03-13-2001 CC Meeting Agenda Commission Agenda
p.m.
MAYOR ARTHUR [ SNYDER
COMMISSIONER ARTHUR BERGER
COMMISSIONER JAY R. BESKIN
COMMISSIONER KEN COHEN
COMMISSIONER HARRY HOLZBERG
COMMISSIONER JEFFREY M. PERLOW
COMMISSIONER PATRICIA ROGERS.LIBERT
CITY MaNaGER ERIC M. SOROr~
CIWZ Ct,ERK TERES^ M. SOROr,2t, CMC/AAE
CITY ATTORNEY WEISS SEROTA HELFMAN PASTORIZA & GUEDES
City Commission City Manager
Arthur t. Snyder, Mayor Eric M. Soroka
Arthur Berger City Clerk
Jay R. Beskin Teresa M. Soroka, CMC/AAE
Ken Cohen
Harry Holzberg City Attorney
Jeffrey M. Perlow Weiss Serota Helfman
Patricia Rogers-Libert Pastoriza & Guedes
AGENDA
MARCH 2001- 6 PM
Biscayne Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
'l. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - None.
4. APPROVAL OF MINUTES: Commission Meeting February 6, 2001
Commission Workshop February 27, 2001
Commission Meeting February 27, 2001
$. 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 from the Consent Agenda
and considered separately.
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED STATEWIDE
MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AlMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Statewide Mutual Aid Agreement)
B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$63,500 FOR PROTECTIVE RAIN GEAR, RADIO EQUIPMENT,
VIDEO PLAYBACK EQUIPMENT AND UNDERCOVER
INVESTIGATIONS EXPENSES FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, CONCERNING CITY
COMMISSION MEMBERS ATTENDANCE AT MEETINGS OF
CITY OF AVENTURA BOARDS AND AGENCIES; PROVIDING
STANDARD OF CONDUCT FOR MAYOR AND
COMMISSIONERS; PROVIDING FOR AN EFFECTIVE DATE.
(Provides limitations on Commission participation in Advisory Board
meetings)
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPOINTING THE FIRM OF ART
& CULTURE GROUP, INC. TO PERFORM PROFESSIONAL
ART CONSULTING SERVICES; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAL SERVICES; AGREEING TO THE
NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED
IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE
DATE.
(Authorizes City Manager to execute Agreement with Art & Culture
Group, Inc. for Rotating Municipal Art Display)
E. 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.
(Declares certain property of the Police Department as surplus)
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA CONCERNING THE CITY
ELECTION OF MARCH 6, 2001, DECLARING QUALIFYING
UNOPPOSED CANDIDATES ELECTED TO OFFICE OF
COMMISSIONER FOR SEATS 4 AND 6 AND OFFICE OF THE
MAYOR WITHOUT NECESSITY FOR FURTHER CONDUCT
OF ELECTION PROCESS; ACCEPTING AND ADOPTING THE
MARCH 6, 2001 ELECTION RESULTS FOR COMMISSION
2
SEAT 2, AS CERTIFIED BY THE CITY CLERK AND
ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE.
(Provides for certification of election results)
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 34
"PLANNING AND ZONING", AMENDING ARTICLE II "QUASI-
JUDICIAL MATTERS" TO REPEAL 34-31 "EX PARTE
COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION 34-32
"HEARING PROCEDURES," AND SECTION 34-33 "PUBLIC
STATEMENTS BY COMMISSIONERS" AND REPLACE THEM WITH
NEW SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI-
JUDICIAL DEVELOPMENT ORDERS; RENUMBERING EXISTING
SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO
BECOME SECTION 34-40; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF AVENTURA BY AMENDING
ARTICLE VII "WATER REGULATIONS" OF CHAPTER 30
"ENVIRONMENT" BY CREATING SECTION 30-200 "LOCAL
IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT";
PROVIDING DEFINITIONS; PROVIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING FOR INCLUSION IN THE CODE;
REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
10. RESOLUTIONS: None
II. OTHER BUSINESS: None.
'l 2. PUBLIC COMMENTS
]3. REPORTS
'l 4. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS.
MARCH 21, 2001 COMMISSION INSTALLATION 7 P.M.*
MARCH 27, 2001 COMMISSION WORKSHOP 9 A.M.**
APRIL 3, 2001 COMMISSION MEETING 6 P.M.***
*Government Center 19200 West Country Club Drive
**2999 NE 191st Street Suite 500
***Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
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 191~t Street, Suite
500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305466-
8901
4
MINUTES
Biscayne Medical Arts Center
CITY COMMISSION MEETING 2~1t0 Biscayne Boulevard Suite 101
FEBRUARY 6, 2001 6 PM 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,
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 Richard Jay
Weiss. Commissioner Harry Holzberg was absent. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Marian Nesbitt led the pledge of allegiance.
3. ZONING HEARINGS - None.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the January 2,
2001 Commission Meeting, the January 25, 2001 Commission Meeting and January
31, 2001 Commission Workshop was offered by Commissioner Rogers-Libert,
seconded by Commissioner Perlow and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
9. C. (Taken out of order) 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 Berger and seconded by
Commissioner Perlow. Mayor Snyder opened the public hearing. The following
individuals addressed the Commission: Seen Cononie, 7508 Grant Court,
Hollywood; Barry Sacrow, 2719 Lincoln Street, Hollywood; Angie (no address);
John David, Esq., 408 S. Andrews Avenue, Suite 202, Fort Lauderdale,
representing the homeless; Leroy Clark, II, (no address); Randy (no address);
Marry Forman, 2757 S. Oakland Forest Blvd., Oakland Park; Willie Perry (no
address); Ray Berry, Lincoln Street; Helen Harrian, 3650 N. 36th Street #5,
Hollywood; Tammy Galen, 1713 Taylor Street, Hollywood; Jamie Benjamin, Esq.,
Benjamin & Aronson, Fort Lauderdale; Aron Griffin (no address); Stefan Simon
(no address); Jim Henry (no address); Ms. Mamesh (no address); Sherry
Sacrow, 2719 Lincoln Street, Hollywood; Mark, 2707 Lincoln Street, Hollywood;
Rex Schantz, (no address); Lois Cross, 6570 Lee Street, Hollywood. There being
no further speakers, the public hearing was closed. An amendment was offered
by Vice Mayor Beskin and seconded by Commissioner Rogers-Libert to delete
from Section 1C(1) the words Country Club Drive, Aventura Boulevard, NE 207th
Street and NE 213th Street. An amendment to the amendment was offered by
Commissioner Berger and seconded by Commissioner Perlow to delete Country
Club Drive and Aventura Boulevard from the amendment. An amendment was
offered by Commissioner Rogers-Libert and seconded Vice Mayor Beskin to add
an additional paragraph to Section 1C(1) to provide that vendors may only solicit
upon receipt of permit from City Manager and City Manager shall establish
guidelines including restriction on days of sale and vendor to have safety plan in
place. The Rogers-Libert amendment was deferred for future discussion as a
separate ordinance. The Berger amendment failed 2-4, with Commissioners
Berger and Perlow voting yes and Commissioners Cohen, Rogers-Libert, Mayor
Snyder and Vice Mayor Beskin voting no. The Beskin amendment failed 2-4,
with Commissioner Rogers-Libert and Vice Mayor Beskin voting yes and
Commissioners Berger, Cohen, Perlow and Mayor Snyder voting no. The motion
for approval of the ordinance as presented passed 4-2, by roll call vote, with
Commissioner Rogers-Libert and Vice Mayor Beskin voting no and Ordinance
No. 2001-02 was enacted.
6. SPECIAL PRESENTATIONS: Certificates of Appointment were presented to
members of the Beautification Advisory Board.
7. CONSENT AGENDA: Vice Mayor Beskin requested removal of items 7B and 7D,
and Commissioner Rogers-Libert requested removal of item 7C from the Consent
Agenda. Mr. Soroka noted an amendment to the easement in 7D. A motion to
approve the remainder of the Consent Agenda was offered by Commissioner
Rogers-Libert, seconded by Commissioner Perlow, unanimously passed and the
following action was taken:
A. Resolution No. 2001-09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 01-01-12-2, AVENTURA BOULEVARD ENTRANCE
FEATURES TO RECIO AND ASSOCIATES, INC. AT THE BID PRICE
OF $409,060.00. AUTHORIZING THE CITY MANAGER TO EXECUTE
2
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.
E. Resolution No. 2001-10 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE VILLAGE OF EL PORTAL 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.
F. Resolution No. 2001-11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXPRESSING SUPPORT OF THE MIAMI-
DADE COUNTY SCHOOL BOARD'S ENDEAVORS FOR CONTINUED
APPROPRIATIONS FOR AND DELIVERY OF ALL CURRENTLY
AUTHORIZED POST-SECONDARY, ADULT AND VOCATIONAL
PROGRAMS AND SUPPORTS THE ACCOUNTABILITY MEASURES
AND EQUAL OFFERING OF EDUCATIONAL PROGRAMS BY ALL
AFFECTED EDUCATIONAL INSTITUTES AS DETAILED IN SENATE
BILL 1688; AND PROVIDING AN EFFECTIVE DATE.
G. The following motion was approved:
MOTION TO REJECT ALL BIDS SUBMITTED IN RESPONSE TO BID
NO 00-10-26-2 FOR CONSTRUCTION OF BANDSTAND AT
FOUNDERS PARK
The following items were removed from the Consent Agenda and addressed
separately:
Vice Mayor Beskin and Commissioner Perlow left the room at this time.
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
3
EXECUTE THE ATTACHED AGREEMENT WITH THE AVENTURA
TURNBERRY JEWISH CENTER, BETH JACOB, TAUBER SCHOOL,
FOR LAW ENFORCEMENT SERVICES; 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 Rogers-Libert, seconded by
Commissioner Cohen, unanimously passed (4-0) and Resolution No. 2001-12
was adopted.
Vice Mayor Beskin and Commissioner Perlow returned to the meeting.
C. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF ART &
CULTURE GROUP, INC. TO PERFORM PROFESSIONAL
CONSULTING SERVICES RELATIVE TO RFP NO. 01-1-10-2,
ROTATING MUNICIPAL ART DISPLAYS; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR
SAID SERVICES; 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 Rogers-Libert, seconded by
Commissioner Cohen, unanimously passed and Resolution No. 2001-13 was
adopted.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF EASEMENTS FROM YACHT CLUB REALTY CORP.
TO THE CITY OF AVENTURA TO CONSTRUCT, ACCESS AND
MAINTAIN THE AVENTURA BOULEVARD ENTRANCE FEATURES:
AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE
INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING
ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Rogers-Libert. Vice Mayor Beskin suggested deletion of the words
from paragraph 8 of the easement "for normal business purposes". The motion
passed unanimously and Resolution No. 2001-14 was adopted.
4
8. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss rsad the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE OF AVENTURA BY AMENDING ARTICLE VII
"WATER REGULATIONS" OF CHAPTER 30 "ENVIRONMENT" BY
CREATING SECTION 30-200 "LOCAL IMPLEMENTATION OF THE
WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT"; PROVIDING DEFINITIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR
INCLUSION IN THE CODE; REPEALING ANY INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Perlow. Mayor Snyder opened the public hearing. There
being no speakers, the public hearing was closed. Vice Mayor Beskin suggested
an amendment to paragraph E to provide that City Manager is hereby authorized
and required. The motion for approval, as amended, passed unanimously by roll
call vote.
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 99-13, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 199912000 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.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Beskin. Mayor Snyder opened the public hearing. Thers being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2001-03 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2000-25, WHICH
5
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.
A motion for approval was offered by Commissioner Rogers-Liber[ and seconded
by Vice Mayor Beskin. 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. 2001-04 was enacted
C. (Previously addressed above)
10. RESOLUTIONS: Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF
PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROPOSED BY
THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION
7.06 OF THE CITY CHARTER; SUBMITTING PROPOSED CHARTER
REVISIONS CONCERNING SECTION 2.02 "MAYOR AND VICE MAYOR,"
SECTION 2.06 "COMPENSATION; REIMBURSEMENT FOR EXPENSES,"
SECTION 3.11 "CITY BOARDS AND AGENCIES," SECTION 4.01
"COMMISSION MEETING PROCEDURE," SECTION 4.11 "INDEPENDENT
AUDIT," SECTION 6.02 "PROCEDURE TO AMEND," SECTION 7.06
"CHARTER REVISION," SECTION 7.09 "NO DISCRIMINATION," SECTION
8.07 "INITIAL ELECTION OF COMMISSION AND MAYOR;" PROVIDING
REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE
ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY THE
15TH DAY OF MAY, 2001; PROVIDING NOTICE OF ELECTION; PROVIDING
FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Beskin. Joe Platnick, Biscayne Boulevard, addressed the
Commission. The motion for approval passed unanimously and Resolution No.
2001-15 was adopted.
Mr. Weiss requested that an Executive Session be scheduled to discuss pending
litigation.
11. OTHER BUSINESS: None.
6
'12. PUBLIC COMMENTS: The following individuals addressed the Commission:
Mr. Platnick; Ginger Grossman and Arthur Grossman, 20100 W. Country Club
Drive; Bernie Weinstein, The Terraces at Turnberry.
'13. REPORTS: As presented.
'14. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 8:35 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.
7
MINUTES Aventura Government Center
COMMISSION WORKSHOP MEETING 2999 NE 191~ Street #500
FEBRUARY 27, 2001 9 AM Aventura, Florida 33180
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, Patricia Rogers-Libert,
Jeffrey M. Perlow, 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. BOARD REPORTS: Janet Laine, Chair of Recreation and Cultural Arts Advisory
Board, updated Commission on progress of the Board.
CITY MANAGER SUMMARY: No action necessary.
2. 199th STREET RR CROSSING UPDATE: Mr. Soroka provided an update, as well
as statistics concerning vehicular accidents at major intersections on Biscayne
Boulevard. George Berlin and Lisa Berkson, Turnberry & Associates and Ken
Jackson, Kimley Horn, addressed the Commission and requested their continued
support for the permanent opening of this intersection.
CITY MANAGER SUMMARY: Turnberry & Associates consultants to provide to
City Manager within 30 days document executed by FDOT and/or Miami-Dade
County stating that they will abide by the terms of Resolution 2000-75.
3. GOVERNMENT CENTER ROTATING ART PROGRAM: Lucy Keshavarz, Art &
Culture Group, Inc., addressed the Commission and briefly explained the processes
involved.
CITY MANAGER SUMMARY: No action necessary.
6. SENIOR COMPUTER TRAINING PROGRAM UPDATE: Mr. Soroka advised the
Commission that the School Board will not provide transportation.
CITY MANAGER SUMMARY: City to provide free bus service for residents from
Government Center for a ten period session, as previously discussed.
5. GOVERNMENT CENTER SCULPTURE UPDATE: Mr. Soroka advised the
Commission that the building's architects reviewed the sculpture proposed by Robert
Diamond and suggested a bronze finish. They also agreed that the ground level or
lobby would be more appropriate than the plaza level.
CITY MANAGER SUMMARY: Mr. Soroka to advise Mr. Diamond of the architects'
suggestions and follow-up.
8. CULTURAL CENTER UPDATE: Final presentation made by RJ Heinsenbottle
Architects.
CITY MANAGER SUMMARY: To be discussed further at next Workshop with
submittal of consultant's final report. City Attorney and City Manager directed to
formulate foundation for public/private fundraising, etc. and the establishment of an
oversight Committee.
4. FOUNDERS PARK SOUTH UPDATE: Brenda Kelley, Community Development
Director, updated the Commission on the status of code compliance at the south
side of Founders Park.
CITY MANAGER SUMMARY: City Manager to have sign posted at the park
outlining the misuse and advising that if misuse continues, City Commission will re-
address the use of the south side of Founders Park by dogs. In addition, signs to be
placed on walking path that all pets should be on leash.
7, STREET SOLICITORS ORDINANCE: (Commissioner Perlow) Commissioner
Perlow expressed his concern regarding this ordinance, the need to strengthen the
City's position against challenge and suggested an amendment to allow solicitation
on 207th and 213th Streets.
CITY MANAGER SUMMARY: Consensus not to amend at this time. City Attorney
to further discuss safety issues with Police Chief and report back at next Workshop
meeting.
Consensus of Commission that 2 plaques be prepared for new Government Center.
One without date listing Mayor Snyder and all current Commissioners. Second
showing date of dedication and no names.
Mayor Snyder suggested that in the future, no Commissioners attend Advisory
Board meetings. After discussion, City Attorney directed to research feasibility of
enacting rule/legislation concerning attendance and input of Commissioners at
Advisory Board meetings.
ADJOURNMENT: There being no further business to come before the Commission at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 12:15 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
MI N UTES Aventura Government Center
CITY COMMISSION MEETING 2999 NE 191~t Street #500
TUESDAY, FEBRUARY 27, 2001 Aventura, Florida 33180
1. CALL TO ORDER: The meeting was called to order at 12:50 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
Mitchell Bierman, Joseph H. Serota and Michael Burke. As a quorum was
determined to be present, the meeting commenced.
2. RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING SETTLEMENT OF THAT
CERTAIN LAWSUIT ENTITLED RUTH PRESENT, TRUSTEE AND
MARION MUTCHNIK V. SNYDER AND CITY OF AVENTURA, ET AL.
CASE NO. 99-3084-ClV-SEITZ AND RELATED CLAIMS UNDER
SECTION 70.001, FLORIDA STATUTES; REPLACING AND
REPEALING RESOLUTION NO. 2000-73, 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; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow, and seconded by
Commissioner Rogers-Libert. Commissioner Perlow suggested that a copy of
the final Lease Agreement be attached to the Resolution. The motion was
unanimously passed and Resolution No. 2001-16 was adopted.
Commission discussed sale of the subject property. No action taken.
3. ADJOURNMENT: There being no further business to come before the Commission,
the meeting adjourned at 1:05 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on .n
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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission /,.,.~ /
FROM: Eric M. Soroka, Ci~1~f
DATE: February 6, 2001
SUBJECT: Statewide Mutual Aid Agreement for Catastrophic Disaster Response
and Recovery
March 13, 2001 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery.
This document replaces the one previously approved in 1996.
BACKGROUND
The State of Florida requires that the attached Agreement must be entered into by the
City of Aventura if we wish to receive reimbursement from the State for expenses
incurred during a catastrophic disaster and to be eligible to apply for emergency
preparedness grants.
The new Statewide Mutual Aid Agreement will take effect June 30, 2001. The major
changes between the 1996 version and the 2001 are as follows:
1. Independent special districts are now included, creating access to a
broader array of resources.
2. The new Agreement includes governmental entities of every description.
3. The new Agreement makes use of binding arbitration to settle disputes
between parties.
4. No participating party may hire employees in violation of the employment
restrictions in the Immigration and Nationality Act, as amended.
Memo to City Commission
Page 2
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0953-01
RESOLUTION NO. 2001-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED STATEWIDE
MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission finds that approval of the Statewide Mutual Aid
Agreement for Catastrophic Disaster Response and Recovery (the "Agreement") is in
the best interests of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The attached Agreement is hereby approved and the City
Manager is authorized to execute such Agreement on behalf of the City of Aventura.
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 M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2001-__
Page 2
PASSED AND ADOPTED this 13th day of March, 2001.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
~1~ July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida
(the "Department"), and all the local governments sigrting this Agreement (the "Participafmg Par-
ties") is based on the existence of the following conditions:
A. The State of Florida is vulnerable to a wide range of disastem that are likely to cause the
disruption of essential services and the destruction of the infrastructure needed to deliver those
services.
B. Such disasters are likely to exceed the capability of any one local government to cope
w~th the disaster with existing resources.
C. Such disasters may also give rise to unusual technical needs that the local government
may be unable to meet with exist'rog resources, but that other local governments may be able to offer.
D. The Emergency Management Act, as amended, gives the local governments of the State
the authority to make agreements for mutual assistance in emergencies, and through such agreements
to ensure the timely reimbursement of costs incurred by the local governments which render such
assistance.
E. Under the Act the Department, through its Division of Emergency Management (the
"Division"), has authority to coordinate assistance between local governments during emergencies
and to concentrate available resources where needed.
~ ~ July31,2000
F. The existence in the State of Florida of special districts, educational districts, and other
regional and local governmental entities with special functions may make additional resources
available for use in emergencies.
Based on the existence of the foregoing conditions, the parties agree to the following:
ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have
the following meanings:
A. The "Agreement" is this Agreement, which also may be called the Statewide
Mutual Aid Agreement.
B. The "Participating Parties" to this Agreement are the Department and any and all
special districts, educational districts, and other local and regional governments signing this
Agreement.
C. The "Department" is the Department of Community Affairs, State of Florida.
D. The "Division" is the Division of Emergency Management of the Department.
E. The "Requesting Parties" to this Agreement are Participating Parties who request
assistance in a disaster.
F. The "Assisting Parties" to this Agreement are Participating Parties who render
assistance in a disaster to a Requesting Party.
2
July 31, 2000
G. The "State Emergency Operations Center" is the facility designated by the State
Coordinating Officer for use as his or her headquarters during a disaster.
H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued
by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999).
I. The "State Coordinating Officer" is the official whom the Governor designates by
Executive Order to act for the Governor in responding to a disaster, and to exercise the
powers of the Governor in accordance with the Executive Order and the ComprehensiVe
Emergency Management Plan.
J. The "Period of Assistance" is the time during which any Assisting Party rendem
assistance to any Requesting Party in a disaster, and shall include both the time necessary for
the resources and personnel of the Assisting Party to travel to the place specified by the
Requesting Party and the time necessary to return them to their place of origin or to the
headquarters of the Assisting Party.
K. A "special district" is any local or regional governmental entity which is an in-
dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless
of whether established by local, special, or general act, or by rule, ordinance, resolution, or
interlocal agreement.
L. An "educational district" is any School District within the meaning of§ 230.01,
July 31, 2000
Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(1),
Fla. Stat. (1999).
M.. An "inteflocal agreement" is any agreement between local governments within
the meaning of § 163.010)(a), Fla. 8tat. (1999).
N. A "local government" is any educational district and any entity that is a "local
governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999).
O. Any expressions not assigned definitions elsewhere in this Agreement shall have
the definitions assigned them by the Emergency Management Act, as amended.
ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance
under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other
mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree-
ment for a minor disaster.
ARTICLE III. Invocation of the A~reement. In the event of a disaster or threatened disaster,
a Participating Party may invoke assistance under this Agreement by requesting it from any other
Participating Party or from the Department if, in the judgment of the Requesting Party, its own
resources are inadequate to meet the disaster.
A. Any request for assistance under this Agreement may be oral, but within five (5)
days must be confirmed in writing by the Director of Emergency Management for the County
4
~July 31, 2000
of the Requesting Party, unless the State Emergency Operations Center has been activated
in response to the disaster for ~vhieh assistance is requested.
B. All requests for assistance under this Agreement shall be transmitted by the
Director of Emergency Management for the County of the Requesting Party to either the Di-
vision or to another Participating Party. If the Requesting Party transmits its request for
Assistance directly to a Participating Party other than the Department, the Requesting Party
and Assisting Party shall keep the Division advised of their activities.
C. If any requests for assismce under this Agreement are submitted to the Division,
the Division shall relay the request tto such other Participating Parties as it may deem ap-
propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely
assistance to the Requesting Party. All such activities shall be carried out in accordance with
the Comprehensive Emergency Management Plan.
D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing
in this Agreement shall be construed to allocate liability for the costs of personnel, equip-
ment, supplies, services and other resources that are staged by the Department or by other
agencies of the State of Florida for use in responding to a disaster pending the assignment
of such personnel, equipment, supplies, services and other resources to a mission. The docu-
mentation, payment, repayment, and reimbursement of all such costs shall be rendered in
5
~1~ July 31, 2000
accordance with the Comprehensive Emergency Management Plan.
ARTICLE IV.. Responsibilities of Requesting Parties. To the extent practicable, all Re-
questing Parties seeking assistance under this Agreement shall provide the following information
to the Division and the other Participating Parties. In providing such information, the Requesting
Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting
Party shall be deemed sufficient to meet the requirements of this Article:
A. A description of the damage sustained or threatened;
B. An identification of the specific Emergency Support Function or Functions for
which such assistance is needed;
C. A description of the specific type of assistance needed within each Emergency
Support Function;
D. A description of the types of personnel, equipment, services, and supplies needed
for each specific type of assistance, with an estimate of the time each wilt be needed;
E. A description of any public infrastructure for which assistance will be needed;
F. A description of any sites or structures outside the territorial jurisdiction of the
Requesting Party needed as centers to stage incoming personnel, equipment, supplies,
services, or other resources;
6
~Juiy 31, 2000
G. The place, date and time for personnel of the Requesting Party to meet and
receive the personnel and equipment of the Assisting Party; and
H. A technical description of any communications or telecommunications equipment
needed to ensure timely communications between the Requesting Party and any Assisting
Parties.
ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party. shaltrender
assistance under this Agreement to any Requesting Party to the extent practicable given its personnel,
equipment, resources and capabilities. If a Participating Party wlfich has'received a request for
assistance under this Agreement determines that it has the capacity to render some or all of such
assistance, it shall provide the following information to the Requesting Party and shall transmit it
without delay to the Requesting Party and the Division. In providing such information, the Assisting
Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting
Party shall be deemed sufficient to meet the requirements of this Article:
A. A description of the personnel, equipment, supplies and services it has available,
together with a description of the qualifications of any skilled personnel;
B. An estimate of the time such personnel, equipment, supplies, and services will
continue to be available;
lJuly 31, 2000
C. An estimate of the time it will take to deliver such personnel, equipment, supplies,
and services at the date, time and place specified by the Requesting Party;
D. A technical description of any communications and telecommunications equip-
ment available for timely communications with the Requesting Party and other Assisting
Parties; and
E. The names of all personnel whom the Assisting Party designates as Supervisors.
ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel,
equipment, supplies, services, or other resources to the place specified by the Requesting Party, the
Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall
be responsible for directing the performance of these assignments. The Assisting Party shall have
authority to direct the manner in which the assignments are performed. In the event of an emergency
that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of
the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days
notice or, if such notice is impracticable, as much notice as is practicable under the circumstances.
A. For operations at the scene of catastrophic and major disasters, the Assisting Party
shall to the fullest extent practicable give its personnel and other resources sufficient equip-
ment and supplies to make them self-sufficient for food, shelter, and operations unless the
Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall
g
1July 31, 2000
be responsible to provide food and shelter for the personnel of the Assisting Party unless the
Requesting Party has specified the contrary. In its request for assistance the Requesting Party
may specify that Assisting Parties send only self-sufficient personnel or self-sufficient
resources.
B. Unless the Requesting Party has specified the contrary, the Requesting Party shall
to the fullest extent practicable coordinate all communications between its personnel and
those of any Assisting Parties, and shall determine all frequencies and other technical speci-
fications for all communications and telecommunications equipment to be used.
C. Personnel of the Assisting Party who render assistance under this Agreement shall
receive their usual wages, salaries and other compensation, and shall have all the duties, re-
sponsibilities, immunities, rights, interests and privileges incident to their usual employment.
ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting
Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim-
bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the
following conditions and exceptions:
A. The Department shall pay the costs incurred by an Assisting Party in responding
to a request that the Department initiates on its own, and not for another Requesting Party,
upon being billed by that Assisting Party in accordance with this Agreement.
9
July 31, 2000
B. An Assisting Party shall bill the Department or other Requesting Party as soon
as practicable, but not later than thirty (30) days after the Period of Assistance has closed.
Upon the request of any of the concerned Participating Parties, the State Coordinating Officer
may extend this deadline for cause.
C. If the Department or the Requesting Party, as the case may be, protests any bill
or item on a bill bom an Assisting Party, it shall do so in writing as soon as practicable, but
in no event later than thirty (30) days after the bill is received. Failure to protest any bill or
billed item in writing within thirty (30) days shall constitute agreement to the bill and the
items On the bill.
D. If the Department protests any bill or item on a bill from an Assisting Party, the
Assisting Party shall have thirty (30) days from the date of protest to present the bill or item
to the original Requesting Party for payment, subject to any protest by the Requesting Party.
E. If the Assisting Party cannot agree with the Department or the Requesting Party,
as the case may be, to the settlement of any protested bill or billed item, the Department, the
Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil-
it5, for the protested bill or billed item in accordance with Section F of this Article.
F. If the Department or a Participating Party elects binding arbitration, it may select
as an arbitrator any elected official of another Participating Party or any other official of an-
10
~~1~ July 31, 2000
other Participating Party whose normal duties include emergency management, and the other
Participating Party shall also select such an official as an arbitrator, and the arbitrators thus
chosen shall select another such official as a third arbitrator.
G. The three O) arbitrators shall convene by teleconference or videoconference with-
in thirty (30) days to consider any documents and any statements or arguments by the Depart-
ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render
a decision in writing not later than ten (10) days after the dose of the hearing. The decision
ora majority of the arbitrators shall bind the parties, and shall be final.
H. If the Requesting Party has not forwarded a request through the Department, or
if an Assisting Party has rendered assistance without being requested to do so by the De-
partment, the Department shall not be liable for the costs of any such assistance. All requests
to the Federal Emergency Management Agency for the reimbursement of costs incurred by
any Participating Party shall be made by and through the Department.
I. If the Federal Emergency Management Agency denies any request for reimburse-
ment of costs which the Department has already advanced to an Assisting Party, the Assisting
Party shall repay such costs to the Department, but the Department may waive such repay-
ment for cause.
11
lJuly 31, 2000
ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting
Party under this Agreement shall be reimbursed as needed to make the. Assisting Party whole to the
fullest extent practicable.
A. Employees of the Assisting Party who render assistance under this Agreement
shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any
and all other compensation for mobilization, hours worked, and demobilization. Such
compensation shall include any and all contributions for insurance and retirement, and such
employees shall continue to accumulate seniority at the usual rate. As between the employ-
ees and the Assisting Party, the employees shall have all the duties, responsibilities, im-
munities, rights, interests and privileges incident to their usual employment. The Requesting
Party shall reimburse the Assisting Party for these costs of employment.
B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the
rental rate established for like equipment by the regulations of the Federal Emergency Man-
agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting
Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed
to keep the equipment in a state of operational readiness. Rent for the equipment shall be
deemed to include the cost of fuel and other consumable supplies, maintenance, service,
repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting
12
~1~ July 31, 2000
Party may provide fuels, consumable supplies, maintenance, and repair services for such
equipment at the site. In that event, the Requesting Party may deduct the actual costs of such
fuels, consumable supplies, maintenance, and services fi.om the total costs other, vise payable
to the Assisting Party. If the equipment is damaged while in use under this Agreement and
the Assisting Party receives payment for such damage under any contract of insurance, the
Requesting Party may deduct such payment fi.om any item or items billed by the Assisting
Party for any of the costs for such damage that may otherwise be payable.
C. The Requesting Party shall pay the total costs for the use and consumption of any
and all consumable supplies delivered by the Assisting Party for the Requesting Party under
this Agreement. In the case of perishable supplies, consumption shall be deemed to include
normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care
in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in
usable condition upon the close of the Period of Assistance, and the Requesting Party may
deduct the cost of such returned supplies from the total costs billed by the Assisting Party for
such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and
all used consumable supplies with like supplies in usable condition and of like grade, quality
and quantity within the time allowed for reimbursement under this Agreement.
13
July 31, 2000
D. The Assisting Party shall keep records to document ail assistance rendered under
this Agreement. Such records shall present information sufficient to meet the audit re-
quirements specified in the regulations of the Federal Emergency Management Agency and
applicable circulars issued by the Office of Management and Budget. Upon reasonable
notice, the Assisting Party shail make its records available to the Department and the Re-
questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays
other than official holidays.
ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance
to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed
to require any Participating Party to procure insurance.
A. Each Participating Party shall procure employers' insurance meeting the require-
ments of the Workers' Compensation Act, as amended, affording coverage for any of its em-
ployees who may be injured while performing any activities under the authority of this
Agreement, and shall file with the Division a certificate issued by the insurer attesting to such
coverage.
B. Any Participating Party that elects additional insurance affording liability cover-
age for any activities that may be performed under the authority of this Agreement shall file
with the Division a certificate issued by the insurer attesting to such coverage.
14
iJuly 31, 2000
C. Any Participating Party that is self-insured with respect to any line or lines of in-
surance shall file with the Division copies of all resolutions in current effect reflecting its
determination to act as a self-insurer.
D. Subject to the limits of such liability insurance as any Participating Party may
elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part,
any immunity any Participating Party may have in any judicial or quasi-judicial proceeding.
E. Each Participating Party which renders assistance under this Agreement shall be
deemed to stand in the relation of an independent contractor to all other Participating Parties,
and shall not be deemed to be the agent of any other Participating Party.
F. Nothing in this Agreement shall be construed to relieve any Participating Party
of liability for its own conduct and that of its employees.
G. Nothing in this Agreement shall be construed to obligate any Participating Party
to indemnify any other Participating Party from liability to third parties.
ARTICLE X. General Requirements. Notwithstanding anything to the conirary elsewhere
in this Agreement, all Participating Parties shall be subject to the following requirements in the per-
formance of this Agreement:
A. To the extent that assistance under this Agreement is funded by State funds, the
obligation of any statewide instmlnentality of the State of Florida to reimburse any Assisting
15
July 31, 2000
Party under this Agreement is contingent upon an annual appropriation by the Legislature.
B. All bills for reimbursement under this Agreement from State funds shall be sub-
mitred in detail sufficient for a proper preaudit and post audit thereof. To the extent that such
bills represent costs incurred for travel, such bills shall be submitted in accordance with
applicable requirements for the reimbursement of state employees for travel costs.
C. All Participating Parties shall allow public access to all documents, papers, letters
or other materials subject to the requirements of the Public Records Act, as amended, and
made or received by any Participating Party in conjunction with this Agreement.
D. No Participating Party may hire employees inviolation of the employment restric-
tions in the Immigration and Nationality Act, as amended.
E. No costs reimbursed under this Agreement may be used directly or indirectly to
influence legislation or any other official action by the Legislature of the State of Florida or
any of its agencies..
F. Any communication to the Department or the Division under this Agreement shall
be sent to the Director, Division of Emergency Management, Department of Community
Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-
2100. Any communication to any other Participating Party shall be sent to the official or
officials specified by that Participating Party on Form A attached to this Agreement. For the
16
~ ~ July31,2000
purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent
by the InterNet, or may be faxed.
ARTICLE X/. Effect of Agreement. Upon its execution by a Participating Party, this Agree-
ment shall have the following effect with respect to that Participating Party:
A. The execution of this Agreement by any Participating Party which is a signatory
to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties,
and responsibilities and obligations of that Participating Party under that agreement, but such
termination shall not affect the liability of the Participating Party for the reimbursement of
any costs due under that agreement, regardless of whether billed or unbilled.
B. The execution of this Agreement by any Participating Party which is a signatory
to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties,
responsibilities and obligations of that Participating Party under that agreement, but such
termination shall not affect the liability of the Participating Party for the reimbursement of
any costs due under that agreement, regardless of whether billed or unbilled.
C. Upon the activation of this Agreement by the Requesting Party, this Agreement
shall supersede any other existing agreement between it and any Assisting Party to the extent
that the former may be inconsistent with the latter.
17
~ ~ July31,2000
D. Unless superseded by the execution of this Agreement in accordance with Section
A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to
have legal existence after June 30, 2001.
E. Upon its execution by any Participating Party, this Agreement will continue in
effect for one (1) year from its date of execution by that Participating Party, and it shall be
automatically renewed one (1) year after its execution unless within sixty (60) days before
that date the Participating Party notifies the Department in writing of its intent to withclmw
from the Agreement.
F. The Department shall l~ansmit any amendment to this Agreement by sending the
amendment to all Participating Parties not later than five (5) days after its execution by the
Department. Such amendment shall take effect not later than sixty (60) days after the date
of its execution by the Department, and shall then be binding on all Participating Parties.
Notwithstanding the preceding sentence, any Participating Party who objects to the amend-
ment may withdraw from the Agreement by notifying the Department in writing of its intent
to do so within that time in accordance with Section E of this Article.
ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli-
cation of this Agreement shall be governed by the following conditions:
A. The obligations and conditions resting upon the Participating Parties under this
18
~1~ July 31, 2000
Agreement are not independent, but dependent.
B. Time shall be of the essence of this Agreement, and of the performance of all
conditions, obligations, duties, responsibilities and promises under it.
C. This Agreement states all the conditions, obligations, duties, responsibilities and
promises of the Participating Parties with respect to the subject of this Agreement, and there
are no conditions, obligations, duties, responsibilities or promises other than those expressed
in this Agreement.
D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un.
enforceable or im, alid, every other sentence, clause, phrase or other portion of the Agreement
shall remain in full force and effect, it being the intent of the Department and the other Par-
ticipating Parties that every portion of the Agreement shall be severable from every other
portion to the fullest extent practicable.
E. The waiver of any obligation or condition in this Agreement in any instance by
a Participating Party shall not be construed as a waiver of that obligation or condition in the
same instance, or of any other obligation or condition in that or any other instance.
19
July 31, 2000
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA
By:
Director Date:
ATTEST:
CITY CLERK CITY OF
STATE OF FLORIDA
By: By:
Title:
Title:_ ~,'4~
Date:
Approved as to Form:
By:
City Attorney
21
~ July31,2000
STATEWIDE MIJTUAL AID AGREEMENT
FORM A
Date: t4arch 13, 2001
Name of Government: City of Aventura
Mailing Address: 2999 N.E. 191 Street, Suite 500
City, State, Zip:. Aventura, Florida 33180
Authorized Representatives to Contact for Emergency Assistance: Primary Representative
Name: Eric a. Soroh
Title: City l~anager
Address: 2999 N.E. 191 Street, Suite 500, Aventura, Florida 33180
Day Phone: (305) 466-8910 Night Phone: (956) 643-7975
Teleeopier: (305) 466-8919 InterNet: sorokae@cityofaventura.con
First Alternate Representative
Thomas g. Ribel
Name:
Title: Police Chief
Address: 2960 Aventura Boulevard, Aventura, Florida 33180
Day Phone: (305) 666-8966 Night Phone: (954) 634-6225 (1t)
(305) 062 71:3 (~)
Telecopier: ()05) 666-8990 InterNet: ribelt@aventurapolice.com
Second Alternate Representative
Name: Steve Steinberg
Title: Deputy Chief of Police
Address: 2960 Aventura l~oulevard, Aventura, Florida 33180
Day Phone: (305) 466-8996 Night Phone: (954) 680-8632 (H)
Teleeopier: (305) 466-8990 InterNet: ~teinber~$@aventnrapolice.com
PL~.~$E UPD,'IZE ~ £L~CTION$ OR ,4PPOINFMENT$ OCCUR
Return to:Deparmaent of Community Affairs-Diviaiun of Emergency Maungeme~t
2555 Shumard Oak Boulevard - Tallahassee, Florida 32399-2100
23
~ July 31,2000
STATEWIDE MLV~AL AID AGREEMENT
Form B
Date:
Name of Requesting Party:
Contact Official for Requesting Party:
Name:
Telephone:
InterNet:
1. Description of Damage:
2. Emergency Support Functions:
3. Types of Assistance Needed:
24
l~~ July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form B
4. Types of Resources Needed:
5. Description of Infrastructure:
6. Description of Staging Facilities:
7. Description of Telecommunications Resources:
25
~[~l~~ July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form B
8. Time, Place and Date to Deliver Resources:
9. Names of Supervisors for Requesting Party:
26
l~~ July31,2000
STATEWIDE MUTUAL AID AGREEMENT
Form C
Date:
Name of Assisting Party:
Contact Official for Assisting Party:
Name:
Telephone:
InterNet:
1. Description of Resources:
2. Estimated Time Resources Available:
27
~l~ J~y 31, 2000
STATEWIDE MUTUAL AID AOREEMENT
Form C
3. Estimated Time and Date to Deliver Resources:
4. Description of Telecommunications Resources:
5. Names of Supervisors for Assisting Party:
28
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, C~/?/,e¢ ~ler
DATE: March 6, 2001 C
SUBJECT: Disbursement of Police Forfeiture Funds
March 13, 2001 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to Expend
Funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $63,500 for protective rain gear,
radio equipment, video playback equipment and undercover investigations
expenses from the Police Forfeiture Fund in accordance with the City Manager's
memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
1. Eighty (80) sets of gore rain gear $21,500
2. Radio patch equipment $25,000
3. Video playback equipment $7,000
4. Undercover operations expenses $10,000
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0958-01
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Thomas E. Ribel, Chief of Police
DATE: February 21, 2001
SUBJECT: Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Council approval for the expenditure of:
Gore Tex Rain gear $21,500.00
Radio Patch System $25,000.00
Video Playback equipment: $7,000.00
Expenses for undercover investigations $t0,000.00
Total Expenditure Request: $63,500.00
I certify that this requested expenditure complies with Florida State Statute
932,704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3~ Funds were not considered in the adoption and approval of the budget
of the Police Department.
Gore Tex Rain Gear
80 sets of gore tex rain gear @ $250 each, 80 hats @ $16.50 each. Rain jacket
and pants are made of breathable gore rex material. Jackets are reversible with
one side Hi-Vis yellow with 3M Reflective "Police" and stripes. The Raingear will
be issued to all sworn, PeA and Reserve.
Radio Patch System
Radio multiplex (4 Ericcson Orion Mobile Radios and interlink) to connect
Aventura with Dade, Broward and FHP radio frequencies for mutual aid
communications and interoperability.
Video Playback Equipment
This equipment is compatible with most major retailers video surveillance
cameras. It is capable of playing multiple tracks, viewing separate tracks,
freezing frames and printing still pictures.
Expenses for Undercover Operations
This fund will be used to offset expenses associated with undercover operations
such as cell phones, pagers, rentals or miscellaneous expenses that occur
during the investigation.
CITY OF AVENTURA
OFFICE OF THE CiTY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City~i'an.a~
DATE: March 7, 2001
SUBJECT: Resolution Concerning Commission Attendance at Board Meetings
March 13, 2001 City Commission Meeting Agenda item 7-..~
Recommendation
It is recommended that the City Commission adopt the attached resolution concerning
Commission attendance at the City's Advisory Board meetings.
Back.qround
At the Workshop on February 27, 2001, Commission directed staff to prepare a
Resolution setting forth limitations on the Commission's participation in Advisory Board
meetings.
Should you have any questions, please call me.
EMS/tms
attachment
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONCERNING CITY
COMMISSION MEMBERS ATTENDANCE AT MEETINGS
OF CITY OF AVENTURA BOARDS AND AGENCIES;
PROVIDING STANDARD OF CONDUCT FOR MAYOR
AND COMMISSIONERS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 7.03 of the City Charter, the Mayor and
Commissioners are subject to standards of conduct for public officers as provided by
federal, state, county or other applicable law, and the City Commission is authorized to
adopt additional standards of conduct that are not inconsistent with applicable laws; and
WHEREAS, the City Commission finds that if individual Commission members
attend, make presentations or engage in discussions at meetings of the City of Aventura
boards and agencies, such practice may interfere with the free exchange of ideas
between members of such boards and agencies and the public and may dilute the
effectiveness of the advisory responsibilities of such boards and agencies; and
WHEREAS, the City Commission desires to provide an additional standard of
conduct for the Mayor and Commissioners, as set forth herein, concerning the activities
of Commissioners at meetings of the City's boards and agencies.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the above stated recitals are hereby confirmed and adopted.
Section 2. That the Mayor and City Commissioners shall abide by the following
additional standard of conduct:
STANDARD OF CONDUCT CONCERNING CONDUCT AT
MEETINGS OF CITY BOARDS AND AGENCIES:
Resolution No. 2001-__
Page 2
Neither the Mayor nor any Commissioner shall attend any
meeting of any City board or agency which has been
established by the City Commission in accordance with
Section 3.11 of the City Charter, other than for the purpose
of simply quietly observing the proceedings of such board or
agency as a member of the public. The Mayor or any
Commissioner attending any meeting of a City board or
agency, shall not engage in discussions or make
presentations at the meeting, and if called upon to respond
to a question, shall simply state that he or she is present
solely to observe the proceedings as authorized by this
Resolution.
Section 3. Any members of the City Commission, including the Mayor, violating
the standards of conduct set forth above, shall be subject to reprimand by the City
Commission. The City Commission reserves the right, by subsequent ordinance or
resolution, to prospectively implement other sanctions, in the event that the sanction
provided for above is not effective in implementing the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective
immediately upon adoption hereof.
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
2
Resolution No. 2001-
Page 3
PASSED AND ADOPTED this 13th day of March, 2001.
ARTHURI. SNYDER, MAYOR
A'FI-EST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGALSUFFICIENCY
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
City Commission
FROM: Eric M. Soroka,
BY: Robert M. Sherman, 13~ct~r of Community Servic~e~:~.,,~
V
DATE: March 6, 2001
SUBJECT: Resolution Appointing Art & Culture Group, Inc. to Perform
Consulting Services
March 13, 2001 City Commission Meeting Agenda Item r~
Recommendation
It is recommended that the City Commission adopt the attached resolution appointing
the firm of Art & Culture Group, Inc. to perform professional consulting services as
contained in the attached Agreement.
Back.qround
This Agreement between the City and the Art & Culture Group, Inc. provides
professional art consulting services to the City relative to the Rotating Art Displays
Request for Proposal. The City Attorney and Finance Support Services Director
provided input and opinions during the negotiation of this Agreement as part of the
review process.
The consultant has agreed to solicit input from the Culture and Recreation Advisory
Board, as well as other sources prior to making final selections on art that will be
displayed, and to continue to solicit the Board's input prior to making final selections on
all other art and culture projects which may be assigned. The Agreement is non-
transferable and contains a thirty-day clause for termination by either party with or
without cause. Exhibit "A" contains the hourly rate for this consultant, which will be $85
per hour.
City Commission
March 6, 2001
Page Two
The Rotating Municipal Art Display for the Government Center will be divided into two
portions: the first one being the Assessment Phase, and the second being the
Implementation Phase. An outline of the Assessment Phase is attached hereto for your
review. It is anticipated that the Assessment will cost approximately $5,000.
RMS/gf
Attachments
RMS01027
Art
Culture City of Aventura
~jrouj~, Inc. Rotating Art in Public Places Program in the New City Hall
Phase I - Assessment
Mission: To determine how the program will be implemented at the
Government Center, and how the program can fulfill the needs of the
community. Listed below in outline form, are the tasks to be done by the
Consultant during the assessment phase. The emphasis is on a high
quality program geared toward the community of Aventura, one which
yields pride among residents by exhibiting quality artwork, resulting in a
program that becomes an example among art in public places programs.
Assessment with Commission and Staff
A. Determine clear direction and intent of the program
B. Determine how the Art in Public Places Program can enhance
current and future City events and programs
C. Determine how the Art in Public Places can fulfill the
Commission's vision for this project
art & cultural
II Site Assessment
pr0grumming A. Determine site capability
1. Is there adequate and maintainable wall space
available?
design and 2. Is there proper lighting available?
3. Is there adequate space for three-dimensional artwork
consulting in cases, on pedestals, or freestanding?
B. Make suggestions on site work which needs to be done to
fulfill the intent of the program. Discuss direction and plan for
implementation with City staff.
III Develop Policies for Art Exhibition Program A. Determine exhibition schedule - how many weeks for each
show, how many receptions per year, type of invitation,
invitation list, etc.
B. Determine how the sale of artwork will be dealt with
C. Develop opportunities for Aventura artists
D. Develop art selection policies
Lucy M.F. Keshavarz IV Preparation of Documents
President/Artist A. Loan agreement for artwork subject to review by City Attorney
B. Gather information for City to add insurance coverage to
1280 N, C0eg~ess Avenue protect artwork on display
Suite 206
Wesll~uJm 8e0ch C. Develop Artist Packet - confirmation letter, loan agreement,
Florida 33409 site & technical information, exhibition policy information
phone (561)882-9092
fex (861)689.7476
email:lucyacg@excite.c0m V Develop Cost Estimate for the Rotating Art Exhibition Program
RESOLUTION NO. 2001-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPOINTING THE FIRM
OF ART & CULTURE GROUP, INC. TO PERFORM
PROFESSIONAL ART CONSULTING SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
SERVICES; AGREEING TO THE NEGOTIATED SCOPE
OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Art & Culture Group, Inc. is hereby appointed to
perform General Art Consulting Services on behalf of the City of Aventura.
Section 2. The City Manager is hereby authorized to execute the attached
agreement for professional services by and between the City and Art & Culture Group,
Inc. and whereby the City agrees to the negotiated scope of services and fees.
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 ., 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 13th day of March, 2001.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF AVENTURA
AND ART AND CULTURE GROUP, INC. for GENERAL
PROFESSIONAL ART CONSULTING SERVICES
THIS AGREEMENT is entered into this 13th day of March, 2001 between the City of
Aventura, a Florida municipal corporation, (CITY) and Art and Culture Group, Inc.
(CONSULTANT).
WITNESSETH, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and CONSULTANT agree as
follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the definitions and identifications set forth below are assumed
to be true and correct and are therefore agreed upon by the parties.
1.1 CONTRACT ADMINISTRATOR: Whenever the term "CONTRACT
ADMINISTRATOR" is used herein, it is intended to mean the City Manager or
designee. In the administration of this Agreement, alt parties may rely upon
instructions or determinations made by the CONTRACT ADMINISTRATOR.
1.2 CONSULTANT: Art & Culture Group, Inc. which is the professional
organization with whom CITY has contracted for the performance of services
pursuant to this Agreement.
1.3 CITY: City of Aventura, Florida, a body corporate and politic and a political
subdivision of the State of Florida.
1.4 NOTICE TO PROCEED: A written statement issued by the CONTRACT
ADMINISTRATOR directing CONSULTANT to begin work.
1.5 PROJECT: The nature of the PROJECT includes planning, studies, surveys,
design, permitting, event/activity/program/project management, supervision,
implementation, observations and general professional art consulting services,
and other projects as assigned. This includes, but is not limited to, work
performed for and in CITY buildings, lands, park facilities, right-of-way, and
beautification purposes. The term "lands" includes land or property proposed to
be acquired or sold.
1.6 REIMBURSABLES: Whenever the term REIMBURSABLES is used herein, it is
intended to mean actual expenses directly related to the performance of the
services as set forth in this Agreement. REIMBURSABLES are limited to:
a. Identifiable expenses of transportation in connection with the PROJECT
subject to the provisions and limitations for public agencies established
in Chapter 112, Florida Statutes. Automobile travel inside Broward,
Miami-Dade and Palm Beach Counties is not reimbursable.
b. Identifiable per diem, meals and lodgings, taxi fares and miscellaneous
travel-connected expenses for CONSULTANT's personnel subject to the
limitations of Chapter 112, Florida Statutes. Per Diem within Broward,
Miami-Dade and Palm Beach Counties is not reimbursable.
c. Identifiable communication expenses for express mail charges.
d. Identifiable cost of printing reproduction.
e. Permit application fees. All fees paid to regulatory agencies for
approvals directly attributable to the PROJECT. These permit fees do
not include those permits required for the work of others.
Reimbursable subcontractor expenses are limited to the items described above
when the subcontractor provides for reimbursable expenses.
Notwithstanding anything to the contrary in the Agreement, all
REIMBURSEMENTS which exceed Five Hundred Dollars ($500.00) shall be
approved, in writing, by the CONTRACT ADMINISTRATOR pdor to incurring
the expenditure. Failure to comply with this provision shall result in the waiver
of the REIMBURSABLES.
1.7 BILLING RATE: Whenever the term BILLING RATE is used herein, it is
intended to mean average base salaries and wages paid to personnel by
employee category engaged directly on the PROJECT, including all fringe
benefits, overhead and profit. BILLING RATE by employee category is shown
on EXHIBIT A.
1.8 GENERAL ART CONSULTING ASSISTANCE: Whenever the term ART
CONSULTING ASSISTANCE is used herein, it is intended to mean those
professional services provided to CITY on a day-to-day basis for specific tasks
provided the estimated CONSULTANT cost for specific task does not exceed
Fifteen Thousand Dollars ($15,000.00). Typical tasks include attendance at
meetings, telephone calls, and providing day-to-day assistance as required.
a. CITY shall describe the Task to be undertaken by CONSULTANT.
2
b. CONSULTANT shall agree upon a level of effort and employee category to
be assigned to the specific Task, and provide CITY with a proposal for the
work.
c. CITY shall authorize CONSULTANT, in writing, to provide professional
services requested for the specific Task.
d. CONSULTANT shall be reimbursed by CITY at the BILLING RATE payable
for each CONSULTANT's employee category shown on Exhibit A.
1.9 WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is
used herein, it is intended to mean general professional art consulting services
related to specific projects identified by CITY for which the estimated
CONSULTANT cost exceeds Fifteen Thousand Dollars ($15,000.00).
The authorization issued by CITY shall contain the following information and
requirements:
a. A description of the work to be undertaken and method of compensation with
reference to the appropriate paragraphs of this Agreement.
b. A budget establishing the amount of compensation to be paid, which amount
shall constitute a guaranteed maximum, or a lump sum at the CONTRACT
ADMINISTRATOR's sole discretion, and shall not be exceeded unless prior
written approval of CITY is obtained. The information contained in the budget
shall be in sufficient detail so as to identify the various elements of costs, and
the adequacy of such budget information shall be subject to the approval of
c. A time established for completion of the work or services undertaken by
CONSULTANT or for the submission to CITY of documents, reports and other
information pursuant to this Agreement. The time established for performance
shall be subject to the approval of CITY; however, the time may, in the sole
discretion of CITY, be extended upon justification of CONSULTANT that
additional time is necessary for performance. Failure on the part of
CONSULTANT to comply with the time established for performance may result
in the termination of this Agreement.
d. WORK AUTHORIZATIONS shall be dated and serially numbered.
ARTICLE 2
PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement and to generally express the objectives and intentions of the respective
parties herein, the following statements, representations and explanations shall be
3
accepted as predicates for the undertakings and commitments included within the
provisions which follow and may be relied upon by the parties as essential elements of
the mutual considerations upon which this Agreement is based.
2.1 Negotiations pertaining to the services to be performed by CONSULTANT were
undertaken between CONSULTANT and CITY, and this Agreement incorporates
the results of such negotiations.
ARTICLE 3
SCOPE OF SERVICES
3.1 The Scope of Services required to be performed by CONSULTANT shall be
identified under one of the following procedures:
a. GENERAL ART CONSULTING ASSISTANCE for specific "day-to-day"
work Tasks as requested by CITY and agreed to by CONSULTANT.
b. Professional Services for a PROJECT as set forth in a WORK
AUTHORIZATION. CONSULTANT shall provide all services as set forth
in the WORK AUTHORIZATION including, without limitations, all
necessary, incidental and related activities and services required.
3.2 CONSULTANT and CITY acknowledge that a WORK AUTHORIZATION does not
delineate every detail and minor work Task required to be performed by
CONSULTANT to complete a PROJECT. If, during the course of the
performance of a WORK AUTHORIZATION, CONSULTANT determines that it
should perform work to complete a PROJECT which is outside the level of effort
originally anticipated, CONSULTANT will notify CONTRACT ADMINISTRATOR in
writing in a timely manner before proceeding with the work. If CONSULTANT
proceeds with said work without notifying CONTRACT ADMINISTRATOR as
provided in Article 6, said work shall be deemed to be within the original level of
effort, whether or not specifically addressed in the WORK AUTHORIZATION.
Notice to CONTRACT ADMINISTRATOR does not constitute authorization or
approval by CITY. Performance of work by CONSULTANT outside the originally
anticipated level of effort without prior written CITY approval is at
CONSULTANT's sole risk and no additional compensation shall be payable.
ARTICLE 4
TIME OF PERFORMANCE
4,! In the event CONSULTANT is unable to complete performance of services
because of delays resulting from untimely review and approval by governmental
authorities having jurisdiction over a PROJECT, and such delays are not the
fault of CONSULTANT, CITY shall grant a reasonable extension of time for
4
completing the work. It shall be the responsibility of CONSULTANT to notify
the CONTRACT ADMINISTRATOR promptly in writing whenever a delay is
anticipated or experienced, and to inform the CONTRACT ADMINISTRATOR
of all facts and details related to the delay.
4.2 The CONSULTANT shall make every reasonable effort to respond within two
(2) hours to requests, but under no circumstances, shall response time exceed
four (4) hours, unless otherwise approved by the CONTRACT
ADMINISTRATOR.
4.3 CONSULTANT shall provide CITY with a current up-to-date phone contact list
of personnel at all times.
ARTICLE 5
COMPENSATION AND PAYMENT
5.1 CITY agrees to pay CONSULTANT as compensation for performance of all
approved GENERAL ART CONSULTING ASSISTANCE services required
under the terms of this Agreement at those BILLING RATES described in
Article 1.8 and to reimburse CONSULTANT for REIMBURSABLES as
described in Article 1.7, plus subcontractor fees pursuant to paragraph 5.6 for
approved GENERAL ART CONSULTING ASSISTANCE service. The BILLING
RATES payable by CITY for each CONSULTANT's employee categories is
shown on Exhibit "A". Total compensation for a specific work task under
GENERAL ART CONSULTING ASSISTANCE shall not exceed Fifteen
Thousand Dollars ($15,000.00).
5.2 CITY agrees to pay CONSULTANT as compensation for performance of all
services as related to a WORK AUTHORIZATION required under the terms of
this Agreement at those BILLING RATES described in Article 1.7 plus
subcontractor fees pursuant to paragraph 5.6, up to the guaranteed maximum
payment to be negotiated and stated in the WORK AUTHORIZATION and to
reimburse CONSULTANT for REIMBURSABLES as described in Article 1.6 up
to the guaranteed maximum payments to be negotiated in the WORK
AUTHORIZATION, for a total guaranteed maximum stated in the WORK
AUTHORIZATION. It is understood that the method of compensation is that of
"guaranteed maximum" which means that CONSULTANT shall perform all
services set forth for total compensation in the amount of or less than that
stated in the WORK AUTHORIZATION. The BILLING RATES payable by
CITY for each Consultant's employee categories is shown on Exhibit "A".
5.3 CONSULTANT shall submit billings that are identified by the specific Task
authorized under GENERAL ART CONSULTING ASSISTANCE on a monthly
basis in a timely manner for all LABOR and REIMBURSABLES attributable to
the Task. These billings shall identify the nature of the work performed, the
total hours of work performed and the employee category of the individuals
performing same. Billings shall itemize REIMBURSABLES by category and
identify same as to the work personnel incurring the expense and the nature of
the work with which such expense was associated. Where prior written
approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES,
a copy of said approval shall accompany the billing for such
REIMBURSABLES. Copies of invoices must document external
REIMBURSABLES and subcontractor fees or receipts that describe the nature
of the expenses and contain a project number or other identifier that clearly
indicates the expense is identifiable to a Task.
5.4 CONSULTANT shall submit billings that are identified by the specific PROJECT
and WORK AUTHORIZATION number on a monthly basis in a timely manner
for all LABOR and REIMBURSABLES attributable to a PROJECT. These
billings shall identify the nature of the work performed, the total hours of work
performed and the employee category of the individuals performing same.
Billings shall itemize REIMBURSABLES by category and identify same as to
the work personnel incurring the expense and the nature of the work with which
such expense was associated. Where prior written approval by CONTRACT
ADMINISTRATOR is required for REIMBURSABLES, a copy of said approval
shall accompany the billing for such REIMBURSABLES. The statement shall
show a summary of LABOR COSTS and REIMBURSABLES with accrual of the
total and credits for portions paid previously. Copies of invoices must
document external REIMBURSABLES and subcontractor fees or receipts that
describe the nature of the expenses and contain a project number or other
identifier that clearly indicates the expense is identifiable to a PROJECT.
Appropriate CONSULTANT's cost accounting forms with a summary of charges
must document internal expenses by category. When requested,
CONSULTANT shall provide backup for past and current invoices that records
hours and hourly rates by employee categories, REIMBURSABLES by category
and subcontractor fees on a Task basis, so that total hours and cost by Task
may be determined.
5.5 Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the
CONTRACT ADMINISTRATOR's option, the contract method of payment may
be a lump sum amount for a specific, detailed scope of services. For lump sum
contracts, CONSULTANT shall invoice based upon percentage of work
complete. Supporting information shall be provided to document the estimate
of completion percentage.
5.6 CONSULTANT shall bill identifiable subcontractor fees at the actual fees paid
by CONSULTANT.
5.7 CITY agrees that it will use its best efforts to pay CONSULTANT within thirty
(30) calendar days of receipt of CONSULTANT's proper statement as provided
above. The parties shall comply with section 218.70, F.S., et seq. the Prompt
Payment Act.
6
5.8 Payment will be made to CONSULTANT at:
ART & CULTURE GROUP, Inc.
1280 N. Congress Avenue
Suite 206
West Palm Beach, Florida 33409
ARTICLE 6
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
6.1 Services related to an GENERAL ART CONSULTING ASSISTANCE Task
which would increase, decrease or which are outside the level of effort agreed
upon by CITY and CONSULTANT shall be services for which CONSULTANT
must obtain prior written approval of CITY before compensation can be paid.
8.2 Services related to a WORK AUTHORIZATION which would increase,
decrease or which are otherwise outside the Scope of Services or level of effort
contemplated by a WORK AUTHORIZATION shall be services for which
CONSULTANT must obtain the prior written approval from CITY before
compensation can be paid. All terms for the performance of such services
must be agreed upon in writing in a document of equal dignity herewith prior to
any deviation from the terms of a WORK AUTHORIZATION, and when properly
executed shall become an Amendment to the WORK AUTHORIZATION.
ARTICLE 7
CITY'S RESPONSlBILITES
7.1 CITY shall assist CONSULTANT by placing at CONSULTANT's disposal all
information it has available pertinent to the PROJECT including previous
reports and any other data relative to a PROJECT. It shall be CONSULTANT's
sole responsibility to physically retrieve said information.
7.2 CITY shall arrange for access to make all provisions for CONSULTANT to enter
upon public and private property as reasonably required for CONSULTANT to
perform its services under this Agreement.
ARTICLE 8
MISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings,
specifications, designs, design calculations, details, models, photographs,
reports, surveys and other documents, plans and data that result from
CONSULTANT's services under this Agreement or that is provided in
7
connection with this Agreement shall become and shall remain the property of
CITY. Copies of all software files shall be provided to CITY. CONSULTANT
shall be entitled to keep a copy of such items for record purposes
8.2 TERMINATION: This Agreement may be terminated by CONSULTANT or by
CITY for any reason with or without cause, upon thirty (30) days written notice
from the terminating party to the other party. In the event of such termination,
CONSULTANT shall be paid its compensation for services performed to
termination date, including all REIMBURSABLES then due or incurred to
termination date. All finished or unfinished sketches, tracings, drawings,
specifications, design, design calculations, details models, photographs,
reports, surveys and other documents, plans and data that result from
CONSULTANT's services under this Agreement shall become and shall remain
the property of CITY and shall be delivered by CONSULTANT to CITY.
8.3 RECORDS: CONSULTANT shall keep such records and accounts and require
any and all consultants and subcontractors to keep records and accounts as
may be necessary in order to record complete and correct entries as to
personnel hours charged to the PROJECT and any expenses for which
CONSULTANT expects to be reimbursed. Such books and records will be
available at all reasonable times for examination and audit by CITY and shall
be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this agreement. Incomplete or incorrect entries in such
books and records will be grounds for CITY's disallowance of any fees or
expenses based upon such entries.
8.4 EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin or disability
and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color,
religion, sex, age, disability or national origin. This provision shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
CONSULTANT agrees to furnish CITY with a copy of its Affirmative Action
Policy, if requested.
8.5 NO CONTINGENT FEES: CONSULTANT warrants that it has not employed or
retained any company or person, other than a bona fide employee working
solely for CONSULTANT, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or
violation of this provision, CITY shall have the right to terminate the Agreement
8
without liability, and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
8.6 SUBCONTRACTORS: In the event CONSULTANT, during the term of this
Agreement, requires the services of any subcontractors, or other professional
associates in connection with services covered by this Agreement,
CONSULTANT must secure the prior written approval of the CONTRACT
ADMINISTRATOR. As part of the approval process, CITY shall require
subcontractor to comply with the terms of this Agreement, specifically but
without limitations, the requirements of this Article 8. CONSULTANT shall be
responsible for obtaining releases from subcontractors at the time the
subcontractors are paid.
8.7 ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered by CONSULTANT, under any
circumstances, without the prior written consent of CITY. Said consent shall be
at CITY's sole discretion and may be unreasonably withheld. This Agreement
shall terminate in the event that CONSULTANT'S corporation is merged with or
otherwise acquired by another firm, company or corporation, or significantly
changes or ceases business operations in any way.
8.8 INDEMNIFICATION OF CITY:
a. CONSULTANT shall indemnify, and save harmless CITY, its agents,
servants and employees from and against any suits, expenses, damages,
costs, claims, demands and/or causes of action of whatever kind or nature
arising out of error, omission or negligent act of CONSULTANT, its agents,
servants or employees in the performance of services under this
Agreement.
b. CONSULTANT further agrees to indemnify and save harmless CITY, its
agents, servants and employees from and against any claim, demand or
cause of action of whatever kind or nature arising out of any conduct or
misconduct of CONSULTANT not included in the above paragraph.
8.9 INSURANCE: CONSULTANT shall provide, pay for and maintain in force at ail
times during the services to be performed, such insurance, including Workers'
Compensation Insurance, Employer's Liability Insurance, Business Automobile
Liability Insurance, as set forth below.
United States Treasury approved companies authorized to do business in the
State of Florida, and having agents upon whom service of process may be
made in the State of Florida shall issue such policy or policies. CONSULTANT
shall specifically protect CITY by naming CITY and CITY's officers, agents and
employees as additional insured under the Comprehensive General Liability
9
Insurance Policy, and Business Automobile Liability Insurance Policy,
hereinafter described.
All policies shall provide for a Notice of Cancellation and/or Restriction: The
policy(ies) must be endorsed to provide CITY with thirty (30) days advance
notice of cancellation and/or restriction.
a. Worker's Compensation Insurance to apply to all employees in compliance with
the Worker's Compensation Law of the State of Florida and all applicable
federal laws.
b. Comprehensive General Liability Insurance with minimum limits of Three
Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit
for Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
Premises and/or Operations.
Independent Contractors.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability. CITY and CITY's
officers, agents and employees are to be named as additional insureds
with respect to liability arising out of operations performed for CITY by or
on behalf of CONSULTANT in connection with such operation.
c. Business Automobile Liability Insurance with minimum limits of Two Hundred
Thousand Dollars ($200,000.00) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
CITY and CITY's officers, agents and employees are to be named as
additional insureds with respect to liability arising out of operations
performed for CITY by or on behalf of CONSULTANT in connection with
such operation.
d. CONSULTANT shall provide CITY a Certificate of Insurance or a copy of all
insurance policies required by Section 8.9 including any subsection there
under. CITY reserves the right to require a certified copy of such policies upon
10
request. All endorsements and certificates shall state that CITY shall be given
thirty (30) days notice prior to expiration, cancellation or restriction of the
policy.
8.10 REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that
questions in the day-to-day conduct of a PROJECT will arise.
a. The CONTRACT ADMINISTRATOR, upon request by CONSULTANT
shall designate in writing and shall advise CONSULTANT in writing of
one or more CITY employees to whom all communications pertaining to
the day-to-day conduct of PROJECT shall be addressed.
b. CONSULTANT shall inform CONTRACT ADMINISTRATOR in writing of
the representative of CONSULTANT to whom matters involving the
conduct of PROJECT shall be addressed. CONSULTANT shall, at all
times during this Agreement, have available for consultation or
otherwise, an employee who shall be familiar with all work contemplated
under this Agreement.
8.11 ATTORNEY'S FEES: If CITY institutes any legal action to enforce any provision
of this Agreement, then CITY shall be entitled to reimbursement from
CONSULTANT for all costs and expenses, including reasonable attorney's fees
incurred by CITY, provided that CITY is the prevailing party in such legal action,
and provided further that CITY shall make application to the court or other
tribunal, for an award of such costs and expenses. This provision is supported
by other covenants of this Agreement.
8.12 ALL PRIOR AGREEMENTS SUPERSEDED: This document incorporates and
includes all prior negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the
subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or
written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity
herewith.
8.13 NOTICES: Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by certified United States mail, with return
receipt requested, addressed to the party for whom it is intended, at the place
last specified, and the place for giving notice in compliance with the provisions
of this paragraph. For the present, the parties designate the following as the
respective places for giving notice, to wit:
11
FOR CITY: FOR CONSULTANT:
Eric M. Soroka Lucy M. F. Keshavarz
City Manager President
City of Aventura Art & Culture Group, Inc.
2999 N.E. 191st Street 1280 N. Congress Avenue
Suite 500 Suite 206
Aventura, Florida 33180 West Palm Beach, FL 33409
8.14 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature on this Agreement by
CONSULTANT shall act as the execution of a truth-in-negotiation certificate
stating that wage rates and other factual unit costs supporting the compensation
of this Agreement are accurate, complete, and current at the time of contracting.
The original contract price and any additions thereto shall be adjusted to
exclude any significant sums by which CITY determines the contract price was
increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such contract adjustments shall be made within one year
following the end of this Agreement.
a. NON-EXCLUSIVE AGREEMENT: The services to be provided by
CONSULTANT pursuant to this Agreement shall be non-exclusive and
nothing herein shall preclude CITY from engaging other firms to perform
the same or similar services for the benefit of CITY within CITY's sole
and absolute discretion.
8.15 WARRANTIES OF CONSULTANT: CONSULTANT hereby warrants and
represents as follows:
a. At all times during the term of this Agreement, CONSULTANT shall
maintain in good standing all required licenses, certifications and permits
required under federal, state and local laws necessary for the
performance under this Agreement.
b. At all times during this Agreement, CONSULTANT shall perform its
obligations in a prompt, professional and businesslike manner.
8.16 GOVERNING LAW: This Agreement shall be construed in accordance with the
laws of the State of Florida. Venue for any action shall be in Miami-Dade
County, Florida.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
12
b. At all times during this Agreement, CONSULTANT shall perform its
obligations in a prompt, professional and businesslike manner.
8.16 GOVERNING LAW: This Agreement shall be construed in accordance with the
laws of the State of Florida. Venue for any action shall be in Miami-Dade
County, Florida.
IN WITNESS THEREOF, the parties hereto have made and executed this Agreement
on the date first indicated above.
CITY OF AVENTURA, FLORIDA
BY:
Eric M Soroka
City Manager
ATTEST:
Teresa M Soreka, CMC
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
Weiss Serota Helfman Pastoriza and Guedes, P.A.
S i ·
/ Lucy M.LK'es-~av~rz~
/ President
? Art & Culture Group, Inc.
13
~x .T_BI'~ A
FEE SCHEDULE
ART & CULTURE GROUP, INC.
Effective January 2001
Principal Art & Cultural Consultant $85.00 per hour
In house black and white copies
up to 1 I" x 17" sheet of paper $ 0.05 per copy
art & cultural
programming
design and
consulting
Lucy M.F. Keshavarz
President/Artist
1280 N. Congress Avenue
Seite 206
West Palm Beach
Florida 33409
phaae (501)687-9092
fax (561)68¢7476
emaiJ: Jucyac§@excile cam
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, Citv~la~a!
DATE: February 6, 2001 (~
SUBJECT: Resolution Declaring Equipment Surplus
March 13, 2001 City Commission Meeting Agenda Item r~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property in the Police Department as surplus to the needs of the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cc0954-01
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Tom Ribel, Chief of Police
DATE: 23 January 2001
SUBJECT: Surplus Property
The below listed vehicle became property of the City of Aventura via the civil
Forfeiture process:
Estimated
Make Year VIN Number City Vehicle tf Value
Land Rover 1996 SALPV1241TA335801 F964 $14,000.00
The below listed vehicles are the property of the City of Aventura and were
initially purchased with City funds:
Estimated
Make Year VIN Number City Vehicle If Value
Ford 1996 2FALP71W4TX156879 3605 $3,000.00
Ford 1996 2FALP71WTTX156875 3608 (K9) $6,000.00
Ford 1996 2FALP71WOTX156880 3621 $6,000.00
Ford 1996 2FALP71W3TX139510 3624 (K9) $6,000.00
I would like to have these vehicles declared Surplus Property as per City of
Aventura APDP, Chapter 6, Subsection 5, Page 1, as these vehicles have
become inadequate for public purposes.
I would ike to dispose of these vehicles either through a public auction, sale or
trade in to a licensed automotive dealer.
RESOLUTION NO. 2001-__
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.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section I. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale or trade-in.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
SectionS. 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 13th day of March, 2001.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Exhibit "A"
Police Forfeiture Fund
Estimated
Make Year VIN Number City Vehicle fi Value
Land Rover 1996 SALPV1241TA335801 F964 $14,000.00
General Fund - Police Department
Estimated
Make Year VIN Number City Vehicle # Value
Ford 1996 2FALP71W4TX156879 3605 $3,000.00
Ford 1996 2FALP71W7TX156875 3608 (K9) $6,000.00
Ford 1996 2FALP71WOTX156880 3621 $6,000.00
Ford 1996 2FALP71W3TX139510 3624 (K9) $6,000.00
CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City M~aTn.~erk~.
BY: Teresa M. Soroka, CM~, ~¢k i
DATE: March 8, 2001
SUBJECT: Resolution Concerning Election of March 6, 2001
March 13, 2001 City Commission Agenda Item 7-F
Recommendation
It is recommended that the City Commission adopt the attached resolution concerning
the municipal election of March 6, 2001.
Back.qround
Pursuant to Section 26-1 of the Aventura City Code, the City Clerk shall present a
certification of election results to the City Commission for adoption by resolution. The
attached resolution submitted for your consideration declares qualifying unopposed
candidates elected to office without necessity of further conduct of election process and
certifies the results of the election for Commission Seat 2.
Should you have any questions, please call me.
EMS/tms
attachment
RESOLUTION NO. 2001-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA CONCERNING THE CITY
ELECTION OF MARCH 6, 2001, DECLARING
QUALIFYING UNOPPOSED CANDIDATES ELECTED TO
OFFICE OF COMMISSIONER FOR SEATS 4 AND 6 AND
OFFICE OF THE MAYOR WITHOUT NECESSITY FOR
FURTHER CONDUCT OF ELECTION PROCESS;
ACCEPTING AND ADOPTING THE MARCH 6, 2001
ELECTION RESULTS FOR COMMISSION SEAT 2, AS
CERTIFIED BY THE CITY CLERK AND ATTACHED
HERETO; PROVIDING AN EFFECTIVE DATE.
WHEREAS, only one candidate has qualified to run for each of the offices of
Commission Seat 4, Commission Seat 6 and Office of the Mayor, and each of said
candidates is unopposed and is deemed elected by operation of law; and
WHEREAS, three candidates qualified to run for the office of Commission Seat 2
and an election was held on March 6, 2001; and
WHEREAS, pursuant to City Code Section 26-1, the City Clerk has canvassed
the election returns and presents a certification of election results to the City
Commission for its adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA; THAT
Section 1. The above recitals are hereby confirmed and incorporated herein.
Section 2. The following persons, each being unopposed as the sole
qualifyin9 candidate for the respective office indicated, are hereby declared to be
elected to such office for a four-year term commencing on March 21,2001:
Resolution No. 2001-
Page 2
MAYOR
Jeffrey M. Perlow
COMMISSION SEAT 4
Jay R. Beskin
COMMISSION SEAT 6
Ken Cohen
Section 3. That Commission Seat 2 Candidate, Manny Grossman, received
more than 50% of the total number of ballots cast for Seat 2, and is hereby declared
elected to such office for a four-year term commencing on March 21, 2001.
Section 4. This Commission does hereby declare that Jeffrey M. Perlow shall
hold office as Mayor until the third day next following the third Tuesday in March 2005,
to-wit: March 18, 2005.
Section 5. This Commission does hereby declare that Manny Grossman shall
hold office as Commissioner Seat 2 until the third day next following the third Tuesday
in March 2005, to-wit: March 18, 2005.
Section 6. This Commission does hereby declare that Jay R. Beskin shall hold
office as Commissioner Seat 4 until the third day next following the third Tuesday in
March 2005, to-wit: March 18, 2005.
Section 7. This Commission does hereby declare that Ken Cohen shall hold
office as Commissioner Seat 6 until the third day next following the third Tuesday in
March 2005, to-wit: March 18, 2005.
Resolution No. 2001-
Page 3
Section 8. The results of the election process, as certified by the City Clerk,
are hereby adopted.
Section 9. 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
PASSED AND ADOPTED this 13th day of March, 2001.
ARTHUR I. S/NYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
CUI'qULATIVE ~:!. CITY OF' AVEN'TL,IRA Page
08:09pm Mar 6 2.001 GE]'.IE:F~'.AL. E]..,I::CT]:OIq
MARCH 6, 2001
C]:TY OF:' AVI::I'I'I"/.)RA
l::'r'e c:i.r~ c ts Counted 6 100.00%
Al:)::sentee F:'rec:i. ncts Counted 1 :1.00.00%
~a ]. :1. o ts Cas t 2,020 14 ,, 99%
Manny (:.:h"ossmar: ( 060 ) 1,03;4 51 ,, 19%
Matthew C. Kotzen (061) 565 :1.8,, 07;'I
Mar:Lan N(::,s bi t t (062) 600 29.702:
Ove rvo res 9 0.45%
l Jrt (:1 (.:.) rvo 'Les :I. 2 0 ,,
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
To: City Commission J~' ~,~
A
From: Eric M. Soroka, Ci~?~iag,er
By: Nancy E. Stroud, Esq.: "
Weiss Serota Helfman Pastoriz_a~& Guedes, P.A.
Date: February 23, 2001
Re: Proposed Amended Quasi-Judicial Procedures
First Reading March 13, 2001 City Commission Meeting Agenda Item No. ~
Second Reading April 3, 2001 City Commission Meeting Agenda Item No.
RECOMMENDATION
It is recommended that the City Commission adopt amendments to Article II
"Quasi-Judicial Matters" of Chapter 34 "Planning and Zoning" of the City Code.
These changes will update the existing code provisions to accord with the latest case
law and statutory changes.
A redlined version of the new quasi-judicial code provisions are attached so that the
Commission can more clearly see the proposed additions and deletions.
REDLINED VERSION OF CHANGES TO QUASI- JUDICIAL ORDINANCE
FOR THE CITY OF AVENTURA
This document shows the changes to the existing code related to quasi-judicial
procedures. Changes are shown in strike tk~rcugh (deletions) and underline (additions).
ARTICLE II. QUASI - JUDICIAL MATTERS
Section 34-31. Intent.
The intent of this ordinance is to establish procedures to ensure procedural due
process and maintain citizen access to the local government decision-making process
for the review of development orders requiring quasiqudicial hearings. These
procedures shall be applied and interpreted in a manner recognizing both the
legislative and iudicial aspects of the local government decision-making process in
quasi-iudicial hearings. The,; shall only appt¥ to the hearings held by the board with
the authority to make the final decision in regard to the development order.
Section 34-32. Applicability,.
Except as ma,/otherwise be provided b,/statute or ordinance, these procedures shall
apply to all applications for site-specific rezonings, special exceptions, conditional
use approvals, variances, plats, and an,/ other land use proceeding in which the
Commission acts in a quasi-judicial capacit,/.
Section 34-33. Definitions.
(1) Application shall mean an application for any one of the following permits:
(a) Variances.
(b) Conditional use approvals.
(c) Plat approvals.
(d) Site-specific rezonings.
(e) Special exceptions.
(fl Any other site specific development approval determined to be quasi-judicial
b`/the cit`/attorney.
(2.) Applicant shall mean the owner of record, the owner's agent, or any person with a
legal or equitable interest in the property for which an application for a development
order has been made and which is subject to quasi iudicial proceedings, and shall mean
the Staff when the Application is initiated b,/the Cit,/.
(3) Commission shall mean the City of Aventura City Commission.
(4) Commissioner shall mean a City Commissioner.
(5) Competent substantial evidence shall mean testimony or other evidence based on
personal observation, or fact or opinion evidence offered by an expert on a matter that
requires specialized knowledge, that is relevant to the issue to be decided. Competent
substantial evidence is evidence a reasonable mind could accept as adequate to
support a conclusion.
(6) Comprehensive plan shall mean the City Comprehensive Plan which has been
adopted pursuant to Part II, Chapter 163, Florida Statutes.
(7) Development Order shall mean the written decision of the Board regarding an
Application considered under quasi-judicial proceedings pursuant to this Article II, and
shall include a letter from the Director of the Community Development Department
memorializing a decision of denial from the Commission.
(8) Ex-parte communication shall mean any written, oral, or graphic communication
with a Commissioner which may relate to or which could influence the disposition of
an Application, other than those made on the record during a quasi-judicial hearing.
This term also includes visiting the site of the Application, receipt of expert opinions,
and any independent investigations by a Commissioner.
(9) Expert shall mean a person who is qualified in a subject matter by knowledge,
skill, experience, training, or education.
(10) Material fact shall mean a fact that bears a logical relationship to one (1) or more
issues raised by the Application or the laws and regulations pertaining to the matter
requested by the Application.
(11) Participants shall mean members of the general public, other than the Applicant,
including experts and representatives of local governments and governmental
agencies, who offer testimony at a quasi-judicial heating for the purpose of being
heard on an Application.
(12) Party shall mean the Applicant, the City Staff, and any person recognized by the
Commission as a qualified Intervenor.
(13) Ouasi-[udicial proceeding shall mean a hearing held by the Commission to
adiudicate the private rights of an Applicant by means of a heating which comports
with these regulations and due process requirements.
(14) Relevant evidence shall mean evidence which tends to prove or disprove a fact
that is material to the determination of the Application.
First hearing redline exhibit 2
(15) Staff shall mean members of the City staff.
Sec. 34-3t4. Ex-parte eCommunications
(1) This section is adopted to follow the disclosure processes of Section 286.0115(1),
Florida Statutes (2000), and shall be construed so as to be consistent therewith.
(2) Any Commissioner may choose to discuss the merits of any matter of which
action ma,/be taken by the Commission with any person not otherwise prohibited by
statute, charter provision, or ordinance if the Commissioner complies with the
procedures of this Section 34-34.
(3) Compliance with the procedures of this Section 4 shall remove the presumption of
preiudice arising from ex-parte communication with any Commissioner:
tf~a_) Oral communications. The subiect ~-~ ~"~- ...... of any cxv .... the
quas~-j ...........................w**~,-~ ..~ ~..~,~., ~o ~d the identity of the
person, ~oup or entity with whom the co~ication took place, shall be
disclosed ~d made a p~ of the record before final action ia .....................
on the Application. At ~e quasi-judicial hearing ~e person or persons responsible
for the ex-pane co~unication, ~y P~ to the he~ng ~d ~y Pmicip~t shall
have ~e oppomiW to contest ~e accuracy of the ma~ers disclosed.
..... written coruscation ....... ~ ~ ...... , ......... , ..........
macocr related to ~ Applicaion pending before ~e Co~ission shall be
founded to the appropriate staff for inclusion in the official file for the
Application, ~d shall be disclosed on the record before final action on the
matter. It shall be the responsibiliW of~e Applic~t to review the official file
First heating redline exhibit 3
periodically to determine whether written ex-parte communications have been
placed in the official file.
(~c) Investigations and Site Visits.
Commissioners may conduct investigations and make site visits and receive
expert opinions regarding quasi-judicial action pending before him them.
~,l~ .... v ........ Such activities shall not be presumed prejudicial to the action if
the existence and subiect matter of the investigations, site visits, or expert
opinions is made a part of the record before final action is taken on the matter and
an opportunity for the Parties and Participants to respond is provided prior to or at
the heating.
(4/ Commissioners must make Ddisclosures
...... ......t .............
,,,,~--~ ~ ,,,~ ~';,,,,o ..... o~,,o,,: ....... ,,.,,,, bc madc before or during the public meeting at which a vote
:- *~ ............... :~+: ...... : ............ ~"^ the Application to afford persons a
reasonable opportunity to refute or respond to the communication.
Section 34-35. General procedures.
(1) Each Party shall have the right to call and examine witnesses, to introduce
exhibits, to cross-examine opposing witnesses on any relevant matter (subiect to the
roles contained herein), and to rebut evidence.
(2) Staff shall have the responsibility of presenting the case on behalf of the City.
The StaffReport on the Application shall be made available to the Applicant and the
Commission no later than twenty-four (24) hours prior to the quasi-judicial hearing
on the Application.
(3) All written communication received by Commissioners or Staff concerning an
Application, the Staff Report on the Application, any petitions or other submissions
from the public, and all other documents pertaining to the Application upon receipt
shall be filed in the official file for the Application, which shall be maintained by
Staff. The Comprehensive Plan and the City Code of Ordinances shall be deemed to
be part of the official file. The official file shall be available for inspection during
normal business hours.
(4) The printed agenda for the meeting at which the quasi-iudicial hearing is
scheduled to take place shall briefly explain the procedures and nature of the quasi-
judicial hearing.
Sec. 34-3!_6. Hearing procedures.
First hearing redline exhibit 4
c. Co ...... )~ .....
(1) The he'rtl shall, to the extent possible, be conducted as follows:
First hearing redline exhibit 5
4-:. Lg) The Chair Mayor or City Attorney shall read a prclim~nary statement oncc
at the beginning of the quasi-judicial public heating portion of the agenda, which
shall outline the procedure to be followed. A copy of this Ordinance shall be
made available at the hearing ............ v ........ s ........... , ....
~. (b) The aApplicant, --';* ......
........... , ,~./ sStaff and all pParticipants
requesting to speak shall be collectively sworn by oath or affirmation.
d ' fth C't3 \tt y Th Appl' '
.......... 2 ................... a wcc o c ~ ome e ~cant may waive
its right to an evidentiarv hearing if it agrees with the Staff recommendation and
no one from the audience wishes to speak for or against the Application. The
Commission may then vote on the item, based upon the Staff Report and any
other materials entered by Staff from the official file into the record of the
hearing.
(d) If there is an evidentiary hearing, the order of the presentation shall be as
follows, unless the Commission agrees to a different order, taking proper
consideration of fairness and due process:
4:.i. The City s_Staff shall present : ........ ~-- :*: ...... :~
and ha','¢ it made 9a,~ c,f *J',¢ record, a brief synopsis of the
Application; introduce any appropriate additional exhibits from the
official file which have not akeady been transmitted to the
Commission with the agenda materials, as Staff desires; stmunarize
issues; and make a recommendation on the Application. Staff shall
also introduce any witnesses that it wishes to provide testimony at the
hearing.
~. ii_. The aA__pplicant shall make its _presentation, including offering any
exhibits fi.om the official file, and introduce any witnesses as it desires, i-ts
6. iii__:. Participants in support of the aA~pplication shall make their
% iv. Participants in The opposition to the Application shall make their
presentations, have '~-~ -'~" ' ........... :-~ :~'~:":~-~ .... ~
may cross-examine any witnesses and respond to any testimony presented.
If any witness is tmavallable at the hearing to be cross-examined, his
testimony shall be disregarded.
First hearing redline exhibit 6
~. vi. Pm~icipant~ in opposition to thc application shall prcscnt thcir
testimony and cvidcncc. The Applicant may cross-examine any witnesses
and respond to any testimony presented. If any witness is unavailable at
the he~ing to be cross-examined, his testimony shall be disresarded.
vii. The Mayor may choose to allow P~xticipants to respond to :my
testimony if the Mayor deems the response to be necessar~ to ensure
fairness and due process.
viii. The Commission may ask any questions of the Staff, Applicant
and Participants.
ix. Final argument may be made by the Staff, related solely to the
evidence in the record.
x. Final argument may be made by the Applicant, related solely to
evidence in the record.
xi. A qualified intervenor may make a presentation, conduct cross-
examination and make final arguments in the order as decided by the
Commission.
(e) The Mayor shall keep order, and without requiring an objection, may
direct a Party conducting the cross-examination to stop a particular line of
questioning that merely harasses, intimidates or embarrasses the individual
being cross-examined, is unduly repetitious, not relevant or beyond the
scope of the testimony by the individual being cross-examined. If the Party
conducting the cross-examination continuously violates directions from the
Mayor to end a line of questioning deemed irrelevant and merely designed
to harass, intimidate or embarrass the individual, the Mayor may terminate
the cross-examination.
(f) After the presentations, and at the conclusion of any continuances, the
Commission shall deliberate on the Application. Once the Commission
begins its deliberations, no further presentations or testimony shall be
permitted except in the sole discretion of the Commission. The
Commission's decisions must be based upon competent substantial evidence
in the record.
(2) The Commission may, on its own motion or at the request of any person,
continue the heating to a fixed date, time, and place. The Applicant shall have the
right to one (1) continuance; however, all subsequent continuances shall be granted at
the sole discretion of the Commission.
(3) The Applicant may withdraw an Application by requesting such withdrawal in
writing. If an Application is withdrawn, that Application or any similar Application
for the same site shall not be accepted for review for a period of one (1) year.
First hearing redline exhibit 7
Section 34-37. Rules of Evidence.
(1) The Commission shall not be bound by the strict rules of evidence, or limited only
to consideration of evidence which would be admissible in a court of law.
(2) The Commission may exclude evidence or testimony which is not relevant,
mater/al, or competent, or testimony which is unduly repetitious or defamatory.
(3) The Commission will determine the relevancy of evidence.
(4) Matters relating to an Application's consistency with the City Comprehensive Plan
or Land Development Regulations will be presumed to be relevant and material.
(5) Hearsay evidence may be used for the purpose of supplementing or explaining
other evidence, but it shall not be sufficient by itself to support a finding unless it
would be admissible over objection in a court.
(6) Documentary evidence may be presented in the form of a cop,/of the original, if
available. A copy shall be made available to the Commission and to the Staff no later
than two da,/s prior to the hearing on the Application. Upon request, the Applicant
and Staff shall be given an opportunity to compare the copy with the original.
Oversized exhibits shall be copied and reduced for convenient record storage.
(7) Only the Applicant, Staff and the Commission shall be entitled to conduct cross-
examination when testimony is given or documents are made a part of the record.
(8) The City Attorney shall represent the Commission and advise the Commission as
to the procedures to be followed and the propriety and admissibility of evidence
presented at the heating.
(9) The Commission shall take iudicial notice of all state and local laws, ordinances
and regulations and may take judicial notice of such other matters as are generall,/
recognized by the courts of the State of Florida.
(10) Supplementing the record after the quasi-iudicial heating is prohibited, unless
specifically authorized by an affirmative vote of the Commission under the following
conditions:
(a) The supplementation occurs after a quasi-iudicial heating is continued
but prior to final action being taken on the Application.
(b) If a question is raised b¥ the Commission at the heating which cannot
be answered at the hearing, the Party to whom the question is directed may
submit the requested information in writing to the Commission after the quasi-
First hearing redline exhibit 8
judiciaI heating, with copies to the other parties, provided the heating has
been continued or another hearing has been scheduled for a future date and no
final action has been taken by the Commission. The information requested
will be presented to the Commission at the time of the continued heating.
(c) All Parties and Participants shall have the same right with respect to
the additional information as they had for evidence presented at the heating.
Section 34-38. Final Decision by the Commission.
The Commission shall reach a decision without unreasonable or unnecessary delay,
which shall be adopted by theis Commission in writing and dated as of the date issued
and shall indicate the date filed in the City Clerk's office. A, r,~.~ ...... ,~-~
~a:',:cd. Notification of the Commission's Development Order shall be provided to
the Applicant by certified mail, and made available to any person who requests a
copy from the City Clerk.
Section 34-39. The Record.
All evidence admitted into the record at the hearing, and the adopted Development
Order of the Commission, shall be maintained by the City Clerk for a period of at
least 45 days from issuance of the Development Order.
Sec. 34-3340. Public statements by Commissioners.
(1) The Mayor and CommissiOners shall each avoid publicly expressing their intention,
either directly or indirectly, to vote for or against a pending quasi~ judicial matter or
working to influence public opinion upon a pending quasi- judicial matter, prior to
hearing held pursuant to City Code section 34-32. A quasi- judicial matter is pending
when an application has been filed pursuant to City Code section 34-32.
(2) The failure to comply with the restriction provided in paragraph (a) of this section
shall not invalidate any action or decision of the City Commission so long as the decision
or action of the City Commission is supported by competent substantial evidence of
record as required by law.
(3) Any members of the City Commission violating the standard of conduct set forth
above shall be subject to public censure by the City Commission, subject to rules adopted
by the City Commission providing the accused Commissioner with a fair hearing,
including an opportunity to be heard. The Commission reserves the right, by subsequent
ordinance to prospectively implement other sanctions, in the event that the sanction
provided for above is not effective in implementing the purposes of this section.
First hearing redline exhibit 9
ORDINANCE NO. 2001 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER
34 "PLANNING AND ZONING", AMENDING ARTICLE II
"QUASI-JUDICIAL MATTERS" TO REPEAL 34-31 "EX
PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS,"
SECTION 34-32 "HEARING PROCEDURES," AND SECTION
34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" AND
REPLACE THEM WITH NEW SECTIONS 34-31 THROUGH
34-39 REGARDING QUASI-JUDICIAL DEVELOPMENT
ORDERS; RENUMBERING EXISTING SECTION 34-33
"PUBLIC STATEMENTS BY COMMISSIONERS" TO
BECOME SECTION 34-40; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission finds that it is appropriate to amend the City's zoning
regulations so as to expand and amend the City's provisions for quasi-judicial decision making
on development orders; and
WHEREAS, in accordance with Section 34-1 of the City Code, the City Commission has
been designated as the local planning agency for the City pursuant to Section 163.3174, Florida
Statutes; and
WHEREAS, the City Commission has reviewed this ordinance and has determined that
the regulations provided herein are consistent with the applicable provisions of the
Comprehensive Plan of the City of Aventura, Florida.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Section 34-31 "Ex Parte Communications with Public Officials," and
Section 34-32 "Hearing Procedures" of Article II "Quasi Judicial Matters" of Chapter 34
"Planning and Zoning" of the City Code, as attached as Exhibit A hereto, are hereby repealed.
Ordinance No. 2001-
Page 2
.Section 2. That Section 34-33 "Public Statements by Commissioners" is hereby renumbered
to become Section 34-40 of Article II "Quasi Judicial Matters" of Chapter 34 "Planning and
Zoning" of the City Code.
Section3. That Section 34-31 through 34-39 of Article II "Quasi Judicial Matters" of
Chapter 34 "Planning and Zoning," of the City Code, are hereby created as follows:
ARTICLE II. QUASI - JUDICIAL MATTERS
Section 34-31. Intent.
The intent of this ordinance is to establish procedures to ensure procedural due
process and maintain citizen access to the local government decision-making process
for the review of development orders requiring quasi-judicial hearings. These
procedures shall be applied and interpreted in a manner recognizing both the
legislative and judicial aspects of the local government decision-making process in
quasi-judicial hearings. They shall only apply to the hearings held by the board with
the authority to make the final decision in regard to the development order.
Section 34-32. Applicability.
Except as may otherwise be provided by statute or ordinance, these procedures shall
apply to all applications for site-specific rezonings, special exceptions, conditional
use approvals, variances, plats, and any other land use proceeding in which the Board
acts in a quasi-judicial capacity.
Section 34-33. Definitions.
(1) Application shall mean an application for any one of the following permits:
(a) Variances.
(b) Conditional use approvals.
(c) Plat approvals.
(d) Site-specific rezonings.
(e) Special exceptions.
Ordinance No. 2001-__
Page 3
(f) Any other site specific development approval determined to be quasi-
judicial by the city attorney.
(2) Applicant shall mean the owner of record, the owner's agent, or any person with a
legal or equitable interest in thc property for which an application for a development
order has been made and which is subject to quasi judicial proceedings, and shall
mean the Staffwhen the Application is initiated by the City.
(3) Commission shall mean the City of Aventura City Commission.
(4) Commissioner shall mean a City Commissioner.
(5) Competent substantial evidence shall mean testimony or other evidence based on
personal observation, or fact or opinion evidence offered by an expert on a matter that
requires specialized knowledge, that is relevant to the issue to be decided. Competent
substantial evidence is evidence a reasonable mind could accept as adequate to
support a conclusion.
(6) Comprehensive plan shall mean the City Comprehensive Plan which has been
adopted pursuant to Part II, Chapter 163, Florida Statutes.
(7) Development Order shall mean the written decision of the Commission regarding an
Application considered under quasi-judicial proceedings pursuant to this Article II, and
shall include a letter from the Director of the Community Development Department
memorializing a decision of denial from the Commission.
(8) Ex-parte communication shall mean any written, oral, or graphic communication
with a Commissioner which may relate to or which could influence the disposition of
an Application, other than those made on the record during a quasi-judicial hearing.
This term also includes visiting the site of the Application, receipt of expert opinions,
and any independent investigations by a Commissioner.
(9) Expert shall mean a person who is qualified in a subject matter by knowledge,
skill, experience, training, or education.
(10) Material fact shall mean a fact that bears a logical relationship to one (1) or more
issues raised by the Application or the laws and regulations pertaining to the matter
requested by the Application.
(11) Participants shall mean members of the general public, other than the Applicant,
including experts and representatives of local governments and governmental
agencies, who offer testimony at a quasi-judicial hearing for the purpose of being
heard on an Application.
Ordinance No. 2001-
Page 4
(12) Party shall mean the Applicant, the City Staff, and any person recognized by the
Commission as a qualified intervenor.
(13) Quasi-judicial proceeding shall mean a hearing held by the Conunission to
adjudicate the private rights of an Applicant by means of a hearing which comports
with these regulations and due process requirements.
(14) Relevant evidence shall mean evidence which tends to prove or disprove a fact
that is material to the determination of the Application.
(15) Staff shall mean members of the City staff.
Section 34-34. Ex-parte Communications.
(1) This section is adopted to follow the disclosure processes of Section 286.0115(1),
Florida Statutes (2000), and shall be construed so as to be consistent therewith.
(2) Any Commissioner may choose to discuss the merits of any matter of which
action may be taken by the Commission with any person not otherwise prohibited by
statute, charter provision, or ordinance if the Commissioner complies with the
procedures of this Section 34-34.
(3) Compliance with the procedures of this Section 4 shall remove the presumption of
prejudice arising from ex-parte communication with any Commissioner:
(a) Oral communications. The subject of the communication and the
identity of the person, group, or entity with whom the communication took
place shall be disclosed and made a part of the record before final action on
the Application. At the quasi-judicial hearing the person or persons
responsible for the ex-parte communication, any Party to the hearing and any
Participant shall have the opportunity to contest the accuracy of the matters
disclosed.
(b) Written communications. Any written communication related to an
Application pending before the Commission shall be forwarded to the
appropriate staff for inclusion in the official file for the Application, and shall
be disclosed on the record before final action on the matter. It shall be the
responsibility of the Applicant to review the official file periodically to
determine whether written ex-parte communications have been placed in the
official file.
(c) Investigations and Site Visits. Commissioners may conduct
investigations and site visits and may receive expert opinions regarding a
quasi-judicial action pending before them. Such activities shall not be
presumed prejudicial to the action if the existence and subject matter of the
Ordinance No. 2001-
Page 5
investigations, site visits, or expert opinions is made a part of the record
before final action on the matter and an opportunity for the Parties and
Participants to respond is provided prior to or at the hearing.
(4). Commissioners must make disclosures of their ex-parte communications before
or during the public meeting at which a vote is taken on the Application to afford
persons a reasonable opportunity to refute or respond to the communication.
Section 34-35. General procedures.
(1) Each Party shall have the right to call and examine witnesses, to introduce
exhibits, to cross-examine opposing witnesses on any relevant matter (subject to the
rules contained herein), and to rebut evidence.
(2) Staff shall have the responsibility of presenting the case on behalf of the City.
The Staff Report on the Application shall be made available to the Applicant and the
Commission no later than twenty-four (24) hours prior to the quasi-judicial hearing
on the Application.
(3) Official file. All written communication received by Commissioners or Staff
concerning an Application, the Staff Report on the Application, any petitions or other
submissions from the public, and all other documents pertaining to the Application
upon receipt shall be filed in the official file for the Application, which shall be
maintained by Staff. The Comprehensive Plan and the City Code of Ordinances shall
be deemed to be part of the official file. The official file shall be available for
inspection during normal business hours.
(4) The printed agenda for the meeting at which the quasi-judicial hearing is
scheduled to take place shall briefly explain the procedures and nature of the quasi-
judicial hearing.
Section 34-36. Hearing Procedures.
(1) The heating shall, to the extent possible, be conducted as follows:
(a) The Mayor or City Attorney shall read a statement at the beginning of
the quasi-judicial hearing portion of the agenda, which shall outline the
procedure to be followed. A copy of this Ordinance shall be made available at
the hearing.
(b) The Applicant, Staff, and all Participants requesting to speak shall be
collectively sworn by oath or affirmation.
(c) The Applicant may waive its right to an evidentiary hearing if it agrees
with the Staff recommendation and no one from the audience wishes to speak
Ordinance No. 2001-
Page 6
for or against the Application. The Commission may then vote on the item,
based upon the Staff Report and any other materials entered by Staff from the
official file into the record of the hearing.
(d) If there is an evidentiary hearing, the order of the presentation shall be
as follows, unless the Commission agrees to a different order, taking proper
consideration of fairness and due process:
i. Staff shall present a brief synopsis of the application; introduce any
appropriate additional exhibits from the official file which have not
already been transmitted to the Commission with the agenda materials,
as Staff desires; summarize issues; and make a recommendation on the
Application. Staff shall also introduce any witnesses that it wishes to
provide testimony at the hearing.
ii. The Applicant shall make its presentation, including offering any
exhibits from the official file, and introduce any witnesses as it desires.
iii. Participants in support of the Application shall make their
presentations.
iv. Participants in opposition to the Application shall make their
presentations.
v. Staff may cross-examine any witnesses and respond to any
testimony presented. If any witness is unavailable at the hearing to be
cross-examined, his testimony shall be disregarded.
vi. The Applicant may cross-examine any witnesses and respond to
any testimony presented. If any witness is unavailable at the hearing to
be cross-examined, his testimony shall be disregarded.
vii. The Mayor may choose to allow Participants to respond to any
testimony if the Mayor deems the response to be necessary to ensure
faimess and due process.
viii. The Commission may ask any questions of the Staff, Applicant
and Participants.
ix. Final argument may be made by the Staff, related solely to the
evidence in the record.
x. Final argument may be made by the Applicant, related solely to
evidence in the record.
Ordinance No. 2001-
Page 7
xi. A qualified intervenor may make a presentation, conduct cross-
examination and make final arguments in the order as decided by the
Commission.
(e) The Mayor shall keep order, and without requiring an objection, may
direct a Party conducting the cross-examination to stop a particular line of
questioning that merely harasses, intimidates or embarrasses the individual
being cross-examined, is unduly repetitious, not relevant or beyond the scope
of the testimony by the individual being cross-examined. If the Party
conducting the cross-examination continuously violates directions from the
Mayor to end a line of questioning deemed irrelevant and merely designed to
harass, intimidate or embarrass the individual, the Mayor may terminate the
cross- exanfination.
(f) After the presentations, and at the conclusion of any continuances, the
Commission shall deliberate on the Application. Once the Commission begins
its deliberations, no further presentations or testimony shall be permitted
except in the sole discretion of the Commission. The Commission's
decisions must be based upon competent substantial evidence in the record.
(2) The Commission may, on its own motion or at the request of any person,
continue the heating to a fixed date, time, and place. The Applicant shall have the
tight to one (1) continuance; however, all subsequent continuances shall be granted at
the sole discretion of Commission.
(3) The Applicant may withdraw an Application by requesting such withdrawal in
writing. If an Application is withdrawn, that Application or any similar Application
for the same site shall not be accepted for review for a period of one (1) year.
Section 34-37. Rules of Evidence.
(1) The Commission shall not be bound by the strict rules of evidence, or limited only
to consideration of evidence which would be admissible in a court of law.
(2) The Commission may exclude evidence or testimony which is not relevant,
material, or competent, or testimony which is unduly repetitious or defamatory.
(3) The Commission will determine the relevancy of evidence.
(4) Matters relating to an Application's consistency with the City Comprehensive Plan
or Land Development Regulations will be presumed to be relevant and material.
Ordinance No. 2001-
Page 8
(5) Hearsay evidence may be used for the purpose of supplementing or explaining
other evidence, but it shall not be sufficient by itself to support a finding unless it
would be admissible over objection in a court.
(6) Documentary evidence may be presented in the form of a copy of the original, if
available. A copy shall be made available to the Commission and to the Staff no later
than two days prior to the hearing on the Application. Upon request, the Applicant
and Staff shall be given an opportunity to compare the copy with the original.
Oversized exhibits shall be copied and reduced for convenient record storage.
(7) Only the Applicant, Staff and the Commission shall be entitled to conduct cross-
examination when testimony is given or documents are made a part of the record.
(8) The City Attorney shall represent the Commission and advise the Commission as
to the procedures to be followed and the propriety and admissibility of evidence
presented at the hearing.
(9) The Commission shall take judicial notice of all state and local laws, ordinances
and regulations and may take judicial notice of such other matters as are generally
recognized by the courts of the State of Florida.
(10) Supplementing the record after the quasi-judicial hearing is prohibited, unless
specifically authorized by an affirmative vote of the Commission under the following
conditions:
(a) The supplementation occurs after a quasi-judicial hearing is continued
but prior to final action being taken on the Application.
(b) If a question is raised by the Commission at the hearing which cannot
be answered at the hearing, the Party to whom the question is directed may
submit the requested information in writing to the Commission after the quasi-
judicial hearing, with copies to the other parties, provided the hearing has
been continued or another hearing has been scheduled for a future date and no
final action has been taken by the Commission. The information requested
will be presented to the Commission at the time of the continued hearing.
(c) All Parties and Participants shall have the same right with respect to
the additional information as they had for evidence presented at the hearing.
Section 34-38. Final Decision by the Commission.
The Commission shall reach a decision without unreasonable or unnecessary delay,
which shall be adopted by the Commission in writing and dated as of the date issued
and shall indicate the date filed in the City Clerk's office. Notification of the
Commission's Development Order shall be provided by the Director of the
Ordinance No. 2001-
Page 9
Community Development Department to the Applicant by certified mail, and made
available to any person who requests a copy from the City Clerk.
Section 34-39. The Record.
All evidence admitted into the record at the hearing, and the adopted Development
Order of the Commission, shall be maintained by the City Clerk for a period of at
least 45 days from issuance of the Development Order.
Section 4. Severability. That 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
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. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the Code
of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the work "Ordinance" shall be changed to "Section" or
other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on
second reading.
The foregoing Ordinance was offered by Commissioner ., who moved
its adoption on first reading. The motion was seconded by Commissioner and,
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Ordinance No. 2001-
Page 10
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snydcr
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on second reading. The motion was seconded by Commissioner ., and,
upon being put to a vote. the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED on first reading this 13th day of March, 2001.
PASSED AND ADOPTED on second reading this 3ra day of April, 2001.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
PLANNING AND ZONING § 34-31
ARTICLE I. IN GENERAL
Sec. 34-1. Reserved.
Editor's note--Ord. No. 99-09, § l(Exh. A, § 201), adopted July 13, 1999, added new
provisions to this Code which in effect superseded provisions formerly set out as § 34-1. Former
§ 34-1 pertained to local planning agency designated and derived from Ord. No. 96-27, § 1,
adopted Nov. 19, 1996.
Sec. 34-2. Fees for zoning and planning applications.
The City is hereby authorized to impose fees for the filing and processing of zoning and
planning applications, including but not limited to applications for variances, rezonings,
Comprehensive Plan amendments, appeals of administrative interpretations and other zoning
or planning related services provided by the Community Development Department. Such fees
shall be set and may be amended from time to time by resolution of the City Commission
following a public hearing.
(Ord. No. 96-22, § 2, 10-2-96)
Sec. 34-3. Comprehensive Plan.
(a) Adoption of Plan. The goals, objectives and policies of the City of Aventura Comprehen-
sive Plan, attached to Ordinance No. 98-27 as Exhibit "A" and incorporated herein by
reference, are hereby adopted as the Comprehensive Plan of the City of Aventura, Florida, in
accordance with the Local Government Comprehensive Planning and Land Development
Regulation Act.
(b) Replacement of County Comprehensive Plan. Upon adoption, the City of Aventura
Comprehensive Plan shall serve to replace the Miami-Dade County Comprehensive Plan,
previously applicable pursuant to F.S. § 163.3167(4), and City Charter section 8.03, to the
fnilest extent allowed by law.
(Ord. No. 98-27, §§ 2, 4, 12-15-98)
Editor's note--The City's Comprehensive Plan, referred to in § 34-3 above, has not been
included within this Code, but may be found attached as Appendix "A" to Ordinance No. 98-27,
adopted Dec. 15, 1998, on file in the office of the City Clerk.
State law reference--Local Government Comprehensive Planning and Land Develop-
ment Regulation Act, F.S. § 163.3161 et seq.
Secs. 34r! 34-30. Reserved.
ARTICLE II. QUASI-JUDICIAL MATTERS*
Sec. 34-31. Ex parte communications with public officials.
Communications with local public officials, as defined in F.S. § 286.0115(2), regarding
quasi-judicial matters (as defined in Board of County Commissioners of Brevard County v.
*Cross reference--Lobbying activities, § 2-371 et seq.
State law reference--Access to local public officials, quasi-judicial proceedings on local
government land use matters, F.S. § 286.0115.
Supp. No. 4, Rev. CD34:3
§ 34-31 AVENTURA CODE
Snyder, 627 So.2d 469 (Fla. 1993), including the adjudication of the rights of persons and the
application of a general rule or policy to a specific individual, property, interest or activity)
shall be governed by the following procedure. Any person not otherwise prohibited by statute,
Charter provision or ordinance may discuss with any local public official representing the City
the merits of any matter on which action may be taken by any board, council or commission on
which the local public official is a member. Such communication shall not raise any
presumption of prejudice provided that the following process of disclosure occurs:
(1) The subject and substance of any ex parte communication with a local public official
representing the City which relates to quasi-judicial action pending before the official,
as well as the identity of the person, group or entity with whom the communication
took place, shall be disclosed and made a part of the record before final action is taken
on the matter.
(2) A local public official representing the City may read a written communication from
any person; however, a written communication that relates to quasi-judicial action
pending before such official shall be made a part of the record before final action is
taken on the matter.
(3) A local public official representing the City may conduct investigations, make site
visits and receive expert opinions regarding quasi-judicial action pending before him,
provided that such activities and the existence of such investigations, site visits or
expert opinions is made a part of the record before final action is taken on the matter.
(4) Disclosure made pursuant to subsections (1), (2) and (3) of this section must be made
before or during the public meeting at which a vote is taken on such matters, so that
persons who have opinions contrary to those expressed in the ex parte communication
are given a reasonable opportunity to refute or respond to the communication.
(Ord. No. 96-09, § 1, 7-16-96)
Sec. 34-32. Hearing procedures.
Unless otherwise provided by law, or by resolution of the City Commission pertaining to a
specific matter, quasi-judicial hearing procedures shall be substantially as follows:
(1) Purpose. It is the purpose of this section to provide a fair, open and impartial procedure
for the consideration by members of the City Commission of quasi-judicial matters in
the course of quasi-judicial proceedings.
(2) Definitions. For purposes of this section, the following definitions shall apply:
a. Applicant means an individual, corporation or other authorized legal entity filing
an application or an appeal which initiates a quasi-judicial proceeding, including
City staff and the City Commission.
b. Application means an application for a site-specific rezoning, variance, special
exception or conditional use permit, or other request for a quasi-judicial proceed-
lng or appeal as authorized by the City's zoning ordinance.
Supp. No. 4, Rev. CD34:4
PLANNING AND ZONING § 34-32
c. City staff means an employee or agent of the City.
d. Member means a member of the City Commission.
e. Chair means the Mayor, unless otherwise provided.
(3) Proceedings.
a. Legal representation.
1. Applicants may be represented by legal counsel.
2. The City Commission shall be advised by the City Attorney.
b. Participants at hearings. All who testify on any application must sign in and be
sworn by the presiding officer. All persons testifying subject themselves to cross
examination. Each person, other than members of City staff, who addresses the
City Commission shall give the following information:
1. Name;
2. Address; and
3. Whether the person speaks for himself, a group of persons, or a third party.
If the person says that he represents an organization, he shall also indicate
whether the view expressed by the speaker represents an established policy
of the organization approved by the board or governing body.
c. Conduct of hearing. All quasi-judicial hearings shall be recorded. A court reporter
may be retained and paid for by any interested person to transcribe the
proceedings. Any person may order and pay for a transcript of the proceedings.
Any such retained court reporter shall identify himself to the City Attorney before
the hearing. The order of hearing shall be as follows:
1. The Chair shall read a preliminary statement once at the beginning of the
quasi-judicial public hearing agenda, announce the particular agenda item,
and open the public hearing. The Chair shall conduct the meeting, and all
questions shall be through the Chair.
2. The applicant, witnesses, City staff and all participants asking to speak
shall be sworn, excluding attorneys, unless the attorney intends to testify.
3. The Chair shall decide any parliamentary objections and objections to
evidentiary matters with the advice of the City Attorney.
4. The City staff shall present its report, offer it into evidence, and have it
made part of the record.
5. The applicant shall present its case.
6. Participants in support of the application shall present their testimony and
any evidence.
7. The opposition shall have the right to cross examine individual speakers.
8. Members may ask questions of any speaker through the Chair.
9. Participants in opposition to the application shall present theft testimony
and evidence.
Supp. No. 3 CD34:5
§ 34-32 AVENTURA CODE
10. The applicant shall have the right to cross examine individual speakers.
11. Members may ask questions of any speaker through the Chair.
12. City staff shall be given time for rebuttal, if requested. City staff shall be
subject to cross examination.
13. Any other member of the public may testify and present evidence, and such
persons are subject to cross examination.
14~ The applicant shall be given time for rebuttal, if requested.
15. The Chair closes the public hearing. Members shall discuss the matter in
public session and render a decision. No further presentations or testimony
shall be permitted unless directed by the City Commission.
d. Record of hearing. Following the final disposition of the application, all evidence
admitted at the hearing, the application file, all City staff reports, and the
adopted order promulgating the decision of the City Commission shall be
maintained in a separate file constituting the record of the application. The record
shall be kept in the custody of the appropriate City staff at all times during the
pendency of the application. The record will be made available to the public for
inspection upon request at any time during normal business hours.
(Ord. No. 96-09, § 2, 7-16-96)
Sec. 34-33. Public statements by Commissioners.
(a) The Mayor and Commissioners shall each avoid publicly expressing their intention,
either directly or indirectly, to vote for or against a pending quasi judicial matter or working
to influence public opinion upon a pending quasi judicial matter, prior to hearing held
pursuant to City Code section 34-32. A quasi judicial matter is pending when an application
has been filed pursuant to City Code section 34-32.
(b) The failure to comply with the restriction provided in paragraph (a) of this section shall
not invalidate any action or decision of the City Commission so long as the decision or action
of the City Commission is supported by competent substantial evidence of record as required
by law.
(c) Any members of the City Commission violating the standard of conduct set forth above
shall be subject to public censure by the City Commission, subject to rules adopted by the City
Commission providing the accused Commissioner with a fair hearing, including aa opportunity
to be heard. The Commission reserves the right, by subsequent ordinance to prospectively
implement other sanctions, in the event that the sanction provided for above is not effective in
implementing the purposes of this section.
(Ord. No. 98-23, § 1, 10-6-98)
Secs. 34-3~ 34-40. Reserved.
Supp. No. 3 CD34:6
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission ~
FROM: Eric M. Soroka, Cit
DATE: January 25, 2001
SUBJECT: Ordinance Implementing Water Shortage Plan of the South Florida
Water Management District
Ist Reading February 6, 2001 City Commission Meeting Agenda Item ~
2"d Reading March 13, 2001 City Commission Meeting Agenda Item 4~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance
implementing the Water Shortage Plan of the South Florida Water Management District
(SFWMD). The Ordinance language is recommended by the SFWMD and is required
to enforce water restrictions imposed by the SFWMD.
BACKGROUND
The South Florida area is in a severe water shortage emergency and Phase II water
restrictions were imposed by the SFWMD (see attached). In order to enforce the
restrictions, a City Ordinance is preferred to utilizing the County Code.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0948-01
ADVISORY
City of Aventura
Government Center
2999 NE 191st Street Suite 500 · Aventura, Florida · 33180
Date: January 24, 2001 Phone: (305) 466-8910
Contact: Eric M Soroka, City Manager Fax: (305) 466-8919
Declaration of Water Shortage Emergency
Aventura, Florida ... On Wednesday, January 17, the South Florida Water
Management District declared a Severe Water Shortage Emergency for all areas south
of Lake Okeechobee. Phase II Water Restrictions were enacted to decrease water
consumption from Lake Okeechobee to the Everglades. These restrictions are more
stringent than the Phase I Water Restrictions that were enacted in December.
The Emergency Order was enacted in response to below average water levels in
Lake Okeechobee and other water conservation areas. This year's '~Net season" (June -
September) was up to 50% below average, with October, November and December
also reporting below average rainfall. This decline is expected to continue until at least
March. In addition to below average rainfall, water consumption in South Florida has
increased up to 10%.
The Phase I Water Restriction goal was a 15% reduction in consumption. Since
that goal was not met, the more stringent restrictions were enacted. These restrictions
apply to domestic, commercial, utility and agricultural uses. The following fact sheet
lists a brief description of the restrictions that are currently in effect. The fact sheet can
City of Aventura, Florida - Water Restriction Advisory. doc ~ Page 2 - 1/24/01
be downloaded from the South Florida Water Management District website at
www. sfwmd.,qov/curre/watshortJindex2.html.
The Phase II Restrictions will be in effect until further notice, and will be enforced
by the City of Aventura Code Compliance Division. Violators will first receive a written
warning, and then a violation, which may carry a fine of up to $500. To report a
violation, please call (305) 466-8941.
The City of Aventura is complying with the Water Shortage Restrictions in our
landscaping irrigation and other activities. We urge all residents and business owners
to comply with the Phase II Water Restrictions in order to preserve our valuabJe water
supply. For more information, cell the South Florida Water Management District at
(800) 662-8876 or visit their wabsite at www. sfwmd.,qov.
Released by: Eric M. Soroka, City I~anager
/
RESIDENTIAL/COMMUNITY
Water-Use Restrictions
PHASE !!
JANUARY lg, 2001
ne seem noria, water Water Shortages desalinated water or water from aquifer stor-
M~l~l~efl~ell~ O/$t~ct age and r~covery
is o regio~laf, governmental Water shortages and water conservation/all
agency thor oversees the under the Distrid's mission for water supply. · Water-use restrictions DO NOT apply to
water r~ources in the iow-volume irrigation using equipment or
southern halt of the State. It South Florida depends upon rainfall far its devices that apply water directly to the root
is the old~t and largest of water supply. While South Florida gets 55-60 area of a plant
the state's ~ve water inches of rain a year, bsa rainfall is seasonal,
munagement disb'ict~, falling mostly in the summer and fall. The · Water-use re~rictions generally DO apply to
water from private weh's and all surface waters
rainfall is also cyclical, meaning there are ~ypi-
Our Mission is to mo~uge tally 10-yeac cycles of drought and flood, such as canals, lakes, ponds and rivers.
and protect water re~our~es
of the region ~ bl~tancin~ To manage water shortages in an organ/zed - Any exemptions from the re~Irictlans must
crud improvin~ water and effident manner, the District has adopted be through a formal pracess, that is, by
quality4, [Iond con~oi, a Plan and a Rule to raslrlc~ water use when obtaining a variance from the Dis~-ict.
natural systems, and w~ter supplies fall short. (Sec. 373.246, ES.; (21.
supply. 40E-21, FA.C). The goal is to protect the Water Users
rematntug supply by conserving wa~er, pre- Water users am I~mupe~ into categories
NOTE vetoing saltwater Infusion and assuring a fair according to use - residential, a~picu~tural,
This document represents a distribution of available suppl~os. Before industrial, recreational, etc. - and, according
summus'/of Phase II declaring a water shortage and imposing to the source imm whkh the water comes.
Water-use gestdction$ as mandatory water-use restrictions, the District Residential users are the largest user-group
they apply to reside~Jal/ typically alerts the public by issuthg a 'warn- affected by water restrictions,
comm#~it'y use. For more lng:' Under a water shortage warning, resi-
d~tails, or [or a copy of the de~ts are asked to consen/e water voluntarily. Residential/Community
Wat~ Shortclge Rule,
contact the South Florida Water-Use Restrktiens Water-Use RestriCtions
Water Ma~ogement District
at 1-800-662-8g76 or visit The Dismct has established specifk water-nse _umma_ ~,
Phase
I
I
our web site at resblctions according to the severity of the Because about
~.sfwmd. gov water shortage - Phase I, moderate; Phase half the water
II, severe; Phase III, exlreme; and, Phase used In South
IV, critical - each requiring an ~ncreasingly Rodda ~s for
larger reduction in water use. The District corm- landscape irrF
lutes each phase of the resblctions to the over- ration, the
all percentage of reductions needed. Phase II DLs~rict target~
afros (or a 30 percent reduction in water use. outside water-
use for restric-
General Guidelines fions. Imrat~n
· All wostetol and unnecessanj water* use is is most efficient In the earty-moming hours
when less evapuration occurs.
prohibited.
· Essential services Involving public health and :
safety, such as fire-fighting, am not restricted.
· Water-nse re~'ldlons DO NOT apply to the
: use of treated wastewater {muse water),
RESlDEN'nAUCOMMUNn'y T~TER,-US~ RF~C'nONS -
Landscape Irrigation It Maintenance for Homes Wi~ Car, Boat 8 Equipment Washing
Less i'nan Five Acres of Land - Washing of cars, boats and other
· Watering is perm~ed on Wednesdays and Saturdays from 4-.8 a.m. equipment is permitted 4.8 a.m.
for homes with addresses that end with an odd number (1,3,5,7,9). and 5-;' p.m. on the landscape
· V~tedng is permitted an Thursdays and Sundays from 4-8 a.m. watering days. Washing must be
for homes with addresses that end with an even number done on, or must drain to, a non-
(0,2,4,6,8) or with no address, paved surface that permits water to
soak into the ground. And, it must
· Hand watering with one hose and an automatic shut-off nozzle is be done using a hose with an auto-
allowed from 5-7 p.m. on the same days. matic shut-off nozzle.
· New landscaping, planted for less than Itllr~y days, may be watered
Mondays, Wednesdays, Thursdays and Fridays from 2-8 aJl~. allowed anytime if done by a licensed Individual or company using
· New landscaping may be watered at any time by hand with one an at~tomattc shut-off nozzle and Iow water-use techniques.
hose and an automatic shnt-nt'f nozzJe. - Rinsing and flushing of boats after saltwater use Is allowed once
· Pesticide applications are allowed dmlng hours and days of the a day ior up to 15 minotes per boat.
waledng schedule.
Other Outdoor Water Uses
· Pestidde application is perm~ed by a licensed pestidde technician
at any time. The appik~ior must be present duriog application. - Washing or rinsing of sidewalks,
driveways, streets or other paved
· Wl~en cleaning, adjusting or repairing existing irrigation systems, surfaces is NOT ALLOWED at any
ten minutes of operating the irrigation system per zone/per week is time unless done with Iow-volume
permitted. And, ten minutes of system operation is permitted on a pressure cleaning equipment. That
one*time basis for new irrigation systems, is, the equipment must be designed
to reduce the volume of water used.
Landscape Irrigation 8 Maintenance for Homes With - Low-volume pressure deaniog of
More Than Five Acres of Land i. · any su~ace and s~uoure is perturbed.
· Watering is permitted on Wednesdays and Saturdays from
12:01-8 a.m. for homes with addresses that end with an odd · Live*aboard boats that serve as a
number (1,3,5,7,9). primary residence may be washed or rinsed during the landscape
watedng day/time sdsedole based on the number of the boat slip
' Watelln§ is I;*ml~ted an Thursdays and Sandays ftom 12:01-8 a.rlt or the address of the ioeation of the clod~.
for homes with addresses that end with an even number
(0,2,4,6,8) or with no eddmss. · Filling or refilling of swimming pools is allowed. If a pool is emp-
tied, it must drain onto a non-paved surface such as a lawn.
· Watering by hand with one hose and an automatic shut-off
nozzle is allowed from 5-7 p.m. on the same days. · Re*d~culating fountains and ornamental water features may be
operated if the water use is effident, meaning that them is no wind
o New landscaping, planted for less than thldy days, may be watered draft, leaking or overflowing of water.
Mondays, Wednesdays, Thursdays and ITidays from 12:01-8 a,m.
· New landscaping may be watered at any time by hand with one Further Water Supply Shortages
hose and an automatic shut-off nozzle.
The District may dodam more stringent rest~'ictions as set forth in
· Pestidde applications am allowed during the hours/days of the Phases I11 and IV. For the average person, the major difference in the
watering sohedule, phases is the number of days and hours that water may be used
· Pestidde applicatian is perm~ed by a licensed pestidde technician outside the home. Residential/Community h'rigation hours: Phase
at any time. The applicator must he present during application. III, one day for throe ho~Jrs; Phase IV, one day for one hour; and, in
mom severe conditions, the District may restrict all outside watering.
· When deaning, adjusting or mpelring existing irrigation systems,
ten minntas of operating the inlgatkin system per zone/per week IS - FOR WATER CONSERVATION IN FORMATION 8 MATERIALS -
permitted. And, ten minutes of system operation Is permitted on a Contact the SPWMD at 1-8OO-662-8876.
one-time basis for new irrigation systems. Th~s publication is also available on our Water Shortage web site at
http://www, sfwmd.gav/curm/watshort/index2.html
O South Rorida Water Management Distrk't
3301 Gun Oub Road · West Palm Beach, Floflda 33406
561-686-8800 · FL WATS 1 '800-432-2045 · www. sfwmd.gov
MAIUNG ADDRESS: P.O. Box 24680 · West Fatm Beach, FL 33416-4680
ORDINANCE NO. 2001-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF AVENTURA BY
AMENDING ARTICLE VII "WATER REGULATIONS" OF
CHAPTER 30 "ENVIRONMENT" BY CREATING SECTION
30-200 "LOCAL IMPLEMENTATION OF THE WATER
SHORTAGE PLAN OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT"; PROVIDING DEFINITIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR INCLUSION IN THE CODE; REPEALING
ANY INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a water shortage or water shortage emergency may be declared
from time to time by the South Florida Water Management District affecting City of
Aventura; and
WHEREAS, during such water shortage condition the amount of surface and
groundwater supplies may become insufficient to meet current or anticipated demands;
and
WHEREAS, upon the existence of such conditions it becomes imperative to the
public well being that certain uses of water be restricted or curtailed and that available
water resources be allocated; and
WHEREAS, the South Florida Water Management District has primary
responsibility under Chapter 373, Florida Statutes, for regulating water use and
allocating available water supplies during periods of water shortage; and
WHEREAS, the South Florida Water Management District has adopted a "Water
Shortage Plan", codified as Chapter 40E-21, Florida Administrative Code, for the
purpose of allocating and conserving the water resource during periods of water
shortage and maintaining a uniform approach towards water use restrictions; and
Ordinance No. 2001-__
Page 2
WHEREAS, the South Florida Water Management District has requested the
assistance of the City of Aventura in the enforcement of the provisions of the "Water
Shortage Plan", and
WHEREAS, it is the desire of the City Commission to provide the South Florida
Water Management District with all possible assistance in the enforcement of the
provisions of the "Water Shortage Plan" during a water shortage or water shortage
emergency; and
WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty
of county/municipal governmental and law enforcement officials to assist the South
Florida Management District in the enforcement of Chapter 373, Florida Statutes, and
any rules adopted thereunder, upon request by the South Florida Water Management
District; and
WHEREAS, the City Commission hereby finds and declares that adoption of this
ordinance is necessary, appropriate, and in the public interest of citizens of this
community.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by
amending Article VII "Water Regulations" of Chapter 30 "Environment" by creating
Section 30-200 "Local Implementation of the Water Management Plan of the South
Florida Water Management District" to read as follows:
Ordinance No. 2001-__
Page 3
Section 30-200. Local Implementation of the Water
Management Plan of the South Florida Water Management
District.
A. Intent and Purpose
It is the intent and purpose of this section to protect the water
resources of the City from the harmful effects of over-
utilization during periods of water shortage and allocate
available water supplies by assisting the South Florida Water
Management District in the implementation of its Water
Shortage Plan.
B. Definitions
For the purpose of this section the following terms, phrases,
words and their derivatives shall have the meaning given
herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural
include the singular, and words in the singular include the
plural. The word "shall" is always mandatory and not merely
directory.
"District" is the South Florida Water Management District.
"Person" is any person, firm, partnership, association,
corporation, company, or organization of any kind.
Ordinance No. 2001-__
Page 4
"Water resource" means any and all water on or beneath the
surface of the ground, including natural or artificial water
courses, lakes, ponds, or diffused surface water, and water
percolating, standing, or flowing beneath the surface of the
ground.
"Water shortage condition" is when sufficient water is not
available to meet present or anticipated needs of persons
using the water resource, or when conditions are such as to
require temporary reduction in total water usage within a
particular area to protect the water resource from serious
harm. A water shortage usually occurs due to drought.
"Water shortage emergency" means that situation when the
powers which can be exercised under Part II of Chapter 40E-
21, Florida Administrative Code, are not sufficient to protect
the public health, safety, or welfare, or the health of animals,
fish or aquatic life, or a public water supply, or commercial,
industrial, agricultural, recreational or other reasonable uses.
C. Application
The provisions of this Section shall apply to all persons using
the water resource within the geographical areas subject to
the "water shortage" or "water shortage emergency," as
4
Ordinance No. 2001-__
Page 5
determined by the District, whether from public or privately
owned water utility systems, private wells, or private
connections with surface water bodies. This section shall not
apply to persons using treated effluent or saltwater.
D. Amendments to Water Shortage Plan
Chapter 40E-21, Florida Administrative Code, as it may be
amended from time to time, is incorporated herein by
reference as a part of the City Code.
E. Declaration of Water Shortage; Water Shortage
Emergency
The declaration of a water shortage or water shortage
emergency within all or any part of City by the Governing
Board or the Executive Director of the District shall invoke the
provisions of this Section. Upon such declaration all water use
restrictions or other measures adopted by the District
applicable to City, or any portion thereof, shall be subject to
enforcement action pursuant to this Ordinance. Any violation
of the provisions of Chapter 40E-21, Florida Administrative
Code, or any order issued pursuant thereto, shall be a
violation of this section. The City Manager is hereby
authorized and required to declare the existence of a water
5
Ordinance No. 2001-__
Page 6
shortage and impose water restrictions in accordance with the
District's Water Shortage Plan.
F. Enforcement
The City's Community Development Department, Code
Compliance Division shall, upon notification by the City
Manager, in connection with all other duties imposed by law,
diligently enforce the provisions of this Ordinance. In addition,
the City Manager may also delegate enforcement
responsibility for this Ordinance to other Departments of City
government.
G. Penalties
Violation of any provision of this article shall be subject to the
following penalties:
First violation $25.00
Second and
subsequent violations Fine not to exceed
$500 and/or
imprisonment in the
County jail not to
exceed 60 days
Ordinance No. 2001-__
Page 7
Each day in violation of this section shall constitute a separate
offense. In the initial stages of a Water shortage or Water
shortage emergency, Code Compliance officials may provide
violators with no more than one written warning. The City, in
addition to the criminal sanctions contained herein, may take
any other appropriate legal action, including but not limited to
emergency injunctive action, to enforce the provisions of this
section.
F. Water Users to Accept Provisions of Article
No water service shall be furnished to any person by a public or private
utility unless such person agrees to accept all the provisions of this article.
The acceptance of water service shall be in itself the acceptance of the
provisions thereof.
Section 2. Inclusion in the Code. it is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word
Section 3. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Ordinance No. 2001-__
Page 8
Section 4. If any section, sentence, clause or phrase of this Ordinance is held
to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Ordinance.
Section 5. This Ordinance shall take effect immediately upon adoption.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. The motion was seconded by Commissioner
Perlow, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg absent
Commissioner Jeffrey M. Pedow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder 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 6th day of February, 2001.
Ordinance No. 2001-__
Page 9
PASSED AND ADOPTED on second reading this 13th day of March, 2001.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dada County, Flodda.
STATE OF FLORIDA
COUNTY OF MIAMI-OADE: CITY OF AVENTURA
Before the undersigned authority personally appeared PUBLIC NOTICE_OF PROPOS. ED O~DINANC_E_S
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business NOTICE IS HEREBY GIVEN that on Tuesday, the 13th day of March,
Review f/k/a Miami Review, a daily (except Saturday, Sunday 2001 at a meeting of the City Commission of the City of Aventura. [o ~e
and Legal Holidays) newspaper, published at Miami In Miami- held at 6:00 p.m. in the Commission Masting Room at the Biscayne Medi-
Dade County, Florida; that the attached copy of advertise- cai Arts Building, 21110 Biscayne Boulevard Suite 101. Aventura. Flori-
ment, being a Legal Advertisement of Notice in the matter of (la, th~ City Commission will consider the adootion of the following Ordi-
nance on seconc reading, entitled:
CITY OF AVENTURA
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROPOSED ORDINANCES 3/13/01 AMENDINGTHECITYCODEOFAVENTURABYAMENDING
ORDINANCE AMENDING ARTICLE v "WATER REGULATIONS OF CHAPTEI~ 30
ARTICLE VII, ETC. 'ENVIRONMENT' BY CREATING SECTION 30-200 "LOCAL
IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT':
in tha ..... ..~.~.~.~..~. ............ Court, PROVIDING DEFINITIONS: PROVIDING FOR I~NFORCE-
was p blished in said newspaper in the issues of MENT AND PENALTIES: PROVIDING FOR NCLUSION IN
FeP~ 9, 2 0 01 THE CODE: REPEALING ANY INCONSISTENT PROVISIONS:
PROVIDING FOR SEVERABILITY AND PROVIDING AN EF-
=ECTIVE DATE.
The proposed Ordinance may be inspected by ti~e ou DIIC at the Office of
Affiant further says that the said Miami Daily Business ~he City Clerk, 2999 N,E, 191st Strast. Suite 500, Aventura, Florida Inter-
Review is a newspaper published at Miami in said Miami- ested pames may appear at the Public Headng and De heard with resoect
Dade County, Florida, and that the said newspaper has to the proposed Ordinance. Any person wishing to address the City Com-
hamtofore been continuously published In said Miami-Dada mission on any item at this Public Hearing is asked to register with the City
County, Florida, each day (except Saturday, Sunday and Clerk prior to that item being heard.
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami In said Miami-Dada n accordance with the Americans with Disebiiibes Act of 1990, all per-
County, Florida, for a period of one year next preceding the sons who are disabled and who need spocla[ accommodations to partici-
first publication o! the attached copy of advertisement; aad pate in this proceeding because of that disability should contact the Office
affiant further says that she has neither peid nor promised of the City Clerk, 305-466-'8901, not later fha9 two business days prior to
any person fir corpo diSCOUnt, rebate, eom- such proceedings.
mission or re nd for ecurlng this advertise-
ment for p ica ' paper. If a person decides to appeal any decision made by the City Commis-
.,. sion with respect to arty matter considered at a meeting or hearing,
that
person will nasd 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
Sworn o and subscribed before me this be based.
Teresa M. Soroka, CMC City Cterk
9 Fe~)ruary. 2 0 0 1 2/9 01-4-60/133273M
..... dayof ............................... . A.D ........
(SEAL) ~ _~.¥ ~ (;~i~;.~TARY$-~t,
Octelm a V' Fer heyre pers~'~'~°'~me' (~ ,H. MARM,F~ I