02-04-2003
City rAmnl_u.a
JetIrey M. Perlow, Mayor
A~e City of
.n.ventura
@
Cit)' U.n~
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Hobberg
Patricia Rogers-Libert
City Cleri
Teresa M. Soroka, CMC
CityAttomV
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
FEBRUARY 4, 2003- 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to
comment upon any of these items, please inform the Mayor when he requests public
comments. An opportunity for persons to speak on each item will be made available
after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation.
Additionally, each person who gives testimony may be subject to cross-examination. If
you refuse either to be cross-examined or to be sworn, your testimony will not be
considered. The general public will not be permitted to cross-examine witnesses, but
the public may request the Commission to ask questions of staff or witnesses on their
behalf. Persons representing organizations must present evidence of their authority to
speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE
APPROVAL TO PERMIT THE ESTABLISHMENT OF A
LIQUOR PACKAGE STORE NOTWITHSTANDING THE
SPACING AND DISTANCE REQUIREMENTS FOR THE SALE
AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED
BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE;
FOR PROPERTY LOCATED AT 20417 BISCAYNE
BOULE V ARD, CITY OF A VENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
4. AGENDA: Request for Deletions/Emergency Additions
FelIu.y 4, 2003 (',.."",;,,;,., Idedioi
5. SPECIAL PRESENTATIONS: None.
6. 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. APPROVAL OF MINUTES:
January 7,2003 Commission Meeting
January 23,2003 Workshop Meeting
B. MOTION TO AUTHORIZE AND APPROVE THE
APPOINTMENT OF COMMISSIONER KEN COHEN TO THE
NATIONAL LEAGUE OF CITIES' PUBLIC SAFETY AND
CRIME PREVENTION COMMITTEE
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF A VENTURA ECONOMIC
DEVELOPMENT ADVISORY BOARD FOR A ONE-YEAR
TERM; AND PROVIDING AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, 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 City as surplus)
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 03-01-21-2, NE 190TH STREET
DRAINAGE IMPROVEMENTS, TO INTERCOUNTY
ENGINEERING, INC. AT THE BID PRICE OF $128,554.00.
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Awards bid for improvements to NE 190th St. drainage system)
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
2
Fclnuy 4, 2003 (',.."",;,,;,., Idedioi
MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
SUBSTANTIALLY AS ATTACHED HERETO, BETWEEN THE
CITY OF AVENTURA, TWENTY-FOUR NONEXEMPT
MUNICIPALITIES, MIAMI-DADE COUNTY AND THE
SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AS
REQUIRED BY ~163.31777 and ~1013.33, FLORIDA STATUTES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Interlocal Agreement with Miami-
Dade County School Board as required by State Statute)
G. MOTION AUTHORIZING TRANSIT SERVICE
ENHANCEMENTS, EXPANSION AND IMPROVEMENTS AS
RECOMMENDED BY THE CITY MANAGER IN THE REPORT
DATED JANUARY 16, 2003.
(Authorizes City Manager to implement transit service enhancements
and improvements to City's bus service)
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
WILLIAMS ISLAND ASSOCIATES, LTD. AND THE CITY OF
A VENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement providing traffic
enforcement for Williams Island Associates, Ltd.)
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, DESIGNATING THE CITY
MANAGER, ON BEHALF OF THE CITY OF AVENTURA, AS
THE AUTHORIZED CITY OFFICIAL TO APPROVE AND SIGN
TEMPORARY STATE ROAD CLOSURE PERMIT REQUESTS
FOR SPECIAL EVENTS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Designates City Manager as City Official authorized to approve
temporary state road closure permits for special events)
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DEDICATING A TEN (10) FOOT
WIDE BY FIFTEEN (15) FOOT LONG EASEMENT TO THE
CITY OF NORTH MIAMI BEACH ON THE A VENTURA
3
Fclnuy 4, 2003 (',.."",;,,;,., Idedioi
COMMUNITY/RECREATION CENTER SITE; PROVIDING
FOR RECORDATION; AUTHORIZING THE CITY MANAGER
TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE
PURPOSES OF THIS RESOLUTION; PROVIDING AN
EFFECTIVE DATE.
(Authorizes dedication of 10' utility easement to City of North Miami
Beach for the Community Recreation Center)
K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED REVISED
ADOPTION AGREEMENT AND TRANSMIT SAME TO THE
ICMA RETIREMENT CORPORATION; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Revises City's pension contribution amount for City employees)
L. MOTION TO APPROVE REQUEST OF STANLEY PRICE, ON
BEHALF OF LA ESTANCIA, FOR EXTENSION OF TIME TO
COMPLETE BUILDING FA<;:ADE AND SITE IMPROVEMENTS
AT 17866 BISCAYNE BOULEVARD
M. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN COLLECTIVELY BARGAINED CONTRACT
ATTACHED HERETO BY AND BETWEEN THE CITY OF
A VENTURA AND THE DADE COUNTY POLICE
BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER
AND THE DADE COUNTY POLICE BENEVOLENT
ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute collective bargaining agreement
with Dade County Police Benevolent Association for period 10/1/02 -
9/30/05)
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE
4
Fdnay 4, 2003 (',.."",;,,;,., Idedioi
2001/2002 FISCAL YEAR BY REVISING THE 2001/2002 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.
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2002-24 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2002/2003 FISCAL YEAR BY REVISING THE 2002/2003 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBITS "A" AND "B" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS: None.
1 O. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
FEBRUARY 20, 2003
10 A.M.
CITY ELECTION
MARCH 4, 2003
7 A.M. - 7 P.M.
COMMISSION MEETING
MARCH 11, 2003
6 P.M.
*RUN-OFF ELECTION
*Ifnecessary
MARCH 18,2003
7 A.M. - 7 P.M.
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 Advisory
Boards 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, 19200 W. Country Club Drive,
Aventura, Florida. 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901.
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
BY:
City Commission t?'-"
Eric M. Soroka, IC -
City Manager
Joanne Carr, Al~~
Planning Director
FROM:
DATE:
January 20, 2003
SUBJECT:
Request of Winn Dixie Stores Inc. for Conditional Use Approval to
establish a liquor package store at 20417 Biscayne Boulevard, Aventura,
notwithstanding the spacing and distance requirements for the sale and
service of alcoholic beverages pursuant to Section 4-2(a) and (b) of the
City Code (02-CU-03)
February 4, 2003 City Commission Meeting Agenda Item _-=3
RECOMMENDATION
It is recommended that the City Commission approve the conditional use with the
following conditions:
1. This approval shall be granted exclusively to Winn-Dixie Stores Inc.
2. Building permits for this use shall be obtained within twelve (12) months of the date
of the approved resolution, or the approval granted herein shall expire, unless
extended by motion of the City Commission at the written request of the applicant.
3. The applicant shall establish the use at the same time the grocery store use is
established. This conditional use approval shall terminate in the event the grocery
store use is terminated.
4. The applicant shall obtain a liquor license for package sales only with no
consumption on premises permitted.
5. The sale of alcoholic beverages shall be terminated in the event that the City
Commission determines, after a public hearing, that the operation has created
and/or may tend to create a disturbance to the community. A public hearing shall be
set if the City Manager finds probable cause to believe that a disturbance has been
created, based upon complaints received or the City Manager's observation.
6. The applicant shall comply with the hours of operation allowed to establishments for
package sales pursuant to Section 4-3(a) and (e) of the City Code; which is between
the hours of 8:00 a.m. and 10:00 p.m., excepting that on Christmas Eve and New
Year's Eve, hours may be extended to 12:00 midnight.
THE REQUEST
The applicant, Winn Dixie Stores Inc., is requesting Conditional Use approval to sell
alcoholic beverages at a liquor package store adjacent to its proposed grocery store in
the Promenade Shops retail plaza at 20417 Biscayne Boulevard, notwithstanding the
spacing and distance requirements for the sale and service of alcoholic beverages of
Section 4-2 (a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY:
LEGAL DESCRIPTION
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Promventure Limited Partnership
Jeff Mell for Sy Chadroff on behalf
of Winn Dixie Stores Inc.
20417 Biscayne Boulevard (See Exhibit #2 for
Location Map and Exhibit #3 for Aerial
Photograph)
Approximately 27.76 acres (entire plaza site)
Part of Tracts A, B & C, The Promenade
Shops, as recorded in Plat Book 133, Page 39
of the Public Records of Miami-Dade County,
Florida
B2 Community Business District
OP Office Park District
RMF3 Multi Family Medium Density Residential
District
CF Community Facilities District and
82 Community Business District
MO Medical Office District
Retail
Office
Residential
2
Properties to the East:
Properties to the West:
Synagogue and Private School
Biscayne Boulevard
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Medium-High Density Residential
Business and Office
Business and Office
The Site - The subject site contains the Promenade Shops retail plaza bounded by NE
203 Street and NE 207 Street to the south and north, and by NE 29 Place and Biscayne
Boulevard to the east and west.
The Project - Winn Dixie Stores proposes to remodel its former tenant space in the
Promenade Shops plaza to include a grocery store and separate liquor package store.
Its typical floor plan for a liquor package store is attached as Exhibit #4. A liquor
package store is a permitted use in the B2 zoning district; however, conditional use
approval is required due to the distance and spacing requirements of Chapter 4 of the
City Code.
Section 4-2 (a) and (b) of the City Code establishes certain spacing and location
requirements applicable to businesses selling alcoholic beverages. The Code provides
that no premises shall be used for the sale and service of alcoholic beverages to be
consumed on or off premises unless it is located at least 1500 feet from a place of
business having an existing liquor license (and not one of the uses excepted from the
spacing requirements) and 2500 feet from a religious facility or school. It allows certain
exceptions detailed in Section 4-2(e) of the City Code and noted below in the analysis
of this request. The applicant does not meet either the spacing requirements or the
exception conditions and therefore requires conditional use approval.
The applicant has submitted a letter dated July 11, 2002, from its abutting property
owner to the east, the Aventura Turnberry Jewish Center, advising that it has no
objection to the liquor package store. (See Exhibit #5 for letter)
The Aventura Police Department has confirmed that it has no objection to the
establishment of the liquor package store in this location from a crime prevention point
of view but points out that the private school and playground are immediately adjacent
to the plaza property. Community Development staff has further confirmed with the
Police Department that the existing liquor package store next to the Walgreen's
Pharmacy on NE 29 Place at Aventura Boulevard is not causing a disturbance to the
community or undue concerns for law enforcement.
3
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent
with the City of Aventura Comprehensive Plan.
Citizen Comments - The Community Development Department has received no
written citizen comments.
Community Development Department Analysis . The applicant is requesting
conditional use approval for the establishment of a liquor package store. Chapter 4 of
the City Code, regulating the sale of alcoholic beverages, requires certain spacing and
distance requirements from religious facilities and schools and from other
establishments selling alcoholic beverages.
Section 4-2 (a) and (b) of the City Code prohibits the sale of alcoholic beverages for on-
premises consumption at locations closer than 1,500 ft. from another place of business
having an established alcoholic beverage use (and not one of the uses excepted from
the spacing requirement), or where the place of business is less than 2,500 feet from a
religious facility or school. The liquor survey submitted by the applicant shows 3
establishments selling alcoholic beverages within 1,500 feet and 3 religious facilities
with 2 private schools within 2,500 feet of its proposed store. (See Exhibit #6 for liquor
survey.)
Section 4-2 (e) of the City Code provides for certain exceptions to these spacing and
distance requirements. An establishment selling alcoholic beverages is exempt from the
1,500-foot and 2,500-foot spacing distances if it falls within one of the following
categories:
1. A private club conforming to the requirements of a private club as stated in the State
Beverage Law.
The proposed Winn Dixie liquor package store does not meet this requirement.
2. Restaurants in the B2 zoning district which serve cooked, fully course meals daily
prepared on the premises and which provides alcoholic beverages service only to
persons seated at tables.
The proposed liquor package store does not meet this requirement for exemption.
3. Cocktail lounges in restaurants where the restaurant seats 200 or more patrons at
tables or counts and occupies more than 4000 square feet of floor space.
The proposed liquor package store does not meet this requirement for exemption.
4
4. Beer and wine for off-premises consumption as a grocery item.
The proposed Winn Dixie grocery store's sale of beer and wine for off-premise
consumption is exempted under this category; however, the separately proposed
liquor store is not exempted.
5. Bowling alleys with restaurants, hotels and motels with at least 100 guest rooms,
golf course clubhouses and refreshment stands, tour boats, tennis clubs and indoor
racquetball clubs, and not-for-profit theatres with live performances and 100 seats.
The proposed liquor package store does not meet any of these requirements for
exemption.
Criteria
According to Section 31-73(c) of the City's Land Development Regulations, a
Conditional Use request is evaluated using the following criteria:
1. The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the Comprehensive Plan. The establishment is to
be located on a parcel with business and office land use designation.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The request for a liquor package store will not be detrimental to or endanger the
public health, safety or general welfare.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The request for a liquor package store is consistent with the business community
character of the immediate neighborhood. The store is to be located in a large
retail plaza adjacent to a grocery and other retail stores.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of
these LOR's.
The applicant has provided letters from all utilities confirming that service is
available for the proposed use. Roadway capacity, drainage and other
necessary public facilities exist at the City's adopted levels of service or will be
available concurrent with demand as provided for in the Land Development
Regulations.
5
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The liquor package store is proposed in an existing retail plaza with existing
ingress and egress from Biscayne Boulevard, NE 203 Street, NE 207 Street and
NE 205 Street.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this liquor package store will not impede the development
of surrounding properties for uses permitted in the zoning district. The store is to
be located in an existing tenant space in a large retail plaza. The tenant space is
oriented to the interior of the plaza and is not visible from adjacent properties.
7. The design of the proposed use shall minimize adverse affects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The proposed tenant space for the liquor package store is oriented to the interior
of the plaza and is not visible from adjacent properties. The proposed storefront
is set back approximately 1,000 feet from Biscayne Boulevard and 300 feet from
NE 203 Street. The owner proposes to remove the existing black olive trees now
in front of the tenant space and replace those trees with Washingtonian palm
trees. The black olive trees are to be relocated at the easterly property limit to
further screen the plaza from the adjacent synagogue and private school.
6
<'!
LAW OFFICES
Sv CHADROf"f", P. A.
1931 NORTHEAST 197TH TERRACE
MIAMI, FLORIDA 33179
SY CHADROFF
TELEPHONE (305) 935-1866
FAX (305) 935-9737
December 17, 2002
Joanne Carr, AICP
Senior Planner
Community Development Department
Aventura City Hall
19200 West Country Club Drive
A ventura, Florida 33180
Re: Winn Dixie
20417 Biscayne Boulevard
A ventura, Florida
Dear Ms. Carr:
The applicant, Winn Dixie, located at 20417 Biscayne Boulevard, Aventura, Florida is seeking a variance
for Special Exception for Distance and Spacing Requirements in order to open a package liquor store at
this location. This package store will be limited to sales and no consttmption will be permitted on the
prenuses .
There are two synagogues located within the 2,500-foot distance reqttirement and therefore a variance is
requested to comply with the City of A ventura zoning regulations.
We believe that this request for a Special Exception for Distance and Spacing Requirements variance is
reasonable and should be approved for the following reasons;
Winn Dixie is a publicly traded national grocery store chain. A nationally recognized first rate package
and liquor store is in demand in this community as there are no other package stores located within this
neighborhood. Locating it adjacent to the Winn Dixie store will be convenient for the residents in the
nearhy neighborhood who will be shopping at the grocery store. Also, we have a letter of support from
the Aventura Tumberry Jewish Center, which is one of the synagogues located within the immediate
neighborhood.
We hope you will give this application careful consideration and that the Special Exception for Distance
and Spacing Requirements e approved by the City of A ventura.
~fJu
roff
C/
EXHIBIT #1
02-CU-03
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M..rgo G. A~her
Presidenr
July 11,2002
JoannaCarr, Senior Planner
City of Aventura
19200 W. Country Club Drive
Avco.tura. FL 33180
Re; Thc Promenade Shops Shopping Center, Aventurll, Florida (the
"Center")
Gentlemen:
We und~d from Gumberg Asset Management Corp., managing agent
of the Center. that Winn-Dixie StoIes, Inc. ;8 plllllning to reopen its
Sllpermarket in the Center, subject to obtaining all applicable
gover.nmental approvals for a separate liquor store facility tc be operated
in conjunction with the supermarket. This is to inform you that we have
no objection to suc:h a store, notwifbstanding any law, code or ordinance
to the contraty, including but not limited to any of the same which may
prohibit the sale of alcoholic beverages by a place of business located less
than 2,500 teet frotn a -ce1igious facility. In this regard, we acknowledge
that our Synagogue is loeated wi1hin 2,500 feet from the proposed. liquor
state.
Sincerely,
~~
Dr. Amir Baron
Exeoutive Vice Ptesidcnt
Eugene Kessler
Vice President & Financial Secretary
Idl.
cc: David Siegel, Gumbcrg Asset Management Coxp.
20400 N.E. 30th AYeDUCl . Avcntura, Florida 33180
Telephonel 305-!l3S-0666' Flue 305-!l31-2%33
"CONSEAVAlMi~UE~T01HI1I'M\JA~CIl'J1JIlALAloIO BlU:AltcNI\I.IoI!8lSOFAVVl1UllAANO ~A.A!IlI
I~
EXHIBIT #5
02-CU-03
** TOTl'l.. PAlE.02 "'*
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE
NOTWITHSTANDING THE SPACING AND DISTANCE
REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC
BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b)
OF THE CITY CODE; FOR PROPERTY LOCATED AT 20417
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Jeff Mell for Sy Chadroff on behalf of Winn Dixie
Stores Inc., through Application No. 02-CU-03 is requesting conditional use approval to
permit a liquor package store notwithstanding the spacing and distance requirements of
Chapter 4, Section 4-2(a) and (b) of the City Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to permit the establishment of a
liquor package store in the B2 zoning district is hereby granted exclusively to the
Applicant, subject to the conditions set out in this Resolution, on property legally
described as Parts of Tracts A, Band C of the Plat of "The Promenade Shops" as
recorded in Plat Book 133, Page 39, of the Public Records of Miami-Dade County,
more particularly described in Exhibit "A" to this resolution and known as municipal
address 20417 Biscayne Boulevard.
Section 2. Approval of the request above is subject to the following conditions:
1. This approval shall be granted exclusively to Winn-Dixie Stores Inc.
Resolution No. 2003-_
Page 2
2. Building permits for this use shall be obtained within twelve (12) months of the date
of the approved resolution, or the approval granted herein shall expire, unless
extended by motion of the City Commission at the written request of the applicant.
3. The applicant shall establish the use at the same time the grocery store use is
established. This conditional use approval shall terminate in the event the grocery
store use is terminated.
4. The applicant shall obtain a liquor license for package sales only with no
consumption on premises permitted.
5. The sale of alcoholic beverages shall be terminated in the event that the City
Commission determines, after a public hearing, that the operation has created
and/or may tend to create a disturbance to the community. A public hearing shall be
set if the City Manager finds probable cause to believe that a disturbance has been
created, based upon complaints received or the City Manager's observation.
6. The applicant shall comply with the hours of operation allowed to establishments for
package sales pursuant to Section 4-3(a) and (e) of the City Code; which is between
the hours of 8:00 a.m. and 10:00 p.m., excepting that on Christmas Eve and New
Year's Eve, hours may be extended to 12:00 midnight.
Section 3. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 3
PASSED AND ADOPTED this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 5th day of February, 2003.
CITY CLERK
EXHlBIT "A!'
Tract:! "Aft, "Bll,81Jd IIC" ofthcPlatof"THBPROMENADE'SHOPS", un:c:ordedinPlatBook 133,
at Page 39, of the Public RDoords of Dade County (now~wn IS Miami-Dade County), Less Parcel
111 taken in eminent dmnA;'\ Cue #9&-05139 CA 01, and described lIS follows:
Those portions ofTIacts "A" aDd "C", THBPROMENADB SHOPS.
according tot'hePlai ~ as ~rdedin PlatBook 133, at Page 39,
of the Public R.ecotds of Miami~Dade County, Florida, in. 'the
Sau1hwest on&-quarU:r (S.W. 114) of Section 34, Township 51 South,
Rzmge .42 Ea.<rt and being lJJ,ore particularly described as follows:
Beginat the s.outhwest comer of said Tract "C"; tbenN- along the W cst
line of Tract "C"; North 03 degrees 22 _ minutes 17 seconds West a
-distance of 13.985 meters (45,88 feet); 'thence South 88 degrees 48
minutes 21 Sl::conds East adistanc:e of 36.491 meUm (119.74:&et) to
a. point of c:urnture of /J. circular curve corwave to thc:.North and
having II. raQius of 1,397.000 metexs (4,583.32 feet); ~ tun
Eastedy alOtlg the arc of said circular curve to the left through B.
cCDtrw. Bngle of 03 degrees 34 D1inutcs 23 ~ for a distance of
87.118 motlm (285.82 feet) to a point of ~ thetlce North 87
degrees 37 minutes'16 seconds East a distance of 131.452 meters
(431.27 feet); thence 'North 89 degrees 37 minutes 16 seconds East a
distance of11.3.134 mctcls (373.14fcct)~ tbe1'l<:e along thcEastline of
said Tracts"N and Ole", South 03 degrees 17 minutes 31 seconds East
a distance of 5 .024 meters (16.48 feet); thP.nt'-tl along the South line of
said Tnsot "e", South 87 degrees 37 minutes 16 m:oDds West a
distaQ(;c: of368.443 meters (1,208.80 feet) to the Point ofBeginnlng
--
APPL,,,ANT REPRESENTATIVE AFFIDA'4,.
Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land DeYelopment Code, this Applicant Representative Aflidavit is
hereby made and Slbnltted. The undersigned aoJhorized representative 01 the indvidual or entity ~ng for the OewIqlment Pemi~
which is identified in the 8CCOI1lJ8l1Ying application, and the owner 01 the property ~ect to the application (If ciIlerent) hereby nsts and
identifies all persons representing the indvi<ilal or entity applying for the OeveIopment Permit in comection with the application. as follows:
Name
Relationship (ie. .AItomeYS. Are/Jiteds. I..endscepe
Ncliiteds. Engineers. !.ritJyists. Et)
;nrOtIJ2'1
rrmWE'1
CM5utrAlJ(
MQ./JOR. $()f-vE:/
. SIft;. sut..VE'I
fffittT'/ Jl!1W1l'tf!.
I J.pN/1i.O L. (};oo k
J '5'1 U1ft()l.P F F
. _"JeFf fVJ~i{'
J .1J4ME:5 Ibm/) fYllNJ
", .fotTltJiUalJY../tS/cIL;;S
J OITVI() S/(t;~l
I .JbJ,.j1S M.. S~}M,J
5e,..:).oe.V-P, IAl.NI\3-n.\C,,,, Sio~
(Attach Adcitional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE
AFADAVlT SHAll BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE
OWNER OF THE SUBJECT PROPERTY.
WITNESS MY HAND THIS 1,- 0 DAY OF () BUnlI1fA- . 2001.-
OWNER
By: /fJ,rJ ~ e~
-ev (S/gnaw/if ~
Name: f)/W (0 S /€. C. i!J..
(PrinQ
110e: O/l'HT/J1 of Otli(t1"IO/J~
Adctess: 3zt>O jJ f:~A-I I-fltvY
~(t.f tAHJl)~tft.~ r:( ",;?"?1Pt.
N :
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110e: TT&PA/L':V .
Adctess: lr~? t(JI:; /f;sr t~~6
AI/entuftl, F( 3~/gO
. <
STATE OF flORIDA )
COUNTY OF MIAMI-DADE}
Before me the undersigned authority personally aweared 5 Y CJI AtJ R. 0 F F as the authorized representative 01 the
Applicant anellor the owner of the property ~ect to the application, who being first by me duly sworn. dd swear or affirm that he1she
executed !lis Affidavit for the purposes stated therein and that it is Irue and correct
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME !Ii;.o1Fj 01 ~/it.i .2001-
Notary of M. Large
Printed of N TEfff.:rl mB-L
MYlJ:~~ M
.. c... .' Il'DD~
... ~ EopIIS Sop. 11. 2lIll5 j
" \IanlItttI TIft
. .p}/H /driC ~ eo. Ja
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Sent Ey: RONALD L BOOK PA;
-.
3059359737;
Nov-6-0'
~ :43PM;
Page 315
BUSINESS RELATIONSHIP AFFJDAVIT*
ThIs Affidavit is made pursuant to Section 31-71 (b)(2)(Ii) of tie City of Aventln Land DevelOpment Code. The undel1lgned Affoant hereby
cftsdoses that. (ll18fl< with "It' applieable portions only)
-*
A/fianl does Il!!l haI/B a BusNss Relationsllip wilh any member 01 the City Commlsskln Ol atrf City Advisory
Board to which the application wtI be presented.
I ) 2. Affiant hereby discloses fhat tt does have a Business Relationsh~ with a member of the City Commission or a
City NJvisory Board to which the application will be presented, as foDows:
(List name of Commissioner 01' Advisofy Board Member) who serves on !he
(UsI City Commission Of City Mtisory Board l4lOf1 which member
serveS).
The nature of the Business Relationship is as follows:
[ ) i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assels or
capItaJ stock of Applicant or Representative;
[ ) n. Member of City Commission 01' Board is a par1ner, lXHlhareholder (as 10 &hares 01 a COIpOI'aIion
which are not listed on any national or regional stock exchange) or joint venturer with \he AppIic:ant or
Representative in any business venture;
[ I iii. The ~p6can1 or Representative is a Client of a member 01 \he City Commission or Board Ol a Client
of another professional working from the same office or lor \he same employer as \he member of the
City Commission or Board;
{ J iv. A City Commissioner or Board member is a Client of the ~plicant or Representative;
[) v. The AppUcanlor Representative is a Customer of the member of \he City Commission or Board (or of
his or her employer) and Itansacls more than $10.000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ) vi. The member 01 the City Convnission or Board is a Customer 01 \he Applicant or Representative and
transacts more Ihan $25,000.00 01 the busi1ess of the ~plicanl or Representative in a given
calendar year.
WITNESS MY HAND TIllS ~ DAY OF 11Q~ .2001.-
APPLlC1INT:
By: ~ -M Q.j) ;1
Name: nl=NNIS M SI:IEEl:IAN
Tille' SeRier 'AGe PreskJeRI
WITNESS MY HAND TIllS _ DAY OF
PIUlI'E11lY~:-- "~f'" AJ..
G~ .~~~~
B (Sigllature)
. (PrfnQ
llIe: ~duf"..c... fU:J 0 ~...NS (Print)
(Signa/ure)
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"The lerms "Business Relationship,' "CHent," "Customer." "~can~' "Representative" and "Interested Person" are defined kr
SecIion 2.395 of /he Aven/ulll CIty Code.
Jan 21 03 03:22p
Sent Gy: RONALD L BOOK PA;
3059359737;
Nov.6.02 ~:44PMj
p.3
Page 5/5
WITNESS MY HAND lHIS _ DAY OF
. A/fldavil)
By:
Name'
By.
By:
(Signature)
20llL
By:
Name:
(Signature
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(PIi1It)
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By:
Name:
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(Ptinl)
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By:
Name:
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(Print)
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Name: 5'/ Cu t\f\""1"F (Print) Name:
T~rtIo- _ 'fr:. ~~1 (pllnt) ~m'\":~~- Jeltiy M~U "
By: -'. V{Signalure) I. - _ ~~omm_#DO_-
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eo. _ . ;.:i E<plres Sep. 18, 2005
NO~;"ii' "-,~ ~,...lI~~Id1sd s
~'#i'it.\ JtlfJfUr~t:O:, 1iC.
2) Appllcanl$.nd Alflanl$lre Idvlsed to timely supplemenlthls A"ldavlt pursuant to Sec. 31-71(b)(2)(\v) 01 the
CIly'a Land Development Regulations In 111. CIty Code, In the event that prior to consideration 01 the eppllcation
by the City Boerd or Commission, thelnlormaUon provided In the AnldaYll btcomtslneonect or Incomplete.
(Prinl)
(SJgnature
Name:
(Print)
(PtinIJ
Sent Sy: RONALD L BOOK PA;
3059359737;
Nov-6-0~ ~:44PM;
Page 5/5
WITNESS MY HAND lHlS DAY OF
. A/fldavll)
By:
Name:
By:
Name: S'/ C+.II\f'Pt>o=F
Tltllr A-r'C~
By:
(Signature)
(Plint)
(Print)
(Signarure)
(Print)
Name: \)~<!..I"<>2."";';:'
Tille: 'fC2.1"~I~"''l s.:....~t}
By:
Name;
TIle:
(Signature)
(PIInt)
(Print)
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By:
Name:
(SVlaIUrf
(I'rfn/)
(PriIlt)
Tille:
By:
(SignallJre
(Prill/)
(Print)
Name:
Tille:
By:
Name:
(SIgnalure
(PtinI)
(prill/)
Tille:
By:
(Signature
(print)
(Print)
(Signarure
(PrInt)
(Print)
(Signature
Name:
Title:
By:
Name:
Tille:
By:
Name:
Tille:
(PrInl)
(Prill/)
NOTE: 1) Use duplicate sheets If disclosure Inlarmation far Representative varies
2) Applicants and Affiants are advised to timely supplement this Affldavlt pursuant ta Sec. 31-71(bX2Xlv) of the
Clty's Land Development Regulations In the City Code, In the event !hat prior 10 consld818l1on al the appllcatian
by the City Board or Commission, the lnlarmallon provided In the Affidavlt becomes Incorrect or Incomplete.
Sent By: RONALD L BOOK PA;
3059359737;
Nov.6.0~ ':43PM;
Page 4/5
NOTARlZAnON PROVISION
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MINUTES
CITY COMMISSION MEETING
JANUARY 7, 2003 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Manny Grossman, Patricia Rogers-Libert, Vice Mayor Harry Holzberg,
Mayor Perlow, 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.
2. PLEDGE OF ALLEGIANCE: Manuel Grife led the pledge of allegiance.
A motion was offered by Commissioner Berger, seconded by Commissioner Rogers-
Libert and unanimously passed, to address item 6 at this time.
6. CONSENT AGENDA: Commissioner Beskin requested removal of items 6B and 6H
from the Consent Agenda. A motion to approve the remainder of the Consent Agenda
was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger,
unanimously passed and the following action was taken:
A. Minutes were approved as follows:
November 12, 2002 Commission Meeting
November 21, 2002 Workshop Meeting
C. Resolution No. 2003-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION # 01-0103-024
FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN
THOMPSON AND ASSOCIATES, INC. TO PREPARE CONSTRUCTION
DRAWINGS AND SPECIFICATIONS FOR THE DEVELOPMENT OF
THE NE 31 AVENUE PARK IN THE AMOUNT OF $20,600.00;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 2003-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE
PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE
CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2003.()3 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
F. Resolution NO. 2003.()4 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 2001-76, AS
AMENDED BY RESOLUTION 2002.()1 WHICH APPROVED
APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA
COMMUNITY SERVICES ADVISORY BOARD BY AMENDING
SECTION 2 IN ORDER TO FILL A VACANCY; AND PROVIDING AN
EFFECTIVE DATE.
G. Mr. Wolpin read the following ordinance by title that was approved on first
reading:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2001/2002 FISCAL
YEAR BY REVISING THE 2001/2002 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.
I. Resolution No. 2003.()5 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. 02-12-23-10, COUNTRY CLUB DRIVE ROADWAY
RESURFACING AND STREET LIGHTING IMPROVEMENTS, TO
SOUTHEASTERN ENGINEERING CONTRACTORS, INC. AT THE BID
PRICE OF $1,765,153.16. AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
2
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.
J. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,720
FOR JUVENILE DRUG PROGRAM, TASERS AND ACCESSORIES,
PROPERTY LOCKS AND VIDEO ENHANCEMENT EQUIPMENT FROM
THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by the City Clerk.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-193(e)(1) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW MODIFICATION TO A COMMERCIAL
ADVERTISING SIGN LOCATED ON THE EAST SIDE OF THE FLORIDA
EAST COAST RAILWAY TRACKS SOUTH OF IVES DAIRY ROAD,
CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and seconded by
Commissioner Beskin. Planning Director Joanne Carr explained the request of
the applicant and entered the staff report into the record. Mayor Perlow opened
the public hearing. The following individuals addressed the Commission: John
Emer, Esq., 1101 Brickell Avenue #1400, representing applicant; Herb
Friedlander, Coronado; Jules Lipp, 20251 NE 25th Avenue; Leonard Brenner,
19355 Turnberry Way; Emil Hubschman, 3640 Yacht Club Drive; Joe Platnick,
18071 Biscayne Blvd.; Steve Hagen, 725 NE 73rd Street, Miami. There being no
further speakers, the public hearing was closed. A motion to table this item was
offered by Vice Mayor Holzberg and died for lack of a second. An amendment
was offered by Commissioner Cohen, seconded by Commissioner Berger and
passed 6-1, with Vice Mayor Holzberg voting no, to amend the Resolution to
provide a condition that the billboard will be removed within 12 years of the date
of adoption of the Resolution. The motion for approval, as amended,
passed 4-3, with Commissioner Rogers-Libert, Vice Mayor Holzberg and Mayor
Perlow voting no and Resolution No. 2003-06 was adopted.
3
The meeting recessed for 5 minutes at this time.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DENYING VARIANCE FROM SECTION 31-
75(b)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS
WHICH PROHIBITS TEMPORARY SALES OFFICES AND MODEL
HOMES AT THE PROPERTY WITHOUT AN APPROVED SITE PLAN
FOR THE PERMANENT USE WHICH IT IS INTENDED TO SERVE FOR
PROPERTY LOCATED ON NE 185 STREET, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Vice Mayor Holzberg. At the request of the applicant, represented
by Ben Fernandez, Esq., Bercow & Radell, a motion was made, seconded and
unanimously passed to defer this matter to the February regular Commission
meeting.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: (continued) The following items were removed from the
Consent Agenda and addressed separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 02-11-12-2, MUNICIPAL TRANSIT SERVICE, TO
LIMOUSINES OF SOUTH FLORIDA, INC., AT THE BID PRICE OF
$328,814.00; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE THE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Grossman, unanimously passed and
Resolution No. 2003-07 was adopted.
H. Mr. Wolpin read the following ordinance by title:
4
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002-24 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2002/2003 FISCAL
YEAR BY REVISING THE 2002/2003 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBITS "A" AND "B"
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,
seconded by Commissioner Beskin and passed unanimously by roll call
vote.
7. ORDINANCES - FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH (c)
OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF SECTION 31-143
"RMF3" DISTRICT, PARAGRAPH (e) OF SECTION 31-143 "RMF3A"
DISTRICT, PARAGRAPH (f) OF SECTION 143 "RMF4" DISTRICT,
PARAGRAPH (g) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b)
OF SECTION 31-144 "B1" DISTRICT, PARAGRAPH (c) OF SECTION 31-144
"B2" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT,
PARAGRAPH (e) OF SECTION 31-144 "OP" DISTRICT, PARAGRAPH (f) OF
SECTION 31-144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145
"TC1" DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN
ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS PERMITTED
USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL
USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. Mayor Perlow 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. 2003-01 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
5
12. PUBLIC COMMENTS: None.
13. REPORTS. As submitted.
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: 45 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.
6
The City of
Aventura
(i.
MINUTES
COMMISSION WORKSHOP MEETING
JANUARY 23,200310:00 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 10:00 a.m. by Mayor Jeffrey M. Perlow. Present
were Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Patricia Rogers-
Libert, Vice Mayor Harry Holzberg, Mayor Perlow, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. Commissioner Arthur
Berger was absent due to illness. As a quorum was determined to be present, the
meeting commenced.
2. COUNTRY CLUB DRIVE BEAUTIFICATION: City Landscape Architect William
O'Leary provided plans for landscaping and irrigation improvements for Country
Club Drive.
CITY MANAGER SUMMARY: Consensus to proceed.
1. TRANSIT SERVICE ENHANCEMENT. EXPANSION AND IMPROVEMENTS
REPORT: Mr. Soroka presented a powerpoint presentation outlining an overview
of this report.
CITY MANAGER'S SUMMARY: Consensus to proceed and consider for formal
approval at February 4, 2003 Commission meeting.
3. COMMUNITY RECREATION CENTER DEDICATION: Mr. Soroka provided a
proposed program for the dedication ceremonies scheduled for February 23, 2003.
CITY MANAGER'S SUMMARY: Consensus to approve.
5. ROTATING ART PROGRAM: Mr. Soroka requested input from the Commission as
to the continuation of this program.
CITY MANAGER SUMMARY: Consensus to proceed with art in Government
Center, expand program to Community Recreation Center and direct Community
Services Advisory Board to recommend marketing strategy.
4. OFFICE BUILDING SIGNAGE: At the Commission's request during the November
21, 2002 Workshop meeting, Joanne Carr, Community Development Director,
reviewed the City of Miami Code and discussed possible amendments to the City's
regulations.
CITY MANAGER SUMMARY: Consensus to proceed with revisions as suggested
by staff and discuss further at next appropriate Commission meeting.
Mrs. Soroka discussed her meeting with Miami-Dade County Supervisor of Elections
David Leahy and reviewed the anticipated procedures for the March 4, 2003
election. It was the consensus of the Commission to provide early voting for
residents on Saturday and Sunday, March 1st and 2nd from 10 a.m. - 5 p.m. at
Government Center.
6. ADJOURNMENT: There being no further business to come before the Commission
at is time, after motion made, seconded and unanimously passed, the meeting
adjourned at 11 :55 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2003.
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
AGENDA ITEM 6-C
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA ECONOMIC DEVELOPMENT ADVISORY
BOARD FOR A ONE-YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 2-151 of the Aventura City Code provides for the creation of
the Economic Development Advisory Board; and
WHEREAS, the term of office for Board members appointed to one-year terms
expires on February 5, 2003; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Economic Development Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Economic Development
Advisory Board for a term of one year:
Elaine Adler
Sam Blasi
Gary Cohen
Dr. Harris Friedman
William Koppel
Russell Rice
Dr. Barry Silverman
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
DATE:
FROM:
SUBJECT: Resolution Declaring Equipment Surplus
February 4, 2003 City Commission Meeting Agenda Item k b
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property as surplus to the needs of the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01146-03
RESOLUTION NO. 2003-_
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 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibits "A" and "8" has been declared
surplus and is hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibits "A" and "8" through a public auction, sale, trade-in, transfer to other
governmental agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Exhibit A
Original
Asset # Make Model SIN Cost
188 Gatewav 2100 BC096431419 $3,714.00
323 Toshiba 500CDT 9644127 $2,945.49
324 Toshiba 500CDT 12615485 $2,945.49
325 Toshiba 500CDT 9650581 $2,945.49
326 Toshiba 500CDT 9646501 $2,945.49
327 Toshiba 500CDT 12694309 $2,945.49
328 Toshiba 500CDT 12615545 $2,945.49
329 Toshiba 500CDT 12615705 $2,945.49
330 Toshiba 500CDT 12615535 $2,945.49
331 Toshiba 500CDT 12615721 $2,945.49
332 Toshiba 500CDT 12615479 $2,945.49
333 Toshiba 500CDT 12615523 $2,945.49
334 Toshiba 500CDT 12615547 $2,945.49
335 Toshiba 500CDT 12615559 $2,945.49
336 Toshiba 500CDT 12615738 $2,945.49
337 Toshiba 500CDT 12694290 $2,945.49
338 Toshiba 500CDT 12694307 $2,945.49
339 Toshiba 500CDT 12615551 $2,945.49
340 NEC 2650CDT 417060400 UNK
341 Toshiba 500CDT 12615507 $2,945.49
342 Toshiba 500CDT 9642985 $2,945.49
343 Toshiba 500CDT 12694286 $2,945.49
344 Toshiba 500CDT 12615708 $2,945.49
347 Toshiba 500CDT 4723691 $2,945.49
348 Toshiba 500CDT 11680744 $2,945.49
349 Toshiba 500CDT 12615541 $2,945.49
353 Toshiba 500CDT 4723719 $2,945.49
613 Toshiba 500CDT 4723435 $2,945.49
LAPTOP SURPLUS INVENTORY
614 Toshiba 500CDT 12615686 $2,945.49
615 Toshiba 500CDT 11680734 $2,945.49
616 Toshiba 500CDT 9645872 $2,945.49
617 Toshiba 500CDT 11680724 $2,945.49
618 Toshiba 500CDT 11680717 $2,945.49
619 Toshiba 500CDT 4723711 $2,945.49
620 Toshiba 500CDT 11680738 $2,945.49
621 Toshiba 500CDT 9644735 $2,945.49
623 Toshiba 500CDT 12694300 $2,945.49
624 Toshiba 500CDT 11680727 $2,945.49
626 Toshiba 500CDT 4723528 $2,945.49
627 Toshiba 500CDT 11680723 $2,945.49
628 Toshiba 500CDT 12615478 $2,945.49
629 Toshiba 500CDT 11680768 $2,945.49
630 Toshiba 500CDT 11680697 $2,945.49
708 Gateway 2300 BC498200588 $3,291.00
709 Gateway 2300 BC498200591 $3,291.00
710 Gateway 2300 BC498200601 $3,291.00
712 Gatewav 2300 BC498200602 $3,291.00
784 Gateway 9100 BC397431434 $3,799.00
851 Toshiba 4020CDT Y8205958A $2,562.91
852 Toshiba 490XCDT Y8207546A $2,380.04
870 Toshiba 4020XCDT Y8207302A $2,380.04
871 Toshiba 4020XCDT Y8207545A $2,380.04
872- Toshiba 4090CDT 79839755A $2,269.89
950- Toshiba 8100 90925909U $2,489.00
971- Toshiba 8100 90925949U $2,489.00
973** Toshiba 8100 90925833U $2,489.00
1225- Toshiba 1750 214066600 $1,162.00
Toshiba 500CDT 9642856
Toshiba 490CDT 78860354A
ASSET TAG
0266
NONE
0143
"EXHIBIT B"
City of Aventura _ _ _
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Page 5 of 5
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
tAl;MOMNDYM
DATE: January 24,2003
SUBJECT: Bid No. 03-01-21-2, NE 190th Street Drainage Improvements
TO:
FROM:
BY: ojects Manager t:t./d
February 4, 2003 City Commission Meeting Agenda Item b E:-
RecommendJ.tion
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 03-01-21-2, NE 1901ll Street Drainage Improvements to the lowest responsible
and responsive bidder, Intercounty Engineering, Inc. for the price of $128,554.00. This
project is included in the Capital Improvements Program.
packaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on January 21, 2003. The City received three (3) bids for this
project. The bids submitted are as follows:
Intercounty Engineering, Inc.
Horizon Contractors, tnc.
Williams Paving Co., Inc.
$128,554.00
$158,805.00
$281,013.00
The project is being done to substantially reduce the amount of standing water
encroaching onto NE 190th Street during and after storm events. This bid price allows
for the cleaning and re-drilling of four existing wells on NE 190th Street to increase the
current storm sewer capacity. In addition, those wells will be connected to each other to
improve the overall efficiency of the system.
City Commission
February 4,2003
Page 2
If you have any questions or need any additional information, please feel free to
contact me.
AFT
Attachments
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 03-01-21-2, NE 190TH STREET DRAINAGE
IMPROVEMENTS, TO INTERCOUNTY ENGINEERING, INC. AT THE
BID PRICE OF $128,554.00. AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 03-01-21-2, Intercounty
Engineering, Inc.; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Intercounty Engineering, Inc., has
submitted the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 03-01-21-2, NE 1901h Street Drainage
Improvements, is hereby awarded to Intercounty Engineering, Inc. in the amount of
$128,554.00.
Resolution No. 2003-_
Page 2
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from
Community Services Budget Line Item Numbers 410-5001-538-6306.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 3
PASSED AND ADOPTED this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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840095
SECTION 00432
BID BOND
STATE OF FLORIDA )
)
COUNTY OF DADE )
NOW ALL MEN BY THESE PRESENTS, that we. Intercounty Enqineerinq. I.n~.
Principal. and Mid S tat e Sur e t y Cor p 0 rat ion . as Surety. are held and finnly
bound unto the City of Aventura. a municipal corporation of the State of Florida in the sum of
Five Percent of Bid Amount Dollars ($ 5% of Bid Amount ).Iawful
money of the United States. for the payment of which sum well and truly to be made. we bind ourselves,
our heirs. executors. administrators and successors jointly and severally. firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH lilat whereas the Principal has submitted the
accompanying Bid. dated J a n u a r y 2 1 , 20-.2l
for: R e - D r ill i n g 0 f F 0 u rEx i s tin g Dr a i nag eWe 1 1 san dIn s tal 1 a t ion
of Approximatelly 179 ft. of 15" RCP Including Drainage Connection
WHEREAS. it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond & Res tor a t i
in the amount of five percent (5 %) of the Base Bid be submitted with said Bid as a guarantee that the
BIDDER would, if awarded the Contract, enter into a wrinen Contract with the City for the performance of
said Contract, within ten (10} consecutive calendar days after written notice having been given of the
. Award of the Contract.
NOW, THEREFORE. the conditions of this obligation are such that if the Principal within ten
(IO} consecutive calendar days after written notice of such acceptance, enters into a written Contract with
the City of Aventura and furnishes the Performance and Payment Bonds. satisfactory to the City, each in an
amount equal to one hundred percenr (100%) of the Conrract Price, and provides all required Certificares
of Insurance. then this obligation shall be void: Otherwise the sum herein stared shall be due and payable to
the City of Aventura and the Surety herein agrees 10 pay said sum immediately. upon demand of tne City.
in good and lawful money of the United States uf Ameflca, as liquidated damages for failure thereof of said
Prine ipaL
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals
this U, day of J a n u a r y , 20.-Jllhe name and the
corporate seal of each corporate party heing hereto affixed and these presents being duly signed by its
N. E. 190'" Street Drainage Improvemems
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00432 ' I
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undersigned represenlative.
IN PRESENCE OF: pi1~
Intercounty Engineering, In .
(Individual or Partnership Principal)
(Impress Seal)
I925 NW 18 Street
(Business Address)
Pompano Beach, Fl 33069
(City IStatelZip)
954-972-9800
(Business Telephone)
954-974-0042
(Business Facsimile)
ATT~EST:
v
Seer (Corpor3te Surety)'
M~tate s~ety Corporation
By: G- \'"7__
obert Barra Attorney In Fact
'Impress Corporate Seal
IMPORTANT
Surety companies executing bonds must appe3f on the Treasury Department's most current list (circul3r
570 as amended) and be authorized to transact business in rhe State of Florida.
END OF SECTION
N. E. 190~ Street Drainage Improvemenls
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00432 - 2
MID-STATE SURETY CORPORATION
N~ 840095
GROSSE POINTE FARMS, MICHIGAN 48236
POWER OF ATTORNEY
Know All Men By These Presents:
That the MID-STATE SURETY CORPORATION. a corporation of the State of MICHIGAN. having its principal office in the City of Grosse Pointe
Farms, Michigan, pursuant to authority granted by a resolution of its Board of Directors, which reads as follows:
The President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys-in-fact, as the
business of the Corporation may require, and to authorize such attorneys-in-fact, and each of them to execute on behalf of the Corporation, any
bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers
as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary or any
Vice President to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto. any third
party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or
Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment. "
does hereby nominate, constitute and appoint
Robert Barra - Bob Barra Bonds, Inc.
its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed.
Any and all bonds in an amount not exceeding $10,000,000.00 in any single instance. for or on behalf of this Company. in its business and in
accordance with its charter, and to bind MID-STA TE SURETY CORPORA TION, thereby, and all of the acts of said Attorney-in-Fact, pursuant
to these presents, are hereby ratified and confirmed.
IN WITNESS WHEREOF, MID-STATE SURETY CORPORATION of Grosse Pointe Farms. Michigan, has caused these presents to be signed by
its proper officer
and its corporate seal to be hereunto affr.xed this 28th day of June
'ATE SURETY CORPORATION
JOHN J BARRY, PRESIDENT
STATE OF MICHIGAN. COUNTY OF WAYNE
On this 28th day of June . A.D. 20 JlfL personally came before me JOHN J ARRY, to me /mown to be the individual and officer of
the MID-STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan. who executed the above instrument, and ac/mowledged the
execution ryf the same. and being by me duly sworn. did severally depose and say: that he is the said officer of the Corporation aforesaid and the
seal affr.xed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly
a.ff1.Xed and subscribed to the said instrument by the authority of the Board of Directors of said Corporation.
Gail Trevor
Notary Public Macomb County, MI
Acting in Wayne County, Mt Notary Public
My Commission Expires
August 2, 2001 /l . -1 '7. -,r ~ /
Commission Expires ~).Q..T ex:- ~
I. the undersigned. Vice President of the Mid-State Surety Corporation of Grosse Pointe Farms, Michigan. a Michigan corporation. DO HEREBY
CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore that the provisions of the By-Laws
of the company and the Resolutions of the Board of Directors set forth in the Power of Attorney, are still in force.
~~/
Signed and sealed in the City of Grosse Pointe Farms this.!.i- day of J a n u a r y
(Seal)
:~fJJOeX 2 0 0 3
/,/d 6'~4J
JOSEPH A. 5f5 , CE ESIDENT
SECTION 00410
BID FORM
THIS BID IS SUBMITTED TO:
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
BID FOR: N.E. 190" Street Drainage Improvements
BID No: 03-01-21-2
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The
City of A ventura in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
1. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid
Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening.
BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by
the Bidding Requirements within ten days after the date of City's Notice of Award.
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged.)
Addendum No.
Addendum No.
Addendum No.
Dated:
Dated;
Dated:
(b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Law and Regulations that in any manner
may affect cost, progress, performance or furnishing of the Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (c) above) which pertain to the subsurface
or physical conditions at the site or otherwise may affect the cost, progress, performance, or
furnishing of the Work at the Contract Price, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, and no additional
examinations, investigations, explorations, tests, reports or similar information or data are
or will be required by BIDDER for such purposes.
N.E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00410 - 1
(e) BIDDER has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities.
No additional examinations, investigations. explorations, tests, reports or similar
information or data in respect of said Underground Facilities are or will be required by
BIDDER in order to perform and furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents.
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(t)
BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests. reports and studies with the terms and conditions of the Contract
Documents.
(g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it
has discovered in the Contract Documents and the written resolution thereof by Consultant
is acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization, or corporation; BIDDER has not directly or indirectly
induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other BIDDER or
over the City.
3.
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of
the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation
and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted
to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the
scope of Project after the Contract Date.
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As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and
services necessary to provide a complete in place Project for the Bid Price of:
c0"~ H" ""~~ ~ t"" u:]: 7, ~ y it," ""-"^
d ,~I t:. ~ l "'.1 f)(1...,J .{ ~,l4, l'h.l~ . dollars and
~ \
-:2. C;:(l.e cents LUMP SUM
(Written Total Bid Price - From Schedule Of Values)
,..-'
BIDDER agrees that the work will be complete in full within 120 calendar days from the date
stipulated in the Notice to Proceed.
N.E. 190'" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00410-2
,"-,
,
4. Communications concerning this Bid shall be addressed to:
'"
BIDDER:
Address:
Telephone
Facsimile Number
Attention:
5. The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract documents have the meanings assigned to them in the
General Conditions.
~
SUBMITTED THIS DAY ~ ~ 20 () 3
N.E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00410 - 3
SCHEDULE OF VALUES
FOR LUMP SUM
CONTRACT
GENERAL REQUIREMENTS
Item Quantity Description Unit Unit Price Extended Cost
1 Mobilization L.S. $ 1.3).:co.,.....- $ 13)500. ---
'0"
2 179 Provide and Install 15" RCP Drainage L.F. $ "L"i. ..- $ '1) '6 'is/--
Culvert
3 4 Clean and Re-drill Existing Drainage Well EA. $ /).f).5to. /" $ '10, ()(JO. ,.-
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4 108 Pavement Restoration S.Y. $ d.~. r $ 31 0;)</. r
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5 Restore Existing Landscaped Median L.S. 1> )}8!"1(). /' of. ..? J 900. "..-
] 6 290 Concrete Apron Repair S.F. $ I~.~ $ 4 J ro t;o. ,.....-
7 40 Remove and Replace Type 'F' Curb & L.F. 1> le/ ~ '1:JO. ,.....-
Gutter
8 4 Core and Connect to Existing Structure EA. $JI<000.r $ 4-; ()()t:>. ,.,.,-
9 I Indemnification L.S.. $ 25.00 $ 25.00
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N . E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 0/-0103.022
00410 - 4
BID SUMMARY
TOTAL VALUE OF THIS BID
$
If BIDDER is:
AN INDIVIDUAL
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By:
(SEAL)
(Individual's Name)
doing business as:
, J Business address:
Phone No:
Facsimile No:
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N.E. 190'" Street Drainage Improvements
: City of Aventura Bid No. 03-01-21-2
..1 CT&A Project No. 01-0103.022
00410 - 5
SIGNATURE PAGE FOR A PARTNERSIDP
By:
(Firm's Name)
, ,
(General Partner)
Business address:
Phone No:
Facsimile No:
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N. E. 190'" Street Drainage Improvements
! City of Aventura Bid No. 03-01-21-2
~.J CT&A Project No. 01-0103,022
00410 - 6
(SEAL)
SIGNATURE PAGE FOR A CORPORATION
By:
JrJ+r:rLC"(~u,.j+,-,\ CtJc {~7ctfl.I~G;C;C- '
\:" . t (Corporation Na e)
-tlo(2...1 DA
(State of Incorporation)
\v\ \C S
~ (N;ffie of erson Authorized to Sign)
ffis.\!);. ~-t
(Title)
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By:
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(Corporate Seal)
Attest:
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(President)
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Bwm.."dd,,," ~~ (~l:i:l ?0~~9
Phone No: C9.51..j) <i I{d~9&00 Facsimile No:GS<V 9'7 tf-<.b Y'l..
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N.E. 190ili Street Drainage Improvements
. ! City of Aventura Bid No. 03-0[-21-2
c.) CT&A Project No. 01-0103.022
00410 - 7
SIGNATURE PAGE FOR A JOINT VENTURE
(Each joint venture must sign. The matmer of signing for each individual, partnership and corporation
that is a party to the joint venture should be in the manner indicated above.)
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N.E. 190ili Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00410 - 8
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
~. ~
STATE OF \f:. )
) SS:
COUNTY OF ~Q.~uJ"'~ )
,....,.
I REBY CERTIFY that a meeting of the Board of Directors of & L.) tr.lli'l'\ll~ f~G.I~(~ru,)G;
c.. / I
a corporation existing under the laws of the State of , held on 0 \ ~ .!J I -
, 20 0 3 , the following resolution was duly passed and adopted:
e j
"RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated,
(:) f - !) I ~ ,20~, to the City of Aventura and this corporation and that their execution
thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the
official act and deed of this Corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this
;J.I , day of ..3' ~1.lA.fl-.I .20.Q.;L.
t
Secretary: ~~
N.E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-0[-2[-2
CT&A Project No. 01-0103.022
00410 - 9
-';
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
STATE OF
SS:
COUNTY OF
I HEREBY CERTIFY that a meeting of the Partners of the
a corporation existing under the laws of the State of
, 20 , the following resolution was duly passed and adopted:
, held on
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"RESOLVED, that, , as
hereby authorized to execute the Bid dated, 20
partnership and that their execution thereof, attested by the
shall be the official act and deed of this Partnership."
:l
of the Partnership, be and is
, to the City of Avenmra and this
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
20
, day of
Secretary:
(SEAL)
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N .E. 190'" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00410 - 10
CERTIFICATE OF AUTHORITY
IF JOINT VENTURE
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Principals of the
a corporation existing under the laws of the State of , held on
, 20 , the following resolution was duly passed and adopted:
"RESOLVED, that, as oftheJoint
Venture be and is hereby authorized to execute the Bid dated, 20_, to the City of Aventura
~ I official act and deed of this Joint Venture. "I further certify that said resolution is now in full force and
I effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
. day of
,20
Secretary:
(SEAL)
END OF SECTION
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N.E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00410-11
SECTION 00420
AWARD PREFERENCE
FOR
IDENTICAL TIE BIDS
Whenever two or more Bids which are equal with respect to price. quality, and service are received by the
State or by any political subdivision for the procurement of commodities or contractual services. a Bid
received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids will be followed if
none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under Bid a
copy of the statement specified in subsection (I).
In the statement specified in subsection (I), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
1
. J Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free workplace through implementa!ion of this
section.
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As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
VENDOR'S SIGNATURE:
,~
END OF SECTION
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N. E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
. " CT&A Project No. 01-0103.022
00420 - I
SECTION 00434
LIST OF PROPOSED SUBCONTRACTORS
BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract.
CLASSIFICATION
OF WORK
NAME AND ADDRESS
OF SUBCONTRACTOR
EXCA V A TION
WELL DRILLING
UTILITIES/DRAINAGE
PAVING
LANDSCAPE
MATERIAL TESTING
~ [::jf;~ ""S~,..r~
IJIA
'f::"~f ~~ t~i,jr.
LI\~.
This is not an order
END OF SECTION
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N.E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00434 - 1
SECTION 00450
BIDDER QUALIFICATION STATEMENT
The BIDDER's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation
and Contractor selection.
1. Number of similar Projects completed with a contract price in excess of $15.000.00:
a) In the past 5 years 3
On Schedule -.3
Original contract price overrun average % 0
b)
In the past 10 years H .3
On Schedule .31
Original contract price overrun average %
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List last three (3) completed Projects with a contract price in excess of $15,000.00.
Project Name ~~""~,.- .~<;..... .......-h
Owner Name L !l_~' ~<;"Ae,\..
ownerAddress_n~~ 'r\l,fB.~"S ~
t'~~... _Ac.1... _' 330' I
Original Contract Completion Time (Days) '-jJ
Original Contract Completion Date I ~ . ~ '" - 0 ~
Actual Final Contract Completion Date I:) . '2..;J ~ Q::J,
Original Contract Price / S L (., e '"i C) a
Actual Final Contract Price J sy~ 'loll. . q'l
Project Name NoM -ll C~,,~ "'i. \)o.\~f r....k.I1A.~
Owner Name ~ "'....pAM\ \I.~,Ac
Owner Address ..1101 N.'t:. Sf' ct~
Po ""'~"'a lk~ t 330 'I
Original Contract Completion Time (Days) / (PI!) DAi c:.
Original Contract Completion Date 0 J -;) 1 - 0 '3
Actual Final Contract Completion Date r!f1 ~ .:2 (J - O,J
Original Contract Price l> LJ IS. S/O,110
Actual Final Contract Price .lj. L.J:':O; OM . I'm
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Project Name R L. I 5bA'1...s1
Owner Name
Owner Address
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N.E. 190'" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00450 - I
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2. Current workload - Projects in excess of $300.000.00
Project Name Owner Name
G~~:~J::4-~~~~J~:t ~~:::~~
Contract Price
~Sa~l/lOo./
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3. The following information shall be provided for this project.
a) Estimated total construction man-hours '7 0 '-f
b) Percent man-hours to be performed by Contractor's permanent staff 7 If) <-{
c) Permanent man-hours to be performed by direct hired employees for this project
'lll.'-f
d) Percent man-hours to be performed by Subcontractors :J-5?J
4. The following information shall be attached to the bid.
a) Contractor's home office organization chart.
b) Contractor's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site superintendent.
5. List and describe any:
a) Bankruptcy petitions filed by or against the BIDDER or any predecessor organizations, I{li
b) Any arbitration's or civil or criminal proceedings or -.J!)r.
c) Suspension of contracts or debarring from bidding by any public agency brought against the
BIDDER in the last five (5) years. tJ(A
6.
Governmental References:
"
List other Governmental Agencies or Quasi-governmental agencies for which you have done
business within the past five years.
Name Of Agency: C\*~~ ~-f. l...Au~.oJS
Address: I M 1),.,;,0, L .",.D.-u ~ \...A<.. f,l.
Telephone No. ~ - I~ I ~ .s-oS'9
Contact Person: Ol..l~
Type Of Project: }.JE IGo ].:..... ~c;.....l.-"
Name Of Agency: C~I. 0 p...~l..A"'~ MIL..
Address: .3.bSb '. 0." A\I... C9 I<.....NJ Q.M.'I.. :jX. 33s;j~
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N.E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00450 - 2
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Telephone No. 'i5y-.f;" -&')~'
Contact Person: .::r l.M 04...11'.1
Type Of Project: ~
Name Of Agency: SfJ\ ~
Address: 1.00 !-t. . A.. is. "A~
Telephone No. ~7./ - ~'7. "21 0 0
Contact Person: Si ~ L.~c.,~
Type Of Project: M~fr:~.,..; sf,...f.iJ 1 J~ (Joe /..,. of go" tMCh.......:,
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END OF SECTION
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N.E. 190'" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00450 - 3
SECTION 00454
NON-COLLUSION AFFIDAVIT
State of
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)
County of &~~
(I)
"^ Nl\.\CSi ~.:\~~ being first duly sworn, deposes and says that:
He/.9+le/TWy is/al'!!ll'flo!e BLD
(Owner, Partner, Officer, Representative or Agent) of iJ tJol
the BIDDER that has s
c-.
(2) He/Sfte/TRey is/<!lle fully informed respecting the preparation and contents of the attached Bid and
of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
. (4) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a
collusive or sham Bid in connection with the Work for which the attached Bid has been submitted;
or to refrain from bidding in connection with such Work; or have in any manner, directly or
indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER,
firm, or person to fix any overhead, profit, or cost elements of the Bid or of any other BIDDER,
or to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any other
BIDDER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any
advantage against (Recipient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other
of its agents, representatives, owners, employees or parties in interest, including this affiant.
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N.E. 190'" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00454 - I
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Signed, sealed and delivered
in tprek
PJ7[\ ~~Un.N
(Printed Name)
B, i~
-X ~&\CI~li1>'^"'h
(Title)
ACKNOWLEDGMENT
State of Florida
County of: ~""'A-I\.
On this the ";>J 1\ day of JAAl\),44.., , 20~, before me, the undersigned Notary Public 0 f
The State 0 f Florida, personally appeared I MM~\Ct i-Lt "'~ and
(Name(e) of individual(.) who appeared before notary) whose ~e'" IS/...., Subscnbed to the wtthm
instrument, and he/slte/taey acknowledge that he/./titey executed it
WITNESS my hand
and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
as
,):!l( Personally known to me, or
o Personally identification:
IV/,J .
(Type of Identification Produced)
o DID take an oath,
or
':g[ DID NOT take an oath.
OPTIONAL INFORMATION:
Type Of Document: Jt~/J.r.;H Number of Pages: 2..
/]I~~,f;/"..t#/4',id .
Number of Signatures Notarized:
END OF SECTION
N.E, 190'" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No, 01-0103.022
00454 - 2
SECTION 00456
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or
affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a
Bid on a Contract with a public entity for the construction or repair of a public building or public Work,
may not submit bids on leases of real property to a public entity, may not be awarded to perform Work as a
Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017,
FS for thirty six months from the date of being placed on the convicted vendor list".
CONFLICTS OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes.
BIDDER's must disclose with their Bids, the name of any officer, director, partner, associate or agent who
is also an officer or employee of the City of Aventura or it's agencies.
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N. E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00456 - 1
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SWORN STATEMENT PURSUANT TO SECTION 287. 133 (3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER ~ATHS.
1. This swor statement is 5lIbmit,ted to, C r-t1 01 jJ, 1/[ /o.rfu/l..A by
T ~>!> 'i...lG./IIlit' ..)" Ie!.. for
whose business addre is 1'110. /9 "'sf.
and (if applicable) its Employer
Identification Number (FEIN) is ~~...p,55~ (IF the entity had no FEIN,
include the Social Security Number of the individual signing this sworn statement:
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United States, including, but not limited to, any Bid or Contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in Para. 287. 133(l)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trail court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of
guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Para. 287. 133(1)(a), Florida Statutes, means:
I. A predecessor or successor of a person convicted of a public entity crime: or
2.
Any entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executors, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prime facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
N.E. 190" Street Drainage Improvements
City of Avenrura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00456 - 2
5. I understand that a "person" as defmed in Para. 287. 133(1)(e), Florida Starutes, means any narural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of
goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "persons" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Indicate which statement applies.)
~ Neither the entity submitting this sworn statement, nor any of it's officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
l
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity or an affiliate of the entity has been charged with and convicted of a public
entity crime subsequent to July I, 1989.
.1
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity or an affiliate of the entity has been charged with and convicted of a public
entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a
Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order
entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the
Final Order entered by the Hearing Officer determined that it was not in the public interest to place
the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final
order. )
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N.E. 190m Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00456 - 3
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTES, FOR
CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
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By:
-.
04,' Mr
CU.
(Title)
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Sworn to and subscribed before me this
Notary Public - State of: R.
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day Of.jAJJ~ 20 /) $
(Printed, typed, or st
')i!!!Personally known to me:
Or
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o Produced Identification
(Type of Identification Produced)
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END OF SECTION
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N.E. 190" Street Drainage Improvements
City of Aventura Bid No. 03-01-21-2
CT&A Project No. 01-0103.022
00456 - 4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, IC
City Manager
TO:
City Commission
BY:
Susan L. Trevarthen
Attorney, Weiss Serota Helfman Pastoriza & Guedes
Kathryn Wilbur
Consultant, Creative Land Development Services, Inc.
DATE: January 27,2003
SUBJECT: Resolution Approving and Authorizing Execution of an Interlocal
Agreement with Twenty-four Other Nonexempt Municipalities,
Miami-Dade County (County), and The School Board of Miami
Dade County, Florida (School Board), as required by
9163.31777 and 91013.33, Florida Statutes
February 4, 2003 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission:
(1) approve an Interlocal Agreement (Agreement) with terms and
conditions substantially as described herein, between the City, Twenty-
four Other Nonexempt Municipalities, the County, and the School
Board, as required by 9163.31777 and 91013.33, Florida Statutes;
(2) authorize the City Manager to transmit the Agreement to the School
Board, with additional recommendations for consideration, and;
(3) authorize the City Manager to execute the Agreement if no substantive
modifications are required.
Page 1 of 11
BACKGROUND
The policy of the state of Florida is to require the coordination of planning
between school boards and local governing bodies so that plans for the
construction and opening of public educational facilities are facilitated and
coordinated in time and place with plans for residential development. This
policy provides that such planning include the integration of the educational
facilities plan and applicable policies and procedures of a school board with
the local comprehensive plan and land development regulations of local
governments. In its 2002 session, the Florida Legislature strengthened this
policy by enacting new growth management legislation. These new laws,
~163.31777, Florida Statutes, and former ~235.193, Florida Statutes, as
amended (now ~1013.33, Florida Statutes), fequire the school board, county,
and nonexempt municipalities within the county to enter into an interlocal
agreement by a specified date that jointly establishes the specific ways in
which the plans and processes of the district school board and the local
governments are to be coordinated.
At a minimum, the interlocal agreement must address the following issues:
(a) A process by which each local government and the school board
agree and base their plans on consistent projections of the amount,
type, and distribution of population growth and student enrollment.
(b) A process to coordinate and share information relating to existing and
planned public school facilities, including school renovations and
closures, and local government plans for development and
redevelopment.
(c) Participation by local governments with the school board in the
process of evaluating potential school closures, significant renovations
to existing schools, and new school site selection before land
acquisition. Local governments shall advise the district school board
as to the consistency of the proposed closure, fenovation, or new site
with the local comprehensive plan, including appropriate
circumstances and criteria under which a district school board may
request an amendment to the comprehensive plan for school siting.
(d) A process to determine the need for and timing of onsite and offsite
improvements to support new construction, proposed expansion, or
redevelopment of existing schools.
(e) A process for the school board to inform the local government
regarding school capacity, and for the school board to identify how it
will meet the public school demand based on the facilities work
program.
(f) Participation of the local governments in the preparation of the annual
update to the school board's 5-year district facilities work program and
educational plant survey.
Page 2 of 11
(g) A process for determining where and how joint use of either school
board or local government facilities can be shared for mutual benefit
and efficiency.
(h) A procedure for dispute resolution.
(i) An oversight process, including an opportunity for public participation,
for the implementation of the interlocal agreement.
Pursuant to the schedule imposed by statute, the School Board must enter
into interlocal agreements with nonexempt municipalities in Miami-Dade
County by March 1, 2003. The failure of any party to execute an agreement
by this date may subject that party to penalties as provided in statute. Since
August 2002, the City has been actively involved in reviewing the School
Board's draft agreements and bringing municipal issues to the forefront. As a
result, in the past two months, School Board staff has worked earnestly with
the Cities, the County, the Department of Community Affairs (DCA), the South
Florida Regional Planning Council (RPC), and the residential construction
industry to develop a single interlocal agreement to which all local
governments and the School Board could join as parties, as is encouraged by
statute. As a result of its lead role in this process, the City has been
instrumental in negotiating a consensus agreement that substantially
addresses municipal issues and concerns.
At its January 15, 2003 meeting, the School Board approved an Interlocal
Agreement and authorized the School Board Superintendent
(Superintendent) to disseminate this Agreement to local governments for
review and action by their respective governing body. The School Board
further authorized the execution of the Agreement if no substantive
modifications were required. If substantive modifications are received from
local governments, School Board staff will revise the Agreement as
appropriate, and submit same to the School Board for consideration at its
February 12, 2003 meeting.
As a result of the City's involvement throughout this process, the terms and
conditions of the School Board-approved Agreement are substantially
acceptable. However, it is recommended that certain terms and conditions be
modified to resolve remaining areas of concern, including substantive
changes made to the Agreement as late as January 15, 2003. The major
points of the Agreement, including those terms and conditions for which
modification by the City is recommended, are described below. These
modifications are further detailed in the attached Agreement that is being
recommended for approval by the City.
Page 3 of 11
Acceptable terms and conditions include:
. The Agreement shall become effective upon execution by the City and
the School Board, and shall remain in full force and effect for a period
of five (5) years from the effective date. The execution of the
Agreement by each local government shall make it effective as to that
local government. The Agreement may be extended upon the mutual
consent of the parties to this Agreement for an additional five (5) years,
on the same terms and conditions as provided herein, provided
that the party seeking an extension gives written notice to the other
parties of such intent to extend no later than one (1) year prior to the
expiration of the then current term, and the other parties agree in
writing to such extension. Extensions shall be valid as to those parties
consenting in writing thereto, even if not all parties so consent.
. The parties to the Agreement will be the County, the twenty-five (25)
nonexempt municipalities which include the City of Aventura; Town of
Bay Harbor Islands; City of Coral Gables; Village of EI Portal; City of
Florida City; City of Hialeah; City of Hialeah Gardens; City of
Homestead; Village of Indian Creek; Village of Key Biscayne; City of
Miami; City of Miami Beach; Town of Miami Lakes; Miami Shores
Village; City of Miami Springs; City of North Bay Village; City of North
Miami; City of North Miami Beach; City of Opa-Locka; Village of
Palmetto Bay; Village of Pinecrest; City of South Miami; City of Sunny
Isles Beach; City of Sweetwater; and the City of West Miami; and the
School Board.
. A staff working group comprised of the City Mayors and/or their
designees, the County Mayor/Manager and/or designee, and the
Superintendent and/or designee (Superintendent) will meet on at least
a semi-annual basis to discuss issues and formulate recommendations
regarding public education in the School District and coordination of
land use and school facilities planning. Such issues may include
population and student projections; development tfends; a work
program for five, ten and twenty year intervals and its relationship to
the local government comprehensive plans, particularly as it relates to
identification of potential school sites in the comprehensive plan's
future land use map series; school needs; collocation and joint use
opportunities; and ancillary infrastructure improvements needed to
support and ensure safe student access. Representatives from the
RPC, the Latin Builders Association (LBA) and the Builders
Association of South Florida (BASF) will be invited to attend and
participate. The initial meeting of the working group shall be held within
60 days from the date of execution of the Agreement and shall be
coordinated by the Superintendent.
Page 4 of 11
. The Superintendent shall coordinate an annual joint workshop session
and invite one or more representatives of the governing body of each
City or their designee(s), the County Commission or their designee(s),
and the School Board or their designee(s). The workshop sessions will
provide opportunities for the parties to hear reports, discuss policy, set
direction, and reach understandings concerning issues of mutual
concern regarding public education and the coordination of land use
and school facilities planning, including population and student growth,
development trends, school needs, off-site improvements, school
capacity, school funding, options to reduce the need for additional
permanent student stations, and joint use opportunities
. The School Board, Cities and the County agree to coordinate plans
upon consistent projections of population growth and student
enrollment.
. The Agreement provides for a process to coordinate and share
information regarding existing and planned school facilities, including
school renovations and closures, and local government plans for
development. As part of this process, local governments will annually
provide the School Board with a report on growth and development
trends within their jurisdiction. The School Board will annually provide
local governments with a report specifying how impact fee revenues
and other school contributions have been expended within the Benefit
Districts.
. The School Board shall amend its rule 6Gx13-2C-1.083, Section II.D.
Membership, to expand the membership of its standing School Site
Planning and Construction Committee (SSPCC) by four voting
members as follows: (1) a floating member designated by the City
Manager of the municipality most impacted by each item on the
SSPCC's agenda impacting an incorporated area of Miami-Dade
County or, if impacting an unincorporated area, the floating member
shall be designated by the City Manager of the geographically nearest
municipality most impacted by the agenda item; (2) a representative
selected by the Miami-Dade County League of Cities, (3) a
representative selected by the County Manager, and (4) a
representative selected by the residential construction industry. The
SSPCC shall review potential sites for new schools and proposals for
significant renovation, the location of relocatables or additions to
existing buildings, and potential closure of existing schools.
Page 5 of 11
. In addition to the SSPCC voting members, a representative from each
unit of local government affected by an item on any SSPCC meeting
agenda throughout the year shall be invited by the SSPCC to attend
that meeting. The SSPCC shall provide a full opportunity for such local
government representatives to participate and to provide input and
comments for consideration by the SSPCC in its deliberations.
Recommendations from the SSPCC on these items, based on the
information gathered from this review, will be submitted to the
Superintendent.
. The SSPCC shall host a planning forum on an annual basis or more
often as may be needed, to review the School Board's acquisition
schedule. The SSPCC shall invite a representative from each of the
impacted units of government, including appropriate School Board staff
members, at least one staff member of the County and a
representative from each of the affected Cities, to participate in the
forum and to provide input and comments for consideration by the
SSPCC in its deliberations. Recommendations from the SSPCC,
based on the information gathered from this review, will be submitted
to the Superintendent for inclusion in the plan for the upcoming year.
. SSPCC recommendations referenced in this Agreement shall be
forwarded by the Superintendent to the School Board for its
consideration at the same time that it deals with the issues to which the
recommendations relate.
. The Agreement includes a process for participation of the local
governments in the development of the School Board's annual District
Educational Facilities Plan and the educational plant survey.
. The Superintendent shall provide the meeting invitations referenced in
the Agreement to the person designated as the contact in this
Agreement, with at least 30 days advance written notice.
. The Agreement includes a process for determining the need for and
timing of onsite and offsite improvements to support new construction,
proposed expansion, or redevelopment of existing schools.
. The School Board will consider opportunities to collocate and share
use of school facilities and civic facilities when preparing the District
Educational Facilities Plan. The County and Cities will also consider
collocation and shared use opportunities when preparing the annual
update to the comprehensive plan's schedule of capital improvements
and when planning and designing new, or renovating existing,
community facilities.
Page 6 of 11
. In accordance with Section 163.3174(1), F.S., the County and Cities
will invite a staff representative appointed by the School Board, as a
non-voting member, to attend meetings of their local planning agencies
(or equivalent agencies that first consider comprehensive plan
amendments and rezonings) at which comprehensive plan
amendments and rezonings are considered that would, if approved,
increase residential density. The County and Cities may, at their sole
discretion, appoint such School Board representative to the planning
agency, and grant voting status to the School Board member.
. A School Board representative will be invited to participate at meetings
of City staff development review committees, as appropriate, when
development and redevelopment proposals are proposed that would
create an increase in the number of residential units.
. School Board staff shall review the potential impact of proposed
(re)developments based on current Florida Inventory of School
Houses (FISH) capacity (both permanent and relocatables) and be
prepared to convey this information in writing to the local staff
development review committees for consideration, provided however,
that the School Board shall only be required to provide such review
where the proposed (re)development would result in an increase in
FISH capacity (both permanent and relocatables) in excess of 115%.
The 115% shall be considered only as a threshold for review and shall
not be construed to obligate any local government to deny a
development should the School Board fail to identify options to meet
anticipated student enrollment demand.
. The School Board will advise local governments of the school
enrollment impacts anticipated to result from proposed land use
applications or development proposals, and whether sufficient
capacity, including capacity provided by School Board approved
charter schools, exists or is planned that would accommodate the
impacts.
Page 7 of 11
. If sufficient capacity is not available or planned to serve the
development at the time of impact, the School Board will determine
and specify the options available to it to meet the anticipated student
enrollment demand. Alternatively, the School Board, local government,
and developer will use their best efforts to collaboratively develop
options that aim to provide the capacity to accommodate new students
generated from new residential development. The School Board shall
be responsible for reviewing and considering funding options for the
incremental increase in the projected number of students which
include, but are not limited to: (1) creation of new community
development districts pursuant to Chapter 190, Florida Statutes; (2)
creation of educational facilities benefit districts as described in Section
1013.355, Florida Statutes; (3) other available broad-based funding
mechanisms to fund school capital construction; (4) developer
contributions in the form of land donation set asides, monetary
contributions, or developer provided facility improvements in-lieu-of
impact fees; and (5) other School Board approved measures such as
public charter schools, and public-private partnerships.
. If the parties to the Agreement are unable to resolve a disagreement
regarding an issue covered in this Agreement, the applicable parties to
the dispute will employ dispute resolution procedures pursuant to
Chapter 164 or Chapter 186, Florida Statutes, as may be amended
from time to time, or any other mutually acceptable means of
alternative dispute resolution. Each party shall bear their own attorney
fees.
. All parties to the Agreement stipulate that the School Board may enter
into Supplementary Agreements with individual municipalities to
address individual circumstances.
. Any amendment to this Agreement requested by a local legislative
body of the County or participating municipality will be placed on a
School Board Agenda for consideration within sixty (60) days of the
School Board's receipt of such request. Likewise, any amendments to
this Agreement requested by the School Board will be placed on the
agenda of the local legislative body of the County and participating
municipalities for consideration, within sixty (60) days of receipt of the
request.
. Should the School Board enter into an agreement with another
municipality, separate or otherwise, which provides more beneficial
terms than those agreed to herein, the School Board shall offer the
same terms to the other parties to the Interlocal Agreement.
Page 8 of 11
Terms and conditions where modifications are recommended include:
. Recommendation: Delete the last sentence of Section 6.2.
Section 6.2 of the Agreement provides for the School Board to
coordinate any and all proposed construction or expansion of public
educational facilities within a City's jurisdiction with that City's adopted
comprehensive plan and land development regulations, in accordance
with ~1013.33 (12) through (15), Florida Statutes. Pursuant to this
statute, the City may impose reasonable development standards and
conditions and consider the site plan and its adequacy as it relates to
environmental concerns, health, safety and welfare, and effects on
adjacent property (emphasis added). However, the language proposed
by the School Board indicates that adjustments to the site plan to
address the stated concerns of the City will only be made to the
extent possible. Since ~1013.33 (14), Florida Statutes, specifically
provides that a local government and the school board can use this
Interlocal Agreement as a vehicle to agree and establish an alternative
process for reviewing a proposed educational facility and site plan, and
offsite impacts, the School Board language would eliminate or limit the
City's ability to ensure that environmental concerns, health, safety and
welfare, and effects on adjacent property are appropriately addressed,
or to impose the reasonable development standards and conditions
necessitated by the School Board's construction.
. Recommendation: Modify the first sentence of Section 7.1 to
indicate that the inclusion of a School Board representative on
the local planning agencies or equivalent agencies that first
consider comprehensive plan amendments and rezonings shall
be in accordance with the requirements of and to the extent
required by Section 163.3174 (1), Florida Statutes.
Section 7.1 of the Agreement, providing for the inclusion of a School
Board representative on the local planning agencies or equivalent
agencies, is not a requirement of ~163.31777 and ~1013.33, Florida
Statutes (the public school interlocal agreement), but of a different
statute, ~163.3174 (1), Florida Statutes. The intent of Section 7.1 is
only to fulfill any obligations or requirements to the extent they are
created by ~163.3174 (1), Florida Statutes. It is therefore
recommended that Section 7.1 be modified so that any changes to
~163.3174 (1), Florida Statutes, would automatically modify and be
incorporated in the Agreement without need for a separate
amendment.
Page 9 of 11
. Recommendation: Modify the first sentence of Section 10.1 to
provide that the School Board, the County, and the Cities
(through the Miami-Dade County League of Cities) shall each
appoint an equal number of citizen members to serve on the
Oversight Committee.
Pursuant to statute, the Agreement must provide for an oversight
process, including an opportunity for public participation, for the
implementation of the Agreement. The negotiated Agreement complied
with this requirement by the establishment of an Oversight Committee,
providing for the School Board, the County, and the Cities (through the
Miami-Dade County League of Cities) to each appoint 5 citizen
members. This negotiated language was subsequently revised, at the
direction of School Board members, to increase the number of School
Board appointees to 9 citizen members. The original language was
negotiated to ensure that the parties to the agreement had equal
representation in the oversight process, and to preserve the sense of
fairness and equity that is both critical for any collaborative planning
and core to the role of oversight. Therefore, if the School Board wishes
to increase its number of appointees, it is recommended that the
number of appointees for the Cities and County be similarly increased.
. Recommendation: Modify Sections 1.1 and 4.1 to specify that the
initial meeting of the staff working group and the expansion of the
voting membership of the SSPCC shall occur in a timely manner
and provide meaningful participation to local governments in the
2003-04 planning process.
The proposed language indicates that the initial meeting of the staff
working group shall be held within 60 days of the date of execution of
the Agreement and that the School Board shall amend its Rule to
expand the voting membership of the SSPCC as soon as possible
after the Agreement is effective as to any party. Since the School
Board adopts its tentative budget in July and its final budget and the
Five Year Facilities Work Program in September, the proposed
language could effectively preclude local government participation in
the 2003-04 planning process.
Page 10 of 11
. Recommendation: Modify Section 7.2 to indicate the procedures
manual will be developed through a collaborative process with
the staff working group and shall occur in a timely manner to
facilitate meaningful participation by local governments in the
2003-04 planning process.
School Board Agenda Item E-4 indicated that "upon execution of the
Agreement by all the parties, the staff working group will collaborate to
develop a procedures manual, which will detail processes for the
implementation of this Agreement." However, the Agreement itself is
silent as to the process and timeframe for developing the procedures
manual. Further, while in concept there may be general consensus
regarding the terms and conditions of the agreement, due to the limited
timeframe in which negotiations occurred, as well as the fact that
substantive changes were made by the School Board as late as
January 15, 2003, it is clear that many sections of the Agreement
require clarification and many questions remain regarding its
implementation. A Procedures Manual could answer implementation
questions and provide needed clarification to the Agreement. However,
the Procedures Manual must be developed through a collaborative
process with the staff working group and in a timely manner to facilitate
meaningful participation by local governments in the 2003-04 planning
process.
. Recommendation: Modify Section 3.3 to encourage the School
Board and County to provide local government, industry and
citizen participation and input prior to submitting
recommendations to the Board of County Commissioners for
substantive revisions to the Educational Facilities Impact Fee
Ordinance, its formula, and/or the Educational Facilities Impact
Fee Methodology and Technical Report, including the adjustment
of impact fee structure or benefit district boundaries.
The Educational Facilities Impact Fee Ordinance, its formula, and the
Educational Facilities Impact Fee Methodology and Technical Report
were developed through broad-based public participation, including a
Task Force established by the School Board with municipal, county,
builder and citizen representation, and whose role included deciding on
each issue of ordinance development by majority vote. The decisions
of the Task Force were carefully crafted and extremely deliberative.
These decisions should not be modified without first providing the
opportunity for similar broad-based participation and input.
Page 11 of 11
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN INTERLOCAL AGREEMENT
SUBSTANTIALLY AS ATTACHED HERETO, BETWEEN THE
CITY OF AVENTURA, TWENTY-FOUR NONEXEMPT
MUNICIPALITIES, MIAMI-DADE COUNTY AND THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA, AS REQUIRED
BY S163.31777 and S1013.33, FLORIDA STATUTES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized to execute an Interlocal
Agreement substantially as attached hereto, between the City of Aventura, Twenty-four
Nonexempt Municipalities, Miami-Dade County, and The School Board of Miami Dade County,
Florida, as required by !j163.31777 and !j1013.33, Florida Statutes.
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
IN MIAMI-DADE COUNTY
This agreement is entered into between Miami-Dade County, a political subdivision of
the State of Florida (hereinafter referred to as "County"), the Cities of City of Aventura,
Town of Bay Harbor Islands, City of Coral Gables, Village of EI Portal, City of Florida
City, City of Hialeah, City of Hialeah Gardens, City of Homestead, Village of Indian
Creek, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami
Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of
North Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay,
Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater,
and the City of West Miami (hereinafter collectively referred to as "Cities"), and The
School Board of Miami-Dade County, Florida, a political subdivision of the State of
Florida, (hereinafter referred to as "School Board").
RECITALS
WHEREAS, the County, Cities and the School Board recognize their mutual obligation
and responsibility for the education, nurturing and general well-being of the children
within their respective communities; and,
WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to
the citizens and students of their communities by more closely coordinating their
comprehensive land use and school facilities planning programs: namely (1) better
coordination of new schools in time and place with land development, (2) greater
efficiency for the school board and local governments by placing schools to take
advantage of existing and planned roads, water, sewef, and parks, (3) improved student
access and safety by coordinating the construction of new and expanded schools with
the road and sidewalk construction programs of the local governments, (4) better
defined urban form by locating and designing schools to serve as community focal
points, (5) greater efficiency and convenience by co-locating schools with parks, ball
fields, libraries, and other community facilities to take advantage of joint use
opportunities, (6) reduction of pressures contributing to urban sprawl and support of
existing neighborhoods by appropriately locating new schools and expanding and
renovating existing schools, and (7) improving the quality of education in existing,
Page 1 of 18
renovated and proposed schools; and,
WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public
educational facilities must be consistent with the comprehensive plan and implementing
land development regulations of the appropriate local governing body; and,
WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local
government to adopt an intergovernmental coordination element as part of their
comprehensive plan that states principles and guidelines to be used in the
accomplishment of coordination of the adopted comprehensive plan with the plans of
the school boards, and describes the processes for collaborative planning and decision-
making on population projections and public school siting; and,
WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require each
county and the non-exempt municipalities within that county to enter into an interlocal
agreement with the district school board to establish jointly the specific ways in which
the plans and processes of the district school board and the local governments are to
be coordinated; and,
WHEREAS, By entering into this agreement the School Board, County, and the Cities
are fulfilling their statutory obligations and requirements recognizing the benefits that will
accrue to their citizens and students described above;
AGREEMENT
NOW THEREFORE, be it mutually agreed between the School Board, the County and
the Cities that the following procedures will be followed in coordinating land use and
public school facilities planning:
Section 1. Joint Meetinas
1.1 A staff working group comprised of the County MayorlManager and/or
designee, School Board Superintendent and/or designee, and City
Mayor/Manager and/or their designees will meet at least on a semi-
annual basis to discuss issues and fonnulate recommendations
regarding public education in the School District, and coordination of
land use and school facilities planning, including such issues as
population and student projections, development trends, a work
program for five, ten and twenty year intervals and its relationship to
the local government comprehensive plans, particularly as it relates to
identification of potential school sites in the comprehensive plan's
future land use map series, school needs (school capacity and school
funding), collocation and joint use opportunities, and ancillary
infrastructure impfovements needed to support the school and ensure
safe student access. Representatives from the Regional Planning
Council, the Latin Builders Association and the Builders Association of
South Florida will also be invited to attend and participate. The initial
meeting of the working group shall be held within 60 days of the date
of execution of the interlocal agreement, upon at least 30 days written
Page 2 of 18
advance notice, and shall be coordinated by the School Board
Superintendent, or designee, provided however, that the initial meeting
will occur in a timely manner to provide meaningful participation by
local governments in the School Board's 2003-04 planning process.
1.2 The School Board Superintendent and/or designee shall coordinate
an annual joint workshop session and invite one or more
representatives of the County Commission or their designee, the
governing body of each City or their designees, and the School Board
or their designee (s). A representative of the Regional Planning
Council will also be invited to attend. The School Board shall provide
the meeting invitations with at least 30 days advance written notice of
such meeting to the person designated as a contact in this Agreement.
The joint workshop sessions provide opportunities for the County
Commission, the City Commissions or Councils, and the School Board
to hear reports, discuss policy, set direction, and reach understandings
concerning issues of mutual concern regarding public education, and
coordination of land use and school facilities planning, including
population and student growth, development trends, school needs, off-
site improvements, school capacity, school funding, options to reduce
the need for additional permanent student stations, and joint use
opportunities.
Section 2. Student Enrollment and Population Proiections
2.1 In fulfillment of their respective planning duties, the County, Cities, and
School Board agree to coordinate their plans upon consistent projections
of the amount, type, and distribution of population growth and student
enrollment. Countywide five-year population projections shall be updated
at least once every two years by the County. The School Board may enter
into a separate agreement with the County for the preparation of student
enrollment projections. Updated County and School District data shall be
provided at least once every two years for review at the staff working
group meeting described at subsection 1.1.
2.2 The School Board shall utilize student population projections based on
information produced by the demographic, revenue, and education
estimating conferences pursuant to Section 216.136, Florida Statutes,
where available, as modified by the School Board based on development
data and agreement with the local governments and the Office of
Educational Facilities and SMART Schools Clearinghouse. The School
Board may request adjustment to the estimating conferences' projections
to reflect actual enrollment and development trends. In formulating such a
request, the School Board will coordinate with the Cities and County
regarding development trends and future population projections.
2.3 The School Board, working with the County and Cities via the staff
working group, will use the information described in subsection 3.4 and
Page 3 of 18
any other relevant information provided as part of the requirements of this
Interlocal Agreement, to allocate projected student enrollment by Minor
Statistical Areas. The allocation of projected student enrollment will be
determined at the first staff meeting described in subsection 1.1.
Section 3. Coordinatina and Sharina of Information
3.1 Tentative District Educational Facilities Plan: By June 30th of each
year, the School Board shall submit to the County and each City the
tentative district educational facilities plan prior to adoption by the Board.
The plan will be consistent with the requirements of Section 1013.35,
Florida Statutes, and include projected student populations
geographically, an inventory of existing school facilities, projections of
facility space needs, information on relocatables, general locations of new
schools for the 5-, 10-, and 20-year time periods, and options to reduce
the need for additional permanent student stations. The plan will also
include a financially feasible district facilities work program for a 5-year
period. The Cities and County shall review and evaluate the plan and
comment to the School Board within 60 days on the consistency of the
plan with the local comprehensive plan, including its compatibility with the
comprehensive plan's future land use map series, and whether a
comprehensive plan amendment will be necessary for any proposed
educational facility.
3.2 Educational Plant Survey: The School Board will remain responsible
for reporting and submission of updates. The Educational Plant Survey
shall be consistent with the requirements of Section 1013.31, Florida
Statutes, and include at least an inventory of existing educational facilities,
recommendations for new and existing facilities, and the general location
of each in coordination with existing land use plans. The staff working
group, in accordance with the procedure outlined in Section 3.5, will
evaluate and make recommendations regarding the location and need for
new, significant renovation or expansion, closures of educational facilities,
and the consistency of such plans with the local government
comprehensive plans and relevant issues including, but not limited to,
those listed in subsections 4.3,7.6,7.7 and 8.10f this agreement.
3.3 The County and the School Board shall annually review the
Educational Facilities Impact Fee Ordinance, its formula, and the
Educational Facilities Impact Fee Methodology and Technical Report, and
if appropriate, make recommendations for revisions to the Board of
County Commissioners. Among the goals of this annual review will be the
adjustment of impact fee structure to ensure the full eligible capital costs,
as allowed by the governing ordinances, associated with development of
public school capacity is included. In reviewing the Educational Facilities
Impact Fee Ordinance (EFIFO) the County and School Board shall employ
their best efforts to evaluate a more equitable distribution of impact fee
assessments, including redistricting to create easUwest alignments of
Page 4 of 18
benefit districts throughout the County. Such benefit districts should
combine urban infill and emerging development areas within the County.
The School Board and County are encouraged to provide local
government, industry and citizen participation and input prior to submitting
recommendations to the Board of County Commissioners for substantive
revisions to the Educational Facilities Impact Fee Ordinance, its formula,
and/or the Educational Facilities Impact Fee Methodology and Technical
Report, including the adjustment of impact fee structure or benefit district
boundaries.
3.4 Growth and Development Trends: By January 31st of each year, local
governments will provide the School Board with a report on growth and
development trends within their jurisdiction, based on the previous
calendar year. This report will be in tabular, graphic, and/or textual formats
and will include the following:
(a) The type, number, and location of residential units, which
have received zoning approval or site plan approval;
(b) Information regarding adopted future land use map
amendments, which may have an impact on school facilities;
(c) The County shall report to the School Board the school
impact fees collected annually on building permit
applications, said report shall include the amount of the fee
collected and location of the proposed residential
development. The School Board shall report to the County
to each City how the impact fee revenue and all other school
contributions have been spent within the Benefit District in
which it was collected. All data shall include source
information for verification and be provided in a format
consistent with other capital expenditures;
(d) Information, if available, regarding the conversion or
redevelopment of non-residential structures into residential
units that are likely to generate new students, and
conversely information on the number of residential units
converted to non-residential uses; and
(e) The identification of any development orders issued that
contains a requirement for the provision of a public school
site as a condition of development approval.
3.5 The staff working group shall provide recommendations on
the planning of new facilities, additions or renovations for
consideration by School Board staff and the SSPCC in formulating
the tentative district educational facilities plan. Likewise, the staff
working group shall also provide input and comments,
Page 5 of 18
recommendations on the update of the Five-Year Educational Plant
Survey and any revisions thereto.
Section 4. School Site Selection. Sianificant Renovations. and Potential School
Closures
4.1 The School Board as soon as possible after the Interlocal Agreement
is effective as to any party, but in a timely manner that will provide
meaningful participation by local governments in the School Board's 2003-
04 planning process, shall amend its rule 6Gx13-2C-1.083, Section 11.0.
Membership, to expand the membership of its standing School Site
Planning and Construction Committee (SSPCC) by fOUf voting members
as follows: "a floating member" designated by the City Manager of the
most impacted municipality to which the agenda item relates whenever an
agenda item concerns any incorporated area of Miami-Dade County, or if
it concerns an unincorporated area, this "floating member" shall be from
the geographically nearest municipality most impacted by the agenda
item; a representative selected by the Miami-Dade County League of
Cities; a Miami-Dade County representative selected by the County
Manager or designee;" and "a member of the residential construction
industry." For purposes of this Section, a floating member from the most
impacted local government shall be defined as the local government
jurisdiction in which the proposed project is located. In the event that this
rule change is not accomplished as required herein, the School Board
shall approach the Cities and County and negotiate an amendment to this
Agreement with a mutually acceptable alternative means of coordination
on all issues herein allocated to the SSPCC. The SSPCC shall review
potential sites for new schools and proposals for significant renovation, the
location of relocatables or additions to existing buildings, and potential
closure of existing schools, and make recommendations on these and all
other issues within its purview under the Rule for consideration by School
Board staff. The SSPCC shall also:
(a) Host a planning forum on an annual basis or more often as may
be needed. For purposes of this forum, the SSPCC shall invite a
representative from each of the impacted units of government to
participate in the proceedings and to provide input and comments, for
consideration by the SSPCC in its deliberations. The forum will review the
School Board's acquisition schedule and all other relevant issues
addressed in this Agreement and required by statute, and will include
appropriate staff members of the School Board, at least one staff member
of the County and a representative from each of the affected Cities. Based
on information gathered during the review, the SSPCC will submit
recommendations to the Superintendent or designee for the upcoming
year.
(b) Invite a staff representative from each unit of local government
affected by an agenda item at any SSPCC meeting throughout the year to
Page 6 of 18
attend that meeting. It shall provide a full opportunity for such local
government representatives to provide comments, and shall consider
those comments in its deliberations. Based on information gathered
during the review, the SSPCC will submit recommendations to the
Superintendent or designee on these items.
For purposes of this Sub Section, an affected local government shall be
defined as follows:
a. Any jurisdiction within fifteen hundred feet of the property or
improvement; and
b. Any jurisdiction whose utilities are utilized by the School Board
property or improvement.
The School Board Superintendent and/or designee shall provide the
invitations referenced in this Section 4.1, with at least 30 days advance
written notice of such meeting to the person designated as a contact in
this Agreement. The Superintendent or designee shall forward the
SSPCC recommendations referenced in this Agreement to the School
Board so that they may be considered by the Board at the time that it
deals with the issues to which the recommendations relate.
4.2 When the need for a new school is identified and funded in the district
educational facilities plan, the SSPCC will develop a list of potential sites
in the area of need. The list of potential sites for new schools and the list
of schools identified and funded in the district educational facilities plan for
significant renovation, the location of relocatables, or additions to existing
buildings and potential closure and opportunities for collocation will be
submitted to the local government with jurisdiction over the use of the land
for an informal assessment regarding consistency with the local
government comprehensive plan.
4.3 The evaluation of new school sites or significant expansion of student
stations at existing schools shall be in accordance with School Board Rule
6Gx13-2C-1.083, as may be amended from time to time and attached
hereto as Exhibit "N. Any proposed amendments to this rule, which may
impact upon the terms of this Interlocal Agreement, shall be submitted to
the affected local units of government prior to submission to the SSPCC
and to the School Board.
4.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days
prior to acquiring or leasing property that may be used for a new public
educational facility, the School Board shall provide written notice to the
local government with jurisdiction over the use of the land. The local
government, upon receipt of this notice, shall notify the School Board
within 45 days if the proposed new school site is consistent with the land
use categories as depicted in theJuture land use map series, as well as
Page 7 of 18
the policies of the local government's comprehensive plan. If the site is not
consistent, it shall not be used as a school site until and unless otherwise
approved by the local government. This preliminary notice does not
constitute the local government's determination of consistency pursuant to
section 1013.33 (12), Florida Statutes.
Section 5. Supportina Infrastructure
5.1 In conjunction with the preliminary consistency determination
described at subsection 4.4 of this agreement, the School Board and
affected local governments will jointly determine the need for, and timing
of, on-site and off-site improvements necessary to support each new
school or the proposed significant renovation of an existing school.
Significant renovation shall include construction improvements that result
in a greater than five (5) percent increase in student capacity, the location
of portables, or additions to existing buildings. The School Board and
affected local government will enter into a letter of agreement as to the
timing, location, and the party or parties responsible for constructing,
operating and maintaining the required on-site and off-site improvements,
respectively.
This section shall not be construed to require the affected local unit of
government to bear any costs of infrastructure improvements related to
school improvements.
Section 6. Public Education Facilities Site Plan Review
6.1 The School Board and the County will continue to coordinate any
and all proposed construction or expansion of public educational
facilities, including the general location of new schools in
unincorporated Miami-Dade County, with the County's
Comprehensive Development Master Plan (CDMP) and local land
development regulations in accordance with the review procedures
outlined in Miami-Dade County Resolution R-535-92, as adopted
on May 5, 1992.
6.2 The School Board will coordinate any and all proposed construction
or expansion of public educational facilities, including the location of
new schools or relocatables, within any City's jurisdiction with that
City's adopted comprehensive plan and land development
regulations. This coordination shall be accomplished in accordance
with the provisions of Section 1013.33 (12) through (15), Florida
Statutes.
Section 7. Local Plannina Aaencv. Comprehensive Plan Amendments.
Rezoninas. and Development APprovals
7.1 In accordance with the requirements of and to the extent required by
Section 163.3174 (1), Florida Statutes, the County and Cities will invite a
Page 8 of 18
staff representative appointed by the School Board, as a non-voting
member, to attend meetings of their local planning agencies or equivalent
agencies that first consider comprehensive plan amendments and
rezonings at which comprehensive plan amendments and rezonings are
considered that would, if approved, increase residential density. The
County and Cities may, at their sole discretion, appoint such School Board
representative to the planning agency, and grant voting status to the
School Board member.
7.2 The School Board will designate a staff representative to serve in an
advisory support capacity on the County's staff development review
committee, or equivalent body. In addition, the School Board
representative will be invited to participate at the meetings of the Cities'
staff development review committees, or equivalent body, as appropriate,
when development and redevelopment proposals are proposed that would
create an increase in the number of residential units. It shall be the
responsibility of School Board staff to review the potential impact of a
proposed (re) development based on current Florida Inventory of School
Houses (FISH) capacity (both permanent and relocatables) and be
prepared to convey this information in writing to the local staff
development review committees at least five days prior to the meeting or
development review committee review, for their consideration. The School
Boafd shall only be required to provide such review where the proposed
(re) development will result in an increase in FISH capacity (permanent
and relocatables) in excess of 115%. This figure shall be considered only
as a review threshold and shall not be construed to obligate the County or
a City to deny a development should the School Board fail to identify
options to meet anticipated demand or should the collaborative process
described in this Section fail to yield a means to ensure sufficient capacity.
A copy of the plans shall be delivered to the School Board representative
at least 15 working days prior to the proposed meeting date, or on the
date the agenda is distributed. The School Board's review shall be
conducted in accordance with the methods set forth in the procedures
manual to be adopted in accordance with the provisions set forth in this
Agfeement. The procedures manual shall be developed through a
collaborative process with the staff working group and in a timely manner
to provide meaningful participation by local governments in the School
Board's 2003-04 planning process.
7.3 The County and the Cities agree to transmit to the School Board
copies of proposed land use applications and development proposals that
may affect student enrollment, enrollment projections, or school facilities.
This requirement applies to amendments to the comprehensive plan future
land use map, rezonings, developments of regional impact, and other
major residential or mixed-use development projects with a residential
component.
Page 9 of 18
7.4 Within 30 days after receipt of notification by the local government,
which notification shall include development plans, the School Board will
advise the local government of the school enrollment impacts anticipated
to result from the proposed land use application or development proposal
and whether sufficient capacity exists or is planned to accommodate the
impacts. School capacity will be reported consistent with State
Requirements for Educational Facilities, and shall be based on current
FISH capacity at impacted schools (including permanent and relocatable
satisfactory student stations), as well as any proposed student station
additions in the area of impact. The School Board will also include
capacity information on approved charter schools that provide relief in the
area of impact.
7.5 If sufficient capacity is not available or planned to serve the
development at the time of impact, the School Board will determine and
specify the options available to it to meet the anticipated student
enrollment demand. Alternatively, the School Board, local government,
and developer will use their best efforts to collaboratively develop options
that aim to provide the capacity to accommodate new students generated
from the new residential development. The School Board shall be
responsible to review and consider funding options for the incremental
increase in the projected number of students which include, but are not
limited to, creation of new community development districts pursuant to
Chapter 190, Florida Statutes, creation of educational facilities benefit
districts as described in Section 1013.355, Florida Statutes, other
available broad-based funding mechanisms to fund school capital
construction, developer contributions in the form of land donation set
asides, monetary contributions, or developer provided facility
improvements in lieu of impact fees and other School Board approved
measures such as public charter schools, public-private partnerships, or a
combination of any of these. In its analysis of need, School Board staff
shall also include information on the estimated educational facilities impact
fee revenues to be generated by the development, as well as on any other
available funding for capital projects specifically intended to mitigate the
area of impact.
This Section shall not be construed to obligate a City to impose, assess or
collect a school impact fee, unless provided by general law. As it relates
to the collection of impact fees, this provision shall not be subject to
dispute resolution under Section 9 of this Agreement.
This Section shall not be construed to obligate a City or County to deny a
development should the School Board fail to identify options to meet
anticipated demand or should the collaborative process described in this
Section fail to yield a means to ensure sufficient capacity.
Page 10 of 18
7.6 In the review and consideration of comprehensive plan amendments,
rezonings, and development proposals, and their respective potential
school impacts, the County and Cities should consider the following
issues:
a. School Board comments, which may include available
school capacity or planned improvements to increase school
capacity, including School Board approved charter schools
and operational constraints (e.g., establishment of or
modifications to attendance boundaries and controlled
choice zones), if any, that may impact school capacity within
an area, including public-private partnerships;
b. The provision of school sites and facilities within planned
neighborhoods;
c. Compatibility of land uses adjacent to existing schools and
reserved or proposed school sites;
d. The potential for collocation of parks, recreation and
neighborhood facilities with school sites;
e. The potential for linkage of schools, parks, libraries and
other public facilities with bikeways, trails, and sidewalks for
safe access;
f. Traffic circulation plans that serve schools and the
surrounding neighborhood, inclUding off-site signalization,
signage, and access improvements;
g. The general location of public schools proposed in the
five-year work plan as well as other available information
over a ten and 20-year time frame.
7.7 In formulating community development plans and programs, the
County and Cities should consider the following issues:
a. Giving priority to scheduling capital improvements that are
coordinated with and meet the capital needs identified in the
School Board District Educational Facilities Plan;
b. Providing incentives that promote collaborative efforts
between the School Board and the private sector to develop
adequate school facilities in residential developments;
c. Targeting community development improvements in older
and distressed neighborhoods near existing or proposed
School Board owned and operated public schools and
School Board approved charter schools; and
Page 11 of 18
d. Coordination with neighboring jurisdictions to address
public school issues of mutual concern.
e. Approval and funding of community development benefit
districts (CDD'S) and other available funding mechanisms
created by state law.
Section 8. Collocation and Shared Use
8.1 Collocation and shared use of facilities are important to both the
School Board and local governments. The School Board and Cities and
County will work together, via the staff working group and the SSPCC, to
look for opportunities to collocate and share use of school facilities and
civic facilities when preparing the District Educational Facilities Plan.
Likewise, collocation and shared use opportunities will be considered by
the local governments when preparing the annual update to the
comprehensive plan's schedule of capital improvements and when
planning and designing new, or renovating existing, community facilities.
For example, potential opportunities for collocation and shared use with
public schools will be considered where compatible for existing or planned
libraries, parks, recreation facilities, community centers, auditoriums,
learning centers, museums, performing arts centers, and stadiums. In
addition, the potential for collocation and shared use of school and
governmental facilities for joint use by the community will also be
considered.
8.2 A separate agreement or an amendment to a master agreement
between the School Board and the appropriate local government will be
developed for each instance of collocation and shared use, which
addresses legal liability, operating and maintenance costs, scheduling of
use, and facility supervision or any other issues that may arise from
collocation and shared use.
Section 9. Resolution of Disputes
9.1 If the parties to this agreement are unable to resolve any issue in
which they may be in disagreement covered in this agreement, the
applicable parties to the dispute will employ dispute resolution procedures
pursuant to Chapter 164 or Chapter 186, Florida Statutes, as amended
from time to time, or any other mutually acceptable means of alternative
dispute resolution. Each party shall bear their own attorney's fees.
Section 10. Oversiaht Process
10.1 The School Board, the County and the Miami-Dade County League
of Cities shall each appoint an equal number of citizen members to serve
on a committee to monitor implementation of the interlocal agreement.
The School Board shall organize and staff the meetings of this Committee,
calling on the staff working group for assistance as needed. It shall
Page 12 of 18
provide thirty (30) days written notice of any meeting to the members of
the Committee, the staff working group, the SSPCC, County, Cities and to
the public. Committee members shall be invited by the School Board to
attend all meetings referenced in Sections 1 and 4 and shall receive
copies of all reports and documents produced pursuant to this interlocal
agreement. The Committee shall appoint a chairperson, meet at least
annually, and report to participating local governments, the School Board
and the general public on the effectiveness with which the interlocal
agreement is being implemented. Meetings of the Committee shall be
conducted as public meetings, and provide opportunities for public
participation.
Section 11. Effective Date and Term
This Agreement shall become effective upon the signatures of the School
Board and County, and shall remain in full force and effect for a period of
five (5) years from the effective date. The execution of the Agreement by
each City shall make it effective as to that City. The failure of any party to
execute the Agreement by March 1, 2003 may subject that party to
penalties as provided by statute. This Agreement may be earlier cancelled
by mutual agreement of individual Cities or County and the School Board,
unless otherwise cancelled as provided or allowed by law. This
Agreement may be extended upon the mutual consent of the parties to
this Agreement for an additional five (5) years, on the same terms and
conditions as provided herein, provided that the party seeking an
extension gives written notice to the other parties of such intent to extend
no later than one (1) year prior to the expiration of the then current term,
and the other parties agree in writing to such extension. Extensions shall
be valid as to those parties consenting in writing thereto, even if not all
parties hereto so consent.
Section 12. Severabilitv
If any item or provision of this Agreement is held invalid or unenforceable,
the remainder of the Agreement shall not be affected and every other term
and provision of this Agreement shall be deemed valid and enforceable to
the extent permitted by law.
Section 13. Notice and General Conditions
A. All notices which may be given pursuant to this Agreement, except
notices for meetings provided for elsewhere in this Agreement, shall be
in writing and shall be delivered by personal service or by certified mail
return receipt requested addressed to the parties at their respective
addresses indicated below or as the same may be changed in writing
from time to time. Such notice shall be deemed given on the day on
Page 13 of 18
which personally served, or if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Phone: (305)446-8910
Fax: (305) 466-8919
Town Manager
Town of Bay Harbor Islands
9665 Bay Harbor Terrace
Bay Harbor Islands, Florida 33154
City Manager
City of Coral Gables
P.O. Box 141549
Coral Gables, Florida 33114-1549
Mayor
Village of EI Portal
500 N.E. 87 Street
EI Portal, Florida 33138-3517
Mayor
City of Florida City
P.O. Box 343570
Florida City, Florida 33034-0570
Mayor
City of Hialeah
P.O. Box 110040
Hialeah, Florida 33011-0040
Chief Zoning Officer
City of Hialeah Gardens
10001 N.W. 87 Avenue
Hialeah, Gardens, Florida 33016
City Manager
City of Homestead
790 North Homestead Boulevard
Page 14 of 18
Homestead, Florida 33030
Village Manager
Village of Indian Creek
9080 Bay Drive
Indian Creek Village, Florida 33154
Village Manager
Village of Key Biscayne
85 West Mcintyre Street
Key Biscayne, Florida 33149
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Town Manager
Town of Miami Lakes
6853 Main Street
Miami Lakes, Florida 33014
Village Manager
Village of Miami Shores
10050 N.E. Second Avenue
Miami Shores, Florida 33138
City of Miami Springs
201 Westward Drive
Miami Springs, Florida 33166-5259
City Manager
City of North Bay Village
7903 East Drive
North Bay Village, Florida 33141
City Manager
City of North Miami
776 N.E. 125 Street
Page 15 of 18
North Miami, Florida 33161
City Manager
City of North Miami Beach
17011 N.E. 19 Avenue
North Miami Beach, Florida 33162
Director of Community Development and Planning
City of Opa-Locka
777 Sharazad Boulevard
Opa-Locka, Florida 33054
Village Attorney
The Village of Palmetto Bay
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
Planning Director
Village of Pinecrest
11551 S. Dixie Highway
Pinecrest, Florida 33156
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Deputy City Attorney
City of Sunny Isles Beach
17070 Collins Avenue
Sunny Isles Beach, Florida 33160
Mayor
City of Sweetwater
500 S.w. 109 Avenue
Sweetwater, Florida 33174-1398
City Manager
City of West Miami
901 S.w. 62 Avenue
West Miami, Florida 33144
Miami-Dade County
Director Department of Planning & Zoning
111 N.W. First Street
Page 16 of 18
Miami, Florida 33128
Superintendent
The School Board of Miami-Dade County, Florida
1450 N. E. 2 Avenue, Room 912
Miami, Florida 33132
B. Title and Paragraph headings are for convenient reference and are not
intended to confer any rights or obligations upon the parties to this
Agreement.
Section 14. Meraer Clause
This Interlocal Agreement together with the Exhibits hereto sets forth the entire
agreement between the parties and there are no promises or understandings
other than those stated therein. It is further agreed that no modification,
amendment or alteration of this Agreement shall be effective unless contained in
a written document executed with the same formality and of equal dignity herein.
The Exhibits to this Agreement will be deemed to be incorporated by reference
as though set forth in full herein. In the event of a conflict or inconsistency
between this Agreement and the provisions in the incorporated Exhibits then this
Agreement will prevail.
Any amendment to this Agreement requested by a local legislative body of the
County or a participating municipality will be placed on a School Board Agenda
for consideration within sixty (60) days of the School Board's receipt of such
request. Likewise, any amendments to this Agreement requested by the School
Board will be placed on the agenda of the local legislative body of the County
and participating municipalities for consideration, within sixty (60) days of receipt
of the request.
Section 15. Counterparts Clause
This Interlocal Agreement may be executed in counterparts and facsimiles shall
constitute best evidence for all purposes.
Section 16. Supplementarv Aareements
All parties to this Interlocal Agreement stipulate that the School Board may enter
into Supplementary Agreements with individual municipalities to address
individual circumstances. Any such Supplementary Agreement shall be
consistent with the statutes governing this Interlocal Agreement.
Section 17. Favored Nations
Page 17 of 18
Should the School Board enter into an agreement with another municipality,
separate or otherwise, which provides more beneficial terms than those agreed
to herein, the School Board shall offer the same terms to all other parties to this
Interlocal Agreement.
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on
behalf of Miami-Dade County, the Cities of City of Aventura, Town of Bay Harbor
Islands, City of Coral Gables, Village of EI Portal, City of Florida City, City of Hialeah,
City of Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key
Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami
Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of
North Miami Beach, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest,
City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of
West Miami, and the School Board of Miami-Dade County, Florida, on this day
of , 2003.
ATTEST:
Chairman, School Board
Chairman, Board of County Commissioners
Mayor, City of
Mayor, City of
Page 18 of 18
AGENDA ITEM 6-G
Transit Service Enhancement,
Expansion and Improvements Report
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Office afthe City Manager
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: January 16,2003
SUBJECT: Transit Service Enhancement, Expansion and Improvements Report
Recommendation
It is recommended that the City Commission implement the following transit service
improvements:
· Effective March 1, 2003, expand service hours for all bus routes by one hour
from 5:20 P.M. to 6:20 P.M. and increase service hours for one evening weekly
to 9:00 P.M.
. Effective August 1, 2003 add new Red bus route to address and improve
frequency of service issues.
Backaround
The Center for Urban Transportation Research, as a subcontractor to Craven
Thompson and Associates, Inc., was hired by the City to provide a variety of planning
services that would allow the City to enhance the transit circulator system that has
been in place since January of 1999. The transit improvement services provided to the
City by CUTR included the following:
· A bus stop inventory that provided a base for passenger surveys and analysis of
ridership characteristics
. A survey of passengers that determined their demographics, their satisfaction
with the existing service, and their ideas on how to improve transit circulator
services in the City
. The development of revised routes and schedules to accommodate ridership
demand and provide improved service
The products of these efforts are attached as exhibits in this report.
Summarv of the Passenaer Survev
CUTR conducted a survey of Aventura Advantage passengers during the month of July
2002. All passengers were asked to complete a written survey, prepared in both
English and Spanish, and were provided with whatever assistance was needed. A total
of 170 surveys were answered by passengers, and analyzed by CUTR. While not all
the questions were answered by every survey respondent, CUTR project managers feel
the responses reflect the feelings of the overall ridership. A copy of the survey
instrument is provided as an exhibit.
The majority of riders (62.6 percent) on the Aventura Advantage are 65 years of age or
older, and have no automobiles in their household. The "typical" Aventura Advantage
passenger is a female over the age of 65 with an annual income of less than $20,000
that is going on a shopping trip. However, there are people of a variety of ages who
use the service to go back and forth to work and for a multitude of other purposes.
While most passengers walk to the bus at their condominium, 10 percent of all
passengers transfer to or from Miami-Dade Transit or Broward County Transit. Fifteen
percent of the passengers speak Spanish and answered the surveys in Spanish.
The survey revealed that slightly more than half of the passengers use the service
three days a week or less. This information reveals that while the average number of
total passengers is estimated to be approximately 300 a day, it is not the same people
using the minibuses everyday. In fact, it is highly likely that over 1,000 different people
use the Aventura Advantage over the course of a year. In addition, the service
continues to attract new passengers, evidenced by the fact that almost 25 percent of
riders surveyed had been using the service for less than six months.
The results of the survey are presented in full in the exhibits. However, the primary
finding of the survey is that the passengers of the Aventura Advantage are very happy
with the service. In virtually all cases where passengers were asked their levels of
satisfaction with a number of service factors (days of service, convenience,
dependability, travel time, bus operator courtesy, cleanliness and comfort, and safety)
the percentage of riders saying they thought the service is "very good" or "good" was
over 90 percent. In fact, almost 99 percent of respondents rated the "Overall
satisfaction with the Aventura Advantage" as either "very good" or "good".
While it appears there is a high level of satisfaction with most elements of the service,
there were indications that some improvements would be appreciated by the
passengers. There seems to be interest in later hours of service as well as more
frequency of service.
CUTR project managers worked with City staff to develop new schedules that
incorporated most of the passengers' desires for improvements. Passengers noted in
the surveys that they wanted buses to operate at least one more trip per day, to provide
service until at least 6 p.m. A new schedule was prepared that could implement the
request by increasing service to 6:20 p.m. Passengers also indicated that they would
like to have evening service, if possible. The new schedules were prepared to
accommodate service to be in place until 9 p.m. for one night of the week.
2
The survey and ridership data maintained by the City shows that almost half of the
ridership on the Aventura Advantage takes place on the Yellow route. The ironic
feature of the current service is that passengers on the Yellow route receive the least
service in the City (every 90 minutes). CUTR carefully reviewed the service in the
southern section of Aventura and developed new schedules that will provide service to
that area once an hour instead of once every 90 minutes, at no extra cost. This should
help address the relatively low survey ratings given to "frequency of service". It will
also help to improve transfers with the Blue Route, since both will operate with 60-
minute frequencies and meet each hour at the Macy's stop at the Aventura Mall.
In order to address frequency of service issues occurring in the Green route (Country
Club Drive area), it should be divided into two routes and a new Red route should be
created. This will also insure that all routes will meet at the Mall once an hour, thus
improving ease of transfer between the routes.
Transit Service Enhancement. Expansion and Improvements
Based on the study, it is recommended that the following transit service improvements
be implemented:
1. Effective March 1, 2003, expand service hours on all routes to 6:20 P.M. Annual
cost -$38,000. FY2002/03 cost -$22,167.
2. Effective March 1, 2003, increase service hours one night a week to 9:00 P.M.
Annual cost- $17,500 FY2002/03 cost -$10,354.
3. Effective August 1, 2003, add new Red route. Annual cost -$108,264.
FY2002/03 cost -$9,022.
Total Annual cost for improvements will be $163,814 and the total FY 2002/03 costs
will be $41,543.
As you are aware, this past November the voters approved a Yo % sales tax increase to
fund transportation improvements. The tax will be in effect on January 1, 2003. As part
of the People's Transportation Program, the cities in Miami-Dade County will receive
20% of the proceeds for transit enhancement projects. It is estimated that the City of
Aventura will receive $735,248 annually. However, for this fiscal year, the proceeds
are estimated to be $350,000 based on half-year implementation.
Furthermore, 20% of the City's share must be used for transit such as bus services, bus
pullout bays, shelters and any other transit-related infrastructure. The funds can only
be utilized for new programs and capital projects beyond those previously funded in FY
2001/02. It is anticipated that the City will receive $70,000 for the remainder of this
fiscal year as part of 20% bus service improvements.
The City budgeted $280,000 for transportation services in fiscal year 2001/02. This
figure acts as the base for purposes of determining enhanced services in accordance
with the People's Transportation Program for the future. This year $300,000 was
included in the budget.
It is recommended that the $70,000 for this fiscal year be utilized as follows:
3
. $30,000 to fund recent bid award for transit services beyond the $300,000
included in the budget
. $40,000 to fund transit improvements and enhancements as discussed above.
The annual costs of implementing the improvements will equal approximately 22% of
the City's share of the Transit Tax proceeds.
If you have any questions, please feel free to contact me.
4
EXHIBITS
Passenger Demographics and Satisfaction Scores for Aventura Advantage - Text
Passenger Demographics and Satisfaction Scores for Aventura Advantage - Graphs
and Charts
Survey Instrument
5
Demographics for Aventura
Survey Results
Rate of Response
170 people returned surveys. The rate of response to each question is listed below.
Route (Q1)
Origin (Q2)
Got on at? (Q3)
Access (Q4)
Got off at? (Q5)
Egress (Q6)
Destination (Q7)
Frequency of use (Q8)
Most important reason (Q9)
Alternate transportation (Q10)
Length of use (Q11)
Age (Q12)
Gender (Q13)
Race (Q14)
Income (Q15)
Available autos (Q16)
Valid Driver's License? (Q17)
Licensed drivers per household (Q18)
Days of service (Q19a)
Hours of service (Q19b)
Frequency of service (Q19c)
Convenience of routes (Q19d)
Dependability of buses (Q1ge)
Travel time on buses (Q19f)
Availability of bus route info/maps (Q19g)
Vehicle cleanliness & comfort (Q19h)
Operator courtesy (Q19i)
Safety on bus/bus stops (Q19j)
Convenience of transfer (Q19k)
Usefulness of bus route info (Q191)
Overall satisfaction (Q19m)
One improvement (Q20)
Comments and Suggestions (Q21)
99.4%
92.4%
60.6%
85.3%
50.6%
83.5%
92.4%
86.5%
48.2%
47.6%
47.6%
62.9%
48.2%
62.9%
31.8%
45.3%
44.1%
46.5%
51.2%
48.2%
50.0%
44.1%
44.7%
41.8%
42.9%
45.9%
47.1%
43.5%
40.0%
39.4%
50.6%
32.4%
22.4%
Language
14.8 percent of the surveys were administered in the Spanish language and 85.2
percent of the surveys were administered in English.
6
Route
69.2 percent of participants were riding the Yellow line, 14.8 percent of participants
were riding the Blue line, and 16.0 percent of participants were riding the Green line.
Origin of Trip
56.1 percent of participants started their trips from home. 32.5 percent of participants
started their trips returning from shopping or errands. 4.5 percent of participants began
their transit trips either from work or from visiting/recreational pursuits, respectively.
1.3 percent of participants were beginning their trip from a medical visit and 0.6 of
participants began their trips from college or the government center, respectively. See
figure 1 for a graphical breakdown of trip origin.
Access to transit
The majority of participants (79.3 percent) walked between 0 and 2 blocks to access
the bus stop. 9.0 percent transferred from an MDT route. 5.5 percent of participants
were dropped off at the bus stop. 4.1 percent of participants walked more than 2
blocks to access the bus stop. 1.4 percent of participants transferred from a BCT bus
route. And, 0.7 percent of participants took a taxi to access the bus stop. The fact that
almost 80 percent of participants were able to walk 2 blocks or less to access a bus
stop is a credit to the Aventura system. See figure 2.
Egress
The majority of respondents (69.7 percent) walked between 0 and 2 blocks in order to
get to their destination once they left the bus stop. 18.3 percent were picked up at the
bus stop. 4.9 percent transferred to a MDT route. 2.8 percent walked more than 2
blocks to get to their destination from the bus stop. 1.5 percent of participants used
some other, non-specified form of egress. 1.4 percent transferred to a BCT route. 0.7
percent drove or took a taxi to egress the bus stop, respectively. See figure 3.
Destination
42 percent of respondents were on their way to shopping or doing errands. 39.5
percent of respondents were on their way home. 10.8 percent of respondents were on
their way to work. 3.2 percent of respondents were on their way to a medical
appointment. 2.5 percent of respondents were visiting or pursuing recreational
activities and 1.9 percent were ending their trip at the library. See figure 4.
Frequency of use
17.0 percent of respondents use the bus 6 days per week. 15.6 percent use the bus 5
days per week. 17.7 percent of respondents use the bus 4 days per week. 20.4
percent of respondents use the bus 3 days per week. 25.2 percent use the bus 1 or 2
days a week and 4.1 percent use the bus once a month or less. See figure 5.
Most important reason for using public transit
The majority of respondents (65.9 percent) do not drive. However, only 2.4 percent
report not having a valid driver's license. 18.3 percent of respondents report that they
7
do not have a car available. 12.2 percent of respondents report that the bus is more
convenient than other modes of transportation and 1.2 percent report that using the bus
is more economical than using other modes of transportation. It is important to note
that respondents were instructed to mark only one response to this question. See
figure 6.
Alternative transportation
32.1 percent of respondents said that they would walk if bus service was not available.
19.8 percent, said that they would ride with someone. 8.6 percent said that they would
take a taxi. 6.2 percent said that they would either drive or take Special Transportation
Services (STS). 13.6 percent said that they would take an MDT bus route and another
13.6 percent said that they wouldn't make the trip at all if bus service were not
available. See figure 7.
Length of use
The majority of respondents (48.1 percent) have used Aventura Advantage between 6
months and 2 years. 28.4 percent have used the service more than 2 years. 17.3
percent have used the service less than 6 months and 6.2 percent responded that it
was their first day using the Aventura Advantage. See figure 8.
Age of respondents
The majority of riders (62.6 percent) on the Aventura Advantage were 65 years of age
or older. 16.8 percent were 50-64 years of age. 10.3 percent were 35-49 years of age.
5.6 percent were 15-18 years of age. 2.8 percent were 19-24 years of age and 1.9
percent were 25-34 years of age. See figure 9.
Genderofmspondents
The overwhelming majority (81.7 percent) of respondents were females. Only 18.3
percent of respondents were male.
Race of mspondents
The majority (70.1 percent) of respondents were white. 20.6 percent were Hispanic.
5.6 percent were black and 3.7 percent were Native American. See figure 10.
Annual income of mspondents
Most respondents (42.6 percent) made less than $20,000 annually. See figure 11 for a
distribution of income of respondents.
Number of automobiles in households of mspondents
Not surprisingly, the majority of respondents (61.0 percent) had no automobiles in their
household. 23.4 percent had one automobile in their household. 11.7 percent had two
automobiles in their household and 3.9 percent had three or more automobiles in their
household. See figure 12.
8
Respondents with a valid driver's license
Most respondents (52.0 percent) did not have a valid driver's license. This is a curious
result since only 2.4 percent of respondents on the "most important reason for using
public transit" question responded that they did not have a valid driver's license.
However, 65.9 percent of those responding to the "most important reason..," question
stated that they did not drive. Perhaps these responses should be made more clear on
the questionnaire. 48.0 percent of respondents did have a valid driver's license.
Number of licensed drivers in respondent's household
43.0 percent of respondents stated that there were no licensed drivers in their
household. 25.3 percent stated that there was one licensed driver in their household.
22.8 percent stated that there were two licensed drivers in their household and 8.9
percent stated that there were three or more licensed drivers in their household. See
figure 13.
9
Satisfaction scores
Days of service
The days of service that Aventura Advantage offers were rated as very good by 90.9
percent of all respondents. 1.1 percent of respondents rated "days of service" as fair,
while none of the respondents rated "days of service" as poor or very poor. See figure
14 for the complete distribution of scores.
Hours of service
Respondents were a little less pleased with the hours of service that Aventura
Advantage offers, versus the days of service. 63.4 percent of respondents rated "hours
of service" as very good and 25.6 percent rated "hours of service" as good. 7.3 percent
rated "hours of service" as fair and 3.7 percent rated "hours of service" as poor. See
figure 15.
Frequency of service
64.7 percent of respondents overall rated the frequency of service for Aventura
Advantage as very good, while 21.2 percent rated this measure as good. 8.2 percent
rated "frequency of service" as fair and 5.9 percent rated it as poor. This could be an
area for improvement. See figure 16 for distribution of frequency of service satisfaction
scores.
Convenience of service
69.3 percent of respondents rated "convenience of service" as very good. 24.0 percent
rated it as good, while 4.0 percent rated it as fair and only 2.7 percent rated it as poor.
See figure 17 for the distribution of satisfaction of scores for convenience of service.
Dependability of service
Dependability of service is an on-time performance indicator. 84.2 percent of all
respondents rated this aspect of service as very good, while 15.8 percent rated it as
good, meaning that 100 percent of all respondents rated on-time performance as very
good or good. See figure 18.
Travel time on system
The majority (74.6 percent) of respondents rated travel time on the system as very
good, while 22.5 percent of respondents rated travel time on Aventura Advantage as
good. Only 2.8 percent of respondents rated travel time on the system as fair. See
figure 19.
Availability of bus route information/maps
71.2 percent of respondents rated availability of service as very good. 19.2 percent
rated availability of service as good and 9.6 percent rated it only as fair. This is
something which could be improved upon by Aventura Advantage. See figure 20.
10
Cleanliness and comfort
Cleanliness and comfort was rated highly. 88.4 percent of respondents rated
cleanliness as very good, while 10.3 percent rated it as good. Only 1.3 percent of
respondents rated it as fair. See figure 21.
Bus operator courtesy
Most respondents (92.4 percent) were very pleased with bus operator courtesy, ranking
it as very good. 6.3 percent rated bus operator courtesy as good, while only 1.3
percent rated this performance measure as fair. See figure 22.
Safety on the bus and at bus stops
Most respondents (90.5 percent) responded that they felt very safe on the bus and at
bus stops. 8.1 percent of respondents rated safety on the bus and at bus stops as
good, while only 1.4 percent rated the safety measure as only fair. See figure 23.
Convenience of transfer
Respondents ranked convenience of transfer less well than other performance criteria,
with 66.2 percent ranking it as very good. 20.6 percent ranked convenience of transfer
as good. 10.3 percent ranked it as fair and 2.9 percent ranked it as very poor. This is
a performance criteria which could be improved. See figure 24.
Additionally, we wanted to know if there was a difference between routes for
convenience of transfer. The results were basically the same as seen in the overall
distribution of satisfaction scores. However, only on bus routes green and yellow did
respondents list the convenience of transfer as very poor. 9.1 percent on the green
route listed convenience of transfer as very poor and 6.5 percent of respondents on the
yellow route listed convenience of transfer as very poor. This is definitely an aspect of
service which needs to be investigated. See figure 25 for the complete breakdown of
convenience of transfer by route.
Usefulness of bus route information
65.7 percent of respondents ranked usefulness of bus route information as very good.
23.9 percent ranked usefulness as good and 10.4 percent rated it as fair. It is possible
that the user friendliness of maps and other route information could be improved. See
figure 26.
Overall satisfaction with Aventura Advantage
80.2 percent of respondents were pleased with the overall service of the Aventura
Advantage. 18.6 rated overall Aventura Advantage service as good and 1.2 percent
ranked Aventura Advantage service as fair. See figure27.
One improvement respondents would make to Aventura Advantage
Over one-fourth of respondents (27.3 percent) said that they would not change
anything about Aventura Advantage. 18.2 percent of respondents wanted to keep their
driver. 14.5 percent of respondents wanted easier transfers. 12.7 percent wanted later
11
bus service. Another 12.7 percent wanted Sunday service. 9.1 percent wanted more
frequent bus service. 3.6 percent of respondents wanted better shelters and 1.8
percent of respondents wanted earlier bus service. See figures 28 and 29.
General comments about Aventura Advantage
47.4 percent of respondents commented that the Aventura Advantage provided
excellent service, while another 31.6 percent replied that the Aventura Advantage had
excellent bus drivers. 7.9 percent replied that they liked the shuttle bus service
because it is convenient. 5.3 percent of respondents commented that they would like
more stops. 5.3 percent had commented that they had no comment and 2.3 percent
wanted Sunday service. See figures 30 and 31.
Typical Rider
The typical rider of the Aventura Advantage is a white female, over the age of 65, with
an annual income of less than $20,000. The typical rider uses Aventura Advantage 3
times a week or less for shopping and errands and has used Aventura Advantage
between 6 months and 2 years.
Areas of improvement
Many respondents wanted later hours of service, more frequent service, more
convenient service and more convenient transfers. In addition, several respondents
mentioned that they would like more stops, especially on the green and yellow routes.
See figures 29 and 31.
12
60%
50%
1: 40%
CD
~ 30%
8. 20%
10%
0%
100%
3, 80%
~ 60%
~ 40%
CD 20%
Q.
0%
CD 80.0%
J 60.0%
i 40.0%
~ 20.0%
Q. 0.0%
Figure 1. Origin.
origin of trip
Figure 2. Access to bus stop.
walked 0-2 walked >2 dropped off from MDT from BeT taxi
blocks blocks route route
access
Figure 3. Egress from bus stop.
alN~ alN~
~og~^8
~ :c ~ :c
'"
>
e
"0
" 1-0> 1-...
~a. 00"5 U~
0::J -~e (D::J
0iS. .s e
.~
-
-
'"
.s::;
(5
egress
13
50%
CD
Cl 40%
J'!l 30%
c
~ 20%
"-
CD 10%
Q.
0%
30%
&
J! 20%
c
CD
e 10%
8.
80%
CD
Cl 60%
CII
-
5; 40%
~ 20%
Q.
0%
Figure 4. Destination of trip.
destination
Figure 5. Frequency of use.
0%
6 dayslweek 5 dayslweek 4 dayslweek. 3 dayslweek 1-2 dayslweek once a month
or less
frequency
Figure 6. Most important reason for using public transit.
don' drive
car not available bus more
economical
bus more
convenient
no valid DL
reason
14
Figure 7. Alternative transportation.
.-1
f::
l:! 10% .
8. 0%
fa
d
c' ...... .:0' . '. :!.~::~.::.' . ':.
,':-',:-,,-,',' -0 -','
...,..::.,./,',.,:...,...,..:,.,...:..,..:......
,...'........'-...>...,. .:,
,:............:,.."';..:.,........:::-
.::.::....,.:;i:::/i. f;:"i;:-"/:::".'-,' i:.:":,':
.; ::':;~'/,)";'!
,...:...., .,'"
......:...:.-...... ....,_..
"-,',,- ..........,....
'-,'",- ....:,.:..,............
,
.~.
!~
drive rode with walk
someone
STS
taxi wouldn~ MDT bus
make trip route
alternative transportation
Figure 8. Length of use.
.000j
ell .'
-m 40%
~ >>% '
8. 0%
'~
....'..
lid
first day
less than 6 6 months- 2 years more than 2 years
months
Length of use
Figure 9. Age of respondents.
GI 80%
ell
J! 60%
5i 40%
l:! 20%
GI
a. 0%
15-19
19-24
25-34
35-49
50-64
65 and
older
Age
15
80%
.
aI 60%
.l!l
c 40%
~
" 20%
Co
0%
25%
8, 20%
~ 15%
B 10%
...
8. 5%
0%
25%
&20%
1! 15%
· 10%
i 5%
0%
Figure 10. Race of respondents.
white
hispanic
black
native american
Race
Figure 11. Annual income of respondents.
<$10,000 $10,000- $20,001- $30,000- $40,000- $50,000- $60,000- >$60,000
20,000 29,999 39,999 49,999 59,999 79,999
income
Figure 12. Number of automobiles per household.
none
two
3 or more
one
Number of automobiles
16
50%
& 40%
S 30%
c
~ 20%
011 10%
Q.
0%
Figure 13. Number of licensed drivers in household.
none
two
3 or more
one
number of licensed drivers
Figure 14. Days of service.
90.9%
E
f~r~
...", .
':;;~
.~
very poor
fair
satisfaction level
very good
good
poor
80%
011
aI 60%
i! 40%
~ 20%
t 0%
Figure 15. Hours of service.
very poor
fair
satisfaction level
very good
good
poor
17
Figure 16. Frequency of service.
80%
..
J 60%
~ 40%
8. 20%
0%
very poor
poor
fair
satisfaction level
good
very good
Figure 17. Convenience of service.
80%
..
l:ll 60%
~
Iii 40%
~ 20%
8-
0%
very poor
poor
fair
satisfaction level
good
very good
Figure 18. Dependability of service.
100%
8. 80%
~ 60%
~ 40%
!. 20%
0%
very poor
poor fair good
satisfaction level
very good
18
80%
Gl
g) 60%
..
1l 40%
~
Gl 20%
Cl.
0%
80%
GI
J 60%
lii 40%
~
!. 20%
0%
100%
& 80%
~ 60%
~ 40%
.. 20%
Do
0%
Figure 19. Travel time on system.
74.6%
0.0%
very poor
poor fair good
satisfaction levei
Figure 20. Availability of bus route info/maps.
very good
very poor
poor fair good
satisfaction level
Figure 21. Cieanliness and comfort.
very poor
fair
satisfaction level
good
poor
19
very good
very good
20
Figure 25. Convenience of transfer by route.
fair
very good
good
c
o
13
.l!!
..
:;::l
lU
..
. green
o blue
Ell yellow
poor
very poor
"1"
aIM
0%
20%
40%
percentage
60%
80%
Figure 26. Usefulness of bus route Information.
80%
..
J 60%
~ 40%
a. 20%
0%
very poor
poor
fair
satisfaction level
good
very good
Figure 27. Overall satisfaction.
100%
& 80%
~ 60%
~ 40%
!. 20%
0%
very poor
poor
fair
satisfaction level
good
very good
21
Figure 28. One improvement.
30%
Gl
01
J!l 20%
c
QI
~ 10%
Gl
Q.
0%
nothing ea~ler later _r more Sunday Keep green better
service service transfers frequency service route driver shellers
improvements
Figure 29. Improvements by route.
beller she~ers
keep driver
-
C Sunday svc
Q)
E more frequency
Q)
e easier xfer
Co later svc
E
--
earner svc
nothing
0%
32.2116
-
SlUM
. green
Dblue
iii yellow
3D.IM
10%
20%
30%
40%
percentage
22
f!l..
!I! 20%
~ 10%
Q. 0%
shuttle bus
is
convenient
Figure 30. Comments.
47.4%
Ii
5.-'
excellent excellent no
service bus comment
operators
comments
23
5.~
need more
stops
UlIfa
need
Sunday
service
AVENTURA ADVANTAGE
ON-BOARD
SURVEY
Dear Valued Customer:
,
The City of Aventura needs information about your trip and your opinions to help
improve bus service in years to come. Your participation in the attached survey is
totally voluntary. If you do not wish to participate, please return the blank form to the
surveyor or bus operator.
Your responses to this survey will be combined with responses from hundreds of other
riders and will not in any way identify you personally. If you choose to fill out a survey,
please check (.I) the correct item, write out, or circle your answers
THANK YOU FOR YOUR COOPERATION!
AVENTURA ON-BOARD SURVEY
1. What Aventura Advantage Shuttle Bus route are you currently riding on?
(Please ./ only ONE)
Yellow Route
2
Blue Route
Green Route
3
2. Where did you come from before you got on the bus for this trip?
Home
2 Work
3 _ Training/T ech
10 _Other
4 _ School (K-12)
5 _ College
6 Medical
7 _ Shopping/Errands
6 Government
9 _ Visiting/Recreation
(specify)
3. You goton this bus at?
(Nearest condo, shopping center, office, other)
4. How did you get to the bus stop for this trip? (please ./ only ONE)
Walked 0-2 blocks
2 Walked more than 2 blocks
3 Drove
4 _ Was dropped off
5 ~ Bicycle
5. You will get off this bus at?
6 _Transfer from MDT bus route #
7 _Transfer from BCT bus route #
8 Taxi
9 _Other
(please specify)
(Nearest condo, shopping center, office, other)
6. How will you get to your final destination? (please ./ only ONE)
Walk 0-2 blocks
2 Walk more than 2 blocks
3 Drive
4 _ Will be dropped off
5 _ Bicycle
6 _Transfer from MDT bus route #
7 _Transfer from BCT bus route #
8 Taxi
9 _Other
(please specify)
7. Where are you going on THIS trip? (please./ only your FINAL destination)
, Home
2 Work
3 _ Training/Tech
4 _ School (K-12) 7 _ Shopping/Errands
6 College 8 Government
6 Medical 9 _ Visiting/Recreation
10 _Other
(please specify
8. How often do you ride the Aventura Advantage Shuttle Bus? (please ./ only ONE)
1 _ 6 days per week
2 _ 5 days per week
3 _ 4 days per week
4 _ 3 days per week
5 _ 1 or 2 days per week
6 Once a month or less
7 _ Once every _ weeks
9. What is the most important reason you ride the bus? (please ./ only ONE)
2
I don't drive
Car is not available
Bus is more economical
Traffic is too bad
5 _ Parking is difficult/expensive
6 Bus is more convenient
7 Do not have a valid drivers license
6 Other (please spedfy)
3
4
10. How would you make this trip if not by bus? (please.l only ONE)
Drive
2 Ride with someone
3 _ Bicycle
4 Walk
5_ Special Transportation Services (STS)
6 Taxi
7 _ Wouldn't make trip
6 Other
(please specify)
11. How long have you been using the Aventura Advantage Shuttle Bus service?
1 _ This is the first day
2 Less than 6 months
3 _ 6 months to 2 years
4_ More than 2 years
12. Your age is...
2
Under 15
15 to 18
3
4
19 to 24
25 to 34
5
6
35 to 49
50 to 64
7
65 or older
13. You are:
Male
2
Female
14. What is your race? (please.l only ONE)
2
White
Black
3 _ Hispanic
4 Asian
5 _Native American
6 _Other
(please specify)
15. What was the range of your total household income for 2001?
1 Less than $10,000 2 _ $10,000 to $20,000 3 _ $20,001 to $29,999
4 _ $30,000 to $39,999 5 $40,000 to $49,999 6 $50,000 to $59,999
7 $60,000 or $79,999 8_ $80,000 or more
16. How many working automobiles are available in your household?
None 2 One 3 Two 4 Three or more
17. Do you have a valid driver's license?
Yes 2
No
18. How many licensed drivers are in your household?
None 2 One 3 Two
4
Three or more
19. In general, how would you rate each of the following aspects of Aventura Advantage
Shuttle Bus service?
r------------T------------r-------------,-m---.----r---_____.m__,
Very , II ! , Very !
I I I I '
_____._.___.___.____________________.._________________________________________.1 Good i Good I Fair i Poor I Poor I
l=;~=;;'~~-cliE:~=r:a-~j=d~~o==ti:j
I J ' I I '
, :~-- ~:~:?~~~~:i:;~~~--(hO~~ft~~- bU~;~~:~---t--- : -.r----1-----t-.---: .---\-----;-----l--.--.-~------1
~~~~::~:~~go)-=-::ffR=ft-F--=R
r:r;;;~~~~---------- - 5=t~-r-;--2---~---
--;---- ~:~~;~t:~ c:~;:~~-at b-us~~~~~------~---_f-+1---: --I------;-.--.I.----;---t.----~--.---.-j
-.~~ftr;;;;;;;;;;~~T3I-2--r;.-j
m. Advantage Shuttle service _____ ~ _~i~__ __~__L___~____...J
20. If you could make only ONE improvement to the Aventura Advantage Bus Shuttle
system, what would it be?
Comments and Suggestions about Aventura Advantage Bus Shuttle service:
THANK YOU FOR COMPLETING THE SURVEY.
PLEASE RETURN THE COMPLETED SURVEY TO THE
BUS DRIVER OR SURVEYOR.
AVENTURA ADVANTAGE
ON-BOARD
SURVEY
. Dear Valued Customer:
,
La ciudad de Aventura necesita necesitamos informaci6n sobre su viaje y sus
opiniones para poder mejorar nuestros servicios en el futuro.
Su participaci6n en el cuestionario es total mente voluntaria. Si no quiere participar,
por favor devuelva este cuestionario al conductor 0 investigador en cargo del
cuestionario.
Las respuestas de este cuestionario van a ser combinadas con cientos otros
cuestionarios y sus respuestas no 10 identificara personalmente de ninguna manera.
Gracias por ayudar mejorar nuestros servicios! Si eliges completar el informe, por
favor marque (..J), escribe, 0 circula sus respuestas.
GRACIAS POR SU COOPERACION!
AVENTURA ON-BOARD SURVEY
1. l,En que ruta de Aventura Advantage Shuttle Bus estas ahora mismo?
(Marque (,,) solo UNA respuesta)
Ruta Amarilla 2 Ruta Azul 3 Ruta Verde
2. l, De donde venias antes de montarte en el autobus para este viaje?
Casa 4 _ Escuela (K-12)
2 _ Trabajo 5 Universidad
3 Escuela Tecnica 6 Medico
7 _ Compras I Diligencia
a Govierno
9 Visita I Recreaci6n
10 Otro
(especifica )
3. l,D6nde te subiste en el autobus?
(Parada-de autobus 0 intersecci6n de calle Ilugar de calle mas cerca del autobus)
4. l,C6mo lIegaste a la parada de autobus para este viaje? (Marque (,,) solo UNA
respuesta)
Caminado 0-2 cuadras 6
2 Caminando mas de 2 cuadras 7
3 Conduciendo a
4 _ Me lIevaron a la parada 9
5 Por Bicicleta
Una transferencia de MDT ruta #
Una transferencia de BCT ruta #
Taxi
Otro
(especifica)
5. l,D6nde te va a dejar este autobus?
(Parada de autobus 0 intersecci6n de calle Ilugar de calle mas cerca del autobus)
6. l,C6mo vas a lIegar a su ultimo destinaci6n? (Marque (,,) solo UNA respuesta)
Caminado 0-2 cuadras a Una transferencia de MDT ruta #
2 Caminando mas de 2 cuadras 7 Una transferencia de BCT ruta #
3 Conduciendo a_Taxi
4 _ Me van a lIevaron a la parada 9 Otro (especifica)
5 Por Bicicleta
7. l, A donde vas en ESTE viaje? (Marque (,,) solo UNA respuesta)
1 Casa 4 _ Escuela (K-12) 7 _ Compras I Diligencia
2 _ Trabajo 5 Universidad a Gobierno
3 Escuela Tecnica 6 Medico 9 Visita I Recreaci6n
10 Otro (especifica)
8. l,Cuantas veces usted usa el sistema de Aventura Advantage Shuttle Bus?
(Marque (,,) solo UNA respuesta)
6 dias a la semana 3 4 dias a la semana 5
5 dias a la seman a 4 3 dias a la semana 5
2
1 02 dias a la semana
Una vez al mes
Una ves cada seman as
I
I
7
9. l.Cual es la raz6n mas importante por usar esta ruta de autobOs? (Marque Nl solo
UNA respuesta)
1 _ No condujo
2 _ Automovil no es disponible
3 AutobUs es mas econ6mico
4 _ Hay demasiado trafico
5 _ Aparcamiento demasiado dificil
6 Autobus es mas conveniente
7 Do not have a valid drivers license
6 Otro (especifiea)
10. l,C6mo harias este viaje si no por autobus? (Marque (,,) solo UNA respuesta)
1 Conduciendo
2 _ Alguien me lIagaria
3 Por B icicleta
4 Caminando
5_ Special Transportation Services (STS)
6 Taxi
7 _ No puedo de otra manera
6 Otro (especifiea)
11. l,Por cuanto tiempo has utilizado el servicio de Aventura Advantage Shuttle Bus?
1 _ Este es el primer dia 3 6 meses a 2 alios
2 Menos de 6 meses 4 Mas de 2 alios
12. Su edad es:
Meno"s de 15 3
15a18 4
2
19 a 24
25 a 34
5
. 6
35 a 49
50a64
7
65 0 mas
13. Usted es:
Macho
2
Hembra
14. l,Cual es su raza? (Marque (,,) solo UNA respuesta)
1 _ Caucasico No-Hispano 3 _ Hispano 5
2 Americano Africano 4 Asiatico 6
Indio Norte Americano
Otro (especifiea)
15. l, Cual fue el intervalo de ingreso total de su casa por el alio 2001?
1 Menosde$10,OOO 2 $10,000 a $20,000 3_$20,001 a $29,999
4 = $30,000 a $39,999 5 = $40,000 a $49,999 6 _ $50,000 a $59,999
7 _ $60,000 a $79,999 8_ $80,0000 mas
16. l,Cuantos automobiles so disponibles en su hogar?
1 _ Ninguno 2 Uno 3 Dos
4
Tres 0 mas
17. l,Usted tiene una Iicencia valida de conducir?
Si
2
No
18. l,Cuntos conductores con licencia hay es su hogar?
1 _ Ninguno
2
Uno
3
Dos
4
Tres 0 mas
19. l,En general, como usted evaluaria los siguientes aspectos del servici6 de autobus
Aventura Advantage Shuttle Bus?
r-.---------T------------I--------l---------r--------.----1
I ~uy ! Malo i Muy i
f------------Portavorcjrcula-~Tnumero que-meJOr------i B;n I Bueno I Neutral I I Malo I
f--~:.--Dr;~ de-~~~~:~~s~~ta -~Y-9E.!0q-'!:-----------.---r------5---__t_---4----+----3-------[----2-t---~.----1
r------------------------------------------.----------------.----.-- ---------- " - .. '
~ Conveniencia de las rutas de autobUs (donde II I II' ----.--1
d. van los autobuses) 5 4 3 2 1 i
---------.----~-------------------------------------t----------+--------r------r--------------i
e. Fiabilidad de los autobuses (a tiempo) I 5 I 4 I 3 I 2 1 1 I
--- ------- ----~-----.- ------ --.::-1--------'
_!~__ Tie:mpo pasado en a~_~ob~___ 5 I 4 3 ~_J 1 j'
Colocacion de informacion de las rutas de I I
g. autobus / cartas / mapas H 4 3 2. 1 !
---------------"--------------- - ------.-.----- ----[------1
I h. Asientos comodos y limpios 5 I 4 3 2 1 I
i------------- - -----r----- ------ ------1 -------i
I~~~-~:;;;~;;e~e~~~;;~;:as_~e a~~~~9-~-~:____: }___i-~- _ : _.J_=~i_j~-~-~~:
Facilidad de trasferir entre ias rutas del y J
k. autobus 5 4 3 2 1 i
---- ----------------- - --- ---- --- -------1
Utilidad de informacion de las rutas de I
I. autobus / cartas / mapas
-~-t---~-I'--~--ITi
l ~~ 4 __~__ _~.____~~_J
~.
Su satisfaccion en general con el autobus
Aventura Advantage Shuttle
20. l,Cual seria UNA mejoraci6n que usted Ie arria al servicio de autobus Aventura
Advantage Bus Shuttle?
Comentarios y sujeciones para el sistema de autobus Aventura Advantage Bus
Shuttle:
GRACIAS POR TERMINAR EL ESTUDIO!!!
POR FAVOR ENTREGE EL ESTUDlO COMPLETADO A EL CONDUCTOR
DEL AUTOBUS 0 AL INVESTIGADOR.
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: January 24,2003
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: Traffic Control Jurisdiction Agreement - Williams Island Associates,
Ltd.
February 4, 2003 City Commission Meeting Agenda Item 0
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with Williams Island, Ltd. to provide traffic control
jurisdiction by our Police Department over Island Boulevard. The Agreement will
increase the visibility of the police force and enhance traffic enforcement.
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
a program that allows a condominium or homeowners associations to enter into an
Agreement with the City to provide traffic control jurisdiction over a private roadway
within the development. This permits the Police Department to conduct traffic
enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Commission
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01147-03
-,
'.... :;;:.....
..') ..
'..--=_1!!7"
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into thisJ3!hday Of~f1UQ;r::t . 200~,
by and between W U..L.I A M S J SL. fl IV 0 A &Sac i fI T e.s L TD,
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
"City"). -
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
WiLLiAMS
I SL. flrJ 0
of Dade County, Florida, and commonly known as J S'-t1rJ 0 !30Uh..CV AKo
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/lOO Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
"
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
jurisdiction which are similar in nature to the Private Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise provided under law.
(d) In addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionary additional traffic control jurisdiction, although the City shall
2
...
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the services performed
by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City for violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liability Not Increased. Neither the existence of this Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
-,
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Aqreement. This Agreement constitutes the entire understanding
and agreement of the parties with respect to the subject matter hereof and may not be
changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
7. Governinq Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11th
Judicial Circuit in and for Dade County, Florida.
8. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in part by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
4
",
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
In the presence of:
&.~~-
U
E..;TDr1") 7l~//os /
By
4rM~Tn In
.QE( "lctJ-r)
CITY OF AVENTURA, a Florida
Municipal corporation
ATTEST:
By
Teresa M. Soroka, CMC/AAE
City Clerk
Eric M. Soroka
City Manager
Approved as to Legal Sufficiency:
City Attorney
5
"
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of the on
a random basis 24 hours per day. Whenever possible, Traffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
pa!rol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit B.
6
"
Exhibit B
Compensation
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
7
"
Operations:
Alan Matus
Stephanie Trump
Rod White
Jan Brooks
Al Epstein
Jonathan Evans
David Arnowitz
Charlotte Held
W.I. Clubs
Rod White
Jan Brooks
Al Epstein
Jack Smith
Jonathan Evans
Harris Friedman
David Arnowitz
Paul Lane
Dick Slavin
V. MANAGERS REPORT
The Managers report was presented and accepted as read.
VI. COMMI'ITEE REPORTS
Finance
Harris Friedman summarized the recent meeting of the Finance Committee.
He stated that all the loans had been paid off, and the seawall loan had been
renegotiated, but not yet finalized.
Ooerations
Al Epstein summarized the recent meeting of the Operations Committee.
Police Captain Seechak and Corporal Gonzalez from the Aventura Police
Department had been invited to the meeting. They presented a Traffic Control
Jurisdiction Agreement between Williams Island and the City of Aventura to
allow police officers to write tickets for traffic violations on Williams Island.
It was felt that this was necessary in an attempt to control speeding, and the
running of stop signs on Island Boulevard. A1 Epstein made a motion that the
Property Owners Association enter into the Traffic Control Jurisdiction
Agreement with the City of Aventura. Jan Brooks seconded. Motion
unanimously carried.
Rod White made a motion to have a stop sign installed on Island Boulevard in
front of the 2600 building. Jan Brooks seconded. Motion unanimously
carried.
~
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
WILLIAMS ISLAND ASSOCIATES, LTD. AND THE CITY
OF AVENTURA; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Williams Island Associates, Ltd. and the
City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
City Commission
Eric M. Soroka, ICMA-CM, City
DATE:
January 27, 2003
SUBJECT: Resolution Designating City Man er 0 Approve Temporary State
Road Closure Permits
February 4, 2003 City Commission Meeting Agenda Item ,,- T..
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution which
designates the City Manager as the City Official authorized to approve temporary state
road closure permits for special events.
BACKGROUND
The FDOT has requested that the City designate an official of the City to authorize
temporary state road closure permits for special events.
Since the incorporation of the City, we have not received a request for the closure of a
state road for a special event.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
eeo 1149-03
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, DESIGNATING THE CITY MANAGER, ON BEHALF OF THE CITY
OF AVENTURA, AS THE AUTHORIZED CITY OFFICIAL TO APPROVE AND
SIGN TEMPORARY STATE ROAD CLOSURE PERMIT REQUESTS FOR
SPECIAL EVENTS; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. On behalf of the City of Aventura, the City Commission hereby
designates the City Manager to approve and sign temporary state road closure permit requests
for special events.
Section 2. Any and all requests for temporary State Road closures within the City of
Aventura shall be authorized by motion or resolution of the City Commission.
Section 3. The City Manager is hereby authorized to do all things necessary to carry
out the aims of this Resolution.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
put to a vote, the vote was as follows:
, who moved its
, and upon being
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 4th day of February, 2003.
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
\\
Florida Department of Transportation
JEB BUSH
GOVERNOR
THOMAS F. BARRY, JR.
SECRETARY
Friday, December 13, 2002
Mr. Eric M. Soroka, City Manager
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
Dear Sir:
~ Cun'8nt Approved SIgnature Usting
The District VI Permit Office of the Department of Transportation is requesting your assistance in
updating our current approved signature listing of personnel authorized to act on behalf of your
municipality to sign temporary state road closure permit request for special events. As an option to a
specific name the ovemmental authori ma, b resolution, desi nate a ition within that y,
( yor, City Manager, ate. to authorize and sign for t at body. Also, it is important to realize the
Department will need a resolutIon or mInutes Of a scnOOUlOO meeting authorizing any specific special
event that will require a temporary State Road Closure within your jurisdiction as per Florida
Administrative Code Chapter 14-65.
-
We do recognize you may not have applied for a special event the recent past and/or may not in the
near future, however we would greatly appreciate your help in this matter. It will allow us to more
timely respond to your future requests.
The Department would like to thank you in advance for your attention to this matter Please do not
hesitate to call me at 305-470-5267 for any further clarification.
Sincerely,
~a!
cc: R. Steiner, W. Nor, file
DEe 1 i ?I\{\?
{lEe ,? 2UU2
OFFICE uFi HE
ern' MM~AGER
www.dot.state.fl.us
$ RECYCL.ED PAPER
CITY OF AVENTURA
CITY MANAGER'S OFFICE
Ma;MQRANDU~
TO:
City Commission
BY:
Eric M. Soroka, City
Antonio F. Tomei, pital P ojects Manager af.:J
FROM:
DATE:
January 24, 2003
".
SUBJECT: Aventura Community/Recreation Center
February 4, 2003 City Commission Meeting Agenda Item ~
Recommend!l!.2n
It is recommended that the City Commission adopt the attached Resolution dedicating
a ten (10) foot wide by fifteen (15) foot long Easement to the City of North Miami Beach
for the Aventura Community/Recreation Center.
Backaround
The City of North Miami Beach requires an Easement to operate and maintain water
services for the Aventura Community/Recreation Center.
If you have any questions or need any additional information, please feel free to
contact me.
Attachment
RESOLUTION NO.2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DEDICATING A TEN (10)
FOOT WIDE BY FIFTEEN (15) FOOT LONG EASEMENT
TO THE CITY OF NORTH MIAMI BEACH ON THE
AVENTURA COMMUNITY/RECREATION CENTER SITE;
PROVIDING FOR RECORDATION; AUTHORIZING THE
CITY MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE PURPOSES OF THIS RESOLUTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura requires potable water service to the new
Community/Recreation Center located at 3375 NE 188th Street; and
WHEREAS, the City of North Miami Beach requires an easement for operation
and maintenance of water service lines for the new Community/Recreation Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Easement dedication, as reflected on the attached
Easement, inclusive of the Sketch and Legal Description, is hereby accepted and the
City Manager is hereby authorized to cause such Easement to be recorded in the
Official Records of Miami-Dade County, Florida, subject to confirmation by the City
Attorney as to the legal form and sufficiency of the Dedication and instrument of
conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes 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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
"
EASEMENT AGREEMENT
THIS AGREEMENT made and entered into this
day of
, 20 , by and between the City of Aventura. 19200 West Countrv
Club Drive. Aventura. FLu 33180, as First Party, and CITY OF NORTH MIAMI BEACH, a
Florida municipal corporation, hereinafter referred to as CITY.
WHEREAS, First Party is the owner of the property described in Exhibit A, attached
hereto, in Dade County, Florida, and
WHEREAS, First Party desires to cooperate with the City to provide better water service
to its property; and
WHEREAS, First Party has agreed to give the CITY the easements and privileges herein
set forth to construct and maintain the necessary mains and other needed facilities.
NOW, THEREFORE,
WITNESSETH:
That for and in consideration of the premises and in further consideration of the
sum of Ten Dollars in hand paid to First Party by CITY, receipt whereof is hereby acknowledged
by First Party, it is agreed as follows:
c:\winword\easementwtr\
DATE
I
Initials:
Developer:
City:
-,
1. First Party hereby grants and gives the CITY, its successors and assigns, the
exclusive right and privilege to construct, maintain and operate in the property described in
Schedule "B" hereto attached and made a part hereof, for the construction, operation and
maintenance of water facilities (including transmission mains, distribution mains, supply pipes,
collection pipes, manholes, valves, connections, pumps and all other physical facilities and
property installations) that are required, including necessary rights of ingress and egress through
the property of First Party for such period of time as the CITY, or its successors or assigns,
requires such rights, privileges or easements for operation and maintenance of said system or
systems.
2. The CITY will endeavor not to damage any of the owner's property during the
maintenance or repair of any of the CITY's facilities. However, in the event there is damage to
the First Party's property in the easement caused by the CITY during maintenance and repair of
the CITY's facilities, the CITY will restore pavement, curb-gutter, sidewalk and sod at its cost.
The CITY will not be responsible for the cost of repairs to structures, landscaping, or any other
property lying within the easement should they be damaged by the CITY during their maintenance
and repair operations.
3. Nothing in the Agreement and the easement, herein granted shall be construed to
prevent First Party or its successors in interest from granting exclusive or non-exclusive rights,
privileges and easements to other persons, firms and corporations, for furnishing utility services
c:\winword\easementwtr\
DATE
2
Initials:
Developer:
City:
"
other than water service, providing the location of the other utilities are not located in an area
above the water facilities from three (3) feet on one side of the facility to three (3) feet on the
other.
4. First Party covenants and agrees that all instruments of conveyance executed by it
with respect to any parcel or parcels of its property shall contain a legend that such conveyance is
subject to the rights and privileges granted by this Agreement to the CITY, its successors and
assigns.
5. The foregoing provisions contained in this Agreement are hereby declared to be
reservations, conditions, limitations and restrictions running with the above described land and
each and every part and parcel thereof and shall be binding upon all subsequent owners and
purchasers thereof and all grantees named in deeds of conveyance covering any part or parcel of
said land.
6. First Party does fully warrant that it has good title to the above property and that it
has full power and authority to grant this easement.
This Agreement shall be recorded by the CITY on, the Public Records of Dade County
with the First Party to pay all costs of recording.
c:\winword\easementwtr\
DATE
3
Initials:
Developer:
City:
"
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
Signed, sealed and delivered
in the presence of:
CITY OF A VENTURA
BY:
CITY MANAGER
Signature of Witness #1
ERIC M. SOROKA, ICMA-CM
Printed Name of Witness #1
Signature of Witness #2
19200 West Country Club Drive
Aventura. FL 33180
ATTEST:
CITY CLERK
Printed Name of Witness #2
TERESA M. SOROKA, CMC
19200 West Country Club Drive
Aventura, FL 33180
STATE OF FLORIDA COUNTY OF
DADE
Before me personally appeared Eric M. Soroka. ICMA-CM and Teresa M. Soroka. CMC.
to me well known, and known to me to be the individuals described in and who executed the
foregoing instrument of the above named City of Aventura. a Corporation, or having produced
current drivers license as identification, and severally acknowledge to and before me that they
executed such instrument of said Corporation, and that the seal affixed to the foregoing
instrument is the corporate seal of said Corporation and that it was affixed to said instrument by
c:\winword\easementwtr\
DATE
4
Initials:
Developer:
City:
"
-'
,
due and regular corporate authority, and that said instrument is the free act and deed of said
Corporation and did/did not take an oath.
WITNESS my hand and official seal, this
day of
, A.D. 20
(Signature of Notary)
(Name of Notary Typed, Printed or Stamped)
(Title or Rank)
c:\winword\easementwtr\
DATE
5
Initials:
Developer:
City:
"
THE CITY OF NORTH MIAMI BEACH hereby accepts this Grant of Easement.
WITNESS
WITNESS
CITY MANAGER
Printed Name
APPROVED AS TO FORM:
CITY ATTORNEY
CITY CLERK
(SEAL)
Printed Name
Printed Name
EXHIBIT "A"
c:\winword\easementwtr\
DATE
6
Initials:
Developer:
City:
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SCHEDULE "B"
(Legal description often (10) foot by fifteen (15) foot utility easement)
c:\winword\easementwtr\
DATE
7
Initials:
Developer:
City:
WATER LINE EASEMENT
A PORTION OF TRACT "A", HUBER TRACT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 140, PAGE 58. OF THE PUBLIC RECORDS OF MIAMI.DADE
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS,
,
,
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "A", THENCE NORTH
86'45'42" EAST, ALONG THE SOUTH LINE OF SAID TRACT "A", FOR A DISTANCE OF 1100
FEET TO THE POINT OF BEGINNING; THENCE NORTH 03'14'18" WEST, FOR A DISTANCE
OF 15,00 FEET; THENCE NORTH 86'45'42" EAST, FOR A DISTANCE OF 10,00 FEET;
THENCE SOUTH 03'14'18" EAST, FOR A DISTANCE OF 15,00 FEET; THENCE SOUTH
86'45'42" WEST, FOR A DISTANCE OF 10,00 FEET TO THE POINT OF BEGINNING;
SAID LAND LYING IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA
"'" NOTE: BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING, THE WEST
LINE OF SAID TRACT "A" BEARS NORTH 03'14'18" WEST,
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
61G17-6 (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR LAND
SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL LAND SURVEYORS IN
SEPTEMBER. 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA
STATUTES. AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
CRAVEN THOMPSON & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION lB271
~;V
SCOTT A REID
PROFESSIONAL SURVEYOR AND MAPPER NO, 6258
STATE OF FLORIDA
THIS SKETCH IS NOT VAUO WITHOUT THE
SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
JAN 2 3 2003
N :\ClericaIVOBS\2002\02-00 13\LEGALS\ WATER ESMT.doc
SHEET I of 2
January 15.2003
(;j CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS . PLANNERS . SURVEYORS
'6t.~ 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400
", FAX, (954) 739-6409
FORo CITY OF AVENlURA
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UPDATES and/or REVISIONS
DETAIL
JOB NO.: 020013
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UGEND
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DATE
BY CK'O
DRAWN BY: SAR
NOTE: THIS IS NOT A Sl<ETCH Of SURVEY, blJl only 0 graphic; depiction
of the ducriptiOf'l sho...n hereon_ There nos been no field wo..-k, viewing 0'
the subjec;:t property, or monuments set in connection with the preparation
of the infOf"motion shown hereon.
SKETCH TO ACCOMPANY DESCRIPTION
WA TER LINE EASEMENT
SOY06'52NE 334.74'
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MIAMI DADE COON TY RECORDS
OFFICIAL RECORDS BOOK
ARC LENGTH
CENTRAL ANGLE
RADIUS
SHE;T 2 OF 2 SHEETS
!:!QJ!. The undersigned and CRA~N-TH0t.4PSON 4( ASSOCIATES, INC. make no
repreSflntotion. 01" gUCK"onlllll' o. to the information fllnectlld hereon peI'"tolnin'il to
easemenh, righh-of-wQ)I. set bock linlls. reservation., ogfClllmllnh and other
.Imilof moUe... and further. Ii'll. instrument i. nol intended 10 reflect or SlIt forth
otl such matters. Such lnf(l(rnotlon should be obtained and confirmed by others
through appropriate title verificQtlon.
~ lands shown hereon wefe not abstracted for rlght-ot-wo)' and/or
easements of reco.rd.
G; \2002\02001J\DWG\AVENTURA EASEMENT$.OWG
CHECKED BY: JVN
F.B. N/A
PG. N/A
DATED: 1/14/03
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
BY:
Eric M. Soroka, City
H~Fi
port Services Director
TO: City Commission
FROM:
DATE:
January 28, 2003
SUBJECT: Resolution Amending Money Purchase Plan
Commission Meeting Agenda Item " . K.
Recommendation
It is recommended that the City Commission adopt the attached Resolution which changes
the contribution percentages and loan guidelines for the City's 401 (a) Money Purchase Plans
covering all fulltime employees.
BackQround
The City has a total of three 401 (a) Money Purchase Plans. The first plan covers the City
Manager, the second covers Department Directors and Assistant Directors and the third
covers all other employees (General Employees). The plan for General Employees was
revised in 2000 to improve the vesting percentage based on negotiations with the PBA
bargaining unit.
The PBA contract which is on the current agenda includes an increase in the City contribution.
from 12% to 13.5%. I recommend that we also contribute the 13.5% for non-unionized
employees. This will continue the City's practice of providing equal benefits between
unionized and non-unionized employees. This change would require a change to the 401 (a)
plans for Department Directors and Assistant Directors (ICMA Plan#109535) and General
Employees (ICMA Plan#109534).
In addition, I recommend that the City change the "Loan Guidelines" for all three 401 (a)
plans. This change will enhance the value of the plans by allowing loans for more purposes
than is currently allowed Since all loans are automatically repaid by mandatory payroll
deductions as long as the employee is employed by the City or deduction from their accounts
upon termination of employment, this will have no financial impact to the City.
Based on the foregoing, I strongly recommend approval of the changes which will be
accomplished by adoption of this resolution. If you have any questions or need additional
information, please feel free to contact me.
HMK/mn
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED REVISED ADOPTION AGREEMENT AND
TRANSMIT SAME TO THE ICMA RETIREMENT CORPORATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has employees rendering valuable services; and
WHEREAS, in recognition of said valuable services, the City adopted Resolution
No. 96-19 establishing money purchase plans for all full time City employees; and
WHEREAS, City staff and the City Manager recommend that the contribution
percentage contained in Plan No. 9534 covering General Employees and Plan No. 9535
covering Department Directors and Assistant Department Directors be revised to reflect
a higher percentage contribution and that all plans be amended to liberalize loan
provisions contained in the Loan Guidelines; and
WHEREAS, the City Commission, concurs with said recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Revised Adoption Agreement and to transmit same to the ICMA Retirement Corporation.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner
moved its' adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
who
and
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED THIS 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ICMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
REVISED ADOPTION AGREEMENT (EFFECnVE 10-1-02)
Account Number OJ 5.3 4-
The Employer hereby establishes 'a Money Purchase Plan and Trust to be known as City of Avent'
F.mp 1 oy""" R..r-i rement Plan (the "Plan") in the form of the ICMA Retirement
Corporation Prototype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defmed contribution money purchase plan.
o
Yes
o
No
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
I.
Employer:
City of Aventura
II. Prototype Sponsor:
Name:
ICMA Retirement Corporation
Address:
777 N. Capitol Street, N.E.
Washington, D.C. 20002-4240
Telephone Number: (202) 962-4600
III. The Effective Date of the Plan shall be the first day of the Plan Year during which the
Emplorer adopts the Plan/.unless an alternate Effective Date is hereby specified:
-:To if I, lqq~ .
IV. Plan Year will mean:
o The twelve (12) consecutive month period which coincides with the limita-
tion year. (See Section 6.05([) of the Plan.)
~ The twelve (12) consecutive month period commencing on 10/01 and
each anniversary thereof.
MAR 1 () 'l000
REVISED ADOPTION AGREEMENT (EFFECTIVE 10-1-02)
I
V. Normal Retirement Age shall be age 5~1/ 2(not to exceed age 65).
VI. ELIGIBILITY REQUIREMENTS:
1. The following group or groups of Employees are eligible to participate In the Plan:
All Employees
All Full, TIme Employees
Salaried Employees
Non,union Employees
Man~gem~nt Employees
Public Safety Employees
General Employees
X Other (sQecify below)
All employees other than City Manager, Department
Directors and Assistant Department Directors.
The group specified must correspond to a group of the same designation that is defined
in the statutes, ordinances, rules, regulations, personal manuals or other material in
effect in the state or locality of the Employer.
2. The Employer hereby waives or reduces the requirement of a twelve (12) month
Period of Service for participation. The required Period of Service shall be N / A
(write N/A if an Employee is eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
Covered Employment Classification. I
3. A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N/ A (not to exceed age 21. Write N/A if no
minimum age is declared.)
VII. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose one, if applicable):
rn Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
13.5% (EFFECTIVE 10-1-02)
The Employer shall contribute on behalf of each Participant g;-Q.% of
Earnings or $D.....-O.dor the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required to contribute 0 0 % of Earnings
or $.L....O..Qfor the Plan Year as a condltion of participation in the Plan. (Write
"0" if no contribution is required.) If Participant Contributions are required
under this option, a Participant shall not have the right to discontinue or
vary the rate of such contributions aftd( becoming a Plan Participant.
f'<
I
REVISED ADOPTION AGREEMENT
(EFFECTIVE 10~1-02)
The Employer hereby elecrs ro "pick up" the Mandatory{Required Participant
Conrribution.
o
Yes
5il
No
[Note to Employer: Neither an opinion letter issued by the Internal
Revenue Service with respect ro the Prototype Plan, nor a determination
letter issued to an adopting Employer is a ruling by the Internal Revenue
Service that Participant contributions that are picked up by the Employer are
not includa,ble in the Participant's gross income for federal income tax pur-
poses. The Employer may seek such a ruling.
Picked up conrributions are excludable from the Participant's gross
income under section 414(h)(2) of the Internal Revenue Code of 1986 only
if they meet the requirements of Rev. Rul. 81-35,1981-1 C.B. 255. Those
requirements are (1) that the Employer must specify that the contributions,
although designated as employee contributions, ate being paid by the Em-
ployer in lieu of contributions by the employee; and (2) the employee must
not have the option of receiving the contributed amounts directly instead of
having them paid by the Employer to the plan.]
o Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant _ % of Earn-
ings for the Plan Year (subject to the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed _% of
Earnings or $_. Under this option, there is a single, fixed tate of Em-
ployer contributions, but a Participant may decline to make the required
Participant contributions in any Plan Year, in which case.no Employer contri-
bution will be made on the Participant's behalf in that Plan Year.
o Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
_ % of the Participant conrributions made by the Participant for
the Plan Year (not including Participant contributions exceeding _ % of
Earnings or $ ); ,
PLUS % of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includ-
ing Participant contributions exceeding in the aggregate _% of Earnings
or $ ).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or _ % of Earnings, whichever is 0 more or
o less.
REVISED ADOPTION AGREEMENT (EFFECTIVE 10-1-02)
E
2. Each Participant may make voluntary (unmatched), after~tax contribution, subject to
the limitations of Section 4.05 and Articles V and VI of the Plan.
o Yes []l No
3. Employer contributions and Participant contributions shall be contributed to the
Trust in accordance with the following payment schedule:
Bi-weekly
VIII. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
o Yes
w
No
(b) Bonuses
o
Yes
I&i
No
IX. LIMITATION ON ALLOCATIONS
If the Employer (i) maintains or ever maintained another qualified plan in which any Par~
ticipant in this Plan is (or was) a participant or could possibly become a participant, and/or
(ii) maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi~
vidual medical account (as defined in section 415(1)(2) of the Code, under which amounts
are treated as Annual Additions with respect to any Participant in this Plan) the Employer
hereby agrees to limit contributions to all such plans as provided herein, if necessary in order
to avoid excess contributions (as described if'_ Sections 6.03 and 6.04 of the Plan).
1. If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(a) through (f) of the Plan will apply as if tr.e other plan were a
Master Prototype Plan, unless another method has teen indicated below.
o
Other Method. (Provide the method under which the plans will limit
total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner that precludes Employer
discretion. )
I
REVISED ADOPTION AGREEMENT
(EFFECTIVE 10-1-02)
2. If the Participant is or has ever been a participant in a defined benefit plan main-
tained by the Employer, and if the limitation in Section 6.04 of the Plan would be
exceeded, then the Participant's Proj~ted Annual Benefit under the defined benefit
plan shall be reduced in accordance with the terms thereof to the extent necessary to
satisfy such limitation. If such plan does not provide for such reduction, or if the
limitation is still exceeded after the reduction, annual additions shall be reduced to
the excmt o""""""'ry in the manner described in Sections 6.01 through 6.03. The
methods of avoiding the limitation described in this paragraph will not apply if the
Employer indicates anothet method below.
o Ot:t= Method. (Note to Employer: Provide below language which will satisfy
the 1.0 limitation of section 415(e) of the Code. Such language must
preclude Employer discretion. See section 1.415-1 of the Regulations for
guidance.}
3. The limitation year is the following 12-consecutive month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1) the minimum
vesting requirements as noted and (2) the concurrence of the Plan Administrator.
Year.; of
Serv ice
C'",mnleted
Specified
Percent
Vestin~
:'.
!
'"
Zero
One
Two
Three
Four
Five
Six
Seven. or more
o %
o %
--e- %
--.$0-- %
--40-- %
--~~%
-...aO-- %
100 %
Revised Percent
Vesting Effective
1/1/00
Minimum
Vesting
Reauiremencs**
20%
40%
60%
80%
100%
100%
N.o minimum
No minimum
No minimum
Not less than 20%
Not J~ilian 40%
Not lesi-eNn 60%
Not less than 80%
Must~qual lC<J%
(..These minimum vesting requirement:; conform to the Code's three to seven year vesting
schedule. If the e~ployee becomes 100% vested by the completion of five yearsof service,
there is no minimum for years three and four.)
,
!
j
,
I
XI.
Loans are permitted under the Plan, as provided in Article XIV:
ijU
Yes
REVISED ADOPTION AGREEMENT
o
No
(EFFECTIVE 10-1-02)
B
XII. The Employer hereby atteslll that it is a unit of state or l~l government or an agency or
insaumencality of one or more unics of state or local government.
XIII. The: Prococype Sponsor hereby agrees co inform the Employer of any amendmena CO the
Plan made pumJant to Section 15.05 of the Plan or of t:he discontinuance or abandonment
of the'Plan.
XIY. The: Employer hereby appoints t:he Protocype Sponsor as the Plan Admini.scracor pursuant to
the terms and conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE'
MONEY PURCHASE PLAN &. TRUST.
,
The Employer hereby agrees to the provisions of the Plan and Trust.
xv. The Employer hereby acknowledges it understands that failure co properly fiU out this
Adoption Agreement may result in disqualification of the Plan.
XVI. An adopting Employer may not rely on .. notification letter issued by the National or
District Office of the Internal Revenue Service as evidence that the Plan is qualified
under section 401 of the Internal Revenue Code. In order to obtain reliance with
respect to plan qualification, the Employer must apply to the appropriate key district
office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document
number 001.
"- In Wimess Whereof, the Employer herepy causes this Agreement to be executed on "
this day of ---"--'-_ .
EMPLOYER
AccepteJ;b /l..:M4 R~IREMENT CORPORATION
By'
. r;rl.c" 1'1. :,oroka
By:_____
TItle: Ci ty Manajrer
f .
TItle: Corppraie&:cretary
Attest: I ~_
Attest:
HAR 1 6 2000
II
f"..,'
REVISED ADOPTION AGREEMENT
(EFFECTIVE 10-1-02)
ICMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
#001
REVISED ADOPTION AGREEKENT (EFFECTIVE 10-1-02)
Account Number ~ 'S:,~
The Er:'ployer hereby esta\:>lishes a Money P~i~~in;dpi'-lH1to be known as City of Aventur
Dept. D~rector.& Ass~st Dept D~r .li:h~ "Plan") in the fmm of the ICMA Retirement
Corporation Prototype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
o
Yes
~
No
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
I.
Employer:
CITY OF AVENTURA, FLORIDA
II. Prototype Sponsor:
Name:
ICMA Retirement Corporation
Address:
777 N. Capitol Street, N.E.
Washington, D.C. 20002-4240
Telephone Number: (202) 962-4600
Ill. The Effective Date of the Plan shall be the first day of the Plan Year during which the
Employer adoprs the Plan, unless an alternate Effective Dare is hereby specified:
IV. Plan Year will mean:
o The twelve (12) consecutive month period which coincides with the limita-
tion year. (See Section 6.05(i) of the Plan.)
13 The twelve (12) consecutive month period commencing on 10/01 and
each anniversary thereof.
MPP Adoption Agreement 12/23/94
001-94
D
V. Normal Retirement Age shall be age 9+ l/~not to exceed age 65).
VI. ELIGIBILITY REQUIREMENTS:
1. The following group or groups of Employees are eligible to participate in the Plan:
x
Department
All Employees
All Full-Time Employees
Salaried Employees
Non-union Employees
Man~gement Employees
Public Safety Employees
General Employees
Other (specify below)
Directors and Assistant
Department Directors
The group specified must correspond to a group of the same designation that is defined
in the statutes, ordinances, rules, regulations, personal manuals or other material in
effect in the state or locality of the Employer.
2. The Employer hereby waives or reduces the requirement of a twelve (12) month
Period of Service for participation. The required Period of Service shall be N / A
(write N/A if an Employee is eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N / A (not to exceed age 21. Write N/A if no
minimum age is declared.)
VII. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose one, if applicable):
~ Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
13.5% (EFFECTIVE 10-1-02)
The Employer shall contribute on behalf of each ParricipanCTT-rr'%" of
Earnings or $1LD..Cfor the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required to contribute 0.0 % of Earnings
or $....Q........Q(fbr the Plan Year as a condition of participation in the Plan. (Write
"0" if no contribution is required.) If Participant Contributions are required
under this option, a Participant shall not have the right to discontinue or
vary the rate of such contributions after becoming a Plan Participant.
II
MPP Adoption Agreement 12/23/94
001-94
(EFFECTIVE 10-1-02)
The Employer hereby elects to "pick up" the Mandatory/Required Participant
Contribution.
o
Yes
il
No
[Note to Employer: Neither an opinion letter issued by the Internal
Revenue Service with respect to the Prototype Plan, nor a determination
letter issued to an adopting Employer is a ruling by the Internal Revenue
Service that Participant contributions that are picked up by the Employer are
not includable in the Participant's gross income for federal income tax pur-
poses. The E;mployer may seek such a ruling.
Picked up contributions are excludable from the Participant's gross
income under section 4I4(h)(2) of the Internal Revenue Code of 1986 only
if they meet the requirements of Rev. Rul. 81-35,1981-1 C.B. 255. Those
requirements are (1) that the Employer must specify that the contributions,
although designated as employee contributions, are being paid by the Em-
ployer in lieu of contributions by the employee; and (2) the employee must
not have the option of receiving the contributed amounts directly instead of
having them paid by the Employer to the plan.]
o Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant _ % of Earn-
ings for the Plan Year (subject to the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed _% of
Earnings or $_. Under this option, there is a single, fixed rate of Em-
ployer contributions, but a Participant may decline to make the required
Participant contributions in any Plan Year, in which case no Employer contri-
bution will be made on the Participant's behalf in that Plan Year.
o Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
_ % of the Participant contributions made by the Participant for
the Plan Year (not including Participant contributions exceeding _% of
Earnings or $ );
PLUS _ % of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includ-
ing Participant contributions exceeding in the aggregate _% of Earnings
or $ ).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or _% of Earnings, whichever is 0 more or
o less.
MPP Adoption Agreement 12/23/94
001-94
II
(EFFECTIVE 10-1-02)
2. Each Participant may make voluntary (unmatched), after,tax contribution, subject to
the limitations of Section 4.05 and Articles V and VI of the Plan.
o Yes 0x No
3. Employer contributions and Participant contributions shall be contributed to the
Trust in accordance with the following payment schedule:
Bi-weekly
VIII. EARNINGS
,
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
o Yes
B
No
(b) Bonuses
o Yes
iQl
No
IX.' LIMITATION ON ALLOCATIONS
If the Employer (i) maintains or ever maintained another qualified plan in which any Par,
ticipant in this Plan is (or was) a participant or could possibly become a participant, and/or
(ii) maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi,
vidual medical account (as defined in section 415(1)(2) of the Code, under which amounts
are treated as Annual Additions with respect to any Participant in this Plan) the Employer
hereby agrees to limit contributions to all such plans as provided herein, if necessary in order
to avoid excess contributions (as described in Sections 6.03 and 6.04 of the Plan).
1. If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(a) through (f) of the Plan will apply as if the other plan were a
Master Prototype Plan, unless another method has been indicated below.
o
Other Method. (Provide the method under which the plans will limit
total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner that precludes Employer
discretion. )
II
MPP Adoption Agreement 12/23/94
001-94
(EFFECTIVE 10-1-02)
2. If the Participant is or has ever been a participant in a defined benefit plan main-
tained by the Employer, and if the limitation in Section 6.04 of the Plan would be
exceeded, then the Participant's Projected Annual Benefit under the defined benefit
plan shall be reduced in accordance with the terms thereof to the extent necessary to
satisfy such limitation. If such plan does not provide for such reduction, or if the
limitation is still exceeded after the reduction, annual additions shall be reduced to
the extent necessary in the manner described in Sections 6.01 through 6.03. The
methods of avoiding the limitation described in this paragraph will not apply if the
Employer indicates another method below.
o Other Method. (Note to Employer: Provide below language which will satisfy
the 1.0 limitation of section 415( e) of the Code. Such language must
preclude Employer discretion. See section 1.415-1 of the Regulations for
guidance.)
3. The limitation year is the following 12-consecutive month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to( I) the minimum
vesting requirements as noted and (2) the concurrence of the Plan Administrator.
Years of
Service
Comoleted
Specified
Percent
Vestin!!
Minimum
Vesting
Reauirements**
Zero
One
Two
Three
Four
Five
Six
Seven, or more
100 0/0
100 0/0
1 nn 0/0
100 0/0
100 0/0
100 0/0
1 nn 0/0
100 0/0
No minimum
No minimum
No minimum
Not less than 200/0
Not less than 400/0
Not less than 600/0
Not less than 800/0
Must equal 1000/0
(**These minimum vesting requirements conform to the Code's three to seven year vesting
schedule. If the employee becomes 1000/0 vested by the completion of five years of service,
there is no minimum for years three and four.)
XI. Loans are permitted under the Plan, as provided in Article XIV:
5a
Yes
o
No
MPP Adoption Agreement 12/23/94
001-94
II
(EFFECTIVE lO-1~02)
~
...
XII. The Employer hereby attests that it is a unit of state or local government or an agency or
instrumentality of one or more units of state or local government.
XllI. The Prototype Sponsor hereby agrees to inform the Employer of any amendments to the
Plan made pursuant to Section 15.05 of the Plan or of the discontinuance or abandonment
of the Plan.
XlV. The Employer hereby appoints the Prototype Sponsor as the Plan Administrator pursuant to
the terms and conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE
MONEY PURCHASE PLAN & TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
xv. The Employer hereby acknowledges it understands that failure to properly fill out this
Adoption Agreement may result in disqualification of the Plan.
XVI. An adopting Employer may not rely on a notification letter issued by the National or
District Office of the Internal Revenue Service as evidence that the Plan is qualified
under section 401 of the Internal Revenue Code. In order to obtain reliance with
respect to plan qualification, the Employer must apply to the appropriate key district
office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document
number 001.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on
this day of ,19_.
EMPLOYER
Accepted: ICMA RETIREMENT CORPORATION
By: ~
.t;rlC t'l. ::;orolia
Title: C ~ ty Manag erl
By:
Title: Corporate Secretary
Attest:
Attest:
II
MPP Adoption Agreement 12/23/94
001-94
:r., ... , .
. ,
t~~~~~TIV~ 2-4-03)
LOAN GUIDELINES
REVISED AS OF FEBRUARY 4, 2003
t>r~-\ #I "I"S,~
NAME OF PLAN: CITY OF AVENTUFA
EMPLOYEES RETIREMENT PLAN
J. PURPOSE
The purpose of these guidelines is to establish the terms and conditions under which the Employer will grant
loans to participants. 1bis is the only official Loan Program Document of the above named Plan.
II. ELIGIBILITY
Loans are available to all active employees. Loans will not be granted to participants who have an existing loan
in default.
Loans are available from the following sources: [select one or both]
:[) Employer Contribution Account (vested balances only)
Xl Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory,
Employee Voluntary, Employer Rollover, and Portable Benefits Accounts, but excluding the Deduct-
ible Employee Contribution/Qualified Voluntary Employee Contribution Account)
Loans will be pro-rated among all the funds in which the participant is invested at the time the loan is made.
Loans are available for the following purposes: [select one]
ill AIl purposes
:-Xt-- Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a
participant to meet certain specified financial situations. The Employer shall detennine, based on all
relevant facts and circumstances, that the amount of the loan is not in excess of the amount required
to relieve the financial need. For this purpose, financial need shall include, but not be limited to:
unreimbursed medical expenses of the participant or members of the participant's immediate family,
establishing or substantially rehabilitating the principal residence of the participant, or paying for a
college education (including graduate studies) for the participant or hislher dependents.
III. FREQUENCY OF LOANS
[ select one]
ro Participants may receive one loan per calendar year. Moreover, participants may have only one
outstanding loan at a time.
o Participants may receive one loan per calendar year. Moreover, no participant may have more than
five (5) loans outstanding at one time.
PP93F
................................................................ .
(EFFECTIVE 2-4-03)-
~
IV. LOAN AMOUNT
The minimum loan amount is $1,000.
The maximum loan amount is:
the lesser of:
(I) $50,000, reduced by the excess (if any) of:
a. The highest outstanding balance of loans during the one-year period ending on
the day before the date a loan is to be made, over
b. The outstan'ding balance of loans on the date the loan is to be made; or
(2) 1/2 of the participant's vested account balance.
If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the
maximum amount calculated above reduced by the total of the outstanding loans.
V. LENGTH OF LOAN
A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period
that does not exceed five (5) years.
Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at least
monthly, over no more than 1 n [state number of years] years (maximum 30 years).
VI. LOAN REPAYMENT PROCESS
Loans for active employees must be repaid through payroll deduction. Repayment will begin as soon as practi-
cable on a date determined by the Employer's payroll cycle.
Loans outstanding for former employees who are allowed under Section X. to maintain their loans or loans
outstanding for employees on a leave of absence must be repaid on the same schedule as if payroll deductions
were still being made unless they reamortize their loans and establish a new repayment schedule which provides
that substantially equal payments are made at least monthly over the remaining period of the loan. All repayments
must be made through the Employer.
Loan payments, including loan payments from former employees, are allocated to the same investment options
designated on the 401 Enrollment Form or according to the most current 401 change form which specifies
contribution allocations.
VII. LOAN INTEREST RATE
The rate of interest for loans of five (5) years or less will be based on prime plus 0.5%.
The rate of interest for loans for a principal residence will be based on the FHAIV A rate.
Interest rates are determined on the last business day of the month preceding the month the loan is disbursed.
The interest rate is locked in at the time a loan is approved and remains constant throughout the life of the loan.
The prime interest rate is determined on the last business day of each month using the Wall Street Journal
as the source. The FHAIV A interest rate is also determined on the last business day of each month using the
Telerate Information Service as the source.
PP93F
............................................,.............................. .
(EFFECTIVE 2-4-03)
Loan interest rates for new loans may fluctuate upward or downward monthly, depending on the movement of the
prime and FRAN A interest rates.
The Employer may modify the manner in which loan interest rates will be determined, but only with respect to
future loans.
VIII. LOAN APPLICATION PROCEDURE
All loans must be requested in writing on an application approved by the Plan Administrator. The application
must be signed by the participant. The Employer must review and approve the application.
If the participant is married at the time of application, and spousal consent is required by the plan for the loan,
the participant's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan repre-
sentative or notary public. Such consent must be given within the ninety (90) day period before the time the loan
is made. Spousal consent, if required, must accompany the application in order for the application to be
considered complete.
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement which
includes an amortization schedule prior to receiving a loan check. Loan checks will generally be issued on the
Friday following the receipt of a complete loan application. The loan check, promissory note, disclosure statement
and truth-in-lending recision notice will be sent to the Employer, who will obtain the necessary signatures and
deliver the check to the participant. All executed documents must be returned to the Plan Administrator within 10
calendar days from the date the check is issued.
IX. SECURITY/COLLATERAL
That portion of a participant's vested account balance that is equal to the amount of the loan is used as collateral
for the loan. The collateral amount may not exceed 50% of the participant's vested account balance at the time .the
loan is taken. Only that portion of the vested account balance that corresponds to the amount of the outstanding
loan balance is used as collateral.
X. ACCELERATION
[select one]
o All loans are due and payable in full upon separation from service.
o All loans are due and payable when a participant receives a distribution of all of his/hei account
balance after separation from service. The amount of the outstanding loan balance will be reported as
a distribution in addition to the amount of cash distributed from the plan.
Xl All loans are due and payable when a participant receives a distribution of part of his/her account
balance after separation from service. The amount of the outstanding loan balance will reported as a
distribution in addition to the amount of cash distributed from the plan.
PP93F
(EFFECTIVE 2-4-03)
XI. REAMORTIZATION
Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length of
repayment period, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length of
the loan repayment period to more than five (5) years from the date the loan was originally made, or in the case of a
loan to secure a principal residence, beyond the number of years specified by the Employer in Section V. above.
A participant must request the reamortization of a loan in writing on a reamortization application acceptable to the Plan
Administrator. Spousal consent must accompany the request for reamortization when such consent is required by the
plan. Upon processing the request, a new disclosure statement will be sent to the Employer for endorsement by the
participant and approval by the Employer. The executed disclosure statement must be returned to the Plan Administra-
tor within 10 calendar days from the date it is signed. The new disclosure statement is considered an amendment to the
original promissory note, therefore a new promissory note will not be required.
A reamortization will not be considered a new loan for purposes of calculating the number of loans outstanding or the
one loan per calendar limit
XII. REFINANCING EXISTING LOANS
If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstand-
ing loan, no loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing
aD. additional amount through a new loan.
In order to refinance an existing loan, a participant must request a new loan in writing on an application approved
by the Plan Administrator. Spousal consent must accompany the application when such consent is required by the
plan. Such request must be made at a time when the participant is eligible to obtain a loan as defined by the
Employer in Section III. ahove. The amount of a new loan requested for the purpose of refinancing is subject to
the loan limits specified in Section IV. above.
Because a refinancing is considered a new loan, only active employees may refinance an outstanding loan.
XIII. REDUCTION OF LOAN
If a participant dies and leaves an outstanding loan, the unpaid loan balance will be repaid from the account
balance before any distributions are made to a beneficiary.
XIV. LOAN DEFAULT
If a required payment of principal and interest is not made within 90 days of the date such payment is due, the
loan is considered in default. If a loan is in default, the loan will be foreclosed during the calendar year in which
the participant separates from service. However, the IRS "deems" a default to be a distribution in the year the
default occurs. Therefore, the amount of the outstanding loan at the time of the default, including accrued interest,
will be reported to the IRS as a distribution in the year the default occur$ even though the loan may not be fore-
closed at that time. The distribution may be subject to taxes and possibly a penalty for early withdrawal.
If a participant has separated from service and defaults on a loan, then the loan will be foreclosed during the
calendar year in which the default occurs. The amount of the outstanding loan, including accrued interest, will be
reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
PP93F
(EFFECTIVE ~-4-03 )
If the Employer has elected in Section X. and the promissory note so provides, a loan becomes due and payable
when the participant separates from service. If the terms of the loan contain this provision, the outstanding loan
amount is "deemed" in default as of the date of separation from service. The amount of the outstanding loan,
including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly
a penalty for early withdrawal.
If the Employer has so elected in Section X. and the promissory note so provides, a loan becomes due and payable
when the participant takes a distribution of some or all of the balance in his/her account after separation from
service. If the terms of the loans contain such a provision and the outstanding loan balance is not paid prior to the
distribution from the account, the outstanding loan amount will be considered in default upon issuance of the
distribution check. The amount of the outstanping loan, including accrued interest, will be reported to the IRS
as a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
XV. DE MINIMIS ACCOUNTS AND OUTSTANDING LOAN BALANCE
If a participant separates from service and the participant's total vested account balance, including the outstanding
loan balance, is $3,500 or less, the Plan will automatically foreclose the loan. The account balance remaining after
the loan has been-satisfied will be disbursed in accordance with De Minimis provisions of Section 10.04 of the
Plan. If this occurs, the amount of the loan, including accrued interest, will be reported to the IRS as part of the
distribution, which may be subject to taxes and possibly a penalty for early withdrawal.
XVI. FEES
Fees may be charged for various services associated with the application for and issuance of loans. All applicable
fees will be debited from the participant's account balance. A schedule of fees applicable to this Plan is available
from the Plan Administrator.
XVII. OTHER
The Employer has the right to set other terms and conditions as it deems necessary for loans from the Plan in
order to comply with any legal requirements. All terms and conditions will be administered in a uniform and
non-discriminatory manner.
In Witness Whereof, the Employer hereby caused these Guidelines to be executed this _day of
EMPLOYER
BY:
ACCEPTED: ICMA RETIREMENT CORPORATION
BY:
Eric M. Soroka
TITLE: Ci to' MaIl? g""'"
ATTEST:
TITLE:
ATTEST:
PP93F
-\J:.~J:J:.\.oJ:.LYJ;. L,.-'1'--VJ )
LOAN GUIDELINES
-Pt-<-ct '"'" ~<O '3<;;'
REVISED AS OF FEBRUARY 4. 2003
NAME OF PLAN: CITY OF AVENTURA
DEPARTMENT DIRECTORS AND ASSISTANTS DIRECTORS RETIREMENT PLAN
I. PURPOSE
The purpose of these guidelines is to establish the terms and conditions under which the Employer will grant
loans to participants. This is the only official Loan Program Document of the above named Plan.
II. ELIGIBILITY
Loans are available to all active employees. Loans will not be granted to participants who have an existing loan
in default
Loans are available from the following sources: [select one or both]
~ Employer Contribution Account (vested balances only)
I1\l Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory,
Employee Voluntary, Employer Rollover, and Portable Benefits Accounts, but excluding the Deduct-
ible Employee Contribution/Qualified Voluntary Employee Contribution Account)
Loans will be pro'rated among all the funds in which the participant is invested at the time the loan is made.
Loans are available for the following purposes: [select one]
Jill All purposes
i6-- Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a
participant to meet certain specified financial situations. The Employer shall determine, based on all
relevant facts and circumstances, that the amount of the loan is not in excess of the amount required
to relieve the financial need. For this purpose, financial need shall include, but not be limited to:
unreimbursed medical expenses of the participant or members of the participant's immediate family,
establishing or substantiallY'fehabilitating the principal residence of the participant, or paying for a
college education (including graduate studies) for the participant or his/her dependents.
III. FREQUENCY OF LOANS
[select one]
KJ Participants may receive one loan per calendar year. Moreover, participants may have only one
outstanding loan at a time.
o Participants may receive one loan per calendar year. Moreover, no participant may have more than
five (5) loans outstanding at one time.
PP93F
....,.........................................,..,...........,......... .
(EFFECTIVE 2-4-03 )
IV. LOAN AMOUNT
The minimum loan amount is $1,000.
The maximum loan amount is:
the lesser of:
(1) $50,000, reduced by the excess (if any) of:
a. The highest outstanding balance of loans during the one-year period ending on
the day before the date a loan is to be made. over
b. The outstaniling balance of loans on the date the loan is to be made; or
(2) l/2 of the participant's vested account balance.
If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the
maximum amount calculated above reduced by the total of the outstanding loans.
V. LENGTH OF LOAN
A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period
that does not exceed five (5) years.
Loans for a principal residence must be repaid in substantially equal installments of principal and interest. at least
monthly, over no more than 10 [state number of years] years (maximum 30 years).
VI. LOAN REPAYMENT PROCESS
Loans for active employees must be repaid through payroll deduction. Repayment will begin as soon as practi-
cable on a date determined by the Employer's payroll cycle.
Loans outstanding for former employees who are allowed under Section X. to maintain their loans or loans
outstanding for employees on a leave of absence must be repaid on the same schednle as if payroll deductions
were still being made unless they reamortize their loans and establish a new repayment schedule which provides
that substantially equal payments are made at least monthly over the remaining period of the loan. All repayments
must be made through the Employer.
Loan payments, including loan payments from former employees. are allocated to the same investment options
designated on the 401 Enrollment Form or according to the most current 401 change form which specifies
contribution allocations.
VII. LOAN INTEREST RATE
The rate of interest for loans of five (5) years or less will be based on prime plus 0.5%.
The rate of interest for loans for a principal residence will be based on the FHA/V A rate.
Interest rates are determined on the last business day of the month preceding the month the loan is disbursed.
The interest rate is locked in at the time a loan is approved and remains constant throughout the life of the loan.
The prime interest rate is determined on the last business day of each month using the Wall Street Journal
as the source. The FHA/V A interest rate is also determined on the last business day of each month using the
Telerate Information Service as the source.
PP93F
(EFFECTIVE 2-4-03 )
Loan interest rates for new loans may fluctuate upward or downward monthly, depending on the movement of the
prime and FHNV A interest rates.
The Employer may modify the manner in which loan interest rates will be determined, but only with respect to
future loans.
VIII. LOAN APPLICATION PROCEDURE
All loans must be requested in writing on an application approved by the Plan Administrator. The application
must be signed by the participant. The Employer must review and approve the application.
If the participant is married at the time of application, and spousal consent is required by the plan for the loan,
the participant's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan repre-
sentative or notary public. Such consent must be given within the ninety (90) day period before the time the loan
is made. Spousal consent, if required, must accompany the application in order for the application to be
considered complete.
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement which
includes an amortization schedule prior to receiving a loan check. Loan checks will generally be issued on the
Friday following the receipt of a complete loan application. The loan check, promissory note, disclosure statement
aild truth-in-Iending recision notice will be sent to the Employer, who will obtain the necessary signatures and
deliver the check to the participant. All executed documents must be returned to the Plan Administrator within 10
calendar days from the date the check is issued.
IX. SECURITY/COLLATERAL
That portion of a participant's vested account balance that is equal to the amount of the loan is used as collateral
for the loan. The collateral amount may not exceed 50% of the participant's vested account balance at the time the
loan is taken. Only that portion of the vested account balance that corresponds to the amount of the outstanding
loan balance is used as collateral.
X. ACCElERATION
[select one]
o All loans are due and payable in full upon separation from service.
o All loans are due and payable when a participant receives a distribution of all of his/her account
balance after separation from service. The amount of the outstanding loan balance will be reported as
a distribution in addition to the amount of cash distributed from the plan.
gJ All loans are due and payable when a participant receives a distribution of part of hislher account
balance after separation from service. The amount of the outstanding loan balance will reported as a
distribution in addition to the amount of cash distributed from the plan.
PP93F
.........,.......................,......................................... .
(EFFECTIVE 2-4-03)
XI. REAMORTlZATION
Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length of
repayment period, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length of
the loan repayment period to more than five (5) years from the date the loan was originally made, or in the case of a
loan to secure a principal residence, beyond the number of years specified by the Employer in Section V. above.
A participant must request the reamortization of a loan in writing on a reamortization application acceptable to the Plan
Administrator. Spousal consent must accompany the request for reamortization when such consent is required by the
plan. Upon processing the request, a new disclosure statement will be sent to the Employer for endorsement by the
participant and approval by the Employer. The executed disclosure statement must be returned to the Plan Administra-
tor within 10 calendar days from the date it is signed. The new disclosure statement is considered an amendment to the
original promissory note, therefore a new promissory note will not be required.
A reamortization will not be considered a new loan for purposes of calculating the number of loans outstanding or the
one loan per calendar limit
XII. REFINANCING EXISTING LOANS
If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstand-
ing loan, no loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing
an additional amount through a new loan.
In order to refinance an existing loan, a participant must request a new loan in writing on an application approved
by the Plan Administrator. Spousal consent must accompany the application when such consent is required by the
plan. Such request must be made at a time when the participant is eligible to obtain a loan as defined by the
Employer in Section III. above. The amount of a new loan requested for the purpose of refinancing is subject to
the loan limits specified in Section IV. above.
Because a refinancing is considered a new loan, only active employees may refinance an outstanding loan.
XIII. REDUCTION OF LOAN
If a participant dies and leaves an outstanding loan, the unpaid loan balance will be repaid from the account
balance before any distributions are made to a beneficiary.
XIV. LOAN DEFAULT
If a required payment of principal and interest is not made within 90 days of the date such payment IS due, the
loan is considered in default. If a loan is in default, the loan will be foreclosed during the calendar year in which
the participant separates from service. However, the IRS "deems" a default to be a distribution in the year the
default occurs. Therefore, the amount of the outstanding loan at the time of the default, including accrued interest,
will be reported to the IRS as a distribution in the year the default occu~s even though the loan may not be fore-
closed at that time. The distribution maybe subject to taxes and possibly a penalty for early withdrawal.
If a participant has separated from service and defaults on a loan, then the loan will be foreclosed during the
calendar year in which the default occurs. The amount of the outstanding loan, including accrued interest, will be
reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
PP93F
..............,........................,................................... .
(EFFECTIVE 2-4--03 )
If the Employer haS elected in Section X. and the promiSSory note so provides, a loan becomes due and payable
when the participant separates from service. If the terms of the loan contain this provision, the outstanding loan
amount is "deemed" in default as of the date of separation from service. The amount of the outstanding loan,
including accrued interest, will be reported to the IRS as a distribution which may be subject to taXes and possibly
a penalty for early withdrawal.
If the Employer has so elected in Section X. and the promissory note so provides, a loan becomes due and payable
when the participant takes a distribution of some or all of the balance in his/her account after separation from
service. If the termS of the loans contain such a provision and the outstanding loan balance is not paid prior to the
distribution from the account, the outstanding loan amount will be considered in default upon issuance of the
distribution check. The amount of the outstanding loan, including accrued interest, will be reported to the IRS
as a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
XV. DE MINtMIS ACCOUNTS AND OUTSTANDING LOAN BALANCE
If a participant separates from service and the participant's total vested account balance, including the outstanding
loan balance, is $3,500 or less, the Plan will automatically foreclose the loan. The account balance remaining after
the loan has been- satisfted will be disbursed in accordance with De Minimis provisions of Section 10.04 of the
Plan. If this occurs, the amount of the loan, including accrued interest, will be reported tq the IRS as part of the
distribution, which may be subject to taxes and pOSSibly a penalty for early withdrawal.
XV\. FEES
Fees may be charged for various services associated with the application for and issuance of loans. All applicable
fees will be debited from the participant's account balance. A schedule of fees applicable to this Plan is available
from the Plan Administrator.
XVII. OTHER
The Employer haS the right to set other termS and conditions as it deems necessary for loans from the Plan in
order to comply with any legal requirements. All terms and conditions will be administered in a uniform and
non-discriminatory manner.
In Witness Whereof, the Employer hereby caused these Guidelines to be executed this _day of
,19_.
ATTEST:- - -
ACCEPTED: ICMA RETIREMENT CORPORATION
BY:
TITLE:
ATTEST:
EMPLOYER
BY: Eric N. ~orOKa
TITLE: Cit"y M"n;,gP."C
PP93F
. . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~~ 'J
-03 )
LOAN GUIDELINES
REVISED AS OF FEBRUARY 4. 2003
~* ~ <>tc, "=>;, (,
NAME OF PLAN: r.rrv OF AVF.N'I'TTRA
CITY MANAGER RETIREMENT PLAN
I. PURPOSE
The purpose of these guidelines is to establish the terms and conditions under which the Employer will grant
loans to participants. This is the only official Loan Program Document of the above named Plan.
II. ELIGIBILITY
Loans are available to all active employees. Loans will not be granted to participants who have an existing loan
in default.
Loans are available from the following sources: [select one or both]
~ Employer Contribution Account (vested balances only)
:It!I Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory,
Employee Voluntary, Employer Rollover, and Portable Benefits Accounts, but excluding the Deduct-
ible Employee Contribution/Qualified Voluntary Employee Contribution Account)
Loans will be pro-rated among all the funds in which the participant is invested at the time the loan is made.
Loans are available for the following purposes: [select one]
n All purposes
-]B---Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a
participant to meet certain specified financial situations. The Employer shall determine, based on all
relevant facts and circumstances, that the amount of the loan is not in excess of the amount required
to relieve the financial need. For this purpose, financial need shall include, but not be limited to:
unreimbursed medical expenses of the participant or members of the participant's immediate family,
establishing or substantially rehabilitating the principal residence of the participant, or paying for a
college education (including graduate studies) for the participant or his/her dependents.
III. FREQUENCY OF lOANS
[select one]
1m Participants may receive one loan per calendar year. Moreover, participants may have only one
outstanding loan at a time.
o Participants may receive one loan per calendar year. Moreover, no participant may have more than
five (5) loans outstanding at one time.
PP93F
................................".................,....."................ .
(EFFECTIVE 2-4--Q3 J .
IV. LOAN AMOUNT
The minimum loan amount is $1,000.
The maximum loan amount is:
the lesser of:
(1) $50,000, reduced by the excess (if any) of:
a. The highest outstanding balance of loans during the one-year period ending on
the day before the date a loan is to be made, over
b. The outstanding balance ofloans on the date the loan is to be made; or
(2) 1/2 of the participant's vested account balance.
If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the
maximum amount calculated above reduced by the total of the outstanding loans.
V. LENGTH OF LOAN
A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period
that does not exceed five (5) years.
Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at least
monthiy, over no more than T () [state number of years] years (maximum 30 years).
VI. LOAN REPAYMENT PROCESS
Loans for active employees must be repaid through payroll deduction. Repayment will begin as soon as practi-
cable on a date determined by the Employer's payroll cycle.
Loans outstanding for former employees who are allowed under Section X. to maintain their loans or loans
outstanding for employees on a leave of absence must be repaid on the same schednle as if payroll deductions
were still being made unless they reamortize their loans and establish a new repayment schednle which provides
that substantially equal payments are made at least monthly over the remaining period of the loan. All repayments
must be made through the Employer.
Loan payments, including loan payments from former employees, are allocated to the same investment-options
designated on the 401 Enrollment Form or according to the most current 401 change form which specifies.
contribution allocations.
VII. LOAN INTEREST RATE
The rate of interest for loans of five (5) years or less will be based on prime plus 0.5%.
The rate of interest for loans for a principal residence will be based on the FHAN A rate.
Interest rates are determined on the last business day of the month preceding the month the loan is disbursed.
The interest rate is locked in at the time a loan is approved and remains constant throughout the life of the loan.
The prime interest rate is determined on the last business day of each month using the Wall Street Journal
as the source. The FHAN A interest rate is also determined on the last business day of each month using the
Telerate Information Service as the source.
PP93F
........................................................................... .
(EFFECTIVE 2-4-03 )
Loan interest rates for new loans may fluctuate upward or downward monthiy, depending on the movement of the
prime and FHNV A interest rates.
The Employer may modify the manner in which loan interest rates will be determined, but only with respect to
future loans.
VIII. lOAN APPLICATION PROCEDURE
All loans must be requested in writing on an application approved by the Plan Administrator. The application
must be signed by the participant The Employer must review and approve the application.
If the participant is married at the time of application, and spousal consent is required by the plan for the loan,
the participant's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan repre-
sentative or notary public. Such consent must be given within the ninety (90) day period before the time the loan
is made. Spousal ccnsent, if required, must accompany the application in order for the application to be
considered complete.
The participant will be required to sign a promissory note evidencing the loan and a disclosure statement which.
includes an amortization schedule prior to receiving a loan check. Loan checks will generally be issued on the
Friday following the receipt of a complete loan application. The loan check, promissory note, disclosure statement
and truth-in-lending recision notice will be sent to the Employer, who will obtain the necessary signatures and
deliver the check to the participant. All executed documents must be returned to the Plan Administrator within 10
calendar days from the date the check is issued.
IX. SECU RITY /COllA TERAL
That portion of a participant's vested account balance that is equal to the amount of the loan is used as collateral
for the loan. The collateral amount may not exceed 50% of the participant's vested account balance at the time the
loan is taken. Only that portion of the vested account balance that corresponds to the amount of the outstanding
loan balance is used as collateral.
X. ACCELERATION
[select one]
Cl All loans are due and payable in full upon separation from service.
o All loans are due and payable when a participant receives a distribution of all of hislhei account
balance after separation from service. The amount of the outstanding loan balance will be reported as
a distribution in addition to the amount of cash distributed from the plan.
~ All loans are due and payable when a participant receives a distribution of part of his/her account
balance after separation from service. The amount of the outstanding loan balance will reported as a
distribution in addition to the amount of cash distributed from the plan.
PP93F
.............,.......................,.,................................... .
(EFFECTIVE _ )
XI. REAMORTIZATION
Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length of
repayment period, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length of
the loan repayment period to more than five (5) years from the date the loan was originally made, or in the case of a
loan to secure a principal residence, beyond the number of years specified by the Employer in Section V. above.
A participant must request the reamortization of a loan in writing on a reamortization application acceptable to the Plan
Administrator. Spousal consent must accompany the request for reamortization when such consent is required by the
plan. Upon processing the request, a new disclosure statement will be sent to the Employer for endorsement by the
participant and approval by the Employer. The executed disclosure statement must be returned to the Plan Administra-
tor within 10 calendar days from the date it is signed. The new disclosure statement is considered an amendment to the
original promissory note, therefore a new promissory note will not be required.
A reamortization will not be considered a new loan for purposes of calcn!ating the number of loans outstanding or the
one loan per calendar limit
XII. REFINANCING EXISTING lOANS
If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstand-
ing loan, no loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing
an additional amount through a new loan.
In order to refinance an existing loan, a participant must request a new loan in writing on an application approved
by the Plan Administrator. Spousal consent must accompany the application when such consent is required by the
plan. Such request must be made at a time when the participant is eligible to obtain a loan as defined by the
Employer in Section III. above. The amount of a new loan requested for the purpose of refInancing is subject to
the loan limits specified in Section IV. above.
Because a refinancing is considered a new loan, only active employees may refinance an outstanding loan.
XIII. REDUCTION OF LOAN
If a participant dies and leaves an outstanding loan, the unpaid loan balance will be repaid from the account
balance before any distributions are made to a beneficiary.
XIV. LOAN DEFAULT
If a required payment of principal and interest is not made within 90 days of the date such payment is due, the
loan is considered in default. If a loan is in default, the loan will be foreclosed during the calendar year in which
the participant separates from service. However, the IRS "deems" a default to be a distribution in the year the
default occurs. Therefore, the amount of the outstanding loan at the time of the default, including accrued interest,
will be reported to the IRS as a distribution in the year the default occurs even though the loan may not be fote-
closed at that time. The distribution may be subject to taxes and possibly a penalty for early withdrawal.
If a participant has separated from service and defaults on a loan, then the loan will be foreclosed during the
calendar year in which the default occurs. The amount of the outstanding loan, including accrued interest, will be
reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
...........,...,..,............................................,........... .
PP93F
(EFFECTIVE 2-4-03 )
If the Employer has elected in Section X. and the promissory note so provides, a loan becomes due and payable
when the participant separates from service. If the terms of the loan contain this provision, the outstanding loan
amount is "deemed" in default as of the date of separation from service. The amount of the outstanding loan,
including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly
a penalty for early withdrawal.
If the Employer has so elected in Section X. and the promissory note so provides, a loan becomes due and payable
when the participant takes a distribution of some or all of the balance in his/her account after separation from
service. If the terms of the loans contain such a provision and the outstanding loan balance is not paid prior to the
distribution from the account, the outstanding loan amount will be considered in default upon issuance of the
distribution check. The amount of the outst3l1ding loan, including accrued interest, will be reported to the IRS
as a distribution which may be subject to taxes and possibly a penalty for early withdrawal.
XV. DE MINIMIS ACCOUNTS AND OUTSTANDING LOAN BALANCE
If a participant separates from service and the participant's total vested account balance, including the outstanding
loan balance, is $3,500 or less, the Plan will automatically foreclose the loan. The account balance remaining after
the loan has been satisfied will be disbursed in accordance with De Minimis provisions of Section 10.04 of the
Plan. If this occurs, the amount of the loan, including accrued interest, will be reported to the IRS as part of the
distribution, which may be subject to taxes and possibly a penalty for early withdrawal.
XVI. FEES
Fees may be charged for various services associated with the application for and issuance of loans. All applicable
fees will be debited from the participant's account balance. A schedule of fees applicable to this Plan is available
from the Plan Administrator.
XVII. OTHER
The Employer has the right to set other terms and conditions as it deems necessary for loans from the Plan in
order to comply with any legal requirements. All terms and conditions will be administered in a uniform and
non-discriminatory manner.
In Witness Whereof, the Employer hereby caused these Guidelines to be executed this _day' of
,19_.
EMPLOYER
BY:
Eric M. Soroka'
TITLE: r:i ry MATlA.eel1
ACCEPTED: ICMA RETIREMENT CORPORATION
BY:
TiTlE:rATTEST:
ATTEST:___ .
PP93F
..................."....................,..............,.......,..,..,.... .
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AICR
Planning Director
TO: City Commission
FROM: Eric M. Soroka, I
City Manager
DATE: January 27,2003
SUBJECT: Request of Stanley Price on behalf of La Estancia for an extension of time
to complete building fayade and site improvements at 17866 Biscayne
Boulevard, Aventura (06-VAR-01 REV EXT)
February 4, 2003 City Commission Meeting Agenda Item fa. L-
RECOMMENDATION
It is recommended that the City Commission approve a motion to extend the time to
complete the building fayade and site improvements for a period up to four (4) months
from the date of the motion.
THE REQUEST
The applicant, Stanley Price on behalf of La Estancia, is requesting approval of a
motion to extend the time to complete all site and fayade improvements at 17866
Biscayne Boulevard approved by Resolution No. 2002-55 adopted on October 1, 2002.
(See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Drew A. Wolf and Gretchen Wolf
ADDRESS OF PROPERTY
17866 Biscayne Boulevard
(See Exhibit #2 for Location Plan and
Exhibit #3 for Aerial Photograph)
LEGAL DESCRIPTION
Lots 9 & 10 of "Maule Federal Highway
Industrial Sites", according to the plat thereof
recorded in Plat Book 46, Page 55, Public
Records of Miami-Dade County, Florida, less
the east 33.75 feet thereof dedicated for right
of way
ZONING
B2 Community Business District
FUTURE LAND USE DESIGNATION Business and Office
The Site - The site is located on the west side of Biscayne Boulevard south of NE 179
Street. The parcel is approximately 204 feet wide and 68 feet deep and contains a
3918 square foot building currently under renovation. (See Exhibit #4 for photograph of
existing structure)
The Project - The applicant is in the process of constructing building fac;:ade and site
improvements pursuant to variances granted by Resolution No. 2001-58 approved on
August 7, 2001. (See Exhibit #5 for Resolution No. 2001-58). A further variance for a
reduced number of parking spaces for the grocery use was granted by Resolution No.
2002-55 approved on October 1, 2002. (See Exhibit #6 for Resolution No. 2002-55).
One of the conditions of the second variance request was that all site and building
improvements be completed within four (4) months of the date of the resolution,
namely, on or before February 1, 2003.
The applicant is in the process of completing the building fac;:ade improvements as
shown in the photograph attached as Exhibit #4. The site improvements consisting of
drainage, resurfacing and restriping the parking area and landscaping are to be
undertaken once the building work is completed. The applicant is requesting a further
four (4) months to complete the fac;:ade and site improvements.
Current Status of Approvals - The current status of the conditions of Resolution No.
2001-58 and Resolution No. 2002-55 is detailed in the following table.
I. Resolution No. 2001-58
Condition of Resolution No. 2001-58 Current Status
Permit to be obtained within 12 months of Permit issued on July 30, 2002
date of resolution
Applicant to provide copy of signed lease Lease received on July 12, 2002 with term
with FEC for 3 parking spaces and to June 30, 2003
landscapina to west of property
Applicant to submit amended site plan for Amended site plan was submitted and
Interamerican Car Rental removing the approved
controlled gate access between the two
prooerties
2
Condition of Resolution No. 2001-58 Current Status
Applicant to record resolution in the Public Resolution recorded on May 29, 2002
Records of Miami Dade County
Applicant to provide structural components Structural components were included in
in east elevation to protect occupants in the structural drawings in the approved
case of vehicular impact buildinQ permit
II. Resolution No. 2002-55
Condition of Resolution No. 2002-55 Current Status
Plans to substantially comply with those Plans comply with those submitted
submitted
Applicant to obtain permits and construct Building fa<;:ade improvements are
all site and fa<;:ade improvements within underway. Applicant is requesting a
four months of the date of the resolution, further 4 month term to complete all
namely, on or before February 1, 2003 improvements
Applicant to provide annual renewal of the Lease received on July 12, 2002 with term
FEC lease to June 30, 2003
Parking variance may be terminated if it To be determined by the City Manager
creates a nuisance or if the FEC lease is
not renewed
3
dAN. -22 O~IWEDI 114J
BILlIN. SUMBER. ET. AL
P. UUlIUUb
BILZIN SUMISE:"G BA[NA p",C[ & AX[L"OD LLP
Brian S. Adler. Eaqnire
Direct Dial: (305) 350-DSI
Direct rll: (305) 351.2206
Emait; lIadler@II~lzlnMlm
A PAIIlITN".."'''' 0' p"orISSIOMA&. AAaOCtA'fl0",a
200 SOUTW ..KAYNE. .OUI.CY....D. sunE: .~ . WlANt, ,.LORtDA 3:1131-531..0
T~I.CPNOf\lll:. (:10111 374-7.-0. "....: t:taa) 37.-71ii~
I::-MA"_1 IN,.O..ILZ,,".CCU4 . WWW...UUN.CO-..
January 22, 2003
VIA FAX
JOlllUle CalT. Planning DircelOr
City of AVCIltura
19200 West Country Club Drive
4th Floor
A ventura, Florida 33180
Re: La Estaatia Arecntiaa: 17866 Bilc.yae Boulevard
Dear Ms. Carr:
In colUlcction with the City of AventUTa ("City") Resolution No, 2002-55 for the propeny
10000ed at 17866 Biscayne Boulevard. the City cranted an application for a variance from Section
31-171(b) ofthc City's regulations to allow 15 parking spaces where 18 spaces are required by
Code. As the City may recall. the additional parking is going to be located in the casement area
behind the building.
The resulution was adopted on October I, 2002. Condition 2 of the resolution provides:
The applicant shall obtain pcnnits and conslrlK:t all site and fa9ade
improvements shown on the approved plans within four (4) months
uf the date of this Resolution. or the approvals granted shall be
decmed null and void unless extended by a motion of the City
Commission.
Therefore, the CUlTent approvals would expire on February 1.2003.
La Estancia has been working with the owner of the property to complete the paving,
drainage and other required improvements. In fact, pcnnits were i58ucd and the improvements to
the f~ arc ulmost complete. An inspection of the building will reveal that the slnlcture is a
significant aesthetic improvement over tbe existing building. However. as the City is aware, the
building required a partial demolition. and there arc paving, drainage and landscaping
improvements along with interior improvements thai are required. Our client bas been diligently
working with the owner of the slnlcture 10 complCle the improvements, and La Estancia
I7S13611771"#6012lh I
1/11103 11,)2 AM
EXHIBIT #1
06-VAR-01 REV EXT
,jA~. -12 U.i\nWj 1141
tiILLI~. ~UMtit~ tl. AL
r. UUJIUUO
el\.3lN SU,...ERG eAENA PIt'CE & AXELROD LLP
Ms. JoaMe Carr
Planning Direct,or
City of Aventura
Page Two
January 22, 2003
Argentina is eager to open ils doors and join the Aventura community. Unfortunately, il will not
be able 10 meet the fow-month deadline due to thc existing work on site.
It is in La Estancia Argentina's best interest to open as soon as possible and, therefore, it
continues to diligently work toward completing the site improvements. However, given the
elCtcnt ofthe sil e improvements, the landscaping and the paving required, as well as the alteration
of the interior, La Estancia Argentina is seeking a modification of Resolution No. 2002-55 to
amend Condition 2 to provide an additional four months to complete the site improvements. Our
client is working on an improvement schedule that we will submit to the City which details the
remaining work to be performed. However. as I am sure the City will agree, once complete, the
building will represent an aesthetic addition to Biscayne Boulevard and the City of Aventura.
Further, the most visual component of the improvements, i.e., the fa,.ade, is almost complete.
Based on the foregoing, we respectfully request the City Conunission move to extend
Condition 2 to provide an additional four (4) months to complete all site improvements.
I attach for your review Resolution No, 2002-55 for ease of reference. Should you
require additional information regarding tins request, please contact me at 305/350-235 I.
Very truly yours,
1rf/2--
Brian S. Adler
BSAlmp
EnclOSure
ce; Leo Rolh
Stanley B. Price, Esq.
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06-VAR-01 REV EXT
EXHIBIT #3
06-VAR-01 REV EXT
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EXHIBIT #4
06-V AR-01 REV EXT
Construction as of January 22, 2003
RESOLUTION NO. 2001-58
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
VARIANCE FROM SECTION 31-144(C) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW
FRONT YARD SETBACK OF 0.30' WHERE A 25'
SETBACK IS REQUIRED BY CODE; DENYING A
VARIANCE FROM SECTION 31-221(1) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A
TERMINAL PARKING ISLAND WIDTH OF 6' EXCLUDING
CURBING WHERE A WIDTH OF 7' EXCLUDING
CURBING IS REQUIRED BY CODE; APPROVING A
VARIANCE FROM SECTION 31-144(C) OF THE ClTY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A
STREET SIDE YARD SETBACK OF 13' WHERE A 20'
SETBACK IS REQUIRED BY CODE; APPROVING
VARIANCES FROM SECTION 31-221(1) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW
BUFFER STRIPS LESS THAN l' IN WIDTH ADJACENT
TO THE SOUTH PROJECT LIMIT AND wesT PROPERTY
UNE AND ADJACENT TO THE SOUTH AND WEST
UMITS OF THE BUILDING; FOR PROPERTY LOCATED
AT 17866 BISCAYNE BOULEVARD; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District and
WHEREAS, the applicant Lad Ventures. Inc.. through Application No. 06-VAA-
01, is requesting the following variances to permit the renovation of an existing building
and development of the subject property:
1. A variance from Section 31-144(c) of the City's Land Development Regulations
to allow front yard setback of 0.30' where a 25' setback is required by Code.
EXHIBIT #5
06-VAR-01 REV EXT
Resolution No. 2001-58
Page 2
2. A variance from Section 31-144(c) of the City's Land Development Regulations
to allow a street side yard setback of 13' where a 20' setback Is required by
Code.
3. A variance from Section 31-221(i) of the City's Land Development Regulations
to allow buffer strips less than 7' in width adjacent to the south project limit and
west property line and adjacent to the south and west limits of the building.
4. A variance from Section 31-221(i) of the City's Land Development Regulations
to allow 8 terminal parking Island width of 6' excluding curbing where a width of
T excluding curbing is required by Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application Is granted herein.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Sectlon 1. Application for 8 variance from Section 31-144(c) of the City's Land
Development Regulations to allow front yard setback of 0.30' where a 25' setback is
required by Code, on property legally described as:
Lots 9 & 10 of "Maule Federal Highway Industrial Sites", according to the
plat thereof, as recorded In Book 46, Page 55 of the public records of
Miami-Dade County, Florida, less the east 33.75 feet thereof dedicated
for right-of-way.
aka
Resolution No. 2001-58
Page 3
17866 Blscayne Boulevard
is hereby approved.
Section 2. Application for a variance from Section 31-144(c) of the City's Land
Development Regulations to allow a street side yard setback of 13' where a 20' setback
is required by Code is hereby approved.
Section 3. Applications for a variance from Section 31-221 (i) of the City's Land
Development Regulations to allow buffer strips less than T in width adjacent to the
south project limit and west property line and adjacent to the south and west IIrrits of
the building are hereby approved, and more specifically the following:
1. Approve the request to allow a buffer strip of 5' In width at the southerly project
limit where a T buffer strip Is required by.Code.
2. Approve the request to allow a buffer strip of 2' in width at the southwesterly
property line where a T buffer strip is required by Code.
3. Approve the request to allow a buffer strip of 0' in width at the northwesterly
property line where a T buffer strip is required by Code.
4. Approve the request to snow a buffer strip of 6' in width at the southerly building
limit where a T buffer strip Is required by Code.
5. Approve the request to allow a buffer strip of 5'10" in width at the westerly
building limit where a T buffer strip is required by Code;
All approvals subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
. .Proposed Retail Stores for Lad Ventures Inc.", Site Plan, Sheet SP-1, prepared by
Arc-Tech AssocIates Incorporated, dated 06128101, signed and sealed 06129101.
Resolution No. 2001-58
Page 4
. 'proposed Retail Stores for Lad Ventures Inc.', Building Elevations, Sheet A-1,
prepared by Arc-Tech AssocIates Incorporated, dated 06128101. signed and sealed
06129101.
. "Proposed Retail Stores for Lad Ventures 100.", West Elevation, Sheet A-2,
prepared by Arc-Tech AssocIates Incorporated, dated 0612.8101, signed and sealed
06129101.
. "Proposed Retail Stores', Grading and Drainage Site Plan, Sheet C-1, prepared by
Pistorino & A1am Consulting Engineers, Inc., dated 11/21/00, signed and sealed
06118101.
. 'proposed Retail Stores for Lad Ventures Inc:, Planting Plan, Sheet LA-1, prepared
by Rosenberg Design Group, dated 6125101. signed and sealed.
2. pennits shall be obtained within twelve (12) months of the date of the Resolution or
the approvals granted shall be deemed null and void unless extended by a motion
of the CIty Commission.
3. The applicant shall provide confirmation of a signed Lease with FEC Railway for the
installation of three proposed parking spaces and landscaping to the west of the
property limit, prior to issuance of a building pennit
4. Prior to issuance of a building pennit for this site, the applicant shall submit for
revieW and approval an amended Site Plan for the Inter American Car Rental site
removing the remote controlled gate access between the InterAmerlcan and subject
site.
5. The applicant shall record this Resolution In the Public Records of Mlami-Dade
County. prior to the issuance of a building pennit. All expenses shall be bome by
the applicant
6. The applicant shall provide structural components inside the northeast comer and
east elevations of the building so as to provide protection for the occupants of the
building in case of possible vehicular Impact. subject to City Manager approval.
Resolution No. 2001-58
Page 5
Section 4. The City Manager is authorized to cause the issuance of pennits in
accordance wi1h the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner HoIzberg, who moved
its adoption. The motion was seconded by Commissioner RogefS-llberl, and upon
being put to a vote. the vote was as follows
.
eommissionel' Arthur Berger
CommIssioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
CommIssioner Patricia Rogers-LibEirt
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
absent from the room
PASSED AND ADOPTED this 7th day of August, 2001.
ThisR
i Ice of the City Clerk this .rL day of August, 2001.
~.
CITY
,~.
RESOLUTION NO. 2002~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA. FLORIDA GRANTING VARIANCE
FROM seCTION 31.171 (b) OF THE ClTY'S LAND
DEVELOPMENT REGULATIONS TO A1J.(YN 15 PARKING
SPACES WHERE 18 PARKING SPACES ARE REQUIRED
BY CODE, FOR PROPERTY LOCATED AT 17866
BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. the property described herein Is zoned 82. Community Business
District; and
WHEREAS, the applicant. Stanley B. Price. through revised ApplIcatIon No. 06-
VAR-01, Is requesting a variance from Section 31-171(b) of the City's Land
Development Regulatlons to allow 15 parking spaces where 18 parking spaces are
required by Code; and
WHEREAS. following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and oldlnances. to the extent the Application Is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
SIIctIon 1. Application for Variance from Section 31-171(b) of the Clty's Land
Development Regulations to slow 15 parking spaces where 18 paJt<Ing spaces are
required by Code Is hereby gnlnted to the Applicant. subject to the conditions set out In
this ResolutIon on property Iegaly desrnlbed as aI of Lots 9 and 10 of "Maule Federal
Highway Industrial Sites", as recorded In Plat Book 46, Page 55 of the Public Records
of Mlaml-Oade County, less the east 33.75 feet thereof dedicated for right-of-way, aka
17866 Biscayne Boulevard, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
. Boundary Survey, one page, prepared by Manuel G. Vera and Associates Inc. dated
314198, last revision 10111101, signed and sealed.
EXHIBIT #6
06-VAR-01 REV EXT
Resolution No. 2002-55
Page 2
. "Proposed RetaU stores for Lad Ventures Inc.", SIte Plan, Sheet SP-1, prepared by
Arc- Tech Associates Incorporated, dated 06128101, signed and sealed 06129101.
. "Proposed Retail Stores for Lad Ventures 100.", Bulding ElevatIons, Sheet A-1,
prepared by Arc- Tech AssocIates Incorporated, dated 06128101, signed and sealed
06129101.
. "Proposed Retail Stof'es for Lad Ventures Inc.", West Elevation, Sheet A:-2,
prepared by Arc-Tech Associates Incorporated, dated 06128/01, signed and sealed
06129101.
. "Proposed RetaU Stores", Grading and Drainage Site Plan, Sheet C-1, prepared by
Plstorlno & A1am Consulting Engineers, Inc., dated 11/21/00, signed and sealed
06118101.
. "Proposed RataH Stores for Lad Ventures Inc.", P\antIng Plan, Sheet LA-1, prepared
by Rosenberg DesIgn Group, dated 6125101, signed and sealed.
2. The applicant shall obtain permItB and construct aD site and fa9ade Improvements
shown on the approved plans within four (4) months of the date of this Resolution, or
the approvals granted IhaII be deemed null and void unless extended by a motion of
the City Commission.
3. The appllcant shall provide to the City the annual renewal of the lease with Florida
East Coast Railroad.
4. The parldng variance shall be tennlnated In the event that the City Manager
detennlnes that the variance has created ancllor Is creating a nuisance to the
community or in the event that the lease Is not renewed and the renewal provided to the
City. . In the event of tennlnatIon. the appHcant wi be required to locate the deficient
number of parldng spaces off-site to the satisfaction of the City Manager.
SectIon 2, The City Manager is authorized to cause the Issuance of pennlts In
accordance with the approvals and conditlona herein provided and to indicate such
approvals and conditions upon the records of the City.
SlctIon 3. ThIs Re8oIutIon shall become effective immediately upon Its
adoptioI..
The foregoing Resolution was offered by Commissioner Roger&-Ubert, who
moved Its adoption. The motion was seconded by Commissioner Cohen, and upon
being put to a vote, the vote was 88 foIows:
Comrnl8sloner Jay R Beakln yes
CommIssIoner Ken Cohen yes
CommlUIOi181' Manny G/'088IT1an yes
Comml88loner Harry HoIzberg yes
Commlasioner Patricia Roger&-Ubert yes
Vice Mayor Arthur Berger yes
Mayor Jeffrey M. PeI10w yes
ResolutiOn No. 2002-~
Page 3
PASSED AND ADOPTED this 1" day of October. 2002. C
~
E REV . PERLOW. MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
i'-1I. ~ ~I
CITY ATTORNEY .
ThIs Resolution was filed in the OffICe of the City Cieri< this ~ day of October, 2002.
C
'-
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: January 24, 2003
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: Collective Bargaining Agreement Between the City and the Police
Benevolent Association
February 4, 2003 City Commission Meeting Agenda Item ..b...:M
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the subject document.
BACKGROUND
The City Administration and PBA finalized a Collective Bargaining Agreement. The
Agreement is for the period of October 1, 2002 to September 30, 2005. The
Agreement conforms to the parameters established by the City Commission.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC011418-03
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN COLLECTIVELY BARGAINED
CONTRACT ATTACHED HERETO BY AND BETWEEN
THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH
CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE
BY THE CITY MANAGER AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Collectively Bargained Contract, attached hereto and
incorporated herein, is hereby accepted by the City Commission, and the City Manager
is hereby authorized on behalf of the City to execute and otherwise enter into said
Collective Bargaining Agreement by and between the City of Aventura and the Dade
County Police Benevolent Association.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the Agreement described in
Section 1 above and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption, with certain sections retroactive to October 1, 2002 immediately upon the
execution of the Agreement by the City Manager and the Dade County Police
Benevolent Association representatives.
Resolution No. 2003-_
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 4th day of February, 2003.
JEFFREY M. PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 2002 to September 30, 2005
Table Of Contents
Paae Number
ARTICLE 1 Preamble 1
ARTICLE 2 Recognition 2
ARTICLE 3 Non-Discrimination 3
ARTICLE 4 Due Deductions 4
ARTICLE 5 Management Rights 6
ARTICLE 6 PBA Business 8
ARTICLE 7 PBA Representation 9
ARTICLE 8 No Strike 11
ARTICLE 9 Legal Representation 13
ARTICLE 10 Salaries 14
ARTICLE 11 Severability Clause 18
ARTICLE 12 Rules, Directives and Personnel Policies 19
ARTICLE 13 Grievance Procedure 20
ARTICLE 14 Seniority 25
ARTICLE 15 Labor - Management Committee 27
ARTICLE 16 Workweek and Overtime 28
ARTICLE 17 Off-Duty Police Work 30
ARTICLE 18 Equipment and Maintenance 31
ARTICLE 19 Personnel Records 33
ARTICLE 20 Bereavement Leave 34
ARTICLE 21 Holiday Leave 35
ARTICLE 22 Personal Leave 36
ARTICLE 23 Training 37
ARTICLE 24 Transfers, Shift change and Substitutions 38
ARTICLE 25 Group Insurance 39
ARTICLE 26 Promotion Procedures 40
ARTICLE 27 Probationary Employees 41
ARTICLE 28 Sick Leave 42
. ARTICLE 29 Pension Vesting 43
ARTICLE 30 Take Home Police Vehicle Policy 44
ARTICLE 31 Reopening of Negotiations 45
ARTICLE 32 Term of Agreement 46
ARTICLE 1
Preamble
This Agreement is entered into this day of , 2003
by and between the City of Aventura, a Florida Municipal Corporation, hereinafter
referred to as ''THE CITY" or "CITY" or "EMPLOYER" and the Dade County
Police Benevolent Association hereinafter referred to as "PBA." or "Association".
WHEREAS, this Agreement reduces to writing the understandings of the
City and the PBA to comply with the requirements contained in Chapter 447,
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmonious
relationship between the City and the PBA and to encourage more effective
employee service in the public interest; and
WHEREAS, it is understood that the City is engaged in furnishing essential
public services which vitally affect the health, safety, comfort and general well being
of the public and the PBA recognizes the need to provide continuous and reliable
service to the public;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
1
ARTICLE 2
Recoanition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
collective bargaining with respect to wages, hours and other conditions of
employment for those employees included within the certified bargaining unit
described in PERC Certification No. 1237 (January 15,1999).
Included: Sworn police personnel of the ranks of : Police Officer and
Police Sergeant.
Excluded: All other Department employees.
2
ARTICLE 3
Non-Discrimination
Section 1. The City and PBA agree not to discriminate against any
employee covered by this Agreement because of age, sex, marital status, race,
color, creed, national origin, religious affiliation, physical handicap or disability or
sexual orientation.
Section 2. The parties agree not to interfere with the rights of employees
to become members of PBA, or to refrain from such activities and that there shall
be no discrimination, interference, restraint or coercion by the parties against any
employee because of membership or non - membership.
3
ARTICLE 4
Dues Deductions
Section 1. PBA members may authorize payroll deductions for the
purpose of paying PBA dues. Any member of the PBA who has submitted a
properly executed dues deduction form to the City Manager or his or her designee
may have his or her membership dues in the PBA deducted from his or her wages.
No authorization shall be allowed for payment of initiation fees, assessments, or
fines. Payroll deductions shall be revocable at any time upon request by the
employee to the CITY and PBA in writing. The payroll deduction cancellation
shall be effective thirty (30) days after receipt of notice revocation.
Section 2. Dues deducted shall be transmitted to the PBA on a monthly
basis, accompanied by a list of those employee's names whose dues are
included.
Section 3. It shall be the responsibility of the PBA to notify the City
Manager or his designee, in writing of any change in the amount of dues to be
deducted at least thirty (30) days in advance of said change.
Section 4. The PBA shall indemnify, defend and hold the City harmless
against any and all claims, suits, orders, and judgments brought and issued against
the City as a result of any action taken or not taken by the City under the provisions
of this Article.
Section 5. The employee's earnings must be regularly sufficient, after
other legal and required deductions are made, to cover the amount of
appropriate PBA dues. When a member is in a non-pay status for an entire pay
period, dues deduction from future earnings may not be made to cover that pay
period. In the case of an employee who in non-pay status during only part of the
4
pay period, if available wages are not sufficient to cover the full dues deduction,
no deduction shall be made. In this connection all legally required deductions
have priority over dues.
5
ARTICLE 5
Manaaement Riahts
Section 1. The PBA recognizes the right of the City to operate, manage
and direct all affairs of all departments within the City, except as otherwise
expressly provided elsewhere in this Agreement, including the right:
(a) To exercise complete and unhampered control to manage, direct, and
totally supervise all employees of the City.
-{b) To hire, promote, transfer, schedule, train, assign and retain
employees in positions with the City and to establish procedures therefor.
(c) To suspend, demote, discharge, layoff, or take other disciplinary
action for just cause against employees in accordance with this collective
bargaining Agreement, the City's Personnel Policies and Regulations,
procedures and departmental policies.
(d) To maintain the efficiency of the operations of the Police Department.
(e) To determine the structure and organization of City government,
including the right to supervise, subcontract, expand, consolidate or merge any
department, and to alter, combine, eliminate, or reduce any division thereof.
(f) To determine the number of all employees who shall be employed by
the City, the job description, activities, assignments, and the number of hours
and shifts to be worked per week, including starting and quitting time of all
employees.
(g) To determine the number, types, and grades and salary structures of
positions or employees assigned to an organizational unit, department or project,
and the right to alter, combine, reduce, expand or cease any position.
(h) To set its own standards for services to be offered to the public.
6
(i) To determine the location, methods, means and personnel by which
operations are to be conducted.
U) To determine what uniforms the employees are required to wear
while on duty.
(k) To set procedures and standards to evaluate City employees job
performance.
(I) To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions.
(m) To determine internal security practices.
(n) Introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to
exercise those rights and powers incidental thereto, including the
right to make unilateral changes when necessary.
(0) Control the use of equipment and property of the City.
(p) To formulate and implement department policy, procedures rules and
regulations;
Section 2. It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the realm of
related duties.
Section 4. Any right, privilege, or functiorl of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City.
7
ARTICLE 6
PBA Business
Section 1. The City shall provide PBA with a bulletin board. A copy of all
notices or bulletins of the PBA that are to be posted shall be submitted to the City
Manager, or designee. There shall be no other general distribution or posting by
employees of pamphlets, advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided. The bulletin boards
authorized by the City for use by PBA may be used by the PBA under the terms
of this Article, only for the purpose of posting the following notices and
announcements:
(a) Notices of PBA meetings;
(b) Notices of PBA elections;
(c) Notices of PBA appointment to office;
(d) Notices of PBA recreational and social affairs.
(e) Notices of Collective Bargaining Agreement ratification meetings.
(f) Minutes of Association Meetings
Official PBA representatives shall post all notices. Any intentional violation
of this provision by the PBA shall result in the privilege of such use of the bulletin
boards being withdrawn.
8
ARTICLE 7
PBA Representation
Section 1. Neither party in negotiations shall have any control over the
selections of the negotiating or bargaining representative of the other party. The
bargaining committee of the PBA shall not consist of more than four individuals,
at least one of whom must be a member of the Aventura bargaining Unit. No
more than two PBA bargaining unit representatives shall be released from duty
with pay for purposes of collective bargaining. The PBA will furnish the City with
a written list of the PBA bargaining committee, prior to the first bargaining
session, and will substitute changes thereto in writing to the City.
Section 2. PBA representatives shall be allowed to communicate official
PBA business to members prior to on-duty roll call.
Section 3 After securing permission from the Police Chief or his designee,
PBA representatives and agents may be permitted to discuss PBA grievances
with members during their duty hours provided such discussions shall not
interfere with the performance of the member's duties and service to the
community, as determined by the Police Chief.
Section 4. Special conferences on important matters will be arranged as
necessary between the officers of the PBA and the City Manager or Police Chief
upon the request of either party. PBA representatives shall be limited to not more
than two on-duty persons.
Section 5. The PBA agrees that there shall be no solicitation of City
employees for membership in the PBA, signing up of members, collection of
initiation fees, dues or assessments, meetings, distribution of PBA or affiliated
PBA literature or any other business activity of the PBA on City time and during
the working hours of City employees.
9
Section 6. Off-duty time spent on negotiations or grievances shall not be
deemed "hours worked", as defined by FLSA, nor shall such time be accrued
toward overtime in any employees work day or workweek.
Section 7. The City and the PBA agree that there will be no collective
bargaining negotiations attempted or entered into between any persons other
than the City Manager and/or his designee and designated representatives of the
Association. Any attempt to circumvent the proper bargaining process shall be
deemed grounds for either party to file an unfair labor practice and shall result in
appropriate charges being filed against the offending party.
10
ARTICLE 8
No Strike
Section 1. "Strike" means the concerted failure to report for duty, the
concerted absence of employees from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstinence in whole
or in part by any group of employees from the full and faithful performance of their
duties' of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
Section 2. Neither the PBA, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will instigate,
promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown,
sick-out, concerted stoppage or work, illegal picketing, or any other interruption of
the operations of the City.
Section 3. Each employee who holds a position with the PBA occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the strike prohibition in Section 447.505, Florida
Statutes and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the PBA, its officers, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
Article and the law by remaining at work during any interruption which may be
11
initiated by others; and their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Section 4. Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the
City.
Section 5. The City agrees to adhere to the provisions of Chapter 447,
Florida Statutes, regarding the prohibition on lockouts.
12
ARTICLE 9
Leaal Representation
Section 1. Whenever a civil suit in tort is brought against an employee for
injuries or damages suffered as a result of any act, event, or omission of action
which is alleged to have occurred while the employee was on duty or acting
within the scope of his/her employment, the City will investigate the
circumstances to determine whether the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
Section 2. If the City determines that the employee did not act in bad faith
or with malicious purpose or in a manner exhibiting wanton and willful disregard
of human rights, safety or property, the City shall undertake the defense of the
employee as required by law. Said defense shall cease upon judicial finding, or
finding by the City, that the employee acted in bad faith or with malicious purpose
or in a manner exhibiting wanton and willful disregard of human rights, safety, or
property.
13
ARTICLE 10
Salaries
Section 1. All employees covered by this Agreement shall receive the
following cost of living adjustments to their base salary:
(a) For the first year of this Agreement, (October 1, 2002 to September
30, 2003) Each Police Officer bargaining unit employee, hired before October 1,
2002, shall either receive a 3.5% increase of their salary as of September 30,
2002 or receive the new minimum starting salary whichever is higher, retroactive
to October 1, 2002. In addition to the above, those Police Officers earning more
than $34,000 on September 30, 2002 shall be entitled to an additional $1,000
salary increase after the 3.5% increase has been applied. Each Sergeant
bargaining unit employee, hired before October 1, 2002, shall either receive a
3.5% increase of their salary as of September 30, 2002 or receive the new
minimum starting salary whichever is higher, retroactive to October 1, 2002.. In
addition to the above, those Sergeants earning more than $47,000 on September
30, 2002 shall be entitled to an additional $1,000 salary increase after the 3.5%
increase has been applied.
In addition, to the above, during the 2002/03 fiscal year employees who
were not placed at the new minimum starting salary shall automatic receive a
3.5% bonus on their anniversary date The anniversary date shall be defined as
the employee's entrance date into his/her present position. For future calculations
of salary the merit amount shall be applied to an employee's base pay as of
September 30, 2003.
(b) F or the second year of this Agreement (October 1, 2003 to
September 30, 2004) bargaining unit employees, hired before October 1, 2003,
shall receive a 3.5% increase of their salary as of September 30, 2003, on
October 1, 2003.
14
(c) For the third year of this Agreement (October 1, 2004 to September
30, 2005) bargaining unit employees, hired before October 1, 2004 shall receive
a 3.5% increase of their salary as of September 30, 2004, on October 1, 2004.
Section 2. Merit Salarv Increases/Evaluations
(a) Beginning October 1, 2003, all employees covered by this
Agreement, shall be eligible for a merit salary increase, except as provided in
Section (d) herein, on the employee's anniversary date in accordance with APDP
- Emr:>loyee Appraisals Chapter 4.17. The anniversary date shall be defined as
the employee's entrance date into his/her present position.
(b) PBA and the City agree to recognize that merit increases are not
automatic. The amount of merit salary increase shall be based on the quality point
average the employee receives on hislher evaluation form
(c) The merit salary increase will be added to the employee's existing
base salary at the time of the employee's anniversary date.
(d) Employees covered by this Agreement, who reach the maximum
salary, as stated in the attached salary range plan, shall not be eligible for merit
increases.
(e) An evaluation received by a permanent employee may be appealed
to the Police Chief. All appeals requested must be in writing within five (5) days
following notification of the employee's evaluation rating by hislher supervisor. If
the employee is not satisfied with the Police Chief's answer, he/she may than
appeal the decision to the City Manager in writing within five (5) days of the Police
Chief's answer. The City Manager's findings shall be final.
Section 3. Service Experience Incentive is effective for fiscal year
2002/03 only. An employee is eligible for the following service experience
incentives:
15
Experience as a Police Officer Incentive
Less than 2 years experience $0
2 - 5 years of total experience $1,500
5 - 7.5 years of total experience $1,500
7.5 - 10 years of total experience $1,500
More then 10 years of total experience $1,500
Section 3. Promotions
(a) In the event of a promotion, an employee will be placed in the
minimum pay rate classification of his/her promoted position or receive a 5.0%
increase, in his/her present salary whichever affords the employee a higher
increase.
Section 4. Salary Ranqes
(a) All employees covered by this Agreement, hired after October 1,
2002, shall receive the minimum salary range, as outlined in the Salary Schedule
outlined herein for their appropriate position classification upon his/her original
appointment.
(b) The salary ranges for fiscal year 2002103 shall be as follows:
SALARY RANGES
Position Minimum Maximum
Police Officer $37,000 $55,000
Police Sergeant $51,200 $69,200
(c) Those employees hired by the City that have prior police
experience may be employed at a rate not to exceed the salary of any existing
employees with same level of experience.
Section 5. Detectives An employee assigned as a Detective by the Police
chief shall receive a pay incentive of $35.00 per week. Employees serving in a
Detective capacity serve in said capacity at the pleasure of the Police Chief. No
16
grievance proceeding may be filed by an affected employee when said
employee's Detective capacity is terminated.
Section 6. Field Trainina Officer An employee assigned as a Field
Training Officer by the Police Chief shall receive a pay incentive of $25.00 per
week. Employees serving in a Field Training Officer capacity serve in said
capacity at the pleasure of the Police Chief. No employee grievance may be filed
by an affected employee when said employee's Field Training Officer capacity is
terminated.
Section 7. Corporal An employee assigned as a Corporal by the Police
Chief shall receive a pay incentive of 5% of their current salary while serving in
the Corporal capacity. Employees serving in a Corporal capacity serve in said
capacity at the pleasure of the Police Chief. No employee grievance may be filed
by an affected employee when said employee's Corporal capacity is terminated.
Section 8. K-9 Officer. Motorcycle Officer and Swat Team An employee
assigned as a K-9 or Motorcycle Officer by the Police Chief shall receive a pay
incentive of $25.00 per week. An employee assigned as a member of the SWAT
team by the Police Chief shall receive a pay incentive of $15.00 per week.
Employees serving in said capacity serve at the pleasure of the Police Chief. No
employee grievance may be filed by an affected employee when said employee's
capacity is terminated.
17
ARTICLE 11
Severability Clause And Prohibition Aaainst Reopenina Of NeQotiations
Section 1. Should any provision of this collective bargaining agreement,
or any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted state or federal law, or by any decree of a court of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
Section 2 The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by law
from the area of collective bargaining and that the understanding and agreement
arrived at by the parties after the exercise of that right and opportunity are set forth
in this Agreement. Therefore, the City and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge and-contemplation of either or
both of the parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as all other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement.
18
ARTICLE 12
Rules. Directives And Personnel Policies
Section 1. The parties agree that the City may promulgate Personnel
Policies, Administrative Policy Directives and Procedures (APDP) issued by the
City Manager and the Procedural Directives issued by the Chief of Police and
they shall apply to all bargaining unit members. Any changes to the Personnel
Policies, Administrative Policy Directives and Procedures Manual and Police
Procedures shall be copied to the PBA.
Section 2. In the event of any conflict between the terms of this Agreement,
the APDP, Police Procedures, or the Personnel Policies, this collective bargaining
agreement shall supercede to the effect that the in consistent terms and conditions
of this negotiated Agreement, if any, shall control.
Section 3. Existing employee benefits, attendance and leave and hiring
and employment practices contained in the Personnel Policies, the APDP and
Police Procedures and/or the General Orders are hereby incorporated herein and
shall apply to all bargaining unit members.
Section 4. The CITY shall provide a copy of Personnel Policies,
Administrative Policy Directives and Procedures (APDP) issued by the City
Manager, Procedural Directives issued by the Chief of Police and a Code of
Ordinances to the Association at no cost.
19
ARTICLE 13
Grievance Procedure
Section 1. In a mutual effort to provide harmonious working relations
between the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure for the resolution of grievances between the
parties arising from any alleged violation of the specific terms of this Agreement.
Grievances relating to alleged violations of the specific terms of this Agreement
shall be processed in the following manner.
Section 2. Verbal Grievance
Step 1
Whenever an employee has a grievance, he should first present it verbally to
his immediate supervisor within seven days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a mutually
satisfactory settlement of the grievance within seven (7) calender days of the time
when it was first presented to him, or failing in that, must within that time advise the
employee of his inability to do so. Such contact between the employee and
supervisor shall be on an informal basis.
Section 3 Formal Grievance Procedure
Step 2
If the aggrieved employee is not satisfied with Step 1 answer, he/she may,
within seven (7) calendar days following the day on which he/she received the
Step 1 answer, reduce the grievance to writing and submit it to the Shift Sergeant.
The grievance shall be signed by the employee and shall specify: (a) the date of the
alleged grievance; (b) the specific article or articles and section or sections of this
Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged
20
grievance; and (d) the relief requested. The Shift Sergeant may informally meet
with the grievant to address the grievance. A PBA representative may be present
at the meeting upon the grievant's request. The Shift Sergeant shall reach a
decision and communicate in writing to the aggrieved employee and PBA within ten
(10) calendar days of receipt of the grievance.
Step 3
If the grievance is not resolved at Step 2, or if no written disposition is made
within the Step 2 time limits, he/she shall have the right to appeal the Step 2
decision to the Chief of Police or his/or her designee within seven (7) calendar days
of the due date of the Step 2 response. Such appeal must be accompanied by a
copy of the original written grievance, together with a signed request from the
employee requesting that the Step 2 decision be reversed or modified. The Chief
of Police or hislher designee may conduct a meeting with the grievant and hislher
PBA representative, if needed. The Chief of Police or his/or her designee shall,
within ten (10) calendar days after the presentation of the grievance (or such longer
period of time as is mutually agreed upon in writing), render hislher decision on the
grievance in writing to the aggrieved employee and PBA.
Step 4
If the grievance is not resolved at Step 3, or if no written disposition is made
within the Step 3 time limits, he/she shall have the right to appeal the Step 3
decision to the City Manager or his or her designee within seven (7) calendar days
of the date of the issuance of the Step 3 decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance, together with a
request form signed by the employee requesting that the Step 3 decision be
reversed or modified. The City Manager or hislher designee shall conduct a
meeting with the grievant and hislher PBA representative, if needed. The City
Manager or hislher designee shall, within ten (10) calendar days (or such longer
21
period of time as is mutually agreed upon in writing), render hislher decision in
writing to the aggrieved employee and PBA.
Section 4. A grievance not advanced to the higher step within the time limits
provided shall be deemed permanently withdrawn as having been settled on the
basis of the decision most recently given. Failure on the part of the City to answer
within the time limits set forth in any step will entitle the employee to proceed to the
next step. The time periods contained herein may be mutually waived or extended
due to unforseen circumstances.
Section 5. Where a grievance is general in nature in that it applies to a
number of employees having the same issue to be decided, it shall be presented
directly to the Chief of Police or his/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1, and signed by the aggrieved employees or the PBA representative on
their behalf.
Section 6 In the event a grievance relating to the interpretation of this
Agreement or relating to a discipline matter involving demotions for non-
probationary employees, suspensions of two (2) days or more and/or relating to
termination of employment, processed through the grievance procedure has not
been resolved at Step 4, the City or the PBA may submit the grievance to
arbitration within ten (10) calendar days after the City Manager (or a designee)
renders a written decision on the grievance, or the due date of that decision if no
written decision is made. An individual bargaining unit member may not proceed to
arbitration without the consent of the PBA. Matters relating to assignment, hiring,
promotion, demotion of non-probationary employees, discipline not involving
termination of employment or suspensions less than two (2) days shall not be
subject to arbitration and the City Manager's decision shall be final and binding.
22
Section 7. The arbitrator may be any impartial person mutually agreed upon
by the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (10) calendar days after the City or PBA request arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation and
Conciliation Service. Within ten (10) calendar days of receipt of the list, the parties
shall alternately strike names, the City striking first. The remaining name shall act
as the Arbitrator.
Section 8. The City and the PBA shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the Arbitrator shall confine his/her decision to the particular grievance specified.
In the event the parties fail to agree on the statement of the grievance to be
submitted to the Arbitrator, the Arbitrator will confine his/her consideration and
determination to the written statement of the grievance and the response of the
other Party. Copies of any documentation provided to the Arbitrator by either
party shall be simultaneously provided to the other party.
Section 9. The Arbitrator shall have no authority to change, amend, add
to, subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Arbitrator shall have no authority to consider
or rule upon any matter which is stated in this Agreement not to be subject to
arbitration. The Arbitrator may not issue declaratory or advisory opinions.
Section 10. Copies of the Arbitrator's decision shall be furnished to both
parties within twenty (20) days of the closing of the Arbitration hearing. The
Arbitrator's decision will be final and binding on the parties.
Section 11. Each party shall bear the expense of its own witnesses and of
its own representatives for the purposes of the arbitration hearing. The impartial
Arbitrator's fee and any related expenses including any cost involved in
requesting a panel of arbitrators, shall be paid by the non-prevailing party. The
23
hearing room, shall be supplied and designated by the City. Any person desiring
a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such cost.
Section 12. Unless otherwise agreed to by both parties, grievances under
this Agreement shall be processed separately and individually. Accordingly, only
one (1) grievance shall be submitted to an Arbitrator for decision in any given
case. Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent or an admission that the Agreement has been violated.
24
ARTICLE 14
Seniority
Section 1. Seniority shall consist of continuous accumulated paid service
with the City. Seniority shall be computed from the date of appointment within a
particular job classification or rank. Seniority shall accumulate during absence
because of illness, injury, vacation, military leave, or other authorized leave.
Section 2. Seniority shall govern the following matters:
(a) Vacations for each calendar year shall be drawn by employees on the basis of
seniority preference. (b) In the event of a reduction in force or a layoff for any
reason, members of the police force shall be laid off in the inverse order of their
seniority in their classification. Any member who is to be laid off who has advanced
to a higher classification from a lower permanent classification shall be given a
position in the next lower classification in the same department. Seniority in the
lower classification shall be established according to the date of permanent
appointment to that classification and the member in the classification with the least
seniority shall be laid off. Members shall be called back from layoff according to the
seniority in the classification from which the member was laid off. Generally, shifts
and days off will be subject to seniority, however the Police Chief reserves thE'! right
to make neecsary changes based on operational necessity.
Section 3. No new Police Officer shall be hired in any classification until all
members of the police force on layoff status in that classification have had an
opportunity to return to work, provided that individual maintains reasonably the
same physical condition as on the date of layoff.
Section 4. The term "classification" has been used above in regard to
layoffs, etc. The definition of the term classification means job classification such
25
as Police Officer or Sergeant, not job assignment such as Detective or whatever
other assignments may come up from time to time.
26
ARTICLE 15
Labor-ManaQement Committee
Section 1. The City and the PBA shall each name up to three (3) individuals
who are employed by the City of Aventura as members of the Labor-Management
Committee. This Committee shall meet and confer regarding any issues related to
the Police Department, which either party would like to discuss. This shall not
consti~ute renegotiations of the Agreement, but shall serve as a forum for exchange
of suggestions and recommendations. The Labor-Management Committee will
meet at mutually agreeable times, but not more than once a month.
27
ARTICLE 16
Work Week and Overtime
Section 1. Forty (40) hours shall constitute a normal work week for
employees covered by this Agreement. Nothing herein shall guarantee any
member payment for a forty (40) hour work week unless the member actually works
forty (40) hours or the actual hours worked and the authorized compensated leave
total forty (40) hours. Authorized compensated leave shall mean leave
compensated under existing City policy or the provisions of this collective
bargaining agreement, (e.g. sick days, vacation time, holidays, compensation time,
educational leave).
Section 2. Hours worked in excess of the regular forty (40) hour work week
shall be compensated at the rate of time and one-half of the employee's regular
straight time, or the equivalent in compensatory time so long as said compensatory
time is taken in accordance with the Federal Fair Labor Standards Act in effect
during the length of this Agreement. Overtime will not be calculated for any period
under thirty (30) minutes on a daily or weekly basis.
Section 3. In the computation of work hours constituting the base forty (40)
hours and/or overtime hours, the following rules apply:
(a) Time spent on private duty details shall not be included.
(b) The work week, until changed by management (which is a management
right) upon due notice to the member employees, shall commence Monday and
terminate at midnight on Sunday.
Section 4. The department will establish the hours of work best suited to
meet the needs of the City to provide superior service to the community. The City
agrees to implement, on a trial basis, a 4/10 work schedule for Patrol shifts (A, B
and C) only, not including the Mall detail. The continuation of the 4/10 schedule will
be evaluated prior to each bid, based on the following criteria: Overtime costs,
28
Compensatory Time earned and usage, Sick Leave use, Training issues and
Cooperation between shifts during overlap periods. The continuation of the 4/10
schedule will be announced each bid. Once a shift bid is completed, the City agrees
to continue the program for the remaining period of that bid. Patrol shifts will not
adopt back to back shifts. No employee grievance shall be filed if the 4/10 work
schedule is discontinued
Section 5. Bargaining unit employees will be given seven (7) days notice of
any c~ange in their regular hours of work except where an emergency exists.
Section 6. Compensatory time off must be taken in accordance with the
Federal Fair Labor Standards Act and APD Procedural Directive #26, in effect.
The maximum accumulation of compensatory time is 130 hours on an annual
basis. An employee may cash in up to 60 hours per year provided notification is
received by the Police chief by November 1 for December 1 payout. Upon
resignation or termination of employment, all compensatory time remaining to an
employee's credit shall be compensated in cash.
29
ARTICLE 17
Off-Duty Police Work
Section 1. Beginning March 1, 2003, off-duty police work as authorized by
the Police Chief shall be compensated at the rate of not less than twenty five
dollars ($25.00) per hour for all bargaining unit members. There shall be an
administrative fee of no less than four dollars per hour charged by the City.
Section 2. Off-duty employers will guarantee a minimum employment period
of three (3) hours off-duty for each assignment requested of the Police department
(work assignments can be split between officers).
Section 3. Personnel assigned to off-duty law enforcement jobs shall be
fully protected in case of injury during such assignment by the City's Workers
Compensation coverage.
Section 4. Assignments of off-duty police work shall, be fairly and evenly
distributed among eligible bargaining unit members. Full time employees shall have
the right of first refusal in off-duty and detail police work assignments.
Section 5. When a detail requires four (4) or more police officers,
whenever possible, one of the four officers will be a supervisor. The supervisor
shall be compensated at the rate of not less than thirty dollars ($30.00) per hour.
There shall be an administrative fee of not less than five dollars ($5.00) per hour
charged by the City. If no supervisor is available to work the detail, then the on-
duty supervisor will be assigned to monitor the detail. Supervisors who work
regular off duty jobs will be compensated at the officer's rate in Section 1, above.
30
ARTICLE 18
EQuipment and Maintenance
Section 1. Upon hiring by the City of Aventura, all new employees shall
receive from the City, an initial issue as determined by the Police Chief in
accordance with departmental standards. The City will replace uniforms when they
become unserviceable in accordance with departmental standards.
Section 2. Any uniform including handcuffs and eyeglasses of an employee which
is damaged or broken in the line of duty shall be repaired or replaced at no cost to
the employee. The City shall replace wristwatches damaged while in the line of
duty and not due to the employee's neglect by payment to the employee up to
$75.00 and replace prescription eye glasses or contacts damaged while in the line
of duty up to $125 and non-prescriptive eye glasses up to $25.00. The City shall
replace handcuffs at the City's expense, when not lost or damaged due to the
employee's carelessness. The parties recognize that this section is intended to be
utilized to reimburse employees covered by this agreement for damage to their
personal property as opposed to negligent or careless loss thereof or improper use
of such equipment. The parties further recognize that the payments made for
uniform maintenance allowance are intended to reimburse employees covered by
this agreement for the cost of maintaining personal property such as weapons,
clothing, etc. and that no claim should be made for reimbursement for damage that
occurs to such items.
Section 3. All risk of damage, loss and/ordestruction to any items of a
personal nature, except as referred to in Section 2 above, damaged in the line of
duty while used to aid and improve vision, while on duty, is assumed by and shall
be the exclusive responsibility of the unit member. The City agrees to provide each
unit member with equipment necessary to perform the function of the job in lieu of
the use of personal property as contemplated above.
31
Section 4. All items of equipment issued by the City and not considered
expendable shall be returned upon termination of employment or appropriate
reimbursement made subject to allowance for normal wear and tear.
Section 5. After six (6) months of service the City will pay employees
uniform maintenance in the amount of $450 ($225 on October 1 st and $225 on
April 1 st). Employees assigned to the Detective Division shall receive uniform
maintenance in the amount of $600 ($300 on October 1 st and $300 on April 1 st).
32
ARTICLE 19
Personnel Records
Section 1. All personnel records of the employees shall be kept confidential
and shall not be released to any person without having received a public records
request or as required by law. The City will be bound by Florida State Statue
Chapter 119 and any existing or future Attorney General's opinion regarding the
release of personnel records. Except as otherwise required by Florida State Statue
Chapter 119, and for the ease of understanding of the employees, this shall mean
that at no time shall the news media be directly or indirectly furnished by the City
with the home address, telephone number, or photograph of any employee without
hislher express written consent.
Section 2. Upon reasonable request, an employee may review hislher
personnel records. The member shall have the right to make duplicate copies of
this record for hislher use, at no cost to the employee and the City agrees that no
personnel records of the member shall be concealed from the member's inspection.
Section 3. Employees shall have the right, if they desire, to submit written
comments, (including signed witness statements, under oath) with reference to
derogatory performance evaluations, citizen's complaints, and any other written
documentation which the employee feels is detrimental.
Section 4. Personnel files shall at no time, without the permission of the City
Manager be removed from the Police Station and/or Human Resources Division.
33
ARTICLE 20
Bereavement Leave
Section I. In the case of death of an immediate member of the family
(mother, father, sister, brother, spouse, child, stepmother, stepfather, stepchild,
mother-in-law, father-in-law, grandchild, grandmother, or grandfather), full-time
employees who have been in the employ of the City for three (3) months or more
will receive up to four (4) days' paid leave for in-state (Florida) funerals and up to
five (5) days paid leave for out-of-state funerals without charge to vacation leave
credits. Any absence in excess of this amount will be charged to vacation leave or
leave of absence may be arranged if an extended period is required, with the
authorization of the City Manager.
34
ARTICLE 21
Holidav Leave
Section I. Employees shall be eligible for the following schedule of paid
holidays. When a holiday falls on Saturday, the previous Friday will be observed,
and if the holiday falls on Sunday, the following Monday will be observed.
New Year's Eve Day 1/2 day
New Year's Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve Day1/2 day
Christmas Day
Section 2. Where it is necessary to maintain regular services requiring an
employee to work on an official holiday, in addition to regular pay for time worked
on a holiday, such employee shall receive an extra day's payor half a day's pay,
depending on the holiday outlined above, provided the employee exceeds the
normal work week.
Section 3. If an employee is on authorized leave when a holiday occurs,
that holiday shall not be charged against leave (authorized leave refers to vacation,
illness, injury, compensation time, etc.). The employee must work the day before
and the day after each holiday to be eligible for holiday pay with the exception of
normal days off or excused absences
35
ARTICLE 22
Personal Leave
Section I. All employees hired before April 1st of any calendar year shall be
granted twenty four (24) hours, of Personal Leave for that calendar year. New
employees hired on or after April 1st of any calendar year shall be granted sixteen
(16) hours Personal Leave for that calendar year. New employees hired on or after
July 1st of any calendar year shall be granted eight (8) hours Personal Leave for
that calendar year. Personal leave shall be used for personal reasons, religious
observances and transaction of personal business. No payment shall be made
upon separation from City service for any unused Personal leave. No carry-over of
Personal leave shall be permitted from year-to-year. Said leave shall be granted
upon the approval of the City Manager and lor Department director.
36
ARTICLE 23
Trainina
Section 1. The City agrees to provide the necessary in-service training
to keep each officer in compliance with minimum State standards.
Section 2. Annually, whenever possible, each officer will be provided an
additional forty hours of in-service training.
37
ARTICLE 24
Transfers. Shift ChanQes and Substitutions
Section 1. It shall be the sole right of the City to transfer employees within
the Police department for the betterment of the service providing such transfers are
accomplished in an equitable manner, consistent with the health, safety and welfare
of the City.
. Section 2. Normal schedule changes shall be posted at least fourteen
(14) days in advance. Unless mutually agreed by both parties, schedule changes
made, in between normal rotations, shall only be made with a minimum of One (1)
week notice.
Section 3. Voluntary exchange of individual workdays between
employees of like rank shall be permitted with the approval of Shift Supervisors
provided such swaps do not interfere with the orderly operation of the Police
Department.
38
ARTICLE 25
Group Insurance
Section 1. The city agrees tp pay one hundred percent (100%) of the
individual employee health coverage premium. The City agrees to pay seventy
percent (70%) of the dependent coverage premiums.
Section 2. Bargaining unit personnel who are totally disabled in the line-
of -duty shall be eligible to continue to receive group health and hospitalization
insurance coverage for both individual and family members under the same
conditions as were enjoyed at the time of disability, until such time as the employee
is eligible for said health and hospitalization coverage under the federal Medicare
Program.
Section 3. Within sixty (60) days of the ratification of this Agreement, the City
shall provide all bargaining unit members with a short term disability insurance
policy. The cost of the policy shall be paid 100% by the City and provide 66 and
213 percent of the unit members normal base wage for both on and off duty injuries.
Benefits provided for short term disability shall be similar to the long term disability
provisions of the Village of Pinecrest policy which is provided by the Principal
Financial Group (BC N-04797 Updated 08/2001).
39
ARTICLE 26
Promotion Procedures
Section 1. Police officers with four (4) years law enforcement experience
of which one (1) year will be with the City of Aventura shall be eligible to take the
examination for a promotion to the rank of Sergeant.
Section 2 All promotions shall be in accordance with the Police
Department Procedural Directive # 19, dated April 1, 1999. The City will announce
promotional examinations at least sixty (60) days in advance of the assessment
process. The eligibility list shall be valid for up to one (1) year.
Section 3. A candidate for promotion shall have the right to review the
scored elements of the Assessment process.
Section 4. The provisions of Police Department Directive #19 shall
remain in effect during the term of this Agreement.
40
ARTICLE 27
Probationary Emplovees
Section 1. All appointments to positions made from outside service shall be
subject to a one (1) year probationary period from the date of said appointment. All
appointments to the position of Sergeant made by promotion within the service
shall be subject to a one (1) year probationary period from the date of said
promotion.
Section 2. Probationary employees at the expiration of the probationary
period or anytime during the probationary period shall be subject to discontinuance
of service by the Police Chief upon recommendation to and approval of the City
Manager.
Section 3. Probationary employees disciplined or terminated during the
probationary period shall have no right to statement of cause, the reasons for
rejection or to a hearing, grievance and/or appeal.
Section 4. Probationary sergeants who are terminated shall have a right of
appeal only as to their status of employment in their rank of police officer.
Section 4. The just cause provision contained in the Management Rights
Article of this Agreement shall not pertain to probationary employees.
41
ARTICLE 28
Sick Leave
Section 1. For those employees hired prior to January 15, 1998, upon
retirement, resignation with two (2) weeks notice and layoffs, accumulated sick
leave will be paid on the basis of the following schedule:
% OF SICK LEAVE PAID
YEARS OF SERVICE AT BREAK IN SERVICE
Less than 1 year 0%
Less than 3 years 10%
3 through 5 years 25%
5 through 7 years 50%
Over 7 years 100%
Accumulated sick leave percentage will be paid based on the closest year.
Section 2 The accumulation for payout purposes shall be no more than 650 hours
for employees covered by this agreement.
42
ARTICLE 29
Pension Vestina
Section 1. The vesting schedule for purposes of the City's ICMARC
Retirement Program for members of the bargaining unit shall be as follows:
Years of Service Vestinq %
o to 1 years 0
.1 to 2 years 20
2 to 3 years 40
3 to 4 years 60
4 to 5 years 80
More than 5 years 100
Section 2. The City's contribution on behalf of the employee into the City's
ICMARC Retirement Program for members of the bargaining unit shall be 13.5%.
43
ARTICLE 30
Take Home Police Vehicle Policy
Section 1. The City agrees to administratively implement a "take home" police
vehicle policy. Sworn police officers employed by the City for a minimum of two
(2) calendar years covered by this agreement will be eligible to utilize City
assigned police vehicles as transportation to and from work. It is expressly
understood and agreed that said vehicle shall be utilized only for such
transportation to and from work and that any violation of this policy may
immediately result in the suspension or termination of the particular officer's
privilege to utilize a vehicle for such transportation. It is further understood and
agreed by the parties that the City may evaluate the "take home "policy. The City
may, in its sole discretion, terminate said policy. It is also understood and agreed
by the parties that any decision by the City to extend or terminate the aforesaid
policy shall not be subject to the grievance/arbitration procedure contained in this
agreement. Guidelines regarding the "take home" police vehicle policy will be
issued by the City Manager and reviewed with a representative of the PBA thirty
(30) days before implementation. Implementation of this policy is anticipated to
begin in 30 days from the date of approval of this agreement, with full
implementation by October 1, 2003 or sooner.
44
ARTICLE 31
Reopenina of Neaotiations
Section 1. Reopener. Between April 1 and April 15, 2003, either party may notify
the other party, in writing, of its desire to reopen Article 10 Salaries and Article 29
Pensions of this Agreement, provided that such reopener and any resulting
negotiations shall be for the sole purpose of discussing Article 10 Salaries and
Article 29 Pensions only. Upon such notice being given, the duly authorized
representatives of the parties will meet by May 1, 2003, or such later date as the
parties may mutually agree upon, to commence such negotiations. All other
provisions of this Agreement shall remain in full force and effect during any
reopening.
45
ARTICLE 32
Term of Aareement
Section 1. This Agreement shall be effective upon ratification by the PBA
and the City, and shall continue through September 30,2005.
Section 3. In the event a new collective bargaining Agreement is not
reached prior to the expiration of this Agreement, the terms and conditions of this
Agreement shall be binding upon the parties until the ratification of a new
collective bargaining Agreement.
Section 4. It is understood and agreed that this Agreement constitutes the
total agreement between the parties. The term of this Agreement shall not be
amended, except by the mutual written consent of the parties as they may from
time to time agree.
This Agreement is made and entered into and executed this
day of , 2003.
CITY OF AVENTURA
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
Eric M. Soroka, City Manager
John Riviera, President
Representative
ATTEST:
Representative
PBA General Counsel
Teresa M. Soroka, City Clerk
PBA Attorney
46
CITY OF AVENTURA
ADMINISTRATIVE POLICY DIRECTIVES
AND PROCEDURES MANUAL
5 8 1
Chapter # Sub Page
Date
Issued:
CHAPTER:
CITY FACILITIES AND EQUIPMENT
APPROVED:
SUBJECT: POLICE DEPARTMENT CITY-ASSIGNED TAKE HOME VEHICLES
PURPOSE
To establish guidelines for the use of City-assigned take home vehicles for sworn officers of
the Aventura Police Department.
POLICY & PROCEDURE
1. General
The assigned vehicle program is provided as a privilege, not a right. Personnel
acknowledge that vehicles and equipment are the property of the City of Aventura, which
retains sole right to absolute control of all vehicles.
2. Cateaorv I
The following employment classifications shall be assigned a Category I City-assigned
take home vehicle to be used to and from work:
Criminal InvestigationslDetective Division, Traffic Division, motorcycle units, all
police officers and sergeants who reside in the City of Aventura, K-9 officers,
Street Crimes unit, SWAT members and task force.
3. Cateaorv II
All sworn police officers not included in Category I and who reside in Broward or Miami-
Dade County shall be eligible for a take home vehicle to be used to and from work
provided they have been employed by the Department as an officer for a minimum of two
(2) calendar years. Decisions regarding the assignment of vehicles are not subject to any
grievance procedure.
4. Prohibitions
a. Personnel shall not:
. Add accessories or equipment without prior written approval of the Chief of
Police or his designee.
. Affix any unauthorized sticker, sign, tag, apparatus or appendage to the
vehicle.
. Use or introduce any fuel, oil, lubricant or additive other than those
authorized by the Fleet Manager.
b. Eligibility status for the following circumstances may be terminated by the
Police Chief and City Manager and the officer shall bring their assigned
vehicle to the Government Center:
. Officers on light duty status.
. Officers under suspension.
. Officers on extended leave.
. Officers who have had two or more preventable accidents during the
immediate preceding twelve (12) month period.
. Officers committing any other action deemed inappropriate by the Chief of
Police.
5. Suspension of Proaram
In the event the Police Department is under an emergency or in the event that, for
whatever reason, there are not an adequate number of vehicles, part of or all of the Take
Home Program may be suspended at the discretion of the City Manager.
6. Mileaae Charaes
. Officers in Category II shall reimburse the City per each bi-weekly paycheck, based
on the attached Map "A", as follows:
a. Officer living within twelve (12) miles of the intersection of Lehman Causeway
and Biscayne Boulevard. No Cost.
b. 12.1 -17 miles $24
c. 17.1 - 22 miles $36
d. 22.1 - 27 miles $48
e. 27.1 - 32 miles $60
f. 32.1 and above $72
. Officers in Category II who choose to have routine' maintenance* performed on their
take home vehicle by a garage, on their own time, shall be fully reimbursed by the
City for the cost of said maintenance; and the employee shall reimburse the City per
each bi-weekly paycheck based on the attached Map "A", as follows:
a. 0 - 12 miles No Cost
b. 12.1 - 17 miles $20
c. 17.1 -22 miles $30
d. 22.1 - 27 miles $40
e.
f.
27.1-32miles
32.1 and above
$50
$60
*Routine maintenance is:
1. Oil change, lubrication and change of filters every 3000 miles.
2. Tire rotation every 6000 miles.
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CITY OF AVENTURA
FINANCE SUPPORT
ort Services Director
TO:
FROM:
Eric M. Soroka, City
~ilgOre, Fi
DATE: January 28, 2003
SUBJECT: Change to Exhibit A to End of Year Budget Amendment
2nd Reading February 4, 2003 City Commission Agenda Item ..2...A-
Two of the amounts included in the budget amending ordinance which will be
heard on second reading at the February 4th Commission Meeting need to be
revised.
After I prepared the budget amendment, we determined that the payment made
to CAP Engineering in October, which represented September services, was
incorrectly charged to the 2002/03 budget. We corrected the entry to charge the
check to the 2001/02 fiscal year. As a result, we need to increase the amended
amounts for Community Development, Building Inspection Services from
$1,004,000 to $1,125,000 and the revenue amount for Building Permit Fees from
$1,500,000 to $1,621,000.
Please call me should you have any questions.
HMKlmn
CITY OF A VENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
BY: ort Services Director
TO: City Commission
FROM:
DATE: December 17,2002
SUBJECT: End of Year Amending Ordinance
1 st Reading January 7, 2003 City Commission Meeting Agenda Item .....f..L 6r
2nd Reading February 4, 2003 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2001/2002 budget.
Backaround
As you are aware, we are in the process of closing the books for the 2001/2002 fiscal
year. We are now to the point where we can formally amend the budget so that the
adopted budget contains appropriations sufficient to cover all actual expenditures. The
process is called the end of year "clean up" amendment and is done as a matter of
course each year.
General Fund
For the City Commission, the conference/seminar account requires additional funding
primarily because more elected officials attended the Florida League of Cities Annual
Conference than in past years.
For the City Managers office, retirement benefits were miscalculated in the budget and
the cost of health insurance was also understated due to the large increase in premium
effective September 1, 2001.
For Legal, the costs of the 199 Street Railroad Crossing along with higher than
projected cable television legal services caused the budget to be exceeded.
Page (2)
Memorandum to City Commission
Resolution Adopting End of
Year Budget Amendment
For the City Clerk Department, legal advertising was greater than budgeted due
primarily to the amendments to the land use plan and land development regulations.
For the Community Development Department, an increase of $1,004,000 is required
due to the very high level of building activity during the year. This is more than offset by
additional revenue for building permits ($1,900,000).
For Community Services, a total of $660,000 is required to cover actual expenditures.
The vast majority of this amount was due to taking over maintenance of new and
improved roadways and green spaces once capital projects were completed during the
latter part of the 2000/01 fiscal year and throughout the 2001/02 year. In addition,
shuttle bus service was increased due to demand for such services. Health insurance
increases in September 2001 and improvements in special events also contributed to
the need for additional funding.
For Non-Departmental, total expenditures were approximately $235,000 greater than
budgeted. A portion of this shortfall was due to higher than projected electric bills for
the Government Center. In addition, liability and property insurance costs were
signicantly greater than anticipated due to high audit premiums from prior years plus
higher rates and experience ratings than were projected when the budget was
prepared.
The Finance Support Services and Police Department budgets were underspent and
were used to fund a portion of the shortfall.
In order to cover the balance of overexpenditures, we are recognizing a portion of the
excess over budget for building permits. The amount included in the budget
amendment is only the amount necessary to offset the overexpenditure. Since actual
revenues from building permits exceeded the budget by more than $1,900,000 and
actual revenues in other accounts also exceeded budget, the projected fund balance of
$7,500,000 included in the 2002103 budget will be exceeded. Therefore, this
amendment will not negatively impact future years' budgets or capital programs.
HMKlmn
ORDINANCE NO. 2003-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2001/2002 FISCAL YEAR BY REVISING THE
2001/2002 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2001/2002 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2001-13, which Ordinance adopted a budget for the 2001/2002 fiscal
year, by revising the 2001/2002 budget as set forth on the attached Exhibit "A", which
exhibit is deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2003-_
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Berger, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Harry Holzberg yes
Mayor Jeffrey M. Perlow yes
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as
follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 7th day of January, 2003.
2
Ordinance No. 2003-_
Page 3
PASSED AND ADOPTED on second reading this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
,-
3
exhibit A
General Fund - 001
j~,,: v,~ <"F;~;~~~'\>~"";"~)'t: ~~,\,;,,~ ;;':~' ;:" ~llQ l~~;/~:" '",' A' tjfllIr~'"" ~ " 7~1!.ll{f1
ir-''=1'>i"'1':ji:;.'''',:','" ".-" '_'4~~ ,'1' 1rr:,~'-0E"'- -~'i'ir::C;',
~~ ,;t?.$:',~J:~h\", :-~.. '~':'i':' '4< " ",' ~!< , ' --
it IJ 3ft'l "',' . \\"- ""'~C""'l~. '" l) '~<I' ""' -" ~ ,
il/i.:l,~~",~~;;,:r.iiA~ ""~/;!;),W;;
REVENUES
LIcenses & PennIls
3221000 IIlIlldlng Pennils
SUBTOTAL
Total Amendment Revenues
EXPENDITURES
5410
CIIv Commission
Conference & SemInars
Subtotal
CIIv Mo_
2201 Retirement
2:101 IleaMh, life & Dlsabllllty Ins.
Subtotal
3120
5801
4111
1201
1401
2201
2101
4001
-
6120
5420
1410
I&9Il
Legal Fees
Conllngency
Sublolal
CIIv Clerk
legal_ising
Subtotal
Finance SUoDOt1_
SaIarles & Wages
OvertIme
Pension
Unemploymant Camp
Travel
R & M 0lIIce Equipment
Computer Operating Supplies
Conrerence & Seminars
Training
Subtotal
718,000
1,821,000
2,379,000
!1ll!liiij~rlll,llli_.___I~M~~~~~~lf~ril~~!~~_llIir~
~11'11'1;1!lm!~!"" ""
Im',llllimlimi~:.""
3000
11,000
.~~ '.liii!!~:l!~ii~!!!~~i~~1~!!~\~mmm~im~iiiiii~r::!i~I.:~
181,000
17.000
11.000
81,000
240,000
lI2,OOO
m!l~i!~~!~i~ii!~~~i!i .
40,000
"<';'
11.000
.IW
81,000
483710
1000
68041
1000
11000
18000
20010
8200
1??oo
-4000
-
.aGO
-'000
.1??oo
.14000
.aooo
-1000
-4200
478710
200
630411
-1000
1000
_0
12010
2200
6800
. II"
General Fund - 001 (Continued)
EXPENDITURES (Continued)
1201
3101
2301
3110
3410
3451
34IlI
4101
4311
4320
4891
4860
1220
Public Safetv!PoIlce
salaries Wages
Subtotal
Cornnunitv DevetoonMmt
Building Inspection SefVices
Subtotal
Comnunltv Services
HeaIlh, Ufe & Disablinty Ins.
Engi_ng
LandscapelTree MainL
BuuliftcalionlSlgnage
Transportatlon Services
EIaclrlc
lJtDlties.Slree Lights
_ater
R & M streels
SpecIal Events
Gas & 011
SUbtotal
Non-Deoartmental
4301 Electric
4601 liability & Property Ins.
Subtotal
6919
Capltal/Non Ileparlmenlal
Capital Reserve
Total Amendment-Expenditures
4,114.287
-201,000
~i1Iii~i!~1]iii!m!ml'~~~~
1,121,000 1,721,000
~~..~tl!!j~~~I~lM[~~rl]~~t%1!~~~I.~I'I~i
48,327.00
71,000
10,000
80,000
170,000
40,000
24,000
10,000
30,000
118,000
70,000
80,000
1,000
18,327
111,000
1,431,000
73,1100
304,000
19,000
111,000
280,000
100,000
121,000
10,000
U21,'"
-318,000
',801,818
~~lj!~~~r~I~!j__il~1
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Ordinance Amending 2002103 FY Budget to Revise Fund 120-
Transportation and Street Maintenance Fund and Reappropriate
Capital Projects
1S1 Reading January 7,2003 City Commission Meeting Agenda ItembW
2nd Reading February 4, 2003 City Commission Meeting Agenda Item~
RECOMMENDATION
It is recommended that attached budget amendment for 2002/03 FY be adopted by the
City Commission to amend Fund 120 to revise the title of the Fund to account for new
revenues and expenditures associated with the recently passed County Transit System
Surtax of Y2 % sales tax increase for transportation and to reappropriate two capital
projects from the prior fiscal year.
BACKGROUND
A. Transportation and Street Maintenance Fund
As you are aware, this past November the voters approved a Y2 % sales tax
increase to fund transportation improvements. The tax will be in effect on
January 1, 2003. As part of the People's Transportation Program, the cities
in Miami-Dade County will receive 20% of the proceeds for transit
enhancement projects. It is estimated that the City of Aventura will receive
$735,248 annually. However, for this fiscal year, the proceeds are estimated
to be $350,000 based on half-year implementation.
Based on the fact that the proceeds are restricted to certain transportation
expenses, the revenues and expenditures will be accounted for in the newly
revised Fund 120 entitled "Transportation and Street Maintenance Fund",
formally entitled "Street Maintenance Fund". Furthermore, 20% of the City's
share must be used for transit such as bus services, bus pullout bays,
shelters and any other transit-related infrastructure. The funds can only be
Memo to City Commission
Page 2
utilized for new programs and capital projects beyond those previously
funded in FY 2001/02.
It is proposed that the $350,000 be budgeted as follows:
a. Enhance transit services beyond levels set in the 2001/02 budget. This
would fund the increase in the new bus service bid along with increase in
services scheduled during the year - $70,000.
b. Partially fund Country Club Drive road resurfacing and street lighting -
$280,000.
B. Reappropriate Capital Proiects
In addition, the following capital projects that were not completed in 2001/02
should be reappropriated in this fiscal year.
1. General Fund - Country Club Drive Improvements - $1,400,000.
2. 2000 Construction Loan Fund - Waterways Park Land Acquisition
$4,000,000.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO 1139-02
ORDINANCE NO. 2003-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2002-24 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2002/2003 FISCAL YEAR BY REVISING THE
2002/2003 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBITS "A" AND "B"
ATTACHED HERETO; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs ahd requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2002/2003 Operating and Capital
Budget as set forth in Exhibits "A" and "B" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2002-24, which Ordinance adopted a budget for the 2002/2003 fiscal
year, by revising the 2002/2003 budget as set forth on the attached Exhibits "A" and
"B", which exhibits are deemed incorporated by reference as though set forth in full
herein.
Ordinance No. 2003-_
Page 2
Section 3. The "Street Maintenance Fund 120" is hereby replaced by the
"Transportation and Street Maintenance Fund 120" as outlined in Exhibit "A".
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 5. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Beskin, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Harry Holzberg yes
Mayor Jeffrey M. Perlow yes
The foregoing Ordinance was offered by Commissioner
, who moved its adoption on second reading. This motion was
seconded by Commissioner
and upon being put to a vote, the
vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
2
Ordinance No. 2003-_
Page 3
PASSED AND ADOPTED on first reading this 7th day of January, 2003.
PASSED AND ADOPTED on second reading this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
3
\\ II
~)(h:b.t- A
CITY OF AVENTURA
CATEGORY SUMMARY
2002103
This fund was established to account for restricted revenues and expenditures which by
State Statute and County Transit System Surtax Ordinance are designated for
transportation enhancements, street maintenance and consiruction costs. Expenditures
will either be accounted for in the General Fund by designating specific expenditure
accounts in the Community Services Department and the Capital Improvement Program or
in this fund by designating specific Capital projects.
REVENUE PROJECTIONS
310000/319999 Locally Levied Taxes 0 0 0 0 0
320000/329999 Licenses & Permits 0 0 0 0 0
330000l339999lntergovemmental Rev. 499,288 617,654 532,000 899,000 896,000
340000/349999 Charges for Services 0 0 0 0 0
360000/369999 Fines & Forfeitures 0 0 0 0 0
380000/399999 Misc. Revenues 9,778 16,689 7,500 7,600 7,500
380000/389999 Transfer from Funds 0 0 0 0 0
399900/399999 Fund Balance 133,314 239,881 190,000 20,000 20,000
EXPENDITURES
1000/2999 Personal Services 0 0 0 0 0
3000/3999 Contractual Services 0 0 0 0 0
4000/4999 Other Charges/Svcs 0 0 0 0 0
5000/6399 Commodities 0 0 0 0 0
Other
0 0 0 280,000 280,000
Final Budget 2002103
Page 1
CITY OF A VENTURA
lm~~!I~~~~~$'i.:~;;'::~l'1!\1li;' :'m'Jrii~1w.:tilr'tll:~,r,i'7i{\"',i';ljWt!,);'";:t;1'~f'i""';'(;"\~~~:''''''''''".~"\({:.).\~w~',..;.'!J"'~'":~""~":';':"r""<1"'('"'!P""'Y:"'~':Y"):~':I.;:""i;-\~ff"~"~;ii\~~ti:;~)"~~""'~i'ir",1;1)l"'1:.';)c:;:.t;'!A;;rM\ii12%~fu'fWj(f'~):':J)!i(~\)!0il'~"'ii'i;'faU:4
\g,""" ~,!,!~{,:,% ~l",. :'if,~:I"&;,TRANSPOR Pi. t)ONAND,S,."EETiMAINTENAI\ICC:.. ND,f20';l).~,t,'",'f.'V:"'i'i!i!il,':Li"'!~iii:w'
~<>>,1iA\ "'!i,'~';''''\~''"')'' _,~,,,,,,,,j',\lll1.. M:}Mt_.;t..~r.'j1W."il:"':',:":""""",,,_,,_ ':"'_,""',0",_' )',.n ."."">:"",.,.:..".",;,,,:,,,,<,,,,,.,.., _,_",_,,,,,_,,,,,,,,',"""j_,. .:"_ "'.;',;:'''i.;'''-.'''',:,-"".,," ."..,0'.::_.;,:,_;.,.,',; u',: "c'_';:'"\"",'.',',;,,.,',,',''''''.'' ,. ", '",:i~,,~, ":"..,~",;""#,vili",,,,,," 1'.'i>""'H""'~""',~~ci!1Y""!",'!!s.Jt~,~..\i',,,,;/i.\
2002103
REVENUE PROJECTIONS
Interaovenvnental Revenues
3351200 State Revenue Sharing $ 118,114 $ 113,147 $ 115,000 $ 115,000 $ 115,000
3353001 Local Option Cap. Impr. Ga. Tax 113,971 119,988 127,000 130,000 130.000
3353010 268,203 284,509 290,000 301,000 301.000
0
Misc. Revenues
3811000
Non -Revenue
3899000
Final Budget 2002103
Page 2
CITY OF AVENTURA
EXPENDITURES
OPERATING
CommunitY Services - 60-572
3465 Enhanced Transit Services 0 0 0 70,000 70,000
CAPITAL OUTLAY
CommunitY Services - 50-172
8315 Country Club Drive Improvements $ 280,000 $ 280,000
TRANSFERS
9117 Transfer to General Fund $ 372,000 $ 553,000 $ 729,500 573,000 573,000
Final Budget 2002/03
Page 3
3351200 State Revenue Proceeds - Revenue received in this category represents a
portion of the total State Revenue Sharing Funds. Their source is the motor fuel
tax and is restricted to road construction and maintenance. Based on information
from the State, it is anticipated that $115,000 will be received in the upcoming
fiscal year.
3353001/ Local Option Gas Tax - The County has adopted two phases of the local option
010 gas tax. The first phase is six cents per gallon on fuel and is collected by the
State's Department of Revenue and remitted monthly based on a formula which
pr_ovides a weight of 75% to population and 25% to center line mileage in each
city. These funds must be used for transportation related expenditures. The
second phase must be used for transportation expenditures needed to meet the
requirements of the capital improvements elements of an adopted
comprehensive plan.
County Transit System Surtax - County voters approved a 1/2 percent sales tax
increase for transportation needs that goes into effect January 2003. As
provided by County Ordinance the cities receive 20% of the proceeds based
upon population. Based on information provided by the County is anticipated
3455 Enhanced Transit Services - Funds will be used to fund required 20% of County
Transit System Surtax for. enhanced public bus transportation system beyond
levels set in the 2001/02 budget.
6316 Countrv Club Drive Improvements - Funds will be used to assist in funding the
improvements which include resurfacing, curbing, street lighting, landscaping
and irrigation.
9101 Transfer To General Fund - After the budget is reviewed, specific expenditure
accounts in the Community Services Department and the Capital Improvement
Program will be designated as funded from this fund. Although we will account
for these expenditures within the General Fund, transfers will be made once per
month from the Street Construction and Maintenance Fund to the General Fund
to reimburse the General Fund for actual expenditures made from these
designated expenditure accounts.
Final Budget 2002103
Page 4
r 1\ 1/
LX h,1"t- b
Budget Amendments
2000 Loan Construction Fund 340
Revenues
Non -Revenue
3999000 Carryover
SUBTOTAL
Expenditures
Community Services
6203 Waterways Park
SUBTOTAL
.'000000 '
,ail".;."._""."-'""",._",;,;,,.;
Total Amendments-
Revenues
Non -Revenue
3999000 Carryover
SUBTOTAL
7,500,000
,"$ ,'7,500,000 ',,'
1,400,000 8,900,000
" , ," .'.. . , ,', '$1,','''0,'''''''' ' , '$' 8900000
;.... .....u '"".", :, '" , ,
Expenditures
Community Services
6316 Country Club Drive Improvl
SUBTOTAL
..
Total Amendments-
,$1,400,000 .
Final Budget 2002103
Pagel
0===-
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undorsigned authority personally appeared
O. \I FERBF.YRE wl)o 011 oa.th Sl'lys that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA 0 PUBLIC NOTICE OF
PROPOSED ORDINANCES 0 MEETING FEB. 4, 2003
in Ill. XXXX Court
was ~,uhlished in said newspaper in the issues of
01/09'2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal HOlidays)
and has been entered as second class mail matter at the post
officf:! in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
0,_ fe~~~:l~r~pin_7:~ t advertis t for publication in the said
,..o"~U
~
O.V. FERBEYRE pers
NOTICEISllEJlEIIY"GIVEN II\Bl ohTUelililY; lIinIIJ daycirFebt\laIy; .
2003, at a11W1inll<>l the City CommIssion of lite CIty of Avantura, to be
,held at6:OO'p.Jn. In tIMtCOO.......... Chamber at Aventura Government
~, ll12OO'_ ~'ilIub Dtfve; A1Ientuia, F,IoIlda, tha CIty ,
,c:omn-. wtII consIdir. the adopIionof. the followjllli 0l<Iinance0' on
'second ""'<lng, entiUed:
AI>. dllNAHCE OF THE CITY COIQIIllSIO\IQF lliE CITY
OF AYENTURA, FL~ AIIENDIN!1 CIIlIlIIIIAJtCe NO.
=1:aI="-~~=:==
FISCAL YEAR OPEIW!NG AND c;APIl'Aj.'1OtIClEl' AS
OUTLlNED IN EllHlfIII:' 'A' ATTACHED. HEAETO;
AUTHOIIZING lliE CITY ~ TO DO .ALL l1llNGs
NECU8AIlY TOCAllRY. OUT TIlE ~OF '11tI$
~NCE;l'fIOYIIIIIGfOllAN E1'~DAlE.
AN ~Of;THECITY co--nSiOiiUFlHECITY
OF AYEN1\IlI!I.; J'UlRIQA, _QI!IIIUIICIIIO,
~.',._=i~=
OUJIMEI).'lN. .... ....~A ..NID' TATT Al.C.U".oJL. .J..u;,'
~,.., .' ....- TO.DO A&,.t......
~.... . OUT,.. "..Me
.' ~~-"""~j,\~~" :
. Tl1ejll\', uDiiJ~IIIay'" ~ 1. ~..-m:pOBc....OftIot
III "'0IIy .1~'JIII>."o.I QlIj,wy WI OlIve, ___ Aootda.
hilA"'....:! Pi!ll'II'''' __ at tIllI Public -.tng and be heard wlIIt '
respect to the piOpoS8d6idliiiinces: Any-Person wishlno-to ~ the 1
'City CoImission onotry .lIom allhill. PubIlc HearIng IT'8Y do 10 _ the '
!Mayor~the~heaIIng:' . i
. .' I
In accordance with the _ with IlIIIaIIIIIties N:t of 1 ggo, all '
persons who alii _ and who need special ac:c:oh..lOdallons to 1
partic:Ipate In tills pn>cll8dng bec:auoe of that disability __ the
,Oflk:e of the CIty CiIIrtc, 3fl5-oI66.8901, not later than two _ days
, plio, to such proc:i8edIngs. "
. "a. person d8c:Ides to appeal otry _ made by the City
CorTrnIsalon with respect to any mallor con_red at a moetIng 01'
. heerIng, II\Bl person will need a. _.11I the poo..eedil... and, for such '
~,1T'8Y need to 8lISUI8 thet a __oIthe proc:eedlngsls :
made, wf1Ic:h record fnc:ludes the teatlmony and ovldenoe upon Which the .
appeal is to be based.
TereoaM. Soroka, CMCCItyCIerk '
119 03+1G:l132649OM
-
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FF.RBEYRE. who on oath says that he or r;h'3 is the
SU?ERVISOR, Legal Notices 0: the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Adverti.sement of Notice in the matter of
CITY OF AVENTURA. PUBLIC HEARING 2/4/03
APPLICANT NAME/NUMBER: WINN DIXIE STORES, INC./02-CU-03
in the XXXX Court.
was published in said newspaper in the issues of
01/24/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday,' Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commisso refund for the purpose
of secur~:~ ~ertis t for p blication in the said
newsoa~
(SEAL)
G.V. FERBEYRE person
OFFlClAL ARY SEAL
~ known tl>AMITT LLERENA
arARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. NE 23 004
\,^, ~.:>
Dno and nMoI
- ""11 I It._ln.
TI.......V~ftI..onn!:I .
6:00p.m. ,
Appllc:onl_umbor. WiM OIIcIlIStoIw.Inc.I CCl<Cu-o&
". "
r. , >.
App_ RoquHt: Tho AppIk:ont 10 requeotIng eondIUonoI UlIe:,
opprovaIlO ooIliCaIlIIkIbe>JMBun. ..1~'1
uor pacIIogo_ ~ .. pnlIIOMd !
glOClllY_In:tllO."'......-__-I!
plaza at 20417 ~-.u.I1OIwIIh.
SlOndIng liMn" .,dIoIOIIClIl1IqUire-
ments '0< t"-,.... .:__01 oIcGhoIiC.'
beYe~SOCtIal14-2(al and (b),OI the
City Code. ';':
LocolIon of
lIubIoct "-'Y:
'20411111l1G11ynlt-.d .
LIlSPI . D..tri~:
:'_\'!:',~, .'. ;.; .' . .i':.' ..' ~.-.,;
PlIIt oIi:'-''''''''.'f,.e;,Tho' __ :
SlIopolMt,.IlIl"cUIlPlot_,. PoO*!j
39 oUIlO' 1'lMc'- ,<<IlL I ~',
COunty.",', ,;,,' :.,' ;', I
SID,of.. '.. - I, q ',', ,I
subjoct.~: ~.~..~~.~:
plonSareonllleand~Ybe~~~'~~~at
the City 01 AvepWre ~ c;enw,~ bio. ilipmllll Oe-
partmOI1l, 19200 wast COuntry ~fUb~~1'loMa. 331110,
Plana may be mocIflod at 0< bIlI!l/IIlhe~ .....,mg; Tho lIPIlb!lon
may chango during the bearIr1g~ ' ' ,
, ThoPubllc;Haarit\gwillbeheklatCity~AlIlIOI\H"aGovemmentCenter"
~l~~~_M~~~~:
l18aI\ng c!Ote. ~"'IO ~~~I\y on OQrreopor.denoe and mall
same '0 City ol AV8lllura GClVamtl,o,-,1 c.n\8r, CommuIljty ~t .
; Depa~enlura. fIOrld,a.3311lO, for\u!!hel inIOnnaIion, please caIt
(305) '"".; !'jh
In accordanCe with the Ameildens.,;u. QiUbi1iti8s Pi;! 011 ggo, all per-
sons who ,are clIsabiod elll! who n8ed ~ ~ 10 partid- .
pele,ln IhIoProc:8ld'ng = of ,,-~__theOffIce
~I,t~ CiIl(QiIrlc;~,~ .. ,,,,,,,iIQi.......lluaiMMdeya.priQrto
such proceedings. . , , "
II a per.,,, :Iocides 10 ippeaIlII)Y decision made by the Clly Commls- '
sion wft~ ra&plK:t to an\' ma<<r.r considered at a meeting or hearing, that..
person wiU need a record of the procee<lings and, for such purpose, may:
need to ensure that a verbatim record of the proceedings is made, which
I record inOtudes the testimony and evidence upon which the appeal is to
be based.
1/24
Teresa M, Seroka. CMC, City Clerk
,"'.fl8-3-53/3324041;1