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05-04-2010 Zev Auerbach Bob Diamond! T eri Holzberg Billy Joel Michael Stern Luz U rbaez Weinberg A ':!be City of ~ventura ,(W, ..''1'...{"I....w'' City ManaflCr Eric M. Soroka, ICMA-CM City Commission Susan Gottlieb, Mayor City Oerk Teresa M. Soroka, MMC City Attol7lev Weiss Serota Helfman Pastoriza Cole & Boniske MAY 4, 2010 6 p.m. Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. ELECTION OF VICE MAYOR 5. SPECIAL PRESENT A TIONS: Employee Recognitions 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 ofthe Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: April 6, 2010 Commission Meeting April 22, 2010 Special Meeting April 22, 2010 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE A TT ACHED AUDIT ENGAGEMENT AGREEMENT BETWEEN THE CITY OF A VENTURA AND KEEFE, MCCULLOUGH & CO., LLP; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-03-29-2, ELECTRICAL MAINTENANCE SERVICES TO UNIVERSAL ELECTRIC OF FLORIDA INC. AND FLORIDA ELECTRIC CONTRACTING SERVICE, INC. AT THE IDIVIDUAL BID PRICES CONTAINED May 4, 20]0 IN EXHIBIT "A" ATTACHED; 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. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF- WAY ON BISCA YNE BOULEVARD FROM THE OLET A RIVER BRIDGE NORTH TO THE MIAMI-DADE/BROW ARD COUNTY LINE BY AND BETWEEN THE CITY OF A VENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF A VENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $85,850 FOR A FIREARMS TRAINING LAB COMPUTER SYSTEM, RECON SCOUT ROBOT, CAMERA CONCEALMENT DEVICE, VEHICLE TRACING DEVICE AND CELLEBRITE FORENSIC DEVICE FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. G. 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 2 May 4, 20]0 MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO. 10-02-16-2, SCHOOL UNIFORMS, TO IN UNISON UNIFORM COMPANY IN ACCORDANCE WITH THE RFP DOCMENT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she 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 be given its due weight. 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE OF BEER AND WINE AT THE WALGREENS PHARMACYIDRUG STORE LOCATED AT 3007 A VENTURA BOULEVARD, CITY OF A VENTURA, 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; PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171(b)(6) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW FORTY- ONE (41) PARKING SPACES, WHERE A MINIMUM OF SEVENTY-NINE (79) PARKING SPACES ARE REQUIRED BY CODE FOR THE MIAMI-DADE COUNTY PUBLIC LIBRARY LOCATED AT 2930 AVENTURA BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171(b)(5) OF THE CITY'S 3 May 4, 20]0 LAND DEVELOPMENT REGULATIONS TO ALLOW FOUR (4) PARKING SPACES, WHERE A MINIMUM OF NINETEEN (19) PARKING SPACES ARE REQUIRED BY CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31- 172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 127 FEET, WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31- 221(i)(2) TO ALLOW A 0 FOOT WIDE LANDSCAPE BUFFER ALONG THE EAST SIDE OF THE PARKING AREA, WHERE A MINIMUM SEVEN FOOT WIDE LANDSCAPE BUFFER IS REQUIRED BY CODE, ALL FOR PROPERTY LOCATED ON THE EAST SIDE OF NE 34 A VENUE BETWEEN NORTH COUNTRY CLUB DRIVE AND NE 207 STREET, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: FIRST READING-PUBLIC INPUT: None. 9. ORDINANCES: SECOND READING/PUBLIC HEARING: CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/2010 (JULY 1 - JUNE 30) BY REVISING THE 2009/2010 FISCAL YEAR BUDGET DOCUMENT 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 OF A VENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2010/11 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR 4 May 4, 20]0 ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS - PUBLIC HEARING: None. 12. REPORTS 13. PUBLIC COMMENTS 14. OTHER BUSINESS: None. 15. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS WORKSHOP MEETING MAY 20, 2010 9:15 AM 5TH FLR. EX. CONF. ROOM COMMISSION MEETING JUNE 1,2010 6PM COMMISSION CHAMBER 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 -466-890 1, not later than two days prior to such proceeding. One or more members of the City of A ventura 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 A~ - MINUTES CITY COMMISSION MEETING APRIL 6,2010 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 Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Teri Holzberg, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Jonathan Evans. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Stern, passed unanimously and the following action was taken: A. APPROVAL OF MINUTES: March 2, 2010 Commission Meeting March 18, 2010 Workshop Meeting B. Resolution No. 2010-17 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2010-18 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. The following motion was approved: MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 AND THE LETTER DATED MARCH 12, 2010 ATTACHED HERETO AS ATTACHMENT "A" E. Resolution No. 2010-19 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. 10-02-10-2, NE 1915T STREET ROADWAY AND DRAINAGE IMPROVEMENTS, TO ROCK POWER PAVING, INC. AT THE BID PRICE OF $76,724.75; 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. F. Resolution No. 2010-20 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she 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 be given its due weight. 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 Cleric A RESOLUTION OF THE CITY OF A VENTURA, FLORIDA, CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO THE WALL SIGN AT 17651 BISCAYNE BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. (Heard after item 8 - withdrawn by applicant) 2 7. ORDINANCES: FIRST READING/PUBLlC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2009/2010 FISCAL YEAR BY REVISING THE 2009/2010 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, and seconded by Commissioner Auerbach. No member of the public spoke. The motion passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE BOARD OF DIRECTORS OF THE A VENTURA CITY OF EXCELLENCE SCHOOL: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/2010 (JULY 1 - JUNE 30) BY REVISING THE 2009/2010 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Weinberg and seconded by Commissioner Joel. No member of the public spoke. The motion passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING/PUBLlC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING DIVISION 2 "TEMPORARY POLITICAL SIGNS" OF ARTICLE III, SIGN CODE, OF CHAPTER 34 "PLANNING AND ZONING" OF THE CITY CODE AND AMENDING ARTICLE IX OF CHAPTER 31 "SIGN REGULATIONS" OF THE 3 CITY'S LAND DEVELOPMENT REGULATIONS, CHAPTER 31 OF THE CITY CODE TO CLARIFY AND AMEND EXISTING REGULATIONS OF SIGNS WITHIN THE CITY SO AS TO ENHANCE COMPLIANCE WITH RECENT CASE LAW AND TO REPEAL EXISTING REGULATIONS OF TEMPORARY POLITICAL SIGNS AND PROVIDE FOR THEIR REGULATION ELSEWHERE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond and seconded by Vice Mayor Weinberg. Community Development Director Joanne Carr addressed the Commission. Mayor Gottlieb opened the public hearing. No member of the public spoke. The public hearing was closed. The motion passed unanimously by roll call vote and Ordinance No. 2010-02 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10.REPORTS: As presented. Mayor Gottlieb presented the State of the City Address. 11.PUBLlC COMMENTS:. Krop student and Aventura resident Ms. Pruchette updated the Commission on events at the high school. Reverend Will Keyser and Elly Elias addressed the Commission. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:45 p.m. Teresa M. Soroka, MMC, 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. 4 A~ - '-...,.",....';/ MINUTES CITY COMMISSION MEETING APRIL 22, 2010 9 am Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Teri Holzberg, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE BOARD OF DIRECTORS OF THE A VENTURA CITY OF EXCELLENCE SCHOOL: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2010/11 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Weinberg, and seconded by Commissioner Stern. No member of the public spoke. The motion passed unanimously by roll call vote. 3. ORDINANCES - SECOND READING - PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE BOARD OF DIRECTORS OF THE AVENTURA CITY OF EXCELLENCE SCHOOL: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/2010 (JULY 1 - JUNE 30) BY REVISING THE 2009/2010 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Diamond. No member of the public spoke. The motion passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2009/2010 FISCAL YEAR BY REVISING THE 2009/2010 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern and seconded by Commissioner Stern. No member of the public spoke. The motion passed unanimously by roll call vote. 4. MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION AS OUTLINED ON EXHIBIT "A". A motion to approve the City Manager's Performance Evaluation as outlined on Exhibit "A" to the agenda, with the amendment to include the COLA increase, was offered by Commissioner Joel, seconded and unanimously passed. 5. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 A~ e. '''-'''''''/ MINUTES CITY COMMISSION WORKSHOP MEETING April 22, 2010 following 9 am mtg. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb immediately following the 9 a.m. Commission meeting. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Teri Holzberg, Vice Mayor Luz Weinberg, Mayor Susan Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. AACC POLICIES (City Manager): Mr. Soroka advised the Commission of the request presented to the City to utilize the Arts & Cultural Center as a wedding venue. He also outlined the ticket distribution process for the opening event at the AACC. Finally, he displayed a rendering of the marquis to be placed on NE 188th Street for the School and Arts & Cultural Center. The upcoming events scheduled at the AACC were also discussed. CITY MANAGER SUMMARY: It was the consensus of the Commission to approve the use of the AACC as a wedding venue and the ticket distribution policy. Due to the Aventura Marketing Council Breakfast, it was the consensus of the Commission to schedule the May 20,2010 Workshop Meeting to begin at 9:15 a.m. 2. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned. Teresa M. Soroka, MMC, 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. CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission ~. BY: rian K. Raducci, Finance Director DATE: April 19, 2010 SUBJECT: Audit Engagement Agreement May 4, 2010 Commission Meeting Agenda Item ,,-~ Recommendation It is recommended that the City Commission adopt the attached Resolution which authorizes the City Manager to execute the Audit Engagement Agreement specifying scope of services and fees for Keefe McCullough & Co., LLP to serve as the City's Independent Auditors for the fiscal years ended September 30, 2010 through September 30, 2014 for the City's Comprehensive Annual Financial Report (CAFR) and June 30, 2011 through June 30, 2015 for the Charter School. Backaround At the April 6, 2010 Commission meeting, the City Commission adopted Resolution No. 2010-17 which establishing a ranking of firms to perform the City's independent audit. That Resolution was the culmination of a process that included an advertisement of an RFP in the Miami Herald on January 10, 2010 and a solicitation package which was made available from www.demandstar.com on January 11, 2010. An evaluation was made by an audit committee consisting of the City Manager, Finance Director and Controller, who interviewed three (3) firms and subsequently made final recommendation to the City Commission. Resolution No. 2010-17 included the committee's ranking of Audit Firms in order of preference (with 1 being the best): 1. Keefe, McCullough & Co., LLP 2. Grau & Associates 3. Marcum Rachlin Accountants Advisors Page (2) Memo to City Commission Audit Engagement Agreement The Resolution authorized staff to negotiate contract pricing with the top ranked firm and if unsuccessful with the next ranked firm. The attached Audit Engagement Agreement contains the scope of services and fees for the audit for each of the City's 2009/10 fiscal year and the 2010/11 Charter School year with the top ranked firm. The fees have been negotiated and are shown on pages 3-4 of the agreement as follows: Compensation for City's 2009/10 Annual Audit $42,000.00 These Fees include out-of-pocket expenses and the cost of drafting, typing and binding twenty-five (25) copies of the Comprehensive Annual Financial Report (CAFR). (the current fee for this service is $60,000, resulting in an annual savings of $18, 000, nearly $90,000 over 5 years). Compensation for Charter School 2010/11 Annual Audit $13,000.00 (the current fee for this service is $19,600, resulting in an annual savings of $6,600, nearly $33,000 over 5 years). These Fees include out-of-pocket expenses and the cost of drafting, typing and binding twenty-five (25) copies of the Audited Financial Statements of the Charter School. The Fee for subsequent contract years, ending 2011, 2012, 2013 and 2014 will be adjusted from the current contract Fee using the Consumer Price Index for "All Urban Consumers for Miami\Fort Lauderdale, Florida" as published by the U.S. Department of Labor Statistics or its successor agency for the twelve (12) months ending July of each year to be effective for the next engagement. As discussed in the previous paragraphs, I recommend that the City Commission approve the Resolution authorizing execution of the Audit Engagement Agreement. Should you have any questions, please feel free to contact the City Manager. BKR/bkr AUDITOR AGREEMENT THIS IS AN AGREEMENT, dated the 5th day of May, 2010, by and between: THE CITY OF AVENTURA, a municipal corporation of the State of Florida, with a business address of 19200 West Country Club Drive, Aventura, Florida 33180, hereinafter referred to as "CITY," and Keefe, McCullough & Co., LLP, Certified Public Accountants, authorized to do business in the State of Florida, with a business address of 6550 N. Federal Highway, Suite 410, Ft. Lauderdale, FL 33308, hereinafter referred to as "AUDITORS." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and AUDITORS agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On January 10, 2010, the CITY advertised its request for proposal No.1 0-02-08-2 (hereinafter, "RFP") which set forth the CITY's desire to hire a firm to provide: Independent Audit Services for the City of Aventura RFP No. 10-02-08-2 1.2 On February 8,2010, the responses to the RFP were opened at the offices of the City Manager. 1.3 On April 6, 2010, the CITY Commission selected and ranked three (3) firms from the list of proposers and authorized the CITY Administration to negotiate the terms of an agreement with the highest proposer. 1.4 On May 4,2010, the CITY awarded the RFP to AUDITORS and authorized the proper City officials to enter into this Agreement with AUDITORS to render the professional services more particularly described herein below. Page 1 of 11 1.5 Negotiations pertaining to the services to be performed by the AUDITORS were undertaken and this Agreement incorporates the results of such negotiation. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1 AUDITORS hereby agree to perform the professional auditing services described in request for proposal No. 10-02-08-2 Section III labeled "NATURE OF SERVICES REQUIRED" attached hereto as Exhibit "A." In case of a conflict or a perceived conflict, between the terms and conditions set forth in Exhibit "A" and the AUDITORS Proposal for Annual Independent Audit Services, Exhibit "A" shall govern. 2.2 During the conduct of the audit, AUDITORS shall schedule regular meetings, with the CITY's Finance Director or designee at least weekly to discuss the progress of the work. 2.3 AUDITORS shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement and all work performed under this Agreement shall be done in a professional manner. 2.4 AUDITORS hereby represent to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with AUDITORS, that AUDITORS have the professional expertise, experience and manpower to perform the services to be provided by AUDITORS pursuant to the terms of this Agreement. ARTICLE 3 TIME FOR PERFORMANCE AUDITORS shall perform the services identified in Article 2 and Exhibit "A" hereof and deliver to the CITY in final form the report of the independent auditor, management letter, the single audit report, and any other report as required for each fiscal year by no later than February 1 ih of each year for the City's Audit and no later than August 20th for the Charter School audit of each year during the term of this Agreement. Minor adjustments to the timetable for completion approved by CITY in advance, in writing, will not constitute non- performance by AUDITORS per this Agreement. Additional services requested by City Manager, or changes in scope, will be reviewed and any impact on the schedule determined and the schedule modified accordingly. Page 2 of 11 ARTICLE 4 DELAY IN PERFORMANCE 4.1 Liquidated Damaqes for Delav 4.1.1 CITY shall be entitled to retain the sum of One Hundred and Fifty Dollars ($150.00) for each day, or part thereof, that the work remains uncompleted beyond the timetable set forth in Article 3 hereof when such delay is caused by the failure of the AUDITOR to perform as agreed herein. It is recognized and agreed that damages in such events are difficult to ascertain, though great and irreparable, and that this agreement with respect to liquidated damages shall in no event disentitle CITY to injunctive relief and this sum is not construed as a penalty. 4.1.2 Anything to the contrary notwithstanding minor adjustments to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay by AUDITORS for which liquidated damages are due. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of AUDITORS shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by AUDITORS for which liquidated damages are due. ARTICLE 5 COMPENSATION AND METHOD OF PAYMENT 5.1 CITY agrees to compensate AUDITORS for all services performed by AUDITORS pursuant to the provisions of this Agreement in AN AMOUNT NOT TO EXCEED Fifty- Five Thousand Dollars ($55,000.00) (the "Fee"). This amount may not be exceeded without a written amendment to this Agreement. This Fee is broken down for each segment of the various required audits as follows: Compensation for City's Annual Audit $42,000.00 These Fees include out-of-pocket expenses and the cost of drafting, typing and binding twenty-five (25) copies of the Comprehensive Annual Financial Report (CAFR) and providing a "converted" (not scanned) signed electronic copy in PDF. Page 3 of 11 Compensation for Charter School Annual Audit $13,000.00 These Fees include out-of-pocket expenses and the cost of drafting, typing and binding twenty-five (25) copies of the Audited Financial Statements of the Charter School and providing a "converted" (not scanned) signed electronic copy in PDF. The Fee for subsequent contract years, ending 2011, 2012, 2013 and 2014 will be adjusted from the current contract Fee using the Consumer Price Index for "All Urban Consumers for Miami\Fort Lauderdale, Florida" as published by the U.S. Department of Labor Statistics or its successor agency for the twelve (12) months ending July of each year to be effective for the next engagement. 5.2 Method of Billing and Payment. 5.2.1 AUDITORS shall be entitled to invoice monthly based on the hours of work completed during the course of the engagement and out-of-pocket expenses incurred as accepted by CITY. Invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of this Agreement. 5.2.2 CITY will make its best efforts to pay AUDITORS within thirty (30) days of receipt of proper invoice the total shown to be due on such invoice. 5.2.3 Payment will be made to AUDITORS at: Keefe, McCullough & Co., LLP Certified Public Accountants 6550 N. Federal Highway, Suite 410 Fort Lauderdale, FL 33308 ARTICLE 6 CHANGES IN SCOPE OF WORK CITY or AUDITORS may request changes that would increase decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any extra work. In no event will the AUDITORS be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. Provided, however, notwithstanding the foregoing if the addition of such additional services will not exceed the Fee set forth in 5.1 above and the AUDITORS agree to be compensated in accordance with the hourly rate set forth in Exhibit "8" the City Manager may authorize such additional work in writing. Page 4 of 11 ARTICLE 7 MISCELLANEOUS 7.1 Ownership of Documents. Reports, surveys, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. 7.1.1 AUDITORS further acknowledge that CITY may post its audited financial statements on CITY's website. Such statements may be posted by CITY without the prior authorization of AUDITORS. No additional fee or compensation will be paid to the AUDITORS by CITY for such posting. 7.1.2 The CITY will include its audited financial statements in any offering statement without the prior authorization of the AUDITORS. AUDITORS acknowledge that they will assist and provide their services to CITY, at no additional expense to CITY, in the event that CITY requests AUDITORS to review and provide comments on the unaudited material or information associated with any audited financial statement which is included in an offering statement related to any bond transaction of CITY. 7.2 Term and Termination. 7.2.1 This Agreement may be terminated by either party for cause, or by the CITY for convenience, upon thirty (30) days written notice by the CITY to AUDITORS in which event the AUDITORS shall be paid their compensation for services performed to termination date. In the event that the AUDITORS abandon this Agreement or cause it to be terminated, they shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, surveys and reports prepared by AUDITORS shall become the property of CITY and shall be delivered by AUDITORS to CITY. 7.2.2 This Agreement shall take effect as of the date of award by the City Commission and shall end upon the AUDITORS completion of the work described herein, however, such date shall not be later than no later than February 17, 2012 for the City's Audit and no later than August 20, 2012 for the Charter School auditO. Thereafter, this Agreement may be renewed for three (3) additional one (1) year periods subject to Agreement by both parties, and providing that all terms, conditions and specifications remain the same. Page 5 of 11 7.3 Records. AUDITORS shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which AUDITORS expect to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement, unless contacted by CITY and advised such records must be kept for a longer period. AUDITORS shall further be required to respond to the reasonable inquiries of successor auditors and allow successor auditors to review AUDITORS' working papers related to matters of continuing accounting, reporting or auditing significance. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 7.4 Indemnification. 7.4.1 The AUDITORS shall protect, defend, reimburse, indemnify and hold harmless the CITY and the CITY'S officers, agents and employees free and harmless from and against any and all claims, losses, penalties, damages, settlements, costs, charges, attorneys or other professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions or proceedings directly or indirectly arising out of or resulting from the mistakes or negligence, gross negligence, willful and wanton acts and the performance of this Agreement by the AUDITORS, or their respective officers, employees, agents, servants, partners or principals. The AUDITORS agree to investigate, respond, adjust and provide a defense for any such claims, demands, and actions at AU DITORS' sole expense and agrees to bear and remain liable for all such other costs and expenses relating thereto, even if such claim is groundless, false or fraudulent. Notwithstanding the foregoing, AUDITORS' indemnity shall not extend to liability for damages to persons or property to the extent such damage was caused by any act, omission, or default of the CITY, or by the CITY'S officers, agents and employees. 7.4.2 The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the AUDITORS and that Florida law may require a specific consideration be given therefore. The parties therefore agree that the sum ofTen Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part ofthe specifications with respect to the services to be provided by AUDITORS. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Page 6 of 11 , 7.5 Insurance. 7.5.1 The AUDITORS shall not commence work under this Agreement until they have obtained all insurance required under this paragraph and such insurance has been approved by the City Manager of the CITY nor shall the AUDITORS allow any Subcontractor to commence work on his sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. 7.5.2 Certificates of insurance, reflecting evidence of the required insurance shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverage's afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide," published by AM. Best Guide. 7.5.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the AUDITORS shall furnish, at least forty-five (45) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension there under is in effect. The AUDITORS shall not commence nor continue to provide any services pursuant to this Agreement unless all required insurance remains in full force and effect. AUDITORS shall be liable to CITY for any lapses in service resulting from a gap in insurance coverage. 7.5.4 REQUIRED INSURANCE 7.5.4.1. PROFESSIONAL LIABILITY insurance. Limit of $1,000,000 per occurrence The City does not require AUDITORS to name City as "additional insured" 7.5.4.2. WORKERS' COMPENSATION insurance shall be maintained during the life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet, the AUDITORS shall require the Subcontractors similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the AUDITORS. The AUDITORS and their subcontractors shall maintain during the life of this policy Employers Liability Insurance. The following limits must be maintained: Workers' Compensation Employer's Liability Statutory $100,000 - Each Accident $500,000 - Disease-policy limit $100,000 - Disease-each employee Page 7 of 11 If AUDITORS claim to be exempt from this requirement, AUDITORS shall provide CITY proof of such exemption along with a written request for CITY to exempt AUDITORS, written on AUDITORS' letterhead. 7.5.4.3 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 7.6 Independent Contractor. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the AUDITORS are independent contractors under this Agreement and not the CITY's employees for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions ofthe Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The AUDITORS shall retain sole and absolute discretion in the judgment of the manner and means of carrying out AUDITORS' activities and responsibilities hereunder. The AUDITORS agree that they are a separate and independent enterprise from the CITY, that they have full opportunity to find other business, that they have to make their own investment in their business, and that they will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the AUDITORS and the CITY and the CITY will not be liable for any obligation incurred by AUDITORS, including but not limited to unpaid minimum wages and/or overtime premiums. 7.7 Assionments: Amendments. 7.7.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by AUDITORS without the prior written consent of CITY. However, this Agreement shall run to the benefit of CITY and its successors and assigns. 7.7.2 It is further agreed that no modification, amendment or alteration in the terms or conditions contained here shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.8 No Continoent Fees. AUDITORS warrant that they have not employed or retained any company or person, other than a bona fide employee working solely for the AUDITORS to solicit or secure this Agreement, and that they have not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for AUDITORS any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Page 8 of 11 7.9 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the AUDITORS and the CITY designate the following as the respective places for giving of notice: CITY: Eric M. Soroka, City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Telephone No. (305) 466-8910 Facsimile No. (954) 466-8919 Copy To: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 Telephone No. (954) 763-4242 Facsimile No. (954) 764-7770 AUDITORS: Keefe, McCullough & Co., LLP Certified Public Accountants 6550 N. Federal Highway, Suite 410 Fort Lauderdale, FL 33308 7.10 Bindinq Authoritv. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.11 Headinqs. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.12 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 7.13 Severabilitv. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 9 of 11 7.14 Governino Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury in any litigation between the parties which, in any way, arises out of or concerns this Agreement or the course of dealing between the parties. 7.15 Extent of Aoreement. This Agreement represents the entire and integrated agreement between the CITY and the AUDITORS and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF AVENTURA BY: ERIC M. SOROKA, CITY MANAGER ATTEST: CITY CLERK APPROVED AS TO FORM. OFFICE OF THE CITY ATTORNEY AUDITORS WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of , Certified Public Accountants, and acknowledged they executed the foregoing Agreement as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of Page 10 of 11 IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2010. NOTARY PUBLIC My Commission Expires: Page 11 of 11 Exhibit A CITY OF AVENTURA INDEPENDENT AUDIT SERVICES RFP #10-02-08-2 III. NATURE OF SERVICES REQUIRED A. General The City of Aventura is soliciting the services of qualified firms of Independent Certified Public Accountants to audit the financial statements for the City of Aventura for the fiscal year ending 9-30-2010, and the financial statements of the Aventura City of Excellence Charter School for the fiscal year ending 6-30-2011 , and any required Special Reports such as Grants or other compliance reporting, as well as auditing those financial statements and other Special Reports for the subsequent fiscal year. These audits are to be performed in accordance with the provisions contained in this Request for Proposal. B. Scope of Work to be Performed 1. The City of Aventura desires the independent auditor to express an opinion on the fair presentation of the basic financial statements of the City and the Aventura City of Excellence Charter School chartered by the City and Miami-Dade District School Board, in conformity with generally accepted accounting principles. 2. The City of Aventura also desires the auditorto express an opinion on the fair presentation of its government-wide and fund financial statements and schedules in conformity with generally accepted accounting principles. The auditor is not required to audit the supporting schedules contained in the comprehensive annual financial report. However, the auditor is to provide an "in-relation-to" opinion on the supporting schedules based on the auditing procedures applied during the audit of the government-wide and fund financial statements and schedules. The auditor is not required to audit the introductory section of the report orthe statistical section of the report. 3. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. 4. The auditor is required to audit the schedule of expenditures of Federal and State awards in accordance with the Federal and Florida Single Audit Act respectively. The auditor is not required to audit the Aventura City of Excellence Charter School for the fiscal year ending June 30,2010, as the School will be audited by McGladrey & Pullen, LLP who will furnish their report to the principal Independent Auditor during the engagement. Exhibit A - 1 of 5 CITY OF AVENTURA INDEPENDENT AUDIT SERVICES RFP #10-02-08-2 c. Auditing Standards to be Followed To meet the requirements of this request for proposals, the audit shall be performed in accordance with: 1. Generally Accepted Auditing Standards as set forth by the American Institute of Certified Public Accountants; 2. The standards for financial audits set forth in the U.S. General Accounting Office's Government Auditing Standards (2003 Revision); 3. The provisions of the Federal Single Audit Act of 1984 (as amended in 1996 and subsequently); 4. The Florida Single Audit Act; 5. The provisions of U.S. Office of Management and Budget (OMB) Circular A-133; 6. Audits of States, Local Governments, and Non-Profit Organizations, Audits of State and Local Governments (Revised) - AICPA. 7. Section 11.45, Florida Statutes; 8. State of Florida Department of Banking and Finance Regulations; 9. Rules adopted by the State of Florida Auditor General for form and content of governmental unit audits; 1 O.Any other applicable Federal, State and local laws or regulations; Any updates of, or amendments to, these described auditing standards are to be incorporated in future audits performed by the selected auditor performing auditing engagements for the City of Aventura in future fiscal years. Exhibit A - 2 of 5 CITY OF AVENTURA INDEPENDENT AUDIT SERVICES RFP #10-02-08-2 D. Reports to be Issued Following the completion of the audit of the City of Aventura financial statement for the fiscal year ending September 30th. and subsequently, following the completion of the audit of the Aventura City of Excellence Charter School financial statement for the fiscal year ending June 30th, the auditor shall issue: 1. A Report of Independent Certified Public Accountants on the fair presentation of the financial statements in conformity with accounting principles generally accepted in the United States, pursuant to an audit conducted in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. 2. A Report of Independent Certified Public Accountants on Compliance and on Internal Control over Financial Reporting based on an audit of Financial Statements Performed in Accordance with Government Auditing Standards. 3. A Report of Independent Certified Public Accountants on Compliance and Internal Control over Compliance Applicable to Each Major Federal Awards Program and State Financial Assistance Project. 4. Management Letter in Accordance with the Rules of the Auditor General of the State of Florida. 5. In the required report[s] on compliance and internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. 6. In addition, the following conditions shall be considered reportable: Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the auditors shall be reported in a separate Management Letter, which shall be referred to in the report[s] on compliance and internal controls. 7. The reports on compliance and internal controls shall include all Exhibit A - 3 of 5 CITY OF AVENTURA INDEPENDENT AUDIT SERVICES RFP #10-02-08-2 instances of noncompliance. IrreQularities and iIIeQal acts. The auditors shall be required to make an immediate, written report to the Finance Director and City Manager of all irregularities and illegal acts or indications of illegal acts of which they become aware. ReoortinQ to the Finance Director and the City ManaQer. Auditors shall also disclose the following: a) The auditor's responsibility under generally accepted auditing standards, and assurances that the independent auditor is currently licensed, and that the members of the audit team have the minimum required Continuing Professional Education credits required for performing audits under Governmental Auditing Standards. b) Significant accounting policies. c) Management judgments and accounting estimates. d) Significant audit adjustments. e) Other information in documents containing audited financial statements. f) Disagreements with management. g) Management consultation with other accountants. h) Major issues discussed with management prior to retention. i) Difficulties encountered in performing the audit. E. Special Considerations 1. The City of Aventura will send its Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will be required to provide any special assistance deemed necessary to the City in order to meet the requirements of that program. 2. The City of Aventura currently anticipates that it will not issue any official statements in connection with the sale of debt securities. However, if the City determines it to be in their best interest to issue new debt or Exhibit A - 4 of 5 CITY OF AVENTURA INDEPENDENT AUDIT SERVICES RFP #10-02-08-2 refinance existing debt the official statements may be required which will contain the general purpose financial statements and the auditor's report thereon. The auditor shall be required, if requested by the fiscal advisor and/or the underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters." 3. The City of Aventura owns and operates one (1) charter school that is chartered by Miami-Dade Public Schools. This school is included as Special Revenue Fund of the City, and operates on a fiscal year ended June 30th. The City is required to separately audit the financial statements of the Charter School. 4. The Schedule of Expenditures of Federal Awards and State Financial Assistance Projects and related auditor's report, as well as the reports on compliance and internal controls are to be issued as part of the CAFR. 5. A list of findings and other weaknesses from the City of Aventura most recent financial statement audit are attached to this document (Appendix A). F. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of Aventura of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: City of Aventura Cognizant agency(s) pursuant to OMS Circular A-133 U.S. General Accounting Office (GAO) Auditor General of the State of Florida Parties designated by the federal or state governments or by the City of Aventura as part of an audit quality review process. Auditors of entities of which the City of Aventura is a recipient or a sub-recipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting, reporting or auditing significance. Exhibit A - 5 of 5 ...~~':' ,V..,l \, -, Exhibit B - Engagement Letter' '.:' .I KEEFE, McCULLOUGH & co., LLP CERTIFIED PUBLIC ACCC)UNTANTS JOHN R. B13EI'B, C.PA S'l'BVEN H. WOODS, C.P.A. DAVlD T. WILLIAMS, C.P.A. JOSEPH D. LEO. C.P.A. WILLIAM,G. BENSON. C.P.A. KENNllTH G. SMITH, C.P.A. LOUIS R. PROlETTO, C.P.A. CYNTIlIA L. CALVERT. C.P.A. ISRAEL J. GoMEZ. C;P.A. JAMBS R. LAAAWAY, C.P.A. JOHN B. Mcctn.LOUGH. C.P,A. (RETIRBD) THOMAS T. CAAPBNTBR, C.P.A.(RETIRBD) PAUL B. SNEIDER. C.P.A. (RBTIRED) BRIAN D. PINNELL, C.P.A. (R.BTlRED) 6550 NORTH FEDERAL IllGHWAY S.UITE 410 , FORT LAUDERDALE, FLORIDA 33308 (954) 771-0896 FAX: (954) 938-9353 E-MAIL: kmc@kmccpa.com ROSS s. GOTT!!OFPER. C.P.A. May 5, 2010 Mr. Eric M. Soroka, City Manager City of A ventura, Florida '19200 West Country 'Club Drive A ventura, FL 33180 Mr. Soroka: , We are pleased to. confirm our understanding of the services we are to provide for the year ended September 30, 2010 and 2011 (City of Aventura, Florida) and June 3D, 2011 and 2012 (A ventura City of Excellence- Charter School). Thereafter, this agreement may be renewed for three (3) additional one (1) year periods subject agreement by both parties, and providing that all terms-, conditions and specifications remain the same. We will audit the financial statements of the governmental activities, the' business-type. activities, each major fund, and .the aggregate remaining fund inforrpation, which collectively comprise the basic financial statements, of the City of Aventura, Florida as of and for the year ended September 30, 2010 aAd 2011 and the A ventura City oF~xcel1ence Charter School as of and for theyear'ended June 30, 2011 and 2012. Accounting standards generally accepted in the United States provide, for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany the basic final\cial statements. As part 'of our engagement,' we will apply certain limited procedures to the City of A ventura, Florida and Aventura City of Excellence Charter School's RSL These limited procedures wiH consist principally of inquiries of management regarding the methods of measurement and presentation, which managemeIit is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it.. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but.will not be audited:. 1. Management's Discussion and Analysis. 2. BudgetaryCo~parison Information. 3. Pension Fund and Other Post Employment Benefits (OPEB) Schedules. SupplementarY information other than RSI, also accompanies City of Aventura, Florida and the A ventura City of Excellence Charter School's basic financial statements,. as applicable. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: . 1. Combining and Individual Fund Statements. 2. Schedule of Expenditures of Federal Awards. 3. Schedule of Expenditures of State Financial Assistance. " . City.'ofAventura, Florida -2- May 5, 2010 The following additional information accompanying the basi<; financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Introductory Section. 2. Statistical Section Audit Objeptives , . The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented., in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to'in the first paragraph when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on- . . , Internal control related to the financull statements and compliance with laws, regulations, and th~ provisions of contracts or grant agreements, noncompliance with which could have a material effect on the finan,cia] statements .in accordance With Government Au~iting Standards.. Internal~ontrol related to major programs/projects and an.opinion (or disclaimer of opinion) on compliance with laws', regulati~ns, and the provisions of contracts or grant ,agreements that cOuld have a. -direct ..and material effect on each major program/project in accordance with the Single Audit Act Amendments of 1996, OMB Circular 1\-133, Audits of States, LoCal Governments, and Non-Profit Organizations, and the Floriqa Single Audit Act as contained in the provisions of Chapter 10.650, Rules of the Auditor Gerieral. . . The reports on internai control and compliance will each include a statement that the report is intended solely for the information and use' of management, the body or individuals charged with governance, others within the entity, specific legislative or regulatory bodies, federal and state awarding agencies, and if applfcable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with auditing standards generally accepted in. the United States of America; the ,standards 'forfinancial audits contained in Government Auditing Standards " issued, by the Comptroller General of the United States; the Single Audit Act. Amendments of 1996; the. provisions of OMB Circular A-133~ the Florida Single Audit Act and the provisions of Chapter 10.650, Rules of the Auditor General and will include tests of accounting records, a determination of major programlprojeCi(s) in accordance' with OMB Circular A -133 ilnd the Florida Single Audit Act, and other procedures we conside{ necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully .discussthe reasons with you in advance. If, for any reason, we are unable to complete the . auditor are' unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engllgement. . Management Responsibilities . Management is" responsible for the basic financial statements and all accompanying' information as well as all representations contained . therein. Management is also responsible for preparation of the schedule of expenditures of federal awards and state financial' assistance' in accordance with the requirements ofOMB Circular A-133 and Chapter IO.650, Rules of the Auditor General. As part of the audit, we will assist with preparation of your financial statements, , schedule of expenditu.res of federal awards and state financial assistance, and r~lated notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements ,sch,edule of expenditures of federal awards and state financial _ City ofAventura, Florida -3- May 5,2010 assistance, and related notes and for accepting full responsibility for such .d~cisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and .the schedule of expenditures of federal awards and ~tate financial . assistance and that you :have reviewed and approved the financial statements, schedule of expenditures of federal awards and state financial assistance, and related - notes prior t9 their issuanCe and have accepted- responsibility for them. Further, you are required to designate an indiVidual with suitable skill, knowledge, or experience to oversee any nonauditservices we _ provide .and for ~valuating the adequacy and results - of thos'e services and accepting responsibility for them. - - Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for monitoring ongoing activities, to help ensure that appropriate goals and objectives are met. YoU: are also responsible for the selection and application of accounting principles; for the fair -presentation in the financial statements of the respective' financial' position of the governmental activities, the business-type activities, each major fund, - and the aggregate remaining fund information of the City of A ventura, Florida and the respective changes in financial position and, where applicable, cash flows in conformity with . U.S. generally accepted accounting principles; and for - compliance with applicable laws 'and regulations and the provisions of contracts and grant agreements. _ - Management is also responsible for making all financial records and related information- available to us and _ for ensuring that management and financial information is reliable and properly recorded. Your responsibilities also include identifying significant vendor. relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that informa~ion. Your responsibilities include adjusting the financial statements. to correct material misstatements. and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are .immaterial, both individually and in the aggregate,. to the financial statements taken as a whole. . - -- - . You are responsible for the design and implementation of programs and controls to prevent and det~t fraud, and for informing tis about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees Who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material'effect on the fmimcial statements; Your responsibilities .incl4de inJotming us of your knowledge of any allegations of- fraud Or _ suspected fraud -affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulation~, contracts, agreements, and - grants. Additionally, as required by OMB Circular A-133 and Chapter 10.650, Rules of the Auditor General, it is management's responsibility to follow up arid take correCtive action _ on reported' auditfindmgs and to prepare a summary schedule of prior audit findings and a corrective _ action plan. . Management is responsible for establishing and maintaining a process for tracking the status of audit finding~ and recoIIlffiendations. Management is also responsible for identifying fot us -- previous fmancial audits, attestation engagements, perfonnance audits, or other-studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes . _ relaying- to us corrective actions taken to address significant - firidings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the r~port, and for the timing a~d format for providing that information. . -. .t- . City of A ventura, Florida -4- May 5,2010' Audit Procedures~General . An audit includes examining, on a test-basis, evidence supporting the amounts .and disclosures in the' financial statements; therefore, our audit will involve judgment about the number. of' transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of mateiialmisstatement, whether fi:om (1) errors, (2) fraudulent finan'cial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse 'is subjective, Government Auditing Standards do not expect . auditors to provide reasonable assurance of d~tecting abuse., . . . " Because an audit is designed to provide reasonable" but not absolute assurance and because. we will not perforrtl ,a detailed examination' of. all transactions, there is a risk' that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not. designed to detect immaterial misstatements or violations of laws or governmental regulations that 'do not have ,a direct aDd material effect, on the financial statements" Of major programs/projects. However, we will inform you of any material errors and 'any fraudulent financial reporting or misappropriation of assets that come to our attention.' We will also inform you of any violations',of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our r.esponsibilityas auditors is limited to the period covered by our audit and does not extend to .any later periods for which we are not engaged as auditors. . Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may indude tests of the 'physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, ,funding sour~s" creditors, and. financial institUtions. We will request written representations from your attorneys as part of the engagement, arid they may bill ,you for responding to' this. inquiry. . At ,the conclusion of our audit, we will require certain written' representations from you about the financial $tatements and related matters. Audit Procedures-Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to a,ssess the risks of. material misstatement of the financial statements and to design the nature, timing.. and ,extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and ' detecting errors and fraud that are material to the financial statements and, to preventing' and detecting misstatements resulting from illegal acts and other noncompliance ,m~tters .that have a direct and material effect on the fmancial statements. Our tests, if performed, will be less in scope , than would be necessary to render an opinion on internal control and, accordingly, no opinion 'will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133 and Chapter 10.650, Rules of the Auditor General, we will perform tests of .controls over compliance to evaluate the effectiveness of the :design and operation of controls that we consider relevant to ,preyenting or detecting material noncompliance with - compliance requirements.' applicable to each major federal/state award pr~gram/project. However, our tests will be less in scope than would .be necessary to render an opinion on those controls and. accordingly; no opinion will be expressed in our report on internal control issued pursuant to OMB Circular, A-133 and Chapter 1O~650, Rules of the Auditor General. , City. of Aventura, Florida -5- May 5, 2010. An audit is not designed to provide assurance on internal. control or to identify. significant deficiencies,' However, during the audit" we will.coinmunicate to management and th"osecharged with governance internal control related mattets that are required 'to be co~unicated under AICPA . professional standards, Government Auditing Standards, OMB Circlilar, A-133, and Chapter 10:650, Rules of the Auditor General. Audit Procedures-Compliance As part of obtaining reasonable assurance about whether the financial statements are free of . material misstatement, we will perform tests of compli~ce with applicable laws and~regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide a~ opinion on overall compliance and we will . not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. -- . OMB Circular A-133 and.Chapter 10.650, Rules of the Auditor General, require that we also plan and perform the audit to optain reasonable assurance about whether the auditee has complied with applicable laws and. regulations and _the provision~ of c~ntracts and grant agreements . applicable to major programs/projects. Our procedures will consist of tests' of transactions and other applicable procedures described in theOMB Circular A-133. and Compliance'Supplement . and C\)apter 10,'650, Rules of the Auditor General, for the types of compliance requirements that could have a direct and material effect on each of the City of A ventura, Florida and the A ventura City of Excellence Charter School's major programs/projects, as applicable. rhe .purpose of these procedures. will be. to express an opinion on City of A ventura, Florida and the A ventura City of . Excellence Charter School's compliance with requirements applidible to each of its major prograins/proje,cts in our report on compliance issued pursuant to OMB Circular A-133 and Chapter 10.650, Rules of the Auditor General, as applicable. , ' , Engagemeilt A.dministration, Fees, and Other We understand that your employees will prepare all audit confirmations we request and will ,locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of.the Data Collection Form that summarizes our audit findings. It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, 8ullumiry schedule of prior audit fin~ings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report Jor you to include with the, reporting package you, will submit to pass-through entities. The Data Collection Form and the reporting package must be submitted witbin' the earlier of 30 days after receipt of the a1.l;ditors' reports or nine months after the end of the audit period, unless.a longer period is agreed to' in advance by the cognizant or oversight agency for audits. . The audit documentation for this engagement is the property of Keefe, McCullough & Co., LLP and constitutes confidential information. . However, pursliant to authority given by law or regulation, we mai be requested to make certain audit documentation available to agent or its designee, a federal/state agency providing direct or indirect funding, or the U.S. Govermnental Accountability Office for purposes ofa quality review of , the audit, to resolve audit findings, otto carry out oversight responsibilities. We will ~otify you of any such requesL If requested, access to such audit docu,mentation will be provided under the supervision of Keefe, McCullough & Co." LLP personnel.. Furthermore, upon request, we may provide, copies of selected audit documentation to the afoI:ementioned parties. These parties may intend, or decide, to distribute the copies or informatioD: contained therein to others, including other gove~nmental agencies. . , City of A ventw:a, Florida -6- May 5,2010, The audit documentation for. this engagement will be retained for a minimum of. five years after the, report release or for any additional period requested by you' or a federal/state agency; If we are aware that a federal/state'awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the' party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Our fee for seryices rendered will be based upon the difficulty of your engagement and the time and skill level of our personnel assigned. Work is assigned. according to its complexity, to the appropriate memb.er of our staff. Our fee for this engagement will not exceed $ 55,000 as . follow: City of A ventura; Florida A ventura. City of Excellence Charter School's $ 42,000 $ 13,000 An invoice for the services provided will be presented at the completion 'of the engagement or at the end. of each monthly billing period, whichever occurs first. Payment of our invoice is due when rendered.' The fee for ~ubsequent contract years, City of Av~ntura, Florida (2011, '2012, 2013, 2014) and Aventura City of Excellence Charter. School (2012, 2013, 2014, 2015); will be adjusted from the current. contract. fee using the Consumer Ptjce Index for " All Ur~an Consumers for Miami/Fort Lauderdale, Florida" as published by'the U.S. Department of Labor Statistics or its' successor agency for the twelve (12) months e,nding July of each year to be effective for the next engagement. The Auditors' Agreement dated May 5, 2010, th~ Request for Proposal No. 10-02-08-2, and this' letter collectively constitute the complete and exclusive statement of agreement between Ke"efe., McCullough.& Co., LLP and the City of Aventura, Florida. In case of conflict or a . perceived' conflict between the terms and conditions of these three documents, the Auditors' Agreement dated May 5, 2010 shall govern. Government Auditing Standards require that we provide you with a copy of our-most recent, . external peer review report and any letter of comment, and any subsequent peer. review reports and letters of comment received during the period of the contract. Our 2008 peer review report accompanies this letter. . We appreciate the opportunity to be of service to the City of A ventura, Florida and the Avenfura City .of Excellence Charter School and' believe this letter .accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed <(opy and return it to us." CULLOUGH &CO, LLP City of A ventura, Florida RESPONSE: . -7- May 5,-2010 This letter correctly sets forth the understanding of City of A ventura, Florida, and A venmra City of Excellence Charter School. By: TItle: Date: CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Ci TO: City Commission BY: Robert M. Sherman, Direct DATE: April 14, 2010 SUBJECT: Bid No. 10-03-29-2 Electrical Maintenance Services May 4th, 2010 City Commission Meeting Agenda Item ~ e, Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 10-03-29-2 Electrical Maintenance Services to the lowest responsible and responsive bidders, Universal Electric, Inc. and Florida Electric Contracting Service, Inc. at the unit prices as contained in Exhibit "A" and in accordance with the City Engineer's attached recommendation. Background In accordance with the City's Purchasing Ordinance, bids for this maintenance contract were solicited, advertised and opened on March 29, 2010. The bid was advertised in local newspapers and via the internet on DEMANDSTAR. Eight qualified bids were received from the following firms: Universal Electric, Inc. Florida Electric Contracting Service, Inc. A-1 Construction, Inc. G & R Electric, Inc. Enterprise Electrical Contracting, Inc. P& G Power, Inc. Horsepower Electric, Inc. Davco Electro Electric, Inc. The bid document requested hourly rates for licensed electricians, electrician's helpers, and equipment, and for "Project Rates" that were defined as hourly rates (including labor and equipment) for the routine repair of street lights, bollards and ground lighting. City Commission April 14, 2010 Page Two Universal Electric, Inc. was the lowest qualified bidder for labor rates and project rates. Their project rate for repairing streetlights ($87.50 per hour) and bollards ($57.50 per hour) represents a significant savings over our present rate ($155 per hour). Florida Electric Contracting Service, Inc. was the lowest qualified bidder for equipment rates. In the event we would require a bucket truck, crane or scissor truck, their hourly rates including labor was the lowest bid submitted. Both recommended bidders will be required to post the appropriate insurance that is acceptable to the City; and all work will be subject to the review and inspection of the City Electrical Inspector. This contract is for a one year period, with a one year extension, at the City's sole discretion. Please feel free to contact me if you have any questions. RMS/gf Attachments RMS10015 RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-03-29-2, ELECTRICAL MAINTENANCE SERVICES TO UNIVERSAL ELECTRIC OF FLORIDA INC. AND FLORIDA ELECTRIC CONTRACTING SERVICE, INC. AT THE IDIVIDUAL BID PRICES CONTAINED IN EXHIBIT "A" ATTACHED; 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. 10-03-29-2, ELECTRICAL MAINTENANCE SERVICES; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the projecUwork as cited above; and WHEREAS, staff has determined that Universal Electric of Florida, Inc. and Florida Electric Contracting Services, Inc. have submitted the lowest responsible and responsive bids for said projecUwork; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 10-03-29-2, ELECTRICAL MAINTENANCE SERVICES is hereby awarded to Universal Electric of Florida, Inc. and Florida Electric Contracting Service, Inc. at the individual bid prices contained in Exhibit "A" attached. Section 2: The City Manager is hereby authorized to execute, on behalf of the Resolution No.2010-_ Page 2 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 and said parties shall execute said prepared contracts on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the General Fund Line Item Nos. 001-5001-539-4301, 001-5001-539-4311, and 001-5001- 539-4640. 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Mayor Susan Gottlieb Resolution NO.2010- Page 3 PASSED AND ADOPTED this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ... <-- \~ s- S. ...9- \~ ~ i9. ~.~ t.~ ~~ ...1 ~... ii~ 9..\ .c::.~ ~o ...- "''g. \ 3 ~ a "'3~~(i) ;!. _0 %- Iii 0 a1%,a'i p.o i~ 5"t. '% gg. '&~ g'" ~% "'<il g,i ~~ ~~ ".;g. 0> CD ?g 1ll,z a~ i<il ~... i\ ~t. t.~ i~ i' '9.. s- ... , CD o , 5" co 0. ~ .. a <=,"0 l ~ \ ? ... Cil NO ~ ~ NO CD 9' '" ... iN> ... ... ,., .... o ~ ;. .. ... .,. <D ~ :.... '" .,. -'" ~ :.. ... " 3 Sl.;:;C ,:.; ;~ca a ~~g,,~ '" 0. 5~ .- . Ii'" CD .... U. 0 l"" ... Co> ... N 01 ~ ... '" Co> ... 0 ~ ... '" 9' 0 ... ~ -'" ~ '" 0 \fit ~ '" io.) '" .,. -'" ~ g ~ -'" -'" '" g W> -'" .... '" g [.,. ~ '" g .,. ':i -'" $ .,. ... !i .... ... [.,. .... 'd\ g .,. -'" '" '" g .,. c; 9-- ~ ri - xic:: oa::l ~l;'i ...-- !!.. m S ~ () .,. -'" ~ g .,. ........ IN> .... .... ;. J'; "" ~ ,., :.... ........ .... .... ... ... ... ...... ifoIt ........ ifoIt .... ... Co> ... 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'" '" 0'" g g g g'6 .,..,. .,. <I> <I> ....-'" -'" -'" (1J -'" ... ~~ '" 0 '" g 0 g gg 0 .,.<1> .,. .,. ~ -'"-'" ~ a> 01>-'" '" ~ 9'9 -g g 00 00 .,.<1> .,. .,. ~ ~ ..,-'" ~ ~ ....'" ~ ....'" g ~ \ gg .,. !i '" o o ~ '" 'oS g ~~ 00'" ~sgo ...~o ." i S !. .,. 't -'" $ ~ .... :.. .., l<I' -'" '" '" g .,. -'" '" '" g .,. u> '" o o <I> ~ o o -'" $ g <I> 'g '6 s s s s -------------. ...------ --------- ----------- ~i oQ~ c:: ~o a !. a ... r-g O \.. -I 01_0 \!l: ~ \1l 11\ ~ ~ a a 0 olP~q :p'o;c ~*~; .....%.11 ~Qi;\t ~ ~'%.~ ~~~: ~~~~ ~ ~ ~ ~ . ('; ~ ~ ." ~ ~~ 000 c:: s~ a ~~ ~ Cl. ~ ~ i> ~, OIClO !i~. "~c.- 11\ ii <> s % \ MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: April 13, 2010 To: Robert Sherman, CPRP, City of Aventura - Director, Community Services Department Copy: Alan Levine, City of A ventura, Public Works Operations Manager From: Kevin Hart, P.E., Consulting Engineer Reference: City of A ventura Electrical Maintenance Services Bid Package Review - Bid Number 10-03-29-2 At your request, we have reviewed the bid results for the above referenced project. Based on our review of the bids, we are recommending that electrical maintenance contracts be awarded to the following Bidders/Contractors: . Universal Electric of Florida, Inc. . Florida Electric Contracting Service, Inc. A copy of the bid tabulation is attached for your information showing all of the individual unit prices. Universal Electric of Florida, Inc. (Universal Electric) and Florida Electric Contracting Service, Inc. (Florida Electric) have provided the lowest combined unit pricing for labor and equipment rates and they have provided the lowest unit pricing for the project services requested by the City. I have contacted several references for both Universal Electric and Florida Electric. Both companies are currently performing electrical maintenance work for governmental agencies and are experienced in providing the services requested by the City. The references indicated that they were very pleased with the work provided by Universal Electric and Florida Electric and would recommend them for future work. If you have any questions or require any additional information, please call. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission DATE: April 6, 2010 FROM: Eric M. Soroka, ICMA-CM, Cit SUBJECT: Renewal of FOOT Landscape Maintenance Contract for Biscayne Boulevard May 4, 2010 City Commission Meeting Agenda Item (p b RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing the renewal of the attached Contract with the Florida Department of Transportation (FOOT) for landscape maintenance along Biscayne Boulevard from the Oleta River Bridge to the County line. FOOT will reimburse the City in the amount of $8,677.32 per year. EMS/act Attachment CC01687 -10 Florida Department of Transportation CHARLIE CRIST GOVERNOR 1000 NW 111 Avenue Miami, Florida 33172 STEPHANIE C. KOPELOllSOS SECRETARY March 31st, 2009 Mr. Eric M. Soroka City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RE: Landscape Maintenance Joint Project Agreement Contract No.: AP 580 Financial No.: 40733417801 Subject RENEWAL# 2 Dear Mr. Conner: The Agreement referenced above will expire on June 30th, 2010. The Department wishes to renew this agreement for a period of one year starting on July 1st, 2010 and ending on June 30th, 2011. If the City agrees on this renewal, enclosed are 2 (2) new contract renewal documents to execute. Please leave the date blank on the firstjage and return the executed documents back to the Department before May 15 ,2010. Should you have any questions concerning this agreement, please contact me at telephone number (305) 470-5426 Sincerely, ~~ r-~ Shany lanotti Project Manager cc: Guy Gladson, Khaled AI-Said, file. RECEIVED APR 05 2010 OFFICE OF THE CTTY MANAGER RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI- DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Contract Renewal by and between the City of Aventura and the Florida Department of Transportation to provide landscape maintenance services on the Florida Department of Transportation Right-of-way on Biscayne Boulevard from the Oleta River bridge north to the Miami-Dade/Broward County line. 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 lev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution NO.2010- Page 2 PASSED AND ADOPTED this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONTRACT RENEWAL 375-020-23 CONTRACTS ADMINISTRATION OGC - 04106 Contract No.: AP 580 Financial Project No(s).: 40733417801 County(ies): MIAMI-DADE Renewal: (1st, 2nd, etc.) 2nd This Agreement made and entered into this day of " by and between the State of - (This dale to De enteI80 tI/ UUI 0IIlV.1 Florida Department of Transportation, hereinafter called "Departmenf', and CITY OF AVENTURA hereinafter called "Contractor". WITNESSETH: WHEREAS the Department and the Contractor heretofore on this 26th day of June 2008 , (This dale to be enteRId by DOT only) entered into an Agreement whereby the Department retained the Contractor to perform Maintenance of all landscape and/or turfed areas within the Departmenfs right-of-way having the limits described by Attachement "A" of the oriainal Contract ; and WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same tenns and conditions of the original Agreement; NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree to a renewal of said original Agreement for a period beginning the 1 st day of July , 2010 and ending the 30th day of June , 2011 at a cost of $ 8,Sn.32 All tenns and conditions of said original Agreement shall remain in force and effect for this renewal. IN VV1TNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year set forth above. CITY OF AVENTURA Name of Contractor eiW..JI/. St>-IJ("./ :Ie"'''-CIIf.,. C.'7 IHIlHAje- Contractor Name and Title STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: District Secretary or Designee (Signature) BY: Title: Authorized Signature Name of Surety (SEAL) Legal: City State Fiscal: By: Approval as to Availability of Funds Florida Licensed Insurance Agent or Date Attorney-In-Fact (Signature) Countersigned: Florida Licensed Insurance Agent Date CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission DATE: April 6, 2010 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the Village of Indian Creek Public Safety Department May 4, 2010 City Commission Meeting Agenda Item b f RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Village of Indian Creek Public Safety Department. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/act Attachment CC01686-10 RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and Indian Creek Village for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption and shall serve to ratify and confirm the earlier letter of extension. 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolutron No. 2010-_ Page 2 PASSED AND ADOPTED this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY MUTUAL AID AGREEMENT Between the Village of Indian Creek Public Safety Department And the City of A ventura Police Department WHEREAS, it is the responsibility of the governments ofthe Village ofIndian Creek, Florida and the City of A ventura, Florida to ensure the public safety of their citizens by Providing adequate levels of police services to address any foreseeable routine or Emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people ofthe participating Miami-Dade County municipalities; and WHEREAS, the participating Miami-Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement. NOW, THEREFORE, BE IT KNOWN, that the Village ofIndian Creek, subdivision of the State of Florida, and the City of A ventura, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since the Mutual Aid Agreement provides for the requesting rendering of assistance for both routine and law enforcement intensive situation this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes. 3. Defmitions: A. Joint Declaration: A document which enumerates the various conditions of Situation where aid may be requested or rendered pursuant to this agreement, as concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declaration with the clerks of the respective political subdivisions. B. Agency or participating law enforcement agency. Either the Village of Indian Creek Public Safety Department or the City of A ventura Police Department. C. Agency Head: Either the Chief of the Village of Indian Creek Public Safety Department, or the Chiefs designees, and the Chief of Police of the City of Aventura Police Department or the Chiefs designees. D. Participating municipal police department: The police department of any municipality in Miami-Dade County, Florida that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statues. 4. Operations: A. In the event that a party to this agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative ofthe police department requiring assistance shall notify the agency from whom such assistan~e is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and has available resources, and will respond in a manner deemed appropriate. B. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. C. the agency heads ofthe participating law enforcement agencies, or the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisor control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with the Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. B. The political subdivisi09n having financial responsibility for the law enforcement agency providing the services, personnel, equipment or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. C. The Political subdivision having [mancial responsibility for the law enforcement agency providing aid pursuant to the Agreement shall compensate all of it's employees rendering aid pursuant to this Agreement, during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid for due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. D. All exemption from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having [mancial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and it's political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23 Florida Statutes. 9. Effective Date aDd Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2015, under no circumstances may the Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the Chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this _ day of 2010. Manager ATTEST: ATTEST: rilane Lima, Village Clerk Indian Creek Village, Florida Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM & LEGAL SUFFICIENCY Attorney - c c <= JOINT DECLARATION OF THE CHIEF OF INDIAN CREEK VILLAGE PUBLIC SAFETY DEPARTMENT AND THE CHIEF OF POLICE OF THE CITY OF A VENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: Participating in law enforcement activities that are pre-planned and Approved by each respective agency head, or Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of A ventura, Florida and Indian Creek Village, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented form time to time, as needs dictate by subsequent declarations. 1. Joint multi-jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures, including, but not limiting to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbance within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, backups to emergency and in-progress calls, pursuits, coordinated off-duty work, and missing person's calls. 9. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners. Traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby call or transmissions indicating an officer is injured calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. 10. Enemy attack. 11. Transportation of evidence requiring security. 12. Major events; e.g. sporting events, concerts, parades, fairs, festivals, and conventions. 13. Security and escort duties for dignitaries. 14. Emergency situations in which one agency cannot perform its functional objective. 15. Incidents requiring utilization of specialized units; e.g. underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation and police information. 16. Joint training in areas of mutual need. 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area compromising the jurisdictional waters within respective municipal boundaries. Date: Od\. -)... ({ -,-;"o/(j Date: (~2Lu6. P '12fcuiff.~ Clarke P. Maher Chief of Public Safety Indian Creek Village Public Safety Department, Indian Creek, Fl. ~t--~/ r ~ ./'~einberg Chief of Police City of A ventura, Fl. < = A TIEST: ~rn'n~O ~- Village Clerk Indian Creek Village, Florida A TIEST: City Clerk City of A ventura, FI. JOINT DECLARATION AMENDMENT UNDER INDIAN CREEK VILLAGE PUBLIC SAFETY DEPARTMENT/ CITY OF A VENTURA POLICE DEPARTMENT MUTUAL AID AGREEMENT This agreement amends the Joint Declaration under the Mutual Aid Agreement of February 5,2005, to include and permit concurrent marine patrol related jurisdiction between agencies on the waters, waterways, canals, channels, rivers, lakes, stream.s, and any and all other bodies of waters, including the Intracoastal waterway (ICW) that fall within either jurisdiction at this or any future time during the term of this Mutual Aid Agreement. It will be agreed between both Chiefs of Police of Indian Creek Village and the City of A ventura Department to the following conditions of concurrent marine patrol related jurisdiction: 1. Both agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and to take enforcement actions as deemed appropriate under city, state and federal law, rules, and regulations, and to write boating law violation citations, make arrests, and to attend court on behalf of the other agency. 2. Both agencies agree that any and all incidents, which require an initial (preliminary) police offense incident report (OIR), will be completed by the agency making the initial contact. Any follow-up investigations that are required are to be completed by the jurisdiction the incident occurred regardless of which agency completed the original offense incident report. 3. If an arrest is made by the one agency that is operating in the jurisdictional waters of the other agency, and that arrest results in asset forfeiture proceedings, both agencies agree to a 50-50 share of the fmal asset distribution following the payment of all expenses relating to the prosecution of the civil case. The jurisdiction of civil forfeiture action shall be filed by the se]zmg agency. 4. Both agencies have the right to set their own days and hours for marine patrol and agree to provide assistance and aid to the other agency under the spirit of the Mutual Aid Agreement. This amendment shall become effective upon the signing of both Chiefs of Police and shall remain in effect until either the current Mutual Aid Agreement and Joint Declaration expires or either agency gives written notice to the other agency to rescind this Amendment. I accept the terms and conditions of the aforementioned Amendment to the current Mutual Aid Agreement and Joint Declaration between the City of A ventura Police Department and the Indian Creek Village Public Safety Department. Date: ",.. '1 V ...., ,.'C C'}.,,- .7\ ~ -' _>,Vi c er, Village Manager ge, Florida /+/;~ /1 )1f{J;:c" Clarke P. Maher, Chief of Public Safety Indian Creek Village, Florida Date: City Manager City of A ventura, Florida ve Steinberg, Chief of Police City of A ventura, Florida ~ = CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City nds TO: City Commission DATE: April 6, 2010 SUBJECT: Disbursement of Police Forfeitu May 4, 2010 City Commission Meeting Agenda Item H- RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $85,850 for a Firearms Training Lab Computer System, Recon Scout Robot, camera concealment device, vehicle tracking device and CelleBrite Forensic device from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/act Attachment CC01688-10 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM FROM: DATE: ~ka. City Manager ~ t e teinberg, Chi~f P'"olice TO: 19 April 2010 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Total Expenditure Request: $52,000 $17,650 $6,000 $2,100 $8.100 $85,850 Firearms Training Lab computer System Recon Scout robot Camera Concealment Devices Vehicle Tracking Device CelleBrite Forensic device I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Firearms Training Lab - Computerized firearms training device that is used to train officers without having to go to a range, use ammunition or leave the city for the training. With this system officers view video scenarios and "interacf with the video making decisions to "shoot/don't shoot" or practice their tactics and coordination of tactics with additional officers. All pricing for this equipment is GSA pricing. Recon Scout robot - This device is a remotely operated device that has cameras and audio devices that can be used in tactical situations. With this device it is not necessary to send an officer into a hazardous situation to make an assessment. The equipment with this device records the audio and video and preserves it so that it is available for court or other law enforcement use. Pricing is GSA pricing and includes additional 3 years warranty service beyond the year supplied with the initial purchase. Camera Conceaiment Devices - Hand built wireless cameras and housings to be used in various locations of the city to observe possible crime in progress or crime 10caltions. Vehicle Tracking device = A remote device that can be mounted on a vehicle and track the vehicle's location as it moves via the Internet. Celie Brite Forensic device - A device that will allow a trained operator the ability to retrieve data from cell phones from criminals and/or criminal activity either via a warrant or exigent circumstances CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C' DATE: April 27, 2010 SUBJECT: Resolution Declaring Equipment Surplus May 4, 2010 Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment CC01690-10 CITY OF A VENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Steven Steinberg, Chief of Police DATE: 26 April 2010 SUBJECT: Surplus Property I would like to have the below listed city property declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items have become inadequate for public purposes: 2005 2FAFP71VV35X132556 209429 Ford CN 2005 2FAFP71VV85X132553 128207 Ford CN 2005 2FAFP71VV75X132558 124837 Ford CN 2005 2FAFP71VV65X132552 128215 Ford CN 2005 2FAFP71VV15X132555 124833 Ford CN RESOLUTION NO. 2010-10 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 Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, 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 _, who moved its adoption. The motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010- Page 2 PASSED AND ADOPTED this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Ci TO: City Commission DATE: April 8,2010 SUBJECT: Recommendation to Award School Uniforms RFP #10-02-16-2 May 4,2010 City Commission Meeting Agenda Item U RECOMMENDATION It is recommended that the City Commission award the School Uniforms RFP #10-02- 16-2 to In Unison Uniform Company. BACKGROUND In the past, the City has utilized bids awarded by the Pembroke Pines Charter Schools or the Broward County School Board to obtain vendors to provide school uniforms for the Aventura City of Excellence School. Based on the growth of the school and changes to bid requirements associated with the other governmental entities utilized to obtain vendors, we decided it would be in our best interests to issue an RFP that was tailored to the needs of the school. The RFP was opened on February 16, 2010. The following companies responded to the RFP:" Ibiley School Uniforms, Inc. Madimli USA, Inc. In Unison Uniform Company The proposals were reviewed by a Committee consisting of the Principal, Vice Principal, Business Manager and City Manager. All the firms were interviewed and provided samples of the uniforms they outlined in the RFP. Memo to City Commission April 8, 2010 Page 2 The firms were evaluated based on the following: Price Quality Service Reliability & Reputation of the Proposer After the interviews were concluded and based on the evaluation criteria, the Committee ranked the companies as follows and recommended the company ranked number one be awarded the contract for the initial two year period: 1. In Unison Uniform Company 2. Madimli USA, Inc 3. Ibiley School Uniforms, Inc. In Unison Uniform Company has provided uniforms at the school since 2005. Their RFP response was recommended based on the best quality products at the lowest cost to the parents. If you have any questions, please feel free to contact me. EMS/act CC01689-10 ,- SCHOOL UNIFORMS FOR A VENTURA CITY OF EXCELLENCE SCHOOL ..- RFP # 10-02-16-2 Office of the City Manager City Of Aventura 19200 West Country Club Drive Aventura, FL 33180 r-- .- In Unison School Apparel .-.. SCHOOL UNIFORMS FOR AVENTURA CITY OF EXCELLENCE SCHOOL RFP # 10-02-16-2 10060 West McNab Road Tamarac, Florida 33321 Phone: 954.718.7030 Fax: 954.718.7060 contact@inunisonkids.com Shop Online: WWW.INUNISONKIDS.COM ,,- 2 -- Why Choose In Unison? Our Reputation Speaks For Itself! . In Unison is large enough to handle over 35 Uniform Programs, yet small enough to provide intimate customer service. . We work with schools from Port St. Lucie to Miami... and even four in Delaware, making us the most versatile vendor in South Florida. . Included you'll find references - giving you the truest facts on In Unison's credibility, integrity, and professionalism. In Unison Gives You Choices! . With over 12 years in business, In Unison has the capability to source the widest range of high-quality, low-cost merchandise. . In Unison offers hundreds of varieties of sizes, colors, and styles. In Unison Maintains Inventory All Year Round! · We have twelve years of computerized inventory tracking statistics allowing us to place accurate orders, ensuring that your families will have the items they need just before school starts and throughout the year. . In Unison has the financial capability to order & embroider month's in advance, always providing on-time and on-hand quality merchandise. -- Our L.E. Line Saves You Money! . Along with our current stock of brand name items, In Unison is excited about our Lower-Priced Edition line with prices starting as low as $6.99. Great Value with Great Savings! All Merchandise Carries A 1000/0 Lifetime Guarantee! . In Unison uniforms are 100% Lifetime Guaranteed featuring easy-care fabrics, "no- iron" pleats, double knee reinforcements, and a variety of contemporary styles. . Embroidery with the highest quality standard of thread and stitching. The Customer Is Always Ri&hll . In Unison is proud to be the only uniform vendor that offers the "Complete Package": On-Site Sales, On-Line Sales, and Discount Specialty Shirts. . AllIn Unison Staff undergoes a two-week training program enforcing our "customer is always right" philosophy. . Our donation programs benefit many students, clubs, and organizations. We Are The Complete Packalm1 . 4,800 sq. ft. space, 6 registers, 6 dressing rooms, 30+ experienced seasonal staff, in- house embroidery and flexible, 6-day a week store hours. ,,-.. 3 ,,-... .- ,- Scope of Services Provided 3.3.1 In Unison School Apparel agrees to give the opportunity to every student to purchase school uniforms in colors to be determined by the school principal. 3.3.2 In Unison School Apparel offers an unparalleled level of service by limiting the number of school accounts it will commit to for each school year. By doing this, the company will ensure that each account will receive personal attention from the proprietors. This pledge is a cornerstone of the company's philosophy. Its aim is to bring convenience and reliability to the use of uniform dress-wear, so that it might be perpetuated throughout Charter and public schools. To cause the least amount of disruption on campus, uniform on-site sales can be conducted on campus at any time upon request of the school. Available hours may include holidays, weekends, planning days, evenings, or pre-school hours. Sales may also be set to correspond with special school functions such as student orientation, open house, academic fairs, student performances, fund raisers, and athletic events. The on-site uniform sales allow In Unison to conduct their business within the corporate limits of the City, which is stated as a "10 % preference" for the purpose of this RFP bid process. We are the only company known who brings the actual embroidered merchandise and assortment of bottoms to sell at the school, as most companies take orders and deliver on another day. All uniform literature and bulletins are created by In Unison so as not to disturb clerical staff members. The company will also gladly provide copy paper upon schools request so as not to tax school resources. Orders may be placed on our website, by phone, fax, or e- mail for delivery to a home or office for a nominal fee or delivered free to campus during a school-arranged pick-up engagement. In addition, our walk-in store location makes it easy for parents to purchase uniforms at their convenience throughout the school year. 4 3.3.3 ,,-.. In Unison will sell only first quality garments to the students of the respective school and will not allow uniforms sold to be irregulars or seconds. 3.3.4 SAMPLE FLYERS 'lib" il" , '''''' 1"""" ~'Oi do know. PddIa...,...,LRIDmls_IIlMd """'1tn..oI............- s......''''~_gnMIh ~..:.::::.=.~_lD_ 1lI. .. .. 'J 'I' J in uhls@n SCHOOL APPAREL ",'''' -. ,....... No~...."".__Nofdolsl..Mo_.. l'l..(J!j:lll'l.ll"~~ ~~~E~~ ~lIIllh.)'O"1II'liIDml1lMdl1 Tarnarsc Store 10060 West McNab Road Tams,ac, FL33321 Phone: 954.718.7030 Fax: 954-718-7060 ~"'i"~I(j;'1 0nIIM_.'-' " s~Wi;~::;_ ..." 11",,,,,<0,' ~""_DUr___ _,W......_lIl1n1bO "",I AcII_'f'I'I'""""'" 1QICllmI"Il_dIhIll StoreHgurs Monaay Tuesdily. wednesaay Thursday Fmlay s.....y 10.00 - 5:00 10:00-7:00 10:00.5:00 10:00 . 5"00 10'(10.5:00 10:00.5:00 ., d.' "~ ,',li' :;,,," L'.;.:.,,' .. ,- \\idIlJI][~t'l\ Avt'!lrura Chant! \rudmlll We are a -dIt<<y IIIflllllsaOol! - ( 2010 . 2011 ) ~ ~\ I~" In Unison Uniform Company is comtng to your schooll UIXOI"'Tling On-Ste Sales : TUI5dcry, July21. 2:00-7:30 w~, July23, 2:00-7:30 .. EARlY TO AVOID THE C.WOS I Plrthase )OUr uniforms before July 11 th to avoid the last minute shoppers! PI.. store will be extra busy this vear. shop on.site to avoid the lines! ,,--. Quality _ low Prices _ lifetime Guarantee . . . III in uhls@n 5CH:xJl ,i'PP"Rc~ 10060 West....cNab Road. Tarnarac. FL 33321 Phone: 954.718.7030 Fax: 954.718.7060 www.inunisonkids.com Save Time. Shop Online! ~rttu. Introduce Ou....Iv..... itU,~~J.P ICaoIwtu.-.__'...._.-.M.th...................~._. f ~ !u.. _'l~t,e"" HfI'" _...t......... _ ..QUALITY: w..,.In lkO.an5c:hoo1.......'/0'6 sclloolun/foml~n1 w..,.lIOeI(el1RlOrtM'4'=o....n;.,.... ~'-W'lll""'lotlhenew We....lftCllhlrdli"llhl"_d~1 wlltIllUn1_andl<lleMrlOflowllMr ..WIIII. WI lo...-'*IllbI,*6Khy..1O ....Idllhl_...... WllChoUl........_dlids.beI'or.you'tLrn _.~..'*lI'1lcNlot,nQ, \IIhtOl'III...,oI"oI.........d__.nd. IM>I>lIedUschooll'Hr AlOlIfbest, e.-'~'1Kt/4M com: IN IlID SUE 011 YOlJI nasTYISI!! , , 20% OFf I LimU I Per Family , OflerVaLid.AJlrL\']Wl.30.20Ia , .....__........"IU:I. """"'O.__....O~\.lOII:OaJl_ \... .1lO.T u..... ")'-01 P-o,.,.''-'./:...._'" "",..,t.~, ."""'Oll<, '......XXII.XL ~_.c:". ~""""Ilt<..,'n,."~"....... ......tlUiXXII.XL Tu.DITIO","",'I<OItTll '_,"....,."'_._.....c,"~ -- ::.~.~Ithlon .~ ......C,,",WO IWII.l.T1lIlIlT1l ..".,-;:,,,"'-""""".,""".... ..........XllS.1CL DIOK..".oIoTal'"01lT1l r,.:_...""'"'.o:1'''~'''''O.''''' ~........t........lIob" '-1'...-......... 11I.'40 ~".\,\""""",,,,,,,,,,. "'NI" ~.. """,~~ Wl......~.....Il.l,nI JAIl.....,. b."""'h.""p"""'......"'f....... .... .......IItIftXliS.XL Dtc:K....I.....ftDU..." ",....,.,.,""._"..,..."'''.:Ol <t"." ........._.......... _twr...nra-.. ltIeU.J(I ~~'...;v,_"""'"''' ",",I.e, '''''1'''~H 1........ON...',.;OfITI ",..",..W",,,~_,,, -....-........- ~.I. "<0'" '''''.,:..,''.tro>'.......MI;~ ~., lOll.........._.... llDlI"rOH'""'ITllIII...llldl....U .:..-r,,~..~.e".... 1" t.,...;... r'....,. '"""":'>1;.,,. ..... _r.." '-'dl>"" ~:''''~ l'1~: ,.......J ['..1m.. Co.... ;~~g~4E~;~~t~=~.!f.=~ IlWI_ lfi',"",~1"0IlT .~",..."'."'..~....~I>U......".;r1.,.. -....- .,I..I.IATU'"on :,.""l"..........lh.l.,.'..,.,.,.....~.. W_'~~.~I._ ....,,~ ..._..~-- 1..','I.UTU.N/T ~ '''~'" ....-o,o.,<,tI. ~".,.., '" "" W",I"I'4'-..I~....Wdt11 ,.......-- JlOId......_.._......br.I...""'...II.r 1~IO. llt!:'ljME OUAR./loNIU (It< A~I ~JtOO\.lrT& NO H,l:i.fo-l'ifl RE'T!lJl",.II. t:J t kANta POLICY ~ ~. 4 Don't Forget! IN UNISON UNIFORM COMPANY is coming to Aventura Charter Saturday, November 21, 2009 11:00 am to 2:00 pm Sale will be In the Middle School cafetel'ia. The following items will be available for purchasing: Light Blue. Khaki. Navy, White and Rugby Polos Gym Apparel Sweatshirts. Jackets and Zip Hoodies Limited Bottoms will be offel'ed ".Volunteers are always welcome! Please call 954.718.7030 to set up your WJI.mteer hours1!.~ ..., 3.3.5 In Unison brings its service to schools with knowledgeable counseling to help garner support and assist in smooth implementation of uniform programs in accordance with their policy. --- The company also brings service to schools by providing portable, on-site, private dressing areas so that the students may try on quality sample garments before purchasing. Flexible on-site sale hours may include evenings and weekends and will coordinate with special school functions. The company offers a complimentary fitting service, assuring proper measurement. ,,-. In Unison also offers an outstanding website featuring online shopping and a choice of delivery methods with packages shipped to the home or work place at a nominal charge. We also work closely with parent groups to help them organize an "experienced" wardrobe collection closet, offering coordinates for sale, exchange, or contribution. I>OmlI (bofIIO.... I .......WoOClIOll., jltCQNllIfIl <<'mla"" Srt_HilVlg.tlon Y DCJ Wh,)~; "l\' Si!e~ (NN~.:.oUt"U' SIZE::h\\f1 yo~' let-eel "Ayltfltln ChillUor EIemflItary Schoor - ~"'.~I.,ra, FL CI\OOM;f ".' ~er:~e!" Shopping Helofullnfc' . Boys . Our Guarantee About Us . Girls . FAQ On-Site Sales . Accessories . Store Hours We Recommend . Sale . Contact Us Our Partners ~~ SEtRCH ~ I ;00; Ic- ; I~i.v "CO ..,.j ',,_j ;>'~:. 1\'. ~:~~t' llilH"iI' In Unison carries a full line of staff shirts to maintain a high uniform spirit within the school. In Unison offers special deals in order to portray a "team" atmosphere for the school. The company works with the school counselor and community liaison to assist children with special needs, such as financial hardship or physical disabilities. 3.3.6 Ifa student pays for his/ her school uniform and prior to receipt of it does not attend the respective school, In Unison School Apparel will gladly refund their money. This is an unconditional "money back guarantee". - 6 3.3.7 The owners of In Unison School Apparel are local and take pride in personally managing all aspects oftheir accounts with individual schools. In Unison also has a solid local management staff directing areas such as inventory, shipping, on-site uniform sales, and customer service. ,.-.. 3.3.8 VALUE PACKS: The company offers a variety of family "value packs," designed to offer bundled merchandise at discounted prices. In Unison can either take a percentage off by buying these bundles or give back a free item to the customer. ONGOING SALES: "'lW5on~,._. I'n!seasonSalefor.._._ -'-'1 -..... CIty Ii Elcce/_ School UnIform ~.at A.vtntura q Thurs~.June 1811I from 3' tv Of Excellence OonTItj.Po.....gro,""" .00 pm to 6:00 pm ~:;~.:=.::r~~::~-.oon___. S75~~" I ~~ _or..,., "";~~.o: ,~~~_~aoo ~~~ ~~"~J ~--.~ Sl~~.:~.... """-,,,,i'N" "..\l'IIv'" I .~-. "'.'~~~Slftl)fl .......... ",...J~~"",,, C...-.;;;;-____~~IS bp;~JII~ IS"'. 20091 -5~';;~.~"""'.~~__. '~__J kUCI"'I1 .........---...::r.:.r:.::::..._......__ lolMloOllS<llool;:':' -..-- I~~~~~~ Sales (percentage off prices) on various merchandise is offered at on-site sales during our school visits. In Unison will discount our regular prices and give the parents a chance to purchase their uniform items on sale. .- BULK ORDER SAVINGS: In Unison also provides discounted merchandise to all bulk orders turned in by the representatives at the respective school. FUND RAISING PROJECTS: In Unison will help you raise money...$$$... In Unison implements many fundraising programs through the PT AI PTO committees depending on the specific needs of the school. LOWER PRICED UNIFORM LINE: In Unison now carries a Lower Priced Edition Line designed specifically to offer LOW prices to the parents and students. We know that many parents are price conscious and so it was our main objective to find quality merchandise, contemporary styles, with prices as low, if not LOWER, than most uniform vendors we have seen. In Unison will still carry our brand l_~ 7 ..- name Dickies items because Dickies is notorious for their durability and high style. We wanted to give the parents choices and so we are offering both lines which of course all In Unison items will carry our 100% lifetime guarantee! EMAIL PROMOTIONS: SUVe Gas! SUVe Mane~ S'lVe Time! SHOP ONLINE! .. ,. In Unison emails coupon codes and percentage off flyers to all their current customers. From free shipping promotions to 60% off item sales, we truly know what it takes to "WOW" our customers. 3.3.9 In Unison will grant the title to all artwork and designs to the affected school. 3.3.10 In Unison is a local company and will have a local service representative to handle and manage all aspects of the account. ~ 3.3.11 In Unison will take orders and collect payments directly from the students and parents. 3.3.12 In Unison will gladly sponsor a fashion show, presentation, or display at any time requested by the school principal. ,- 8 "... 3.9.2 LETTER OF TRANSMITTAL February 8, 2010 .... .' ;Iulsl SCHOOL APPAREL Office Of The City Manager City Of Aventura 19200 West Country Club Drive Aventura, FL 33180 Dear Mr. Soroka, Thank you for allowing In Unison School Apparel to bid on RFP # 10-02-16-2, School Uniforms For Aventura City Of Excellence. .~ Please accept this letter as acknowledgement that In Unison School Apparel has received the RFP packet for Aventura City Of Excellence uniform program and will be submitting a bid for the above mentioned program. In Unison's proposal will remain valid for at least 120 days from the due date of proposals. Thank you in advance for your consideration. We would love the opportunity to continue working with your school. Regards, ~ ~ Melissa Rayman President ~ ] OO{jO West McNah Road. Tamarac, Florida 33321 . Phone 954-71 H-7030. Fax 954.71 H. 70{jO 9 3.20 School References rlncluded is a list of schools In Unison currently services, attached with a ..;ontact name and phone number for you to call in order to receive the truest facts regarding In Unison's credibility, integrity and professionalism. As a result of our hard work and emphasis on making each program a success, we are proud to list ALL of our schools as a reference, not iust a select few. School Qty. Contact Name Position Location Phone # Aventura Charter Elementary* 500 Ms. J. AIm Principal North Miami, FL 305-466-1499 Aventura Charter Middle* 100 Ms. J. AIm Principal North Miami, FL 305-466-1499 Bayview Elementary* 539 Ms. J. E. Scott Principal Ft. Lauderdale, FL 754-322-5400 Challenger Elementary* 828 Mrs. G. McMurray Asst.. Principal Tamarac, FL 754-322-5750 Coral Reef Elementary* 1,200 Mrs. T. Dipietro Asst. Principal Lake Worth, FL 561-649-6000 Country Hills Elementary* 913 Mrs. D. Morrison Principal Coral Springs, FL 754-322-5950 Discovery Elementary 841 Mrs. J. Degreeff Asst. Principal Sunrise, FI 754-322-9100 Dolphin Bay Elementary* 863 Mrs. 1. Cjeka Principal Miramar, FL 754-323-8000 .;;agle Ridge Elementary* 795 Mrs. M. Rashid Principal Coral Springs, FL 754-322-6300 Endeavour Primary* 436 Mrs. V. Groover Principal Lauderhill, FL 754-321-6600 Flamingo Elementary* 760 Mrs. L. Jones Asst. Principal Cooper City, FL 754-323-5700 Harbordale Elementary 378 Ms. C. Kelly Uniform Chair Fort Lauderdale, FL 954-763-3459 Imagine Schools Broward 560 Mr. K. Sawyer Principal Coral Springs, FL 954-255-0020 Imagine Schools NAU Campus 630 Mrs. C. Aloi Principal Port St. Lucie, FL 772-237-8600 Imagine Schools N. Lauderdale 550 Ms. R. Dahl Principal North Lauderdale, FI 954-973-8900 Imagine Schools North Port 637 Mr. J. Matthews Principal North Port, FL 954-426-2050 Imagine Schools Palmer Ranch 275 Ms. K. Helean Principal Sarasota, FI 941-923-1125 Imagine Schools South Lake 748 Ms. C. Watson Principal Clermont, FL 352-243-2960 Imagine Schools Weston* 1,000 Mrs. A. Kelleher Uniform Chair Weston, FL 954-659-3600 .- 10 Indian Trace Elementary* 708 Mrs. W. Ross Principal Iweston, FL 754-323-6300 Lehrman Community Day School* 301 Ms. J. Rapp Uniform Chair Miami Beach, FL 305-866-2771 ~,4 '-- .v1aplewood Elementary* 792 Mrs. S. Bees Principal Coral Springs, FL 754-322-6850 Millennium Middle * 1591 Dr. C. Cendan Principal Tamarac, FL 754-322-3900 Parkside Elementary* 823 Ms. J. Thompson Uniform Chair Coral Springs, FL 754-322-7850 Park Springs Elementary* 923 Mrs. D. Aaronson Uniform Chair Coral Springs, FL 754-322-7750 Pinewood Elementary* 791 Mrs. D. Milner Asst.. Principal Tamarac, FL 754-322-7990 Sagemont Upper School * 300 Mrs. G. lacano Principal !weston, FL 954-389-2454 Sandpiper Elementary* 818 Mrs. D. Arias Asst. Principal Sunrise, FL 754-322-8450 Seaford Christian Academy* 250 Mrs. C. Wands Uniform Chair Seaford, DE 302-629-7299 Sussex Academy * 320 Dr. P. Oliphant Principal Georgetown, DE 302-856-3636 Tamarac Elementary* 1202 Mrs. N. Seiler Principal Tamarac, FL 754-322-8600 Touchdowns 4 Life Charter* 110 Mr. W. Neunie Principal Tamarac, FL 954-726-7852 1-, iversity Lower School * 750 Dr. N. Barnes Director Davie, FL 754-262-4500 I * WORKING WITH FOR 3 YEARS OR MORE Pines Charter Schools Sean Chance Principal In Unison chose not to re-bid for this school's current contract and (954) 443-4800 herefore is no longer working with this school. In Unison bid every Ivear or two for 11 years straight and won every bid. In Unison never lost the school to another company during its time of service. Stirling Elementary Katherine Ayre Asst. Principal Program changed/ Due to economic reasons, PTA buys wholesale (754) 323-7600 from In Unison and runs a bulk shirt program through their school. rramarac Elementary Nancy Seiler Principal Program changed/ Due to economic reasons, PTA buys wholesale (754)322-8600 from In Unison and runs a bulk shirt program through their school. Falcon Cove Middle Mark Kaplan Principal Uniform Requirements Changed/ In Unison still works with school on (754 )323-3200 misc. bulk shirt and staff shirt programs. Coral Springs Elementary Rene Shaw Principal In Unison chose not to re-bid on current contract because school (754) 322-5900 wears a color code and does not have a mandatory uniform policy. PAST IN UNISON ACCOUNTS THAT ARE NO LONGER UNDER CONTRACT: 11 3.22 FINANCIAL STATEMENT In Unison School Apparel has the financial standing and the capital required to work with this type of program. We have been working with the Aventura City Of Excellence School for many years now, along with 30+ other schools with similar size. ** Please see attached letter from our accountant. 12 BLAKESBERG 8 COMPANY CERTIFIED PuBLIC ACCOUNTANTS AND CONSULTANTS February 8, 2010 To Whom It May Concern: Re: In Unison Dear Sir or Madam: Please be advised that my firm has represented In Unison for approximately eight years, and in each of those years the company has been profitable and has reflected those profits on their annual corporate tax filings. It is expected that the company will remain profitable in the future as well. Thank you for your attention to this letter. Sincerely, p,,~ f'. ~~ Jon D. Blakesberg Certified Public Accountant Cc: Melissa Rayman 951 S. It: 4'h Avenue. Boca Raton. Florida 33432-5803 Telephone (56/) 750-8300 * Fax (561)892-2975 * Email info(ablake,~berJ!cvas.com Affiliatioll.~: Amer;mn Institute of Certified Public Account,') & Florida Imtitute of Certified Public Accountants ~ Attachments Proposal Form Respondent's Certification Form No Bid or Proposal Response Form Proposal Pricing Sheets Agency Reference List Other References Form Proposers Qualifications Form Indemnification Clause Sworn Statement/ Public Entity Crimes Form Business Entity Affidavit Non-Collusive Affidavit Request for Tax Identification/ Certification Proof of Insurance General Liability Certificate Workers Compensation Certificate Automobile Insurance Certificate 14 SECTION 5 PROPOSAL FORMS CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP# 10-02-16-2 PROPOSAL FORM I hereby propose to furnish the goods and services specified in the Request for Proposal. I agree that my proposal will remain firm for a ~riod of 120 days after opened by the City in order to allow the City adequate time to rvaluate the proposals. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the Company named as Proposing Company and that said Company is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal; no officer, employee or agent of the City of Aventura or any other proposer has an interest in said proposal. Furthermore, I certify that the undersigned executed this Proposal Form with full knowledge and understanding of matters therein contained an as duly authorized to do so. I Addendum #~ II /.... Addendum # ated Addendum ~ _ Dated Attached hereto are the following forms/documents which form a part of this proposal: Attachments Proposal Form Respondent's Certification Proposal Pricing Sheets No Bid or Proposal Response Agency Reference List Other References Proposer's Qualifications Indemnification Clause Sworn Statement Pursuant to Section 287.133 (3)(a), Florida Statutes, 32 On Public Entity Crimes Business Entity Affidavit Drug-Free Workplace Affidavit Anti-Kickback Affidavit Non-Collusive Affidavit Request for Tax Identification Number and Certification In UnisOY\ S'cho D J itf?fttre: { NAME OF BUSINESS ~lltrA- UVl ~ SIGNATURE I MfIISf{\ et\VI'Yltl/1 J Pr.tJ',d--tt11- NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS J DO (P 0 iLl nil [IV A.b U Ta 1V1t{f~tCI PL '333 LJ CITY, STATE, ZIP CODE (~) Ifg-IO~D TELEPHONE NUMBER STATE OF ) ) SS ) COUNTY OF The foregoing instrument was sworn to and, subscribed before me this ~ ' 20'fL by ~~~ personally nown to me. or- preelueea :~~c,~ Print Name: 64-u.- Y M. ~OO-fv1 ?/'!J. day of who is C:l::i Commission No.: Commission Expires: Notary Public Slate of Florida ally M Bloom My Commission 00525081 _ pm 0312612010 SEAL (if Corporation) 33 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP# 10-02-16-2 RESPONDENT'S CERTIFICATION CERTIFICATE (if Corporation) COUNTY OF ) )SS ) STATE OF I HEREBY CERTIFY that a meeting of the Board of Directors of the J:il U'1lJVY1 SC.t, 67> , I+p pAVe ( . a corporation existing under the laws of-the-State of Fr6Y2id A held on Febn{a"y f I 20~, the following resolution was duly passed and adopted: RESOLVED, that, as Prl J I r1e",~ of the Corporation, be and is hereby authorized to execute the proposal dated, r::eb f , 20~to the City of Aventura from this corporation and that his 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 IJgreunto set my hand and affixed the official seal of corporation on this the (ft!J. of ~' 01010 Secretary (SEAL) 34 CITY OF AVENTURA REQUEST FOR PROPOSALS STATE OF ) ) SS ) nltL SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCEL SCHOOL RFP# 10-02-16-2 RESPONDENT'S CERTIFICATION CERTIFICATE (if Partnership) COUNTY OF I HEREBY CERTIFY that a meet' 9 of the Partners of the a partnership existing under t held on adopted: ,20_, the following resolution was duly passed and ~ ~ the Pa, 'rship, be and is hereby authorized to execute the proposal dated , 20_, to the City of Aventura from this partnership and that his xecution of thereof, attested by the shall e the official act and deed of this Partnership." 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) 35 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EX LLENCE SCHOOL I HEREBY CERTIFY that a RFP# 10-02-16-2 RESPONDENT'S CERTIFICATION CERTIFICATE (if Joint Venture) STATE OF COUNTY OF a partnership existing under he laws of-the-State of ,20_. the following resolution was duly passed and held on adopted: that as of the Pa ership, be and is hereby authorized to execute the proposal dated . 20_. to the City of Aventura from this partnership and that his xecution of thereof, attested by the shall b the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ,20 I day of Secretary (SEAL) 36 CITY OF AVENTURA REQUESTED FOR PROPOSAL SCHOOL UNIFORMS RFP # 09-04-29-2 PROPOSAL PRICING SHEETS The information listed below, together with other requirements, if any, becomes the specifications to cover the needs of the school: All uniforms are a cotton/poly material with children's size from 2T - 16 and adult sizes for students and include slim and husky cut. o Girls will be offered Shorts, Skorts, Culottes, Pants, Capri Pants, Embroidered Crewneck T-Shirt without pocket, Embroidered Plain knit polo shirt, Embroidered rugby knit polo shirt, Embroidered short and long sleeve oxfords and Embroidered Jackets. - o Boys will be offered Shorts, Pants, Embroidered Crewneck T-Shirt without pocket, Embroidered Plain knit polo shirt and Embroidered rugby knit polo shirt, Embroidered short and long sleeve oxfords and Embroidered Jackets. The following items are included in the RFP for the proposer's to fill in the prices for each item. This is what the school will use to determine which proposer offers the best price. School Uniform Colors ADULT I UNISEX CHILDREN'S SIZES FOR TOTAL TOPS 2T - 16 STUDENTS Embroidered Polo Shirt, $ li'f ~ $ 1S'.ro $ 30.41 Plain Embroidered Polo Shirt, $ 13.111 $ ,,//1 $Z1,Qf Stric Embroidered Long Sleeve $ 1/ /f'1 $ 1/ . l7~ $ Polo Shirt 23,1~ Embroidered Crewneck, No $ 9,11 $ (O./;;q $2/).18 Pocket Embroidered Long Sleeve $ ~qq $ 5.11 $11.1 f Crewneck, No Pocket Embroidered Short Sleeve $ Lf-. q q $+1(1 $Q.1 g Oxford Embroidered Long Sleeve tf.11 4,11 $(],1f' Oxford $ $ Embroidered Sweatshirt $ '1, qq $ '1,1 q $ 11.1t 37 Embroidered All yrasons $ 11 t ~/1 $ i 7.11 $3S. (t~ Jacket /VO !fVC(;( ~vh- hi1/;1~ Sub-Total .- $/1/.-55 GIRLS BOTTOMS CHILDREN'S 2T - 16 TOTAL Girls Pants U" Line $ / ( 0 Girls Skorts wrtt. 5t orf- $ . q Girls Shorts i-e LI'n ( $ /2 ..f 0 Girls Capri Pants $ /2. qq Girls Culottes L& S'~Dff $ ?(S'D Sub-Total $//2.7,t BOYS BOTTOMS CHILDREN'S 2T - 16 TOTAL Boys Pants te 1,,( n c- $ Boys Shorts L. e illl Go $ Boys Belt L(f:. f'h c r $ Sub-Total I TOTAL: $~7. g 1$37J..2-r SECTION INTENTIALL Y LEFT BLANK j)/"c!L.(t ~ LtnJ c-rl,~r b,r{;lf1A n tl~ (ftrJl~~ tlr~ tH''tll/ t'vh l (. lAp Dy\ ,( '} ut S J.- of J{ h [1 () I, 38 1) I agree to be bound by all terms and conditions contained in this Request for Proposal. YES V NO * 2) I agree that the yearly Services amount as proposed shall remain in effect for the initial two (2) year term. YES V NO * Melt ~h ~yrVlt,{rll p( end {Ii {- Bidder Name and Title h1 lLn i J O~r{ ~l DV t A-rE(e ( Company Name loD00 W fYlcN~ toa.L Address 'Jtu'VlClVZLL I fL 3332-1 Phone 39 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP# 10-02-16-2 "NO BID or PROPOSAL" RESPONSE CITY OF AVENTURA If your firm is unable to submit a proposal, please complete and r date shown for receipt of proposal, and return to: We have declined to propose on RFP # 10-02-16-2, f We do not offer this service/pro ct Our schedule would not p it us to perform tV/it Unable to meet b nd/insurance requirements unclear (please explain below) REMARKS Address Business Phone Fax Number 40 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP #10-02-16-2 AGENCY REFERENCE LIST Please list five (5) Governmental Agency contract references for which you have done business within the past three (3) years, if available: Agency Name: Jm A..91 VI C- gcJ1UV Is at- 11lutv Yl Address: 2-'5 DO kll'\.d (.J ( I rc I~ Agency Name: City, State, & Zip Code: --ltVf J.toYl, ft.. 33 g 2-1- f Contact's Name & Phone #: AnIW tntLY7e kilteh;/fL 15'lf - b~q -3 b DO SO uJi1 L-a u C 11ft yK rL 1-1~O HttV-'f1,1jb cJ Jl1 t{(r~ tvtJ. Address: City, State, & Zip Code: C le,Vftt1 frt\ 1-, fL, :3 tf 7/1 , Contact's Name & Phone #: tt, VI S ~ Ji V" /,,(, I ~ ',( Z - Z~ 3 - z. q h D Agency Name: A1JJ Ie 11 n , ~1I'Y\ (1,1, {lel {e S { h 0 lJ ( Address: 'i to 3 N I;J q f ftv.e n Lt.0 1CUV1~~ ~ J Fl- 333J-1 . City, State, & Zip Code: ~ h{(yJ fend/in,' 1(i.322.. -3QOo Contact's Name & Phone #: 41 REFERENCES (continued) Agency Name: l ~IH r-e X Ituu{.e m '/ Address: 2-/771 S'H JJex p, n L f &tUJ.. f5'tO (1 e {v tV n,' 0 &" J 11f 7- City, State, & Zip Code: Agency Name: Pttrk- l)fDD POI, e-h.1{Vl +-/ '1ol -f5b - g~ 3? 5'ffln~.r [1{WllY! ftr.ry NW It~ Tlrrtl{~ Contact's Name & Phone #: Address: City, State, & Zip Code: C1JYti/ Sf(' n 15 I -Pi- 3 30 b 1 Contact's Name & Phone #: D I {(J1 L rrit 1'1JY/ j {yJ 7W -322--77 !:>-O J Attach additional sheets if necessary. If there are less than five (5) agencies listed above, complete Attachment B-1 to bring the total number of references to at least five (5). 42 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP #10-02-16-2 OTHER REFERENCES Please list NAME OF COMPANY, ADDRESS, PHONE NO., AND CONTACT PERSON AT COMPANY of any other Non-Governmental entities for which you have done business within the past three (3) years: Agency Name: Unl VU.fi~ LDMJtf Schoo I !J~7r; tV 1~ ItlZf 11 U {,; Address: no- Laud trda}c: I fL 333 J t/- , City, State, & Zip Code: Contact's Name & Phone #: Agency Name: IPilrnJ e11nd7tLh /tf{~f Address: City, State, & Zip Code: \Jeclfvr-J J or {~ 73 , Contact's Name & Phone #: ~ \1.L i'\l f h ctJ / 302- -0 ~ q - 7/ b I Agency Name: Ullrmtu, COYVl~ Da~ fe/too I Address: 12-1 U!.Ltil1 AJ1 D r,lI-e- City, State, & Zip Code: M \ A J'l11 Be It l t1 I rL ~ 3 I +i , JtH1eLE!t-f J ,DS" -g{p~ -217 ( Contact's Name & Phone #: 43 OTHER REFERENCES (continued) Agency Name: J~~I- tlff-er fcno(d J- [0 {rIA d f S C ( rr I ~ Address: City, State, & Zip Code: LAle5/Tn J n 93321- &tt~ I-L :ra ((){IV q)\/ - 3ft: ~~,')LI ~td-eerrlln4 titJvcl thn JI1((,f\-- 2ioo WeSr jJroryttcf- R-DatL J Contact's Name & Phone #: Agency Name: Address: fiJy~ liLUd-ealttle J FL- ;S33D1 . MI. t+mtll-A i q~if- 4f.c;- /L{~ ; City, State, & Zip Code: Contact's Name & Phone #: Note: The total number of references contained on Agency References and Other References must total at least five (5). 44 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP #10-02-16-2 PROPOSER'S QUALIFICATIONS (Page 1 of 3) NOTE: This statement of Proposer's Qualification must be completely filled out, properly executed and returned as part of your Proposal. 1. List the true, exact and proper names of the company, partnership, corporation, trade or fictitious name under which you do business and principals by names and titles: Name of Company: 1ti UJ11 ) IlYlf ( h 01> I IJ-p '€ tlJJe- ( Address: IOD~O ~V.e>+- M{}Jt(J, ~Iltl fa ~ty1fl va [I PL-- 3332-J , Principals: Mdl~~<< .Kc{V~'YYUl Titles: Pre f. CtlVD I Z(I J WIll-- iJ. P. 2. a. Are you licensed, as may be required, in the designated area(s) of Miami-Dade County, Florida? / YES V NO b. List Principals Licensed: Name(s): MlllSrll IZttyfYJtll1 Title: PaJ C thv I UtA Wi j V If. Remarks: /1/; (t(l /,CtI1QJ -Iv COYU(UCf- tJY}--5/ K Ll~l, h~.... Salf) In Mlt1fni -O/~ LOl1--hJ:). 3. How long has your company been in business and so licensed? ~S 45 PROPOSER'S QUALIFICATIONS (continued) (Page 2 of 3) 4. If Proposer is an individual, corporation or a partnership, answer the following: a. Date of Organization Fe bra tirLj Jqq,f b. Name, address and ownership unitsOf all partners: Me j IS JP{ R..a y f111tJ1 (Yl.vo I Z-l,d w, J c. State whether general or limited partnership: d. State whether a corporation incorporation FID r I A a Date and place of If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals. N/I} , 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? it. Y -Lll.Y! a. Under what other former names has your organization operated? ~'(M Ut-1,FcrmJ 7. a. Has your company ever failed to complete a bonded obligation or to complete a contract? YES NO v/ a If so, give particulars including circumstances, where and when, name of bonding company, name and address of City and disposition of matter: AI/If , 46 PROPOSER'S QUALIFICATIONS (continued) (Page 3 of 3) b. Are you now or in the past five (5) years been involved as a defendant in litigation concerning the performance of your company operations? If so list: No 8. a. List the pertinent experience of the key individuals of your organization; (continue on insert sheet, if necessary). ,t1thuitJ p, ([vL~ UP fAC/td- b. State the name of the individual(s) who will have personal supervision of the work: -1J1 t 0 ~1J n{(T hand J~ file a { { tM 11 h' . R e e xf-hilith {')1 ~, :3. '1 9. List name and title of persons in your company who are authorized to enter into a contract with the City of Aventura, Florida for the proposed work should your company be the successful Proposer. Name /Vlti I ~{t1 fr i j . j(dvmtlll f {ft ru J ze ( J tVI q v,{e-frtJ. Title 10. Describe your Company's experience in providing services to other ~school agencies similar to the comprehensive service to be provided herein. 47 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP #10-02-16-2 INDEMNIFICATION CLAUSE The Contractor shall indemnify, defend and hold harmless the City Commission, the City of Aventura and their agents and employees from and against all claims, damages, losses and expenses (including attorney's fees) arising out of or resulting from the contractor's performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or damage on destruction of property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any breach or default by Contractor or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless or whether or not it is caused in part by a party indemnified hereunder. M1/4.41 /lJIAf- Signature z/~ jlt; Date STATE OF FLORIDA COUNTY OF MIAMI-DADE SWORN TO AND SUBSCRIBED before me, the under signed authority, (Yt11A5 5~ ~ who, after first being sworn by me, affixed his/her [name of indi~] signature in the space provided above on this ?/-.b day of ~ ,20 I () i3wrr Yn.~ NOTARY PUBLIC i'~'" a\. NOlal)' Public Stale of Florida . . Sally M Bloom ~ '/ My Commission 00525081 IH f\I Expires 0312612010 48 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 OFFICAL AUTHORIZED TO ADMINISTER OATHS. 1. This sw rn statement i submitted to the CITY OF AVENTURA, FLORIDA By: ( ~ 11: {( I (print in iviqual's name and titlel For: I r1 till' rDY\ {'{It (j1; { f}p ffu~ (print name of entity s~ng sworn statement) whose business address is: 16 [)wD lJ fh (tVttb Jld C:\nd (if applicable) its Federal Employer Identification Number (FEIN) is: (pt;' - OgJ rSq D (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ). 2. 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 of 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 or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (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 trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere. 4. J understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An 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, executives, 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 prima facie case that one person controls another person. A person 49 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. 5. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with 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 "person" includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies). '!/ Neither the entity submitting this sworn statement, nor any of its 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. o The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. o The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer 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). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 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. 50 ;1Aiff!/~ !liUlrL- Signature Sworn to and subscribed before me this 20~JP CPersonally kno~ OR Produced identification SIi:L day ~ Name of Notary Notary Public - State of Notal)' Public Stale 01 Florida Sally M BloOm My Commission 00525081 Expires 03~~~, ,- 51 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP#10-02-16-2 BUSINESS ENTITY AFFIDAVIT (VENDOR/BIDDER DISCLOSURE) I, MellSf t{ tayman State: , being first duly sworn The full legal name and business address of the person(s) or entity contracting or transacting business with the City of Aventura ("City") are (Post Office addresses are not acceptable), as follows: (;,j- Of' fr; q D Federal Employer Identification Number (If none, Social Security Number) IVI UV1l51JYl Stl?VD/ !1tfttY'.tJ Name of Entity, Individual, Partners or Corporation IOlJf;o i~ m (N{i~ ttJttd 'Tttn11{~( Street Address Suite City State 33321 Zip Code OWNERSHIP DISCLOSURE AFFIDA vir 1. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows: Full Legal Name 1\;1 e {gStt J{ ({ lJ ma~1 C [( ro I lei J~..7 ~ Address Ownership 'ODItJO tv Y11cN(L~ U 'T!U11t{tl({roFL 53.,2 I I tv & V (;J M (: N {t~ fltt T{{ n1 aitf{o h 3 -5? ZI % 52 .~ BUSINESS ENTITY AFFIDAVIT (continued) The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows: ~a 111-L itS ttblhlf I ,1VUi1t~ Mltpt- Signature of Affiant flAelt fJ tt !lit ~ml{/1 Print Name 2..) f) / D Date Sworn to and subscribed before me this ~ Grsonally kn~ OR Produced identification daYOfF~v_,20 10. ~-rn.~ Notary ublJc Notary Public - State of Ft-- Type of identification ... ,I ~ ~ ~ NotalY P f Florida I ~..... Sally M Bloom . c ; My commission 00525081 ~Of ~df Expires 03126/2010 Printed, typed or stamped commissioned 53 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP# 10-02-16-2 DRUG-FREE WORKPLACE AFFIDAVIT FLORIDA STATE STATUTE 287.087 Identical Tie Bids: Preference shall be given to business with drug-free workplace programs. Whenever two (2) 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: a) 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. b) Inform employees about the dangers of drug abuse in the workplace, the business's 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. 1) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 2) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 54 DRUG-FREE WORKPLACE AFFIDAVIT (continued) 3) 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. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. FLORIDA STATE STATUTE 287.087 As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. . I ttitfh l!4e~ endor's Signature 55 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP# 10-02-16-2 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } } } SS: COUNTY OF I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Aventura, its elected officials, and or its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ;[1 e {ISS- t1. f.a vrn It /1 P({JJlbt~ Title: Sworn and subscribed before this fI:tJ dayof ~_.20/0 ~IC~~~ SA1..-L.--~' h. ~'- 00'-'1 (Printed Name) My commission expires: '~N;t<l/)' :;'JOI;;S;;te of Florida Sally M Bloom My CommISSion 00525081 56 CITY OF AVENTURA REQUEST FOR PROPOSALS SCHOOL UNIFORMS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL RFP# 10-02-16-2 NON-COLLUSIVE AFFIDAVIT STATE OF FLORIDA } } } SS: COUNTY OF /1fJ e hJSA fA y m ttl1 a) (own~r, . Sc IN I Proposal; being first duly sworn, deposes and says that: He/she is the Pr f II A (111-- of I'll U /1/ S ~ p~er, orcer, Representative or Agent) of fit rt the Proposer that has submitted the attached b) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; c) Such Proposal is genuine and is not collusive or a sham Proposal; d) Neither the said Proposer 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 Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from proposing in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; e) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. 57 NON-COLLUSIVE AFFIDAVIT (continued) Signed, sealed and delivered in the presence of: ~m.~ <witnes& WilnC.~ · By: /J;1ilt1?7 IZa,tfJ!1JJL-- Melt ~s" (!.a tjrna h (Printed Name) ?tt 5'1 tlel1f--- (Title) 58 NON-COLLUSIVE AFFIDAVIT (continued) ACKNOWLEDGMENT STATE OF FLORIDA } } } SS: COUNTY OF BEFORE ME, th~ undersigned authority personally appeared !1 ~L.J 5~ /ZJ4V HJ'H.J to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that SI+1Z" executed said Affidavit for the purpose therein expressed. my hand and ,20~. official seal this fh:J. day of f6 WITNESS, ~ My Commission Expires: ~..".y -II" ;. c'l. ; ">." ",d" tj___~... NOlaI)' PUblic Stale of Florida Sally M Bloom My Commission 00525081 Expires 0312612010 59 ~ ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY1 ~ 2/9/2010 PRODUCER (954)473-1406 FAX: (954)659-2338 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bruening Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2700 S. Commerce Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 309 Weston FL 33331 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERANautilus Ins. /Seacoast In Unison School Apparel, Inc. INSURER B 10060 West Mcnab Road INSURER C' INSURER D Tamarac FL 33321 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of5UCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR'ADD'U POLICY EFFECTIVE F N POLICY NUMBER ATE MI LIMITS GENERAL LIABILITY . X .COMMERCIAL GENERAL LIABILITY A CLAIMS MADE X OCCUR NCB94332 GEN'L AGGREGATE LIMIT APPLIES PER: I X I POLICY PRO- lOC AUTOMOBILE LIABILITY ANY AUTO ; All OV\ll'oiED AUTOS I SCHEDULED AUTOS : HIRED AUTOS i NON-OWNED AUTOS EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 100,000 PREMISES (Ea occurrence) $ 6/16/2009 6/16/2010 MED EXP (Anyone person) S 5,000 PERSONAL & ADV INJURY S 1,000,000 : GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 1,000,000 COMBINED SINGLE LIMIT (Ea accident) BODilY INJURY IPer person) BODilY INJURY IPer aCCIdent) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO OTHER THAN AUTO ONLY' AUTO ONLY - EA ACCIDENT ,$ EA ACC S AGG $ EXCESS I UMBRELLA LIABILITY OCCUR C CLAIMS MADE EACH OCCURRENCE AGGREGATE _ S . S $ S DEDUCTIBLE RETENTION S WORKERS COMPENSA TlON AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE D OFFICERlMEMBER EXCLUDED? (Mandatory In NHI " yes, describe under SPECIAL PROVISIONS below OlHER VVC STATU- OTH- TORY LIMITS ER El. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCA nONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is included as Additional Insured-Vendor CERTIFICA TE HOLDER CANCELLATION Aventura City of Excellence School Attn: Mr. Soroka-City Manager 19200 W. Country Club Dr Aventura, FL 33180 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA TIVE....P"~~../'-j. ---1' --" -G-<'..."t; J Bradley Bruening/TH J7- - --/'. ~ @ 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I ACORD 25 (2009/01) INS025 (200901) -"'-JTMr ----DA;;. U022 02-09-2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I / ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE : SIHLE INSURANCE GROUP INC PHS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ' 1225280 P: (866)467-8730 F: (877)538-8526 ,ALTER_Itl_E~9YERAGEAFFORDEDBYTHEPOLlCIESBELOW. ---1 I ~~~g~T~ 9~~ " 8 229 _ ... _ __ ___ _ -l- __ _'NSURERS AFFORDING COVERAGE _ I ::~:::: Hartf orduIlderwri ~ers Ins Co_ =-_ j IN UNISON SCHOOL APPAREL INSURERC 10060 W MCNAB RD. !INSURERD FORT LAUDERDALE FL 33321 INSURER E: COVERAGES A CORD", CERTIFICATE OF LIABILITY INSURANCE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE -FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFDRDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POUCY NUMBER re..~~Jr:;fii,;''ri 7/ifl/!'{:J~J?~'! UM/TS LTR GENERAL UABIUTY I I EACH OCCURRENCE $ := ..fQ.~MERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone firel $ 1--:--1 CLAIMS MADE CI OCCUR' MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ I-- I GENERAL AGGREGATE $ f-- n'L AGGREn LIMIT APn PER: PRODUCTS - COMP/OP AGG $ POll CY j~8T LOC ~OMOBILE UABIUTY COMBINED SINGLE LIMIT $ ANY AUTO lEa accident} I-- I-- ALL OWNED AUTOS BODIL Y INJURY $ SCHEDULED AUTOS {Per person) I-- I-- HIRED AUTOS BODILY INJURY (Per accident) $ I-- NON-OWNED AUTOS I-- PROPERTY DAMAGE $ I {Per accident) GARAGE UABIUTY AUTD ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ . AUTO ONL V: AGG $ ~ESS UABlLITY EACH OCCURRENCE $ I OCCUR n CLAIMS MADE AGGREGATE $ 1--' $ =1 DEDUCTIBLE $ I RETENTION $ $ WORKERS COMPENSA TION AND I X I T"Xf STATU-: I IOTH- RY LIMITS ER A EMPLOYERS'LIABIUTY 21 WEC DX7747 102/28/09 02/28/10 'L ~'" ~"oc" $100 000 I $100 1000 I~ $500 000 OTHER I W"~'~~~om I E.L. DISEASE - POLICY LIMIT I I ---.l____~ I DESCRIPTION OF OPERATIONSlLOCATIONSlIlEHlCLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured's Operations. :::-1'-~riONA~NS~D: INS~RER i~~~---- CANCELL.~TmN--c==--==c':'-=-~==-...---=---==-c==-~=--==----=---- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREDF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE 110 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. DR CERTIFICATE HOLDER I ,j City of Aventura 19200 W COUNTRY CLUB AVENTURA, FL 33180 ---..1 "l ACORD CORPORATION 1988 ACORD 25-S (7/97) ACORD,,. CERTIFICATE OF LIABILITY INSURANCE I PRODUCER ,SIHLE INSURANCE GROUP INC/PHS 225280 P: (866)467-8730 F: (877)538-8526 POBOX 29611 CHARLOTTE NC 28229 INSURED JTM DATE U022 02-09-2010 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION i LJNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I ~iE~~'H~H~t~~~~~~:::FEO~g~~ ~~~~~~~~cT:;~~Eo~,J , , : INSURERS AFFORDING COVERAGE ! I --~~_~~__ ~___~____~_~___ _____j ilNSURERA,Hartford Underwriters Ins Co , INSURER B: j "'1 I INSURER C: ' I INSURER D' IN UNISON SCHOOL APPAREL 10060 W MCNAB RD. FORT LAUDERDALE FL 33321 COVERAGES i INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEPOllCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I POLICY EFFECTIVE I POLICY EXPlRA TIDNI . L TR TYPE OF INSURANCE POLICY NUMBER I DATE IMM/DD/YYI , DATE IMM/DD/~. LIMITS GENERAL LIABILITY r I EACH OCCURRENCE $ - COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Anyone fire' $ = ~ CLAIMS MADE D OCCUR I I' MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ ~.AL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE LIMIT APP="'-~ PER: n POLICY n ';~Ri- I i LOC AUTOMOBILE LIABILITY r-- : r-- ALL OWNED AUTOS , COMBINED SINGLE LIMIT I lEa accidentl $ BODILY INJURY (Per person) $ BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accidentl AUTO ONLY - EA ACCIDENT $ ANY AUTO r-- SCHEDULED AUTOS - _ HIRED AUTOS _ NON-OWNED AUTOS - GARAGE LIABILITY ~ ANY AUTO EXCESS LIABILITY o OCCUR , OTHER THAN AUTO ONLY: EA ACC $ AGG $ CLAIMS MADE EACH OCCURRENCE AGGREGATE $ $ $ $ $ R DEDUCTIBLE RETENTION $ WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY OTHER 21 I -r -.J WEC DX7747 X! T,,(;~lm.iNs I IOl~- 02/28/10 I 02/28/11 E.L. EACH ACCIDENT I E.L, DISEASE - EA EMPLOYEE I t-___~_r:!:.:_DISEAS_E._=_POLlCY LIMIT I I I $100,000 $100,000 $500,000 A DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured's Operations. I -~+- CERTIFICATE HOLDE~.L.-..~DDITIONAL INSURED; INSURER LETTER: CANCElLATI01\J--------. ~ -~---- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE l EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL I 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, - City of Aventura 19200 W COUNTRY CLUB DR AVENTURA, FL 33180 ACORD 25-S (7/97) @ ACORD CORPORATION 1988 FROM : TERRY MC CALL I NSURRNCE FRX NO. :954 749 8574 Feb. 09 2010 05:19PM P2 '. CERTIFICATE OF INSURANCE 1"'''1.11''''''" SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCFUBED BELOW. This certifies that. [8J STATE FARM MUTUAL AUTOMOBilE INSURANCE COMPANY of Bloomington, Illinois o STATE FARM FIRE AND CASUAL TV COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas. or o STATE FARM INDEMNITY COMPANY of Bloomington. Illinois r' ::~;:~N:~::o~~nlo~::,:":~n:~:',m:~nsured as ahown be~w = =-=- =- =- l _ADDR.ESSOFNAMEgINSUf3EO: 10060 W MCNAB 1'0 T1\M~.!f~21 _ _ _ ____ POLlCY NUMBER 175 9461. c21-59B ~ _____ __.__-_- w__._. _,__~ _-- "_ _ _ EFFECTNE DATE ~ P01..ICY 09/21/09.-0312.1._/10 '_ I DESCRIPTION~~---' 1997 DODGE 250 _.-_. '-- ,---., I VEHICLE (Including VlN) . VAN _ __'" ,_ ___. __,_ _. __ __ ' I L1A~ILITY 90VE~GE ~ Y~ 0 N() .. 0 y~~.,O NO... Q.YES. _ 0 NC>... q YES -.!;J_~, LIMITS OF LIABILITY a _ Bodily Injury Each Persot:l__.. ,,~ Each Accldent "-"-...."-.,'-'-'--- b. Property Damage . Each A,?cident . I G. Bodily Injury & , Property Damage I Sin91e Limit ~.~~hAcciderL-._ $l,?()O,OO(~. .__._' ____. . ___- ~~=h~~:=-- ~:'oS 00 ~d:~ . p y~~..~~~. ~_YES .. ~~'~b~ P YES ~:,' I IZI YES 0 NO 0 YES 0 NO 0 YES 0 NO 0 YES 0 NO , b. Co~I!~ion..._. ~ $500.00 DeductIble $ _,.--E~ductlbl.. L_~!ble $_.~educt;ble. EMPLOYERS NON-OWNED 0 0 CAR!:-.~IU~C~~~!~.OYE~IZI... NO... .YES.._NO ~OYE.~---9... NO DY~. DNO ..~~~~R~~LlAf3lLlTY DYE~IZINO OYES~.~ OYE~NO DYES DNO j , FLEET. COVERAGE FOR I ~=:'~~;ENSED . 0 Y~~O 0 YE~ 0 NO_ q YES , D ~9 . 0 YE~ 0 NO ..A" filA ~ ~ l\.GENT ?~>36 O2!09/201U ~ii.edR6?illsenlatlve .---Tiiie -'-- ~,irsCodiNiimber- Diite -.'" !'l~ndAdd~8sofCertifiC8.!eHol~__._ Name.andAddressofA.~__ _ ~. ~ r I\[lr,r'1 LONAL lNSURBD: I I C1TY OF AVBN1'tJRA '_~2Q~) W CC!lNTI{Y CLUB DR1VF, I AveN':'~JRA; 2L 33190 1 I I I L"_._M_'_' ~____.-L.___-..__-__-_.__ __.----l INTERNAL STATE FARM USE ONL V: 0 Request pGnnanenl Certificate of Insurance for liability coverage. 122429,;2 Rev. 06-10-2004 0 Request Certificate Holder to be added as an Additional Insured. RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO. 10-02-16-2, SCHOOL UNIFORMS, TO IN UNISON UNIFORM COMPANY IN ACCORDANCE WITH THE RFP DOCMENT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager 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 RFP NO.1 0-02-16-2, School Uniforms; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's RFP Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that In Unison Uniform Company 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 RFP BID NO. 10-02-16-2, School Uniforms, is hereby awarded to In Unison Uniform Company. Resolution No. 2010- Page 2 Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and 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: 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010- Page 3 PASSED AND ADOPTED this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, AICP Community Development Director TO: City Commission FROM: Eric M. Soroka, IC City Manager DATE: April 19, 2010 SUBJECT: Request of Walgreen Co. for Conditional Use Approval to establish beer and wine package sales within its existing store at 3007 Aventura 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 (01-CU-10) May 4, 2010 City Commission Meeting Agenda Item [-A RECOMMENDATION It is recommended that the City Commission approve the conditional use application to establish beer and wine package sales within the Walgreens store at 3007 Aventura Boulevard, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to the Walgreen Co. pharmacy/drug store at 3007 Aventura Boulevard, City of Aventura. 2. The use shall be established 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 sale of wine and beer shall be established in conjunction with the existing pharmacy/drug store. This conditional use approval shall terminate in the event the pharmacy/drug store use is terminated, 4. The applicant shall obtain a state 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 of the City Code. THE REQUEST The applicant, Walgreen Co., is requesting Conditional Use approval to sell beer and wine in its existing pharmacy/drug store in the retail plaza at 3007 Aventura 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: PSI Partners, LLP Dwayne L. Dickerson on behalf of Walgreen Co. 3007 Aventura Boulevard, City of Aventura (See Exhibit #2 for Location Map) Approximately 2 acres (entire plaza site) Part of Tract "S", Aventura Seventh Addition, as recorded in Plat Book 120, Page 99, of the Public Records of Miami-Dade County, Florida (See Exhibit #3 for complete legal description) B2 Community Business District B2 Community Business District and RMF3 Multifamily MediumDensity Residential District B2 Community Business District RMF4 Multifamily MediumDensity Residential District B2 Community Business District and RMF3 Multifamily MediumDensity Residential District Retail Plaza Residential Condominium and Office Building Retail Plaza 2 Properties to the East: Properties to the West: Residential Condominium Office Building and Residential Condominium 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 and Medium-High Density Residential Business and Office Medium-High Density Residential Business and Office and Medium-High Density Residential The Site - The subject site contains a retail plaza containing this Walgreen's pharmacy/drug store, a real estate office, spas and kosher grocery store. The plaza is located on the east side of NE 29 Avenue at the intersection of Aventura Boulevard. The Project - Walgreen Co. is an existing tenant in this retail plaza built in 1993. Its pharmacy/drug store occupies approximately 13,412 square feet of space in the plaza. No expansion of the store is proposed for the sale of beer and wine. It proposes to use approximately 22 square feet of existing shelf space to accommodate the beer and wine selections. A floor layout plan is attached as Exhibit #4 showing the shelf areas in which the beer and wine will be displayed for sale. 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. There was a Walgreens' liquor package store as a separate part of this tenant space from 1993 to 2005, at which time it was discontinued. The current application is to sell beer and wine on existing shelf space in the pharmacy/drug store. 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 Aventura Police Department has confirmed that it has no crime prevention concerns with this proposed use. 3 ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. This store is located within property with a Business and Office land use designation which permits commercial uses, Citizen Comments - The Community Development Department has received no written citizen comments as of the date of writing of this report. Community Development Department Analysis - The applicant is requesting conditional use approval for the sale of beer and wine from an existing pharmacy/drug 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 2 non- exempted establishments selling alcoholic beverages within 1,500 feet, those being the Winn-Dixie Liquor Store in the Promenade Shops Plaza and the CVS Pharmacy in the Aventura Plaza and 2 religious facilities with private schools within 2,500 feet of the proposed use, those being the Aventura Turnberry Jewish Center on NE 30 Avenue and Shuva Israel in the Aventura Plaza. (See Exhibit #5 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 proposal does not meet this definition for exemption. 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 proposal does not meet this definition 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 proposal does not meet this definition for exemption. 4 4. Beer and wine for off-premises consumption as a grocery item, from grocery stores and meat markets. The Walgreens store is a pharmacy/drug store, therefore, it does not fall into this exemption category. 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 proposal does not meet any of these definitions 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 which permits commercial uses. The existing tenant space will not be altered or expanded to accommodate the addition of beer and wine sales; therefore, the levels of service standards set out in the Comprehensive Plan will not be red uced. 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 sales of wine and beer within existing shelf space inside an existing pharmacy/drug store will not be detrimental to or endanger the public health, safety or general welfare. The applicant advises that Walgreens has taken measures to assure that any beverage containing alcohol will be sold in a responsible and appropriate manner. The applicant advises that Walgreens' employees will undergo training prior to beer and wine availability at the store, that Walgreens' policy is to request identification for any customer who appears to be under the age of 40 and that only employees 21 years of age and older will handle the beer and wine products. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The request for wine and beer sales within the existing pharmacy/drug store is consistent with the business community character of the immediate neighborhood. The store is to be located in a large retail plaza and adjacent to a grocery and other retail stores. 5 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. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the Land Development Regulations. The proposal to add wine and beer products to existing shelf space within an existing store, with no alteration or expansion of the store will not affect the adopted levels of service. 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 store is accessed by way of existing entrances and exits to Aventura Boulevard and NE 29 Avenue. The proposed use will not affect existing ingress and egress. 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 beer and wine sales on 22 square feet of shelf space of an existing 13,412 square foot pharmacy/drug store will not impede the development of surrounding properties for uses permitted in the zoning district. 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 sale of wine and beer is proposed within the existing tenant space, with no alteration or expansion of the space. The existing store will not be altered or expanded. Therefore, there will be no visual impact of the proposed use on adjacent property. 6 ~. Ruden ~II McClosky I(\cc,tNt.1) \ ~ 1~\~ ~~R ~i \!'C.\ o?\J1t. ' 'I\\~\\'\ \)t: . C.o~\~\ 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2450 FAX: (954) 333.4050 DW A YN E.DIC KERSON@RUDEN.COM March 18, 201 0 JUSTIFICATION STATEMENT FOR CONDITIONAL USE APPROVAL TO ALLOW THE SALE OF BEER AND WINE WITHIN 1.500 FEET OF AN EXISTING ESTABLISHMENT THAT SELLS ALCOHOLIC BEVERAGES AND WITHIN 2.500 FEET OF A RELIGIOUS FACILITY OR SCHOOL PSI Partners, LLP ("Owner") is the owner and Walgreen Co. ("Walgreens") is the tenant of the property located at 3007 A ventura Boulevard, Bay # 4 ("Property") in the City of Aventura ("City"). The Owner and Walgreens (collectively referred to as the "Applicants") are requesting conditional use approval to allow for the sale of beer and wine on the Property within 1,500 feet of an existing establishment that sells alcoholic beverages and within 2,500 feet of a religious facility or school pursuant to Chapter 4, Section 4-2 of the City's Code of Ordinances ("Code"). Walgreens will use existing shelf space to accommodate the limited selection of beer and wine products; therefore, the existing Walgreens store will not be expanded. Additionally, the total square footage of the store's designated area for beer and wine sales will only be approximately 22 square feet. The existing Walgreens store is approximately 13,412 square feet; therefore, the total beer and wine sales area will occupy less than 1 % of the store. As discussed below, the requested conditional use approval adheres to the review criteria set forth in Chapter 31, Section 31-73( c) of the Code. Specifically, the Applicants will demonstrate that: (1) the granting of this request shall be consistent with the comprehensive plan; (2) the establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; (3) the proposed use shall be consistent with community character of the immediate neighborhood of the proposed use; (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 requirements of theses LDRs; (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; (6) the establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and (7) the design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. Chapter 31, Section 31-73( c) of City's Code includes the criteria to be applied by the City in granting conditional use approval. The criteria and justifications for each criterion are as follows: RM:7275986:1 Exhibit # 1 01-CU-l0 ROCA RATON' FT.IALJDERDALE . MIAMI' NAPlES' ORLANDO' PORT ST.llJClE . TAlLAHASSEE' TAMPA. WEST PALM REACH Page 2 (1) The granting of this request shall be consistent with the comprehensive plan. The granting of this request is consistent with the comprehensive plan and does not reduce the levels of service as set forth in the plan. The Property is located within the B2 Community Business zoning district with a future land use designation of Commercial. The B2 zoning district and future land use designation permits commercial uses such as a pharmacy/drug store selling beer and wine. The proposed use furthers the goals, objectives, and policies of the comprehensive plan and is consistent with the policies relating to location, function and character of commercial/retail uses as stated in the comprehensive plan and the Code. As discussed in detail above, the existing Walgreens building will not be altered or expanded to accommodate the addition of beer and wine sales; therefore, the levels of service as set forth in the comprehensive plan will not be reduced. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. Granting the requested conditional use approval will be in harmony with the general intent and purpose of the Code and will not be injurious to the area or detrimental to the public welfare. The Applicants are proposing to provide a modest selection of beer and wine merchandise which will be in harmony with the general purposes of the Code and would not be contrary to the public interest, health, or welfare, taking into account the character of the surrounding neighborhood. As stated above, the granting of the requested conditional use approval will not change or alter the existing Walgreens building. Additionally, the requested conditional use approval will not negatively affect public safety or be contrary to the public interest, health or welfare of the surrounding community. In fact, the requested conditional use approval is in response to customer demand. Customers want more of a one-stop shopping experience where they can buy a range of products at one location rather than having to travel, park and pay at a variety of different stores. Walgreens has taken great measures to assure that any beverage containing alcohol will be sold in a responsible and appropriate manner. For example, all employees must undergo extensive training prior to beer and wine availability at each store. Additionally, Walgreens policy states that employees must request identification for any customer attempting to purchase alcohol who appears to be under the age of 40. Register prompts ensure compliance with this requirement before proceeding with the transaction. Further, only employees 21 years and older will handle alcohol products. Walgreens will also abide by all local laws concerning the handling of beer and wine products. RM:7275986: I BOCA RATON' FT. LAUDERDALE . MIAMI' NAPLES' ORLANDO' PORT ST.LUClE . TALLAHASSEE' TAMPA' WEST PALM BEACH Page 3 (3) The proposed use shall be consistent with community character of the immediate neighborhood of the proposed use. Granting the requested conditional use approval will be consistent with the community character of the immediate neighborhood, The Walgreens store is virtually surrounded by commercial uses including the Aventura mall located just south of the Property. (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 requirements of theses LDRs. As discussed in detail above, the existing Walgreens building will not be altered or expanded to accommodate the addition of beer and wine sales; therefore, the levels of service as set forth in the LDRs and comprehensive plan will not be reduced or negatively affected by this request. (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. As discussed in detail above, the existing Walgreens building will not be altered or expanded to accommodate the addition of beer and wine sales; therefore, the levels of service as set forth in the LDRs and comprehensive plan will not be reduced and traffic patterns into and out of the Property will not be negatively affected by this request. Further, Walgreens will use existing shelf space to accommodate the limited selection of beer and wine products. The total square footage of the store's designated area for beer and wine sales will only be approximately 22 square feet. The existing Walgreens store is approximately 13,412 square feet; therefore, the total beer and wine sales area will occupy less than 1 % of the store. (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. Walgreens will use existing shelf space to accommodate the limited selection of beer and wine products; therefore, the existing Walgreens building will not be altered or expanded. The' total square footage of the store's designated area for beer and wine sales will only be approximately 22 square feet. The existing Walgreens store is approximately 13,412 square feet; therefore, the total beer and wine sales area will occupy less than 1 % of the store. As a result, the surrounding developments will not be impeded or negatively affected by this request. RM:7275986:1 BOCA RATON' FT. LAUDERDALE' MIAMI. NAPLES' ORLANDO. PORT ST.LUCIE . TAllAHASSEE. TAMPA' WEST PALM BEACH Page 4 (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. Walgreens will use existing shelf space to accommodate the limited selection of beer and wine products; therefore, the existing Walgreens building will not be altered or expanded. The total square footage of the store's designated area for beer and wine sales will only be approximately 22 square feet. The existing Walgreens store is approximately 13,412 square feet; therefore, the total beer and wine sales area will occupy less than 1 % of the store. As a result, the adjacent properties will not be negatively affected by this request. If you have any questions regarding the foregoing, please do not hesitate to contact me. ncerelL. wt D~ L. Dickerson RM:7275986: I BOCA RATON' F1.IAUDERDAIE . MIAMI' NAPLES' ORlANDO' PORT 51. LUCIE' TAlI.AHA55H . TAMPA' WEST PALM BEACH DADE COUNTY '. :. . ill : III ,II '11I :. .. 'II :. .. ,. 'Il 'Ill : iii : iii :. ,~- -,............,.............,-,""'" ~ 8-5 III. d. iii . me 19 III It IJ1I .1&1 I .,....,. ....." ....... .. """"'" ..... "'" 'Y"'liI" .. Gulfstream YACHT CLUB DR Il fu~ III MARINA III COVE II CIRCLE Ii III \Nf>.-'1 III IN'C-\-\ Ii . ---' BROWARD COUNTY rnDG2!i5lB6lDIII1l1lii:llEl13&1'i1lml8 :... ~) ~ (/~ WATERWAYS Btl~ f~ jlJ . 207 ST COUNTRY CLUB DR .11 :~ .. ,. IVES DAIRY RD .. .. .. .. ,. :~ '. :.. 201 TER cr: q '\II) CO AVENTURA I:)\; '\ 3 F!le I CJ _ 0 Rescue Aventu Su b1ect Station Libra! .B o > -.J OJ 2 <:( lJJ o o Aventura Mall 192 ST 192 ST 191 ST Loehmann's Fashion w Island ;;: m N 190 ST 188 ST ci > -'- CO 2 <:( lJJ () o MIAMI GARDENSPR T lE G END ~~t~r ..~ ;~l ~ t2'. - - \ I s - a a - . City Boundary -. -. - ZIP Code Boundary - - - - - -- - - Railroad Exhibit #2 01=CU-I0 Exhibit #3 01-CU-I0 That portion of Tract "8" of A VENTURA SEVENTH ADDITION, according to the Plat thereof, as Recorded in Plat Book 120, at Page 99 of the Public Records of Miami-Dade County, Florida, More particularly described as follows: Begin at the Southeasterly comer of said Tract "8"; thence North 03 degrees] TOT' West along the East line of said Tract "8" for 344.29 feet; thence South 87 degrees 51 '41" West for 267.21 feet to the West line of said Tract "8"; thence along the boundary of said Tract "S" for the following described three (3) courses; (1) thence South 03 degrees 1 TOT' East for 362.32 feet to a point of curvature of a circular curve concave to the Northeast; (2) thence along the arc of said curve having a radius of 25 feet and a central angel of 100 degrees 40'53" for 43.93 feet to a point of reverse curve of a circular curve concave to the South; (3) thence along the arc of said curve having a radius of 3892.72 feet and a central angle 00 degrees 32 '21" for 240.46 feet to the Point of Beginning. o RM. 70955602 ~ i e . ""<< :;. RS' i~ill; · J .~ ~~ 1',1"", ~ ~I~ !~ 'Iii ,[1 ,il \[ii ; ~:o ~ ~ '~ I .~ i ~ Ig g ~ 1 ~. .. (I ~I Ii . i i . $ '$1 0 "1J 1!~ rl z [\) " t .... E I - :r: ;0 V) >>> ~~ ~!lI !~ !~ p< .~ "~ i~ ~. ~. . r i~ ~H ; J i~ ~ ! . i ~ I ~ ,-;:, :JiiI,'~ ~) tv ~ ~ 2 ~i ~I E :ii iP ',- 'II (':- i~ ~-t~ fi : I 1',- T) ~ ;> i ~ ~ r:1=!!~.~:!~..::-.....o . I..E':~~Ju ~ '.', Ii' , '- "'-~- ,;. c:::J I' ~ ~:.. * g U : I ~_. I i I~._ br I !:! ~ ':: . ~ ~ ; '; or c:r t:::r::1..1 S "" l g ~ ~ lZ \lll\f\N'~ ill ~!~ .i~ .~o .0 . ~_ i! )o'~ pi# ...,..! ;~ o::~ :c~ B<~ .~ ' . ~i .: .: ,q ~ .' ~~~~ ~ ~ E-S "0" 8 . g~~~ ~ .~ ~EiI ~ '"; ! ~HPp II Ii Ii I~ I !Hli! ia l . 'i~~ tt;tilCl=l J~ !~ 6 a~ ~ ~h ii'~ 6 OJ ~i ~ ~ ~i t:J ...... > ~;Sj ~ ~~ ~ I ! ~ ~~ ~~ :>i" is H~~~ ~;; ~ %;;1 ~ i~i ~ . . . . ~ I r I J. .. . Ii Exhibit #4 01-CU-l0 ~~f;~ H H ~~ n ~ n n n ~~~ ".~~~ , , , ' ~ ' " "',.' ".' (.;J!!!~I["''';:;",:>;~~ ~~-::. .'l~" ~~~,! ,,~ ' 'g~ ~8'lq n ~ ~~ n a .q i I' · d~i ~t. ~:l..'~" 2 .~ . i ! ~"'. ,~:_ . . . lI' ~ ~ . ". . ~ B,.~ ~".na.' p :1<- "r- sij.d~p.~ ~~pe~ : i~PH~~ i ~~ '. ~~:~ ~ 1 ~ zl~ c; i;J ...~s"as~~ li~Hi'~~ H ~! ;;:~~, "I'!l'i;i,,;ci ~ iI~~~:<." .~ ;1 ~~ H ;; li 9 ~ ~~ "~~ .. . " ~ I~ t~ ~ e .. I j lil~ ! .!J I\U inc :a;.... ...,1 .- ::;) :5!u ~I ><.... wc APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) ofthe City of Avenlura Land Development Code, this Appticant Representative Affidavit is hereby made and submitted. The undersigned authorized represenlative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if differenl) hereby lisls and identifies all persons representing the individual or entity applying for the Development Permit in connection with the applicallon, as fonows: DWAYJJ~ L. Dtcff'R-SDN II R oDU I t'\. S;' /Vef MCA/\ L21o.rt D. f -iUI) I j Relationship (i.e. Attorneys. Architects, Landscape Architects, Engineers, Lobbyists, Etc.) A-IIor i1ey . 1eYlO/'1J f< efJkr.ei1.IctIIIlQ.. )lA (V~VO (' " Name (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(1V) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS A DAY OF AfIC-I v , 20r/.. 0 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER By: By: (Signature) Name: Name: (Print) Titie: Title: Address: Address: ~~, ,~~ / '/ (i (Signa~hI.J (Print) j1 MT1fI ~ 7l/tJO /V./{t:N{JtJtv ~d .ff~9 11 J~~ \ ~ ".?is.:6 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared ~ <;6-'~ as the authorized epresentative of the Applicant and/or the owner of the property subject to the application, 'who being first by me duly SN , . did swe or affirm, that helshe executed this Affidavit for the purposes stated lherein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME thisjJ,day of ;If; I t AFFI //' ,2rf_D (~( 't)-!</ Notary)?t:d5fic State of F10ligp At Larn.-8 ~ Printed Name of Notary RN'IV, trJ //-"'t?e ~ My commission e ires: ~1}.r;.~!if;;;;~ ANN BOVARD . :~ MY COMMISSION # DO 731179 ..i:.~ EXPIRES: November 4,2011 . ,l'"nI'" Bonded Thru Notary Public Underwrttora BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71(b}(2)(ii) of the City of Aventura Land Developmenl Code. The undersigned Affiant hereby discloses that: (mark with .x. applicable portions only) ~. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the epplication will be presenled. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the applicalion will be presented. as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interesl in excess of 1 % of total assets or capital stock of Applicant or Representative; [I ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are nol ~sled on any national Of regional stock exchange) or joint venturer with the Applicant or Representative in any business venlure; [ 1 iii. The Applicant or Representative is a Cuent of a member of the City Commission or Board or a Qient of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Represenlative; I] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts 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, I ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS A DAY OF /(rI> It, v , 20(,b APPLICANT: By: Name: Title: (Signature) (Print) (Print) WITN, ESSMY, HANDTHIt; DAY OF #11 f-. PROPER1Y~W:ZE ' ( , ~' I By: . ". iviL ' , >. (Signature) ~~. ;rftJi.~ ~f~ '-';=) "The terms "Business Relationship,. 'Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. , 2r{e/ NOTARIZATION PROVISION STATE OF FLORIDA ) COUN1Y OF MIAMI-DADE) Before me, the undersigned authorlly, personally appeared .11lA- 7' U~. Affiant. ,ro being first. b me dUI.y SH.. om, did swear or affirm that he/she executed lhis Affidavit for !he purposes stated therein and that it is true and correct. i . , . ( \./ ~, /.' PL., AFFIANT /' SWOllNTOANDsuasC~BED..... ~ ..ft:'. tf,s M l..c>~ -:// ---:Jj /J tfi-~~Lj/ ffi~3 MYCOM:~S~~~~731179 ~~~e ~l,A:,.l EXPIRES: November 4, 2011 Printed Name of Notary '.Rf"n\'" Bonded Thru Notary Public Underwmers My commission expires: STATE OF FLORIDA ) COUNTY OF MIMlI.DADE) Before me, the undersigned authority, persooaHy appeared executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm thaI heJshe AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,2()(L Notary Pubtic State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes staled therein and thai it is true and correct. the Affiant. who being first by me duly swom, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,2()O_ Notary Plillic Slate of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIMlI-DADE) Before me, the undef5igned aUlhorily, persooally appeared executed this Affidavit for the purposes staled therein and that it is true and correct. the Affiant, wIlo bemg first by me duly sworn, dtd swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 200_. Notaty Public SllIte 01 Florida Al Large Printed Name of Notary My commissioo expires: BUSINESS RELATIONSHIP AFFIDA vir This Affidavit is made pursuant to Section 31-71(b)(2)(iQ of \he City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x. applicable portions only) ~. Affiant does no1 have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application wiD be presented. Affiant hereby discloses that it does have a Business Relationship with B member of the City Commission or B City Advisory Board to which the application will be presented, as follows: [ ] 2. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The natlJre of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets Of capital stock of Appficant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not fisted on any national or regional stock exchange) or joint venturer wiIlllhe Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a aient of another professional worki~ from \he same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Ctient of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and Imnsac:ts more than $10,000.00 of the business of the merrber of the City Commission or Board (or his or her employer) in a given calendar year, ( ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more thlV1 $25 .000.00 of the business of 1he Applicant or Representative in a given calendar year. WITNESS MY HAND THIS A DAY Of /diJ Il J v . Zo(/) APPLICANT: (Signature) (Print) (Print) WlTNESSMYHANDTHlts ... OAYOF #~I f..- PROPERTY~:{ , . ( ., .. V~ffJf~j r""J ~:::e: r7""~ti. is , ' "(~) 'The terms NBusiness Relationship, n .Client, n "Customer,' "Applicant,' "Representative" and Mlnterested Person. are defined in Section 2-395 aftha Aventura City Code. By: Name: Trtle: .if€J WITNESS MY HAND THIS Jl DAY OF A PR (!- .2ff9 . ted on Business Relationship Affidavn) By: (Signature Name: (Print) Title: (print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (print) By: (Signature} By: (Signature Name: (Print) Name: (Print) Title: (PrinQ Title: (Print) By: (Signature) By: (Signature TIlle: (Print) Title: (Print) Tdle: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) TiUe:___ (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) TiUe: (Print) Title: (Print) NOTE: 1) Use duplicate sheets If disclosure information for Representative varies 2) Applicants and Affl8nts are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 I (bX2Xiv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or COIIDnission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, 1I1e undersigned aulhority, personally appeared executedlhis Alfidav~ for lhe purposes staled therein ar1d 1hat it is lJIIe and correct. the Affiant who being first by me duly sworn, did swear or alfilm !hat helshe AFFIANT SWORN TO AND SUBSCRIBED before me !his _ day of 200_. Notary Public State or Rorida /lj Lacge Prinled Name of Nolary My commission expires' ~ubev-+M.~. \JeAVV\l',-, Berore me, 1he undersigned authority, per.;ooaIlyappeared ,',.. ""JI:.) .c; p((~ , executed this Affidavit for !he purposes staled therein and 1het it is IIIIe and STATE OF R:GRlBA ) lLL'",,, l S COUN1Y OF MlAMl-9ADE) ~ ~f 1St by me duly sworn, did swear or affirm lhal helstte SWORN TO AND SUBSCRIBED before me this ~ day of MA'L , 2OJfj. 0 . ~~-m -frJD..A Notary ~bllc Slate of Florida At Large ;rA/l\/L IY\. I'>PtTF S Prinled Name of Nolllly MycommissiooelCpires: tl-!l,.-2..U. c "OFFICIAL SEAL" JAMIE M. BATES NOTARY PUBLIC, STATE OF 'I.LiNOIS MY COMMISSION EXPIRES ""ir ,J STATE OF FLORIDA ) COUNlY OF M1AMI-DADE} Before me, 1he undersigned authority, personally appeared executed 1/118 Affidavit for !he purposes stated therein and Ih8I tt is true and correct. the Affiant. who being first by me duly sworn, did 1JWe8I<< atlirm that helshe ..) AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,2(X'-. NoIary Public Stale of Florida 4t Large Printed Name of NolaI)' My commission expres: STATE OF FlORIDA ) COUN1Y OF MIAMI-DADE) Before me, 1he undeIsigned authority, personally appeared exeaJled Ihis Affidavit for 1he purposes staled therein and ltIal it is true and cooect. Ihe Affiant who being first by me duly sworn, did swear or affirm lhal helshe AFFIANT SWORN TO AND SUBSCRIBED before me IIUs _ day of 200_. Notary Public Stale d Florida Al Large Prin1ed Name of Notary My commission expires: BUSINESS RELATIONSHIP AFFIDA vir This Aflidavi1 is made pursuant to Section 31-71(b)(2){iQ of the City of Avenlura Land Development Code. The undersigned Affiant hereby discloses that ,mart with 'x' applicable portions only) ~. Affiant does not have a Business Relationship \IMh any member of the City Commission or any City Advisory Board to which the application will be presented. Affiant hereby discloses thai it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: [ J2. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member selVes). The nature of the Business Relationship is as follows: [ ] i. Member of City ColllT1ission Of Board holds an ownership interest in excess of 1 % of total assets or capital stock of Appticant or Representative; [J Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not fisted on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; II iii. The Applicant or Representative is a Cfient of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member at the City Commission or Board; I J iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member at the City Commission or Board 'or of his or her employer) and transac1s 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 of the City Commission or Board is 8 Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicanl or Representative it a given calendar year. WITNESS MY HAND THIS ~ DAY OF /?rPIl, V ,2ort.b APPUCANT: By. Name: TrtIe: (Signature) (Print) (Print) W1TNESSMY,HANDTH1t" DAYOF #LJ t....-. PROPERTY~WNE1 ' . ( By. VV~~' f='-- ,. rJ ~:~: ~'r-tA i ~ " =J *The terms .Business Relationship, W .Client,. .Customer,~ "Applicanf,P "Representativew and "Interested Personware defined in Section 2-395 of the Aventura City Code. , zrfrJ WITNESS MY HAND THIS I ~ ~AY OF A f R / L REP~SENT A r: (lisfBJi on Busineea Relationship Affidavit) By: U':1 . f1L (Signature) Name: DWo/AJE L. D,Ja,{4 jJ (Print) TlIle: ATroR.JJEY (Print) By; (Signlture) (Print) (Print) Name: Tille: By: Name: Title: (Signature) (Print) (Print) (SignaWreJ (Print) {Print) By: TItle: Title: By: Title: (Signature) {Print} (Print) TIffe: By: (Signature) (Print) (Print) Tille: Title: .2040 By: (Signature Name: (PT1ntJ Title: (Print) By: {Signsture Name: (Print) Title' (Print) By: (SignafJJ18 Name: (Prfrrt) Title: (Print) By: (Signature TItle: (Print1 TIlle: (Print) By: (~ature Tille: (PrhY) Tille: (Print) By: (Signature Tille: (Print) Tille: (Print) NOTE: 1) Us. duplicate Iheets If cHscIosure fnfonnation for RlpIIItIrtative wries 2) Applicants and Aft"'tants are advised to ti:tneIy supplement this Affidavit pUrsuant to See. 31-71(b)(2Xiv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE~FlORlOA ) COUNTY,~~.II!~ ' ~ II,Cev - - D J~( 0< f) ;J B8fore me, lhe undetsi(lned eUlltorky, personally eppeaMd O~( L. /(JC! ~ AfIlanl wIlo ~ first by me _ sworn, ((0 IWlW or aIirm 81at belshe exewledlhill AIfidavll forlhe JlUI1lO9S$sta\ed Ihefeil and Ilat k is true and ~ t . 1J L Jti~ AP'R. ~ , !~ / SWORNTOANO~,~bebemelhls~dayof I L .~O ,/l).c' 1 \,;' ~ r.'~ iJ';'\ /J\t(>.V.f~l LOIS~~ART ( ~jk.' ~~A_f'L-{ h: : 1 Con;unISSlOIl DO 628285 ~ ~ SllIte of AolidlI All "1,~ .' Expires January 10, 2011 . .j -S ~.~~ I~-vr- "..... ..' BondodThruT"'YF....Insut1nco~70'9 Prin\edNameofNolaJy My CllIIIIli&lIkln expires' STATEOFFlORIOA ) COUNTY OF MIAMI-DAOE) Before me, tile und8llligned lIlllhori1y, pIlISOl18IIy &ppe8IIl(I flX9CUItd IIWs AltSavit for lhe JIUIJlOIlCIS 8l8ted 1herm end Ihat it is !lull and CClIIllCt the AfIian~ \Vho being firs( by me duly awom. did swear or affinn Ihat hellhe AfFIANT SWORN TO AND SUBSCRIBED before me !Ills _ day of ,20lL NoIlIy NIle Sl8Ie or Rorida /U large PlinIed Name of Notary My conmislIion 8lCpires: STATE OF FLORIDA ) COUNlY OF MIAMI-OADE) Beilre me, lhe UIIder1igned 8IIthority, \lllISOIl8Iy lIJlIle8Rld executed /Ills AfIldavit 10C' lhe plIJJlO8eS a!aIed therein and th8f it is true and 00II'lld. the AIianl. who being list by me dlAy sworn. did swell or alIIm lhfIt heIsbe :\ AFFlANT SWORN TOAND SUBSCRIBED befole me lhis _ day of . 20(L NataIy NlIic StIlle of Florida N. Large Pmted Narreof Notaly My CXlIlIII1issioo f!l!IJies' STATEOFFLORIOA ) COUNTY OF MIAMHJAOE) Befln me,lhe undel8igned aulhOOly, JlIIf8OI1dy appeal8d execuled Ihis Alid8Vlt tor lie jllIIpOS88lllaled Ihereit 8I\(llhat it is lJUe and conect the A1fiIIIl, MIo being fiIst by lI19 duly swom, lid swear or aftImllhat h8I5he AFFlANT SWORN TO AND SUBSCRIBED before me I1is _ day (# 20lL NoIaIy PItllic SIIIte of Rorida AI Large Pmled NIIne ofNolaly My comrrillsiG1l expires: BUSINESS RELATIONSHIP AFFIOA VIT* This Affidavit is made pursuant to Section 31-71(b)(2){ii) of the City of Aventura land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) ~. Affiant does no1 have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: [ J2. (List name of Commissioner or Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ J i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Appticant or Representative; [] ii. Member of City Commission or Board is a partner, co-shereholder (as to shares of a corporation which are nol fisted on any national or regional stock exchange) or joinl venturer with the Applicant or Representative in any business venture; [ 1 iii. The Applicant or Representative is a Ctient of e member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [1 v. The Applicant or Representative is a Customer of the member of the City Commission 01' Board (or of his or her employer) and tlllnsac1s 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, 11 vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS A DAY OF /di>d-, Cr .2ort.b APPLICANT: WITNESS MY HAND THIS (Signature) (Print) (Print) DAY OF ~LJ I- (_I Print) . t) . 2rfrJ By: Name: Title: i "The terms "Business Relationship,' .Client," .Customer: GApplicant,' "Representative" and Glnterested Person" are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS 19th. DAY OF April :'266:.... 2010 REPRESENTATIVE: (Listed on Business Relationship Affidavit) c9t\ By: ~ .s""~ (Signature) By: (Signature Name: Mark Sturgis (Print) Name: (Print) Title: Professional Land Surveyor (Print) Tide: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tide: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tide: (Print) By: (Signature) By: (Signature Title: (Print) Tide: (Print) Title: (Print) Tide: (Print) By: (Signature) By: (Signature Title: (Print) Tide: (Print) Title: (Print) Tide: (Print) By: (Signature) By: (Signature Title: (Print) Tide: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZA nON PROVISION STATE OF FLORIDA ) COUNTY OF-MtAMf'f7ABE) BROWARD ) Before me, the undersigned authority, personally appeared Mark Sturgis executed this Affidavit for the purposes staled therem and that it is true and correct the Affianl, who being first by me duly sworn, did swear or affirm that he/she ~~ ~.J: AFFIANT SWORN ,'\"\, P "I, Y 0 "",~t-!! "." l~m1% Notary Public - State of Florida ~. .. . ~ My Commission ExpiresApr 19.2011 \~ it! Commission # DO 665181 ""',9r.f.~,,'" Bonded Through NaIIonaI Notary Assn. prE ,~(t2010 N~S~ Mary Brereton Pnnted Name of Notary - I a \ My commission expires: Apfl l'1 11...0 l STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared execuled this Affidavit for the purposes slated therein and lhal it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public Slate of Flonda At Large Prinled Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE} Before me, the undersigned authority, personally appeared executed thiS Affidavit for lhe purposes slated lherein and lhal il is true and correct the Affiant, who being first by me duly sworn, did swear or affirm thaI he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public Stale of Florida At Large Printed Name of Notary My commission expires STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, lhe undersigned authority, personally appeared executed lhls Affidavit for lhe purposes staled therein and that it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public Stale of Florida At Large Prinled Name of Nolary My commiSSion expires RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE OF BEER AND WINE AT THE WALGREENS PHARMACY/DRUG STORE LOCATED AT 3007 AVENTURA BOULEVARD, CITY OF AVENTURA, 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; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Dwayne l. Dickerson on behalf of Walgreens Co., through Application No. 01-CU-10 is requesting conditional use approval to permit the sale of beer and wine at its existing pharmacy/drug store at 3007 Aventura Boulevard, City of Aventura, 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 A VENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale of wine and beer from an existing Walgreens pharmacy/drug 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 Tract US", Aventura Seventh Addition, as recorded in Plat Book 120, Page 99, of the Public Records of Miami-Dade County, more particularly described in Exhibit "A" to this resolution and known as municipal address 3007 Aventura Boulevard, City of Aventura. Resolution No. 2010-_ Page 2 Section 2. Approval of the request above is subject to the following conditions: 1. This approval shall be granted exclusively to the Walgreen Co. pharmacy/drug store at 3007 Aventura Boulevard, City of Aventura. 2. The use shall be established 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 sale of wine and beer shall be established in conjunction with the existing pharmacy/drug store. This conditional use approval shall terminate in the event the pharmacy/drug store use is terminated. 4. The applicant shall obtain a state 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 of the City Code. 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010-_ Page 3 PASSED AND ADOPTED this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of May, 2010 CITY CLERK Exhibit "A" That portion of Tract "S" of A VENTURA SEVENm ADDlTION, according to the Plat thereof, as Recorded in Plat Book 120, at Page 99 of the Public Records of Miami-Dade Cmmty, Florida, More particularly described as follows: Begin at the Southeasterly comer of said Tract "S"; thence North 03 degrees 17'07" West along the East line of said Tract "S" for 344.29 feet; thence South 87 degrees 51'41" West for 267.21 feet to the West line of said Tract "S"; thence along the boundary of said Tract "S" for the following described three (3) courses; (1) thence South 03 degrees 17'97" East for 362.32 feet to a point of cw-vature of a circular curve concave to the Northeast; (2) thence along the arc of said curve having a radius of25 feet and a central angel of 100 degrees 40'53" for 43.93 feet to a point of reverse curve of a circular ClHVe concave to the South; (3) thence along the arc of said curve having a radius of 3892.72 feet and a central angle of 3 degrees 32'21" for 240.46 feet to the Point of Beginning. RM:7095560:1 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, ICM City Manager TO: City Commission BY: Joanne Carr, AIC Community Development Director DATE: April 21, 2010 SUBJECT: Request of Miami-Dade County Public Library for Variance from Section 31-171 (b)(6) to allow forty-one (41) parking spaces for the new Northeast Library where a minimum of seventy-nine (79) parking spaces are required by Code on property located at 2930 Aventura Boulevard, City of Aventura (02-VAR-10) May 4,2010 City Commission Meeting Agenda Item '1-B RECOMMENDATION It is recommended that the City Commission approve the request for variance to permit forty-one (41) parking spaces for the Northeast Library where a minimum seventy-nine (79) parking spaces are required by Code with the following conditions: 1. Plans shall substantially comply with those submitted as follows: · Boundary Survey, Northeast Branch Library, prepared by Wool pert, Inc., dated June 30,2009, consisting of Pages 1 and 2, signed and sealed. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Cover Sheet, Sheet No. GO.01, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Exterior & Interior Renderings, Sheet No. GO.02, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Site Plan, Sheet No. A 1.01, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Exterior Elevations, Sheet No. A3.01, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. . "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Exterior Elevations, Sheet No. A3.02, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. . "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Landscape Plan, Sheet L2.01, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. . "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Vicinity Map, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. THE REQUEST The applicant, Miami-Dade County Public Library, is requesting Variance from Section 31.171 (b)(6) of the City's Land Development Regulations to allow forty-one (41) parking spaces where a minimum of seventy-nine (79) parking spaces are required by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Dade County, by Special Warranty Deed dated February 1, 1977 APPLICANT Julio Castro, Library Capital Development Coordinator, Miami-Dade Public Library ADDRESS OF PROPERTY 2930 Aventura Boulevard (See Exhibit #2 for Location Plan) SIZE OF PROPERTY Approximately 1.26 acres (54,842 sf) LEGAL DESCRIPTION Part Tract G, Aventura Second Addition, according to the plat thereof recorded in Plat Book 99, Page 21, of the Public Records of Miami-Dade County (See Exhibit #3 for complete Legal Description) Zoning 2 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: Properties to the East: Properties to the West: CF, Community Facilities District B2, Community Business District B2, Community Business District B2, Community Business District CF, Community Facilities District Vacant, former Library demolished Office Building Aventura Mall Retail Plaza Miami-Dade Fire Rescue Station Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently 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 Business and Office Business and Office Business and Office The Site - The subject site is located on the south side of Aventura Boulevard at NE 29 Avenue with municipal address 2930 Aventura Boulevard, City of Aventura. The Project - The applicant proposes to construct a 27,720 square foot new Northeast Branch Library Building to replace the building damaged in 2005 by Hurricane Wilma. The new library is designed to attain LEED Silver Certification. The site will contain the new building, courtyards, walkways connecting the site with the public sidewalks, landscaping and a new parking area. The new parking area to the east of the building and the landscaped area to the north of the building are to be constructed within an easement granted in 1977 from Aventura Mall Corporation. This easement was granted for the purpose of parking, drainage, landscaping, ingress and egress for the library site by vehicles and pedestrians. ANAL YSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Business and Office. This land use designation includes cultural facilities as intended uses. Citizen Comments - No written complaints from citizens have been received as of the date of writing of this report. 3 Community Development Department Analysis - The applicant proposes to construct a new Northeast Branch Library to replace the library building damaged in 2005 by Hurricane Wilma. The plans submitted include a building designed to attain LEED Silver certification along with site and landscape improvements. The new parking area contains (41) parking spaces, including three handicap spaces, located to the east of the library building. Section 31-171 (b)(6) of the City Code requires 1 space for each 350 square feet of building area, or, seventy-nine (79) parking spaces. The applicant requests approval of a variance to the City Code to permit the reduced number of parking spaces. The former library building was 25,100 square feet with fifty-three (53) parking spaces. In order to comply with current City Code parking stall size, drive aisle width and landscaped median size in parking lots, only forty-one (41) spaces fit into the parking easement area. The new building will be serviced by public transit, including the City's Aventura Express bus system. Section 31-171(a)(2) of the City Code requires that all off-street parking spaces for a building be located on the same parcel they are intended to serve. As an alternative, they may be located on a separate parcel not more than 300 feet from the use provided that the parking area is joined with the primary site and not sold or disposed of except in conjunction with the sale of the building. The applicant has provided the easement granted by Aventura Mall Corporation in 1977. This easement runs with the land. The requirements of this section of the Code are satisfied by the easement document. Criteria - The standards of review for variance requests are found in Section 31- 76(e)(1) through (5) inclusive of the City's Land Development Regulations. The City Code states that "a variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following [standards of review] are met.. . " The following is an analysis of Section 31-76(e) of the City Code as it relates to this request. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by particular physical condition of this property. The existing library, demolished after hurricane damage, had 53 parking spaces. In order to comply with current City Code, only 41 spaces now fit into the parking easement area. 4 (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions upon which the request for variance is based are unique to this parcel and would not be generally applicable to other property within the vicinity. The off-site parking within a defined easement area for public library use makes this request unique. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. More than forty-one (41) code compliant parking spaces are not physically possible on the easement parcel. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The rebuilding of the public library will be a benefit to the community. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The existing access to the former library site will be used for this rebuild project. The new, modern, LEED certified public library building with improved site and landscape amenities and improved connections to public sidewalks will benefit both public safety and property values in the vicinity. 5 MIAMI.. Carlos Alvarez, Mayor Miami-Dade Public library System 101 West Flagler Street Miami, Florida 33130-1523 305-375-BOOK www.mdp/s.org miamidade.gov January 12, 2010 City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 Re: Public Hearing Application for Variance or Modification of Condition of Variance City Code Section 31- 76: Request for Variance on Parking for Property Located at 2930 Aventura Boulevard, Aventura, FL 33189. To Whom It May Concern: Miami -Dade County is in the process of designing a new library facility to replace the facility destroyed by Hurricane Wilma on October 2005. The hurricane damaged building located at 2930 Aventura Boulevard, Aventura, FL 33180 has been demolished; in its place, the County intends to build a one story LEED Certified (Silver) Library facility of approximately 26,000 S.F. By means of this letter the County respectfully requests a variance for any additional parking spaces required beyond those available for its use on the area know as "Parcel B" on the Aventura Mall site. The County's right to use Parcel B is based upon an agreement between Aventura Mall Corporation and Dade County dated February 1, 1977 and recorded at Official Record 9583 Page 314 granting to the County a non-exclusive easement to use the area known as "Parcel B" as a "parking lot for automotive vehicles and for vehicular and pedestrian traffic to and from Parcel A." (See Attachment) The referenced agreement further provides that "Aventura hereby grants to County a non-exclusive easement to use Parcel D for ingress and egress of vehicular and pedestrian traffic to and from Parcel A." This agreement is in full force and effect and expressly runs with the land. It is also the intention of the County to re-design and upgrade the existing parking area according to all current codes and regulations. .~incerely, ~ '" "1~' ", I ".--.-- ..- .' i Julii E. Castro .' Library Capital Development Coordinator Miami Dade Public Library System 101 West Flagler Street Miami, FL 33130 <~i Exhibit #1 02-VAR-10 BROWARD COUNTY ..-.-.-.-. ," '. :. :. '. :. .. '. .. :. :. :. '. :. :. :. :. :. :. :. :. :. IVES DAIRY RD. :. , \ ...". n"IT Ir"":"'': n':-: '.-;: \ ~wrv "",'n ........., ....... ................. Gulfstream ' . YACHT CLUB DR. · Park . ~ . MARINA · COVE · CIRCLE · . \NE.R \N(>,.'< : . . DADE COUNTY ~/,) , 0 \ lJ' ~ I <i \ 7 I M WATERWAYS BUlnJ Waterways Shoppes 207 ST ~ '. :. :. :. :. :. .. .. .. " .. :. '. :. ;. .. ;. .. ;. :. .. ;. '. ;. >':. :. .. '. :. :. '. :. ':. ,:" 188 ST 192 ST. 190 ST. Loehmann's Fashion u..i Island ~ 0) C\J MIAMI GARDENS DR. LEGEND ci > -J OJ Z ~ UJ o o ci > -J OJ Z ~ UJ o o A1 Atlantic Ocean Roadways - - - - . . City Boundary -. -. - ZIP Code Boundary . - - - - - - - - -. Railroad ~ Exhibit #2 02-VAR-I0 LEGAL DESCRIPTION: D Tax Folio # 28-2203-025-0050 Subject Parcel (ORB 9577 PG 1701) Fee Simple a/k/a "Parcel A" (ORB 9583 PG 314) A portion of Tract G of AVENTURA, SECOND ADDITION, according to the plat thereof recorded in Plat Book 99 at Page 21, of the Public Records of Dade County, Florida, more particularly described as follows: Commence at the most Westerly corner of said Tract G; thence run S 13008'55" E, along the most Westerly line of said Tract G, for a distance of 35.42 feet to the point of intersection with the arc of a circular curve concentric with and 35.00 feet Southeasterly of the Northerly boundary of said Tract G as measured radially, said point of intersection being the Point of Beginning of the herein described parcel; thence continue to run S 13008'55" E, along the most Westerly line of said Tract G, for a distance of 247.80 feet to a point on a Southerly boundary of said Tract G; thence run N 76051'05" E, along a Southerly boundary of said Tract G, for a distance of 210.00 feet; thence run N 13008'55" W, parallel with the most Westerly line of said Tract G, for a distance of 267.50 feet; thence run S 76051'05" W, parallel with the most Westerly Southerly line of said Tract G, for a distance of 40.00 feet; thence run N 13008'55" W, parallel with the most Westerly line of said Tract G, for a distance of 2.90 feet to the point of intersection with the arc of a circular curve concentric with and located 35.00 feet South of the Northerly boundary of said Tract G as measured radially, the center of said curve bears S 19023'52" E from said point of intersection; thence run Southwesterly along the arc of said circular curve concentric with the Northerly boundary of said Tract G, having a radius of 3711.72 feet, through a central angle of 2038'51" for an arc distance of 171.51 feet to the Point of Beginning. Appurtenant Interests of Subject Parcel (3 Parcels) "Parcel B" (ORB 9583 PG 314) Non-Exclusive Easement for parking and ingress/egress to Subject Parcel. Permission to install utilities for and to Subject Parcel. D A portion of Tract G of AVENTURA, SECOND ADDITION, according to the plat thereof recorded in Plat Book 99 at Page 21, of the Public Records of Dade County, Florida, more particularly described as follows: Commence at the most Westerly corner of said Tract,G; thence run S 1300B'55" E, along the most Westerly line of said Tract G, for a distance of 2B3.22 feet to the point of intersection with a Southerly line of said Tract G; thence run N 76051'05" E, along a Southerly line of said Tract G, for a distance of 210.00 feet to the Point of Beginning of the herein described parcel; thence continue to run N 76051'05" E, along a Southerly line of said Tract G, for a distance of 88.53 feet to the point of intersection with the arc of a circular curve concave to the East, the center of which bears N 84030'22" E from said point of intersection; thence run Northerly along the arc of said circular curve concave to the East, having a radius of 509.81 feet, through a central angle of 11 005'05", for an arc distance of 98.63 feet to the point of reverse curvature with a circular curve to the left; thence run Northeasterly along the arc of said circular curve to the left, having a radius of 2357.66 feet, through a central angle of 4021 '09", for an arc distance of 179.10 feet to the point of intersection with a line that is 267.50 feet Northerly of an parallel with the aforesaid Southerly line of said Tract G; thence run S 76051'05" W, along a line that is 267.50 feet Northerly of and parallel with the aforesaid Southerly line of said Tract G, for a distance of 162.06 feet to the point of intersection with a line that is 210.00 feet Easterly of and parallel with the most Westerly line of said Tract G; thence run 5 13008'55" E, along a line that is 210.00 feet Easterly of and parallel with the most Westerly line of said Tract G, for a distance of 267.50 feet to the Point of Beginning. "Parcel C" (ORB 9583 PG 314) Permission to install utilities for and to Subject Parcel. Covenant by Miami-Dade County to furnish and maintain landscaping upon. =:J A portion of Tract G of AVENTURA, SECOND ADDITION, according to the plat thereof recorded in Plat Book 99 at Page 21, of the Public Records of Dade County, Florida, more particularly described as follows: Begin at the most Westerly corner of said Tract G, thence run S 13008'55" E, along the most Westerly line of said Tract G, for a distance of 35.42 feet, to the point of intersection with the arc of a circular curve concentric with and 35.00 feet Southeasterly of, the Northerly boundary of said Tract G as measured radially, the center of said curve bears S 22002'43" E from said point of intersection; thence run Northeasterly, along the arc of said circular curve, having a radius of 3711.72 feet, through a central angle of 2038'51", for an arc distance of 171.51 feet, to the point of intersection with a line that is 170.00 feet Easterly of and parallel with the most Westerly line of said Tract G; thence run S 13008'55" E, along said line that is 170.00 feet Easterly of and parallel with the most Westerly line of said Tract G for a distance of 2.9 feet to the point of intersection with a line that is 267.50 feet Northerly of and parallel with the most Westerly Southerly line of said Tract G; thence run N 76051'05" E, along a line that is 267.50 feet .Northerly of and parallel with the most Westerly Southerly line of said Tract G, for a distance of 202.06 feet, to the point of intersection with the arc of a circular curve concave to the Northwest, the center of which bears N 88043'42" W from said point; thence run Northeasterly, along the arc of said circular curve concave to the Northwest, having a radius of 2357.66 feet, through a central angle of 1022'51", for an arc distance of 56.82 feet to the point of intersection with the Northerly boundary of said Tract G, said Northerly boundary being a circular curve concave to the Southeast, the center of which bears S 16001'57" E from said point of intersection; thence run Southwesterly along the said Northerly boundary of said Tract G, and along the arc of said circular curve concave to the Southeast, having a radius of 3746.72 feet, through a central angle of 5055'44", for an arc distance of 387.71 feet to the Point of Be!1inning. "Parcel D" (ORB 9583 PG 314) Non-Exclusive Easement for ingress/egress to Subject Parcel. Permission to install utilities for and to Subject Parcel. =:J A portion of Tract G of AVENTURA, SECOND ADDITION, according to the plat thereof recorded in Plat Book 99 at Page 21, of the Public Records of Dade County, Florida, more particularly described as follows: Commence at the most Westerly corner of said Tract G; thence run Northeasterly along the Northerly boundary of said Tract G, and along the arc of a circular curve concave to the Southeast the center of which bears S 21057'47" E from said corner, having a radius of 3746.72 feet; through a central angle of 5055'44", for an arc distance of 387.71 feet to the point of intersection with the arc of a circular curve concave to the Northwest, the center of which bears S 89051'27"W from said point, said point of intersection also being the Point of Beginning of the herein described pal!:el of land; thence run Southwesterly, along the arc of said circular curve concave to the Northwest, having a radius of 2357.66 feet, through a central angle of 5044'00", for an arc distance of 235.92 feet to a point of reverse curvature with a circle curve to the left; .thence run Southwesterly along the arc of said circular curve to the left, having a radius of 509.81 feet, through a central angle of 11005'05" for an arc distance of 98.63 feet, to the point of intersection with the most Westerly Southerly line of said Tract G; thence run N 76051'05" E,. along the most Westerly Southerly line of said Tract G, for a distance of 44.32 feet to the point of intersection with the most Southerly Westerly boundary of said Tract G, said Westerly boundary being the arc of a circular curve, the center of which bears N81 039'40" E from said point of intersection; thence run Northeasterly along the Northeasterly prolongation of the most Southerly Westerly boundary of said Tract G and along the arc of said circular curve, having a radius of 810.00 feet, through a central angle of 17032'34", for an arc distance of 248.00 feet to the point of reverse curvature with the arc of a circular curve to the left; thence run Northeasterly along the arc of said circular curve to the left, having a radius of 414.45 feet, t~rough a central angle of 12010'45" for an arc distance of 88.06 feet, to the point of intersection with the Northerly boundary of said Tract G, said Northerly boundary being a circular curve concave to the Southeast, the center of which bears S 15025'15" E from said point of intersection; thence run Southwesterly along tte said Northerly boundary of said Tract G, and along the arc of said circular curve concave to the Southeast, having a radius of 3746.72 feet, through a central algle of 0036'42" for an arc distance of 40.00 feet to the Point of Beginning. Together with, A Reservation. in common with others, "...for access to service drive on west side or..." to,from, and for the Subject Parcel. Exhibit #3 02-VAR-l0 RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171(b)(6) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW FORTY-ONE (41) PARKING SPACES, WHERE A MINIMUM OF SEVENTY-NINE (79) PARKING SPACES ARE REQUIRED BY CODE FOR THE MIAMI-DADE COUNTY PUBLIC LIBRARY LOCATED AT 2930 A VENTURA BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned CF, Community Facilities District; and WHEREAS, the applicant, Miami-Dade County Public Library, through Application No. 02-VAR-10, is requesting variance from Section 31-171 (b)(6) of the City's Land Development Regulations to allow forty-one (41) parking spaces, where a minimum of seventy-nine (79) 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 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 variance from Section 31-171 (b )(6) of the City's Land Development Regulations to allow forty-one (41) parking spaces, where a minimum of seventy-nine (79) parking spaces is required by Code on property legally described as follows: Part Tract G, Aventura Second Addition, according to the plat thereof recorded in Plat Book 99, Page 21, of the Public Records of Miami-Dade County, Florida, City of Aventura, more particularly described in Exhibit "A" is hereby granted, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: · Boundary Survey, Northeast Branch Library, prepared by Wool pert, Inc., dated June 30, 2009, consisting of Pages 1 and 2, signed and sealed. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Cover Sheet, Sheet No. GO.01, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. Resolution No, 2010-_ Page 2 · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Exterior & Interior Renderings, Sheet No. GO.02, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Site Plan, Sheet No, A 1.01, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Exterior Elevations, Sheet No. A3.01, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Exterior Elevations, Sheet No. A3.02, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Landscape Plan, Sheet L2.01, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. · "Northeast Branch Library, New Library, 2930 Aventura Boulevard", Vicinity Map, prepared by Miami-Dade County General Services Administration, dated 4/20/10, signed and sealed 4/20/10. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3, Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: , who moved its I and upon being Commissioner lev Auerbach Commissioner Bob Diamond Commissioner Ter; Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010-_ Page 3 PASSED AND ADOPTED this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of May, 2010. CITY CLERK Exhibit "A" LEGAL DESCRIPTION: D Tax Folio # 28-2203-025-0050 Subject Parcel (ORB 9577 PG 1701) Fee Simple a/k/a "Parcel A" (OR8 9583 PG 314) A portion of Tract G of AVENTURA, SECOND ADDITION. according to the plat thereof recorded In Plat Book 99 at Page 21, of the Public Records of Dade County. Florida, more particularly described as follows: Commence at the most Westerly corner of said Tract G; thence run S 13008'55" E, along the most Westerly line of said Tract G, for a distance of 35.42 feet to. the point of intersection with the arc of a circular Curve concentric wIth and 35.00 feet Southeasterly of the Northerly boundary of said Tract G as measured radially, saId pomt of intersection being the Point of Beginning of the herein described parcel; thence contihue to run S 13008'55" E, along the most Westerly line of said Tract G, for a distance of 247.80 feet to a point on a Southerly boundary of said Tract G; thence run N 76051'05" E, along a Southerly boundary of said Tract G, for a distance of 210.00 feet; thence run N 1300B'55" W, parallel with the most Westerly line of said Tract G, for a distance of 267.50 feet; thence run S 76051'05" W, parallel with the most Westerly Southerly line of said Tract G, for a distance of 40.00 feet; thence run N 13008'55" W, parallel with the most Westerly hne of said Tract G, for a distance of 2.90 feet to the point of intersection with the arc of a circular curve concentric with and located 35.00 feet South of the Northerly boundary of saId Tract G as measured radially, the center of said curve ~ars S 19023'52" E from said point of intersection; thence run Southwesterly along the arC of said circular curve concentric with the Northerly boundary of said Tract G, havmg a radius of 3711.72 feet, through a central angle of 2038'51" for an arc distance of 171.51 feet to the Point of BeginOlng. Appurtenant Interests of Subject Parcel (3 Parcels) "Parcel B" (ORB 9583 PG 314) Non-Exclusive Easement for parking and ingress/egress to Subject Parcel. Permission to install utilities for and to Subject Parcel. D A portion. of Tract G of AVENTURA, SECOND ADDITION, according to the plat thereof recorded in Plat Book 99 at Page 21. of the Public Records of Dade County, FlOrida, more particularly described as follows: Commence at the most Westerly corner of said Tract.G; thence run S 13008'55" E, along the most Westerly line of saId Tract G, for a distance of 283.22 feet to the point of mtersection with a Southerly line of said Tract G; thence run N 76051 '05" E, along a Southerly Ime of said Tract G, for a distance of 210.00 feet to the Point of Eleginning of the herein described parcel; thence contmue to run N 76051'05" E, along a Southerly line of said Tract G, for a distance of 88.53 feet to the point of intersection with the arc of a circular curve concave to the East, the center of which bears N 84030' 22" E from said point of intersection; thence run Northerly along the arc of said circular curve concave to the East, having a radius of 509.81 feet, through a central angle of 11005'05", for an arc distance of 98.63 feet to the point of reverse curvature with a CIrcular curve to.the left; thence run Northeasterly along the arc of said CIrcular curve to the left, having a radius of 2357.66 feet, through a central angle of 4021 '09", for an arc distance of 179.10 feet to the point of intersection WIth a line that IS 267.50 feet Northerly of an parallel with the aforesaid Southerly line of said Tract G; thence run S 76051'05" W, along a line that is 267.50 feet Northerly of and parallel with the aforesaid Southerly line of said Tract G, for a distance of 162.06 feet to the point of intersection with a line that is 210.00 feet Easterly of and parallel with the most Westerly line of said Tract G; thence run 5 13008'55" E, along a line that IS 210.00 feet Easterly of and parallel WIth the most Westerly line of said Tract G, for a distance of 267.50 feet to the Point of Beginning. "Parcel C" (ORB 9583 PG 314) Permission to Install utilities for and to Subject Parcel. Covenant by Miami-Dade County to furnish and maintain landscaping upon. D A portion of Tract G of AVENTURA, SECOND ADDITION, according to the plat thereof recorded In Plat Book 99 at Page 21, of the Public Records of Dade County, FlOrida, more particularly described as follows: Begin at the most Westerly corner of said Tract G, thence run S 13008'55" E, along the most Westerly line of said Tract G, for a distance of 35.42 feet, to the point of lOtersection WIth the arc of a CIrcular curve concentric with and 35.00 feet Southeasterly of, the Northerly boundary of said Tract G as measured radially, the center of said curve bears S 22002'43" E from said point of intersection; thence run Northeasterly, along the arc of said circular curve. having a radiUS of 3711.72 feet, through a central angle of 2038'51 ", for an arc distance of 171.51 feet, to the point of intersectIon WIth a line that is 170.00 feet Easterly of and parallel WIth the most Westerly line of said Tract G; thence run S 13008'55" E, along said line that is 170.00 feet Easterly of and pa.-allel with the most Westerly line of said Tract G for a distance of 2.9 feet to the point of Intersection WIth a line that is 267.50 feet Northerly of and parallel WIth the most Westerly Southerly line of said Tract G; thence run N 7&051'05" E, along a line that is 267.50 feet Northerly of and parallel with the most Westerly Southerly line of said Tract G, for a distance of 202.06 feet, to the point of intersection with the arc of a circular curve concave to the Northwest, the center of which bears N B8043'42" W from said point; thence run Northeasterly, along the arc of saId CICcular curve concave to the Northwest, having a radius of 2357.66 feet, through a central angle of 1022' 51", for an arc dIstance of 56.82 feet to the point of intersectIon with the Northerly boundary of said Tract G, said Northerly boundary being a circular curve concave to the Southeast, the center of which bears S 16001'57" E from saId point of intersectIon; thence run Southwesterly along the said Northerly boundary of said Tract G, and along the arc of said circular curve concave to the Southeast, having a radius of 3746.72 feet, through a central angle of 5055'44", for an arc distance of 387.71 feet to the Point of BeginnlOg. "Parcel D" (ORB 9583 PG 314) Non-Exclusive Easement for ingress/egress to Subject Parcel. Permission to install utilities for and to Subject Parcel. D A portIon of Tract G of AVENTURA, SECOND ADDITION, according to the plat thereof recorded In Plat Book 99 at Page 21, of the Public Records of Dade County, Flonda, more particularly described as follows: Commence at the most Westerly corner of said Tract G; thence run Northeasterly along the Northerly boundary of said Tract G. and along the arc of a CIrcular curve concave to the Southeast the center of which bears 5 21057'47" E from saId corner, having a radius of 3746.72 feet; through a central angle of 5055'44", for an arc distance of 387.71 feet to the point of intersection WIth the arc of a circular curve concave to the Northwest, the center of which bears S 89051'27"W from saId point, said point of intersection also being the Point of BegInning of the herein described pan:el of land; thence run Southwesterly, along the arc of said circular curve concave to the Northwest, having a radius of 2357.66 feet, through a central angle of 5044'00", for an arc distance of 235.92 feet to a point of reverse curvature with a circle curve to the left; thence run Southwesterly along the arC of saId circular curve to the left, having a radius of 509.81 feet, through a central angle of 11 oOS'05" for an arc distance of 98.63 feet, to the point of intersectIon with the most Westerly Southerly line of said Tract G; thence run N 76051'05" E, along the most Westerly Southerly line of said Tract G, for a distance of 44.32 feet to the point of intersection with the most Southerly Westerly boundary of said Tract G, saId Westerly boundary being the arc of a CIrcular curve, the center of which bears N 81 039'40" E from said point of intersection; thence run Northeasterly along the Northeasterly prolongation of the most Southerly Westerly boundary of saId TractG and along the arc of said circular curve, having a radius of 810.00 feet, through a central angle of 17032'34". for an arc distance of 248.00 feet to the pOInt of reverse curvature with the arc of a circular CUrve to the left; thence run Northeasterly along the arc of said circular curve to the left, having a radius of 414.45 feet, t~rough a central angle of 12010'45" for an arc distance of 88.06 feet, to the point of tOtersect.on with the Northerly boundary of said Tract G, said Northerly boumary being a circular CUrve concave to the Southeast. the center of which bears S 15025'15" E from said potOt of Intersection; thence run Southwesterly along ttr said Northerly boundary of said Tract G, and along the arc of said Circular curve concave to the Southeast, haVIng a radius of 3746.72 feet, through a central algle of 0036'42" for an arc distance of 40.00 feet to the Point of BegtOning. Together With, A Reservation, to common With others, .for access to service drive on west side of..." tO,from, and for the Subject Parcel. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission BY: Eric M. Soroka, ICMA-CM City Manager Joanne Carr, AIC~ . Community Development Director FROM: DATE: April 7, 2010 SUBJECT: Request of Marina Condominium Association, Inc., for (1) Variance from Section 31-171 (b)(5) to allow four (4) parking spaces where a minimum of nineteen (19) parking spaces are required by Code; (2) Variance from Section 31-172(c)(2) to allow a driveway separation of 127', where a minimum separation of 150' is required by Code; and (3) Variance from Sec. 31-221 (i)(2) to allow a 0 foot wide landscaped buffer along the east side of the parking area, where a minimum 7 foot wide landscaped buffer is required by Code, all on the property located on the east side of NE 34 Avenue between N Country Club Drive and NE 207 Street, City of Aventura (01-VAR-10) May 4, 2010 City Commission Meeting Agenda Item 1 C RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the request for variance to permit four (4) parking spaces where a minimum nineteen (19) parking spaces are required by Code; and 2. Approve the request for variance to permit a driveway separation of 127 feet, where a minimum separation of 150 feet is required by Code; and 3. Approve the request for variance to permit a 0 foot wide landscaped buffer along the east side of the parking area, where a minimum 7 foot wide landscaped buffer is required by Code subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "The Aventura Marina Parking Facility", Cover Sheet, Sheet 1 of 11, Drawing No 00.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 12/10/09, signed and sealed 3/22/10. . "Aventura Marina", Topographic Survey, Sheet 1 of 2, prepared by PBS&J, dated 4/10/09, updated 10/14/09. . "Aventura Marina", Topographic Survey, Sheet 2 of 2, prepared by PBS&J, dated 4/10/09, updated 10/14/09, signed and sealed. . "The Aventura Marina Parking Facility", Notes and Legend, Sheet 2 of 11, Drawing No. 18.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Soil and Sedimentary Control Plan, Sheet 3 or 11, Drawing No. 19.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 12/10/09, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Site Plan, Sheet 4 of 11 Drawing No. 20.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Signing and Striping Plan, Sheet 5 of 11 Drawing No. 20.02, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Paving and Drainage Plan, Sheet 6 of 11 Drawing 21.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 2/19/10, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Details, Sheet 7 of 11, Drawing No. 28.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10, approved as noted. . "The Aventura Marina Parking Facility", Tree Management Plan, Sheet L T-1, prepared by Savino Miller Design Studio, Landscape Architect, dated 10/14/09, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility," Planting Plan and Details, Sheet LP-1, prepared by Savino Miller Design Studio, dated 5/14/09, signed and sealed 3/22/10. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission, 3. Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. 2 THE REQUESTS The applicant, Marina Condominium Association, Inc., is requesting the following (See Exhibit #1 for Letter of Intent): 1. Variance from Section 31.171 (b)(5) of the City's Land Development Regulations to allow four (4) parking spaces where a minimum of nineteen (19) parking spaces are required by Code. 2. Variance from Section 31.172(c)(2) of the City's Land Development Regulations to allow a driveway separation of 127 feet, where a minimum separation of 150 feet is required by Code. 3. Variance from Section 31.221(i)(2) of the City's Land Development Regulations to allow a 0 foot wide landscaped buffer along the east side of the parking area, where a minimum 7 foot wide landscaped buffer is required by Code. BACKGROUND OWNER OF PROPERTY Marina Condominium Association, Inc. APPLICANT Marina Condominium Association, Inc. c/o Gerald SChreiber, Jerome Lowen ADDRESS OF PROPERTY East side of NE 34 Avenue, north of North Country Club Drive and south of NE 207 Street (See Exhibit #2 for Location Plan and Exhibit #3 for Site Photographs) SIZE OF PROPERTY Approximately 0.05 acres (2,380 SF) LEGAL DESCRIPTION See Exhibit #4 for Legal Description Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: RMF4, Multifamily High Density Residential District B2, Community Business District RS2, Residential Single Family CNS, Conservation District RMF4, Multifamily High Density Residential District 3 Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Marina Condominium Commercial Vacant Water Residential Condominium Future land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Medium High Density Residential Property to the North: Business and Office Property to the South: Medium High Density Residential Property to the East: Water Property to the West: Medium High Density Residential The Site - The subject site is located on the east side of NE 34 Avenue between North Country Club Drive and NE 207 Street. The Project - The applicant proposes to construct four (4) parking spaces, including one handicap space, at the existing 27-slip condominium marina. The parking area will be landscaped with trees, shrubs and groundcover. ANAL YSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Medium High Density Residential. This marina was constructed in the 1970's for the use of city residents. Citizen Comments - No written complaints from citizens have been received as of the date of writing of this report. Community Development Department Analysis - The applicant proposes to construct four (4) parking spaces, including one handicap space, at the existing 27-slip Aventura Marina condominium in the RMF4 District. The use is a lawful non-conforming use, having existing prior to enactment of the City Code and continuing uninterrupted to this date. Following review of the site plan by City staff, the applicant was advised that three (3) site development criteria of the City Code have not been met, those being; the minimum number of parking spaces required, the minimum landscaped buffer around the perimeter of the parking area and the minimum separation between driveways. The applicant has requested approval of variances to these three criteria. Criteria - The standards of review for variance requests are found in Section 31- 76(e)(1) through (5) inclusive of the City's Land Development Regulations. The Code states that "a variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following [standards of review] are met..." Each variance request is evaluated below using those standards of review. 4 Request #1: Variance from Section 31.171 (b)(5) of the City's land Development Reaulations to allow four (4) parkina spaces where a minimum of nineteen (19) parkina spaces are required bv Code. The privately owned slips were built in the early seventies, prior to incorporation of our City. No parking spaces were required at the time of development. Historically, marina slip owners parked their vehicles on the vacant lot to the south, however, this property was sold and has been approved for development. No parking area now exists for the marina slip users. The following is an analysis of Section 31-76(e) of the City Code as it relates to this request. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant advises that the hardship at this location is caused by particular physical surroundings of this property. If the 27 slips were built today, the off-street parking requirement in Section 31-171 of the City Code is 19 parking spaces. Because the marina site is almost entirely water, only four spaces can be physically fit on the site. The site is surrounded by streets, water, and private property. Providing the additional 15 spaces is more than a hardship; the physical and environmental condition of the specific property involved make adding more than four spaces impossible. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The applicant advises that the 40-year history of this marina leading to this request is unique. There are other marinas without parking for owners, but those slip owners are required to live adjacent to the marina. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not othelWise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The applicant would like to add more spaces, but more than four spaces is not physically possible. 5 (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The applicant states that providing four spaces will be a greater public benefit than allowing no spaces. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The applicant states that allowing four parking spaces for a forty-year old marina will have no effect on congestion or public safety issues. Request #2: Variance from Section 31.172(c)(2) of the City's Land Development Reaulations to allow a driveway separation of 127 feet. where a minimum separation of 150 feet is required bv Code. The block between North Country Club Drive and NE 207 Street is approximately 385 feet. With one driveway already existing in that block, any other proposed driveway will need a variance from this section due to the configuration of the area. The following is an analysis of Section 31-76(e) of the City Code as it relates to this request. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant advises that the hardship at this location is caused by particular physical surroundings of this property. The distance between the two driveways is limited by North Country Club Drive on the south and NE 207 Street on the north. The physical condition of the specific property involved makes 127 feet the maximum separation physically possible. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. 6 The applicant advises that a lawful non-conforming use on a collector street that requires retrofit of a driveway makes this request unique. The combination of the retrofit of a driveway for an existing use with the physical constraints of this site would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The applicant states that the distance between the two proposed driveways is as large as physically possible. If onsite parking is to be provided, this is the optimal access point. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The applicant states that providing a driveway to four parking spaces separated by 127 feet, instead of 150 feet, from a courtyard driveway for five single family homes will have no effect on the public welfare or be injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The applicant states that they have provided a traffic analysis by a professional engineer which concludes that the 127 feet instead of 150 feet of separation between the marina driveway into four parking spaces and the proposed courtyard driveway, both of which will be right turn in and right turn out, will have no effect on congestion or public safety issues. The City's Traffic Engineer agrees with the traffic analysis. Reauest #3: Variance from Section 31.221 (i)(2) of the City's Land Development Reaulations to allow a 0 foot wide landscaped buffer alona the east side of the parkina area, where a minimum 7 foot wide landscaped buffer is reauired bv Code. The four parking spaces will be constructed within the narrow property between the right of way of NE 34 Avenue and the seawall at the water. There is approximately 38 feet between the right-of-way and the bulkhead at the water. The four spaces, which needed to include one handicap space, must fit between these constraints. The following is an analysis of Section 31-76(e) of the City as it relates to this request. 7 (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant advises that the hardship at this location is caused by particular physical surroundings of this property. The City Code requires that one of the four parking spaces be a handicap space. There is insufficient room between the parking space and the boat slips to include the seven foot wide buffer and the adjacent five foot paved surface required by the handicap space. This situation is not a matter of inconvenience; if the application was reduced to three spaces, there would not be a need for this variance, but the variance for the number of spaces would increase from fifteen to sixteen. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The applicant advises that the physical conditions on this site require a choice between foregoing the seven foot buffer adjacent to this handicap space and its back-out area and reducing the number of spaces from four to three. The circumstance of a lawful non-conforming use requiring a choice between a variance for a portion of the vegetative buffer and a variance for three spaces instead of four, out of 19 required, would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The applicant states that the vegetative buffer between the handicap space and the boat slips is a minor expense. The variance is requested because of the physical size and shape of the property coupled with the need to provide a handicap space. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The applicant states the absence of the vegetative buffer in this location will be visible only from the marina and occurs in one area of the site only. The required seven-foot buffer will be planted around the rest of the parking lot. The handicap space is adjacent to two boat slips, making the vegetative buffer in this particular location difficult to see even from the marina. The absence of vegetation adjacent to the handicap space will have no effect on the public welfare or be injurious 8 to other property or improvements in the vicinity. For traffic and pedestrian safety purposes, a guardrail will be constructed at the seawall. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. The applicant states that the absence of the vegetative buffer in this particular location between the boat slips and the handicap space will have no effect on congestion, will not endanger public safety, and will not diminish or impair property values in the area. 9 we deliver creative and effective business solutions and counsel BERGER SINGERMAN attorneys at law Boca Raton Fort Lauderdale Miami Tallahassee Samuel E. Puole, III (954) 712-5153 SPool e@bergersingerman.com March 16,2010 BECE\\iEO M~~ L 2 ?mo VIA E-MAIL AND U.S. POSTAL SERVICE em'" Ms. Joanne Carr, Community Development Directo City of A ventura 19200 'West Country Club Drive A ventura, r'lorida 33180 Exhibit 1 01-VAR-l0 Re: Letter ofIntent for Variances to Build Four Parking Spaces for Existing Condominium Marina Dear Ms. Carr: This letter of intent is submitted in connection with an application for variances to build four parking spaces at the existing 27-slip condominium marina located in the waterway immediately east ofNE 34th Avenue and south of207th Street. Providing parking to this nearly forty-year old grandfathered marina requires three variances: 1. Variance to build four spaces instead of 19 required by Sec 31-171 of the City Code; 2. Variance to build the driveway into the four spaces 127' from a planned driveway into an adjacent property instead of the 150' separation required by Sec 31-l72.(c); and, 3. Variance from the seven foot wide vegetative buffer around parking lots required by Sec. 31-221.(i)(2) for the area between the handicap parking space and the boat slips. The standards of review for requests for variances is provided in Sec. 31-76.(e) of the City Code. The Code states that; A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regularions were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale. Florida 33301 Telephone 954.525.9900 Facsimile 954 523.2872 Ms. Joanne Carr, Community Development Director March 16, 2010 Page 2 (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. A brief history of the marina condominium is helpful in responding to the five criteria. The privately owned slips were built in 1971-72, pursuant to Dade County permits, prior to A ventura becoming a municipality. Over the years, parking occurred on an informal basis along a then much narrower 34th Avenue, and on the undeveloped area on the south side of the slips. With the widening of 34th A venue some years ago and the pending construction of five single family residences in the adjacent property to the south, the maturing of A ventura has consumed the informal parking that was never an issue, and the slip owners now want to build as many parking spaces as possible on the site. With respect to the request for four instead of 19 spaces, the responses to the criteria are as follows: 1) Hardship. If the 27 slips were built today, the off-street parking requirements (Section 31-171) of the A ventura Code would require 19 parking spaces. Because the marina site is almost entirely water, only four spaces can be reasonably be fit on the site. The site is surrounded by streets, water, and private property. Providing the additional 15 spaces is more than a hardship; the physical and environnlental condition of the specific property involved make adding more than four spaces impossible. 2) Conditions unique to the parcel. The 40-year history of this marina leading to this request is unique. There are other marinas without parking for owners, but those slip owners are required to live adjacent to the marina. 3) Hardship is not economic. The applicant would like to add more spaces, but more than four spaces is not physically possible. 4) The variance will not be detrimental to the public. Providing four spaces will be a greater public benefit than allowing no spaces. 5) The variance will not substantially increase congestion or endanger the public safety. Allowing four parking spaces for a forty-year old marina will have no effect on congestion or public safety issues. The second variance request is for 127' instead of 150' of separation between the driveway into the four spaces and the single driveway into the courtyard for the proposed five residences to the south. The responses to the criteria are as follows: 1) Hardship. The distance between the two driveways is limited by Country Club Drive on the south and 207 Street on the north. The physical condition of the specific property we deliver creative and effective business solutions and counsel BE RGE R SINGERMAN attorneys at law Boca Raton Fort Lauderdale Mlaml Tallahassee Ms. Joanne Carr, Community Development Director March 16,2010 Page 3 involved makes 127' the maximum separation physically possible. 2) Conditions unique to the parcel. A grand fathered approved use on a collector street that requires retrofit of a driveway is probably unique in A ventura. The combination of the retrofit of a driveway for an existing use with the physical constraints of this site certainly would not be generally applicable to other property within the vicinity. 3) Hardship is not economic. The distance between the two proposed driveways is as large as physically possible. If onsite parking is to be provided, this is the optimal access point. 4) The variance will not be detrimental to the public. Providing a driveway to four parking spaces separated by 127' (instead of 150') from a courtyard driveway for five single family homes will have no effect on the public welfare or be injurious to other property or improvements in the vicinity. 5) The variance will not substantially increase congestion or endanger the public safety. The applicant has provided a traffic analysis by professional engineer which concludes that the 127' instead of 1 50' separation between the marina driveway into four parking spaces and the proposed courtyard driveway, both of which will be right turn in and right turn out, will have no effect on congestion or public safety issues. The responses to the criteria for the requested variance from the seven foot wide vegetative buffer around vehicle use areas between the required handicap parking space and the boat slips are as follows: 1) Hardship. The city code requires that one of the four parking spaces be a handicap space. There is insufficient room between the parking space and the boat slips to include the seven foot wide buffer and the adjacent five foot paved surface required by the handicap space. This situation is not a matter of inconvenience; if the application was reduced to three spaces, there would not be a need for this variance, but the variance for the number of spaces would increase from fifteen to sixteen. 2) Conditions unique to the parcel. The physical conditions on this site require a choice between foregoing the seven foot buffer adjacent to this handicap space and its backout area and reducing the number of spaces from four to three. The circumstance of a grandfathered use requiring a choice between a variance for a portion of the vegetative buffer and a variance for three spaces instead of four (out of 19 required) would not be generally applicable to other property within the vicinity. 3) Hardship is not economic. The vegetative buffer between the handicap space and the boat slips is a minor expense. The variance is requested because of the physical size and shape of the property coupled with the need to provide a handicap space, 4) The variance will not be detrimental to the public. The absence of the vegetative buffer we deliver creative and effective business solutions and counsel BE RGE R SINGE RMAN attorneys at law Boca Raton Fort Lauderdale Mlami Tallahassee Ms. Joanne Carr, Community Development Director March 16,2010 Page 4 in this location will be visible only from the marina. The seven-foot buffer will be planted around the rest of the parking lot. The handicap space is adjacent to two boat slips, making the vegetative buffer in this particular location difficult to see even from the marina. The absence of vegetation adjacent to the handicap space will have no effect on the public welfare or be injurious to other property or improvements in the vicinity. 5) The variance will not substantially increase congestion or endanger the public safety, The absence of the vegetative buffer in this particular location between the boat slips and the handicap space will have no effect on congestion, will not endanger public safety, and will not diminish or impair property values in the area. The requested variances in connection with the four parking spaces are the minimum variances possible to accomplish the benefit of providing some parking at the marina with no adverse impacts on congestion, public safety or adjacent property values. The applicant explored alternative configurations with city planners and engineers to try to fit more spaces on the property, but more no more than four will fit. Sincerely, BERGERSINGE~ 1:)_ [' ~CJU~:}\' Samuel E. Poole, III 2693369-1 we deliver creatlve and effective business solutions and counsel BE RGE R SINGE RMAN attorneys at law Boca Raton Fort Lauderdale Miami Tallahassee BROWARD COUNTY ..-.-.-.-. ," .. :. :. .. :. '. :. :. :. :. .. .. .. i. ,. :. .. :. :. .. :. IVES DAIRY RD. :. :. '. :. ;. '. :. ,. .. :. :. :. :. :. '. :. :. :. :. :~ :;;.;,1. :. :. :. ",. i. :. .. :. .. :. ,:. ..-... /" DADE COUNTY MIAMI GARDENS DR. ..../ 201 TER. ci > -J II) 2 ~ W o o AVENTURA '0\...'.]'0. Fire I D Rescue Aventura Station Library Aventura Mall 192 ST. 192 ST. 191 ST. Loehmann's Fashion W island ~ (J) C\J 1 90 ST 188 ST ci > -J II) Z ~ w o o A1 Atlantic Ocean LEGEND Roadways - - - - - . City Boundary -. -. - ZIP Code Boundary . - - -- - -- - -- Railroad .... Exhibit 2 01-VAR-l0 Exhibit 3 01-VAR-l0 lH HHIt tilt'. 1'"t1\ir.tu; , ~ ~ ~ '\ \." till ".'"" \!.'_\~-':\\\\',~ . I , l Exhibit 4 01-VAR-l0 All of A VENTURA MARINA CONDOMINUM NO.1, a Condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 8096, page 876 of the Public Records of Miami-Dade County, Florida, except that property conveyed out as follows: Unit 1 conveyed in O.R. Book 11431, page 1652 and in corrective deed in O.R. Book 11482, page 1732. Unit 2 conveyed in O.R. Book 17656, page 1357 Unit 3 conveyed in O.R. Book 17656, page 1424 Unit 4 conveyed in O.R. Book 20825, page 4894 Unit 5 conveyed in O.R. Book 20587, page 103 Unit 6 conveyed in O.R. Book 23587, page 3470 and O.R. Book 23678, page 1359 Unit 7 conveyed in O.R. Book 26857, page 4670 Unit 8 conveyed in O.R. Book 19173, page 600 Unit 9 conveyed in O.R. Book 23416, page 3669 Unit 10 conveyed in O.R, Book 18972, page 4815 Unit 11 conveyed in O.R. Book 20372, page 3264 Unit 12 conveyed in O.R. Book 23416, page 3877 Unit 13 conveyed in O.R. Book 20182, page 2379 Unit 14 conveyed in O.R. Book 20523, page 3842 Unit 15 conveyed in O.R. Book 20487, page 1413 Unit 16 conveyed in O.R. Book 18927, page 3656 Unit 17 conveyed in O.R. Book 20450, page 3166 Unit 18 conveyed in O.R. Book 24182, page 4389 Unit 19 conveyed in O.R. Book 23] 73, page 2434 2235466-5 Unit 20 conveyed in O,R, Book 17568, page 2442 and O,R. Book 17587, page 1994 Unit 21 conveyed in O.R. Book 21437, page 2840 Unit 22 conveyed in O.R. Book 17535, page 1427 Unit 23 conveyed in O.R. Book 17535, page 1431 Unit 24 conveyed in O.R. Book 23416, page 3806 Unit 25 conveyed in O,R. Book 23416, page 4166 Unit 26 and 27 conveyed in O.R. Book 20155, page 3480 2235466-5 a ~..,....... APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land DeveIopmant Code, this Applicant Representative Affidavit is hereby made and submiUed. The undersigned authorized representeUve or the individual or enlily applying for the Development Permit. which is identified in the accompanying applicatlon, and the owner of the property subject to the application (W diffemnt) hereby rills and identifies all persons representing the individual 01' entity applying for the Development Permit In connection will the application. as follows: Name Relationship (I.e. Attorney" Archftect,. Landscape Architect$, Englne"n, Lobbyl!ts. Etc.) ~..rgpr ~;T'lgpnns:ln/~::lTnm" F. Pnn1e, ITT A'M'ORNRV Langan Engineering & Environmental Services- Ieonardo Rodriguez/Todd Rubino ENGINEERS Savino Miller Design Studio/ Barry Miller LANDSCAPE ARCHITEr;T (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPliCANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31.71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFADAVIT BECOMES INCORRECT OR INCOMPlETE. WlTNESSMYHANDTHISk.DAYOF ~~ . 2010 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER / By: By: ~(l1::-X/mrMJ-- (Signature) Name:Nnrton ~::J.ll Title: (7fJL~ L OG<-./.-r Address:;3 b % Yt"k.-l.-ff G lA g A V tk-TUvfc... t: l 33/ 8D (Signature) Name: (Print) Title: Address: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) A SWORN TO AND SUBSCRIBED BEFORE ME lhisJ.o day of ~i . 2 10 ~ , Y--- Before me the undersigned authority personally appearedbbrtOtl Small as the authorize Applicant and/or the owner of the property subject to the application. who being first by me duly sworn, did s execuled this Affidavit for the purposes stated therein and that it is true and correct. /(. JJh Notary Public State of Florida At L rye Printed Name of Notary l-V {SA- f;:. (; ALL~ '005 My commission eXP'lesffJJj U ~O 1'0 ( #'t'J.YPII~<t. LUISA K GALLEGOS '!l. ~... MY COMM!SSION # DI)555694 "1'Ofl~~$ EXPIRES: May 22, 2010 (407)398-0153 Florida Notary Service.com A ~.."""- BUSINESS RELATIONSHIP AFFIDA VIT* This AflidavI is made JllI1SU8IIt D Section 31.71 (b)(2)(ii) of the City d AWlIItura Land 0IMlI0pment Code. The undefsVned Affiant hereby discIo6es thai: (mark willi 'x" applicable pcrions only) ~. Affiant daBs not have a Business ReIaIionsnp with any member d the City Canmission or any City Advisory Board to wlldl the appIlaion "". be presented. [ )2. AIIiant hereby cIsdoses Ihat it daBs haw a Busiless ReIcfulship lM1h a member of tie Ciy Commission or a City MiIsJ:>ty Board to whicb the ~ will be presented. as follows: (list name of Canmissiorter 01 Advisory Board Member) Mlo seMI5 on Ihe (lis! City Commi;sion or Cly AdYisory Board upon which member seMlS). The na1tU1l of the Business ReIaIionship is as foIows: I) i. MeriJer of City Camlission or Board holds III OIIMIShip illeresl in excess d 1% of total assets or capital stock of AppIi:ant orR~ [ ) ii. Member of Cly ConInission 01 Board is a JBtner. CHhareholder (as 10 shares 01 a <XJrpOration which are not rl6l8d m lilY naIionaI or regional stock exdIange) or joint venlurer wiIh the AppicanI or RepresentaIiYe illll'J busiIess venbIe; [] ii. The AppIicanI or Representative is a Cierl1 d a member of the City Commission or Board or B CIienl of BIIllIher prohlssionaI 'MJl'ki~ from tie same tfice or for the same employer as the member d the City ComInEsioo or Boad; [J iv. A City Commissioner or Board mllIliIer is a Cient of Ihe Applicant 01 Represen1alive; I] Y. The AppIcant or Repnl6tlI1tative is a Custanef of the member of the City Conunission or Board (or of his or her employer) and IransaCls lIIORllhan $10,000.110 d the business of the member of Ihe Ciy Commission or Board (or his or her eI11lkJYer) in a given c::aIenda year, I ] vi. The member of the Cly Coovnissiln or Board is a Cus10mer of the ApJican1 or Representalive and transacts more than $25,000.00 of the busiless of the AppIcan1 or Representaliw il a given calendar year. WITNESS MY HAND THIS '20 DAY OF ~ A-I-l ~ ~ ,2010 APA.JCANT' ~ By. 'l1 ~ cd/' (Sifp1lIIe) Name: ~on (Pm) TIle:J l Ot:::r-l -r -(Prf WITNESS MY HAND THIS 1.D DAY~2tlO PROPERTY OWNER: ~ BY~n:t:-~", d A- f!);;JnallXeJ ~~~(}~,1~ = 7he tetms 7Jusiness ReIaIionship. . "CIient.. 'CUstomer.. "Applicam.. "Represent8tiV. and "Interested Person. are deftned in Section 2-395 of the AventlX8 City Code. STATE OF FlORlM ) COONTY Of ULWHWJE) Before me. Ihe lIldersigned ~ ..........................-..;.. "".:':=.9'~<m -" --j;7~- dol -~_...- ,.l0 AfF"'" :dti5C1. t ,9Ql1Lt!; NdBry PlIbic SlaIe Df Fbida At t 1)/51\" ~ . (" A.LLEC,05 Printed Name of Nola/)' MyCOlllmissioo 8XPir6$:~ 21/)..010 #.".1PIJ~~ LUISA K GALLEGOS ~ ~ ~ MY COMMISSION # 00555694 "~OF'i'-.,$ EXPIRES: May 22. 2010 (407) 398-0153 Florida Notary Service. com SWORN TO AND SUBSCRIBED before me lis Qil day of By: Name:Samuel E. Pool~, III ~1t::::ture) Nam '. . fft/pV Title: 825{"Y-~/""'" (Print) By: (Signature) Name: (PrinV (PrinV Title: B y: (Signature) Title: (PrinV Title: (PrinV By: (Signature) Title: (PrinV Title: (PrinV By: (Signature) Title: (Print) Title: (Print) ,2010 By: (Signature Name: (Print) (Print) Title: By: (Signature Name: (PrinV Title: (PrinV By: (Signature Name: (PrinV Title: (PrinV By: (Signature Title: (PrinV Title: (PrinV By: (Signature Title: (PrinV Title: (PrinV By: (Signature Title: (PrinV (PrinV Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 14 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Samuel E. Poole, III Before me, the undersigned authorily, personallyappeared .J" executed this Affidavit for lhe purposes stated therein and lhat it is true and correct. uly sworn, did swear or affirm lhat he/she ~ SWORN TO ANO SUBSCRIBED ooro. m, t"',J~ d" ~"I'tl0 .- N "..~~~.'ti.;"" SYLVIA C JONES im~ - p- - S"'" ,.... ~~~ · '~_~1i:~~_~~~~~ FL(j~ID~""'" Bonded By NatiOnal Notary AIIn. .----.--------.-----------------.---------------------------------------------------------------------------.-.-------------------- ~/lA4~t::' 0 .R~JWf2. Before me, the undersigned authority, personally appeared lhe Affiant, who bein executed lhis Affidavit for lhe purposes stated therein and lhal it is lrue and correct. ~ day of o I)' U IC Corinlhia Seiler My Commission DD538358 Expll1lt 0511412010 ------------------------------------------.---------------------.-.--------------------------------------------.----------------------------------------------------------------------------------------------------------------- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared executed lhis Affidavit for lhe purposes slaled lherein and thaI it is true and correct. lhe Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,20 Nolary Public Slate of Florida At Large Printed Name of Notary My commission expires: .M____________________________________________________-----------.------------.--------.--------------------------------------------------------------------------------------------------------------------------------------- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned aulhority, personally appeared executed this Affidavit for the purposes slated therein and that it is true and correct. lhe Affiant, who being first by me duly sworn, did swear or affirm lhat he/she AFFIANT SWORN TO AND SUBSCRIBED before me lhis _ day of ,2C Notary Public Slate of Florida At Large Printed Name of Notary My commission expires: . BUSINESS RELA TrONSHIP AFFIDA VIT* Thi$ Allidnil i; ..ad& pglI..n tl $ectilln 31-71 (b)(2j{i) d Ihe City (j AvenfD'a I..Mxi De\le:bprrIIIIrt CoIH. The l.I1IBl;igned Aflenl hereby ~ jhirt: (mak\llilh 'J(' ~lC3b'e 1lOItIon5 ~ kki. AfIitft 00IIs !Kt h&rll or 8usinen ReiIb6hlJ> willi 1IIl)' memb8J cf h CiIy CormiiiIlD1 or rmy Cil1' Adllisory Board Eo..tidl lhe 1JIlPIcaIion" be presenied. [ ]', Man! ~ d"1BdoMs Ilal it ems haW! a BusNss Relaionsh\:l "iii i member ollie City Cormiuit.Jl QC a ~ AdIll50ly Boani to wIi;iI tie ~ ~ be pnl6111lBd. as folIws.: (l..E nam& c;t Comnib&b 161 01 AdVisofy ~ad Metobet) 'Win lIel"\'CS on tile (lis! e1ly Comm1&:sloo or ~ ~ 8mnI UpcIl wtJidJ ITIeI1lber ~~ The n:alure ollhe !Jull.!~ R.eIalionihip Js 89 fobs: I J i. MImB ol Cily CaJmissirl cw BoIlrl:l hold& iIllMllel'8~ Il'll8reSt n Glllll99 of 1% Ii lrrlal allBeIs or capj:al Block. of~or ReprMn!.O~ [] I hletnlier or Cily Commission Of Board is a. pamer. co-5hIlr~der (as lo lihiW5 01 a lXlIpcralP1 ~kti are n,oj lilted 00 iI'IY lIalional or ~itnlJ IIocIc Rchi1nge} r.t ~ Murer wi" h AppIcail tJr Rapres!lllIaMt in any 1u;il8ll~ _we; I ] i. The AwJicanI Q' ~1atMI is a CiBnI d a II\BII'IIJeI of !be CIty Cc::rllUlliaI a Board Dr a CIBIl. of tmalIwlr prm.iooaI V<<JIking ftom lilt $11M olb or b 'lie ~ emplo)w as tit membet of !he c.ty ConwniIllllOl QI Iks'd; [] iv. ^ CityCtor'rluiJne.r Of Iloaro m9mbwis a Cisntdlf1eAppb1!1 Of ReflreeentaINe; l r Y. Tht AppOCarrl Dr RapmlIllllli1va Is 8 Custaner ollM IMIri;lar of h City Gommllelon 01 Bon {cr of lis Q" her 8IIlP~ BOO fJM5a::1&. 'I'mo tIIan $10,000.00 c:f the il\rs1ness -or lhll mllfnbBr d 118 City CorrulWIbJ 0" Soard (or b(8(1 "* ~~) i'lu gtwe.n cal4n\Wyesr. [ I vi.. The member oI1h8 ~ Commium or Soard is a ClBt.lXIIsr tJ 1M AppIcaIl ~ ReprllSliWllative and lraIl6i11Cts IIIIre Ihan. $25.000.00 clltIe busirlells oJ'th& Applcalt Of ~presefItalNe in agtllen celertdar Y8'lr. WffNESS MY fWIlltllS _ DAY OF APPUCANT: .2010 By. Nine. ItlI:'tOQ" ~ll 1lIe: ~} _ ----1PfnJ /Pm() W11NfSS MY HAND 1lI1S _.. DA.Y OF PROPERlYmw.ER; 2GlO By. Name.Ioln......nn ~ll Till: {5igillIlrn) (ftinIJ (1rnI) 7'he terms "8usii1ess ReIarkxIs1ip.. "C5e.nt' 'CUSlrJmef.. "Applicant.' "/?epreS1'ItllaJfVf' 8nd "irlterP.sted Person. aff: deIined in Section 2.]95 ullhe A~ CJtyCade. STATE 0' Fl(JiJJ).\ ) COlJHJY{Jf ~ . BeiOI'e nw:. IIIB ~aJh:irII)o. pl!I'I;OJIdy lIppNIelI-lilrt an ~ 11 ~ .... Aalaoll tllIlEI j1U~ ~ IIerein _ltal t is !JIoIe lII'III ttmIcl lD\l MiIIfll M1~ ~ lnt by m~ Ilir WIIrn, _~ __ /lr affain lt1ii hBl&hL AFFrANT SWORN TO MOS~SCflIElEO brin IJlllIhi:!. _ [lay Q( ,2(110 Nol1uy N.i:: ~tt of fbidll Allatg, PFWcd Name oifllDy My l.n"III1iui(W1 ~ WITNESS MY HAND THIS DAY OF REPRESENTATM;; (l.i&1ed UI ElLl&in8li6 ReIaIIOtI!hill AlfrdM) By: (SiuJmweJ Narn!l: (Print} e:_B.aUj' :Millir I -:.~.. ~_' me: (Pm) ~andscaJle . -'Pm) Architect Br fSi9twim1) By: (S;gnawre Neme: (Pritt) Name: (Ptfnt) Tile: (Pml) TIIre: (Print) By: (Signallre) By: {Signl1lutt: Name: (PrInO Name' (Prinl) T.: (Prinl) TJIe:~ (Prinf) B Y'-- (Sign8MeJ By. (~ TIU!: (iW'J Title: (Prim) Tille: (PrJnr) Tille: (Prbf) Br__. {Sign8l11Ie) By: (SignalUfe TItIe:_~_ (PFinJ) Tille: (Prn) TItIe~ (Pfint) Tille: (Prlrd) , By. /5IgnlJiJn) By: (Signaiurt: THIe: (Ptint) TIlIa:: (Pmq Tille: (Ptj'N) Tille: (Pmf) NOTE: 1) Use OOlliic~ sheets if disclosure il'lfnrrnallol1 lor Represenlalive va.rles 2) Applicll'Il:$lfId Affiant:! are advisfld to timely 3ullplement fttis Affidavit pllrsumnt to Sec. 31-7] (b)(2)(iv) of the City's Land Devcllopmcnt Regulations ill the Cit)' Code, in Ihc avcnt lhat prior 10 consideruiQQ of the application by thll Ci1y Board or Cc:lmmwlon, the )flformmOJl provi ded jn the Affidavit become!: incorrect or inoompicl.c: . 14 STATEClFJ..ORIo.\ ~ GCUom'U ~ StIIn IJII, .. Lndeai9M daly, pMtlf\II)' Illj)IIlWd ~IIIiI-AtJ::IMb'''. ~ 1IUiII.... aflI1l1al..tI1Iemfmlleel. .... AIIl11l. wile ~ IIst!llt!'IWI cIuIr tMlm, did _<< II'm IIIal hMM IiFWfT ~ TO ANI) 5l.JBSCRISEO beiA /IWiI ""' _ .,. 01 . 2li Nd8Iy PIlIi; SID gf Fbrid&AlI.Irg6 ~ NM1IIII ri NolIIy Mr CCI'MMaI~: STAlf (f" ROOIM ) (:OUNT'(a: lIIl~ BebllIIQ, IlII undIRIpcI dcri)o. ~lW*Ired ptlQliIIIltBAt,;hMb~~"'I1MIIBIlFIdI1I1lI i~ ~ 1100 ~ tIwit~, 1Iho lIIlIr1' inIt by Ile ~ III'(n\, lid ..... CI( W1m11Iul il&.PJIIB N'FlANJ SWORtl10Al</l'l~E1EDWmlIll8I'*_IiII7~ ,:& Ndart NIk SIabI of ~kIIldlI ~ lNgr: Pined ~1Iflle d' NoIIII}' Mr<<mnilailn ~__ STAn: OF FLORIDA ) COlIlIY OF MIAIIHWlfJ IklfWeIM.tle~~,~apjl4lII'flII .lIClIltd 1hii AIkIlMl rcr llla ~ 1lIIled"'0 11m It Is 'niIlIM (l()fl'8Cj, Ill. AIIR. w~ bciqhl b)' rnlI1l.i1y nl'WI, lid _ (If dimlltIaI tlIII'ltIe AFflAIfJ ~ TOAItD SUlSCRIBBJ I:Ieb\l Ire" _ 4~1 01 _ 2iI Iol*y PlAIt; 5IIJe tIf Florida AI ~ PmtIGHIrM ClfNDIaIy flIy~1IIClIi'eI: aIiIrn Ihall1IIIY'wt SlAlE (I' fLOftICII ) GQ{km' (FMMAI-bADt) Barry Miller iWor.lle,lw:~ dIaMy,pol1iNl'l~ ~ J1JilllL ~ u. AIilIiIIt b' Ole JIlIIQSM IIlIt8lI fIspip aNf YliII i'ue.... FL De UL' n14booibsbnoo .. SWCIl:NTO Nm5l6SCFGBEDbslunill8l1Vs. 2D~1ll ~ 2e JJ~ .,'t~::-~... SHUMINTRATA 0, BUZZANELl ! ... '\ No4ary Public. SlIIe cf FbridB ~. · ~ . ~Cclmmlssion ElqlWesApI 28. 2010 l./f J~l de) 0 Bof'lcI8d e~ Nillonal Nola/)' Assn. RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171(b)(5) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW FOUR (4) PARKING SPACES, WHERE A MINIMUM OF NINETEEN (19) PARKING SPACES ARE REQUIRED BY CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 127 FEET, WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31-221(i)(2) TO ALLOW A 0 FOOT WIDE LANDSCAPE BUFFER ALONG THE EAST SIDE OF THE PARKING AREA, WHERE A MINIMUM SEVEN FOOT WIDE LANDSCAPE BUFFER IS REQUIRED BY CODE, ALL FOR PROPERTY LOCATED ON THE EAST SIDE OF NE 34 AVENUE BETWEEN NORTH COUNTRY CLUB DRIVE AND NE 207 STREET, CITY OF AVENTURA; PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multifamily High Density Residential District; and WHEREAS, the applicant, Marina Condominium Association, Inc., through Application No. 01-VAR-10, is requesting variance from Section 31-171(b)(5) of the City's Land Development Regulations to allow four (4) parking spaces, where a minimum of nineteen (19) parking spaces are required by Code; and variance from Section 31-172(c)(2) to allow a landscaped driveway separation of 127 feet, where a minimum separation of 150 feet is required by Code; and variance from Section 31-221 (i)(2) to allow a 0 foot landscape buffer along the east side of the parking area, where a minimum 7 foot landscape buffer is required by Code. Resolution No. 2010- Page 2 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for variance from Section 31-171 (b )(5) of the City's Land Development Regulations to allow four (4) parking spaces, where a minimum of nineteen (19) parking spaces is required by Code; and application for variance from Section 31-172(c)(2) to allow a landscaped driveway separation of 127 feet, where a minimum separation of 150 feet is required by Code; and application for variance from Section 31-221 (i)(2) to allow a 0 foot landscaped buffer along the east side of the parking area, where a minimum 7 foot landscaped buffer is required by Code, on property legally described as follows: All of Aventura Marina Condominium No.1, a condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 8096, Page 876 of the Public Records of Miami-Dade County, Florida, City of Aventura, more particularly described in Exhibit "A" are hereby granted, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "The Aventura Marina Parking Facility", Cover Sheet, Sheet 1 of 11, Drawing No 00.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 12/10/09, signed and sealed 3/22/10. . "Aventura Marina", Topographic Survey, Sheet 1 of 2, prepared by PBS&J, dated 4/10/09, updated 10/14/09. . "Aventura Marina", Topographic Survey, Sheet 2 of 2, prepared by PBS&J, dated 4/10/09, updated 10/14/09, signed and sealed. . "The Aventura Marina Parking Facility", Notes and Legend, Sheet 2 of 11, Drawing No. 18.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Soil and Sedimentary Control Plan, Sheet 3 or 11, Drawing No. 19.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 12/10/09, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Site Plan, Sheet 4 of 11 Drawing No. 20.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest Resolution No. 2010-_ Page 3 revision date 1/27/10, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Signing and Striping Plan, Sheet 5 of 11 Drawing No. 20.02, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Paving and Drainage Plan, Sheet 6 of 11 Drawing 21.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 2/19/10, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility", Details, Sheet 7 of 11, Drawing No. 28.01, prepared by Langan Engineering & Environmental Services dated 5/15/09, latest revision date 1/27/10, signed and sealed 3/22/10, approved as noted. . "The Aventura Marina Parking Facility", Tree Management Plan, Sheet L T-1, prepared by Savino Miller Design Studio, Landscape Architect, dated 10/14/09, signed and sealed 3/22/10. . "The Aventura Marina Parking Facility," Planting Plan and Details, Sheet LP-1, prepared by Savino Miller Design Studio, dated 5/14/09, signed and sealed 3/22/10. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010- Page 4 PASSED AND ADOPTED this 4th day of May, 2010. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of May, 2010. CITY CLERK EXHIBIT "A" All of A VENTURA MARINA CONDOMINUM NO.1, a Condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 8096, page 876 of the Public Records of Miami-Dade County, Florida, except that property conveyed out as follows: Unit 1 conveyed in O.R. Book 11431, page 1652 and in corrective deed in O.R. Book 11482, page 1732. Unit 2 conveyed in O.R. Book 17656, page 1357 Unit 3 conveyed in O.R. Book 17656, page 1424 Unit 4 conveyed in O.R. Book 20825, page 4894 Unit 5 conveyed in O.R. Book 20587, page 103 Unit 6 conveyed in O.R. Book 23587, page 3470 and O.R. Book 23678, page 1359 Unit 7 conveyed in O.R. Book 26857, page 4670 Unit 8 conveyed in O.R. Book 19173, page 600 Unit 9 conveyed in O.R, Book 23416, page 3669 Unit 10 conveyed in O.R. Book 18972, page 4815 Unit 11 conveyed in O.R. Book 20372, page 3264 Unit 12 conveyed in O.R. Book 23416, page 3877 Unit 13 conveyed in O.R. Book 20182, page 2379 Unit 14 conveyed in O.R. Book 20523, page 3842 Unit 15 conveyed in O.R. Book 20487, page 1413 Unit 16 conveyed in O.R. Book 18927, page 3656 Unit 17 conveyed in O.R. Book 20450, page 3166 Unit 18 conveyed in O.R. Book 24182, page 4389 Unit 19 conveyed in O.R. Book 23173, page 2434 2235466- 5 Unit 20 conveyed in O.R. Book 17568, page 2442 and O.R. Book 17587, page 1994 Unit 21 conveyed in O.R. Book 21437, page 2840 Unit 22 conveyed in O.R. Book 17535, page 1427 Unit 23 conveyed in O.R. Book 17535, page 1431 Unit 24 conveyed in O.R. Book 23416, page 3806 Unit 25 conveyed in O.R. Book 23416, page 4166 Unit 26 and 27 conveyed in O.R. Book 20155, page 3480 2235466-5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City M TO: City Commission DATE: March 10,2010 SUBJECT: Ordinance Amending 2009/10 Charter School Fund Budget 1 st Reading April 6, 2010 City Commission Meeting Agenda Item :11l 2nd Reading May 4,2010 City Commission Meeting Agenda Item -9~__ Due to an advertising error the second reading of this Ordinance needs to be reheard at the May 4,2010 Commission Meeting. If you have any questions, please feel free to contact me. EMS/act Attachment CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM I~ TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci DATE: March 10, 2010 SUBJECT: Ordinance Amending 2009/10 Charter School Fund Budget - ~ Rea~!!il111 APril 6, ~OW City Commission M....ting Agenda Item 'lff1 2nd Reading April 22, 2010 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2009/10 Charter School Fund Budget. The total amount of the amendment is $237,000. BACKGROUND The attached document has been prepared as a clean-up amendment prior to the end of the fiscal year on June 30, 2010. The following is a summary of the amendments: REVENUES 1. Recognizes $99,000 in unanticipated revenue from the completion of a capital construction fund. 2. Recognizes $38,000 in unanticipated revenue associated with the State's Merit Award Program (MAP) for teachers. 3. Recognizes $100,000 from reserve funds allocated from funds available from the prior fiscal year. EXPENDITURES 1. Provides $38,000 for -bonuses for teachers as provided by the State's Merit Award Program (MAP), Memo to City Commission Page 2 2. Provides $199,000 to complete the close out of the additional classroom project that overlapped in this fiscal year, but was budgeted in the prior fiscal year. If you have any questions, please feel free to contact me. EMS/act Attachment CC01684-10 ORDINANCE NO. 2010-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/2010 (JULY 1 - JUNE 30) BY REVISING THE 2009/2010 FISCAL YEAR BUDGET DOCUMENT 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 Aventura City of Excellence School 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 2009/2010 Operating and Capital Budget of the Aventura City of Excellence School 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. 2009-11, which Ordinance adopted a budget for the 2009/2010 fiscal year for the Aventura City of Excellence School by revising the 2009/2010 budget as Ordinance No. 2010- Page 2 set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference as though set forth in full herein. 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 Vice Mayor Weinberg, who moved its adoption on first reading, This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb yes yes yes yes yes yes 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 lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 2 Ordinance No. 2010-_ Page 3 PASSED AND ADOPTED on first reading this 6th day April, 2010. PASSED AND ADOPTED on second reading this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 EXHIBIT A Budget Amendments CHARTER SCHOOL FUND 190 Revenues State Shared Revenues 3359100 Florida Education Finance Program 5,577,400 38,000 5,615,400 SUBTOTAL $ 5,577,400 $ 38,000 $ 5,615,400 Other Non-Revenue 3811039 Transfers In $ $ 99,000 $ 99,000 3999000 Beginning Surplus 120,000 100,000 220,000 SUBTOTAL $ 120,000 $ 199,000 $ 319,000 Total Amendments-Revenues $ 237,OO(} Expenditures K-3 1502 Bonuses $ 42,000 $ 17,000 $ 59,000 SUBTOTAL $ 42,000 $ 1 7,000 $ 59,000 4to 8 1502 Bonuses $ 50,000 $ 21 ,000 $ 71 ,000 SUBTOTAL $ 50,000 $ 21 ,000 $ 71 ,000 Capital Outlay 6307 Buildings charter school construction $ 1,600,000 $ 199,000 $ 1,799,000 SUBTOTAL $ 1,600,000 $ 199,000 $ 1,799,000 /' Total Amendments-Expenditures . $. '.. '.2.37;OO~ Agenda Item 98 ORDINANCE NO. 2010-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2010/2011 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2010/2011 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budqet Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budqetarv Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one Ordinance No. 2010-_ Page 2 individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall ~aid budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Resolutions as may be necessary and proper to modify any line item from the Budget hereby. 2 Ordinance No. 2010-_ Page 3 Section 7. Encumbrances. All outstanding encumbrances at June 30, 2010 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2010/2011 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commission Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb 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 Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commission Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 3 Ordinance No. 2010-_ Page 4 PASSED AND ADOPTED on first reading this 22nd day of April, 2010. PASSED AND ADOPTED on second reading this 4th day of May, 2010. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: t:d~~ CITY ATTORNEY 4 . ~ .1 . " -.( CITY OF AVENTURA f, fit: . A VENTURA CITY OF EXCELLENCE SCHOOL 3333 N E 188 TH Street Aventura, Florida 33180 Telephone: 305-466-1499 Fax: 305-466-1339 Website: www.aventuracharter.ora Board of Directors Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka, ICMA-CM Principal Julie Aim Vice Principal Daniel Sandberg Administrative and Educational Services Provided by: Charter Schools USA CITY OF A VENTURA CHARTER SCHOOL FUND FISCAL YEAR 2010/11 TABLE OF CONTENTS TOPIC CITY MANAGER'S BUDGET MESSAGE PAGE NO. 1 BUDGET PROCESS 9 BUDGET DEVELOPMENT GUIDELINES 10 VISION STATEMENT 13 PHILOSOPHY AND ESSENTIAL ELEMENTS 13 CURRICULUM 13 PERFORMANCE CRITERIA 15 SUMMARY 19 DESCRIPTION AND ORGANIZATION CHART 20 REVENUE PROJECTIONS 21 ACTIVITIES Expenditures: K-3 Basic 22 4-8 Basic 23 Exceptional Student Program 24 Substitute Teachers 25 Instructional Media Services 26 School Administration 27 Pupil Transit Services 28 Operation of Plant 29 Child Care Supervision 30 Capital Outlay 31 ADOPTING ORDINANCE 32 City of Aventura GoVernment Center 19200 We:.l Counrry Club Dri\~ Aventura, Rorida 33180 Office of the City Manager The Honorable Mayor and City Commission Aventura City of Excellence School Board of Directors City of Aventura Aventura, Florida 33180 RE: 2010/11 Charter School Fund Budget Message Members of the City Commission: In accordance with Article IV, Section 4.05 of the Charter of the City of Aventura, I hereby submit the proposed Budget for the Charter School Fund for the fiscal year beginning July 2010, for your review and consideration. This budget document represents the seventh year of operation of the Aventura City of Excellence School. Our goal in the development and 'preparation of a realistic balanced budget was to provide the funding levels to maintain the quality education services for our students in light of these difficult economic times. Budaet Format The format of the budget is in accordance with guidelines adopted by the State and School Board of Miami-Dade County, Florida and utilizes the school system's account codes as well. The proposed budget was prepared with input from the school administrative staff and CSUSA. Sianificant Factors AffectinQ BudQet Preparation The 2010/11 school year represents the eighth year of operations of the school. Our past has shown that we can continue to operate the school at a high level and provide quality education for our students, within the school based revenues and without outside subsidies. We have also been fortunate to have a strong business community and involved parents that participate in fund raising activities for school improvements. This past year for the second year in a row, the State of Florida responding to the economic recession, reduced the amount of funding available for the school. As was previously reported, based on reductions imposed by the State Legislature to balance the state budget, the Charter School Fund lost $21,000 during the 2009/10 fiscal year. The amount lost was offset by reducing the school's budgeted contingency account. The revenues for next year have been estimated on the conservative side and continue to anticipate the funding reduction based on actions taken by the State Legislature. City of Aventura Page 1 Charter School Fund Budget In order to respond to the anticipated revenues for the upcoming school year without impacting the "classroom" and current educational programs, the following plan of action was utilized in the preparation of the budget: . The transfer to the General fund in the amount of $30,000 to offset services provided by the Finance Department, to the school will be deferred this year. . Charter School USA agreed to freeze their fee at last year's rate which resulted in a cost savings of $25,000. . Revenue in the amount of $100,000 from the Red Light Violation Program is included to assist in funding the contingency line item in the budget. . Teacher salary increases will reflect a step increase based on years of service reflective of the Miami-Dade School Board pay plan and provides that returning teachers will be rewarded with a service award based on years of service. Based on previous years increases and the service award program, our teachers salaries will again exceed those of the Miami-Dade School Board. . Downsized Special Project Coordinator position to part-time. With the use of the additional classrooms constructed last year, class sizes will be reduced in grades fourth through eighth and forty additional students will be admitted in the upcoming school year. The budget contains the following changes to address the class size revisions, the growth of the school sports program and expansion of technology in the classrooms: . Four new teacher positions and two sixth period salary supplements were added. . Math Mentor position was upgraded to Math Specialist. . Two additional basketball intramural teams were included and competitive boys and girls soccer were added to the school's athletic offerings. . Funds have been budgeted to complete the installation of smart boards in all classrooms. In addition, a receptionist position for the front desk was added to accommodate larger student population and has not been increased since the school opened with 600 students. A major impact on the budget is attributed to an estimated 15% increase in employee health insurance costs. The budget continues to include revenue in the amount of $125,000 from the Clear Channel agreement for proceeds from the billboard advertising. The overall budget increased by 3.8% or $277,829. This is largely due to the addition of forty new students with eight students being added per grade in grades fourth through eighth. The budget includes funding for lease payments to the Debt Service Fund to pay annual costs associated with the long term debt borrowed for the construction of the elementary school wing. It is important that we continue to maximize the school dollars as much as possible and maintain efficient use of budgeted funds. Summary of All Budaetarv Funds The total proposed budget for 2010/11, including all operating and capital outlay, is $7,564,885. The majority of the budget is Personnel Services at $5,051,541. Operating City of Aventura Page 2 Charter School Fund Budget ...' ~. expenditures total $1,766,367. Other Uses expenditures, which primarily represent lease payments to the Debt Service Fund to cover school construction debt payments and a contingency account total $539,417. Capital Outlay expenditures are $232,800. The following chart shows a comparison of the department's budgets for the past two years. Total costs increased by 3.8 %. Budget Category Summary 2009/10 Revenues 2010/11 Increase (Decrease) % Change State Shared Revenues $6,276,957 $ 6,605,557 $ 328,600 5.2% Charges for Services 156,100 156,1 00 0.0% Misc. Income 535,000 540,000 5,000 0.9% Other Non-Revenues 319,000 263,228 (55,772) -17.5% Total Revenues $7,287,057 $ 7,564,885 $ 277,828 3.8% Expenditures K-3 Basic $ 1,775,743 $ 1,920,178 $ 144,435 8.1% 4-8 Basic 2,051,753 2,300,771 249,018 12.1% Exceptional Student Program 210,550 216,665 6,115 2.9% Substitute Teachers 80,913 81 ,693 779 1.0% I nstruct Media Services 70,807 73,196 2,389 3.4% School Administration 888,106 931,976 43,870 4.9% Pupil Transit Services 184,000 184,000 0.0% Operation of Plant 1,490,120 1,520,625 30,506 2.0% Child Care Supervision 108,565 102,980 (5,585) -5.1% Capital Outlay 426,500 232,800 (193,700) -45.4% Total Expenditures $ 7,287,057 $ 7,564,885 $ 277,828 3.8% Charter School Fund This fund is used to account for revenues and expenditures specifically earmarked for the City's Charter School. The fund accounts for operating and capital revenues, expenditures and capital outlay. Charter School Fund Budget Revenues Charges for Services 2.1% State Shared Revenues 87.3% Misc.lncome 7.1% City of Aventura Page 3 Charter School Fund Budget Charter School Fund Budget Expenditures Exceptional Student Program 3% Substitute Media Services L__ 1% Transit Services 3% Goals The 2010/11 school year represents the eighth year of operations for Aventura City of Excellence School (ACES). This past year a great deal of time and effort was expended on professional development and curriculum alignment based on Florida's Next Generation sunshine State standards, increasing parental involvement, intramural and competitive sport programs and identifying and working with at - risk students. This year we will continue to focus on our award winning character education program and expanding our cultural programs with the opening of the new Aventura Arts &Cultural Center. ACES will enrich a child's learning and social atmosphere through: . Whole Child Approach - Emphasis will continue to consider the "whole child." To ensure that academic rigor coexists with social responsibility. . Character Education - Continue to implement and expand ACES award winning and nationally recognized program that encourages our students, families and communities to "live" their values. Programs include parent and community workshops and the infusion of character education across the curriculum. . Challenging. Curriculum - ACES will offer high school level courses in the areas of Math, Science and Foreign Language. . Curriculum Alignment - Increase academic rigor through the alignment of ACES writing and math programs kindergarten through eighth grade. . Differentiation of instruction - Provide specialized programs for at - risk learners, on level learners and gifted students. . Technology Rich Environment - Technology includes computer labs, computers, Smart Boards, document readers, projectors in all the classrooms and access to Direct TV, instructional software and online programs . Extended School Day Programs/Activities - Before Care and After Care, Sports Study, several Dance programs, Science Tutorial, Writing Tutorial, Reading and Math Computerized Program and Saturday School. City of Aventura Page 4 Charter School Fund Budget · Field Trips - Through a combination of on campus and off campus field trips students will experience hands-on content, living history, ecological studies, guest authors and a variety of culturally rich opportunities. · School Wide Events - All students have an opportunity to participate in Career Day, Red Ribbon Week and Field Day. · Career Awareness and Entrepreneurship - All eighth grade students will participate in a comprehensive course that will allow them to begin career planning and develop and implement a small business. · Competitive Athletics - Middle School students compete in the independent Athletic League. The school fields a boys and girls team for both basketball and soccer. · Intramural Athletics - Expanded offerings for middle school students will include basketball, volleyball and cheerleading. All students have an opportunity to participate in after school tennis. · Family Events - Family events include Meet and Greet, Open House, Kindergarten Kickoff, Middle School Guest Speakers Series, Muffins for Moms, Donuts for Dads, Sweetheart Breakfast, Grandparents Day, Graduation Ceremonies, Middle School Guest Speakers Leadership Series, Talent Showcase and Quarterly Principal's Honor Roll Breakfasts. · Parent Education - FCA T reading, math, writing and science nights present parents with information related to state standards and accountability testing. · Transportation - Students living further than 2 miles from the school and no further than 3.5 miles are provided bus service. Currently four buses provide transportatien for approximately 400 students. · Safe School Campus - The City provides a fulltime certified police officer to the school that serves as a School Resource Officer. Traditional security methods including cameras are in place. Revenues The revenues, available for allocation in the 2010/11 Fiscal Year, are anticipated to be $7,564,885. This is an increase of $277,829 or 3.8% compared to the prior year. The majority of the increase is associated with the addition of forty students. State Shared Revenues - The amount projected for Florida Education Finance Program revenues is $5,904,000 and is based on $6,100 per student after the deductions for the transportation reimbursement component and the 2% held back by the School Board for administrative costs. The revenues for next year have been estimated on the conservative side and continue to anticipate funding reductions based on actions taken by the State Legislature. School lunch reimbursement revenues are estimated to be $32,577. The transportation reimbursement amount is $169,000 and is based on 425 students requiring bus service. Capital Outlay revenue amounts are based on $514 per student. The final amount will be based on the actions of the State Legislature. Charaes for Services - The amount prOjected for reimbursement from the food service vendor is projected to be $6,100. After School Program includes revenues derived from fees charged for Before and After School Programs and is estimated to be $150,000. Miscellaneous Income - The total amount is $540,000. This includes revenues from the Red Light Violations, Clear Channel agreement for proceeds from the billboard advertising, field City of Aventura Page 5 Charter School Fund Budget trips/special programs revenues and fundraising activities. This is offset by specific expenditures in the budget. Other Non-Revenues - This represents anticipated fund balance amounts from the prior year's budget. Expenditures The estimated 2010/11 expenditures contained within this budget total $7,564,885 and are balanced with the projected revenues. Personnel Services Personnel Services are budgeted at $5,051,541 or 67% of the budget. Personnel Services reflects funding to implement a pay step increase to coincide with the Miami - Dade County school system. In addition returning teachers will be rewarded with a service award based on years of service. The pay plan will continue to exceed Miami-Dade County Schools. The total number of employees is 86 full-time and 14 part-time compared with 82 full-time and 13 part- time positions included in last year's budget. Included in the full-time positions are 72 teachers, Instructional Counselor, Media Specialist and a Computer Network/Technician. All employees except the Principal, Vice Principal and Janitor are under contract with CSUSA. Part-time positions include the following: . 1 Aide . 6 Para-Professionals assisting kindergarten and first grade . 1 Special Projects Coordinator . 6 positions are utilized to provide Before and After School Programs. . it-----? li" /" / -----_.--........--.,_._-,---~---......-----~-----'--...../ 2006/07 2007/08 2008/09 2009/10 2010/11 City of Aventura Page 6 Charter School Fund Budget The following outlines the staffing level detail comparisons to the prior fiscal year: 2009/10 2010/11 Function Job Class Full Time Part Tim e Full Time Part Tim e 5101 Teacher 2900 3000 Para-Profess ionals 600 600 Reading Specialist 100 100 Instructional Counselor ] 00 100 Aide 1 00 1 00 5102 Teacher 3400 3700 Aide 100 100 5250 Teacher 300 300 5901 Substitute Teacher ] 00 100 6200 Media Specialist 100 1 00 1 00 100 7300 Principal 1 00 1.00 Vice Principal 1 00 100 Assistant Principal 100 100 Business Admin. 1 00 1 00 Adm inistrative Secretary 1 00 ] 00 Receptionist 100 2.00 Registar/Com pliance 1.00 100 Computer Network/Tech ] 00 100 Special Projects Coordinatol ] 00 1.00 7900 Janitor ] 00 1.00 9102 PIT After School Counselor I 500 5.00 PIT After School Counselor II 1 00 100 Total 8200 1300 8600 14.00 Operatinq Expenses The expenditures for operating expenses are $1,741,127, which represents 23% of the budget. This is $3,856 more than the prior year. The major expenses are as follows: . CSUSA education/administrative fee - $317,000 . Textbooks - $106,000 . Transportation services contract - $184,000 . Other materials and supplies - $188,000 . Electricity - $161,000 . Building maintenance contract - $212,000 . Field Trips and School Events - $210,000 . Repairs and Maintenance -$83,000 . Office Equipment Leases - $28,000 City of Aventura Page 7 Charter School Fund Budget Other Uses Other Uses expenditures total $539,417 primarily represent lease payments to the Debt Service Fund to cover the elementary school wing construction debt payments. Other expenditures include a contingency account. Capital Outlav A total of $232,800 has been budgeted for capital outlay for furniture, fixtures, equipment, computers and smart boards. Funds have been budgeted to complete the installation of smart boards in all classrooms and provide furniture and computers to the new classroom being utilized this upcoming year. Summary I am pleased to submit the detailed budget contained herein. The budget document and its related funding levels represent the City's continued commitment to providing a school of excellence for our community. The budget contains funding levels to address the following key objectives: . Hiring and retaining administrators and teachers who are well prepared for creating life- long learners in their students as well as acting as role models in their own quest for knowledge on the latest "best practices" in educational research to enhance their teaching abilities. . Putting into place a strong accountability system that will hold everyone at the school responsible for maximizing learning opportunities. . Creating a school climate that enables students and teachers to feel they are cared for, respected, and contributing members of the school. . A low staff-pupil ratio in order to enhance the development of the individual strengths of each student. . Continuing to use data to evaluate the efficacy of instructional programs. . Providing additional staff members and costs associated with adding classrooms at grades first, fourth and fifth and additional middle school sections in language arts and science. . Developing a strong parent-teacher relationship. . Maximizing the use of technology embedded in classroom instruction as well as in a lab setting. The preparation and formulation of this document could not have been accomplished without the assistance and dedicated efforts of the School's Administration. All questions relating to the budget should be referred to my attention. Respectfully submitted, c':d Eric M. Soroka City Manager City of Aventura Page 8 Charter School Fund Budget ;J{..:_ BUDGET PROCESS -: Budget Preparation/Development 1. January: Meetings are held with the Principal, school staff and City Manager to develop Goals and to discuss issues that may impact the budget for the upcoming school year. 2. February: Preliminary Revenue projections and forecasts are developed by the City Manager. The following steps are followed to project revenues: . Forecast student enrollment . The State's Florida Education Finance Program (FEFP) per student allocation is projected by the State and provided to the charter school. . Capital Outlay funding is determined by the State based on available funding. 3. March: Personnel needs are developed based on input from the Principal and staff. The following steps are utilized to forecast personnel: . Review existing staffing requirements to ensure adequate coverage for student needs and new programs. . Review salary structure to ensure competitiveness with the school district. . Benefits calculations such as Workers' Compensation, Life Insurance, Health Insurance, and Pension are provided by CSUSA and developed for each qualifying employee. 4. April: Individual expenditure line items are developed by the City Manager based on input from the Principal and historical data. A draft of the budget document is prepared by the City Manager. The draft is reviewed by the Principal and the Finance Department. 5. April/May: The budget is reviewed by the School Advisory Committee. The City Manager submits budget to the City Commission who act as the Board of Directors for the School. 6. June: The budget is loaded into the accounting system. 7. July: Budget goes into effect. OlIiI(ii ~.,q....., Budget Adoption The Charter School budget is approved via Ordinance at two public meetings scheduled for May and June conducted by the City Commission. The adopted budget is integrated into the accounting software system effective July 1 st. Budget Control/Monitoring Funds appropriated in the Budget may be expended by and with the approval of the City . Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. City of Aventura Page 9 Charter School Fund Budget The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. The budget is monitored 9.n arnoflthly basjs to track variances between actual and budgeted amounts. Significant variances are investigated and monitored for corrective action. Quarterly review meetings are held with the Principal and City Manager. Encumbrances do not constitute expenditures or liabilities in the current year, but instead are defined as commitments related to unperformed contracts for goods or services, which are only reported in governmental funds. Budget Amendment Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the department total will exceed its original appropriation, the City Manager is authorized to prepare such Resolutions for consideration by the City Commission as may be necessary and proper to modify any line item from the Budget. Basis of Accounting Basis of Accounting refers to the time period when revenues and expenditures are recognized in the accounts and reported on the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The accrual basis of accounting is followed for the proprietary fund types. The modified accrual 'basis of accounting is followed in the governmental fund types and the expendable trust funds type. Under the modified accrual basis of accounting, revenues are recorded when susceptible to accrual, that is, when they are both measurable and available. Available means collectible within the current period or soon enough thereafter to pay current liabilities. Expenditures are generally recognized under the modified accrual accounting when the related fund liability is incurred. Exceptions to the general rule are principal and interest on general long-term debt which is recognized when due. The Charter School Department Budget applies all applicable GASB pronouncements as well as the following pronouncements issued on or before November 30, 1989, unless those pronouncements conflict with or contradict GASB pronouncements: Financial Accounting Standards Board (FASB) statements and interpretations, Accounting Principles Board (APB) opinions and Accounting Research Bulletins (ARBs). During June 1999, the Government Accounting Standards Board (GASB) issued Statement No. 34. This statement established new accounting and financial reporting standards for state and local governments. The Charter School implemented the new financial reporting requirements of GASB 34. BUDGET DEVELOPMENT GUIDELINES Financial Policies The Charter School's financial policies, compiled below, set forth the basic framework for the overall fiscal management of the school. Operating independently of changing circumstances and conditions, these policies assist the decision-making process of the City Manager and City of Aventura Page 10 Charter School Fund Budget School's Administration. These policies provide guidelines for evaluating both current activities and proposals for future programs. Most of the policies represent long-standing principles; traditions and practices that have guided the Charter School in the past and have helped maintain financial stability over the last 2 years. They are reviewed annually as a decision making tool and to ensure their continued relevance in an ever-changing environment. Operating Budget Policies 1. The Charter School will maintain at a minimum, an accessible cash reserve equivalent to four weeks of operating costs. 2. No new or expanded services shall be implemented without a corresponding revenue source or the implementation of trade-offs of expenses or revenues at the same time. This applies to personnel, equipment and any other peripheral expenses associated with the service. 4. The Charter School shall continue to support a scheduled level of maintenance and replacement of its infrastructure. 5. The Charter School shall support capital expenditures that reduce future operating costs. Capital Budget Policies 1. The Charter School will develop a multi-year plan for capital improvement that is updated annually with documentation of deviations from the plan. 2. The Charter School will maintain its physical assets at a level adequate to protect the Schools' capital investment and minimize future maintenance and replacement costs. The budget will provide for the adequate maintenance and the orderly replacement of the capital equipment from current revenues wherever possible. 3. The Charter School will provide sufficient funds to replace and upgrade equipment as well as to take advantage of new technology thereby ensuring that employees have safe and efficient tools to provide their service. It reflects a commitment to further automation and use of available technology to improve productivity in the Charter School's work force. The objective for upgrading and replacing equipment includes: (1) normal replacement as equipment completes its useful life, (2) upgrades to new technology, and (3) additional equipment necessary to service the needs of the Charter School. 4. The Charter School will use the following criterion to evaluate the relative merit of each capital project. Capital expenditures will foster goals of: a. Projects specifically included in an approved replacement schedule. b. Projects that reduce the cost of operations. c. Projects that significantly improve safety and reduce risk exposure. Revenue Policies 1. The School will attempt to maintain a diversified and stable revenue system as a shelter from short-run fluctuations in any single revenue source. 2. The School will attempt to obtain new revenue sources as a way of ensuring a balanced budget. 3. The School will review fees/charges annually and will design or modify revenue systems to include provisions that automatically allow charges to grow at a rate that keeps pace with the cost of providing the service. City of Aventura Page 11 Charter School Fund Budget Cash Management/Investment Policies 1. The School will deposit all funds received by 2:00 PM the next day. 2. Investment of School funds will emphasize preservation of principle; the objective will be to match or exceed the yield of the State Board of Administration. 3. The School will collect revenues aggressively, including any past due amounts owed. Reserve Policies 1. The School will maintain a fund balance of at least $75,000. Accounting, Auditing, and Financial Reporting Policies 1. An independent audit will be performed annually. 2. The Charter School will produce annual financial reports in accordance with Generally Accepted Accounting Principles (GAAP) as outlined by the Governmental Accounting Standards Board (GASB). City of Aventura Page 12 Charter School Fund Budget AVENTURA CITY OF EXCELLENCE SCHOOL VISION STATEMENT To join with our community to become the premier charter school in the nation where academic excellence coexists with the promotion of social responsibility grounded in an atmosphere of human dignity. AVENTURA CITY OF EXCELLENCE SCHOOL PHILOSOPHY AND ESSENTIAL ELEMENTS The Aventura City of Excellence School staff believes that we have a responsibility to create a school climate that enables every individual to feel cared for, respected and to act as contributing members of the school culture. All students can learn and will be encouraged to strive for academic excellence and personal growth that will enable them to be productive and active members of society. In the practical application of this philosophy, opportunities shall be provided to: 1. Develop in each student and professional staff member a sense of self-worth and a positive self-concept 2. Imbue such character traits as honesty, integrity, compassion, respect, cooperation, humility, happiness and responsibility toward each other, our community and our world 3. Develop in each student an understanding of and responsibility for making positive personal and social choices 4. Improve upon the quality of instruction and curriculum by increasing the effectiveness of teachers and their teaching through ongoing professional development 5. Provide each student with experiences to develop an awareness of good health habits and attitudes for living by encouraging each student to perceive learning as a life-long continuing process from pre-school through adulthood 6. Encourage, through educational reporting, city and district officials, the citizens of Aventura, and the professional staff to support quality education in the school 7. Use assessment data to identify and track student achievement and learning goals 8. Develop school programs based on "best practices" to promote learning gains 9. Develop strong parent-teacher-student relationships 10. Provide a strong accountability system that holds everyone at the schoolhouse responsible for maximizing learning opportunities 11. Provide a low student-teacher ratio in order to enhance the development of the individual strengths of each student 12. Provide additional staff members for enrichment and remediation services 13. Develop in each student the ability to think critically, make inferences, apply knowledge to new settings and use these skills to make wise choices CURRICULUM The ACES curriculum is connected to state and national content standards and the school's goals for student learning are coordinated or integrated across different disciplines. The curriculum's sequence is rational, with more complex ideas building on simpler ones, respecting each student's developmental levels and prior learning. Teachers and students are accountable for all state and local assessments in addition to internal formal and informal assessments and observations. City of Aventura Page 13 Charter School Fund Budget Classroom teachers utilize technology daily to reinforce instruction and offer opportunities for independent practice. ACES students have access to Internet-based instructional programs at home and at school. Students in kindergarten through fifth grade utilize the ACES computer lab weekly. Sixth grade students enroll in a nine-week technology course, exposing them to all Microsoft Office Applications. Seventh grade students are required to enroll in a year long Computer Concepts courses designed to expose them to all facets of the technology available to them. Eighth grade students take a year-long technology aided career awareness and entrepreneurship course. ACES offers a variety of programs to meet the needs of all learners. The English Speakers of Other Languages program is offered to students who are working toward English language proficiency. Classroom teachers servicing ESOL students have undergone special training related to strategies that enhance language acquisition. The ACES ESOL Coordinator collaborates with classroom teachers related to instructional modifications that aide in content comprehension. Exceptional Education students are serviced within the general classroom, reducing social stigmas and enhancing the continuity of instruction. The ESE teacher collaborates with classroom teachers to ensure that "strategies for success" are implemented in all subject areas. Students with speech and language needs are serviced by a Speech and Language Pathologist. This program is offered to students who qualify for services based on school district requirements. At risk readers are targeted through a variety of intervention courses and strategies. ACES Literacy Team teaches at-risk-readers grades Kindergarten through eighth grade in small group settings. This supplemental reading program provides intensive instruction using research based programs such as Story Town Targeted Intervention and Read 180. ACES is focused on meeting the needs of all students. To this end, ACES offers a variety of extended school day programs. These programs target specific student needs and are offered both before and after school. These programs include small group writing instruction, focused math tutorials, science study group and a Saturday reading program. Gifted students in grades 1 and 2 receive "Gifted Instruction" in Language Arts and Reading daily. Project-based applications encompassing the sciences; arts, math, and language allow students an opportunity to combine their creativity and practical knowledge. Eligible students in grades 3, 4, and 5 have an opportunity to enroll in a gifted language Arts/Reading course and a gifted Math course. Eligible students in middle school have an opportunity to enroll in gifted courses. ACES science laboratory program provides students with hands-on application of core curriculum. Students in second through fifth grade visit the science lab weekly and students in kindergarten and first grade conduct experiments within their classrooms. All middle school students enroll in comprehensive science courses that emphasizes hands-on investigation. City of Aventura Page 14 Charter School Fund Budget ACES Modern Language Program places emphasis on four basic components of language acquisition (e.g., listening, speaking, reading and writing). Students build an understanding of the relationship between perspectives and products of various cultures. Middle School students are required to enroll in Spanish courses throughout their middle school career at ACES. The elementary Spanish program is offered to all kindergarten through fifth grade students and emphasizes cultures and conversational speaking. . ACES Middle School Program offers academic rigor in conjunction with an extraordinary selection of extracurricular activities and elective programs. ACES students have the opportunity to enroll in high school level Spanish, Earth Space Science, Biology, Algebra and Geometry and to select one of six elective courses. These elective courses include Television Production, Modern Dance, Art, Guitar, Journalism, Team Sports and Drama. All middle school students are invited to participate in after school teams including volleyball, basketball and tennis. ACES also participates in the Independent Athletic League and offers competitive basketball and soccer for boys and girls. These programs are funded through the school budget and offered at no cost to students. Elementary school students also enjoy a variety of special subject classes daily. These programs include art, physical education, technology, media, dance and music. Each Friday Elementary students participate in a club. Clubs vary from year to year based on student interest. Currently ACES is offering the following clubs; Chess, Table Tennis, Latch Hook" Baton, Sports Aerobics, Scrapbooking, Table Tennis, Jump Rope, Jazz Dance, Middle Eastern Dance, Latin Dance, TV Production, Soccer, Basketball, Yoga, Canvas Creations, Photography, Cultural Song Club, Science and French. PERFORMANCE CRITERIA 1) Indicator: All students will maintain a portfolio demonstrating and charting improvement and mastery of skills required at that grade level. This portfolio will be part of the Personal Learning Plan (PLP) that is the compendium of parent, student and teacher conferences. Each PLP will establish academic goals for each individual student in relation to his/her performance and progress. 2003/04 Actual: Complete 2004/05 Actual: Complete 2005/06 Actual: Complete 2006/07 Actual: Complete 2007/08 Actual: Complete 2008/09 Actual: Complete 2) Indicator: The State of Florida A+ Plan Grade shall be no lower than a "B". 2003/04 Actual: B . 2004/05 Actual: A 2005/06 Actual: A 2006/07 Actual: A 2007/08 Actual: A 2008/09 Actual: A City of Aventura Page 15 Charter School Fund Budget 3) Indicator: Meet the requirements delineated in Florida State Board of Education Administrative Rule 6A-1.09981, Implementation of Florida's System of School Improvement and Accountability, as may be amended from time to time. 2003/04 Actual: Complete 2004/05 Actual: Complete 2005/06 Actual: Complete 2006/07 Actual: Complete 2007/08 Actual: Complete 2008/09 Actual: Complete 4) Indicator: Percent of parents that completed all 20 required volunteer hours by the end of the year. 2003/04 Actual: 98% 2004/05 Actual: 100% 2005/06 Actual: 100% 2006/07 Actual: 100% 2007/08 Actual: 100% 2008/09 Actual: 100% 5) Indicator: Number of students enrolled shall be 95% of the number allowed by the School Charter. 2003/04 Actual: 100% 2004/05 Actual: 100% 2005/06 Actual: 100% 2006/07 Actual: 100% 2007/08 Actual: 100% 2008/09 Actual: 100% 6) Indicator: The year-to-year retention rate shall be 90%. 2003/04 Actual: 98% 2004/05 Actual: 99% 2005/06 Actual: 99% 2006/07 Actual: 99% 2007/08 Actual: 98% 2008/09 Actual: 98% 7) Indicator: The percentage of parents who on the Parent Survey agree or strongly agree to the statement that "I would recommend the Charter School to a friend" is 90%. 2003/04 Actual: 99% 2004/05 Actual: 100% 2005/06 Actual: 99% 2006/07 Actual: 99% 2007/08 Actual: 99% 2008/09 Actual: 99% 8) Indicator: The audits required by State Law and the Charter shall indicate that the financial statements are presented fairly and that tests of compliance with laws and regulations and City of Aventura Page 16 Charter School Fund Budget consideration of the internal control over financial reporting disclose no instances of non- compliance, nor any material weaknesses. 2003/04 Actual: All in compliance 2004/05 Actual: All in compliance 2005/06 Actual: All in compliance 2006/07 Actual: All in compliance 2007/08 Actual: All in compliance 2008/09 Actual: All in compliance 9) Indicator: Class size and studenUclassroom teacher ratios shall be maintained throughout the school year at 20: 1 for kindergarten and 25: 1 for grades 1 through 5. 2003/04 Actual: All in compliance 2004/05 Actual: All in compliance 2005/06 Actual: All in compliance 2006/07 Actual: All in compliance 2007/08 Actual: All in compliance 2008/09 Actual: All in compliance 10) Indicator: Reading - Percent of Students in the school on grade level and above in Reading. This is based on the Sunshine State Standards and exhibited in proficiency on the Florida Comprehensive Assessment Test (FCAT). 2003/04 Actual: 70% ,2004/05 Actual: 81 % 2005/06 Actual: 99% 2006/07 Actual: 89% 2007/08 Actual: 88% 2008/09 Actual: 93% 11) Indicator: Math - Percent of Students in the school on grade level and above in Math. This is based on the Sunshine State Standards and exhibited in proficiency on the Florida Comprehensive Assessment Test (FCAT). 2003/04 Actual: 69% 2004/05 Actual: 79% 2005/06 Actual: 89% 2006/07 Actual: 88% 2007/08 Actual: 88% 2008/09 Actual: 87% 12) Indicator: Writing - Percent of students in the school on grade level and above in Writing. This is based on the Sunshine State Standards and exhibited in proficiency on the Florida Comprehensive Assessment Test (FCAT). 2003/04 Actual: 85% 2004/05 Actual: 82% 2005/06 Actual: 81 % 2006/07 Actual: 85% 2007/08 Actual: 89% 2008/09 Actual: 92% City of Aventura Page 17 Charter School Fund Budget 13) Indicator: All Students will achieve high science standards as measured by Sunshine State Standards Performance Standards. 2003/04 Actual: A mean score of 266 was recorded, which is 20 points below the states average. 2004/05 Actual: A mean score of 301 was achieved which is above the state and district average. 2005/06 Actual: A mean score of 316 was achieved which is above the state and district average. 2006/07 Actual: 43% 2007/08 Actual: 69% 2008/09 Actual: 73% City of Aventura Page 18 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL FUND 190 BUDGET CATEGORY SUMMARY 2010/11 (July 1 - June 30) FUND DESCRIPTION This fund is used to account for revenues and expenditures specifically earmarked for the City's Charter School. The fund will account for operating and capital expenditu res associated with the Aventura City of Excellence School. 2009/10 2010/11 APPROV8) CITY MANAGER CATEGORY ~- - BUDGET PROPOSAL REVENUE PROJECTIONS State Shared Revenues $ 6,276,957 $ 6,605,557 Charges for Services 156,100 156,100 Misc. Income 535,000 540,000 Disposition of Fixed Assets 0 0 Other Non-Revenues 319,000 263,228 Total Revenues $ 7,287,057 $ 7,564,885 EXPENDITURES K-3 Basic $ 1,775,743 $ 1,920,178 4-8 Basic 2,051,753 2,300,771 Exceptional Student Program 210,550 216,665 Substitute Teachers 80,913 81,693 Instruct Media Services 70,807 73,196 School Administration 888,106 931,976 Pupil Transit Services 184,000 184,000 Operation of Plant 1,490,120 1,520,625 Child Care Supervision 108,565 102,980 Capital Outlay 426,500 232,800 Total Expenditures $ 7,287,057 $ 7,564,885 Revenues over(under) Expenditures $ 0 0 City of Aventura Page 19 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 DEPARTMENT DESCRIPTION .. This- department is responsible for the organization, operation and management of the City's charter School. By focusing on low student teacher ratios, high academic standards and parental participation, the school provides a first class learning environment for the City's children. The school operations are provided in conjunction wi1h a service contract with Charter Schools USA. ............................................................................................................................................................................................................................................................ CATEGORY RECAP 2009/10 APPROVED BUDGET 2010/11 CITY MANAGER PROPOSAL Personnel Services Operating Expenditures Other Uses Capital Outaly Total $4,609,109 1,737,271 514,177 426,500 $7,287,057$ $5,051,541 1 ,741 ,127 539,417 232,800 7,564,885 Charter School Department Organization Chart City Manager CSUSA Educational! Administrative Services School Advisory Committee Principal School Operations City of Aventura Page 20 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL FUND 190 REVENUE PROJECTIONS 2010/11 2009/10 2010/11 SCHOOL APPROVED CITY MANAGER ACCOUNT # FUNCTION DESCRIPTION BUDGET PROPOSAL State Shared Revenues: 335910 3310 Florida Education Finance Program $ 5,615,400 $ 5,904,000 335905 3261 School Lunch Reimbursement 32,557 32,557 335980 3354 Transportation 169,000 169,000 335991 3391 Capital Outlay 460,000 500,000 Subtotal $ 6,276,957 $ 6,605,557 Charges for Services: 3478050 3450 Food Service Fees 6,100 6,100 3479050 3473 After School Programs 150,000 150,000 Subtotal $ 156,100 $ 156,100 Misc. Income: 3611000 3431 Interest Earnings 15,000 15,000 3661955 3467 Field Trips/Special Programs 200,000 200,000 3542000 3495 Red Light Violations 100,000 100,000 3665000 3469 Other Private Source Revenue 125,000 125,000 3661900 3495 Misc. Revenues 95,000 100,000 Subtotal $ 535,000 $ 540,000 Disposition of Fixed Assets 364010 3780 Sale of Equipment $ $ Other Non-Revenues 3811039 Transfers In 99,000 3999000 3489 Beginning Surplus 220,000 263,228 Subtotal 319,000 263,228 Total Revenues $ 7,287,057 $ 7,564,885 City of Aventura Page 21 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6001-569 K-3 Basic 5101 2009/10 2010/11 SCHOOL APPROVED CITY MANAGER ACCOUNT # FUNCTION DESCRIPTION BUDGET PROPOSAL Personnel Services 1220 120 Teacher 1,168,995 1,242,373 1250 150 Kindergarten Aides (PIT) 6 42,750 54,150 Aide 27,184 28,000 1230 130 Other Certified Instruction 93,882 94,650 Reading Specialist Instructional Counselor 2101 221 Social Security- matching 98,882 108,567 1502 291 Bonuses 59,000 59,000 2201 211 Pension 9,170 10,028 1503 291 Stipends 16,110 23,000 2301 231 Health 157,914 196,103 2302 232 Life Insurance & Disability 4,887 5,295 2401 241 Workers' compensation 15,769 17,314 1505 291 Sick Day Buyout 7,200 7,200 subtotal $1,701,743 $1,845,678 Operating Expenditures/Expenses 4001 330 Travel/ConferenceslTra i ni ng 3,500 3,500 5290 590 Other Mat'l & Supply 25,000 25,000 5299 790 Miscellaneous Expense 4,500 4,500 5410 521 Membershi ps/dues/subscri pti on 1,000 1,500 5411 520 Textbooks 40,000 40,000 subtotal $74,000 $74,500 Total Function 5101 $ 1,775,743 $ 1,920,178 City of Aventura Page 22 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6002-569 4-8 Basic 5102 SCHOOL ACCOUNT # FUNCTION DESCRIPTION Personnel Services 1220 120 1250 150 2101 221 1502 291 1503 291 2201 211 2301 231 2302 232 2401 241 1505 291 Teacher Aide Social Security- matching Bonuses Stipends Pension Health Life Insurance & Disability Workers' compensation Sick Day Buyout subtotal 2009/10 APPROVED BUDGET 1,414,441 26,265 110,214 71,000 32,060 10,805 187,355 5,737 17,577 3,960 $1,879,414 2010/11 CITY MANAGER PROPOSAL 1,588,896 27,059 123,621 71,000 42,650 12,120 233,054 6,358 19,715 3,960 $2,128,432 Operating Expenditures/Expenses 4001 330 Travel/conferences/training 5290 590 Other Mat'I & Supply 5299 790 Miscellaneous Expense 5410 521 Memberships/dues/subscription 5411 520 Textbooks subtotal Total Function 5102 4,500 4,500 104,000 104,000 3,000 3,000 839 839 60,000 60,000 $172,339 $172,339 $ 2,051,753 $ 2,300,771 City of Aventura Page 23 Charter School Fund Budget SCHOOL ACCOUNT # FUNCTION DESCRIPTION Personnel Services 1220 120 2101 221 2201 211 1502 291 1503 291 2301 231 2302 232 2401 241 1505 291 CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6003-569 Exceptional Student Program 5250 2009/10 APPROVED BUDGET Teacher Social Security- matching Pension Bonuses Stipends Health Life Insurance & Disability Workers' compensation Sick Day Buyout 135,413 12,811 1,016 5,000 1,150 16,059 522 1,652 1 ,440 $175,062 subtotal 2010/11 CITY MANAGER PROPOSAL 139,106 12,811 1,043 5,000 1,150 18,399 531 1,697 1 ,440 $1 81 ,177 Operating Expenditures/Expenses 4001 330 TravellConferencesfTraining 3190 310 Prof & Tech Services-SPED 4420 590 Leasing Expense 5290 590 Other Mat'l & Supply 5299 790 Miscellaneous Expense 5410 521 Memberships/dues/subscription subtotal 4,000 4,000 20,000 20,000 3,000 3,000 5,000 5,000 2,500 2,500 988 988 $35,488 $35,488 $ 210,550 $ 216,665 Total Function 5250 City of Aventura Page 24 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6004-569 Substitute Teachers 5901 SCHOOL ACCOUNT # FUNCTION DESCRIPTION Personnel Services 1220 120 1225 140 2101 221 2201 211 2301 231 2302 232 2401 241 Pool Sub Teacher - PIT Social Security- matching Pension Hea~h Life Insurance Workers' compensation subtotal 2009/10 APPROVED BUDGET 25,000 44,000 5,279 330 5,353 110 842 80,913 2010/11 CITY MANAGER PROPOSAL 26,265 42,744 5,279 321 6,133 109 842 81,693 Total Function 5901 $ 80,913 $ 81,693 City of Aventura Page 25 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6005-569 Instruct Media Services 6200 2009/10 2010/11 SCHOOL APPROVED CITY MANAGER ACCOUNT # FUNCTION DESCRIPTION BUDGET PROPOSAL Personnel Services 1230 130 Media Specialist 52,769 54,239 2101 221 Social Security- matching 4,037 4,149 2201 211 Pension 332 339 1502 291 Bonuses 1,500 1,500 2301 231 Health 5,414 6,194 2302 232 Life Insurance 111 113 2401 241 Workers' compensation 644 662 subtotal $64,807 $67,196 Operating Expenditures/Expenses 5411 520 Textbooks 6,000 6,000 subtotal $6,000 $6,000 Total Function 6200 $ 70,807 $ 73,196 City of Aventura Page 26 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6006-569 School Administration 7300 2009/10 2010/11 SCHOOL APPROVED CITY MANAGER ACCOUNT # FUNCTION DESCRIPTION BUDGET PROPOSAL Personnel Services 1260 160 Other Support Personnel 215,553 226,354 1 Receptionist Administrative Secretary Reg istar/Compliance/ES E Business Admin. Network/Comp Tech -prr Special Projects Coordinator ,- 1211 110 Administrators 276,985 298,167 Assistant Principal Vice Principal Principal 2201 211 Pension 24,972 26,521 2101 221 Social Security- matching 37,679 40,126 1502 291 Bonuses 13,000 13,000 2301 231 Health 48,767 56,080 2302 232 Life Insurance 2,341 2,529 2401 241 Workers' compensation 6,009 6,399 2501 251 Unemployment compensation 1,000 1,000 subtotal $626,306 $670,176 Operating Expend itu res/Expenses 4001 330 T ravel/confere nces/trai ni ng 10,000 10,000 4041 201 Automobile allowance 4,800 4,800 4855 Field Trips/School Events 210,000 210,000 4901 391 Legal/Employment Ads 4,000 4,000 5290 590 Other Mat'l & Supply 30,000 30,000 5410 521 Members hi ps/d ues/s ubscri pti on 3,000 3,000 subtotal $261,800 $261,800 Total Function 7300 $ 888,106 $ 931,976 City of Aventura Page 27 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6007 -569 Pupil Transit Services 7800 Total Function 7800 2009/10 2010/11 APPROVED CITY MANAGER BUDGET PROPOSAL 184,000 184,000 subtotal $184,000 $184,000 $ 184,000 $ 184,000 SCHOOL ACCOUNT # FUNCTION DESCRIPTION Operating Expenditures/Expenses 3190 310 Prof & Tech Services City of Aventura Page 28 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6008-569 Operation of Plant 7900 2009/10 2010/11 SCHOOL APPROVED CITY MANAGER ACCOUNT # FUNCTION DESCRIPTION BUDGET PROPOSAL 1260 160 Other Support Personnel 25,567 27,124 Janitor 2201 211 Pension 3,451 3662 2101 221 Social Security- matching 1,956 2075 2301 231 Health 6,449 6449 2302 232 Life Insurance 64 68 2401 241 Workers compensation 312 331 subtotal $37,799 $39,708 Operating Expenditures/Expenses 3201 312 Accounting & auditing fees 17,500 13,000 3147 316 School Advisory Consultant 0 0 3148 312 Planning/Management Fee CSUSA 334,644 317,000 4620 350 Contract- Building maintenance 195,000 204,000 3431 310 Contract-Food Services 35,000 35,000 4101 370 Communications 42,000 44,000 4320 380 Pub Ut Svc Othr Energy Sv 20,000 20,000 4301 430 Electricity 145,000 151,000 4501 320 Insurance & Bond Premium 36,000 36,000 4635 350 Repairs & Maintenance 67,000 75,500 5295 510 Cleaning/janitorial supplies 6,000 6,000 5290 590 Other Mat'l & Supply 12,000 12,000 4440 Office Equip - Leasing Expense 28,000 28,000 subtotal $938,144 $941 ,500 Other Uses 9101 971 Transfer to General Fund 5901 Contingency 70,177 95,417 9129 921 Lease Payments to City Debt Service 444,000 444,000 subtotal 514,177 539,417 Total Function 7900 $ 1,490,120 $ 1,520,625 City of Aventura Page 29 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6009-569 Child Care Supervision 9102 SCHOOL ACCOUNT # FUNCTION DESCRIPTION Person nel Services 1503 291 1260 160 2009/10 APPROVED BUDGET Site Director- Stipend Other Support Personnel Site Coordinator After School Counselor I After School Counselor II 2,000 37,260 2501 2101 2401 Unemployment Compensation Social Security- matching Workers' compensation 500 2,850 455 43,065 221 241 subtotal ""- 2010/11 CITY MANAGER PROPOSAL 2,000 32,130 500 2,458 392 37,480 Operating Expenditures/Expenses 3113 Contract-Recreation Programs 3201 312 Accounting & auditing fees 4301 430 Electricity 4501 320 Insurance & Bond Premium 4620 350 Contract- Building maintenance 4635 350 Repairs & Maintenance 5290 590 Other Mat'I & Supply 23,000 2,000 10,000 3,000 8,000 7,500 12,000 $65,500 subtotal 23,000 2,000 10,000 3,000 8,000 7,500 12,000 $65,500 Total Function 9102 $ 108,565 $ 102,980 City of Aventura Page 30 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2010/11 BUDGETARY ACCOUNT SUMMARY 190-6010-569 Capital Outlay 7400 ACCOUNT # SCHOOL FUNCTION DESCRIPTION 2009/10 APPROVED BUDGET 2010/11 CITY MANAGER PROPOSAL Capital Outlay 6401 692 Computer Equipment >5000 76,500 103,000 6410 640 Furniture, Fixture & Equipment 28,000 25,000 6402 643 Computer Equipment <5000 123,000 104,800 Classroom Additions 199,000 0 6999 Capital Reserve 0 0 subtotal $426,500 $232,800 Total Function 7400 $ 426,500 $ 232,800 Upgrade Network Switches and Routers 16 smartboards Subtotal 10,000 93,000 103,000 4 Classrooms Furniture Subtotal 25,000 25,000 Replace 80 Computers/Laptops 12 New Computers Subtotal 88,000 16,800 104,800 City of A ventura Page 31 Charter School Fund Budget ORDINANCE NO. 2010-_ AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 201 0/11 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2010/2011 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the BudQet Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budaetarv Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. City of A ventura Page 32 Charter School Fund Budget Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Resolutions as may be necessary and proper to modify any line item from the Budget hereby. City of Aventura Page 33 Charter School Fund Budget Section 7. Encumbrances. All outstanding encumbrances at June 30, 2010 shall lapse at that time; and all capital outlay encumbrances and capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2010/2011 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. City of Aventura Page 34 Charter School Fund Budget / 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. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business f~ev;ew Uk/a Miami Review. a daiiy (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 A VENTURA - PUBLIC NOTICE OF PROPOSED ORDINANCES - MEETING - MAY 4, 2010 in the XXXX Court, was published in said newspaper in the issues of O.lI08/20 I (1 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 neittler paid nor promised any person, firm or corporation any discount. rebate. commission or refund for the purposG of securing thi dverti en for publication in the said newspaper. Sworn to and subscribed before me this 08;3,^~ (SEAL) O.V. FERBEYRE personally known to me ".-;,::;f.r;t;;;,_ B. THOMAS '.,~.,- f*{ ~:~ Commission # DD 937532 \1:'., .~~} Expires NOVember 2 2013 ~t,f;fir;Ir-~'~ &~~ Thru Trey F.;~r,ll1sl.!:ancp, ~1i~8~.i"019 ~~~ RfIJ~Eb -{6 J~ _~~ _.il~2-J_~___ h. CITY OF A VENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 4th day of May, 2010,1 . at a meeting of the City Commission of the City of Aventura to be held at 6:00 p.m.- in-the-Commission Chamber-of the Aventura Government I Center, 19200 West Country Club Drive, Aventura, Florida, the City Commission will consider the adoption of the following Ordinances on second reading, entitled: . . . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFI IAVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-17 IWHICH ORDINANCE ADOPTED A BUDGET FOR THE 2009/2010 FISCAL YEAR BY REVISING THE 2009/2010 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. THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE BOARD OF DIRECTORS OF THE AVENTURA CITY OF EXCELLENCE SCHOOL: 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ,AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, . WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF. EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/2010 (JULY 1 -I JUNE 30) BY REVISING THE 2009/2010 FISCAL YEAR BUDGETI DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;. AUTHORIZING THE CITY MANAGER TO DO ALL THINGS' NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;I PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinances may be inspected by ~he public at the Office ofl ,the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with! respect to the proposed Ordinances. Any person wishing to address the\ City Commission on any item at this Public Hearing may do so after thel Mayor opens the public hearing. ~ In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to: participate in this proceeding because of that disability should contact; the Office of the City Clerk, 305-466-8901, not later than two business' days. prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing. that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4/8_ Teresa M. Soroka, MMC City Clerk 10-4-288/1448561 M - Published Dally except Saturday. Sunday and Legal Holidays Miami. Miami-Dade County. Florida MIAMI DAILY BUSINESS REVIEW STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA. who on oath says that he or she is the LEGAL CLERK. 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 A VENTURA NOTICE OF PUBLIC HEARING I I I Date and Time of Public Hearing: . Tuesday, May 4, 201 0 6:00 p.m. Miami-Dade County Public Library 02-VAR-10 Applicant NamelNumber: j I Applicant Request: I Variance from Section 31-171(b)(6) of the City Code to allow forty-one (41) parking spaces where a minimum of seventy-nine (79) parking spaces are required by Code Location of Subject Property: 2930 Aventura Boulevard, City of Aventura CITY OF AVENTURA - PUBLIC HEARING - MAY 4.2010 MIAMI-DADE COUNTY PUBLIC LIBRARY - 02-VAR.10 in the XXXX Court. was published in said newspaper in the issues of 2?1~ APR~~____ _____A_D___:~____ ___ (SEAL) Legal Description: Part Tract G, Aventura Second Additi~n, according I I to the plat thereof recorded in Plat Book 99, Page 21'1 I of the Public Records of Miami-Dade County, City of I Aventura,Florida (complete legal descriptio available r at the Community Development Department) J Plans are on file and may be examined during regular business hours at I the City of Aventura Governmer:lt Center, Community Development I Department, 19200 West Country Club Drive, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application snay change during the hearing proce~s. ;rhe Public Hearing will be held in the City Commission Chamber at City of Aventura Government Center at the address above. Your comments may be made in person at the hearing or filed in writing prior to the hearing Bate. Refer to applicant/property on correspondence and mail same to City of Aventura Government Center, Community Development Department at the address above. For further information, please calli (305) 466-8940. I In accordance with the Americans with Disabilities Act of 1990, alii persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office ot'the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. j If a person decides to appeal any decision made by the City Commission' With respect to any matter considered at a meeting or hearing, that person~ will need a record of the proceedings and, for such purpose, may need to lmsure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 04/21/2010 Affiant furtller says that the sai(J Miami Qaily Business Review is a newspaper published at Miami in said Miami-Dade County. Fiorida 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 t/lat he or she has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing t . ublication in the said news Sworn to and subscribed before me this I M21 Teresa M. Soroka, MMC, City Clerk _ _1.0.:.3.:.~3.3l1456.1363M MARIA MESA personally known to me \,~,'U"I,~ ..:-~....tri&. '(.ri~t;'''", ~:7.. '~';; :.0.6 L. ."i.~ --1/,f" ..~., IIRf'I~I'" ~ 8. THOMAS Comrni~sion # DO 937532 Ex;:,jres November 2, 2013 Bt'l"\~~.-j Thr.1 rroy F:a:r: lrl:sur"w..c 800-385-7019 / MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Miami.Dade County, Florida CITY OF A VENTURA NOTICE OF PUBLIC HEARING STATE OF FLORIDA COUNTY OF MIAMI-DADE: Date and Time of Public Hearing: Tuesday, May4, 2010 6:00 p.m. Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, 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 I. Applicant Name/Number: I Walgreen Co. 01-CU-10 21 day of APRIL y8. ,A.D. 2010 ~ Applicant Request Conditional Use approval to sell beer and wine in its existing pharmacy/drug store in the retail plaza a~ 3007 Aventura Boulevard, notwithstanding the, spacing and distance requirements for the sale anc~ service of alcoholic beverages of Section 4-2 (a) and (b) of the City Code. . I · Location of Subject Property: 3007 Aventura Boulevard, City of Aventura - I I Legal Description: Part of Tract "S", Aventura Seventh .Addition'I' according to the plat thereof recorded in Plat Book 120, Page 99 of the Public Records of Miami-Dade County, City of Aventura, Florida (complete legal I description available at the Community Developmentl Department) I Plans are on file and may be examined during regular business hours at I the City of Aventura Government Center, Community Development DEh partment, 19200 West Country Club Drive, Aventura. FI\lrida. 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. . The Public Hearing will be held in the City Commission Chamber at City ofl Aventura Government Center at the address above. Your comments may, be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail same tol ICity of Aventura Government Center, Community Development Depart- Iment at the address above. For further information, please call (305) 466- 18940. Iln accordance with the Americans with Disabilities Act of 1990, all per- Isons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. .If a person decides to appeal any decision ma~e by the C!ty Commission I with respect to any matter considered at a meeting or heann.g, that personl '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 I' ~ ,based. 1 : Teresa M. Soroka, MMC, City Clerk CITY OF A VENTUnA - PUBLIC HEARING - MAY 4, 2010 WALGREEN CO. - 01-CU-10 in the XXXX Court, was published in said newspaper in the issues of 04/21/2010 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, rebat mission or refund for the purpose of securin . adv ublication in the said news Sworn to and subscribed before me this (SEAL) .4/21 _ __ _1 0;3;2~4/145B8.9.iM MARIA MESA personally known to me ..llI-_..........~ .~ ~'''''...., B 1HOMAS ~~!fI'.fy.1.;;-":. ("omm',<:~iO(1 # DO 937532 ~ . ......:::...1 I....... t .., ~*: ~.';: :' ~ {:vpires t.':.,ol,.'.ernc\er 2, ...013 ~_.~';:..~ ....r.. . ~3.5.70i9 ~...",:~'t.''';.';~''''o<J:~ 8o~'fh,,\: I'Qvr<l\l1.;i\SUf~:1CO "~;,li:~,W\\'" _.. t r.oI'<~~ ~~.' -- / 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 MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a uaily (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 A VENTURA - PUBLIC HEARING - MAY 4, 2010 MARINA CONDOMINIUM ASSOCIATION INC. - 01-VAR-10 in the XXXX Court, was published in said newspaper in the issues of 04/21/2010 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. reb ission or refund for the purpose of sec . ication in the said n spa per. Sworn to and subscribed before rne this MARIA MESA personally known to me ....'\';Il~"'t. l~~~r.""l:'t:;'o \~ ~\~! ...~..~ -r\:,o~';- ,Ru.~"\ B. THOillAS Commission # DO 937532 Expires No\!(,mber 2, 2013 Bonded Thru T r()~ fil"', li'!:;1jl'31)Ce 8GO.3B5~'O 19 __._..~ .".. II' -~ , t \ CITY OF A VENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, May 4, 20106:00 p.m. 'Applicant NamelNumber: Marina Condominium Association Inc.01-VAR-10 . I Applicant Request: Variance from Section 31-171 (b)(5) to allow four (4) parking spaces where a minimum of nine- teen (19) parking spaces are required by Code;' Variance from Section 31-172(c)(2) to allow al driveway separation of 127 feet, where a mini- mum separation of 150 feet is required by Code; and Variance from Sec. 31-221 (i)(2) to allow a 0 foot wide landscaped buffer along the east side of the parking area, where a minimum 7 foot wide landscaped buffer is required by Code Location of Subject Property: Aventura Marina Condominium East side of NE 34 Avenue between North Country Club Drive and NE 207 Street, City of Aventura Legal Description: All of Aventura Marina Condominium No.1, a condominium according to the Declaration of Condominium thereof, as recorded in Official. Records Book 8096, Page 876 of the Public' Records of Miami-Dade County, City of Aventura, Florida (complete legal description available at the Community Development Department) Plans are on file and may be examined during regular business hours at \he City of Aventura Government Center, Community Development Department, 19200 West Country Club Drive, Aitentura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Hearing will be held in the City Commission Chamber at City of Aventura Government Center at the address above. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail same tol City of Aventura. Government Center, Community Development, Department at the address above. For further information, please call (305) 466-8940. In accordance with the' Americans with Disabilities Aci of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides.to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing. that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be, based. I 4/21 Teresa M. Soroka, MMC, City Clerk __tO~2L1456695~, MiamlHerald.com I THE MIAMI HERALD FROM THE FRONT PAGE <C c::: J: ::J I- :IE z CO w ..... ~ <C <c LL C 0 0 ~ .. 0 Ql U t/) Q) C 0 N Q) (j; Cl C E L: ('\J ('\J Q) a.. 0 z Ul C ~ C t 0 'C Q) ~ (,) .9:1 > Ul "0 Q) Q) C3 <C (/) 0 ..... ..... Cl Cl Q) Q) I'- I'- C! In In Q) Q) Cl ~ CO CO ..... all oo:t oo:t >< CO CO ..... OJ ..... Q) .0 E L: ::J Qj Q) Z .0 c.. E c ~ 0 ::J t ..... z Q) Q) 0 "0 Ul .!:::! "0 <C c (/) U - lOA I SATURDAY, APRil 24, 2010 A2 HAITI AFTER THE EARTHQUAKE Deportees' skills link patients, caregivers Ramona Rung oi Pem- broke Pines iell the same when Jimmy Louis had to leave, The retired Opa lacka Elementary School teacher and her husband became his foster parents when Louis was 11. They too remain close. In a 1995 Miami Herald story headlined "All- Around Athlete Overcom- ing Odds," Louis said he hadn't seen his mother in five years. He'd attended at least 10 elementary schools and had committed petty crimes. "Regardless of what has happened, I'm going to make it," said Louis, then a 16-year-old sophomore on the junior-varsity football team, on the SOCCer team, an undefeated varsity wrestler who ran cross country and bowled. He graduated Holly- wood Hills with above- average grades, Rung said. but was arrested at 18 and spent a year in jail on a false imprisonment cbarge. The case involved a teenage girl who claimed Louis had sex with her aiter someone put a date- rape drug in her drink. At 21, he was back in Haiti. Now be's 32. Because of his athletic background. Louis has been doing physical ther- apy with some ot' the injured. "1 was incredibly proud ol him in Milot," said Rung. who visited in early April. "As devastat- ing as the whole thing is, this might be a plus for Jimmy:' They did so well that they began earning 515 a day in mid-April. "They have detinitely been critical to the opera- tion," said Paterson. who estimates 240 quake vic- tims remain at the hospi- tal. Beside conveying essential information in life-and-death situations, the translators offer "that personal touch and address concerns that patients have," Paterson said. "They dropped straight {rom heaven." PEn.,\NDIl[W 1IOSC1!/M1,\Ml HlltAUl . The t~am includes OVERSEES TRANSlATIONS: Patrick Etienne, a t~y ~~s'S~~;~~~~ deportee from Miami, holds a child's hancl. star in the 19905; Patrick Louissaint. a doctor's son; Wilfin Tennor, who installed skylights at Dor- ai's Dolphin Mall, and Allred Desir. an Edison High School graduate. A typical shiit might find them scrubbing lor the OR, comforting a grieving family, or helping those being discharged pack for an ll-hour bus ride back to to the capital. "The other day, I had to explain to a guy that the docton had to cut his leg off." said Louis. "He didn't know about gangrene. so I had to con- vince him to trust the doc- tor," Etienne seems to be everywhere at once: posi- tioning a child on the X-ray table, pushing a wheelchair, tinding sup- plies {or a nurse, even showing a new mother how to change a diaper, "It's chaos," he said one day in March, scurrying across the Z5-year--old hos- There's a blood bank, a dentist, a mobile clinic. But nothing has been normal since Jan. 14, when a helicopter swooped in with the first oi 600 injured people {rom Port- au-Prince. To cope with the influx, administrators at the hos. pital. run by tbe Massa- chusetts.based Crudem Foundation, comman- deered adjacent school dorms and erected tents in a courtyard As foreign medical per- sonnel rushed in, Etienne became a vital link between English-speaking practitioners and their Creole-speaking patients. "In all ol 2009. we sent 170 volunteers," said Joni Paterson, Crudem's direc- tor ol administration and development. "In the tirst three months this year, it's certainly been over 1,000." Crudem bired Etienne last June. After the quake. he recruited several (riends as volunteers. . DEPORTEES, fROM 1,l Etienne, now 33, had lived in Miami baUhis life. After a year behind bars for a burglary. he landed in the Western Hemi- sphere's poorest nation, where even before JaD. U. millions lacked the basic amenities that even desti. tute Americans take lor granted: tlush toilets and electricity. The tiny bunji;alow that Etienne shares with his wife and two children out- side Milot has neither. But his job more than compen- sates. "Being a translator has changed my lile in ways I never imagined," he said, "I've always wanted to help my people.., That kind ot' blinds the needs I have." In normal times, the Sacre Coeur staff delivers babies and sets lractures. treats malaria and TB, teache~ HIV prevention and good nutrition. ..; l: '" " o '" >- l: .. '" en o e- ::J Co f! o ~ '0 c. )( '" >- .. ~ >- l: .. .5 o .. -" o ~ '" > .. .. > .;: '" "0 '" ... f! '" '0 l: >- .. E ::J o >- ,; '" ... '" 'ti .5 '" Cl .. Co "0 l: .. '" ... "0 '" :5 l: o "0 iij Q; :t: 'E .. :i '" J: ~ .5 "0 O~ '" "t""" Co Og- N~ -'" oq-:5 -. ... ""'II :5 -", oq-g O~ 'S: '" '" (I) .; ......~ ~g C~ .. c:~ O'S: ._ 0 ....a. ~.!! og Qj -'" .ct? :sa:;: Q.~ when the aunts who raised him in Cap-Haitien sent him to his mother in Miami. But from eighth grade on. he was in and out ol state care - and trouble with the law, "My fust crime was a strong-arm robbery at the end oi 1989 or beginning of 1990," he recalled. "Back then, I was out on tbe streets (or almost silt months. Mom said she didn't have room lor thieves and thars how I ended up in [state] cus- tody." The crime that got him deported was a 1996 bur. glary in Miramar. His sentence com- pleted. he was turned over to (ederal authorities "to be tlown to Haiti.n Miami-Dade Public Deiender Marie Osborne represented him as a juve- nile and remains part ol his lile: "It broke my heart when he was deported." pital's compound with a walkie-talkie that never stops. "When I'm here. there's 20 of me:' Canadian nurse Emily Pastor, enlisting Etienne in a mattress hunt. pro- claimed him "a cool dude, He does way more than he's supposed to," For Etienne. returning to the hospital at night and working on day~ off seems a minor sacrifice com- pared to those made by volunteers from places like St. Louis. Boston, and Jacksonville. "All these people come here on their own time." Etienne said, "They work 20 hours a day lor the least ol these people. and they cry like it was family when some- body dies, so how can I not stay around to keep things going?" He grew momentarily somber. "I got deported because I was selrish." Etienne was II in 1987 Due To Complaints By Other Dealers We Cannot Show Their Prices On This Ad. Don't Be Fooled By Oth8l' Dealel1 Claiming To Give Back Ow-er $4000. We Have The Best Bottom line Pricing GUARANTEED! .- <;;0"',-0"" ..,pl:l;IALISr: L! f11:; 'iii .......--......- """"_...,..........._,.."-'_.,, ------- FREE SERVICE CALLS THAT'S RIGHT! FREE MEANS FREE! We Will Come Out And Diagnose The Problem With Your Home Ale For FREE Eyen It You Don't Use ARYMA' Oodirg To Fix The Problem.. 888.313.4255 www.aYClir.com POLITICS ObaIna: Overhaul iInlnigration policy .VI'-ll Our Web,lle hlr l".:rm. and COTIi.tlllUn) presidential candidate in 2008, but he didn't deal with issue during his fust year in the White House. Clarissa Martinez de Castro, the director of immigration for the National Council of La Raza. a Hispanic-Ameri. can lobby, said the Ari- zona immigration bill "creates a watershed moment that demands action from Congress and the White House." Mark Krikorian, the executive director of the Center for Immigration Studies, a research center that opposes amnesty lor illegal immigrants, said he didn't think that Demo- crats could - or even nec- essarily wanted to - pass a comprehensive immigra- tion bill this year. "My sense is this is really more about trying to limit the damage in November by trying to keep Hispanics lrom being too demoralized," Kriko- rian said. Krikorian also said that Democrats' only chance for legislation this year might be a narrow mea- sure such as the DREAM Act. which would give undocumented minors a right to citizenship it'they earn college degrees or complete term ofmilit.ary services. Miami Herald staff writer Lesley Clark con- tributed to this "port. ,;ve ;mm;- ~ g rat ion reform. .._ On Cap- '~" itol I;Iill. ,{I-\ . the leglsla- f-4Wl., t i \l e ., ... agenda already is - packed IUiEWEll through the summer. and fiuing in something as controver- sial as immigration appears unlikely. The agenda includes overhauling (mancial reg- ulation. an energy and c1i. mate bill. and a Supreme Court confirmation. Alter Labor Day, lawmakers will head to the campaign trail for November's elec- tions. Polls tind that most Americans want their leaders to iocus on the economy and jobs. How- ever, Hispanics. the fast- est-growing group of vot- ers, want action on immigration. The Rev. Samuel Rodri- guez, the president of the National Hispanic Chris- tian Leadership Confer- ence. said polls had found that Hispanics were disap- pointed by the president's inaction to date on his promise of It.-gislation. and also found "potential apa- thy toward the Demo- cratic Party" this fall by Hispanics. Obama vowed to over- haul immigration laws as a Obama said that the measure showed why Congress needed to pass a national immigration overhaul soon ,.It' we con- tinue to lail to act at a {ed- eral level," the president said, "we will continue to see misguided elforts opening up around the country." Obama, at a naturaliza- tion ceremony for mem- bers of the U.S. military. said the Arizona legisla. tion threatened "to under- mine basic notions of fair- ness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe." He said he'd instructed his administration. includ- ing the Justice Depart- ment. to study the law's impact on U.S. citizens' civil rights. The measure also drew reaction from U.S. Rep. Uncoln Diaz-Balart. R-Mi- "'". "1 strongly disagree with the Arizona immigra- tion law," said Diaz-Balart. "It alters American tradi- tion and long-standing policy making immigra- tion law enlorcement a federal matter. "And it strikes (ear in the hearts of many Ameri- can citizens and legal resi- dents." said the congress- man. who has long championed comprehen- "as we work to solve a cri- sis that we did not create and the lederal govern. mt."I1t has relused to (u," CITY OF AVEHTURA PUBLIC NOTICE OF PROPOSEO OROINANCE NOTICE IS ItERE6Y GMN lhal on Tuesday, May4,2010,atl meeting of the CIIy CommlS$ian of Itle City ofAvenb.nllbehelClal6pmlntlll! Comm~~berlntheAvenlIn GoYemmert ~er. 19200 West CoIJn(ryClub llnYe,Avenb.n,FIortda, ItleOtyCommISSlOl'lWlNW1Sldefthe ...cn DC till! ~0WlII!I Orl)nara onsecondlUdlng,entrtled: e ~ ~ e ~ ~ ...- ~ m ~ ...c ~ AN OODlNANCE OF THE CITY Of AVENT\.lP.A, R.0IlJDA, AOOPTWG THEATTACtEDCHAATERSCH:Xll ClPERATlNGAHDCAPlTAl8l..DGETFOR I THEAVEHTlIlAClTYOFEXCEUEHCE SCHOOl FOR FISCAL 'tEAR 2010r'11 (J.l.Y 1 -JUNE 30), Pt.fl:SlJANt TO SECTlQN 4.05 OfTHEClTY CHARTER: Al1fH()RIZIlG EXPENDrTURf. 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