05-04-2010
Zev Auerbach
Bob Diamond!
T eri Holzberg
Billy Joel
Michael Stern
Luz U rbaez Weinberg
A ':!be City of
~ventura
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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
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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
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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
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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.
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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)
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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
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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.
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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.
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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
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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
,,-...
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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
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10060 West McNab Road
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Phone: 954.718.7030
Fax: 954-718-7060
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UIXOI"'Tling On-Ste Sales :
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.. EARlY TO AVOID THE C.WOS I
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,,--.
Quality _ low Prices _ lifetime Guarantee
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10060 West....cNab Road. Tarnarac. FL 33321
Phone: 954.718.7030 Fax: 954.718.7060
www.inunisonkids.com
Save Time. Shop Online!
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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.
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About Us
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On-Site Sales
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We Recommend
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Our Partners
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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
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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
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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
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Exhibit #2
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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.
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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
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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
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Exhibit 2
01-VAR-l0
Exhibit 3
01-VAR-l0
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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
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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. $25.000.00 clltIe busirlells oJ'th& Applcalt Of ~presefItalNe in agtllen celertdar Y8'lr.
WffNESS MY fWIlltllS _ DAY OF
APPUCANT:
.2010
By.
Nine. ItlI:'tOQ" ~ll
1lIe:
~}
_ ----1PfnJ
/Pm()
W11NfSS MY HAND 1lI1S _.. DA.Y OF
PROPERlYmw.ER;
2GlO
By.
Name.Ioln......nn ~ll
Till:
{5igillIlrn)
(ftinIJ
(1rnI)
7'he terms "8usii1ess ReIarkxIs1ip.. "C5e.nt' 'CUSlrJmef.. "Applicant.' "/?epreS1'ItllaJfVf' 8nd "irlterP.sted Person. aff: deIined in
Section 2.]95 ullhe A~ CJtyCade.
STATE 0' Fl(JiJJ).\ )
COlJHJY{Jf ~
. BeiOI'e nw:. IIIB ~aJh:irII)o. pl!I'I;OJIdy lIppNIelI-lilrt an ~ 11
~ .... Aalaoll tllIlEI j1U~ ~ IIerein _ltal t is !JIoIe lII'III ttmIcl
lD\l MiIIfll M1~ ~ lnt by m~ Ilir WIIrn, _~ __ /lr affain lt1ii hBl&hL
AFFrANT
SWORN TO MOS~SCflIElEO brin IJlllIhi:!. _ [lay Q(
,2(110
Nol1uy N.i:: ~tt of fbidll Allatg,
PFWcd Name oifllDy
My l.n"III1iui(W1 ~
WITNESS MY HAND THIS DAY OF
REPRESENTATM;; (l.i&1ed UI ElLl&in8li6 ReIaIIOtI!hill AlfrdM)
By: (SiuJmweJ
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2) Applicll'Il:$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
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~. · ~ . ~Cclmmlssion ElqlWesApI 28. 2010
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,~
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~:7.. '~';;
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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
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"~;,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
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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.
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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
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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:
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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.
OF A.IIDS ESTABUSHED BY
THE 8l..DGET; PRJVDING FOR
Bi..lXENlV CONTROL.; PROVlllWG
FOR PERSONNElAl1THOflllA.TJ)N;
PROVDINGFORGl'TSNlDGIWlTS;
PACM:>fjG FOR .AMENDMENTS;
PROVlDlNGFOR~
~GFORSEVEIWllITYAND
PROVDlt1IG FOR ,III EfffCTM DATE
Th! proposed OtOnance may be
r.&pe&1tldbylhepo.dil:arll'ollOllicea/
theOtyClet1taIGo-lemmertCe:1ter,
Fil~pa1iesmayaPllf!aratll'oll
PIPl:HearlngnbeheardWltrJ
respedwtht~()rdInance
NlyperwrlWlShulliJwao:lressltle
City CommISSion on any llelTl at 1M
MlcHeanng may do so aft!r the
Mayotopensthe~lcheilflng.
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