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05-03-2011GECE Commission City Mart Susan Gottlieb, Mayor The City ®f Eric M. Soroka, ICMA -C Zev Auerbach ��ifur C e1 sa M. Bob Diamond Teresa M. Soroka, MMC Teri Holzberg y J Ci Bill J 1J Attorne ' Michael Stern Weiss Scrota Helfman Luz Urbiez Weinberg Pastoriza Cole & Boniske MAY3,20116pa Government Center 19200 West Country Club Drive Aventura, 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 PRESENTATIONS: 10 year service awards to employees; Presentation to Raya Elias Pushett 6. CONSENT AGENDA: Matters included under the Consent Agenda are self - explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: April 5, 2011 Commission Meeting April 14, 2011 Commission Meeting April 14, 2011 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF GOLDEN BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE APRIL 12, 2011 MUNICIPAL SPECIAL MAIL -IN BALLOT ELECTION, AS CERTIFIED BY May 3, 2011 THE CANVASSING BOARD AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SWEETWATER 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. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. MOTION TO ACCEPT THE CITY MANAGER'S REVIEW OF ORDINANCE NO. 2008 -08 TRANSPORTATION MITIGATION IMPACT FEE AS CONTAINED IN THE ATTACHED STAFF REPORT 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 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DENYING A SIGN VARIANCE FOR HHGREGG, INC. ON THE RETAIL BUILDING LOCATED AT 19925 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. 8. ORDINANCES: FIRST READING - PUBLIC INPUT: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2010 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2010/2011 FISCAL YEAR BY REVISING THE 2010/2011 FISCAL YEAR 2 May 3, 2011 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. 9. ORDINANCE — SECOND READING — PUBLIC HEARING: CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: 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 2011/12 (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. 10. RESOLUTIONS — PUBLIC HEARING: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS WORKSHOP MEETING MAY 12, 2011 9AM 5 FL. EX.CONKROOM COMMISSION MEETING JUNE 7, 2011 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, 305466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. 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 305466 -8901. 3 A MINUTES CITY COMMISSION MEETING APRIL 5, 2011 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, 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 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Vice Mayor Diamond, passed unanimously and the following action was taken: A. The following minutes were approved: March 1, 2011 Commission Meeting March 24, 2011 Workshop Meeting B. The following motion was approved: MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS C. Resolution No. 2011 -27 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, 2010 AND THE LETTER DATED MARCH 3, 2011 ATTACHED HERETO AS ATTACHMENT "A" E. Resolution No. 2011 -28 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN CORONADO CONDOMINIUM ASSOCIATION, INC., AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2011 -29 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC., AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. Resolution No. 2011 -30 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN ELDORADO TOWERS CONDOMINIUM ASSOCIATION, INC., AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. H. The following motion was approved: MOTION TO EXTEND THE TIME TO OBTAIN A BUILDING PERMIT FOR THE CONSTRUCTION OF THE NEW NORTHEAST PUBLIC LIBRARY BRANCH FOR A FURTHER SIX (6) MONTHS FROM MAY 4, 2011 TO NOVEMBER 4, 2011. 2 A representative of Miami -Dade County Library Services addressed the Commission. 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 Clerk. None. 7. ORDINANCES: FIRST READING /PUBLIC 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. 2010 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2010/2011 FISCAL YEAR BY REVISING THE 2010/2011 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. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY AMENDING SECTION 2- 191 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2 -192 "APPOINTMENT OF BOARD MEMBERS PROCESS ", SECTION 2 -193 "ADVISORY CAPACITY ", SECTION 2 -194 "RULES OF PROCEDURE; QUORUM ", AND SECTION 2 -195 "MISSION; JURISDICTION AND DUTIES "; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 3 A motion for approval was offered by Commissioner Weinberg, and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously. 8. ORDINANCES: SECOND READING /PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PROVISIONS OF THE POLICE OFFICERS' RETIREMENT PLAN TO COMPLY WITH THE INTERNAL REVENUE CODE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Auerbach, and seconded by Commissioner Stern. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously and Ordinance No. 2001 -02 was adopted. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: As presented. Mr. Wolpin advised that an executive session would be scheduled in the near future in the Burstyn red light camera litigation. 11. PUBLIC COMMENTS: Murray Frank, President of Eldorado Towers; Jonathan Evans, Williams Island. 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 6:30 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4 MINUTES '1U Cky of CITY COMMISSION SPECIAL MEETING Aventura Government Center 19200 W. Country Club Drive April 14, 2011 9 a.m. Aventura, Florida 33180 wow wow.. 1. CALL TO ORDER/ROLL CALL The meeting was called to order at 9 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, Mayor 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. 2. CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS ORDINANCE — FIRST READING — PUBLIC INPUT: 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 2011/12 (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 Commissioner Joel and seconded by Commissioner Holzberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 3. ORDINANCES— SECOND READING — PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2010 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2010/2011 FISCAL YEAR BY REVISING THE 2010/2011 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 Stern. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2011 -03 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY AMENDING SECTION 2- 191 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2 -192 "APPOINTMENT OF BOARD MEMBERS PROCESS ", SECTION 2 -193 "ADVISORY CAPACITY ", SECTION 2 -194 "RULES OF PROCEDURE; QUORUM ", AND SECTION 2 -195 "MISSION; JURISDICTION AND DUTIES "; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Diamond and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2011 -04 was enacted. 4. The following motion was made by Commissioner Stern, seconded by Commissioner Weinberg and approved unanimously: MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION AS OUTLINED ON EXHIBIT "A" TO THE AGENDA. 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 at 9:30 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 MINUTES CITY COMMISSION WORKSHOP MEETING APRIL 14, 20119:30 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL The meeting was called to order at 9:30 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. NALEO CONFERENCE (Commissioner Weinberg): Commissioner Weinberg requested consensus approval for her attendance and participation in this year's NALEO Conference to be held in San Antonio, Texas. CITY MANAGER SUMMARY: Consensus to approve. Mayor Gottlieb advised the Commission of the details of the Miami -Dade Mayoral Candidates' Forum scheduled for April 28 at the Aventura Turnberry Jewish Center. Mr. Wolpin presented details to the Commission of a proposed essay contest the law firm would like to offer to high school seniors who are residents of Aventura. The winner of the "Tell Us Why Aventura Is Special" essay contest would be given a prize of $1,000. 2. ADJOURNMENT There being no further business to come before the Commission at this time, the meeting adjourned at 9:45 a.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. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Cit 7nag r DATE: April 5, 2011 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the Town of Golden Beach May 3, 2011 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Town of Golden Beach. 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 CCO1737 -11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF GOLDEN BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the Town of Golden Beach for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner 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 who moved its and upon being Resolution No. 2011 Page 2 PASSED AND ADOPTED this 3rd day of May, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY MUTUAL AID AGREEMENT Between the City of Aventura and the Town of Golden Beach WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida and the Town of Golden Beach, 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 are likely to be, beyond the control of the services, personnel, equipment of facilities of the participating municipal police departments; and WHEREAS, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating 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 City of Aventura, subdivision of the State of Florida, and the Town of Golden Beach, subdivision of the State of Florida, undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 1 3. Definitions: a) Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. b) Agency or participating law enforcement agency: Either the Aventura City Police Department or the Town of Golden Beach Police Department. C) Agency head: Either the Chief of the Aventura City Police Department, or the Chief's designees; and the Chief of Police of the Town of Golden Beach Police Department, or the Chief's 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 Statutes. 4. Operations: a) In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. 2 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 of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: a) All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b) The political subdivision having financial responsibility for the law enforcement agency providing 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 financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of the rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. 3 Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. d) All exemption from ordinance 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 extraterritori ally under the provisions of the Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operation of this 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. 4 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2015. Under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED TO AND ACKNOWLEDGED this City Manager, City of Aventura, Florida day of 20 Town Mayor, Town of Golden Beach, Florida ATTEST: City Clerk, City of Aventura, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney, City of Aventura, Florida ATTEST: Town Clerk, Town of Golden Beach, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Town Attorne #, Town of Golden Beach, Florida »1 JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND THE CHIEF OF THE TOWN OF GOLDEN BEACH POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A 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. • spontaneous response where assistance or aid is apparent (see #9 below) In compliance with, and under the authority of, the Mutual Aid Agreement, heretofore entered into by the City of Aventura and the Town of Golden Beach, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi - jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations, crowd and traffic control measures, including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing persons calls. C. 9. Participating in exigent situations without a form, occurrences such as area searches for wantec progress, escaped prisoners. Traffic stops near back -up assistance and no local unit is available indicating an officer is injured, calls indicating a which a citizen may likely be injured and the ass area than the officer receiving the call. 10. Enemy attack. 11. Transportation of evidence requiring security. it request which are spontaneous I subjects, perimeters, crimes in municipal boundaries, request for or nearby, calls or transmissions crime or incident has occurred in isting municipality is closer to the 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, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 16. Joint training in areas of mutua': need. DATE: f DATE: Chief Steve Steinberg Chi f James Skinner Aventura Police Department G den Beach Police Department ATTEST: City Clerk ATTEST: / M 7r/ t` own Clerk `A AGENDA ITEM NO. 6 -C RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE APRIL 12, 2011 MUNICIPAL SPECIAL MAIL -IN BALLOT ELECTION, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 12, 2011, a Municipal Special Mail -In Ballot Election was held in the City of Aventura pursuant to Resolution 2011 -17 which proposed amendments to the City Charter pursuant to the recommendation of the Aventura Charter Revision Commission; and WHEREAS, Section 26 -1 of the Aventura City Code provides that the City Clerk shall present a certification of election results to the City Commission at the first meeting of the City Commission following the election; and WHEREAS, the Canvassing Board has canvassed and certified the election results and this Commission wishes to adopt the election results as certified by the Canvassing Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The results of the April 12, 2011 Municipal Special Mail -in Ballot Election, as certified by the Canvassing Board and attached hereto, indicate that the proposed Charter amendment was not approved by the electors. Section 2 . 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. 2011 Page 2 PASSED AND ADOPTED this 3�d day of May, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY "Official" CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA COUNTY OF MIAMI -DADE We, the undersigned, County Court Judge SHELLEY J. KRAVITZ, Chairperson, County Court Judge, DON S. COHN, Substitute Member, and County Court Judge, NORMA S. LINDSEY, Substitute Member, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 13th day of April, A.D., 2011, and proceeded to publicly canvass the votes cast for the question herein specified at the Aventura Special Mail Ballot Election held on the 12th day of April, A.D., 2011, as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: Revised Limit on Total Combined Years of Service as Mayor and Commissioner The City Charter currently allows a person to serve up to 8 consecutive years as Mayor and Commissioner, regardless of whether that person serves as Mayor or Commissioner or serves separately in both capacities. It is proposed that the City Charter be amended to allow a person to serve a combined total of 12 consecutive years, for any person who serves as both Mayor and Commissioner. Shall the above - described Charter amendment be adopted? Yes 580 No 2,674 * *Official ** MIAMI -DADE COUNTY CANVASSING BOARD: County Court Judge SHELLEY J. KRAVITZ Chairperson // 1 Y 4 County Court Judge DON COHN Substitute Member V �;; , County tourt Ju ge NORMA S. LWDSEY Substitute Member SUMMARY REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12, 2011 RUN DATE:04 /13/11 11:03 AM REPORT -EL45 PAGE 001 VOTES PERCENT PRECINCTS COUNTED (OF 8) . . . . . 8 100.00 REGISTERED VOTERS - TOTAL . . . . . 17.978 BALLOTS CAST TOTAL. . . . . . . 3.290 VOTER TURNOUT TOTAL . . . . . . 18.30 QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . . . . . . . 580 17.82 NO /N0. . . . . . . . . . . . 2,674 82.18 Over Votes . . . . . . . . . 10 Under Votes . . . . . . . . . 26 I AJ 5 4. <. 6 S'4 I t V PRECINCT REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12, 2011 RUN DATE:04 /13/11 11:05 AM 1020 PRECINCT 102.0 REGISTERED VOTERS - TOTAL . BALLOTS CAST TOTAL. . . VOTER TURNOUT TOTAL . . QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . NO /NO. . . . . . Over Votes . . . Under Votes . . . VOTES PERCENT . . . . 3066 . . . . 598 . . . . 19.50 112 18.73 486 81.27 0 0 REPORT -EL30 PAGE 1020 -01 PRECINCT REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12, 2011 RUN DATE:04 /13/11 11:05 AM 1030 PRECINCT 103.0 REGISTERED VOTERS - TOTAL BALLOTS CAST TOTAL. VOTER TURNOUT TOTAL QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . NO /NO. . . . . . Over Votes . . . Under Votes . . . VOTES PERCENT 2905 548 18.86 102 18.89 438 81.11 1 7 REPORT -EL30 PAGE 1030 -01 PRECINCT REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12, 2011 RUN DATE:04 /13/11 11:05 AM 1090 PRECINCT 109.0 REGISTERED VOTERS - TOTAL BALLOTS CAST TOTAL. VOTER TURNOUT TOTAL QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . NO /N0. . . . . . Over Votes . . . Under Votes . . . VOTES PERCENT 3607 571 15.83 99 17.62 463 82.38 4 5 REPORT -EL30 PAGE 1090 -01 PRECINCT REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12. 2011 RUN DATE:04 /13/11 11:05 AM 1110 PRECINCT 111.0 REGISTERED VOTERS - TOTAL BALLOTS CAST TOTAL. VOTER TURNOUT TOTAL QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . . NO /NO. Over Votes . . . . Under Votes . . . . VOTES PERCENT 4209 717 17.03 . . . . . 131 18.48 . . . . . 578 81.52 2 6 REPORT -EL30 PAGE 1110 -01 PRECINCT REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12, 2011 RUN DATE:04 /13/11 11:05 AM 1120 PRECINCT 112.0 REGISTERED VOTERS - TOTAL BALLOTS CAST TOTAL. VOTER TURNOUT TOTAL QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . NO /N0. . . . . . Over Votes . . . Under Votes . . . VOTES PERCENT . . . . 548 . . . . 89 . . . . 16.24 . . . 15 17.05 . . . 73 82.95 0 1 REPORT -EL30 PAGE 1120 -01 PRECINCT REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12, 2011 RUN DATE:04 /13/11 11:05 AM 1130 PRECINCT 113.0 REGISTERED VOTERS - TOTAL BALLOTS CAST TOTAL. VOTER TURNOUT TOTAL QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . NO /NO. . . . . . Over Votes . . . Under Votes . . . VOTES PERCENT 1052 246 23.38 33 13.41 213 86.59 0 0 REPORT -EL30 PAGE 1130 -01 PRECINCT REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12, 2011 RUN DATE:04 /13/11 11:05 AM 1840 PRECINCT 184.0 REGISTERED VOTERS - TOTAL BALLOTS CAST TOTAL. VOTER TURNOUT TOTAL QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . NO /N0. . . . . . Over Votes . . . Under Votes . . . VOTES PERCENT 2520 514 20.40 88 17.46 416 82.54 3 7 REPORT -EL30 PAGE 1840 -01 PRECINCT REPORT OFFICIAL SPECIAL ELECTION OFFICIAL RESULTS AVENTURA, FLORIDA APRIL 12, 2011 RUN DATE:04 /13/11 11:05 AM 1860 PRECINCT 186.0 REGISTERED VOTERS - TOTAL BALLOTS CAST TOTAL. VOTER TURNOUT TOTAL QUESTION 1 CITY:AVENTURA Vote for 1 YES /SI . . . . . NO /N0. . . . . . Over Votes . . . Under Votes . . . VOTES PERCENT 71 7 9.86 0 7 100.00 0 0 REPORT -EL30 PAGE 1860 -01 M I A M I•DADE ELECTION Elections 2 700 NW 87th Avenue Miami, Florida 33172 T 305 - 499 -VOTE F 305 - 499 -8547 TTY: 305 - 499 -8480 AVENTURA SPECIAL MAIL BALLOT ELECTION miamidade.gov DATE OF ELECTION: APRIL 12, 2011 CERTIFICATION OF ELECTION TABULATION I, the undersigned, Teresa M. Soroka, Clerk of City of Aventura do by my signatures hereto, certify that to the best of my knowledge: 1. On April 12, 2011, commencing at approximately 7:00 p.m the Miami -Dade County Supervisor of Elections had the absentee ballot tabulating equipment tested to ascertain that the equipment will correctly count the votes cast for the candidates and/or issues, which have been voted on in the Aventura Special Mail Ballot Election held on April 12, 2011 2. The testing materials of the Public Test, delivered still under Seal No. -� 251'0 opened in my presence, were used and the procedures of Paragraph Two, Certification of Logic and Accuracy were followed. 3. At the completion of the above test all counters were zeroed, and all votes cast in the above election were counted. Steps have been taken to ensure the security of said materials prior to, during and subsequent to the election, except when said materials were properly in the possession of the Elections Department staff appointed to conduct the election. 4. Except as otherwise specifically set forth and declared in this certification, in our presence and sight, no absentee ballot was removed from or added, and no absentee ballot was in any manner altered or tampered with by any person, and no person touched any absentee ballot or PEB, except a person authorized to do so pursuant to Section 101.5612, Florida Statutes. 5. At the completion of the vote count, the absentee ballot tabulating equipment was again tested to ascertain that the equipment correctly counted the votes cast for the candidates and/or issues. 6. Stored in a container(s), sealed, dated and signed by me, were placed the voted absentee ballots [ ], voided ballots [ ], Logic and Accuracy reports [ ], and test materials [ J. The sealed container(s) was /were delivered to the undersigned and placed in my custody. Sig tune of Municipal Clerk C eresa M. S ro ca Date CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ager DATE: April 8, 2011 SUBJECT: Law Enforcement Mutual Aid Agreem nt Between the City and the City of Sweetwater May 3, 2011 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Sweetwater. 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 CCO1738 -11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SWEETWATER FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Sweetwater for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2011 Page 2 PASSED AND ADOPTED this 3 rd day of May, 2011. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney /tms LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE BETWEEN THE CITY OF AVENTURA AND THE CITY OF SWEETWATER MUNICIPAL POLICE DEPARTMENTS WHEREAS, it is the responsibility of the governments of the City of Sweetwater, and the City of Aventura 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, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man -made conditions whic►i are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the City of Sweetwater or the City of Aventura; and WHEREAS, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the City of Sweetwater and the City of Aventura; and WHEREAS, the City of Sweetwater and the City of Aventura have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a Mutual Aid Agreement; NOW, THEREFORE, BE IT KNOWN that the City of Sweetwater, a political subdivision of the State of Florida, and the City of Aventura, a political subdivision of the State of Florida, 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 1 terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 3. Definitions: a. Chief executive official: Either the City Mayor of the City of Sweetwater, or the chief executive official of the City of Aventura, who has the authority to contractually bind the agency and has executed this Agreement, upon the approval of the governing body of each governmental entity. Subsequent to the execution by the executive officials, this Agreement shall be filed with the City Clerk of the City of Sweetwater, and the Clerk of the City of Aventura. The Agreement may be amended at any time by filing subsequent Amendment(s), which will be subject to the same approval process, and shall thereafter become a part of this Agreement. b. Agency head: Either the Chief of Police of the Sweetwater Police Department or his designee, and the Chief of Police of the Aventura Police Department, or the Chief's designees. c. Participating law enforcement agency: The police department of any municipality in Miami -Dade County, Florida, that has approved and executed this Agreement. 2 d. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. SECTION I. TERMS AND PROCEDURES 1. Operations: a. In the event that a party to this Agreement is in need of assistance as specified herein, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and the 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 of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 2. Powers, Privileges, Immunities, and Costs: 3 a. All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b. The political subdivision having financial responsibility for the law enforcement agency providing 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 financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to the Agreement during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. d. All exemption from ordinances and rules, and all pension, insurance, relief, rd 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 extra territorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid, reserve and auxiliary employees. 3. Indemnification: Each party engaging in any mutual cooperation and assistance pursuant to this agreement agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such and pursuant to this agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. 4. Forfeitures: It is recognized that during the course of the operation of this 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, less the costs associated with the forfeiture action. Any participating agencies must request sharing, in writing, before the entry of a Final Order of Forfeiture, or they will be barred from claiming any portion of the property forfeited. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property, including, but not E limited to, the complete discretion to bring the action, or to dismiss the action, or settlement. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 5. 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. SECTION II. COMMAND AND SUPERVISORY RESPONSIBILITY 1. Command: The personnel and equipment that are assigned by the assisting entity shall be under the immediate command and direct supervision of a supervising officer designated by the Chief of Police or his /her designee. 2. Conflicts: Whenever an officer is rendering assistance pursuant to this agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his or her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure of the assisting agency shall control, and shall supersede the direct order. 3. Complaints: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the Chief of Police, or his /her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a minimum: 2 a. The identity of the complainant; b. an address where the complaining party can be contacted; c. the specific allegation; and; d. the identity of the employees accused without regard as to agency affiliation. If it is determined during the investigation of a complaint that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and /or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION 111. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the participating municipalities, it is hereby declared that the following list comprises the nature of assistance, and the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations 7 pursuant to the agreement. The list includes, but is not necessarily limited to, dealing with the following: Voluntary: 1. Joint multi jurisdictional criminal investigations. 2. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 3. Joint training in areas of mutual need. 4. Off -duty special events. 5. Joint multi - jurisdictional marine interdiction operations. 6. Security and escort duties for dignitaries. Operational: 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back- ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. E'a 11. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 12. Any natural, technological or manmade disaster. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bicycle, mounted, Special Response Teams, bomb, crime scene, marine patrol, and police information. 15. 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. 16. Terrorist activities including, but not limited to, acts of sabotage. 17. Escapes from or disturbances within detention facilities. 18. Criminal Traffic Enforcement which require immediate law enforcement intervention to safeguard lives and property. Including, but not limited to, DUI and Reckless Driving. 9 SECTION IV. PROCEDURES FOR REQUESTING MUTUAL AID The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Director /Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid and the Miami -Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners and operating temporary detention facilities will be handled per established procedures. SECTION V. CONCURRENT JURISDICTION It is to the mutual benefit of the participating municipal agencies through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs a. and b. below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. 10 a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the participating municipalities, for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for example, to or from court, or at any time when the officer is within the territorial limits of his or her jurisdiction, and provided that, in the context of this Mutual Aid Agreement, "official business outside of his or her jurisdiction" shall not include routine patrol activities. This mutual aid agreement excludes those areas within the territorial limits of the municipalities not participating in the Mutual Aid Agreement. b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of participating municipalities, for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes when such offense occurred in the municipality employing the arresting officer. However, absent a search warrant, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into 11 which the arresting officer has entered with the consent of an occupant entitled to give consent. When operating under mutual aid, municipal law enforcement officers may execute search warrants for offenses which occurred in the municipality. Municipal officers may execute the search warrant, impound all property, make arrests, and file the Return and Inventory. This concurrent jurisdiction excludes those areas within the territorial limits of the municipalities not participating in the Mutual Aid Agreement. Prior to any officer taking enforcement action pursuant to either paragraph a. or b. above, the officer shall notify the designated officer of the jurisdiction in which the action shall will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to ensure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. 1. General Requirements: a. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. b. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does include preplanned operations, undercover investigations, stings, or sweeps. c. Officers shall not conduct routine patrol activities outside of their jurisdiction. 12 d. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency, within whose jurisdiction the action was taken, as soon as possible after the action has taken place. e. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and /or crime scenes. f. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance, and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. SECTION VI. EFFECTIVE DATE This Agreement shall be in effect from date of signing, through and including, January 1, 2016 Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VII. CANCELLATION This Agreement may be cancelled 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. 13 AGREED TO AND ACKNOWLEDGED this - 131. teven Steinberg, Chief of Police City of Aventura, Florida Mr. Eric Soroka, City Manager City of Aventura, Florida ATTEST: Mrs. Teresa Soroka, City Clerk City of Aventura, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney City of Aventura, Florida 266438_1.DOC day of , 2011 Mr. o o Ful eira Chief of Police City of Sweetwater, Florida Mr. Manuel Marono, Mayor City of Sweetwater, Florida ATTEST: Mr. Marie 6. — Schmidt, City Clerk City of Sweetwater, Florida APPROVED Aj?O FORM AND LEGAL /SUI+'FICIENCY City Attorney I City of Sweetwater, Florida 14 JOINT DECLARATION BETWEEN THE CHIEF OF THE CITY OF SWEETWATER POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be consi- dered to be operating under the provisions of the mutual aid agreement when: • participating in law enforcement activities that are preplanned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Aventura, Florida and the City of Sweetwater, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent decla- rations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstra- tions, 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 elec- trical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress 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 ob- j ective. 14. Incidents requiring utilization of specialized units; e.g., underwater recov- ery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and po- lice information. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established pro- cedures. ZVI Steven Steinberg, Chief Aventura Police p ment Robe eira, Chie City of S eetwater Police Department Date //'o L/ Da 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ag r DATE: April 12, 2011 SUBJECT: Resolution Declaring Equipment Surplus May 3, 2011 Commission Meeting Agenda Item _64 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 CCO1740 -11 RESOLUTION NO. 2011- 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. 2011 Page 2 PASSED AND ADOPTED this 3� day of May, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: ren o is DATE: 8 April 2011 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: Please surplus the below listed property: 2 - FlashMax PS50 portable sign systems trailers as noted below: Make: National Signal Corporation Model: HIS -INFO -15172 VIN:1s9s110012L358172 Model: HIS -INFO -1567 VIN: 1 S9S110182L358167 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: a einberg, Chief of Police DATE: 14 April 2011 SUBJECT: Surplus Property 1 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: Please surplus the below listed property: Year VIN Make/Model Veh # 2009 2FAHP71V89X128833 Ford CN 3981 2005 2FAFP71 W15X172635 Ford CN 2536 2005 2FAFP71 W55X132557 Ford CN 3535 2004 2FAFP71 W34X124729 1 Ford CN 3461 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT City Commission Eric M. Soroka, ICMA -CM April 22, 2011 Review of Ordinance No. Transportation Mitigation Impact Fee I May 3, 2011 City Commission Meeting Agenda Item � -r RECOMMENDATION It is recommended that the City Commission accept the City Manager's review of Ordinance No. 2008 -08. BACKGROUND Section (f) of Ordinance No. 2008 -08 provides that the City Manager shall review the provisions of the Ordinance at least every three years and, if appropriate, make recommendations to the City Commission to revise it. The review has been completed and is attached to this memorandum. If you have any questions, please feel free to contact me. CITY OF AVENTURA CITY MANAGER'S REVIEW OF ORDINANCE NO. 2008 -08 TRANSPORTATION MITIGATION IMPACT FEE AS OF JANUARY 1, 2011 I. OVERVIEW On January 8, 2008, the City Commission passed Ordinance No. 2008 -08 establishing a Transportation Mitigation Impact Fee and Schedule for mitigation of transportation impacts by new development. The effective date of Ordinance No. 2008 -08 was January 1, 2009. Due to economic conditions on January 1, 2009, the City Commission passed Ordinance No. 2009 -4 extending the effective date to April 1, 2009 and further passed Ordinance No. 2009 -08 extending the effective date to September 30, 2009. II. PURPOSE OF THE ORDINANCE The Ordinance was enacted to support and fund mobility within the City's Transportation Concurrency Exception Area by collecting a transportation mitigation impact fee to allow the expansion, operation and maintenance of the City's Circulator System, also known as the Aventura Express. III. ADMINISTRATION OF THE ORDINANCE Section (a) of the Ordinance provides that any application for building permit or development activity shall be subject to the assessment of a transportation mitigation impact fee in the manner and amount set forth in the Ordinance. The schedule of fees is set out in Section (b) and provides the method of calculation and option for developers to provide alternative fee studies. Section (c) provides for exemptions and refunds. Sections (d) and (e) provide for expenditures of impact fees collected and establishment of the fund respectively. Section (f) of the Ordinance provides that the City Manager shall review the Ordinance at least every three years and, if appropriate, make recommendations to the City Commission to revise it. The first such review shall be no later than January 1, 2011. The City Commission shall consider the City Manager's recommended revision(s) to the Ordinance and decide whether to adopt them. IV. STATUS AS OF JANUARY 1, 2011 There has been no new development to which the impact fee applied during the period September 30, 2009 to January 1, 2011. The need to support mobility within our City remains unchanged. V. RECOMMENDATION No revision to the provisions of Ordinance No. 2008 -08, as amended by Ordinances Nos. 2009 -04 and 2009 -08, is recommended as of this review. The next review is scheduled for January 1, 2014. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I City Manager BY: Joanne Carr, AICP Community Develop nt hector DATE: April 12, 2011 SUBJECT: Request of hhgregg, Inc. for Sign Variance 19925 Biscayne Boulevard, City of Aventura (01- SV -11) May 3, 2011 City Commission Meeting Agenda Item 9 RECOMMENDATION It is recommended that the City Commission deny the request for variance to permit a wall sign measuring 294 square feet on the west building elevation; where one sign measuring 162 square feet is permitted by Code, for the hhgregg appliances & electronics store at 19925 Biscayne Boulevard. THE REQUEST The applicant, Bonnie Miskel, Esq. on behalf of hhgregg, Inc. is requesting variance from Section 31- 191(g)(2)a. of the City Code to permit a wall sign on a one -story retail building in the plaza at 19915 -19925 Biscayne Boulevard measuring 294 square feet, where a wall sign measuring 162 square feet is permitted by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY APPLICANT Deer Capital LLC Bonnie Miskel, Esq. for Hhgregg, Inc. (tenant) LOCATION OF PROPERTY LEGAL DESCRIPTION ZONING Subject property: Property to the North Property to the South Property to the East: Property to the West: EXISTING LAND USE Subject property: Property to the North: Property to the South Property to the East: Property to the West: 19925 Biscayne Boulevard (See Exhibit #2 for Location Map) Part Tract A -12, Aventura Twelfth Addition, Plat Book 146, Page 19 of the Public Records of Miami -Dade County, City of Aventura, Florida (See Exhibit #3 for complete legal description) B2, Community Business District RMF3, Multifamily Medium Density Residential District B2, Community Business District B2, Community Business District Biscayne Boulevard Retail Plaza Residential Condominium Regional Mall Medical Office Building Biscayne Boulevard FUTURE LAND USE — According to the City of Aventura Comprehensive Plan the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Medium -High Density Residential Property to the South: Business and Office Property to the East: Business and Office Property to the West: Biscayne Boulevard The Site - The subject site lies on the east side of Biscayne Boulevard at its intersection with NE 199 Street ( Aventura Boulevard). There are two large retail tenant spaces in the most easterly building. One of these spaces is occupied by Artefacto furniture store and the other space is the proposed location of this applicant, hhgregg, an appliance and electronics store. There is outparcel building in the southwest corner of the site occupied by Chili's restaurant. The Project — The applicant is proposing to open a 30,000 square foot electronics and appliance store in the tenant space formerly occupied by Borders book store. The applicant has submitted a sign package for the new store, which is comprised of one wall sign and a tenant panel on each of the two monument signs on this site. 2 The sign package, showing the requested size and location of the wall sign, is attached as Exhibit #4. The hhgregg tenant space has 162 lineal feet of store frontage. Our City's Sign Code permits one wall sign measuring a maximum of 162 square feet. The applicant is proposing one 294 square foot wall sign on the front (west) elevation of the building facing Biscayne Boulevard. Citizen Comments - The Community Development Department has not received any written or verbal citizen comments. ANALYSIS Section 31- 191(g)(2)a. of the City Code regulates wall signs on retail buildings. One wall sign per building is permitted, except two wall signs may be permitted for corner or through locations. This is not a corner or through location. The maximum size of the sign is one square foot for each one lineal foot of store frontage. This tenant space has 162 lineal feet of store frontage; therefore, one wall sign at 162 square feet is permitted by Code. The criteria for approval of sign variances are set out in Section 31- 1910)(8) of the City of Aventura Land Development Regulations, as follows: "The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required." The basic intent and purpose of the sign regulations is to allow signage that is effective in indexing the environment, serves as an index to needed goods and services, enhances the physical appearance of the City, promotes traffic safety while preventing visual distraction and is compatible with its surroundings, while discouraging signage that functions primarily as a marketing or publicity device. The applicant requests approval to install a wall sign measuring 294 square feet on the front (west) elevation of the store. This is 82% larger than the sign permitted by Code. Below we have set forth the components of the applicant's letter of intent and our corresponding staff analysis, as follows: 1. Applicant Statement: The applicant feels that as a new entry into the Florida market, the larger sign is needed to adequately identify its presence and provide recognition for customers. Staff Analysis: As stated in the basic intent and purpose of the sign regulations, a sign is to provide direction not marketing or publicity. 3 11. Applicant Statement. The building is approximately 220 feet setback from the road. The City Code allows larger signs for buildings that are setback 300 feet or more from the right of way. Staff Analysis: The sign regulations allow a wall sign measuring 1.5 square feet for each 1 lineal feet of tenant frontage for stores that are setback 300 or more feet from the right of way. This store location does not fall within that setback. The applicant has made facade improvements to its frontage as shown on the sign package. The sign will have red illuminated letters on a white background with yellow columns as shown in the sign package. This will provide clear visibility from the street. lll. Applicant Statement. The site has significant challenges that other retail properties do not have, including its location at a busy intersection, the visual obstruction of the Ives Dairy overpass, barricade elements on the overpass and highway directional signage. IV. Staff Analysis: This plaza frontage is adjacent to the Ives Dairy overpass on Biscayne Boulevard. As part of the cure plan approved after the FDOT right of way taking along the frontage of this property and after construction of the overpass, the City Commission approved a sign variance permitting relocation and enlargement of the monument sign on Biscayne Boulevard to compensate for the visual impact of the overpass. A monument sign measuring 18' high and 8' wide or 144 square feet was approved by Resolution No. 98 -56, where an 8' high by 6' wide or 48 square foot monument sign is permitted by Code. As part of the application documents submitted with that sign variance request, the owner of the property provided a sight distance drawing showing that the relocated, larger monument sign would be visible to southbound drivers on Biscayne Boulevard at 771 feet to the north, thereby allowing time to make turning decisions into this plaza. The monument sign allowed by Resolution No. 98 -56 is currently in place at this plaza. The hhgregg store will have an illuminated tenant panel on this larger monument sign which will provide visibility and direction to its store. V. Applicant Statement. The property is adjacent to the Aventura Mall which has larger signage that will cause people to focus on that signage, that this peripheral retailer gets lost in the shadow of the large regional mall and that because of its proximity to the mall, many customers will expect that it is located in the Mall, therefore requiring a clearer and more visible sign. Staff Analysis: The hhgregg store will have an illuminated wall sign, an illuminated tenant panel on the existing large monument sign on Biscayne Boulevard allowing drivers to make turning decisions and an illuminated tenant panel on the existing second monument sign on Aventura Boulevard at its 4 southerly entrance, all of which will clearly and visibly direct customers to its location. Vl. Applicant Statement: The clearer and more visible sign will enable drivers to have more time and be better prepared to make necessary turning decisions. Staff Analysis: The staff analysis of the applicant's statement on the visual impacts of the Ives Dairy overpass, detailed in "III" above, shows that it has previously been determined by City Commission that the larger monument sign on Biscayne Boulevard provides visibility and time to allow drivers to make necessary turning decisions. Vll. Applicant Statement. Due to the struggling economy, support of new retail businesses and allowing adequate identification and visibility is of the utmost importance. Staff Analysis: The City supports all its new businesses and has previously permitted larger monument signage on the Biscayne Boulevard frontage of this property to allow adequate identification and visibility. Vlll. Applicant Statement: Increased wall signage is needed to adequately inform the consumer of the nature of the business. The description "appliances and electronics" is needed to identify the products for sale and it would be inequitable to deprive the applicant of that detail or shrink the full logo down to a very small area in order to fit all the letters in the overall signage calculation. Staff Analysis: The sign regulations provide that signs in our City are measured by a rectangle enclosing all letters, symbols and logos. All signs in our City are reviewed in this manner. The two products, "appliances and electronics" are permitted by Code, at the tenant's option, but are included in the sign area calculation. It is staff's opinion that this request does not preserve the unique character of the City and is in conflict with the basic intent and purpose of the sign code for the reasons set out above. A wall sign at 294 square feet will not be compatible with surrounding land uses. A wall sign measuring 162 square feet in size on the hhgregg store, along with the tenant panels on the two monument signs allowed by Code will clearly and visibly direct customers approaching from both the north and south and from the east and west of the building to the store location. Prior to submission of this application for sign variance, the applicant provided, for staff review and discussion, a sign package showing a wall sign measuring 600 square feet, a wall sign measuring 384 square feet, a wall sign measuring 5 294 square feet and a code compliant wall sign measuring 154 square feet'. This sign package is attached as Exhibit #5. After a careful review of that package, staff advised the applicant that a code compliant -sized sign would provide clear direction and visibility. Staff also reviewed a similarly situated plaza, the Promenade Shops that also fronts the Ives Dairy overpass. The Promenade Shops has similar monument signage, that is, one larger than permitted monument sign on Biscayne Boulevard and one code compliant monument sign on its secondary entrance on NE 207 Street. This plaza was also granted a larger monument sign after construction of the overpass. Its monument sign is 20 feet high and 10 feet wide. This is larger than the subject property's monument sign; however, the Promenade Shops plaza is much larger than the subject property. A new retail store in this plaza recently opened in this plaza with a code compliant wall sign at 159 square feet for a store frontage of 182 lineal feet. The store is setback approximately 200 feet from the road. The wall sign is in place and does provide direction and visibility for customers. Subsequent to submission of the sign variance application, the applicant has proffered to install additional landscaping along the northerly limit of the property to screen a larger wall sign. Staff has suggested to the applicant that it may revise its request to permit a 162 square foot sign to be placed higher on the fagade to match the top elevation of the columns. The sign would then be more than 50% above the roofline, which would require a sign variance, but staff would recommend approval of this higher placement as it would be proportionate to the fagade design and staff would also recommend acceptance of the applicant's landscape proffer. Staff has further suggested to the applicant that it may erect, with the property owner's approval, a 4 square foot directional sign as permitted by Code, at the northerly property entrance to direct customers to the store from that entrance. The plan showing the sign at 154 square feet was not measured as per City Code. The actual measurement of the sign as shown using the code calculation formula is 176 square feet, which is 14 square feet larger than permitted for this tenant space with 162 lineal feet of store frontage. 0 SIEGEL, LIPMAN, DUNAY, SHEPARD & MISKEL, LLP GARY S. DUNAY THE PLAZA • SUITE 801 (561) 368 -7700 KENNETH W. LIPMAN 5355 TOWN CENTER ROAD FAX: (56 1) 368 -9274 BONNIE MISKEL JONATHAN L. SHEPARD 130CA BATON, FLORIDA 33486 WWW.SLDSMLAW.COM CARL E. SIEGEL SCOTT BACKMAN LINDA B. LYMAN Exhibit #1 01 -SV -11 Ms. Joanne Carr, Director Community Development Department City of Aventura / ' 19200 W. Country Club Drive ti L` '`� j Aventura, Florida 33180 Re: Letter of Intent for the Requested hhgregg Wall Sign Variance Dear Ms. Carr: The undersigned is requesting a variance from Section 31- 191(j)(2) to permit tenant wall signage in excess of that allowed by the City's Land Development Regulations ( "Code "). Specifically, petitioner is requesting on behalf of the owner relief from Section 31- 191(j)(2) to permit tenant wall signage for hhgregg appliances & electronics for a maximum of 294 square feet with a maximum letter size of 5' 8" for the primary wall signage (west elevation). A graphic depiction of the proposed signage is attached hereto as Exhibit "A ". The property in question is located at 19925 Biscayne Boulevard in the old Borders retail space adjacent to the Aventura Mall and is generally located on the northeast corner of Northeast 199 street and Biscayne Boulevard. The tenant, hhgregg appliances and electronics, is a national retailer moving into the South Florida market. The business was founded in 1955 with its first store in Indianapolis. Since that time, hhgregg has added stores in Alabama, Indiana, Kentucky, Ohio, North Carolina, South Carolina, Tennessee, and Georgia. Today, hhgregg is one of the nation's leading appliance and electronics retailers and continues to be owned and operated by the Gregg family. The tenant space is approximately 30,000 square feet located on the Northern end of the Property. The tenant space was previously a Borders Store which closed its doors to the public due to poor performance. The Property has struggled in this economy as the contiguous space was a Linens 'n Things which relocated and ultimately closed. The neighboring space has been leased to a Brazilian furniture store (ArteFacto) and is currently open for business. In association with the new tenancy and entry into the market, petitioner is requesting to increase the allowable wall sign area to adequately identify its presence and provide recognition for consumers. The proposed wall signage reflects the federally registered logo of the hhgregg retailer. The proposed wall signage meets the intent of the Code, although it does not specifically comply with the Code requirements set forth in Chapter 31 -191 it does meet the basic intent of the regulation and is compatible with our neighbor to the South as discussed in greater detail below. Under Section 31- 191(j)(2), maximum sign area for wall business identification is one square foot for each one lineal foot of tenant frontage for each sign located within 300 feet of a street on which the building fronts. In cases where the building is more than 300 feet from the street, the area is 1.5 square feet for each 1 foot of tenant frontage. This building is more than 200 feet from the street which is not quite 300 but should not be treated the same as a building 10 feet from the street. As the City recognizes that distance is a factor and should be taken into account in the maximum area of the sign, this request is in keeping with that principle. If the building was approximately 80 feet further, we would be permitted to have 243 square feet. To allow the same amount as a building 10 or more from the street is somewhat inequitable as the more distant a building is from the road, the more difficult it is to be seen. The Property's location creates significant challenges that other retail properties do not have to overcome. First, the Property is located on Biscayne Boulevard, one of the busiest thoroughfares with multiple lanes. It is a significant commercial corridor for the City with a great deal of traffic. The intersection of Biscayne Boulevard and Aventura Boulevard is equally busy. In addition, the Property is visually obstructed at this intersection and along Biscayne, as the hhgregg store is directly adjacent to the overpass, roadway split and ramp for Biscayne. Further to this significant visual obstacle, the Property's view is obstructed by the barricade elements (i.e. landscape buffer wall fence) designed to protect the Property from the ramp, etc. The large highway signage abutting the Property is yet another visual obstruction as well as distraction for drivers. Photographs of the foregoing are attached hereto as Exhibit "B." To add to the site challenges, the Property is directly adjacent to and on the periphery of the Aventura Mall. Most people travelling north and south on Biscayne will naturally focus on the larger mall signage and buildings putting the peripheral retail stores and improvements out of focus. Peripheral retailer parcels get lost in the shadow of the large regional mall improvements and signage. The Aventura Mall is allowed larger signage with up to 500 square feet of wall signage in accordance with Section 31- 191(j)(8) for the anchor stores. This store is not of the size of the neighboring anchors but certainly is greater than the typical 5000 square foot infill retail and should be allowed some relief given the mid box size. Further, because of the proximity to the mall, many customers will expect the store to be located within the mall. The added signage will give the consumers better clarity over the actual location. The clearer and more visible the sign, not only will put the neighboring signage in focus, but from a safety perspective, will enable the driver to have more time and be better prepared to make necessary turning decisions. From a safety perspective, on this very busy thoroughfare and at this very busy intersection, it makes sense to allow this request. Granting the requested hhgregg sign special exception is warranted and justified to protect, preserve, and enhance the City's tax base and to prevent or eradicate conditions of economic blight. As mentioned above, the hhgregg retailer is poised to occupy otherwise vacant retail space within a smaller shopping center that is in proximity to the Aventura Mall. This occupancy is a result of the current economic struggles facing many large and small retailers — failing business. Given that several large national retailers, including those that typically anchor shopping centers, such as Blockbuster, Loehmann's, Barnes & Noble and Toys R Us, are all struggling, vacancies along this retail corridor could easily become an epidemic, impacting future economic development and the tax base well into the future. As such, supporting new retail business and providing adequate identification and visibility is of the utmost importance to promote the economic viability of the business as well as the overall marketplace. Finally, the increased wall signage is needed to adequately inform the consumer of the nature of the business. Unlike Sports Authority and other retailers whose name puts the consumer on notice of what it sells or does, hhgregg means little to anyone who has not been inside one of its Midwestern stores. In fact, very early on in its history, hhgregg added the phrase "appliances and electronics' to identify to the consumer the nature of its business. That phrase has been incorporated into and is now a part its registered trademark. The description of its business is needed to put the consumer on notice of what it sells. It would be inequitable to deprive the petitioner of that detail or to shrink the full logo down to a very small area in order to fit all the letters in the overall signage calculation. In closing, this sign variance request is in harmony with the general purpose and intent of Chapter 31 and will not be inconsistent with the neighboring properties. Although not technically part of the Aventura Mall, the shared access leads the consumer to believe that it is part of the Mall retail community. Being located on the periphery of the Mall, the size of the proposed signage is in keeping with the surrounding properties. In consideration of the foregoing, hhgregg respectfully requests that the City grant the requested wall sign variance for a maximum of 294 square feet with a maximum letter size of 5' 8" for the primary wall signage (west elevation), as depicted in the attached Exhibit "A ". Sincerely, Bonnie Miskel, Esq. Attachments: Exhibits A - B BROWARD COUI DADE COUNTY u �r ,r :r .a IVES DAIRY RD. :r .r Subject Site w X D G MIAMI GARDENS DR. LU P , 0 t Ii Are,rhu u Nuspitttl ,� R Medical w Cener tee I omenade w e U 2 hops 203 ST TER. 4 TV ry YY LTJ • T.: M ■41174'! 1/'7' i7�f !S'!"/` V4` i Gulfstream YACHT CLUB DR. ■ Park ■ MARINA • HARBOR COVE WAY CIRCLE ■ I Lu 1NEBVJPY M ■ Waterways ■ WATERWAYS Shoppes 207 ST ■ ■ a COU TRY CLUB DR. V ■ M ��lL� ■ N p Turnberry Isle r to Resort & Club U cc //�,� ( t i O 0 YPCNT a of Aventura U LOB F� a ,rnment Center �E�{PAR PIP 1 �h1 ILL 1AM .a 192 ST. 4�8 J m W U 0I 191 STQ�' 190 ST1VST Loehmann's Fashion ui i ■ !stand Q i ■ rn 188 ST. • i N li 3_3180 :a .16 185 ST ._._....r..... —. 60 a i a ` 183 ST. Dumfoundling i Bay i 1 < i Williams a Biscayne Little m � Sound a Harbour 180 ST, Mau le w N 'otnt ast a 0 PP 9 i m P T pP O i 0 4 Maule Lake IN r ♦� ♦ ♦y • a ♦ 1i O co - U5 F' 1 Atlantic Ocean a ♦_.... ■....... ■..r LEGEND Roadways ■ City Boundary .. —.— ZIP Code Boundary lio" ...... - - - Railroad Exhibit #2 01 -SV -11 r Fire a Rescue Aventura ; Station Library : Aventura Me ;r •r �ST :■ 4 TV ry YY LTJ • T.: M ■41174'! 1/'7' i7�f !S'!"/` V4` i Gulfstream YACHT CLUB DR. ■ Park ■ MARINA • HARBOR COVE WAY CIRCLE ■ I Lu 1NEBVJPY M ■ Waterways ■ WATERWAYS Shoppes 207 ST ■ ■ a COU TRY CLUB DR. V ■ M ��lL� ■ N p Turnberry Isle r to Resort & Club U cc //�,� ( t i O 0 YPCNT a of Aventura U LOB F� a ,rnment Center �E�{PAR PIP 1 �h1 ILL 1AM .a 192 ST. 4�8 J m W U 0I 191 STQ�' 190 ST1VST Loehmann's Fashion ui i ■ !stand Q i ■ rn 188 ST. • i N li 3_3180 :a .16 185 ST ._._....r..... —. 60 a i a ` 183 ST. Dumfoundling i Bay i 1 < i Williams a Biscayne Little m � Sound a Harbour 180 ST, Mau le w N 'otnt ast a 0 PP 9 i m P T pP O i 0 4 Maule Lake IN r ♦� ♦ ♦y • a ♦ 1i O co - U5 F' 1 Atlantic Ocean a ♦_.... ■....... ■..r LEGEND Roadways ■ City Boundary .. —.— ZIP Code Boundary lio" ...... - - - Railroad Exhibit #2 01 -SV -11 Leeal Description TRACT "A -12 ", AVENTURA TWELFTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 146, PAGE 19, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE FOLLOWING PARCEL VESTED IN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURSUANT TO THAT CERTAIN ORDER OF TAKING RECORDED APRIL 3, 1998, IN OFFICIAL RECORDS BOOK 18041, PAGE 3522, OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA: BEGIN AT THE NORTHWEST CORNER OF TRACT "B -12" OF SAID PLAT OF AVENTURA TWELFTH ADDITION; THENCE ALONG THE NORTH LINE OF SAID TRACTS "A -12" AND "B -12 ", NORTH 87 0 33'08" EAST, A DISTANCE OF 21.102 METERS (69.23 FEET) TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 1,687.000 METERS (5,534.77 FEET) AND A TANGENT BEARING OF SOUTH 00 0 48'11" WEST; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 01 0 55'32" FOR A DISTANCE OF 56.695 METERS (186.01 FEET) TO REFERENCE POINT "C" AND THE POINT OF REVERSE CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 603.000 METERS (1,978.34 FEET); THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 06 0 26'15" FOR A DISTANCE OF 67.752 METERS (222.28 FEET) TO A NON TANGENT POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 1,156.328 METERS (3,793.72 FEET) AND A TANGENT BEARING OF SOUTH 01 0 3710" WEST; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 02 0 25'46" FOR A DISTANCE OF 49.030 METERS (160.86 FEET'); THENCE ALONG THE EAST LIMITED ACCESS RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (BISCAYNE BOULEVARD) FOR THE FOLLOWING TWO (2) COURSES: (1) NORTH 28 0 05'09" WEST A DISTANCE OF 9.346 METERS (30.66 FEET); (2) NORTH 05 0 24'59" WEST A DISTANCE OF 63.659 METERS (208.85 FEET); THENCE ALONG THE EAST RIGHT -OF- WAY LINE OF STATE ROAD NO. 5 (BISCAYNE BOULEVARD) FOR THE FOLLOWING TWO (2) COURSES: (1) SOUTH 87 0 30'59" WEST A DISTANCE OF 4.267 METERS (14.00) FEET; (2) NORTH 02 0 07'21" WEST A DISTANCE OF 101.121 METERS (331.76) FEET TO THE POINT OF BEGINNING. Exhibit #3 01 -SV -11 Prepared for: Aventura, FL. 8/26/10 Hem,� Location. Drevm BY Date: .,�na:FaM� 19925 Biscayne BNd. MP 912/10 O• awW«e� �„eas ren p aE »orur,o i m a g e o n e *�• �• Aventura, FL cewoniE anc iv W ° ' °A� rP °�" Jab No.: Scale: 0 9-606 R4 AS NOTED SHOW OP(IOwill SGfa {Y�va,N 50Fi OPTUxS iEml�fifltion spe�elislsa p ., s �a „ yg ,zs onyrs G�w rnsl a�saeeo reu�a »•e+•a -...m a �, ®.� ITE MAP S D.mg No.: 09806 -1.0 Exhibit #4 m g i 2y �,m o 'A i M ago a� r 0 m CV 0 bbs r � w Q �g� 3 � 6 a w o °^ R �z�gya >^ m n H n ml Z II m ,a r V r m m co) m 2'-4'h X1'-41/81 i I I I I I � 9 0 : 1 1 1 i I I I I M l 0 ^ �4 I V/ � o m m � � co m DCA r - r �J I a Ioe � I a � I I A � N Q I I I m p C � A qqd O � Q N IOe I 0 0 T r Z m 5' -3' 5' -1 7/8' T -9 7/8" m I I I • I I I i I I I I I I I I I I I I I j I I I I I I I I I I I I I I I I j I I I I i I I I I 5' -8' I N N I ce I Oy O I v J C1 � O • n m m r M e r 0 z 1:° I k - % § . \! § § \| \ 0 ° ° 2 z / \: / ■ » z« «4; „ z - -- S m 9 o Q - ° : Im 2 0 $ - -- k � #\ / CO) k m k cn CD - . 2m 2 - m B ƒƒ § 2 m § k £ CD m § k 5`0 C 2 m \)( § § z 2k! (D --4 o _ k }!asr :#m ] \`2|! 2 2 § > ,!h #!�! m \ � ` |!!! ;! - 2 2 J {% ■ » b E! 3 r_L ^ § § ■ \ \ \ ( d = / le hhgreW apowvm a emebatm WEST ELEVATION A A I I Al = • regg T j w-appliances - & - el - ectronics. .. 4 1 4' SIG IL (10' LETTER SET) 2 , DE � �� ---------------- 5a 6 00 . 0 0 —. F -1 MP W2110 OULM—A. imageone -. 7venl ' Ura FL. 094M _R4 AS NOTED bon - 1 Oft Letter Sol 911" 09806-2.0 Exhibit #5 - I 1A 314' 1 A 7- o bh • re _g 9 --------------- 9 I 6 --- 0 --- Wit --------- & ---- -- — ----- I tt p pr es 616 6nics, .11. 3 3M SIGN , DETAIL (8 LETTER SET) --- -- -- -- -- 348.25 -- ---------------------------- 1384.0 19925 Biscayne Blvd. mp 91210 Aventura. FL -S NOTED 4 �hqregg I -T imageone W. Ele,abon - 8ft Lefter Sol 098064.0 WEST ELEVATIO 1 ' -2 SM' re --958 ---------- ----------------------- = eT ec tronics ------ --- -- ----- -- - '. ---------- -------------------- & 3' SCALE T�. IL (7 LETTER SET) II mageone 91 M7805 , 266-97 5a FT. r ---- ------------------ 19925 Biscayne Blvd. Aventura, FL W. Elevation - 7ft Letter Sol MP ar�no 09806-6.0 m • 0 m r m � 1 c n O V -10 t. 058 r = 3 •p 1;8 y I 3 : I 1 }_ �r N m -71 . y ,�•• I i i I I I ; a` X 1 1 1 I I N S 1 I I 1 I I /S r z 4W � 4 - m o' cc D ( co cn m (7i C n X371 -- - - - - - (p N T o r © < a 1 - � I• :kit 1 _ o ° 1 1 CC) � w G'1 Z O N T APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative 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 different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e, Attorneys, Architects, Landscape Architects. Engineers, Lobbyists, Etc.) 64-�z r (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 AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WIT NESS MY HAND TH IS 4e* - I J_ DAY OF CKJ2_�___ 20JJ. AUTHORIZED REPRESENTATIVE OF APPLICANT: By: Name: Tide: Address: —7 6 &L ( 4? OWNER By: Name:Jor_q-g Liqkewer f or (Prot) Deer Capital LLC Title:-_ Address:18205 Biscay_ne_Blvd. _ Aventura, Florida 33160 STATE OF FLORIDA COUNTY O TrL TI t , A�{ Before me the undersigned authority personally appeared Pntl ri l f VV, �<V_ej as the authorized representative of the Applicant m fti I' e w er of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct, — ` )I, , / , AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this day of Notary Public State of Florida At Large Printed Name of Notary My commission expires: NOTARY PUBLIC-STATE OF FLORIDA Ruth McGlynn _V Commission # DD698223 VExpires: SFP.13,2011 BONDED THRIJ ATUSMBONEILNG CO, U;C. BUSINESS RELATIONSHIP AFFIDAVIT* AW-0 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) �j 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented 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 application 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 (j i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [j iii. The Applicant or Representative is a Client 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 of the City Commission or Board; (j iv. A City Commissioner or Board member is a Client of the Applicant or Representative, (j 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; [ j 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 _ e DAY OF�. �_,____ , 2041. APPLICANT: V By: By: .e WITNESS MY HANII ' DAY of April _ 200_1 Deer Capital, LLC - The terms 'Business Relationship, " 'Client' Vustamer, ° 'Applicant " 'Representative" and Interested Person" are defined in Section 2 -395 of the Aventura City Cade, WITNESS MY HAND THIS ­­ DAY OF 200— REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: tS� nature Name. (Print) (Print) (Print) (Print) —(Signature) By: - ­­ . ­­ --__ (Signature Name: ( Print) Name: (Print) Title:— Title: By: (Signature) By: (Signature Name:.,,,,,- Pfklt) Name: _(Print) Title. Title:--,----, PYint By —(Signature) By: (Signature Tftle: Title: (Punt) Title: R01) By: By:­--­­.- (Signature Title;_ Title: I I ---- (Print) Title. (Print) Title: ........ . .... (Ph rit) By (Signature) (Signature Title: (Pratt) Title: ... . . . ............ ......... ......... . . . ......... . . ..... ( Print) 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. STATE Of FLORIDA ) COUNTY OF ` M t3 A CV Beforreem the undersigned authority, personally appeared � 1� � I rl �S�EI the Affiant, who Ming first by me duty sworn, did swear or affirm that he /she executed this AffdaAt for the purposes stated therein and that it is true and correct. / AFFfANT SWORN TO AND SUBSCRIBED before me this day of., -..,., 204i STATE OF FLORIDA } COUNTY Of MIAMI -DADE) Before me, the undersigned authority, personally appeared A OY C executed this AffidaAt for the purposesstated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _16. day of _ A,-p 20a_l Notary Putsic s#a e o F c id Printed Name of Notary My commission expires MARTA I. BRACIKOWSKI Notary Public - State of Florida My Comm. Expires Jan B, 2015 Commission # EE 27159 Bonded Through National Notary Assn. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally 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 that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _,, „„, day of „- _ _ ,_ — _._, 2130_ Notary�Pubtie State of Fkrrtda At Large• Prin�d Hama at Notary My commission expires _,_ .„ ,._ ... w. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally 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 that he/she A _,..�.._ _ w...... �.......-_ _...........�... ....... ._..... . .. - FFIAN T SWORN TO AND SUBSCRIBED before me this _ day of 200 - Notary Public State of Edda At Large Prini Nameof ii€o�r - _..�_ My commission expires ,._ „__ - &: kt� RY PUBLIC STATE OF FLORIDA �. _.. Ruth McGlynn Commission # DD698223 - Expires: SEP. 13, 2011 me duly sworn, did swear or affirm that he/she BUSINESS RELATIONSHIP AFFIDAVIT* 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 not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. (] 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 application 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: (j i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; (j ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the 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 Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (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 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; (] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $$2-5,0000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS � DAY OF _ __. ► 24] C Cl t Y_'JA�;3 4 APPLICANT Notarial I ' Unda S. Bay , Notary Pulb1c By ignature) BdGM TwP•, Bucks Cam Name: (Print) CMvn1&6biri E)#res July 21 2D" Title: ✓ ��i i �I� ' A) Member Pa—, .: ,, (i tiewter WITNESS MY HAND THIS _21 DAY OF April 20 1 PROP ER: Deer apital LLC ____,.(Signature) Name k ___ (Print) Title: Manager for (Print) Deer Capital LLC The terms "Business Relationship, " "Client, ' "Customer, " 'Applicant, " "Representative" and 'Interested Person" are detrned in Section 2 - 395 of the Aventura City Code. RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DENYING A SIGN VARIANCE FOR HHGREGG, INC. ON THE RETAIL BUILDING LOCATED AT 19925 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Bonnie Miskel, Esq. for hhgregg, Inc., through Application No. 01- SV -11, has requested a sign variance to permit one wall sign measuring 294 square feet, where one wall sign measuring 162 square feet, is permitted 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 does not meet the criteria of the applicable codes and ordinances to the extent the application is denied herein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01 -SV -11 for Sign Variance to allow a wall sign measuring 294 square feet, where a wall sign measuring 162 square feet is permitted by Code, for the retail building at 19925 Biscayne Boulevard, City of Aventura, on property legally described in Exhibit "A" to this resolution, is hereby denied. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , 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. 2011 - Page 2 PASSED AND ADOPTED this 3� day of May, 2011. 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, 2011 CITY CLERK Resolution No. 2011 - Page 3 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Tract A -12, Aventura Twelfth Addition, according to the plat thereof recorded in Plat Book 146, Page 19 of the Public Records of Miami -Dade County, Florida, less and except therefrom the following parcel vested in the State of Florida Department of Transportation pursuant to that certain order of taking recorded April 3, 1998 in Official Records Book 18041, Page 3522 of the Public Records of Miami -Dade County, Florida: Begin at the northwest corner of Tract B -12 of said plat of Aventura Twelfth Addition; Thence along the north line of said Tracts A -12 and B -12, North 87 0 33'08" East a distance of 21.102 meters (69.23 feet) to a point on a circular concave to the east and having a radius of 1,687.000 meters (5,534.77 feet) and a tangent bearing of South 00 °48'11" West; Thence run southerly along the arc of said circular curve to the left through an angle of 01 for a distance of 56.695 meters (186.01 feet) to reference point "C" and the point of reverse curvature with a circular curve concave to the west and having a radius of 603.000 meters (1,978.34 feet); Thence run southerly along the arc of said circular curve to the right through a central angle of 06 0 26'15" for a distance of 67.752 meters (222.28 feet) to a non - tangent point on a circular curve concave to the east and having a radius of 1,156.328 meters (3,793.72 feet) and a tangent bearing of South 01 0 37'10" West; Thence run southerly along the arc of said circular curve to the left through a central angle of 02 1 25'46" for a distance of 49.030 meters (160.86 feet); Thence along the east limited access right of way line of State Road No. 5 (Biscayne Boulevard) for the following two (2) courses: (1) North 28 0 05'09" West a distance of 9.346 meters (30.66 feet); (2) North 05 0 24'59" West a distance of 63.659 meters (208.85 feet); Thence along the east right of way line of State Road No. 5 (Biscayne Boulevard) for the following two (2) courses: (1) South 87 0 30'59" West a distance of 4.267 meters (14.00 feet); (2) North 02 0 07'21" West a distance of 101.121 meters (331.76 feet) to the point of beginning. SIEGEL, L,IPMAN, DUNAY. SHEPARD & MISKEL. LLP GARY S. DUNAY THE PLAZA • SUITE 801 (561) 368-7700 KENNETH W. LIPMAN 5355 TOWN CENTER ROAD FAX. (561) 368 -9274 BONNIE MISKEL BOCA BATON, FLORIDA 33486 JONATHAN L. SHEPARD WWW.SLDSMLAW.COM CARL E. SIEGEL SCOTT BACKMAN LINDA B. LYMAN May 3, 2011 Via Email Joanne Carr, AICP Community Development Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: hhgregg sign variance request for premises at 19925 Biscayne Boulevard, Aventura, Florida Dear Joanne: As we discussed, we hereby request a postponement of the above - described matter, which is item 7 of the Agenda for the City Commission meeting tonight, May 3, 2011. We would like to postpone this item until the meeting held on June 7, 2011. We were expecting a national representative and consultants from out of town to be able to attend the meeting tonight, however some of them were detained and are not able to attend. Therefore, we request the above postponement. Perhaps also we can discuss an alternative sign plan that could satisfy the City in the interim. Please advise as to whether I need to attend the meeting tonight to postpone, or whether this letter will suffice. Thank you very much for your consideration. Sincerely yours, Bonnie Miskel, Esq. BM /rmm cc: Richard Russo CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager BY: Brian K. Raducci, Finance Director DATE: April 26, 2011 SUBJECT: Mid -Year Budget Amending Ordinance — FY 2010/11 Vt Reading May 3, 2011 City Commission Meeting Agenda Item 2 " d Reading June 7, 2011 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2010/11 budget. BACKGROUND Now that we are a little more than half way through FY 2010/11, it is necessary to make a few "clean up" adjustments to our current year Budget. This amendment will assist us in preparing our FY 2011/12 Budget, as well as assist us in ensuring that the "final" FY 2010/11 Adopted Budget contains sufficient appropriations to satisfy all actual expenditures. We are only required to amend budgets when a Department's total budget has been exceeded. In all cases, we will only amend the specific expenditure accounts that are primarily responsible for the amendment and in some cases, associated revenues may be increased to justify the overage in expenditures. Listed below is a summary of the amendments by fund, department and the circumstances that support each recommendation. General Fund — (001) — $454,000 (net increase) Office of the City Manager (0501) — $44, 000 1201 — Employee Salaries & 2201 — Pension Requires a budget amendment increase of $39,000 and $5,000 respectively, due to the incorrect calculation of an individual's salary and related items stemming from the following: You may recall that in the FY 2010/11 Adopted Budget, the Capital Projects Manager /Code Officer position was allocated 60 %/40% to the City Manager and Community Development Departments respectively. Unfortunately, when the Assistant to City Manager /Personnel Officer' salary and related items were projected, only 60% (instead of the correct 100 %) of such costs were allocated to the City Manager's Department, as part of the formula from the Capital Projects Manager /Code Officer position was inadvertently applied to the Assistant to City Manager /Personnel Officer' salary. This amendment will properly gross up the Assistant to City Manager /Personnel Officer' salary in the City Manager's Department. The increase described above will be offset by a corresponding decrease of $44,000 in the General Fund Capital Reserve (6999) budgeted funds. Public Safety (2001) — $334, 000 1390 — Court Time Requires a budget amendment increase of approximately $50,000 due to the Department's operational needs and the Intersection Safety Camera Program. This overage will be offset by $50,000 in additional Intersection Safety Camera Program revenue (3542000). 2201 — Pension Requires a budget amendment increase primarily due to an anticipated overage of approximately $284,000 in Pension - related costs. The overage described above should be offset by $284,000 in Section 185 Premium Tax revenue (3125200) which is required to be deposited into the appropriate Police Officers' Retirement Trust Fund as provided in §185.11, Florida Statutes. Prior to FY 2009/10, the additional pension - related cost and revenue were simply netted against each other for Financial Statement Purposes. Recently, our previous auditors recommended that these amounts be presented at gross to better reflect the full cost of the Pension Plan. Since this recommendation was made after the adoption of the FY 2010/11 Budget, the current year budget does not reflect this new practice and thus necessitates the above amendment. Community Services (5001) — $120, 000 4854 — Summer Recreation Requires a budget amendment primarily due a projected overage of approximately $120,000 in Summer Recreation costs. This is due to higher than anticipated activity that is expected throughout the remaining fiscal year. This overage is expected to be offset by an additional $120,000 in Summer Recreation revenue (3475000). Non - departmental (9001) — $21,000 4620 — R &M - Government Center This amendment pertains to the unanticipated purchase of a four year extended Factory Warranty for parts and labor for the Government Center Chillers. This purchase will extend the original factory warranty coverage through May 11, 2015, and should prevent costly repairs to the units over the same time. The overage will be offset by a corresponding decrease of $21,000 in the General Fund Capital Reserve (6999) budgeted funds. 2 Capital Outlay (80501807018090) — $175,000 "Reallocation" Community Services (8050) 6310 — Entrance Monument Sian Requires a budget amendment of $50,000 due to the decision to install two Entrance Monument signs after the FY 2010/11 Budget was adopted. The project involves the removal and disposal of two existing City entrance signs located on Biscayne at the City's north and south limits and replacing them with two new illuminated monument signs. Ants & Cultural Center (8070) 6301 — Improve. Other Than Blda /Marquee Requires a budget amendment of $125,000 due to the decision to install an Informational Sign at the Mall after the FY 2010/11 Budget was adopted. Non - Departmental (8090) 6999 — Capital Reserve Both capital outlay overages above will be offset by a corresponding decrease of $50,000 and $125,000 respectively in the General Fund Capital Reserve (6999) budgeted funds. F M L C 1999 Debt Service Fund — (230) — $5,565,000 The following budget amendment is due to the refinancing of the remaining portion of the original 1999 F M L C Loan with a Bank of America Bank Loan in January of 2011. You will recall that this transaction resulted in a nearly $530, 000 NPV savings over the life of the loan. 0100 — Payment to Refund Bond Escrow Requires a budget amendment in the amount of $5,505,000 due to the planned refinancing in January 2011 of the remaining portion of the original 1999 loan. This overage will be offset by the receipt of $5,565,000 in new debt proceeds (3850100). 7330 — Other Debt Service Costs Requires a budget amendment of $60,000 due to the payment of closing costs associated with the refinancing. This overage will be offset by the receipt of new debt proceeds (3850100). The budget amendments outlined above, are expected to have little to no impact on the FY 2010/11 overall budget or carryover that was utilized in the preparation of the FY 2010/11 Adopted Budget. Based on this analysis, I recommend approval of the attached Ordinance. 3 CITY OF AVENTURA GENERAL FUND 001 FY 2010/11 BUDGET AMENDMENT REVENUES OBJECT 2010111 2010f11 2010/11 CODE ADOPTED AMENDER REYIS [ NO. CATI =GORY, AMOUNT AMOUNT BUDGET 3125200 Section 185 Premium Tax 3475000 Summer Recreation 3542000 Intersection Safety Camera Program Total Revenue TOTAL AMENDMENTS - REVENUE EXPENDITURES $ 454,000 COMMUNITY SERVICES (5001) OTHER CHARGES & SERVICES 4854 Summer Recreation Total Community Services NON - DEPARTMENTAL (9001) OTHER CHARGES & SERVICES 4620 R &M - Government Center Total Non - Departmental CAPITAL OUTLAY - (8050/8070/8090) Community Services - 50 -541 6310 Entrance Monument Sign $ 180,000 $ 120,000 $ 300,000 $ 180,000 $ 120,000 $ 300,000 $ 124,000 $ 21,000 $ 145,000 $ 124,000 $ 21,000 $ 145,000 $ - $ 50,000 $ 50,000 Arts & Cultural Center - 70 -575 6301 Improve. Other Than Bldg /Marquee Non - Departmental - 90 -590 6999 Capital Reserve Total Capital Outlay $ - $ 284,000 $ 284,000 300,000 120,000 420,000 500,000 50,000 550,000 $ 800,000 $ 454,000 $ 1,254,000 $ - $ 125,000 $ 125,000 $ 15,433,488 $ (240,000) $ 15,193,488 $ 15,433,488 $ (65,000) $ 15,368,488 OFFICE OF THE CITY MANAGER (0501) PERSONAL SERVICES 1201 Employee Salaries $ 468,314 $ 39,000 $ 507,314 2201 Pension 83,852 5,000 88,852 Total City Manager $ 552,166 $ 44,000 $ 596,166 PUBLIC SAFETY (2001) PERSONAL SERVICES 1390 Court Time $ 50,000 $ 50,000 $ 100,000 2201 Pension 1,654,800 284,000 1,938,800 Total Public Safety $ 1,704,800 $ 334,000 $ 2,038,800 COMMUNITY SERVICES (5001) OTHER CHARGES & SERVICES 4854 Summer Recreation Total Community Services NON - DEPARTMENTAL (9001) OTHER CHARGES & SERVICES 4620 R &M - Government Center Total Non - Departmental CAPITAL OUTLAY - (8050/8070/8090) Community Services - 50 -541 6310 Entrance Monument Sign $ 180,000 $ 120,000 $ 300,000 $ 180,000 $ 120,000 $ 300,000 $ 124,000 $ 21,000 $ 145,000 $ 124,000 $ 21,000 $ 145,000 $ - $ 50,000 $ 50,000 Arts & Cultural Center - 70 -575 6301 Improve. Other Than Bldg /Marquee Non - Departmental - 90 -590 6999 Capital Reserve Total Capital Outlay $ - $ 284,000 $ 284,000 300,000 120,000 420,000 500,000 50,000 550,000 $ 800,000 $ 454,000 $ 1,254,000 $ - $ 125,000 $ 125,000 $ 15,433,488 $ (240,000) $ 15,193,488 $ 15,433,488 $ (65,000) $ 15,368,488 TOTAL AMENDMENTS - EXPENDITURES $ 454,000 CITY OF AVENTURA F M'Lt 1999 G €IBC iCl FtJf 23t? FY 2010/11 BUDGET AMENDMENT REVENUES 3850100 Proceeds from Refunding Bonds $ - $ 5,565,000 $ 5,565,000 Total $ - $ 5,565,000 $ 5,565,000 TOTAL AMENDMENTS - REVENUE EXPENDITURES $ 5,565,000 DEBT SERVICE Non - Departmental - 590 0100 Payment to Refund Bond Escrow 7330 Other Debt Service Costs Total TOTAL AMENDMENTS - EXPENDITURES $ - $ 5,505,000 $ 5,505,000 20,000 60,000 80,000 $ 20,000 $ 5,565,000 $ 5,585,000 $ 5,565,000 AGENDA ITEM 9 ORDINANCE NO. 2011 -05 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 2011/2012 (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 2011/2012 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 Budget 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 . Budgetary 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. 2011 -05 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 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. 2 Ordinance No. 2011 -05 Page 3 Section 7 . Encumbrances All outstanding encumbrances at June 30, 2011 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 2011/2012 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 Joel, who moved its adoption on first reading. This motion was seconded by Commissioner Holzberg and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Bob Diamond yes Mayor Susan Gottlieb 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 3 Ordinance No. 2011 -05 Page 4 PASSED AND ADOPTED on first reading this 14th day of April, 2011. PASSED AND ADOPTED on second reading this 3rd day of May, 2011. SUSAN GOTTLIEB, MAYOR TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 2 AVENTURA CITY OF EXCELLENCE SCHOOL 3333 NE 188TH Street Aventura, Florida 33180 Telephone: 305 - 466 -1499 Fax: 305 - 466 -1339 Website: www.aventuracharter.org 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 Alm Vice Principal Daniel Sandberg Administrative and Educational Services Provided by: Charter Schools USA CITY OF AVENTURA CHARTER SCHOOL FUND FISCAL YEAR 2011/12 TABLE OF CONTENTS TOPIC PAGE NO. CITY MANAGER'S BUDGET MESSAGE 1 BUDGET PROCESS 10 BUDGET DEVELOPMENT GUIDELINES 11 VISION STATEMENT 14 PHILOSOPHY AND ESSENTIAL ELEMENTS 14 CURRICULUM 14 PERFORMANCE CRITERIA 16 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 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: 2011/12 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 2011, for your review and consideration. This budget document represents the ninth 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. Budget 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. Significant Factors Affecting Budget Preparation The 2011/12 school year represents the ninth 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. We have also been fortunate to have a strong business community and involved parents that participate in fund raising activities for school improvements. Based on the State's actions to balance their budget, revenues for next year have been estimated on the conservative side and continue to anticipate funding reductions. The State Legislature continues to attempt to balance their budget by cutting educational funding which will have a negative effect on all the schools. A portion of the reductions will be offset by funds provided by the Education Jobs Fund federal stimulus program and distributed through the state and county to retain or hire teachers. City of Aventura Page 1 Charter School Fund Budget In order to adhere to new Sunshine State Standards adopted by the Florida Department of Education, expand the school's physical fitness classes and at risk reading program the budget includes four additional teacher positions. The following represents other important highlights: • The transfer to the General fund in the amount of $30,000 to offset services provided by the Finance Department, to the school will again be deferred this year. • 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 an average increase of 2.3 %. In addition returning teachers will be rewarded with a service award based on years of service. The pay plan continues to exceed Miami -Dade County Schools current plan. • Two additional basketball intramural teams were included and competitive boys flag football and girl's volleyball were added to the school's athletic offerings. • Funds have been budgeted to provide a mobile learning computer lab and to install a wireless network for the Middle School Wing. • 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 2.6% or $194,556. This is largely due to the addition of four new teachers and employee salary increases. 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 Budgetary Funds The total proposed budget for 2011/12, including all operating and capital outlay, is $7,759,441. The majority of the budget is Personnel Services at $5,206,990. Operating expenditures total $1,878,451. Other Uses expenditures, which primarily represent lease payments to the Debt Service Fund to cover school construction debt payments and a contingency, account total $551,500. Capital Outlay expenditures are $122,500. The following chart shows a comparison of the department's budgets for the past two years. Total costs increased by 2.6 %. City of Aventura Page 2 Charter School Fund Budget Budget Category Summary 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 State Shared Revenues 85.4% harges for Services 2.1% ;c. Income 6.1% Von - Revenue 6.4% City of Aventura Page 3 Charter School Fund Budget Increase 2010/11 2011/12 (Decrease) % Change Revenues State Shared Revenues $6,605,557 $ 6,628,406 $ 22,849 0.3% Charges for Services 156,100 161,100 5,000 3.2% Misc. Income 440,000 470,000 30,000 6.8% Other Non - Revenues 363,228 499,935 136,707 37.6% Total Revenues $7,564,885 $ 7,759,441 $ 194,556 2.6% Expenditures K -3 Basic $ 1,920,178 $ 2,034,241 $ 114,063 5.9% 4 -8 Basic 2,300,771 2,405,017 104,246 4.5% Exceptional Student Program 216,665 210,883 (5,782) -2.7% Substitute Teachers 81,694 84,950 3,256 4.0% Instruct Media Services 73,196 71,002 (2,194) -3.0% School Administration 931,976 904,730 (27,246) -2.9% Pupil Transit Services 184,000 184,000 - 0.0% Operation of Plant 1,520,625 1,613,114 92,489 6.1% Child Care Supervision 102,980 129,004 26,024 25.3% Capital Outlay 232,800 122,500 (110,300) -47.4% Total Expenditures $ 7,564,885 $ 7,759,441 $ 194,556 2.6% 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 State Shared Revenues 85.4% harges for Services 2.1% ;c. Income 6.1% Von - Revenue 6.4% City of Aventura Page 3 Charter School Fund Budget Charter School Fund Budget Expenditures Exceptional Student Program Media Services 3% Substitute 1 1% Transit Services School 2% Administration 1296 Operation of Plant 21% Child Care Supervision 2% Capital Outlay 1% Goals The 2011/12 school year represents the ninth 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 maintain and expand all our present academic programs and focus on our award winning character education initiatives and expanding our cultural programs through our collaboration with the Aventura Arts &Cultural Center. ACES will enrich a child's learning and social atmosphere through: • Whole Child Approach - Emphasis will be placed on the "whole child" to ensure that academic rigor coexists with social responsibility. • Character Education — 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 — 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 — Engage students through the use of computer labs, computers, Smart Boards, document readers, projectors in classrooms that access City of Aventura Page 4 Charter School Fund Budget Direct TV, instructional software and online programs. All seventh grade students will participate in a pilot instructional program featuring I Pads with wireless connectivity. • Extended School Day Programs /Activities — Offer a variety of opportunities including Before Care and After Care, Sports Study, several Dance programs, Science Tutorial, Writing Tutorial, Reading and Math Computerized Program and Saturday School. • Field Trips — Experience hands -on content, living history, ecological studies, guest authors and a variety of culturally rich opportunities through a combination of on campus and off campus field trips. • School Wide Events — Organize various events such as Career Day, Red Ribbon Week and Field Day. • Career Awareness and Entrepreneurship — Register all eighth grade students in a comprehensive course that will allow them to begin career planning and develop and implement a small business. • Competitive Athletics — Compete at the middle school level in the Florida High School Athletic League. The school fields a boys and girls team for both basketball and soccer. Expanded offerings will include a competitive flag football team and a competitive volleyball team. • Intramural Athletics — Afford students at the middle school level opportunities to play intramural basketball, volleyball. All students have an opportunity to participate in after school tennis. • Family Events — Make available various events that 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 — Execute FCAT reading, math, writing and science nights that present parents with information related to state standards and accountability testing. • Transportation — Provide students living further than 2 miles from the school and no further than 3.5 miles bus service. Currently four buses provide transportation for approximately 400 students. • Safe School Campus — Employ 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 2011/12 Fiscal Year, are anticipated to be $7,759,441. This is an increase of $194,556 or 2.6% compared to the prior year. The majority of the increase is associated with an under budgeted figure from the prior fiscal year for State Revenues and the inclusion of new revenue from the Education Jobs Fund. State Shared Revenues — The amount projected for Florida Education Finance Program revenues is $5,832,000 and is based on $6,000 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 anticipates a 4% funding reductions based on actions taken by the State Legislature. New revenue in the amount of $101,406 provided by the Education Jobs Fund federal stimulus program retain or hire teachers assisted in offsetting a portion of the loss from the Florida City of Aventura Page 5 Charter School Fund Budget Education Finance Program. School lunch reimbursement revenues are estimated to be $71,000. The transportation reimbursement amount is $124,000 and is based on 325 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. Charges 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 $155,000. Miscellaneous Income — The total amount is $470,000. This includes revenues Clear Channel agreement for proceeds from the billboard advertising, field trips /special programs revenues and fundraising activities. This is offset by specific expenditures in the budget. Other Non - Revenues — This represents a $100,000 transfer from the General Fund for revenues from the City's Intersection Safety Camera Program and anticipated fund balance amounts from the prior year's budget. Expenditures The estimated 2011/12 expenditures contained within this budget total $7,759,441 and are balanced with the projected revenues. Personnel Services Personnel Services are budgeted at $5,206,990 or 67% of the budget. Personnel Services reflects funding to support increasing the teacher pay by an average of 2.3 %. 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 90 full -time and 15 part-time compared with 86 full -time and 15 part -time positions included in last year's budget. Included in the full -time positions are 76 teachers, Instructional Counselor, Media Specialist and a Computer Network/Technician. All employees except the Principal, Vice Principal and Janitor are under contract with CSUSA. The following positions are being added to the budget: • K — 5 Physical Education Teacher - In support of the nationwide effort to promote physical fitness in today's youth, ACES will offer additional PE classes for students in grades kindergarten through 5th grade. Students currently participate in outdoor recess daily and structured PE classes for 40 minutes as part of a seven day special rotation including dance, art, music, technology, Spanish and media. With the addition of a second elementary PE teacher, the current amount of structured PE activity being offered will be doubled. • Literacy Reading Specialist - ACES at risk reading program for students in grades kindergarten through 5th grade has a proven track record of success. On average, participants in ACES small group targeted reading instruction achieve two years growth within a one year period. New requirements related to "response to intervention" (RTI) mandate an expansion of our current program to include additional supplemental targeted instruction on an individualized basis. The addition of a literacy team reading specialist will make this offering possible. 5th Grade Teacher - The Florida Department of Education will begin assessing students in grades 5th and 8th grade on Next Generation Science Sunshine State Standards in 2012. In order to meet the standards and enable 5th grade to become departmentalized City of Aventura Page 6 Charter School Fund Budget another teacher position is required. This research based practice allows teachers to focus on one to two content areas with specialization. • Math Support Position - The addition of this position will allow the school to offer intensive math classes for students scoring level 1 and 2 in math in grades 3rd - 8th and response to intervention (RTI) requirements mandate supplemental programs for all low performing math students. The following outlines the staffing level detail comparisons to the prior fiscal year: 2010111 2011112 Function Job Class Full Time Part Time Full Time Part Time 5101 Teacher 29.00 - 31.00 - Para - Professionals - 7.00 - 7.00 Reading Specialist 1.00 1.00 Instructional Counselor 1.00 1.00 Dean of Curriculum 1.00 1.00 Aide 1.00 1.00 5102 Teacher 37.00 39.00 Aide 1.00 1.00 5250 Teacher 3.00 3.00 5901 Substitute Teacher 1.00 - 1.00 - 6200 Media Specialist 1.00 1.00 1.00 1.00 7300 Principal 1.00 - 1.00 - Vice Principal 1.00 1.00 Dean of Discipline /Operation 1.00 1.00 Business Admin. 1.00 1.00 Administrative Secretary 1.00 1.00 Receptionist 2.00 - 2.00 - Registar /Compliance 1.00 1.00 Computer Network/Tech 1.00 1.00 Special Projects Coordinatoi - 1.00 - 1.00 7900 Janitor 1.00 1.00 9102 PIT After School Counselor 1 5.00 5.00 PIT After School Counselor II 1.00 1.00 City of Aventura Page 7 Charter School Fund Budget Operating Expenses The expenditures for operating expenses are $1,878,451, which represents 24% of the budget. This is $137,324 more than the prior year. The major expenses are as follows: • CSUSA education /administrative fee - $336,000 • Textbooks - $156,000 • Transportation services contract - $184,000 • Other materials and supplies - $161,000 • Electricity - $161,000 • Building maintenance contract - $215,000 • Field Trips and School Events - $215,000 • Repairs and Maintenance - $87,500 • Office Equipment Leases - $28,000 Other Uses Other Uses expenditures total $551,517 primarily represent lease payments to the Debt Service Fund to cover the elementary school wing construction debt payments. Other expenditures include a contingency account and costs associated with utilizing the Arts & Cultural Center. Capital Outlay A total of $122,500 has been budgeted for capital outlay for replacement computers, mobile computer lab and providing a wireless infrastructure for the Middle School Wing. 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. City of Aventura Page 8 Charter School Fund Budget Full Time Staff Comparison 90 82 go 76 73 f 70 m 50 f Oil 30 1, 10 2007/08 2008/09 2009/10 2010/11 2011/12 Operating Expenses The expenditures for operating expenses are $1,878,451, which represents 24% of the budget. This is $137,324 more than the prior year. The major expenses are as follows: • CSUSA education /administrative fee - $336,000 • Textbooks - $156,000 • Transportation services contract - $184,000 • Other materials and supplies - $161,000 • Electricity - $161,000 • Building maintenance contract - $215,000 • Field Trips and School Events - $215,000 • Repairs and Maintenance - $87,500 • Office Equipment Leases - $28,000 Other Uses Other Uses expenditures total $551,517 primarily represent lease payments to the Debt Service Fund to cover the elementary school wing construction debt payments. Other expenditures include a contingency account and costs associated with utilizing the Arts & Cultural Center. Capital Outlay A total of $122,500 has been budgeted for capital outlay for replacement computers, mobile computer lab and providing a wireless infrastructure for the Middle School Wing. 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. City of Aventura Page 8 Charter School Fund Budget • 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. • 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, G• Eric M. Soroka City Manager City of Aventura Page 9 Charter School Fund Budget 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. 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 1st. 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 Ordinance affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from City of Aventura Page 10 Charter School Fund Budget one individual line item account to another, so long as the line item accounts are within the same department and fund. 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 on a monthly basis 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 Ordinances 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 City of Aventura Page 11 Charter School Fund Budget and conditions, these policies assist the decision - making process of the City Manager and School's Administration. These policies provide guidelines for evaluating both current activities and proposals for future programs. Most of the policies represent long- standing principles; traditions and practices that have guided the Charter School in the past and have helped maintain financial stability over the last 2 years. They are reviewed annually as a decision making tool and to ensure their continued relevance in an ever - changing environment. Operating Budget Policies 1. The Charter School will maintain at a minimum, an accessible cash reserve equivalent to four weeks of operating costs. 2. No new or expanded services shall be implemented without a corresponding revenue source or the implementation of trade -offs of expenses or revenues at the same time. This applies to personnel, equipment and any other peripheral expenses associated with the service. 4. The Charter School shall continue to support a scheduled level of maintenance and replacement of its infrastructure. 5. The Charter School shall support capital expenditures that reduce future operating costs. Capital Budget Policies 1. The Charter School will develop a multi -year plan for capital improvement that is updated annually with documentation of deviations from the plan. 2. The Charter School will maintain its physical assets at a level adequate to protect the Schools' capital investment and minimize future maintenance and replacement costs. The budget will provide for the adequate maintenance and the orderly replacement of the capital equipment from current revenues wherever possible. 3. The Charter School will provide sufficient funds to replace and upgrade equipment as well as to take advantage of new technology thereby ensuring that employees have safe and efficient tools to provide their service. It reflects a commitment to further automation and use of available technology to improve productivity in the Charter School's work force. The objective for upgrading and replacing equipment includes: (1) normal replacement as equipment completes its useful life, (2) upgrades to new technology, and (3) additional equipment necessary to service the needs of the Charter School. 4. The Charter School will use the following criterion to evaluate the relative merit of each capital project. Capital expenditures will foster goals of: a. Projects specifically included in an approved replacement schedule. b. Projects that reduce the cost of operations. c. Projects that significantly improve safety and reduce risk exposure. Revenue Policies 1. The School will attempt to maintain a diversified and stable revenue system as a shelter from short-run fluctuations in any single revenue source. 2. The School will attempt to obtain new revenue sources as a way of ensuring a balanced budget. 3. The School will review fees /charges annually and will design or modify revenue systems to include provisions that automatically allow charges to grow at a rate that keeps pace with the cost of providing the service. City of Aventura Page 12 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 safety of capital; liquidity of funds and investment income. 3. The School will collect revenues aggressively, including any past due amounts owed. Reserve Policies 1. The School will maintain a fund balance of at least $75,000. Accounting, Auditing, and Financial Reporting Policies 1. An independent audit will be performed annually. 2. The Charter School will produce annual financial reports in accordance with Generally Accepted Accounting Principles (GAAP) as outlined by the Governmental Accounting Standards Board (GASB). City of Aventura Page 13 Charter School Fund Budget AVENTURA CITY OF EXCELLENCE SCHOOL VISION STATEMENT To join with our community to become the premier charter school in the nation where academic excellence coexists with the promotion of social responsibility grounded in an atmosphere of human dignity. AVENTURA CITY OF EXCELLENCE SCHOOL PHILOSOPHY AND ESSENTIAL ELEMENTS The Aventura City of Excellence School staff believes that we have a responsibility to create a school climate that enables every individual to feel cared for, respected and to act as contributing members of the school culture. All students can learn and will be encouraged to strive for academic excellence and personal growth that will enable them to be productive and active members of society. In the practical application of this philosophy, opportunities shall be provided to- 1 . Develop in each student and professional staff member a sense of self -worth and a positive self- concept 2. Imbue such character traits as honesty, integrity, compassion, respect, cooperation, humility, happiness and responsibility toward each other, our community and our world 3. Develop in each student an understanding of and responsibility for making positive personal and social choices 4. Improve upon the quality of instruction and curriculum by increasing the effectiveness of teachers and their teaching through ongoing professional development 5. Provide each student with experiences to develop an awareness of good health habits and attitudes for living by encouraging each student to perceive learning as a life -long continuing process from pre - school through adulthood 6. Encourage, through educational reporting, city and district officials, the citizens of Aventura, and the professional staff to support quality education in the school 7. Use assessment data to identify and track student achievement and learning goals 8. Develop school programs based on "best practices" to promote learning gains 9. Develop strong parent- teacher - student relationships 10. Provide a strong accountability system that holds everyone at the schoolhouse responsible for maximizing learning opportunities 11. Provide a low student - teacher ratio in order to enhance the development of the individual strengths of each student 12. Provide additional staff members for enrichment and remediation services 13. Develop in each student the ability to think critically, make inferences, apply knowledge to new settings and use these skills to make wise choices CURRICULUM The ACES curriculum is connected to state and national content standards and the school's goals for student learning are coordinated or integrated across different disciplines. The curriculum's sequence is rational, with more complex ideas building on simpler ones, respecting each student's developmental levels and prior learning. Teachers and students are accountable for all state and local assessments in addition to internal formal and informal assessments and observations. City of Aventura Page 14 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 and students will occupational therapy needs are serviced by a specialist. These programs are offered to students who qualify for services based on school district requirements. At risk readers are targeted through a variety of intervention courses and strategies. ACES Literacy Team teaches at- risk - readers grades Kindergarten through eighth grade in small group settings. This supplemental reading program provides intensive instruction using research based programs such as Story Town Targeted Intervention and Read 180. ACES is focused on meeting the needs of all students. To this end, ACES offers a variety of extended school day programs. These programs target specific student needs and are offered both before and after school. These programs include small group writing instruction, focused math tutorials, science study group and a Saturday reading program. Gifted students in grades 1 and 2 receive "Gifted Instruction" in Language Arts and Reading daily. Project -based applications encompassing the sciences, arts, math, and language allow students an opportunity to combine their creativity and practical knowledge. Eligible students in grades 3, 4, and 5 have an opportunity to enroll in a gifted language Arts /Reading course and a gifted Math course. Eligible students in middle school have an opportunity to enroll in gifted courses. ACES science laboratory program provides students with hands -on application of core curriculum. Students in second through fifth grade visit the science lab weekly and students in kindergarten and first grade conduct experiments within their classrooms. All middle school students enroll in comprehensive science courses that emphasizes hands -on investigation. City of Aventura Page 15 Charter School Fund Budget ACES students are exposed to eco- literarcy through participation in our outdoor garden project. 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 five elective courses. These elective courses include Media Production, Modern Dance, Art, Guitar, 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 a boys and girls basketball and competitive boys and girls soccer, competitive girls volleyball and boys flag football. 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, Spanish, 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; Bolleywood Dance, Baton, Scrapbooking, Table Tennis, Jazz Dance, Middle Eastern Dance, Latin Dance, Kickball, Board games, Debate, School House Rock, Yoga for Kids Soccer, Basketball, Latch Hook, Photography and Healthy Eating /Gardening. 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. 2005/06 Actual: Complete 2006/07 Actual: Complete 2007/08 Actual: Complete 2008/09 Actual: Complete 2009/10 Actual: Complete 2) Indicator: The State of Florida A+ Plan Grade shall be no lower than a "B ". 2005/06 Actual: A 2006/07 Actual: A 2007/08 Actual: A 2008/09 Actual: A 2009/10 Actual: A City of Aventura Page 16 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. 2005/06 Actual: Complete 2006/07 Actual: Complete 2007/08 Actual: Complete 2008/09 Actual: Complete 2009/10 Actual: Complete 4) Indicator: Percent of parents that completed all 20 required volunteer hours by the end of the year. 2005/06 Actual: 100% 2006/07 Actual: 100% 2007/08 Actual: 100% 2008/09 Actual: 100% 2009/10 Actual: 100% 5) Indicator: Number of students enrolled shall be 95% of the number allowed by the School Charter. 2005/06 Actual: 100% 2006/07 Actual: 100% 2007/08 Actual: 100% 2008/09 Actual: 100% 2009/10 Actual: 100% 6) Indicator: The year -to -year retention rate shall be 90 %. 2005/06 Actual: 99% 2006/07 Actual: 99% 2007108 Actual: 98% 2008/09 Actual: 98% 2009/10 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 %. 2005/06 Actual: 99% 2006/07 Actual: 99% 2007/08 Actual: 99% 2008/09 Actual: 99% 2009/10 Actual: 99% 8) Indicator: The audits required by State statements are presented fairly and that consideration of the internal control over compliance, nor any material weaknesses. 2005/06 Actual: All in compliance 2006/07 Actual: All in compliance City of Aventura Law and the Charter shall indicate that the financial tests of compliance with laws and regulations and financial reporting disclose no instances of non- Page 17 Charter School Fund Budget 2007/08 Actual: All in compliance 2008/09 Actual: All in compliance 2009/10 Actual: All in compliance 9) Indicator: Class size and student/classroom teacher ratios shall be maintained throughout the school year at 20:1 for kindergarten and 25:1 for grades 1 through 8. 2005/06 Actual: All in compliance 2006/07 Actual: All in compliance 2007/08 Actual: All in compliance 2008/09 Actual: All in compliance 2009/10 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). 2005106 Actual: 99% 2006/07 Actual: 89% 2007/08 Actual: 88% 2008/09 Actual: 93% 2009/10 Actual: 92% 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). 2005/06 Actual: 89% 2006/07 Actual: 88% 2007108 Actual: 88% 2008/09 Actual: 87% 2009/10 Actual: 85% 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). 2005/06 Actual: 81 % 2006/07 Actual: 85% 2007/08 Actual: 89% 2008/09 Actual: 92% 2009/10 Actual: 87% 13) Indicator: All Students will achieve high science standards as measured by Sunshine State Standards Performance Standards. 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% 2009/10 Actual: 67% City of Aventura Page 18 Charter School Fund Budget CITY OF "ENTURA TqWftilveti K -3 Basic 4 -8 Basic Exceptional Student Program Substitute Teachers Instruct Media Services School Administration Pupil Transit Services Operation of Plant Child Care Supervision Capital Outlay Revenues over(under) Expenditures City of Aventura EXPENDITURES Page 19 $ 1,660,908 $ 1,920,178 $ 2,034,241 1,862,276 2009110 2010/11 201 11'' 216,665 " ACTUAL APPROVED CITY MANAGE) 84,950 61,114 BUDGET PROPOS J 933,257 REVENUE PROJECTIONS 904,730 183,600 State Shared Revenues $ 6,674,563 $ 6,605,557 $ 6,628,406 Charges for Services 154,239 156,100 161,100 Misc. Income 555,363 440,000 470,000 Other Non - Revenues 199,664 363,228 499,935 TqWftilveti K -3 Basic 4 -8 Basic Exceptional Student Program Substitute Teachers Instruct Media Services School Administration Pupil Transit Services Operation of Plant Child Care Supervision Capital Outlay Revenues over(under) Expenditures City of Aventura EXPENDITURES Page 19 $ 1,660,908 $ 1,920,178 $ 2,034,241 1,862,276 2,300,771 2,405,017 199,421 216,665 210,883 99,947 81,694 84,950 61,114 73,196 71,002 933,257 931,976 904,730 183,600 184,000 184,000 1,509,073 1,520,625 1,613,114 139,372 102,980 129,004 397,758 232,800 122,500 $ 537,103 $ - $ (0) Charter School Fund Budget 335905 3261 School Lunch Reimbursement $ 71,405 $ 32,557 $ 71,000 335910 3310 Florida Education Finance Program 5,985,618 5,904,000 5,832,000 15,000 Education Jobs Fund Program - - 101,406 335980 3354 Transportation 122,289 169,000 124,000 335991 3391 Capital Outlay 495,251 500,000 500,000 Subtotal Other Private Source Revenue $ 6,674,563 $ 6,605,557 $ 6,628,406 Charges for Services: 3478050 3450 Food Service Fees 3479050 3473 After School Programs Subtotal $ - $ 6,100 $ 6,100 154,239 150,000 155,000 $ 154,239 $ 156,100 $ 161,100 Other Non - Revenues: 3811039 3610 Transfers In 3999000 3489 Beginning Surplus Subtotal $ 199,664 $ 100,000 $ 100,000 - 263,228 399,935 $ 199,664 $ 363,228 $ 499,935 City of Aventura Page 21 Charter School Fund Budget Misc. Income: 3611000 3431 Interest Earnings 12,808 15,000 15,000 3661900 3495 Misc. Revenues 181,696 100,000 110,000 3661955 3467 Field Trips /Special Programs 150,286 200,000 200,000 3665000 3469 Other Private Source Revenue 210,573 125,000 145,000 Subtotal $ 555,363 $ 440,000 $ 470,000 Other Non - Revenues: 3811039 3610 Transfers In 3999000 3489 Beginning Surplus Subtotal $ 199,664 $ 100,000 $ 100,000 - 263,228 399,935 $ 199,664 $ 363,228 $ 499,935 City of Aventura Page 21 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190 - 6001 -569 K -3 Basic 5101 ACCOUNT # SCHOOL FUNCTION DESCRIPTION 2009110 ACTUAL 2010/11 APPROVED BUDGET 2011112 CITY MANAGER Pte-' Personnel Services 1220 120 Teacher $ 1,151,089 $ 1,242,371 $ 1,342,808 1230 130 Other Certified Instruction 90,879 94,650 88,779 Reading Specialist Instructional Counselor 1250 150 Kindergarten Aides (P/T) 7 70,446 54,150 63,175 Aide - 28,000 30,745 1502 291 Bonuses 31,092 59,000 59,000 1503 291 Stipends - 23,000 22,725 1505 291 Sick Day Buyout - 7,200 - 2101 221 Social Security- matching 100,307 108,567 116,701 2201 211 Pension 5,207 10,028 10,737 2301 231 Health, Life & Disability Insurance 73,760 196,103 179,053 2302 232 Dental Insurance 9,648 5,295 6,528 2401 241 Workers' Compensation 7,865 17,314 18,611 2501 250 Unemployment Compensation 12,890 - - subtotal $ 1,553,183 $ 1,845,678 $ 1,938,862 Operating Expenditures /Expenses 4001 330 Travel /Conferences/Training $ 68 $ 3,500 $ 3,500 5290 590 Other Mat'I & Supply 11,614 25,000 25,000 5299 790 Miscellaneous Expense 15,876 4,500 4,500 5410 521 Memberships /Dues /Subscription 1,382 1,500 1,500 5411 520 Textbooks 78,785 40,000 60,000 subtotal $ 107,725 $ 74,500 $ 94,500 City of Aventura Page 22 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190 -6002 -569 4 -8 Basic 5102 Ooeratina Expenditures /Expenses 3147 310 School Advisory Cons. $ 2009/10 2010111 2011/12 4001 SCHOOL Travel /Conferences/Training ACTUAL APPROVED CITY MANAGER ACCOUNT # FUNCTION DESCRIPTION Other Mat'I & Supply BUDGET PROPOSAL Personnel Services 5299 790 Miscellaneous Expense 1,945 1220 120 Teacher $ 1,437,962 $ 1,588,895 $ 1,688,428 1250 150 Aide 26,522 27,059 27,063 1502 291 Bonuses 37,827 71,000 71,000 1503 291 Stipends - 42,650 47,845 1505 291 Sick Day Buyout - 3,960 - 2101 221 Social Security- matching 110,452 123,621 131,235 2201 211 Pension 10,200 12,120 12,866 2301 231 Health, Life & Disability Insurance 82,898 233,054 210,729 2302 232 Dental Insurance 13,575 6,358 7,680 2401 241 Workers' Compensation 9,108 19,715 20,929 2501 250 Unemployment Compensation 12,321 - - subtotal $ 1,740,865 $ 2,128,432 $ 2,217,775 Ooeratina Expenditures /Expenses 3147 310 School Advisory Cons. $ 31,590 $ - $ - 4001 330 Travel /Conferences/Training 496 4,500 4,500 5290 590 Other Mat'I & Supply 50,300 104,000 84,000 5299 790 Miscellaneous Expense 1,945 3,000 3,000 5410 521 Memberships /Dues /Subscription - 839 839 5411 520 Textbooks 37,080 60,000 91,000 subtotal $ 121,411 $ 172,339 $ 183,339 City of Aventura Page 23 01,114 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190 - 6003 -569 Exceptional Student Program 5250 Total Function 5250 $ 199,421 $ 216,665 $ 210,774 11 City of Aventura Page 24 Charter School Fund Budget SCHOOL C1E5CRIPTION 20MIO ACTUAL 2010111 APPROVED BUDGET 2011/12 CITY MANAGER PROPQSAL Personnel Services 1220 120 Teacher $ 138,169 $ 139,106 $ 130,360 1502 291 Bonuses 3,305 5,000 5,000 1503 291 Stipends - 1,150 - 1505 291 Sick Day Buyout - 1,440 - 2101 221 Social Security- matching 10,522 12,811 9,973 2201 211 Pension 388 1,043 978 2301 231 Health, Life & Disability Insurance 8,010 18,399 15,809 2302 232 Dental Insurance 1,451 531 576 2401 241 Workers' Compensation 919 1,697 1,590 2501 250 Unemployment Compensation 907 - - subtotal $ 163,671 $ 181,177 $ 164,286 Operating Expenditures /Expenses 3190 310 Prof & Tech Services -SPED $ 33,180 $ 20,000 $ 33,000 4001 330 Travel /Conferences/Training 29 4,000 3,000 4420 590 Leasing Expense - 3,000 3,000 5290 590 Other Mat'I & Supply 2,148 5,000 5,000 5299 790 Miscellaneous Expense 393 2,500 1,500 5410 521 Memberships /Dues /Subscription - 988 988 subtotal $ 35,750 $ 35,488 $ 46,488 Total Function 5250 $ 199,421 $ 216,665 $ 210,774 11 City of Aventura Page 24 Charter School Fund Budget ACCOUNT # CITY OF AVENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190 - 6004 -569 Substitute Teachers 5901 Iro aon o kxan �a SCHOOL ACTUAL FUNCTION DESCRIPTION APPROVED BUDGET 2011/12 CITY MANAGER PROPOSAL Personnel Services 1220 120 Pool Sub $ 27,393 $ 26,266 $ 26,266 1225 140 Teacher - PIT 59,529 42,744 42,744 1502 291 Bonuses 816 - - 2101 221 Social Security- matching 6,683 5,279 5,279 2201 211 Pension - 321 321 2301 231 Health, Life & Disability Insurance 2,912 6,133 6,133 2302 232 Dental Insurance 315 109 109 2401 241 Workers' Compensation 203 842 842 2501 250 Unemployment Compensation 2,096 - - City of Aventura Page 25 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190 -6005 -569 Instruct Media Services 6200 Operating Expenditures /Expenses 3147 310 School Advisory Cons. $ 2,519 $ - $ - 5411 520 Textbooks 82 6,000 2,000 subtotal $ 2,601 $ 6,000 $ 2,000 City of Aventura Page 26 Charter School Fund Budget 2009110 2010/11 2011112 SCHOOL ACTUAL APPROVED CITY MANAGER A �iC . F 110 f J©GET PRPRQ4 L Personnel Services 1230 130 Media Specialist $ 48,253 $ 54,239 $ 55,183 1502 291 Bonuses 2,081 1,500 2,000 2101 221 Social Security- matching 3,766 4,149 4,221 2201 211 Pension 541 339 346 2301 231 Health, Life & Disability Insurance 2,765 6,194 5,276 2302 232 Dental Insurance 184 113 192 2401 241 Workers' Compensation 337 662 673 2501 250 Unemployment Compensation 586 - - subtotal $ 58,513 $ 67,196 $ 67,892 Operating Expenditures /Expenses 3147 310 School Advisory Cons. $ 2,519 $ - $ - 5411 520 Textbooks 82 6,000 2,000 subtotal $ 2,601 $ 6,000 $ 2,000 City of Aventura Page 26 Charter School Fund Budget Personnel Services 330 Travel /Conferences/Training $ 11,166 $ 10,000 $ 1211 110 Administrators $ 288,382 $ 298,167 $ 304,272 5,400 4855 Assistant Principal Field Trips /School Events 280,075 210,000 215,000 4901 Vice Principal Legal /Employment Ads - 4,000 - 5290 Principal Other Mat'I & Supply 18,337 30,000 1260 160 Other Support Personnel 220,749 226,354 202,342 3,000 1 Receptionist subtotal $ 317,201 $ 261,800 $ 258,400 Administrative Secretary Registrar /Compliance /ESE Business Admin. Network/Comp Tech -P/T Special Projects Coordinator 1502 291 Bonuses 4,937 13,000 13,000 2101 221 Social Security- matching 38,587 40,126 38,756 2201 211 Pension 25,803 26,521 27,071 2301 231 Health, Life & Disability Insurance 30,494 56,080 50,204 2302 232 Dental Insurance 2,772 2,529 2,504 2401 241 Workers' Compensation 2,568 6,399 6,181 2501 251 Unemployment Compensation 1,764 1,000 2,000 subtotal $ 616,056 $ 670,176 $ 646,330 Or)eratina Expenditures /Expenses 4001 330 Travel /Conferences/Training $ 11,166 $ 10,000 $ 10,000 4041 201 Automobile Allowance 5,400 4,800 5,400 4855 790 Field Trips /School Events 280,075 210,000 215,000 4901 391 Legal /Employment Ads - 4,000 - 5290 590 Other Mat'I & Supply 18,337 30,000 25,000 5410 521 Memberships /Dues /Subscription 2,223 3,000 3,000 subtotal $ 317,201 $ 261,800 $ 258,400 Total Function 7300 $... City of Aventura Page 27 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190 - 6007 -569 Pupil Transit Services 7800 SCHOOL ACCOUNT 9 FUND I K)N Uta[.K V I IUN Operating Expenditures /Expenses 3190 310 Prof & Tech Services Total Function 7800 2009110 ACTUAL 2010/11 APPROVED CITY $ 183,600 $ 184,000 $ 184,000 $ 183,600 $ 184,000 $ 184,000 City of Aventura Page 28 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190 -6008 -569 Operation of Plant 7900 p,mr 5 V� 2009110 SCHOOL ACTUAL ACCOUNT # FUNCTION DESCRIPTION Personnel Services 1260 160 Other Support Personnel $ 27,178 $ 2010/11 2011 APPROVED CITY MANAC BUDGET PROPOS 27,123 $ 27,870 Other Uses 5901 790 Janitor 645 $ 95,417 $ 100,000 5905 2101 221 Social Security- matching 1,967 2,075 2,132 2201 211 Pension 3,233 3,662 3,762 2301 231 Health, Life & Disability Insurance 12,449 6,449 12,449 2302 232 Dental Insurance 589 68 589 2401 241 Workers' Compensation 812 331 812 subtotal $ 46,228 $ 39,708 $ 47,614 Operating Expenditures /Expenses 3147 316 School Advisory Consultant $ - $ - $ - 3148 312 Planning /Management Fee CSUSA 391,421 317,000 336,000 3201 312 Accounting & Auditing Fees 17,600 13,000 15,000 3431 310 Contract -Food Services 63,894 35,000 64,000 4101 370 Communications 52,515 44,000 53,000 4301 430 Electricity 143,075 151,000 151,000 4320 380 Pub Ut Svc Othr Energy Sv 20,392 20,000 20,000 4440 360 Office Equip - Leasing Expense 26,622 28,000 28,000 4501 320 Insurance & Bond Premium 38,943 36,000 39,000 4620 350 Contract- Building Maintenance 181,558 204,000 215,000 4635 350 Repairs & Maintenance 69,340 75,500 80,000 5290 590 Other Mat'I & Supply 5,314 12,000 10,000 5295 510 Cleaning /Janitorial Supplies 26 6,000 3,000 subtotal $ 1,010,700 $ 941,500 $ 1,014,000 Other Uses 5901 790 Contingency $ 645 $ 95,417 $ 100,000 5905 790 AACC Expenses - - 7,500 9101 971 Transfer to General Fund 7,500 - - 9129 921 Lease Payments to City Debt Service 444,000 444,000 444,000 subtotal $ 452,145 $ 539,417 $ 551,500 City of Aventura Page 29 Charter School Fund Budget CITY OF "ENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190 -6009 -569 Child Care Supervision 9102 2009/10 2010/11 2011/12 SCHOOL ACTUAL APPROVED CITY MANAGER ACCOUNT # FUNCTION DESCRIPTION BUDGET PROPOSAL Personnel Services 1260 160 Other Support Personnel $ 50,521 $ 32,130 $ 32,130 Site Coordinator After School Counselor I After School Counselor II 1502 291 Bonuses 1,224 - 1,224 1503 291 Site Director- Stipend - 2,000 - 2101 221 Social Security- matching 3,456 2,458 2,458 2401 241 Workers' Compensation 252 392 392 2501 250 Unemployment Compensation 1,310 500 1,300 4635 350 subtotal $ 56,763 $ 37,480 $ 37,504 Operatina Expenditures /Expenses 3113 310 Contract - Recreation Programs $ 49,760 $ 23,000 $ 49,000 3201 312 Accounting & Auditing Fees 2,000 2,000 2,000 4301 430 Electricity 10,000 10,000 10,000 4501 320 Insurance & Bond Premium 3,000 3,000 3,000 4620 350 Contract- Building Maintenance 4,680 8,000 8,000 4635 350 Repairs & Maintenance 7,500 7,500 7,500 5290 590 Other Mat'I & Supply 5,669 12,000 12,000 subtotal $ 82,609 $ 65,500 $ 91,500 City of Aventura Page 30 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2011/12 BUDGETARY ACCOUNT SUMMARY 190- 6010 -569 Capital Outlay 7400 City of Aventura Upgrade Network Switches and Routers Wireless Infrastructure for Middle School Subtotal Replace 70 Computers/ Laptops Mobile Learning Computer Lab Replace Color Laser Printer Subtotal Page 31 10,000 12,000 22,000 77,000 20,000 3,500 100,500 Charter School Fund Budget 2009110 2010/11 2011112 SCHOOL ACTUAL APPROVED CITY MANAGER ACCOUNT # FUNCTION DESCRIPTION BUDGET PROPOSAL Capital Outlay 6307 630 Classroom Additions $ 149,848 $ - $ - 6401 692 Computer Equipment >5000 87,670 103,000 22,000 6402 643 Computer Equipment <5000 76,787 104,800 100,500 6410 640 Furniture, Fixture & Equipment 83,453 25,000 - 6999 640 Capital Reserve - - - City of Aventura Upgrade Network Switches and Routers Wireless Infrastructure for Middle School Subtotal Replace 70 Computers/ Laptops Mobile Learning Computer Lab Replace Color Laser Printer Subtotal Page 31 10,000 12,000 22,000 77,000 20,000 3,500 100,500 Charter School Fund Budget ORDINANCE NO. 2011- 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 2011/12 (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 2011/2012 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 Budget 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. Budgetary 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 Aventura 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, 2011 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 2011/2012 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 V. PEREZ, 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 AVENTURA - PUBLIC HEARING - MAY 3, 2011 APPLICANT NAME/NUMBER: HHGREGG, INC. (01- SV -11) in the XXXX Court, was published in said newspaper in the issues of 04/20/2011 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 aff iant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. a64 (7 Sworn to and subscribed before me this 20 day of APRIL A.D. (SEAL) V. PEREZ personally known to me ai�'�Y'ri ; B. THOKIAS :�; «: Commission: DO 937532 Expires Novsmbtir 2, 2013 .���! '}�4y, �'� &rnil4d Thru Tmy ralr, Insura�to4 800 395.7019 •Ilii� CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, May 3, 2011 6:00 p.m. Applicant Name /Number: hhgregg, Inc. (01- SV -11) Applicant Request: Variance from Section 31- 191(g)(2)a. of the City Code to permit a wall sign measuring 294 square feet on a building located at 19925 Biscayne Boulevard, where a wall sign measuring 162 square feet is permitted by Code. Location of Subject Property: 19925 Biscayne Boulevard, City of Aventura Legal Description: Part Tract A -12, Aventura Twelfth Addition, Plat Book 146, Page 19 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 the City of Aventura Government Center, Community Development Department, 19200 West Country Club Drive, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Hearing will be held in the City Commission Chamber at City of Aventura Government Center at 19200 West Country Club Drive, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/ property on correspondence and mail same to City of Aventura Government Center, Community Development Department at the address above. For further information, please call (305) 466 -8940. 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. Teresa M. Soroka, MMC, City Clerk 4/20 11- 3- 123/1685802M 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 daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PROPOSED ORDINANCES - MEETING - MAY 3, 2011 in the XXXX Court, was published in said newspaper in the issues of 04/14/2011 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 aff iant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate ion or refund for the purpose of securing advertisement f in the said ribed before me this 14 day of APRIL , A.D. 2011 S //�' ���7 s • (SEAL) MARIA MESA personally known to me �`►�� &(' Notary Public State of Florida # Cheryl H. Mariner My CommissionDD793490 'F�� c.4F Expires 07/18/2012 fflv%'fi CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 3rd day of May, 2011, at a meeting of the City Commission of the City of Aventura to be held at 6 p.m. in the Commission Chamber at the Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, the City Commission will consider the adoption of the following Ordinance on second reading, entitled: 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 2011/2012 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZ- ING 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. The proposed Ordinance may be inspected by the public at the Office of 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 Ordinance. Any person wishing to address the City Commission on any item at this Public Hearing may do so after the 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. Teresa M. Soroka, MMC City Clerk 4/14 11- 4- 123/1682824M