The URL can be used to link to this page

07-10-2012City Commission The City of Ciic 1, So er Susan Gottlieb, Mayor Eric M. Soroka, ICMA -CM Bob Auerbach , 'e � Cite a M. Bo Diamond Teresa M. Soroka, MMC Teri Holzberg Billy Joel • . Gb:Attomey Michael Stern Weiss Scrota Helfman Luz Urbiez Weinberg Pastoriza Cole & Boniske JULY 109 2012 following 6 pm LPA mtg. Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDERIROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions /Emergency Additions 4. SPECIAL PRESENTATIONS: Employee Service Awards 5. 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: June 5, 2012 Commission Meeting June 14, 2012 Commission Meeting June 14, 2012 Workshop Meeting B. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CHARTER OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED THIRD AMENDMENT TO THE CHARTER SCHOOL CONTRACT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL BETWEEN THE CITY OF AVENTURA AND THE MIAMI - DADE COUNTY SCHOOL BOARD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE MIAMI -DADE COUNTY LEAGUE OF CITIES' EFFORTS TO NEGOTIATE A NEW CHARTER July 10, 2012 COUNTY TRANSIT SYSTEM SURTAX INTERLOCAL AGREEMENT ON BEHALF OF THE MUNICIPALITIES IN MIAMI -DADE COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. 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. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED BASIC SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND PGAL ARCHITECTS TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES TO DESIGN AND PERMIT THE CITY'S GOVERNMENT CENTER PARKING EXPANSION PROJECT IN ACCORDANCE WITH RFQ NO. 11- 9 -21 -2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $39,587 FOR POLICE TRAINING FACILITY BUILD OUT PROJECT, CHANGE ORDER NO. 1 FROM THE POLICE STATE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 147(a)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 16'8" WIDE SIDE STREET YARD 2 July 10, 2012 SETBACK, WHERE A MINIMUM 30' WIDE SIDE STREET YARD SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 147(a)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 3' WIDE REAR YARD SETBACK, WHERE A MINIMUM 20' WIDE REAR YARD SETBACK IS REQUIRED BY CODE; FOR THE AVENTURA GOVERNMENT CENTER PARKING GARAGE TO BE LOCATED AT 19200 WEST COUNTRY CLUB DRIVE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING— PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31- 144(f) "MEDICAL OFFICE (MO) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD "SELF SERVICE STORAGE FACILITIES WITH A MINIMUM LOT AREA OF 1.5 ACRES" AS A CONDITIONAL USE IN THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31 -238 "ACCESSORY USES" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD STANDARDS FOR INSTALLATION OF RENEWABLE ENERGY DEVICES AS AN ACCESSORY USE IN ALL ZONING DISTRICTS IN THE CITY; PROVIDING FOR WAIVER PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. C. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY OF AVENTURA CHARTER SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -05, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2012/2013 (JULY 1 — JUNE 30) BY REVISING THE 2012/2013 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 3 July 10, 2012 8. ORDINANCES — SECOND READING — PUBLIC HEARING: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3250 NE 188 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED AT 3250 NE 188 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM OP, OFFICE PARK DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS — PUBLIC HEARING: None. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2012/13 TO 2016/17 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT 4 July 10, 2012 SCHEDULE OF FUTURE MEETINGS /EVENTS COMMISSION MEETING July 19, 2012 9AM 5"' FL. EX. CONFERENCE ROOM WORKSHOP MEETING July 19, 2012 following 9AM rntg. 5`h FL. EX. CONFERENCE ROOM This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance 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. MINUTES CITY COMMISSION MEETING JUNE 5, 2012 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 6:02 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, 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. PLEDGE OF ALLEGIANCE: Led during LPA. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Mr. Soroka presented 15 year employee service awards to: Police Department Employees Sean Bergert, Hans Mastre, Michael Bentolilla and Assistant to the City Clerk Arleen Llanes. Scholarships were presented to FIU First Generation Award participants by Vice Provost Steve Moll and Mayor Gottlieb. Certificates were presented to graduates of the Aventura 101 Citizen Academy. A motion was made by Commissioner Auerbach, seconded by Commissioner Stern and unanimously approved to temporarily adjourn this meeting and reconvene the LPA meeting. This meeting reconvened at 6:55 p.m. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Weinberg, passed unanimously and the following action was taken: A. The following minutes were approved: May 1, 2012 Commission Meeting May 22, 2012 Commission Meeting B. Resolution No. 2012 -22 was adopted: 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 BAY HARBOR ISLANDS 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. Resolution No. 2012 -23 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 AUTHORIZING THE APPROPRIATION OF UP TO $37,000 FOR TASERS AND RELATED EQUIPMENT FROM THE POLICE STATE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM E. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $17,000 FOR CONFERENCE ROOM MODIFICATION BUILD OUT FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM F. Resolution No. 2012 -24 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE STATE OF FLORIDA AND THE U.S. CONGRESS TO SUPPORT AND PROVIDE FUNDING FOR THE CENTRAL EVERGLADES PLANNING PROJECT; AND PROVIDING AN EFFECTIVE DATE. G. Resolution No. 2012 -25 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, .FLORIDA, SUPPORTING ADOPTION OF COUNTY- WIDE ORDINANCE TO PROHIBIT THE SALE AND DISTRIBUTION OF CANDY FLAVORED TOBACCO PRODUCTS, WHICH ARE COMMONLY MARKETED TO YOUTHS; PROVIDING FOR DISTRIBUTION OF RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 0 H. Resolution No. 2012 -26 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PROVIDE THE CITY WITH A LOAN NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA OR HIS DESIGNEE ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi - judicial procedures may be obtained from the Clerk. Mr. Wolpin advised that this matter is quasi - judicial in nature, reviewed the procedures and read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR JARED THE GALLERIA OF JEWELRY STORE ON PROPERTY LOCATED AT 19001 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. After being sworn in by Mrs. Soroka with all other interested parties wishing to offer testimony, Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. A motion for approval was offered by Vice Mayor Holzberg and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. Gary Nesbitt, Esq., and Paul Wolenski, Sterling Jewelers, representing the applicant, addressed the Commission. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2012 -27 was adopted. 8. ORDINANCES: FIRST READING /PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: 3 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel 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 by roll call vote. B. Mr. Wolpin read the following ordinances by title; AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3250 NE 188 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. C. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED AT 3250 NE 188 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM OP, OFFICE PARK DISTRICT TO RMF313, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of Item 813, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this 4 item given at the preceding Local Planning Agency meeting was offered by Commissioner Stern, and seconded by Vice Mayor 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. A motion for approval of Item 8C, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting was offered by Commissioner Weinberg and seconded by Commissioner Diamond. 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. 9. ORDINANCES: SECOND READING /PUBLIC HEARING: None. 10. RESOLUTIONS— PUBLIC HEARING: None. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: Raya Elias - Pushett and Sheree Losos, representing Krop High School; former Senator Ron Silver; Rosa Naccarato, Admirals Port; Ellen Elias. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:34 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. 5 y Of MINUTES CITY COMMISSION MEETING Aventura Government Center A�� 19200 W. Country Club Drive June 14, 2011 9 a.m. Aventura, Florida 33180 wpo"W"MMORMW10, 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, Bob Diamond, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Commissioner Michael Stern was absent. As a quorum was determined to be present, the meeting commenced. 2. RESOLUTION — PUBLIC HEARING: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING THE PROPOSAL OF SUNTRUST BANK TO PROVIDE THE CITY WITH A LOAN IN A NOT TO EXCEED PRINCIPAL AMOUNT OF $9,885,000 TO REFINANCE THE COSTS OF ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH DEBT; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A LOAN AGREEMENT, INCLUDING A PROMISSORY NOTE ATTACHED THERETO IN ORDER TO EVIDENCE SAID LOAN; AUTHORIZING THE REPAYMENT OF THE SERIES 2012 NOTE UNDER THE LOAN AGREEMENT ONLY FROM NON -AD VALOREM FUNDS APPROPRIATED FOR SUCH PURPOSE; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Vice Mayor 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 and Resolution No. 2012 -28 was adopted. 3. ORDINANCE: SECOND READING — PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond 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 by roll call vote and Ordinance No. 2012 -06 was enacted. 4. 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 9:07 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission July 10, 2012. 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. K MINUTES The Cky of CITY COMMISSION Aventura Government Center WORKSHOP MEETING 19200 W. Country Club Drive JUNE 14, 2012 Aventura, Florida 33180 A Following 9am Special Meeting CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:07 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M. Wolpin. Commissioner Michael Stern was absent. As a quorum was determined to be present, the meeting commenced. 1. OVERVIEW OF AACC 2011/12 SEASON (City Manager): Arts and Cultural Center Department Director Steve Clark and representatives from PACA reviewed the past season and tentative events for the 2012/13 season. Mr. Soroka advised that the City's agreement with PACA would be expiring in the very near future. CITY MANAGER SUMMARY: Consensus to extend PACA agreement. 2. CAPITAL IMPROVEMENT PROGRAM 2012 -2017 (City Manaqer): Mr. Soroka presented a powerpoint presentation and reviewed the proposed 2012/2017 CIP. He provided a summary of the major revisions and the 2012/13 highlights. CITY MANAGER SUMMARY: Consensus to proceed with approval at July Commission meeting. 3. COMMUNITY SERVICES ADVISORY BOARD REAPPOINTMENTS (City Mana er ): Mr. Soroka advised that the terms of the current Board have expired. CITY MANAGER SUMMARY: Consensus to advertise for interested applicants. Mr. Soroka advised that there would be a reorganization of the School Administration which would require a budget amendment at the next Commission meeting. Consensus to approve. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned at 10:20 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 g r DATE: June 29, 2012 SUBJECT: Resolution Authorizing Execution of Third Amendment to the Existing Charter School Contract to Increase School Enrollment July 10, 2012 City Commission Meeting Agenda Item � RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the Third Amendment to the existing Charter School Contract with the Miami Dade County School Board (MDCPSB) to provide for the enrollment of the school to be increased from 972 to 1032 students over the next four years. BACKGROUND In February of this year of this year, the City Commission acting in their capacity as the School's Governing Board authorized the Administration, based on Resolution No. 2012 -08, to pursue increasing the school enrollment at Aventura City of Excellence School (ACES) as follows: Year School Enrollment Class Increase 2012/13 984 Fourth Grade -12 2013/14 996 Fifth Grade - 12 2014/15 1008 Sixth Grade - 12 2015/16 1020 Seventh Grade - 12 2016/17 1032 Eighth Grade - 12 Based on recent discussions with ACES Principal and careful consideration, it was determined that it is in best interest of the school and its educational programs to increase the fourth grade by twelve (12) students beginning in the 2012/13 school year. As the additional students move up in grade, this will also increase each grade by twelve (12) students over the next four years. Memo to City Commission Page 2 The additional students will increase the enrollment at fourth through eighth grade over the next five years from 108 to 120 students. The revenue generated by the additional students in the first year would be approximately $72,000. This amount would offset the cost one additional teacher and supplies for the students. This additional teacher will make it possible to departmentalize the fourth grade team. Departmentalizing allows teachers to focus on one to two content areas with specialization. This enables them to become experts in their content area rather than generalist teaching all subjects. The Next Generation Sunshine State Standards being assessed this year in reading, math and science require an increased depth of knowledge. Additionally next year the FCAT Writes for fourth grade will require students to meet additional standards. Specific scoring rubrics are being developed by the Florida Department of Education. The rubrics will be customized to evaluate the writer's skill in responding to the writing task. Although State Statues allows ACES, which has been designated as a high - performing charter school, to increase its student enrollment once per school year by up to 15 %, the MDCPSB requires our current charter contract be amended to reflect the change and their approval. The request was presented to the Charter School Contract Review Committee for consideration and recommended to the Superintendent of Schools, who in turn presents it to the School Board. The Miami Dade County School Board will vote on the amendment at their July Meeting. The major points of the amendment are as follows: • Updates all pertinent sections that were revised by State Statue since the passage of the last amendment to the contract in 2008. • Increases the school capacity from 972 to 1032 students over the next five years. • The remainder of the Amendment contains the previous provisions adopted in the original Contract and the first and second Amendments. If you have any questions, please feel free to contact me. EMS/ Attachment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 History: 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 CHARTER SCHOOL CONTRACT BETWEEN THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA AND THE CITY OF AVENTURA, FLORIDA ON BEHALF OF AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL (Third Amendment to the Contractual Agreement) Application: December 12, 2001 Contract: April 18, 2002 [ (1) proposed site; and (3) charter school contractual agreement.] 1St Amendment: July 15, 2004 [To (1) change the school's name from Aventura Charter Elementary School to Aventura City of Excellence Charter School; (2) increase the grade level configuration from K -5 to K-8; and (3) increase the enrollment from 600 students to a maximum capacity of 900 students, commencing with the 2005 -2006 school year.] CRC: April 9, 2008 2nd Amendment: June 18, 2008 (To increase the enrollment from 900 students to a maximum capacity of 972 students, commencing with the 2009 -2010 school year.) 3rd Amendment: June 14, 2012 [To increase enrollment such as, (a) 2012 -2013, Max. 984 students; (b) 2013 -2014, Max. 996 students; (c) 2014 -2015, Max. 1,008 students; (d) 2015 -2016, Max. 1,020 students; and (e) 2016 -2018, Max. 1, 032 students.] Bp012412 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 This Page Left Blank Intentionally AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 I THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA 2 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL 3 THIRD AMENDMENT TO THE CHARTER SCHOOL STANDARD CONTRACT 4 5 Table of Contents 6 SECTION 1: GENERAL PROVISIONS ...................................................................... ..............................1 7 A) Approved Application ............................................................................... ..............................1 8 B) Term ........................................................................................................... ..............................1 9 1) Term ................................................................................................. ..............................1 10 2) Start-Up Date /School Calendar ........................................................ ..............................1 11 3) Charter Modification ........................................................................ ..............................2 12 4) Charter Renewal .............................................................................. ............................... 2 13 C) Educational Program and Curriculum ................................................... ..............................3 14 1) General ............................................................................................. ..............................3 15 D) Non- Renewal/Cancellation and Termination ........................................ ............................... 4 16 1) Reasons for Termination / Non - Renewal .......................................... ............................... 4 17 2) "Good Cause" .................................................................................. ............................... 4 18 3) Additional "Good Cause" for Non - Renewal /Termination .............. ............................... 6 19 4) Non - Renewal /90 -day Termination .................................................. ............................... 8 20 E) Immediate Termination ........................................................................... ............................... 9 21 1) Student Health, Safety or Welfare .................................................... ..............................9 22 2) Sponsor Notification Responsibilities ............................................. ............................... 9 23 3) Operation of the School .................................................................... ..............................9 24 4) Appeal ............................................................................................... ..............................9 25 5) School Access and Documentation Responsibilities ........................ ..............................9 26 6) Removal of Funds or Property ......................................................... ..............................9 27 7) Disbursement of Funds .................................................................... .............................10 28 8) Employees of the School ................................................................. .............................10 29 F) Post - Termination ...................................................................................... .............................10 30 1) School Responsibilities ................................................................. ............................... 10 31 2) School Furniture, Fixtures, Equipment, and Funds ....................... ............................... 10 32 3) School Debt ..................................................................................... .............................10 33 4) Unencumbered Funds ...................................................................... .............................10 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 34 5) Final Audit ..................................................................................... ............................... 11 35 G) School Election to Terminate or Non -renew ......................................... .............................11 36 SECTION2: ACADEMICACCOUNTABILITY ....................................................... .............................11 37 A) Student Performance: Assessment and Evaluation .............................. .............................11 38 1) Initial Year ..................................................................................... ............................... 11 39 2) Annual ............................................................................................. .............................12 40 3) Termination Based on School Grade ............................................... .............................14 41 4) Textbook Inventory ......................................................................... .............................15 42 B) Student Promotion ................................................................................... .............................1.1) 43 1) Student Progression Plan ................................................................. .............................15 44 2) Graduation Requirements .............................................................. ............................... 15 45 3) Accreditation ................................................................................... .............................15 46 4) Other Assessment Tools .................................................................. .............................16 47 C) Data Access and Use ................................................................................. .............................16 48 1) Access to Facilities, Records, and Data ........................................... .............................16 49 2) Sponsor Use of Required Assessment Data ..................................... .............................16 50 3) Acceptable Use Policy ..................................................................... .............................16 51 SECTION3: STUDENTS ........................................................................................... .............................17 52 A) Eligible Students ....................................................................................... .............................17 53 B) Grades Served ........................................................................................... .............................17 54 C) Class Size ................................................................................................... .............................17 55 D) Annual Projected Enrollment ................................................................. .............................17 56 1) Student Enrollment .......................................................................... .............................17 57 2) High Performing Charter Schools ................................................... .............................17 58 3) Minimum Enrollment Requirements ............................................... .............................17 59 4) Deferred Opening and Student Enrollment ..................................... .............................17 60 5) Required Instructional Minutes ....................................................... .............................18 61 6) Enrollment Capacity ........................................................................ .............................18 62 E) Admissions and Enrollment Plan ............................................................ .............................18 63 1) Provision of School Information ..................................................... .............................18 64 2) Enrollment Consent ....................................................................... ............................... 18 65 3) Record of Application and Enrollment ............................................ .............................19 66 4) Enrollment Lottery and Wait List Documentation .......................... .............................19 67 5) Student Information ......................................................................... .............................19 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 68 F) Maintenance of Student Records ............................................................ .............................19 69 1) Student Records ............................................................................... .............................19 70 2) Transfer of Student Cumulative Records ........................................ .............................19 71 3) Transfer of Student Cumulative Records Upon School Termination ...........................19 72 4) Transmittal of Educational Records .............................................. ............................... 20 73 G) Exceptional Student Education .............................................................. .............................20 74 1) Non - Discrimination ......................................................................... .............................20 75 2) Sponsor Responsibilities ............................................................... ............................... 20 76 3) School Responsibilities ................................................................... .............................21 77 4) Services Covered by the Administrative Fee ................................... .............................22 78 5) Due Process Hearing ....................................................................... .............................22 79 6) Reimbursement for Services ............................................................ .............................23 80 H) Dismissal Policies and Procedures .......................................................... .............................23 81 1) Involuntary Student Withdrawal ..................................................... .............................23 82 2) Student Expulsion .......................................................................... ............................... 23 83 3) Voluntary Student Withdrawal ........................................................ .............................24 84 I) Discipline .................................................................................................... .............................24 85 .......... ............... ............................... 1) Learning Environment ............. ............................... 86 2) Corporal Punishment ............................. ............................... 87 3) Legal Costs .................................................................................... ............................... 24 88 .n English Language Learners ..................................................................... .............................24 89 SECTION4: FINANCIAL ACCOUNTABILITY ...................................................... .............................25 90 A) Revenue ..................................................................................................... .............................25 91 1) Basis for Funding ............................................................................ .............................24 92 2) Federal Funding ............................................................................. ............................... 27 93 3) Charter School Capital Outlay Funds .............................................. .............................31 94 B) Administrative Fee ................................................................................... .............................31 95 96 97 98 99 100 101 1) Allowable Withholding ................................................................. ............................... 31 2) Capital Outlay .................................................................................. .............................31 3) Sponsor Use of Adminstrative Fee .................................................. .............................31 4) Access to Optional Sponsor Services ............................................ ............................... 32 5) Provision of School Lunches ........................................................... .............................32 C) Restriction on Charging Tuition........... D) Allowable Student Fee ........................... ....................................... ............................... 32 ................................................ ............................... 32 A VENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 102 1) Use of Student Fees ....................................................................... ............................... 32 103 2) Fee Schedule .................................................................................... .............................32 104 3) Student Fee Documentation ............................................................. .............................32 105 E) Budget ........................................................................................................ .............................32 106 1) Annual ............................................................................................. .............................32 107 2) Amended Budget ............................................................................. .............................33 108 F) Financial Records, Reports and Monitoring .......................................... .............................33 109 1) Maintenance of Financial Records ................................................ ............................... 33 110 2) Financial and Program Cost Accounting and Reporting ............... ............................... 33 111 3) Financial Reports ............................................................................. .............................33 112 4) School's Fiscal Year ...................................................................... ............................... 35 113 5) Financial Recovery /Corrective Plan ................................................ .............................35 114 6) Submission Process ....................................................................... ............................... 36 115 7) Additional Monitoring ................................................................... ............................... 36 116 G) Financial Management of Schools .......................................................... .............................36 117 1) Financial Management and Oversight Responsibilities .................. .............................36 118 2) Taxes and Bonds .............................................................................. .............................37 119 3) Additional Financial Requirements ................................................. .............................37 120 4) Utilization of the Sponsor ................................................................ .............................37 121 5) Bank Transfer Information .............................................................. .............................37 122 H) Description of Internal Audit Procedure ............................................... .............................37 123 SECTION 5: FACILITIES ........................................................................................ ............................... 37 124 A) Prior Notification ................................................................................... ............................... 37 125 1) Deadline to Secure Facility .............................................................. .............................37 126 2) Deadline to submit zoning approvals and Certificate of Occupancy ............................38 127 3) Facility Inspections .......................................................................... .............................38 128 4) District Inspection of Facility .......................................................... .............................38 129 B) Compliance with Building and Zoning / Requirements .......................... .............................38 130 1) Florida Building Code ..................................................................... .............................38 131 2) Florida Fire Prevention Code .......................................................... .............................38 132 3) Applicable Laws .............................................................................. .............................38 133 4) Capacity of Facility ......................................................................... .............................40 134 5) Leased Facilities ............................................................................ ............................... 40 135 6) Emergencies .................................................................................... .............................40 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 136 C) Location .................................................................................................... .............................41 137 1) School's Street Address ................................................................... .............................41 138 2) Temporary Facility (if applicable) ................................................. ............................... 41 139 3) Relocation ........................................................................................ .............................41 140 4) Additional Campuses or Facilities (if applicable) ......................... ............................... 41 141 D) Prohibition to Affix Religious Symbols .................................................. .............................41 142 SECTION 6. TRANSPORTATION .......................................................................... ............................... 41 143 A) Cooperation Between Sponsor and School ............................................ .............................41 162 2) Minimum Limits ..................................................... :..................................................... 144 B) Reasonable Distance ................................................................................. .............................41 145 C) Compliance with Safety Requirements ................................................ ............................... 41 146 D) Fees .......................................................................................................... ............................... 41 147 E) Private Transportation Agreeement ....................................................... .............................42 148 F) Reimbursement for School Provided Transportation ........................... .............................42 149 SECTION 7. INSURANCE AND INDEMNIFICATION ....................................... ............................... 42 150 A) Indemnification of Sponsor ..................................................................... .............................42 151 1) Indemnification for Professional Liability ...................................... .............................42 152 2) Notification of Third Party Claim, Demand, or Other Action ....... ............................... 42 153 3) Indemnity Obligations ..................................................................... .............................43 154 B) Indemnification of School ........................................................................ .............................43 155 C) Sovereign Immunity ................................................................................. .............................43 156 D) Acceptable Insurers ................................................................................. .............................44 157 1) Acceptable Insurance Providers ...................................................... .............................44 158 2) Insurance Provider Compliance ....................................................... .............................44 159 3) Minimum Insurance Requirements .................................................. .............................44 160 E) Commercial and General Liability Insurance ....................................... .............................44 161 1) Liabilities Required ......................................................................... .............................44 162 2) Minimum Limits ..................................................... :..................................................... 163 3) Deductible/ Retention ....................................................................... .............................45 164 4) Occurrence /Claims ........................................................................ ............................... 45 165 5) Additional Insureds ......................................................................... .............................45 166 F) Automobile Liability Insurance ............................................................ ............................... 45 167 1) Coverage .......................................................................................... .............................45 168 2) Occurrence /Claims and Minimum Limits ..................................... ............................... 45 169 G) Workers' Compensation /Employers' Liability Insurance ................... .............................45 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 170 1) Coverage .......................................................................................... .............................45 171 2) Minimum Limits .............................................................................. .............................46 172 H) School Leader's Errors and Omissions Liability Insurance ................ .............................46 173 1) Form of Coverage ............................................................................ .............................46 174 2) Coverage Limits .............................................................................. .............................46 175 3) Occurrence /Claims .......................................................................... .............................46 176 I) Property Insurance .................................................................................... .............................46 177 1) Structure Requirements ................................................................. ............................... 47 178 2) Additional Requirements ................................................................. .............................47 179 3) Business Personal Property Insurance ............................................. .............................47 180 .1) Applicable to All Coverage .................................................................... ............................... 47 181 1) Other Coverage ................................................................................ .............................47 182 2) Deductibles/Retention ................................................................... ............................... 47 183 3) Liability and Remedies .................................................................... .............................47 184 4) Subcontractors ............................................................................... ............................... 48 185 5) Default Upon Non - Compliance ....................................................... .............................48 186 SECTION 8: GOVERNANCE .................................................................................. ............................... 48 187 A) Public or Private Employer ..................................................................... .............................48 188 B) Governing Board Responsibilities .......................................................... .............................48 189 1) Non - Profit Status ........................................................................... ............................... 48 190 2) Organizational Plan ....................................................................... ............................... 49 191 3) Organizational Composition ............................................................ .............................49 192 4) School Operations ........................................................................... .............................49 193 5) Accountability ................................................................................. .............................49 194 6) School Policy and Decision Making ............................................. ............................... 49 195 7) School Employee Supervision ......................................................... .............................49 196 8) Educational Excellence School Advisiory Council ......................... .............................49 197 9) Continuity of School Governance ................................................. ............................... 50 198 10) School Fiscal Agent ..................................................................... ............................... 50 199 11) Eligible Members of the Governing Body .................................. ............................... 50 200 12) Governing Board Compensation ................................................. ............................... 50 201 13) School/Parent Contract .................................................................. .............................50 202 14) Governing Board Reporting ........................................................ ............................... 50 203 15) Governance Training ................................................................... ............................... 51 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 204 16) Employment of Relatives ............................................................ ............................... 51 205 C) Public Records .......................................................................................... .............................51 206 D) Reasonable Access to Records by Sponsor .......................................... ............................... 51 207 E) Sunshine Law ............................................................................................ .............................51 208 F) Reasonable Notice of Governing Board Meetings ................................. .............................51 209 1) Notice of Governing Board Meetings ........................................... ............................... 51 210 2) Governing Board Meeting Requirements ...................................... ............................... 52 211 G) Identification of Governing Board Members ........................................ .............................52 212 1 Parent Membership 52 213 2) Parent Involvement Designee .......................................................... .............................52 214 3) Governing Board Member Eligibility and Clearance ...................... .............................53 215 SECTION 9: EDUCATION SERVICE PROVIDER ............................................... ............................... 52 216 A) Education Service Provider Agreement ................................................. .............................53 217 1) School Use of ESP Services .......................................................... ............................... 53 218 2) Submission of ESP Agreement ...................................................... ............................... 54 219 3) Amendments to ESP Contract ......................................................... .............................54 220 4) ESP Contract Amendments ........................................................... ............................... 54 221 5) Change of ESP ............................................................................... ............................... 54 222 SECTION 10: HUMAN RESOURCES .................................................................... ............................... 53 223 A) Hiring Practices ........................................................................................ .............................54 224 1) Reporting Staffing Changes ............................................................ .............................55 225 2) Non - Discriminatory Employment Practices .................................. ............................... 55 226 3) Teacher Certification and Highly Qualified .................................. ............................... 55 227 4) Fingerprinting and Background Screening .................................... ............................... 56 228 B) Employment Practices ........................................................................... ............................... 57 229 1) Statutory Prohibition and Required Disclosure re Hiring of Relatives ........................ 57 230 2) Self Reporting of Arrests ............................................................... ............................... 57 231 3) Standards of Behavior ................................................................... ............................... 57 232 4) Code of Ethics ............................................................................... ............................... 57 233 5) Personnel Policy ............................................................................ ............................... 58 234 6) Collective Bargaining ...................................................................... .............................58 235 7) Immigration Status ........................................................................ ............................... 58 236 8) Employee Discipline ..................................................................... ............................... 58 237 9) Employee Evaluation ....................................................................... .............................58 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 238 C) Sponsor Training of School's Employees ............................................... .............................58 239 1) Participation and Cost for Training Activities ................................. .............................58 240 SECTION 11: REQUIRED REPORTS/ DOCUMENTS .......................................... ............................... 58 241 SECTIONI2: MISCELLANEOUS PROVISIONS ................................................... .............................58 242 A) Impossibility ........................................................................................... ............................... 59 243 B) Notice of Claim ....................................................................................... ............................... 59 244 1) Time to Submit .............................................................................. ............................... 59 245 2) Notification of Cancellation .......................................................... ............................... 59 246 3) Renewal/Replacement ................................................................... ............................... 59 247 C) Drug -Free Workplace .............................................................................. .............................59 248 D) Entire Agreement ..................................................................................... .............................59 249 E) No Assignment .......................................................................................... .............................59 250 F) No Waiver .................................................................................................. .............................60 251 G) Default ....................................................................................................... .............................60 252 H) Survival Including Post - Termination .................................................... .............................60 253 1) Severability ................................................................................................. .............................60 254 ,I) Third Party Beneficiary ......................................................................... ............................... 60 255 K) Choice of Laws ....................................................................................... ............................... 60 256 L) Notice ......................................................................................................... .............................60 257 M) Authority .................................................................................................. .............................61 258 N) Conflict/Dispute Resolution ..................................................................... .............................61 259 1) Contractual Conflicts ....................................................................... .............................61 260 2) School Stakeholder Conflicts ........................................................ ............................... 62 261 3) Contractual Priority ....................................................................... ............................... 62 262 O) Citations .................................................................................................... .............................62 263 P) Headings .................................................................................................... .............................62 264 Q) M -DCPS Police ......................................................................................... .............................62 265 266 267 268 269 270 271 272 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 This Page Left Blank Intentionally AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 I THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA 2 THIRD AMENDMENT TO THE CHARTER SCHOOL STANDARD CONTRACT 3 4 SECTION 1: GENERAL PROVISIONS 5 This THIRD AMENDMENT to the Charter School Contract ( "Contract ") entered into as of the 6 _ day of July, 2012, between The School Board of Miami -Dade County, Florida, ( "Sponsor'), 7 and The City of Aventura, Florida, a municipal corporation organized under Chapter 617, 8 Florida Statutes, ("Corporation'), on behalf of Aventura City of Excellence Charter School 9 ( "School'). 10 A) Approved Application: The application approved by the School Board on December 11 12, 2001 (elementary application) and July 14, 2004 (middle school application) is 12 attached as Appendix A. All attached appendices are incorporated and made a part of the 13 Standard Contract. The mission of the School is to provide the residents of the City of 14 Aventura an education choice for their children within the city limits while alleviating 15 some of the county's growing educational needs. The School will serve up to 1,032 16 students, grades kindergarten through eight. This School will: provide students with a 17 challenging, personalized learning experience that ensures the highest measure of 18 intellectual potential and an increased sense of self - esteem. Students will improve their 19 academic achievement, motivation, discipline and self - control through a program 20 utilizing integrated experiential learning, critical thinking skills, modern languages, 21 recreational and athletics activities, life skills and technology. The School will have as its 22 core philosophy the belief that all children can develop as intellectual learners, function 23 as good citizens, learn as individuals in our society and develop as actual or potential 24 workers in our community. Students can be academically successful with all subjects, 25 contributing to their intellectual development. The School values the traditional 26 classroom teacher and the role the family plays in impacting students, and places strong 27 emphasis on the value of new information and technologies to enhance the development 28 of the individual strengths of each student. The School places emphasis on identifying AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 1 of 74 I students' learning styles and developing strategies that enables students to succeed. The 2 synergy of the low staff -pupil ratio, the goal oriented curriculum, and the preparation and 3 teaching experience of the selected staff will provide a high level of consistency between 4 the mission and the educational program. 5 B) Term 6 1) Term: The term shall cover fifteen (15) years commencing on the first day of 7 school in the 2003 -2004 school year, and ending on June 30, 2018. The Sponsor 8 and School initially entered into a Charter School Contract on April 18, 2002, 9 ( "Contract ") that was amended on July 15, 2004 and May 22, 2008. The term of 10 a high performing charter school, as defined by § 1002.33 F.S., shall be modified 11 if the School receives a school grade of "C" or below in any two years during the 12 term of the charter. 13 2) Start -Up Date /School Calendar 14 a) In its sole discretion, the Sponsor may grant a one -year deferral from the 15 initial opening date as stated in the approved Application (Appendix A), 16 so that the School may postpone the opening for one school year. If a 17 deferral is granted, the term of this Contract will be adjusted to reflect 18 cancellation of one year of the term. If the School is granted the deferral 19 but does not open, this Contract will be automatically rescinded with no 20 notice or further action required of the Sponsor. 21 b) The School's calendar shall be consistent with the beginning of the 22 Sponsor's public school calendar for each school year. The School shall 23 provide instruction for at least the number of days and the minimum 24 number of instructional minutes required by law for other public schools. 25 Instructional days beyond the minimum must be reviewed and approved 26 by the Sponsor prior to implementation. After the School's calendar is 27 approved, any subsequent modification must be approved by the Sponsor 28 prior to implementation. Violation of this provision may result in 29 withholding FTE without interest, and/or termination of Contract. 30 c) Deadline for Submission of Pre - Opening Checklist Items: No later 31 than thirty (30) days prior to the initial use of the facility by the school, the AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 2 of 74 I school shall have an approved contract and provide evidence of all 2 necessary permits, licensing, zoning, use approval, facility certification 3 and other approvals required by the local government. Failure to comply 4 shall result in automatic rescission of the Contract with no notice or 5 further action required of the Sponsor. 6 3) Charter Modification: This Contract, regardless of the School's high- 7 performing designation, may not be modified unless approved by both parties in 8 writing pursuant to School Board Policy 9800, Charter Schools. Unilateral 9 modification of this Contract in any way is a breach of the Contract and the 10 Contract may be terminated. Whenever a contract is amended, it shall be updated 11 to comply with current School Board policies and standard contract. 12 4) Charter Renewal 13 a) Prior to renewal of this charter, the Sponsor shall perform a program 14 review to determine the level of success of the school's current academic 15 program, achievement of the goals and objectives required by state 16 accountability standards and successful accomplishment of the criteria 17 under §1002.33(7)(a), F.S., the viability of the organization, compliance 18 with the terms of the charter, and that none of the statutory grounds for 19 nonrenewal exist. 20 b) Any charter school seeking renewal shall complete a charter renewal 21 application and the sponsor's renewal process. The application shall 22 include documentation for the items listed above. 23 c) If the School is eligible, this Contract may be renewed for up to an 24 additional fifteen (15) years by mutual agreement of the parties and upon the 25 terms and conditions established by Fla. Stat. § 1002.33(7), (8), for such 26 renewals Upon approval, the contract will be renewed following the contract 27 negotiation process in the current School Board policies and standard 28 contract. 29 C) Educational Program and Curriculum: The School shall implement the educational 30 program and curriculum as described in the approved application in Section 3: 31 Educational Program Design. (Appendix A) AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 3 of 74 1 1) General 2 a) The School shall implement its educational and related programs as 3 specified in the School's approved application (Appendix A), including 4 the School's curriculum, the instructional methods, any distinctive 5 instructional techniques to be used, and the identification and acquisition 6 of appropriate technologies needed to improve educational and 7 administrative performance, which include a means for promoting safe, 8 ethical, and appropriate uses of technology which comply with legal and 9 professional standards. The School shall ensure that reading is a primary 10 focus of the curriculum and that resources are provided to identify and 11 provide specialized instruction for students who are reading below grade 12 level. Further, the curriculum and instructional strategies for reading shall 13 be consistent with applicable State and Federal Standards and grounded in 14 scientifically -based reading research. Updates, revisions, and/or changes 15 to the curriculum programs described in the application and as requested 16 by the Sponsor as a condition of the application's approval are 17 incorporated as part of the approved application included as Appendix A. 18 Any request to change the School's curriculum must be submitted to the 19 Sponsor in writing, comply with all applicable laws and be approved by 20 the Sponsor before the changes are implemented. 21 b) The School will adopt and implement with fidelity, the Sponsor's K -12 22 Comprehensive Research -Based Reading Plan (CRRP), § 1011.62, F.S. 23 and Rule 6A- 6.053, F.A.C., including all instructional materials, unless it 24 has chosen to use an alternate research -based core reading plan. If 25 applicable, the School's adopted research -based core reading plan is 26 attached as Appendix D. 27 D) Non- Renewal/Cancellation and Termination 28 This Contract may be cancelled or terminated during its term for any reason set forth in 29 state law and this Contract. Notices of non - compliance, termination, cancellation and 30 default may be issued by the Sponsor's Superintendent or the Superintendent's designee. 31 1) Reasons for Termination/Non- Renewal: The Sponsor may choose to terminate AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 4 of 74 I the Contract during its term or not renew the Contract at the end of the current 2 term, for any of the following reasons: 3 a) failure to participate in the state's education accountability system created 4 in Fla. Stat. § 1008.31, as required in this section, or failure to meet the 5 requirements for student performance stated in the Charter; 6 b) failure to meet generally accepted standards of fiscal management; 7 c) violation of law; 8 d) other good cause shown, including but not limited to, those defined in this 9 Contract; 10 e) failure to make sufficient progress in attaining the student achievement 11 objectives of the charter and it is not likely that such objectives can be 12 achieved before expiration of the charter, and/or 13 i) failure to correct any material deficiency(ies) of which the Sponsor has 14 notified the School either in the termination notice or in a separate prior 15 notice of non - compliance. 16 2) "Good Cause ": "Good cause" for non - renewal or termination includes, but is not 17 limited to, the following: 18 a) failure to implement a reading curriculum that is consistent with effective 19 teaching strategies grounded in scientifically -based reading research, and 20 approved by the Florida Department of Education; 21 b) substantially inadequate student performance; 22 c) receiving a grade of "F" in any two years; 23 d) the school or its representatives are found to have committed a material 24 fraud on the Sponsor or made a material misrepresentation, either willfully 25 or recklessly, in the application or this contract.; 26 e) failure to timely submit or implement a Corrective Action Plan, a 27 Financial Recovery Plan, or periodic reports specified in the plans and 28 required by the Sponsor, the State Commissioner of Education or the State 29 Board of Education; 30 t) failure to follow, implement or make progress toward the mission of the 31 School as stated in the Application and this Contract; AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 5 of 74 I g) failure to deliver the instructional programs or curricula identified in the 2 application; 3 h) failure to make contributions to the Florida Retirement System if the 4 school has elected to be part of the FRS; 5 i) having substantial debt or delinquency in payments; 6 j) the School files for bankruptcy, is adjudicated bankrupt or insolvent, or is 7 so financially impaired that the school cannot continue to operate and /or is 8 no longer economically viable; 9 k) failure to have an annual audit that complies with the requirements 10 specified in this Contract or to timely submit required financial reports; 11 1) failure to meet generally accepted accounting principles; 12 m) willfully or recklessly fails to manage public funds according to the law 13 n) failure to comply with maximum class size restrictions as required by law; 14 0) failure to maintain insurance coverage as required by this Contract; 15 p) failure to provide the sponsor with access to records; 16 q) violation of any court order; 17 r) criminal conviction on matters regarding the charter school by either the 18 charter school's governing board, its members, collectively or 19 individually, or by the management company contracted by the charter 20 school; 21 s) receiving a determination of financial emergency, pursuant to § 218.503, 22 F.S.; 23 t) 24 u) improper student admissions and /or withdrawal practices; 25 3) Additional "Good Cause" for Non- Renewal/Termination: "Good cause" also 26 includes any material breach or violation of the standards, requirements, or 27 procedures of this Contract, including but not limited to: 28 a) failure to timely comply with all financial reports and statements in the 29 format specified by the Sponsor; 30 b) violation of the prohibition against School governing board members 31 receiving compensation, directly or indirectly, from the School's AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 6 of 74 I operations, including but not limited to grant funds; 2 c) failure to fulfill all the requirements for highly qualified instructional 3 personnel as defined by the No Child Left Behind Act (NCLB); 4 d) failure to comply with the timely submission of the annual report to the 5 Sponsor; 6 e) failure to timely submit the School Improvement Plan to the Sponsor; 7 f) failure to participate in all required assessment programs; 8 g) failure to allow the Sponsor reasonable access to facilities and records to 9 review data sources, including collection and recording procedures; 10 h) failure to comply with the education goals established by § 1000.3(5), 11 F.S.; 12 i) failure to make adequate progress towards the goals and outcomes 13 designated in the School Improvement Plan; 14 j) failure of secondary charter schools to comply with § §1003.43 and 15 1008.25, F.S.; 16 k) failure to use records and grade procedures that adequately provide the 17 information required by the Sponsor; 18 1) failure to provide Special Education (SPED) students and English 19 Language Learners (ELL) with programs and services in accordance with 20 federal, state and local laws; 21 m) failure to obtain proof of consent to enroll each student from the student's 22 parent / guardian or from the student, if the student is eighteen (18) years 23 of age or older; 24 n) failure of the school to comply with the timely submission of the annual 25 financial audit as required by §218.39, F.S.; 26 0) failure to comply with the Florida Building Code (including chapter 423) 27 and the Florida Fire Prevention Code, including reference documents, 28 applicable state laws and rules, and federal laws and rules; 29 p) failure to comply with all applicable laws, ordinances, and codes of 30 federal, state, and local governance including Individuals with Disabilities 31 Education Act (IDEA); AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 7 of 74 I q) failure to obtain all necessary licenses, permits, zoning, use approval, 2 facility certification, and other approvals required for use and continued 3 occupancy of the facility as required by the local government or other 4 governmental agencies, within the timelines specified by the Sponsor; 5 r) failure to maintain valid licenses, permits, use approval, facility 6 certification, and any other approval as required by the local government 7 or any other governmental bodies having jurisdiction at any time during 8 the term of this Contract; 9 s) violation of § 112.311 - 112.326, F.S., Code of Ethics for Public Officers 10 and Employees to the extent that it is applicable to local government 11 agencies because the School is a department of a local government; 12 t) violation of School Board Policy 1210, 3210, and 4210, Standards of 13 Ethical Conduct and Code of Ethics to the extent that it does not conflict 14 with the provision of Chapter 112, as it applies to the School; 15 u) violation of School Board Policy 9800, Charter Schools (Appendix C); 16 v) violation of the Family Educational Rights and Privacy Act (FERPA) (20 17 U.S.C. § 1232g; 34 CFR Part 99); or 18 w) any material violation of assessment administration and security 19 procedures. 20 4) Non- Renewal/90 -day Termination 21 At least ninety (90) days prior to non - renewal or termination of the Contract, the 22 Sponsor shall notify the City Manager in writing. The notice shall state in 23 reasonable detail the grounds for non - renewal or termination. 24 a) Hearing: Within 14 calendar days after receiving the notice, the City 25 Manager may request an administrative hearing in front of the Florida 26 Division of Administrative Hearings (DOAH) by filing a written request 27 with the School Board Clerk pursuant to School Board Policy 0133, 28 Quasi- Judicial. The DOAH hearing will be conducted pursuant to § 29 1002.33, F.S., and Ch. 120, F.S. Following the hearing, the DOAH 30 recommended order shall be submitted to the Sponsor which will adopt a 31 final order. The final order shall state the specific reasons for the AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 8 of 74 I Sponsor's decision and provide it to the City Manager no later than then 2 (10) days after issuance. 3 b) The Sponsor may send in financial and/or instructional experts to advise 4 and assist the School in improving the conditions stated in the notice of 5 termination. Failure to cooperate, or failure to significantly improve the 6 noted conditions, shall also constitute good cause for termination. 7 c) The charter school's governing body is deemed to be the last legitimate 8 roster submitted to the Sponsor. 9 d) The decision by the governing board to request a DOAH hearing must be 10 made in a legally advertised public meeting with a quorum present. 11 Minutes or adopted resolution documenting the action must be submitted 12 to the Sponsor with the request for a DOAH hearing and properly posted. 13 e) The City shall continue to operate the school until the Sponsor issues a 14 final order terminating the charter, during which time all provisions of this 15 contract shall remain in effect. The closing date shall be negotiated 16 between the Sponsor and the School. 17 E) Immediate Termination 18 1) Student Health, Safety, or Welfare: This contract may also be terminated 19 immediately if the Sponsor determines that an immediate and serious danger to 20 the health, safety, or welfare of the charter school's students exists. The 21 Sponsor's determination is subject to procedures in Section D(a), (c), and (d) 22 above except that the charter school must request a DOAH hearing within ten 23 (10) calendar days upon receiving the notice and the hearing may take place after 24 the charter has been terminated. 25 2) Sponsor Notification Responsibilities: Upon immediate termination, the 26 Sponsor shall notify the City Manager and principal in writing. 27 3) Operation of the School: The Sponsor shall operate the school until the issuance 28 of a final order unless the continued operation of the charter school would 29 materially threaten the health, safety, or welfare of the students. 30 4) Appeal: The City Manager may, within ten (10) calendar days after receiving the 31 Sponsor's decision to terminate the Contract, appeal the decision pursuant to law. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 9 of 74 1 5) School Access and Documentation Responsibilities: The School shall 2 immediately give to the Sponsor all keys to the School's facilities, all security - 3 system access codes and access codes for all computers in the School's facilities, 4 all student, educational and administrative records of the School, access to the 5 school's bank accounts and public funds, but specifically excluding funds of the 6 City of Aventura, a governmental entity, storage facilities, all records, 7 information, receipts and documentation for all expenditures of public funds, 8 excluding City of Aventura funds, and including but not limited to federal grants 9 such as Title I and charter school grants, and all public property. 10 6) Removal of Funds or Property: The school shall not remove any funds or 11 property purchased with either public or private funds until the Sponsor has a 12 reasonable opportunity to determine whether the funds are public or private and 13 whether the property was purchased with public or private funds. Under no 14 circumstances shall the school remove any property or funds prior to the 15 Sponsor's decision to immediately terminate. 16 7) Disbursement of Funds: The Sponsor shall only disburse charter school funds in 17 order to pay the normal expenses of the school as they accrue in the ordinary 18 course of school business. The Sponsor is not required to use its own funding 19 resources to pay the School's debts. 20 8) Employees of the School: The School's instructional and operational employees 21 may continue working in the School during the time that the Sponsor operates the 22 School but will not be considered Sponsor employees. The Sponsor reserves the 23 right to take any appropriate personnel action regarding the School's employees. 24 F) Post - Termination 25 1) School Responsibilities: The School shall be dissolved under the provisions of 26 law under which the School was organized. Student records and copies of all 27 administrative, operational, and financial records of the School shall be provided 28 to the Sponsor on the date the termination/non - renewal takes effect. 29 2) School Furniture, Fixtures, Equipment, and Funds: Any property, 30 improvements, furnishings, and equipment purchased with public funds, 31 excluding City of Aventura funds, shall automatically revert to the Sponsor AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 10 of 74 1 (subject to any lawful liens and encumbrances). If the School's accounting 2 records fail to clearly establish whether a particular asset was purchased with 3 public funds or non - public funds, then it shall be presumed public funds were 4 used and ownership of the asset shall automatically revert to the Sponsor. 5 Property and assets purchased with public funds shall be defined as those goods 6 purchased with grants and funds provided by a governmental entity but 7 specifically excluding funds of the City of Aventura, a governmental entity. 8 Funds provided by the School and used by a management company to purchase 9 property and assets for the School are considered public funds. 10 3) School Debt: The School shall be responsible for all the debts of the School. The 11 Sponsor may not assume the debt from any contracted services made between the 12 governing body of the School, the Management Company, and/or third parties. 13 4) Unencumbered Funds: Upon the Sponsor's request, unencumbered public funds 14 from the School excluding City of Aventura funds, any improvements, 15 furnishings, and equipment purchased with public funds, excluding City of 16 Aventura funds, or financial or other records pertaining to the School, in the 17 possession of any person, entity, or holding company other than the School, shall 18 be held in trust until any appeal status is resolved. 19 5) Final Audit: During the fiscal year in which termination or nonrenewal occurs, 20 the School Board of Miami -Dade County shall withhold from Charter School's 21 FEFP funds those monies necessary to cover the cost of a final financial audit. 22 G) School Election to Terminate or Non - renew: If the School elects to terminate or non - 23 renew the charter, it shall provide notice of the election to the Sponsor indicating the final 24 date of operation. All post - termination provisions apply. 25 26 SECTION 2: ACADEMIC ACCOUNTABILITY 27 A) Student Performance: Assessment and Evaluation 28 29 1) Initial Year 30 a) Expected Outcomes: The educational goals and objectives for improving 31 student achievement, including how much academic improvement AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 11 of 74 I students are expected to show each year, how student progress and 2 performance will be evaluated and the specific results to be attained, as 3 described in Section 5a of application: Student Performance, Assessment 4 and Evaluation 5 b) Methods of Measurement: The methods used to identify the educational 6 strengths and needs of students and the educational goals and performance 7 standards are those specified in the School's approved application. 8 c) Assessments 9 i) State - Required: Students shall participate in all state assessment 10 programs. The School shall facilitate required alternate 11 assessments and comply with state reporting procedures. 12 ii) Additional: Students shall participate in all District assessment 13 programs in which the District's students in comparable 14 grades /schools participate and any other assessments as described 15 in Section 5e of the application: Student Performance, Assessment 16 and Evaluation. 17 iii) Support: All School personnel involved with any aspect of the 18 testing process must have knowledge of and abide by state and 19 Sponsor policies, procedures, and standards regarding test 20 administration, test security, test audits, and reporting of test 21 results. The Sponsor shall provide to applicable school staff all 22 services /support activities that are routinely provided to the 23 Sponsor's staff regarding implementation of District and state - 24 required assessment activities, e.g., procedures for test 25 administration, staff training, dissemination and collection of 26 materials, monitoring, scoring, analysis, and summary reporting. 27 iv) Technological & Infrastructure: The School shall provide 28 adequate technological infrastructure to support all required online 29 test administration. 30 2) Annual 31 a) School Improvement Plan AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 12 of 74 I i) Minimum Components of SIP 2 1) The School will provide the Sponsor a School Improvement 3 Plan that is based on the goals and objectives required by 4 federal and state law and complies with the guidelines 5 provided by the Sponsor by the date due established by the 6 State and /or Sponsor. The School Improvement Plan shall 7 contain the School's measurable objectives for the subsequent 8 school year. 9 2) The School agrees to the baseline standard of achievement, 10 the outcomes to be achieved, and the methods of measurement 11 that have been mutually agreed upon in the School 12 Improvement Plan. 13 ii) Deadline for Educational Excellence School Advisory Council 14 (EESAC)Approval: The Educational Excellence School Advisory 15 Council (EESAC) of the School shall review and approve the SIP 16 prior to its submission. Minutes documenting SIP approval must 17 be taken and posted. 18 iii) Monitoring: The City Manager shall develop and monitor the 19 implementation of the School Improvement Plan. Schools which 20 fall under the State of Florida Differentiated Accountability Plan 21 will comply with all requirements as they relate to the School 22 Improvement Plan. 23 b) Assessments: Students shall participate in assessment programs as 24 described in Section 5e of application: Student Performance, Assessment 25 and Evaluation. 26 i) State - required: Students at the School shall participate in all state 27 assessment programs. The School shall facilitate required alternate 28 assessments and comply with state reporting procedures. 29 ii) Additional: Students shall participate in all State assessment 30 programs and any other assessments as described in Section 5e of 31 the application: Student Performance, Assessment and Evaluation. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 13 of 74 1 1) The School shall be responsible for all costs associated 2 with assessments not mandated by the state or covered by 3 federal funding, such as Title I and IDEA. 4 2) If an IEP for a student with disabilities, or an EP for a 5 student who participates in programs for the gifted, 6 indicates accommodations or an alternate assessment for 7 participation in a State assessment, the School will 8 facilitate the accommodations or alternate assessment and 9 comply with State reporting procedures. 10 iii) Support: All School personnel involved with any aspect of the 11 testing process must have knowledge of and abide by state and 12 Sponsor policies, procedures, and standards regarding test 13 administration, test security, test audits, and reporting of test 14 results. The designated test chair for the School shall hold current 15 Florida teaching certification. The Sponsor shall provide to 16 applicable school staff all services /support activities that are 17 routinely provided to the Sponsor's staff regarding implementation 18 of District and state- required assessment activities, e.g., procedures 19 for test administration, staff training, dissemination and collection 20 of materials, monitoring, scoring, analysis, and summary reporting. 21 3) Termination Based on School Grade: The Contract shall be terminated if the 22 School receives a state - designated grade of "F" in any two years. The Contract 23 may be non - renewed or terminated if the School fails to make adequate academic 24 progress in accordance with state and federal laws. This provision does not 25 preclude the Sponsor from terminating the Contract for failure to meet academic 26 standards within the first or any subsequent school year. In addition to 27 evaluating the School's success in achieving the objectives stated in the School 28 Improvement Plan, the School shall meet the state's student performance 29 requirements as delineated in State Board of Education Rule 6A- 1.09981, 30 Implementation of Florida's System of School Improvement and Accountability, 31 based on § §1001.02, 1008.33, and 1008.345, F.S. This accountability criterion AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 14 of 74 I shall be based upon the assessment systems of the School, the Sponsor, and the 2 State. The School shall use records and grade procedures that adequately provide 3 the information required by the Sponsor. The School may use an alternative 4 grading and recording system, but the system must comply with the State's 5 reporting guidelines and be approved by the Sponsor. The School will use the 6 Sponsor's Pinnacle grade book system. If the school chooses to use an 7 application other than Pinnacle or the system in use by the Sponsor, it will be 8 responsible for data entry directly into ISIS for both daily attendance and all 9 academic grades. Schools that use an alternative grade book system will not be 10 able to upload grade or attendance data to Information Technology Services (ITS) 11 department. Schools not uploading will be required to have a documented 12 procedure in place for communicating attendance and grades to the data entry 13 clerk, prior to the opening of schools. Schools who opt to use an alternative grade 14 book system, will be required to provide some form of prior year electronic audit 15 trail. No ITS support will be provided for schools that do not use Pinnacle or the 16 designated system. The School shall follow the Sponsor's Elementary School 17 Academic Programs Course Codes and /or Miami -Dade County Public Schools 18 Authorized Courses for Secondary Schools, as appropriate. If applicable, the 19 School shall provide each student with a current state adopted textbook or other 20 current instructional materials in each core course, including but not limited to, 21 mathematics, language arts, science, social studies, reading, and literature, 22 pursuant to §1006.40(2)(a), F.S. These materials must be provided within the 23 first 2 years of the effective date of the State's textbook adoption cycle. 24 4) Textbook Inventory: The School will maintain, and have available for review, a 25 current textbook or digital textbook inventory for core courses which shall 26 include title, date of adoption cycle, and number of texts available and in use. 27 B) Student Promotion 28 1) Student Progression Plan 29 The School will adopt the Sponsor's Student Progression Plan (SPP), which is 30 attached as Appendix E. The School shall implement the SPP in effect for the 31 current operational year. The Sponsor may consider but is not obligated to AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 15 of 74 I approve any exemptions from the SPP requested by the School. Failure to agree 2 on exemptions shall not be considered a Contract dispute. The School may not 3 implement any exemptions that are not approved by the Sponsor. 4 2) Graduation Requirements 5 The School shall establish a method for determining that a student has satisfied 6 the requirements for graduation in § §1003.43 and 1008.25, F.S., and shall inform 7 the Sponsor of this method at least one month prior to the beginning of the first 8 school year of operation. 9 3) Accreditation 10 Secondary schools shall notify the parents and students of the School's 11 accreditation status and the implications of non - accreditation in the Student 12 Enrollment form, the Parent/Student handbook, and the Parent/Student contract. 13 The notification must also be prominently displayed at all times on the School's 14 website. 15 4) Other Assessment Tools 16 As stated in approved Application. 17 C) Data Access and Use 18 1) Access to Facilities, Records, and Data: The School shall allow the Sponsor 19 reasonable access to its facilities and records to review data sources, including 20 collection and recording procedures, in order to assist the Sponsor in making a 21 valid determination about the degree to which student performance requirements 22 have been met as stated in the Contract, and required by § §1008.31 and 1008.345, 23 F.S. 24 2) Sponsor Use of Required Assessment Data: The Sponsor shall use results from 25 the state and district required assessment programs referenced in this Contract, the 26 data elements included in the annual report, and any other information acquired 27 by the Sponsor to provide the State Board of Education and the Commissioner of 28 Education the analysis and comparison of the schools' student performance. 29 3) Acceptable Use Policy: All Charter School employees and students are bound by 30 all of the Sponsor's computer policies and standards regarding data privacy and 31 system security. The School shall not access any of the Sponsor's student AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 16 of 74 1 2 3 4 5 6 7 8 9 10 11 12 13 information unless and until the student enrolls in the School. Violation of this provision constitutes good cause for termination. SECTION 3: STUDENTS A) Eligible Students: The School shall be open to any student residing in Miami -Dade County. As a charter school -in- the - municipality, the School will limit the enrollment process to target the children of residents of The City of Aventura, as permitted by Fla. Stat. §1002.33(10) and (15)(2007). However, ACES will not discriminate on the basis or race, religion, national or ethnic origin, or exceptionality in the admission of students, in accordance with federal and state anti - discrimination laws. B) Grades Served: K -8 C) Class Size: The school shall comply with class size restrictions as required by law. 14 15 D) Annual Projected Enrollment: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1) Student Enrollment: Following is the student enrollment breakdown by year according to the approved application: a) Year 1 -2: 2003 -2005 — Grades K to 5 - up to 600 students b) Year 3 -6: 2005 -2009 — Grades K to 8 - up to 900 students C) Year 7 -9: 2009 -2012 — Grades K to 8 - up to 972 students d) Year 10 �j = 13 — Grades K to 8 - up to 984 students e) Year 11: 200r2014 — Grades K to 8 - up to 9,9 students f) Year 12: 20 — Grades K to 8 — up to go students g) Year 13. — Grades K to 8 — up to,02Q students h) Year 14- 15:201 - fl 18 — Grades K to 8 — up to 1,W students 2) High Performing Charter Schools: A high performing charter school must have documentation from the Commissioner of Education designating the School as high - performing pursuant to §1002.331, F.S. A high performing charter school shall notify the Sponsor in writing by March 1 of the preceding year if it intends to increase enrollment or expand grade levels the following year. The school may increase its student enrollment once a year no more than 15 percent more than the AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 17 of 74 I capacity identified in its contract and /or expand grade levels to add grade levels 2 not already served. The written notice shall specify the amount of the enrollment 3 increase and the grade levels that will be added. To increase enrollment and add 4 grade levels this contract must be amended through the amendment process in 5 School Board Policy 9800, Charter Schools. Failure to provide timely notice to 6 the Sponsor or to comply with the amendment process shall preclude the school 7 from increasing enrollment or expanding grade levels. 8 3) Minimum Enrollment Requirements: The School's minimum enrollment for 9 the first year of operation is N /A. The parties agree that this is the minimum 10 enrollment that will support the School's operations. Failure to achieve the 11 minimum enrollment by the October FTE reporting period for each year of the 12 contract constitutes good cause for termination or nonrenewal. A budget to 13 support this minimum enrollment is provided in Appendix F. 14 4) Deferred Opening and Student Enrollment: In the event the School defers 15 opening, the student enrollment breakdown in paragraph 1 above will be adjusted to 16 reflect the cancellation of the first year and Year 4 will reflect the maximum capacity 17 permitted. 18 5) Required Instructional Minutes: Instructional minutes shall be a minimum of 300 19 minutes or in accordance with Florida Education Finance Program. 20 6) Enrollment Capacity: The enrollment capacity is contingent on the student capacity 21 as stated on the valid Certificate of Occupancy (CO), Certificate of Use (CU), and /or 22 Fire Permit for the School facility issued by the local governmental agency in whose 23 jurisdiction the facility is located. Monthly FTE payments shall be withheld, without 24 interest, for students in excess of the School's enrollment capacity, as defined by the 25 valid CO, CU, or Fire Permit. 26 E) Admissions and Enrollment Plan 27 The School shall implement the enrollment policies and procedures and lottery process. The 28 School shall enroll any eligible student who submits a timely application. If the number of 29 applications of Aventura residents` children applications exceeds the capacity of a program, 30 class, grade level, or building, those applicants shall be given an equal chance of being 31 admitted through a random selection process . As permitted by Fla. Stat. §1002.33(15), AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 18 of 74 I preferences will be given to children of Aventura residents. All applicants shall be given an 2 equal chance of being admitted through a random selection process. The random selection 3 process will reflect the diversity of the targeted community. After all Aventura applicants 4 have been offered seats, non - Aventura applicants will be enrolled, as permitted by Fla. Stat. 5 §1002.33(10)(b). Pursuant to Fla. Stat. §1002.33(10(b), if the number of non - Aventura 6 applications exceeds the capacity of a program, class, grade level, or building, those 7 applicants shall be given an equal chance of being admitted through a random selection 8 process. The School shall strive to achieve a racial /ethnic balance reflective of the 9 community it serves. Failure to comply with these provisions constitutes good cause to 10 terminate this Contract. Pursuant to Fla. Stat. § 1002.33(10)(d), the School shall give 11 enrollment preference the children of the residents of Aventura who are seeking enrollment, 12 to a sibling of a student enrolled in the School or to the child of an employee of the School. 13 1) Provision of School Information: The School shall provide all information about 14 the School to parents /guardians in English, Spanish and Haitian Creole. 15 2) Enrollment Consent: To enroll a student, the School must obtain proof of consent 16 from the student's parent or guardian, or from the student if the student is eighteen 17 (18) years of age or older. A charter school may not transfer an enrolled student to 18 another charter school having a separate Master School Identification Number 19 without first obtaining the written approval of the student's parents /guardians. The 20 school must maintain appropriate enrollment and student application documentation. 21 3) Record of Application and Enrollment: The School must maintain a record of all 22 the students who apply to the School, whether or not they are eventually enrolled. 23 The information shall be made available to the Sponsor upon request. 24 4) Enrollment Lottery and Wait List Documentation: The School shall maintain 25 documentation of each enrollment lottery conducted, as well as any student wait lists 26 that are generated and make them available to the Sponsor upon request. Lottery 27 documentation shall clearly allow the Sponsor to verify that the random selection 28 process utilized by the School was fair to all applicants. 29 F) Student Information: The School may not request prior to enrollment, through the 30 application or otherwise, information regarding the student's academic history, record of 31 standardized testing performance, juvenile or disciplinary history or status, a student's AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 19 of 74 1 Individual Education Plan (IEP) or other information regarding a student's special 2 needs.Maintenance of Student Records 3 1) Student Records: The School shall maintain both active and archival records for 4 current/former students in accordance with § §1003.25 and 1002.22, F.S., and 5 State Board of Education Rule 6A- 1.0955. 6 2) Transfer of Student Cumulative Records: All permanent cumulative records 7 (both Category A, Permanent Information, and Category B, Temporary 8 Information) of students leaving the School, whether by transfer to a traditional 9 public school within the school system or withdrawal to attend another charter 10 school, shall be transferred upon receipt of an official request from a receiving 11 Miami -Dade County public school or a Sponsor's charter school. The School 12 may retain copies of the departing student's academic records created during the 13 student's attendance at the School. 14 3) Transfer of Student Cumulative Records Upon School Termination: Upon 15 termination of a student's enrollment at the School, all permanent cumulative 16 records (both Category A, Permanent Information, and Category B, Temporary 17 Information) of students leaving the School, but not transferring to a Sponsor's 18 public school or charter school, shall be hand - delivered to the Sponsor's 19 Department of Records and Forms Management. Proof of delivery shall be 20 provided to the Sponsor within five (5) business days. The School may retain 21 copies of the departing student's academic grades and attendance during the 22 student's enrollment at the School. 23 4) Transmittal of Educational Records: The School shall transmit to the Sponsor's 24 Department of Records and Forms Management, a listing of the types of Category 25 A and B educational records pursuant to State Board of Education Rule 6A- 26 1.0955 and the procedures from the Division of Student Services as stipulated in 27 the Student Educational Records manual. This report shall be transmitted each 28 year prior to July 1. 29 G) Exceptional Student Education 30 1) Non - Discrimination: The School shall not discriminate against students with 31 disabilities in placement, assessment, identification, and admission. Prior to the AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 20 of 74 I student's enrollment in the School, the School shall not request, through the 2 School's application or otherwise, a student's IEP or other information regarding 3 a student's special needs, nor shall the school access such information. 4 2) Sponsor Responsibilities 5 a) The Sponsor shall conduct initial evaluations of students referred for 6 potential Special Education, Gifted and 504 Placement, and for the re- 7 evaluation of Special Education (SPED) students, in accordance with 8 federal and state mandates. The School may obtain private evaluations of 9 students at their expense. These evaluations may be considered in 10 determining eligibility but will not necessarily substitute for an evaluation 11 conducted by the Sponsor's personnel in a manner and timeframe 12 consistent with that of all of the other Sponsor's schools. 13 b) A representative of the Sponsor shall participate in all initial IEP meetings 14 and those IEP meetings where a significant change of services or 15 placement may be considered and shall serve as the Local Educational 16 Agency (LEA) Representative when present at an IEP meeting. However, 17 the administrator or designee in charge at the School will serve as the 18 LEA Representative at annual and interim IEP, Educational Plans (EP), 19 and 504 meetings, which the School shall conduct. 20 3) School Responsibilities 21 a) The School shall provide Special Education (SPED) students with 22 programs and services implemented in accordance with federal, state and 23 local policies and procedures, specifically the IDEA, Section 504 of the 24 Rehabilitation act of 1973, and § §1000.05, 1003.57, 1001.42(4)(1), and 25 1002.33, F.S., and Chapter 6A -6, F.A.C. 26 b) The School shall deliver all educational, related services and equipment 27 indicated on the student's IEP, EP, or 504 Plan. The School shall also 28 provide related services and equipment, e.g., speech /language therapy, 29 occupational therapy, physical therapy, counseling, assessment 30 instruments, assistive technology devices and therapeutic equipment. 31 c) The School shall conduct the evaluations of the School's students AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 21 of 74 I referred for physical therapy (PT) and occupational therapy (OT) and 2 speech and language (SL) services. After the student is determined 3 eligible for these services and the initial IEP or 504 Plan is written, the 4 School shall be responsible for providing required PT, OT, and SL 5 services to the student. The School shall ensure that PT, OT and SL 6 therapists who perform the evaluations attend an IEP meeting to review 7 the evaluations when eligibility for services is determined. The evaluation 8 must include a review of the student's IEP, identification and development 9 of PT, OT and SL goals and /or a treatment plan for the student. The 10 School shall ensure that all therapists review and implement the student's 11 initial IEP. The School shall ensure that all therapists providing services to 12 the student participate in the student's annual and interim IEP meetings 13 either in writing, by telephone, or in person. The student's IEP goals and 14 benchmarks related to these areas are to be updated by the student's 15 treating therapists. The School shall require all therapists providing 16 services to the student to attend orientation and in- service training on 17 delivery of school -based services and how to develop goals and 18 benchmarks based upon educational theory. The Sponsor shall provide 19 that orientation and in- service training. The Sponsor may conduct periodic 20 reviews of the paperwork prepared by the OT, PT and SL therapists 21 providing services to such students. 22 d) The School shall comply with the requirements of the IDEA as it relates to 23 the student's IEP, and the appropriate instructional personnel of the 24 School shall attend all IEP meetings. 25 e) Special Education students shall be educated in an inclusionary, least - 26 restrictive environment as outlined in Appendix G, Exceptional Student 27 Education Policy and Procedures. Inclusionary practices include, but are 28 not limited to the following models: consultative, co- teaching, and support 29 facilitation. Students whose needs cannot be adequately addressed at the 30 School as determined by an IEP committee meeting held after enrollment, 31 will be appropriately referred and the School staff will work together with AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 22 of 74 I the Sponsor to ensure that the needs of these students are met. 2 4) Services Covered by the Administrative Fee: The Sponsor shall provide 3 exceptional student education administration services to the School, pursuant to § 4 1002.33, F.S. 5 5) Due Process Hearing 6 a) A student, parent, or guardian who indicates at an IEP, EP or 504 meeting 7 that they wish to file for a due process hearing pursuant to state law and 8 rules shall be given the appropriate forms by the LEA attending the IEP 9 meeting. These forms shall also be provided upon request at any other 10 time. 11 b) Due process hearing requests shall be filed with the School Board Clerk 12 pursuant to School Board Policy 0133, Quasi- Judicial Functions. As soon 13 as a request is filed, the Sponsor shall inform the School. 14 c) The Sponsor may initially represent the School if the school agrees. If the 15 Sponsor elects not to represent the School, the Sponsor will select and 16 assign an attorney from a pool of qualified outside counsel or the School 17 may use an attorney it selects if the Sponsor agrees. 18 d) In cooperation with the assigned attorney, the School is responsible for 19 scheduling resolution and mediation meetings as required under state and 20 federal law. 21 e) The Sponsor shall ensure that (1) the due process hearing is conducted 22 pursuant to applicable state law and rules, (2) a final decision is reached, 23 and (3) a copy of the decision is mailed to the parties. 24 f) The School shall bear all the costs associated with the administrative due 25 process hearing, legal representation, discovery, court reporter, and 26 interpreter. In the event that the student, parents or guardians prevail, 27 either through a hearing or settlement, the School shall pay any and all 28 attorneys' fees, reimbursements, compensatory education and any other 29 costs incurred, agreed upon or awarded. 30 6) Reimbursement for Services: Under the Medicaid Certified School Match 31 Program, the School may be eligible to seek reimbursement for certain services AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 23 of 74 I provided to Medicaid - eligible students who qualify for services under the IDEA, 2 Part B or C. In order to seek reimbursements, the School shall follow the 3 procedures established for Medicaid - reimbursable services to eligible students at 4 the School as outlined in Appendix H, attached and incorporated into this 5 Contract by reference. 6 H) Dismissal Policies and Procedures 7 The School shall implement the Sponsor's Code of Conduct, the School's policies for 8 discipline, suspension, dismissal and recommendation for expulsion as described in 9 Section 8b of application and in Appendix Q. 10 1) Involuntary Student Withdrawal: The School may not withdraw or transfer a 11 student involuntarily, unless the withdrawal or transfer is accomplished through 12 established administrative procedures mutually agreed upon in this Contract, or 13 through existing administrative procedures in the Sponsor's Policies. 14 2) Student Expulsion: Only the Sponsor may expel a student. 15 3) Voluntary Student Withdrawal: A student may voluntarily withdraw from the 16 School at any time and enroll in another public school. 17 I) Discipline 18 1) Learning Environment: The School agrees to maintain a safe learning 19 environment at all times. The School will adopt and follow the Sponsor's Code of 20 Student Conduct ( "Code "), attached as Appendix I, or may submit to the Sponsor 21 an alternate Code of Student Conduct. Any deviations from the Sponsor's Code 22 and any alternative Code must be approved by the Sponsor prior to 23 implementation. The School must comply with all applicable local, state and 24 federal laws regarding the discipline of SPED students. 25 2) Corporal Punishment: The School shall not use corporal punishment. 26 3) Legal Costs: The School shall defend and pay all costs of any legal action related 27 to dismissal of students for disciplinary reasons. 28 ,n English Language Learners 29 Students at the School who are English Language Learners (ELL) will be served by 30 English for Speakers of Other Languages (ESOL) certified personnel who will follow the 31 Sponsor's Limited English Proficiency Plan which is attached as Appendix J. AVENTURA CITY OFEXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 24 of 74 I 2 SECTION 4: FINANCIAL ACCOUNTABILITY 3 A) Revenue 4 1) Basis for funding 5 Students in the school shall be funded the same as students enrolled in other 6 public schools. Funding shall be the sum of district operating funds from the 7 Florida Education Finance Program (FEFP), including gross state and local funds, 8 discretionary lottery funds, and discretionary operating millage funds divided by 9 total district funded weighted full -time equivalent (WFTE) students times the 10 weighted full -time equivalent students of the School. If eligible, the School shall 11 also receive its proportionate share of categorical program funds included in the 12 FEFP. Upon request, the School shall provide the Sponsor with documentation 13 that categorical funds received by the School were expended for purposes for 14 which the categorical was established by the Legislature. 15 a) Student Reporting 16 i) The School shall use the Sponsor's electronic data processing 17 facility and procedures for the processing of student enrollment, 18 attendance, FTE collection, assessment information, IEP's, LEP 19 plans, 504 plans and any other required individual student plan. 20 The Sponsor shall provide the School with appropriate access to 21 the Sponsor's data processing facility. The School shall provide 22 hardware and related infrastructure. 23 ii) The Sponsor shall provide training for the School's personnel in 24 the use of designated District applications necessary to respond to 25 the statutory requirements of §1008.345, F.S, including the annual 26 report and the State /District required assessment program. The 27 Sponsor's support for this function will be provided at cost and 28 will not exceed the 2% administrative fee. Access by the School to 29 additional data processing applications, materials, or forms not 30 required in the statute, but available through the Sponsor, may be 31 negotiated separately by the parties. The 2% administrative fee AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 25 of 74 I will apply to the total number of enrolled students. 2 Notwithstanding this reduction, the Sponsor shall provide the 3 administrative services required by Fla. Stat. §1002.33(20)(a), at 4 no additional cost to the School. This 2% administrative fee is 5 contingent upon the School satisfying all the following conditions: 6 1) The location of the School has been approved by the 7 Sponsor. 8 2) The facilities will be newly constructed or renovated, and 9 not third party leases, and shall comply with all 10 requirements identified in Section 5. FACILITIES, of this 11 contract. 12 3) The credit rating of the Sponsor or its tax- exempt status 13 will not be used to finance the new school. 14 4) The charter school site and facilities shall be owned by the 15 City of Aventura and shall be financed by separate bonds 16 with a documented repayment schedule, the proceeds of 17 which were used only to finance site acquisition and 18 construction of the charter school facility, subject to 19 provision of subsection (5) below. The middle school 20 addition of the School was financed from the City's 21 General Fund reserves. Future expansions may be financed 22 from the School funds or the City's General Fund, at the 23 City's discretion. 24 5) In the event that the School is terminated or the City of 25 Aventura defaults on debt issued to finance the site or 26 facility, the Sponsor shall have first right of refusal to 27 assume possession of the property in return for assuming 28 the outstanding liability. The right of the Sponsor must be 29 written into any bond indenture covering the financing of 30 the site or facility. If the Sponsor exercises the right to 31 assume ownership, it agrees to reimburse the City of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 26 of 74 I Aventura annually for its required principal and interest 2 payment, until such time as the related debt may be fully 3 paid or refinanced by the Sponsor with no prepayment 4 penalty. Upon full payment of the related debt, the City of 5 Aventura shall transfer title of both the site and facility to 6 the Sponsor along with any easements necessary to have 7 access and use of the School, free and clear of all 8 encumbrances except those acceptable to the Sponsor. 9 6) Access by the School to services not required in, but 10 available through the Sponsor, may be negotiated 11 separately by the parties. 12 iii) If the School submits data relevant to FTE funding that is later 13 determined through the audit procedure to be inaccurate, the 14 School shall reimburse the State for any errors, omissions or 15 misrepresentations for which the School is responsible. The 16 Sponsor may also terminate the Contract if it is found that the 17 information provided was intentionally misleading. 18 b) Distribution of Funds Schedule 19 i) The Sponsor shall calculate and submit twelve (12) monthly 20 payments to the School. The first payment will be made by July 21 31. Subsequent payments will be made by the 15th of each month 22 beginning with August 15. 23 ii) The first payment shall include 75% of the projected annual 24 allocation of instructional materials based on prior year 25 membership, or based on enrollment as of June 30, in the case of a 26 new school. 27 iii) Payments may be adjusted for any amounts due the Sponsor for 28 services provided and /or expenditures incurred on behalf of the 29 School during the current or previous year, as well as for 30 administrative oversight. 31 iv) Late payments are subject to interest at the rate of 1% per month AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 27 of 74 I calculated on a daily basis until paid. 2 v) Payment shall not be made for students in excess of the School's 3 enrollment capacity, the School facility's valid capacity as 4 determined by the School's Certificate of Occupancy, Certificate 5 of Use, Fire Permit (whichever is less) or this Contract. In the 6 event that the required county and/or municipality facility permits 7 do not indicate a facility capacity, the School must submit a letter 8 from the architect of record certifying the capacity of the facility. 9 vi) The Sponsor shall withhold monthly payments, without interest, if 10 the School's Certificate of Occupancy, Certificate of Use or Fire 11 Permit has expired or has otherwise become invalid. 12 vii) If the School unilaterally modifies the Contract, the Sponsor may 13 withhold payments until the Contract is properly amended and 14 approved by the Sponsor. 15 viii) The Sponsor may initially calculate monthly distributions to the 16 School for up to four (4) months based on the School's actual 17 enrollment as of June 30, or until the results of the October Full- 18 Time Equivalent (FTE) become available. The projected full -time 19 equivalent student membership will be determined by the actual 20 student enrollment at the School at the conclusion of the second 21 week of student attendance. If enrollment at the end of the second 22 week of student attendance is less than 90% of projected 23 enrollment, future monthly distributions shall be proportionally 24 reduced. Thereafter, the results of the official FTE student surveys 25 will be used in adjusting the amount of FEFP funds distributed to 26 the School. 27 c) Adjustments: Total funding shall be recalculated during the school year 28 to reflect actual WFTE students reported by the School during the FTE 29 student survey periods. In the event that the District exceeds the state cap 30 for WFTE for Group 2 programs established by the Legislature, resulting 31 in unfunded WFTE for the district, then the School's funding shall be AYENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 28 of 74 I reduced to reflect its proportional share of any unfunded WFTE. 2 d) Holdback/Proration: In the event of a state holdback or a proration 3 which changes District funding, the School's funding will be adjusted 4 proportionately. The Sponsor will not be responsible for any liabilities 5 incurred by the School in the event of a state holdback. 6 e) Summer School Provision: The School may choose to provide a 7 summer school program using state allocated funds. If a student enrolled 8 in the School attends any of the Sponsor's summer school programs, the 9 School shall reimburse the Sponsor for the cost, as determined by the 10 Sponsor, of each student's summer school program. If the School fails to 11 comply with this provision, the Sponsor may deduct the appropriate 12 amount from the School's subsequent FTE payments. 13 2) Federal Funding 14 a) Title I 15 i) Any Title I funds allocated to the School must be used to 16 supplement students' greatest instructional needs that have been 17 identified by a comprehensive needs assessment of the entire 18 School and shall be spent in accordance with federal regulations. 19 The academic program funded through Title I shall include 20 Reading, Language Arts, Mathematics and Science. Additionally, 21 for purposes of determining Title I student eligibility, Title 1 22 funding will only be provided for students entered into the M- 23 DCPS Lunch Menu in the ISIS File with approved free or reduced - 24 price meal benefit (the area that shows the student is eligible for 25 free and reduced priced lunch). 26 ii) The per pupil allocation of Title I funds shall correlate with the 27 per- pupil allocation of the students' home school. The allocation 28 of Title I Funds shall be made in accordance with the Public 29 Charter Extension Act of 1998 and all corresponding guidance and 30 regulations. 31 iii) Upon M -DCPS Title I Program designation, a memorandum of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 29 of 74 I record will be mailed directly to the City Manager for the 2 upcoming school year's Title I Program budget create. The School 3 shall complete the Charter Schools Title I Budget Appropriation 4 Details Form for the upcoming school year using the Title I 5 allocation within specified Title I Programs, as listed in the 6 memorandum of record. The Title I Budget Appropriation Details 7 Form must be completed, signed by theCity Manager, and the 8 original mailed to the Title I Office by the date certain. Once 9 approved by Title I Administration, the budget form will be 10 returned to the School for expenditures as authorized. Should the 11 need arise for a Title I Program budget amendment, the School 12 must resubmit the request on the approved Budget Appropriation 13 Details Form 30 days in advance of the need, and await signed 14 authorization by Title I Administration. 15 iv) Any equipment item purchased with Title I funds costing $1000 or 16 more, which is classified as Capitalized Audio Visual or 17 Equipment, remains the property of Title 1. This property must be 18 identified, labeled and made readily available for Title I property 19 audits. 20 v) If the School accepts Title I funds, at least one percent of the Title 21 I funds budget must be spent in support of parental involvement 22 activities. 23 vi) The Sponsor's Title I staff will provide technical assistance and 24 support in order to ensure that Title I guidelines are being followed 25 at the School and that students are meeting high content and 26 performance standards. 27 vii) All documentation, including, but not limited to, Title I 28 Accountability and Technical Assistance Team (A -TAT) School 29 Site Compliance documents, agendas, schedules, minutes, time 30 sheets, receipts, invoices, purchase orders, rosters, etc., must be 31 maintained at the School for a minimum of five years as evidence AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 30 of 74 I to validate the use of Title I school site allocations. 2 b) IDEA: Funding for services provided to students with disabilities in the 3 School will be provided in the same manner as for the Sponsor's other 4 public schools. 5 c) Federal Grants: Any eligible student enrolled in the School shall be 6 provided federal funds for the same level of service provided other eligible 7 students in the schools operated by the Sponsor. When a grantor requires 8 that the Sponsor serve as the fiscal agent for a grant, the School shall 9 comply with the following procedures: 10 i) prior to generating any paperwork to the funding agency, the 11 School shall notify Charter School Operations in writing of its 12 intent to submit a grant application; 13 ii) Charter School Operations will forward the written request, along 14 with the grant application guidelines, to Intergovernmental Affairs 15 and Grants Administration (IAGA); 16 iii) upon receipt of the written request, IAGA will prepare the grant 17 application procedures packet and timeline for the School; 18 iv) IAGA will process all application documents requiring the 19 Superintendent's signature; and 20 v) in accordance with the established timeline, the School will submit 21 the final application and the appropriate copies to Charter School 22 Operations for submission to IAGA for transmittal to the funding 23 agency. 24 vi) In the event any grantor requires the Sponsor to monitor and/or 25 review the School's expenditures pursuant to any grant the School 26 receives, the School shall comply within a reasonable time with 27 any and all additional reporting requirements or corrective action 28 prescribed by the grantor or Sponsor. If it is determined that a 29 reimbursement of grant funds is required due to an audit or other 30 investigation, the School is solely responsible for making the 31 reimbursement. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 31 of 74 I vii) In the event that the Sponsor must serve as fiscal agent, and 2 indirect costs are an allowable expense of the grant, the School 3 agrees that the Sponsor will be permitted to retain grant funds in an 4 amount equal to the annually negotiated indirect cost rate as 5 determined by the Florida Department of Education. Indirect costs 6 shall be reflected in the budget of the grant application submitted 7 by the School. 8 viii) If the Sponsor develops a District -wide grant, the School may be 9 included in the District proposal in accordance with the school 10 eligibility requirements and grant guidelines within the Request for 11 Proposals. 12 ix) When grant proposals are developed by the Sponsor's staff using 13 student or school counts that include the School's students, and the 14 grant is awarded to the Sponsor, the pro -rata share of the dollars or 15 services received from that grant shall be distributed to the School, 16 if eligible, as defined in the budget developed for the grant. 17 d) Other Funding Sources: The School may secure funding from private 18 institutions, corporations, businesses and /or individuals. 19 3) Charter School Capital Outlay Funds 20 a) Application: Procedures for submitting and approving requests for capital 21 outlay funding are incorporated into this Contract as Appendix K. 22 b) Distribution: The Sponsor shall make timely and efficient capital outlay 23 payment to the school upon receipt of all required supporting 24 documentation. The Sponsor shall not certify capital outlay plans if it 25 cannot attest to the School's eligibility. 26 B) Administrative Fee 27 1) Allowable Withholding: Any administrative fee withheld by the Sponsor shall 28 be limited to two percent (2 %) of available funds for the first 250 students as 29 defined in Fla. Stat. § 1002.33(20)(a) not including capital outlay funds, federal 30 and state grants, or any other funds, unless explicitly provided by law. 31 a) High Performing Charter School: For high - performing charter schools, as AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 32 of 74 I defined in § 1002.331, F.S., the Sponsor may withhold a total administrative fee 2 of up to 2 percent for enrollment up to and including 250 students per school. 3 b) High Performing Charter School System: For a high - performing charter 4 school system that also meets the requirements in §1002.33(20)(a)4, F. S., the 5 Sponsor may withhold a 2 percent administrative fee for enrollments up to and 6 including 500 students per system. 7 2) Capital Outlay: If the School has a population of 251 or more students, the 8 difference between the total administrative fee calculation and the amount of the 9 administrative fee withheld may be used for capital outlay purposes specified by 10 law. The Sponsor shall not withhold an administrative fee from capital outlay 11 funds unless explicitly authorized by law. 12 3) Sponsor Use of Administrative Fee: The administrative fee retained by the 13 Sponsor pursuant to this Contract includes, among other things, a fee for 14 academic and financial monitoring required of the Sponsor by law. At any time, 15 the Sponsor may request reports on school operations and student performance 16 and the School shall provide the reports in a timely manner. 17 4) Access to Optional Sponsor Services: Access by the School to services not 18 required by law, but available through the Sponsor, may be negotiated separately 19 by the parties. The Sponsor is not obligated to provide any services not required 20 by law. 21 5) Provision of School Lunches: The School shall be solely responsible for 22 providing school lunches and complying with state and federal reporting 23 requirements. The Sponsor shall provide services related to eligibility and 24 reporting under the federal free and reduced lunch program if requested by the 25 School. 26 C) Restriction on Charging Tuition: The school shall not charge tuition. 27 D) Allowable Student Fees 28 1) Use of Student Fees: The school shall not charge fees, except those fees 29 normally charged by the Sponsor or as allowed by law. Fees collected must be 30 allocated directly to, and spent only on, the activity or material for which the fee 31 is charged. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 33 of 74 1 2) Fee Schedule: At least 30 days prior to the beginning of each school year, the 2 School shall provide the Sponsor with a comprehensive fee schedule for the 3 school year. No funds shall be collected until the School has been given written 4 approval from the Sponsor. Additional fees shall not be imposed without the 5 notification and approval of the Sponsor. 6 3) Student Fee Documentation: The School shall maintain documentation 7 supporting the collection of the approved fee schedule which will be available for 8 the Sponsor to review. 9 E) Budget 10 1) Annual: The School shall provide reasonable proof of the ability to fund the 11 initial startup and the on -going operation of the School. By August 20 each year, 12 the City Manager shall provide to the Sponsor an updated annual budget for 13 review, based upon enrollment projections (Appendix L) and, for the initial year 14 of operation, a budget based upon minimum enrollment (F). Each budget shall 15 include projected sources of revenue, both public and private, and planned 16 expenditures covering the entire school year. 17 a) Governing Board Approval: The School's governing board shall adopt 18 and the City Manager shall maintain an annual balanced budget. 19 b) Submission Date: The school shall annually transmit to the Sponsor a 20 copy of the school's adopted budget on or before August 2e. 21 2) Amended Budget: The School shall provide a copy of the amended budget to the 22 Sponsor within ten (10) days of its approval by the School's governing board. 23 F) Financial Records, Reports and Monitoring 24 1) Maintenance of Financial Records: The School shall use the standard state 25 codification of accounts as contained in the DOE's Financial and Program Cost 26 Accounting and Reporting for Florida Schools (Red Book), as a means of 27 codifying all transactions pertaining to its operations. The accounting for federal, 28 state and local funds shall be maintained according to existing guidelines, 29 mandates, and practices, i.e., separate funds and bank accounts for federal, state, 30 and local funds as required under applicable statutes. The School's financial 31 activities and reports shall be subject to the Florida Department of Education AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 34 of 74 1 (DOE) Technical Assistance Paper No. 2009 -03, incorporated into this Contract 2 as Appendix M, as well as any subsequently issued directives by the State and 3 other applicable Governmental Accounting Standards. 4 2) Financial and Program Cost Accounting and Reporting: The school shall 5 conduct an annual cost accounting in a form and manner consistent with generally 6 accepted governmental accounting standards in Florida. 7 3) Financial Reports 8 a) Financial Reports: The school shall submit monthly financial statements 9 in the form prescribed by the Sponsor. Those charter schools designated 10 as high performing by the Commissioner of Education shall submit 11 quarterly financial statements within thirty (30) days of the end of each 12 quarter. 13 b) Annual Property Inventory: The School shall submit to the Sponsor a 14 cumulative listing of all property purchased with public funds, i.e., FEFP, 15 grant, and any other public - generated funds, excluding City of Aventura 16 funds, and a separate cumulative listing of all property purchased with 17 private funds and City funds with the annual audited financial statements. 18 These lists shall include: (1) date of purchase; (2) item purchased; (3) cost 19 of item; and (4) item location. 20 c) Program Cost Report: The school shall provide the Sponsor its annual 21 cost report in a form and manner consistent with generally accepted 22 governmental accounting standards in Florida by the date established by 23 the Sponsor. 24 d) Annual Financial Audit: An annual financial audit, required by § 218.39, 25 F.S., requested and paid for by the School, shall be performed by a 26 licensed Certified Public Accountant. The audit shall be performed in 27 accordance with Generally Accepted Auditing Standards; Government 28 Auditing Standards, issued by the Comptroller General of the United 29 States; and Chapter 10.850, Rules of the Auditor General, State of Florida, 30 incorporated into this Contract as Appendix N. The School shall provide 31 the Sponsor with eight (8) copies of the audit and the School's responses AVENTURA CITY OFEXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 35 of 74 I to the findings, which shall be bound together in one complete report. In 2 addition, two copies of the audit report must be submitted to the Auditor 3 General within forty-five (45) days after delivery of the audit report to the 4 School's governing body. The School shall provide the Sponsor with 5 annual financial reports including a management letter, as of June 30 of 6 each year for inclusion in the Sponsor's financial statements. These 7 reports shall include a complete set of annual financial statements and 8 accompanying notes, prepared in accordance with Generally Accepted 9 Accounting principles and reflecting the revenue sources and expenditures 10 by function and object in sufficient detail to allow for the Sponsor's 11 analysis of the School's ability to meet financial obligations and timely 12 repay debt. In addition, if the School is not part of a pre- existing non - 13 profit organization or municipality, the School's financial activities shall 14 be accounted for using the governmental accounting model applicable for 15 state and local governments and their component units, as per Government 16 Accounting Standards Board (GASB) statement 34. The following 17 timeline must be adhered to for submitting the School's financial reports: 18 UNAUDITED STATEMENTS: NO LATER THAN AUGUST 1 OF 19 EACH YEAR. 20 AUDITED STATEMENTS: NO LATER THAN SEPTEMBER 1 OF 21 EACH YEAR. No later than May 1 of each year, the Charter School shall 22 formally notify the Sponsor of the name, address and phone number of the 23 auditor engaged to perform the year end audit and documentation of the 24 auditor's current peer review. 25 e) Grant Reporting: The School shall submit quarterly Project 26 Disbursement Reports for each grant to the Sponsor, supported by 27 appropriate documents, including copies of invoices, timesheets, receipts, 28 etc., to determine that grant funds are used and programs are operated in 29 accordance with applicable federal and state statutes, rules, and 30 regulations. All grant recipients will also be subject to scheduled site visits 31 to review records and observe operations. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 36 of 74 I f) Form 990 (if applicable):The School shall operate as a department within 2 the City of Aventura, a governmental entity, and is subject to the non - 3 profit status and tax exempt status of a municipality. 4 4) School's Fiscal Year: The School's fiscal year shall be from July 1 through June 5 30. 6 5) Financial Recovery /Corrective Plan 7 a) If the School is found to be in a state of deteriorating financial condition 8 or meets one or more of the conditions in §218.503, F.S., Determination of 9 Financial Emergency, the City Manager and the Sponsor shall develop a 10 corrective action plan and file the plan with the Commissioner of 11 Education within 30 business days after notification is received in 12 accordance with §1002.345, F.S. If the City Manager and the sponsor are 13 unable to agree on a corrective action plan, the Commissioner of 14 Education shall determine the components of the plan. The governing 15 board shall approve and the City Manager shall implement the approved 16 plan. Failure on the part of the School to propose a good faith corrective 17 plan shall constitute a material breach of this contract and may result in 18 the Sponsor's withholding of subsequent payments to the School without 19 penalty of interest until the breach is cured. The Sponsor may also 20 terminate the contract. 21 b) As stated in §1002.345, F.S., the Sponsor may decide not to renew or may 22 terminate a charter if the charter school or charter technical career center 23 fails to correct the deficiencies noted in the corrective action plan within 1 24 year after being notified of the deficiencies or exhibits one or more 25 financial emergency conditions specified in §218.503, F.S. for two (2) 26 consecutive years. 27 6) Submission Process: The School shall submit all required financial statements 28 to the Sponsor in the timeline and format prescribed by the Sponsor and/or state. 29 Failure of the School to comply with the timely submission of all financial 30 statements in the required format specified by the Sponsor shall constitute a 31 material breach of this Contract and may result in the Sponsor's withholding of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 37 of 74 I subsequent payments to the School without penalty of interest and /or termination 2 of this Contract. 3 7) Additional Monitoring: The Sponsor reserves the right to perform additional 4 audits and investigations at its expense as part of the Sponsor's financial 5 monitoring responsibilities as it deems necessary. The School shall be responsible 6 for reimbursement of any unauthorized or misappropriated funds. 7 G) Financial Management of Schools 8 1) Financial Management and Oversight Responsibilities: The School shall 9 implement the financial management and oversight procedures, controls and 10 methods as described in Sections 18a -d of Application: Financial Management 11 and Oversight. 12 2) Taxes and Bonds: Pursuant to law, the School shall not levy taxes or issue bonds 13 secured by tax revenue except as within the specific authority of the City of 14 Aventura. 15 3) Additional Financial Requirements: The Sponsor may require the School to 16 comply with additional financial requirements mandated by the Florida 17 Department of Education. 18 4) Utilization of the Sponsor: The School shall not suggest or represent to third 19 parties, including, but not limited to, vendors, creditors, other business entities or 20 their representatives, governmental entities, or other individuals, that the Sponsor 21 will guarantee payment for any purchases made or debts incurred by the School, 22 nor shall the School represent that the Sponsor will guarantee payment for any 23 loans secured by the School, or that the Sponsor will lend its good faith and credit 24 in order for the School to obtain a loan or other forms of credit. 25 5) Bank Transfer Information: The City shall submit a Bank information form 26 which will provide all necessary information for the City's bank account where 27 payments from the Sponsor will be deposited. The bank account must be in the 28 legal name of the City, and the bank information form must be signed by the City 29 Manager. The Sponsor shall not send payments to a trust account or to any bank 30 account other than one held and controlled by the School. 31 H) Description of Internal Audit Procedure The School shall implement the financial AVENTURA CITY OFEXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 38 of 74 I controls and audit procedure described in the School's governing laws and rules, the 2 provisions of this Contract, and the School's approved application as described in 3 Sections 18a -d of application: Financial Management and Oversight. 4 SECTION 5: FACILITIES 5 A) Prior Notification 6 1) Deadline to Secure Facility: The School is owned by the City of Aventura. The 7 City's General Fund leases the school facilities to the City's Charter School Fund. 8 A copy of the lease shall be available to the Sponsor at least thirty (30) calendar 9 days before the initial opening day of classes. 10 2) Deadline to submit zoning approvals and Certificate of Occupancy: The 11 School shall annually obtain, for any owned or leased facility used to house the 12 School, all permanent and temporary licenses, permits, use approval, facility 13 certification, and any other approvals required by the local government or any 14 other governmental bodies having jurisdiction by at least thirty (30) calendar days 15 prior to the opening day of classes. The Sponsor shall terminate this Contract with 16 no compensation to the School, if the School fails to obtain all permanent and 17 temporary licenses, permits, use approval, facility certification, and any other 18 approvals required by the local government or any other governmental bodies 19 having jurisdiction by at least thirty (30) calendar days prior to the opening day of 20 classes. 21 3) Facility Inspections: The School shall deliver to the Sponsor copies of any and 22 all facility inspections performed at any time by local governments or any other 23 governmental bodies having jurisdiction within 14 calendar days of the date of the 24 inspection, citation or notices of violations. Subsequent written proof of 25 compliance with any violations arising from such inspections, citations or notices 26 of violations, shall also be delivered to the Sponsor within fourteen (14) calendar 27 days. 28 4) District Inspection of Facility: The Sponsor may inspect the School facilities at 29 any time during the school year to ensure compliance with all applicable state 30 laws and building and zoning requirements. 31 B) Compliance with Building and Zoning /Requirements AVENTURA CITY OFEXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 39 of 74 1 1) Florida Building Code: The School shall use facilities that comply with the 2 Florida Building Code, pursuant to Chapter 553, including State Requirements for 3 Educational Facilities (SREF). 4 2) Florida Fire Prevention Code: The School shall use facilities that comply with 5 the Florida Fire Prevention Code. 6 3) Applicable Laws: The School shall comply with all applicable laws, ordinances, 7 and codes of federal, state, and local governance, including the IDEA, the ADA, 8 and section 504 of the Rehabilitation Act. The School shall obtain all necessary 9 licenses, permits, zoning, use approval, facility certification, and other approvals 10 required for use and continued occupancy of the facility as required by the local 11 government or other governmental agencies, and copies shall be provided to the 12 Sponsor. 13 a) The School's operation shall be subject to necessary local government 14 approvals including site plan approval pursuant to §1013.33, F.S., and if 15 applicable, review of traffic studies /analysis. The School may also be 16 required by the local government to provide amenities to ensure safe 17 access to children/pedestrians walking to the School. Zoning or other land 18 use development orders approving the School use, if issued by the local 19 government entity having jurisdiction over the area where the School 20 property is located, shall satisfy the review requirements of §1013.33, 21 F.S. 22 b) The School shall be responsible for all costs for, or associated with, 23 complying with local ordinances, securing licenses, permits, zoning, use 24 approval, facility certification, and other approvals, including, but not 25 limited to, application fees, advertising costs, surveyor costs, plan review 26 fees, permit costs and licensing costs, traffic analyses /studies, and any 27 other additional charges or surcharges by the local government or other 28 governmental agencies. 29 c) At all times, the School shall display a valid and current Certificate of 30 Occupancy, and other certificates required by building and fire 31 enforcement authorities, health and sanitation enforcement authorities and AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 40 of 74 I all other applicable enforcement agencies. 2 d) If the School fails to maintain valid licenses, permits, use approval, 3 facility certification, and any other approvals as required by the local 4 government or any other governmental bodies having jurisdiction at any 5 time during the term of this Contract, the Sponsor may withhold all 6 subsequent payments, without penalty of interest, to the School until 7 required permits, use approval, or facility certifications are obtained 8 and /or may terminate this contract. 9 4) Capacity of Facilities 10 a) The School shall not allow the enrollment at any time to exceed the 11 number of students permitted by zoning capacity, certificates of use and /or 12 occupancy, applicable laws and regulations. If the school is sharing a 13 facility with another entity -- The School shares the facilities with the 14 following school(s): N /A. At no time will the combined total enrollment 15 of all of the charters sharing any such facility exceed the CO and CU 16 capacities of the facility. If the School moves out of a shared facility, the 17 School must provide an audit of all equipment, educational materials, 18 supplies, curriculum materials and other items purchased with federal 19 grant funds and such items must be transferred to the School's new 20 location. 21 b) Any change to the official capacity should be reported, in writing with 22 appropriate supporting documentation, within 30 days of change. 23 5) Leased facilities: The School is owned by the City of Aventura. The City's 24 General Fund leases the school facilities to the City's Charter School Fund. A 25 copy of the lease shall be available to the Sponsor at least thirty (30) calendar 26 days before the initial opening day of classes. The lease shall be signed by the 27 City Manager. Emergencies: In unforeseen circumstances or emergencies, if the 28 facility is damaged or unable to safely house students /personnel, the School must 29 notify the Sponsor, immediately, and secure an alternative location to ensure no 30 interruption in instruction. The alternative location shall be subject to all facility 31 requirements indicated in this section. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 41 of 74 I C) Location 2 1) School's Street Address: The School will be located at 3333 N.E. 188th Street, 3 Aventura, Florida 33180; Folio No. 28- 2203 - 000 -0290. 4 2) Temporary Facility (if applicable): The School will be housed at a temporary 5 facility located at N/A from N/A to N /A. Thereafter, the School will be located at 6 the address indicated in paragraph 1 above. 7 3) Relocation: The school shall not change or add facilities except playfields that 8 may be adjacent to the school or locations at any time during the term of this 9 Contract without prior approval of the Sponsor through the Contract amendment 10 process. Violation of this provision constitutes a unilateral amendment or 11 modification of this Contract and good cause for termination. 12 4) Additional Campuses or Facilities, if applicable. N/A 13 D) Prohibition to Affix Religious Symbols: The School shall not display any religious or 14 partisan political symbols, statues, artifacts, etc., on or about the property and facilities 15 where the School will operate. 16 17 SECTION 6: TRANSPORTATION 18 A) Cooperation Between Sponsor and School: The School shall provide transportation to 19 the School's students consistent with the requirements of Part L E. of Chapter 1006, 20 Florida Statutes. The School may provide transportation through an agreement or 21 contract with a private provider or parents. 22 B) Reasonable Distance: The School shall provide transportation for students beyond a 23 reasonable distance from the School as provided by law. 24 C) Compliance with Safety Requirements: Private providers must be approved by the 25 Sponsor and comply with all applicable state and Sponsor's vehicle inspection and driver 26 certification requirements. 27 D) Fees: The School may not charge a fee for transportation to which the student is entitled 28 pursuant to state law. The School shall reimburse parents for parent - provided 29 transportation costs if the student is legally entitled to transportation. 30 E) Private Transportation Agreement: The School will provide the Sponsor the name of 31 the private transportation provider and a copy of the signed transportation contract at AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 42 of 74 I least ten (10) working days prior to the opening day of classes. 2 F) Reimbursement for School Provided Transportation: The rate of reimbursement to 3 the School will be equivalent to the reimbursement rate provided by the State for all 4 eligible transported students within the school district. 5 SECTION 7: INSURANCE AND INDEMNIFICATION 6 A) Indemnification of Sponsor 7 8 1) Indemnification for Professional Liability: The duty to indemnify for 9 professional liability as insured by the School Leaders Errors and Omissions 10 Liability Policy described in this Contract will continue in full force and effect 11 notwithstanding the expiration or early termination of this Contract with respect 12 to any claims based on facts or conditions which occurred prior to termination. In 13 no way shall the School Leader's Errors and Omissions Liability Policy's three 14 (3) year limitation on post- termination claims of professional liability impair the 15 Sponsor's claims to indemnification with respect to a claim for which the School 16 is insured or for which the School should have been insured under Commercial 17 General Liability Insurance. In addition, the School shall indemnify, defend, and 18 protect and hold the Sponsor harmless against all claims and actions brought 19 against the Sponsor by reason of any actual or alleged infringement of patent or 20 other proprietary rights in any material, process, machine or appliance used by the 21 School. 22 2) Notification of Third Party Claim, Demand, or Other Action: The School 23 shall notify the Sponsor of the existence of any third parry claim, demand or other 24 action giving rise to a claim for indemnification under this provision (a "third - 25 party claim ") and shall give each other a reasonable opportunity to defend the 26 same at its own expense and with its own counsel, provided that the Sponsor shall 27 at all times have the right to participate in such defense at its own expense. If, 28 within a reasonable amount of time after receipt of notice of a third -parry claim, 29 the School shall fail to undertake to defend, the other party shall have the right, 30 but not the obligation, to defend and to compromise or settle (exercising 31 reasonable business judgment) the third -party claim for the account and at the risk AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 43 of 74 I and expense of the School, which the School agrees to assume. The School or the 2 Sponsor shall make available to each other, at their expense, such information and 3 assistance as each shall request in connection with the defense of a third -party 4 claim. 5 3) Indemnity Obligations: The School's indemnity obligations under this provision 6 and elsewhere in the Contract shall survive the expiration or termination of this 7 Contract. 8 B) Indemnification of School 9 The School shall not be obligated to indemnify the Sponsor against claims, damages, to expenses or liabilities to the extent these may result from the negligence of the Sponsor, 11 its directors, officers, employees, and subcontractors. 12 Q Sovereign Immunity 13 The School, to the extent immunity may be waived pursuant to §768.28, F.S., agrees to 14 indemnify, defend with competent counsel, and hold the Sponsor, its members, officers, 15 and agents, harmless from any and all claims, actions, costs, expenses, damages, and 16 liabilities, including reasonable attorney's fees, arising out of, connected with or resulting 17 from: (a) the negligence of the School's employees, contractors, subcontractors, or other 18 agents in connection with and arising out of their services within the scope of this 19 Contract; (b) disciplinary action or the termination of a School employee; (c) the debts 20 accrued by the School and /or non - payment of same; (d) the School's material breach of 21 this Contract or violation of law; (e) any failure by the School to pay its suppliers or any 22 subcontractors; or (f) personal injury, property damage, or violations of civil rights that 23 may arise out of, or by reason of actions of the School and/or its employees, agents, and 24 representatives. 25 D) Acceptable Insurers 26 1) Acceptable Insurance Providers: Insurance providers must be authorized by 27 subsisting certificates of authority by the Department of Financial Services of the 28 State of Florida, or (II) an eligible surplus lines insurer under Florida Statutes. In 29 addition, the insurer must have a Best's Rating of "A" or better and a Financial 30 Size Category of "VI" or better, according to the latest edition of Best's Key 31 Rating Guide, published by A.M. Best Company. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 44 of 74 1 2) Insurance Provider Compliance: If, during this period when an insurer is 2 providing the insurance as required by this Contract, an insurer fails to comply 3 with the foregoing minimum requirements, as soon as the School has knowledge 4 of any such failure the School shall immediately notify the Sponsor and promptly 5 replace the insurance with insurance provided by another insurer meeting the 6 requirements. Such replacement insurance coverage must be obtained within 7 twenty (20) days of cancellation or lapse of coverage. 8 3) Minimum Insurance Requirements: Without limiting any of the other 9 obligations or liabilities of the School, the School shall, at the School's sole 10 expense, procure, maintain and keep in force the amounts and types of insurance 11 conforming to the minimum requirements set forth in this Contract. Except as 12 otherwise specified in this Contract, the insurance shall commence prior to the 13 commencement of the opening of the School and shall be maintained in force, 14 without interruption, until this Contract is terminated. 15 E) Commercial and General Liability Insurance 16 1) Liabilities Required: School's insurance shall cover the School for those sources 17 of liability (including, without limitation, coverage for operations, 18 Products /Completed Operations, independent contractors, and liability 19 contractually assumed) which would be covered by the latest occurrence form 20 edition of the standard Commercial General Liability Coverage Form (ISO Form 21 CG 00 01), as filed for use in the State of Florida by the Insurance Services 22 Office. 23 2) Minimum Limits: The minimum limits to be maintained by the School (inclusive 24 of any amounts provided by an umbrella or excess policy) shall be $1 million per 25 occurrence /$3 million annual aggregate. 26 3) Deductible/Retention: Except with respect to coverage for Property Damage 27 Liability, the Commercial General Liability coverage shall apply on a first- dollar 28 basis without application of any deductible or self - insured retention. 29 4) Occurrence /Claims: The coverage for Property Damage Liability may be subject 30 to a maximum deductible of $1,000 per occurrence. 31 5) Additional Insureds: The School shall include the Sponsor and its members, AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 45 of 74 I officers, and employees as Additional Insured on the required Commercial 2 General Liability Insurance. The coverage afforded such Additional Insured shall 3 be no more restrictive than that which would be afforded by adding the Sponsor 4 as Additional Insured using the latest Additional Insured - Owners, Lessees or 5 Contractors (Form B) Endorsement (ISO Form CG 20 10). The certificate of 6 insurance shall be clearly marked to reflect "The Sponsor (The School Board of 7 Miami -Dade County, Florida), its members, officers, employees, and agents as 8 Additional Insured." 9 F) Automobile Liability Insurance 10 1) Coverage: The School's insurance shall cover the School for those sources of 11 liability which would be covered by Section 11 of the latest occurrence edition of 12 the standard Business Auto Policy (ISO Form CA 00 01), including coverage for 13 liability contractually assumed, as filed for use in the State of Florida by the 14 Insurance Services Office. Coverage shall be included on all owned, non - owned, 15 and hired autos used in connection with this Contract. 16 2) Occurrence /Claims and Minimum Limits: The minimum limits to be 17 maintained by the School (inclusive of any amounts provided by an umbrella or 18 excess policy) shall be $1 million per occurrence, and if subject to an annual 19 aggregate, $3 million annual aggregate. 20 G) Workers' Compensation/Employers' Liability Insurance 21 1) Coverage: The School's insurance shall cover the School (and to the extent its 22 subcontractors and its sub - subcontractors are not otherwise insured) for those 23 sources of liability which would be covered by the latest edition of the standard 24 Workers' Compensation Policy, as filed for use in Florida by the National 25 Council on Compensation Insurance, without restrictive endorsements. In 26 addition to coverage for the Florida Workers' Compensation Act, where 27 appropriate, coverage is to be included for the Federal Employers' Liability Act 28 and any other applicable federal or state law. 29 2) Minimum Limits: Subject to the restrictions found in the standard Workers' 30 Compensation Policy, there shall be no maximum limit on the amount of 31 coverage for liability imposed by the Florida Workers' Compensation Act or any AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 46 of 74 I other coverage customarily insured under Part One of the standard Workers' 2 Compensation Policy. The minimum amount of coverage for those coverages 3 customarily insured under Part Two of the standard Workers' Compensation 4 Policy shall be: EL Each Accident: $500,000; EL Disease - Policy Limit: 5 $500,000; EL Disease -Each Employee: $500,000. 6 H) School Leader's Errors and Omissions Liability Insurance 7 1) Form of coverage: The School shall provide School Leader's Errors and 8 Omissions Liability Insurance shall be on a form acceptable to the Sponsor and 9 shall cover the School for those sources of liability typically insured by School 10 Leader's Errors and Omissions Liability Insurance, arising out of the rendering or 11 failure to render professional services in the performance of this Contract, 12 including all provisions of indemnification, which are part of this Contract. 13 2) Coverage Limits: The minimum limits to be maintained by the School inclusive 14 of any amounts provided by an umbrella or excess policy, shall be $1 million per 15 claim/annual aggregate. 16 3) Occurrence /Claims: The insurance shall be subject to a maximum deductible not 17 to exceed $25,000 per claim. If the insurance is on a claims -made basis, the 18 School shall maintain, without interruption, the Professional Liability Insurance 19 until three (3) years after termination of this Contract. 20 I) Property Insurance 21 1) Structure Requirements: If the School is the owner and /or has a mortgage on 22 the school site location, the School shall furnish on a form acceptable to the 23 Sponsor, Property Insurance for the "Building" which is to include the structure 24 as described in this Contract, including permanently installed fixtures, machinery 25 and equipment, outdoor fixtures, and personal property to service the premises. If 26 the Building is under construction, the School shall provide evidence of property 27 insurance for the additions under construction and alterations, repairs, including 28 materials, equipment, supplies, and temporary structures within 100 feet of the 29 premises. 30 2) Additional Requirements: In addition, the School shall provide evidence of 31 business personal property coverage to include furniture, fixtures, equipment, and AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — ThirdAmendment to the Standard Contractual Agreement June 13, 2012 Page 47 of 74 I machinery used in the School. 2 3) Business Personal Property Insurance: If the School leases the site location, 3 then the School shall provide on a form acceptable to the Sponsor no later than 4 thirty (30) calendar days prior to the opening of school, evidence of business 5 personal property insurance, to include furniture, fixtures, equipment and 6 machinery used in the School. 7 J) Applicable to All Coverage 8 1) Other Coverage: The insurance provided by the School shall apply on a primary 9 basis and any other insurance or self - insurance maintained by the Sponsor or its 10 members, officers, employees or agents, shall be in excess of the insurance 11 provided by or on behalf of the School. 12 2) Deductibles/Retention: Except as otherwise specified, the insurance maintained 13 by the School shall apply on a first- dollar basis without application of deductible 14 or self - insurance retention. 15 3) Liability and Remedies: Compliance with the insurance requirements of this 16 Contract shall not limit the liability of the School, its subcontractors, its 17 sub - subcontractors, its employees or its agents to the Sponsor or others. Any 18 remedy provided to the Sponsor or its members, officers, employees or agents by 19 the insurance shall be in addition to and not in lieu of any other remedy available 20 under the Contract or otherwise. 21 4) Subcontractors: The school shall require its subcontractors and its sub - 22 subcontractors to maintain any and all insurance required by law. 23 5) Default Upon Non - Compliance: Failure to comply with this section or to 24 maintain the requisite insurance coverage shall constitute a material breach of this 25 Contract and constitute good cause for termination. 26 SECTION 8: GOVERNANCE 27 A) Public or Private Employer: The School shall be a private employer. If the School 28 elects to be a public employer, the School may participate in the Florida Retirement 29 System upon application and approval as a "covered group" under Fla. Stat. § 30 121.021(34). If a charter school participates in the Florida Retirement System, the charter 31 school employees shall be compulsory members of the Florida Retirement System. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 48 of 74 1 Teachers and other staff on approved charter school leave from the Sponsor will be 2 considered employees of the School and will not be covered by the contract between the 3 United Teachers of Dade (UTD) and M -DCPS. 4 B) Governing Board Responsibilities 5 1) Organizational Composition:The seven member, duly elected representatives of 6 The City of Aventura Commission, will serve as the School's Board of Directors 7 (Board). The primary responsibility of the Board is to lead in the identification 8 and development of broad goals and specific objectives to be accomplished by the 9 School. The Board supports these goals and objectives by annually adopting and 10 operating budget. 11 2) School Operations: The Board will oversee the City Manager who will be 12 responsible for the day -to -day operations of the school and exercise continuing 13 oversight over the School's operations. The City's agreement with the education 14 management company shall ensure that all the provisions herein and in the 15 application attached hereto as Appendix A shall be enforced. 16 3) Accountability: The School will be held accountable to its students, 17 parents /guardians, and the community at large, through a continuous cycle of 18 planning, evaluation, and reporting as required by law. 19 4) School Policy and Decision Making: The City Manager, pursuant to Resolution 20 No. 2003 -45 and the Municipal Charter of the City of Aventura, in consultation 21 with School staff, shall be responsible for all policy decision making of the 22 School, including creating /adjusting the curriculum and developing and adopting 23 an annual budget. 24 5) School Employee Supervision: The Principal shall be an employee of the City 25 and shall be directly supervised by the City Manager. The City may employ other 26 key personnel of the School who shall be directly supervised by the Principal. The 27 teachers, support staff, and contractual staff will be directly supervised by the 28 Principal or the education management company, as applicable. 29 6) Educational Excellence School Advisory Council: The School shall establish 30 an Educational Excellence School Advisory Council ( EESAC) pursuant to state 31 law. The School shall establish EESAC by -laws; define the membership; develop AVENTURA CITY OFEXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 49 of 74 I election procedures; and post all meeting agendas and minutes pursuant to § 2 286.011, F.S. Notices of all EESAC meetings must be posted at the School, at the 3 location of the meeting, and at the M -DCPS Citizen Information Center at least 4 five (5) days prior to the meeting. Additionally, all bylaws and minutes must be 5 posted using the M -DCPS website and adhere to timelines established by the 6 Sponsor and EESAC bylaws. 7 7) A School Advisory Board (SAB) will be established to facilitate achievement 8 of the mission of the School, and to ensure that the School meets the needs of 9 the and community it is developed to serve. School Fiscal Agent: The School 10 shall be involved from the inception in administrative functions, pursuant to such 11 rules and policies as are developed by the City Manager consistent with the 12 standards for other public schools. 13 8) Eligible Members of the Governing Body: No employee of the School may be a 14 member of the governing body. 15 9) Governing Board Compensation: No member of the School's governing board 16 shall receive compensation, directly or indirectly, from the School's operations, 17 including but not limited to grant funds. Violation of this provision shall 18 constitute a material breach of the Contract and good cause for termination. 19 10) School/Parent Contract: The School agrees to submit any Parent Contracts to 20 the Sponsor for approval. Any amendments to the Parental Contract shall be 21 submitted in advance to the Sponsor for approval. The School shall not use the 22 Parent Contract to discriminate, involuntarily withdraw, or create a financial 23 burden or any other barrier to enrollment. At a minimum, all communication to 24 parents, including Parent Contracts, shall be provided in English, Spanish and 25 Haitian - Creole, as appropriate. Attached, as Q, is the School's Parent Contract. 26 11) Governing Board Reporting: The City Manager representing the Governing 27 Board shall periodically report the School's academic progress to all stakeholders. 28 12) Governance Training: Pursuant to state law, the School's governing board 29 members shall participate in charter school governance training facilitated by an 30 approved Florida Department of Education vendor. 31 13) Employment of Relatives: The School and its employees shall comply with state AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 50 of 74 I law prohibiting the employment of relatives which prohibits the appointment, 2 employment, promotion, or advancement, or the advocacy for appointment, 3 employment, promotion, or advancement in or to a position in the charter school 4 in which the personnel are serving or over which the personnel exercises 5 jurisdiction or control of an individual who is a relative. 6 C) Public Records: The School shall comply with Ch. 119, F.S., (the Public Records Act), 7 and all other applicable statutes pertaining to public records. 8 D) Reasonable Access to Records by Sponsor: The School shall provide the Sponsor 9 access to public records, at no cost, related to the governing board. Failure to provide 10 such access will constitute a material breach of this Contract and good cause for 11 termination. 12 E) Sunshine Law: The School's governing board meetings shall take place locally and in a 13 physical location and facility that is easily accessible to the School's parents, students 14 and employees, be publicized in advance to the school community and be open to the 15 public pursuant to §286.011, F.S., (the Sunshine Law): Parents /guardians shall be 16 encouraged to attend. Notification shall be available in languages other than English, 17 where appropriate, e.g., Spanish, and Haitian - Creole. 18 F) Reasonable Notice of Governing Board Meetings 19 1) Notice of Governing Board Meetings: The school shall publish on the School's 20 website a schedule of all governing board meetings for the school year including 21 the date, time and location of meetings. By July 15 annually, the school shall 22 provide the Sponsor the annual schedule of governing board meetings. The school 23 shall provide reasonable notice to the sponsor of any changes or cancellation of 24 scheduled meetings. 25 2) Governing Board Meeting Requirements: For those schools that are in their 26 first year of operation or who have been declared to be in a state of financial 27 emergency, and /or who have been designated as a Correct II (School Grade F) or 28 a Prevent II (School Grade D), the governing board shall meet at least monthly. 29 The governing boards for schools that do not meet any of the above criteria shall 30 meet no less than two times per year The meetings must be noticed, open, and 31 accessible to the public and attendees must be provided the opportunity to receive AVENTURA CITY OFEXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 51 of 74 I information and provide input regarding the School's operations. The City 2 Manager and charter school principal or director, or his or her equivalent, must be 3 physically present at each meeting. 4 G) Identification of Governing Board Members 5 1) Governing Board Member Eligibility and Clearance: The School's governing 6 board members shall be fingerprinted by the Sponsor prior to the approval of the 7 School's Contract. New members elected to the governing board after the 8 approval of the School's Contract must be fingerprinted within thirty (30) days of 9 their appointment. The cost of fingerprinting shall be borne by the School or the 10 governing board member. Commission members whose fingerprint check results 11 reveal non - compliance with standards of good moral character shall not be 12 eligible to serve on the governing board. Any change in governing board 13 membership must be reported to the Sponsor in writing within 48 hours of the 14 change. Any violation of this provision will result in the withholding of FTE 15 payments, without interest, until the violation is cured and constitutes good cause 16 for termination. 17 SECTION 9: EDUCATION SERVICE PROVIDER 18 A) Education Service Provider Agreement 19 1) School Use of ESP Services 20 a) The contract between the School and the education service provider/ 21 management company (ESP) shall require that the ESP operate the School 22 in accordance with the terms stipulated in this Contract and all applicable 23 laws, ordinances, rules, and regulations. The contract between the School 24 and the ESP shall allow the School the ability to terminate the contract 25 with the ESP. 26 b) Neither employees of the ESP nor members of the management 27 company's employees' families, as defined in School Board Policy, 0100, 28 Definitions, shall sit on the School's governing board or serve as officers 29 of the Corporation. 30 c) The Principal shall be employed by the City and evaluated by the City 31 Manager. The Principal shall not own, operate, or serve as an officer of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 52 of 74 I the management company that serves the School. 2 d) The contract between the ESP and the City shall ensure that an "arms - 3 length," performance -based relationship exists between the City and the 4 ESP. 5 e) The contract between the City and the management company shall require 6 that the management company disclose to the School and the Sponsor, any 7 affiliations with individuals or entities (e.g. lessors, vendors, consultants, 8 etc.) doing business with the School. 9 f) The contract shall obligate the School to pay the ESP a reasonable, 10 specific fee for services. 11 g) Any default or breach of the terms of this Contract by the management 12 company shall constitute a default or breach by the School under the terms 13 of the Contract between the School and Sponsor. 14 2) Submission of ESP Agreement: The contract between the management company 15 and the City shall be submitted to the Sponsor prior to the approval of the 16 School's Contract, or at the time an ESP is contracted. 17 3) Amendments to ESP contract: All proposed amendments to the contract 18 between the management company and the City shall be submitted in advance to 19 the Sponsor for review. A copy of the amended management agreement shall be 20 provided to the Sponsor within five (5) days of execution. 21 4) ESP Contract Amendments: If the City and the ESP amend their contract in a 22 manner that results in a material change to the charter, this Contract will require 23 modification through the contract amendment process. 24 5) Change of ESP: If the School changes ESP companies, Contract modification 25 may be required. 26 SECTION 10: HUMAN RESOURCES 27 A) Hiring Practices: The School shall implement the plan, policies and procedures 28 including how the School will determine whether any potential employees are related to 29 ESP owners or employees or to governing board members, as described in Section 12 of 30 the application: Human Resources. The Governing Board of the charter school, through 31 its City Manager pursuant to Resolution No. 2003 -45 and the Municipal Charter of The AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 53 of 74 I City of Aventura, will employ qualified, professional staff, contract with qualified 2 entities for administrative, management and /or educational services; and /or utilize the 3 services of a professional education management company for all the daily operations of 4 the School. The principal and other key personnel shall be employees of the City. An 5 education management company or other qualified entity will be the actual employer of 6 the School staff. All employees of the School will receive benefits including health, 7 retirement and all other benefits prescribed by Federal and State Labor Law. City 8 employees shall be hired pursuant to the personnel policies and procedures of the City. 9 City employees shall be hired pursuant to the personnel policies and procedures of the 10 City. The School shall contract with the education management company or qualified 11 entity to hire all other School employees, and shall submit annually to the Sponsor its 12 written strategies used to recruit, hire, train, and retain qualified staff. The School agrees 13 that its employment practices shall be nonsectarian pursuant to Fla. Stat. § 1002.33(9)(a). 14 1) Reporting Staffing Changes: The School shall provide the Sponsor with the 15 names and social security numbers of all applicants the School is interested in 16 employing. The School shall provide the Sponsor copies of monthly payroll 17 rosters as directed. The payroll rosters shall indicate the payroll period, hire date 18 of employee, the number of days that each individual was paid for, and the daily 19 rate of each salary or the total amount paid to each individual during that period. 20 Failure to provide this information in a timely manner may result in withholding 21 of FTE payments until the information is provided and shall constitute a breach of 22 this Contract and good cause to terminate the Contract. The parties agree that the 23 School will use the Sponsor's specifically- designed charter school employee 24 management system and procedures for processing staff information. The Sponsor 25 shall provide appropriate training to School personnel on the use of the electronic 26 reporting facility. 27 2) Non - Discriminatory Employment Practices: The City and the school shall 28 provide equal opportunity in employment, in accordance with Title VII and the 29 Sponsor's antidiscrimination rules and policies. 30 3) Teacher Certification and Highly Qualified: All instructional staff, including 31 substitutes and paraprofessionals, employed by or under contract to the School AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 54 of 74 I shall be certified as required by Ch. 1012, F.S.,, and shall meet all requirements 2 for highly qualified instructional personnel as defined by NCLB. The School may 3 employ or contract with skilled selected non - certified personnel to provide 4 instructional services or to assist instructional staff members as education 5 paraprofessionals in the same manner as defined in Chapter 1012. Staff 6 resumes /biographies shall be available to parents /guardians and community 7 members upon request. The School shall provide continuing professional 8 development programs for its teachers. 9 a) The School shall not employ an individual for instructional services if the 10 individual's certification or licensure as an educator is suspended or 11 revoked by this or any other state. The School shall monitor teacher 12 certification and ensure that teachers maintain their certification current at 13 all times. Temporary instructors employed by the School must have a 14 current substitute teaching certificate issued by the Sponsor. 15 b) The School shall not employ an individual who has resigned in lieu of 16 disciplinary action or who has been dismissed by any school district. 17 c) For blended - learning programs, instructional personnel may be employees 18 of the charter school or may be contracted to provide instructional 19 services. At a minimum, the instructional personnel must hold state 20 certification as required by §1012.55, F.S., or school district adjunct 21 certification under §1012.57, F.S., for the subject area of the blended 22 learning course. 23 4) Fingerprinting and Background Screening 24 a) Pursuant to § §1012.32(2)(a), 1012.465, and 435.04, F.S., and School 25 Board Policy 1121.01, Employment Standards and Fingerprinting, as well 26 as 2005 HB 1877, the Jessica Lunsford Act, the School shall fingerprint 27 for level 2 screening of all applicants, for instructional and non - 28 instructional positions, that the School is interested in employing. 29 Additionally, the School agrees that each of its employees, 30 representatives, agents, subcontractors, or suppliers who are permitted 31 access on school grounds when students are present, who have direct AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — ThirdAmendment to the Standard Contractual Agreement June 13, 2012 Page 55 of 74 I contact with students or who have access to or control of school funds 2 must meet level 2 screening requirements as described in §§ 1012.32 and 3 435.04, F.S. 4 b) The Sponsor shall perform the processing of each applicant's fingerprints. 5 The School or the applicant shall bear any and all costs associated with the 6 required fingerprinting and level 2 background screening. 7 c) The School shall not hire School employees prior to the Sponsor's receipt 8 and review of the fingerprinting and level 2 background screening results 9 of the charter school applicants from the Florida Department of Law 10 Enforcement and the Federal Bureau of Investigation. Potential School 11 employees shall submit official court dispositions for criminal offenses of 12 moral turpitude listed as part of their fingerprint results. The School shall 13 not hire applicants whose fingerprint check and level 2 screening results 14 reveal non - compliance with standards of good moral character. 15 Noncompliance may result in withholding of FTE payments, without 16 interest, and shall constitute good cause to terminate this contract. 17 d) The School shall conduct general drug screening on all applicants for 18 instructional and non - instructional positions, including contracted 19 personnel, pursuant to the Sponsor's School Board Policy 1124, Drug - 20 Free Workplace, and the Miami -Dade County Public Schools' Drug -Free 21 Workplace General Policy Statement (Appendix R). A negative drug 22 screening result shall be a requirement and prerequisite for employment. 23 The cost of drug screening shall be borne by the School or the applicant. 24 B) Employment Practices 25 1) Statutory Prohibition and Required Disclosure regarding Hiring of 26 Relatives: The School and its employees shall comply with state law prohibiting 27 the employment of relatives which prohibits the appointment, employment, 28 promotion, or advancement, or the advocacy for appointment, employment, 29 promotion, or advancement in or to a position in the charter school in which the 30 personnel are serving or over which the personnel exercises jurisdiction or control 31 of an individual who is a relative. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 56 of 74 1 2) Self- Reporting of Arrests: The School shall require all instructional employees 2 who hold Department of Education teaching certificates to self -report within 48 3 hours to appropriate authorities any arrest and final dispositions of such arrest 4 other than minor traffic violations. 5 3) Standards of Behavior: The School shall require employees to adhere to School 6 Board Policy 3210, Standards of Ethical Conduct, and School Board 3271, 7 Weapons, prohibiting employees from bringing firearms onto School property. 8 The School shall be responsible for the investigation and discipline of any School 9 employee who may be in violation of these Rules. 10 4) Code of Ethics: The School shall require that its employees abide by the Florida 11 Code of Ethics of the Education Profession in Florida, and Principles of 12 Professional Conduct for the Education Profession in Florida (Appendix S). The 13 School shall be responsible for the investigation and discipline of any School 14 employee who may be in violation of these regulations. 15 5) Personnel Policy: The School shall comply with its policy for selecting and 16 employing personnel (Appendix T). 17 6) Collective Bargaining: School employees shall have the option to bargain 18 collectively and may collectively bargain as a separate unit or as part of the 19 existing School District collective bargaining unit as determined by the structure 20 of the School. 21 7) Immigration Status: The School shall employ only individuals legally 22 authorized to work in the United States pursuant to federal immigration laws and 23 USCIS regulations. 24 8) Employee Discipline: The School shall discipline its employees pursuant to state 25 law and rules and any applicable federal laws. The School shall apply thorough, 26 consistent, and even - handed procedures in disciplinary actions. Terminated 27 employees are entitled to receive compensation for the time they have been 28 employed. 29 9) Employee Evaluation: The School shall annually evaluate all instructional 30 employees pursuant to state law. 31 C) Sponsor Training of School's Employees AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 57 of 74 1 1) Participation and Cost for Training Activities 2 a) Participation in federally funded training: The Sponsor shall provide 3 federally funded professional development activities to school employees 4 at no cost to the School. 5 b) Participation in non - federally funded training: The Sponsor shall 6 provide professional development activities to school employees on a 7 space available basis. The School shall pay all additional costs associated 8 with such activities and the same rates and reimbursement calculations 9 currently charged to the sponsor. 10 11 SECTION 11: REQUIRED REPORTS/DOCUMENTS 12 The School shall provide all required reports and documents as specified in Appendix U. The 13 Sponsor may require the School to provide additional reports and/or documents if necessary. 14 SECTION 12: MISCELLANEOUS PROVISIONS 15 A) Impossibility: Neither party shall be considered in default of this Contract if the 16 performance of any section or all of this Contract is prevented, delayed, hindered or 17 otherwise made impracticable or impossible by reason of any strike, flood, hurricane, 18 riot, fire, explosion, war, act of God, sabotage, accident or any other casualty or cause 19 beyond either party's control, and which cannot be overcome by reasonable diligence and 20 without extraordinary expense. 21 B) Notice of Claim 22 1) Time to Submit: At least thirty (30) days prior to the initial opening day of 23 classes, the School shall furnish the Sponsor with fully completed Certificate(s) 24 of Insurance signed by an authorized representative of the insurer(s) providing all 25 required coverage. 26 2) Notification of Cancellation: The School shall notify the Sponsor in writing of 27 cancellation of insurance within ten (10) days of the cancellation. 28 3) Renewal/Replacement: Until such time as the insurance is no longer required 29 to be maintained by the School, the School shall provide the Sponsor with 30 evidence of the renewal or replacement of the insurance no less than thirty AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 58 of 74 1 (30) days before the expiration or termination of the required insurance. 2 C) Drug -Free Workplace: The School shall be a drug -free workplace pursuant to the 3 Sponsor's rules. 4 D) Entire Agreement: This Contract shall constitute the full, entire, and complete 5 agreement between the parties. All prior representations, understandings, and 6 agreements whether written or oral are superseded and replaced by this Contract. This 7 Contract may be altered, changed, added to, deleted from, or modified only through the 8 voluntary, mutual consent of the parties in writing. Any substantial amendment to this 9 Contract shall require approval of the School Board. 10 E) No Assignment: This Contract shall not be assigned by either party. The School may, 11 without the consent of the Sponsor, enter into contracts for services with an individual or 12 group of individuals organized as a partnership or cooperative so long as the School 13 remains ultimately responsible for those services as set forth in this Contract. 14 F) No Waiver: No waiver of any provision of this Contract shall be deemed or shall 15 constitute a waiver of any other provision unless expressly stated. The failure of either 16 party to insist in any one or more instances upon the strict performance of any one or 17 more of the provisions of this Contract shall not be construed as a waiver or 18 relinquishment of the term or provision, and the same shall continue in full force and 19 effect. No waiver or relinquishment to any provision of this Contract shall be deemed to 20 have been made by either party unless in writing and signed by the parties. 21 G) Default: Non - compliance with any of the terms and conditions of this Contract shall 22 constitute good cause for termination. 23 H) Survival Including Post - Termination: All representations and warranties made in this 24 contract shall survive termination of this contract. 25 I) Severability: If any provision or any section of this Contract is determined to be 26 unlawful, void or invalid, that determination shall not affect any other provision or any 27 section of any other provision of this Contract and all remaining provisions shall 28 continue in full force and effect 29 J) Third Party Beneficiary: This Contract is not intended to create any rights of a third 30 party beneficiary. This clause shall not be construed, however, as contrary to any 31 statutory or constitutional right possessed by a member of the community, a student, or AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 59 of 74 I parent/guardian of a student of the School. 2 K) Choice of Laws: This Contract is made and entered into in the State of Florida and shall 3 be interpreted according to the laws of Florida, with venue in Miami -Dade County. The 4 parties mutually agree that the language and all parts of this Contract shall in all cases be 5 construed as a whole according to its fair meaning, and not strictly for or against any of 6 the parties. 7 L) Notice: Every notice, approval, consent or other communication authorized or required 8 by this Contract shall not be effective unless it is in writing and sent postage prepaid by 9 United States mail, directed to the other party at the address provided or such other 10 address as either party may designate in writing from time to time: 11 12 Aventura City of Excellence Charter School 13 Eric M. Soroka, City Manager 14 City of Aventura 15 19200 West Country Club Drive 16 Aventura, Florida 33180 17 18 Aventura City of Excellence Charter School 19 Julie Alm, Principal 3333 N.E. 188th Street 20 Aventura, Florida 33180 21 22 The School Board of Miami -Dade County, Florida 23 Attn.: Superintendent 24 1450 N.E. 2nd Avenue, Suite 931 25 Miami, FL 33132 -1308 26 27 And copies of all Notices to: 28 29 Clerk of the School Board 30 1450 N.E. 2nd Avenue, Suite 268B 31 Miami, FL 33132 -1308 32 33 M) Authority: Each of the persons executing this Contract represent and warrant that they 34 have the full power and authority to execute the Contract on behalf of the parry for whom 35 he or she signs and that he or she enters into this Contract of his or her own free will and AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 60 of 74 I accord and with his or her own judgment, and after consulting with anyone of his or her 2 own choosing, including but not limited to his or her attorney. The School and the 3 Sponsor both represent that they have been represented in connection with the 4 negotiation and execution of this Contract and they are satisfied with the representation. 5 N) Conflict/Dispute Resolution 6 1) Contractual Conflicts: If a conflict arises out of the terms, construction, or rights 7 or obligations contained in this Contract, the Sponsor or the School may either 8 use the Dispute Resolution Procedure contemplated within Appendix V, or 9 pursuant to Fla. Stat. § 1002.33(6)(i). This provision does not apply to non - 10 renewals or terminations. 11 2) School Stakeholder Conflicts: All conflicts between the School and the 12 parents /legal guardians of the students enrolled at the School shall be handled by 13 the School or its City Manager. Evidence of each parent's /guardian's 14 acknowledgement of the School's Parent Conflict Resolution Process shall be 15 available for review upon request by the Sponsor. 16 3) Contractual Priority: In the event of any conflict between the provisions of this 17 Contract and any Appendix, this Contract shall prevail. 18 O) Citations: All citations of legal authority, including Sponsor's rules, shall refer to 19 those in effect when this contract is executed, subject to any subsequent amendments. 20 P) Headings: Headings in the Contract are for convenience and reference only and in no 21 way define, limit, or describe the scope of the Contract and shall not be considered in the 22 interpretation of the Contract or any provision hereof. 23 Q) M -DCPS Police: MDCPS School Police may accompany District officials in executing 24 the Sponsor's monitoring responsibilities and other official business. 25 26 27 28 29 30 31 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 61 of 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written. ATTEST: THE CITY OF AVENTURA, FLORIDA, on behalf of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL By: By: Signature of City Clerk Date Signature of City Manager Date Name: Name: City Clerk City Manager ATTEST: THE SCHOOL BOARD OF MIAMI - DADE COUNTY, FLORIDA AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 62 of 74 1 2 3 4 5 6 7 s 9 By: Signature of Secretary Name: Alberto M. Carvalho Secretary APPROVED AS TO FORM: By: Date Signature of Board Chair Date By: School Board Attorney Date Name: School Board Attorney Name: Perla Tabares Hantman Board Chair AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 63 of 74 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED THIRD AMENDMENT TO THE CHARTER SCHOOL CONTRACT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL BETWEEN THE CITY OF AVENTURA AND THE MIAMI - DADE COUNTY SCHOOL BOARD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the Third Amendment to the Charter School Contract for the Aventura City of Excellence School between the City of Aventura and the Miami -Dade County School Board, in substantially the form attached, with certain changes, insertions and additions as the City Manager may approve. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012 - Page 2 PASSED AND ADOPTED this 10th day of July, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City M ger DATE: June 15, 2012 SUBJECT: Resolution Supporting the Miami -Dade County League of Cities Efforts to Negotiate a New Charter County Transit System Surtax Interlocal Agreement July 10, 2012 Commission Meeting Agenda Item S�C RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution supporting the Miami -Dade County League of Cities' ( MDCLC) efforts to negotiate a new Charter County Transit System Surtax Interlocal Agreement. BACKGROUND As previously discussed, the Interlocal Agreement with the County regarding the Charter County Transit System Surtax is set to expire this year. The MDCLC is leading the efforts on behalf of the cities to represent our position in negotiations with the County. I have attended a series of meetings hosted by MDCLC and attended by the various cities. At the conclusion of the meetings, a position paper was drafted and is included in the attached Resolution. In order to maintain a united front in our negotiations with the County, it is important that we support the MDCLC in their efforts to represent us. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1779 -12 RESOLUTION NO. 2012-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE MIAMI -DADE COUNTY LEAGUE OF CITIES' EFFORTS TO NEGOTIATE A NEW CHARTER COUNTY TRANSIT SYSTEM SURTAX INTERLOCAL AGREEMENT ON BEHALF OF THE MUNICIPALITIES IN MIAMI -DADE COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On May 14, 2012, the Miami -Dade County League of Cities (the "League ") hosted a meeting with municipal managers and /or their representatives with reference to the Charter County Transit System Surtax Interlocal Agreements (2003, 2007 and 2011); and WHEREAS, the League, together with member municipalities, is creating a committee to begin discussions with Mayor Carlos Gimenez and his staff regarding the Agreement; and WHEREAS, the League has requested that every municipality adopt a resolution identifying the position the League will take on behalf of the municipalities, assign an individual that is authorized to represent the City and authorize the League to begin negotiating an Agreement with the County on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby supports the following position of the League with regards to negotiating a new Agreement: • Eliminate 20% transit requirements - making 100% of funds available for transportation related purposes; • Define "transportation" purposes to include but not limited to the provisions of F.S. 212.055 with the relevant sub - references to the F.S. 334.03 and 335.065(1)(a); • Allow for an annual independent audit to be overseen by an established municipal committee to audit the County's use of the surtax funds with the same regularity as the County audits municipalities; • Eliminate the required baseline maintenance of efforts; Resolution No. 2012 - Page 2 • Distributed net proceeds to municipalities incorporated after November 2, 2002 shall not be reduced or affect the municipal share for eligible municipalities; • Identify a percent of the County's 80% (based on population) that is dedicated to UMSA with the intent to allocate to future annexations and incorporations; • Allow for the Agreement to remain in effect from year to year for so long as the County receives net proceeds; • Provide "favored nation" status to municipalities so as to grant the same exemptions and rights that the County grants itself and /or other eligible municipalities; • Need to define "cause" related to "termination" and /or when County "withholds" surtax funds; and • Reduce reporting requirements to annually not quarterly and tied to the certification requirement of the work completed. Section 2. That the City Manager is hereby authorized to represent the City on this matter and to do all things necessary to carry out the aims of this Resolution. Section 3. That League is hereby authorized to negotiate an Agreement with the County on behalf of the City. Section 4. This Resolution shall take effect immediately upon 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 Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012 - Page 3 PASSED AND ADOPTED this 10th day of July, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City M ger DATE: June 14, 2012 SUBJECT: Resolution Declaring Equipment Surplus July 10, 2012 Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2 -258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS /act Attachment RESOLUTION NO. 2012- 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 Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012 - Page 2 PASSED AND ADOPTED this 10th day of July, 2012. 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. n einberg, Chief of Police DATE: 14 June 2012 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: GBC Electric Image Maker, Serial #1 F05936 Martin Yale Auto Folder Sony Color Video Printer, Asset #0848 Panasonic VHS Player, AGA 330, Serial #K0KN01758 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUN TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City)anag DATE: June 27, 2012 SUBJECT: Architectural Basic Services Agre-e-ffient Between PGAL and the City for Government Center Parking Expansion Project July 10, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the Architectural Basic Services Agreement between PGAL and the City for the Government Center Parking Expansion Project. BACKGROUND At the November 1, 2011 Meeting, the City Commission adopted a Resolution selecting the firm of PGAL to perform architectural and engineering services for the City's Government Center Parking Expansion Project. The project was divided into two major components: Pre - Design and Basic Services. The Basic Services portion has been completed. The conception design is attached. The Basic Services Phase includes the following items at a cost of $232,230. • Construction Documents • Permits, Bid & Award • Construction Management Attached is the Basic Services Proposal and Scope of Services. If you have any questions, please feel free to contact me. CCO1780 -12 RESOLUTION NO. 2012 -_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED BASIC SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND PGAL ARCHITECTS TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES TO DESIGN AND PERMIT THE CITY'S GOVERNMENT CENTER PARKING EXPANSION PROJECT IN ACCORDANCE WITH RFQ NO. 11- 9 -21 -2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Agreement ( the " Agreement" ), in substantially the form attached hereto, between the City of Aventura and PGAL Architects to perform architectural and engineering services to design and permit the City's Government Center Parking Expansion Project in accordance with RFQ No. 11- 9 -21 -2. Section 2. PGAL Architects has completed pre- design work in accordance with Resolution No. 2011 -65. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution and the Agreement. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner _, who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012 - Page 2 PASSED AND ADOPTED this 10th day of July, 2012. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney it �7 IM 9 Ij �.i al June 22, 2012 Mr. Eric M. Soroka City Manager City of Aventura Office of the City Manager 19200 West Country Club Drive Aventura, FL 33180 Re: Aventura Government Center Parking Expansion (Basic Services Proposal) Dear Mr. Soroka: PGAL is pleased to present this proposal for Basic Services for the new Aventura Government Center Parking Expansion project. The design has been approved by the City and the initial pre - design services have been completed. We also submitted the drawings for the site plan /variance approval on 5/31/12. A. SCOPE OF SERVICES The approved design is a three level parking garage with approximately 208 spaces. The first floor will house the police department vehicles and service areas. The upper levels will be for visitors and staff. The existing generator and vehicle fueling area will remain. See Exhibit A.1 for revised Scope of Work. B. COMPENSATION The fixed fee for the above services shall be $210,000. (See Exhibit B.1) The following is a breakdown of the fee: 50% Construction Documents - 38% $ 79,800 100% Construction Documents - 37% $ 77,700 Permitting and Bid Negotiations - 5% $ 10,500 Construction Administration - 20% $ 42,000 The following expenses are in addition to Basic Services: 1. Expense of reproductions for submittal to agencies having jurisdiction over the project or for the Owners or Contractors use. 2. Expense of courier or overnight delivery. 3. Mileage expense from the City of Boca Raton as the point of origin. 4. Other expenses only as authorized in advance by the Owner. Payment to PGAL is due thirty days after receipt of invoice and is delinquent beyond that time, when an additional charge of 1% per month, simple interest will be added. Invoices will only be rendered after services have been completed or on a monthly basis as a percentage of completion. 791 Park of Commerce Boulevard Suite 400 Boca Raton, FL 33487 [P] 561 988 4002 [F] 561 988 3002 AA0003337 EB00008240 C. ADDITIONAL/OPTIONAL SERVICES The following items are not included in Basic Services: 1. Modification to approved conceptual plans 2. Security Design 3. Parking Access Controls Design 4. Cost Estimating 5. Signage & Graphics Design 6, Additional Surveys 7. Geotechnical Engineering 8. Special Inspections 9. Record (as built) Drawings 10. Perspective renderings, computer animations or models 11, Expense of color reproductions for presentation documents 12. Expense of filing or permit fees See Exhibit B.1 for above items where fees have been determined. Any additional services requested shall be billed at a mutually agreeable fixed fee or at the following PGAL Hourly Rate Schedule. Principal $190.00 Project Manager / Designer $185.00 Project Architect $175.00 Job Captain $125.00 Technical / CAD Drafting $ 85.00 Clerical $ 80.00 D. PROJECT SCHEDULE The above services will be provided and completed based upon the following schedule based upon working days and receipt of Notice -to- Proceed from City. 50 % Construction Documents 30 days 100 % Construction Documents 30 days Permitting and Bid Negotiations 45 days (estimated) Construction Administration 330 days (estimated) If the terms of this Agreement meet with your approval, please sign and return one (1) copy of this letter as authorization to proceed. We look forward to working with the City of Aventura to meet your growing needs. incer , Ian A. Nestler, AIA, LEED AP Principal Attachments: Exhibit A.1 Scope of Work Exhibit B.1 Fee Distribution cc — File Joby Balint Rodney Crockett 2 AGREED AND ACCEPTED This day of 2012 By: Title: EXHIBIT A.1 SCOPE OF WORK GOVERNMENT CENTER PARKING EXPANSION PROJECT DESCRIPTION The project consists of a new parking structure adjacent to City Hall and will replace a portion of the existing surface lot. The existing lot primarily serves visitors, City staff and Police and an undetermined number of spaces will need to be maintained throughout construction. It is envisioned that the new structure will contain approximately 208 spaces or as many as feasible for the Final Construction Budget. Current budget is $3,400,000, but may be adjusted slightly by the City at their discretion. An existing Police Vehicle Fueling and Maintenance Area are to remain in the existing location on site. Also the existing generator and enclosure will remain in the current location on site. The project is anticipated to be competitively bid. SERVICES The Pre- design Phase is now complete. Basic Services for the project include architectural, structural, mechanical, electrical, plumbing, fire protection, landscape, and civil engineering. Services are broken down into two components: 1) Basic Services and 2) Optional /Supplemental Services. Basic Services Scope will be based on the approved Final Concept and will include a 50% CD submittal as well as a 100% CD submittal. In addition bidding and permitting phases are included. The fees for these services are as outlined on Exhibit 6.1. Optional /Supplemental Services include Security Design, Parking Access Controls, and Signage & Graphics as optional items. Also, listed on this exhibit are Supplemental items which are required for the project such as the Tree Survey and the Geotechnical Engineering services. SCHEDULE The drawings for the site plan approval /variance package were submitted May 31s% 2012. The construction document phase will begin immediately after the site plan /variance has been approved. We will submit 50 % CD's for review and comment (30) working days after receiving the site plan /variance approval. The 100 % CD phase will be completed (30) working days after receiving review comments related to the 50% CD submittal and a notice to proceed. The drawings will then be issued for bidding and permitting purposes. EXHIBIT B.1 Government Center Parking Expansion Fee Distribution Pre - Design Phase Complete Basic Services Phase ITask % Gross Fee Modification to approved conceptual plans Basic Services 2 Security Design 1 50% Construction Documents 38 % $ 79,800 2 100 % Construction Documents 37% $ 77,700 3 Permits, Bid & Award 5 % $ 10,500 4 Construction Administration 20% $ 42,000 8 Special Inspections TBD 9 [Total Basic 100% $ 210,000 Optional 1 /Supplemental Services Task Gross Fee Modification to approved conceptual plans TBD 2 Security Design TBD 3 Parking Access Controls $4,000 4 Cost Estimating TBD 5 Signage & Graphics Design $4,000 6 Tree Survey $1,800 7 Geotechnical Engineering $7,630 8 Special Inspections TBD 9 Record (as- built) Drawings TBD 10 Perspective renderings, computer animations TBD 11 Expense of color reproductions TBD 12 Expense of color filing or permit fees TBD Total Supplemental $ 17,430 Expenses $ 4,800 TOTAL $ 2323 230 � w � s � � € r � �s� �og° o �� S w �� C �,?f o �� o �s �.BE�£ � CO �'+r�n s Mc�•av �rtaoro «we � �Y 3 �()§ , ,,e| & ■ ■; | ! �,�l ;, � | h§\ |( |q$ |t| CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ag DATE: June 20, 2012 SUBJECT: Disbursement of Police Forfeiture unds July 10, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $39,587 for Police Training Facility Build Out Project, Change Order No. 1 from the Police State Forfeiture Funds in accordance with the City Manager's memorandum." If you have any questions, please feel free to contact me. EMS /act Attachment CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE TO: Eric M. Soroka, City FROM: DATE: 20 June 2012 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of. Police Training Center build out $39,587 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Police Department Training Center build out - This is a request to encumber and spend up to $39,587 of State forfeiture funds for unanticipated expenses for the training center build out. The unanticipated expenses generated construction Change Orders in various construction disciplines. EXHIBIT A GOVERNMENT CENTER — 3RD FLOOR RENOVATIONS CHANGE ORDER #1 1. AV System Upgrades - $14,905 2. Upgraded Floor and Wall Mats - $6,236 3. Washer / Dryer Room Modification - $8,283 4. Miami -Dade Fire Rescue required a power booster be added to the fire control system - $1,045 5. Modified Trolley System - $1,618 6. Contingency - $7,500 TOTAL AMOUNT $39,587 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I -C City Manager BY: Joanne Carr, AIC Community Develop t Director DATE: June 8, 2012 SUBJECT: Request of City Staff for (1) Variance from Section 31- 147(a)(3) to allow a 16'8" wide side street yard setback where a minimum 30' wide side street yard setback is required by Code; and (2) Variance from Section 31 -147 (a)(3) to allow a 3' wide rear yard setback where a 20' wide rear yard setback is required by Code for the Aventura Government Center Parking Garage to be located in the Community Facilities (CF) District 19200 West Country Club Drive, City of Aventura (01- VAR -12) July 10, 2012 City Commission Meeting Agenda Item b RECOMMENDATION It is recommended that the City Commission approve staff's request for variance to allow a 16'8" wide side street yard setback and to allow a 3' wide rear yard setback for the proposed three level parking garage to be located on the Aventura Government Center site, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: • "Aventura Government Center — Parking Expansion ", Cover Sheet, prepared by PGAL, dated May 30, 2012, signed and sealed6 /12/12. • "Aventura Government Center ", Boundary & Topographic Survey, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc. dated 12/5/11, updated 5/24/12, signed and sealed. • "Aventura Parking Garage ", Landscape Plan, Sheet L -1, prepared by Witkin Hults Design Group, dated 5/29/12, signed and sealed 6/8/12. • "Aventura Parking Garage ", Landscape Plan, Sheet L -2, prepared by Witkin Hults Design Group, dated 5/29/12, signed and sealed 6/8/12. • "Aventura Parking Garage ", Landscape Plan, Sheet L -3, prepared by Witkin Hults Design Group, dated 5/29/12, signed and sealed 6/8/12. • "Aventura Parking Garage ", Schematic Drainage Plan, Sheet 1 of 2, prepared by Chen Moore & Associates, dated 05/25/12, signed and sealed 6/11/12. • "Aventura Parking Garage ", Schematic Drainage Plan, Sheet 2 of 2, prepared by Chen Moore & Associates, dated 05/25/12, signed and sealed 6/11/12. • "Aventura Government Center — Parking Expansion ", Sheet A1.01A, Site Plan, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A2.10, Ground Floor Plan, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. "Aventura Government Center — Parking Expansion ", Sheet A2.20, Second Level Floor Plan, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A2.30, Roof Level Floor Plan, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A6.00, Elevations, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A6.01, Perspective Study, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. THE REQUESTS City staff is requesting approval of a variance from Section 31- 147(a)(3) to allow a 16'8" wide side street yard setback where a minimum 30' wide street side yard setback is required by Code and to allow a 3' wide rear yard setback where a minimum 20' wide rear yard setback is required by Code, for the Aventura Government Center parking garage to be located at 19200 West Country Club Drive, City of Aventura. BACKGROUND APPLICANT City of Aventura OWNER OF PROPERTY City of Aventura LOCATION OF PROPERTY 19200 West Country Club Drive (See Exhibit #1 for Location Plan and Exhibit #2 for Aerial Photograph) SIZE OF PROPERTY Approximately 147,886 square feet (3.395 acres) 2 LEGAL DESCRIPTION Tract "A ", Aventura Government Center, according to the plat thereof recorded in Plat Book 156, Page 57 of the Public Records of Miami -Dade County, City of Aventura, Florida SURROUNDING PROPERTIES Zoning — Subject Property CF, Community Facilities District North B2, Community Business District East ROS, Recreation Open Space South RMF3,Multifamily Medium Density Residential District West TC1, Town Center District Existing Land Use - Subject Property: Aventura Government Center Property to the North: Aventura Mall Property to the South: Residential Apartments Property to the East: Founder's Park Property to the West: Office Building Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South Property to the East: Property to the West: Town Center Business and Office Town Center Parks and Recreation Town Center The Site — The site is an irregularly shaped parcel on the west side of West Country Club Drive, immediately to the south of the William Lehman Causeway and contains 3.395 acres. The lot width at the east limit is approximately 277 feet and narrows at the west limit to approximately 157 feet. The Aventura Government Center, completed in April of 2001, is located on this parcel. The Project —The City proposes to construct a three -story, 89,527 square foot parking garage containing 208 spaces to be located in the northwesterly portion of the Aventura Government Center site. The parking structure will provide additional parking to accommodate residents and guests visiting the Government Center, as well as City employees and City service vehicles. The parking structure will provide a secure area for our police vehicles on the first floor, with employee, resident and guest parking on the second and third levels. Existing surface parking spaces will remain along the south property limit, under the west plaza stairway and along the north building limit. 3 The structure's exterior fagade has been designed to be similar in design to the fagade of the Government Center. Site plan review is currently underway by City staff. Other than the variances requested, the site plan meets all other site development criteria of the CF, Community Facilities District and applicable sections of the City's Land Development Regulations. Final approval of the site plan is subject to approval of this application for variance. ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Town Center, which provides that the core of the center should contain business, employment, civic and /or high or moderate density residential uses. The Aventura Government Center is a civic use permitted in this land use designation. Citizen Comments — As of the date of writing of this report, the Community Development Department has received no written citizen comments to date. Community Development Department Analysis — Staff is reviewing the application for administrative site plan approval for development of the Aventura Government Center Parking Garage in the Community Facilities (CF) zoning district. Cultural, civic and community centers are permitted uses in this zone. Review of the site plan prepared by the City's consultant has revealed that the building does not meet the required minimum street side yard setback and does not meet the minimum rear yard setback in the CF zone. City staff is requesting approval of variance to these two site development criteria. Criteria - The standards of review for variance requests are found in Section 31- 76(e)(1) through (5) inclusive of the City's Land Development Regulations. The Code states that "a variance shall be granted only where competent and substantial evidence presented in the particular case shows that al/ of the following [standards of review] are met..." Each variance request is evaluated below using those standards of review. Request #1 • Variance from Section 31- 147(a)(3) to allow a 16'8" wide side street and setback where a minimum 30' wide side street yard setback is required by Code. The side street yard of the Aventura Government Center site is at the north property limit, abutting the William Lehman Causeway. The CF zone requires a minimum 30' wide setback. Although the setback to the Lehman Causeway based on property limits is 168 ", there is a 77' wide grass and landscape buffer to the travelled road. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would 4 result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the particular shape and physical condition of this property. The lot is an irregular shape, being approximately 120' narrower at the west limit as compared to the east limit and having a 56' jog to the north at the southwest limit. The Aventura Government Center is built in the easterly portion of the site. The only available location for the parking garage is in the westerly portion of the lot, at its narrowest point. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The lot configuration and existing building create the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The additional parking spaces will provide a public benefit by enhancing the ease of use of the Aventura Government Center through an increased number of parking spaces. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Request #2 Variance from Section 31- 147(a)(3) to allow a 3' wide rear yard setback where a minimum 20' wide rear yard setback is required by Code. The rear yard of the Aventura Government Center occurs at its westerly limit, adjacent to the existing surface parking area for the office building known as Concorde Plaza at 2999 NE 191 Street. There is a 10' wide landscape buffer on the adjacent property and the setback from the Aventura Government Center rear property line to the office building is approximately 340 feet. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship is created by the particular shape and physical condition of the specific property. The lot is an irregular shape, being approximately 120 narrower at the west limit as compared to the east limit and there is a 56' jog to the north at the southwest limit. The Aventura Government Center is built in the easterly portion of the site. The only available location for the parking garage is in the westerly portion of the lot. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The lot configuration and existing building on site create the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The additional parking spaces will provide a public benefit by enhancing the ease of use of the Aventura Government Center through an increased number of parking spaces. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. [.1 BROWARD COUNTY DADE COUNTY • ■��= Ti��i ■ r Gulfstream YACHT CLUB DR. ■ ;■ 1 Park MARINA • ■ COVE • :■ Aventura HARBOR CIRCLE • :r Hospital ,� WAY ■ ■ & Medical i '■ Center Q MP 1NE ■ ;r ;r ■ ;■ Cq Waterways ■ ■ m WATERWAYS Shoppes 207 ST. ■ :■ w ■ COUNTRY CLUB DR. :■ The 205 Nj �—^ �\ 9 n To Promenaa de V Exhibit #1 01- VAR -12 Google earth le( mete Exhibit #2 01- VAR -12 m z CC) m Q20 pop E3 S? 3 3 3 3 E3 3 cn L CD CD cl> CD M r, CD 0 U) CD U) g- FD. 0 o 0 cm m m _ \\ �/ my () /b � 0 'o 0. n ?,� -s > 0 C) < m m C) r— 0 m M > m X 0 (CY/) 0 :;7 9 H M.. ANS, 1:7=05 m 3, S3 finig cz, Mal, 9 "ol C) z m ?c m ffi P > I ED > m 10 Jel tLL jig" �I� (T r ;� �NI d IiE , I ........... m VvPn') 0> 'D 0 I l(l P 1710 > N II it, erg ome f t Z s5 a {a J' Nil i It 3 L ------ ---- --- - ------ 'fl AI ---- ------- ----------- F -7w -- --- ---- -------- ----- -- ------ ------- -- - - -- ------- ------ - --- N - 11 WEST CLUB DRIVE sd it 12 193 Y- -- ---------------------- --- ----- ------- TRACT "JJ" -1F7W ACIDI-N WCAtt EYAClil BOUNDARY &TOPOGRAPHIC SURVEY FoRnm LEAVY, CONSULTING ENGINEERS, SURVEYORS SKILES, INC. & MAPPERS AVENTURA GOVERNMENT CENTER 'W"'A -TIFIC-01 AITHM-101 - �Ezal CITY 51-7 OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA 131 �� a i :. e r a• a an �Q m � p e $ � f c o IC\ i I .I V Ia a z a x g�mo $e` ° m C I� 2= o° ;cz �z of \ s' \ III V � $g�g� s � � 8 � o M n n vci �1 n fle 5; I �gn m I I � a C a WEST COUNTRY Ci W DRIVE O O 2 i Y o 2 o F1 O Z Pimce Cootlrin Rlaxontlm Y LInMl0. Inc. o fi 'e' an .gym' i m ..� €a SA Hg 9C,��oW »' Y C7 vrym 2> La, &��3 2ts 38 %cA', �'o$ zmo�ay' !1!!I ZDD �$c z a T8o� g nn M } m MC) n P &_ S4 R 0 I I � a C a WEST COUNTRY Ci W DRIVE O O 2 i Y o 2 o F1 O Z Pimce Cootlrin Rlaxontlm Y LInMl0. Inc. o fi 'e' an .gym' i m ..� €a SA Hg 9C,��oW »' Y C7 vrym 2> La, &��3 2ts 38 %cA', �'o$ zmo�ay' !1!!I ZDD �$c z a T8o� g nn M } m MC) n as EuN 47T v a, Z 0 1 41 0 CY 0 Z x 0 Z c= L no 0 12 z z kM Li I 9 fr Im g I Np z NH ilk A o v!:M 7 K - m - F>> mo r2m, 2.2 H, • jam, IJU as EuN 47T v a, Z 0 1 41 0 CY 0 Z x 0 Z c= L no 0 12 z z kM Li I 9 fr Im g I Np z NH ilk A o v!:M 7 K - m - F>> mo r2m, 2.2 H, II 0 m m g cn K v 0 0 z D z O a �dn Rn� '2 d a`o a,s osE Ia�s z \ A I� x o _ _ �7 m� NO¢°2T24"W o ® — z z J 0 156.74' —. O- _� z _0 O_OD "may O D D m m Z, D7 00> , m0 � cnz Om m—�D �+ 0 _ „m z I m m Ip o- g b 8 � t�o� 4 m Z r D z 0 �D ADA Dz mGZ AVENTURA PARKING GARAGE' r N CITY OF AVENTURA, FLORIDA WITKIN HULTS LANDSCAPE PLAN D E S I G N�GR OUP j "s. na.n:anees T b Z 1 1 m l ®I z I II �I II II �� II I` �L T i 0 8na 33: 801 os= s a� _\0 �"o,_ 9 m i ® i,'wu; mi m 1 3Dm 0, z C) y wu zm m l coo D c l 0 1 it Z rl �1 �1 h �1 p 1 1 � V III 'o .1 1 if: III'I'`11 1/ � III�11�1 2 ; gas rn 3 N y m p o 2 O o m Z N (n� cm `< Z� N D z _\ A 2 a� �D Dp m 0 AVENTURA PARKING GARAGE G� CITY OF AVENTURA, FLORIDA r s ® WESKIN HROUS LANDSCAPE PLAN - =A i °m n� 2SR�S oRtFeaaas E:I€{�IQM€t�- m VT 0 3 o m$ $ 6 m n " �•� $. m � 3 ��ag P "qi R CLY. -111 all pu g o a'km > 4Sk #'$2b I'9�t:H4 MR iv NUN z I $ a " s � F: c FE s �E: 01 1 9 ��eed3ai a m > E o E a m $ 8 b° z o g 8 38 S m c ;� e¢[Is a A E 8 ry A 3 V 3 is vat y B -3 Fill s a Ill w f sz ° dt �$Ys'. �` l'J:.l' >' F °c "s gg F��• a Rs =s W S 16 w w a s S� 5 A� o it'll -- �� a a m ° @ N, s m `A �$F AVENTURA PARKING GARAGE r s CITY OF AVENTURA, FLORIDA ® WITKIN HULTS DESIGN GROUP �� s W LANDSCAPE DETAIL \ � � \ d e !§ \ ;! § ()k\ �()} k{t\ ))) .mm \ \ . c9z !� E!!§ | \)q )� \k §g /ST COUNTRY CLUB oe. - - - - -�� marl « FIFTH ADDITION WSCAYNEYA I-R AND COUNTRY CLUB /222�m,�| « - - � ©! \\/ m\ ;! w «� \14 \\ /ST COUNTRY CLUB oe. - - - - -�� marl « FIFTH ADDITION WSCAYNEYA I-R AND COUNTRY CLUB /222�m,�| « - - � ©! \\/ m\ 0 0 O i T�— T- 7 c 9'_0 a o � �o 0 C N D 0 D A O D D TI x Z 47 N D n �C °n 0 n m N D Z D .W Rerca Goodrin Newndr 6lLWlle, Nc a y o � o z8 �� // ✓ zgi I 1° z 111' -1a° a Rerca Goodrin Newndr 6lLWlle, Nc a ONE �mo�m ■ -y / ( \( > } : 0 0 m M- m 0 1111,11, �k () ' \� /� .q. , ®\ \ /��\ \` \ ®! §§t�� /� ( . � |§ \ }� \ � � ] � , � ! . ;\ � 2m \! /�, q » �� \ , / � ! -y / ( \( > } : 0 0 m M- m 0 1111,11, �k () ' \� /� .q. , ®\ \ /��\ \` \ ®! §§t�� /� ( . � |§ \ }� \ � � ] � , � ! . ;\ � 2m \! /�, q » �� \ z N G � 0 o' ;; f p P A i A 5Y - i xf €a 110' —D" — �----- - - - - -� WN m 0 \ 00 �1 182" z 0 0 0 0 p� t 7*b:: H!, °aL L ITEM, S a73s iff JI D iii a$ia zsI � m �� s a� �� Rerce GoodWn Neeandr 61LWe, Ina —__.. __...__ — g � �' s °. 'A p<pY+ °' �d�R�y �, � �i�Pi� ,G, __ _ __ � `�Y < $C � n .J��ma f ��b3v G��mm ��v�� fir. sg � xl�� r�ir��'v�� f1 ci $ R� i � s �A �� ^' T8o� A � o �, $ �� 111" a�3 �� S c g 'a m I > � 0 I g m 22 AV I Em 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 fotlows Name p,k �ia ii r.J iZ . 1C�4_-b''i W \�(K ►� -)0S6 I•- - Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) 5U•�ka2 C(Q \ L__ (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. WITNESS MY HAND THIS _J�jL DAY OF AUTHORIZED REPRWrNTANE OF APP,(iCANT OWNER By: (S na Name: GP_\c t•A... I (Print) Title:_Cx—t �) _1-k Address: 1"'%Zt�rO k-0, CZysZ�rriz-- STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) By' __ (Signature) Address: (Print) Before me the undersigned authority personally appeared C'C.tL K Sbec>k A as th thorized rep sentative of the Applicant and/or the owner of the property subject to the application, who being first by me duly s orn, A swear or fftrm that he /she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME thiay of_La&ryyPu!bIitc StAia a1vFis 'la At Lar Printed ' `ni My cot eKptrse, a�Y 6.2 . #DD 846452 r Q 111e1lC�STA«Ui �``` 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 Afflanl hereby discloses that: (mark with "x" applicable portions only) pQ1. Affant 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. [ J 2. Affant 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: [ ] 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, [ ] 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS APPLICANT: DAY OF 200_. By: (Signature) Title. WITNESS MY HAND THIS PROPERTY OWNER By._ Name: __ _ Title: _ (Print) DAY OF (Signature) (Print) (Print) —200-. 'The terms "Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. WITNESS MY HAND THIS VL DAY OF TOht 2011, REPR TATIVE: (Listed on Business Reiationship Affidavit) y (Signature; By Name: '(Print; Name: _ Title p• Ftl'fLyC (Printi T,tie: By (Signature) Name . (Print) Title: (Print) By: _ ( Signature) Name- _ (Print) Title: (Print) By. (Signature) Title: _ _(Print) Title (Print) By. --(Signature,) Tiller_ (Print) Titles (Print) By: (Signature) Title:_ (Print) Title: (Print) By:. Name. Title: (Signature (Print) (Print) (Signature (Print) By: (Signature Name: (Print) Title:_ (Pant) By. _ (Signature Title: (Print) Tilie _ _ (Print) By: (Signature Title. (Print) Title (Pant) By: (Signature Title: _ _ _(Print) Title. _(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 3) Applicants and Affiants are advised to timely supplement this .affidavit pursuant to Sec. I- 7i(b)(2)(i %) of the Cit):'s Land Development Regulations in the Cit} 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 incornplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared NN 6-C r flan I, 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. FFI NT 2U NOTARY PUBLIC -STATE OF FLOFJDA SWORN TO AND SUBSCRIBED before me this /12day of '-:S(/0C .X981 %i Jeri Stahl t Commission # DDS86885 Notary blic Slate Rf FI t Lar e % Expires: JUNE 20, 2013 ry ,� Q Yt ! BONDED THRU�ATLANCIC BONDING CO., INC. Printed Name of Notary My commission expires - G STATE OF FLORIDA j 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. SWORN TO AND SUBSCRIBED before me this - day of. 200_, -------------------------------------- STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _ I day of -, 200_. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes slated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of -, 200 _ the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires: _ the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT Notary Public State of Flonda At Large Printed Narne of Notary My commission expires: - _ the Affiant who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name or Notary My commission expires.- 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) 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. (] I. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Represenlative; [ ] 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; j 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 ___ DAY OF ___200. APPLICANT: By: (Signature) WITNESS MY HAND THIS DAY OF , 200_. PROPERTY OWNER: By: (Signature) Name (Print) Title: (Print) 'The terms 'Business Relationship, " "Client, " "Customer, " 'Applicant, " 'Representative" and 'Interested Person" are defined in Section 2 -395 of the Aventura City Code. WITNESS MY HAND THIS f 2 DAY OF _ . tat. 2-0 / -2- R R ESE TATI ' ted on Business Relationship Affidavit) B . ° ( Sgnalure) By: (Signature Names: (Print) Name: (Print) Title: �! "19 (print) Title:` -_ (print) 1=�Pslyd �F.�1�Srr�i'' By: (Signature) Name: (Print) Title: (print) By:__ (S jnalure) Name: Name: (print) Title: (Pratt) By: (Signature) Title: Title: (P OO Title: (Print) By:__ (Signature) Title; M4:1 J Title: (Print) BY: (Signatu(e) Title: (R4 Title: (Print) (Signature Name:. (Print) Title: _ (Airs) By: (Signature Name: (PYlltf) Title:_._._ (Print) By: (Signature Title: (Part) (Print) By:� (Signature Title: (Print) Tale: —____- (Print) By: (Signature Tittle:_____+ (Print) NOTE: 1) Use duplicate sheets it 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. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DARE) Before me, the undersigned aulhaity, personally A ant who being firs/ by me duly sworn did swear or affirm that he/she executed this Affidavit for the purposes stated therein and #W it is true and correct AFFIANT-FOlLM,,, L-6 .S K 4fZs S re me Ih day ��L— 2W. ZO ,'0 p Notary Public state of ram ?° Susan P Kay — — My Commission EE 160095 le of ride I - e ubk or M10 Expires 04/6612016 4 Prin0 d Name of Notary y My 00—mylisstoa expires:_ - � 7 '.�j ^ JP/ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared . exacted fts AWavil for the purposes stated !herein and that Y is true and correct. SWORN TO AND SUBSCRIBED bebre me this day of STATE OF FLORIDA } COUNTY OF MIAMI -DARE) —200-. the Affiant, v th being first by me duly swom, did swear or affirm that he/she i�FiAwrT � - Notary Public Slate d(Fbrtda At Large Printed Name of Nalary My commission expires:— Before me, he undersigned auhorty, personally appeared .-�- —. _ ,- ^ the AfianL who being first by me duly sworn, did swear or atimt that he/she executed this Affrdawi for the purposes stated therein and that it is true and coned. AFF(ANT SWORN TO AND SUBSCRIBED before me this _day day of STATE OF FLORIDA COUNTY OF MIWM WADE) Before me, I he undersigned authority, personally appeared �.,.. _. executed hs. Affidavit for the purposes stated therein aril that it is true and cared. SWORN TO AND SUBSCRIBED before me this _ . _day of _ 200_ Notary Ptrblim State of Florida At Large Prirhled Name of Natery �_ __-W. V My co omission expires:_.. _-__. Me Aft at who being first by me duty sworn, did swear or affirm that he/she AFFUWT__ tNotary thrbNc State of Fla ids Al large Isrirhled Name of Alotary w commission expires:_.. _— ._,.. . -6\4 wklo&,� 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 Affranl hereby discloses that: (mark wilh'x' applicable portions only) btj 1. Affiant does not have a Business Relationship with any member of the City Comrntssion or any City Advisory Board to which the application will be presented. 112. 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. I l 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 corporabon 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, [IV 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 $18000.00 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 _� DAY OF1—'X U6N 204 -7 APPLICANT. By (Signature) Name: -- (Print) Tille. (Print) WITNESS MY HAND THIS PROPERTY OWNER: DAY OF .200 Name:_ (Print) Title: (Print) 'rhe terms 'Business Relationship, ` `Client, ` "Customer, " 'Applicant." 'Representative" and 'Interested Person" are defined in Section 2.395 of the Aventi ra City Code. WITNESS MY HAND THIS DAY OF 1A � 201�� t1 OgAt C10L t REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: - -- (Signature) Name:!taE& ('p�VpnJ Title: - +tC:.T (Pant) By. -- (Signature Name: (Print) Tit (Pr4l) BY:_ -. (Signature) By:.. ...... _ (Signature Name: F$R.T�iJ (Print) Name: _,. (Print) Title: t30 _(Pn171) Title:_._ (Print) By:-_ gnatuerJ By (Signature Name: l _ W [TV-4 Z ( P q1r Name: Pant Title: WN;06� of wep[' Title:_`_._ (Print) By: (Signature) By: Title: L. z STR (Print) Title: CA Q t L C=ty � (Prin!) BY: (Signature) Title: (Print) Title: (Pant) By: (Signature) Title: (Print) Title: (Print) Title: (Signature (Print) TiUe:_ .__i (Print) By: (Signature Title:____,. (Print) By: Title: Print) (Signature Title:_____,. (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 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. NOTARIZATION PROVISION STATE DF FLORIDA ) :AUNTY OF MIAMI -DAD£) Before me, the undersigned au0ror ty, personably appeared . MDN)G— _�.it"el at,•who being first by me duly swan, did swear a affirm that hehhe ;xecuted this Affidavit for The purposes slated therein and that it is true and oorrect. SWORN TO AND SUBSCRIBED before me this day of _ __ _ , 200_. AFFIANT Notary Publ c Stale cf Florida Al Large Psinled Name of Notary — My commission expires:_ ;TATE OF FLORIDA ) :OUNTY OF MIAMI -DADE) Before me, the undersigned authority, personably Jhe Affianl, who being first by me duly sworn, did swear or affirm that helshe meculed this Affidavit for the purposes staled therein and that it is Irue and correct. AFFIANTJ — — — SWORN TO AND SUBSCRIBED before me this, ____ day of _ __ _,200_, Notary Public State of Florida At large Prnted Name __ of Notary — — My commission expires:. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared . WL 'ViJIthe A%ant, who fi y me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that if is true and correct. AFFIA SWORN TO AND SUBSCRIBED before me this �. day of v1/, 20Q L F::_?vRY1 � N Public late of F At L .ExPIRES March x5, 2015 Printed ame of Nota My commissim expires. i5 ................... ....- °......--- -_ ............. �.nrn +arv5crvrce.com •* .... STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared �:Ide Afaanl who being first by me duly sworn, did swear a alarm that he/she executed INS Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this_ __ daY of 200 AFFIANT..� Notary Public Slate of Florida At Large Printed Narne d Notary -- - My commission expires:- — -- 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) [X I. Aff:ant does not have a Business Relationship witn any member of the City Commission or any City Advisory Board to whicn the application will be presented. [ 1 2. Affant hereby discloses that it does have a Business Relationship with a member of the City Commission or a Cily 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: [ ] 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, [ ] 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; [ ] iv. A City Commissioner or Board member is e Client of the Applicant or Representative, (] v The Applicant or Representative is a Customer of tho 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ___ DAY OF 200. APPLICANT: By (Signature) Name: (Print) Title: _ _ (Print) WITNESS MY HAND THIS DAY OF —.200-. PROPERTY OWNER: By - (Signature) Name:_.. _ (Print) Title: (Print) 'The terms Business Relalionship, " 'Client,' " Customer, " 'Applicant, " 'Representative" and '7nteesied Person" are dehried irr Section 2 -395 of the Aventura City Code. WITNESS MY HAND THIS 11th DAY OF JUNE REPRESENTATIVE: (Listed on Business Reiationship Affidavit) By _._ (Signature) Name: Rodney Crockett (Print) Title Architect (Print) By. Name: Dan Fortin, Jr. Title.: Surveyor (Signature) (Print) (Print) By:. _ (Signature) Name: Andy Witkin (Print) Title: Landscape Architect (Print) B Title: i Title: Civil Engineer _.,(Print) 2012. By _ (Signature Name: _ _ (Punt) Tale: _ (Print) By:,, _ _ (Signature Name: (Print) Title:_ _ (Print) By. (Signature Name: _ (Print) Title:_ (Print) By — (Signature Title: (Print) Title: _ _ (Print) By- _(Signature) By: __ (Signature Title: (Print) Title: _ (Pnnl) Title (Print) Title— _— (Pant) By: _. (Signature) By (Signature Title. (Print) Title: ._(Print) Title: (Print) Title: __(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 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. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ Rodney Crockett the Atfiant, who being first by me duly sworn, did swear or affirm that heshe executed this Affidavit for the purposes staled therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me his __ day of - - __ _ 200_. AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:- STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authorty, personally appeared _Dan Fortin, Jr. the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and Lnat it is true and correct. SWORN TO AND SUBSCRIBED before me this. _- day of - _ _ __, 200_ AFF IANT Notary Public State of Florida At Large Printed Name of Notary My commission expires STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared - Andy Witkin the Affiant, 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. AFFIANT — -- - SWORN TO AND SUBSCRIBED before me this _ _ day of Notary Public State of Florida At Large Printed Name of Notary My commission expires:- STATE OF FLORIDA ; COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ Jose L. Acosta _ the Affianl, 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. _ w SWORN TO AND SUBSCRIBED before me this _ i �. day of0�, 20$_ im2blip State of Florida At Large Printed Name of Notary My commission expires ( J PAY ft * * MY COMMISSION 11 DO A75999 EXPIRES; July 31, 2013 +' +>�a ��`O' Badrd iAru tiudplt llohry Services RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 147(a)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 16'8" WIDE SIDE STREET YARD SETBACK, WHERE A MINIMUM 30' WIDE SIDE STREET YARD SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 147(a)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 3' WIDE REAR YARD SETBACK, WHERE A MINIMUM 20' WIDE REAR YARD SETBACK IS REQUIRED BY CODE; FOR THE AVENTURA GOVERNMENT CENTER PARKING GARAGE TO BE LOCATED AT 19200 WEST COUNTRY CLUB DRIVE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned CF, Community Facilities District; and WHEREAS, the applicant, City of Aventura, through Application No. 01- VAR -12, is requesting a variance from Section 31- 147(a)(3) to allow a 16'8" wide side street yard setback where a minimum 30' wide side street yard setback is required by Code; and (2) Variance from Section 31- 147(a)(3) to allow a 3' wide rear yard setback where a minimum 20' wide rear yard setback is required by Code. WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31- 147(a)(3) to allow a 16'8" wide side street yard setback where a minimum 30' wide side street yard setback is required by Code and to allow a 3' wide rear yard setback where a minimum 20' wide rear yard setback is required by Code, on property legally described as follows: Tract A, Aventura Government Center, according to the plat thereof as recorded in Plat Book 156, Page 57, of the Public Records of Miami -Dade County, Florida, City of Aventura is hereby granted, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: • "Aventura Government Center — Parking Expansion ", Cover Sheet, prepared by PGAL, dated May 30, 2012, signed and sealed6 /12/12. • "Aventura Government Center', Boundary & Topographic Survey, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc. dated 12/5/11, updated 5/24/12, signed and sealed. Resolution No. 2012 - Page 2 "Aventura Parking Garage ", Landscape Plan, Sheet L -1, prepared by Witkin Hults Design Group, dated 5/29/12, signed and sealed 6/8/12. • "Aventura Parking Garage ", Landscape Plan, Sheet L -2, prepared by Witkin Hults Design Group, dated 5/29/12, signed and sealed 6/8/12. • "Aventura Parking Garage ", Landscape Plan, Sheet L -3, prepared by Witkin Hults Design Group, dated 5/29/12, signed and sealed 6/8/12. • "Aventura Parking Garage ", Schematic Drainage Plan, Sheet 1 of 2, prepared by Chen Moore & Associates, dated 05/25/12, signed and sealed 6/11/12. • "Aventura Parking Garage ", Schematic Drainage Plan, Sheet 2 of 2, prepared by Chen Moore & Associates, dated 05/25/12, signed and sealed 6/11/12. • "Aventura Government Center — Parking Expansion ", Sheet A1.01A, Site Plan, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A2.10, Ground Floor Plan, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A2.20, Second Level Floor Plan, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A2.30, Roof Level Floor Plan, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A6.00, Elevations, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. • "Aventura Government Center — Parking Expansion ", Sheet A6.01, Perspective Study, prepared by PGAL, dated May 30, 2012, signed and sealed 6/12/12. 2. Permits shall be obtained within twelve (12) months of the date of the resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012-. Page 3 PASSED AND ADOPTED this 10th day of July, 2012. 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 12012. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORAN TO: City Commission FROM: Eric M. Soroka, City Manager, BY: Joanne Carr, AICP �" Community Development Director DATE: June 6, 2012 SUBJECT: Application to Amend Section 31- 144(f) of the Land Development Regulations to add a conditional use to the Medical Office (MO) District (03- LDR -12) July 10, 2012 Local Planning Agency Agenda Item 4 -A July 10, 2012 City Commission Meeting Agenda Item 7 -A September 4, 2012 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the request for an amendment to Section 31 -144 (f), "Medical Office (MO) District" of the Land Development Regulations to add "self service storage facilities with a minimum lot area of 1.5 acres" as a conditional use in the district. THE REQUEST The applicant, Public Storage, Inc., has made a Public Hearing Application for Amendment to the Text of the Land Development Regulations to request the addition of "self service storage facilities with a minimum lot area of 1.5 acres" as a conditional use in the Medical Office (MO) zoning district. (See Exhibit #1 for Letter of Intent) DESCRIPTION OF THE PROPOSED AMENDMENT The amendment proposed to Section 31 -144 (f) of the Land Development Regulations is the following addition in underlined text: "Sec. 31 -144. Business Zoning Districts. ... (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses.... (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:... (2) Conditional Use. The following uses if first approved as a conditional use: a. Business - related schools. b. Multi- family residential uses with a maximum density of 35 dwelling units per gross acre and within a minimum lot area of two acres. C. Uses that exceed the height limitations. d. Retail uses with a minimum lot area of two gross acres. e. Drive - through facility. f. Heliport landing site. g. Automobile parking garages, exceeding two stories but not over six stories in height, as a stand -alone use. h. All uses permitted in the CF District. For those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the following additional uses may be permitted if first approved as a conditional use: 1. Uses that exceed the maximum floor area ratio. 2. Uses that do not meet the open space requirements of the district, upon payment of a fee -in -lieu of open space to be used for public park improvements. The amount of such fee shall be determined by the City Manager based on the appraised value of the land and the amount of reduction in open space requested, provided, however, that the amount of open space shall not be reduced below 15 percent of the total lot area and that the development complies with the Streetscape Design Standards of this section. i. Self service storage facilities with a minimum lot area of 1.5 acres. ... 2 ANALYSIS The Medical Office (MO) zoning district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. The uses in the district shall be consistent with, but may be more restrictive than, the corresponding Business and Office future land use category permitted uses. That Business and Office future land use category is comprehensive and accommodates the full range of sales and services activities. A self service storage facility is a service that may be contemplated in this category. The applicant has an existing "first generation" style self storage facility on its land on Biscayne Boulevard, which was constructed prior to incorporation of the City. It seeks to upgrade that facility to modern public storage standards; however, the self storage use is not currently a permitted or conditional use in the Medical Office zoning district. The applicant advises that its current facility has a number of tenants related to medical use including medical suppliers, hospitals and physicians and may therefore be considered as compatible with the intent of the Medical Office zoning district, as it supports the storage needs of the medical profession and related business and office uses.. The existing site development standards for the properties in the north portion of the Medical Office (MO) zoning district require a minimum lot size of 1.5 acres. The proposed amendment will provide that same minimum lot size to be consistent with development of other lots in the area. Section 31 -77, Land Development Regulations Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The future land use designation for properties zoned Medical Office (MO) District is Business and Office. The intent of the Business and Office land use designation is described in the Future Use Element of the City's Comprehensive Plan. This category is intended to accommodate the full range of sales and service activities in our City. A self service storage facility is a service that may be contemplated by this land use category. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. 3 The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. "The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City..." The proposed amendment is consistent with this purpose. The standards in the City's Land Development Regulations for the conditional use approval process will provide for review, through public hearing, of any proposed development or redevelopment of self service storage facilities to assure that the use will be compatible with surrounding businesses and medical office uses and will be a complementary use in the Medical Office zoning district. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reasons provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for a process by which to approve development or redevelopment of self service storage facilities in the Medical Office (MO) District through the conditional use approval standards of the Land Development Regulations. 4 BCRCOW RADGLL & FERNAN D E Z ZONING, LAND USE ANA ENVIRONMENTAL LAW Direct: 305 - 377 -6230 E -Mail: MRadell(�brz"",Qlaw.co, May 25, 2012 Exhibit #1 03- LDR -12 COMMUNITY DEVELOPMENT CITY OF AVENTURA VIA U.S. MAIL MAY 2 9 2012 Ms. Joanne Carr ;_ „ n Community Development Directory City of Aventura 19200 West Country Club Drive Aventura, FL 33180 RE: Proposed Amendment Concerning Storage Facilities in the Medical Office Zoning District Dear Joanne: This will follow up the City Commission Workshop meeting on May 22, 2012 which included informal discussion concerning a proposed amendment to the Medical Office zoning district regulations to include storage facilities as a conditional use. This shall serve as the letter of intent that accompanies an application by Public Storage, Inc. to amend the City's Land Development Regulations as provided herein. Public Storage has existing "first generation' self storage facilities which it seeks to upgrade that are located at 21235 Biscayne Boulevard. As we discussed, the existing facilities are grandfathered as legal non - conforming uses as a result of the rezoning of all of the property in this area to the Medical Office zoning district shortly after the City of Aventura was incorporated. In order to proceed with a full evaluation of Public Storage's redevelopment plan, we hereby propose that the Medical Office zoning district regulations be amended to include a conditional use as follows: "self storage facilities on a minimum of 1.5 acre." We believe that the inclusion of self storage facilities as a conditional use in the Medical Office district is reasonable and appropriate. The conditional use process will allow Public Storage's architects to collaborate with the City's professional staff in order to develop a site plan that will be an asset to the community and compatible with streetscape along this section of Biscayne Boulevard. In addition, the existing storage facility operated by Public Storage WACHOVIA FINANCIAL CENTER - 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 - MIAMI, FLORIDA 33131 PHONE. 305.374.5300 - FAX. 305.377.6222 Ms. Joanne Carr May 25, 2012 Page 2 includes a number of tenants related to medical use including medical suppliers, hospitals and physicians. Public Storage's existing tenants also include many businesses and residents of the City Aventura. In fact, the City of Aventura is, itself, a tenant of Public Storage at this facility. Accordingly, we believe that storage facilities are an appropriate use in this location subject to conditional use approval by the City Commission. This will allow both staff and the City Commission to review any proposed redevelopment plan to assure that it will be compatible with the surrounding business and medical office uses, and will be a complementary use in the Medical Office zoning district. We look forward to working with you through this code amendment process. Please do not hesitate to call me if you have any questions or need additional information. MR/ ah cc: Jim Fitzpatrick, Public Storage Gus Carbonell BGRCOW RADGLL & FERNAN DEZ ZONINCa, LAND USE ANO ENVI(iONMENTAL LAW 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 entily applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) (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(8)(2)(Nj OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE. IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS W HAND THIS X&V DAY OF �uw16 _. 20V- AUTHORIZED REPRESENTATIVE OF APPLICANT By: (Signature) Name:_ _ (Print) Title: _ Address: STATE OF PtM15AGAUF40 � P+ COUNTY OF 9ADE) OWNER By. — aria Name: K AT RIQ9 (Print) Title:_Si� V-1�� U6J,'Q.ERt_fc3TOM- -�Dii V. Address: YySL+c S'toitAG� �ip1 `CFg-1J AQC �CLE�DAUc , C4 Before me the undersigned authority personally appeared AiJA Fk1'1YK RW3:as the authorized representative of the Applicant andlor the owner of the property subject to the application, who being first by.me m, id swear or affirm that helshe executed this Affidavit for the purposes staled therein and that it is true and correct. A FIN - - - -- - X SWORN TO AND SUBSCRIBED BEFORE ME this day of __ N&- . 2 �I.raee�= MEREDITH A. ALLEN - Coomm mission # 1885701 a -am Notary Public - California z Z ' Los Angeles County My Comm. Expires Apr 1 B. 2014 o ary Public State of Weride A4- EeMsCa,� -�Cro Printed Name of Notary Mrig-,)rM A. r ccoN My commission expires: _ -i z i Ln. g. 2 t 9 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 Y applicable portions only) (\ 1. Afflant 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. j 12. 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; [ 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 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, (i vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WETNESS MY NAND THIS . DAY OF aac 200,2 APPLICABy:(Signature) Name: Muhl) Tir!W Ivbh-a- -- (Print) WITNESS MY HAND THIS DAY OF --.200-. PROPERTY OWNER: By:.. _ (Signature) Name:_...._ (Prim) Title: - ( Pint) 'The terms Business Relationship," 'Client,' " Cuslomer,' 'Applicant," 'Representative" and 'Interested Person" are de✓!ned in Section 2.393 of the Aventura City Code. kvbw"A NOTARIZATION PROV15ION STATE OFFtM% ) COUNTY OFMAMhWE) Lc� qvc- ,.vLv�. 8elae me, the undersigned suthairy, personally appeared ,]iW [ l.l�JIILK;.FIA ffianl who being first me duly swan, did swear or affirm that he /she executed this Affcla�l for the purposes stated therein and that A is true and correct. _ x A T SWO11MANO sr iacrvttu r..r s. C , 2017. MEREDITH A. ALLEN Commission # 18857D1 z ryPwkstmi f t ►Pr = -r Notary Public California z - Z ' Angeles Count .14 Los An 9 y Printed Name of Notary My Comm. Expires Apr 18,201 Mycommissian expires _ PRajA_ t$r sir{ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared examted this Affidavit for the purposes staled therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this . __ day of . __. __ _, 200_ 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. SWORN TO AND SUBSCRIBED before me this — . day of 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. SWORN TO AND SUBSCRIBED before me this _ day of _. .,200- the Affiant, who being first by me duly swan, did swear or affirm that he/she AFFIANT _ Notary Public State of Florida At large Printed Name of Notary _ My commission expires: _ the Afbant, who being first by me duly swan, did swear or affirm that he/she AFFIANT Notary Public Stale of Flonda At large Printed Name of Notary My commission expires'. the Affianl who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires._ 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 Affianl 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 applicalion will be presented. "'k" j 12. Affant 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: It (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows: (( i Member of City Commission or Board holds an ownership 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 stack exchange) or joinl 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 Uent 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 ofthe 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 .. J DAY OF —.—,200-. APPLICANT: By (Signature) Name: (Print) Tille. WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER By:_. .. (Signature) Name:_. 'The terms "Business Relationship, '• "Client," "Customer, " Applicant,' 'Representative - and "Interested Person" are defined in Section 2 395 of the Aventura City Code. WITNESS MY HAND THIS REPRE T T isle/ ' Name:_ 141CftAC:L -1R Title:. 4 DAY OF 3Qae , 20b2. obn Business Relationship Affidavit) nature) X By - ( Signature pAXW (Print) Name: _ _(Print) TAIe: (Print) By: -_ (Signarure) By:. Name:., (Print) Name: Title: (Print) By :_ _ .. ( Signature) Name:. _ (Punt) Title: _ (P(int) By _. (Signature) Title: _ _„_(Print) Title: (Print) By:,__. (Signature) Title: _. (Prim) Title: (PrinQ By: (Signarure) Tifie: (Print) Title: (Print) (Signature _ (Print) Title: ( Prinr) By: (Signature Name: (Print) Title: _(Print) By: _ (S�gnature Title: (Print) Title _ _ (Prim) By: -- (Signature Title: (Print) Title: _. .__(Print) By: _ (Signature Title _ _ _ -- (P(int) Title _ (Piinl) 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 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personalty appeared -i1 � ' uyAMent, inapt by me duty sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct, / J tfe e h day of -__ cj.�s0(G .2014 'O►r P& Notary Public State of Florida ?° Ana Hernandez _ My Commission EE075919 Pudic Slate of Flaih rge •oi A Expires 04129r2015 _ __ — Printad Name of Notary My coarmmsion expires:- _ _ _. ... . ..... •-- .... ... ......................................... . ... ... _ ......... ...................... . STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me. the undersigned authority, personally appeared the Atfiant, who being firsl 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. SWORN TO AND SUBSCRIBED beore me this _ _ -_ day of , _- 200_ STATE OF FLORIDA } COMITY OF MIAMI•DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes staled therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this __ day of _ - _'200- STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, Me undersigned authority, personally appeared executed this Affidavit for the purposes staled therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _ __ day of _ -,200-, WANT Notary PubfK State of Ftoride At Large Printed Name of Notary — - my commission expires: . N Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public Slake of Fbnda At Large Prined Name of Notary My commission expires:-- — — the Atfuml, who being first by me duty sworn, did swear or affirm that helshe AFFIANT _ Notary Public Slate of Florida At Large Printed Name of Notary My commission expires.- ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31- 144(f) "MEDICAL OFFICE (MO) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD "SELF SERVICE STORAGE FACILITIES WITH A MINIMUM LOT AREA OF 1.5 ACRES" AS A CONDITIONAL USE IN THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending Section 31- 144(f) of the City's Land Development Regulations to permit self service storage facilities with a minimum lot area of 1.5 acres as a conditional use in the Medical Office (MO) zoning district; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interests of the public to amend Section 31- 144(f) of the City's Land Development Regulations, as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Section 31 -144 (f), "Medical Office (MO) District" of the Land Development Regulations is hereby amended as follows': Underlined provisions constitute proposed additions to existing text; text without underline or strike - through constitute existing text. Ordinance No. 2012 - Page 2 Sec. 31 -144. Business Zoning Districts. (f) Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: (2) Conditional Use. The following uses if first approved as a conditional use: a. Business - related schools. b. Multi- family residential uses with a maximum density of 35 dwelling units per gross acre and within a minimum lot area of two acres. C. Uses that exceed the height limitations. d. Retail uses with a minimum lot area of two gross acres. e. Drive - through facility. f. Heliport landing site. g. Automobile parking garages, exceeding two stories but not over six stories in height, as a stand -alone use. h. All uses permitted in the CF District. For those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the following additional uses may be permitted if first approved as a conditional use: 1. Uses that exceed the maximum floor area ratio. Ordinance No. 2012-. Page 3 2. Uses that do not meet the open space requirements of the district, upon payment of a fee -in -lieu of open space to be used for public park improvements. The amount of such fee shall be determined by the City Manager based on the appraised value of the land and the amount of reduction in open space requested, provided, however, that the amount of open space shall not be reduced below 15 percent of the total lot area and that the development complies with the Streetscape Design Standards of this section. j. Self service storage facilities with a minimum lot area of 1.5 acres. j— k. For buildings that attain LEEDS Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased to coverage, provided that a green roof and /or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida - Friendly tree canopy and Florida - Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. k-.—I. For buildings that attain LEEDS Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0. Section 3. 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 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Ordinance No. 2012 - Page 4 Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , and upon being put to a vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by adoption on second reading. This motion was seconded by and upon being put to a vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb PASSED on first reading this 1 0th day of July, 2012. who moved its Ordinance No. 2012 - Page 5 CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2012. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT TO: City Commission FROM: Eric M. Soroka, I City Manager BY: Joanne Carr, Al( Community Dev( DATE: June 7, 2012 SUBJECT: Application to Amend Section 31 -238 "Accessory Uses" of the Land Development Regulations to add standards for installation of renewable energy devices (01- LDR -12) July 10, 2012 Local Planning Agency Agenda Item 4 -B, July 10, 2012 City Commission Meeting Agenda Item 7-B September 4, 2012 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the request for an amendment to Section 31 -238 "Accessory Uses" of the Land Development Regulations by adding standards for installation of renewable energy devices. THE REQUEST City staff is requesting approval of an amendment to the text of the Land Development Regulations to add standards for installation of renewable energy devices, including, but not limited to, solar collector panels and wind turbines. The purpose of the new section is to encourage and facilitate installation of accessory renewable energy systems in our City, while mitigating possible nuisances to maintain the unique aesthetic quality of the City. DESCRIPTION OF THE PROPOSED AMENDMENT The amendment proposed to Section 31 -238 "Accessory Uses" of the Land Development Regulations is the following addition in underlined text: "Sec. 31 -238. Accessory Uses. (a) General. No accessory uses shall be permitted in a required yard or bufferyard area, except as set forth below. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located and in no event shall an accessory use be established prior to the principal use to which it is accessory. No permanent structures shall be permitted in utility easements without the written prior approval of the appropriate utilities, and the concurrence of the City. "(o) Renewable Energy Devices Non - commercial renewable energy devices, including solar collector panels, wind turbines, clotheslines and other energy devices using renewable resources, shall be permitted as an accessory use in all zoning districts, provided that; (i) the device installation complies with all site development standards of this subsection, complies with the applicable zoning district and complies with the landscape standards of these LDRs and provided that; (ii) excepting solar collector panels, the number and size of renewable energy devices installed on a property shall not exceed the total number of kilowatts needed to generate the amount of energy required to serve the established uses located on the property upon which the renewable energy devices are installed; (iii) any sell -back of energy shall be made only as authorized by law and further provided that; (iv) the following conditions are met: (1) The device installation shall not create a nuisance as determined by the City Manager or his designee; (2) The device installation shall not interfere with any existing broadcast, transmission or reception antenna, including, but not limited to the City's emergency communication system; (3) The device or devices shall be installed in a manner to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard; (4) The device or devices shall not be mounted on or supported by building walls unless approved by the City Manager or his designee; (5) No signage, advertising, pennants, ribbons, balloons, flaps, banners or similar material shall be placed on any renewable energy device; (6) The device installation shall not be placed on patio or balcony railings in condominiums, cooperatives or apartments; (7) The device installation shall comply with all applicable building, fire and life safety codes and regulations, as evidenced by obtaining all necessary permits prior to installation; (8) Wind turbines shall not exceed the higher of 18 feet above the main roofline or the manufacturer's recommended height for the particular model to be installed; (9) Roof - mounted wind turbines and other related rooftop equipment and structures shall not occupy more than 5% of the roof area; (10)Wind turbines shall be painted a non - reflective, non - obtrusive color that conforms to the environment and architecture of the community; (11) Solar collector panels shall not project above the ridge of a sloped roof and shall not project more than 5 feet above the finished slope of the roof surface or more than 5 feet above the deck or parapet of a flat roof. No part of the device shall extend beyond the edge of the roof. All mounting hardware, electrical and other connections required for operation of the panels shall be screened from view; (12)No lighting of a renewable energy device is permitted, except as required by Federal Aviation Administration or other agency having jurisdiction; (13)Ground installations shall comply with the site development criteria of the applicable zoning district; (14)Any renewable energy device found to be unsafe by the Building Official shall be repaired by the property owner to meet all federal, state and local safety standards or shall be removed within 30 days of such determination of the Building Official; (15) If any renewable energy device is not operational for a period of 12 consecutive months or more, the device shall be removed by the property owner within 30 days of the date of written notice by the City to remove such device. (16)Waivers. A waiver to provide relief from the requirements of this subsection, or any other applicable development standards of the LDRs of Chapter 31 of this Code, may be granted in those cases where strict application of such requirements would have the effect of prohibiting the operation and functionality of a renewable energy device. It is acknowledged that emerging technologies in renewable energy devices may also require and justify a waiver of provisions of this subsection. (i) An application for a waiver under this subsection shall be filed by the owner of the property upon which the waiver is requested, or their designated representative. The application shall be on a form provided by the City. (ii) Waivers from this section or other applicable LDRs of Chapter 31 of this Code, may be granted by the City Manager or his designee only when competent and substantial evidence demonstrates that the particular waiver or waivers requested are necessary for the operation and functionality of the particular renewable energy device to serve the energy needs of the uses and structures located on the subject property. (iii) Appeals from a decision of the City Manager or his designee pursuant to this subsection shall be made in accordance with Section 31 -83 of the Code_" ANALYSIS City staff has had inquiries from contractors as to our regulations for installation of renewable energy devices, specifically, wind turbines and solar collector panels. The City Code does not specifically address these devices. Our Code refers generally to mechanical equipment in two sections. The first reference is in Section 31 -21 of the City Code, where the description of height provides that "...mechanical equipment, chimneys, spires, steeples, radio or television antenna, flag poles, solar apparatus and utility poles" are excluded from overall building height determination. The second reference is in Section 31 -233, where architectural standards provide that mechanical equipment needs to be screened from the adjacent public road and from adjacent properties. This required 3 screening would interfere with the operation of a wind turbine or solar collector panel. Absent any specific regulation on these types of devices, an applicant would need to seek a variance from the screening requirement of the Code. Section 163.04 of the Florida Statutes regulates "Energy Devices based on renewable resources ". A copy of this Section is attached to this report. In summary, this Section prohibits the adoption of an ordinance by a governing body that prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines or other energy devices based on renewable resources. The Section further provides no deed restriction, covenant, declaration or other similar agreement may prohibit these devices and a property owner may not be denied permission to install a renewable energy device on a residential or condominium unit, with the exception of determination of specific location for solar collectors and placement on patio railings. The City Attorney has opined that the City Commission may adopt reasonable standards to support these installations while ensuring that the effect of the standards does not prohibit their installation. The proposed amendment to the Land Development Regulations is designed to facilitate the installation of renewable energy devices, as an accessory use to a principal use, to mitigate possible nuisances and to provide predictability for building owners by setting installation standards. It is also designed to continue and expand the City's "Go Green" program to promote green initiatives. To provide for consistency with Section 163.04, Florida Statutes, the proposed regulation includes an administrative waiver procedure, which provides property owners with an opportunity to obtain relief from the standards, where its strict application would have the effect of prohibiting the operation and functionality of the renewable energy device. Section 31 -77, Land Development Regulations Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The Comprehensive Plan is intended to guide future development in the City while maintaining the integrity of the built and natural environment. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The LDRs are enacted pursuant to the requirements and 4 authority of F.S. Chapter 163, Part II and the general powers confirmed in F.S. Chapter 166. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City. The proposed amendment is consistent with this purpose. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides standards for installation of renewable energy devices. 41 163.04 - Energy devices based on renewable resources. - 2011 Florida Statutes - The Florida Senate Page 1 of 2 The Florida Senate 2011 Florida Statutes TITLE XI COUNTY CHAPTER 163 ORGANIZATION AND INTERGOVERNMENTAL VIEW ENTIRE CHAPTER INTERGOVERNMENTAL PROGRAMS RELATIONS 163.04 Energy devices based on renewable resources. (1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited. (2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors. (3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney's fees. (4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will http://www.flsenate.gov/Laws/Statutes/2011/163.04 6/8/2012 163.04 - Energy devices based on renewable resources. - 2011 Florida Statutes - The Florida Senate Page 2 of 2 have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments. History. —s. 8, ch. 80 -163; s. 1, ch. 92 -89; s. 14, ch. 93 -249; s. 1, ch. 2008 -191; s. 3, ch. 2008 -227. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2012 State of Florida. http://www.flsenate.gov/Laws/Statutes/2011/163.04 6/8/2012 ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31 -238 "ACCESSORY USES" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD STANDARDS FOR INSTALLATION OF RENEWABLE ENERGY DEVICES AS AN ACCESSORY USE IN ALL ZONING DISTRICTS IN THE CITY; PROVIDING FOR WAIVER PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission places a strong emphasis on and desires to foster a sustainable and healthy environment for its residents and has adopted and promotes a "Go Green" Program and Green Building incentives; and WHEREAS, in furtherance of that emphasis and desire, the City Commission wishes to amend the City's Land Development Regulations to add standards for installation of renewable energy devices as an accessory use in all zoning districts and to provide for waivers to such standards if necessary to permit the operation of the device; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Section 31 -238 "Accessory Uses" of the Land Development Regulations is hereby amended as follows': Underlined provisions constitute proposed additions to existing text; text without underline or strike - through constitute existing text. Ordinance No. 2012 - Page 2 "Sec. 31 -238. Accessory Uses. (a) General. No accessory uses shall be permitted in a required yard or bufferyard area, except as set forth below. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located and in no event shall an accessory use be established prior to the principal use to which it is accessory. No permanent structures shall be permitted in utility easements without the written prior approval of the appropriate utilities, and the concurrence of the City. "(o) Renewable Energy Devices Non - commercial renewable energy devices, including solar collector panels, wind turbines, clotheslines and other energy devices using renewable resources, shall be permitted as an accessory use in all zoning districts, provided that: (i) the device installation complies with all site development standards of this subsection, complies with the applicable zoning district and complies with the landscape standards of these LDRs and provided that: (ii) excepting solar collector panels, the number and size of renewable energy devices installed on a property shall not exceed the total number of kilowatts needed to generate the amount of energy required to serve the established uses located on the property upon which the renewable energy devices are installed: (iii) any sell -back of energy shall be made only as authorized by law and further provided that: (iv) the followinq conditions are met: (1) The device installation shall not create a nuisance as determined by the City Manager or his designee: (2) The device installation shall not interfere with any existing broadcast, transmission or reception antenna, including, but not limited to the City's emergency communication system: (3) The device or devices shall be installed in a manner to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard: (4) The device or devices shall not be mounted on or supported by building walls unless approved by the City Manager or his designee: (5) No signage, advertising, pennants, ribbons, balloons, flags, banners or similar material shall be placed on any renewable energy device: (6) The device installation shall not be placed on patio or balcony railings in condominiums, cooperatives or apartments: (7) The device installation shall comply with all applicable building, fire and life safety codes and regulations, as evidenced by obtaining all necessary permits prior to installation: (8) Wind turbines shall not exceed the higher of 18 feet above the main roofline or the manufacturer's recommended height for the particular model to be installed; Ordinance No. 2012 - Page 3 (9) Roof - mounted wind turbines and other related rooftop equipment and structures shall not occupy more than 5% of the roof area; (10)Wind turbines shall be painted a non - reflective, non - obtrusive color that conforms to the environment and architecture of the community; (11) Solar collector panels shall not project above the ridge of a sloped roof and shall not project more than 5 feet above the finished slope of the roof surface or more than 5 feet above the deck or parapet of a flat roof. No part of the device shall extend beyond the edge of the roof. All mounting hardware, electrical and other connections required for operation of the panels shall be screened from view; (12)No lighting of a renewable energy device is permitted, except as required by Federal Aviation Administration or other agency having jurisdiction; (13)Ground installations shall comply with the site development criteria of the applicable zoning district; (14)Any renewable energy device found to be unsafe by the Building Official shall be repaired by the property owner to meet all federal, state and local safety standards or shall be removed within 30 days of such determination of the Building Official; (15) if any renewable energy device is not operational for a period of 12 consecutive months or more, the device shall be removed by the property owner within 30 days (16) other applicable development standards of the LDRs of Chapter 31 of this Code, may be granted in those cases where strict application of such requirements would have the effect of prohibiting the operation and functionality of a renewable energy device. It is acknowledged that emerging technologies in renewable energy devices may also require and justify a waiver of provisions of this subsection. (i) An application for a waiver under this subsection shall be filed by the owner of the property upon which the waiver is requested, or their designated representative. The application shall be on a form provided by the City. (ii) Waivers from this section or other applicable LDRs of Chapter 31 of this Code, may be granted by the City Manager or his designee only when competent and substantial evidence demonstrates that the particular waiver or waivers requested are necessary for the operation and functionality of the particular renewable energy device to serve the energy needs of the uses and structures located on the subject property. (iii) Appeals from a decision of the City Manager or his designee pursuant to this subsection shall be made in accordance with Section 31 -83 of the Code." Section 3. 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. Ordinance No. 2012 - Page 4 Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , and upon being put to a vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by , who moved its adoption on second reading. This motion was seconded by , and upon being put to a vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Ordinance No. 2012 - Page 5 PASSED on first reading this 10th day of July, 2012. PASSED AND ADOPTED on second reading this day of , 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2012. CITY OF AVENTURA OFFICE OF THE CITY MANAGER TO: City Commission FROM: Eric M. Soroka, ICMA -CM, CitAapaber DATE: June 14, 2012 SUBJECT: Ordinance Amending 2012/13 Charter School Fund Budget 15t Reading July 10, 2012 City Commission Meeting Agenda Item 2nd Reading July 19, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2012113 Charter School Fund Budget incorporating the School Administration re- organization plan outlined at the June Workshop Meeting. BACKGROUND As discussed at the Workshop Meeting, the vacancy in the Vice Principal position that recently occurred at the Charter School provided the opportunity for the Principal to review the organization of the school administration. The Principal is recommending that the following position reclassifications: • Reclassify the Dean of Curriculum position to Assistant Principal. The position will be a City employee. • Reclassify the Dean of Discipline & Operations position to Assistant Principal. The position will be a City employee. • Reclassify the Vice Principal position to Dean of Academics. The position will be a CSUSA employee. The reorganization will result in a savings of $15,000 and maximizes the leadership team's ability to support a seamless K -8 instructional program. If you have any questions, please feel free to contact me. EMS /act Attachment ORDINANCE NO. 2012 -07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -05, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2012/2013 (JULY 1 — JUNE 30) BY REVISING THE 2012/2013 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2012/2013 Operating and Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2012 -05, which Ordinance adopted a budget for the 2012/2013 fiscal year for the Aventura City of Excellence School by revising the 2012/2013 budget as Ordinance No. 2012 -07 Page 2 set forth on the attached Exhibit "A ", which exhibit is deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb FA Ordinance No. 2012 -07 Page 3 PASSED AND ADOPTED on first reading this 10th day of July, 2012. PASSED AND ADOPTED on second reading this 19th day of July, 2012. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 SUSAN GOTTLIEB, MAYOR Exhibit A Budget Amendment Position Reclassifications Pos. No. From To 7300 -002 Vice Principal Dean of Academics 5102 -040 Dean of Discipline & Operations Assistant Principal 5101 -042 Dean of Curriculum Assistant Principal 2011112 2012113 Function Job Class Full Time Part Time Full Time Part Time 5101 Teacher 31.00 - 31.00 - Para - Professionals - 7.00 - 7.00 Beading Specialist 1.00 1.00 Instructional Counselor 1.00 1.00 Assistant Principal 1.00 1.00 Aide 1.00 1.00 5102 Teacher 39.00 - 40.00 - Assistant Principal 1.00 1.00 Aide 1.00 1.00 5250 Teacher 2.00 - 2.00 - Dean of Student Services 1.00 1.00 5901 Substitute Teacher 1.00 - 1.00 - 6200 Media Specialist 1.00 1.00 1.00 1.00 7300 Principal 1.00 - 1.00 - Dean of Academics 1.00 1.00 Business Manager 1.00 - 1.00 - Administrative Secretary 1.00 - 1.00 - Beceptionist 2.00 - 2.00 - BegistrarlCom pliance 1.00 1.00 Computer Network/Tech 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 Total, fl0: 91.00 M.00 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC -C City Manager BY: Joanne Carr, AIC Community Development Director DATE: May 21, 2012 SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the land use designation of land at 3250 NE 188 Street totaling 7.082 acres from Business and Office to Medium High Density Residential (01- CPA -12 - Small Scale Amendment) June 5, 2012 Local Planning Agency Agenda Item Li A ZI June 5, 2012 City Commission Meeting Agenda Item July 10, 2012 City Commission Meeting Agenda Item-94- RECOMMENDATION It is recommended that the City Commission: 1. Approve the small scale Comprehensive Plan amendment to change the land use designation of land at 3259 NE 188 Street totaling 7.082 acres from Business and Office to Medium High Density Residential future land use category, and 2. Approve the transmittal of the adopted amendment to the Florida Department of Economic Opportunity, Division of Community Development, pursuant to Chapter 163, Florida Statutes. THE REQUEST The applicant is requesting a small scale Comprehensive Plan amendment to change the land use designation of a parcel of land at 3250 NE 188 Street totaling 7.082 acres from Business and Office to Medium High Density Residential to facilitate a rezoning of the parcel from OP (Office Park) District to RMF3B (Multifamily Medium Density Residential District) with density limited to a maximum of 225 dwelling units for the entire 7.082 acre parcel. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT LOCATION OF PROPERTY SIZE OF PROPERTY BACKGROUND Happiness, Inc. PMG Aventura, LLC 3250 NE 188 Street See Exhibit #2 for Location Map See Exhibit #3 for Aerial Photograph Approximately 7.082 acres Upland Parcel is 6.529 acres Submerged Parcel is 0.553 acres This site is a vacant parcel of land on the south side of NE 188 Street to the south of the Aventura City of Excellence School, the Aventura Community Recreation Centre and the Aventura Arts & Cultural Center. It is approximately 7.082 acres which includes approximately one -half acre of submerged land. The site is currently designated Business and Office on the City's Future Land Use Map and zoned OP, Office Park District, on the City's zoning map. The previous County zoning was for industrial uses on this parcel. The existing future land use designation of Business and the Office and Office Park zoning category were assigned to this property when the City's Comprehensive Plan and Land Development Regulations were adopted in 1998 and 1999 respectively. At that time, the other parcels on the street were being used for marine manufacturing. They had a future land use designation of Industrial and Office and a zoning category of TC2, Town Center Marine District, which allowed the continuation of the marine manufacturing businesses. This site, along with the site to the north, which now contains the City's Community Recreation Center, the Arts & Cultural Center and the Aventura City of Excellence School, was envisioned for office buildings as a compatible use with the existing manufacturing businesses. In 2002, the marine manufacturing parcels were changed at the request of the owners from Industrial and Office to Medium -High Density Residential future land use and from TC2, Town Center Marine zoning district to RMF3A and RMF3B, Multifamily Medium Density Residential zoning districts. The multifamily projects, including Uptown Marina Lofts, the Atrium, Artech, Eastside and 3030 at Aventura were built following those land use and zoning changes. The future land use and zoning on the parcel which is the 2 subject of this report remained the same since no request to change was received from the owner. ANAI YRIR Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North Properties to the South Properties to the East: Properties to the West: Business and Office Business and Office & Parks & Recreation Medium -High Density Residential Dumfounding Bay Medium -High Density Residential OP, Office Park District CF, Community Facilities District RMF3, Multi - Family Medium Density Residential District CNS, Conservation District RMF3B,Multi- Family Medium Density Residential District vacant performing arts theatre, recreation center residential condominium water residential condominium Access — The parcel access is from NE 188 Street. city school and community Conformity to City Comprehensive Plan — The amendment is consistent with the goals, objectives and policies of the City's Comprehensive Plan. More specifically, the proposal is consistent with the following policies in the Future Land Use, Transportation, Parks and Recreation and Coastal and Conservation elements of the Plan: Future Land Use Element Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would.- 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; 3 The 2010 census shows that the City's population is continuing to grow, the median age is lower and family size is larger. This proposed residential use will accommodate projected population growth. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. Water — The intensity of maximum FAR of office and commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. Sewer — The intensity of maximum FAR of office and commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. Mass Transit — A bus transit facility that connects City, Miami -Dade County and Broward County transit systems is located at Aventura Mall, approximately 0.7 miles from the subject property. The existing public sidewalks and the connection to the existing pedestrian promenade along the canal will provide pedestrian linkage to transit services that are safe and convenient to transit users. Parks and Recreation — The City presently exceeds LOS standards for park space, therefore, provision of service at adopted level of service standard will not be impeded by this development. Stormwater Drainage — The intensity of maximum FAR of office and commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. Solid Waste — The intensity of maximum FAR of office and commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and The proposed amendment is compatible with abutting and nearby residential land uses and protects the character of the neighborhood. The proposed residential use on this property will support the three existing City facilities to the north. !! 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendment will not degrade the environmental or historical resources, features or systems of significance. All clearing of the site will require a County Environmental and tree removal permit. Policy 8.3 The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units, projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. The proposed amendment will accommodate residential development in suitable locations and densities; accommodate projected availability of service and infrastructure capacity; accommodate proximity and accessibility to employment, commercial and cultural centers, accommodate character of existing adjacent or surrounding neighborhoods; accommodate avoidance of natural resource degradation; accommodate maintenance of quality of life and creation of amenities. Policy 10.1 Aventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. The proposed amendment will facilitate redevelopment of an underdeveloped, vacant lot. Policy 12.1 All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended from time to time. Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding 12 hours. Property Location Lot Size Increase in Density Population Factor Overall Increase in Population 3250 NE 188 7.082 ac 31.77 du /ac 1.99 448 persons Street (density limited by proffered covenant 5 Based on the latest South Florida Regional Planning Council evacuation model, it is determined that the increase of 225 dwelling units resulting from the proposed amendment will increase the clearance time by 5.06 minutes or .08 hours. That additional time increases the present evacuation time of 11.57 hours (11 hours and 34.4 minutes) to 11.65 hours (11 hours and 39.46 minutes). Transportation Element Policy 1.5 The City will develop transportation management strategies, such as (but not limited to) traffic calming techniques and neighborhood design concepts to improve efficiency and enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi -modal transportation system. There are existing public sidewalks along the frontage of this site. In order to obtain increased building height , as provided by the City Code, the applicant will be constructing the last piece of the pedestrian promenade along the adjacent canal that will connect to the existing promenade at the Aventura Arts & Cultural Center and continue along the rear of the three residential buildings to the west. The promenade, along with the existing public sidewalk, will provide pedestrian linkage to transit service facilities that are safe and convenient to transit users. Policy 4.3 Transit service shall be linked to major trip attractors and generators and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. This new residential development will be required to provide pedestrian linkage to transit service facilities that are safe and convenient to transit users. Parks and Recreation Element Policy 4.1 The City adopts a level of service requiring 2.75 acres of net useable park land per 1,000 residents, implemented by the concurrency management system. The estimated current population for the City of Aventura is 35,762. 225 additional dwelling units results in a population increase of 448 people as shown in the table above. The amount of park and recreation land required by this park standard is 98.34 acres. The existing available park and recreation land, using the calculations provided in the Level of Service Standards, is 115.45 acres. Therefore, no deficiency exists and the proposed amendment will not create a deficiency in this standard. 9 Conservation and Coastal Management Element Policy 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. The traffic generation table provided later in this report supports the proposed amendment in that decreased projected vehicle trips per day enhances the provision of transportation (traffic) services, thereby maintaining the adopted levels of service on local roadways to achieve a reasonable evacuation time. Urban Design Element Policy 1.7 The location of parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments shall be co- ordinated to provide maximum user safety, while improving the comprehensive aesthetic appearance of Aventura. The applicant will be required, through the site plan review process, to locate parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments to maximize user safety and improve the aesthetics of the City. Traffic Generation — The applicant's traffic engineer has prepared a trip generation report to compare trips based on existing permitted land uses and based on the proposed amendment. The report dated May 15, 2012 prepared by Calvin Giordano & Associates Inc. is attached as Exhibit #4. The report has been reviewed and approved by the City's Traffic Engineering Consultant. Applications Land Use Daily Trips AM Peak PM Peak Area Category Hour Trips Hour Trips (7.082 acres) Existing Land Use Business & Office 4,091 601 559 Designation all office use) Proposed Land Medium High 1,307 99 117 Use Designation Density Residential The report indicates that the proposed residential land use generates approximately 2,784 less daily vehicular trips than the existing commercial zoning and when compared to the am peak and pm peak hours, generates approximately 502 to 442 less trips, thereby resulting in significantly less impact on the City's road network as compared to the existing business and office land use designation. School Impacts — The application has been provided for comment to the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board. Also in accordance with the Interlocal Agreement, the School 7 Board has been invited as a non - voting member of the Local Planning Agency for this application. The application has been analyzed by the School Board for compliance with the level of service contained in the Interlocal Agreement. The Board's letter dated May 21, 2012 is attached as Exhibit #5. This preliminary analysis concludes that the required level of service standard is met. The level of service standard in the Interlocal Agreement is the same level of service standard contained in the Education Element of the City's Comprehensive Plan. The concurrency analysis shows that anticipated student generation for this development will be 16 seats for elementary, 8 seats for middle school and 10 seats for high school. The public elementary school in our Concurrency Service Area has no seats available, the public middle school is 101 seats over capacity and the public high school is 409 seats over capacity. The level of service standard provides that, in the event no capacity is available within a concurrency service area, the School Board may look to adjacent concurrency service areas to provide that capacity. The adjacent service areas' elementary, middle and high school do have sufficient capacity. Therefore, the required level of service standard for education is met. The final concurrency determination and reservation of capacity is made by the School Board once a site plan or plat is approved. It should be noted that capacity as calculated for concurrency measurement and reservation does not necessarily equate to seats that may be open for enrollment at any particular time. Conformity to City Land Development Regulations — The proposed amendment will facilitate a proposed rezoning from OP, Office Park District to RMF313, Multi - Family Medium Density Residential District. Coastal High Hazard Location — The location of this site is not in a designated coastal high hazard area. EXHIBIT #1 PMG Aventura, LLC 01- CPA -12 Real Estate Principals Date: May 2, 2012 To: City of Aventura Re: Letter of Intent To Whom It May Concern - COMMUNITY DEVELOPMENT CITY OF AVENTURA MA _ :4 2012 INITIAL Please accept this Letter of Intent ( "Letter ") as an expression of interest on behalf of PMG Aventura, LLC ( "PMG ") to develop a luxury residential condominium project located at 3520 NE 188' Street ( "Property "). With over twenty five years of development experience, and more specifically a concentration in high end residential product, we are looking to create a landmark development for not only the Aventura area, but the entire South Florida market. The proposed development would allow for an eleven (11) story residential condominium building, consisting of 225 residential units. Additionally, in accordance with Aventura Municipal Code Section 31- 143(g)(9), there shall be no maximum floor area ratio. Per the identified code Section, we propose to dedicate the west two (2) acre portions of the site to the City of Aventura. f=urther, as is known by the City of Aventura, a decaying structure currently exists on the proposed site. Regardless of whether or not the structure is located on our property in its entirety or encroaches upon the proposed dedicated portion, we are committed to removing the structure at no cost to the City of Aventura. In accordance with Aventura Municipal Code Section 31- 143(g)(8), we intend to provide a Pedestrian Promenade for use by the general public in connection with both our remaining property and the west two (2) acre portions to be dedicated to the City of Aventura, again at no cost to the City. Any assistance PMG and /or correlating contractors can provide to the City for developing the dedicated parcel will be available at reasonable cost /market cost if the city elects to do so. In order for the project to be unique, the development team must be unique. PMG plans to use a combination of a premier local architect in conjunction with a world -class design architect. Additionally, PMG's local experience will allow for an easy selection of local experienced consultants ranging from the MEP to landscape architect. More importantly, PMG will include a renowned interior design firm to maximize design and luxury for all common spaces, shaping the look and feel of the remaining 5 -acre parcel. The proposed project would incorporate a design the compliments the local environment, which includes not only green space & bay, but the Aventura Arts and Cultural Center. The amenities will include everything from a world class gym to private concierge services. The proposed units would average anywhere from 2,500 to 3,000 square feet with finishes of the highest standard. This project is PMG's third luxury development Miami in the past 5 years. In 2009 PMG delivered Mei Miami Beach, a 134 -unit luxury development located on 58°i and Collins, which is currently regarded as one the premier residential buildings in Miami Beach. More recently, PMG purchased a parcel located at 9501 Collins Avenue and is currently under development. The project, otherwise called 9511 on the Ocean, is a boutique beachfront development featuring 7- private, exclusive luxury homes. 19495 Biscayne Blvd. # 410, Aventura, FL 33180 1 305.917.1070 PMG Aventura, LLC Real Estate Principals It is our intention to begin the rezoning process as of May 15' and work towards achieving a plan that mutually benefits both parties and the community. We look forward to working with the City of Aventura over the coming months. PMG Aventura, LLC Sincerely, Ryan Shear Managing Director 19495 Biscayne Blvd. # 410, Aventura, Ft 33180 1 305.917.1070 AIM w. i ��jj'' ggar 33 T, wr 4 IV ell oil ir.., . ' -r+ -• qty- 47 s,. 411 .! t \T a Y x + rn�3e�yDate _i.2G'.1 . ,.,' '•J ��J ,,:t 4�'f r:v Eti �(G C o(� Slt nay th i p y_Calvin, Giordano Associates, Inc. ( E A C E P T 1 O N A L 5 0 L Ll T 1 O N 5 Memorandum ❑ Fort Lauderdale Office -1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316 Phone., 954.921.7781 . Fax: 954.921.8807 ❑ Palm Beach Office - 560 V llage Blvd., Suite 340, West Palm Beach, Florida 33409 Phone: 561.684.6161 . Fax: 561.684.6360 DATE: May 15, 2012 TO: Mr. Ryan Shear PMG Aventura LLC 19495 Biscayne Boulevard, Suite 410 Aventura, FL 33180 FROM: Jeffery Maxwell, PE, PTOE Calvin, Giordano & Associates, Inc. (CGA) 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 SUBJECT: Magnum Marine Plat Traffic Statement EXHIBIT #4 01- CPA -12 Per your request, CGA has completed a trip generation analysis for project site know as the Magnum Marine Plat in the City of Aventura, Florida. Existing zoning currently allows for development of 428,560 square feet of general office. It is our understanding the proposed land use will consist of up to 225 condominium units in place of general office. Trip generation estimates were calculated for the currently approved land use as well as the proposed land use based upon trip generation rates contained in the 8" Edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE). Trips were calculated for a standard weekday as well as the morning and evening peak -hours of adjacent street traffic. As indicated on the Trip Generation Table included with this memorandum, the proposed change in land use will result in a net decrease in traffic attributable to the site. The proposed 225 -unit condominium development is expected to generate 2,784 fewer trips during a typical weekday as well as 502 fewer trips during the AM peak -hour and 442 fewer trips during the PM peak -hour. This corresponds to approximately 68% fewer weekday trips, 84% fewer AM peak - hour trips and 79% fewer PM peak -.hour trips if the site is developed with residential uses rather than general office uses. Please feel free to contact the undersigned should you desire any additional information. v�Ntitttl l III rril p� A. Jeffery Maxwell, PE, PTOE RWeisT Florid I)fessional Engineer Number 71659 •0 ' STATE OF `Date: gyp'•' AL e` II! tl PAPLANN ING REFERENCE\LORNA2UEFF M\05 -15 -12 MAGNUM MARINE PLAT TRAFFIC STATENIENT.DOCJ () nnz 0 0 0 0 `nom �rnm N N N W O O O b d xx� 5 a ado n u O y t" a � X + .t 0 0 N N U Pte.. J � o p ss ... w e a 00 a F 00 C) 000 ^o J J ;l O O O b C7 n � $ c � c m o a r a R. 0 u�r I..i II q 0 O o + i [- w U 5 ? a o w Oda H A7n �z CyI; w H �z b H y tai f C 0 J N �w A N DO N N Q\ O U � � d f C "r 00 C O N tr tr (D N fD 00 � o 04 ►! 0. TO l9 � b w < aVO O �o O �0 w 0 0 .q J J ti b' to N O J w o pp o � o e O oo N oo N O G O J N J N e V U U 00 00 G w �. w O 00 H A7n �z CyI; w H �z b H y tai Superintendent of Schools Alberto M. Carvalho May 21, 2012 VIA ELECTRONIC MAIL Jeffrey Perlow, Esquire c/o Aventura on the Bay 3250 NE 188 Street Aventura, Florida 33180 Miami -Dade County School Board Perla Tabares Hantman. Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross- Mindingall Carlos L. Curbelo Renier Diaz de la Porola Dr. Wilbert `Tee" Holloway Dr. Martin Karp Dr. Marta P6rez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS AVENTURA ON THE BAY (01 REZ 12) LOCATED 3250 NE 188 STREET PH2812051000175 — Folio Nos. 2822030530010 and 2822030530020 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above - referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed project would yield a maximum residential density of 225 multifamily units, which generates 34 students; 16 elementary, 8 middle and 10 senior high students. At this time, schools have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305 -995 -4501. Since I n M. Rodriguez, R.A. Director I IMR:ir L555 Enclosure cc: Ms. Ana Rijo- Conde, AICP EXHIBIT #5 Ms. Vivian G. Villaamil 01- CPA -12 City of Aventura School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo- Conde, AICP, Eco- Sustainability Officer- 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305- 995 -7285. 305 - 995 -4760 (FAX) • arlo @dadeschools.net Concurrency Management System (CMS) Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH2812051000175 Local Government Aventura Date Application Received: 5/10/2012 3:14:52 PM LG Application 01 REZ 12 Number: Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: Address /Location: Master Folio Number: Additional Folio Number(s) PROPOSED # OF UNITS SINGLE - FAMILY DETACHED UNITS: SINGLE- FAMILY ATTACHED UNITS: MULTIFAMILY UNITS: Aventura on the Bay 3250 NE 188 Street, Aventura, Florida 2822030530010 2822030530020, 225 0 0 225 CONCURRENCY SERVICE AREA SCHOOLS CSA Facility Name Net Available Seats Seats LOS Source Type Id Capacity Required Taken Met 231 AVENTURA WATERWAYS 0 16 0 NO Current CSA K -8 CENTER 231 AVENTURA WATERWAYS 0 16 0 NO Current CSA Five K -8 CENTER I Year Plan 6241 HIGHLAND OAKS MIDDLE -101 8 0 NO Current CSA 6241 HIGHLAND OAKS MIDDLE 0 8 0 NO Current CSA Five Year Plan 7141 DR MICHAEL M KROP -409 10 0 NO Current CSA SENIOR HIGH 7141 DR MICHAEL M KROP 0 10 0 INO Current CSA Five SENIOR HIGH Year Plan ADJACENT SERVICE AREA SCHOOLS 2581 MADIE IVES COMMUNITY 153 16 16 YES Adjacent CSA ELEMENTARY 6301 JOHN F KENNEDY MIDDLE 111 8 8 YES Adjacent CSA 7381 MIAMI NORLAND SENIOR 808 10 10 YES Adjacent CSA HIGH *An Impact reduction of 17.64% included for charter and magnet schools (Schools of Choice). hDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will :)e made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 - 995 -7634 / 305 - 995 -4760 fax / concurrency@dadeschools. net 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 ?Nb ftvro1 4r j,u—c— mt ��i�� — 1 �Gl� Relationship (i e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) r1 , eo1v �-V) oiLWCJ0e)C' b_LN4-IrW'(,/ (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)(rV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS W DAY OF f'JS�_ AUTHORIZED REP SENTATIVE APPLICANT: (Signature) Name:a t�t�r� /r,n.. Cs72�t � (print) Title; Arp R l!i Address: I4 Ave, 1V ,V v ,,. 41, roc, #-'4. 33 t fs 0 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) cl Address: `,t�I �C G tYIC CA VCS Before me the undersigned authority personally appeared Y._eyi.") 1ICs C Applicant and /or the owner of the property subject to the application, Who being first me ii executed this Affidavit for the purposes stated therein and that it is true and come . ` t AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this L day of `1i e 20� No ubli S; DELILAH PHELAN Print 6d e of �. . ��• : S Notary Public State of Florida My commission t 11, My Comm. Expires Dec 30, 2012 Commission # DD 848323 C, r t `' r—L- tativ the did s ear or affirm chat t he/she lshe Representatives Name ,fZAt,JK k )q, MaI\l ,Ron S k"VIc Relationship Ge4txrcI C6L/�s�1 p-TTO C 0 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) 114 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. [ j 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or 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. f 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; (] 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 $25,000 00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY Of 200_. APPLICANT: (signature) Title i Gtr DAY OF C'fI C T 2042, By: Title' 'The to `usfness Relationship, " "Client, " "Customer, " 'Applicant, " 'Representative" and "Interested Person" are defined in Section 2- P' the Aventura City Code. 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) [y� 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. Affianl 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: I l 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; (] 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; [) 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year, WITNESS MY HAND THIS A 0 DAY OF 2002. APPLICANT: By: Name: Title: W OPER By: THIS i L DAY OF 204 'The teAs 'B"usiness Relationship, " "Client, " "Customer' 'Applicant, " "Representative" and 'Interested Person" are defined in Section 2-3f the Aventura City Code. BUSINESS RELATIONSHIP AFFIDAVIT* yam; ��J oft'.Fr This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Avehtura Land Development Code. The undersigned Affiani hereby discloses that: (mark with 'x* applicable portions only). (y�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. Aflianf 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: Hi 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; (Iii. 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 Cily Commission or Board; [ J iv. A City Commissioner or Board member is a Client of 1he 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, 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 APPI fiCANT: By: Title: DAY OF — 200)- —� !+ i LO DAY OF. 204? 'The IeL S '�ug�iness Relationship, " "Client, " "Customer, " 'Applicant " "Representative" and "Interested Person" are defined rn Section 2-34�;dflhe Aventura City Code. 'i WITNESS MY ; THI, DAY OF "Cc _ 204; tF . SEN , ,U Listed on Business Relationship Affidavit) By:-- i _ (signal Name:_') b --nv (Print) Title:_, �'.- �, C'r� (Print) By: ( Signature) Title: _ (Print) Title: _(Print) By: (Signature) Title: (Print) Title: (Print) By (Signature) Title: (Print) Title: (Print) By: _ (Signature Name: (Print) Title:_. (Print) By: (Signature Name: (Print) Title:_. u. (Print) By: (Signature Name:_ (Print) Title:___,_____ By: (Signature Title: (Print) Title: _ (Print) By;____ (Signature Title:_,.^__ (Print) Title:-- (Print) By: (Signature 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. 3 t -7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION TATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appearedb{ l- ._L)Cr,1:hC-,j the Affiant, executed this Affidavit for the purposes staled therein and that it is true and correct. �– 1 NN OANDSUBSCRIBED before me this _tom- day of r . , 20 2 ✓ /. DELILAH PHELAN Notary e • l06 . Notary Public - Stale of Florida a�� Aga My Comm. Expires Dec 30, 2012 Printed Na N lary 0, F��p Commission # OD 848323 My commission expire '4 OF P STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) by,me duiy sworn, did swear or affirm that he /she Large Before me, the undersigned authority, personally appeared ►'%..��G` the AffianL who ing first by me duly swan, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and co ect. AFFiANT I TO AND SUBSCRIBED before me this u' day of _ t�` ,!(_- _. 2* DELILAH PHELAN of i tot eofF At Large • „ Notary Public - State of Florida P me ame of Not My Comm. Expires Dec °•. °,;,',;, °.• ° Commissiop re n� a 30, 2012 My commission expires:_,__-., _ – -- -- •---- -- - --- -- STATE OF FLORIDA ) ,OUNTY OF MIAMI -DADE) f Before me, the undersigned authority, personally appeared i rGi w^? -�G >`h� r e ffiant who bein First• by me ly swan, did swear or affirm that he/she executed this AffdaAt_for the purposes stated therein and that it is true and correct. `WORN TO AND SUBSCRIBED before me this k day of J_ 20 • _ _ ?Q +nPY.PV��, DELILAH PHELAN Notary ublic Y State of Florida � Ar; My Comm. Expires Dec 30, 2012 ' '' 0 Commission # DD 848.19'4 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. SWORN TO AND SUBSCRIBED before me this _, �,__ day of . -__ , _,,__ -, 200_. Notary b i torte f loin AI �. `_'_ PrirAed N ine of Notary My commission expiresj 3J tZ the Affiant, who being first by me duly sworn, did swear or affirm that he/she Notary Pubiic State of fbdda At `large Printed Name of Notary My commission expires:_, `, BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(0) of the City of Avehtura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' app�l;cabe portions only) Affiant does not have a Susfness Relationship with any member of the City Commission or any City Advisory Board to vvh'rciI the applfcation %vill be presented, 1112. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to %vhich the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) vrho serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follaus: Member of City Commission or Board holds an ownership interest in excess of I% of total assets or capital stock of Applicant or Representative; (] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corpofation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative In any business venlure; [ 1 iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional vrorking 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 Represen(alive; [ [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 $ [0,000.00 of the business of the member of the City Commission or Board (or his of her emptoyer) 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF :mot_ �Y' 10 12 2gg�, IL0 DAY OF- P/1 C.i ---1 20Q2— 'The tgrrAs ;ness Relationship,' Client, ` Cuslonrer, " Applicant, ° Represerilalive' and `Interested Person' are defined in Section 2 3dithe Aventura City Code. WITNESS MY HAND THIS L6 DAY OF M e�' LO ( Z- , 200, --REPRE�SEN�TATIVE'�Ii,ted o ess Relationship Affidavit) ray '.- By: - Name: Name: (Signature Til V e . , 6 r-- kj F� 1,4 ( e 0 w,-) 5,,f L {Print) Title:_—_ (Pnol) By :_,___ _ .— (Signature) Name:. (Print) Title: (print) By: (Signature) By—,..——. Name-,,,. __(Print) Title: (Pam) By: (Signature) Title,- _____(Print) Title: By (Signature Name: (print) Title......_ (Print) By: (Signature Name. (Print) TiVe:----_. (Plint) By—,..——. (Signature Title: (Pam) Title- (Print) 3y— By: (Signature Title Titter. -......._ (Pont) Title �, � - . ... . ... (Print) BY',— (Signature) Titie:— _(Print) Title By; (Signature Title 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 See. 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. /d 4a STATE OF.�B A ) -" UNTY OF ttdl4�tff�BRDE) NOTARIZATION PROVISION A) ; / Before me, the undersigned authority, personally appeared _ , /Ii KC (�rf 'fie Atfivant, who being first b ul worn, did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is true and correct. AF FTANT SW N TO O melhjs D. - day of ii!!A�' y E00_ iY�(NN1KC 40.01 WO43MB5 1 7, Qualified in Quems County No ary Public Stale of Flonda e C:37-anission Expires July 14. 20 f _._.._ , N_.. _._ -.- t Printed Name o otary My commission expires.-,-- --------------------------------- STATE OF FLORIDA ) COUNTY OFMIAMI -DADE) Before me, the undersigned authority, personally appeared the Affiant, 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. AFFIANT_____.SWORN TO TO AND SUBSCRIBED before me this _ - day of -, -, . _,- _- _ , 200_ -- -- ---- _- -------------------------- STATE OF FLORIDA ) "—')LINTY 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, SWORN TO AND SUBSCRIBED before me this ,, day of _,-._ __-.,. , 200. 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. SWORN TO AND SUBSCRIBED before me this _day of .__ , �,,,.,_-__, 200_. Notary Public State of Florida At Large Prnted Name of Notary My commission expires:__ the Affiant, who being fist by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Flonda At Large Printed Name of Notary My commission expires:_-, _,_,_, the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires: BUSINESS RELATIONSHIP AFFIDAVIT* A.4ryK. This Affidavit is made pursuant to Section 31- 71(bX2)(ii) of the City of Aventura Land Development Code. The undersigned Affaint hereby discloses thal: (mark with "x' applicable portions only) [V(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. [ J 2. Affiant hereby discloses that ii 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: [ ] 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, [ ] 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. (]Ili 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; [) 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; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,00000 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS A i- DAY OF 04 20P APPLICANT: By. (Signature) me: n H. t -1 ow (Punt) Title Jg (Print) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER By:_ (Signature) Name: (Print) Title: (Print) 'The terms "Business Relationship,' "Client" "Customer," "Applicant, " "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. 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 Affiani hereby discloses that: (mark with "x' applicable portions only) [v�,, 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. Affianl 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 [ ] 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. (] li. 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: [ ] 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 16 DAY OF , 2V APPLICANT: By: (Signature) Name: aQ N I111=8 J T - _(Print) Title re6q Vli j (Print) WITNESS MY HAND THIS DAY OF , 200_. PROPERTY OWNER: (Signature) Title: 'The leans "Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and "Interested Person" are defined to Section 2 -395 of the Avenlura City Code. BUSINESS RELATIONSHIP AFFIDAVIT* A'ay,rt. 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: [ ] 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. 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, []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than `025,000.00 of the business of the Applicant or Representative in a given calendar year. fl WITNESS MY HAND THIS !D DAY OF 20j- APPLIC B (Signature) Name: (Print) Title: A71VyUki i (Prins) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER: By:_ (Signature) Name: (Print) Title: (Print) `The terms "Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code Title Title: (Print) By:_ (Signature) Title: (Print) Title:_ (Print) By: (Signature) Title (Print) Title: (Print) Title: (Print) Title:_. (Print) By: (Signature Title: (Print) Title:. (Pant) By:,_ (Signature Title (Print) Title:___ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. WITNESS MY HAND THIS lt6 DAY OF M4 2064. REPRESENTATIV . (Lisle on Business Relationship Affidavit) (Signature) By: _ (Signature �//yy!! Name:��iT'! 1 /y Aelyh/ (Print) Name: (Print) Title: t) Title: (Print) By: (Signature) By: (Signature NamAof t .7*VA*-VY7-4' (Print) Name: (Print) Title: l�Tl�d �t+✓E (Print) Title: (Print) B yLe Signature) By: (Signature Name: IJ 4 S� rVG� (Print) Name:_. (Print) Title: A ��N�`i (Print) Title: (Print) By: (Signature) By: (Signature Title Title: (Print) By:_ (Signature) Title: (Print) Title:_ (Print) By: (Signature) Title (Print) Title: (Print) Title: (Print) Title:_. (Print) By: (Signature Title: (Print) Title:. (Pant) By:,_ (Signature Title (Print) Title:___ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared jtJ0 k �"'_ the Affiant, who be rst me duty sworn, did swear or affirm that he /she executed this Affidavit for the purposes stated therein and that it is true and correc!! / APFIANT :� GLADYS OTERO SWORN TO AND SUBSCRIBED before me this .L day otk_ 2 � — ,✓ phY COMMIS!:-" ON # EE078119 _ _ __ _ •% ?I EXPIRES March Notary Public State Florida Al Large 4Q7) 31x6 0153 FioddallotaryServic Printed Name of Notary My commission expires:_...___._,.._ STATE OF FLORIDA ) COUNTY OF MIAMI - DADE) "/,q�� /]� Before me, the undersigned authority, personally appeared �A' ' ''-"the A(fiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit lot the purposes stated therein and that it is true and corr l FFIAN GLADY SWORN TO AND SUBSCRIBED before me this � day of Hc! BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(1b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x' applicable portions only) lvlli� 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: hi 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 corporafion which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; i l 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; 3 iv. A City Commissioner or Board member is a Client of the Applicant of Representative, I 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 JL DAY OF Y__Y " 20b2 APP By., - 6 (Signature) Name f X6.1CL- (Print) Title: ?/2r=re ✓GrrR `(Print) Cf1LYlr✓� G�oti��ro- r- �S'lt�ct+�r°tSrivc. WITNESS MY HAND THIS DAY OF PROPERTY OWNER; By:_ ( Signature) Name: _(Prinl) Title:_ (Prin!) 'The terms "Business Relationship," 'Ch'enr," "Customer Applicant," "Representative` and 'Interested Person" are detned is Seclion 2 -395 of the Aventura City Code. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMi -DADE) Before me, the undersigned authority, personally appeared5F IFFE'R ' —"CWhe Affant, who being first by me d sworn, did swear or affirm that he/she executed this Affidavit for The purposes stated therein and that it Is Uue and correct, AFFIAN S e ore me Is ay o _. N_._, 2012 ..�►* '',�, ELIZABETH LINARES z Notary Public - State of Florida – -- �• •' My Comm. Expires Sep 14, 2013 NoGry;P'ublic tale'ofFlo' aAA'ttL�at�gr�cn� '' Commission DD 925145 —^ ,,'tor �� , Printed Name of Notary ! 14I +' / / " " " \� My commission expires:, .� j l7 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared . _ ___ -_.... the Atfianl, who being first by me duly sworn, did swear or affirm that he/she executed this ABrdaat for the purposes staled therein and that it Is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of 200_ Notary Pubiic Stale of Florida AI Large Printed Name of Notary My commission expires:_.,- __—___ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ __ _ _ the Affianl, who being first by me duly sworn, did swear or affirm that he /she executed this Affidavit for the purposes slated therein and that it Is true and correct. AFFfANT SWORN TO AND SUBSCRIBED before me this �. day o(._,—_..__...._, 200_ Nolary Publlc Stale of Florida At Large Printed Name of Notary My commission expires:—__ .. —_. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Ote Afferil, who being (first by me duly sworn, did swear or affirm that he/she executed this Affidavit (or the purposes stated therein and that it is Uue and correct. AF FIAN7 SWORN TO AND SUBSCRIBED before me this -..__ day of 200_ - — - -- —., ._ —_. - _.- — Nolary Public Stale of Florida Al Large _ —. —... �. -- ....— .,... —_. Printed Name of Notary My commission expires:_ ..__ __... 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) �1. Affant 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. 112 Atfiant 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: f 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, [ 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, (] iv- A City Commissioner or Board member is a Client of the Applicant or Representafive; [ 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, (] 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 _ DAY OF —,200–. APPLICANT: By: (Signature) Name: (Print) WITNESS MY HAND THIS DAY OF — 200_. PROPERTY OWNER By: _ (Signature) Name: (Print) Title: (Prinf) 'The terms "Business Relationship, " "Client, " "Customer," 'Applicant, " 'Representative" and 'Interested Person" are defined 0 Section 2 -395 of the Aventura City Code. WITNESS AND THIS 16 DAY OF HAY ae 2c i Z_ RESE�JT IVE' -mess Relationship Affidavit} �� (Si nature) By:___ (Signature NameTx'I ZT% -s (Print) Name: __ (Print) TitIe:__VICF- `%SI n!_ti1?�(Print) Title:___ (Print) By:--,- (Signature) Name:_ (Print) Title: _(Print) By:__ (Signature) Name: (Print) Title: _(Print) By: (Signature) Title: __ (Print) Title: (Print) By:_ (Signature) Title: (Punt) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By:_,_ (Signature Name:_._ (Print) Title:_ (Print) By: (Signature Name: (Print) Title:__.__ (Print) By: (Signature Title: (Print) Title: (Print) By: Title: (Print) Title:—_____ (Print) By: (Signature Title:_:___ (Print) Title: _ (Print) NOTE; 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION FATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared pAfJ �f r< C S�z?�177� �Affia t, 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. AFFIANT - _— -- � -- SWORN TO AND pin hi _.,?_rr,_y'�_"- PuubKa State of Florida n Y mmission EE 160095 s 04l06r2016 Printed Name of Notary s My commission expires:_- STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _. ____ executed this Affidavit for the purposes staled therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this - ___. day of STATE OF FLORIDA ) ,OUNTY OF MIAMI -DADE) _ __ the Affiant, who being first by me duly sworn, did swear or affirm that he/she 200— AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_...___— Before me, the undersigned authority, personally appeared _ the Affiant, 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. AFFIANT SWORN TO AND SUBSCRIBED before me this _., __ day of 200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires:.. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared ,__._. —.. _._ ._ _— the Affiant. 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, SWORN TO AND SUBSCRIBED before me this _ ___ day of - __ . __ -, 200_ AFFIANT Notary Public Stale of Florida At Large Printed Name of Notary My commission expires;_ _ - - -- -- BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is rnade pursuant to Section 31- 71(b)(2)(6) of the City of Avenlum Land Development Code. The undersigned Affian( hereby discloses Ilial: (mark with °x' applicable portions only) ( Affiant does not have a Business Relationship wilh any member of the City Commission or any City Advisory Board to which file application will be presented. [ j 2, Affiant hereby discloses thal it dges have a l3usioass Relalionship 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) wbo serves 011 the ___ _._.__.__ (List City (;ommission or City AdvisOty Board upon which memherserves), The nalure of the Business Relationship is as follows: [ j i. Member of City Commission or Board holds on ownersllip inleresl in excess of 1 /, of rolal assets or capital stock of Applicant or Represelllahve; (j ii. Member of Oly Commission or Board is a partner, co- sharehotdcr (as to shares of a corporation which arc, not listed on arty national of rNicnal stock exchange) or join( venturer with the Applicant or Reprosenhllive in any busilless Verlltlrn; [ J iii. The Applicant or Represenialivo is a Clieni of a member of the (;ily Commission or Board of a Client of anolher professional working [foil) the smile office or for 1110 same employer as the, member of the City Commission or Board; J lv- A City Commissioner or Board member is a Clienl of the Applicmf or Repfesenlolive; O V. The Applicrnt or Represenlative is a Customer of the mernim of the City Commission or Board (or of his or ha ±r employer) and transacts more 11) ?Ai $10,000.00 of the business of the member of the Cily Commission of Boalr(f (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 Represenlative and Iransacts more than $25,000.00 of [lie business of the Applicant or Represenlative in a given calendar year. WITNM MY HAND THIS Ad— DAY OF APPLICAN�?°"� j Bdlc.._- yTo a Lo (Pfliw) �.._._. WITNE=SS MYfHAND THIS PROPI_RTY OWNER: Ely – – DAY OF (Prim) .(nif11) Tit) te%ols Winli)ess Relm ollship, " "011(a)!, ° 711slolne(, „ %ipplicm)l, at)(] "[Weresled Person" ale defined h) Section 1. -395 nllhrr Aven1tffa City Corle. 'i. BUSINESS RELATIONSHIP AFFIDAVIT'* This Affidavit is mado pursuant to Section 3i•71(b)(2) {ii) of fhe City of Aventura land Development Code. The undersigned Affimnl hereby discloses that: (mark with "x" applicable portions only) 1/�1 AlGanl does rmt have a Business Relationship will) any member of the City Commission or any City Advisory Bowd to which the aalrplicalion will be presented. 1 1 2 Allianl hereby discloses that it does have a Business Relationship with a member of the City Commission or a Cily Advisory Board to which the application will be presented, as follow - __..._........__..___.. �._..� (List name of Commissioner or Advisory Board Member) who serves on the __....— ......___._.�..__� -_ (List City Commission or City Advisory Board upon which number serves). The nature of the Business Relationship is as follows: 1 j L Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of AfVhranl or Represenialive; j ii. Member of City Commission or Board is a partner, co shareholder (as to shares of a corlxrralion which are not listed on any national or regional stock exchange) or joint ve:nturor with the Applicant or Representative in any business venlure, (3 iii. The Applicant or Refmsenlalive is a Client of a member of the Cily Commission or Board of a Cient of another professional Working from 1ho same olfico nr for lho same employer as the member of the City Commission or Beard; I iv. A Cily Commissioner or Board member is a Client of the Applicant or Represenialive, i J v. The Applicant or Represenlalive is a Customer of the member of the City Commission or hoard (or of his or her em[Aoyer) and transacts more than $10,000.00 of the business of the member of the City Commission or board (or his or her employ(,,r) in a given calendar year; ) vi. The member of the City Commission or Board is a Customer of the Applicant or Represenlalive and Iransacls more [hall $25,000.00 of the husinesS of the Applicant or Ropresentative in a given calendar year. WITNESS MY HAND Tl115._�_(?DAYUF \� l_'_�_I { i _ 200--I .�.. _ APPLICANT: -- l SigrtarurcJ Name:_RI tN.R i?�6 1;1.` L VA i:3 � (Arinl) Titie W1TNE"SS MY HAND TI IIS PROPCHTY OWNER Name:_.......__..._. --._.._.. .-- ..� ...................__.. -- (Prinp '172e loons 'Plisiness Relal;orrship" ''C'lient," "Customer," 'App/rom,' Re'Aresenlalive" wO "loletesled Person" are dc'lined in Section 1-,39`i of the Avenprrtr City Code WITNESS MY BAND THIS ... -_.- DAY OF _ .__.-- ..____._, �4Q Name:. REPRESENTATIVE: (Listed on business Relationship Affidavil) Title:__.._ f itie;...- _ ....... _.___...- -.. By. .--- ......_.._.._._.. Title: _...--- -_..._ _....__._...____..__- .._(Print) Name' ..._— (Prim) Tille'... �1�R.NL` y (PrinlJ Title; ..---__._ _...___..._.__.— ..- -- ...(Plin1) _.(Piir)IJ Name: (Pr %nt) Title:__.___.___...__... _.._.._..___..__..____i�'fittlJ 13Y..__.._.. —. __. ... .. .......... _.._.___.— _..(5i4r)awrc:) Name:. Name:----- ,_.___.�_.._ Title:__.._ f itie;...- _ ....... _.___...- -.. OY:._....._ —. -- _.,.- .--- ......_.._.._._.. Title: _...--- -_..._ _....__._...____..__- .._(Print) Title:. ..._— (Prim) ©y:._ jNglimal-v Name:----- ,_.___.�_.._ f itie;...- _ ....... _.___...- -.. _._ _.._..._ ....._.. (Prin1) _._..._. .... __._..__._.__._. (Sl�fixwe Ti tlal-.__. .......... ((Prim) Title:.._._ ..._...._....__.._.._..._..... - Title:._._. ............ ._ ........ _- ._._.__.- (Print) Title:,... -__ ... ....... ...____._____._.......___..._.. (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. :3t- 71(b)(2)(iv) of the City's I.,and Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the intbi- malion provided in the Affidavit becomes incorrect ar incomplete. NOTARIZATION PROVISION STATE 01: FLORIDA (OUKIN OF MIAMI )ADE) It"4"dw Alliaril, who being first I>ym(, duly sworn, did swear of affirm that helshf, executed this Affidavit fur 1110 proposes stated thomio and that it is true and c(lifoct AFFIANT 12, SWORN fillefile, this/, day of "WORN TO AND �UBSCRIBU) W (p ic' late of Florida Al J.argo z.AX #EEMM 11wilB(I Narric of Noll ry /C S1 ............. ......... ...... .. . My commissim expirm-1 I ........... ............ ........ .......... . 01: FLOPIDA S IAI`� COUNTY OF MIAMI DA0[) Below me, the kirldmigilmdaulhotily, personally appeafed. Lois executed 111;,, Affidavit for (he pi it jxs o r. staled it i c to i a and that it is Iru a it it d cof fe.c.l. 'C"aes ihe,Alfianl, 1), Lein, ist by ow dilly sworn, did swear Graffito) that lielfshe ...... .. .... . . DUN N A ' - // 1: X 171 �N e; A 2 43�"- 'WORN TO AND S(JnSCR1B[.'.f) befor C me thl.'; dnyof I 'IdA Al)prp N,bIzjy f3t1blif, 911" e oi It #EE68805 zz -1 IVII I 515V.A A....... &4911C -------------- ...... ----------------- My commisson uxpiros;-':� ........ —.-- ........... .......... ....... Sj��VC.6 ------- NI'Virli'll STATE OF FLORIDA COUNTY OF MIAMI 4)A0i--) Befow file, life. undeisigood outhoiily, porsonaliy appeared . .. . ........ ...... Ihp Allianl, who being first by me duly sworn, did swear ur affirm that belshr. executed this Aflidwt for the purposes slated lhoreiii and Thal it Is true and mrfer.l. AI IANT SWORN 10 AND this _ day 01 200 Nolalry Public State of Florida At Large Printed Name of Nolwy My wriunission oxpircs'- ...................... ----------------- ........... .. ........... ............ ,MTE 01: FLORIDA COUNTY Of- MIAMI ,f)Af)[-.) lho Afhaul, wl)oboiq first by we duly sworn, did swear oralllfm that he/she executed flits Affidiwt for the purposes 6(ftled Mernin and that it is true and (vrecl- SWORN WORN TO AND SUDSMIK-D before m Ijur,.. 200...- AFFIANT Noi�—my imfin, Slale of Florida At Largo Printed Non! of Nolary .. ....... . ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3250 NE 188 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan ") in February 1999; and WHEREAS, the Future Land Use Map of the Plan designated the subject property, more particularly described in Exhibit "A ", Business and Office; and WHEREAS, the owner has made application to the City to change the land use designation from Business and Office to Medium High Density Residential; and WHEREAS, the owner has made application to the City to approve a residential zoning designation on the subject property, which is subject to the adoption of the requested amendment to the land use designation; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission finds that it is in the best interest of the public to amend the future land use map designation on the subject property from Business and Office to Medium High Density Residential; and Ordinance No. 2012 - Page 2 WHEREAS, the City Commission finds that the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible and it is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on 3250 NE 188 Street, more particularly described in Exhibit "A" to this Ordinance, totaling 7.082 acres more or less and having folio numbers 28 2203 053 0010 and 28 2203 053 0020, is hereby changed from Business and Office to Medium High Density Residential. Section 3. 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 4. Inclusion in the Comprehensive Plan. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that Ordinance No. 2012 - Page 3 the Future Land Use Map of the Comprehensive Plan shall be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity, Division of Community Development as provided under Chapter 163, Part II of the Florida Statutes. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Ordinance No. 2012 - Page 4 PASSED on first reading this 5th day of June, 2012. PASSED AND ADOPTED on second reading this 10th day of July, 2012. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Ordinance No. 2012 - Page 5 EXHIBIT "A" Legal Description of Subject Property Lots A and B, of Magnum Marine Plat, according to the Plat thereof, as recorded in Plat Book 147, Page 12, of the Public Records of Miami -Dade County, Florida. Also known as: A portion of that certain property deed to Gautier to Maule Industries Inc. and described in Deed Book 630 at Page 67 of the Public Records of Dade County, Florida, said portion being particularly described as follows: A portion of the Southeast '/4 of the Fractional Section 3, Township 52 South, Range 42 East, Dade County, Florida being particularly described as follows: Commence a the Southwest corner of the Southeast % of the Northeast '/4 of the Southwest '/4 of said Fractional Section 3, Township 52 South, Range 42 East; thence run South 89 degrees 56 minutes 45 seconds East along the south line of the southeast '/4 of the Northeast '/4 of the southwest Y4 of Fractional Section 3 for a distance of 450 feet; then run North 00 degrees 39 minutes 25 seconds West for a distance of 185.83 feet; thence run North 89 degrees 20minutes 35 seconds East for a distance of 1,217.70 feet to the point of beginning of the property herein described; thence continuing North 89 degrees 20 minutes 3 seconds East for 588.95 feet; then run North 00 degrees 39 minutes 25 seconds West for 35 feet; thence North 89 degrees 20 minutes 35 seconds East for 400 feet; thence run South 00 degrees 31 minutes 59 seconds East for 318.42 feet to the mean high water line of Dumfounding Bay and adjacent canal; thence along the said mean high water line for the next ten courses, run South 83 degrees 53 minutes 28 seconds West for 87.62 feet; thence run North 83 degrees 58 minutes 15 seconds West for 113.67 feet; thence run South 79 degrees 49 minutes 50 seconds West for 74.60 feet; thence run South 86 degrees 39 minutes 18 seconds West for 115.35 feet; thence run North 89 degrees 06 minutes 17 seconds West for 121.75 feet; thence run North 81 degrees 26 minutes 33 seconds West for 74.61 feet; thence run South 84 degrees 00 minutes 20 seconds West for 100.78 feet; thence run North 87 degrees 42 minutes 10 seconds West for 111.98 feet; thence run South 86 degrees 48 minutes 26 seconds West for 91.38 feet; thence.run North 82 degrees 21 minutes 58 seconds Wes for 101.59 feet to the point of termination of the mean high water line; thence run North 0 degrees 39 minutes 25 seconds West for a distance of 274 feet to the point of beginning. Together with that certain property located in Miami -Dade County more particularly described as follows: Ordinance No. 2012-, Page 6 EXHIBIT "A" (continued) Commence at the Northwest corner of the North '/2 of the North '/z of the South Y2 of the SE % of Fractional Section 3, Township 52 South, Range 42 East, of Dade County, Florida; thence run 00 degrees 31 minutes 59 seconds East along the west line of the SE % of Fractional Section 3 for 155.33 feet to a point that is 175 feet North of the Southwest corner of said North '/2, North '/z , South %, SE '/4 for 1989 feet to the Southeast corner of the 7.65 acre parcel described in trustees of the Internal Improvement Fund Deed No. 21380; thence run North 00 degrees 31 minutes 59 seconds West along the east line of said 7.65 acre parcel for 8.7 feet, more or less, to the north bank of the existing canal, being the southeast corner of the 16.0 acre parcel described in ORB 630 at Page 67 of the Public Records of Dade County, Florida and being the point of beginning of the hereinafter described parcel From said point of beginning, thence run South 00 degrees 31 minutes 59 seconds East along last described line, for 78.7 feet more or less to the southeast corner of said 7.65 acre parcel; thence run North 89 degrees 58 minutes 51 seconds West along the south line of said 7.65 acre parcel for 300 feet to the point of intersection with the northerly extension of the east line of the 11.93 acre parcel as described in trustees of the Internal Improvement Fund Deed No. 21379; thence run North 00 degrees 31 minutes 59 seconds West along last described northerly extension for 77.3 feet more or less to the north bank of the existing canal, as described in the 16.0 acre parcel description; thence run Easterly meandering the north bank of the existing canal, as described in the 16.0 parcel for 300 feet more or less to the point of beginning. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I A -C City Manager BY: Joanne Carr, AICP Community Developmen Director DATE: May 21, 2012 SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for property at 3250 NE 188 Street, containing 7.082 acres more or less, from OP, Office Park District, to RMF3B, Multifamily Medium Density Residential District. (01- REZ -12) June 5, 2012 Local Planning Agency Agenda Item June 5, 2012 City Commission Meeting Agenda Item July 10, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for the parcel of land with municipal address 3250 NE 188 Street containing 7.082 acres, more or less, from OP, Office Park District to RMF3B, Multifamily Medium Density Residential District. The applicant has proffered to prepare and record in the Public Records of Miami -Dade County, at its expense and in form satisfactory to the City Manager and the City Attorney, a declaration of restrictive covenants restricting the density on the property to no more than 225 residential dwelling units and further providing that this maximum number of residential dwelling units shall remain the same in the event that the applicant or landowner purchases additional contiguous submerged lands. The applicant has further proffered to record the declaration of restrictive covenants prior to January 31, 2013, or prior to the issuance of the site development building permit, whichever is earlier. The ordinance amending the Official Zoning Map from OP, Office Park District, to RMF3B, Multifamily Medium Density District, will not be effective until the declaration of restrictive covenants is recorded and provided to the City. THE REQUEST The applicant, PMG Aventura LLC, is requesting an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for the parcel at the southeast end of NE 188 Street with municipal address 3250 NE 188 Street from OP, Office Park District to RMF3B, Multifamily Medium Density Residential District. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY: NAME OF APPLICANT LOCATION OF PROPERTY SIZE OF PROPERTY BACKGROUND Happiness Inc. PMG Aventura LLC 3250 NE 188 Street See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph Approximately 7.082 acres Upland Parcel is 6.529 acres Submerged Parcel is 0.553 acres This site is a vacant parcel of land on the south side of NE 188 Street to the south of the Aventura City of Excellence School, the Aventura Community Recreation Centre and the Aventura Arts & Cultural Center and at the easterly termination of the street. It is approximately 7.082 acres which includes approximately one -half acre of submerged land. The site is currently designated Business and Office on the City's Future Land Use Map and zoned OP, Office Park District, on the City's zoning map. The previous County zoning was for industrial uses on this parcel. The existing future land use designation of Business and Office and Office Park zoning category were assigned to this property when the City's Comprehensive Plan and Land Development Regulations were adopted in 1998 and 1999 respectively. At that time, the other parcels on the street were being used for marine manufacturing. They had a future land use designation of Industrial and Office and a zoning category of TC2, Town Center Marine District, which allowed the continuation of the marine manufacturing businesses. This site and the site to the north, which now contains the City's Community Recreation Center, Arts & Cultural Center and Aventura City of Excellence School, were envisioned for office buildings as a compatible use with the existing manufacturing businesses. In 2002, the marine manufacturing parcels were changed at the request of the owners from Industrial and Office to Medium -High Density Residential future land use and from TC2, Town Center Marine zoning district to RMF3A and RMF3B, Multifamily Medium Density Residential zoning districts. The multifamily residential projects, including Uptown Marina Lofts, the Atrium, Artech, Eastside and 3030 at Aventura were built following those land use and zoning changes. The future land use and zoning on the parcel subject of this report remained the same since no request to change was received from the owner. The applicant has entered into a contract to purchase the land. Its proposal is to construct an eleven story, 225 unit luxury residential condominium building. The RMF3B zoning category permits multifamily residential buildings with a maximum density of 35 dwelling units per acre, or 245 units for this 7.082 acre parcel. The applicant has proffered to restrict the maximum number of dwelling units to 225 and to record a declaration of restrictive covenants to that effect. The maximum allowable height in this zone is 4 stories or 45 feet, unless the owner constructs the pedestrian promenade to the City's specifications, in which case the height maximum is increased to 7 stories or 90 feet. The zoning district also provides that, with construction of the promenade, there is no maximum floor area ratio (other than the 2.0 set by the Comprehensive Plan), that driveway separation requirements of the Code do not apply but must meet safety and traffic engineering standards as determined by the City Engineer and that view corridors of 3% of the average of the two frontages up to a maximum of 100 feet are required. This zoning district further provides that if the applicant proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, the City Commission may, through the conditional use approval process, approve a maximum building height of up to 11 stories or 135 feet, provided however, that the minimum lot size for dedication must be 1.5 acres, the form of conveyance must be approved by the City Commission, that minimum open space must be 40% of the lot, that there is no maximum floor area ratio (other than the 2.0 set by the Comprehensive Plan) and that any structure parking must be incorporated into the building envelope and compatibly designed. As stated in its Letter of Intent attached as Exhibit #1, the applicant is proposing to dedicate the westerly 2 acres of the site to the City for municipal purposes and to construct the pedestrian promenade along the canal. 3 ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North Properties to the South Properties to the East: Properties to the West: Business and Office Business and Office & Parks & Recreation Medium -High Density Residential Dumfounding Bay Medium -High Density Residential OP, Office Park District CF, Community Facilities District RMF3, Multi - Family Medium Density Residential District CNS, Conservation District RMF3B, Multi - Family Medium Density Residential District vacant performing arts theatre, city charter school and community recreation center residential condominium water residential condominium Access — The parcel access is from NE 188 Street. Conformity to City Comprehensive Plan — The proposed amendment is subject to the approval of a Comprehensive Plan amendment to change the land use designation of the parcel from Business and Office to Medium High Density Residential. The comprehensive plan amendment application is being made concurrent with this application for rezoning. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31 -77 of the Land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves an amendment to the land use designation for this parcel from Business and Office to Medium High Density Residential. CI 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The buildings immediately to the west are zoned RMF31B. The building immediately to the south is zoned RMF3. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. There are no vacant sites available in other areas of the City currently zoned for RMF3B uses. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. Property Location Lot Size Increase in Density Population Factor Overall Increase in Population 3250 NE 188 7.082 ac 31.77 du /ac 1.99 448 persons Street (density limited by proffered covenant The proposed change would not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. The proposed residential use of this property will decrease the 5 demand for water, sewer, streets and other public facilities as compared to the presently permitted uses. 8. Whether or note the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Traffic Generation — The applicant's traffic engineers have prepared traffic generation information relative to existing permitted uses and the proposed amendment. The report dated May 15, 2012 prepared by Calvin, Giordano & Associates Inc. is attached as Exhibit #4. The report has been reviewed and approved by the City's Traffic Engineering Consultant. Applications Area 7.082 acres Land Use Category Daily Trips AM Peak HourTrips PM Peak Hour Trips Existing Zoning Office Park (OP) 4,091 601 559 Designation Proposed Zoning RMF3B, Medium 1,307 99 117 Designation Density Residential (restricted by proffered covenant to maximum of 225 dwelling units The report indicates that the proposed residential zoning with 225 residential dwelling units generates approximately 2,784 less daily vehicular trips than the existing commercial zoning and when compared to the am peak and pm peak hours, generates approximately 502 to 442 less trips, thereby resulting in significantly less impact on the City's road network as compared to the existing zoning designation. School Impacts — The application has been provided for comment to the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board. Also in accordance with the Interlocal Agreement, the School Board has been invited as a non - voting member of the Local Planning Agency for this application. The application has been analyzed by the School Board for compliance with the level of service contained in the Interlocal Agreement. The Board's letter dated May 21, 2012 R is attached as Exhibit #5 and is based on a maximum of 225 residential dwelling units. This preliminary analysis concludes that the required level of service standard is met. The level of service standard in the Interlocal Agreement is the same level of service standard contained in the Education Element of the City's Comprehensive Plan. The concurrency analysis shows that anticipated student generation for this development will be 16 seats for elementary, 8 seats for middle school and 10 seats for high school. The public elementary school in our Concurrency Service Area has no seats available, the public middle school is 101 seats over capacity and the public high school is 409 seats over capacity. The level of service standard provides that, in the event no capacity is available within a concurrency service area, the School Board may look to adjacent concurrency service areas to provide that capacity. The adjacent service areas' elementary, middle and high school do have sufficient capacity. Therefore, the required level of service standard for education is met. The final concurrency determination and reservation of capacity is made by the School Board once a site plan or plat is approved. It should be noted that capacity as calculated for concurrency measurement and reservation does not necessarily equate to seats that may be open for enrollment at any particular time. The proposed residential use on this site will more compatibly support the Aventura City of Excellence School versus the commercial uses presently allowed. 7 PMG Aventura, LLC Real Estate Principals Date: May 2, 2012 To: City of Aventura Re: Letter of Intent To Whom It May Concern - Exhibit #1 01- REZ -12 COMMUNITY DEVELOPMENT CITY OF AVENTURA MA _ ,4 2012 INITi Please accept this Letter of Intent ( "Letter ") as an expression of interest on behalf of PMG Aventura, LLC ( "PMG ") to develop a luxury residential condominium project located at 3520 NE 188`" Street ( "Property "). With over twenty five years of development experience, and more specifically a concentration in high end residential product, we are looking to create a landmark development for not only the Aventura area, but the entire South Florida market. The proposed development would allow for an eleven (11) story residential condominium building, consisting of 225 residential units. Additionally, in accordance with Aventura Municipal Code Section 31- 143(8)(9), there shall be no maximum floor area ratio. Per the identified code Section, we propose to dedicate the west two (2) acre portions of the site to the City of Aventura. Further, as is known by the City of Aventura, a decaying structure currently exists on the proposed site. Regardless of whether or not the structure is located on our property in its entirety or encroaches upon the proposed dedicated portion, we are committed to removing the structure at no cost to the City of Aventura. In accordance with Aventura Municipal Code Section 31- 143(8)(8), we intend to provide a Pedestrian Promenade for use by the general public in connection with both our remaining property and the west two (2) acre portions to be dedicated to the City of Aventura, again at no cost to the City. Any assistance PMG and /or correlating contractors can provide to the City for developing the dedicated parcel will be available at reasonable cost /market cost if the city elects to do so. In order for the project to be unique, the development team must be unique. PMG plans to use a combination of a premier local architect in conjunction with a world -class design architect. Additionally, PMG's local experience will allow for an easy selection of local experienced consultants ranging from the MEP to landscape architect. More importantly, PMG will include a renowned interior design firm to maximize design and luxury for all common spaces, shaping the look and feel of the remaining &acre parcel, The proposed project would incorporate a design the compliments the local environment, which includes not only green space & bay, but the Aventura Arts and Cultural Center. The amenities will include everything from a world class gym to private concierge services. The proposed units would average anywhere from 2,500 to 3,000 square feet with finishes of the highest standard. This project is PMG's third luxury development Miami in the past 5 years. In 2009 PMG delivered Mei Miami Beach, a 134 -unit luxury development located on 58th and Collins, which is currently regarded as one the premier residential buildings in Miami Beach. More recently, PMG purchased a parcel located at 9501 Collins Avenue and is currently under development. The project, otherwise called 95«' on the Ocean, is a boutique beachfront development featuring 7- private, exclusive luxury homes. 19495 Biscayne Blvd. # 410, Aventura, FL 33180 1 305.917.1070 PMG Aventura, LLC Real Estate Principals It is our intention to begin the rezoning process as of May 15' and work towards achieving a plan that mutually benefits both parties and the community. We look forward to working with the City of Aventura over the coming months. PMG Aventura, LLC Sincerely, Ryan Shear Managing Director 19495 Biscayne Blvd. # 410, Aventura, FI. 33180 1 305.917.1070 BROWARD COUNTY ...�.�.��.. a ��711T16 T%'_!7%TLT:�.M m F .�... �. DADE COUNTY 1� a�'N �� YTi� � tiIT Gul stream f YACHT CLUB DR. ' • Park • ■ 1 MARINA • COVE - , - :. Avewura HARBOR WAY CIRCLE • • ■ Hospital �� &Centera! my • Q MP WER�P� • � r ;r Waterways ■ ■ WATERWAYS Shoppes 207 ST. ■ To Q Q COUNTRY CLUB DR. ■ ■. '• The cw 205 • Promenade Shops °c° Q IVES DAIRY RD. ■ 203 ST. , C'TF�L� : ■ ■ U T9 • • `\' a r > ;■ 201 TER. rn N d li aurnberry'Jsle ■ m • AVENTURA OwD. ,{ m3 �4�Resort lub • W /, Fire Q w ;a Rescue Aventura �.r l J� �` • ,.k? ;i Station `Library ( • AV H ' yr' O 7✓l, .�. l / 7�r 7 4.J m Aventura Mall >e" (D YACT a t City of Aventura Government Center tWY vi 192 ST NIILL4AM'E� > 1 191 ST. Q a w MYSitC x o Loehmann's Fashion 190 ST. Subject Land 1 w 1 ? Island > :..._.: rn 188 ST. • / °� Z- R MIAMI iy ' 33180 w GARDENS DR..,,- . - -- - - -- ._:_. .. ; ._._._.._._.._.._.. O .� 185 ST 33 60 / fou nl Ong d Al a 183 ST. Bay �± M r '' ` N 4 < AtlQnttc 1 Z Williams x Little :• Biscayne Maule y r' k; m Sound f 1, arbour 1 80 S Lake w 1, F �` a i y ,` Alrr IL Jaw low ,',t.; tiE t; ^, Wit, r_��rcnt.,�a L all s � Ic ox Y' y A: � r mageiy Date X26 26' 1, . l 1 71 fol 30 ou I q; ^' vlev Fl 1t _ _ ape � ] CAN', ft L_Calvin, Giordano Associates, Inc. E X C E P T 1 O N A L S 0 L U T 1 0 N 5 ❑ Fort Lauderdale Office - 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316 Phone. 954.921.7781 . Fax: 954.921.8807 ❑ Palm Beach Office - 560 Village Blvd., Suite 340, West Palm Beach, Florida 33409 Phone: 561.684.6161 . Fax: 561.684.6360 DATE: May 15, 2012 TO: Mr. Ryan Shear PMG Aventura LLC 19495 Biscayne Boulevard, Suite 410 Aventura, FL 33180 FROM: Jeffery Maxwell, PE, PTOE Calvin, Giordano & Associates, Inc. (CGA) 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 SUBJECT: Magnum Marine Plat Traffic Statement Memorandum Exhibit #4 01- REZ -12 Per your request, CGA has completed a trip generation analysis for project site know as the Magnum Marine Plat in the City of Aventura, Florida. Existing zoning currently allows for development of 428,560 square feet of general office. It is our understanding the proposed land use will consist of up to 225 condominium units in place of general office. Trip generation estimates were calculated for the currently arproved land use as well as the proposed land use based upon trip generation rates contained in the 8" Edition of "Trip Generation" published by the Institute of Transportation Engineers (1TE). Trips were calculated for a standard weekday as well as the morning and evening peak -hours of adjacent street traffic. As indicated on the Trip Generation Table included with this memorandum, the proposed change in land use will result in a net decrease in traffic attributable to the site. The proposed 225 -unit condominium development is expected to generate 2,784 fewer trips during a typical weekday as well as 502 fewer trips during the AM peak -hour and 442 fewer trips during the PM peak -hour. This corresponds to approximately 68% fewer weekday trips, 84% fewer AM peak - hour trips and 79% fewer PM peak -hour trips if the site is developed with residential uses rather than general office uses. Please feel free to contact the undersigned should you desire any additional information. ``tty ►r,ILLUr�r�yi tVtl A. Jeffery Maxwell, PE, PTOE 00i s7JAW lorid ISfessional Engineer Number 71659 'C STATE OF 'Date: s��0 F( p F •e.. AL era a PAPLANNING REFERENCE \L0RNA2UEFF W05 -15 -12 MAGNUM MARINE PLAT TRAFFIC STATEMENT.DOC\, �nnz 0 0 0 0 O O O v 0 0 0 �mm WN N W W O O O b a ova S 5 II u O Pow a � o p N N P 0 c 5 w°O w 0 e 00 C) C) 0 997 153 Rn� J J J O O O u. m e 0 o m w v0 � � o II ❑ � N 11 o o + J � P � � U -ter 000 Woo 0� 0 a C v m �z m �z t�ri b 4 � b � 0 0 fl N 00 N N O � d co f =_ � cn O rn N C�7 0 rD of 00 ooa N y co C7 ti ov, 0 D o �O w O w O 80 o, Crl N � 00 00 J o o e � 'b i Fj O F o 00 00 O ti J J Lh rn e o y N V In l.Ii 00 00 w O 00 w w C 0 w 0 w 0 O ~ N to 4. & v m �z m �z t�ri Superintendent of Schools Alberto M. Carvalho May 21, 2012 VIA ELECTRONIC MAIL Jeffrey Perlow, Esquire c/o Aventura on the Bay 3250 NE 188 Street Aventura, Florida 33180 Miami -Dade County School Board Perla Tabares Hantman. Chair Dr. Lawrence S. Feldman. Vice Chair Dr_ Dorothy 8endross- Mindingall Carlos L. Curbelo Ranier Diaz de la Portilla Dr. Wilbert '`Tee" Holloway Dr. Martin Karp Dr. Maria P6rez Raquel A, Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS AVENTURA ON THE BAY (01 REZ 12) LOCATED 3250 NE 188 STREET PH2812051000175 — Folio Nos. 2822030530010 and 2822030530020 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above - referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed project would yield a maximum residential density of 225 multifamily units, which generates 34 students; 16 elementary, 8 middle and 10 senior high students. At this time, schools have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305- 995 -4501. Since I n M. Rodriguez, R.A. Director I IMR:ir L555 Enclosure cc: Ms. Ana Rijo- Conde, AICP Exhibit #5 Ms. Vivian G. Villaamil 01- REZ -12 City of Aventura School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo- Conde, A1CP, Eco- Sustainability Officer- 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305 - 995 -7285. 305 - 995 -4760 (FAX) • arijo @dadeschools.net Cancurrency Management System (C S) Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH2812051000175 Local Government Aventura ( Date Application Received: 5/10/2012 3:14:52 PM LG Application Number: Type of Application: Public Hearing Sub Type: Applicant's Name: Address /Location: Master Folio Number: Additional Folio Number(s) Aventura on the Bay 3250 NE 188 Street, Aventura, Florida 2822030530010 2822030530020, PROPOSED # OF UNITS 225 SINGLE - FAMILY DETACHED 0 UNITS: — SINGLE - FAMILY ATTACHED 0 UNITS: — MULTIFAMILY UNITS: 225 01 REZ 12 Land Use CONCURRENCY SERVICE AREA SCHOOLS CSA Facility Name Net Available Seats Seats LOS Source Type Id Capacity Required Taken Met 231 AVENTURA WATERWAYS 0 16 0 NO Current CSA K -8 CENTER 231 AVENTURA WATERWAYS 0 16 0 NO Current CSA Five K -8 CENTER Year Plan 6241 HIGHLAND OAKS MIDDLE -101 8 0 NO Current CSA Current CSA Five 6241 HIGHLAND OAKS MIDDLE 0 8 0 NO Year Plan 7141 DR MICHAEL M KROP SENIOR HIGH -409 10 0 NO Current CSA 7141 DR MICHAEL M KROP 0 10 0 NO Current CSA Five SENIOR HIGH Year Plan ADJACENT SERVICE AREA SCHOOLS 2581 MADIE IVES COMMUNITY 153 16 16 YES Adjacent CSA ELEMENTARY 6301 JOHN F KENNEDY MIDDLE 111 8 8 YES Adjacent CSA 7381 MIAMI NORLAND SENIOR 808 10 10 YES Adjacent CSA HIGH *An Impact reduction of 17.64% included for charter and magnet schools (Schools of Choice). HDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation wil :)e made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 -995 -7634 / 305 - 995 -4760 fax / concurrency@dadeschools. net ' 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 allthodzed 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 ?N; JtVi511_ ..crD 11_ Ac; h0h \.k Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) 1 Olyiin U � C Crnc--� 11 . i `� . rti �J I ✓Lk � 1`C (^'Yluiiri it (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(8)(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. WITNESS MY HAND THIS IW DAY OF 1 t AUTHORIZED REP SENTATIVE APPLICANT: 6 (Signature) ( fflo Title: Arn Address: P So f 71e 19''i Ave. 1V V11r41 r,<, +GL . 3,31 Sr O STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Address: ! "! `t '"f k',f DC "t)c ENO Before me the undersigned authority personally appeared V__evi -", C1,101a Applicant and /or the owner of the property subject to the application, who being first executed this Affidavit for the purposes stated therein and that it is true and corn i, t �AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this C day of "t_(_; 2 ' No Ali S Print d e c DELILAH PHELA °��• ' ° Notary Public - State of Florida My commission :��My Comm. Expires Dec 30, 2012 Commission N DD 848323 t LL-— r-Y r1G�c e awse of the did s ear or affirm that he/she Representatives Name Ayr-L*, Iko ; Lc hl( J�r At,J K kA 1 HAr\) ,E o f\ S h"V ick Relationship 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) 114 Affianl 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. Hi 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; [ ] 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; [ I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; I] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 200_ APPLICANT By (Signature) S. DAY OF 1�� G� T 20g2 'The to " u mess Relationship," "Client," "Customer," 'Applicant," "Representative" and 'interested Person" are defined in Section 2 f the Aventura City Code. BUSINESS RELATIONSHIP AFFIDAVIT* MH ,,a; 7! r. This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Avehtura Land Development Code. The undersigned Affiant hereby discloses that: (mark with'x' applicable portions only) [y�f. Affianl 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 [ j 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; [Jii. 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; [ ] 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. -0 DAY OF hk,?::A 2002. APPLICANT: THIS 1 i-ii DAY OF f'�( C�- - r 2042. 'By: Na 'The teLs 'Business Relationship, " "Client, " "Customer," 'Applicant," 'Representative" and "Interested Person" are defined in Section 24,d the Avenlura City Code. `' BUSINESS RELATIONSHIP AFFIDAVIT* ,i Vie. 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) [,q 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. [ j 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; [ }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; (] 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 $25;000.00 of the business of the Applicant or Representative in a given calendar year. ,'WITNESS MY HAND THIS DAY OF HC, 24_2- APPLICANT: By: _ `' Signature) Namef CA i Title: '` . E ,.y - (Print) �NSS> ; ' A19 THIS 0 DAY OF. tom' i C�—a 20Q? "The teArs usfness Relationship," "Client," "Customer," 'Applicant," 'Representative" and 'Interested Person" are defined in Section 2 3�9' C(ffhe Aventura City Code. WITNESS MY ; THI� ILP DAY OF LA-&-�nOi 200; t E' f+i: , V :Listed on Business Relationship Affidavit) l Byi_ i i (Signature) By: (Signature Na r Co Print) Name: (Print) 11.. ASS/ (Print) Title:_ (Print) u By (Signature) Name: f�G (Print) Title:,._'° By: (Signature) Title: _. (Print) Title: (Print) By:_ (Signature) Title: (Print) Title: (Print) By, (Signature) Title: (Print) Title: (Print) By:_ (Signature Name: (Print) Title:_ By: (Signature Name: Title: __ -- (Print) By: (Signature Title: (Print) Title:___ (Print) By:__. (Signature Title:v.____. -_ (Print) Title:_, (Print) By: (Signature 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. NOTARIZATION PROVISION 'ATE OF FLORIDA ) , OUNTY OF MIAMI -DADE) Before me, the undersigned authorry, personally appeared - 's-r „�,.r�u =d•rU fi the Af executed this Affidavit for the purposes stated therein and that it is true and correct. V IO AND SUBSCRIBED before me this ` day of *expire DELILAH PHELAN Notary. Notary Public - State of Florida _ My Comm. Expires Dec 30, 2012 Prnted i,i fiV, Commission # DD 8413323 My com STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _��t �( G' the Affiant, who ing first by me duly swan, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. �NT _..—. AFFIANT j by;me duly sworn, did swear or affirm that he/she Ll AND SUBSCRIBED before me this _�. �' day ot_ -tJ'1G 20�', 'Ry P DELILAH PHELAN Not r tale IF At Large * Notary Public - • State of Florida P ntedWimeofN °Pa4 My Comm. Expires Dec 30, 2 % °F; 0 Commissin„ nn _ _ O t 2 MY commission expires:_,_.,___ STATE OF FLORIDA ) .. ;OUNTY OF MIAMI -DADE) 1 Before me, the undersigned authority, personally appeared ffiant who bein first by me ly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ;WORN TO AND SUBSCRIBED before me This , dayot_ 20V DELILAH PHELAN . * + Notary Public - State of Florida . p My Comm. Expires Dec 30, 2012 %FOf F�do� Commission # DD 848391t 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. SWORN TO AND SUBSCRIBED before me this _ ___ day of .___ _,_, 200_ Notary jKbYtA fate f tori At Pri ed N me of Notary My commission expires:A2_ f�, 1, 2. the Affiant who being first by me duly sworn, did swear or affirm that Wshe AFFIANT Notary Public State of %6da At large Printed Name of Notary My commission expires:_,T_____ ._ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 11(b)(2)(i) of the City of Avehtura Land Development Code. The undersigned Affianl hereby &domes that: (mark with Y app /licab'e portions only) fy'f 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. ( J 2. Afliant hereby discloses that it does have a Business Relationship vAth 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) vrho 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; [) 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 exchaTe) or joint venturer with the Applicant or Representative In any business venture; [ J iii. The Applicant or RepresentaWe is a Client of a member of the City Commission or Board or a Client of another professional waking from the same office or for the same efnp ±over 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; ( IV, 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 $10,000.0o of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; O 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 DAY OF 14441 , ZO 11.289 . I !!� DAY OF-t /) CL-11 , 20g2- 'The terrA(s 19yiness Relationship, " Cliem, , Customer, " App1iC9n1, ° Representative- and 'Interested Person' are defined in Section 2 3��d /the Aventura City Code. WITNESS MY HAND THIS _ DAY OF 200_. -REPRESENTATIVE t isfed c ess Relationship Affidavit] By: Name:��iLiC�J /'�nr�tr Name. T;fe:_ �,?� �.EAC Cam ' ytC (Pn`n1,) Title:_ By: _._.. (Signature) Name:__ -_ (Print) Title: (Print) B y:,__, (5rynature) Name; Title: _ (Print) By: _ (Signature) Title:_ -__ __— (Print) Title; dy =_____ ___ (Sigrtaturel Title:__— Title ..__— __(Print) By: (Signature) Title: _(Print) Title;___ (Print) By -- Name:_ Title. By:_ Name Title:_ By:_ Title; ('Signature (Print) (Print) (Signature (Pint) (Signature (Print) (Signature (Print) (Print) By:..___.. _ _ (Signature Title—.. ___. _ _ (Print) Title:.__._...__....__. -.. __ ... ....... _. By'_ _ (Signature Title'...._.._... _....._...._... (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information For Representative varies ?) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec, 3I- 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 intormation provided in the Affidavit becomes incorrect or incomplete. �� »ZATE OF. v A ) )NTY OF hHA4 Al BADE) NOTARIZATION PROVISION v, Before me, the undersigned authority, personally appeared _(, /! ±ee Affiant, who being firs / ulgworn, did swear or affirm that he/she executed this Affidavit for the purposes slated [herein and that it is true and correct. SW N TO b me j 6...., day of `!'?IU�' 200_. , No. o. 01w0 3623as IODIC 1; �Q"fkd in QUans County No ary Public State of Honda e ('_[mission Expires July 14.20,(`( 1 Printed Name of Notary My commission expires: -- _ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority. personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this _ ,._ day of -_ ___ _- ,____, 200_. ^TATE OF FLORIDA ) UNTY OF MIAMI -DADE) Before me, the undersigned authority , personally appeared executed this Affidavit for the purposes slated therein and that it is true and correct. the Affani, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Pnnled Name of Notary My commission expires --- --- -- - - - - - - ---- -- - - --- -- I -- --- - - - --- SWORN TO AND SUBSCRIBED before me this _ _ day of 200_. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE1 Before me, the undersigned authority, personally appeared __ _ executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this __ ...... _- day of 200_.. the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_,.._ the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ ....___ ...._,... �` BUSINESS RELATIONSHIP AFFIDAVIT* A a 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) [yf'l. 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. 112. 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 Clly Advisory Board upon which member serves) The nature of the Business Relationship is as follows Ill Member of City Commission or Board holds an ownership interest in excess of I% of total assets or capital stock of Applicant or Representative, [ ] 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; (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, 11V 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS /11l DAY OF H41, 200- APPLICANT By. (Signature) me: KtM _ 1�1_oh/ (Print) Title: (Print) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER By:_ (Signature) Name: (Print) Title: (Print) 'The terms "Business Relationship, " "Client " "Customer, " 'Applicant, " "Representative" and 'Interested Person" are defined in Section 2 -395 of the Aventura G7y Code. 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: [ ] 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, (]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: (] 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; 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 16 DAY OF "ate, 2CAZ APPLICANT: By (Signature) Name: A(2 N N�8��(Print) Title ,4 K VL f (Print) WITNESS MY HAND THIS DAY OF 200_ PROPERTY OWNER. By:_ (Signature) Name: (Piro!) Title: (Print) 'The terms 'Business Relationship, " "Client, " "Customer " 'Applicant, " "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. '` : BUSINESS RELATIONSHIP AFFIDAVIT* %.If ..�" This Affidavit is made pursuant to Section 31- 71(b)(2)(6) of the City of Aventura Land Development Code. The undersigned Afflant hereby discloses that. (mark with "x' applicable portions only) V/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. Affant 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 Hi 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, (] 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; [ ] 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year WITNESS MY HAND THIS /O fl DAY OF 24)- APPLIC B —� (Signature) Name: iV- (Print) Title AT?Vy%Atiy (Print) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER: By:_ (Signature) Name: (Print) Title: (Print) 'The terms 'Business Relationship, " "Client, " "Customer, " 'Applicant," 'Representative` and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. WITNESS MY HAND THIS je DAY OF /t-ta 20 REPRESENTATIV . (Liste on Business Relationship Affidavit) (Signature) By:— (Signature Names 2f x' i N I-o- "v ✓ (Print) Name: (Print) Title: /fir (Print) Title:_ (Print) By; (Signature) By:— (Signature Nam e(t/ �� r7l' (Print) Name: (Print) Title: �TTd,G1/Ef (Print) Title:_ (Print) By ` ignature) By: (Signature Name: O ail - pt-y- (Print) Name: - (Print) Title: 4 r0xA/!!'7 (Print) Title: (Print) By: Title (Signature) Title: (Print) By;__ (Signature) Title: (Print) Title (Print) By. (Signature) Title: (Print) Title By: (Signature Title: (Print) Title:, (Print) By:, (Signature Title: (Print) Title:,_ (Print) By:_ (Signature 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. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared H• •01� the Affiant, who be rst b me duly sworn, did swear or affirm that he/she executed [his Affidavit for the purposes stated therein and that it is true and co�. L GLADYS OTERO � om SWORN TO AND SUBSCRIBED before me this L_ day ofk 2ob2— c+" pf4Y COMMISc rON # EE078119 EXPIRES March, Notary Public Slate Florida At Large 4Q7) 396.0153 FlorldallotarySarvic Printed Name of Notary My commission expires:____..___. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared the Affiant, 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 corr t FFIAN _ 1 - " GLADYS OTERO SWORN TO AND SUBSCRIBED before me this -.!� day of M�, 2�- :aR '�t•'c MY COMMISSION # EE078119 — -'` EXPIRES March 7 N ary Public 9Yate of Florida At Large 4,"r r•• 2 , 201.5 407) 396-0153 Floridallotary_s- __..c0m Pnnted Name of Notary My commission expires:____. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _Fax S! %YC,� _the Af being first 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. AFFIANT 5►" :'' - GLADYS OTERO SWORN TO AND SUBSCRIBED before me /his 1k_ day of.�l+�, 20��i MY COMMISSION # EE078119 EXPIRES March 27, 2015 N ary Public State f Florida At Large (407) 396-0153 Florida NotaryService.com Printed Name of No y My commission expires:^.,._.._, 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 SWORN TO AND SUBSCRIBED before me this the Affiant, who being first by me duly sworn. did swear or affirm that he /she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ 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) Afanl does not have a Business Relationship with any member of the City Commission or any City Advisory Board 10 which the application will be presented. 1 1 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: Hi i Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicanl or Representative; I ] 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; I } iv. A City Commissioner or Board member is a Client of the Applicant or Representative; I 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 _tL DAY OF tW> J 242- APP Bye--' d (Signature) Name: f -ICE. 7 Title: r%12Arr =re — (Print) C411LVI ✓, 4—'10k7Arn�-ASla�r,. WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER: By;_ (Signature) Name: _(Print) Tiller_ (Piro!) 'The terms "Business Relationship, " "Client, " 'Customer, " Applicant, " 'Representative" and 'Interested Person" are dertned in Section 2 -395 of the Aventurn City Code. WITNESS MY HAND THIS _fig DAY OF l _2041, REPRE ENTATIVE: (Listed on Business Relationship Affidavit) By (Signature) By: (Signature Name: J Err"" nAd FLL (Print) Name: (Print) Title :'T144I'J�- le- EPJ�P ,rd_A (Print) Title: (Print) (f'AL ✓��, CIO izLNANO '(_A.Sloc,A--'r,I -C. Title: (Print) By;_ (Signature) By:___ (Signature Name; (Print) Name: (Print) Title:_ __(Print) Title:_ (Print) By: (Signature) Name: (Print) Title: (Print) By: (Signature) Title: (Print) Title. (Print) By:— (Signature) Title: (Print) Tille (Print) By:_ (Signature) Title.- 1) Title: (Print) By: (Signature Name: (Print) Til I e: _ (Print) By: —. (Signature Title: __ (Print) Title: (Print) By:_- (Signature Title: (Print) Title:_ _ (Print) (Signature Title: __ (Print) Title:_____, _(Pant) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1- 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. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared5FFFC)2Ai " nAYrWf Whe Affiant, who being first by me d sworn, did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it Is true and correct. AFFIAN e ore DLINARES o _.. � "44ELIZABES. Nota ry Public orida Not��ryy,�Public $$��_�te1�o))-�Flo �etakt L.� My Comm. Ex2013 U�!_l�s�c Commissio45 Printed Name of Notary I (� My commission expires: _ STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it Is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of _.__...,.— 200_. Notary Public State of Florida Al Large Printed Name of Notary My commission expires _.._—,__ ___ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared ^. the Affiant, who being first by me duly sworn, did swear or affirm that he /she executed this Affidavit for the purposes slated therein end that it Is true and wrrecl. AFFIANT SWORN TO AND SUBSCRIBED before me [his day of._. 200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires:_.._..-.__.. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ the Affienl, who being first by me duly sworn, did swear or affirm that helshe executed this AffclaW for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this __,_ day of 200; ._.___. —_.. _.. _._—.....—_.._- - Notary Public Stale of Florida AI Large Printed Name of Notary My commission expires: - BUSINESS RELATIONSHIP AFFIDAVIT* � �t 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) 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. (J 2, Af ianl 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. ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicanl 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, (] iv A City Commissioner or Board member is a Client of the Applicant or Representative, I 1 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 bossiness 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year, WITNESS MY HAND THIS DAY OF .,_ 200_. APPLICANT: By: (Signature) Name: (Print) Title (Print) WITNESS MY HAND THIS PROPERTY OWNER By:_ Nam Title: DAY OF 200. (Print) 'The terms "Business Relationship, " "Client, " "Customer, " 'Applicant, " 'Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. WITNESS AND THIS 1 (,Q DAY OF RESENT IVE' iness Relationship Affidavit) (Signature) By:__ Name:'to'w 7 27%�� (Print) Name: (Signature Title: VlCF- I �-S I eC2_ T_(Print) Tale:__ (Print) By:_ (Signature) Name: (Print) Title: _(Print) By:___ (Signature) Name: _ (Print) Title: __ (Print) By: (Signature) Title: _ (Print) Title: (Print) By:_- (Signature) Title: (Prinl) Title: (Print) By; (Signature) Title: (Prinl) Title: (Print) By:--- (Signature Name:__ (Print) Title:__. (Print) By: (Signature Name: Title:______ (Print) By: (Signature Title: (Print) Title:_____. (Print) By:___ (Signature Title:____ (Print) Title:____ — (Print) By:_ (Signature Title:____ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies _(Print) 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. NOTARIZATION PROVISION , TATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, The undersigned authority, personally appeared DwirLC Affia t, who being first by me duty sworn, did swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is true and correct. l0 AFFIANT SWORN TO AND gin i �J 1,7 { ublic State of Florida P Kay mission EE 160095 04106 /2016 - Notary Printed Name of Notary My commission expires: �`_�402)?_j 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 SWORN TO AND SUBSCRIBED before me this _ _ day of STATE OF FLORIDA j ;OUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared -_,___ executed this Affidavit for the purposes slated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) __ _, _ the Affiant, who being first by me duly sworn, did swear or affirm that he/she , 200_ AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public Slate of Florida At Large _ .._..__._ _ _ _ Printed Name of Notary My commission expires:—....__ _. Before me, the undersigned authority, personally appeared _._ the Affiant, 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 AFFIANT SWORN TO AND SUBSCRIBED before me this _ _ day of , 200_ Notary Public Slate of Florida At Large Printed Name of Notary My commission expires:_ 0 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Seclion 31 11(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affianl horeby discloses That: (ma(k with "x' applicable portions only) APPLI ( A(liant does not have a Businr',Ms Relationship with any member of (he Cify Commission or any City Advisoiy Board to villich the application will be pusented. (j 2, Affiant hereby discloses that it does havo a Bissiness Relationship with a member of the Chy, Commission or a City Advisory Board to which the application wig be piesenied, as follows: _ -.._ (list name of Commissioner or Advisory Board Member) who serves on the __.._ _...___ ----- _...._.___._---- --- (List City Commission or City Advisory Board upon which memberserves), The nature of the Business Relationship is as follows: [(i. Member of City Commission or Board holds an ownership inleresl in excess of 1A /� of local assets or capital stock of Applicant or Representative; ( )ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are raot listed ora arty naliornal or «'gional stock exchanete) or join! venturer with the Applicant of Rapresentalive in any husiness venture; iii. The Applicant or Representative is a Clieoi of ra member of the Cify Conunission or Board or a Client of ano ;her prolessional working from the same other: or for Ilio same omployer as ltw member of the City Commission ar Board; (� iv. A City Commissioner or Board member is a Clienl of the Applicant or Representative; ( ( v The Appfican( or Representative is a Cuslomor of lho member of the City Commission or Board (or of his or la(,,,r employer) and transacts rnoie than $10,000.00 of the business of the member of the Ciiy Commission of Bnr)rd (or . his or her employer) in a (liven calendar year, O vi. The member of the City Commission or Boaid is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Rcinsenlative in a given calendar year. 4VII NESS MY HAND THIS _ l:�?. _ DAY OF '.QhC WITNFSS MY /HAND THIS _ DAY Of __. — 200.... PROPERTY OWNER: .___ ..... .... - . ...... .__..._..._____..._._ - (Print) Title:__,1--- ..........................._ _._.___.._..,..__...._.._._.__- (Pr'irraJ T)o temrs " zj,l press Rekniousl*, " "C' ileac, " "Customer, 'Representx vc" 7mr1 "Interesled Person" are v'elirred 0 5e00n 2 -395 of ?Ire Avenixii City Coda. BUSINESS RELATIONSHIP AFFIDAVIT'* This Affidavit is made pursuant to Section 31.71(b)(2)(4) of the Cily of Aventura Land Development Code. The undersigned Af lol hereby discloses 1ha1: (mark will) "x° applicable porlions only) 11�1. Affiant does not have a Business Relationship with any memk,.r of the Cily Commission or any City Advisory Hoard to wizicli the applicatiun will be presented. J J 2 Aflianl hereby discloses that it does have a Business R,,Wionship with a memher of like Ciiy Commission or a City Advisory Board to which the application will he presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission of City Advisory Board upon which member serves). The nature of the Business Relalionship is as follows: i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assels or capital stor=k of Applicanl or Representative; J ii. Member of Cily Commission or Board is a pariner, co-sharehoider (as to shares of a corfmalion which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Represcnlative in any business vernkxe; j J iii. The Applicant or Reptesentalive is it Client of a memlw.( of the Cily Commission or Board or e Client of another professional, working from the same office or for the same olnj> oyer as the member of the Ci(y Commission or Board; J) V. A City Commissioner or Maid member is a Client of the Applicant or Repmsentalive; f i v_ The Applicant or Represenlative is a Customer of the momber of the City Commission or Board (or of his or her orn[kyer) and Iransads 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 Represenlative kind transacts more than $25,000.00 of the, business of the Applicanl or Represenlative in a given calondw year. WITNESS fv1Y HAND 711lS DAY 01= APPLICANT: By..'._(.r� Name:. ill__tH_R fte4 L ► VA NS 04 (Print] ' i' ille :_e4��?!✓�. °.B/siS`P.��tn -Y' �-- .�'_....._..__(PrinlJ Wff NL"SS MY HAND TI iiS ____ _ DAY OF _ .... ...... ... ... .......... _ ..__, 200_. PROKRTY OWNER: By:__ __ ....... .. . .... Name:_ ......._....._.. - — -- — _ ................ 'The lernts "7311siness Ralillioirship," °Client," "Custnrnel," Apphranl," Rrpresowative" amt '7nlereslod Person" ofe deleted in Section 2 -395 nt the Aventura City Cade. ~� � V0TNESSWY HAND TH� DAY -/C�- roA� REPRESENTATIVE: (Listed oo8usinmm Relationship AUidavii) Nm^e: Numn________�_______�VhV Title: 47 Ev __JP(ird) _—_-____'___''__-�V��Y By:________________(��oAm� Name:. m>w Title:— ...... 001) By' Nmmo_- ....... - ..... _-___-___�V��V By:_________________��naVx� Tk�� hhV TWo:__ Ti By:_ Uy:________________�kpxrmn Title: TKle:' ------ __VYmV TiVo:_ ------------ 0:wm) Title: ... .......... ...... .... ....... ...... ... _K�� (D( 8y:_(S�qmux* RioV Ti&z-__ ___-(+iliV NOTE: 1) Use duplicate shects; if clisclostire iriforination for Reprosentative varies 2) Applicants and «0unuw*udvivm it) lil`mly sUpj)1mn*m this AQdaVitomSUun,mISICc1/-7|(W(2)(iv)o[ tho(�jty'S Lmx ovv6oy^=n� ko��ohon in Vu (](y [ode, if) the e,mx that prior to 000domu/ioo of the o oyn|}vm�n by the City Board n,Coo*im|uu/ke io«onnuio" provided ind`nxOidvvithccowx"h� inuxnp|om. NOTARIZATiON PROVISION ,STAT L of: FLORIDA C,O(Jg)Y 01: MIAMI-OADE) Bul'ofe me, the undersigned aultioritY, POOWR311Y af)Peaft'd 91 - ( WA11D - 6 - - - I ' "4p);fe Affiani, who heinU first by me duly Swom, did swear of alfirm thal. he/she executed this Affidavit for 010 P111POSes Stated therein and that it is true and colfnt AFFIANT 12 CO -1) 1)0om me this/ SW( RN AND SUBSCRIBL "'.' day of.' #CERAM . U tic', (Me of Florida A) I-X90 -7 S-!A. I, - (C S1 llonooledau of Wary < My mmNm ussIC)n expires: .2 1 Ir ............ ........ -------------- ....... ........ I-AfL 01: FLORIDA (',O[)NrY OF MIAMI DADE) before me, the undersigned authority, porsonatly appeared L&IS (",Res executed litis Affidavit lof the plllpWeS Sl,-ued lkfeifl and that it iS IWO 61111 Mffer'1 SWORN FO AND SWSGRIBI= D i)('to;e me q1l'; dqyof,.(,-.;: ----------- ....... .................... .... ......... ---------- - ............. STATI- OF FLORIDA COUN rY OJ7 M AMH)ADF) by me duly sworn, did sworn U 111501 that he /she Below me, the underSigliOdOuthojily, personally apprfafed,. the Affiant, who being first by file. (fifty morn. (rid swear Of allifin that lm'/slie executed this Affidavit for the purposes stated Vierch and That it L hue and correct, SWORN 10 AND 13,110SCRIBC 1) W11of e me this day of ... .. ....... ........ . .... 200--, ------- -..— ---------- -------- ....... . ..... STATL OF FLORIDA COUNTY 01-MIAMI-DADE) Before me, the undersigned authority, personally app-fed executed this Affida0l (or the purposes staled Ummin and that it is frue and MIUM1. SWORN 10 AND SUBSCRIBED beicterno Uric_ , .— day of 200.. �F 1N -5�-T' — ---- -- -- ' Notary Public Stale of Florida At Large Printed NamL, of Notary My commission expires: -- -- --- ---- -------------- -- ------------- --- ...... lbo Afliant, who being first by me, duly sworn, did smear or affirm (hathetshe ArNANT t,jotniy Public Siale offlofi6a At tiarge Printed Mime of Notary MY ucuvnis;ion expires:., I IiJill" "I DUNkcr:z //11 I ITIANT 12 S 3�ae )fl:k1nAW.arq(,, late �EEE 8805 Poiftd Name o Not ary (ZS toy cofninission expire",: slo-"�" ... ......... /6(141tj ill fill %t\%0N Below me, the underSigliOdOuthojily, personally apprfafed,. the Affiant, who being first by file. (fifty morn. (rid swear Of allifin that lm'/slie executed this Affidavit for the purposes stated Vierch and That it L hue and correct, SWORN 10 AND 13,110SCRIBC 1) W11of e me this day of ... .. ....... ........ . .... 200--, ------- -..— ---------- -------- ....... . ..... STATL OF FLORIDA COUNTY 01-MIAMI-DADE) Before me, the undersigned authority, personally app-fed executed this Affida0l (or the purposes staled Ummin and that it is frue and MIUM1. SWORN 10 AND SUBSCRIBED beicterno Uric_ , .— day of 200.. �F 1N -5�-T' — ---- -- -- ' Notary Public Stale of Florida At Large Printed NamL, of Notary My commission expires: -- -- --- ---- -------------- -- ------------- --- ...... lbo Afliant, who being first by me, duly sworn, did smear or affirm (hathetshe ArNANT t,jotniy Public Siale offlofi6a At tiarge Printed Mime of Notary MY ucuvnis;ion expires:., ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED AT 3250 NE 188 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM OP, OFFICE PARK DISTRICT TO RMF313, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, PMG Aventura LLC, through Application No. 01 -REZ- 12, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land (the "Property ") at 3250 NE 188 Street, as legally described in Exhibit "A" attached hereto, from OP, Office Park District to RMF3B, Multifamily Medium Density Residential District; and WHEREAS the applicant has proffered to prepare and record on title to the land described in Exhibit "A" to this Ordinance, a declaration of restrictive covenants to restrict density on the parcel of land subject of this rezoning request to no more than 225 residential dwelling units on this 7.082 acre parcel and including any contiguous submerged land that may subsequently be acquired by the applicant or landowner, and the City Commission has accepted such proffer; and WHEREAS, the City Commission concurrently with this rezoning application has considered a small scale Comprehensive Plan amendment to change the land use designation of the Property from Business and Office to Medium High Density Residential (01- CPA -12); and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan, as proposed to be amended, and with the health, safety and welfare of the City. Ordinance No. 2012 - Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this ordinance. Section 2. Official Zoning Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the parcel of land located at 3250 NE 188 Street with legal description described in Exhibit "A" and folio numbers 28 2203 053 0010 and 28 2203 053 0020, from OP, Office Park District, to RMF313, Multifamily Medium Density Residential District. Section 3. 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 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 5. Effective Date. This Ordinance shall be effective immediately upon the effective date of the small scale amendment to the Comprehensive Plan (01- CPA -12) Ordinance No. 2012 - Page 3 and upon recordation of the proffered declaration of restrictive covenants, in form satisfactory to the City Manager and City Attorney, restricting density to no more than 225 residential dwelling units on this parcel, including any additional contiguous submerged land that may subsequently be acquired by the applicant or landowner. The applicant has proffered to record the declaration of restrictive covenants prior to January 31, 2013 or prior to issuance of the site development building permit, whichever date is earlier. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Ordinance No. 2012 - Page 4 PASSED on first reading this 5th day of June, 2012. PASSED AND ADOPTED on second reading this 10th day of July, 2012. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of July, 2012. CITY CLERK Ordinance No. 2012 - Page 5 Exhibit "A" Legal Description of Property Lots A and B, of Magnum Marine Plat, according to the Plat thereof, as recorded in Plat Book 147, Page 12, of the Public Records of Miami -Dade County, Florida. Also known as: A portion of that certain property deed to Gautier to Maule Industries Inc. and described in Deed Book 630 at Page 67 of the Public Records of Dade County, Florida, said portion being particularly described as follows: A portion of the Southeast '/4 of the Fractional Section 3, Township 52 South, Range 42 East, Dade County, Florida being particularly described as follows: Commence a the Southwest corner of the Southeast '/4 of the Northeast '/a of the Southwest '/4 of said Fractional Section 3, Township 52 South, Range 42 East; thence run South 89 degrees 56 minutes 45 seconds East along the south line of the southeast '/4 of the Northeast '/4 of the southwest '/4 of Fractional Section 3 for a distance of 450 feet; then run North 00 degrees 39 minutes 25 seconds West for a distance of 185.83 feet; thence run North 89 degrees 20minutes 35 seconds East for a distance of 1,217.70 feet to the point of beginning of the property herein described; thence continuing North 89 degrees 20 minutes 3 seconds East for 588.95 feet; then run North 00 degrees 39 minutes 25 seconds West for 35 feet; thence North 89 degrees 20 minutes 35 seconds East for 400 feet; thence run South 00 degrees 31 minutes 59 seconds East for 318.42 feet to the mean high water line of Dumfounding Bay and adjacent canal; thence along the said mean high water line for the next ten courses, run South 83 degrees 53 minutes 28 seconds West for 87.62 feet; thence run North 83 degrees 58 minutes 15 seconds West for 113.67 feet; thence run South 79 degrees 49 minutes 50 seconds West for 74.60 feet; thence run South 86 degrees 39 minutes 18 seconds West for 115.35 feet; thence run North 89 degrees 06 minutes 17 seconds West for 121.75 feet; thence run North 81 degrees 26 minutes 33 seconds West for 74.61 feet; thence run South 84 degrees 00 minutes 20 seconds West for 100.78 feet; thence run North 87 degrees 42 minutes 10 seconds West for 111.98 feet; thence run South 86 degrees 48 minutes 26 seconds West for 91.38 feet; thence run North 82 degrees 21 minutes 58 seconds Wes for 101.59 feet to the point of termination of the mean high water line; thence run North 0 degrees 39 minutes 25 seconds West for a distance of 274 feet to the point of beginning. Together with that certain property located in Miami -Dade County more particularly described as follows: Ordinance No. 2012 - Page 6 EXHIBIT "A" (continued) Commence at the Northwest corner of the North '/2 of the North '/2 of the South '/z of the SE '/4 of Fractional Section 3, Township 52 South, Range 42 East, of Dade County, Florida; thence run 00 degrees 31 minutes 59 seconds East along the west line of the SE '/4 of Fractional Section 3 for 155.33 feet to a point that is 175 feet North of the Southwest corner of said North '/2, North '/2 , South '/2, SE '/4 for 1989 feet to the Southeast corner of the 7.65 acre parcel described in trustees of the Internal Improvement Fund Deed No. 21380; thence run North 00 degrees 31 minutes 59 seconds West along the east line of said 7.65 acre parcel for 8.7 feet, more or less, to the north bank of the existing canal, being the southeast corner of the 16.0 acre parcel described in ORB 630 at Page 67 of the Public Records of Dade County, Florida and being the point of beginning of the hereinafter described parcel From said point of beginning, thence run South 00 degrees 31 minutes 59 seconds East along last described line, for 78.7 feet more or less to the southeast corner of said 7.65 acre parcel; thence run North 89 degrees 58 minutes 51 seconds West along the south line of said 7.65 acre parcel for 300 feet to the point of intersection with the northerly extension of the east line of the 11.93 acre parcel as described in trustees of the Internal Improvement Fund Deed No. 21379; thence run North 00 degrees 31 minutes 59 seconds West along last described northerly extension for 77.3 feet more or less to the north bank of the existing canal, as described in the 16.0 acre parcel description; thence run Easterly meandering the north bank of the existing canal, as described in the 16.0 parcel for 300 feet more or less to the point of beginning CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Cit ag r DATE: June 15, 2012 SUBJECT: Resolution Adopting in Principle Capital Improvement Program Document 2012/13 to 2016/17 July 10, 2012 City Commission Meeting Agenda Item q RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution adopting, in principle, subject to annual revision and authorization, the Capital Improvement Program for 2012/13 to 2016/17. BACKGROUND The 2012/13 to 2016/17 Capital Improvement Program document was reviewed at the June Commission Workshop Meeting. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1778 -12 /- �A PM City of Aventura Capital Improvement. Program 2012/13 — 2016/17 f CAPITAL IMPROVEMENT PROGRAM 2012113 - 2016117 of EXce CITY OF "ENTURA CITY COMMISSION 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 DEPARTMENT DIRECTORS Weiss Serota Helfman Pastoriza Cole & Boniske, P.A., City Attorney Robert M. Sherman, Community Services Director Teresa M. Soroka, City Clerk Joanne Carr, Community Development Director Karen J. Lanke, Information Technology Director Steven Steinberg, Police Chief Julie Alm, Principal Charter School Brian K. Raducci, Finance Director Steven Clark, Arts & Cultural Center General Manager Office of the City Manager June 2012 City of Avehtura Government Center 19200 Wen Country Club Drive Avenr►rs. Rodda 33180 The Honorable Mayor and Members of the City Commission City of Aventura Aventura, Florida 33180 Enclosed herein is the proposed City of Aventura (the "City ") Capital Improvement Program (CIP) for the fiscal period October 1, 2012 through September 30, 2017 and the proposed Capital Budget for the Fiscal period October 1, 2012 through September 30, 2013. The primary goal of the CIP is to develop a long —term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. It is important to stress that the CIP is a planning tool to evaluate infrastructure needs of the City as well as the financial capabilities of the City. In order to determine the impact of the CIP on the City's future operating budget, the City Commission and residents will be provided with the benefits of a CIP document which serves as a point of reference and includes an estimated long -term budget plan. At this point in the City's history, the need for major capital improvement funding has decreased substantially due to a very ambitious schedule of completing major community facilities and infrastructure projects during the past sixteen years since the incorporation of the City. This document represents an update of the CIP that was originally prepared for the five -year cycle of 2011 to 2016. The update process is important for the CIP to become a continuing and ongoing planning /implementation process. The last four years of last year's program were reevaluated in light of unanticipated needs, cost revisions, new project priorities and the financial condition of the City. In addition, the CIP was updated to add new projects in the fifth year (2016/17) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. -- The following represents the significant revisions or modifications to the proposed CIP compared to the prior document: • Revised Government Center Parking Facility budget amount from $2,175,000 to $3,300,000 due to change in scope of project. • Added Traffic Signal at intersection of NE 185th Street and NE 28th Court -$250,000 • Adding turning lane at N. Country Club Drive and NE 34th Avenue - $200,000. • Added NE 27th Avenue, NE 28th Court, NE 30th Avenue and NE 209th Street Resurfacing project - $530,000. • Added SplashPad water features replacement - $25,000. The proposed 2012 — 2017 CIP includes 26 projects in five (5) functional categories with a total value of $15,062,376. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (11%), Transportation, Drainage and Infrastructure Improvements (38 %), Capital Equipment Purchase and Replacement (22 %), Information /Communication Technology (18 %) and Public Buildings and Facilities Improvements (22 %). Major emphasis was placed on the following projects: • Road Resurfacing $3,182,000 • Government Center Parking Facility 3,300,000 • Street Lighting Upgrades 1,000,000 • Stormwater Drainage Improvements 1,000,000 • Traffic safety and flow Improvements 450,000 • Founders Park Improvements 127,000 It should be noted that the Police Communications Radio System Upgrade Project was not included in this document, as it is unknown at this time what year the project will take place. However, $2,000,000 has been set aside in the City's "Assigned" Fund Balance for this project to insure that funding is in place without impacting the budget. The document contains a detailed funding plan that forecasts revenues necessary to fund both the CIP and the operating budgets over the next five (5) years. The proposed funding plan is based on the assumption that operating expenditures can be maintained at certain percentage increases and revenues grow at specified levels. The plan is based on conservative estimates reflecting these uncertain economic times. I am proud of the many accomplishments and the support the City Commission and residents have shown in the implementation of the capital projects since the incorporation of the City. Our beautification projects, park and open space additions, Government Center, Community Recreation Center, Charter School, Arts & Cultural Center, transportation improvements and many other community enhancements continue to exhibit our commitment to excellence and —, .o am dM sm a .., am professionalism. This document serves many purposes. Importantly it serves as f an aid to the residents in providing a better understanding of the City's long -term capital needs and how the City intends to meet these demands. It also details our continuing effort to address the needs and concerns of our citizens while making prudent financial decisions which contribute to the City's long -term financial health. The preparation and formulation of this document could not have been accomplished without the dedicated efforts of all Department Directors and their staff. Their professional efforts have assisted in the preparation of this important planning program. I request and recommend that you take the following actions regarding the proposed 2012 - 2017 Capital Improvement Program: 1. Hold a workshop meeting to review the CIP document in June. 2. Transmit copies of the CIP summary document to the public. 3. Hold a public hearing to conceptually adopt the final CIP document, by resolution, for implementation. All questions relating to the CIP should be referred to my attention. °- Respectfully submitted, G• •- Eric M. So a City Manager 0- CAPITAL IMPROVEMENT PROGRAM 2012-2017 HIGHLIGHTS • Road maintenance projects that total $3,182,000 to resurface asphalt and enhance safety are included for Country Club Drive, NE 207th Street, NE 213th Street, Biscayne Lake Gardens, NE 27th Avenue, NE 28th Court, NE 30th Avenue and NE 209th Street. • Provides for the installation of a traffic signal at the intersection of NE 185th Street and NE 28th Court at a cost of $250,000. • Includes a new turning lane at N. Country Club Drive and NE 34th Avenue at a cost of $200,000. • Utilizes a stormwater utility program to maintain drainage systems throughout the City. A total of $1,000,000 has been earmarked during the five -year period. • Funds improvements to Founders Park replacing splashpad water features at a cost of $127,000. • Includes the construction a three level parking area adjacent to the Government Center to accommodate additional parking at a cost of $3,300,000. • Provides funding in the amount of $1,000,000 to complete, over a two year period, the street lighting upgrade project along the eastside of Biscayne Boulevard. • Provides the necessary equipment to continue to provide high quality and effective police services. • Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of City operations. • Ensures that the tools of production, vehicles, equipment and technology, are available for City operations. a„ am .. Ono Mn 4M A-" Ao Oft Im, .... 0 CAPITAL IMPROVEMENT PROGRAM 2012-2017 TABLE OF CONTENTS INTRODUCTION Purpose of the Capital Improvement Program Legal Authority Development of the Capital Improvement Program Capital Improvement Program Policies Preparing the Capital Budget Locating a Specific Capital Project Reading the Program Schedules OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects Summary of Major Programs Summary of Proposed Appropriations by Funding Source Summary of Projects by Location and Year FUNDING PLAN Introduction Debt vs. Pay -As- You -Go Financing Required Separation of Funding Sources Summary of Financing Plan Model Proposed Financing Plan General Fund Proposed Financing Plan Transportation Fund Proposed Financing Plan Stormwater Utility Fund PAGE 1 2 2 3 4 4 5 7 7 8 9 11 11 12 13 14 18 19 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES Beautification and Park Facilities Improvements 22 Transportation, Drainage and Infrastructure Improvements 29 Public Buildings and Facilities Improvements 36 Information /Communications Technology 40 Capital Equipment Purchases and Replacements 49 am .. am .. ." .. .. .. ... A- kti_t f•I \;{ tciM +•1ff f ©fExce INTRODUCTION F= City of Aventura INTRODUCTION This section describes what a Capital Improvement Program (CIP) is and the process for developing the City of Aventura (the "City ") Capital Improvement Program and Capital Budget. This introduction also explains how to locate a specific project in this document. PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM The purpose of the CIP is to establish a long term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CIP document as a point of reference and estimated long -term budget plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The CIP is an official statement of public policy regarding long -range capital development within the City. A capital improvement is defined as a capital expenditure of $5,000 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character, and durable equipment with a life expectancy of more than one (1) year. In addition, equipment that has a value of $5,000 or less is also included in this document for budgetary purposes. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also communicates to the citizens, businesses and interested parties the City's capital priorities and plan for implementing projects. The five -year CIP is updated annually to add new projects in the fifth year, to re- evaluate the program and project priorities in light of unanticipated needs, and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes a continuing part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: The CIP is a tool for implementing the City's Comprehensive Plan. 2. The CIP process provides a mechanism for coordinating among projects with respect to function, location, and timing. Capital Improvement Program 2012 -2017 Page 1 City of Aventura MM 3. The yearly evaluation of project priorities ensures that the most crucial projects are developed first. 4. The CIP process facilitates long -range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long -range fiscal framework. The sound fiscal policy that results from this process will have a positive impact on the City's bond rating. 5. The impact of capital projects on the City's operating budget can be projected. 6. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments and the City Commission. LEGAL AUTHORITY A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations, incorporated as Chapter 163, Florida Statues. DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM The City's capital programming process began in December when operating departments were required to prepare requests for all proposed capital projects anticipated during the period of 2012 - 2017. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, need of residents and funding. Projects were prioritized on the basis of Urgency, Necessity, Desirability, and Deferability. The City Manager reviewed departmental requests and conducted individual meetings with Department Directors. The departmental requests were prioritized and the five - year schedule of projects was compiled into document form by the City Manager. The methods of financing and revenue sources were then prepared by the Finance Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and public for review. In order to facilitate public involvement, public hearings and community meetings will be held to unveil and review the CIP document prior to the adoption of a Resolution approving the CIP in principle. Capital Improvement Program 2012 -2017 Page 2 .. am no .. am A. CAPITAL IMPROVEMENT PROGRAM POLICIES 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 City of Aventura Annually, the City will prepare a five -year capital improvement program analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. The City will perform all capital improvements in accordance with an adopted CIP. The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one (1) year and a value of $5,000 or more. In addition, equipment that has a value of $5,000 or less is also included in the document for budgetary purposes. The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. The first year of the five -year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. The City will determine the most appropriate financing method for all new projects. If appropriate, the City will attempt to maintain a mixed policy of pay -as- you -go and borrowing against future revenues for financing capital projects. The City will maintain ongoing maintenance schedules relating to road, sidewalk and drainage system improvements. The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. A CIP preparation calendar shall be established and adhered to. Capital projects will conform to the City's Comprehensive Plan. Long -term borrowing will not be used to fund current operations or normal maintenance. The City will strive to maintain an unreserved General Fund Fund Balance at a level not less than 10% of the annual General Fund revenue. Capital Improvement Program 2012 -2017 Page 3 w City of Aventura dM 16. If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid -year budget amendments will be utilized to provide formal budgetary authority. In addition budget amendments may be utilized to increase appropriations for specific capital projects. PREPARING THE CAPITAL BUDGET The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five -year program as part of the annual budget review process. Based on the CIP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. Capital Improvement Programming thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure of funds for employee salaries, supplies and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. LOCATING A SPECIFIC CAPITAL PROJECT The Capital Improvement Program is divided into five (5) program areas as follows: Beautification and Parks (BP) Transportation, Drainage and Infrastructure Improvements (TDI) Public Buildings and Facilities (PBF) Information /Communications Technology (ICT) Capital Equipment Purchases & Replacement (CE) Each project in the Capital Improvement Program has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to functional category priority number assigned by the City Manager. The final digits outline the individual department requesting the project. For example, project TDI -1 -CS is Transportation, Drainage and Infrastructure Improvements project number one which was requested by the Community Services Department. Capital Improvement Program 2012 -2017 Page 4 Am .. am AM dM II dM .m MW ..D am 1. City of Aventura 0 READING THE PROGRAM SCHEDULES Detailed information about each capital project is presented in the section titled "Capital Improvement Program Project Descriptions and Funding Schedules." The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. Capital Improvement Program 2012 -2017 Page 5 0- - it A& IM" EIIIIIIIII City of Aventura F1 OVERVIEW Capital Improvement Program 2012-2017 Page 6 City of Aventura Capita Page 7 City of Aventura Capital Improvement Program 2012 -2017 Page 8 City of Aventura SUMMARY OF PROJECTS BY LOCATION AND YEAR The following outlines the major projects by location and the year they are proposed to be funded: Table 3 Capital Improvement Program 2012/13 - 2016/17 Summary By Location Capital Improvement Program 2012 -2017 Page 9 Transportation Park Location Improvements Improve Founders Park Improvements 2012 -2016 Biscayne Boulevard Street lighting 2012-2014 Country Club Drive 2012-2014 NE 207'h Street 2014/15 NE 213'h Street 2015116 Biscayne Lake Gardens 2015116 NE 27th Avenue 2016117 NE 210"' Street NE 28th Court 2016117 NE 30th Avenue 2016117 NE 209th 2016117 Capital Improvement Program 2012 -2017 Page 9 s wr w.. r� City of Aventura Capital Improvement Program 2012 -2017 Page 10 City of Aventura FUNDING PLAN INTRODUCTION In order for a CIP to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the CIP itself but the required operating expenses and debt service requirements of the City. In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the CIP. 2. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. 3. Once the CIP projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the CIP for each year. 4. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will be made on whether the program is to be financed by the issuance of debt, on a pay -as- you -go basis or some combination of the two (2). The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five -year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets, and ordinances to implement fee structures which will be required to fund the program each year. DEBT VS PAY -AS- YOU -GO FINANCING Debt financing through the issuance of long term bonds is most appropriate when: There are a small number of relatively large dollar value projects. 2. Larger projects cannot be broken into segments and the costs distributed over a longer time frame without impairing the usefulness of the project. Capital Improvement Program 2012 -2017 Page 11 City of Aventura 3. The projects are non - recurring. 4. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long -term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay -as- you -go financing is most appropriate for a CIP which includes: 1. A large number of projects having a relatively small dollar value. 2. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. 3. Projects which are of a recurring nature. 4. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay -as- you -go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a CIP. REQUIRED SEPARATION OF FUNDING SOURCES In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay -as- you -go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: 1. General Fund 2. Transportation and Street Maintenance Fund 3. Charter School Fund 4. Park Development Fund 5. Stormwater Utility Fund Capital Improvement Program 2012 -2017 Page 12 am -. ow Am OWN .. dM dW am Aft City of Aventura In accordance with accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition, capital outlay for the Charter School is included in a separate Budget adopted by the City Commission. SUMMARY OF FINANCING PLAN MODEL Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: 1. Utilize "pay -as- you -go" financing through annual appropriations to fund the total five year amount of $15,062,376. No additional debt is recommended. 2. Adjusts property tax revenues based on projected slow growth in assessments caused by the economic downturn. Capital Improvement Program 2012 -2017 Page 13 City of Aventura am PROPOSED FINANCING PLAN GENERALFUND After evaluating the nature of the various projects that are included in the City's General CIP, it was decided that pay -as- you -go would be most appropriate for funding the program. FINANCING PLAN TABLES Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General CIP for each year of the program. Table 7 presents a five -year projection of resources which will be available for General Government Services. Unless shown by an asterisk ( *), the amount projected for each revenue is based on the tax rate or fee structure in effect during the 2011 /12 fiscal year. Revenue descriptions followed by an asterisk ( *) were computed based on a projected increase in the rate structure as discussed in the assumption of projections. Table 2 presents a five -year projection of required operating expenses for General Government Services which utilize the cost data as outlined in the assumption of projections. Table 3 is a recap of resources available to fund the General CIP based on projected revenues and expenditures and the proposed Capital Improvement Program appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures will be transferred to the CIP Fund and that any balance in the CIP Fund will remain in the CIP. Through this process, the City will be able to accumulate a reserve which would be used to fund unexpected capital outlays or to fund future years' programs. Capital Improvement Program 2012 -2017 Page 14 M" am as as am as a+ r� r� 0 City of Aventura TABLE 1 PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES 2011112 2012113 2013114 2014/15 2016/16 2016117 CURRENT YEAR REVENUES AVAILABLE FOR GENERAL GOVERMENT SERVICES AD VALOREM TAXES FPL FRANCHISE FEES FRANCHISE FEES UTILITY TAXES SECTION 185 PREMIUM TAX CITY BUSINESS LICENSES TAX BUILDING RELATED REVENUE STATE SHARED REVENUES- UNRESTRICTED HALF CENT SALES TAX CHARGES FOR SERVICES FINES AND FORFEITURES MISC. REVENUES INTEREST ON INVESTMENTS COUNTY BUSINESS TAX TOTAL CURRENT YEAR REVENUES TRANSFERS FROM E911 FUND TRANSFERS FROM SCHOOL FUND TOTAL AVAILABLE $12,005,146 12,275,000 $12,643,250 $13,022,548 $13,478,337 $13,950,078 (a) 2,991,000 2,300,000 2,346,000 2,392,920 2,440,778 2,489,594 (b) 515,000 480,000 494,400 509,232 524,509 540,244 (c) 7,409,625 7,509,000 7,734,270 7,966,298 8,205,287 8,451,446 (d) 284,000 250,000 250,000 250,000 250,000 250,000 725,000 772,000 779,720 787,517 795,392 803,346 (e) 1,319,000 1,467,500 1,437,500 1,387,500 1,337,500 900,000 (f) 401,219 416,677 429,177 442,053 455,314 466,974 (g) 1,725,000 2,200,000 2,277,000 2,356,695 2,439,179 2,524,551 (h) 1,820,200 1,856,500 1,921,478 1,988,729 2,058,335 2,130,376 (i) 1,457,000 1,457,000 1,500,710 1,545,731 1,592,103 1,639,866 0) 41,000 37,000 65,000 65,000 65,000 70,000 150,000 125,000 200,000 250,000 275,000 300,000 44,000 45,000 45,000 45,000 45,000 45,000 $30,887,190 $31,210,677 $32,123,505 $33,009,223 $33,961,735 $34,563,476 82,250 8,000 8,280 8,570 8,870 9,180 - - 30,000 30,000 30,000 30,000 $ 30,969,440 $ 31,218,677 $ 32,161,785 $ 33,047,793 $ 34,000,605 $ 34,602,656 NOTES TO ASSUMPTION OF PROJECTIONS (a) Ad Valorem Tax revenues are estimated to grow at the rate of 2.25% in 2012/13 and then 3% to 3.5% in future years. (b) FPL Franchise Fees from Dade County will grow at the rate of 2% per year. (c) Franchise fees will grow at the rate of 3% per year. (d) Utility taxes will grow at the rate of 3% per year. (e) Business License Tax will grow at the rate of 1.0% per year. (f) Building related revenues will decrease over the 5 year period. (g) State shared revenues will grow at the rate of 3% per year. (h) Half -cent sales tax will grow at the rate 3.5% per year. (i) Charges for services will grow at the rate of 3.5% per year. 0) Fines & forfeitures will grow at the rate of 3% per year. Capital Improvement Program 2012 -2017 Page 15 City of Aventura w TABLE 2 PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES DEPARTMENT 2011112 2012113 2013114 2014115 2015116 2016/17 City Commission $ 119,938 $ 123,068 $ 125,529 $ 129,295 $ 133,174 $ 137,169 Office of the City Manager 888,673 910,770 947,201 985,089 1,024,492 1,065,472 Legal 280,000 270,000 270,000 270,000 270,000 270,000 City Clerk 270,082 299,921 314,917 330,663 363,809 389,276 Finance 875,064 814,017 854,718 897,454 942,326 989,443 Information Technology 969,176 929,205 971,019 1,019,570.19 1,070,549 1,124,076 Public Safety 15,895,719 16,335,830 17,070,942 17,839,135 18,641,896 19,480,781 Arts & Cultural Center 673,253 673,053 703,340 734,991 768,065 802,628 Community Development 1,506,872 1,664,314 1,697,530 1,732,406 1,769,026 1,839,788 Community Services 4,069,104 4,156,509 4,322,769 4,495,680 4,675,507 4,862,528 Non - Departmental 1,604,000 1,420,556 1,477,378 1,536,473 1,597,932 1,661,850 TOTAL PROJECTED OPERATING EXPENDITURES GENERAL GOVERNMENTAL SERVICES $ 27,151,881 $ 27,597,243 $ 28,755,344 $ 29,970,756 $ 31,256,778 $ 32,623,010 TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2,220,979 2,220,979 2,220,979 2,220,979 2,220,979 2,220,979 Transfers TOTAL PROJECTED EXPENDITURES $ 29,372,860 $ 29,818,222 $ 30,976,323 $ 32,191,735 $ 33,477,757 $ 34,843,989 NOTES TO ASSUMPTION OF PROJECTIONS Operating expenditures will increase 2% in 2012/13 and 4% each year thereafter. Capital Improvement Program 2012 -2017 w w w w w an w r w w w w n Page 16 w TABLE 3 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT PROGRAM I TOTAL PROJECTED AVAILABLE RESOURCES PROJECTED OPERATING EXPENDITURES DEBT SERVICE REQUIREMENTS SUBTOTAL - EXPENDITURES BALANCE Less CIP APPROPRIATIONS AMOUNT NEEDED FROM CIP RESERVE OR NEW REVENUES City of Aventura 2012/13 2013/14 2014/15 2015/16 2016/17 2,220,979 2,220,979 2,220,979 2,220,979 $31,218,677 $32,161,785 $33,047,793 $34,000,605 $34,602,656 27,597,243 28,755,344 29,970,756 31,256,778 32,623,010 2,220,979 2,220,979 2,220,979 2,220,979 2,220,979 29,818,222 30,976,323 32,191,735 33,477,757 34,843,989 1,400,455 1,185,461 856,058 522,848 (241,334) 5,342,500 1,580,700 1,079,650 1,036,550 1,071,476 2012/13 2013/14 2014/15 2015/16 2016/17 $ (1,312,810) $ (3,942,045) $ (395,239) $ (223,592) $ (513,702) $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 Revenues $15,000,00 0 re" Expenditu $10,000,000 a CIP. $5,000,000 $0 .o __ —. 2012/13 2013/14 2014/15 2015/16 2016/17 Capital Improvement Program 2012 -2017 Page 17 City of Aventura PROPOSED FINANCING PLAN TRANSPORTATION FUND This fund was established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. This table reflects the anticipated revenues available and the proposed appropriations. TABLE 4 TRANSPORTATION AND STREET MAINTENANCE FUND RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS SUMMARY BY YEAR REVENUES LOCAL OPTION GAS TAX INTEREST EARNINGS STATE SHARED REVENUES- RESTRICTED CARRYOVER COUNTY TRANSIT SYSTEM SURTAX TOTAL REVENUES 2011112 2012113 2013114 2014115 2015116 2016117 450,000 450,000 450,000 450,000 450,000 450,000 500 500 500 500 500 500 155,250 166,260 166,250 166,250 166,260 155,260 130,000 59,150 62,650 40,648 129,636 271,672 906,400 975,000 975,000 975,000 975,000 975,000 1,642,150 1,639,900 1,633,400 1,621,398 1,710,386 1,852,322 EXPENDITURES Maintenance Operating Expenditures 400,000 416,000 432,640 449,946 467,943 486,661 Transit Services 375,000 386,250 390,113 401,816 413,870 426,286 TOTAL EXPENDITURES 775,000 802,250 822,753 851,761 881,814 912,948 Total For Capital 867,150 837,650 810,648 769,636 828,572 939,375 CAPITAL EXPENDITURES Project Title 2011112 2012113 2013114 2014115 2015116 2016/17 Street Lighting 200,000 100,000 - - - - Road Resurfacing Program 608,000 685,000 770,000 640,000 557,000 530,000 TOTAL CAPITAL EXPENDITURES $ 808,000 $ 785,000 $ 770,000 $ 640,000 $ 557,000 $ 530,000 Reserves $ 59,150 $ 52,650 $ 40,648 $ 129,636 $ 271,672 $ 409,375 Capital Improvement Program 2012 -2017 Page 18 ,, City of Aventura PROPOSED FINANCING PLAN STORMWATER UTILITY FUND The City is responsible for stormwater management activities within its corporate boundaries. In order to address deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund was created. The Fund generates revenues for stormwater management costs, permitting, maintenance and capital improvements from a source other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user fees charged to residents and businesses for generating revenues. The City has recognized the need and importance of taking a proactive approach toward stormwater management. The stormwater drainage improvements contained in the five -year Capital Improvement Program were based on a complete survey of all areas of the City conducted by the Community Services Department together with the City's consulting engineers. The Fund will be responsible for ongoing operation and maintenance costs, as well as capital improvements. Table 7 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five -year period. A total of $1,000,000 worth of stormwater drainage projects will be completed during the five -year period. The monthly rate charged to users per unit was $2.50 for 2011/12. It is not recommended that the fee be increased during the next five (5) years. DADE COUNTY MUNICIPAL STORMWATER UTILITY RATES Coral Gables $3.50 Golden Beach $12.00 Hialeah $2.50 Homestead $ 1.25 Key Biscayne $5.00 Medley $ 2.50 Miami $3.50 Miami Beach $ 2.50 Miami Shores $2.50 North Miami $ 2.50 North Miami Beach $2.50 South Miami $ 2.50 Sweetwater $2.50 Capital Improvement Program 2012 -2017 Page 19 City of Aventura TABLE 7 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS STORMWATER UTILITY FUND 2011/12 2012113 2013/14 2014/15 2015116 2015/16 Customer Data: Projected No. of Billable ERUs (1) 29,217 29,217 29,517 29,517 29,517 29,517 Monthly Rate Per ERU $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 Reu:nues: Gross Stormwater Utility Billings (2) $876,510 $876,510 $885,510 $885,510 $885,510 $885,510 Less: Uncollectibles (3) - 35,060 - 35,060 - 35,420 - 35,420 - 35,420 - 35,420 Carry O<erofSurplus 0 0 121,450 230,739 318,397 383,557 $ 841,450 $ 841,450 $ 971,539 $ 1,080,829 $ 1,168,486 $ 1,233,647 Operating Expenses: (4) 500,000 520,000 540,800 562,432 584,929 608,326 Available for CIP & Debt Service $ 341,450 $ 321,450 $ 430,739 $ 518,397 $ 583,557 $ 625,320 Annual CIP Expenditures: 200,000 200,000 200,000 200,000 200,000 200,000 Annual Surplus /(Deficit): $ 141,450 $ 121,450 $ 230,739 $ 318,397 $ 383,557 $ 425,320 NOTES TO ASSUMPTION OF PROJECTIONS (1) Projected to remain flat. (2) Equals Projected No. of Billable ERUs multiplied by the Monthly Rate Per ERU, with the result annualized. (3) Equals 4% of Gross Stormwater Utility Billings in Year Shown. (4) Includes Operation and Maintenance, Engineering, Administration, Review of Existing Account Data Costs. Projected to continue to grow at an annual rate of 4 %. Capital Improvement Program 2012 -2017 Page 20 Mo .w .w ..R w w ws no ,a am r" 1- .- Capital Improvement Program 2012 -2017 City of Aventura ff f�ii �4 zi it1 t +Gl;, of Exce PROJECT DESCRIPTIONS Page 21 City of Aventura BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS This section includes beautification projects and improvements to the City's park system and recreational facilities. There are two (2) projects in the CIP, which total $171,600. Special emphasis was given to upgrading existing park facilities. Policies IThe City's investment in improvements to the City park system is based on the following policies: J Goal: Provide adequate and accessible parks and facilities to meet the I recreational needs of all current and future residents. Provide a variety of quality recreation facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. • Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. • Provide exercise /walking paths to enhance the physical well being of I residents. Provide recreational facilities on the basis of 2.75 acres per 1,000 population. • Encourage the integration of recreational facilities into the development of I residential, commercial, industrial, and open space land uses. Goal: Update the five -year CIP on an annual basis. • Provide parks whereby residents have access to neighborhood parks within a 2 mile radius and community parks which serve the entire City. Goal: Increase Safety Standards Provide for adequate security measure including limited access facilities. • Replace dangerous equipment and eliminate visual barriers to reduce I criminal opportunities. Employ vandal- resistant equipment and facilities. • Maintain a Parks Usage Plan to protect the City's investment in the park I system and insure the residents' safety. Capital Improvement Program 2012 -2017 Page 22 City of Aventura Goal: Protect and preserve environmentally sensitive land and water areas. Preserve and enhance open space with environmental impact. Existing Facilities There is 30.5 acres of open space and public park land in the City. Aventura Founders Park was opened in November 1998. This 11 acre site located on West Country Club Drive and NE 190 Street includes both active and passive recreational opportunities. The park encompasses the following components: Splash pad, Jogging Path, tennis courts, gated entries, One ball field w/ dugouts and backstops, Restroom Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk, landscaping, two parking lots, multi - purpose plaza areas, signage, benches, and security lighting. Don Soffer Exercise/Walking Path contains 5.5 acres that is classified as open space recreation area. This facility is used by residents for both recreational and exercise purposes. Waterways Dog Park was acquired by the City in 1998 from a private developer. This 1.5 acre site was previously constructed by a private developer. The City converted this site to a dog park in 2008. Waterways Park was purchased in 2006. The 7 acre site that include a multipurpose sports field, playground, basketball court, fitness trail, parking and restroom facilities was opened in 2008. Arthur I Snyder Memorial Park was purchased in 1998. This 3.5 acre site was one of the last remaining waterfront undeveloped parcels in the City. This site contains the Community /Recreation Center. Open passive and sitting areas are available at this location. Veterans Park was acquired by the City from a private developer in 2001. This 2 acre site is located on NE 31St Avenue. Facilities and amenities include: parking lot; 1.5 acre open playfield area; playground facilities; restroom facilities and landscaping with shade trees. This park was modified in 2008 by removing the dog play area and expanding the children's play area and adding a restroom facility. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2011/12 fiscal year: Project Title Year Conceptual Design of Aventura Founders Park 1996/97 Design of Country Club Drive Exercise Safety Improvements 1996/97 Capital Improvement Program 2012 -2017 Page 23 as as dM as as as mm as AM w AM MW left 0 City of Aventura Purchase of 5.5 acres for Aventura Founders Park 1996/97 Bus Shelter & Bench Replacements 1996/97, 1997/98, 1998/99 1999/00, 2000/01, 2001/02 2005/06 Aventura Blvd Beautification Improvements 1997/98 Northern Entrance Beautification Improvements 1997/98 Aventura Founders Park Development 1997/98 Country Club Drive Exercise/Walking Path Improvements 1997/98 NE 183rd Street Beautification Improvements 1997/98 NE 34th Avenue Beautification Improvements 1997/98 Library Landscaping Project 1997/98 Huber Tract Open Space Land Purchase 1998/99 NE 207th Street Beautification Improvements 1998/99 Country Club Dr. Exercise Path Safety Improvements 1998/99, 2004/05, 2009/10 NE 190th Street Beautification Improvements 1998/99 Biscayne Boulevard Phase I Beautification Improvements 1998/99 FEC Landscape Buffer 1998/99 NE 191St Street Beautification Improvements 1998/99 Waterways Park Improvements 1999/00 Founders Park Improvements 1999/00, 2001/02, 2002/03 2003/04, 2005/06, 2010/11 Biscayne Boulevard Phase II Beautification Improvements 1999/00 NE 185th Street & NE 28th Ave Beautification Improvements 1999/00 NE 213th Street Beautification Improvements 2001/02 Aventura Blvd. Entrance Features 2001/02 Community /Recreation Center Conceptual Design 2000/01 Community Recreation Center Development 2001/02 Expanded Waterways Park Purchase 2003104 Biscayne Boulevard Phase II Beautification Improvements 2001/02 Country Club Drive Beautification Improvements 2002/03 Newspaper Racks 2002/03, 2003/04 NE 188th Street Beautification Improvements 2002/03 Yacht Club Way Beautification Improvements 2003/04 William Lehman Causeway Beautification Improvements 2003/04, 2004/05 Veterans Park Development 2003/04 Waterways Park Design 2005/06 Founders Park Parking Lot Expansion 2005/06 NE 207th Street Swale Beautification Improvements 2005/06 Waterways Park Development 2006/07, 2007/08 Splashpad Addition to Founders Park 2006/07 Miami Gardens Drive Beautification Improvements 2006/07 Waterways Dog Park Development 2007/08 Veterans Park Modifications 2007/08 Entrance Features Upgrades 2010/11 Founders Park Improvements 2011/12 Capital Improvement Program 2012 -2017 Page 24 City of Aventura Park Facilities /Open Space Recreation The City's estimated current population is 36,000. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 99 acres. In calculating the number of recreation acres the City has available for use by residents, public private, golf courses and marinas are accounted for at a different degree depending on accessibility to citizens of the City. Assuming that public facilities can be accounted for at 100 %, private recreation facilities at 50 %, and marinas and the golf course at 25 %, the City existing and proposed recreation areas total 115. Therefore, no deficiency exists under the City's standards. Table PFOS1 contains an inventory of existing and proposed recreation and open space areas. The City owns 30.5 park/open space acres. Table PFOS 1 CITY OF AVENTURA Recreation /Open Space Inventory TYPE FACILITY Public Recreation Areas C Don Soffer Exercise/Walking path C Arthur I Snyder Memorial Park N Veterans Park N Waterways Park N Waterways Dog Park N Aventura Founders Park Public Recreation Subtotal ACRES APPLICABLE ACRES 5.5 5.5 3.5 3.5 2.0 2.0 7.0 7.0 1.5 1.5 11.0 11.0 30.5 30.5 Private Recreation Areas Private Recreation Sites 63.61 31.81 Marina Complexes 9.40 2.35 Golf Courses 203.17 50.79 Private Recreation Subtotal 276.18 84.95 Total Recreation Areas 306.68 115.45 C = Community Park N = Neighborhood Park Citywide Beautification Program In December of 1996, the City Commission approved the landscape design concepts to be utilized with the implementation of a City -wide Beautification Program. This major undertaking, addresses median and right of way landscaping throughout the public areas within the City, and was adopted as one of the City's budget priorities and goals. The landscape design includes the planting of an assortment of palm trees, including date palms at the City's entrances and coconut and royal palms on various medians throughout the City, as well as shade trees such as live oaks. Capital Improvement Program 2012 -2017 Page 25 am ., me am am .. am .. .. ., City of Aventura With this Beautification Program, the City Commission has fulfilled its long -term goal of creating the signature of the City and establishing its reputation as "the most beautiful City in South Florida." The actual construction of these projects will be ongoing until all of the improvements to the various areas within the City are complete. In 2006, the City funded a Landscape Restoration Program in the amount of $1,500,000 to respond to damage from hurricanes experienced in 2005. The following areas have been completed as of the 2011/12 fiscal year: Aventura Boulevard, Northern City Entrance, NE 207th Street, NE 183`d Street, NE 185th Street & 28th Avenue, NE 190th Street, NE 191St Street, NE 29th Avenue, NE 187th Street, NE 188th Street, NE 213th Street, Biscayne Boulevard and FEC Landscape Buffer, Aventura Boulevard Entrance Features, Country Club Drive, Yacht Club Way, William Lehman Causeway, NE 207th Street Swale, 2006 Citywide Hurricane Landscape Restoration Program; Miami Gardens Drive and the Biscayne Boulevard Median (NE 209 -212 St). Funding Plan Funding for the proposed beautification and park facilities will be provided by the proceeds from the following revenue sources: Total Category Budget $171,600 Funding: General Fund $171,600 Capital Improvement Program 2012 -2017 Page 26 City of Aventura PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2012/13 - 20016/17 SUMMARY BY YEAR Bpi Founders Park Improvements CS $ - $ 65,000 $ 25,000 $ 12,000 $ 25,000 $ 127,000 BP2 City -wide Beautification Improvements CS 8,600 9,000 9,000 9,000 9,000 44,600 Totals $ 8,600 $ 74,000 $ 34,000 $ 21,000 $ 34,000 $ 171,600 TABLE 2 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2012/13 - 20016/17 FUNDING PLAN Bpi Founders Park Improvements CS BP3 City -wide Beautification Improvements CS Totals Capital Improvement Program 2012 -2017 127,000 127,000 44,600 44,600 171,600 $ - $ 171,600 Page 27 w 0— City of Aventura PROPOSED PROJECTS 1 —CS Founders Park Improvements 2013/14 $65,000 2014/15 $25,000 2015/16 $12,000 2016/17 $25,000 This project consists of maintenance projects, replacing and updating playground equipment. 2013/14 Replace SplashPad Water Features 25,000 Replace SplashPad Surfacing 40,000 2014/15 Replace SplashPad Water Features 25,000 2015/16 Replace Office and Welcome Center Furniture 12,000 2016/17 Replace SplashPad Water Features 25,000 2 -CS City -wide Beautification Improvements 2012/13 $8,600 2013/14 $9,000 2014/15 $9,000 2015/16 $9,000 2016/17 $9,000 This project consists of replacing aging street furniture that is no longer useful. 2012/13 Purchase Trash Cans 8,600 2013/14 Purchase Trash Cans 9,000 2014/15 Purchase Trash Cans 9,000 2015/16 Purchase Trash Cans 9,000 2016/17 Purchase Trash Cans 9,000 Capital Improvement Program 2012 -2017 Page 28 0 0 City of Aventura I TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE I IMPROVEMENTS This section includes improvements to the City's transportation system, roadways, drainage system, sidewalks, pedestrian pathways, street lighting, transit and other infrastructure improvements. There are four (4) improvement projects in the Capital Improvement Program, which total $5,632,000. Special emphasis was given to improving traffic flow, correcting drainage deficiencies and road resurfacing and addressing maintenance considerations. The projects outlined in this section have been developed based on a survey of all areas of the City, with respect to the improvement items, by the Community Services Department; City's consulting engineer and staff. The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. IPolicies The City's investment in improvements to its transportation system, roads, sidewalks, street lighting and drainage system is based on the following policies: Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. • Coordinate area -wide storm water developments with major street improvements. • Provide adequate storm drainage as defined by present standards for different types of areas of the City. • Upgrade areas of the City to conform to present drainage standards to eliminate flood prone areas. Goal: Improve local roads to meet road safety requirements and serve the transportation needs of the City. • Systematically provide local street improvements throughout the City based upon the existing condition and age of the street and the cost of maintenance of the street. • Provide an adequate road transportation network that meets or exceeds the capacity rating outlined in the Comprehensive Plan. • Implement improvements to meet safety standards. • Improve safety by installing street lighting on all appropriate public roadways. • Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. Capital Improvement Program 2012 -2017 Page 29 City of Aventura • Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97 -05. Goal: Address traffic flow along the major roadways and intersections by implementing projects that create improvements to the system. • Implement the recommendations of the City's Traffic Advisory board and its Traffic consultant. Existing Facilities The following is a list of current public roads under the jurisdiction of the City: NE 185th Street NE 27th Court NE 28th Place NE 28th Avenue NE 29th Avenue NE 29th Court NE 29th Place NE 30th Avenue NE 34th Avenue NE 187th Street NE 188th Street NE 190th Street NE 191St Street NE 192nd Street NE 193rd Street Aventura Boulevard West Country Club Drive North Country Club Drive East Country Club Drive NE 201 Terrace NE 203rd Street NE 205th Street NE 206th Street NE 207th Street NE 208th Street NE 208th Terrace NE 209th Street NE 211 th Street NE 213th Street NE 214th Terrace NE 214th Street NE 183rd Street Yacht Club Drive Turnberry Way NE 27th Court Prior Accomplishments Since the inception of the CIP, the following projects have been completed or are scheduled for completion as of the 2011 /12 fiscal year: Project Title Year Country Club Drive Drainage Improvements 1996/97 Sidewalk Installation — Southside of Lehman Causeway 1996/97 Pedestrian Safety Study 1996/97 Aventura Boulevard Street Lighting Improvements 1997/98 NE 183rd Street & Drainage Improvements 1997/98 NE183rd Street Lighting Improvements 1997/98 NE 207th Street Lighting Improvements 1997/98 North Aventura Stormwater Collector (213th Street) 1997/98 Pedestrian Transportation Circulation Safety Improvements 1997/98 Capital Improvement Program 2012 -2017 Page 30 no .M dM am a" 4W am .. dM am ., an .. .w 0 City of Aventura NE 190th Street Lighting Improvements 1998/99 South Aventura Stormwater Collector 1998/99 Sidewalk Improvements & Replacements 1998/99,1999/00, 2000/01 NE 34th avenue Street Lighting Improvements 1999100 NE 185th Street & NE 28t Avenue Improvements 1999/00 Safety Improvements — Country Club Drive 1999/00 NE 30th Avenue Drainage Improvements 2000/01 NE 213th Street Lighting Improvements 2000/01 NE 34th Avenue Safety /Road Improvements 2000/01 Biscayne Lake Gardens Area Drainage Improvements 2001/02 NE 188th Street, Lighting & Drainage Improvements 2002/03 Country Club Drive Improvements 2002/03 NE 190TH Street Drainage Improvements 2002/03 Yacht Club way Drainage and Lighting Improvements 2003/04 NE 31St Avenue Decorative Street Lighting 2003/04 Extension of Lehman Causeway Westbound Service Road 2003/04 Illuminated Street Signs 2003/04 Hospital District NE 213TH Street Drainage Connector 2003/04 Hospital District North Collector 2004/05 NE 207th Street Resurfacing 2004/05 Traffic Video Monitoring Program 2004/05, 2005/06 Directional Signs 2004/05 Yacht Club Drive Seawall Improvements 2005/06 Miami Gardens Drive 2005/06 Aventura Boulevard Resurfacing 2005/06 NE 213th Street Outfall Drainage improvement 2006/07 Miami Gardens Drive Extension and Street Lighting 2006/07 Ne 29th Avenue Street Lighting Improvements 2006/07 Yacht Club Drive Resurfacing 2006/07 Countdown Pedestrian Walkway Signals 2006/07 Traffic Video Monitoring Program - Phase 1 2006/07 Traffic Video Monitoring Program — Phase II 2007/08 NE 29th Pace and Yacht Club Way Resurfacing 2007/08 NE 190th Street Drainage Improvements 2007/08 NE 209th Street/Biscayne Boulevard Traffic Improvements 2007/08 NE 187th Street Traffic Improvements 2007/08 NE 180th & NE 182nd Street /Biscay Boulevard Signage 2007/08 NE 199th Street/West Country Club Drive Turning Lane 2008/09 NE 190th Street Resurfacing 2008/09 NE 191St Street/Biscayne Boulevard Traffic Improvements 2008/09 NE 191St /29th Avenue Drainage Improvements 2008/09 Hospital District Resurfacing 2009/10 NE 183rd Street Resurfacing & Road Improvements 2009/10 Yacht Club Way Bridge Improvements 2009/10 Count? Club Drive Bus Shelters 2010/11 NE 29t Avenue and NE 187th Street Resurfacing 2010/11 Capital Improvement Program 2012 -2017 Page 31 City of Aventura am NE 34th Avenue Street Resurfacing 2010/11 Biscayne Boulevard Street Light Upgrades Phase 1 2010/11 Biscayne Boulevard Street Light Upgrades Phase 2 2011/12 NE 1851hME 31th Avenue, NE 188th Street and NE 191 Street Resurfacing 2011/12 Road, Drainage and Infrastructure Improvements The majority of the projects outlined herein can be also be classified as drainage improvements and road resurfacing in accordance with established maintenance schedules. In addition, traffic improvement projects recommended by the Traffic Advisory board are included for funding. Funding Plan Funding for the proposed roadway, drainage and infrastructure improvement projects will be provided by the following sources: Total Category Budget $5,632,000 Funding: Transportation Fund $3,282,000 General Fund 1,350,000 Stormwater Utility Fund 1,000,000 Tables 1 and 2 showing these improvement projects and funding schedules are followed by detailed project descriptions. Capital Improvement Program 2012 -2017 Page 32 ., w =0 .e am no w w AM am ro a City of Aventura TABLE 1 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2012113- 2016/17 SUMMARY BY YEAR Storrnwater Drainage Improvements CS $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 1,000,000 Biscayne Boulevard Street Lighting CS 500,000 500,000 - - - 1,000,000 Road Resurfacing Program CS 685,000 770,000 640,000 557,000 530,000 3,182,000 Traffic Safety and Flow Improvements CS 450,000 450,000 Totals $ 1,835,000 $ 1,470,000 $ 840,000 $ 757,000 $ 730,000 $ 5,632,000 TABLE 2 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2012!13- 2016117 FUNDING PLAN Stormwater Drainage Improvements CS $ 1,000,000 $ 1,000,000 Biscayne Boulevard Street Lighting CS 1,000,000 $ 900,000 $ 100,000 Road Resurfacing Program CS 3,182,000 - - 3,182,000 Traffic Safety and Flow Improvements CS 450,000 450,000 Totals $ 5,632,000 $ 1,000,000 $ 1,350,000 $ 3,282,000 $ Capital Improvement Program 2012 -2017 Page 33 City of Aventura PROPOSED PROJECTS 1 -CS Stormwater Drainage Improvements 2012/13 $200,000 2013/14 $200,000 2014/15 $200,000 2015/16 $200,000 2016/17 $200,000 Projects included provide for ongoing annual minor drainage improvements and include I the cost of resurfacing the affected roadways. 2012/13 Drainage Improvements 200,000 2013/14 Drainage Improvements 200,000 2014/15 Drainage Improvements 200,000 2015/16 Drainage Improvements 200,000 2016/17 Drainage Improvements 200,000 2-CS Biscayne Boulevard Street Light Upgrades 2012/13 $500,000 2013/14 $500,000 The Biscayne Boulevard Street Lighting project includes the installation of decorative street lights along the eastside of Biscayne Boulevard. Biscayne Boulevard is a state road and serves as the main trafficway through the City. It extends approximately 2.58 miles from the northern city limits to the southern city limits. The Biscayne Boulevard Street Light project will include the installation of new decorative street lights to serve both the sidewalks (pedestrians) and the roadway. Phase I and Phase II were completed in prior CIP projects. 2012/13 Phase 3 500,000 2013/14 Phase 4 500,000 3 -CS Road Resurfacing Program 2012/13 $685,000 2013/14 $770,000 2014/15 $640,000 2015/16 $557,000 2016/17 $530,000 Capital Improvement Program 2012 -2017 Page 34 .. no am we .e .w MR MO 0— 0 City of Aventura This project consists of resurfacing roadways as determined by the City's maintenance standards and the Community Services Department. 2012/13 Country Club Drive (Northbound) 685,000 2013/14 Country Club Drive (Southbound) 770,000 2014/15 NE 207th Street 480,000 Country Club Drive between Causeway and NE 190th Street 160,000 2015/16 NE 213th Street 350,000 Biscayne Lake Gardens 207,000 (NE 29th Ct., 201 th Terr, &27 th Ct.) 2016/17 NE 27th Avenue 60,000 NE 28 Court between 185 and 187 Streets 200,000 NE 30th Avenue 200,000 NE 209th Street 70,000 4 -CS Traffic Safety and Flow Improvements 2012/13 $450,000 2012/13 Traffic Signal at Intersection of NE 185th Street and NE 28th Court $250,000 Turning Lane at N. Country Club Drive and NE 34th Avenue 200,000 Capital Improvement Program 2012 -2017 Page 35 City of Aventura I PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS Capital projects in this functional category include providing new facilities to serve City residents or improvements to existing facilities in the City. The CIP includes 1 project totaling $3,300,000. Policies The City's investment in improvements to public buildings and operational facilities is based on the following policies: • Provide easily accessible services to City residents and adequate parking for City facilities. • Repair and maintain all buildings and facilities in proper order to increase life of said facilities. Existing Facilities Map 1 shows the location of the City's Government Center, and the Dade County Fire Rescue Station and Library Branch. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2011/12 fiscal year: Project Title Government Center /Police Station Needs Assessment Study Government Center Land Purchase Design of Government Center /Police Construction of Government Center Purchase of Charter Elementary School Property Construction of Charter Elementary School Community Center Improvements Construction of Middle School Wing to Charter School Holiday Lighting for Government Center Design of Arts & Cultural Center Classroom Additions to Charter School Arts & Cultural Center Construction Government Center Chiller Replacements Police Department Office Improvement Government Center Security Equipment Upgrade Government Center Commission Chambers Video Upgrade Government Center Parking Expansion Design Year 1996/97 199.7/98 1997/98 1999/00, 2000/01 2001102 2002/03 2003/04, 2004/05, 2006/07, 2007/08 2004/05 2005/06 2007/08 2008/09 2008/09, 2009/10 2009/10 2009/10 2010/11 2010/11 2011/12 Capital Improvement Program 2012 -2017 Page 36 City of Aventura Funding Plan Funding for the proposed Public Buildings Projects will be provided by the following sources: Total Category Budget $3,300,000 Fundinq: General Fund $3,300,000 Capital Improvement Program 2012 -2017 Page 37 City of Aventura Capital Improvement Program 2012 -2017 Page 38 City of Aventura PROPOSED PROJECTS 1 —CS Government Center Parking Garage 2012/13 $3,300,000 This project consists of adding a three level parking garage adjacent to the Government Center to accommodate additional parking. Capital Improvement Program 2012 -2017 w w w a" w OMM w w w w w Page 39 0— City of Aventura INFORMATION /COMMUNICATIONS TECHNOLOGY This functional category includes improvements to the City's information /communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency. There are 12 projects totaling $2,645,550. Policies The City's investment in communication and computer projects is based on the following policies: • Continue the implementation upgrade of the Management Information System for all key City operations to automate functions and improve efficiency and productivity. • Improve and maintain City -wide radio communications capabilities for Police operations. • Develop and maintain computerized capabilities of the various City departments and information systems. • Utilize the latest state of the art technology including the use of the Internet for the delivery of services. • Maintain the E911 system to enhance police response times to emergencies. • Utilize the latest technology for education and teaching at the Charter School. Funding Plan Funding for the proposed Information Technology Projects will be provided by the following sources: Total Category Budget $2,645,550 Funding: General Fund Charter School Fund $1,976,050 669,500 Capital Improvement Program 2012 -2017 Page 40 City of Aventura TABLE 1 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2012/13- 2016/17 SUMMARY BY YEAR TABLE 2 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2012/13- 2016/17 FUNDING PLAN ICT1 Police Computers Systems <$5000 ICT2 Central Computer System >$5000 ICT3 Radios and E911 System ICT4 Computer Equipment<$5000 ICT5 ICT1 Police Computers Systems <$5000 PD 119,000 114,000 120,000 115,000 128,000 596,000 ICT2 Central Computer System >$5000 IT 145,000 215,000 155,000 175,000 155,000 845,000 ICT3 Radios and E911 System PD 157,000 45,000 55,000 55,000 55,000 367,000 ICT4 Computer Equipment <$5000 ACES 82,000 114,500 96,500 104,500 102,000 499,500 ICT5 Computer Equipment >$5000 ACES 20,000 30,000 45,000 35,000 40,000 170,000 ICT6 Computer Equipment <$5000 IT 6,000 6,000 6,000 6,000 6,000 30,000 ICT7 Computer Equipment <$5000 F 2,000 2,000 2,000 6,000 2,000 14,000 ICT8 Computer Equipment <$5000 CM - 4,000 - - - 4,000 ICT9 Computer Equipment<$5000 CS 10,000 13,300 22,250 18,900 8,300 72,750 ICT10 Computer Equipment <$5000 CD 3,800 4,000 3,500 4,500 3,500 19,300 ICT11 Computer Equipment <$5000 AACC 5,500 6,000 6,500 1,000 6,000 25,000 ICT12 Computer Equipment CC - - 3,000 - - 3,000 Totals $ 550,300 $ 553,800 $ 514,750 $ 520,900 $ 505,800 $ 2,645,550 TABLE 2 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2012/13- 2016/17 FUNDING PLAN ICT1 Police Computers Systems <$5000 ICT2 Central Computer System >$5000 ICT3 Radios and E911 System ICT4 Computer Equipment<$5000 ICT5 Computer Equipment >$5000 ICT6 Computer Equipment <$5000 ICT7 Computer Equipment <$5000 ICT8 Computer Equipment<$5000 ICT9 Computer Equipment <$5000 ICT10 Computer Equipment <$5000 ICT11 Computer Equipment <$5000 ICT12 Computer Equipment CS Totals PD 596,000 596,000 IT 845,000 845,000 PD 367,000 367,000 ACES 499,500 499,500 ACES 170,000 170,000 IT 30,000 30,000 F 14,000 14,000 CM 4,000 4,000 CS 72,750 72,750 CD 19,300 19,300 AACC 25,000 25,000 CC 3,000 3,000 $ 2,645,550 $ 1,976,050 $ 669,500 Capital Improvement Program 2012 -2017 Page 41 dM no w M" mo am �w am N" G-, am 4M am w am F City of Aventura PROPOSED PROJECTS 1 - PD Police Computers Systems < $5000 2012/13 $119,000 2013/14 $114,000 2014/15 $120,000 2015/16 $115,000 2016/17 $128,000 This project consists of purchasing computer equipment and software that utilizes the latest technology for the Police Department. Replace 25 Mobile Laptops 2012/13 Upgrades $10,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 Vehicle Modems 6,000 Replace 2 Servers 10,000 10 Vehicle Printers 10,000 3 toughbooks for K -9 9,000 2013/14 Upgrades $10,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 Vehicle Modems 6,000 Replace 2 Servers 10,000 10 Vehicle Printers 10,000 Laptop - Ruggized 4,000 2014/15 Upgrades $10,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 Vehicle Modems 6,000 Replace 2 Servers 10,000 20 Vehicle Printers 20,000 2015/16 Upgrades $10,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 Vehicle Modems 6,000 Replace 1 Server 5,000 20 Vehicle Printers 15,000 Desktop Scanner 5,000 2016/17 Upgrades $10,000 Replace 25 Mobile Laptops 50,000 20 Desktop Computers 24,000 Vehicle Modems 6,000 Capital Improvement Program 2012 -2017 Page 42 City of Aventura Replace 1 Server 5,000 20 Vehicle Printers 15,000 Desktop Scanner 2,000 EOC PCS 12,000 Laptop - Ruggized 4,000 2 - IT Central Management Information System > $5000 2012/13 $145,000 2013/14 $215,000 2014115 $155,000 2015/16 $175,000 2016/17 $155,000 This project consists of purchasing new and replacement computer hardware and software that utilize the latest technology for the City's general information management system, which is used by all City Departments. 2012/13 Software /Licenses /Upgrades $20,000 Servers/ Security /UPS /Switches 60,000 AS 400 Upgrades 5,000 Equipment for Redundant Site 15,000 TVMS Equipment Upgrades 20,000 Sungard MIS Upgrade 25,000 2013/14 Software /Licenses /Upgrades $20,000 Servers/ Security /UPS /Switches 70,000 AS 400 Upgrades 5,000 Upgrade Phone System 10,000 TVMS Equipment Upgrades 30,000 Sungard MIS Upgrade 80,000 2014/15 Software /Licenses /Upgrades $15,000 Servers/ Security /UPS /Switches 70,000 AS 400 Upgrades 5,000 Upgrade Phone System 25,000 TVMS Equipment Upgrades 40,000 2015/16 Software /Licenses /Upgrades $20,000 Servers/ Security /UPS /Switches 50,000 AS 400 Upgrades 50,000 Upgrade Phone System 5,000 Upgrade Video System Solution 10,000 TVMS Equipment Upgrades 40,000 2016/17 Software /Licenses /Upgrades $20,000 Servers/ Security /UPS /Switches 80,000 AS 400 Upgrades 5,000 Capital Improvement Program 2012 -2017 Page 43 w .. .. dM City of Aventura Upgrade Phone System 10,000 TV MS Equipment Upgrades 40,000 3 - PD Radios and E911 System 2012/13 $157,000 2013/14 $45,000 2014/15 $55,000 2015/16 $55,000 2016/17 $55,000 This project consists of upgrading the equipment for the 800 Mhz police radio system to ensure a state -of -the -art system and maintain the E911 system. 2012/13 800 Mhz Radio System Upgrades 10,000 E911 Equipment Replacement 147,000 2013/14 E911 System Upgrades 15,000 800 Mhz Radio System Upgrades 10,000 Radio Replacements 20,000 2014/15 E911 System Upgrades 15,000 800 Mhz Radio System Upgrades 20,000 Radio Replacements 20,000 2015/16 Radio Replacements 20,000 800 Mhz Radio System Upgrades 20,000 E911 System Upgrades 15,000 2016/17 Radio Replacements 20,000 800 Mhz Radio System Upgrades 20,000 E911 System Upgrades 15,000 4 -ACES Computer Equipment < $5,000 2012/13 $82,000 2013/14 $114,500 2014/15 $96,500 2015/16 $104,500 2016/17 $102,000 This project consists of the regular replacement of the computers, laptops, servers and network infrastructure at the Aventura City of Excellence School. 2012/13 Replace 65 Computers /Laptops 71,500 21 Tablet Computers 10,500 2013/14 Replace 90 Computers /laptops 99,000 21 Tablet Computers 10,500 Mobile Learning Computer Lab 5,000 Capital Improvement Program 2012 -2017 Page 44 City of Aventura 2014/15 Replace 75 Computers /Laptops 82,500 21 Tablet Computers 10,500 Replace Color Laser Printer 3,500 2015/16 Replace 80 Computers /Laptops 88,000 21 Tablet Computers 10,500 Mobile Learning Computer Lab 5,000 Replace Desktop Scanner 1,000 2016/17 Replace 80 Computers /Laptops 88,000 21 Tablet Computers 10,500 Replace Color Laser Printer 3,500 5 -ACES Computer Equipment > $5000 2012/13 $20,000 2013/14 $30,000 2014/15 $45,000 2015/16 $35,000 2016/17 $40,000 This project consists of the regular replacement of the computers and network infrastructure at the Aventura City of Excellence School that exceeds $5,000. 2012/13 Replace Network Switches and Routers 10,000 Replace 2 Servers 10,000 2013/14 Replace Network Switches and Routers 10,000 Replace 5 AV equipment and /or Smartboard 20,000 2014/15 Replace Network Switches and Routers 10,000 Phone system Upgrade 15,000 Replace 5 AV equipment and /or Smartboard 20,000 2015/16 Replace Network Switches and Routers 15,000 Replace 5 AV equipment and /or Smartboard 20,000 2016/17 Replace Network Switches and Routers 10,000 Replace 2 Servers 10,000 Replace 5 AV equipment and /or Smartboard 20,000 6- IT Computer Equipment < $5000 2012/13 $6,000 2013/14 $6,000 2014/15 $6,000 2015/16 $6,000 2016/17 $6,000 Capital Improvement Program 2012 -2017 Page 45 w Am OMN w w am w w w AM w .ft no w 0 0 City of Aventura This project includes the replacement of existing equipment for the various employees of the department. 7 -F Computer Equipment < $5000 2012/13 $2,000 2013/14 $2,000 2014/15 $2,000 2015/16 $6,000 2016/17 $2,000 This project includes the replacement of existing equipment for the various employees of the department. 8 -CM Computer Equipment < $5000 2013/14 $4,000 This project consists of upgrading computer equipment in the Office of the City Manager. 9 -CS Computer Equipment < $5000' 2012/13 $10,000 2013/14 $13,300 2014/15 $22,250 2015/16 $18,900 2016/17 $8,300 This project consists of purchasing and upgrading computer equipment in the Community Services Department and Community Recreation Center. 2012/13 5 Computers and ID Printer $9,000 Upgrade GIS Software 1,000 2013/14 4 Computers $4,000 1 Laptop Computer 1,300 1 Plotter 6,000 Replace Scanner 1,000 Upgrade GIS Software 1,000 2014/15 Upgrade Visitor ID System $5,000 5 CRC Laptop Computers 8,250 4 Computers 4,000 Replace 1 ID Printer 4,000 Upgrade GIS Software 1,000 2015/16 Replace 5 Computers $5,000 Capital Improvement Program 2012 -2017 Page 46 City of Aventura Replace 6 CRC Laptop Computers 9,900 Replace 1 ID Printer 4,000 2016/17 Replace 4 Computers $4,000 Replace CRC Server 3,000 Replace Laptop 1,300 10 -CD Computer Equipment < $5000 2012/13 $93,800 2013/14 $4,000 2014/15 $3,500 2015/16 $4,500 2016/17 $3,500 This project consists of computer upgrades, replacement printers and the implementation of field computers for code compliance and building inspections for the Community Development Department. 2012/13 Replace 3 Computers $3,000 Replace Desktop Scanner 800 Sungard MIS Upgrade 90,000 2013/14 Replace 3 Computers $3,000 Replace 2 Laserjet Printers 1,000 2014/15 - Replace 3 Computers $3,000 Replace 1 Laserjet Printers 500 2015116 Replace 3 Computers $3,000 Replace Laserjet Printers 500 Replace Desktop Scanner 1,000 2016/17 Replace 3 Computers $3,000 Replace 1 Laserjet Printers 500 11 - AACC Computer Equipment < $5000 2012/13 $5,500 2013/14 $6,000 2014/15 $6,500 2015/16 $1,000 2016/17 $6,000 This project consists of purchasing and upgrading computer equipment in the Arts & Cultural Center. 2012/13 Replace 4 Computers /laptops $5,000 Tablet 500 Capital Improvement Program 2012 -2017 Page 47 —. =a dw am dw Mu w MR A City of Aventura 2013/14 Replace 4 Computers 4,000 Color Laser Printer 2,000 2014/15 Upgrade Point of Sale System 6,500 2015/16 Replace Laptop 1,000 2016/17 Replace 4 Computers 4,000 Replace Network Switches 2,000 12 -CC Computer Equipment < $5000 2014/15 $3,000 This project consists of upgrading and replacing computer equipment in the City Clerk's Office. Capital Improvement Program 2012 -2017 Page 48 an .. ., am 4m am .. ... qm MR City of Aventura CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS This section includes projects relating to Capital Equipment Purchases and Replacements for all operating departments. There are a total of 7 projects totaling $3,223,226. Policies The City's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to maintain the efficiency and productivity of providing municipal services to the City's residents. • Replace all present equipment that is required when they become unusable, unsafe or when maintenance costs outweigh the total cost of replacement. • Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs. • Purchase more economical, fuel efficient and multi - functional vehicles. • Purchase new equipment that will increase productivity and reduce personnel and maintenance costs. • Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Proposed Capital Equipment Purchase And Replacement Most projects outlined in the 2012113 to 2016/17 Capital Improvement Program are either pertaining to vehicles or operational equipment. Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as having a useful life of more than one year and a value of $5,000 or more. Equipment that has a value of $5,000 or less is also included in this document for budgetary purpose. Funding Plan Funding for the proposed Capital Equipment Purchase and Replacement Projects will be provided by annual appropriations from the General Fund: Capital Improvement Program 2012 -2017 Page 49 City of Aventura TABLE 1 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2012!13- 2016/17 SUMMARY BY YEAR CE1 Vehicle Purchase & Replacements PD 436,000 395,000 472,000 438,890 455,116 2,197,006 CE2 Equipment Purchase and Replacement >5000 PD 127,000 74,000 100,700 70,000 108,500 480,200 CE3 Equipment Purchase and Replacement <5000 PD 25,400 31,200 38,000 38,760 28,360 161,720 CE4 Equipment Purchase and Replacement >5000 CS 31,000 84,000 29,000 49,000 42,000 235,000 CE5 Equipment Purchase and Replacement <5000 CS 4,000 2,500 19,500 6,500 2,500 35,000 CE6 Equipment Purchase and Replacement >5000 AACC 22,200 10,700 13,200 11,000 37,200 94,300 CE7 Equipment Purchase and Replacement >5000 CD - - - 20,000 - 20,000 Totals $ 645,600 $ 597,400 $ 672,400 $ 634,150 $ 673,676 $ 3,223,226 TABLE 2 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2012/13- 2016/17 FUNDING PLAN CE1 Vehicle Purchase & Replacements PD 2,197,006 CE2 Equipment Purchase and Replacement >5000 PD 480,200 CE3 Equipment Purchase and Replacement <5000 PD 161,720 CE4 Equipment Purchase and Replacement >5000 CS 235,000 CE5 Equipment Purchase and Replacement <5000 CS 35,000 CE6 Equipment Purchase and Replacement >5000 AACC 94,300 CE7 Equipment Purchase and Replacement >5000 CD 20,000 Totals 3,223,226 2,197,006 480,200 161,720 235,000 35,000 94,300 20,000 3,223,226 Capital Improvement Program 2012 -2017 Page 60 0 City of Aventura PROPOSED PROJECTS 1 -PD Vehicle Purchase & Replacements 2012/13 $436,000 2013/14 $395,000 2014/15 $472,000 2015/16 $438,890 2016/17 $455,116 This project consists of purchasing police vehicles to accommodate new employee additions and establish a vehicle replacement program in the Police Department. 2012/13 Replace 12 Patrol Vehicles $396,000 Replace Traffic Truck 30,000 Replace Crime Prevention Trailer 10,000 2013/14 Replace 11 Patrol Vehicles $363,000 Replace K -9 Vehicles 32,000 2014/15 Replace 12 Patrol Vehicles $407,000 Replace K -9 Vehicles 30,000 Replace Crime Prevention Van 35,000 2015/16 Replace 11 Patrol Vehicles $373,890 Replace 2 Crime Scene Van 65,000 2016/17 Replace 12 Patrol Vehicles $420,116 Replace Prisoner Van 35,000 2 -PD Equipment Purchase and Replacement > $5000 2012/13 $127,000 2013/14 $74,000 2014/15 $100,700 2015/16 $70,000 2016/17 $108,500 This project consists of purchasing equipment for the Police Department. The following is a breakdown of the items to be replaced: 2012/13 12 Vehicle Equipment $79,000 Replace Segway 9,000 Replace Video Wall Communications 39,000 2013/14 10 Vehicle and 1 K -9 Equipment $74,000 2014/15 11 Vehicle Equipment $74,700 K -9 Vehicle Equipment 8,000 Replace K -9 13,000 Capital Improvement Program 2012 -2017 Page 51 City of Aventura Crime Scene Van Equipment 5,000 2015/16 10 Vehicle Equipment $70,000 2015/16 12 Vehicle Equipment $83,500 Video Wall Upgrade 25,000 3 -PD Equipment Purchase and Replacement < $5000 2012/13 $25,400 2013/14 $31,200 2014/15 $38,000 2015/16 $38,760 2016/17 $28,360 2012/13 Replace 10 Ballistic Vests $12,000 Crash Data Equipment 2,000 Replace Dive Team Equipment 2,400 2 Forensic Light Source Kit 9,000 2013/14 Replace 10 Ballistic Vests $12,000 12 Tasers 19,200 2014/15 Replace 10 Ballistic Vests $12,000 2 Radar Units 2,500 2 Lasar Units 7,500 10 Tasers 16,000 2015/16 Replace 10 Ballistic Vests $12,360 AR Rifles 7,200 12Tasers; 19,200 2016/17 Replace 10 Ballistic Vests $12,360 10Tasers 16,000 4 -CS Equipment Purchase and Replacement > $5,000 2012/13 $31,000 2013/14 $84,000 2014/15 $29,000 2015/16 $49,000 2016/17 $42,000 This project consists of the replacement of equipment that has become inefficient, defective, or unusable and to add new equipment to provide improved services in the Community Services Department. The following is a breakdown of the items to be purchased: 2012/13 Replace 1 Treadmill $6,000 Capital Improvement Program 2012 -2017 Page 52 am AM MM dM .. OM .. ., -. an City of Aventura Replace Vehicle 25,000 2013/14 Replace 2 Vehicles $60,000 2 Electric Low Speed Vehicles 24,000 2014/15 Replace 2 Ellipticals 10,000 Replace Pickup Truck 19,000 2015/16 Replace Hybrid Utility Vehicle $30,000 Replace Pickup Truck 19,000 2016/17 Replace 2 Treadmil12 $12,000 Replace Hybrid Utility Vehicle 30,000 5 -CS Equipment Purchase and Replacement < $5,000 2012/13 $4,000 2013/14 $2,500 2014/15 $19,500 2015/16 $6,500 2016/17 $2,500 This project consists of the replacement of equipment that has become inefficient, defective, or unusable in the Community Recreation Center. The following is a breakdown of the items to be replaced': ' 2012/13 Replace 12 Tables $2,000 Replace Aerobics Room Sound System 2,000 2013/14 Replace 1 Recumbent Bicycle - $2,500 2014/15 Replace 40 Chairs - $3,500 Replace AV Equipment 10,000 Replace Lobby Furniture 6,000 2015/16 Replace 12 Tables $2,500 Replace Stair Climber 4,000 2016/17 Replace 1 Recumbent Bicycle $2,500 6 - AACC Equipment Purchase and Replacement > $5,000 2012/13 $22,200 2013/14 $10,700 2014/15 $13,200 2015/16 $11,000 2016/17 $37,200 This project consists of purchasing equipment for the Arts & Cultural Center: Capital Improvement Program 2012 -2017 Page 53 City of Aventura 2012/13 Lighting Improvements $5,000 Lobby Bar with Table and Chairs 15,000 ADA Listening Devices 2,200 2013/14 Microphones and Sound Equipment $10,700 2014/15 Stage Lights for Dance Productions $11,000 ADA Listening Devices 2,200 2015/16 Outdoor Patio Tables and Chairs $4,500 Green Room Furniture Replacement 3,500 Dressing Room Chairs 3,000 2016/17 ADA Listening Devices $2,200 Seachangers for Stage Lighting 35,000 7 -CD Equipment Purchase and Replacement > $5,000 2015/16 $20,000 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: 201.5/16 Pickup Truck _ $20,000 Capital Improvement Program 2012 -2017 .. -M - we an w Page 54 City of Aventura i p ,@ v S Capital Improvement Program 2012 -2017 Page 55 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2012/13 TO 2016/17 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program document for fiscal years 2012/13 to 2016/17, attached hereto was presented and recommended to the City Commission of the City of Aventura by the City Manager as a long term plan of proposed capital expenditures, the means and methods of financing the projects and an action plan for the implementation of the projects; and WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Transportation, Drainage and Infrastructure Improvements, Public Buildings and Facilities, Information Technology and Capital Equipment Purchase and Replacement which represents a commitment by the community toward achievement and maintenance of a desirable high quality of life for all residents; and WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement Program which adopts a sound financing plan; and WHEREAS, the City Commission has reviewed the Capital Improvement Program document at a public meeting of the City Commission and wishes to adopt said document in concept. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby accepts and adopts in principle, subject to annual revisions and authorization, the City of Aventura Capital Improvement Program document for fiscal years 2012/13 to 2016/17 attached hereto and incorporated herein as specifically as if set out at length herein. Section 2. The City Manager be and the same is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This Resolution shall take effect immediately upon 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 Billy Joel Commissioner Michael Stern _ Commissioner Luz Urbaez - Weinberg _ Vice Mayor Teri Holzberg _ Mayor Susan Gottlieb Resolution No. 2011 Page 2 PASSED AND ADOPTED this 10th day of July, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY THE MIAMI HERALD I MiamiHerald.com LOCAL & STATE Weaffier MiamiHerald.com /weather 6 1 1VL1 I iTOM 90 9 ' 1jAl l9 MwinUSElO.ms e� p HAIRCARE 1°� acbu°s. w • Enjoy HAI It's a 10 NEWS elRb es%I6 p w, d F W. w�nds W'1 w,ntls SW 10. 0 winds SlO. Sexy Hair . Solana Wella oNS a ebni p. Ml ' • uw•er • `, M 9 my 9 MN iN • M w,x «,aea \ • A ForcUrrent We ath¢r MU 0xwl,kxlem n anrprmalion4 tlav , nclud nq bcaI rop O1f:� .ee uwx0a n,xn Xxwx,vu6 near root pp. ry ismnotate, to N•NNYdACe d N sans pc s /H pe Mn WrO pe on •• \,. • National W¢Mller W6e ie s n ei%s¢ pi cx ��, ruxawe \ \ \r \ \',r " " wu °NO1OM Service. 306- 2291550 Storms, XUnitanes: 305- 229 -ad70 °bp.eeeoa lv6o re w b.or 6a e aYa "'rif • ;r O Q W Awa o ia]a wrew °uu. � � R e� ors alnl - �'yiF s� .�F •w •.. .x. x�ni e`t"vre � x..e.,, °« °u�6i f�"vom69s v • x,M.,, ero e ® " ax xrx ox,na oe«,x° \\ nm n n6: le]6o e •eueww by Weatter Ce,Aral.lpstOn cmr • .. �N9algforxas�lsaMr,WSprwketl iYu \Q^ *0\ ° u SuXnY nebm Ha iV67 0 udy CbuOy SMwem RtYI Sla11Fi11ii,u MW fm• Ice ' Tgky Bey eMin uv 1 a IVe9 p®' e9 eapen t ier5 ilAO a cVSO p . .' NM06 LGws TodaYi ma.imun safe exposure level'. ,BROwNID •coil [um 1N6= a 90 P Mlwnl xarbw ewa„w N:t6♦ u:NY SYe 556p rSrNrrulp.tm la•0W p•tpn RI NrpM eu NryoR `v`MS x Vss ¢ ro+6vw•abn Sm Wt Mnurn tO !025 minute! Les li >s McMJ'N N/6� 65%61xs xmw0"m mrvW fio /60 0 ¢ew,mnmM { &131 l4p� Normal R ,d N,oNn 81 X91 m x %Yoe %Im Fee FOR la0t tMw 56 9il 1980 0190 Il a uer%r•lrrl Me 28 lgne t lures n lunt a tir Ouaticei 1a Good 11 Good p « vi•�°` Sunrise 631am wwn6lvAlIN.OnY NLw DeN INM a 1`Ih uns¢f B:OSpm Ba.m. niami fl...:,N/86lx 2x99As]i I. i wsuxl eon n%u ITT, c Mpmol• Moonnse 10]lam peN/mq Moonset 1151pm .m. , m, %WaOa%ew 9Nnoursen emwam % NG9% N �E Iwvwl,kln Nn ww� FwlryOmdyiMwu YAM v e-u 461 N Y d Thursdaes Tnvm yl dirw6o.m 0.46 c. ]t6 1106 a f 1 [mesykmT 6rNtkrlP Y 0 i -t N stLtaNtO uuved Y Oak. Gmsaes aM 0aln Mob Ilex. T wear Above /below rormal for m°ntb 167! 5Aal .l] Whew Wel i W3F a lye 01etC,rOte. kvy rN• % 1LN a rFl6e. INr. a,wteael X. 950,wmrn slow. scwra.TOr ee cervix sw Dieu /8 aubme core Above /M°x "o"^°I is vea CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY ® AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN Agra e� AND NOTICE OF AMENDMENT TO OFFICIAL ZONING MAP (Reined Notice - Supersedes Earlier Publica don) Public Notice is hereby given that the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, June 5, 2012 at 6:00 p.m. to make a recommendation regarding the adoption of the following Ordinances: AN ORDINANCE OF THE CRY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3250 NE 188 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE (see map below for property location) AND AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED AT 3250 NE 188 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM OP, OFFICE PARK DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider, at a public hearing, first reading of the Ordinances and will again consider the above described Ordinances for adoption after second reading on Tuesday, July 10, 2012 at 6:00 p.m. The Public Hearings will be held in the City Commission Chamber at City of Aventine Government Center, 19200 West Country Club Drive, Aventum, Florida, 33180. The proposed Ordinances may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinances. 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. B 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. Somka, MMC, City Clerk rl ` Uq q11011?- FRIDAY, MAY 25, 2012 1 70 / 1, p ffi Ta ,"i lea "d tlnf t K76 venHew9 t%%I Mt UiMOw 9919�/!nl P riot v 90/x6 t0/I6 99Ne t¢�ila _ 9LN !tiro x e 11/• W p4eelo ¢eaT t1R16 U, MAY IS HEALTHY HAIR y= MONTH It's the FINAL WEEK of Healthy Hair Monthl Don't miss your chance to stock up on your favorite haircare brands at 20% OFF, special events, giveaways and gifts with purchase. 20% OFF PREMIUM HAIRCARE Abba. AHaparf : Alterno American Crew DS Labs • Enjoy HAI It's a 10 Je Vieux J.F. LazarHgue Klorone KMS .. L'anza L'Oreal Soria Expert Liquid Kerafin . Moroccan Oil Nioxin Sebastian Sexy Hair . Solana Wella Visit GBSbeautyxom for our May calendar of in -store events G&� THE BEAUTY STORE Aventura - Coral Gables Pinecrest Fort Lauderdale - Boca Raton _ West Boca Raton aB I MONDAY. JUNE 25, 2012 Weather xlAO . .— '. 30W,Y ItF9,Y nsmr 3NM60n' coop Wya wE. % cool ,p MY1 p 1Y • au1. YWI ,o r � ca x asaw town tYr n 1Rw n loco n 1n,e n °°" a�,rs i vis bobYauYndM,Y„a o„Med r,Y,l<a o,anart Ctorsd uY„ -1 en whSY SR Yanawmm..wm ds„dvvIIOna r4tls tt,nOns,m,a+b ttuW.9aam. whgs aVn SRb. SSE 540 FIE Si0 Eff SiO PYty Al,se �1 1 l4H P M 1 wB s,.wi4vn"oar� nn en4 ° oama � • c.ua.. uN+ry n/41 N 5 b:11 os "I.w:w iiiv rc iY° °n i'si`si k wNetl YRa Xgr oAl yoc nn„cwca o"wn MM 4nY510 ' wYwYe, nab T� w M110 INO uwasu aoa+w nm w sn3 w ,n�re F wxm� re"/"iss K W,BY tl, Am F I,B ab+wi b,a L RIr O Yetla IYY n.51 1 iV36 ��. MiamiHerahlcom /weather MianHerald.wm I THE MIAMI HERALD 'd NEVUS A" mdax..W.bcal that updates dtma15m ww am dKx m weather. Na[arYl We #her Servirs. 305 -239 -4550 30mns,hu,ricznes 305- I1�44]0 ffi NV D W YM �,b,FeY 6M 1 3nc W14 t t�r,man e w s eni 1ffio1i K/5 6/rt M,I,Ye4 Pnt Y ,M F hoaoY'� aV15 M uab,,, cots nm vn 5-/n i± a vn a »ne wm s� s' wi aw, vv P,3/Oib i ,an 1oNa/6s , M ,uR Ml e5- oe 9y9 s YrahsiLn 46s as ➢ [ bY.,Yd a<a . -- f Walhnaed� [1/6F n/aF wbnn e,ry a _ sur.,na• •ww,aw,aa msbo 4a 5sl,sEw'� WIS ,s Kin t Y Y�¢� on�L' Sw I,eY RytlFab ®9 6Y N s P9 s>ta� nialav45 wF,sw RwYM by weaOa Ceebd,l >FnU �. a „ x sat WAO INp tEl yp_sYy f 9�w Rata, aeae, Y'°'°' 1bb ,$ fiw,ln >w b Fa�w a�m1 Y T_ Mrw W F Mato Yr�. e„M9'► w�s3i s „�ma � o� i � � 3as Yaa •, TadNsn,ndnnan s�renRawaekek a®mY,sm aI1IJff YL� m�aeY w. ,4m svn s rtrwr.►.p � tr/,4t�J.s rsntyw® Fu Abort Nurowt x,w�'w`w1,.. ala� o5wi' s Y¢S�i r MFSYp1es RJIa W, Tb 1bAwYr�e N1t 50� Iuwv �n,d'rn SOm ]6 n �� NwtwF t q as WrOaYwniule To• 131P tlla YY• 63 6S le S7M s 5S� s tMotl,f TJI, TAO feDa Nvmtl n,em �- • 91— 9FKM ,r��sY,SY��yy,{,YYE Io1an n,Nihs wn/na O lwtr Fbt RSfa Cap NS, RernO ax rA FY W Now SvrOnripaMUre absent P fig& M,L.(0F YsYY Yia IoM s m F F w 1i R,LHY IY 1a ¢49t [Ea aSO A5- x J*3 A*10 JWM ,a (hWlr Vmam M22W aim 3ltteetY d 1� lSf m� R 3s � 11Mta YIrt R4, t cs3, 'up waaav wFP n Sptrise 6:F ins MNNL19rMNOrT slnset L%p1n. Fao tfni S,1u/YFx awatm nsE.us4x Sw N� ,e S,�iY n9 IDv K tU w � w MW IqN 6P edlmd6 L4waMablwtrYM Mpmdx R93 Dm Sem YFami SA91NPt1 Mpansef t4in{hntlN BiaPwe A90�MSx L� �F�Y�a� yOy��sa,NaS�is A1.bb SYP I Q /4, 1 °R/m° rt an ti wYvYY,YLt1Yw o-b a5 �Fffirm b,wwbawra,YY. 6E YI b.eYrm ., I4MassWwSVm Aagayx palm iNea S. Michrs Ma;Rtps Tb+nwYli lb QM 6.n spew g h Nip W�54 r T�4 as CR„Y,b1ii9�4 ,bE }i 4lWe autlWwesa Wt Mtltl Me, Ipp4 tim sm 4 3]3 ]2ff/ 4 ,apk Ybs OelO 65, NP o 3U3r f n9 nr.wlielPL 116L MY_rRMlL kba Mwelbtlu.mm,ibru wsWCealn:v MV,sa aeYOe 4rt -1.55 +1001 w° b,11aFIw.R CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice is hereby given that the Aventura City Commission, sitting as the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, July 10, 2012 at 6:00 p.m. to consider a motion recommending adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31- 144(1) "MEDICAL OFFICE (MO) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD "SELF SERVICE STORAGE FACILITIES WITH A MINIMUM LOT AREA OF 1.5 ACRES" AS A CONDITIONAL USE IN THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider at a public hearing, as first reading, adoption of the above described Ordinance and will again consider adoption of the above described Ordinance, as second and final reading, at a public hearing on Tuesday, September 4, 2012 at 6:00 p.m. The above described Public Hearings will be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. 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 Hearings and be heard with respect to the proposed Ordinance. 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) 4615-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission, as Local Planning Agency or as the governing body, 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 ON CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice is hereby given that the Aventura City Commission, sitting as the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, July 10, 2012 at 6:00 p.m. to consider a motion recommending adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-238 "ACCESSORY USES" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD STANDARDS FOR INSTALLATION OF RENEWABLE ENERGY DEVICES AS AN ACCESSORY USE IN ALL ZONING DISTRICTS IN THE CITY; PROVIDING FOR WAIVER PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider at a public hearing, as first reading, adoption of the above described Ordinance and will again consider adoption of the above described Ordinance, as second and final reading, at a public hearing on Tuesday, September 4, 2012 at 6:00 p.m. The above described Pudic Hearings will be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive, Aventum, Florida, 33180. The proposed Ordinance may be inspected by the pudic at the Office of the City Clerk, 19200 West Country Club Drive, Aventum, Florida. Interested parties may appear at the Pudic Hearings and be heard with respect to the proposed Ordinance. 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. H a person decides to appeal any decision made by the City Commission, as Local Planning Agency or as the governing body, 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 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday anc 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 Heview, a daily (except Saturday, Sunaay 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 7/10/12 APPLICANT NAME & NO: CITY OF AVENTURA 01- VAR -12 in the XXXX Court, was published in said newspaper in the issues of 06/15/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. . Qyl_e�_a V Sworn to and subscribed before me this 15 day of JUNE , A.D. 2012 (SEAL) V. PEREZ personally known to me Nolary Nuuic State ofstate of Cheryl H Mamie, %r My CeDmmissiaa DD 79 nr n EXWIrw 07/1&2012 3480 CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, July 10, 2012 6:00 p.m. Applicant Name /Number: City of Aventura 01- VAR -12 Applicant Request: Variance from Section 31- 147(a)(3) of the City's Land Development Regulations to allow a 168" wide side street yard setback, where a minimum 30' wide side street yard setback is required by Code; and Variance from Section 31- 147(a)(3) of the City's Land Development Regulations to allow a 3' wide rear yard setback, where a minimum 20' wide rear yard setback is required by Code, for the Aventura Government Center Parking Garage to be located at 19200 West Country Club Drive, City of Aventura Location of Subject Property: Aventura Government Center 19200 West Country Club Drive, City of Aventura Legal Description: Tract A, Aventura Government Center, according to the plat thereof as recorded in the Public Records of Miami -Dade County, Florida in Plat Book 156, Page 57, City of Aventura 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 the address above. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail same 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 6/15 12- 3- 120/1902408M