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11-05-2013NOVEMBEF,N110M Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions /Emergency Additions 4. ELECTION OF VICE MAYOR 5. SPECIAL PRESENTATIONS: Employee Service Awards 6. CONSENT AGENDA: Matters included under the Consent Agenda are self - explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: October 1, 2013 Commission Meeting October 17, 2013 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI -DADE COUNTY; TO APPLY FOR, RECEIVE, AND EXPEND $3,948 IN FEDERAL FUNDS FOR THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO CHANGE ORDER NUMBER 4 FOR THE AVENTURA GOVERNMENT CENTER PARKING EXPANSION The' City of Erie S roka, ICMA -CM SuGb7 san Gottlieb, A-v y�i r Ci , Clerlr Enbar Cohen �/ Teresa M. Soroka, MMC Teri Holzberg Billy Joel Cit�Attorne� Michael Stern Weiss Scrota Hellman Howard Weinberg Pastoriza Cole & Boniske Luz Urbaez Weinberg NOVEMBEF,N110M Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions /Emergency Additions 4. ELECTION OF VICE MAYOR 5. SPECIAL PRESENTATIONS: Employee Service Awards 6. CONSENT AGENDA: Matters included under the Consent Agenda are self - explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: October 1, 2013 Commission Meeting October 17, 2013 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI -DADE COUNTY; TO APPLY FOR, RECEIVE, AND EXPEND $3,948 IN FEDERAL FUNDS FOR THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO CHANGE ORDER NUMBER 4 FOR THE AVENTURA GOVERNMENT CENTER PARKING EXPANSION November 5, 2013 BY AND BETWEEN THE CITY AND MUNILLA CONSTRUCTION MANAGEMENT, LLC; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; 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 AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING SUPPORT FOR THE WATER AND LAND CONSERVATION AMENDMENT WHICH WOULD DEDICATE FUNDS TO ACQUIRE AND RESTORE FLORIDA CONSERVATION AND RECREATION LANDS; AND PROVIDING AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS IN PUBLIC PLACES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND PAI November 5, 2013 OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI 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. L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES TO PROVIDE LIFELONG LEARNING PROGRAMS TO AVENTURA RESIDENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD OF THE AVENTURA CITY OF EXCELLENCE SCHOOL, CONFIRMING THE UTILIZATION OF THE MIAMI -DADE COUNTY SCHOOL BOARD'S EVALUATION SYSTEM FOR INSTRUCTIONAL AND ADMINISTRATIVE PERSONNEL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS; AUTHORIZING THE CITY MANAGER 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. NONE. 8. ORDINANCES: FIRST READING— PUBLIC INPUT: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE 3 November 5, 2013 CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 3.359 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A 4.032 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. C. 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 7.391 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO TC3, TOWN CENTER NEIGHBORHOOD DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES — SECOND READING — PUBLIC HEARING: None 10. RESOLUTIONS — PUBLIC HEARING: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT 4 November 5, 2013 FUTURE MEETINGS COMMISSION WORKSHOP NOVEMBER 14, 2013 9 AM EXEC. CONFERENCE RM COMMISSION MEETING JANUARY 7, 2014 6 PM COMMISSION CHAMBER COMMISSION WORKSHOP JANUARY 16, 2014 9 AM EXEC. CONFERENCE RM This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305466 -8901. 61 MINUTES CITY COMMISSION MEETING OCTOBER 1, 2013 6 p.m. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Howard Weinberg, Luz Weinberg, Vice Mayor Michael Stern, Mayor Susan Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Chief Steinberg. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the Consent Agenda was offered by Commissioner Holzberg, seconded by Commissioner Joel, passed unanimously by roll call vote and the following action was taken: A. The following minutes were approved: September 3, 2013 Commission Meeting September 9, 2013 Commission Meeting — 1St Budget Hearing September 18, 2013 Commission Meeting — 2nd Budget Hearing September 19, 2013 Workshop Meeting B. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $54,500 FOR CONSTRUCTION OF RADIO SYSTEM ROOM, CRIME PREVENTION PROGRAMS, EQUIPMENT AND CRIME PREVENTION SCHOLARSHIP FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM C. Resolution No. 2013 -43 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. Resolution No. 2013 -44 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO -YEAR TERM; AND PROVIDING AN EFFECTIVE DATE E. Resolution No. 2013 -45 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, COMMEMORATING THE 50TH ANNIVERSARY OF THE VIETNAM WAR; EXPRESSING SUPPORT FOR THE NOVEMBER 8, 2013 PARADE SPONSORED BY THE MIAMI -DADE COUNTY MILITARY AFFAIRS BOARD WELCOMING HOME AND REMEMBERING VIETNAM VETERANS; AND PROVIDING AN EFFECTIVE DATE Trevor Nesse, representative from Dr. Michael Krop Senior High School, addressed the Commission and provided an update on items of interest from the school. 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. Mr. Wolpin invoked the quasi - judicial procedures and Mrs. Soroka administered the oath to all those wishing to offer testimony in items 6 -A and 6 -13. A. The following resolution was read by title by Mr. Wolpin: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW ELEVEN (11) PARKING SPACES, WHERE A MINIMUM OF EIGHTEEN (18) PARKING SPACES ARE REQUIRED BY CODE; AND VARIANCE FROM SECTION 31- 221(1)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A TWO (2) 2 FOOT WIDE PERIMETER BUFFER STRIP ALONG THE WEST LIMIT OF THE VEHICULAR USE AREA, WHERE A MINIMUM SEVEN (7) FOOT WIDE PERIMETER BUFFER STRIP IS REQUIRED BY CODE; AND VARIANCE FROM SECTION 31- 221(1)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A ZERO (0) FOOT WIDE PERIMETER BUFFER STRIP ALONG THE NORTH LIMIT OF THE VEHICULAR USE AREA, WHERE A MINIMUM SEVEN (7) FOOT WIDE PERIMETER BUFFER STRIP IS REQUIRED BY CODE; AND RELEASE OF PREVIOUSLY APPROVED RESOLUTIONS NOS. 98 -50 AND 2000- 25; ALL FOR A PROPOSED 4400 SQUARE FOOT, ONE -STORY RETAIL BUILDING AT 17800 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Stern and seconded by Commissioner Luz Weinberg. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. 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. 2013 -46 was adopted. B. The following resolution was read by title by Mr. Wolpin: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW FORTY -SIX (46) PARKING SPACES, WHERE A MINIMUM OF EIGHTY -SEVEN (87) PARKING SPACES ARE REQUIRED BY CODE; AND MODIFICATION TO CITY OF AVENTURA RESOLUTION NO. 2011 -47 TO EXTEND THE TIME FOR USE OF THE TEMPORARY STRUCTURE ON SITE TO DECEMBER 26, 2014 AND TO MODIFY CONDITION NO. 8 OF SECTION 2. OF THE RESOLUTION; AND MODIFICATION TO THE "DECLARATION OF RESTRICTIONS REGARDING TEMPORARY STRUCTURE" TO EXTEND THE TIME TO USE OF THE TEMPORARY STRUCTURE TO DECEMBER 26, 2014; ALL FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NE 185 STREET AND NE 28 COURT, MUNICIPAL ADDRESS 18449 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Enbar Cohen. Ms. Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Stanley Price, Esq., 1450 Brickell Avenue, representing the applicant; Ron Kitties, 3 7000 Island Blvd. There being no further speakers, the public hearing was closed. A motion to amend the resolution to provide that the owner will add parking spaces if determined to be required by the City Manager at any time in the future was offered by Commissioner Joel, seconded by Commissioner Luz Weinberg and unanimously passed. The motion for approval, as amended, passed unanimously by roll call vote and Resolution No. 2013 -47 was adopted. 7. ORDINANCES: FIRST READING — PUBLIC INPUT: None. 8. ORDINANCES: SECOND READING /PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31 -145 "TOWN CENTER ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY ADDING "TOWN CENTER NEIGHBORHOOD (TC3) DISTRICT" TO THE SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Howard Weinberg. Mayor Gottlieb opened the public hearing. The following individual(s) addressed the Commission: Mickey Marrero, Esq., Bercow and Radell, representing the applicant; Amy Huber, Esq., Shubin & Bass, representing the Aventura Turnberry Jewish Center and Tauber School. There being no further speakers, the public hearing was closed. Ms. Carr addressed the Commission and reviewed the amendments. A motion to amend the ordinance to change Sections (2)c and (4)c from 2,500 sq. ft. to 1,000 sq. ft. of total floor area for indoor and outdoor commercial recreational uses was offered by Commissioner Enbar Cohen, seconded by Vice Mayor Stern and unanimously passed. The motion for approval, as amended, passed by roll call vote (6 -1) with Mayor Gottlieb voting no and Ordinance 2013 -12 was enacted. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: NE 190th Street; Carlos Murphy, Aventura Marina; Blvd. Roberta Christina, 6000 Island Blvd Pagan, Williams Island; Eric Fader, Neal Goodman, 3201 NE 183 Street; 4 (name unclear) 3332 Island Estates; Peter Paul Ober, 7000 Island 12.OTHER BUSINESS: None. 13.ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:25 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. MINUTES y of CITY COMMISSION Aventura Government Center )IR� WORKSHOP MEETING 19200 W. Country Club Drive October 17, 2013 9am Aventura, Florida 33180 `�.. /nr CALL TO ORDER/ROLL CALL: The meeting was called to order at 9 a.m. by Mayor Susan Gottlieb. Present were Commissioners Enbar Cohen, Billy Joel, Howard Weinberg, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, and City Attorney David M. Wolpin. Commissioner Teri Holzberg was absent due to illness. City Clerk Teresa M. Soroka was not in attendance. As a quorum was determined to be present, the meeting commenced. 1. AVENTURA HOSPITAL UPDATE: Aventura Hospital CEO Dianne Goldenberg presented a powerpoint presentation providing an update and overview of services provided by the hospital. CITY MANAGER SUMMARY: No action necessary. 2. FIU COLLABORATION FOR LIFELONG LEARNING PROGRAMS FOR AVENTURA RESIDENTS: (City Manager) Mr. Soroka reviewed a proposal to partner with FIU to provide Lifelong Learning programs to Aventura residents. CITY MANAGER SUMMARY: Consensus to move forward as recommended by the City Manager and place on November 5, 2013 agenda. 3. RECOMMENDED APPOINTMENTS TO ARTS IN PUBLIC PLACES ADVISORY BOARD: (City Manager) Mr. Soroka advised the Commission of the recommended appointments of Benjamin Sens, Sandi Jo Gordon and Marina Wecksler to the Arts in Public Places Advisory Board. CITY MANAGER SUMMARY: Consensus to proceed and place on November 5, 2013 meeting agenda. 4. REQUEST FOR RESOLUTION SUPPORTING THE FLORIDA WATER AND LAND CONSERVATION AMENDMENT: (Commissioner Howard Weinberg) Commissioner Weinberg introduced this item to the Commission. CITY MANAGER SUMMARY: Consensus to proceed with resolution on the November 5, 2013 agenda. 5. GOVERNMENT CENTER PARKING LOT RESURFACING (City Manager): Mr. Soroka recommended that the City Commission authorize the resurfacing of the portion of the driveway and on -grade parking areas not included in the current parking garage project. CITY MANAGER SUMMARY: Consensus to proceed and place on November 5, 2013 agenda. Commissioner Luz Weinberg advised that she would be unable to attend the next two meetings of the Miami -Dade County League of Cities. Commissioner Howard Weinberg volunteered to attend. 6. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ag r DATE: October 7, 2013 SUBJECT: Resolution Authorizing Execution of Federal Drug Control and System Improvement Program Grant to Fund School Resource Officer Drug and Crime Prevention Programs November 5, 2013 City Commission Meeting Agenda Item �.a RECOMMENDATION It is recommended that the City Commission authorize the execution of the Federal Drug Control and System Improvement Program Grant document to fund the School Resource Officer programs at the Charter School. BACKGROUND The City has applied for and received a grant in the amount of $3,948 to fund various crime prevention programs designed to educate the students and parents of the school. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1786 -12 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI -DADE COUNTY; TO APPLY FOR, RECEIVE, AND EXPEND $3,948 IN FEDERAL FUNDS FOR THE SCHOOL RESOURCE OFFICER PROJECT; 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 Commission of the City of Aventura desires to accomplish the purpose outlined in the contract attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to apply for funds in the approximate amount of $3,948 and execute such contracts and agreements as are required between Miami -Dade County and the City of Aventura to provide for services provided by the Community Drug & Crime Prevention School Resource Officer Program in substantially the form as attached hereto. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 2 PASSED AND ADOPTED this 5th day of November, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Aventura FY2014 Contract MIAMI -DADE COUNTY CONTRACT This Contract, made this day of 2013, by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County ") through its Office of Management and Budget (hereinafter referred to as "Department "), located at 111 N W First Street 19" Floor Miami, FL 33128, and the CITY of AVENTURA a municipality located in Miami -Dade County, Florida (hereinafter referred to as "Provider "). This Contract provides the terms and conditions pursuant to which the Provider shall provide a School Resource Officer Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100 -690, the Federal Anti -Drug Abuse Act of 1988, hereinafter referred to as the ACT; and, WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Contract by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami -Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the School Resource Officer Project by providing a portion of the federal funds awarded to Miami -Dade County to the School Resource Officer Project; and WHEREAS, the County as grantee for the State of Florida is authorized to contract for said services for the School Resource Officer Project as an allowable activity under the ACT; and WHEREAS, the County requires the above - mentioned services from the Provider in order to fulfill its contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of tiie mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $3,948. Both parties agree that should available County funding be reduced, the amount payable under this Contract may be proportionately reduced at the option of the County. Availability of funds shall be determined in the sole discretion of the County. 1 of 15 II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. III. EFFECTIVE TERM. The effective term of this Contract shall be from October 1, 2013 through July 31, 2014. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County; however a Cash Match is not required for this grant term. V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti -Drug Abuse Act. The Provider agrees to abide by all of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, as may be amended from time to time, as well as with Chapter 11 D -9 of the Florida Administrative Code, and all applicable federal, state and local laws, regulations and policies. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial Justice Assistance Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. Furthermore, this award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A -87, or OMB Circulars A -110 or A -102, as applicable, and A -21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of Public Law 90 -351, as amended, and Public Law 100 -690. B. Supplanting. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 11 D -9, Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in 2of15 connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing School Resource Officer services shall have appropriate licenses, training and experience in the field in which he /she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his /her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. The Provider agrees to comply with all applicable laws, regulations, ordinances and resolutions regarding background screening of employees, volunteers and subcontractors. Provider's failure to comply with any applicable laws, regulations, ordinances and resolutions regarding background screening of employees, volunteers and subcontractors is grounds for a material breach and termination of this contract at the sole discretion of the County. The Provider agrees to comply with all applicable laws (including but not limited to Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 435, Florida Statutes, as may be amended form time to time), regulations, ordinances and resolutions, regarding background screening of those who may work or volunteer with vulnerable persons, as defined by section 435.02, Florida Statutes, as may be amended from time to time. In the event criminal background screening is required by law, the State of Florida and /or the County, the Provider will permit only employees and subcontractors with a satisfactory national criminal background check through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement or Federal Bureau of Investigation) to work or volunteer in direct contact with vulnerable persons. The Provider agrees to ensure that employees and subcontracted personnel who work with vulnerable persons satisfactorily complete and pass Level 2 background screening before working or volunteering with vulnerable persons. Provider shall furnish the County with proof that employees, volunteers and subcontracted personnel, who work with vulnerable persons, satisfactorily passed Level 2 background screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to time. If the Provider fails to furnish to the County proof that an employee, volunteer or subcontractor's Level 2 background screening was satisfactorily passed and completed prior to that employee or subcontractor working or volunteering with a vulnerable person or vulnerable 3of15 persons, the County shall not disburse any further funds and this Contract may be subject to termination at the sole discretion of the County. XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance codified at Section 2 -11.1 et al. of the Code of Miami -Dade County, as may be amended from time to time, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. Nepotism. The Provider will comply with section 112.3135 of the Florida Statutes regarding restrictions on employment of relations. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami - Dade County ( "County Code "), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., §2000d as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12103 et seq., which prohibits discrimination in employment and agcommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. §1612, and the Fair Housing Act, 42 U.S.C. §3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as § 11A -60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: 4of15 If to the COUNTY: If to the PROVIDER: Miami -Dade County Office of Management and Budget 111 NW First St., 19th Floor Miami, Florida 33128 Attention: Ms. Michaela Doherty Aventura Police Department 19200 W. Country Club Dr. Aventura, FL 33180 Attention: Ms. Shelisa Persaud XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF CONTRACT: COUNTY REMEDIES. A. Breach. A breach or default by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) the Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring; evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami -Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract; or (14) The Provider has failed to comply with the public records disclosure requirements set forth in Section 119.0701 of the Florida Statutes, B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 5of15 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may decline to contract with the Provider in the future; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Mayor or Mayor's designee is authorized to terminate this Contract on behalf of the County. D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate 6of15 at least thirty (30) days prior to the effective date of such termination. The County Mayor or Mayor's designee is authorized to terminate this Contract on behalf of the County. XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line items, not to exceed ten percent (10 %) of the total budget, without a written amendment, upon written approval of the Department. Variances greater than ten percent (10 %) in any approved line item shall require a written amendment signed by both parties. B. Recapture Funds. At the conclusion of the second quarter and upon submission of the Quarterly Performance Report and Expenditure Report, the County will review the Provider's Year -To -Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan which documents those steps the municipality will take in the Third Quarter to fully expend the contract by the end of the program period. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program period, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process, and will notify the Provider in writing of the recapture amount. C. Payment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost -basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment B). The Provider agrees to invoice the County for each School Resource Officer Project using the Quarterly Expenditure Report as it appears in Attachment D, and to do so on a quarterly basis, as stated in Section XIX. B.2., the Quarterly Expenditure Report shall be prepared in a manner in accordance with the form provided in Attachment D. The final Expenditure Report shall be submitted by August 15, 2014 D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No payment of subcontractors. In no event shall County funds be advanced directly to any subcontractor hereunder. 7of15 XVIII. INVENTORY -_ CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the Provider organization, will be considered an unnecessary expenditure. B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs, the cost of the proposed equipment and the size of the Provider organization. The Provider shall maintain an adequate property management system. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider's organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss Damage or Theft of Equipment. The Provider is responsible for replacing or repairing any property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Funds under this Contract. Equipment acquired shall be used and managed by the Provider to ensure that the equipment is used for criminal justice purposes. E. Management. The Provider's procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every two (2) years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of at least five (5) years from the date of the disposition or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the five -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 8of15 XIX. RECORDS REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. A. Records. All program records will be retained by the Provider for not less than five (5) years beyond the term of this Contract. In accordance with contract requirements from the State of Florida, records for the School Resource Officer Project services must reflect: The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Contract. Pursuant to Section 119.0701 of the Florida Statutes, if the Provider meets the definition of "Contractor" as defined in Section 119.10701(1)(a), the Provider shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential an exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer to the County, at no County cost, all public records created, received, maintained and or directly related to the performance of this Agreement that are in possession of the Provider upon termination of this Agreement. Upon termination of this Agreement, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. For purposes of this Article, the term "public records "' shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the County. B. Reporting Requirements. 1. Quarterly and Final Project Performance Report. The Provider shall submit the Quarterly Project Performance Report to the Office of Management and Budget by January 5, April 5, July 5, and the Final Performance Report August 5, 2014 covering the Contract activity for the previous quarter. The Quarterly and Final Project Performance Report shall be submitted in the format and using the form attached hereto as Attachment C. 9of15 2. Quarterly and Final Expenditure Report. The provider shall submit the Quarterly Expenditure Report with supporting documentation to the Office of Management and Budget by January 15, April 15, July 15, and the Final Expenditure Report August 15, 2014 covering the expenditures to be reimbursed for the previous quarter. The Quarterly and Final Expenditure Report shall be submitted in the format and using the form attached hereto as Attachment D. 3. Other Required Reports. The Provider shall submit other reports as may be required by the Office of Management and Budget during the program period. C. Changes to Reporting Requirements. The Provider understands that the County may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Contract. The Provider shall provide assistance as may be necessary to facilitate a financial /program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami -Dade County Inspector General. Miami -Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 1/4 of 1 % of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and 10 of 15 records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back- charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami - Dade County Administrative Order 3 -20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Contract for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. G. Evaluation Studies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida Department of Law Enforcement, Business Support Program, and Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Religious Purposes. County funds shall not be used for religious purposes 11 of 15 C. Commingling Funds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. D. Double Payments. Provider costs claimed under this Contract may not also be claimed under another contract or grant from the County or any other agency. Any claim for double payment by Provider shall be considered a material breach of this Contract. XXI. MISCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Mayor or Mayor's designee. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. In the event the County determines that a reduction in the Provider's budget is necessary, the County shall notify the Provider in writing within thirty (30) days of said reduction decision. Budget revision requests must be submitted in writing by the Provider to the Office of Management and Budget (OMB). Budget revision requests will be effective upon the date of written approval by the State of Florida Department of Law Enforcement. C. Ownership of Data and Other Material. All reports, information documents, tapes and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon request. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami -Dade County, Florida. Nothing in this contract shall be considered a waiver of sovereign immunity. E. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by acceptance of these funds, the Provider 12 of 15 agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to Miami -Dade County, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. Review of this Contract. Each party hereto represents and warrants that they have consulted with their own attorney concerning each of the terms contained in this Contract. No inference, assumption, or presumption shall be drawn from the fact that one party or its attorney prepared this Contract. It shall be conclusively presumed that each party participated in the preparation and drafting of this Contract. H. Headings Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. I. Total of Contract /Severability of Provisions. This fifteen (15) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget Attachment C: Quarterly Project Performance Report Attachment D: Quarterly Expenditure Report Attachment E: Miami -Dade County Affidavits Attachment E1: Code of Business Ethics Attachment E2: Miami -Dade County Debarment Disclosure Affidavit Attachment E3: State Public Entities Crime Affidavit Attachment F: Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirement of applicable law. 13 of 15 INTENTIONALLY LEFT BLANK 14 of 15 IN WITNESS WHEREOF, the parties hereto have caused this Contract, along with all of its Attachments, to be executed by their respective and duly authorized officers, the day and year first above written. Signature Name (typed) ATTEST: Title By: BY: (Corporate Seal) ATTEST: MIAMI -DADE COUNTY, FLORIDA HARVEY RUVIN, CLERK By: BY: DEPUTY CLERK CARLOS A. GIMENEZ MAYOR 15 of 15 SUMMARY OF ATTACHMENTS ATTACHMENT A Scope of Services ATTACHMENT B Program Budget ATTACHMENT C Quarterly Project Performance Report ATTACHMENT D Quarterly Expenditure Report ATTACHMENT E Miami -Dade County Affidavits ATTACHMENT E1 Code of Business Ethics ATTACHMENT E2 Miami -Dade County Debarment Disclosure Affidavit ATTACHNENT E3 State Public Entities Crime Affidavit ATTACHMENT F Provider's Disclosure of Subcontractors and Suppliers PROGRAM NARRATIVE Jurisdiction Name: Aventura Address: 19200 W. Country Club Dr. Aventura, FL 33180 Program Area: School Resource Officer ATTACHMENT A Contact Person: Shelisa Persaud Contact Numbers: O 305 - 466 -8965 F (305) 466 -2895 Program Dates: 10/01/13 through 07/31/14 Program Name: AVLET2 (Aventura Learn, Evaluate, Target Population: School aged children's Take Action) Parents Problem Identification Every day 4700 youth under age 18 try marijuana for the first time. Studies have shown that one in five 8th grade students who were surveyed indicated that they had used drugs of some type. Our own studies have shown that the drug problem is increasing in local schools with documented evidence that the use of drugs is starting at a younger age, in 2003 nearly nine out of ten twelfth graders reported marijuana being accessible by the eighth grade. By the time they finish eighth grade approximately 50 percent report having one drink and 20 percent report having been drunk. One thing remains true in spite of these numbers; a parent's influence on the child can have dramatic results regarding the child's decision to use or continue to use drugs. It is essential that we train parents on what to look for. Program Description For the FY2014 grant cycle the Aventura Police propose that the School Resource Officer will continue to offer training to parents of teen students on drug abuse prevention. We will expand these efforts to include elementary school level parents. The training will be broken into three parts and taught during the school year to parents of students of various grade levels. The classes will consist of three topics each one being covered in detail. The three topics are follows: Learn — Parents will be learning about the drugs that are out there and their potential for misuse. The parents will be shown various drugs so they can readily identify them. Drug displays and brochures will be used for hands on learning about the types of drugs commonly abused. Methods of obtaining drugs and tactics used to cover up their use will be covered. Evaluate — Parents will learn how to evaluate if their child is using or experimenting with drugs. The danger signs and the not so obvious signs of potential drug abuse will also be addressed so that parents can make a rational educated evaluation of their child to determine if drugs are being used. This section will cover the appearances of drug abuse and teach parents the physical and evidential signs of drug abuse: such as bloodshot eyes, hyperactivity, and obsession with money which are common to abusers of various drugs. This will enable the parent to recognize even the subtle signs of abuse. Take Action — Will show parents what actions to take in order to prevent drug abuse, how to get the kids talking about potential situations where drugs can be abused and how to evaluate the risks associated with drug abuse; how to talk to your child about your past experiences with drugs and how to explain if you have had a history of drug usage yourself. This is an especially important topic as parents who experimented with drugs are unsure how to explain this to their children in a manner that places the child on the right track. There are talking points and conversation starters that will be shared with parents to assist them in this all important phase of interaction with their child. This program will continue to be offered at our local Schools. Jurisdiction Name: Aventura Address: 19200 W. Country Club Dr. Aventura, FL 33180 Program Area: School Resource Officer Program Name: AVLET ( Aventura Learn, Evaluate, Take Action) Contact Person: Shelisa Persaud Contact Numbers: O 305 - 466 -8965 F (305) 466 -2895 Program Dates: 10/01/13 through 07/31/14 Target Population: Parents of School aged children Required Activities Planned Measures ; Monitoring Plan Conduct 12 Drug Prevention The provider shall be The provider is to submit the classes for parents of school responsible for: following documentation to the aged students. County in a complete and timely Anti -Drug &Drug Prevention manner: Provide training to approximately Classes to parents of school 1000 parents aged children Quarterly Performance Reports Provide approximately 36 hours Video and Multimedia Quarterly Expenditure Reports of training presentations Program Plan and Activity Purchase supplies for the Presentations on various drug Schedule project including: prevention topics Printed program materials, drug Meeting announcements, prevention videos, pens, book attendance records marks and drug id slide charts. Wireless microphone Participant list and meeting Projection screen attendance records Copies of invoices for materials purchased PROGRAM BUDGET Jurisdiction Name: AVENTURA Program Area: School Resource Officer Program Name: AVLET CONTRACTUAL SERVICES TOTAL Salaries and Benefits, Total Operating Capital Outlay, Total Expenses, Total Program materials including Drug Prevention Videos, drug ID slide charts, pens & key chains. Wireless Microphone and projection screen *All items inlcude shipping & handling Total Budget Miami- Dade County will reimburse an amount not to exceed: ATTACHMENT B Contact Person: Shelisa Persaud O (305) 466 -8965 F (305) 466 -2895 Program Dates: 10/01/13 - 07/31/14 $3,948 $3,948 $3,050 898 $3,948 $3,948 Edward Byrne Memorial Justice Assistance Grant Program Attachment C Drug Control and System Improvement Formula Grant Program Quarterly Project Performance Report SCHOOL RESOURCE OFFICER Fiscal Year 2014 Aventura (City) (Project Name) (Name of Person Completing Form) (Title) (Phone) Report Number Quarterly Period Report Due Dates 1 October 1 - December 31 January 5 2 January 1 - March 31 Aril 5 3 Aril 1 - June 30 July 5 4 FINAL Jul 1 - July 31 August 5 Re ort Number.. --'Quarter) Period Report Submission Date` Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRATIVE portion of this report. Any report not received by January 5; April 5; July 5; and /or October 5, will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. 0 O CL N ir U E 0 N d O U O a`p T N rC) (d O O N � N 0 00 c U- cn< N Q C N � Q 3 L C C f0 O 3 C C N U c0 N (4 N L N cu -O Cl. a L N Q7 ` CL a) -o o N a C E N 2 O o N N 0 CL O Q ?C N O N N C N 3 a a s X O N N 0 C O O < j O C ) N p C CS O cu E C O O T O L U F S Q Z In r N M 7 N N C O U N a a) N N � N �C N O O N 6 � L � U -O (9 _E N N O O N - N N 'C - N U a M @ O O C a O O a� .a O � C C O - �- U U C N _@ 00 0. O —U co U U N 7 d U .c 3 N 0 � O E w N U L 0 t. ° o a� CQ W W a i J Q N LL w w � Z E O "6 0 O o 0 N CL =. Attachment D Subgrant Number: Name of Agency /City: Project Title: Telephone Number: Name of Person Completing Form: PRINT THIS PAGE ON YOUR LETTERHEAD Edward Byrne Memorial Justice Assistance Grant Program SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS Date: Claim Number: Claim Period: 1. Total Federal Budget 2. Amount of this Invoice' 3. Amount of Previous Invoices 4. Remaining Budget Balance $0.00 (Subtract lines 2 & 3 from line 1) -= R t. r t, Y� z y„^', -.. . r 3..« +-. � ,. `�"K',n„'i'i;i°'i� Mr r• 4 AGENCY FOR OMB USE Requested Amount ONLY: for Reimbursement Approved Amount (as indicated on Line for Category 2 above) Reimbursement Salaries & Benefits Contractual Services Expenses Operating Capital Outlay Total Claim Amount $0.00 The above amount indicated as our agency's "Total Claim Amount" is being requested for reimbursement which is in accordance with our contract agreement. Also, supporting documentation has been provided with this package which substantiates the above "Total Claim Amount" requested by our agency. I hereby certify that all of the costs have been paid and none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received, for which reimbursement is requested. Respectfully submitted, Authorized Signature (Chief of Police /Other City Official) G/L Coding Invoice Number Vendor #: Index Code: _ Amount to Pay: Subobject: _ Resolution: Payment Approved, Miami -Dade County OMB FOR OMB USE ONLY Invoice Description: Voucher* VQBU Package Reviewed by Liaison: _ Date Submitted by Liaison in IWA: SUPPORTING DOCUMENTATION FOR THIS PAYMENT MAINTAINED BY OMB - GRANTS COORDINATION 1 2 3 4 5 t 6 7 8 Page 2 of 5 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Salaries and Benefits) Name of Agency /City: Date: Project Title: Claim Number: Name Date of Type of Total Total Officer /Staff Activity Activity' Hours Amount `(Presentation, Parent Meeting, Field trip, etc.) Total Amount for Salaries and Benefits (if applicable): $0.00 Total Hours: 0.00 I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $0.00 IS CORRECT. BELOW IS THE SIGNATURE OF EACH STAFF (EMPLOYEE) IN THE ORDER LISTED ABOVE: 1 OFFICER /STAFF SIGNATURE: EMPLOYEE ID: 2 OFFICER /STAFF SIGNATURE: EMPLOYEE ID: 3 OFFICER /STAFF SIGNATURE: EMPLOYEE ID: 4 OFFICER /STAFF SIGNATURE: EMPLOYEE ID: 5 OFFICER /STAFF SIGNATURE: EMPLOYEE ID: 6 OFFICER /STAFF SIGNATURE: EMPLOYEE ID: 7 OFFICER /STAFF SIGNATURE: EMPLOYEE ID: 8 OFFICER /STAFF SIGNATURE: EMPLOYEE ID: i . ^"s, -m+u(`a„ "".F." ^.�.9 .., "+V+'�•"'+�; >�± ic+r' '-mm� ^.'ys, 4 `a„c]"Asu.3i4s:.d�lC ?s`J. �3"�'i�.,.8�u. - .::'J��f . r_ �a&. .n,....._s »4..�:.a_..Ldilii•.3i }y ry,•'; I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: CHIEF OF POLICE /CITY OFFICIAL SIGNATURE: Note: Payroll registers, time sheets and OT slips (if applicable), documenting payroll expenses must be attached to process this reimbursement. Name of Agency /City: Project Title: Page 3 of 5 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Contractual Services) Date: Claim Number: Item Date Check /ACH Vendor Name Description Paid Number Amount TOTAL CONTRACTUAL SERVICES AMOUNT: NOTE: Copies of all invoices, cancelled checks, purchase orders for this request must be attached to process this reimbursement. Name of Agency /City: Project Title: SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Expense) Date: Claim Number: Page 4 of 5 Item Date Check/ACH Vendor Name Description Paid Number Amount TOTAL EXPENSE AMOUNT: NOTE: Copies of all invoices, cancelled checks, and purchase orders for this request must be attached to process this reimbursement. Name of Agency /City: Project Title: Vendor Name Page 5 of 5 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Operating Capital Outlay) Date: Claim Number: Item Date Check/ACH Description Paid Number Amount TOTAL OPERATING CAPITAL OUTLAY AMOUNT: $0.00 NOTE: Copies of all invoices, cancelled checks, purchase orders for this request must be attached to process this reimbursement. ATTACHMENT E JAGBYRNE GRANT ADMINISTRATION MIAMI -DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI -DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof, it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. I, being first duly sworn state: Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Business As (if same as above, leave blank) Street Address City State Zip Code I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipalit}, of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership 1 of 5 2. The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. II. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90- 133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? ' Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Males Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: Males Females Aleut (Eskimo): Males Females Males Females: Males Females III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.) In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make -up of the nation shall be presumed to have non - discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 2of5 The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative of the population make -up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. 152 Avenue, 28th Floor, Miami, Florida 33128; The firm does not have an affirmative action plan and /or a procurement policy as described above, but has been granted a waiver. IV. MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. _V. MIAMI -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. 3 of 5 VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section 11A -29 et. seq of the County Code) That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. _VIII. MIAMI -DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 4of5 X. PROJECT FRESH START (Resolutions R- 702 -98 and 358 -99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R- 702 -98 and R- 358 -99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. XI. DOMESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified At 11A -60 Et. Seq. of the Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at IIA -60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami - Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits that do not pertain to this contract. IC (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this 200_ by known to me or has presented (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public — Stamp State of (State) 5 of 5 day of (Date) He /She is personally as identification. (Serial Number) (Expiration Date) Notary Seal ML41VII -DADE COUNTY FLORIDA Form A -12 Code of Business Ethics ATTACHMENT El In accordance with Resolution R- 994 -99 each person or entity that seeks to do business with Miami -Dade County shall adopt the Miami -Dade County /Greater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami -Dade County /Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami -Dade County /Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami -Dade County /Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect s for the importance of ethical business standards in the community. Miami -Dade County /Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A -12, the Proposer hereby agrees to comply with the principles of Miami -Dade County /Greater Miami Chamber of Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A -12. Compliance with Government Rules and Regulations • We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; • In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; • We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment Selection and Compensation of Contractors, Consulting, Vendors, and Suppliers • We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; • Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. Page 1 of 3 MIAMI- DADECOUNTY,, FLORIDA Business Accounting • All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We, the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors; • We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our proposal will be competitive, appropriate to the request for proposals /qualifications documents and arrived at independently; • Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. • We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Campaigns • We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law; • We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues to the extent permitted by law; • Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. Page 2 of 3 MIAMI -DADS COUNTY, FLORIDA We, the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. Pass - through Requirements This Code prohibits pass- through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity; Rental Space Equipment and Staff Requirements or Flat Overhead Fee Requirements This Code prohibits rental space requirements, equipment requirements, staff requirements and /or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and /or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_ by is personally known to me or has presented as identification. (Signature of Notary) He /She (Type of Identification) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Page 3 of 3 Attachment E2 MIAMI -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93 -129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami -Dade County. (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this 200_ by is personally known to me or has presented as identification. (Signature of Notary) (Print or Stamp of Notary) Notary Public — Stamp State of (State) (Date) day of He /She (Type of Identification) (Serial Number) (Expiration Date) Notary Seal Attachment E3 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to Miami -Dade County by for (print individual's name and title) (print Name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I of 2 I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of , 20 Personally known OR Produced Identification Notary Public - State of (Type of Identification) My commission expires (Printed typed or stamped commissioned name of notary public) 2 of 2 ATTACHMENT F JAG /BYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97 -104) Name of Organization: Address: REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit the list of first tier subcontractors or sub - consultants who will perform any part of the Scope of Services Work, if this Contract is for $100,000 or more. The Provider must complete this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will be used "; do not state "N /A ". NAME OF SUBCONTRACTOR OR SUB - CONSULTANT ADDRESS CITY AND STATE No subcontractors will be used. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit a list of suppliers who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or more. The Provider must fill out this information. If the Provider will not use suppliers, the Provider must state "No suppliers will be used ", do not state "N /A ". NAME OF SUPPLIER ADDRESS CITY AND STATE No suppliers will be used. I hereby certify that the foregoing information is true, correct and complete: Signature of Authorized Representative: Title: Firm Name: Address: Date: Fed. ID No. City/ State /Zip: Telephone: ( ) Fax: ( ) E -mail: CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City age BY: Antonio F. Tomei, Capital Projects ana er� DATE: October 17, 2013 SUBJECT: Change Order- Government Center Parking Expansion Project to Asphalt Overlay Existing Parking Lot Area - Munilla Construction Management (MCM) November 5, 2013 City Commission Meeting Agenda Item _(0-C, Recommendation It is recommended that the City Commission adopt the attached Resolution approving the above referenced Change Order request in the amount of $51,207. The change order amount will be funded by Budget Line item Number 001 - 8090 - 590 -6999 (Capital Reserve). Background Upon review of the existing parking area, initially paved in 2001, it was determined an asphalt overlay is required for the following reasons: 1. Water, sewer, drainage and electrical tie -ins below grade in the existing parking area and required for the Parking Expansion project has left numerous unsightly asphalt patches. 2. The existing parking lot was paved in 2001 and has surpassed 12 years of use. As such, cracks and settlement of the asphalt is occurring and further delay of asphalt restoration will increase costs of restoration work. 3. Asphalt restoration of existing areas of the parking lot will compliment new asphalt restoration that was included in the contract and provide for a new finished look to the project. Three (3) proposals outlined below were requested to perform the Asphalt Overlay. MCM $51,207 Magna Construction, Inc. $59,363 Weekley Asphalt Paving, Inc. $64,839 If you have any questions or need any additional information, please feel free to contact me. r CONTRACT NUMBER: N/A DATE: October 16, 2013 CITY OF AVENTURA CHANGE ORDER FORM CHANGE ORDER NO.4 PROJECT TITLE: Aventura Government Center Parking Expansion PROJECT CONTRACTOR: Munilla Construction Management, LLC (MCM) COST: $51,207 BUDGET LINE ITEM: 001 - 8090 - 590 -6206 DESCRIPTION OF CHANGES: Provide for an asphalt overlay in all areas of the existing Government Center Parking area not included in the Government Center Parking Expansion construction contract. Original Contract: $ 3,876,493 Total Previous Change Orders: $(1,190,209) This Change Order: $ 51,207 Revised Contract Amount: $ 2,737,491 Total Change Orders to Date: 3 Contract Amount Before This Change: $2,686,284 Total Change in Contract Period: 0 Days The sum of $51,207 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is $2,737,491. The time provided for completion of the Contract remains the same. However, the asphalt overlay work outlined in the approved proposal must be substantially completed no later than 11/1/13. This document shall become an amendment to the Contract and all provisions of the Contract will apply thereto. Recommended by Recommended by ��Consultant Capital Projects Manager Recommended for Budgetary Purposes: Approved by Date la rb�i3 Date Finance Support Services Director Date City Manager Accepted by Contractor Date Date CHANGE PROPOSE COR: 13R DATE: Sep. 10.13(Revised 9- 30- 13)(Revised 10 -9 -13) PROJECT: Government Center City of Aventura Parking Garage TO: PEAL Attention: Rodney Crockett RE:New Asphalt not included in Contract Documents DESCRIPTION: This COR is for the proposed additional asphalt not included in the contract documents. These areas are on the northside and southside of garage. In addition, the area on the southwest side partially under the ramp requires new asphalt not shown on contract drawings.See attached sketch for proposed areas. The cost for this additional work is as follows: TOTALS LABOR $1,399 (see attached documents) MATERIAL $0 (see attached documents) EQUIPMENT $0 (see attached documents) SUBCONTRACTS $43,425 (see attached documents) Subtotal $44,824 Contractual Markup (12 %) $5,379 Subtotal $50,243 Insurance Bond(2 %) $ 1,004 TOTAL: $51,207 This proposed change is limited to the work described herein, and does not include any other work not listed on the attached Direct Cost Analysis. TIME - EXTENSION REQUEST Cos Below please find .a projection of days anticipated to perform the above noted work. TOTAL OF THIS CHANGE ORDER REQUEST The Contract Time will be revised to reflect: MCM _ General Contractor Having received the above, I hereby certify that adequate values and that the Contractor is entil City of Aventura Owner DEDUCT❑ DEDUCT Wof, the cost or pricing data submitted reflects as noted above. 51,207 3 days DATE: Sep. 10.13(Revised 9- 30 -13) PROJECT:Government Center City of Aventura Parking Garage RE: New Asphalt not included in Contract Documents T COST A on this Chanoe COR# 13R raFVVS -: = =' =':: :�sr:vsatitsarzt.� T .. . - tia+ sssesat:�tirtisuxtiw:ss�tisvh5r.3z5 -- - - - �stiti_'+�Y;ar� - � s3a LABOR Item DESCRIPTION UNIT MHRS U. COST SUB. TOT 1 Project Executive(lday /week)includes Burden day 0 $1,255.00 $0 2 Project Manager includes Burden wk 015 $2,855.00 $714 3 Superintendent includes Burden wk 0.25 $2,225.00 $556 4 Field Clerk includes Burden day 0 $195.00 $0 5 Labor(3) days/wk include Burden day 1 $129.00 $129 6 Safety 1 day/week includes Burden day 0 $337.00 $0 SubTotal= $1399 MATERIAL Item DESCRIPTION UNIT CITY. U. COST SUB. TOT EQUIPMENT SubTotal= $0 Item DESCRIPTION UNIT CITY. U. COST SUB. TOT 1 General Conditions(includes: Temp wk 0 $0.00 $0 Fencing,Trailer,Phones, Insurance,Temp Power,etc) ($3, 309 /month) SubTotal= $0 SUBCONTRACTS Item DESCRIPTION UNIT CITY. U. COST SUB. TOT Rock Power 1 North and South Side of Garage LS 1 36,616 $36,616 Rock Power 2 Southwest side of Garage LS 1 6,809 $6,809 SubTotal= $43 425 General Engineering Contractors 13831 S.W. 59 ST., Suite 204 Miami, FL 33183 Tel: (305) 752 -7742 Fax: (305) 752 -7728 CHANGE ORDER # 16 TO: MCM FROM: Robert Delgado ATTN: Juan Campos DATE: 10/912013 RE: Aventura Government Center. Equipments and Operators Unit Unit QTY Burden -35% Rate Foreman HR Subtotal Compactor Drum $ 18.38 HR 24 $ 69.44 $ 15.00 $ 5.25 $ 1,666.56 Asphalt Machine HR HR 24 $ 49.50 Operator asphalt machine HR $ 1,188.00 Excavator $ 8.75 $ 810.00 HR 16 $ 147:00 $ 8.75 $ 810.00 $ 1,712.00 Loader 16 $ 25.00 HR 16 $ 65:00 16 $ 25.00 $ 1,040.00 Work Force /Crew Unit QTY Rate Burden -35% Subtotal Foreman HR 12 $ 35:00 $ 18.38 $ 640.50 Labors (2) HR 48 $ 15.00 $ 5.25 $ 972.00 Racy man (2) HR 48 $ 19.00 $ 6.65 $ 1,231.20 Operator asphalt machine HR 24 $ 25.00 $ 8.75 $ 810.00 Operator Compactor HR 24 $ 25.00 $ 8.75 $ 810.00 Operator Excavator HR 16 $ 25.00 $ 8.75 $ 540.00 Operator Loader HR 16 $ 25.00 $ 8.75 $ 540.00 Labors (2) HR 80 $ 15.00 $ 5.25 $ 1,620.00 Striping 4" white EA Handicap Logo EA Handicap Hatch EA e ee _ $ 380.00 $ 420.00 120.00 $ 920.00 VVork Subtotal Excluding Subcontractor $ 31,840.26 15% OHP $ 4,776.04 Grand Total $ 36,616.30 Approval Signature_ Print Name & Title_ Approval Date General Engineering Contractors 13831 S.W. 59 ST., Suite 204 Miami, FL 33183 Tel: (305) 752 -7742 Fax: (305) 752 -7728 CHANGE ORDER # 1 l TO: MCM FROM: Robert Delgado ATTN: Juan Campos DATE: 9/10/2013 RE: Aventura Government Center. Description of .Job: - Costs associated with the demolition and instalation of 175SY in 1" asphalt S -111 Materials Unit OTY Unit Price Burden -35% Subtotal Asphalt TN 18 $ 120.00 $ 18.38 $ 2,160.00 Haulling off asphalt Trucks 1 $ 150,00 $ 5.25 $ 150.00 Rackman (2) HR 8 $ 19.00 $ 6.65 Total 2, #O'00 . HR Equipments and Operators Unit QTY Rate Operator Compactor Subtotal Compactor 2 Drum HR 8 $ 69.44 Operator Excavator $ 555.52 Asphalt Machine HR 8 $ 49.50 Operator Loader $ 396.00 Excavator $ 25.00 HR 8 $ 107.00 $ 856.00 Loader I HR 8 $ 65.00 $ 520.00 Work Force /Crew Unit CITY Rate Burden -35% Subtotal Foreman HR 2 $ 35.00 $ 18.38 $ 106.75 Labors (2) HR 8 $ 15.00 $ 5.25 $ 162.00' Rackman (2) HR 8 $ 19.00 $ 6.65 $ 205.20 Operator asphalt machine HR 4 $ 25.00 $ 8.75 $ 135.00 Operator Compactor HR 4 $ 25.00 $ 8.75 $ 135.00 Operator Excavator HR 8 $ 25.00 $ 8.75 $ 270.00 Operator Loader HR 8 $ 25.00 $ 8.75 $ 270.00 Work Subtotal Excluding Subcontractor $ 5,921.47 15% OHP $ 888.22 Grand Total $ 6,809.69 Approval Signature Print Name & Title RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO CHANGE ORDER NUMBER 4 FOR THE AVENTURA GOVERNMENT CENTER PARKING EXPANSION BY AND BETWEEN THE CITY AND MUNILLA CONSTRUCTION MANAGEMENT, LLC; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1 The City Manager is hereby authorized to execute and otherwise enter into attached Change Order Number 4 between the City and Munilla Construction Management, LLC for Aventura Government Center Parking Expansion construction and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $51,207. Section 2 The City Manager is hereby authorized and requested to do all things necessary to carry out the aims of this Resolution. Section 3 That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line item Number 001 - 8090 - 590 -6206. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 Page 2 PASSED AND ADOPTED this 5th day of November, 2013. 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 ag r DATE: October 23, 2013 SUBJECT: Resolution Declaring Equipment Surplus November 5, 2013 Commission Meeting Agenda Item �J� 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. 2013- 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 2 PASSED AND ADOPTED this 5th day of November, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM Eric M. Soroka, City Manager Karen J. Lanke, Information T DATE: October 23, 2013 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached declared surplus property as the equipment no longer meets the needs of spreadsheet questions re g arding this request. the C t C ity. be he Please let me know if you have an Attachment City of Aventura Computer Equipment Inventory L:M,7l,'Tiisl Asset Tag Brand Model Seftal Number Type APC Backup UPS RS 800 1 58073SU23325 UPS APC Backup UPS RS 800 1 580844T24816 UPS APC Smart -UPS 1000VA 1 AS0740321939 UPS APC UPS Battery RBC24 1 Be" Dell 1707FPt 1 CN-0YG613- 71618- 68N -AGXA Monitor Dell 1707FPt 1 CN -0YG613- 71618-68N -ADST Monitor Dell 1707FPt 1 CN -0YG613- 71618- 68N -AGX9 Monitor Dell 1707FPt 1 CN -0YG613- 71618-68N -ADSY Monitor Dell 1707FPt 1 CN-0YG613- 71618-68N AGX3 Monitor 2404 Dell E173FPf I CN- OD5428- 72201 - 514 -9EVS Monitor Dell GX620 1 HRPSW81 DesktDP Dell GX620 1 1 RPSWBI Desktop Dell GX620 1 BQPSW81 Desktop Dell GX620 1 CQPSWB1 Desktop Dell GX620 1 3RPSWBI Deskbpp Dell Latitude D630 1 5CONGHI Laptop Dell Latitude D630 1 DVJOWDI Laptop Dell Latihrde D630 1 8CONGHI Laptop Dell Latitude D630 1 JVJOWDI Laptop Dell Opfiplex 760 1 C2S4WK1 DeskbDP Fargo Direc kD -Card 550 1 A9091335 Printer Fargo DireeMo-Card 550 1 A5480085 Printer HP Des ' 6490 1 MY682BRI66 Printer L356 HP Deskjet 932C 1 MY07F1528K Printer HP Uwqet 5M 1 USKC046485 Printer HP Laseriet 5P I 1 USFB319303 Printf Page 1 of 1 10/232013 CITY OF AVENTURA TO: Eric M. Soroka, m DATE: 30 October 2013 SUBJECT: Surplus Property MEMORANDUM I would like to have the attached 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: Vehicle 1: 2007 Dodge Charger, Silver, VIV # 2133KA43G271-1610706 Vehicle 2: 2008 Ford Focus, black, VIN # 1FAHP35N68W293857 CITY OF AVENTURA POLICE DEPARTNFNT INTER OFFICE NEMORANDUM TO: Eric M. Soroks, City Manager FROM. teinbeng, Chief of Police DATE: 31 October 2013 SUBJECT: Surplus Property I would like to have the attached lied k ns, owned by the City of Aventura, declared Surplus Property as per City of Aventu a APDP, Chapter 6, Subsection 5, Page 1, as these iterns have become inadequate for public purposes: 2007 Ford Crown Victoria VIN # 2FAFP71 WX7X136M CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City/,(anag�r DATE: October 23, 2013 SUBJECT: Resolution Authorizing Execution"of Agreement With the State Attorney for Prosecution of Aventura Code Violators November 5, 2013 City Commission Meeting Agenda ltem__L E RECOMMENDATION It is recommended that the City Commission authorize the execution of an Agreement with the State Attorney's Office for the prosecution of Aventura Code Violations. This is a renewal of the Agreement approved in 2012. BACKGROUND The State Legislature amended Section 27.01 Florida Statutes to provide that the State Attorney shall appear in the courts to prosecute violations of municipal ordinances if the prosecution is ancillary to a state prosecution or if the State Attorney has contracted with the municipality for reimbursement for services rendered. The legislators passed similar laws requiring municipalities to pay for the representation of criminal defendants by the public defender's office. As a result, those cases that a City requests the State Attorney's Office to prosecute will be subject to a charge of $50.00 per hour each to the State Attorney and Public Defender. Attached hereto is the subject Agreement which provides the option to the City to utilize the State Attorney's Office. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1823 -13 AGREEMENT BETWEEN CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CODE This agreement is entered into this day of , 2013, by and between City of Aventura, a political subdivision of the State of Florida (hereinafter referred to as the "City ") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida (hereinafter referred to as "State Attorney "). WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the City's Municipal Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the City for reimbursement. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations of the Municipal Code for the period of October 1, 2013, through September 30, 2014. The State Attorney shall provide such clerical and professional personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violations not punishable by incarceration. This agreement specifically does not authorize the State to handle appeals of municipal ordinances on constitutional grounds, which shall remain the responsibility of the municipality that passed the ordinance. ARTICLE II Terms This agreement shall expire on September 30, 2014, unless terminated earlier pursuant to Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend this agreement beyond this date. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. ARTICLE III Payment Schedule The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the City with an invoice including, but not limited to, the hours of services rendered, number of cases prosecuted as set forth in this agreement, and the total amount due for payment for the previous month. The City shall remit each payment within ten (10) days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in this agreement. ARTICLE V Reporting All required reports shall be submitted to the ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VIII Service Charges This agreement is contingent upon all City funding provided, and any interest earned thereon, not being subject to any State service charges or administrative assessments. ARTICLE IX Non - Discrimination The State Attorney agrees to abide and be governed by Title I1 of the Americans with Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of race, color, sex, religious background, ancestry, or national origin in performance of this contract, in regard to persons served, or in regard to employees or applicants for employment and it is expressly understood that upon receipt of evidence of discrimination, the City shall have the right to terminate said agreement. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: NAME By: POSITION ATTEST By: City Commission C State Attorney's Office Eleventh Judicial Circuit By: Don L. Horn Chief Assistant State Attorney for Administration RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; 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 authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to reimburse the State for the cost of State Attorney prosecution of certain criminal violations of the City of Aventura Code. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 2 PASSED AND ADOPTED this 5th day of November, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGENDA ITEM 6 -F RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING SUPPORT FOR THE WATER AND LAND CONSERVATION AMENDMENT WHICH WOULD DEDICATE FUNDS TO ACQUIRE AND RESTORE FLORIDA CONSERVATION AND RECREATION LANDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, protection of the quality and quantity of Florida's drinking water sources is a primary responsibility of our state; and WHEREAS, the State of Florida is known for beautiful rivers, lakes, streams, spring sheds, wetlands, forests, wildlife habitat and beaches and shores, and these natural assets are central to our quality of life and economic vitality; and WHEREAS, outdoor recreation in Florida represents a $38 billion annual industry, employing 329,000 people, and over 6.4 people annually hunt, fish, or view wildlife in our state; and WHEREAS, restoration of the Florida Everglades is the most comprehensive ecological restoration in the world's history, and impacts the drinking water of a large portion of Florida's residents; and WHEREAS, our state has a longstanding commitment to protection of outdoor recreation lands, including recreational trails, parks, and urban open space; rural landscapes; working farms and ranches; historic and geologic sites; and WHEREAS, for 19 years, with bi- partisan support of every governor and legislature that served from 1990 through 2008, Preservation 2000 and Florida Forever were funded annually at $300 million per year; and WHEREAS, Florida Forever has not received significant, sustained, or predictable funding since 2009; and WHEREAS, Article II Section 7 of the Florida Constitution states, "It shall be the policy of the state to conserve and protect its natural resources and scenic beauty," and yet since 2009 funding for land conservation, management, and restoration, including Florida Forever has been cut drastically; and WHEREAS, Florida Cities and Counties have benefited from state land conservation, management, and restoration programs, including Preservation 2000 and Florida Forever; and WHEREAS, Florida Cities and Counties have benefited directly by receiving grants from state land conservation, management, and restoration programs, including Resolution No. 2013-, Page 2 the Florida Communities Trust, Florida Recreation Development Assistance Grants (FRDAP), the Florida Historic Preservation grants, and the Florida Greenways and Trails program; and WHEREAS, acquisition, management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands requires a sustainable, dedicated source of state funding; and WHEREAS, the documentary stamp tax has been the historic source of state funding for conservation and recreation in Florida; and WHEREAS, the Water and Land Conservation amendment will dedicate less than 1 percent of the budget of the State of Florida to protecting Florida's water and land, without increasing taxes; and WHEREAS, 82 of 100 Florida city and county land conservation ballot measures have been approved since 1988 by voters throughout the state, including almost every major urban county, many by overwhelming margins in excess of 70 percent, and an average of 63 percent. 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 City Commission hereby endorses the Florida Water and Land Conservation Amendment and encourages support of this Amendment by the Florida League of Cities, Florida Association of Counties and other organizations that seek to enhance the quality of life throughout the state of Florida. 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 Enbar Cohen _ Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern _ Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 3 PASSED AND ADOPTED this 5th day of November, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM DATE: October 17, 2013 SUBJECT: Recommended Appointments to the Arts in Public Places Advisory Board November 5, 2013 City Commission Meeting Agenda Item A6 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing three members to the Arts in Public Places Advisory Board. BACKGROUND Ordinance No. 2012 -16 which created the Arts in Public Places Advisory Board states the following: • The Board shall consist of five members, including the Mayor and City Manager and three residents who shall be appointed by the Mayor, subject to the approval of the City Commission. • Individuals wishing to be a member of the Board shall make application to the City Manager on the forms provided by the City. The City Manager shall interview all applicants and make recommendation to the Mayor. The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager, subject to the approval of the City Commission. • In recommending members of the Board, the following guidelines shall be considered: a. The resident membership of the Board should consist of persons who have demonstrated a strong commitment to arts, including painting, photography, sculpture and other art forms. b. Reasonable efforts should be made for the membership of the Board to be representative of a range of comprehensive adult age groups. • The mission of the Board is to assist the City in identifying, selecting and obtaining works of art for display in City owned and / or operated parks, buildings and facilities, in order to further enhance the diverse array of cultural and education opportunities which are available within the City. The Board shall develop proposed protocols and guidelines for achieving that mission, subject to approval by the City Commission. Further, the final decision on the acceptance, placement and display of specific works of art at City owned and / or operated parks, buildings and facilities shall be subject to the approval of the City Commission. PROCESS The City received seventeen (17) applications from many highly qualified individuals. This made the selection process a difficult one. The applicant pool was narrowed down to seven (7) and they were interviewed with the Mayor present. After a careful review of the applicants and in accordance with the goals of the Ordinance establishing the Board, the Mayor is recommending the City Commission appoint the following individuals to the Board: Benjamin Sens Sandi Jo Gordon Marina Wecksler If you have any questions, please feel free to contact me. EMS /act Attachment CCO1822 -13 C7 Awl-k Y�'rr CITY OF AVENTURA ARTS IN PUBLIC p TON FOR LACES ADVISORY g 1, otentiat Aventura resident board members BARD Avenfura for six x strong 6) months immed�atel must be registered voters w g commitment to the arts, including poor to an aRporntment to the Boardave resided in g painting, photo ra Applicants mutst Crty of Name Of A 9 Phy, sculpture and other art tocrrrs, have a pplicant: � Gam, Y) Address: }� (Please Print.) Horne .Phone.. �1 `���'S E ' b m i al Address: Business Name.- Business Address: 3G c Occupation: Bu iness Phone: Lt� 3 Qualifications: Fax:C� •1�c (Briefly descri be the pecific C expertise and/or abilities You can contribute as a member of this B oard_) Please attach a resume aloe. With our a lication. 1 understand that in accordance with th Law, this info e State of Florida Goy for olvnta rmation maYbe made eminent in the voluntary. uncompensated Public' !understand that all board Sunshine State ofFlorida Services and / will be subject to the re financial Disclosure aPPorntments are Requirements_ quirements of the Si re , plit:ant Date �� ; 3 Fax, Mail or F-Mail completed a Office of the Ci PPlicaiion 8 resume to: 1920q Government centerger West Coun 91,ub Drive, ,Aventura (306) 466 -8910 (305 466- ' FL '33180 sorokae ci � 8999. fax The Ordinance ofaventura,00m Establishing the Arts in Public Places city°s Web site at Ady�S °ry Board is available for review on �^�w- oFauentura.corn the L bi 11� LA.111111 � � V �. 11 LI 2775 N:E. 1871k Street Apt. 716 ♦ Aventura, FL (954)648 -9883 ♦ bjscns @gmail.com Qualifications F.xpensenced m identifying and evaluating disciplines of urban design, environmental art, sculptures of the built urban environment, and cultural opportunities. Served on the Fort Lauderdale Campus Advisory Board for FAU's College of Architecture, Urban and Public Affairs. Assisted in the development of the Second Avenue Arts Studio expo gallery raising awareness for die asc for art in public spaces and developing educational programs. Assisted with the City of Tampa's A13yors Beautification project focusing on the selection of public artwork alternatives within the.City's parks and community facilities. Professional Experience BENJAMIN J. SENS P:A. — Fort 7auderdale, FL Real Estate Consultant, October 2012 — present CALVIN, GIORDANO AND ASSOCIATES — Weston FL IyermitZoordinatot, October 2009 - April 2012 Ea3tu�rEi�rsi FLORIDA ATLANTIC UNIVERSITY —'Fort Lauderdale FT_ Mastef of W&za Design and Regional Planning, 2009 College of Architecture, Urban and Public Affairs UNIVERSITY GF SOUTH FLORIDA —Tampa, FL Bachelm of AAe ip Political Science, 2006 Majm Studies: Urban Studies and Educational Community Initiatives FLORIDA STATE UNIVERSITY — Tallahassec,FL Q;oI of 1 w. a Undergraduate Coursework Certificate, 2005 GEORGE WASFENGTON UNIVERSITY — Washington; DC CapitaG Civics.1nitiatives Scholar, 2002 Certificate in Public Leadership, Values and Initiatives References MR. HAROLD ROSEN Rosen, Switkes & Entin P-L. (305) 534 -4757 MR. DAVID GELLER Geller I aw Group (954) $65 -9239 MAYOR SHIRLEY GIBSON City of Mi= Gardens (305) 652 -9524 pIt/0 XR MARINA WECKSLER Address: 3640 Yacht Club Dr., # 1404. Aventura, FL 33180, USA Email: marinaweckslera @gmail.com Telephone: 786 348 4136 Education 2008 Central University of Venezuela Master's Degree in Museum Studies Caracas, Venezuela With honors 1987 Continuing Education Central University of Venezuela Degree in Architecture Caracas, Venezuela 2000- 2002 Arts Management Programs Lectures by faculty members of different cultural institutions from abroad Caracas; Venezuela 1991 University of Barcelona Doctorate Program in Fine Arts (Unfinished) Barcelona, Spain Professional Experience Since 2011 International Art Ventures Miami, USA Director Created to fulfill the highest needs of public, corporate and private art collections, art museums and cultural institutions, art galleries and artists, IAV provides specialized services such as consultancy, art collections management, production and logistics of exhibitions and publications, among others. Since 2009 Wecksler Publishing Caracas, Miami Publisher and Director The main goal of the company is to publish art books, starting with two collections: one of monographic editions about Contemporary Artists, their life and work, and another of thematic editions about updated and /or controversial subjects related with Contemporary Art. 2007 -2008 Arte al Dia International Caracas, New York Executive Editor Select, edit, coordinate and plan medium and long term all contents of the magazine. 2007 Art Nexus Bogota, Colombia Executive Editor of ArtNexus.com Design and business plan for a news section on the web page ArtNexus.com, not implemented. 2003 - 2006 Arte al Dia International Caracas, Venezuela Director in Venezuela Representative in Venezuela of this prestigious international magazine of contemporary Latin American Art, responsible for the Venezuelan editorial material in the magazine and in charge of direction of the newspaper Arte al Dia News Venezuela since its first edition 1998- 2002 Gonzalo Benaim Pinto Cultural Center Caracas, Venezuela Founder and Executive Director Three schools were developed: Visual Arts, Music and Theater, besides an intensive annual programming of cultural activities such as recitals, exhibitions and theater plays 1999— 2002 Morris E. Curiel Sephardic Museum of Caracas Caracas, Venezuela Member of the Board of Directors 1998— 1999 Artist Book 'The Journey...' A traveling exhibition Caracas, Venezuela Curator and General Coordinator 18 outstanding Latin - American contemporary visual artists, and 18 renowned Latin - American writers and poets took part. It was exhibited in major museums in Latin American countries 1997— 1999 Morris E. Curiel Sephardic Museum of Caracas Caracas, Venezuela Member of the Organizing Commission 1996 Kaj Forsblom Gallery Caracas, Venezuela Executive Director Management and coordination of the exhibition program of the gallery 1994— 1996 MW Art International, Inc. President Miami, USA The company dealt primarily with monumental sculptures projects contests and proposals for public and private spaces Since 1992 Private and Public Collections Caracas, Venezuela Independent Curator and Art Consultant Specialist in Venezuelan and Latin- American Contemporary Art 1992— 1994 Art Show: 'Un Marco por la Tierra' Caracas, Venezuela General Manager A traveling exhibition of art proposals on the ecological subject, in which 72 Latin - American contemporary artists took part 1991— 1994 Artespacio C.A. Caracas, Venezuela President Private and Corporate Art Consultation and dealership 1989- 1990 Arquin, S.R.L. Interior Design Architects Caracas, Venezuela Architect Art integrated to architecture. In charge of artist selection and integration of their work in buildings, houses and other projects 1988- 1989 'Centro de Arte Contempor6neo de Caracas' Caracas, Venezuela Art Associate Multiple responsibilities including artist selection and graphic editions coordination 1987- 1988 Michel Benko Oficina de Arquitectura Caracas, Venezuela Architect Architectural Design Publications 2011 Gerardo Goldwasser. Blanco m6vil (Gerardo Goldwasser. White target). Centro Cultural DODECA. Uruguay, Montevideo. September 2011 El Pais Arte (digital newspaper) from Museo Virtual de Artes, MUVA 2007 Eugenio Espinoza expone en Miami. La Consagraci6n de la Primavera y Tres Perspectivas. Artistas Ganadores del Programa de Comisiones CIFO 2007 (Eugenio Espinoza latest exhibitions in Miami. The Rite of Spring and Three Perspectives). Published in El Papel Literario of El Naciona/ on March 17, 2007, Venezuela, P6g. 6 -7 2006 Pasi6n y raz6n de un espiritu constructivo (Passion and Reason of a Constructive Spirit). Arte al Dia International mag6zine, Issue 115, August - September 2006, P6g 52 -57 Other Artistic Interests & Training 1992- 1993 Sculpture. 'Art Institute Federico Brandt' Caracas, Venezuela 1975- 1980 Piano, Guitar. 'Juan Manuel Olivares Conservatory' Caracas, Venezuela Volunteer Activities Computer Skills Other 'FUNDANA': Fundaci6n de Amigos del Nino que amerita protecci6n (Organization that take care of abandoned and abused children) MS Word - MS Excel - MS Power Point - Internet Languages: English, Spanish and French Dual nationality: Venezuelan and French 06/25/2013 10: 07PM 305931251 Q GORDN PAGE 02/03 CITY OF AVENTURA APPLICATION FOR ARTS IN PUBLIC PLACES ADVISORY BOARD _ 14( Cary qr<< Potential Aventura resident board members must be registered voters who have reslded in the City of Aventura for six (6) months immediately prior to an appointment to the Board. Applicants must have a strong commitment to the arts, including painting, photography, sculpture and other art forms. Name of Applicant: (Please � Print) �/ Address: aI ��V 7 T�,� f Home Phone: FOS— ,��8 Email Address-, :5 nxn A ell 50L� ,, ,R�-�- Business Name: Occupafion:,4?�7 5 � -7-E, Business Address: Phone .,Fax: Qualifications: �_t L Cn Arcd rS -5 0e, 4 A _ {Briefly de§cribe the specific expertise and/or abilities you can contribute as a member of is Board.) -2L ez- Please attach a resume along with your application. I understand that in accordance with the State of Florida Govemment in the Sunshine Law, this information may be made public. 1 understand that all board appointments are for voluntary, uncompensated services and l will be subject to the requirements of the State of Florida Financial Disclosure Requirements. Signature of ppli nt Da Fax, Mail or E-Mail completed application & resume to: Office of the City Manager Government Center 19200 West Country Club Drive, Aventurs, FI. 33180 (306) 406 -0910 (306) 456$919 fax sorokaefcitvofaventu m.com The Ordinance Establishing the Arts in Public Places Advlsory Board Is available for review on the City's web site at www.cityofaventura.com 06/25/2013 10:07PM 3059312519 GORDN PAGE 03/03 Sandi Jo Cordon 2600 ,IsCand BCva, #402 Aventura, FL 3316o 305-469-2,145 RESUW Education Moore College of Ark, Philadelphia, BFA, June 1966 Fine Arts Miami -Dade Art in public Places, Trustee 1995- present, Vice Chair 2003 - present College of Architecture + the Arts, FIU, Member Advisory Board, 2011 -2013 Co- founded not - for - profit Friends of Public Art, 1996 Conducted workshops and lectures on art, printmaking, papermaking, and various crafts, 1968- present Conducted public art tours in Miami-Dade, Broward, Palm Beach and New York City, 1968- present MACH I (Miami Art Center Helpers), Board Member, 1976 -1986 Miami International Print Biennial, Coral Gables, Director, 1979 -1982 Metropolitan Museum and Art Center, Coral Gables, Honorary Curator of Prints, 1982 -1986 Solo traveling exhibition of educational Holocaust paintings through non -profit Tikvah Project, 1993 -1998 Gordon Craig Gallery, Miami, owner, 1967 -1977 Current supporting memberships: Frost Art Museum, FIU, Miami; Museum of Contemporary Art, North Miami; Miami Art Museum; Jaffe Center for Book Arts, FAU, Boca Raton; CIA (Citizens %Wrested in Arts); Barnes Foundation, Phila; Nat'l Museum of Women in the Arts, Washington, DC Collector Specializing in Latin, ,American, works on paper, original graphics, artists' books, video art Professional Gorson Design Group, Vice President 1983 -2003, President 2003- present Osher Lifelong Learning Institute at Florida Iztternational University, Consultant Instructor, 2007 -2009 Conducted workshops, lectures and panels on interior design basics and recycling, 2006 - present American Society of Interior Designers, Professional Member, 1987- present National Council for Interior Design Qualification, Certified October 1986 A.WC Journal, Seoul, Korea, Art Director, 1973 -1974 Personal Born -- January 10, 1944, Philadelphia Married — Mark W. Gordon, MD; two daughters Resident of Miami -Dade County, 1967 -1969, 1975- present Resident of Aventura, 2009 - present CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City nag r DATE: August 2, 2012 SUBJECT: Ordinance Establishing Arts in Public Places Advisory Board 1St Reading September 4, 2012 City Commission Meeting Agenda Item 7 -C 2"d Reading October 2, 2012 City Commission Meeting Agenda Item ?-C, Attached hereto, please find the subject Ordinance which contains the amendments discussed at the July Workshop Meeting. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1781 -12 ORDINANCE NO. 2012-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA CREATING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE OF THE CITY OF AVENTURA, FLORIDA ; ESTABLISHING ADVISORY BOARD AND PROVIDING FOR ITS DUTIES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission desires to create an advisory board to assist the City in facilitating the placement of works of art at City owned and/ or operated parks, buildings and facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. City Code Amended . That Division 6 "Art in Public Places Advisory Board" of Article 3 " Advisory Boards" of Chapter 2 " Administration" of the City Code, is hereby created, to read, as follows: DIVISION 6. - ARTS IN PUBLIC PLACES ADVISORY BOARD Sec. 2 -201. - Creation, composition and qualifications A. There is hereby created and established the City of Aventura Art in Public Places Advisory Board (the "Board ") consisting of five (5) members, including the Mayor, City Manager, who shall both serve by virtue of their office, and three (3) residents of the City who shall be appointed by the Mayor, subject to the approval of the City Commission. The resident members of the Board shall be appointed in accordance with procedures established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve on the Board without compensation and shall not be reimbursed for travel, mileage, or per diem expenses as to Board service. The resident members shall serve for a two -year term and may be reappointed in accordance with the process outlined herein. B. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission in accordance with procedures established herein. C. In the event that a member of the Board shall be absent and unexcused from a duly - called meeting of the Board for three consecutive meetings, then, in that event, such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. Page 1 of 4 D. The City Manager or his designee shall provide or designate necessary staff support for the Board. Sec. 2 -202. — Process of Appointment of Board Members. A. Individuals wishing to be a member of the Board shall make application to the City Manager on the forms provided by the City. The City Manager shall interview all applicants and make recommendation to the Mayor. The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager, subject to the approval of the City Commission. B. In recommending members of the Board, the following guidelines shall be considered: (i) The resident membership of the Board should consist of persons who have demonstrated a strong commitment to arts, including painting, photography, sculpture and other art forms. (ii) Reasonable efforts should be made for the membership of the Board to be representative of a range of comprehensive adult age groups. Sec. 2 -203. - Advisory capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Manager and Mayor and City Commission. The City Manager, by virtue of his office as City Manager, shall be responsible for communicating to the City Commission the actions of the Board. Sec. 2 -204. - Rules of procedure; quorum. A. The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. B. The Mayor shall serve as the Chairperson and the City Manager shall serve as the Vice - Chairperson. C. Three (3) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least three (3) affirmative votes shall be required for official action. Sec. 2 -205. - Mission; jurisdiction and duties. A. The mission of the Board is to assist the City in identifying, selecting and obtaining works of art for display in City owned and/ or operated parks, buildings and facilities, in order to further enhance the diverse array of cultural and educational opportunities which are available within the City. The Board shall develop proposed protocols and guidelines for achieving that mission, subject to approval by the City Commission. Further, the final decision on the acceptance, placement and display of specific works of art at City owned and/ or operated parks, buildings and facilities shall be subject to the approval of the City Commission. B. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and Mayor, who shall confer as to the presentation of the recommendation of the Board to the City Commission. C. The Board shall meet as needed as determined by the City Manager. Page 2 of 4 Sec. 2 -206. - Standards of conduct for members. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees, as set by Federal, State, County, City or other applicable law pursuant to City Charter Section 7.03 and must file the appropriate financial disclosure forms. Section 2. Severability. That 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 3. Inclusion in the Code. That 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 4. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Diamond, who moved its adoption on first reading. This motion was seconded by Commissioner Weinberg. and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg absent Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond _ Commissioner Billy Joel Commissioner Michael Stern _ Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg _ Mayor Susan Gottlieb Page 3 of 4 PASSED AND ADOPTED on first reading this 4`h day of September, 2012. PASSED AND ADOPTED on second reading this 2nd day of October, 2012. ATTEST: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney Susan Gottlieb, Mayor Page 4 of 4 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS IN PUBLIC PLACES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2 -201 of the Aventura City Code provides for the creation of the Arts in Public Places Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Arts in Public Places Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Arts in Public Places Advisory Board for a term of two years: Benjamin Sens Sandi Jo Gordon Marina Wecksler Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 2 PASSED AND ADOPTED this 5th day of November, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City qag DATE: October 28, 2013 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the City of Miami November 5, 2013 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Miami. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. Joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes and strikes. 3. Any natural, technological or manmade disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from, or disturbances within, prisoner process facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Incidents requiring utilization for specialized units; e.g., underwater recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and police information. 14. Emergency situations in which one agency cannot perform its functional objective. 15. Joint training in areas of mutual need. 16. Joint multi - jurisdictional marine interdiction operations. 17. Off -duty special events. 18. DUI Checkpoints. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1824 -13 COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE CITY OF AVENTURA, FLORIDA This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement is made as of this day of 12013, by and between the CITY OF MIAMI, FLORIDA, a Florida municipal corporation, having its principal office at 3500 Pan American Drive, Miami, Florida 33133, and the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation having its principal office at 19200 West Country Club Drive, Aventura, Florida 33180, and states as follows: WHEREAS, it is the responsibility of the governments of the City of Miami, Florida, and City of Aventura, Florida to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man -made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the City of Miami Police Department or the City of Aventura Police Department; and WHEREAS, it is in the best interest and advantage of the City of Miami and City of Aventura to receive and extend mutual aid to each other in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi - jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations including, but not limited to, natural or manmade disasters or emergencies as defined under Section 252.34, Florida Statutes; and 1 (3) Joint provision of certain law enforcement services specified herein and allowed pursuant to Florida Statute 166.0495; and WHEREAS, the City of Miami and the City of Aventura have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a combined mutual aid agreement for law enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of assistance in a law enforcement emergency. NOW, THEREFORE, BE IT KNOWN, that the City of Miami, a political subdivision of the State of Florida, and the City of Aventura, a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions. SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may provide voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be rendered shall include but not be limited to: a. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the City of Miami and the City of Aventura for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for example, to or from court, or at any time when the officer is within the territorial limits of his or her jurisdiction. 2 b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the City of Miami and the City of Aventura for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arresting officer. C. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of the City of Miami and the City of Aventura for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors and boating infractions. d. Participating in exigent situations, without the need for a formal request, including, but not limited to, area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners, traffic stops near municipal boundaries, requests for assistance when no available local units are nearby, calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the City of Miami and the City of Aventura for investigations of homicides, sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida Statutes, and inter - agency task forces and /or joint investigations. Prior to any officer taking enforcement action pursuant to paragraphs (a) through (e) above, the officer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. If the agency having normal jurisdiction responds to the scene the assisting agency's officer may turn the situation over to them and offer any assistance requested including, but not limited to, a follow -up written report documenting the event and the actions taken. i These provisions are not intended to grant general authority to conduct investigations, serve warrants and /or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life- threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to dealing with, the following: 1. Joint multi - jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural, technological or manmade disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from, or disturbances within, prisoner processing facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 2 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Incidents requiring utilization of specialized units; e.g., underwater recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted, SWAT, bomb, crime scene and police information. 14. Emergency situations in which one agency cannot perform its functional objective. 15. Joint training in areas of mutual need. 16. Joint multi - jurisdictional marine interdiction operations. 17. Off -duty special events. 18. DUI Checkpoints. SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE 1. Mutual aid requested or rendered will be approved by the Chief of Police, or designee. The Chief of Police, or designee, of the agency whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his /her supervisors, if necessary, and will respond in a manner he /she deems appropriate. 2. The Chief of Police in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his /her jurisdiction, for how long such assistance is authorized, and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. 3. Specific reporting instructions for personnel rendering mutual aid will be included in the request for mutual aid. In the absence of such reporting instructions, personnel will report to the ranking on -duty supervisor on the scene. 4. Communications instructions should be included in each request for mutual aid and each agency's communications centers will maintain radio contact with each other until the mutual aid situation has ended. 5. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures of the requesting agency or Chief of Police involved. 5 SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY a. COMMAND: The personnel and equipment that are assigned by the assisting Chief of Police shall be under the immediate command of a supervising officer designated by the assisting Chief of Police. Such supervising officer shall be under the direct supervision and command of the Chief of Police or his /her designee of the agency requesting assistance. b. CONFLICTS: Whenever an officer is rendering assistance pursuant to this agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his /her own employer. If any such rule, regulation, personnel policy, general order or standing operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. C. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the Chief of Police or his /her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a minimum: 1. The identity of the complainant; 2. An address where the complaining party can be contacted; 3. The specific allegation; and 4. The identity of the employees accused without regard as to agency affiliation. 0 If it is determined during the investigation of a complaint that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and /or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of the City of Miami and the City of Aventura when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this State, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment, resources and facilities and to render services to each other party to this agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. The political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d. The political subdivision furnishing aid pursuant to this agreement shall compensate its employees during the time of the rendering of aid and shall defray (provide for the payment of) the actual travel and maintenance expenses of its employees 7 while they are rendering aid, including any amounts paid or due for compensation for personal injury or death while its employees are rendering aid. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this mutual aid agreement. This section applies to paid, volunteer, reserve and auxiliary employees. f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION VII: FORFEITURES a. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. b. All proceeds from forfeited property seized as a result of or in accordance with this agreement shall be divided equally between the parties, less the costs associated with the forfeiture action. SECTION VIII: INSURANCE Each political subdivision shall provide, upon request, satisfactory proof of liability insurance by one or more of the means specified in Section 768.28, Florida Statutes, in an amount which is, in the judgment of the governing body of that political subdivision, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of the notice or actual knowledge of such change. SECTION IX: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until November 12, 2018. Under no circumstances may this agreement be renewed, amended or extended except in writing. SECTION X: CANCELLATION Either party may cancel its participation in this agreement upon delivery of written notice to the other political subdivision. Cancellation will be at the discretion of any political subdivision to this mutual aid agreement. IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the date first written above. AGREED AND ACKNOWLEDGED this day of , 2013. M ERIC M. SOROKA City Manager City of Aventura Date: ATTEST: TERESA M. SOROKA City Clerk City of Aventura APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Firm of Weiss, Scrota, Helfman, et al City Attorneys STEVE STEINBERG Chief of Police City of Aventura 10 JOHNNY MARTINEZ City Manager City of Miami Date: ATTEST: TODD B. HANNON City Clerk City of Miami APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VICTORIA MENDEZ City Attorney Manuel Orosa Chief of Police City of Miami APPROVED AS TO INSURANCE REQUIREMENTS: CALVIN ELLIS Risk Management Director City of Miami, Florida RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Miami for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 2 PASSED AND ADOPTED this 5th day of November, 2013. 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 Wnag DATE: October 29, 2013 SUBJECT: Resolution Authorizing Exec ution""emorandum of Understanding (MOU) with FIU to Provide Lifelong Learning Programs to Aventura Residents November 5, 2013 City Commission Meeting Agenda Item �� RECOMMENDATION Based on the benefits of providing additional opportunities for all residents to participate in Lifelong Learning Programs, it is recommended that the City Commission authorize the City Administration to execute the Memorandum of Understanding (MOU) with FIU. BACKGROUND Florida International University (FIU), through its Osher Lifelong Learning Institute (OLLI), provides many programs for adults 50 and over who wish to enrich their lives. The non - credit Osher programs exist at many campuses nationwide and focus on enrichment courses in literature, art and music, current events, languages and personal growth. FIU currently provides classes in the City to our residents at a local hotel. Recently, FIU approached the City about the possibility of expanding the program and collaborating with the City. This concept is a perfect fit to the programming currently provided at the Community Recreation Center and would expand lifelong learning opportunities to our community. We have been meeting with staff at FIU to develop a Memorandum of Understanding (MOU) that would develop the partnership for providing OLLI program at City facilities. The major points of the MOU are as follows: The programs will commence in January 2014 at the Aventura Community Recreation Center. Two classes are scheduled for this winter. See attached exhibit for overall of the classes. 2. The City will handle the class registration and has the right to approve the assigned faculty. 3. The course fees to be charged to students will be determined by the City after consultation with the OLLI Director. 4. The courses / curriculum selection will be agreed to by the City and OLLI based on input from the community. 5. The City will retain an administrative fee to cover our costs and memberships for the Community Recreation Center. 6. The City will pay FIU a flat fee per course regardless of the number of students enrolled in each class to cover the administrative course fees (i.e., namely the faculty fees). 7. The City and OLLI will cross market the courses on our websites and printed collateral. 8. OLLI will employ the faculty to deliver the programs and provide textbooks. If you have any questions, please feel free to contact me. EMS /act CCO1825 -13 Class Overview The Greatest Stories Ever Sold Dr. Caren Neile FIU Fee: $2,500.00 It has been said that the ability to create and appreciate stories is what makes us human. Come enjoy performances by storyteller and university instructor Caren Neile and engage in discussions of her unique interpretations of some of the world's greatest stories, from Shakespeare (The Taming of the Shrew), opera (Carmen), literature (stories of Guy DeMauppasant) and folklore (various). In addition to performing, Dr. Neile will also show story- related video and discuss the qualities of effective storytelling, whether in writing, on television or around the kitchen table. What makes a great story? What is the rule of three? How do writers use foreshadowing and framing to their advantage? What is the DNA of a story? Whether you wish to write, enhance your enjoyment of the writing of others, or simply be mesmerized by performance, this class and these stories will remain in your mind for years to come. How Many "Trials of the Century" Can One Century Have? Dr. Kurt F. Stone FIU Fee: $3,000.00 Seems like every couple of years, we become obsessed with what is generally called "The Trial of the Century." But, how many "trials of the century" can one century have? The answer is "lots and lots." This course will cover six great trials, all of which share the distinction of having been memorialized in novels, plays and even motion pictures: The trials we will review and discuss are: Leopold and Loeb (Rope and Compulsion); Sacco and Vanzetti (Sacco e Vanzetti); The Scopes "Monkey" Trial (Inherit the Wind); Adolph Eichmann (The Man in the Glass Booth); Leo Frank (They Won't Forget); and The Thaw -White Nesbitt Trial (The Girl in the Red Velvet Swing Ragtime). RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES TO PROVIDE LIFELONG LEARNING PROGRAMS TO AVENTURA RESIDENTS; 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 authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and the Florida International University Board of Trustees to provide Lifelong Learning Programs to Aventura residents. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013-, Page 2 PASSED AND ADOPTED this 5t" day of November, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY FLORIDA' r INTERNATIONAL, FIUI UNIVERSITY OSHER LIFELONG LEARNING INSTITUTE Memorandum of Understanding Between City of Aventura and The Florida International University Board of Trustees For the Benefit of The Osher Lifelong Learning Institute (OLLI) November 2013 Memorandum of Understanding The City of Aventura (CITY) and The Florida International University Board of Trustees for the benefit of The Osher Lifelong Learning Institute (OLLI) I. Purpose of this Memorandum: For the City of Aventura (CITY) and the Osher Lifelong Learning Institute (OLLI) at Florida International University to become working partners in delivering OLLI programs to the residents of the CITY in accordance with the exacting standards of the CITY. II. The Parties: This memorandum will serve as an agreement between the CITY and The Florida International University Board of Trustees (FIU) on behalf of the OLLI, hereinafter the "Parties ". III. Term: The OLLI programs shall commence on the 6th day of January 2014 and shall continue for an initial term of one (1) year. Thereafter, this Agreement shall be automatically renewed for consecutive one (1) year terms. The series will continue until the Parties agree to terminate this Agreement. Either party may terminate this Agreement for cause or for convenience by providing 60 days advanced written notice to the other party. IV. Responsibilities of the CITY: 1. Make available proper CITY venue for selected programs. • Courses will be held at the Aventura Community Recreation Center. 2. Provide facility and technical support for selected courses. 3. Schedule course calendars: • Scheduling of course dates and registration will be handled by the City's Community Services Department Director or designee. The Parties shall jointly coordinate class locations and schedules for the mutual benefit of each other. OLLI Director will provide faculty /speakers and their available teaching schedules. The City's Community Services Director or designee will provide the OLLI Director with dates, times and class locations that are available for the classes. 4. Provide registration, billing and payment processes in accordance with agreed upon financial arrangement and FIU requirements for student data. S. Right of approval for assigned faculty prior to any course being scheduled. 6. Handle all required administrative support and address client /student relations. Page 2 of 5 7. CITY agrees not to interfere with the business relationship between OLLI faculty and OLLI at FIU. 8. Marketing /Cross- Marketing of OLLI courses at CITY and FIU on websites and printing collateral. 9. City will pay FIU a flat fee per course as follows regardless of the number of students enrolled in each class: • One six - session course entitled: The Greatest Stories Ever Sold (Fee: $2,500). • One six session course entitled: How many trials of the Century can One Century Have? (Fee: $3,000). 10. The course fees to be charged to the students will be determined by the CITY in consultation with the OLLI Director. Course fees may be adjusted in subsequent terms when agreed upon by the CITY and the OLLI Director in writing under the general terms of this Agreement without requiring a separate Agreement for each course term. V. Responsibilities of the OLLI: 1. Program /Curriculum selection: • One six - session course entitled: The Greatest Stories Ever Sold (January 6, 2014 - February 24, 2014). • One six session course entitled: How many trials of the Century can One Century Have? (January 7, 2014 - February 11, 2014). 2. Future course offerings will be covered under the general terms of this Agreement without requiring a separate Agreement for each course term. Employ faculty to deliver the programs. • An OLLI faculty member will administer /conduct the course in person. 3. Negotiate all faculty salary and related expense from the FIU fees. 4. Marketing /Cross- Marketing of OLLI courses at CITY and FIU on FIU website and printed collateral. S. Provide textbooks or make them available for a fee to the students when required. VI. Notices Any notice which may or is required to be given pursuant to this Agreement shall be in writing and shall be sufficiently given or made if delivered by facsimile, by overnight courier or by certified or registered mail, return receipt requested, and shall be effective (a) upon receipt if delivered personally; (b) on the business day the notice is received by facsimile; (c) one business day after being sent by Page 3 of 5 overnight courier; and (d) three business days after being deposited in the United States mail, postage prepaid. Such communications shall be addressed and directed to the parties listed below at the address listed on page 5 or to such other address or to the attention of such other persons as any party may from time to time advise to the other party by notice in writing as provided for herein. For FIU: Osher Lifelong Learning Institute 3000 NE 151St Street, ACII -130 North Miami, Florida 33181 Attn: Clara Barman For CITY: City of Aventura 19200 W. Country Club Drive Aventura, Florida 33180 Attn: Eric M. Soroka, City Manager VII. Additional Terms: 1. The intellectual property of each party remains that party's property. No rights or title of any kind are transferred by this memorandum or by mutually delivering the defined services. 2. Neither party shall use the seals, logos or trademarks of the other party except as approved in writing. 3. CITY agrees not to hire any OLLI faculty for the purpose of performing teaching services for a period of two (2) years after the termination of the relationship with OLLI. This may be waived at the sole discretion of OLLI at FIU and such waiver shall be in writing. 4. Each party agrees to be fully responsible for its own acts of negligence or its authorized officers, employees, and agents' own acts of negligence when acting in the course and scope of their involvement in this program pursuant to this Memorandum of Understanding. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. S. Venue for any cause of action arising under this Agreement will be the state courts of Miami -Dade County. The parties waive any right to trial by jury concerning any litigation between the parties which arises out of this Agreement. The parties agree to good faith efforts to resolve any disputes through mediation and, if necessary, non- binding arbitration prior to the filing of any said cause of action in any court. 6. Either party may terminate the relationship due to low enrollment by providing 14 days advanced written notice to the other party. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 4 of 5 THE CITY OF AVENTURA Eric M. Soroka City Manager Date: Reviewed for Legal Sufficiency: City Attorney Date THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES Elizabeth M. Bejar Vice Provost, Academic Affairs Date: julissa Castellanos Director of Operations, Office of the Vice Provost, Biscayne Bay Campus Date: Reviewed for Legal Sufficiency: Isis Carbajal de Garcia Date: Page 5 of 5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ana er DATE: October 29, 2013 SUBJECT: Resolution Confirming ACES' Utilization of the Miami -Dade County Public Schools Evaluation System November 5, 2013 City Commission Meeting Agenda Item —(OIT RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution confirming Aventura City of Excellence School's (ACES) utilization of the Miami -Dade County Public School Evaluation System. BACKGROUND A requirement of the Student Success Act, also known as SB 736, is that public schools, including charters, adopt evaluation systems for instructional and administrative staff that differentiate among four levels: highly effective, effective, needs improvement and unsatisfactory. For over two years now, ACES has been utilizing the Miami -Dade County School District's personnel evaluation systems for teachers and administrators. This option was discussed with the City Commission when we reviewed the "Race to the Top" program in 2011. At this time, the Office of Charter School Support of the Miami -Dade County School District is requesting that charter schools provide a Resolution of the Governing Board confirming the specific evaluation system to be utilized to conform to SB 736. The attached Resolution was prepared to continue ACES' utilization of the District's evaluation system. If you have any questions, please feel free to contact me. EMS /act Attachment CC01826 -13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD OF THE AVENTURA CITY OF EXCELLENCE SCHOOL, CONFIRMING THE UTILIZATION OF THE MIAMI -DADE COUNTY SCHOOL BOARD'S EVALUATION SYSTEM FOR INSTRUCTIONAL AND ADMINISTRATIVE PERSONNEL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS; 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. Acting in its capacity as the Governing Board of the Aventura City of Excellence School, the City Commission confirms the utilization of the Miami -Dade County School Board's Evaluation System for Instructional and Administrative Personnel. Section 2. The City Manager is authorized to execute the necessary documents and 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 2 PASSED AND ADOPTED this 5th day of November, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Miami -Dade County Public Schools 2013 -2014 Charter School Teacher /Administrator Evaluation System Declaration Form Please complete the information requested below and submit this completed declaration form to the Office of Charter School Support no later than Friday, November 15, 2013. Name of Charter Aventura City of Excellence School Location Number: 0950 Principal/Director. Julie R. Alm Pdrici al Management Affiliation (if applicable): Charter Schools USA Please select ONE option below. ❑ OPTION #1— THE LEADERSHIP AND LEARNING CENTER APPROVED TEACHER/ADMINISTRATOR EVALUATION SYSTEM(S) Option #1 requires attachment and/or submission of all documents listed below: • A Letter of Attestation from The Leadership and Leaming Center stating that the Center endorsed the use of your school's evaluation system(s). • A Governing Board Resolution stating that your school's board has adopted the evaluation system(s) OR governing board minutes indicating approval of the evaluation system(s) application by the school. • A copy of both the teacher and principal evaluation systems. X❑ OPTION #2 — M -DCPS TEACHER/ADMINISTRATOR EVALUATION SYSTEM(S) Option #2 requires the selection of the District evaluation system(s) listed below that will be implemented in your school. X❑ Instructional Performance Evaluation and Growth Systems (IPEGS) (Teachers, Student Services, Instructional Support) X❑ School -site Managerial Evaluation Performance System (MEP) (Principal and Assistant Principal) 1. — /0 ' Print) Date ,e Date Board Chair (Please Print) Date Governing Board Chair Signature Date CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager BY: Brian K. Raducci, Finance Director DATE: October 31, 2013 SUBJECT: End of Year Budget Amending Ordinance — FY 2012/13 1St Reading November 5, 2013 City Commission Meeting Agenda Item 2 "d Reading January 7, 2014 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2012/13 budget. This budget amendment is expected to have little to no impact on the FY 2012113 overall budget or the carryover utilized in the preparing the FY 2013114 budget. BACKGROUND As you are aware, the Finance Department is preparing the City's official books and records for the upcoming FY 2012/13 year -end audit. Now that most of our year -end adjustments have been posted, we have the necessary information to formally amend the FY 2012/13 budget. This "clean up" amendment is a normal part of our year -end fiscal operations and is prepared to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of our actual expenditures. This Ordinance will appear on the November 2013 and January 2014 agendas to comply with, Section 166.241 (4) of the Florida Statutes. Although this section requires all budget amendments be made "within up to 60 days following the end of the fiscal year," we will be unable to have the ordinance on second reading until January 2014 as there is no December meeting. This process is consistent with the City's past practice as the Ordinance will appear on first reading prior to the November 29, 2013 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In all cases, we will only amend the specific expenditure accounts that are primarily responsible for the amendment and in some cases, associated revenues may be increased to justify the overage in expenditures. Listed below is a summary of the amendments for the City's General Fund, by department and the circumstances that support each recommendation. General Fund — (001) — ($994,382 net increase) Legal (0601) — ($85, 000 increase) 3120 — Prof. Services - Legal Requires an $85,000 budget amendment due to higher than anticipated Legal fees primarily related to the Red Light Camera Intersection Safety Program and ongoing Williams Island POA litigation. This overage will be offset by $85,000 in additional Unified Communications Tax revenue (3149000). Public Safety (2001) — ($350, 000 increase) 3190 — Prof. Services — Traffic Safety Program Requires a budget amendment primarily due a projected overage of approximately $350,000 in Intersection Safety Camera Program processing costs due to higher than anticipated activity experienced during the year. This overage will be offset by $350,000 in additional Intersection Safety Camera Program revenue (3542000). Community Development (4001) — ($267,000 increase) 3101 — Building Inspection Services Requires a budget amendment primarily due to a projected overage of approximately $267,000 in Building Inspection Services due to the following: ✓ higher than anticipated activity experienced during the year which will be offset by $88,000 in additional Building Permit revenue (3221000) ✓ it appears that this account was inadvertently budgeted at only 55% of Building Permit revenue (3221000) instead of the 70% that we normally use. This likely occurred towards the end of the budget process when certain assumptions may have been revised as better information became available. It appears that we may have revised our preliminary budgeted Building Permit revenue (3221000) account without making the corresponding change to the 3101 — Building Inspection Services expenditure account. The $179,000 true up to the expenditure that is now required will be offset by $179,000 in additional Half Cent Sales Tax revenue (3351800). Community Services (5001) — ($98.000 increase) 4854 — Summer Recreation Requires a budget amendment primarily due a projected overage of approximately $98,000 in Summer Recreation expenditures due to higher than anticipated participation in the Program that was experienced during the year. This overage will be offset by $98,000 in additional Summer Recreation revenue (3475000). 2 Capital Outlay— ($194,382 increase) Public Safety (8020) 6418 — Buffer Zone Requires a budget amendment of $194,382 for the expenditure of capital outlay funds for security equipment related to the FY 2010 Buffer Zone Plan and Vulnerability Reduction Purchase Plan at the Aventura Mall. This expenditure was offset by $194,382 in grant proceeds offered through the U.S. Department of Homeland Security and the Florida Department of Law Enforcement (3312200). The budget amendments outlined above, are expected to have little to no impact on the FY 2012/13 overall budget or carryover that was utilized in the preparation of the FY 2013/14 budget. Based on this analysis, I recommend approval of the attached Ordinance. 3 CITY OF AVENTURA GENERAL FUND 001 FY 2012/13 BUDGET AMENDMENT REVENUES 2012113 2012/13 2012/13 OBJECT ADOPTED AMENDED REVISED CODE AMOUNT AMOUNT BUDGET NO. CATEGORY $ 2,524,505 $ 85,000 $ 2,609,505 3149000 Unified Communications Tax 1,450,000 88,000 1,538,000 3221000 Building Permits 194,382 194,382 3312200 Federal Grants 2,200,000 179,000 2,379,000 3351800 Half Cent Sales Tax 445,000 98,000 543,000 3475000 Summer Recreation 1,050,000 350,000 1,400,000 3542000 Intersection Safety Camera Program $ 7,669,505 $ 994,382 $ 8,663,887 Total Revenue $ 994,382 TOTAL AMENDMENTS - REVENUE EXPENDITURES 2012/13 2012/13 2012/13 OBJECT ADOPTED AMENDED REVISED CODE AMOUNT AMOUNT BUDGET NO. CATEGORY LEGAL (0601) CONTRACTUAL SERVICES $ 265,000 $ 85,000 $ 350,000 3120 Prof. Services - Legal $ 265,000 $ 85,000 $ 350,000 Total Legal PUBLIC SAFETY (2001) CONTRACTUAL SERVICES $ 400,000 $ 350,000 $ 750,000 3190 Prof. Services - Traffic Safety Program $ 400,000 $ 350,000 $ 750,000 Total Public Safety COMMUNITY DEVELOPMENT (4001) CONTRACTUAL SERVICES $ 800,000 $ 267,000 $ 1,067,000 3101 Building Inspection Services $ 800,000 $ 267,000 $ 1,067,000 Total Community Development COMMUNITY SERVICES (5001) OTHER CHARGES & SERVICES $ 300,000 $ 98,000 $ 398,000 4854 Summer Recreation $ 300,000 $ 98,000 $ 398,000 Total Community Services CAPITAL OUTLAY - (80XX) Public Safety - 20 -521 $ $ 194,382 $ 194,382 6418 Buffer Zone $ $ 194,382 $ 194,382 Total Capital Outlay $ 994,382 TOTAL AMENDMENTS - EXPENDITURES ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2012/2013 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2012 -13, which Ordinance adopted a budget for the 2012/2013 fiscal year, by revising the 2012/2013 budget as set forth on the attached Exhibit "A" which exhibits are 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. Ordinance No. 2014 - Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2012. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 5th day of November, 2013. 2 Ordinance No. 2014-. Page 3 PASSED AND ADOPTED on second reading this 7t" day of January, 2014. TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY m SUSAN GOTTLIEB, MAYOR CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC - City Manager BY: Joanne Carr, AIC Community Development Director DATE: October 28, 2013 SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the land use designation of the westerly portion of the land on NE 207 Street at the corner of NE 30 Avenue totaling 4.032 acres from Business and Office to Town Center and to change the land use designation of the easterly portion of the land on NE 207 Street at the corner of NE 30 Avenue totaling 3.359 acres from Medium High Density Residential to Town Center (01- CPA -14 - Small Scale Amendment) November 5, 2013 Local Planning Agency Agenda Item November 5, 2013 City Commission Meeting Agenda Item January 7, 2014 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve the small scale Comprehensive Plan amendment to change the land use designation of land on NE 207 Street at the corner of NE 30 Avenue totaling 4.032 acres from Business and Office to Town Center; and 2. Approve the small scale Comprehensive Plan amendment to change the land use designation of land on NE 207 Street at the corner of NE 30 Avenue totaling 3.359 acres from Medium -High Density Residential to Town Center; and 2. Approve the transmittal of the amendment to the Division of Community Planning of the Florida Department of Economic Opportunity pursuant to Chapter 163, Florida Statutes. THE REQUEST The applicant is requesting a small scale Comprehensive Plan amendment to change the land use designations of its landholdings on NE 207 Street at the corner of NE 30 Avenue to facilitate a rezoning of the parcel to Town Center Neighborhood (TC3) District. The current future land use designation westerly portion is Business and Office. The current future land use designation on the easterly portion is Medium High Density Residential (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT LOCATION OF PROPERTY Aventura Land Ventures, LLC Michael J. Marrero NE 207 Street at NE 30 Avenue See Exhibit #2 for Location Map SIZE OF PROPERTY Approximately 3.359 acres subject of land use amendment request from Medium High Density Residential to Town Center Approximately 4.032 acres subject of land use amendment request from Business and Office to Town Center (total landholding is 7.391 acres of unopened rights Resolution No. 2006 -61) DESCRIPTION /BACKGROUND acres including 1.459 of way abandoned by The site is vacant land owned by the applicant and is comprised of seventy -seven platted lots in Blocks 17 and 18 of the Hallandale Park No. 8 plat, Tract 1 on the plat of Lauranna and Tract 1 on a replat of Hallandale Park No. 8. The landholding referred to in this report also includes the unopened platted right of way of NE 206 Street, part of the unopened platted right of way of NE 207 Street and two 10 foot unopened platted alleyways. On adoption of the City's Comprehensive Plan 1998 and the Land Development Regulations in 1999, this property was designated as Business and Office on the Future Land Use Map and was zoned Community Business (132) District on the Zoning Map. E In 2006, the previous owner of the land applied to the City Commission for an amendment to the future land use map to change the easterly portion of the site comprising 3.359 acres from Business and Office to Medium High Density Residential. The amendment was approved by the City Commission through Ordinance No. 2006 -14 . This future land use map change was requested to permit a proposed development of 36 townhomes and 68 loft style condominium units on this easterly portion. There was no change requested to the westerly portion of the property. It remained in the Business and Office land use designation. The 2006 development proposal for this westerly portion included a hotel, office, parking garage and retail uses. The 2006 development did not proceed. The current owner wishes to develop a mixed - use project under the Town Center Neighborhood (TC3) district regulations. In order to do so, the owner has requested this amendment to the future land use map to designate the entire parcel as Town Center. This will facilitate a concurrent request for rezoning to Town Center Neighborhood (TC3) District. Although no formal site plan has been submitted for review by the City, the applicant has presented its preliminary development proposal to the City Commission at the workshop meeting of May 16, 2013. The site plan application ultimately submitted must comply with the TC3 district zoning development criteria which includes provision of residential, non- residential, assisted living, hotel and indoor or outdoor recreational uses in the Town Center. The current landholding of the applicant is 5.932 acres. The total development site area will be 7.391 acres once the applicant satisfies the conditions of Resolution No. 2006 -61 which abandoned the unopened right of way of NE 206 Street, part of the unopened right of way of NE 207 Street and two 10 foot unopened alleyways reserved on the plat of Hallandale Park No. 8, consisting of a total of 1.459 acres of land. 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: Business and Office and Medium High Density Residential Business and Office Business and Office Medium High Density Residential Business and Office B2, Community Business District OP, Office Park District CF, Community Facilities District RMF3, Multifamily Medium Density Residential District B2, Community Business District 3 Existing Land Use Subject property: Properties to the North: Properties to the South Properties to the East: Properties to the West: vacant office religious facility and school residential retail plaza Access — The parcel is bounded by NE 207 Street to the north, NE 30 Avenue to the east and NE 29 Avenue to the west. 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: Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; Recent census data shows that the City is continuing to grow, the median age is lower and the family size is larger. Demand for housing is therefore increasing. At the same time, there is an identified demand for senior living facilities in the City and an identified demand for recreational opportunities. The residential use, assisted living facility and recreational uses along with the non - residential uses required as a component of the development in the requested Town Center land use category will accommodate projected population and economic growth. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report shows an expected decrease in a.m. peak trips, an increase in p.m. peak trips and an overall increase in daily trips. Based on review of the applicant's traffic generation report by the City's Traffic Engineering Consultant, this increase in daily trips will not impede the provision of services at adopted LOS standards provided that the applicant submits, as part of the site plan review process, a detailed Traffic Study that proposes access, circulation, safety and transit improvements to mitigate the increased trips. 4 Water — The application will not impede provision of this service at adopted LOS standards. Sewer — The application will not impede provision of this service at adopted LOS standards. Mass Transit — A bus transit facility is located at Aventura Mall, approximately 1.5 miles from the subject properties. The proposed mixed - use development will be required to provide pedestrian linkage to County and City 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 application will not impede provision of this service at adopted LOS standards. Solid Waste — The application will not impede provision of this service at adopted LOS standards. The applicant will be required, through the site plan review process, to provide evidence of compliance with all Level of Services Standards. 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 land uses and will create a neighborhood town center easily accessible by existing adjacent residential and non - residential uses. 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. 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. 5 The proposed amendment will meet this policy by accommodating residential development in a location adjacent to existing residential uses. The mix of uses provides close proximity and accessibility to employment and commercial centers, avoidance of natural resource degradation and 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 area with a mixed use project. 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 NE 207 Street at 7.391 ac 20 du /ac 1.99 294 persons NE 30 Avenue (density limited by zone Based on the South Florida Regional Planning Council evacuation model, it is determined that the increase of a maximum of 147 dwelling units resulting from the proposed amendment will increase the clearance time by 3.30 minutes. That additional time increases the present evacuation time of 11.65 hours (11 hours and 39.46 minutes) to 11.71 hours (11 hours and 42.76 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. The proposed amendment and associated subsequent site development will be required to provide linkages and design concepts to improve efficiency and A enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi -modal transportation system. 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 mixed -use development will be required to provide pedestrian linkage to transit service facilities that are safe and convenient to transit users. Policy 4.7 Transit shelters, according to the City's approved design, shall be provided at the time of development by the property owner. Transit shelters, according to the City's approved design, will be required to be provided by the owner at the time of development. 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 37,725. 147 additional dwelling units results in a population increase of 294 people as shown in the table above. The amount of park and recreation land required by this park standard is 104.55 acres. The existing available park and recreation land, using the calculations provided in the Level of Service Standards, is 116.95 acres. Therefore, no deficiency exists and the proposed amendment will not create a deficiency in this standard. 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 shows an expected decrease in a.m. peak trips, an increase in p.m. peak trips and an overall increase in daily trips. Based on review of the applicant's traffic generation report by the City's Traffic Engineering Consultant, this increase in daily trips will not impede the provision of services at adopted LOS standards provided that the applicant submits, as part of the site plan review process, a detailed Traffic Study that proposes access, circulation, safety and transit improvements to achieve a reasonable evacuation time. VA 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. Education Element Policy 1.4 Miami -Dade County Public Schools' comments shall be sought and considered on comprehensive plan amendments and other land use and zoning decisions which will increase residential density, in order to be consistent with the terms of the state mandated Interlocal Agreement pursuant to Sections 1013.33, 163.3174 and 163.31777, Florida Statutes. The application has been provided for comment to the Miami Dade County Public Schools in accordance with the Interlocal Agreement entered into between the City and the Board in February of 2003. 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 School's Preliminary Concurrency Analysis dated October 18, 2013 is attached as Exhibit #3. This analysis notes that, at this time, all three public school levels, that is, elementary, middle and senior high public schools, have sufficient capacity available for this proposal. Final determination of public school concurrency will be made by the School Board at the time of final site plan approval. Traffic Generation — The applicant's traffic engineer has prepared traffic generation information relative to the previously approved development and the proposed amendment. The letter dated October 28, 2013 prepared by David Plummer & Associates is attached as Exhibit #4. Applications Land Use Daily Trips AM Peak PM Peak Area Category HourTrips Hour Trips 7.391 acres Previously Business & Office 5,878 528 536 Approved and Medium High Development Density Residential Proposed Town Center 7,336 465 625 Development 1.1 As can be seen from the table above, the proposed town center land use designation generates decreased a.m. peak hour trips, increased pm peak hour trips and increased daily trips. The applicant will be required, through the site plan review process, to provide a detailed Traffic Study and to propose access, circulation, safety and transit improvements to accommodate the increased trips. Conformity to City Land Development Regulations — The proposed amendment will facilitate a proposed rezoning from B2, Community Business District to TC3, Town Center Neighborhood District. Coastal High Hazard Location — The location of this site is not in a designated coastal high hazard area. F, WIN BGRCOW RADELL & FERNAN DEZ Z4�DNINC3, L.ANC� USE ANM ENVIRONMENTAL LAW DIRECT LINE: 305 - 377 -6238 E -MAIL: mmarrero @brzoninglaw.com VIA FACSIMLE AND E -MAIL October 9, 2013 Ms. Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive, 411, Floor Aventura, Florida 33180 Re: Amendment to the City's Future Land Use Map re Waterways Town Square Dear Joanne: This law firm represents Aventura Land Ventures, LLC (the "Applicant "), with regard to an application to amend the City of Aventura Zoning Map and Future Land Use Map for the assemblage of properties at the SW corner of NE 207 Street and 3011, Avenue (the "Property ") to be designated as Town Center in the Future Land Use Map and TC3 in the Zoning Map. The Applicant recently acquired the Property, which was the subject of prior approvals for City Place at Aventura. The prior project included a mix of residential and commercial uses and remains zoned 132 and RMF3A. The Applicants seeks to develop a true mixed use project, with a focus on some uses that have been identified as desirable uses by the Aventura community. These include a high quality Assisted Living Facility and a commercial recreation, as well as a hotel, retail, office and some residential units. On October 1, 2013, the City Commission adopted an amendment to its Land Development Regulations to create the TC3 zoning district, which the Applicant seeks to rezone to. The City's Comprehensive Plan provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's Future Land Use Map. The Applicant's request addresses several of the standards as follows: Exhibit #1 01- CPA -14 SOUTHEAST FINANCIAL CENTER - 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 - MIAMI, FLORIDA 33131 PHONE. 305.374.5300 - FAX. 305.377.6222 - WWW.BRZONINGLAW.COM Ms. Joanne Carr October 9, 2012 Page 2 (1) TOWN CENTER: Town Centers are encouraged to become hubs for future urban development in Aventura, around which a more compact and efficient urban structure will evolve. The Applicant seeks to develop a compact, efficient and urban project which will include a mix of uses that will have a natural synergy and promote pedestrian and walkable activities. (2) TOWN CENTER: Town Centers are intended to be design - unified areas, which will contain a mixture of different urban functions integrated both horizontally and vertically. The Applicant hopes to achieve exactly this. Expected uses within the project include a retail entertainment component, traditional retail, ALF, residential, office and hotel. These uses are expected to function in an integrated fashion and serve each other. The aggregated land owned by the Applicant presents this unique opportunity. (3) OBJECTIVE 3: The Future Land Use Plan shall emphasize concentration and intensification of development around centers of activity, development of well designed communities containing a variety of uses, housing types and public services, renewal and rehabilitation of blighted areas. The Property has been vacant for some time. The Applicant hopes to create a well - designed community with a variety of uses as contemplated by the comprehensive plan. There are not many suitable areas in the City to achieve this type of development. (4) POLICY 9.2: Applications to amend the City's Future Land Use 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 in the City: The approval of this application will address certain established demands of the City, including Assisted Living Facilities and Retail Entertainment uses. Additionally, some of the expected population growth will be addressed by the additional residential development within the project. BGRCOW RADGLL & FERNAN DEZ ZONING. LANG USE ANA ENVIRONMENTAL LAW Ms. Joanne Carr October 9, 2012 Page 3 2. Enhance or impede provision of services at the adopted LOS Standards: The approval of this application is not expected to impede the levels of service at the City and the Applicant will work to mitigate any impacts that are presented. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods: The project is surrounded by commercial and residential development. Therefore a mixed use /town center project is ideal for this location, particularly because of the size of the site. 4. Enhance or degrade environmental or historical resources, features or systems of significance: There are no significant environmental or historical resources or features expected to be impacted by the approval of this application. 5. Impact the City's ability to maintain hurricane evacuation clearance times of 12 hours or less: Based on our calculations, the approval of this request will not increase For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377 -6238. Sincerely yours, Michael J. Marrero BGRCOW RADGLL & FERNANDEZ ZONING, LANE> USE ANO ENVIRONMENTAL LAW 1750 PONCE DE LEON BOULEVARD, CORAL GABLES, FLORIDA 33134 305 447-0900 • FAX: 305 444 -4986 • EMAIL: DPA@DPLUMMER,COM October 28, 2013 Mr. Victor Ballestas Integra Solutions 150 NE 2nd Avenue, Suite 701 Miami, FL 33133 Phone: 305- 774 -0110 Mobile: 305- 773 -5896 E -mail: vb @integrafl.com RE: ParkSpuare Aventura Traffic Engineering Services - #13114 Dear Mr. Ballestas, The ParkSquare Aventura project is located on the south side of Waterways Boulevard between NE 29th and NE 30th Avenues in Aventura, Florida. Exhibit 1 shows the approved development program. The purpose of this letter is to conduct a trip generation comparison between the previously approved project for the site and the new development program. Exhibit 1 Approved Development Program Land Use Size Office 142,248 Square Feet Bank 4,923 SF Square Feet Specialty Retail 17,393 Square Feet Hotel 198 Rooms Coffee Shop 992 Square Feet Bowling Alley 18 Lanes Apartment 104 Dwelling Units Currently, the applicant is seeking to change the development plan. The proposed development program is shown in Exhibit 2. Exhibit #3 01- CPA -14 Ra CORAL GABLES • FORT MYERS Mr. Victor Ballestas RE: ParkSquare Aventura Traffic Engineering Services - #13114 Page 2 Exhibit 2 Proposed Development Program Land Use Size Specialty Retail 34,429 Square Feet of Gross Floor Area Quality Restaurant 21,516 SF GFA of Gross Floor Area Office 151,601 Square Feet of Gross Floor Area Hotel 230 Rooms Apartment 145 Dwelling Units Assisted Living Facility 199 Beds A trip generation analysis was conducted to determine the trips generated by the previous development program compared to the proposed project. The trip generation analysis was based on rates and /or equations from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, and obtained using the TripGen 2013 software. Worksheets are provided in Attachment A. ITE recognizes that data obtained to establish trip generation rates and /or equations is collected at single - use, free - standing sites, and that mixed -use developments provide a potential for interaction of trips within the site, which must be accounted for separately. This will be a mixed -use project and the design will incorporate an internal road system to serve both automobiles and pedestrian and facilitate interaction of trips within the site, resulting in some satisfied on -site (internal trips). Internalization between the proposed uses was established based on the guidelines in ITE's Trip Generation Manual User's Guide and Handbook. Internalization worksheets are included in Attachment A. Research shows that a percentage of retail trips to and from a site are "pass -by" trips. ITE describes pass - by as trips "attracted from traffic passing the site on an adjacent street ". Pass -by trips are already using the existing roadway network. Pass -by trips were established based on the guidelines in the FDOT's Site Impact Handbook. A review of transit availability in the vicinity of the project site indicates that several transit routes serve the area within 1 mile. A 5% deduction for mode split was used to consider other modes of transportation. Adjustments made to the trip generation estimates obtained using ITE trip generation rates INCZ CORAL GABLES • FORT MYERS Mr. Victor Ballestas RE: ParkSguare Aventura Traffic Engineering Services - #13114 Page 3 and /or equations are consistent with the adjustments used in the traffic study performed for the previously approved land uses. Exhibit 3 provides a summary the trip generation summary for the approved and proposed site plans. Trip generation /internalization worksheets are included in Attachment A. Exhibit 3 Project Trip Generation Summary Scenario Weekday AM Peak Hour Vehicle Trips Weekday PM Peak Hour Vehicle Trips Approved Uses 528 536 Proposed Uses 465 625 Trip Difference -63 89 % Trips Reduction -12% 16% The results of the trip generation analysis show decreases in net new external vehicular traffic for the AM peak hours from the previously approved land use plan. An increase is anticipated on a daily basis and PM peak hour. Based on this, it can be concluded that the proposed uses will have no additional impact to the adjacent roadway network than those in the approved traffic study. We stand ready to provide any support needed for this project. Should you have any questions or comments, please call me at (305) 447 -0900. Sincerel e. an Espin a, PE Vice - President — Transportation Attachments wA13 \13114 \tgen oct 28 2013 \parksquare aventura trip generation comparison letter_october 28 2013 docx 2 CORAL GABLES • FOR7 DYERS Oct � � � � � � � Q aIM \k/ # »3 2 §/ /0 02 « j \ ( \ ! ! ! LL ~ | 6 = R: R \.@ v� ] ■ : : ; : _ LL ~ | 6 I } ! 4-1/ - � Uj °41 0 'o CL k \ X �� -�z - tea= Q 4)0 a Q \\ I !� � \\ \ y) �� y\ � , § ; _ ,� � ■ %./ � � � ��} ! °!; °!! }® ® ■ ;•;\{ ; ; °l�2�7;! !! lu ICY } � ! z a. Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Park Square Aventura - Approved Project Open Date: Analysis Date: Phase: Description: 24 Hour AM Pk Hour PM Pk Hour Two -Way ITE :Land Use Volume Enter Exit Enter Exit 710: General Office Building 1716 223 31 40 198 142.248 Th.Sq.Ft. GFA [E] 912: Drive -in Bank 729 34 25 60 60 4.923 Th.Sq.Ft. GFA [R] 826: Specialty Retail Center 771 0 0 21 26 17.393 Th.Sq.Ft. GFA [R] 310: Hotel 1618 61 44 61 58 198 Rooms [R] 937: Coffee /Donut Shop with Drive -Thru 812 51 49 21 21 .992 Th.Sq.Ft. GFA [R] 437: Bowling Alley 600 34 22 17 10 18 Bowling Lanes [R] 220: Apartments 692 10 43 42 22 104 Dwelling Units [R] Total Driveway Volume 6938 413 214 262 395 Total Peak Hour Pass -By Trips 0 0 28 28 Total Peak Hour Vol. Added to Adjacent Streets 413 214 234 367 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Park Square Aventura - Phase: Description: Proposed Project Open Analysis Date: Date: 24 Hour AM Pk Hour PM Pk Hour- Two-Way ITE:Land Use Volume Enter Exit Enter Exit 826: Specialty Retail Center 1526 0 0 41 52 34.429 Th.Sq.Ft. GFA [R] 931: Quality Restaurant 1935 0 0 108 53 21.516 Th.Sq.Ft. GFA [R] 710: General Office Building 1801 235 32 42 206 151.601 Th.Sq.Ft. GFA [E] 310: Hotel 1879 71 51 71 67 230 Rooms [R] 220: Apartments 964 15 59 58 32 145 Dwelling Units [R] 254: Assisted Living 529 18 10 20 24 199 Beds [R] Total Driveway Volume 8634 Total Peak Hour Pass -By Trips Total Peak Hour Vol. Added to Adjacent Streets 339 152 0 0 339 152 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC 340 434 48 23 292 411 Superintendent of Schools Alberto M. Carvalho October 18, 2013 VIA ELECTRONIC MAIL Mr, Michael J. Marrero, Esquire Bercow Radell & Fernandez, P.A. 200 South Biscayne Boulevard, Suite 850 Miami, FL 33131 mmarrero(aD-brzonina law. com Miami -Dade County School Board Perfa Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross- Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta P6rez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS WATERWAYS TOWN CENTER — No. 01- CPA -14 LOCATED AT NE 207 STREET AT NE 30 AVENUE, AVENTURA, FLORIDA PH2813100400889 — FOLIO No.: 2812340064610 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) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 147 multi - family units, which generate 26 students; 12 elementary, 7 middle and 7 senior high students. At this time, all three school levels 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 topgntact me at 305 - 995 -4501. L -432 Enclosure cc: Ms. Ana Rijo- Conde, AICP Ms. Vivian G. Villaamil City of Aventura School Concurrency Master File Sinc y / M. Rodriguez, A. Director IIMR:ir Facilities Planning, Design and Sustainability Ana Rijo- Conde, A1CP, Deputy Chief Facilities and Eco- Sustainability Officer 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33932 305 -995 -7285. 305 - 995 -4760 (FAX) • arijo @dadeschools.net Conturrency Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH2813100400889 Local Government (LG): Aventura Date Application Received: 10/4/2013 3:27:27 PM LG Application Number: 01-CPA -14 Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: Waterways Town Center Address /Location: NE 207 Street at NE 30 Avenue, Aventura Master Folio Number: 2812340064610 Additional Folio Number(s): PROPOSED # OF UNITS 147 SINGLE - FAMILY DETACHED UNITS: 0 SINGLE- FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 147 CONCURRENCY SERVICE AREA SCHOOLS • r- Id Met x231 AVENTURA WATERWAYS K -8 CENTER 64 (ELEM COMP) 12 �0 iN0 Current CSA — 231 I(ELEM AVENTURA WATERWAYS K -8 CENTER 10 _ 12 10 Current CSA Five Year Plan COMP) 1 ! �— 232 AVENTURA WATERWAYS K -8 CENTER 11 ( i 0 NO Current CSA 1(MID COMP) AVENTURA WATERWAYS K -8 CENTER 0 (7 - - - -10 NO Five 2i 32 (MID COMP) ! I i Year PIanSA HIGHLAND OAKS MIDDLE 5 7 ��J�I6241 0 -- NO Current CSA MIDDLE 0 7 �0 NO Current CSA Five [6241 HIGHLAND OAKS Year Plan T — — — 7141 DR MICHAEL M KROP SENIOR , 284 (7 �I6 ��NOuu Current CSA ..7141 DR MICHAEL M KROP SENIOR (0 7 10 N PlanSA Five ADJACENT AREA •• 2441 VIRGINIA A BOONE HIGHLAND OAKS ELEMENTARY 35 ��— 12 12 (YES I Adjacent CSA F6023 ANDOVER MIDDLE _ a7 YES Adjacent CSA F7381 MIAMI NORLAND SENIOR 580 J17 �17 ~ +YES Adjacent CSA *An Impact reduction of 19.5% included for charter and magnet schools (Schools of Choice). MDCPS 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 be 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 r Pursuant io Sect n 31- 71(b)(2)(I) of the City of'Aventura Land Develop meni Code, this Applicant Representative Affidavit is hereby made and stibmitied The undersigned autfrorized representative of the individual or entity applying for the Development Prarrnil, which is identified in the at'sarrrpanying al liraGt�n, and the owner of the property subject WIN,, appik a @on (if different) hereby lists and identifies alt persons repres €xiting the indivi(luai or entity applying for the Oeve pr u ri Permit in conoection with the application, as toiloats Name It I IAaw (-6 Relationship (i,e Attorneys, Architects. Landscape Architects, Engineers, Lobbyists, Etc.) .. o r Ur r f4 (Anach 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 TART PRIOR TO CONSIDERATION OF THE APPLICATION BY THE C" BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLET ,101 ,'ESS `SAY rJRN THIS _- DAY CF . w _. _..._, 20 e~' ' IkHORIZ- REB THIS IF OF APPLICANT. OWNER` '­ ij �� Si(�i }�7Jtlf fi� V; Name = (Fvrx rJ ('Prim 51t#a':_ MW`n „� • �A Title:_ (3 $ Stt�P'1 � )S -d St y Stfr�� ���ress;- - -- � ._._�^.----- - ---�- Address ! __._ 7 _4 I-k t u'rY� i t r _313 , I�'l. l 4—f'VQ e r FL ->,7#?) STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me the undersigned authority personally appoaied ���1�0._ �{ ��_ � „as_t e a thorized representative of the Applicant and /or the owner of the property subject to the application, who being first bye "uly�svat 1 swear or affirm that he/she executed this Affidavit for the purposes stated therein and (hat it is true and correct. AFF; SWORN TO AND SUBSCRIBED BEFORE ME this day Notary Public State of F4d At rg Printed Name of Notary'-5C- 6(�_ M.r rc+-dr- My commission 3 ?° ^COW E.$10N #FF 202515 F' EXPIRES: IMAY 29, 2016 vtitiV A ;7RDKNDTARy.c0rn BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2);ii) of the City of Aventura Land Development Casio- The undemigned Arrant hereby discloses that. (mark with "x' app .lable portions onty) j ; Affiant does rot have a Busirness Rtyationship with any member of the Gity Commission or any {Cj,y Advisory Board to which !he application will be presenters. 2. Aff?arlt hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory 5oard to which the application wii' be presented. as follows {Liss name of Commissioner or Advisory Board Member) who serves ar, the ;list City Commission or City Advisory Board aipon which rnember serves). The nature: of the Business Relationship is as follows: (viornber of City Commission or Board holds an ownefshir, irr!erest in excess o' 1% of Val assets or capital stock of Applirant or Representative, G j Ii firm ?ber of City Commission or Board is a paMer, co shareholder (as to sharps of a which are not Listed on arty national or rqtonal stock exchange) or (owl. 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 (C ierit of another professional working (torn: the same office or for the sarre employer as the rnernber 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 o the City Commission or Board {or of his or her artnp(oyer) and transacts rn)re than $10,000.00 of the business of the Irember of the City Commission or Board (or his or her ertlfiloyer) in a given calendar year; i ? vi. The mersrber of the City Comnesion or Board is a Customer of the Applicant a Representa(ive and transacts more than $25,000 - C orff the business of the Applic or Representative in a,given calendar year. ,N'TtJESS -M ND IT S���_DAYCF.``,�� �.__.._ .,.,2 APP' I1 6 T' ' ,aatatYepa Pr , Joao pa de Iranda wic:Cof Iss!ci. B _ _ttSignalcd el 9'• • �r FY F i ftaant;,;_ .. �' �� '�Y�1_..,._n�._..�._ „_.�. —IPr irk!) �"�'ee';;,���•4, fAu e'. f (.'rtt'r :ccn Titlo._ � P�la.m1 � 1Pur11 r• WITNESS PdY HA THIS DAY OF .::, 2 /01 FRO:)[�RT y Title; LI? 'The- tero),s Business Rekiliorrst)ip ` "Clieol,' "Custvrrrr ;' Applioult, ' "Rey)reserNative` and "hilerested J'ersorr° fore defined in S(- :clier) 2-335 of ttie A€retzlufa Gty Code. WITNESS MY HAND THIS �A. DAY OF,_ REPRESENTATI : (Listed on Business Relationship Affidavit) e Narce: l,-!� J _._16,« (rb (Print) Tit e: By, t _ -4/- "— (Sign3ltrre) Na �e J� -- , t 0 .� Title: , -_% : �4 -6 i J f()riot) By _..,...__(Sirgrkrfj/- Title BY Title:_._,_- __.— ..,(Print) 243 By Nance:_.. _..._. -. . _.(! nrx) T tie: _. .__ _ _. ...._. tPnia) By Name: ._ tPiol) Title, Ely',— IStgnatcir Name Title,,_..R_...._ _._ •._. .....___ (Plot) R ( "S rar�turn} Title; Tide; By _..,...__(Sirgrkrfj/- Title BY Title:_._,_- __.— ..,(Print) 243 By Nance:_.. _..._. -. . _.(! nrx) T tie: _. .__ _ _. ...._. tPnia) By Name: ._ tPiol) Title, Ely',— IStgnatcir Name ..... Title: Tide; (P100 By: _.__. ----- _.... - -_ -_ (Signri111te (Prinf) ..... _.. -. (Print) Bv: Title:.........__...._.._ .__. Title NOTE, 1) Use duplicate streets if disclosure information for Representative varies (Sir)nafure _.._...__(Print) 2) Applicants and AfBants are adviwd to timely supplenccnt this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Developinent Regulations in the City Code, in the event that prior to consideration of the application by the City Board or (; "cxnrnission., the intbrrnation provided in the Aftidavlt becomeincorrect or Inc mplete. WITNESS wv HAND ��/y 0w m0 «htp Affidavit) � -__ ______(Sigmmm wa'v*wu��� �����_»�`v wamm_______________�m� Title Title By ��xm^0 wxw,, Name Title Tmo By Tx le __ ........ ______ Title Title._ 8v-___ ..... __' Name:___ By, Nane� _--____------'-«�� Name Title .______ Tmo By_—^ __-PtinV By Tx le __ ........ ______ Title Title._ 8v-___ ..... __' Name:___ By, Name Tmo By_—^ nvei_____--_- By: woxe Title: By:____-_________<q�mxxv Title Title woT[ 1) Use duplicate sheets K disclosure .nfm~mmn for Representative vmes �.) A |b^os and Wants are o,vi,�e.dw0nely,n9|em**'Nk Affidavit ,umvwmmS"..J|'7Kh)(2)(iv)v[ the [it)`n uma n°vm"pmmt K,w/|wm^ in Vv O// Code. in the event that I)hor to cun ici*wtkm of 111C. applicalioll uv o`, City Roard v,owwbmi^n, ow.i^x,nnmiO" »^pm,Ai" /^, Ama^,"oouornv� iom.nec v, NOTARIZATION PROVISION STATE OF FLORIDA I CC;JNYY OF tv1lAtd( -DADEI Hefrxe ire, the unriersigned authority, personally appeared _ t,G, . the Affaot, who being first by me duly sworn, did swear cr affirm that he /she executed this Affidavit for the purposes stated therein and that it is tare and rorrtx;t. AFFIANT SWORN TO AND SUBSCMI]IM before me this (J � day of tJ� ' u� .,, ?O�l�i o�Aar f Notary Public State of Florida ` \�yJ%% : Diana Ramos Nolef Public, 'z ` My Commission EE082284 4- y lie tate € Florida At Large pr of rod Expires 04/10/2015 Printed flame of Notary My comnssw exftes _ ..,.... S'ATC OF t-LORIOA j COUNTY OF MIAN4t DAX Before rre. the o :des,lrinerl. authority, pers(rtally appeared exeruleci this Affidavit f„ , r,a purposes stated (herein and that it is true and correct SWORN TO AND SUBSCRIBED before me this 21.1 day STATE ;?{ FIORICA -:t, who bet g fi y i/swn d swea, u affirm that he/she of Phrled Name of Notary my corirnission expires: o4ARY p4 No i �Pb grate of Florida ,, Diana Ramos I At Large �' �o'r My Commission EED82284 or ruo Expires 04/10/2015 OUNTY GF fAIAMt,„A3! , f Before me, the uadl?*x;tied authority, personalty app red P� f 02M� � V the ht�aat 14 p br)fng first by me duly swan, did swea rx affvm that he/she execu!Mi Onis AlWavil for the purposes stated therein and that it is true and coned. t � AF' Y� os�r no's .- SWORN rQ AW, SUBSCRIEtFO brfae me this day of ___..._, 2 2 15 Notary Public Slate of Fiona At ' I' rr��? Rycorn Printed Name of Notary Zr; My cornmission express_ Zo1 y t STATE, OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me, the undersigred authority, personally appeared _ . the Affiarl, was being first by me duly 5wom. did swear or aHirin that heishe exerailed this Affidavit !or the purposes Stale() ;herein and that it is t4ue aid correct A4'1ANT SJUO)AN TO AND SUBSCRO ED before rne this Notary Public State of Honda At large Printed Name of Notary Mycornmissionexpires:_ .,.___......._.__ NO RIZ/ TON„ A STAR Of I J RIDA j ('G; 1,`Y OF MIAMI -DAIK) �SA!p�('k � .Ielrxe me. Ire undersigned aullmly, pertmafly appeare n �� g @. Affienl. wlrU heir . Rsl are s+vear of aNmn Thal he'vic mx.e-, rled Ihrs Affllbawt for ere proposes sUnM %%rem and the! it It (Pie MLe—W) �• ROSARIP R. SERUVIDES AF'FIANt NotTUy Ik • S. 1 WWI ".""WORN f0 AN( Fo.. � ��►� 2015 .1 r Con►mib :ion ! EE 137323 B K" TWO* "Wo "My Alan. Nolo, Publx 91e1e fI da rga knfad Nam - of Nclary My rAmmissroxr erpaes' --------- .............. .......... ........ ..... .......,_. ._.. _....... STATE Of FLORIf)A f t; WNTY Of MIAMfDAM) 13oftuy me. the (.ndersgived aulhnrlly, preatvWly ovp6ar'ed ..... .._ _.. _,.. the AlLaM, who being Net by me duly ewan did swear o! affnnr Ilrel hwashc esounoo (his Ali'ulavil fa he Furpnses staled Therein and Iha! 0 is true 00 cnnect AFRANa .. SWORN TO ANT) SOBSCRIBIA) before me Ibis . _. day of 1 --.1 200_. Notary RMIC Slob of F londa At Large Ptinlod Namn of Nnlary My cornm(ssion expires... .... SIATf Of fL0Rm I COUNTY OF MIAMI DAOf y RN(ye are, )ha widnysgW.0 oelhodly, persoua y appeared _...._ ....._ _.. .. ... the Atbant, worn bo" "I by me duty sworn, old swMit -r atirre trial heistw exeaaed Ihrs A1fxlevit try the purpuses stated Moran Nntl that It is true and corm ATF IANT SxVORN TU AND F3UB5CRIElLO xtkxe ma Itrs day of I _ . 200- Notary Public Stall M l In da At Larga Printed Win v o1 Nala(y My rwmmsslon erprev,_. ..._ _..._ .... . ... ........ _..- ........ . (=NT" Of MIAMI W)EI Raton nsr, the undersigned nutlronty, nersoneay appeared the Af1an1, V)o breM first by am dray sworn did swear or aSirm 11181 Iwlstte er.eculwt this Alfxlavl! Gn (he purposes slalnd awrein and peal d i6 Vua anU txr reCt. SWORN To AND SUBSCRIREI) before ma thin _ _.1 day of . -. .,. ...200. AFFIANT Notary' PrlyfX Stale of Florida At Large Printed Nerne of Notary My carenssklrr nxprrns:.. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is inade pwsuRiti tr, Section 31.71(1h)(2 (0) Of the City ai Aventura Land Developmeirt C+.,4e ThG unr#ersigned Alfiaud l}ereby dis(:oscs that (mark whir "x' ADP'.atr prxitons only) (, lffiant does t&I havo a Business ReixloOStrifi with any Mwitior r,{ the City (;ommcssinn of arty City Aimsory Board to whit!; the apphrA xr will N presenled i Motif hereby disuses that it cligap it a Business Relationship with a member of tiw City Czxnndsscn or a City AAvxnry Board !o which the afipticatron 00 be fueseaw, m ftnlow __.....w (List namo of CommSSroner or A;dviiory Board Wuntior) 010 serves pn the ItistCAY Ccmmimol or City Advisory E1owd npm, which rnefr&Ir servos) The nature of the Susmess Relalrowthip is as td ows l i t Member of City Crxnmrssion or Board holds an owncmh£p injolost +n exct ss nt t °6 of teal. assets cr f aDitnl ytord of Apptica rl or Rerxasnntetivo; Member of City Comrnissnn or Board iA a partner, co-5harshakfir (as to shames of a Qxpardtion which arr3 nqt fisted on any nntional or regional sl(6 flYChanga) Of joi;tt vrarrterrur with the AfigftAnt or RetirBSerttativo in any twain venture: I) n. The Applicant or Rriprosentaiive is a Cheat of a member d Ire City C6rnmeS$10F or Board or a Client of anoth(tr pvofessionnt working from 1110 same Offf) or for the same employer a$ the fnerettor of the City (onuedssio e tk Board, ) Iry A City CcNnmissionei or Board n'emb ti is a Client of No AV. tram or Representative, t (v. fie Applicant or Representative, is a Custruner 01 1110 nnennhw of the City GOIT10S80) or Board (,it of his or liar einfiloyer) end transar;ls more than $10.00a 00 of the business of Ile memtx t of tilt, City Cofnrnisskm of Board (o N5 or h4 P,mpfoyer), in a given cafe„ dw year: (►v The member of the City Commission or Board is a Gu4l1WiHr of the AppliGaiii a Representaivr and hanBats more than $25,O00.00 of Ole business of into Applicant or Roprgsentafiva 0 a giver. colerxiar yc'{mr. IT SS MY HAND THIS x✓ . _ DAY OF L? (f µ . , iBq. Icc 13 Nal 0<4 PPLd WITNESS MY HAND THIS PROPERTY 0NNER DAY OF ......._ __....__._ ..._. 7(7t7_. Ely. .,..__...._.._, Name. 'rho leans Y3ushim /1eltrt,Orr.ship," *client" 'Customer:' Apg4tr-0n1.° 'k'eprespnielive" and "Interested Person" are defured in Seabn 2.395 otthe Aver>furl City fade WIN s My AND THIS 7 by OF 1 t ' ..............,tae 1 PRESENT r VE sime!�s Rela(ion5htp AffidavAi N9 by 'w �( Till V_1Cf" _S,A/i+�? _.,lfrrnrft Tale T U-47N Or A ,4y S K-i t;,,� ,3 BY _.. .. .. fSrtjt7(trft'.,i By !.`+Kjri<71i fi - -.- Name fJ 5 intJ By .... _. _ _. _ r 5 1a31rrr!') By Name Name (frrntl fay BY -- _ ISryrkvlairc T iiln ___.__ll'rritli T1IIp: BY _ . _ . _ _ .. fSiylr3r .cra BY. t Sig r rtirn- file (£'!r>il) Title, fiLce _._. (prot) TAlP. BY ........ BY. 11W Tilia 7 itle _ . �.._f /'rrrt) Title NOTF t) Use duplicate sheets if disclosure information for Re {lresenfatfve varies 7) Applicants and Affiants are advised to citnely supplemcni (his Affidavit pursuant to the City's Land Oeveloprnent Regulations in the City ode, in alit• event that prior to corisidi:ration ol" the application by ihi City Hoard or C'arnmissicrn, ilre illAM-1114ti<an prrtvided In the ANidavit hecornes invonect or it1 C;cph jt) e(C. YpTfiKlZAjlQ_N PFZQY S ,fArl a'!( N*Y I)i VIAMI -kli', e We, the aug-Kirily, mvYolitt 8aYdWeD*#,:F#tff4 ­'v'utq Tim, AlkAo kA ffle piitiow" stw'm Ifiveo A"'d t1w t( is o"sn artO SAww -_;WC,jN it) ANtl SlfiSYCqif-Fl) lwjkxt@ r"(j fhl*f__( day K.� LC '6"' in 04 Notary Public. vitt: No(AVINI �ltrllo of r my curnmuto4l LE 16005 4'fifflod Nwiv W Nd;flry !' !A r r,- (y Fl Ofqnp, W01,11- Of MIAM-tN:411 WrXci nit; IN" ur"O'cruped 4,41hrotty 'Weog'olly 6opeared I.,* Aff-wil, wixi 1),-w( f,fij by mr d ty racer 14 1, owcuto?) "us ANSO k, 14 rpit"t suiled lhefoln aivi the! d it true vio mileco AFI- iANT SWORN TO AM) SNASCAMED MtYe fll# 0119 ley of 14NM Puw "Ailte Of FIC111111v At I'mve Pnpw Nam of Noto i y My �,omriisiim ewpve.s CICLJ TY Or WIWI DAIX� PrAve my, IN B,vJolsq* 801100ty. fWS1144tilly 4SPPWl0Sd oxowtocl llhts AfrJow? toi are pirol.Kiia Allod Ilw0l Urzd tMI it is hiko anif col'-d SWORN TO AlM3lJWRI0Ul before m6 Om , d8y of . 200, STATE Of it-ORIDA T'Y 0, MIAMI-tAlk) 11010tv mo, IN l)A%rsV"4 avolonty, wsonelly appewed _ _.. elterMW this All'IdAvO 10i lit PuWA" shod Viiiew, PAO thr(d is true and rrw w(, fie Affnrit wtic boifiq firsit by inq q,q sworn. 4 ottm that Iteist, A P iANi ' Notary Public Slolp a Vvinda At Law Prinled mum of imrivy Vy ('mmwrp. of -PTAs: fle Af'oqf, Mno biting first by riv) duty itwoft, dal Swom q aflit"T ulat brv$,rie AMANt SWOR N I () AND SUMCRIBED hoky o im fts dayol 2o0 Ntury T>,tgGg Stio of'F lond;s At t stre Printed 4ne of "ly ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 3.359 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A 4.032 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Division of Community Planning of the Florida Department of Economic Opportunity found in compliance the City of Aventura Comprehensive Plan (the "Plan ") in March 2007; and WHEREAS, the Future Land Use Map of the Plan designated the 3.359 acre parcel of land described in Exhibit "A" as Medium High Density Residential; and WHEREAS, the Future Land Use Map of the Plan designated the 4.032 acre parcel of land described in Exhibit "B" as Business and Office; and WHEREAS, the owner, through Application No. 01- CPA -14, has made application to the City to change the land use designation of the 3.359 acre parcel of land from Medium High Density Residential to Town Center and to change the land use designation of the 4.032 acre parcel of land from Business and Office to Town Center; and Ordinance No. 2014 - Page 2 WHEREAS, the Plan amendments 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 believes that it is in the best interest of the public to amend the Future Land Use Map designations on the subject property from the Business and Office and Medium High Density Residential designations to the Town Center designation; and WHEREAS, the proposed amendments to the Future Land Use Map designation were reviewed by the City Commission, sitting as the Local Planning Agency designated under Section 163.3174, Florida Statutes, following an advertised public hearing; and WHEREAS, the City Commission finds that the amendments 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. The foregoing whereas clauses are hereby ratified and incorporated into this Ordinance. Section 2. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible and to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Ordinance No. 2014 - Page 3 Section 3. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in Exhibit "A" to this ordinance, totaling 3.359 acres is hereby changed from Medium High Density Residential to Town Center. Section 4. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on NE 207 Street at NE 30 Avenue more particularly described in' Exhibit "B" to this ordinance, totaling 4.032 acres is hereby changed from Business and Office to Town Center. Section 5. 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 6. 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 the Future Land Use Map of the Comprehensive Plan shall be revised so as to accomplish such intentions. 3 Ordinance No. 2014 - Page 4 Section 7. Transmittal. The City Clerk is directed to transmit the amendment to the Division of Community Planning of the Florida Department of Economic Opportunity as provided under Chapter 163, Part II of the Florida Statutes. Section 8. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner follows: and upon being put to a vote, the vote was as Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 4 Ordinance No. 2014 - Page 5 PASSED on first reading this 5th day of November, 2013. PASSED AND ADOPTED on second reading this 7th day of January, 2014. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 61 SUSAN GOTTLIEB, MAYOR LEGAL DESCRIPTION: All of Lots 7 through 13, 38 through 42 and a portion of Lots 14, 33 through 37, oil of Block 18, HALLANDALE PARK No. 8, including the ten (10) foot alleys adjacent to said lots, lying within said Block 18. as recorded in Plat Book 20 at Page 49. All of Tract 1, LAURANNA, as recorded in Plot Book 76 at Page 31. All of Lots 1, 2, 6 through 13_38 38 through 42 and a portion of teats 14 and 37, all of Block 17, HALLANDALE PARK No. 8, including the ten (10) foot alleys adjacent to said lots in Block 17, as recorded in Plot Book 20 at Page 49. Tract 1, Block 17, REPLAT OF A PORTION OF HALLANDALE PARK No. 8, as recorded in Plat Book 40 at Page 97. That portion of the North One —half of N.E. 205th street abandoned by Resolution No. 2000 -11 recorded in O.R.B. 19247 at Page 4677. That portion of N.E_ 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 and bounded on the East by the West right —of —way line of N.E_ 30th Avenue (East Dixie Highway) all being as shown on HALLANDALE PARK No. 8, as recorded in Plat Book 20 at Page 49_ A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, as recorded in Plat Book 158, Page 47, and bounded on the South by the North; line of Block 18, - HALLANDALE PARK NO. 8, as recorded in Plat Book 20 at Page 49, all the above plats being of the Public Records of Miami —bode County, Florida, lying and being in the City of Aventuro and being more particularly described as follows: Commence at the intersection of the centerline of N.E. 205th Street and the centerline of N.E. 30th Avenue, both as shown on said PLAT OF. HALLANDALE PARK NO. 8; thence North 89'53'41" West along said centerline of N.E. 205 Street for 35.01 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 8.9'53'41" West along said centerline for 261.97 feet; thence'-North 00'OO'W East for 422.33 feet; thence North 90'00'00" West for 119.97 feet; thence North 00'00'00" East for 135.92 feet; thence South 76'00'36" East along a line 81.00 feet South of and parallel with North right —of —way line of Waterways Boulevard for 86.13 feet to a point of curvature; thence Southeasterly along a 1519.00 foot radius curve leading to the left through a central angle of 737'02" for an arc distance of 201.94 feet; thence South 00'52'30" East along a line 10.00 feet East of a 10.00 foot alley adjacent to said Lot 42, Block 18 of HALLANDALE PARK NO. 8 for 8.92 feet to the Northwest corner of said Tract -1 of LAURANNA; thence South 89'50'24" East along the North line of said Tract 1 for 70.42 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve leading to the right through o central angle of 88'57'54" for an arc of 38.82 feet to a point of tangency; thence South 0952'30" East along the East line of said Tract 1 for 122.65 feet to the Southeast corner thereof; thence South 89'51'49" East along the North line of said Lot 7; Block 18 HALLANDALE PARK NO. 8 for 5.00 feet to the Northeast corner thereof; thence South 00'52'30 East along the East line of said Lots 7 and 8. Block 18 and the Southerly extension thereof for 164.42 feet to the Southeast comer of said Lot 2, Block 17 of HALLANDALE PARK NO. 8; thence North 89'52'27" West along the South line of said Lot 2, Block 17 for 5.00 feet to the Northeast comer of said Tract 1 of REPLAT OF A PORTION OF HALLANDALE PARK NO. 8; thence South 00'52'30 East along the East line of -said Tract 1 for 75.01 feet to the Southeast comer thereof; Thence South 89'53'04" East along the North line of said Lot 6, Block 17 for 5.00 feet to the northeast corner of said Lot 6; thence South 00'5230" East along the East line of said Lots 6, 7 & 8, Block 17 for 56.77 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve leading to the right through a central angle of 36'52'05" for an arc of 16.09 feet; thence South 00'52'30" East along a line 35.00 feet West of and parallel to the center line of said NE 30th Avenue for 35.35 feet to the Point of Beginning. Exhibit "A" LEGAL DESCRIPTION All of Lots 15 through 32 and a portion of Lots .14 and 33, all in Block 18, HALLANDALE PARK NO. 8, including the ten (10) foot alleys adjacent to said lots, lying within said Block 18, as recorded in Plat Book 20 at Page 49. All of Lots 15 through 36 and a portion of Lots 14 and 37, all in Block 17, HALLANDALE PARK NO. 8, including the ten (10) foot alleys adjacent to said lots in Block 17, as recorded in Plat Book 20 at Page 49. That portion of the North One -half of N.E. 205th Street abandoned by Resolution No. 2000 -11 recorded in O.R.B. 19247 at Page 4677. That portion of N.E. 206th Street bounded on the North by Block 18 and bounded on the South by Block 17 all being as shown on HALLANDALE PARK NO. 8, AS RECORDED IN Plat Book 20 at Page 49. A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO. 8, as recorded in Plat Book 20 at Page 49, all the above plats being more particularly described as follows: Commence at the intersection of the centerline of N.E. 205th Street and the centerline of N.E. 30t11 Avenue, both as shown on said PLAT OF HALLANDALE PARK NO. 8; thence North 89 °53'41" West along said centerline of N.E. 205th Street for 296.98 feet to the Point of Beginning of the hereinafter described parcel of land; thence North 00 °00'00" East for 422.33 feet; thence North 90 °00'00" West for 119.97 feet; thence North 00 °00'00" East for 135.92 feet; thence North 76 °00'36" West along a line 81.00 feet South of and parallel with North right -of -way line of Waterways Boulevard for 204.27 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 104 °55'50" for an arc distance of 45.78 feet to a point of tangency; thence South 00 °56'26" East along the West line of said Blocks 17 and 18 and the Northerly extension thereof for 533.59 feet to a point of curvature; thence Southeasterly along a 25.00 foot radius curve, leading to the left, through a central angle of 88'57'15" for an arc distance of 38.81 feet to a point of tangency; thence South 89 °53'41" East along the South line of said Block 17 for 299.35 feet; thence South 00 °56'20" East for 25.00 feet; thence South 89 °53'41" East for 18.67 feet to the Point of Beginning. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC -C City Manager BY: Joanne Carr, AICP Community Development Director DATE: October 28, 2013 SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land on NE 207 Street at NE 30 Avenue totaling 7.391 acres from B2, Community Business District, to TC3, Town Center Neighborhood District (01- REZ -14) November 5, 2013 Local Planning Agency Agenda Item November 5, 2013 City Commission Meeting Agenda Item 9 January 7, 2014 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 a parcel of land on NE 207 Street at NE 30 Avenue totaling 7.391 acres from B2, Community Business District to TC3, Town Center Neighborhood upon recordation of the applicant's proffered covenant to fulfill the conditions of Resolution No. 2006 -61. THE REQUEST The applicant is requesting an amendment to the Official Zoning Map to change the zoning designation of a parcel of land on NE 207 Street at the corner of NE 30 Avenue totaling 7.391 acres from B2 (Community Business District) to TC3 (Town Center Neighborhood District). (See Exhibit #1 for Letter of Intent) The current landholding of the applicant is 5.932 acres. The total development site area will be 7.391 acres once the applicant fulfills the conditions of Resolution No. 2006 -61 which abandons 1.459 acres of unopened right of way of NE 206 Street, part of the unopened right of way of NE 207 Street and two 10 foot unopened alleyways on the plats. A copy of Resolution No. 2006 -61 is attached as Exhibit #2 to this report. The TC3 zoning district is intended to provide suitable sites for the development of structures and sites with a minimum size of 5 acres, combining residential and commercial uses in a well - planned and compatible manner in existing neighborhoods on property that provides lot frontage on at least three public streets and does not front upon or access Biscayne Boulevard. Development in this district is required to provide for indoor and /or outdoor commercial recreation uses, a minimum of 20,000 square feet of assisted living facility use and hotels as part of its commercial uses. Residential densities cannot exceed 20 dwelling units per acre and non - residential densities cannot exceed 2.0 floor area ratio. The subject property meets the lot size and road frontage criteria of the TC3 zoning district. Future development will be required to comply with the site development criteria of the zoning district. BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT LOCATION OF PROPERTY Aventura Land Ventures, LLC Aventura Land Ventures, LLC NE 207 Street at NE 30 Avenue See Exhibit #3 for Location Map SIZE OF PROPERTY Approximately 7.391 acres subject of rezoning request (total landholding is 7.391 acres including 1.459 acres of unopened rights of way abandoned by Resolution No. 2006 -61) DESCRIPTION /BACKGROUND The site is vacant land owned by the applicant and is comprised of seventy -seven platted lots in Blocks 17 and 18 of the Hallandale Park No. 8 plat, Tract 1 on the plat of Lauranna and Tract 1 on a replat of Hallandale Park No. 8. The landholding referred to in this report also includes the unopened platted right of way of NE 206 Street, part of the unopened platted right of way of NE 207 Street and two 10 foot unopened platted alleyways. On adoption of the City's Comprehensive Plan in 1998 and the Land Development Regulations in 1999, this property was designated as Business and Office on the Future Land Use Map and was zoned Community Business (132) District on the Zoning Map. K In 2006, the previous owner of the land applied to the City Commission for an amendment to the future land use map and for amendment to the Official Zoning Map to change the easterly portion of the site comprising 3.359 acres from Business and Office to Medium High Density Residential and from B2, Community Business District to RMF3A, Multifamily Medium Density Residential District. The future land use map amendment was approved by the City Commission through Ordinance No. 2006 -14. The zoning amendment was approved by the City Commission through Ordinance No. 2006 -15. This zoning amendment was approved on the condition that the owner record a covenant restricting the residential density to no more than 31 dwelling units per acre. The 2006 development did not proceed. The covenant required by Ordinance No. 2006 -15 was not recorded. Therefore, the RMF3A zoning did not become effective and the entire parcel remains as B2, Community Business District. The current owner wishes to develop a mixed -use project under the TC3, Town Center Neighborhood district regulations. In order to do so, the owner has requested a concurrent amendment to the future land use map to designate the parcel as Town Center to facilitate this request for rezoning to Town Center Neighborhood (TC3) District. Although no formal site plan has been submitted for review by the City, the applicant has presented its preliminary development proposal to the City Commission at the workshop meeting of May 16, 2013. The site plan application ultimately submitted must comply with the TC3 district zoning development criteria which includes provision of residential, non - residential, assisted living use, hotel and indoor or outdoor recreational uses in the Town Center. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South Properties to the East: Properties to the West: Zoning Business and Office and Medium High Density Residential Business and Office Business and Office Medium High Density Residential Business and Office Subject Property: B2, Community Business District Properties to the North: OP, Office Park District Properties to the South: CF, Community Facilities District Properties to the East: RMF3, Multifamily Medium Density Residential District K, 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: B2, Community Business District vacant office religious facility and school residential retail plaza Access — The parcel is bounded by NE 207 Street to the north, NE 30 Avenue to the east and NE 29 Avenue to the west. Conformity to City Comprehensive Plan — The proposed zoning amendment will conform to the City Comprehensive Plan upon approval of the concurrent application to amend the future land use map designation on this parcel from Business and Office and Medium High Density Residential to Town Center. The standards for reviewing proposed amendments to the Official Zoning Map, found in Section 31 -77 of the Land Development Regulations, are: 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 and Medium High Density Residential to Town Center. 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, which are residential to the east and non- residential to the north, south and west. 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. The location and size of the property meets the criteria for development of a TC3 zoning district development. 4. Whether or not there are sites available in other areas currently zoned for such use. 4 There are no other sites available in other areas currently zoned for such use. The TC3 zoning district was adopted by the City Commission on October 1, 2013. 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 shows an expected decrease in a.m. peak trips, an increase in p.m. peak trips and an overall increase in daily trips. Based on review of the applicant's traffic generation report by the City's Traffic Engineering Consultant, this increase in daily trips will not adversely affect traffic patterns or congestion provided that the applicant submits, as part of the site plan review process, a detailed Traffic Study that proposes access, circulation, safety and transit improvements to mitigate the expected increased trips. 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. A calculation of the impact on population density is shown in the table below. Property Location Lot Size Increase in Density Population Factor Overall Increase in Population NE 207 Street at 7.391 ac 20 du /ac 1.99 294 persons NE 30 Avenue (density limited by zone 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 applicant will be required to demonstrate, as part of the site plan review process, that levels of service specified in the City's Land Development Regulations are met. 8. Whether or not 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. '07 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 engineer has prepared traffic generation information relative to the previously approved development and the proposed amendment. The letter dated October 28, 2013 prepared by David Plummer & Associates is attached as Exhibit #4. Applications Land Use Daily Trips AM Peak PM Peak Area Category HourTrips Hour Trips 7.391 acres Previously Business & Office 5,878 528 536 Approved and Medium High Development Density Residential Proposed Town Center 7,336 465 625 Development As can be seen from the table above, the proposed town center land use designation generates decreased a.m. peak hour trips, increased pm peak hour trips and increased daily trips. The applicant will be required, through the site plan review process, to provide a detailed Traffic Study and to propose access, circulation, safety and transit improvements to accommodate the increased trips. School Impacts - The application has been provided for comment to the Miami Dade County Public Schools in accordance with the Interlocal Agreement entered into between the City and the Schools in February of 2003. Also in accordance with the Interlocal Agreement, the Public Schools has been invited as a non - voting member of the Local Planning Agency for this application. The School's Preliminary Concurrency Analysis dated October 18, 2013 is attached as Exhibit #5. This analysis notes that, at this time, all three public school levels, that is, elementary, middle and senior high public school, have sufficient capacity available for this proposal. Final determination of public school concurrency will be made by the School Board at the time of final site plan approval. 0 all BGRCow RADGLL & FERNAND EZ ZONING, LAND USE ANE> ENVIRONMENTAL LAW DIRECT LINE: 305 - 377 -6238 E -MAIL: mmarrergabrzoninglaw.com VIA FACSIMLE AND E -MAIL October 9, 2013 Ms. Joanne Carr Community Development Director City of Aventura 19200 West Country. Club Drive, 4th Floor Aventura, Florida 33180 Re: Amendment to Official Zoning Map re Waterways Town Square Dear Joanne: This law firm represents Aventura Land Ventures, LLC (the "Applicant "), with regard to an application to amend the City of Aventura Zoning Map and Future Land Use Map for the assemblage of properties at the SW corner of NE 207 Street and 30t11 Avenue (the "Property ") to be designated as Town Center in the Future Land Use Map and TC3 in the Zoning Map. The Applicant recently acquired the Property, which was the subject of prior approvals for City Place at Aventura. The prior project included a mix of residential and commercial uses and remains zoned 132 and RMF3A. The Applicants seeks to develop a true mixed use project, with a focus on some uses that have been identified as desirable uses by the Aventura community. These include a high quality Assisted Living Facility and a commercial recreation, as well as a hotel, retail, office and some residential units. On October 1, 2013, the City Commission adopted an amendment to its Land Development Regulations to create the TC3 zoning district, which the Applicant seeks to rezone to. Section 33 -77(f) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's Official Zoning Map. The Applicant's request addresses each of the standards as follows: Exhibit #1 01- REZ -14 SOUTHEAST FINANCIAL CENTER - 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 - MIAMI, FLORIDA 33131 PHONE. 305.374.5300 - FAX. 305.377.6222 - WWW.BRZONINGL4W.COM Ms. Joanne Carr October 3, 2013 Page 2 (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Presently, the Property is designated as Business and Office and Medium- High Density Residential on the Future Land Use Map. Concurrent with the rezoning request, the Applicant also seeks a redesignation to Town Center in the Future Land Use Map. With that requested designation, the proposed amendment would be consistent with the City's Comprehensive Plan. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The Property is generally surrounded by commercial uses to the south, north and west and with residential uses to the east. Therefore, a mixed use development would be compatible in the center of all of these uses. (3) The subject property is physically suitable for the uses permitted in the proposed district. The location and size of the Property make it especially suitable for a mixed use development, such as is contemplated with the TC3 zoning district. (4) There are sites available in other areas currently zoned for such use. The City does not really contain a current size with the available amount of aggregated parcels which would make a true mixed use development such as this feasible. More importantly, there are no areas in the City currently zoned for this use because the zoning district was just adopted on October 1, 2013. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. V Not applicable. (6) The proposed change would adversely affect traffic patterns or congestion. BGRCOW RADGLL & FERNANDEZ ZONING. LANM USE ANO ENVIRONMENTAL LAW Ms. Joanne Carr October 3, 2013 Page 3 Upon site plan approval, the Applicant will submit a traffic study, if required, to address any traffic impacts and would mitigate impacts as necessary. (7) 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. The Applicant does not anticipate any adverse impacts to the City's infrastructure as a result of its development of the Property. Nevertheless, these issues can be further reviewed upon site plan submittal. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. The Applicant does not anticipate any adverse environmental impact with the development of the Property. Further, the Applicant intends to incorporate some environmentally friendly elements to the project. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The development of this long- vacant parcel is only expected to enhance safety and welfare within the surrounding area. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377 -6238. Sincerely yours, Michael J. Marrero BCRCOW RADGLL & FERNAN DEZ ZONING, LANE> USE ANO ENVIRONMENTAL LAW RESOLUTION NO. 2006-61 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 206 STREET BETWEEN BLOCKS 17 AND 18 ON THE PLAT OF HALLANDALE PARK NO. 8, THE 10 FOOT WIDE ALLEYWAYS IN BLOCK 18 AND A PORTION OF THE 10 FOOT WIDE ALLEY ADJACENT TO LOTS 1 & 42 IN BLOCK 17 ON THE PLAT OF HALLANDALE PARK NO. 8 AND THAT PORTION OF NE 207 STREET LYING NORTH OF BLOCK 18 ON THE PLAT OF HALLANDALE PARK NO. 8 AND LYING 81 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF WATERWAYS BOULEVARD ON THE PLAT OF AVENTURA CORPORATE CENTER; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Applicant, Aventura Land Trust LLC and Aventura Land Trust 2 LLC, through Application No. 01 -AR -06, has requested abandonment of that portion of NE 206 Street lying between Block 17 and 18 on the plat of Hallandale Park No. 8, the ten foot wide alley in Block 18 and adjacent to Lots 1 & 42 in Block 17 on the plat of Hallandale Park No. 8 and a portion of NE 207 Street lying north of Block 18 on the plat of Hallandale Park No. 8 and 81 feet south of and parallel with the north line of Waterways Boulevard on the plat of Aventura Corporate Center, containing a total of approximately 1.466 acres; and WHEREAS the Applicant has proffered to the City the sum of $750,000.00 as an impact offset to compensate the City for loss of potential landscape corridor resulting from the abandonment of such rights of way and alleyways and the City Commission has accepted such proffer; and Exhibit #2 01- REZ -14 Resolution No. 2006 -61 Page 2 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Sect_ ion 1. Application No. 01 -AR -06 for abandonment of that portion of NE 206 Street lying between Block 17 and 18 on the plat of Hallandale Park No. 8, the ten foot wide alley in Block 18 and adjacent to Lots 1 8 42 in Block 17 on the plat of Hallandale Park No. 8 and a portion of NE 207 Street lying north of Block 18 on the plat of Hallandale Park No. 8 and 81 feet south of and parallel with the north line of Waterways Boulevard on the plat of Aventura Corporate Center, containing a total of approximately 1.466 acres legally described in Exhibits "A ", "B ", "C" and "D" respectively to this Resolution, is hereby granted as in the public interest, subject to the following conditions precedent: 1. That the applicant record a Unity of Title or Declaration of Restrictions in lieu of Unity of Title in form satisfactory to the City Attorney to join the abandoned rights of way and. alleys with the abutting land owned by the applicant, or, in the alternative, apply for and obtain a replat which combines the property and the abandoned rights of way and alleys as one parcel. 2. That the applicant record a covenant, in form satisfactory to the City Attorney, that the abandoned portion of right of way of NE 207 Street and the abandoned portion of right of way lying south of Waterways Boulevard be preserved as landscaped open space and maintained as such for perpetuity by the owner and that the only structures permitted on this portion of abandoned right of way be Resolution No. 2006 -61 Page 3 public amenities such as paved walkways, benches, fountains, lighting fixtures and trash receptacles. 3. That the applicant dedicate an easement to the agencies having jurisdiction over the existing water and sewer lines in the abandoned portion of NE 207 Street. 4. That the applicant provide to the City the proffered funds as described in the recitals of this Resolution. Section 2. The City Manager is authorized to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Vice Mayor Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Billy Joel yes Commissioner Bob Diamond yes Commissioner Michael Stem yes Commissioner Harry Holzberg yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2006 -61 Page 4 PASSED AND ADOPTED this 3r° day of October, 2006. ..i d of •• - ATT ,11 I • h30mCi� APPROVED AS TO LEGAL SUFFICIENCY: "� CITY ATTORNEY This solution was 9pd in Re Office of the City Clerk this _t day of , 2006. ' M L M760ff40 iii Exhibit A LEGAL DESCRIPTION: That portion of N.E. 206TH Street (Sunset Roulevord) being adjacent to Block 17 and Block 18 Hollandale Park No. 8 plat book 20, page 49 Public Records of Miami -Dade County, Florida, lying and being in Section 34, Township 51 South, Range 42 East City of Aventuro, Miami -Dade County Florida and being more particularly described as follows: Commence at the Southwest corner of Lot 26 of said Block 17; thence N00'56'26 "W along the west line of said Block 17, also being the east right -of -woy line of N.E. 29th Avenue (Harvard Avenue as shown on said plat book 20, page 49) for 76.88 feet to the POINT OF BEGINNING of the tract land hereinafter to be described; thence continue N00'56'26 "W along said east right -of -way line of N.E. 29th Avenue (Harvard Avenue) for 100.02 feet to a point of cusp; the following three (3) courses being along the southerly line of said block 18, (1) thence southeasterly along a 25.00 foot radius curve leading to the left through a central angle of 88'55'37" for an arc of 38.80 feet to a point of tangency; (2) thence S89'52'03 "E for 559.89 feet to a point of curvature; (3) thence northeasterly along a 25.00 foot radius curve leading to the left through a central angle of 91'00'27" for an arc of 39.71 feet to a point of cusp; thence S00'52'30 "E along the southerly projection of the east line of said block 18, said line also being the west right -of -way of N.E. 30th Avenue (Dixie Highway as shown on said plat book 20, page 49) for 100.02 feet to a point of cusp; the following three (3) course leading along the northerly line of said block 18, (1) thence northwesterly along a 25.00 foot radius curve leading to the left through a central angle of 88'59'33" for an arc of 38.83 feet to a point of tangency; (2) thence N89'52'03 "W for 559.77 feet to a point of curvature; (3) thence southwesterly along a 25.00 foot radius curve leading to the left through a central angle of 91'04'23" for an arc of 39.74 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: - This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami -Dade County, Florida. - Bearings hereon are referred to an assumed value of S89'52'03 "E for the north line of said Block 17. - Lands shown hereon were not abstracted for easements and /or rights-of-way of records. - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Lands shown hereon containing 31,029 square feet, or 0.712 acres, more or less. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, Sketch #297D- 153 -1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on February 24, 2004, an eets the Minimum Technical Standards as set forth by the Florida Board of ProfessionoT Suylveyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 47027, Florida Statutes. FORTIN, LEAS, By: Daniel C. Fortin, For Surveyor and Mapper, State of Florida. Drawn By DWF 17a d. No. 000600 297D -153 -1 [Plotted: 2/24/04 J INC., L83653 �( r - - - - -- ---- - - - - -- The Firm LS2853 DESCRIPTION, NOTES, & CERTIFICATION FORTIN, L EAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 168th. Street / North Miami Beech. Florida. 33162 ` Ph. 305 -653 -4493 / Fax 305 -651 -7152 I EXHIBIT !'A WATEpWAYS QOULEVggO CFENTER OF OF o scm r -el -a �, N.E. 207th STREET — — — — _ s cnoN 34 -st -4z I 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 I I I W W W >ID �l 1 ND o II II �ZI I W (L I HALLANDALE PARK NO 8 TRACT 1 I I la O W I PLAT BOOK 20 PAGE 49 I I LAURANNA II I PLAT BOOK 76 1 —Jcc Y = PLAT II —148 Q I fr Im 3 1 =F oz 19 18 17 16 15 14 13 12 10 9 1 25 24 23 22 21 20 I o Iva _ 41R=. °55'37" .00' S89 °52'03 "E I A =91 °00'27" 7 I S.80' 559.89 I I R= 25.00' g J I NORTHERLY RIGHT -OF -WAY LINE L_39.71 OF N.E. 206TH STREET 206TH STREET (SUNSET BOULEVARD _ I °56'26 "W SOUTHERLY RIGHT -OF -WAY LINE PLAT BOOK 20, PAGE 49) SDO °52'30 "E I OF N.E. 206TH STREET 100,02 y A =88 °59'33" W I zm 1 °04'23" ° � �4 � I I R= 25.00' <0 5.00' X559.77 "W {a {2 L= 38.83' 6D�W Im aI 9.74 HALLANDALE PARK NO. 8 I6I I 19 :a �I PLAT BOOK 20 PAGE 49 U aICL I Q 1 ° I `Z m 1 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 41 42 I 7RA�T t oa OI�- 0 ___ -- - -- -- - -� —J{ PLATEIOK40 I }IW^I H p to' ALLET ;5 RAT BOON T6 vra -9 PAGE 97 Q V � U r WIO1 z ----- T-------------- - - --�I I 3a I° 0 I POINT OF COMMENCEMENT zl �V a 25 24 24 22 21 20 19 18 17 16 15 14 13 12 11 10 9 I I 6 � � N I � ui II 1 0 ICI i w Y l Q aI 1 {I 7 I X g l �I W � {�► B ) ° g i IZ\-------------------------- 205TH STREET L , —NE P OME NOE 5nOP5— I--R -1— — \ PEA PUT BOp( 1JJ. P�GE'JD I I I THE PROMENADE SHOPS II I I PLAT BOOK 133, PAGE 39 I{ I I I I I II I I I I GRAPHIC SCALE I�TRACT "B"- AVENTURA JEWISH I I L J o 50 100 200 �I C ENTER - PLAT BOOK 147 PAGE 63 1 I PLAT BOOK N 147 PAGE 63 ( IN FEET) 1 inch = 100 fL Drawn By DWF SKETCH OF DESCRIPTION Date 2/24/04 'ad. No. 000600 S ' Ref. Dwg. 297D -153 -1 Plotted: 2/24/04 ca e 1 =100 Job. No. 040342 Dwg. No.1000A -035 -C Sheet 2 of 2 Exhibit B LEGAL DESCRIPTION: 10 foot alley within Block 18, HALLANDALE PARK N0. 8, according to the plot thereof, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami —Dade County, Florida, lying and being in the City of Aventuro and being more particularly described as follows: Begin at the Southwest corner of Lot 26 of said Block 18; thence South 89'51'13" East along the South line of Lots 26 through 42 of said Block 18 for 500.02 feet to the Southeast corner of said Lot 42, Block 18; thence North 00'52'30" West along the East line of said Lot 42 for 102.23 feet to the Northwest corner of said Lot 42; thence South 89'50'24" East along the South right —of —way line of N.E. 207th Street as shown on said Plot Book 20 at Page 49 for 10.00 feet; thence South 00'52'30" East along the Westerly line of Lots 7 and 8 of said Block 18 and also along the West line of Troct 1 of LAURANNA according to the plat thereof as recorded in Plat Book 76 at Page 31 of said Public Records of Miami —Dade County, Florida, for 204.46 feet to the Southwest corner of said Lot 8; thence North 89'52'03" West along the North right— of —woy line of N.E. 206th Street as shown on said Plot Book 20 at Page 49 for 10.00 feet to the Southeast corner of Lot 9 of said Block 18; thence North 00'52'30" West along the East line of said Lot 9, Block 18 for 102.23 feet to the Northeast corner of said Lot 9; thence North 89'51'13" West along Lots 9 through 25 of said Block 18 for 500.01 feet to the Northwest corner of said Lot 25; thence North 00'56'26" West along the East right —of —way line of N.E. 29th Avenue as shown on said Plat Book 20 at Page 49 for 10.00 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miami —Dade County, Florida. — Bearings hereon are referred to an assumed value of S89'52'03 "E for the north right —of —way line of N.E. 206th Street. — Lands shown hereon were not abstracted for easements and /or rights —of —way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Lands shown hereon containing 7,145 square feet, or 0.164 acres, more or less. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 297D -153. Drawn By . No. Ref. Dwg. Plotted: SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on March 29, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Rapper" FOR — �L-- - - -KIL LB3 y: — - -- ------ - - - - -- Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. DWF DESCRIPTION, NOTES & CERTIFICATION 040621 297D -153 9/14/06 10:50o FORuN, LEAVY, S MLES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305- 653 -4493 / Fax 305- 651 -7152 / Email ils flssnrvey_Com Date 3/29/04 Scale NONE Job- No. 040621 Dwg. No. 1004 -048 Sheet 1 of 3 GRAPHIC SCALE 0 40 80 160 EXHIBIT ''A" N cIN FEET ) 0 I inch = 80 It. R T H BISCAYNE WATERWAYS FIRST ADDITION PER PLAT BOOK 126, PAGE 18 LINE OF NE RIGHT TRWT UN[ OF NE 307 S1RttT _ SOUTH RIGHT -OF -WAY LIN4s89050'24"E STREET N E 207TH STREET PLAT BOOK 20 PAGE 41 0.00' N R/R 26 27 jI 28 29 30 31 32 33 34 35 36 37 38 39 40 41 0 cv k' Lr Z Y r POINT OF BEISINNING I I I I I I I I I I I I 10 0$ r Z O W SOUTHWEST CORNER OF LOT 26 SOUTH LINE OF LOTS 26 THROUGH 42 - L 89 °5 '13" Z 4 0 1c, _ b 500 2� SOUT EAST CO NER OF OT 42 URYPROK0 10' ALLEY fPEA P.B. 20. P0. 40 ! 89 °5 '13" 500 01' NORT EASTCO EROF T9 5a < N b SOUTHW EST CORNER OF LOT 26 NORTH LINE OF LOTS 9 THROUGH 25 W��o) 251 24 23 I 22 21 20 I 19 18 17 I 16 15 114 I 13 I 12 I 11 110 I?, 9 �¢o d p Mc) 1, � — WZ 1 1 1 1 1 1 1 X18 I I I I i l Ip� �WwL07' LOT 8 Q � L Z e a s --+ -- _ � t N.E. 206th STREET 0) N89 °5� 03 "W _ _ _ _ 10.00' _ N NORTH RIGHT -OF -WAY LINE OF I 8 N.E 206TH STREET W 1 I� 7T 7 PAGE r Z 26 127 128 1 29 1 30 I 31 I 32 I 33 I 34 I 35 1 36 I 37 1 38 I 39 1 40 I 41 142 I �— Z 2 cc l i l l l l l l l l Im) W IDrawn By DWF SKETCH OF DESCRIPTION Date 3/29/04 Cad. No. 040621 FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305 - 653 -4493 / Fax 305- 651 -7152 J Email fls @flssurvey.com Sale 1 „ -80, Ref Do. 297D -153 lob. No. 040621 Dwg. No. 1004 -048 Plotted: 4/1/04 Sheet 2 of 3 Exhibit C LEGAL DESCRIPTION: That portion of a 10 foot alley adjacent to Lot 1 & Lot 42, Block 17 Hallandale Pork No. 8 plot book 20, page 49 Public Records of Miami -Dade County, Florida, lying and being in Section 34, Township 51 South, Range 42 East City of Aventura, Miomi -Dade County Florida and being more particularly described as follows: Begin at the northwest corner of said Lot 1; thence S00'52'30 "E along the west line of said Lot 1 for 32.21 feet: thence N89'52'15 "W along the westerly extension of the southerly line of said Lot 1 for 10.00 feet; thence N00'52'30 "W along the easterly line of said Lot 42 for 32.22 feet to the northeast corner of said Lot 42; thence S89'52 "03 "E along the southerly right -of -way line of N.E. 206th street as shown on said plat of Hollandale Park No. 8 for 10.00 feet to the point of beginning. SURVEYOR'S NOTES: - This site lies in Section 34, Township 51 South, Range 42 East, City of Aventura, Miomi -Dade County, Florida. - Bearings hereon are referred to an assumed value of S89'52'03 "E for the north line of Block 17. - Lands shown hereon were not abstracted for easements and /or rights -of -way of records. - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Lands shown hereon containing 322 square feet, or 0.007 acres, more or less. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, Sketch #297D- 153 -1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on February 23, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61617 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. FORTIN, LEAVY, SKILES), INC., LB3653 l Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. Drawn By DWF Cad. No. 000600 297D -153 -1 (Plotted: 2/23/04 f DESCRIPTION, NOTES, & CERTIFICATION .FORTIN, L EAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Ph. 305 -653 -4493 / Fax 305 -651 -7152 EXHIBIT'wA'pwgys epVLEVgR , _ CENTER OF OF 207th STREET SECTION 34_51 -42 ---------------------- - ----- I I 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1 F �) 1 � I II I I i HALLANDALE PARK N0. 8 I TRACT 1 I I I PLAT BOOK 20 PAGE 49 I ( LAURANNA 11 PLAT BOOK 76 L------------------ - - - - -- I J — � PAGE 31 11 —� W I----------------------- - - ---� { II I 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 I I I1 1 Ul LOT 7 { > l ( I LOT 8 1 1 - L wl — N.E 206TH STREET S89 °52'03 "E _ 1_ PQjNT OF BEGINNING al SOUTHERLY RIGHT -OF -WAY LINE NORTHWEST CORNER OF LOT 1 _— — — — — — OF N.E. 206TH STREET — NORTHEAST CORNER OF LOT 42 PLAT BOOK 20 AT PAGE 49 Y) N00 °52'30 "W 1 SOO °52'30 "E � � �l I 32.21 ��- yyTT// EASTERLY LINE OF LOT42 2 1 ^t l HALLANDALE PARK N0. 8 N$9 °52'27 "W �) o awl ,V I V PLAT BOOK 20 PAGE 49 10.0 lo{ o { a 1 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 OI _ _ _ _ _ _ _ _ Wp}�r���RY EIR N N OF iH J *I i PU RACTK 140 I Wl(_ - - - - - - - - - VEN vlA -8001 20 - �9�UUIHtRLT E 1 2m51 PAGBE0097 zl I11 I 25 24 2� 22 21 20 19 18 17 16 15 14 13 12 11 10 9 11 ; 6 of W I 1{ I wl Z� i ICI 7 TI I--- — — — — — — — — — — — — — — — — — — — — — — — — — 8 / I I N.E. 205TH STREET L - - - -- PER P 800 -DE:P 79 f-R -1- - - I THE PROMENADE SHOPS I PLAT BOOK 133, PAGE 39 I I I j GRAPHIC SCALE 1— o so too zoo N ( IN FEET ) 1 inch = 100 IL Drawn By DWF 'ad. No 000600 Ref. Dwg. 297D -153 -1 Plotted: 2/23/04 -------- - - - - -_ II I TRACT "B" - AVENTURA JEWISH 1 CENTER - PLAT BOOK 147 PAGE 63 1 TRACT "C" I PLAT BOOK 147 PAGE 63 SKETCH OF DESCRIPTION FORTIN, L EAVY, SKmES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 188th. Street / North Miami Beach, Florida. 33162 Ph. 305 -653 -4493 / Fax 305 - 651 -7152 I >I QI I I Il�m U J F-IFMW 0 Is�a a�I �Ur I0 >a Z U I` I I I I I I Exhibit D LEGAL DESCRIPTION: A portion of land bounded by on the North by a line 81.00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, according to the plat thereof, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO. 8, according to the plot thereof, as recorded in Plat Book 20 at Page 49, all being of the Public Records of Miami —Dade County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the Southwest corner of Lot 26, of said Block 18; thence N00'56'26 "W along the East right of way line of N.E. 29th Avenue as shown on said Plat Book 20 at Page 49, also being the West line of said Block 18 for 76.87 feet to a point of curvature and the most Westerly Northwest corner of said Lot 26, also being the POINT OF BEGINNING of the hereinafter decribed parcel of land; thence Northeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 91'06'02" for on orc distance of 39.75 to a point of tongency; thence S 89'50'24" E along the North line of said Block 18 and the Easterly extension thereof for 474.99 feet to a point on a circular curve, concave to the Northeast and whose radius point bears N06'44'26 "E, the following two courses being along a line 81.00 feet South of and parallel or concentric with said North line of Waterways Boulevard; (1) thence Northwesterly along a 1519.00 foot radius curve leading to the right, through a central angle of 07'14'58" for an arc distance of 192.20 feet to a point of tangency; (2) thence N76'00'36'W for 290.40 feet to a point of curvature, thence Southwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 104'55'50" for an arc distance 45.78 feet to a point of tangency; thence S00'56'26 "E along the Northerly extension of the said East right of way line of N.E. 29th Avenue for 104.19 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 34, Township 51 South, Range 42 East, City of Aventuro, Miami —Dude County, Florida. — Bearings hereon are referred to an assumed value of S89'50'24 "E for the North line of said Block 18. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Lands shown hereon containing 25,382 square feet, or 0.583 acres, more or less. — Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch # 297D -153. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on May 26, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licens ry or and Mapper" FORTIN, V , S ES, INC., LB3653 By- - - - -- - -- Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. LEGAL DESCRIPTION Drawn By Acs DESCRIPTION, NOTES, & CERTIFICATION Date 5/26/04 ad. No.. Cad. No. 040621 -1 F ORTIN, LEAVY, S KILES, INC. Scale NO SCALE Ref 297D -153 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Job. No. 04 0621 DwB. No. 1004 -069 -1 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305- 653 -4493 / Fax 305- 651 -7152 / Email fls @flssurvey.com Plotted: 6/8/04 3:58p Sheet 1 of 2 EXHIBIT "A" 1 I 1 AVENTURA CORPORATE CENTER 1 PLAT BOOK 158, PAGE 47 A =104 °55'50' _ I Np R= 25.00' °F w reRwArs OF KAY L= 45.78' m BpULEVgROE i QD WATERWAYS B�O9U L W NORHTERLY EXTENSION TH p VAR D m A -7 01458-- EAST RIGHT OF 06" w ' a - I Q 0 - WNL E N.E. � 40' R= 1519.00W S 00 5'26 E L= 192.20 N 104.19' ' 0 N.E. 207TH STREET N 89 °5024 W 474. ' l 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 �-- lNT OF 26 A =91 °0 '02" NORTH LINE OF BLOCK 18 d1N NG I R =5.0`1 I 1 I I I I I I I 1 I 1 1 .- Z MOSTWES7/RLY L =39.75 jj�� L O K 1 8 F- z 1 NO T6, BLO CORNER OF 0IoN 26 p I I I I I O LOT 6, BL K 18 �L IfiN1 'AYI Lh11A1 iRD Vf� IArlt L_ JI Cr _fin EAST RIGHT OF I "I" T I [� �' I Jrq 1 F I 7 I J~ WAY LINE OF w P IN O FBI LA B O 2 Ply"�G 4 F— ¢ CL N.E. 29TH AVENUE � >I i s fU,?TH � I18 I I I I I I I I f I I I 7 =1 25 124 23 122 1 21 20 119 18 117 116 15 114 13 12 11 110 9 — \ N 1.� I —J ._1 � L I'I � _L_ I� 8 N O R N.E. 206TH STREET z( H TI 7 -7 T T F I TTTITI 1 0 GRAPHIC 50 SCALE 200 l 6 LIo Ii K I 117 I I I 1 1 ? -- 30 131 132 133 134 135 136 137 138 139 140 141 142 1 1- J __ ( IN FEET ) 1 inch = 100 It. SKETCH TO ACCOMPANY LEGAL DESCRIPTION Drawn By ACS Cad. No. 040621 -1 Ref. Dwg. i 297 -153 Plotted; 6/8/04 3:58p SKETCH OF DESCRIPTION F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305- 653 -4493 / Fax 305 -651 -7152 / Email ils flssurvey.com WIM W Z W Q 0 Co F Date 5/26/04 Scale 1 " = 100' Job. No. 040621 D-g. No. 1004 -069 -1 Sheet 2 of 2 1750 PONCE DE LEON BOULEVARD, CORAL GABLES, F LORI DA 33134 305 447 -0900 • FAX; 305 444.4986 • EMAIL: DPA @DPLUMMER.COM October 28, 2013 Mr. Victor Ballestas Integra Solutions 150 NE 2nd Avenue, Suite 701 Miami, FL 33133 Phone: 305- 774 -0110 Mobile: 305- 773 -5896 E -mail: vb@integrafl.com RE: ParkSquare Aventura Traffic Engineering Services - #13114 Dear Mr. Ballestas, The ParkSquare Aventura project is located on the south side of Waterways Boulevard between NE 29th and NE 30th Avenues in Aventura, Florida. Exhibit 1 shows the approved development program. The purpose of this letter is to conduct a trip generation comparison between the previously approved project for the site and the new development program. Exhibit 1 Approved Development Program Land Use Size Office 142,248 Square Feet Bank 4,923 SF Square Feet Specialty Retail 17,393 Square Feet Hotel 198 Rooms Coffee Shop 992 Square Feet Bowling Alley 18 Lanes Apartment 104 Dwelling Units Currently, the applicant is seeking to change the development plan. The proposed development program is shown in Exhibit 2. Exhibit #4 01- REZ-1 4 pa CORAL GAMES • FORT MYERS Mr. Victor Ballestas RE: ParkSguare Aventura Traffic En2ineerin Services - #13114 Page 2 Exhibit 2 Proposed Development Program Land Use Size Specialty Retail 34,429 Square Feet of Gross Floor Area Quality Restaurant 21,516 SF GFA of Gross Floor Area Office 151,601 Square Feet of Gross Floor Area Hotel 230 Rooms Apartment 145 Dwelling Units Assisted Living Facility 199 Beds A trip generation analysis was conducted to determine the trips generated by the previous development program compared to the proposed project. The trip generation analysis was based on rates and /or equations from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, and obtained using the TripGen 2013 software. Worksheets are provided in Attachment A. ITE recognizes that data obtained to establish trip generation rates and/or equations is collected at single - use, free - standing sites, and that mixed -use developments provide a potential for interaction of trips within the site, which must be accounted for separately. This will be a mixed -use project and the design will incorporate an internal road system to serve both automobiles and pedestrian and facilitate interaction of trips within the site, resulting in some satisfied on -site (internal trips). Internalization between the proposed uses was established based on the guidelines in ITE's Trip Generation Manual User's Guide and Handbook. Internalization worksheets are included in Attachment A. Research shows that a percentage of retail trips to and from a site are "pass -by " trips. ITE describes pass- by as trips "attracted from traffic passing the site on an adjacent street". Pass -by trips are already using the existing roadway network. Pass -by trips were established based on the guidelines in the FDOT's Site Impact Handbook. A review of transit availability in the vicinity of the project site indicates that several transit routes serve the area within 1 mile. A 5% deduction for mode split was used to consider other modes of transportation. Adjustments made to the trip generation estimates obtained using ITE trip generation rates Pa CORAL GABLES • FOR7 MYERS Mr. Victor Ballestas RE: ParkSguare Aventura Traffic Engineering Services - #13114 Page 3 and /or equations are consistent with the adjustments used in the traffic study performed for the previously approved land uses. Exhibit 3 provides a summary the trip generation summary for the approved and proposed site plans. Trip generation /internalization worksheets are included in Attachment A. Exhibit 3 Project Trip Generation Summary Scenario Weekday AM Peak Hour Vehicle Trips Weekday PM Peak Hour Vehicle Trips Approved Uses 528 536 Proposed Uses 465 625 Trip Difference -63 89 % Trips Reduction -12% 16% The results of the trip generation analysis show decreases in net new external vehicular traffic for the AM peak hours from the previously approved land use plan. An increase is anticipated on a daily basis and PM peak hour. Based on this, it can be concluded that the proposed uses will have no additional impact to the adjacent roadway network than those in the approved traffic study. We stand ready to provide any support needed for this project. Should you have any questions or comments, please call me at (305) 447 -0900. /Espinla, e. 4��'L PE Vice - President — Transportation Attachments w: \13 \13114 \tgen oct 28 2013 \parksquare aventura trip generation comparison letter_october 28 2013 docx CORAL GABLES • FORT MYERS it Oct uj U Q C A � 10 01 C a Q D 1- c v ►`- z J0 d �0 U a a Q u 0 0 n n x x t x x Y � C � r Y w n � n O C y�j O C ¢ a x °oT x of I x rl x a s� ;g .os F i F 9� n C C 0 n � 0 n 0 n 0 n a s� ;g .os F i F 9� n 3, y h � 32 E �o- m � �V. Ty� w is NJ o ¢ n � _ E 0 1' - 0 0 a s� ;g .os F i F 9� n O W r - X 10 rL 2 Z' m Z U) 20 m CL 0 N O N Ai- 11 ok, 9 C4 1.0 CL t2 -01 Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Park Square Aventura - Approved Phase: Description: Project Open Analysis Date: Date: 24 Hour AM Pk Hour PM Pk Hour Two -Way ITE:Land Use Volume Enter Exit Enter Exit 710: General Office Building 1716 223 31 40 198 142.248 Th.Sq.Ft. GFA [E] 912: Drive -in Bank 729 34 25 60 60 4.923 Th.Sq.Ft. GFA [R] 826: Specialty Retail Center 771 0 0 21 26 17.393 Th.Sq.Ft. GFA [R] 310: Hotel 1618 61 44 61 58 198 Rooms [R] 937: Coffee /Donut Shop with Drive -Thru 812 51 49 21 21 .992 Th.Sq.Ft. GFA [R] 437: Bowling Alley 600 34 22 17 10 18 Bowling Lanes [R] 220: Apartments 692 10 43 42 22 104 Dwelling Units [R] Total Driveway Volume 6938 413 214 262 395 Total Peak Hour Pass -By Trips 0 0 28 28 Total Peak Hour Vol. Added to Adjacent Streets 413 214 234 367 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes (Unadjusted for Internal Trips) Project: Park Square Aventura Phase: Description: - Proposed Project Open Analysis Date: Date: 24 Hour AM Pk Hour PM Pk Hour Two -Way ITE:Land Use Volume Enter Exit Enter Exit 826: Specialty Retail Center 1526 0 0 41 52 34.429 Th.Sq.Ft. GFA [R] 931: Quality Restaurant 1935 0 0 108 53 21.516 Th.Sq.Ft. GFA [R] 710: General Office Building 1801 235 32 42 206 151.601 Th.Sq.Ft. GFA [E] 310: Hotel 1879 71 51 71 67 230 Rooms [R] 220: Apartments 964 15 59 58 32 145 Dwelling Units [R] 254: Assisted Living 529 18 10 20 24 199 Beds [R] Total Driveway Volume 8634 339 152 340 434 Total Peak Hour Pass -By Trips 0 0 48 23 Total Peak Hour Vol. Added to Adjacent Streets 339 152 292 411 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation Manual, 9th Edition, 2012 TRIP GENERATION 2013, TRAFFICWARE, LLC Superintendent of Schools Alberto M. Carvalho October 18, 2013 VIA ELECTRONIC MAIL Mr. Michael J. Marrero, Esquire Bercow Radell & Fernandez, P.A. 200 South Biscayne Boulevard, Suite 850 Miami, FL 33131 mmarreroCct)brzoning law. corn Miami -Dade County School Board. Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross- Mindingall Susie V. Castillo Carlos L. Curbelo Di: Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta Pcrez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS WATERWAYS TOWN CENTER — No. 01- CPA -14 LOCATED AT NE 207 STREET AT NE 30 AVENUE, AVENTURA, FLORIDA PH2813100400889 — FOLIO No.: 2812340064610 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) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 147 multi - family units, which generate 26 students; 12 elementary, 7 middle and 7 senior high students. At this time, all three school levels 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 topiptact me at 305 - 995 -4501. L -432 Enclosure cc: Ms. Ana Rijo- Conde, AICP Ms. Vivian G. Villaamil City of Aventura School Concurrency Master File Sinc y / I M. Rodriguez, A. Director IIMR:ir Exhibit #5 01- REZ -14 Facilities Planning, Design and Sustainability Ana Rijo- Conde, AICP, Deputy Chief Facilities and Eco- Sustainability Officer 1450 N. E. 2nd Ave. - Suite 525 - Miami, FL 33132 305 - 995 -7285 - 305 - 995 -4760 (FAX) - arijo @dadeschools.net Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH2813100400889 Local Government (LG): Aventura Date Application Received: 10/4/2013 3:27:27 PM LG Application Number: O1- CPA -14 Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: Waterways Town Center Address /Location: NE 207 Street at NE 30 Avenue, Aventura Master Folio Number: 2812340064610 Additional Folio Number(s): PROPOSED # OF UNITS 147 SINGLE - FAMILY DETACHED UNITS: 0 SINGLE - FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 147 CONCURRENCY SERVICE AREA SCHOOLS i Seats O Facility Name 'Capacity -. Met 21 31 I(ELEM AVENTURA WATERWAYS K -8 CENTER 64 12 �0 iNO Current CSA COMP) 231 AVENTU WATERWAYS K -8 CENTER 0 0 INO Five EM COMP) �12 i Year PIanSA :1232 ,(MID AVENTURA WATERWAYS K -8 CENTER COMP) �-11 �7 �0 (NO Current CSA 232 AVENTURA D COMPWATERWAYS K -8 CENTER 0 7 0 NO ��i Current CSA Five Year Plan 26241 HIGHLAND OAKS MIDDLE -5 [ -10 NO Current CSA 6241 HIGHLAND OAKS MIDDLE IO 10 NO Current CSA Five Year Plan 7141 DR MICHAEL M KROP SENIOR Y —�7 -284 r7 I0 �N0 Current CSA r-- F— Current CSA Five 7141 [DR MICHAEL M KROP SENIOR 0 F7 �NO Year Plan ADJACENT SERVICE AREA O I 2441 jVIRGIN�IA A BOONE HIGHLAND OAKS 1ELEMENTARY 35 12��— 12 Adjacent CSA 6023 ANDOVER MIDDLE 140 —YES 7 YES Adjacent CSA 7381 _ , IMIAMI NORLAND SENIOR __I7 580 ^� _ v_ (' 17 r1YES Adjacent CSA *An Impact reduction of 19.5% included for charter and magnet schools (Schools of Choice). IMDCPS 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 be made at the time of .pproval 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 PurSUard to Section 31= 71(b)(2)(i) of the City of Aventura Land Development Cote, thts Applicant Representative Affidavit is hweby math•; and subrnitied. The undersigned authorized representative of the individual or entity applying fix the Development Perrnil, which iS identified in the accompanying applit ;aliiui, and the owner of the property subloct to the application (if t�fferenl) livreby lists and identifies all persons represrottlrig the individual or entity applying for the OPVeiolWNm 1. Permit in uonntcHon with pie application, as follows, Name W a,( r� (-6 Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) r (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICA'T'ION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLET irvlTNESS `l'` ,±JAI THIS nt t, __D DAY OF .. - 20 ?z NNTHUfIZE6 REP TAJE OF APPLICANT: OWNER o _ �L�4�&ra5. ,)�(� Name M."- rr rxrt/ Address. STATE OF FLORIDA ) < < COUNTY OF MIAMI -DADE) Sefr,re me the undersigned authority personalty appeared__as - - d e thorized representative of file Applicant and/or the owner of the property su p�e`Tdb)ecl to the application, who being first by uly swear or affirm that he /she executed this Affidavit for the purposes stated therein and that it is true and correct. 11 f 1 ' ,Plk SWORN TO AND SUBSCRIBED BEFORE ME this —day off_ Notary Public State of F' a AI rg Printed Name of Notar3�! _�_ My commission yRr e�r,�, p� - x •COMP !SSIU?I !7 EE 202515 A. EX, TES: h4i Ar 29, 201E rrnr�,Fi `° S`rti1Nd.Ar1h�NPIOTARY.corn BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Avent'ura .Land Devolopmenl Coda. The undersigned Afriant hereby discloses that, (mark with 'xable portions only) j A.ffiant does not have a Business Reationship with any mernbar of the Gity COmmISStrI or any City Advisory Board to which tae 'Ipplica(ion will be presented_ j 2. Affiant hereby discloses that it does have a Business Relationship with a me "niber of the City Cormmission or a City Advisory Board to which the apphcal =on will be presented, as follows. (List name of Commissioner or Advisory Board Member) wt o serves on the (List City Commission or City Advisory Board upon which member servesj. The naturo of the Business Relationship +s as fd!ows. J i. Member of City Commission or Board holds an ownersh r interest in excess rif 1% of total assets or capital stock of Applicant o=. Rexeser,tative; j ii Mernber of City Cons ?n ;" -;0n Ur Board is a partner, co shareholder (as to sharos of a Corporation which are not listed on arty nalional or regional stock exchange) or joint vonurrer with the Applicant or Representative in any business venture } ifi. The Applicant or Representative is a Client of a member of the City Comrnissron or Board or a Ctient of another professional working from the same office or for the sarr:e employer as the member of the City Commission or Board, j iv. A City Crnmrn;ssioner or Board mernl er is a Client of the Applicant o€ Representative, v The .Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) arty transacts more that, $10,000.00 of the'nusiness of the meinbor of ttte City Cornmission or Board (Or his or he+ en3)loyerj in a glver*. calendar year; 11 vi The rnernber of the City Commission or Board is a Customer of the Applicant or Representative and transacts rnore than $25,W0.00 of the business of the Appllc "or Repfi;5enfAl'Ve in a,gjven calendar yoal. N'TNESS.krhY- ND TM" �~' DAY OF ��i�r .. ,_..., ._ TN 2 ..f APf'LI,0NT: /° ; � `.`',�y?o�r.kao Fa'' Iranda r B Cot ISSIG;' F?' � _(Signarurel ���r; F j Name: _a'�+,,.!�..,._ lPiinl) Title,. M.0rrI. /p,Int) .,,rfn-,,' �, ,•., ! n 1 WITNESS MyjjAND THIS �.�! DAY OF .`:iivr „'% Jnao Pauln� .Mira By: _, Name: Title ' PW terms '8uti11105s %etahr)rr,ir;P,” 'Client,° "Cusforner;" "Appiawrt" "Representative" and "Interested Person" are de5rred in Section 7- .'1,95 of Me A✓errtu a City Cade. WITNESS MY HAND THIS DAY OF REPRE5ENTATI (Listed on Business Relationship Affidavit) By - (S�jnxwe) Name 1. -'., - -A -- 14 6( r t(6 tPoli) Title, &l 4-j rlv- .yj By N Title: (P,00 By (oalufr) Nq Name, . ........... ...111..1. . .... �.. (Plall) 1111 ._(Prirtf} By--- - - ----- - ------------ . . ...... Ift _- 11_1__1_- .- _--- -_ Title-- . .. .. ........ . .. .......... 2A3 By Name: T'lle: By: Name: Title: Byi, Narne Title: Title: Title: By: Title: By By: (nalwe Title: le. Title: 11.1----,----.--,- (PTOI) Title: _-(Print) NOTE 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiantq art 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 in(�)rjnation provided is the A I'llidavit bcoornes incorrect or NOTARIZATION PROVISION STATE OF FLOWDA CCIJ14T'Y OF INIIAWDADE) Befrxe me, the undersigned ALAhOhly, P6(Sonal,ly appease the Affarit, who being 6(sl by me duly sworn, are swear or affirm ttiath.e,,sbe exacuted this AtfidavA for !he purposes slated therein and that it is tore and rormot AFFIANT SWORN TO AND SUBSCRkK-.D before methis aqdayolVIN - ---------- - ------------ ------ SWE'(W FLORIDA COUNTY OF `,0K011-OADL-) I# fae me. the undeisigned authority, WSonally appeared h4lot executed this Affdavil f. Ina purposes stated therein and That it is true and ccri-ect STATE OF FLORIDA Notary Public =State of Florida Ramos Diana Ramos la Corn MCommission EE01122134 My Commission EE082284 Not�ayPubk late' 0 Florida At Large "Alt, I Expires 014/10/2015 Y-i,6�,U � - -, Printed Name of Nolay My comm'ssion exases ---------- /,,) d' who bel, q ft y ly sw ri, do swear c4 Awn that hel.she Pnrled Name of Nolary My commission expires Notary Public State of Florida Diana Ramos n 4-4-, 7 MYCOmmissionEE082284 0 Expires 04/10=15 T Ur q Before rne, the undersigned authority, personally appease ,," I () the AfMnt being first by fne duly sworn, did or allym _ ....... D be that he/she executed 8iis Affidavit for the Dmrposes stated therein and that it is buo and (,.orft,.q AF 44A SWORN 70 AW SUHCRIFED before me this day of 2 15 Notary Public State of Flc;hda�zt 11, Printed NameofNolay- :3,j AV My ST AT E, OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigiied authority, personally appeared the Affo,il, who being first by me duly Iwom. did swear of affirm. hatbeishe oxmailed !tats AfIjdavVortt?epurposes Stated lhefeiri and [Inatilis Luean.d coirect. AFFIANT S'vV017N TO AND SUFISCRIBkD before ine this day of 200 Notary Public State of Florida At Large Printed Name of Notary My commission expires,- BUSINESS RELATIONSHIP AFFIDAVIr This Affidavit is made pursupnl to Section 31- 71(b)(2.)(ii) Of tfie City of Avealura Lanai Devotoprntiat C+ fin iht? unttersiflm d Affiaw Irrrreby dtSCtoses that: (mtt A whir ° 'app .atr♦e po 1 orFS only) it Affiat I tick„• � have a Business RPIAttonship with any member Of Iim (aly GOMmi -16 c, of arty „iiy Ativcsory Board to wt11GtT the ripphrafrar will be presoolnd 2 Affianl hereby disd i¢R that a Business Relationship mlb a rne:nitV of hp, City Canassca or a City Advcaory Beard 10 which ttiR a,piietinri wip he prosenlait, as t <+!loays or A.dmory Board AA:.;rnbar) vtjo serves on the 1%101y Cornmiw,,"! OF Oily Advi" f3r')atd utxin whrCh fnprrbo! .serves) The native, at the: Business Rnlstuinsh p s its follows ((t Memtler of City Commissrnn or Board hcuds an twarnrshyl intetmi to exceNss (A I % of tcA81 assets or capital sloe of Anptir:arit or Re[K ©scattlative; 1 ii, Menit* of City Commission or Board is a patloer, r.o- srtarebokf9r (as to sha-s of a co?porafion which are not listed on any national or regional stock exchange) or jolttt venhirur wiilr file Apfrlicam or Retiresentativo m any buginess venture: I ii. The Applicant or Representative is a Ckertt of a member of Nu? City Comm +ssror•: or 9owd or a (Bent of anoBtar professional wcAing from the same tyflce a for the saute employer as tie ineruiNlr of the city Crinmrissiorr of Board, ( j tv A City Cornrnussioner or Board mere, ," is a Client rN the AVirant ry Representahve, 11V The Appi care to Representative is a (,usurer of the ntenirei of the City Comntissm (it Board (nr Of his Or her em)iayer) and transacts more than $ 10.000 00 d Iha business of itre r»aanber of file crly Comrrus"wn or Berard (or his or heF omptoya) in a given Calendar year IN The member of the City Commisson N Boan1 is a CtQ00ler of the Applicant tx Represemative and Iransacls niom IhAn $25.f1Ct0.00 of Uie busirims of Ito Applicant or Ropresent7tive 0 a given calendar yea¢, ITNE$S IAY HAfNO THIS z .. DAY QF 1 _ _ . f}. lfl 13 ThF'Pt l • ___..._..___._ tJigr�slydel WITNESS MY HAND THIS ._____ DAY OF .,...,_ ._.� 700 PROPERTY 0WNER Dy Name: _._ _ . _..__._. __... _ (Ptk$) Tiffe.. _ /Penn 'fine terms 'Y39sAYess h'eiHtiOnship, ` 'CHatrG" 'Customer. ` iyJt�lu�tnt, ° h'e�resenreltve" and 'rntevested It,3011" we de/iired in S[:'Uion 2 -395 01 #w ANemura City ( ode NOT KI —ZA �1 gt�tRQYL� k?�, rA FI �> 1 1 (PICA i., WY 'V WAIAVDe�)l� Nilge old, the xitnmiy, ,*,,SfYw;Y 8I),*WeoDt%A:F#/1fA 01wAffiAm v, t;ev, swl*yn. dd, ?--em <ii aff-im Ulm fie-sho awfirAv" ShYltd vwe" amnfhmof AFrA sm, 1,iij da) 0I fm " N Wry Put>k StaW --f F"01ir.1a 0 OW "t . . Susan P Kay SUSanp Kay tdyar'd%K9taledty 47a ti,argC t, I my cari-Imnswor, LE 1600S MY C-'- .6toy_, LE '06,20,6 EXPIMS G4106J2016 x IF& "I"finiod Niom N W" My LA I t, Of- R 0[41(.IA ,)UNT' Of MIAMI -I)Aj),1 I Wive fro" file Fvdau'pee, doholty Poscomlly Mopoevieff d.4 r { him �rc N�Jnq PHI 13Y nw- �iiy I ei�ecuiw Pws Atkis,01 k, !he TAff"t stated Itwisn juvi Thal 0 n, tiu# after jnecl Ilim I"vNfc Afl-;ANT SWORN TO AM) rirt Ini; day of 2w. NNNY PqW SW6 Of FICM041 A4 tMcc- Pooirirl NA(fa 0 Nowt My commismro, niepy" S(A'i N CLORIa4h CIOU T`i OF MIAMI [W)C') pfifvc Trio ln(e Ulide, 5,vvio aultiorily. Pv*soqajr appoW oxoailM Nis Affidavit foi lie wfiposas st4IPd thor0l &-,dthatit is W6 andcoriol SWORN IT) 0 btfA,o oili. MY of lIie ANam Af' bpo'4J lin" by me Ouly $'Wll 0VJ ',W(iw 01 etin'll That itc-101, 4 v iww, Nvaly Printed rfm O oI iqotoy MY arnmisSIrp Axpr": ,,TAIE OF 4LORIOA .M4rv,X MIAMI L k-) lie[Ole 4`1101 11% inVersigred oulknority. pefsonorly app+.wwl the Aftani, w ft biting first by n,.o duty RwDfm did swear (y jfhr"j glot jKVsh,, oc Ued ti m,,; Aftidao ki; !tie purVAts stmod Njcun and Met q it true � dad rof ( AFPiAut SWORN TO AND SUHSCRIOU-1) hakuo,m, oi;s, d4DYOI Nmry PbDk Stara Of FlondxAltape PfFmviiisvne of Nowry My oovimssion oyp its WIN ` '5 AdV �AN`J 1HIS j. DAY OF f���" .......... ... ?9fr "t�� 1.3 PRESENT WE srness Reimrnshti7 AilidaV3, NOTF t) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplemew this Affidavit pursuant ttr ( 1f -I b)(7 (iv) of Itie City's Land Oew—loprnent Rrgctlaut-Im in tire. C'ily Code_ in the event Ihal prior ro Cttnsideratioet Cifr the application b.y the City Hoard ur Comrnitision, the inhumation prravided In the Affidavit hccomcs invoirect or ticomplete, BY .... _ . _ _ _ ... (.iu}nul,rrx, Na,;,t.tf/"{za7��f�nrtj' Name- rPrmlt Tile Frlte r1'�rr`tfi BY• __ ... _ _.. . !Sri t31tfl; i BY Nacre m..__..I�fut {1 Name _, i +lle _ __. J- Ifulfr By (Sn�nilurr') BY _ __w uJrrtfurc Name _.__... (� anJ Name T rlk ' ,- - –_ .. _ .... • __ (f'rinll Title: _. _..._ _._ ff ItntJ ICY Title, -., ..._ _..__18rrtlti T41I . TINA_ _, f1'nr,tl Tilie (F �rr31f BY _ .. _ .. _. _ _ (Srgtr7urr?1 BY . TOW TiPP .__..._ .. __.._ , (f�rmti Title 1Yru7r} By . _.._.._. _.....,iSif�ti�lrrrf +j Hy' fits •.._. __.,..____ __ . - -- t�ultJ TIle fife _. _...._...__ _ _ .�.,•. f1;'rr,lJ Title NOTF t) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplemew this Affidavit pursuant ttr ( 1f -I b)(7 (iv) of Itie City's Land Oew—loprnent Rrgctlaut-Im in tire. C'ily Code_ in the event Ihal prior ro Cttnsideratioet Cifr the application b.y the City Hoard ur Comrnitision, the inhumation prravided In the Affidavit hccomcs invoirect or ticomplete, wnw!�wrH�D���y NAY mm$ wfidaw Hy By wnmp womo Title Obil) By i"S�91wfulo) Tum ________ ____oflfiy Title ._ ..... _---_-_-/Pr0t/ uv---_-_--__--_-___-�w�«m� Title: _____-~ Title- JPrinj) By i"S�91wfulo) Tum ________ ____oflfiy Title'. n� By Name �__---�---�---/�»� By, 6glaw womo Title'. By____� -__ Title: _____-~ Title- JPrinj) av 6glaw Tmm RY:___--_________����mm Title Title woTc 1) Use duplicate sheets K disclosure irwmmmwn for 8xp*mnm`vwvaries � ffiam, are odvi�edm,im=h,vN«""neo this Affidavit »unmw"mX"..H'n(b)(2Vi,>o[ mr ot)`x Land D*v,*,mm"t Rmmwmo in the Ci/yC*b� in /fivm,m that prior /^**mW*n'ino nrou mm|icm^"or the City goa^ v,Commimm"/x~i0W,wmiomvro,ideUi^ the *nlid",,onnmes inomeuv, NOT R TiON ' .Qyj�10N f Aft OF I t.ORIDA } fCt.INTY Or MIAMI -DAL1E.1 % j / Jelae mo. the �nd� +signed auRortly, persmeliy appeared 1 U� the Affient who f e�wt) firs" I ore r s jn :'rfd swear of aKrm that ncxhn aAe,-,uled this Alf dtmi ix 919 Pritpow Stated 916r0m 811d that it is IPA and (xxrect ROSARIP R_ AER IDES nFFlntar Notary 1� Ik • SI �g1 �f Ior10l tan ?ItN ro AN( ti�oaNfi E�rOMstf�f [1.204, �.� Commission ! EE 1373231' lion 10 Thro* National Noisy Asu. Now Public Slele of da rg6 knead Name of Notary My wrom!sslorl expaex.. ............. _... , STATE OF FI OMA ) GS)IINTV Of MIAMDAL)E} Before nie d1c c,ndomgned milhorlly, Poisonally aop6ared .._. ... .., bus Altkaal, who being blot by me duly swan diet swear 0! affnm Thal I +elsfse exac ndo 11tis ANidavd lo, file purposes staled thardin and Thal d is true aw correct AFFIANI' StNOf1N TO ArA) St1(iSGRIBGf.) prf xe me this day of Notary Pu c State of F bode At Large Printod Noma of Notary My commission expires. ,. _,.... ............ ... . -_, __ ....................... ...................... .. S I ATE, Or IlORIDA I COUNTY (If' MIAkll DADf y Bolore. me, INt undorsgw.cl aathorcly, persoaaily appeared _ ._._ ..... ._.. ._ ... tie Af6nM, who beirsg fist by me duly ymrn, tld aweAx a Affirm that hehhe oxemrted Lhts Affidavit fxx [tie purposes statai Ihore t) and that it is WC and corm .._ . .. .. . .. R(f IANT _- . _. SWORN TU AND SUBSCRIBED Wkwe one this ,, __ . doy of _ -, 200., NdPq Priblic $lato of Fltatda At Large Pooled NArua ai Notary My corttnzitfon expires:_... ._. .sTI.TE OF l' ORIDA GOUNTY Of MIATAI DAM) Beloro nto, the undorsoed aulluity. Personefty appearcnl „ the Aftanl, who being first by the duly sworn did swear ra affirm The, hofsfle erecutttrl this Affatavit 4)r the purposes Stated Usoroin And prat d is bus and carel;l. SWORN TOAND SUBSCMDE- )belorawhiva. _day of - 200. AFFfANT Noary Pubk State of ..._ Florida At Large Protect Nyne of No63ry My canrrrsalar nxixrns;, ...,_., .._.. ORDINANCE NO. 2014- 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 7.391 ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO TC3, TOWN CENTER NEIGHBORHOOD DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura Land Ventures, LLC, through Application No. 01- REZ -14, 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 ") on NE 207 Street at NE 30 Avenue, as legally described in Exhibit "A" attached hereto, from B2, Community Business District to TC3, Town Center Neighborhood District; and WHEREAS Ordinance No. 2006 -15, adopted on October 3, 2006, had rezoned the easterly 3.359 acre portion of the parcel from B2, Community Business District to RMF3A, Multifamily Medium Density Residential District, with a condition precedent which was not fulfilled and therefore that rezoning was not effective; and WHEREAS, due to the non - effectiveness of Ordinance No. 2006 -15, the zoning designation of the entire parcel remains B2, Community Business District; and WHEREAS, part of the 7.391 acre parcel subject to the rezoning request contains unopened public rights of way abandoned by Resolution No. 2006 -61; and WHEREAS, Resolution No. 2006 -61 abandoning said unopened public rights of way was adopted with conditions precedent which have not been fulfilled to date; and Ordinance No. 2014 - Page 2 WHEREAS, the applicant has proffered to record a covenant acknowledging that it will fulfill the conditions of Resolution No. 2006 -61; and WHEREAS, the City Commission concurrently with this rezoning application has considered small scale Comprehensive Plan amendments to change the future land use designation of the easterly 3.359 acre portion of the Property from Medium High Density Residential to Town Center and to change the future land use designation of the westerly 4.032 acre portion of the Property from Business and Office to Town Center (01- CPA -14); 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 furthers the health, safety and welfare of the City. Ordinance No. 2014 - Page 3 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 7.391 acre parcel of land located on NE 207 Street at NE 30 Avenue with legal description described in Exhibit "A" to this Ordinance, from B2, Community Business District, to TC3, Town Center Neighborhood 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. Effective Date. This Ordinance shall be effective immediately upon the completion of both of the following: (1) the effective date of the small scale Ordinance No. 2014 - Page 4 amendments to the Comprehensive Plan (01- CPA -14) for the property subject to this application; and (2) upon recordation by the applicant of the proffered covenant regarding fulfillment of the conditions of Resolution No. 2006 -61. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED on first reading this 5th day of November, 2013. Ordinance No. 2014 - Page 5 PASSED AND ADOPTED on second reading this 7th day of January, 2014. 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 January, 2014. CITY CLERK LEGAL DESCRIPTION: Lots 7 through 42, Block 18, HALLANDALE PARK No. 8, including the ten (10) foot alleys that ore South of a line 81.00 feet South of and parallel /concentric with the North right —of —way line of Waterways Boulevard, lying within said Block 18, according to the Plat thereof, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami -Dade County, Florida, AND Tract 1, LAURANNA, according to the Plat thereof, as recorded in Plat Book 76 at Page 31 of the Public Records of Miami —Dade County, Florida. AND A portion of land bounded by on the North by a line 81 _00 feet South of and parallel or concentric with the North line of Waterways Boulevard as shown on AVENTURA CORPORATE CENTER, according to the plat thereof, as recorded in Plat Book 158, Page 47, and bounded on the South by the North line of Block 18, HALLANDALE PARK NO. 8, according to the plat thereof, as recorded in Plat Book 20 at Page 49, all being of the Public Records of Miami —Dade County, Florida, lying and being in the City of Aventura and being more particularly described as follows: Commence at the Southwest corner of Lot 26, of said Block 18; thence N00'56'26 "W along the East right of way line of N.E. 29th Avenue as shown on said Plat Book 20 at Page 49, also being the West line of said Block 18 for 76.87 feet to a point of curvature and the most Westerly Northwest corner of said Lot 26, also being the POINT OF BEGINNING of the hereinafter decribed parcel ' of land; thence Northeasterly along a 25.00 foot radius curve, leading to the right, through a central angle of 91'06'02" for an arc distance of 39.75 to a point of tangency; thence S 89'50'24" E along the North line of said Block 18 and the Easterly extension thereof for 474.99 feet to a point on a circular curve, concave to the Northeast and whose radius point bears N06 "44'26 "E, the following two courses being along a line 81.00 feet South of and parallel or concentric with said North line' of Waterways Boulevard; (1) thence Northwesterly along a 1519.00 foot radius curve leading to the right, through a central angle of 07'14'58" for an arc distance of 192.20 feet -to a point of tangency; (2) thence N76'00'36 "W for 290.40 feet to a point of curvature; thence Southwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 104'55'50" for an arc distance 45.78 feet to a point of tangency; thence S00'56'26 "E along the Northerly extension of the said East right of way line of N.E. 29th Avenue for 104.19 feet to the POINT OF BEGINNING. AND That portion of N..E. 206th Street bounded on the North by Block 18 and bounded on the South by the center line of N.E. 206th Street and bounded on the East by the West right —of —way line of N.E. 30th Avenue (East Dixie Highway) and bounded on the West by the East right —of —way line of N.E. 29th Avenue (Harvard Avenue), all being as shown on HALLANDALE PARK No. 8, according to the Plot thereof, as recorded in Plat Book 20 at Page 49 of the Public Records of Miami —Dade County, Florida. F4 11 f u LEGAL DESCRIPTION (Continuation): Lots 1, 2, 6, 7, 8, 9, 1 1 , 24, 25, 26 and 27, Block 17, HALLANDALE PARK No. 8, according to the Plat thereof, as recorded in Plat Book 20, Page 49, Public Records of Miami -Dade County, Florida. TOGETHER WITH those portions of adjacent vacated alleys and NE 205th Street, to the centerlines thereof, vacated per Resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami --Dade County, Florida. ALSO TOGETHER WITH the South '/� of the adjacent portion of vacated N.E. 206th Street on North, and a portion of a 10.00 foot alley, as vacated and abandoned by that certain Resolution recorded November 14, 2006 in Official Records Book 25093, Page 478, Public Records Miami -Dade County, Florida. AND Tract 1, of Block 17, of REPLAT OF A PORTION OF HALLANDALE PARK No. 8, according to the Plat thereof, as recorded in Plat Book 40, Page 97, Public Records of Miami -Dade County, Florida. TOGETHER WITH adjacent portion of vacated alley to the centerline thereof as vacated by Resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami -Dade County, Florida. AND Lots 10, 12 through 23, inclusive, and Lots 28 through 42, inclusive, Block 17, HALLANDALE PARK No. 8, according to the Plat thereof, as recorded in Plat Book 20, Page 49, Public Records of Miami -Dade County, Florida. TOGETHER WITH those portions of adjacent vacated alleys and NE 205th Street, to the centerlines thereof, vacated per resolution recorded August 21, 2000 in Official Records Book 19247, Page 4677, Public Records of Miami -Dade County, Florida. ALSO TOGETHER WITH the South 'h of the adjacent portion of vacated N.E. 206th Street on North, and a portion of a 10.00 foot alley, as vacated and abandoned by that certain Resolution recorded November 14, 2006 in Official Records Book 25093, Page 478, Public Records Miami -Dade County, Florida. 6B I WEDNESDAY,OCTOBER 23,2013 el LOCAL&STATE Miamtkeeald corn I MIAMI HERALD FLORIDA PRISONS Suspects targeted in prison escape •FDLE official said and those who"helped One key to the case may be a convicted motel where Jenkins and are also investigating who they're Batting a bettor guide" the documents Walker were apprehended may have harbored or Idea of now two thtagb the otange county forger who was in the same prison as the They had been on the helped escapees after they convicted killers were Clerk of Courts office, two escapees. loose since they were erne were freed,officials said able to walk out of fall. where the fraudulent doer neously released from the The scheme used in the ments in the release of two prison on Sept 27 and Oct prison break has prompted BY JEFF WEINER, Central Florida killers fast cooperate,weilhavethe an- Nashaddai was quickly 8,respectively. policy changes at the Flesh AARON DESLATTE surfaced series we demand sooner recaptured and later see- Authorities have said the da Department of Correc- ANDARELISR.HERNANDEZ The Clerk's Office is• rather than later,"Bailey tear to prison and housed par were awaitingtraospor- time and within the Orange odanor senonel -significant(onus of the said,adding that tips and in Franklin Correctional In- anion out of the state when County Clerk's office. Authorities investigating investigation' leads continue to come in stitution—where at least law officers captured them. Meanwhile,state politicians the escape of two Orlando- The update comes and FOLE is offering a (our other inmates linked to Some members of Jenkins have called for hearing to area convicted killers have FDLE agents have identified $10,000 reward for informs- the phony documents,in- and Walker's family mem- determine wherethe system "uncovered key facts and a total of seven instances in Lion.Attorney General Pam eluding Walker and Jenkins, hers have been cooperative broke down targeted several suspects," which inmates are suspect- Bondi's office also pledged were also housed in the investigation,Bailey Bailey said FDLE discuss- the Florida Department of ed of attempting to escape an additional SI0,000 for One ether inmate at the said ed the fake orders with state Law Enforcement commis- using forged court dome- tips Gulf Correctional Institu- The Orlando Sentinel has attorneys in the summer but sioner said at a news confer- ments,including convicted The POLE commissioner Armin the Panhandle was in learned that the Florida De- the scope of scheme had not ence in Tallahassee killers Joseph Jenkins and for the first time linked a the process of obtaining fal- partment of Corrections risen to the level its at now. "I can assure you that our Charles Walker. known forger to the case: sifted documents for an at- and several other agencies Meanwhile,the two es- investigation is moving for- Bailey said Jenkins and Nydeed Nashaddai, a tempted escape.Bailey said were aware,months before capees were moved to the ward."FDLE Commissioner Walker,who were wrongly 48-year-old Pinellas Park that case did not originate in JenhinsandWalherescaped, Orange County Jailllxesdey. Gerald Bailey said,adding released and then recap- man accused of stealing and OrangeCeuntyas three oth- of a near-identical attempt Walker was convicted of that this case is a'top priori- turgid Saturday in Bay Coro- cashing checks who was ers had to escape by a poisoner us- second-degree murder in ty for FDLE" ty, are not cooperating" briefly released from the Pi- Bailey said agents have ing forged documents the 1999 shooting of Cedric However,he added that with the investigation."In nellas County Jail in Octo- seized computers and a Bailey said Sunday his Slater,23.Jenkins was im- no new arrests were law enforcement terms, bar 2009,after a document printer from the inmate li- agents are investigating poisoned for the 2998 f t- unnunent. they've lawyered up,"he was filed with the local brary at Franklin as well as whether prisoners paid degree murder of Bosco Bailey said his agents and said clerk's office stating his an iPad and cell phone someone$8,000 to prepare Pugh.a28-yearold father of others are"determined"to "Should they choose to charges hadb en dismissed found at the Panama City the fake documents.Agents six.during a home invasion. SEAWORLD I POLITICS Still under wraps: Crist told to stay away from funeral park's safety steps BY ADAM C gBTN Mrs.Young said she also Tana Bay Times - emaited Pinellas County BY PIE SCHNENHA Dawn Branchean killed in Ahost of dignitaries from Commissioner Charlie Jus- Assocated Prea February 2010 when a six- Washin gtoo to Ace and Si,Petersburg aw- ORLANDO—A federal ton killer whale,Tdikum. to Tampa Bay will be en .✓ yen.Jessica Ehrlich—both agency is refusing to re- pulled her into a pooL hand to honor the late US Democrats who ran against lease SeaWorld's new safe- Agency officials said Rep.C.W.Bill Young at his • I / her husband—telling them ty protocols for trainer in- they worry they could be memorial service Thursday. they were unwelcome at the [erections with killer held criminally liable for But one politician won't memorial service. whales despite a judge's releasing trade secrets. be welcome at Most Baptist -BILL SPECIFICALLY ruling that they are not Under federal law,a feden Indian Rocks:Charlie Crist ' said he didn't want his me- trade secrets al government worker or Young's widow,Beverly ' ,4 morial service to be a plat- The Occupational Safety contractor could face up to Young,emailed the former - form for local politicians to and Health Review Com- a year in prison for=law- Republican governor and work the crowds He's tight. miwionhasrefusedoomelte fully disclosing trade se- Hbelyfunaeeoranocearicgu- It's not only wrong it's dis- public the SaWaald safety mess Afew of the lawyers bernatorial nominee,in- awweyu rsi....NW gusting to see that happen," ' protocols almost a month here were concerned strutting him to stay away. LAST WISHES:A memorial UNWELCOME:Charlie Crist she said."HE GAVE me the after a deadline for their about whether the agency Charlie: for Rep.Bill Young will was told not to come by names of the people he public release could potentially be held This e-mail is to officially be held on Thursday. Young's widow. wished wouldn't show up, TheAssociated Press on liable fm releasing the pro- advise you that your peo, that was lust three and we Mondayfikda Freedom e( t owls"agencynpobesman once at my husband's memo- political gain... summoning Young and 0th- both'mow l dont care about Information Act request Melik Ahmir-Abdul said rialrervices win be uwccepr- Sincerely, er potential candidates for political correctness so I with the agency seeking A federal judge in Au- able.I have watched over rho Be erly YOtartg Crist to appoint tothe unfit, took it upon myself to honor the protocols.They ex- gust denied a request from years as Bill had,your trans- Widow of Congressman fished term of US.Sect Mel his wishes.I've been at ma- plain the safety measures SaWodd to keep the pro- prrent attempts to...ripe. Big Young Martinez.Young showed up ny political funerals and hs- that SeaWneld tesosms are tocols secret,saying the late the political arena.1 Precisely what caused the in sneakers and a baggy po- sewed to locals sanding in now taking when interact- company had failed to es- don't want myteasbmd's me- had blood was not immedi- to,asil Crist hadinterupted groups panning their strat- ing with killer whales fol- tablish that its safety pro- =Hat service to be another ately clear,though some his lawn mowing,and told a egries.Cod gave people lowing the death of trainer toots are a trade secret. opportunity for that and 1 Young allies were turned off surprised Gov.Crist that he souls,but some don't know will otroterateanyone tom- with the way Crist in 2009 had no interest in the to take advantage of that CITY OF AVENTURA ins this into a platform for held a cattle call of sorts, appointment God given gift' . NOTICE OF HEARING OF LOCAL PLANNING AGENCY WEST PALM BEACH A N D FBI raids doctor's office again AND NOTICE OF AMENDMENT BA politically actions by the FBI are yet ymous tipsters allegations beesand hishnvaesseshavr TO OFFICIAL ZONING MAP Connected eye doctor another in a series of iap- that Melgen had arranged contributed more than ry rA..a.a r has had his office propriate, overreaching prostitutes for Menendez in S450000 to state and federal remcr o°"t 0,5.xr.ra 5.813 a am a•s a rr a raided for the second steps taken by the govern. the Dominican Republic. candidates since the early rarmmendOun mva,a ame sapsaarw•••• ost time this year. meat in their campaign Melgen could not be 19906 according to federal tea MT w rrrwA xaaA llNwa are against Dr.Melgen,his med- reached for comment Ties and state records.More than NI OS ream vwi tone car n aNnwana is WM N BY GEORGE BENNETT ical practice and his repute- day,but both Melgen and 90 percent of the money has our oesaiadan.rte A 1E9 oat none w UM MORO w Pam scar'Pon von"said attorney Manew Menendez previously de- gone to Democrats,many of le zor rata Ai w m.nano oat naraaaac Nana WEST PALM BEACH— I.Meanhel hied any wrongdoing,and them from Florida °A11Q•••fir eat For the second time this An FBI spokesman con- Menendez has blasted the During Menendez's 2012 COOMBESSIVE rusrtsaws.ca°rc ssTw orreers.,.......osse year,agents from the FBI firmed that agents were allegations about the prosli- reelection bid,Melgenfami- ce A aoxz on rescoi or tort roman ON ie m sane fir to and federal Department of conducting"law enforce- tutes as"smears" ly members gave 115,000 to •Aerws.acer°"."..........•onwn".""...° Health and Human Services meat activity"at the site but The Palm Beach peat re- his campaign,$30,000 to the ar.an,xwsscseaua. oarmrorawrarn raaw.r visited apolitically connect- declined further comment, ported in February that Mel- NewJerseyDeOomticPar- rarawsamu*otrauaarneenewaNtwrair ed doctor's office andre- the action is art of gen had invested and some and$60.400 to the Demo- nunanauwsrAruy woos:orarwawme:mr an. C1e an saying ty w.aro omwm aaloa Demo- moved tees of records. °ragoi°g investigation."removed times lost million of dollars craric nee.Senatorial Campaign net eso_ About 15 to 20 agents After the FBI removed 30 over the years on various Committee came to Dr.Solomon Mel- boxes of documents and investments. Menendez has aclmowl- aaaonnmeee•urnaamrwnrynwwrr gen's office Tuesday morn- other material from Mel- Melgen,58,an ophthel- edgedconactingUS.health wawazaraaew nomnasm.wI arN and t about three d in January,the mologist who was born and agencies to question their .nyntoaaraa,13AEA aGaranesma a iaa g Pen Benin g qu wan-a-_so .t ......RYw s rBawww hours into loading m,The e park- in Washington a Miami reported l de- raised,lives the Dominican ae- billing id a dispute es and poa- mrn•tamme ax,mrarm men rte anaar m rte ran boxes into a van The park- in grand racy a Miami fede- public,liv 2.•home sin des amid a Bind berween al cane"'"wawa osnm.ewer ma wtaAaam, tog lot was taped off and ar- al grand jury was investigat- praised at$2.1 million in Melgen and federal rsslrvs rte Irlrla In.lw Caw:MMgNG as w patients were told US.Seo,Bob Menendez, Captain's Landing near authorities. fIHLiM DATE riving %seao seed,frown man.. the appointments were catisW for his role in advo- North Palm Beach, And And Menendez was akry canceled eating(the business inter- He has offices in West sponsor of a natural gas bill The office was also the eats of Melgen,a wealthy Palm Beach,Wellington, that could have aided a Mel- targetofafedvalraidiojan- donor and friend of the Port St.Lucie and west of gee investment in a Florida 'rasa.,a vary.Melgen,a North Palm senator. Delray Beach. company that markets a MC ore fir Beach resident•has not been The investigation began He also is chairman and conversionsystemfornatu- charged with any with two disparate issues, founder of Yom.an online ral gas truck engines • J1 wrongdoing. according to people familiar news site catering to His- Menendez also was corn- Mel gen's attorney ac- with the matter who spoke panics in the United States pulled to reimburse$81000 _ - _ cased the government of with the Washington lost. Court records show an for two flights tothe Domin- "retaliation"because Mel- First,auditors had been outstanding lien ofSALI mil- i an Republic aboard Mel- ' - s gen fled a lawsuit against reviewing allegations that lion against Melgen from gent private jet for personal • _ HHS Secretary Kathleen Se- Melgen was fraudulently the Internal Revenue Serv- trips in 2010 that he previ- beaus in August as per of a overbilling Medicare for ice.A previous IRS lien for ously had failed to report, dispute over Medicare treating his patients. 56.2 million was released in which prompted scrutiny by • ,,,"a..w",a..r payments. Then.in the fall,the FBI 2011. the Senate Ethics "Unfortunately,today's began looking into an anon- Melgen,his family mem- Commina mmsaean moo"ss me.areas a ne••earaeaawwrr La7 am.au.n..,.rM a•"'+w own,r amour rte Fen•w.sr err tea.cmiraxee son.,-man roar w raw soar aresae.b*Oa Mar moo ram r,rw•ne....Fr,wwrewa.. ST.PETERSBURG nu NM wn,na roll WWI nn.Inrarrrortsa nktta.o. Savanna roan,UM en.era CY ws.awry ta.r err TMn°w awa"a.rrrw r.¢iwra:rrwmc air Coast Guard seizes 1,500 pounds of cocaine awawin'resat In to Ort$1.0OINISIR In ileenntenCe iti/arrows w aawNAaa aRrl•—wow Msaiatto Pre. Florida an Tlaadap of a suspicious 3S-foot ves- er tested positive for co- no soar owner n Paw.a r e U.S.Coast Guard crews The TampaBayT®es re' seL came. "":atom anwarue•awmrrOa"*.0-0 S, offloaded about 1,500 pound that the cone has Once the Coast Guard The haul of cocaine was o ore•in,re.,H.,a::OUO[NS ewANSa•.r pounds of cocaine in St.Pe- an estimated street value of Cutter Venturous arrived, seized as pan of a Depart- " fry""r°°'°"wawa'aedwaaa'"roNte tersburg that was seized $23 million. the crew aboard the vessel meat of Homeland Security rw1%;as.•+rs>rmrarrraNrr e n wave.roes Mem,mirrasrar public.of the Dominican Ro- According news r lr •crews overt throwing packages meat operation law to Poee- xra�ro wa..aFrwaaa.rw'w pudic. Guprddewsrelease,mhe overboard Rent operation S.Virgin nr azwa 5 if w asses. The cocaine was seised responded to a oft fmmthe The Venturous crew re- Rico and the U.S.Virgin Sena a.s.aa MCC*OA Oct.H but was.faded in Coast Guard near San Juan covered 28 bales,which at- Islands.