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04-03-2018 Regular Commission Meeting Agenda City Manager City Commission Susan L.Grant Enid Weisman,Mayor Robert Shelley,Vice Mayor City Clerk Denise Landman,Commissioner Elllisa L.Horvath,MMC Dr.Linda Marks,Commissioner i Gladys Mezrahi,Commissioner City Attorney Marc Narotsky Commissioner G_ Weiss Scrota Helfman Howard Weinberg,Commissioner e�✓ G ,.nQ,� Cole&Bierman CITY COMMISSION MEETING AGENDA APRIL 3, 2018 6:00 p.m. Aventura 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. SPECIAL PRESENTATIONS: • "State of the City" — Mayor Enid Weisman • Employee Service Awards • School Reports • Legislative Updates: State Senator Daphne Campbell State Representative Joseph Geller City Lobbyist Ronald L. Book 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission,that item must be removed from the Consent Agenda and considered separately. 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: • March 6, 2018 Commission Regular Meeting B. 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 FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Agenda April 3, 2018 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-02-28- 2, CITY OF AVENTURA ELECTRICAL MAINTENANCE SERVICES TO UNIVERSAL ELECTRIC OF FLORIDA, INC. AND HORSEPOWER ELECTRIC, INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING A RANKING OF PROPOSALS FOR RFP NO. 18-02-13- 2, CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence,will be made under oath or affirmation. Additionally,each person who gives testimony may be subject to cross-examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTIONS/PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 171(b)(6) OF THE CITY CODE FOR REDUCED NUMBER OF PARKING SPACES; AND VARIANCE FROM SECTION 31-171(d)(2) OF THE CITY CODE FOR REDUCED NUMBER OF LOADING SPACES; AND VARIANCE FROM SECTION 31-221(k)(2) OF THE CITY CODE FOR REDUCED WIDTH OF BUFFER STRIPS; AND VARIANCE FROM SECTION 31-221(k)(3) OF THE CITY CODE FOR REDUCED SPACING OF PARKING LOT ISLANDS, ALL FOR THE AVENTURA HIGH SCHOOL (AKA DON SOFFER AVENTURA HIGH SCHOOL) TO BE LOCATED AT 3151 NE 213 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A KOSHER LIQUOR PACKAGE STORE LOCATED IN THE COMMERCIAL PLAZA TENANT SPACE AT SUITE A-1, 3565 NE 207 STREET, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Meeting Agenda April 3, 2018 7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: None. 8. ORDINANCES—SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None 13. ADJOURNMENT (Meeting Agenda Updated 3/29/2018) FUTURE MEETINGS* COMMISSION MEETING—APRIL 19,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION WORKSHOP—APRIL 19,2018 FOLLOWING 9 AM MEETING EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION MEETING—MAY 1,2018 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—MAY 17,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk,City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. Page 3 of 3 Ponald L Book, P R 19W 01�1(U alorfflloppl NSS9{EM 2018 Session Final Report After a two-day extension to complete the budget, budget related bills, and the tax cut package, the Legislature adjourned, Sine Die, March 11, 2018 at 4:16 pm. Included in this report is a summary of legislation that affects local governments that was considered during the 2018 Regular Session. Should you have any questions regarding budget information,legislation,or legislative action,please do not hesitate to call or email us. BUDGET UPDATE: The Governor officially received the budget today, 3/14, and is required to act within 15 days, however,he is expected to act quickly. Below is an update on the budget funding request. ➢ Aventura -NE 183rd ST Seawall Restoration Improvements—Funded: $200,000 LEGISLATIVE ISSUES: The list below indicates bills that passed or did not pass, and is for quick reference of bills contained in our weekly reports throughout Session,that affect local governments.Following this list is a more comprehensive summary of each. Should you need further information,please do not hesitate to ask,we are happy to provide further detail on these or any other issues of interest to you. PASSED: • Workers'Compensation Benefits for First Responders: Passed(Governor must act by 3/27) • Linear Facilities: Passed(Governor must act by 3/24) • Taxation: Passed(has not yet been transmitted to the Governor as of 3/14) • Opioid/Controlled Substances: Passed(Governor must act by 3/29) DID NOT PASS: • Dockless Bicycle Sharing preemption • Firefighters • Impact Fees • Vacation Rentals preemption • County and Municipal Public Officers and Employees • Community Redevelopment Agencies/Community Development Districts • MPOs Metropolitan Planning Organizations • Government Accountability • Emergency Power/Nursing Home and Assisted Living Facilities • Red Light Cameras • Beach Re-Nourishment • Local Tax Referenda • Election Dates • Tree,Timber,and Vegetation Trimming and Removal • Local Government Fiscal Transparency 1 • Interruption of Services • Parking Garages Back-In Parking Preemption • Public Records ➢ BILLS THAT PASSED: Workers'Compensation Benefits for First Responders: SB 376 by Senator Book and HB 227 by Representatives Willhite and Plasencia CS/SB 376 as amended in committee, revises workers' compensation standards for determining benefits for employment-related mental or nervous injuries of law enforcement officers, firefighters, emergency medical technicians,paramedics, and first responders. The bill revises eligibility and benefits for mental and nervous injuries involving first responders and occurring as a manifestation of a compensable injury,as provided in s. 112.1815,F.S.,by providing for the payment of indemnity as well as the current medical benefits for mental or nervous injuries unaccompanied by a physical injury. Such a mental or nervous disorder must be demonstrated by a preponderance of evidence. Currently, the evidentiary standard is clear and convincing evidence. Further, the bill authorizes the payment of medical and indemnity benefits pursuant to ch. 440, F.S., to a law enforcement officer, firefighter, emergency medical technician, or paramedic who experiences PTSD unaccompanied by a physical injury if all of the following conditions are met: • The mental or nervous injury resulted while the law enforcement officer, firefighter, emergency medical technician,or paramedic was acting within the scope of employment and the person witnessed a murder,suicide, fatal injury,child death,or arrived on a scene of a mass casualty incident;and • The mental or nervous injury is demonstrated by a preponderance of evidence by a licensed psychiatrist to meet the criteria for PTSD as described in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. CS/SB 376/HB 227 has passed, and has been transmitted to the Governor,who must act on this bill by 3/27/18. Final version of bill: http://flsenate.gov/Session/Bill/2018/376/BillText/er/PDF Taxation: HB 7087 by Representative Renner The bill reduces $168.6 million from General Revenue, with $71.2 million in recurring cuts and $97.4 million in tax cuts for the 2018-19 fiscal year. Sales Tax Holidays: • A three-day "back-to-school" holiday for clothing, footwear, school supplies, and computers from August 1 through August 3,2018 • A seven-day "disaster preparedness"holiday for sales of specified items related to disaster preparedness from June 1 through June 7,2018 Property Tax: • Creates ad valorem relief tax abatement for certain owners of real property damages by Hurricanes Hermine, Matthew,or Irma: o Property taxes will be abated based upon the number of days the property was uninhabitable. A minimum of 30 days of inhabitability are required o Valuation is reduced by disaster differential 2 o Requires property owners to file applications, under oath, for the tax abatement; failure to timely file waves the abatement o Provides for appeals for the denial of the abatement to the Value Adjustment Board o The tax collector must reduce the taxes levied on the parcel in 2019 by an amount equal to the disaster review credit. Provides for carrying forward of the credit created by the abatement to future years if it exceeds payment due o Applies retroactively to January 1,2016 o Will reduce the tax revenue of local governments • Clarifies the property tax treatment of multiple parcel buildings • For surviving spouses of disabled ex-servicemembers;updates the list of military operations for which deployed servicemembers may receive property tax relief • Provides for future legislative appropriation to offset reductions in ad valorem tax revenue for fiscally constrained counties and any taxing districts within them • For property tax purposes,provides property tax relief for certain citrus processing equipment idled due to citrus greening or Hurricane Irma Sales Tax Exemptions: • Tax rate reduction for tax on commercial rentals(business rent tax) from 5.8 to 5.7 percent, effective January 1,2019,which results in an estimated reduction of$12.9 million in the first year from General Revenue and a $31 million • Provides sales tax exemption for industrial machinery and equipment purchased for aquacultural activities at fixed locations • Exemptions from documentary stamp taxes for certain transfers of property between spouses and for certain notes and mortgages given for loans made in connection with local housing finance authorities • Exempts from sales and use tax generators purchased for use at nursing homes or assisted living facilities from July 1, 2017, through December 31, 2018. (Limited to a maximum of $15,000 in tax for the purchase of generators for any one facility) • Exempts from sales and use tax the purchase of fencing materials for repairs of fences on agricultural lands damaged by Hurricane Irma. The exemption runs from September 10,2017,through May 31,2018 • Exempts from sales and use tax building materials used to repair nonresidential farm buildings damaged by Hurricane Irma. The exemption runs from September 10,2017,through May 31,2018 Fuel Taxes: • The bill exempts motor fuel purchased by a terminal supplier who resells the fuel to an exporter • It extends the natural gas tax exemption until 2024 • It reduces the aviation fuel tax rate for air carriers who conduct scheduled operations or all-cargo operations Other Items($35.0 million) • Exempts Housing Finance Authority-related notes and mortgages from the excise tax on documents • Exempts transfers of property between spouses in the first year of marriage from the documentary stamp tax • Changes mileage restrictions on trucks used to haul forestry products and agricultural products • Requires the H.Lee Moffitt Cancer Center and Research Institute to report how the cigarette tax distribution is spent • Requires sports franchises, the professional golf hall of fame, the International Game and Fish Association World Center facility,and spring training facilities to report how the money received from the sales and use tax distribution is spent • Raises the Community Contribution Tax Credit Program cap from $10.5 million to $12.5 million for Fiscal Year 2018-2019 and to$13.5 million for Fiscal Year 2019-2020 for projects that provide housing opportunities to certain persons and households 3 • Increases the total amount of tax credits for the rehabilitation of brownfield sites from $10 million to $18.5 million for Fiscal Year 2018-19 • Redirects$1.5 million in court fees to the Miami-Dade Clerk of Court • Authorizes additional uses of Tourist Development Tax revenue for certain water-related improvements, and for infrastructure to support tourism businesses • Provides that the Taxpayer Rights Advocate in the Department of Revenue must report to the state's Chief Inspector General and may be removed from office only by the Chief Inspector General • Provides for fiscally constrained counties and Monroe County to be reimbursed for loss of property tax revenue due to abatement of taxes on damaged homestead property • Provides for fiscally constrained counties to be reimbursed for loss of property tax revenue due to the reduced value of citrus processing equipment HB 7087 passed in the extended days of the Session,on Sunday, 3/11. Opioid/Controlled Substances: SB 8 by Senator Benacquisto CS/SB 8 is a wide ranging, comprehensive bill that addresses issues surrounding the opioid crisis. The bill works to increase the regulation,training, and reporting required when prescribing and dispensing controlled substances. The bill does the following: • Requires all prescribing practitioners who are authorized to prescribe controlled substances to complete a two- hour training course prior to biennial licensure renewal on the safe and effective prescribing of controlled substances,unless such practitioner is already required to take such a course by his or her practice act. • Defines"acute pain"as the normal,predicted,physiological,and time-limited response to an adverse chemical, thermal, or mechanical stimulus associated with surgery, trauma, or acute illness. The term specifically does not include pain related to: o Cancer; o A terminal condition; o Palliative care to provide relief of symptoms related to an incurable,progressive illness or injury;or o A serious traumatic injury with an Injury Severity Score of 9 or greater. • Provides restrictions on certain prescriptions written to treat acute pain by: o Requiring applicable health care regulatory boards to create guidelines for prescribing controlled substances for the treatment of acute pain. o Limiting a prescription for an opioid listed in Schedule II to no more than three days if prescribed to treat acute pain as defined. This limit is increased to seven days if determined to be medically necessary by the prescribing practitioner and with proper documentation. o Requiring a prescriber to co-prescribe an opioid antagonist when prescribing controlled substances for serious traumatic injury. • Requires clinics that are exempt from the requirement to register as a pain management clinic to obtain and maintain a certificate of exemption from the Department of Health (DOH). These provisions take effect January 1,2019. • Requires pharmacists and dispensing practitioners to verify a patient's identity prior to dispensing controlled substances. • Conforms an exemption allowing health care practitioners to dispense controlled substances in connection with a surgical procedure to the limits on prescribing established for Schedule II opioid medications. • Creates an exemption to allow a physician to dispense Schedule II and III controlled substances approved by the United States Food and Drug Administration(FDA) for the medication-assisted treatment(MAT) of his or her own patients. • Explicitly authorizes electronic prescriptions for controlled substances. 4 • Adds and reschedules substances to the various schedules of controlled substances. • Substantially rewords the Prescription Drug Monitoring Program (PDMP)with changes including,but not limited to: o Including Schedule V controlled substances in the list of drugs that must be reported to the PDMP; o Requiring prescribing practitioners to consult the PDMP before prescribing controlled substances with certain exceptions; o Allowing the DOH to coordinate and share Florida's PDMP data with other states' PDMPs and to enter into contracts to establish secure connections between the PDMP and prescribing or dispensing health care practitioner's electronic health records; and o Allowing prescribers and dispensers with Veterans'Affairs,the military,and the Indian Health Services,and Florida medical examiners access to data in the PDMP. • Increases the penalty from a 3rd degree felony to a 2nd degree felony for a patient or health care practitioner who knowingly obtains or provides a controlled substance that is not medically necessary. • Creates anew 3rd degree felony for unlawfully possessing and using tableting or encapsulation machines. The bill also provides appropriations for the Fiscal Year 2018-2019 as follows: • $27,035,532 in nonrecurring funds is appropriated from the Federal Grants Trust Fund to the Department of Children and Families (DCF) for expenditures related to the second year of the State Targeted Response to the Opioid Crisis grant. • $14,626,911 in recurring general revenue funds is appropriated to the DCF for community-based services to address the opioid crisis,including,but not limited to MAT. • $5,000,000 in recurring general revenue funds is appropriated to the DOH for the purchase of emergency opioid antagonists to be made available to first responders. • $6,000,000 in recurring general revenue is appropriated to the Office of State Court Administrator for MAT of substance abuse disorders related to the criminal justice system. • $873,089 in recurring and$117,700 in nonrecurring general revenue funds are appropriated to the DOH for improvements to the PDMP. HB 21 passed,and has been transmitted to the Governor,who must act by 3/29. Linear Facilities: HB 405 by Representative Williamson and SB 494 by Senator Lee. The Florida Electrical Power Plant Siting Act(PPSA)and the Florida Electric Transmission Line Siting Act(TLSA) establish centrally coordinated review processes for state and local permitting of specific electrical power plants and transmission lines. Under the PPSA, an application for certification of a site for a power plant and associated facilities must include a statement on the consistency of the site, and any associated facilities that constitute "development,"with existing land use plans and zoning ordinances. Further,the PPSA and the TLSA authorize the establishment of conditions in an order granting certification,though both state that they do not affect in any way the ratemaking powers of the Public Service Commission(PSC). The bill amends the law to reflect the interpretation and implementation of the PPSA and the TLSA that was applied prior to the Third District Court of Appeals' Miami-Dade County decision,effectively eliminating any precedential value from that decision.The bill addresses two issues: (1)application of local land use and development laws in a siting proceeding;and(2)the authority of the siting board to order a transmission line to be installed underground. The bill amends paragraphs 380.04(b) and (h), F.S., which contain the exclusions from "development" discussed above. The bill provides that the exclusion for construction on established rights-of-way applies to established 5 rights-of-way and corridors and to rights-of-way and corridors to be established.It also provides that the exemption for the creation of specified types of property rights applies to creation of distribution and transmission corridors. The bill makes identical changes to s. 163.3221, F.S., which provides definitions for use in the Florida Local Government Development Agreement Act. HB 405/SB 494 has passed,and has been transmitted to the Governor,who must act on this bill by 3/24/18. ➢ BILLS THAT DID NOT PASS Dockless Bicycle Sharing: SB 1304 by Senator Young and HB 1033 by Representative Toledo Senator Young, on the last days of Session, filed a dockless bicycle preemption amendment (bar code 350078) to SB 1287,the omnibus transportation bill,but ultimately withdrew the amendment. This amendment differed from the legislation filed,in that it only preempted bicycle sharing company regulation to the state,in s. 334.355,F.S. The dockless bicycle preemption bills,HB 1033/SB 1304, did not pass. This would have created a new section, s. 331.851,F.S. that would have set into statute a regulatory framework for bicycle sharing companies operating in the state and would preempt any local governmental entity from limiting or preventing bicycle sharing companies within their jurisdiction that demonstrate compliance with all local laws and regulations applicable to other similar businesses seeking to do business or presently doing business within the jurisdiction. SB 13 04/1-113 1033 did not pass. Firefighters: SB 900 by Senator Flores and HB 695 by Representative Latvala SB 900 requires fire service employers of full-time firefighters to offer cancer insurance coverage to its firefighter employees.These agencies would be allowed to provide coverage through purchased insurance coverages or a self- insurance program. The bill would not affect workers compensation claims. The bill provides defmitions and establishes benefits to be made available to firefighters following the diagnosis of cancer if certain conditions of employment service are met. SB 900/1-113 695 did not pass. Impact Fees: HB 697 by Representative Miller,and SB 324 by Senator Young The bill as drafted would: • Prohibit local governments from requiring payment of impact fees prior to issuing a building permit. • Codified the requirement for impact fees to bear a rational nexus both to the need for additional capital facilities and to the expenditure of funds collected and the benefits accruing to the new construction. • Require local governments to designate the funds collected by the impact fees for acquiring, constructing, or improving the capital facilities to benefit the new users. • Impact fees collected by a local government may not be used to pay existing debt or pay for prior approved projects unless such expenditure has a rational nexus to the impact generated by the new construction. • Exclude fees charged for connecting to water and sewer systems • Prohibit local governments from imposing costs or expenditures in a specific area plan or related development order, and creates requirements and deadlines for a local government to review, process, and decide on applications for a specific area plan or related development order. This part deals specifically with 163.3245 - Sector plans. • The bill would not have restricted the amount of revenue local governments may raise, but would in effect, delay payments,potentially into a later fiscal year. 6 HB 697/SB 324 did not pass. Vacation Rentals: CS/SB 1400 by Senator Steube and HB 773 by Representative La Rosa As last amended in committee, the bill would have authorized local governments to only regulate activities that arise when a property is used as a vacation rental, as long as such regulations apply uniformly to all residential properties. Also, the bill kept the current preemption that local governments cannot prohibit vacation rentals or regulate the duration or frequency of vacation rentals,and keeps the current grandfathering provision which allows for any local government's regulation of vacation rentals on or before June 1, 2011. Lastly,the bill states that the local government can change duration or frequency regulations, as long as the changes are less restrictive. Additionally,there were provisions regulating sexual predators and offenders staying at a vacation rental. SB 1400/HB 773 did not pass. County and Municipal Public Officers and Employees: SB 1180 by Senator Steube and HB 815 by Representative Avila Both the House and Senate bills would have only applied to travel outside of the state and international travel. Both bills were amended to require county and municipal public officers to request authorization at a public meeting for travel out of state or internationally, prior to travel, (unless good cause can be shown as to why it could not be presented prior to travel). SB I I80/HB 815 did not pass. Community Redevelopment Agencies/Community Development Districts: HB 883 by Representative Ingoglia (the original bills were HB 17 by Representative Raburn and SB 432 by Senator Lee) To summarize,a main provision of the House version,and a priority of the Speaker and Speaker Designate is that the creation of new CRAB on or after October 1,2018,may only occur by special act of the Legislature. It provides for the termination of existing CRAB at the earlier of the expiration date stated in the agency's charter, or on September 30, 2038. However, the governing board of a creating local government entity may prevent the termination of a CRA by a supermajority vote. The bill would have: • Required the governing board members of a CRA to undergo four hours of ethics training annually. • Required CRAB to use the same procurement and purchasing process as the creating city or county. • Expand the annual reporting requirements for CRAB to include audit information and performance data and require the information to be posted online. • Require cities and counties to include CRA data in their annual financial report. • Require a CRA created by a city to provide its budget and any amendments to the board of county commissioners for the county where the CRA is located within 10 days after the date of adoption. • Require the Department of Economic Opportunity to declare CRAB that have reported no financial activity for three consecutive years as inactive. • Provide for the phase-out of nearly all existing CRAB by 2038, which the exception of those CRAB with outstanding bond obligations. (detailed explanation above) • Allow current CRAB to continue operating but only if approved by a supermajority vote of the governing board of the city or county that created the agency. 7 • Provide that the creation of new CRAB on or after October 1, 2018, may only occur by special act of the Legislature. HB 883/HB 17 did not pass. MPOs Metropolitan Planning Organizations: HB 575 by Representative Beshears, SB 984 by Senator Brandes, and amended into SB 1287 by Representative Drake • allow for only one (1) representative from each municipality to be on the MPO board, was added. An amendment was filed that took out this limitation. • MPOs serving in areas with populations of 500,000 or less,will have a board of at least 5 but not more than 11 members. For MPOs in areas with populations of more than 500,000,its membership will be at least 5 but no more than 15 members. • Prohibit an entire county commission from being members of an MPO's governing board. • Require MPOs to adopt bylaws governing its operation,including voting privileges. • An MPO may not adopt a weighted voting structure. • Retain the requirement that MPO membership is appointed on an equitable geographic-population basis. • Establishes term limits for MPO members,providing that members serve 4-year terms and may be reappointed for one additional 4-year term. Currently,there are not term limits for MPO members. • Provide that notwithstanding any other provision of law to the contrary,by July 1,2019,each MPO must update its membership, interlocal agreements, governing documents, and other relevant information to comply with changes made by the bill. As reported, in his presentation before the Transportation and Infrastructure Subcommittee, Representative Beshears gave the example of the MPO that serves his area,his house district,District 7,that there are 17 cities and there are no members on the MPO truly representing these cities.He stated that his goal is for MPOs to have fewer members that represent a more diverse area, so as to streamline their process. HB 575/SB 984/SB 1287 did not pass. Government Accountability: HB 11 by Representative Metz and SB 354 by Senator Stargel As detailed in the week 8 report,this bill addressed local governmental entity annual financial reports and auditing, created internal controls to prevent and detect fraud, waste, and abuse, added requirements for online posting of governmental budgets of counties and municipalities, addressed the Statewide Travel Management System and expanded those required to use that system to all agencies, including any office, department, agency, division, subdivision,political subdivision,board,bureau,commission,authority,district,public body,body politic,county, city, town, village, municipality, or any other separate unit of government to report public officer and employee travel information in the system. HB 11/SB 354 did not pass. Emergency Power/Nursing Home and Assisted Living Facilities: SB 1874 by Senator Passidomo CS/SB 1874 would have amended two sections of law regulating nursing homes and assisted living facilities(ALF) to require,by June 1,2018,that each facility have an operational emergency power source and fuel to sustain an air temperature set in rule for at least 96 hours.The bill would require that each facility have a plan to monitor residents to ensure that they do not suffer from complications from heat exposure and a plan to safely transport residents to an appropriate facility if the facility's management knows it will be unable to sustain safe temperatures. Language 8 was added during Session that would add a requirement that each ALF have a carbon monoxide alarm system installed. SB 1874 did not pass. Red Light Cameras: Senator Hutson and Representative Avila have filed SB 176 and HB 6001 This bill would have repealed State law that allows local governments to use red-light cameras.All regulation and use of red light cameras would be preempted to the state. There has been no movement on the Senate side to date. HB 6001/SB 176 did not pass. Beach Re-Nourishment: SB 174 by Senator Hukill, and HB 131 by Representative Peters The bill would have required a$50 million funding threshold from the Land Acquisition Trust Fund,was removed. The bill restructured the way the state prioritizes beach and inlet-management projects, and included a detailed scoring system that would be used in determining which projects should be priorities for funding. SB 174/BB 131 did not pass. Local Tax Referenda: SB 272 by Senator Brandes Senator Brandes offered an amendment to the tax cut package,HB 7087,amendment bar code 843520,that would have included this language,however,he ultimately withdrew this amendment. CS/CS/SB 272(and HB 317)would require a referendum to adopt or amend a local option discretionary sales surtax be held at a general election,meaning in even-year,November elections. HB 317/SB 272 did not pass. Election Dates: SB 1262 by Senator Hutson and HB 7037 by Representative Caldwell CS/CS/SB 1262 preempts to the state the authority to establish the dates of elections of municipal officers and provides the exclusive method for establishing those dates.Any state law,municipal charter,or municipal ordinance that conflicts with the bill is superseded to the extent of the conflict.As a result,a municipality will no longer have authority to establish unilaterally the date of its municipal officer elections. The bill requires the governing body of a municipality to choose from among the following dates to hold its elections: the general election,the first Tuesday after the first Monday in November in an odd-numbered year, or the third Tuesday in March in an odd-numbered or even-numbered year,or any combination of that. The bill specifies that a municipality cannot have more than one municipal general election cycle in a calendar year. This bill does not affect the way a local government would fill vacancies, and would allow that municipal recall elections be held concurrently with regular municipal elections. The bill does address an orderly transition of office,in that it provides that the terms of incumbent elected municipal officers affected by the change in election dates will be extended to the next municipal election. SB 1262/HB 7037 did not pass. 9 Tree,Timber, and Vegetation Trimming and Removal: HB 521 by Representative Edwards-Walpole As originally filed,the bill preempts to the state the regulation of the trimming,removal,or harvesting of trees and timber on private property and prohibits local governmental actions relating to the trimming or removal of trees or timber. The bill was amended to now provide that"the Legislature finds that uncontrolled growth of trees and vegetation in rights-of-way maintained by state or governmental agencies interferes with infrastructure that protects the public from flooding." The bill now prohibits local governments from requiring a permit, attempting to regulate, or interfering with governmental entities(listed below),responsible for these areas, from trimming or removing trees or vegetation where that entity has a duty to maintain any right-of-way. Those include the growth of trees within rights-of-way owned or managed by the state, water management districts, water control districts, neighborhood improvement districts,independent special districts,or community development districts. HB 521 did not pass. Local Government Fiscal Transparency: HB 7 by Representative Burton, SB 1426 by Senator Lee Highlights of this comprehensive bill are below.The bill would have accomplished the following: • Requires easy public access to local government governing boards'voting records related to tax increases and issuance of tax-supported debt(phased in over 4 years). • Requires easy online access to property tax TRIM notices and a 4-year history of property tax rates and amounts at the parcel level. This requirement is phased in over 3 years. • A 4-year history of property tax rates and total revenue generated at the jurisdiction level must be provided on government websites. • Requires additional public meetings and expands public notice requirements for local option tax increases, other than property taxes, and new long-term, tax-supported debt issuances. Public notices for proposed tax increases must contain information regarding the rate and total annual amount of revenue expected,the annual additional revenue expressed as a percent of annual general fund revenue, detailed explanation of intended uses of the levy,and an indication of whether or not the tax proceeds will be used to secure debt.Public notices for proposed new, long-term debt issuance must disclose the total lifetime costs of the debt, annual debt service, and effects of the new debt on a government's debt affordability measures. • Local governments must conduct a debt affordability analysis prior to approving the issuance of new, long- term tax-supported debt. The analysis would, at a minimum, calculate a debt affordability ratio for the most recent five years and at least two projected years to gauge the effects of the new debt issuance on the government's debt service to revenue profile. The debt affordability ratio is the annual debt service for outstanding tax-supported debt divided by total annual revenues available to pay debt service on outstanding debt. • The bill revises the local government reporting requirements for economic development incentives. It requires each county and municipality to report to the Office of Economic and Demographic Research whether the incentive was provided directly to an individual business or by another entity on behalf of the local government and the source of local dollars,and any state or federal dollars obligated for the incentive. The bill also revises the statutory classes of economic development incentives. HB 7/SB 1426 did not pass. 10 Interruption of Services: HB 971 by Representative Fine and SB 1368 by Senator Mayfield This bill seeks to address service charges in three areas and by three entities: garbage pick-up service by a municipality,telecommunication services provided by the telecommunications industry,and cable or video service provided by said providers. HB 971 passed in Energy and Utilities Subcommittee,with five amendments passed, four by Representative Fine and the last by Representative Daniels. • Rep. Fine's first amendment modifies the amount of days before the refund is applied for garbage pick-up service. The original language called for it to take effect after three days of the trash not being picked up, the amendment changes it to four days. • Rep.Fine's amendment 2 states that the telecommunications company does not need to issue a refund if a power outage is the cause of the service interruption. • Rep. Fine's amendment 3 creates a formula to calculate the rate a customer will pay if they discontinue their telecommunication service before the end of the billing cycle.The purpose of this amendment is to ensure that customer's only need to pay for the days up to the day the cancellation was requested. • Rep Fine's amendment 4 does exactly the same as the amendment above but applies to a cable or video service provider instead of a telecommunications provider. • Rep. Daniels amendment to the amendment specifies the administrative fine imposed on telecommunication companies that do not issue refunds in a timely manner.The fine is equal to 10 times the credit or refund amount upon any telecommunications company that fails to provide a credit or refund. HB 971/SB 1368 did not pass. Parking Garages Back-In Parking Preemption: SB 378 by Senator Steube SB 378 would have sought to prohibit a county,municipality,or other local governmental entity from adopting or maintaining in effect an ordinance or a rule which has the effect of prohibiting a driver from, or authorizing the issuance of a citation to a driver for,back-in parking a motor vehicle in a parking space located in a parking garage; providing that any such ordinance or rule in effect on July 1, 2018, is void. SB 378 has been Referred to the Community Affairs Committee,Transportation Committee,and the Rules Committee.SB 378 was never heard,and there was no House companion bill. SB 378 did not pass. Public Records: This bill, SB 750 by Senator Perry and HB 273 by Representative Rodrigues This bill would have prohibited an agency, including state and local government entities, from responding to a public records request (to inspect or copy a public record) by filing a civil action against the individual or entity making the request. However, there is some difficulty in its interpretation in that it could apply to any litigation, and therefore the bill has stalled. It is unclear that this bill will have the votes to move forward,but we did want to include this in our report. HB 273/SB 750 did not pass. 11 CONSTITUTION REVISION COMMISSION(CRC) The CRC meets every 20 years, and any of the commission recommendations would be put directly on the November 6,2018 ballot.As of 2006,at least 60%of the vote is required to pass a constitutional amendment.Below are several of the CRC proposals filed to date,however,a full listing can be found on their website hM2:Hflcrc.gov/ are several of the proposals under consideration of interest to local governments. Proposal 95 by Lee This proposal,in addressing local governments,would limit the power of a county,municipality,or special district to regulate commerce, trade, or labor unless the regulation applies exclusively within the respective entity's own boundaries in a manner not prohibited by law,and to specify that such regulation may not intrude upon or impede commerce,trade,or labor across the respective entity's boundaries. This proposal is opposed by the Florida League of Cities. As reported, proposal 95 was discussed in the Local Government committee on 1/26, a courtesy amendment was filed and discussed,which modified somewhat,the premise of the bill,however the amendment failed. While then back on the main proposal,Senator Lee,(the sponsor)indicated he did not truly support the underlying bill as much as the amendment that failed,and asked if the bill could be temporarily postponed. Proposal 95 was brought back in the Local Government committee,and at the request of the sponsor, Senator Lee, was voted down. However,unlike the legislative process,this could be brought back up in this committee. Senator Lee indicated in his remarks, he "feels strongly about including some type of commerce clause in the state constitution"and that he will work on language that he would offer as an amendment, at a later time. Proposal 61 by Smith The Proposal amends Sections 1 and 2 of Article VIII of the Florida Constitution to provide that any law enacted by the Legislature that preempts the home rule powers granted to municipalities or restricts the home rule powers to non-charter and charter governments must meet certain criteria. Any law which restricts power granted to a municipality must: 1) State with specificity the statewide necessity justifying the preemption; 2) Be no broader than necessary to accomplish the statewide necessity expressed; 3) Contain only one preemption of a power granted herein; and 4) Relate to one subject This proposal was heard in the Legislative committee,where it failed,2—2.However,unlike the legislative process, a proposal that has failed,can be brought back for consideration. Proposal 15 by Hernandez Gamez Removes a provision authorizing laws that regulate or prohibit the ownership, inheritance, disposition, and possession of real property by aliens ineligible for citizenship and to provide that a person may not be deprived of any right because of a cognitive disability. Proposal 15 was withdrawn from further consideration. Proposal 13 by Timmann; (Co-Introducers)Nocco,Gainey LOCAL GOVERNMENT, Counties; Schedule to Article VIII; Sections 1 and 6 of Article VIII of the State Constitution to remove authority for a county charter or a special law to provide for choosing specified county 12 officers in a manner other than election and to prohibit a county charter from abolishing specified county officers, transferring duties of a county officer to another officer or office,establishing the length of terms of county officers, or establishing any manner of selection of county officers other than by election. Proposal 13 has passed both committees,and is now eligible for full CRC vote. Proposal 11 by Plymale; (Co-Introducers)Timmann, Coxe,Martinez SUFFRAGE AND ELECTIONS, Primary, general, and special elections; Section 5 of Article VI of the State Constitution to authorize all qualified electors,regardless of party affiliation,to vote in a partisan primary election for an office if all the candidates for the office have the same party affiliation and the winner will be opposed only by one or more write-in candidates in the general election. Proposal 11 has passed both its committees and is now eligible for full CRC vote. ➢ The 2018 Regular Session adjourned, sine die,March 11, 2018 at 4:16 pm. 13 Marjory Stoneman Douglas High School Public Safety Act(HB 7026) The Marjory Stoneman Douglas High School Public Safety Act addresses school safety, mental health, firearm safety, creates the Guardian Program, and provides significant funding to carry out these measures. The bill is summarized below. HB 7026 (final): hiip:Hflsenate.gov/Session/Bill/2018/7026/BillText/er/PDF Mental Health: The legislation makes significant changes to keep firearms out of the hands of those suffering from mental illness: • Authorizes a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for 24 hours after the person is released and does not have a risk protection order against them or is the subject of a firearm disability. • Prohibits a person who has been adjudicated mentally defective or who has been committed to a mental institution from owning or possessing a firearm until a court orders otherwise. • Creates a process for a law enforcement officer or law enforcement agency to petition a court for a risk protection order to temporarily prevent persons who are at high risk of harming themselves or others from accessing firearms when a person poses a significant danger to himself or herself or others, including significant danger as a result of a mental health crisis or violent behavior. The bill: • Allows a court to issue a risk protection order for up to 12 months. • Requires the surrender of all firearms and ammunition if a risk protection order is issued. • Provides a process for a risk protection order to be vacated or extended. Firearm Safety: The legislation creates new provisions to ensure full and complete background checks when a firearm is purchased: • Requires a three-day waiting period for all firearms, not just handguns or until the background check is completed,whichever is later. Provides exceptions for: • Concealed weapons permit holders,and • For the purchase of firearms other than handguns,an exception for: • Individuals who have completed a 16 hour hunter safety course; • Individuals holding a valid Florida hunting license;or • Law enforcement officers,correctional officers and service members (military and national guard) The bill: • Raises the age for purchasing a firearm and ban devices that turn a legal firearm into an illegal weapon. • Prohibits a person under 21 years of age from purchasing a firearm,and prohibits licensed firearm dealers, importers, and manufacturers, from selling a firearm, except in the case of a member of the military, or a law enforcement or correctional officer when purchasing a rifle or shotgun. (Persons under 21 years of age are already prohibited from purchasing a handgun under federal law.) • Prohibits a bump-fire stock from being imported, transferred, distributed, sold, keeping for sale, offering for sale,possessing,or giving away within the state. School Safety: • Establishes the Marjory Stoneman Douglas High School Public Safety Commission to investigate system failures in the Parkland school shooting and prior mass violence incidents, and develop recommendations for system improvements. 1 • Codifies the Office of Safe Schools within the Florida Department of Education (DOE) and which will service as a central repository for the best practices, training standards, and compliance regarding school safety and security. • Creates the optional Coach Aaron Feis Guardian Program, summarized below. Guardian Program: Named for Coach Aaron Feis,the Guardian Program would allow school districts to decide whether to participate in the guardian program if it is available in their county. • The guardian program is named after Coach Aaron Feis, who lost his life protecting students during the shooting at Marjory Stoneman Douglas High School. The guardian program is completely voluntary for a sheriff to establish,for a school district to participate,and for an individual to volunteer. • Individuals who exclusively perform classroom duties as classroom teachers are excluded from participating in a Coach Aaron Feis Guardian Program. However, this limitation does not apply to classroom teachers of a Junior Reserve Officers' Training Corps program; a current service member; and a current or former law enforcement officer. Specifically,the Guardian Program: • Ensures that a guardian must complete 132 hours of comprehensive firearm safety and proficiency training, pass psychological evaluation, submit to and pass drug tests;and complete certified diversity training. • Requires each district school board and school district superintendent to cooperate with law enforcement agencies to assign one or more safe-school officers at each school facility. The safe- school officer requirement can be satisfied by appointing any combination of a school resource officer, a school safety officer,or a school guardian. • Requires each district school board to designate a district school safety specialist to serve as the district's primary point of public contact for public school safety functions. • Requires each school district to designate school safety specialists and a threat assessment team at each school, and requires the team to operate under the district school safety specialist's direction. • Requires the DOE to contract for the development of a Florida Safe Schools Assessment Tool which will assist school districts in conducting security assessments to identify threats and vulnerabilities. • Creates the mental health assistance allocation to assist school districts in establishing or expanding school- based mental health care. The bill: • Prohibits a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism. • Requires DCF to contract for community action treatment teams to provider behavioral health and support services. • Requires FDLE to procure a mobile app that would allow students and the community to relay information anonymously concerning unsafe, dangerous threats. The students of Marjory Stoneman Douglass recommended that the program be named "FortifyFU Funding: Significant funding is allocated to carry out these measures.The legislation appropriates$400 million to implement the bill provisions,including the following: • $69 million to the DOE to fund the mental health assistance allocation. • $1 million for the design and construction of a memorial honoring those who lost their lives on February 14,2018,at Marjory Stoneman Douglas High School. • $25 million for replacing building 12 at Marjory Stoneman Douglas High School. • $67 million for sheriff's offices who decide to establish a school guardian program. • $97 million to aid for the safe schools allocation. • $98 million to implement a grant program for improving and hardening the physical security of school buildings. 2 • $18.3 million to DCF for additional mobile crisis teams to ensure reasonable access among all counties. 3 THE FLORIDA SENATE 2018 SUMMARY OF LEGISLATION PASSED Committee on Regulated Industries CS/CS/CS/HB 841 — Community Associations by Judiciary Committee; Civil Justice and Claims Subcommittee; Careers and Competition Subcommittee; and Rep. Moraitis and others (CS/SB 1274 by Regulated Industries Committee; and Senators Passidomo, Mayfield, and Campbell) The bill revises requirements related to the governance and operation of condominium, cooperative, and homeowners' associations. Regarding condominium, cooperative, and homeowners' associations, the bill revises the: • Notice requirements for board and owner meetings at which an assessment will be considered to require specific information in notices. • Process for and membership of committees reviewing a recommended fine or suspension related to use of association property, the notice requirements associated with imposing fines and suspensions, and the time for payment of fines. Regarding condominium and cooperative associations, the bill: • Requires the minutes of meetings and accounting records be maintained for seven years instead of one year. • Makes condominium unit owners and cooperative shareholders consenting to receive association emails responsible for removing or bypassing filters blocking receipt of mass e-mails sent by an association. Regarding cooperative and homeowners' associations, the bill permits members of the board to use e-mail as a means of communication, but not to cast a vote by e-mail. Regarding condominium associations, the bill: • Revises the period of time specified official records must be maintained by an association. • Extends the deadline to post specified documents on an association's website to January 1, 2019, from July 1, 2018. • Revises the information related to contracts, bids, and financial reports an association with 150 or more units must post on its website. • Exempts, with conditions, an association from liability for disclosure of protected or restricted information on its website. • Prohibits an association from waiving financial reporting requirements for two fiscal years after a failure to comply with a request by the Division of Florida Condominiums, Timeshares, and Mobile Homes (within the Department of Business and Professional Regulation) to provide an owner with a copy of the most recent financial report. • Provides when the recall of a board member is effective. • Provides attorney's fees and costs for a recalled board member or an association prevailing in an arbitration proceeding concerning a recall, in certain circumstances. • Allows a unit owner to install an electric vehicle charging station within the boundaries of the unit owner's limited common element, with conditions. This summary is provided for information only and does not represent the opinion of any Senator,Senate Officer,or Senate Office. CS/CS/CS/HB 841 Page: 1 2018 Summary of Legislation Passed Committee on Regulated Industries • Requires a vote before substantial addition or alteration to a common element. • Repeals the July 1, 2018, deadline for classification as a bulk buyer, extending indefinitely the applicability of bulk buyer provisions. Regarding cooperative associations, the bill: • Prohibits co-owners of a unit in a residential cooperative association of more than 10 units from serving simultaneously on the board, unless the co-owners own more than one unit or there are not enough eligible candidates. • Provides for the removal from office of an officer or director who is more than 90 days delinquent in any monetary obligation owed to the association. • Allows the cost of communication services, information services, or Internet services obtained under a bulk contract to be a common expense of the association. Regarding homeowners' associations, the bill: • Permits an association to provide electronic notices of a meeting to any member who has provided a facsimile number or e-mail address for such purpose, and consented to receipt of electronic notices. • Revises the process for amending governing documents to require an amendment to the governing documents contain the full text of the provision to be amended, with the new language underlined and proposed deleted language stricken with hyphens. However, an association may reference the governing documents in the event an amendment is too extensive and the inclusion of the full text with stricken and underlined text would hinder understanding of the proposed amendment. • Provides if an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to s. 720.306, F.S., or the bylaws, then write-in nominations are not permitted and such candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting. • Provides a clarification of existing law for the accrual of interest on unpaid assessments, and the application of payments to interest, late fees, collection costs and associated reasonable attorney fees, and the delinquent assessment, in such order of priority, controls over any restrictive endorsement, designation, or instruction placed on or accompanying a payment, including any purported accord and satisfaction (the parcel owner paid a lesser amount claiming full satisfaction of the amount due)pursuant to s. 673.3111, F.S. If approved by the Governor, these provisions take effect July 1, 2018. Vote: Senate 35-1;House 100-1 This summary is provided for information only and does not represent the opinion of any Senator,Senate Officer,or Senate Office. CS/CS/CS/HB 841 Page: 2 Print Format https:Happs.lobbytools.com/tools/piint.cfm?a=reports&b=folder bills&... 2018 Bills (5) Number Title Sponsor Last Date Foldered Action HB 0841 Community Associations Moraitis 03/13/18 01/13/18 03:40PM Community Associations:Specifies that community associations may represent owners in certain proceedings;specifies that community associations may be party to certain actions;revises provisions related to community associations including recordkeeping&financial reporting requirements,documents required to be posted online,bylaws,board term limits,rulemaking, (C:1274 owner responsibilities,board member recall&challenge requirements,conflicts of interest,fines&suspensions,classification as bulk 1530 7087 assignee or buyer,board member requirements,voting procedures,common expenses,election requirements,amending governing documents,renting or leasing parcel owner's home,&certain notices be delivered in specified ways;provides directors or officers delinquent in payments are deemed to have abandoned office;provides that unit owners may install electronic vehicle charging stations&provides requirements for such installation;provides when such charging station may be basis of lien. Effective Date:July 1,2018 11/30/17 HOUSE Filed 12/08/17 HOUSE Referred to Careers&Competition Subcommittee;Civil Justice&Claims Subcommittee;Commerce Committee 12/08/17 HOUSE Now in Careers&Competition Subcommittee 01/19/18 HOUSE On Committee agenda-Careers&Competition Subcommittee,01/23/18,8:00 am,212 K 01/23/18 HOUSE Favorable with CS by Careers&Competition Subcommittee;13 Yeas,0 Nays 01/23/18 HOUSE Committee Substitute Text(Cl)Filed 01/25/18 HOUSE Now in Civil Justice&Claims Subcommittee 01/26/18 HOUSE On Committee agenda-Civil Justice&Claims Subcommittee,01/30/18,8:00 am,404 H 01/30/18 HOUSE Favorable with CS by Civil Justice&Claims Subcommittee;13 Yeas,0 Nays 01/31/18 HOUSE Committee Substitute Text(C2)Filed 02/05/18 HOUSE Reference to Commerce Committee removed;Reference to Judiciary Committee added;Remaining reference: Judiciary Committee 02/05/18 HOUSE Now in Judiciary Committee 02/13/18 HOUSE On Committee agenda-Judiciary Committee,02/15/18,9:00 am,404 H 02/15/18 HOUSE Favorable with CS by Judiciary Committee; 16 Yeas,2 Nays 02/19/18 HOUSE Committee Substitute Text(C3)Filed 02/22/18 HOUSE Placed on Calendar,on 2nd reading 02/22/18 HOUSE Placed on Special Order Calendar,02/28/18 02/28/18 HOUSE Read Second Time;Amendments Adopted(028261,729193);Amendments Failed(179591,929187,903525); Placed on Third Reading,03/01/18 02/28/18 HOUSE Engrossed Text(E1)Filed 03/01/18 HOUSE Read Third Time; Passed(Vote: 110 Yeas/4 Nays) 03/01/18 SENATE In Messages 03/05/18 SENATE Received;Referred to Regulated Industries;Community Affairs;Rules 03/08/18 SENATE Withdrawn from Regulated Industries;Community Affairs;Rules; Placed on Calendar,on 2nd reading;Substituted for SB 1274;Read Second Time;Amendment Adopted(346340);Amendment Failed(894894);Placed on Third Reading, 03/09/18 03/09/18 SENATE Read Third Time;Amendments Adopted(289590,549860);Passed(Vote:35 Yeas/1 Nay) 03/09/18 HOUSE In returning messages 1 of 3 3/14/2018,4:15 PM Print Format https:Happs.lobbytools.com/tools/piint.cfm?a=reports&b=folder bills&... 03/09/18 HOUSE Received from Messages;Concurred with Amendments(346340,289590,549860);Passed(Vote: 100 Yeas/1 Nays) 03/09/18 HOUSE Ordered engrossed,then enrolled 03/13/18 HOUSE Engrossed Text(E2)Filed 03/13/18 HOUSE Enrolled Text(ER)Filed HB 1061 Community Association Fire and Life Moraitis 03/10/18 01/13/18 Safety Systems 03:41 PM Community Association Fire and Life Safety Systems:Requires certain condominium or cooperative associations to post certain (S:1432) signs or symbols on buildings;requires State Fire Marshal to adopt rules governing such signs or symbols;revises provisions relating to evidence of condominium&cooperative association compliance with fire&life safety code;revises unit&common elements required to be retrofitted;revising provisions relating to association vote to forego retrofitting. Effective Date:July 1,2018 12/21/17 HOUSE Filed 01/03/18 HOUSE Referred to Careers&Competition Subcommittee;Government Operations&Technology Appropriations Subcommittee;Commerce Committee 01/03/18 HOUSE Now in Careers&Competition Subcommittee 01/26/18 HOUSE On Committee agenda-Careers&Competition Subcommittee,01/30/18,1:00 pm,212 K 01/30/18 HOUSE Favorable with CS by Careers&Competition Subcommittee;8 Yeas,7 Nays 01/31/18 HOUSE Committee Substitute Text(Cl)Filed 02/05/18 HOUSE Now in Government Operations&Technology Appropriations Subcommittee 03/10/18 HOUSE Indefinitely postponed and withdrawn from consideration SB 1238 Homeowners'Associations Garcia 03/10/18 01/13/18 03:41 PM Homeowners'Associations;Prohibiting an association from hiring an attorney who represents the management company of the association;requiring an association to provide members with a copy of the most recent annual financial report or a written notice (S:873) detailing how to obtain such report;prohibiting an officer,director,or manager from soliciting,offering to accept,or accepting a kickback for which consideration has not been provided;providing requirements and procedures relating to conflicts of interest,etc. Effective Date:7/1/2018 12/11/17 SENATE Filed 01/11/18 SENATE Referred to Regulated Industries;Judiciary;Rules 03/10/18 SENATE Died in Regulated Industries SB 1274 Community Associations Passidomo 03/08/18 01/13/18 03:40PM Community Associations;Deleting a provision prohibiting an association from hiring an attorney who represents the management (C:841 company of the association;revising the list of documents that the association is required to post online;revising voting requirements 1530) relating to alterations and additions to certain common elements or association property;revising cooperative association recordkeeping requirements;prohibiting a board member from voting via e-mail,etc. Effective Date:7/1/2018 12/15/17 SENATE Filed 01/11/18 SENATE Referred to Regulated Industries;Community Affairs;Rules 01/25/18 SENATE On Committee agenda-Regulated Industries,01/30/18,4:30 pm,110 S 01/30/18 SENATE Favorable with CS by Regulated Industries;10 Yeas,0 Nays 02/01/18 SENATE Committee Substitute Text(Cl)Filed 02/01/18 SENATE Now in Community Affairs 02/08/18 SENATE On Committee agenda-Community Affairs,02/13/18,10:00 am,301 S 02/13/18 SENATE Favorable by Community Affairs;6 Yeas,0 Nays 02/13/18 SENATE Now in Rules 2 of 3 3/14/2018,4:15 PM Print Format https:Happs.lobbytools.com/tools/piint.cfm?a=reports&b=folder bills&... 03/07/18 SENATE Withdrawn from Rules 03/07/18 SENATE Placed on Calendar,on 2nd reading 03/07/18 SENATE Placed on Special Order Calendar,03/08/18 03/08/18 SENATE Read Second Time;Amendments Withdrawn(418616,787224);Amendment Adopted(166454);Substituted for HB 0841;Laid on Table,Refer to HB 0841 SB 1530 Condominium Associations Mayfield 03/10/18 01/13/18 03:40PM (C:841 Condominium Associations;Deleting a restriction on attorney representation;revising the list of documents that the association is 1274) required to post online;providing that the failure of an association to post certain information is not sufficient,in and of itself,to invalidate any action or decision of the association,etc.Effective Date:7/1/2018 01/04/18 SENATE Filed 01/12/18 SENATE Referred to Regulated Industries;Community Affairs;Rules 03/10/18 SENATE Indefinitely postponed and withdrawn from consideration 03/10/18 SENATE Died in Regulated Industries lo66ytools Generated on 03/14/18 by LobbyTools.com 3 of 3 3/14/2018,4:15 PM Th, City of CITY COMMISSION REGULAR MEETING MINUTES 19200 Aventura GovernmentCountry Club Drier 19200 W.Country Club Drive A�e'Efura MARCH 6, 2018 Aventura, Florida 33180 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:01 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Howard Weinberg, City Manager Susan L. Grant, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by the Commission. A moment of silence was observed for the recent mass shooting at Marjorie Stoneman High School in Parkland, Florida. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: After a request by Mrs. Grant and unanimous consent by the Commission, Item 9A was moved to the Consent Agenda. 4. SPECIAL PRESENTATIONS: • Employee Service Awards: Mrs. Grant along with Chief Pegues presented the following with recognition certificates and tokens of appreciation for the completion of milestone years of service with the City: Yolanda McKnight (10 years), Christian Peralta (10 years), Barbara Arocha (15 years), and Anna Howell (20 years). Mayor Weisman recognized the Aventura Police Department recipients of the recent Law Enforcement Officer (LEO) awards, as well as the nominees. • School Reports: The following provided updates on their schools: Daniel Yaari (ACES) and Dylan Shaffman (Aventura Waterways). A video created by ACES for Marjorie Stoneman Douglas High School was viewed. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda (including Item 9A) was offered by Commissioner Narotsky, seconded by Commissioner Landman and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • February 6, 2018 Commission Regular Meeting • February 22, 2018 Commission Workshop Meeting Aventura City Commission Meeting Minutes March 6, 2018 B. Resolution No. 2018-30 as adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18- 02-14-2, CITY OF AVENTURA PUMP STATION REPLACEMENT TO THE IRRIGATION GUY FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. C. Motion approved as follows: MOTION TO ACCEPT FOR FILING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 AND THE LETTER DATED FEBRUARY 28, 2018 ATTACHED HERETO AS ATTACHMENT A. 9A. Resolution No. 2018-32 as adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING CHARTER HIGH SCHOOL DONATION AND NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE SOFFER FAMILY; PROVIDING FOR THE CITY'S CHARTER HIGH SCHOOL TO BE NAMED AND DESIGNATED AS THE DON SOFFER AVENTURA HIGH SCHOOL; EXEMPTING THIS AGREEMENT FROM THE PROVISIONS OF RESOLUTION NO. 2000-39 CONCERNING THE GENERAL GUIDELINES FOR NAMING OF CITY FACILITIES AND THE ACCEPTANCE OF MONETARY DONATIONS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures and read the following Ordinance by title: A. ORDINANCE - SECOND READING/PUBLIC HEARING: 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 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, WITH MUNICIPAL ADDRESS 3151 NE 213 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, FROM MO, MEDICAL OFFICE DISTRICT TO CF, COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony for items A and B. Page 2 of 6 Aventura City Commission Meeting Minutes March 6, 2018 A motion for approval of the ordinance was offered by Vice Mayor Shelley and seconded by Commissioner Weinberg. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2018-05 was adopted. B. RESOLUTION/PUBLIC HEARING: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MODIFICATION TO THE SIGN VARIANCE APPROVED THROUGH RESOLUTION NO. 98-42 FOR THE TARGET STORE AT 21265 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Vice Mayor Shelley and seconded by Commissioner Mezrahi. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the Applicant (Target Corporation): Kim Binkley Seyer— The Seyer Group (7321 Merchant Court, Sarasota, FL). Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote and Resolution No. 2018-31 was adopted. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 2, "ADMINISTRATION," AT ARTICLE II, "DEPARTMENTS," AT SECTION 2-61 "CREATED," TO ADD THE PUBLIC WORKS AND TRANSPORTATION DEPARTMENT TO THE LIST OF CITY DEPARTMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 6 Aventura City Commission Meeting Minutes March 6, 2018 A motion for approval of the ordinance was offered by Commissioner Landman and seconded by Commissioner Mezrahi. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Mrs. Grant explained the Ordinance. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2018-06 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: The following resolution was moved to the Consent Agenda by Commission consensus earlier in the meeting: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING CHARTER HIGH SCHOOL DONATION AND NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE SOFFER FAMILY; PROVIDING FOR THE CITY'S CHARTER HIGH SCHOOL TO BE NAMED AND DESIGNATED AS THE DON SOFFER AVENTURA HIGH SCHOOL; EXEMPTING THIS AGREEMENT FROM THE PROVISIONS OF RESOLUTION NO. 2000-39 CONCERNING THE GENERAL GUIDELINES FOR NAMING OF CITY FACILITIES AND THE ACCEPTANCE OF MONETARY DONATIONS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolpin read the following resolution by title: B. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY-STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; SUPPORTING THE FEBRUARY 20, 2018 LETTER FROM MIAMI-DADE COUNTY, MIAMI-DADE COUNTY PUBLIC SCHOOLS, AND THE MIAMI-DADE STATE ATTORNEY REQUESTING ADDITIONAL STATE FUNDING TO PROTECT OUR CHILDREN; AUTHORIZING THE CITY CLERK TO TRANSMIT THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Dr. Marks and seconded by Vice Mayor Shelley. Mrs. Grant reviewed the Resolution. Mayor Weisman opened the public hearing. Page 4 of 6 Aventura City Commission Meeting Minutes March 6, 2018 The following members of the public provided comments: Hans Salenzer (3300 NE 192 Street, Aventura), Victor Guzman (17970 NE 31 Court, Aventura), Vanessa Cueto (17970 NE 31 Court, Aventura), Robert Burroughs (Miami), Shelly Kadosh (20301 NE 30 Avenue #116, Aventura), Lisbeth Arellano (2775 NE 187 Street #606, Aventura), and David Blanchard (3300 NE 190 Street, Aventura). There being no additional speakers, the public hearing was closed. In response to the comments received, the Commission discussed assisting with police presence at Aventura Waterways K-8 Center. Mrs. Grant will look into this issue and provide follow up discussion for this item at the March Workshop Meeting. Parents were encouraged to follow the legislative session in Tallahassee and to also speak to their School Board Representative, Dr. Martin Karp. The motion for approval of the resolution passed unanimously, by roll call vote and Resolution No. 2018-33 was adopted. Mr. Wolpin discussed the additional step taken by the City of Weston in authorizing the filing of a lawsuit challenging State statute 790.33 that pre-empts municipal authority over firearms. A proposed resolution was distributed and briefly reviewed, as well as attorney fees for joining the lawsuit. It was the consensus of the Commission that the item be placed on a Commission Meeting Agenda on March 15, 2018 at 9:00 a.m. for discussion. 10. REPORTS: Commissioner Mezrahi encouraged residents to participate in the upcoming Walk for Parkland sponsored by the students at Krop High School. She also reported on her attendance at the One Community One Goal Series on Education & Workforce Development sponsored by the Miami-Dade Beacon Council. Commissioner Landman recognized the Police Department for their presence at the recent movie night and encouraged residents to attend future City events. Commissioner Dr. Marks congratulated Mayor Weisman on her recent selection as an honoree (Miami-Dade County Commission for Women — In the Company of Women Awards). Mayor Weisman reported on the following upcoming events in Aventura: Walk for Parkland sponsored by the Krop Senior High PTSA students on March 11 , 2018 and Lauren's Kids 8th Annual Walk in My Shoes on March 19, 2018. 11. PUBLIC COMMENTS: None. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Page 5 of 6 Aventura City Commission Meeting Minutes March 6, 2018 Commissioner Landman, and unanimously approved; thus adjourning the meeting at 7:17 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on April 3, 2018. Page 6 of 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission I FROM: Susan Grant, City Manager ,',1y. DATE: March 23, 2018 SUBJECT: Resolution Declaring Equipment Surplus April 3, 2018 City Commission Meeting Agenda Item 5E 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. SG/act Attachment RESOLUTION NO. 2018- 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 FOR 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 3'd day of April, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: Susan Grant, City Manager FROM: Bryan Pegues, Chief of Police DATE: March 22, 2018 SUBJECT: Surplus Vehicles I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Please request the listed vehicles be approved for surplus by the Commission. 2002 2FMZA50472BB49880 Ford Windstar 2006 1FMPU15536LA62816 Ford Expedition 2006 1FMPU15556LA62817 Ford Expedition 2008 1FMFU15518LA59766 Ford Expedition 2009 2FAHP71V69X128832 Ford Crown Victoria 2010 2FABP7BV8AX134799 Ford Crown Victoria 2010 2FABP7BV2AX109901 Ford Crown Victoria 2010 2FABP7BV7AX118044 Ford Crown Victoria 2011 2FABP7BV2BX121838 Ford Crown Victoria 2011 2FABP7BV1BX123709 Ford Crown Victoria 2012 6G1MK5U31CL647986 Chevrolet Caprice 2012 6G1MK5U34CL644421 Chevrolet Caprice 2012 6G1MK5U39CL644480 Chevrolet Caprice 2013 1FTNW20S83EB49023 Ford F250 2017 1GNLCDECXHR211283 Chevrolet Tahoe CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Susan L. Grant, City Manager �j7�� ^ FROM: Kimberly S. Merchant, Director of Community Service sG b�� Ur l DATE: March 21, 2018 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Cybex Assisted Chin Up/Dip Model 4800-381B, Serial #534591X313304 Cybex Leg Curl Model 4855-598, Serial #485591W235150 Cybex Stair Climber Model 800S-CT, Serial #S11-01243 CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission 1 FROM: Susan Grant, City Manag=$ ,,41 BY: Joseph S Kroll, Public Works1/ansportation Director DATE: March 9, 2018 SUBJECT: Bid No. 18-02-28-2 -City of Aventura Electrical Maintenance Services April 3, 2018 City Commission Meeting Agenda Item 5C Recommendation: It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 18-02-28-2 City of Aventura Electrical Maintenance Services to the lowest and responsive bidders; Universal Electric of FL. Inc. and Horsepower Electric, Inc. contained in Exhibit "A" as per the City Purchasing Department. Background: The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this Electrical Maintenance Service contract were solicited, advertised and opened on Wednesday, February 28, 2018. Five qualified bids were received as follows: Horsepower Electric, Inc. Universal Electric of FL., Inc. A.U.M. Construction, Inc. AGC Electric, Inc. 0 & J Electric Corp. The bid is based on unit pricing for work to be performed in areas of Public Works that can be used by the Department on an as-needed basis determined by the City for: Licensed Electrician Electrician's Helper Bucket Truck One Person indoor lift to 45' City Commission March 9, 2018 Page 2 All five bidders submitted qualified bids, and all five bidders have received positive references in their work and performance. Staff has reviewed all bids and has determined that it is in the City's best interest to award this bid to the top two bidders taking advantage of the lowest price submitted by each bidder. The City will be able to realize a significant cost savings by using this contract for repairs and maintenance to streets lights, lighted street signs, all electrical components in all City buildings and any other various Public Works functions as required. All bidders will be required to post the appropriate insurance and performance bonds and all work will be subject to review and inspection by City staff before payment is issued. This contract is for one (1) year with two (2) one year (1) renewals. JSK/gf Attachments: Exhibit"A" Bid Tabulation RSK18003 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-02-28-2, CITY OF AVENTURA ELECTRICAL MAINTENANCE SERVICES TO UNIVERSAL ELECTRIC OF FLORIDA, INC. AND HORSEPOWER ELECTRIC, INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 18-02-28-2 CITY OF AVENTURA ELECTRICAL MAINTENANCE SERVICES FOR REPAIRS TO CITY STREET LIGHTS AND FACILITIES; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Universal Electric of Florida, Inc. and Horsepower Electric, Inc., have submitted the lowest responsible and responsive bids for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 18-02-28-2, CITY OF AVENTURA ELECTRICAL MAINTENANCE SERVICES REPAIRS TO CITY STREET LIGHTS AND City of Aventura Resolution No. 2018- FACILITIES is hereby awarded to Universal Electric of Florida, Inc. and Horsepower Electric, Inc. at the bid prices as contained in the attached bid documents. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. 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 Numbers 001-5401-541-4311. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 3'd day of April, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA BID TABULATION BID N18-02-28-2 ELECTRICAL MAINTENANCE SERVICES Bid Opening After 2:00pm on Wednesday,February 28, 2018 HORSEPOWER ELECTRIC, UNIVERSAL ELECTRIC A.U.M CONSTRUCTION, INC. OF FL. INC. INC. AGC ELECTRIC, INC. 0 8 J ELECTRIC CORP. Regular OverTime Regular OverTime Regular OverTime Regular OverTime Hoare Rate Hours Rate Hours Rate Hours Rate Titles Licensed Electrician S 75.00 S 95.00 S 42.70 S 58.00 S 90.00 S 135.00 S 45.00 $ 65.00 S 55.00 none Electrician's Helper S 57.00 5 70.00 S 2228.30 S 39.10 S 60.00 S 90.00 S 38.00 $ 56.00 S 21.50 none Bucket Truck S 10.00 S 1000 S 35.50 S 35.50 S 100.00 S 100.00 S 200.00 S 250.00 S 71.50 S 93.75 One Person Indoor Lift S 75.00 S 75.00 S 35.50 S 35.50 S 100.00 S 100.00 S 200.00 S 250.00 S 45.00 none to a Maximum of 45 Offers listed from the vendors herein are the only offers received timely as of the above opening date and time All other offers submitted in response to this solicitation. if any, are hereby rejected as late. Indra K. Sarju, CPPB ed Purchasing Agent CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Susan L. Grant, City Manag: 1� BY: Kimberly S. Merchant, Communi Services Director (CC fjAa DATE: March 23, 2018 SUBJECT: Resolution setting forth the ranking of Professional Tennis Companies to perform Professional Tennis Program Management and Court Maintenance Services relative to RFP No. 18-02-13-2 April 3, 2018 City Commission Meeting Agenda Item 5-17 Recommendation: It is recommended that the City Commission adopt the attached Resolution that selects the firm to provide professional tennis program management and court maintenance services in accordance with Request For Proposals # 18-02-13-2. The Resolution selects the firm of Nunez Tennis Training as the recommended firm and authorizes the City Manager to negotiate a contract for services. Background: In accordance with the City's purchasing ordinance, the City issued RFP # 18-12-13-2 Professional Tennis Program Management and Court Maintenance Services. The RFP was advertised on Wednesday, January 10, 2018 with the Daily Business Review and a solicitation package was made available from www.demantstar.com. (Attachment A) One February 13, 2018 sealed proposals were opened from the following: (Attachment B) • MB Tennis • Nunez Tennis Training • Aventura Sports Advisory Group (ASAG) Pursuant to the RFP, the proposals were reviewed by an Evaluation Committee consisting of the Community Services Director, Purchasing Agent, Parks and Recreation Manger, Community Program Manager and both Parks and Recreation Supervisors in accordance with the following criteria: 1. Qualification and experience of firm and personnel who will be directly involved in all elements of the work: (20 points) 2. Firm's size, age, and organization structure: (10 points) 3. Financial Stability of firm: (10 points) 4. Firm's experience with recreational management services that is similar to the request of this RFP: (20 points) 5. Innovative and creative approaches, ideas, and concepts to providing recreational services as evidenced by the submittal: (20 points) 6. Proven availability of firm to effectively manage tennis program and court maintenance services to ensure successful programs as directed by the City: (20 points) 7. Local Preference: (10 points) All three (3) proposers made presentations on February 28 to the Evaluation Committee, two (2) of which were fully responsive proposals. After the three (3) presentations were made, the Evaluation Committee felt confident that the two (2) fully responsive proposals were capable of providing the requested services and have ranked the fully responsive proposals in the following order. (Attachment C) 1. Nunez Tennis Training 2. MB Tennis Based on the foregoing, the Evaluation Committee requests that the City Commission approve the attached resolution as it serves three (3) specific purposes. First it establishes a ranking of the fully responsive proposals to provide professional tennis program management and court maintenance services in accordance with RFP # 18- 02-13-2. Second, it authorizes the City Manager to negotiate the contract for services. Third, it establishes another firm as an alternate, should we be unable to reach favorable terms with the selected firm. After the contract is negotiated it will be presented to the City Commission at a future meeting. Upon review, a copy of the RFP, submittals by all proposals and other supporting documents are available for your inspection in the City Manager's Office. Attachments Attachment A Proposal Advertisement Attachment B Proposal Tabulation Sheet Attachment C Ranking of Proposals Exhibit 1 Ranking of Proposals Attachment A REQUEST FOR PROPOSAL RFP# 18-02-13-2 CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES The City of Aventura is requesting proposals from qualified firms to provide tennis programs, activities, events, and tennis court management and maintenance services for the City of Aventura. Such proposals, which will be received at the address below, until 2:00 P.M. (EST), Tuesday, February 13, 2018 REP#18-02-13-2 Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Submittals must be received no later than 2:00 p.m. on Tuesday, February 13, 2018 and clearly marked on the outside" RFP # 18-02-13-2 PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES". Late submittals will not be accepted. Interested parties may obtain the Request for Proposal (RFP) package from www.demandstar.com or www.citvofaventura.com/finance/bids.shtml, on or after Wednesday, January 10, 2018. The RFP package contains detailed information about the Statement of Work, Proposal submission requirements and selection procedure resulting from this RFP. Any or all questions should be directed in writing to Indra Sarju, Purchasing Agent at sarlui(a7citvofaventura.com (305)466-8925 by Monday, February 5, 2018. Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given that a "Cone of Silence" is imposed concerning this City's competitive purchasing process, which generally prohibits communications concerning the RFP from the time of advertisement of the RFP until the beginning of the City Commission meeting at which the City Manager makes a written recommendation to the City Commission concerning the competitive purchase transaction. See the detailed specifications for the public solicitation for services for a statement fully disclosing the requirements of the "Cone of Silence". Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors are prohibited from in any way providing campaign contributions to City Commission candidates. See the applicable "Campaign Finance Restrictions on Vendors," provisions in the RFP package. The City reserves the right to request clarification of information submitted and to request additional information. The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities and to request re-proposals on the required materials or services. an L. Grant City Manager 4 Attachment B CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT&COURT MAINTENANCE SERVICES RFP#: 18-02-13-2 Proposal Tabulation Sheet Proposal Opened After: 2:00 P.M.on Tuesday,February 13,2018 Company Name: MB Tennis Nunez Tennis Training Aventura Sports Advisory Group(ASAG) Offers listed from the vendors herein am the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, am hereby rejected as late. Signature: ra K.Sarju,%PPB Da Attachment C CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT&COURT MAINTENANCE SERVICES RFP#:18-02-13-2 Short Listed Evaluation Committee Ranking Oral Presentation Wednesday,February 28.2018 Community Parks& Parks& Parks& Community Services Recreation Recreation Recreation Program Total Company Name_ Director Manager Supervisor Supervisor Manager Points Rank MB Tennis 80 75 81 73 56 365 2 Nunez Tennis Training 110 108 108 108 107 541 1 Aventura Sports Advisory Group(ASAG) 40 31 40 39 34 184 3 Evaluation Committee Short Listed Total Score is based on Proposal Criteria as outlined on pages 11&12 of the above-referenced RFP under"Evaluation of Proposals" Signature. rJ ,CPPB Date Exhibit 1 CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT&COURT MAINTENANCE SERVICES RFP#: 18-02-13-2 Short Listed Evaluation Committee Ranking Oral Presentation Wednesday, February 28, 2018 Community Parks& Parks& Parks& Community Services Recreation Recreation Recreation Program Total Company Name Director Manager Supervisor Supervisor Manager Points Rank MB Tennis 80 75 81 73 56 365 2 Nunez Tennis Training 110 108 108 108 107 541 1 Aventura Sports Advisory Group(ASAG) 40 31 _ 40 _ 39 34 184 3 Evaluation Committee Short Listed Total Score is based on Proposal Criteria as outlined on pages 11&12 of the above-referenced RFP under"Evaluation of Proposals" 3/(Vc>107 r Signature. arj , CPPB Date RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING A RANKING OF PROPOSALS FOR RFP NO. 18-02-13-2, CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted proposals for RFP NO. 18-02-13-2 CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES; and WHEREAS, said proposals were evaluated by an Evaluation Committee consisting of the Community Services Director, Purchasing Agent, Parks and Recreation Manger, Community Program Manager and both Parks and Recreation Supervisors; and WHEREAS, said Evaluation Committee recommends the top (2) two ranked fully responsive proposals be; 1). Nunez Tennis Training and 2). MB Tennis; and WHEREAS, the City Commission desires the City Manager or her designee to negotiate fees with the top ranked proposal and with the alternate proposal should negotiations with the top ranked be unsuccessful. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. The ranking of proposals for RFP NO. 18-02-13-2, CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES for the City as shown in Exhibit 1 are: 1. Nunez Tennis Training 2. MB Tennis City of Aventura Resolution No. 2018-_ Section 2. The proposals have been rated on their qualification and experience of firm and personnel who will be directly involved in all elements of the work; the firm's size, age, and organization structure, financial Stability of firm; the firm's experience with recreational management services that is similar to the request of RFP; innovative and creative approaches, ideas, and concepts to providing recreational services as evidenced by the submittal; the proven availability of firm to effectively manage tennis program and court maintenance services to ensure successful programs as directed by the City; and an Aventura preference. The final cost shall be negotiated by the City Manager or her designee and approved by the City Commission prior to said proposal beginning any work for which the City may later be billed. Section 3. In the event the City is unable to come to favorable terms and fees with the top ranked, the City Manager or her designee is hereby authorized to negotiate fees with the alternate ranked. Section 4. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 3'd day of April, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit 1 CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT&COURT MAINTENANCE SERVICES RFP#: 18-02-13-2 Short Listed Evaluation Committee Ranking Oral Presentation Wednesday, February 28,2018 Community Parks& Parks& Parks& Community Services Recreation Recreation Recreation Program Total Company Name Director Manager Supervisor ; Supervisor Manager Points Rank MB Tennis 80 75 81 73 56 365 2 Nunez Tennis Training 110 108 108 108 107 541 . 1 Aventura Sports Advisory Group(ASAG) 40 31 40 _ 39 34 184 , 3 Evaluation Committee Short Listed Total Score is based on Proposal Criteria as outlined on pages 11&12 of the above-referenced RFP under"Evaluation of Proposals" A. . __ ,,,/,/, Signature. .arj , CPPB Date CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Susan Grant City Manager 60 BY: Joanne Carr, AICP CSIZ Community Development Director DATE: March 28, 2018 SUBJECT: Request for Variance from Section 31-171of the City Code for reduced number of parking spaces and reduced number of loading spaces and from Section 31-221 for reduced width of buffer strips and reduced spacing of parking lot islands, all for the Aventura High School (aka Don Soffer Aventura High School) to be located at 3151 NE 213 Street, City of Aventura (01-VAR-18) April 3, 2018 City Commission Meeting Agenda Item Ca . RECOMMENDATION It is recommended that the City Commission approve the following requests for variance for the Aventura Charter High School: 1. Variance from Section 31-171(b)(6) to allow 196 parking spaces where 209 parking spaces are required by Code; and 2. Variance from Section 31-171(d)(2) to allow no loading spaces where 2 loading spaces are required by Code; and 3. Variance from Section 31-221(k)(2) to allow a minimum 5 foot wide landscaped buffer strip along the west and north perimeters of the school parking area, where a minimum 7 foot wide landscaped buffer strip is required by Code; and 4. Variance from Section 31- 221(k)(3) to allow individual rows of contiguous parking spaces with more than 9 spaces in a row, where one island for every nine parking spaces is required by Code subject to the following conditions: Plans shall substantially comply with those submitted as follows: • "Aventura Charter High School", Cover Sheet, Sheet G00.00a, prepared by PGAL, LLC Architecture, dated, 2/8/18 signed and sealed. • "Aventura Charter High School", Overall Site Plan, Sheet A1-01, prepared by PGAL, LLC Architecture, dated 3/14/18, signed and sealed • "Aventura Charter High School" Site Details, Sheet A1.05, prepared by PGAL, LLC Architecture, dated 2/8/18, signed and sealed. • "Aventura Charter High School", Gymnasium Floor Plan, Sheet A2.00, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School", Floor Plan Level 2 Sheet A2.20, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • ""Aventura Charter High School" Floor Plan Level 3 Sheet A2-30, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School", Floor Plan Level 4, Sheet A2.40, prepared by PGAL LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School", Roof Plan, Sheet A2.50, prepared by PGAL, Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School" Gymnasium Exterior Elevations, Sheet A6.00, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School", Elevations Exterior, Sheet A6-.01, prepared by PGAL, LLC Architecture, dated 2/8/2018 signed and sealed. • "Aventura Charter High School", Elevations Exterior, Sheet A6.02, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School" General Notes, Sheet C0.01, prepared by PGAL, LLC Architecture, dated 3/5/18 sign and sealed. • "Aventura Charter High School" Site Plan, Sheet C1.00, prepared by PGAL, LLC Architecture, dated 3/6/18, signed and sealed. • "Aventura Charter High School", Horizontal Control Plan, Sheet C1.01, prepared by PGAL, LLC Architecture, dated 3/6/2018, signed and sealed. • "Aventura Charter High School", Existing and Proposed Easement Plan, Sheet C1.02, prepared by PGAL, LLC Architecture, dated 3/5/2018, signed and sealed. • "Aventura Charter High School", FD Access Plan, Sheet C1.03, prepared by PGAL LLC Architecture, dated 3/6/18, signed and sealed. • "Aventura Charter High School", Bus Turn Plan, Sheet C1.04, prepared by PGAL, LLC Architecture, dated 2/14/18, signed and sealed. • "Aventura Charter High School", Site Details, Sheet C1.10, prepared by PGAL, LLC Architecture, dated 3/5/18, signed and sealed- • ""Aventura Charter High School", Site Details, Sheet C1.11, prepared by PGAL, LLC Architecture, dated 3/5/16, signed and sealed. 2 • "Aventura Charter High School", Erosion Control Plan, Sheet C2.00, prepared by PGAL LLC Architecture, dated 3/5/18, signed and sealed. • "Aventura Charter High School", Erosion and Sediment Control Details, Sheet C2.10, prepared by PGAL, LLC Architecture, dated3/5/18, signed and sealed. • "Aventura Charter High School", Demolition Plan, Sheet C2.50, prepared by PGAL, LLC Architecture, dated 3/5/18, signed and sealed. • "Aventura Charter High School", Paving Grading and Drainage Plan, Sheet C3.00, prepared by PGAL, LLC Architecture dated 3/6/18, signed and sealed. • "Aventura Charter High School", Paving Grading and Drainage Plan, Sheet C3.01, prepared by, PGAL, LLC Architecture dated 3/6/18, signed and sealed. • "Aventura Charter High School", Paving Grading and Drainage Sheet C3.10, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Paving Grading, and Drainage Details, Sheet C3.11, prepared by PGAL, LLC, Architecture dated 2/7/18, signed and sealed. • "Aventura Charter High School", Paving Grading, and Drainage Details, Sheet C3.12, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Grading Profiles, Sheet C3.20, prepared by PGAL, LLC Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", WASD Notes, Sheet C4.00, prepared by PGAL, LLC, Architecture dated 3/5/18, signed and sealed. • "Aventura Charter High School", Overall Utility Plan, Sheet C4.01, prepared by PGAL, LLC, Architecture dated 2/26/2015, signed and sealed. • "Aventura Charter High School", Utility Plan, Sheet C4.02 prepared by PGAL, LLC, Architecture dated 3/5/2018, signed and sealed. • "Aventura Charter High School", Utility Plan, Sheet C4.03, prepared by PGAL, LLC, Architecture dated 3/5/18, signed and sealed. • "Aventura Charter High School", Watermain Profiles, Sheet C4.10, prepared by PGAL, LLC, Architecture dated 3/5/18, signed and sealed. • "Aventura Charter High School", Sewer Profiles, Sheet C4.20, prepared by PGAL LLC, Architecture, dated 3/5/18, signed and sealed. • "Aventura Charter High School", Tree Disposition Plan, Sheet L0.00, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Tree Disposition Plan, Sheet L0.01, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Tree Disposition Plan, Sheet L0.02, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Landscape Plan, Sheet L1.00, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. 3 • "Aventura Charter High School", Landscape Plan, Sheet L1.01, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Landscape Details, Sheet L1.10, prepared by PGAL, LLC, Architecture dated 2/5/18. • "Aventura Charter High School", Landscape Notes, Sheet L1.11, prepared by PGAL, LLC, Architecture dated 2/7/18, signed and sealed. • "Aventura Charter High School", Photometrics Site Plan, Sheet El.01, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. THE REQUESTS City staff is requesting approval of the following variances: 1. 196 parking spaces where 209 parking spaces are required by Code, 2. No loading space where two loading spaces are required by Code, 3. 5 foot wide buffer strips along the west and north school parking area where minimum 7 foot wide buffer strips are required by Code, 4. Contiguous rows of parking spaces with more than 9 spaces in a row, where one island for every 9 spaces is required by Code for the Aventura High School (aka Don Soffer Aventura High School) to be located at 3151 NE 213 Street, City of Aventura. BACKGROUND APPLICANT City of Aventura OWNER OF PROPERTY City of Aventura LOCATION OF PROPERTY 3151 NE 213 Street (See Exhibit#1 for Location Plan) SIZE OF PROPERTY 87,120 square feet (2 acres) LEGAL DESCRIPTION Part Tract "A", Donn Acres, according to the plat thereof recorded in Plat Book 76, Page 30, of the Public Records of Miami-Dade County, City of Aventura, Florida, as described in Exhibit #2 to this report 4 SURROUNDING PROPERTIES Zoning — Subject Property CF, Community Facilities District Property to the North MO, Medical Office District Property to the East ROS, Recreation Open Space Property to the South RS2, Single Family Residential District Property to the West MO, Medical Office District Existing Land Use - Subject Property: vacant land Property to the North: horse barn and parking area Property to the South: single family residential homes Property to the East: Waterways Park Property to the West: vacant land Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject Property: Business and Office Property to the North: Business and Office Property to the South: Medium High Density Residential Property to the East: Parks and Recreation Property to the West: Business and Office The Site — The site is a 2 acre vacant parcel of land immediately to the west of the Waterways Park on NE 213 Street. The lot is 196.67 feet wide on NE 213 Street and 443.13 feet long. The boundary survey is attached as Exhibit #3. The Project —The City proposes to construct a four-story, 60 foot high, 53,418 square foot charter high school on the site. The school has been designed to complement existing architecture of other City facilities, using similar colors and materials. The school will have 39 classrooms, a dining/multipurpose room, warming kitchen and pantry, collaborative spaces, and an administration/office area with clinic and storage. The existing open air basketball court on Waterways Park will be replaced by a fully enclosed school gym. The 35 foot high building will have 10,250 square feet of floor area, bleachers, office, restrooms, storage and concession room. The other existing structures on the Waterways Park will remain in place, including the playground, ballpark, administration building and gatehouse. Shared parking is proposed with Waterways Park immediately adjacent to the east. There are 93 existing parking spaces on the park site and 5 additional spaces will be constructed as part of this 5 project. There are a total of 98 parking spaces to the north, south and west of the school building, for a total on both sites of 196 spaces. A pedestrian walkway connects the school lobby to the existing sidewalk on the north side of NE 213 Street. Bicycle racks at the entry will accommodate 28 bicycles. A fire truck access lane has been provided between the school building and the Waterways Park buildings, as required by the Miami Dade Fire Rescue Department. An 8 foot high perimeter fence will be installed around the school, to connect with the existing perimeter fencing on the park. There will also be fences and gates at the northwest corner of the gym, on the fire access lane, between the gym and park office and at the entry to the parking area west of the school to secure the two sites. Site plan review is currently underway by City staff. Other than the variances requested, the site plan meets all other site development criteria of the CF, Community Facilities District and applicable sections of the City's Land Development Regulations. Final approval of the site plan is subject to approval of this application for variance. ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Business and Office. The Community Facilities (CF) zoning district may be applied to land designated with a future land use designation of Business and Office. Citizen Comments — As of the date of writing of this report, the Community Development Department has received no written citizen comments to date. Community Development Department Analysis — Staff is reviewing the application for administrative site plan approval for development of the Aventura High School (aka Don Soffer Aventura High School) in the Community Facilities (CF) zoning district. Cultural, civic and community centers are permitted uses in this zone. Review of the site plan prepared by the City's consultant has revealed that the building does not meet the required minimum number of parking spaces, minimum number of loading spaces, minimum width of perimeter buffer strip and minimum number of parking lot islands. City staff is requesting approval of variance to these zoning code criteria. Criteria - The standards of review for variance requests are found in Section 31- 76(e)(1) through (5) inclusive of the City's Land Development Regulations. The Code states that "a variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following [standards of review] are met..." Each variance request is evaluated below using those standards of review. Request #1: Variance from Section 31-171(b)(6) to allow 196 parking spaces where 209 parking spaces are required by Code. A total of 209 parking spaces are required by City Code based on the number of classrooms and students. The 196 spaces will be shared parking, with 98 parking spaces on the Waterways Park site and 98 parking spaces on the school site. 6 (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the limited lot area of two acres. In order to accommodate the size of school building needed for 800 students, the bus drop off area and parent/shuttle bus drop off area, parking space area is limited. The proposed site plan includes the greatest number of parking spaces that can be sited in the limited area. All parking spaces meet the size required by City Code. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The size of the site creates the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. Student parking is proposed to be limited to seniors only. The reduced number of parking spaces will accommodate staff and visitor parking and will be mitigated by the limitation on student parking. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. 7 Request#2: Variance from Section 31-171(d)(2) to allow no loading spaces where 2 loading spaces are required by Code. The City Code requires two loading spaces based on the 53,418 square feet of floor area proposed for the school. Deliveries can be accommodated in the parking area at the west limit of the school, adjacent to the warming kitchen/pantry and deliveries can be scheduled before or after school arrival and dismissal. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the limited lot area of two acres. In order to accommodate the size of school building needed for 800 students, the bus drop off area, parent/shuttle bus drop off area and parking spaces, there is no place to site two loading 10 foot wide by 25 foot long loading spaces. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The size of the site creates the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. Deliveries can be accommodated on proposed surface parking area to the west of the school. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. 8 Request #3: Variance from Section 31-221(k)(2) to allow a minimum 5 foot wide landscaped buffer strip along the west and north perimeters of the school parking area, where a minimum 7 foot wide landscaped buffer strip is required by Code. The City Code requires a minimum 7 foot wide landscaped buffer strip adjacent to all vehicular use areas. The proposed buffer strip to the north and west of the school parking area and driveway ranges between 6.4 feet and 5.0 feet. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the limited lot area of two acres. In order to accommodate the size of school building needed for 800 students, the bus drop off area, parent/shuttle bus drop off area and parking spaces, the size of the buffer strips are reduced. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The size of the site creates the need for the requested variance. (4)The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The reduced width of buffer strip will accommodate planting of trees and ground cover. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. 9 The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Request #4: Variance from Section 31- 221(k)(3) to allow individual rows of contiguous parking spaces with more than 9 spaces in a row, where one island for every nine parking spaces is required by Code. The City Code requires that surface parking lots be designed so that there is no less than one landscaped island for every nine parking spaces, or portion thereof. There are 4 rows with 10 parking spaces between landscaped islands and 2 rows of 11 parking spaces between landscaped islands. All other areas comply with the City Code requirement. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the limited lot area of two acres. In order to accommodate the size of school building needed for 800 students, the bus drop off area, parent/shuttle bus drop off area and parking spaces, there are 6 rows of parking where an island is not provided at every nine spaces. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The size of the site creates the need for the requested variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The school site is joined to the Waterways Park site, which provides landscape and open space. 10 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. 11 .. - BROWARD COUNTY I U-__.—_ DADE COUNTY :' .4VTa'AYTL7V�.VII tit�•r< .■ Gulfstream ` _ • a •R. ■ II Park :■ ■ t■ Subject Site RINA ■ , Acennu aHARBOR CIRCLE • .iiHospital ,O _� WAY ■ f r &Cente�ul f ■ ,, 1Ne WA • V — --..0■ M '■ (j II■ Waterways ■ a w L__/—WATERWAYS Shoppes 207 ST. i - •w ; Exhibit 2 01-VAR-18 Legal Description of Land A parcel of land being a portion of Tract A, Donn Acres also being a portion of the north one-half (N. 1/2) of Section 34, Township 51 South, Range 42 East, according to the plat thereof recorded in Plat Book 76, Page 30, of the Public Records of Miami-Dade County, Florida, said parcel being more particularly described as follows: Commence at the northeast corner of the north one-half (N. 1/2) of said Section 34, said point also being the northeast corner of Tract B of said Donn Acres; thence s.88°01'22"w., along the north line of said north one-half (N 1/2), the north line of said Tracts A and B, a distance of 911.50 feet; thence S01°52'05"E. a distance of 186.43 feet to a point on the west line of that certain parcel of land (City Park), described in Official Records Book 25122, Page 4596 of said Public Records and to the point of beginning of the herein described parcel of land; thence continue S01°52'05"E, along said west line, a distance of 442.98 feet to a point on the north right-of-way line of NE. 213th Street, as described in Official Records Book 17973, Page 3869, of said public records; thence S88°01'22"W along the said north right-of-way line, a distance of 196.67 feet; thence N01°52'05"W, a distance of 442.98 feet; thence N88°01'22"E, a distance of 196.67 feet to the point of beginning. 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WHEREAS, the property described herein is zoned CF, Community Facilities District; and WHEREAS, the applicant, City of Aventura, through Application No. 01-VAR-18, is requesting Variance from Section 31-171(b)(6) to allow 196 parking spaces where 209 parking spaces are required by Code; and Variance from Section 31-171(d)(2) to allow no loading spaces where 2 loading spaces are required by Code; and Variance from Section 31-221(k)(2) to allow a minimum 5 foot wide landscaped buffer strip along the west and north perimeters of the school parking area, where a minimum 7 foot wide landscaped buffer strip is required by Code; and Variance from Section 31-221(k)(3) to allow individual rows of contiguous parking spaces with more than 9 spaces in a row, where one island for every nine parking spaces is required by Code. WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. City of Aventura Resolution No. 201 8- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-171(b)(6) to allow 196 parking spaces where 209 parking spaces are required by Code; and Variance from Section 31-171(d)(2) to allow no loading spaces where 2 loading spaces are required by Code; and Variance from Section 31-221(k)(2) to allow a minimum 5 foot wide landscaped buffer strip along the west and north perimeters of the school parking area, where a minimum 7 foot wide landscaped buffer strip is required by Code; and Variance from Section 31- 221(k)(3) to allow individual rows of contiguous parking spaces with more than 9 spaces in a row, where one island for every nine parking spaces is required by Code, on property legally described as follows: A parcel of land being a portion of Tract A, Donn Acres also being a portion of the north one-half (N. 1/2) of Section 34, Township 51 South, Range 42 East, according to the plat thereof recorded in Plat Book 76, Page 30, of the Public Records of Miami-Dade County, Florida, said parcel being more particularly described as follows: Commence at the northeast corner of the north one-half(N. 1/2) of said Section 34, said point also being the northeast corner of Tract B of said Donn Acres; thence s.88°01'22"w., along the north line of said north one-half (N 1/2), the north line of said Tracts A and B, a distance of 911.50 feet; thence SOI°52'05"E. a distance of 186.43 feet to a point on the west line of that certain parcel of land (City Park), described in Official Records Book 25122, Page 4596 of said Public Records and to the point of beginning of the herein described parcel of land; thence continue SOl°52'05"F. along said west line, a distance of 442.98 feet to a point on the north right-of-way line of NE. 213th Street, as described in Official Records Book 17973, Page 3869, of said public records; thence S88°01'22"W along the said north right-of-way line, a distance of 196.67 feet; thence N01°52'05"W, a distance of 442.98 feet; thence N88°01'22"E, a distance of 196.67 feet to the point of beginning. Said lands situate within the City of Aventura, Miami-Dade County. Florida, containing 2.0 acres, (87,120 square feet) more or less is hereby granted, subject to the following conditions: Page 2 of 6 City of Aventura Resolution No.2018- 1. Plans submitted for permitting shall substantially comply with those submitted as follows: • "Aventura Charter High School", Cover Sheet, Sheet G00.00a, prepared by PGAL, LLC Architecture, dated, 2/8/18 signed and sealed. • "Aventura Charter High School", Overall Site Plan, Sheet Al-01, prepared by PGAL, LLC Architecture, dated 3/14/18, signed and sealed. • "Aventura Charter High School" Site Details, Sheet A1.05, prepared by PGAL, LLC Architecture, dated 2/8/18, signed and sealed. • "Aventura Charter High School", Gymnasium Floor Plan, Sheet A2.00, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School", Floor Plan Level 2 Sheet A2.20, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • ""Aventura Charter High School" Floor Plan Level 3 Sheet A2-30, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School", Floor Plan Level 4, Sheet A2.40, prepared by PGAL LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School", Roof Plan, Sheet A2.50, prepared by PGAL, Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School" Gymnasium Exterior Elevations, Sheet A6.00, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School", Elevations Exterior, Sheet A6-.01, prepared by PGAL, LLC Architecture, dated 2/8/2018 signed and sealed. • "Aventura Charter High School", Elevations Exterior, Sheet A6.02, prepared by PGAL, LLC Architecture, dated 2/8/2018, signed and sealed. • "Aventura Charter High School" General Notes, Sheet C0.01, prepared by PGAL, LLC Architecture, dated 3/5/18 sign and sealed. • "Aventura Charter High School" Site Plan, Sheet C1.00, prepared by PGAL, LLC Architecture, dated 3/6/18, signed and sealed. • "Aventura Charter High School", Horizontal Control Plan, Sheet C1.01, prepared by PGAL, LLC Architecture, dated 3/6/2018, signed and sealed. • "Aventura Charter High School", Existing and Proposed Easement Plan, Sheet C1.02, prepared by PGAL, LLC Architecture, dated 3/5/2018, signed and sealed. • "Aventura Charter High School", FD Access Plan, Sheet C1.03, prepared by PGAL LLC Architecture, dated 3/6/18, signed and sealed. • "Aventura Charter High School", Bus Turn Plan, Sheet C1.04, prepared by PGAL, LLC Architecture, dated 2/14/18, signed and sealed. • "Aventura Charter High School", Site Details, Sheet C1.10, prepared by PGAL, LLC Architecture, dated 3/5/18, signed and sealed. • ""Aventura Charter High School", Site Details, Sheet C1.11, prepared by PGAL, LLC Architecture, dated 3/5/18, signed and sealed. • "Aventura Charter High School", Erosion Control Plan, Sheet C2.00, prepared by PGAL LLC Architecture, dated 3/5/18, signed and sealed. Page 3 of 6 City of Aventura Resolution No. 2018-_ • "Aventura Charter High School", Erosion and Sediment Control Details, Sheet C2.10, prepared by PGAL, LLC Architecture, dated3/5/18, signed and sealed. • "Aventura Charter High School", Demolition Plan, Sheet C2.50, prepared by PGAL, LLC Architecture, dated 3/5/18, signed and sealed. • "Aventura Charter High School", Paving Grading and Drainage Plan, Sheet C3.00, prepared by PGAL, LLC Architecture dated 3/6/18, signed and sealed. • "Aventura Charter High School", Paving Grading and Drainage Plan, Sheet C3.01, prepared by, PGAL, LLC Architecture dated 3/6/18, signed and sealed. • "Aventura Charter High School", Paving Grading and Drainage Sheet C3.10, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Paving Grading, and Drainage Details, Sheet C3.11, prepared by PGAL, LLC, Architecture dated 2/7/18, signed and sealed. • "Aventura Charter High School", Paving Grading, and Drainage Details, Sheet C3.12, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Grading Profiles, Sheet C3.20, prepared by PGAL, LLC Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", WASD Notes, Sheet C4.00, prepared by PGAL, LLC, Architecture dated 3/5/18, signed and sealed. • "Aventura Charter High School", Overall Utility Plan, Sheet C4.01, prepared by PGAL, LLC, Architecture dated 2/26/2015, signed and sealed. • "Aventura Charter High School", Utility Plan, Sheet C4.02 prepared by PGAL, LLC, Architecture dated 3/5/2018, signed and sealed. • "Aventura Charter High School", Utility Plan, Sheet C4.03, prepared by PGAL, LLC, Architecture dated 3/5/18, signed and sealed. • "Aventura Charter High School", Watermain Profiles, Sheet C4.10, prepared by PGAL, LLC, Architecture dated 3/5/18, signed and sealed. • "Aventura Charter High School", Sewer Profiles, Sheet C4.20, prepared by PGAL LLC, Architecture, dated 3/5/18, signed and sealed. • "Aventura Charter High School", Tree Disposition Plan, Sheet L0.00, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Tree Disposition Plan, Sheet L0.01, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Tree Disposition Plan, Sheet L0.02, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Landscape Plan, Sheet L1.00, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Landscape Plan, Sheet L1.01, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. • "Aventura Charter High School", Landscape Details, Sheet L1.10, prepared by PGAL, LLC, Architecture dated 2/5/18. • "Aventura Charter High School", Landscape Notes, Sheet L1.11, prepared by PGAL, LLC, Architecture dated 2/7/18, signed and sealed. • "Aventura Charter High School", Photometrics Site Plan, Sheet E1.01, prepared by PGAL, LLC, Architecture dated 3/7/18, signed and sealed. Page 4 of 6 City of Aventura Resolution No. 2018- 2. Permits shall be obtained within twelve (12) months of the date of the resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 3rd day of April, 2018. Page5 of 6 City of Aventura Resolution No. 2018- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2018. CITY CLERK Page 6 of 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Susan Grant 1oi City Manager Ire BY: Joanne Carr, AICP Community Development Director DATE: March 28, 2018 SUBJECT: Request of Food of all Nations Inc. dba Sarah's Tent for Conditional Use Approval to establish a kosher liquor package store within the commercial plaza tenant space at Suite A-1, 3565 NE 207 Street, City of Aventura, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages pursuant to Section 4-2(a) and (b) of the City Code (01-CU-18) April 3, 2018 City Commission Meeting Agenda Item 66 RECOMMENDATION It is recommended that the City Commission approve the conditional use application to establish a kosher liquor package store within a tenant space in the commercial plaza at 3565 NE 207 Street, City of Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to Food of all Nations Inc. dba Sarah's Tent in the commercial plaza tenant space at Suite A-1, 3565 NE 207 Street, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The applicant shall obtain a State of Florida liquor license for package sales only with no sales by the drink or consumption on premises permitted. 4. The applicant shall provide responsible vendor training programs for its associates. 5. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3 of the City Code, namely, between the hours of S a.m. and 10 p.m., except for sales on Christmas Eve and New Year's Eve when sales are permitted until 12 midnight. 6. The applicant shall implement the security measures outlined in its Supplemental Letter of Intent dated March 23, 2018. 7. The liquor package store shall be operated in conjunction with the adjacent grocery store. This conditional use approval shall terminate in the event the grocery store use is terminated. 8. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and/or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Manager's observation. THE REQUEST The applicant, Food of all Nations Inc. dba Sarah's Tent, is requesting Conditional Use approval to establish a kosher liquor package store in a 450 square foot space adjacent to its kosher grocery store in the tenant space at the southwest corner of the commercial plaza known as The Shoppes at the Waterways at 3565 NE 207 Street, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages of Section 4-2 (a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Waterways Plaza LLC APPLICANT Food of all Nations Inc. dba Sarah's Tent ADDRESS OF TENANT SPACE 3565 NE 207 Street, City of Aventura (See Exhibit#2 for Location Map) SIZE OF PROPERTY: Approximately 9.16 acres (entire plaza site) Tenant Space is 12,000 square feet Proposed Liquor Store is 450 square feet inside 12,000 square foot tenant space LEGAL DESCRIPTION Tract F, The Waterways Section 2, Plat Book 122, Page 87 of the Public Records of Miami- Dade County, Florida, City of Aventura Zoning — Subject Property: B2 Community Business District 2 Properties to the North: RMF3 Multifamily Medium Density Residential District CNS Conservation District Properties to the South: CNS Conservation District Properties to the East: RMF3 Multifamily Medium Density Residential District Properties to the West: CNS Conservation District Existing Land Use — Subject property: Commercial Plaza Properties to the North: Marina and Residential Townhomes Properties to the South: Canal Properties to the East: Residential Apartments Properties to the West: Conservation Area Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Business and Office Property to the North: Water and Medium Density Residential Property to the South: Water Property to the East: Medium Density Residential Property to the West: Parks and Recreation The Site - The subject site contains a commercial plaza, known as The Shoppes at the Waterways, containing five separate structures with 87,578 square feet of retail, office and restaurant uses. The plaza was constructed in 1984, prior to incorporation of the City. A total of 389 parking spaces are required by City Code, where 477 parking spaces are provided in surface parking areas to the west and south of the main plaza buildings. The applicant's tenant space is located in the southwest corner of the plaza. It currently operates a kosher grocery store known as Sarah's Tent. There will be no impact on parking spaces since the 450 square foot store is proposed to be constructed inside the existing 12,000 square foot grocery store tenant space, that is, the grocery store will be reduced by approximately 450 square feet. The Project - Food of all Nations Inc., doing business as Sarah's Tent, proposes to establish a kosher liquor package store within its existing grocery store at the Waterways Plaza. The liquor store is planned as a separate walled area of approximately 450 square feet within the 12,000 square foot grocery store, with separate exterior door, as shown on the sketch attached as Exhibit #3 to this staff report. Beer and wine are currently sold in the grocery store, as permitted by Chapter 4 of the City Code. The separate liquor store is planned for sale of kosher liquors. The beer and wine will remain in the existing sales area within the grocery store. A liquor package store is a permitted use in the B2 zoning district; however, conditional use approval is required due to the distance and spacing requirements of Chapter 4 of 3 the City Code. Section 4-2 (a) and (b) of the City Code establishes certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that no premises shall be used for the sale and service of alcoholic beverages to be consumed on or off premises unless it is located at least 1500 feet from a place of business having an existing liquor license (and not one of the uses excepted from the spacing requirements) and 2500 feet from a religious facility or school. It allows certain exemptions detailed in Section 4-2(e) of the City Code and noted below in the Analysis of this request. There is one religious facility within 2500 feet of the proposed store, therefore the distance and spacing requirement is not met. A liquor package sales store is not one of the exemption conditions in Chapter 4 of the City Code. Therefore, conditional use approval is required prior to establishment of the proposed liquor package store. The Aventura Police Department has reviewed the application. There is an alley immediately to the west of the proposed store, between the plaza building and the residential townhomes. Its concerns with establishment of a liquor store are that sufficient surveillance and lighting are provided to discourage robberies and to discourage consumption of alcoholic beverages in the alley or other plaza areas outside the store. The applicant's surveillance and lighting proposals outlined in the Supplemental Letter of Intent dated March 20, 2018, attached as Exhibit #4, satisfy the police department concerns. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This store is located within property with a Business and Office land use designation which permits commercial uses. Citizen Comments - The Community Development Department has received no written citizen comments as of the date of writing of this report. Community Development Department Analysis - The applicant is requesting conditional use approval for the establishment of a kosher liquor package sales store. Chapter 4 of the City Code, regulating the sale of alcoholic beverages, provides that unless approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on- or off-premises at locations less than 1,500 ft. from another place of business having an established alcoholic beverage use (and not one of the uses excepted from the spacing requirement), or at locations less than 2,500 feet from a religious facility or school. The applicant has submitted a liquor survey which shows one religious facility located 137 feet from the proposed liquor store. This is the Young Israel of Aventura Orthodox Synagogue on the second floor of the office building at the entrance of the Waterways Plaza. There are four restaurants with liquor licenses within150 feet of the proposed liquor package store, but these four restaurants are all uses exempted from the spacing 4 and distance requirements of the City Code. The liquor survey is attached as Exhibit #5 to this report. Section 4-2 (e) of the City Code provides for ten exceptions to these spacing and distance requirements. An establishment selling alcoholic beverages is exempt from the 1,500-foot and 2,500-foot spacing distances if it falls within one of the following categories: • A private club conforming to the requirements of a private club as stated in the State Beverage Law. • Restaurants in the B1, 82, TC1, TC2 and TC3 zoning districts which serve cooked, fully course meals daily prepared on the premises and which provides alcoholic beverages service only to persons seated at tables. • Cocktail lounges in restaurants where the restaurant seats 200 or more patrons at tables or counts and occupies more than 4000 square feet of floor space. • Beer and wine for off-premises consumption as a grocery item, from grocery stores and meat markets. • Bowling alleys with restaurants, • Hotels and motels with at least 100 guest rooms • Golf course clubhouses and refreshment stands • Tour boats • Tennis clubs and indoor racquetball clubs • Not-for-profit theatres with live performances and 100 seats. The proposal does not meet any of these definitions for exemption. Although beer and wine package sales in a grocery store are one of the exemptions, liquor package sales require conditional use approval. Criteria - According to Section 31-73(c) of the City's Land Development Regulations, a Conditional Use request is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the Comprehensive Plan. The establishment is to be located on a parcel with business and office land use designation which permits commercial uses. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The request for establishment of a liquor package store within an existing commercial plaza will not be detrimental to or endanger the public health, safety or general welfare. There is a concrete wall and landscape buffer between the proposed tenant space, driveway and the residential townhomes to the west. The applicant's security plan includes cameras and lighting at the store entrance 5 and exit and in the alley between the store and residential townhomes, along with a security guard. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The request for establishment of a liquor package store is consistent with the business community character of the immediate neighborhood. The store is to be operated in conjunction with the existing kosher grocery store. There are other adjacent commercial/retail stores and restaurants in the plaza. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the Land Development Regulations. The proposal will not affect the adopted levels of service. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The store is accessed by way of existing entrances and exits to NE 207 Street. The proposed use will not affect approved ingress and egress. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of a liquor package store will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse affects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The liquor package store is proposed to be established within an existing tenant space in a commercial plaza. The store entrance will front onto NE 207 Street. There will be no visual impact of the proposed use on adjacent property. 6 3225 Franklin Avenue,3ulw C poi Samuel A. Rubert, P.A. 313 Attorney at Law 10, en7Q:4199 F:888.344:1798 sruberl nrubertlaw,con: rubertlaw.con December 14, 2017 VIA HAND DELIVERY - cFr - Ms. Joanne Can 1 5 2017 Community Development Director FILL City of Aventura Planning &Zoning Department 19200 West Country Club Drive Aventura. Florida 33180 RE: Application for Conditional Use before the Board of Adjustment (the "Application"): 3565 NE 207 St,Suite A-1, Aventura, Florida (the"Property") Dear Ms. Carr: I represent Food of all Nations, Inc. d/b/a Sarah's Tent("Applicant"), tenant of the above- captioned Property, in connection with the above-referenced Application. Please accept This letter of Intent detailing our request for a Conditional Use (the "Conditional Use") pursuant to Sections 4-2 and 31-73 of the City of Aventura (the "City") Code of Ordinances ;Inc "Code"). L The Property The Property has a sheet address of 3565 NE 207 St, Suite A- I. and is assessed under folio # 28-1235-027-0020. It is located in the southwest corner of the Shoppes at the Waterways. An aerial photograph of the Property is enclosed with the Application for your ease of reference. The Property is currently licensed as a Grocery, Store and sells beer and wine for consumption oil We premise.;. I hi Property is zoned 6000 Commercial mnercial General II. Conditional Use As detailed in the enclosed Application, the Applicant is proposing to construct a Kosher liquor store for the sale of beer, wine, and liquor fin consumption off the premises in a portion of the Propeh,-. flow ever.the property is located within 2.500 feet of Congregation Lev To-._ which is also located in the .Shoppes at the Waterways, which requires that the Applicant obtain it Conde t .,::I 1 se pw vuent to Section 4-2(b) of the Code. While the intention of the Code is to protect congregations from the unwanted interruptions sometimes caused by alcoholic Exhibit 1 01-CU-18 C Ms. Joanne Carr, Community Development Director December 14, 2017 Page 2 beverage uses, this particular use is desirable to the community it serves. including members of the very congregation whose location is the basis for this Application. III. Conditional Use Criteria As detailed below, the Conditional Use Application satisfies all seven (7) of the criteria contained in Section 31-73(c) of the Code: i. The proposed use shall be consistent with the Comprehensive Plan: Satisfied: The current Comprehensive Plan and the Future Land Use map provide for commercial uses such as the proposed Kosher package alcoholic beverage store at this location. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare: Satisfied: The commercial package alcoholic beverage store shall be operated and maintained to the same standards as the existing business. the proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; Satisfied! The proposed use will be a minor expansion of the current use from one that sells beer and wine for off premise consumption to one that sells beer,wine, and spirits for off premise consumption. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or Will be available concurrent with demand as provided for in the requirements of theses LDRs; Satisfied: The proposed use will not affect the current usage of public services. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; - Satisfied: The proposed use will not negatively affect current traffic congestion. r r- Ms. Joanne Can, Community Development Director December 14,2017 Page 3 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district: and Satisfied: The proposed use will not affect the development of surrounding properties. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. Satisfied: The proposed use will not involve any expansion or modification of the exterior of the existing buildings at the Shoppes of the Waterways. IV. Conclusion As detailed in the Application, the proposed use mill be a benefit to the neighborhood and community and mill have no negative effects on the city or its citizens. The need for the Conditional Use is the proximity of the existing grocery store selling beer and wine for off premise consumption to a religious congregation. The additional impact of selling Kosher spirits, if any, is negligible. We look forward to your favorable review and recommendation on our Application. Please do not hesitate to contact me in the event you have any questions or require any further information to process the Application. Rega Samuel A. Rubcrt cc: Client BROWARD COUNTY 12 - •■IM••—•—•—•••4i1S1 -w Yin 71,•17•*L'4'J7'Z•:TB:� •�•— MEI — DADE COUNTY :� 1 ■yV7's•�7y7•i7y�raR�•� Gaurlfstream • YACHT LUB DR. • .• 1 '• MARINA ■ :. Avennrru HARBOR COVE :• Hospital )� _� WAY CIRCLE . j • h Medi(ill �1 __ W ■ is Center � Q -IA 1N�R A — • ■ C• © • • () 1;1:),I ■ Waterways I ■ j"WATERWAYSShoppes ST. 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Rubert, r Coconut Grove,Florida 33133 Attorney at Law o:305.791.4199 F:888.344.1798 srubert@rubertlaw.com www.rubertlaw.com March 23, 2018 VIA FEDEX Ms. Joanne Carr Community Development Director City of Aventura Planning&Zoning Department 19200 West Country Club Drive Aventura, Florida 33180 RE: Application for Conditional Use before the Board of Adjustment (the "Application"): 3565 NE 207 St,Suite A-1,Aventura,Florida(the"Property") Dear Ms. Can: As you know, I represent Food of all Nations, Inc. d/b/a Sarah's Tent("Applicant"),tenant of the above-captioned Property, in connection with the above-referenced Application. Please accept this Supplemental Letter of Intent detailing our additional information arising from our discussions regarding security and safety surrounding the proposed Conditional Use. I. Hours of Operation The proposed hours of operation for the Conditional Use package liquor store { (selling only spirits—beer and wine will continue to be sold from the grocery store premises) shall be as follows: Current Grocery Store Hours Proposed Liquor Store Hours Sunday—Wednesday 8 AM to 9 PM Sunday—Wednesday 11 AM to 9 PM Thursdays 8 AM to 11 PM Thursdays 11 AM to 10 PM Fridays 7:30 AM to 2 hours before Shabbat Fridays 10 AM to 4 PM Limited hours during Jewish Holidays Liquor store will be closed on ALL Jewish Holidays II. Security Cameras Last week two security cameras were added to the front of the store by Only Electric,do Koby Abou,(954)257-8508. The cameras installed are 13 ft high from the floor; one is facing the front parking lot, and the other is facing the entrance and exit door. Exhibit 4 01-CU-18 Ms. Joanne Carr, Community Development Director March 20,2018 Page 2 This week the company added two more security cameras in the alley, in addition to the existing cameras at the front of the store. These cameras are 9 ft high from the floor and are facing opposite sides. Make and Model: ACEGEAR CT2282 Specifications: HD1080p TVI 2.8-12mm Varifocal Lens Vandal Proof IR Dome Camera 2.8-12mm Vari-focal lens HD1080p Video Output HD-TVI Standard Technology True Day/Night, Smart IR Up to 40m IR distance 24 pcs. 131 ft IR LEDs IP66 weatherproof& Vandal Proof OSD menu controlled via UTC 12VDC,4W Max UL Listed There is one pre-existing camera located outside, by the rear fire exit door, overlooking the alley and a small part of the parking lot. ** NOTE: Applicant will provide pictures of the installed cameras and a floor plan/sketch of the premise showing where the cameras are/will be located upon request. III. Security Guard Attached is a contract for the security company providing a security guard for Applicant's proposed Conditional Use. I have requested a fully executed copy to be available for the hearing on April 31. The company providing the security guard is ADVANCE PRO SECURITY, LLC; 3440 N.E. 192 STREET, #513; AVENTURA, FL 33180; (786) 508-5558; License# B 1400177. Attached are the screenshots of the company's license and all of the company's "companion licenses," as they are so referred on the FL Department of Agriculture and Consumer Services website. A guard has been working since March 15'h. Currently, the guard is only working on Thursdays from l0am-10pm and Fridays from 8am-3pm (also shown on the contract). Once the liquor store is ready to open, Applicant will accordingly adjust the hours the security guard is present. The guard is only surveilling the grocery store and its surrounding area. Ms. Joanne Carr, Community Development Director March 20, 2018 Page 3 IV. Li2htin� Applicant will be installing an LED light system to light up the proposed Conditional Use, including the alley behind the store. The Applicant and its landlord are currently negotiating who will pay for the installation and which contractor to hire. ** NOTE: Applicant will provide details of the lighting upon request. V. Conclusion As detailed in this Supplemental Letter of Intent,the Applicant intends to be a good neighbor in the City and do all it can to reduce its impact on any public services. The Applicant will continue to do so on an ongoing basis, as its owners are not just servicing the community, they are a part of it. Therefore, the additional impact of a Kosher spirits store on the City should be negligible. We look forward to your favorable review and recommendation on our Application. Please do not hesitate to contact me in the event you have any questions or require any further information to process the Application. Regards Samuel A. Rubert cc: Client Enclosures as stated Advance Pro Security LLC SECURITY GUARD SERVICE AGREEMENT This Agreement entered into as of this 81 day of March, 2018, by and between ADVANCE PRO SECURITY LLC.,and Sarah's Tent Kosher Market, located at 3565 NE 207'h St. Al, Aventura, FL. 33180, (hereinafter referred to as "CLIENT"). WHEREAS, ADVANCE PRO SECURITY is engaged in the business of providing various types and classifications of Security Guard services;and WHEREAS, CLIENT desires to hire ADVANCE PRO SECURITY to provide Security Guard services, hereinafter described and upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the promises herein contained and other valuable consideration, receipt of which is hereby acknowledged,the parties hereby agree to the terms and conditions set forth herein,which the CLIENT has read and accepted. 1. SECURITY GUARD SERVICES: A. During the term of this Agreement, CLIENT hereby hires and agrees to use ADVANCE PRO SECURITY and ADVANCE PRO SECURITY hereby agrees to provide to CLIENT,the Security Guard Services described on the SPECIFICATIONS SCHEDULE attached to this Agreement. B. The number of guards, guard posts,their location, and the hours and nature of guard duties (i.e.. post orders) may be varied from time to time at the CLIENT'S request to meet CLIENT'S requirements; provided however,that any variation or amendments from the SPECIFICATIONS SCHEDULE shall be in writing and signed by both parties in order to be effective. C. The guards shall perform such guard services as the CLIENT may request in writing from time to time, so long as approved by ADVANCE PRO SECURITY in writing. All guards shall be and remain employees of ADVANCE PRO SECURITY, which is an independent contractor of CLIENT. The payment of wages,federal and state taxes,social security,and unemployment compensation taxes shall be the sole responsibility of ADVANCE PRO SECURITY. D. CLIENT acknowledges that the degree and amount of security services provided by ADVANCE PRO SECURITY are based upon the desires and directions provided by CLIENT;and that additional services and hours are available at an additional cost. CLIENT acknowledges that the furnishing of security services provided for herein by ADVANCE PRO SECURITY does not guarantee protection against all contingencies.ADVANCE PRO SE E. CURITY shall have no obligation to suggest or recommend additional services to CLIENT. 2. TERM: A. Services furnished by ADVANCE PRO SECURITY shall commence on the COMMENCEMENT DATE stated on the SPECIFICATION SCHEDULE and shall expire on the EXPIRATION DATE stated on the SPECIFICATION SCHEDULE. B. This Agreement may be canceled by either parry with cause,which shall require thirty(30)days'notice (pursuant to paragraph 7)specifying the cause alleged. C. This Agreement shall renew for successive thirty(30)days periods after the EXPIRATION DATE. Client Initials Advance Pro Security Initials Advance Pro Security LLC D. In the event that either party terminates without the required notice, or breaches this Agreement, that parry shall be liable for damages. E. In the event CLIENT determines that cause exists for termination of this Agreement,CLIENT shall give written notice to ADVANCE PRO SECURITY in the manner specified in paragraph 7 below, stating with particularity the alleged"cause".ADVANCE PRO SECURITY shall then have a period of fifteen (15)business days from the receipt of such notice to cure to CLIENT'S reasonable satisfaction; failing which CLIENT may elect to terminate this Agreement. F. The failure of CLIENT to pay any invoice when due shall constitute an event entitling ADVANCE PRO SECURITY to terminate this Agreement without the necessary thirty(30)days written notice, in addition to all other rights and remedies. 3. RATES: A. CLIENT shall pay to ADVANCE PRO SECURITY the base rates set forth in the SPECIFICATION SCHEDULE for the services enumerated therein.CLIENT agrees that any service requested above and beyond the contracted hours shall be billed at the overtime rate set forth on the SPECIFICATION SCHEDULE. B. Holiday Rates will be billed on the following holidays: Memorial Day, 4th of July, Labor Day, Thanksgiving,Christmas and New Year's Day. C. ADVANCE PRO SECURITY shall invoice CLIENT for services rendered,which shall be payable upon receipt. Payment no received by the thirtieth (30th) day after the receipt of invoice shall accumulate interest on the unpaid balance at the rate of 1'/2%per month,but in no event to exceed the maximum lawful rate. D. In the event of any change in law,regulation,ruling,or other subject mandate,after the execution if this Agreement, by any governmental authority having jurisdiction over subject matter, which alters the hours of service,rates of pay,working conditions, or costs of performing the services herein provided for, CLIENT agrees that this Agreement shall be subject to renegotiation to take into account such increased cost factors. E. Should a condition arise which calls for a substantial in the number of guards normally used to service CLIENT,ADVANCE PRO SECURITY shall have a reasonable time in which to provide guards. F. There will be an increase in rates effective January 1 st of each calendar year.Notification of the percent of such an increase will be sent to the CLIENT by ADVANCE PRO SECURITY on or about November 1 st annually. 4. LIABILITY AND CLAIMS: A. It is agreed and understood that ADVANCE PRO SECURITY is not an insurer property or person guarded. ADVANCE PRO SECURITY makes no warranty, express or implied, that the services it furnishes will avert or prevent occurrences,or the consequences there from,which may result in loss or damage. B. In no event shall ADVANCE PRO SECURITY be liable to CLIENT for any claim other than once which arises during the performance of services under this Agreement and which is caused by the negligence or intentional conduct of ADVANCE PRO SECURITY,its employees or agents while acting within the scope of their duties and authority.In no events shall ADVANCE PRO SECURITY be liable for any claim caused in whole or in part by the acts or omissions of CLIENT or third parties or their respective employees or agents,or for consequential or incidental damages or loss of profits. C. ADVANCE PRO SECURITY shall procure and maintain, at its sole cost or expense, a policy of insurance,with a Broad Form Comprehensive General Liability Endorsement applicable to the security services provided hereunder,on an occurrence basis,with a limit of one million dollars($1,000,000). Client Initials Advance Pro Security Initials Advance Pro Security LLC D. The services provided under this Agreement are solely for the benefit of CLIENT and neither this Agreement nor any services rendered hereunder confer any right on any other parry as a third-party beneficiary,or otherwise. E. CLIENT and ADVANCE PRO SECURITY shall give each other written notice, by registered or certified mail, return receipt requested, of a claim or potential claim arising out of or relating to this agreement or the services provided by ADVANCE PRO SECURITY,within thirty(30)days following the date ofthe occurrence giving rise to such claim or potential claim.Such notice shall contain sufficient information as to the time,place,date,nature and extent of such claim or potential claim as shall enable ADVANCE PRO SECURITY to be properly advised and make a reasonable assessment thereof. F. CLIENT shall provide reasonable cooperation to ADVANCE PRO SECURITY and to such insurer(s) as ADVANCE PRO SECURITY may designate in order that claim or potential claim may be fully investigated and evaluated by such insurer(s). CLIENT acknowledges that any failure to provide such cooperation may result in the denial of its claim. G. No actions,suits,or proceedings to recover any claim arising out of or relating to this Agreement or the services provided by ADVANCE PRO SECURITY shall or may be brought against either party by the other or by any person or party deriving rights or claiming through a party by the other unless(1)written notice of such claim was given to the other parry in the manner and form set forth in this paragraph 4; and(2)such action,suit,or proceeding is instituted within twelve(12)months following the date of the occurrence giving rise to such claim. H. CLIENT agrees that in no event shall there be any right of offset or set off,and that it shall not be entitled to retain any sums due ADVANCE PRO SECURITY against any claims or potential claims against ADVANCE PRO SECURITY. I. Client will provide a safe storage area where ADVANCE PRO SECURITY can leave its equipment that is needed in the performance of the security duties to be performed. The client will reimburse loss or damage of the equipment by the client's representatives to ADVANCE PRO SECURITY after receipt of an invoice from ADVANCE PRO SECURITY. J. If CLIENT requests security personnel to operate any vehicle during the course of their duties, other than a personal vehicle belonging to security personnel or one supplied by ADVANCE PRO SECURITY, CLIENT agrees to indemnify and defend ADVANCE PRO SECURITY against any claims,losses or other expenses that may arise from the use of said vehicle. 5. HAZARDOUS OR DEFECTIVES CONDITIONS/MATERIALS: A. CLIENT agrees that it will comply with all safety or health-related laws,or governmental requirements, including Hazard Communications Standards, and will indemnify and hold ADVANCE PRO SECURITY harmless from all claims and liabilities, including employees or agents, arising out of a condition existing at CLIENT'S premises,or CLIENT'S violation of any such laws requirements. B. CLIENT further agrees to:(i)make available to ADVANCE PRO SECURITY the Material Safety Data Sheet for each hazardous chemical to Which ADVANCE PRO SECURITY'S personnel may be exposed at CLIENT'S promises;(ii)inform ADVANCE PRO SECURITY of: (a) Precautionary measures that need to be protect ADVANCE PRO SECURITY'S personnel, and (b) CLIENT'S hazardous material labeling system. 6. PROHIBITION OF EMPLOYMENT: It is agreed between the parties that ADVANCE PRO SECURITY is not employment agency and that ADVANCE PRO SECURITY has a substantial investment in its employees that are assigned to CLIENT'S premises and facilities. Therefore, in consideration of ADVANCE PRO SECURITY assigning security guard personnel to CLIENT'S facilities, CLIENT agrees that it shall not employ, directly or indirectly, for the performance of security or other services any person employed by ADVANCE PRO SECURITY, during or for a period of six (6) months Client Initials Advance Pro Security Initials Advance Pro Security LLC after the terms of this Agreement. CLIENT shall not cause, permit, nor suffer, any contractor (including, but not limited to, other security firms or agencies), or affiliate of CLIENT to violate this provision. In the event CLIENT shall violate, or cause, permit, or suffer, the violation of this restriction and prohibited, it is expressly agreed that liquidated damages in the amount of$5,000 for each such ADVANCE PRO SECURITY employee shall be due and payable to ADVANCE PRO SECURITY on account of its investment in the recruiting,training and supervision of such employees. 7. NOTICES: A. All notices, requests, demands and other communications required or contemplated herein shall be in writing and be deemed to have been dully given when hand delivered to the party or when sent by certified mail,return receipt requested,to the party at the respected addresses set forth in this Agreement, or to any other address of which the other party has been given notice in conformity with this provision. B. CLIENT shall give notice to ADVANCE PRO SECURITY not less than thirty (30) days prior to the intended sale or disposition, in any manner of the CLIENT, its business, or of the facility or property which is the subject of this agreement.In the event of any action or other litigation or proceeding which may have the effect of impacting adversely upon the CLIENT or its business, including but not limited to, a foreclosure action,receiving or bankruptcy proceeding, CLIENT shall give notice to ADVANCE PRO SECURITY immediately upon the occurrence or upon CLIENT first becoming aware of such occurrence. 8. ATTORNEY'S FEES: In the event it shall become necessary for ADVANCE PRO SECURITY to refer any amounts due from CLIENT to an attorney for collection,or to enforce any of the terms of this Agreement.CLIENT agrees that prevailing party shall pay all costs of collection and/or enforcement,including reasonable attorney's fees and Court costs,for all levels and costs of litigation and appeals,and whether or not it becomes necessary to commence suit. 9. BINDING EFFECT: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives,successors,heirs and assigns. 10. SEVERABILITY: If any provision of this Agreement or the application of any provision to any persons or circumstances shall be held invalid,illegal,or unenforceable in any respect or for any reason,the invalidity,illegality,or unenforceability shall not affect any other provision,and the remainder of this Agreement shall continue to be binding and in full force and effect,and shall be construed as if the invalid,illegal,or unenforceable provision had never been contained in it. 11. MATERIALITY: All covenants, agreements, representations and warranties made herein shall be deemed to have been material and relied upon be each party to this Agreement. 12. ENTIRE AGREEMENT: This written Agreement contains the sole and entire agreement between the parties,and all prior agreements, understandings and statements,oral or written,are merged into this Agreement. 13. MODIFICATION: A. No waiver or modification of this Agreement or any covenant,condition,or limitation herein contained shall be valid unless the parties mutually agree in writing. B. ADVANCE PRO SECURITY'S sales personnel are not authorized to sign, change, or amend this Agreement. Neither this Agreement, nor any modification thereto, shall become binding upon Client Initials Advance Pro Security Initials Advance Pro Security LLC ADVANCE PRO SECURITY until executed by an authorized manager or corporate officer of ADVANCE PRO SECURITY. 14. GOVERNING LAW: This Agreement and the performance hereunder, and all suits and actions hereunder, shall be construed in accordance with the laws of the State of Florida.In any action that may be brought arising out of,in connection with, or by reason of this Agreement,the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum. 15. VENUE: Any legal action arising out of,connection with,or by reason of this Agreement,or instituted to enforce this Agreement, must be instituted in a court of competent jurisdiction sitting within the geographical boundaries of Miami-Dade County,Florida,to the jurisdiction of which the parties hereby consent. 16. FORCE MAJEURE: Non-performance of any duty or undertaking under this Agreement shall be excused if caused or resulting from any Act of God,force of nature,wars,insurrection,civil disturbance,terrorism,strikes,governmental orders,or any other event or instrumentality beyond the control of the whose nonperformance has occurred. 17. HEADINGS: The headings contained in this Agreement are for reference purpose only and shall not in any way affect the meaning or interpretation of this Agreement. 18. HOURS OF OPERATION: The hours of operation will take place from: 10:00 am— 10:00 pm,every Thursday 8:00 am—3:00 pm every Friday 19. GUARD DUTIES: There will be a security guard on site during scheduled activity hours. Monitor incoming visitors and staff. Rove around the property and search for any security breaches. Client Initials Advance Pro Security Initials Advance Pro Security LLC Executed on this the day of ,20 OWNER: Authorized Signature Signer's Name(Print) Signer's Title Date RATE: $18 per armed security guard CLIENT: �� C'. C� &kC411 �/ h=5U �1 Authorized Signature Sign 's Name(Print) Signer's Title Date loe/n Client Initials Advance Pro Security Initials Exhibit 5 01-CU-18 L/OUOR SURVEY r \ .( a4. /./ \\� / \ SiIUYLPOJS / N / - .. 4t's \ (SCS'S51-SIl / \ `ApOREH9 c# rfiOPOHEO L10lIOR aSUAVEY, t'' 7M.!77-717€ / R.,,, lyy-1..•'•`Z-1 _ -- -- - \ 356r_NE ::7:,:IRCEI,',.,IL a-' IYCNItRA, rl !:'80 es •••••. \ Eadarrnr.p/ d ton / /// .agar.COR CI ; N\ \\ ::: L/ ,: ,••••.' .,,7 a../ .4�4 . \\ \\ t8URVMYOR RQro1TT mnd No•r'H3' ZD Q f , \\ \ y •.z^ro•a 10000-•.4.1..1.,1.1.0....••a..11..10.....Pat 111 / - /9 -. ; I .\ \ . -O3:a SASE a-as-M,r.r-m-a1. R B rt, &.. � _ _ - \ \. -. P.iC.n • .,astirN Irl n %P W 6$0 MOOS t Wamac roK,. .Y :M L ID .1 1 \ ams rasa.•Para roams m fttaw.-i..•1 a.(uat 0�H� / \ \\ _..K m aa�t'.n o.t PI as.n r oca"MC P a.a.ia01,0 Omar o r m. 0xr . m.v.rSO..a mows.T..w.M MY r MOS WM•Ms..a n•.« I, I . ei = �i�^,. --�. 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SUBJECT PROPERTY — —= / / • >n ,..:v. +: :'11111 cif* AO ur416•••• , D _ M COUMIN7 CLUB h4' / -a <r�wr.r(w r.f...n or ,..a o, 3 4 \ SARAH'S TENT s/ OW WPM / \ t09f cuJaEr7 FOX MARKET _ ..r aasrl r,w I.PIP 11:n a 11..11 ¢ 9) 8 ^w l.a sat M•..la.mar a r.-Ian a Raw a M.O"aC'a..Y.L.R» : \ 3565 Ni 2O7tn STREET. // SUITE A-I. • 4 / 0 \\ aVENTURA, FE 33180. \ %r< • // le d / N \ \\l' % / / r.....lm:e aro P4..m1 Kar[..IC 01 a adn3LL rove awaP3(m a O.ew..:.\arra a.r n �z1 R t. \ �Yt` :� ..... I' // .I ur MSC On.%M Corm:got.re(n a.dNa OS..0 4.40(410I O.ia.(n.(..-!.I . • \ \\ w /// • 1pp y N. .Pr toe[ - / • I i ; \\ moi;i. / (surnerroR'a caa -s.sa araom. a r \\ (: _ // ___ - a.- •'e..ia.o.. r..+PV.ae Mo..�r=Mr a Mai.P w a�r r / =Cf.�r•i�u WM.,swe:Sae,r I V..AM s Man. cll..lura%r "as r r \ ...(M 11-mfr•P Si•J4..OM Oral P...11110.(Y .=MIS MOO.'O tat L.ar.a4 Mar. \ '- " .01' .P-a...OM r.l vaarr w..4.441.a a.a r ,r Si r w,. Vooll. Ss Opp• -�j� i / ___ I ,11."- 'as+VW ___r..--(.._ -- ..- . ''..P..a4. wa•..11Mco l 1a\..s.Jr "".` 17-7700 .e-..A 51.0.?.(..a..M...POW ONO Y4 a.. w.4.w>W.. Y raM 9'"" as APPLICANT REPRESENTATIVE AFFIDAVIT 0 Romani toSedpn 31.7l(bk)(i)clae City d Avenlua Lad Development Code.this AppMcanl ReprwlnlaMw MIMI is hereby mane ata submieed TM uderwedaulhnnEWlepmerMasve of @a inetiktua or entity applying ter the DWMOpnenl Perrot ob S denlifie&in Pe a201npanyinq amlicaan,aathe owner ci the properly subplot to the application M etereint)Iteeesy 1js and idemifies all parsons representing Me ddNdual OrenNy a0Nyhg for ale Development Pend)in=necks villi The appkalion,es Whys: Name Relationship p..Arlameys Architects Landscape �el,&r::=Y^P✓wrs,LoeDYalu Eee.1 JEANETTE OSCAR-HERNANDEZ Q/�/ FRANCISCO L.NUNEZ JR. SURVEYOR a NTHQrfV SANCQOD FNf:IMPPP SAMUEL A.RUBERT ATTONREY (Attach Additional Sheets If Necessary) NOTICE ANY STATEMENT OR REPRESENTATION MADE BY MY PERSON USTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING IRON THE INDIVIDUAL OR ENTITY APPLYING FOR TIE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCAMS AND AFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.01-11(B)(2)(IV)OF THE QTY'S LANG DEVELOPMENT REGULATIONS IN THE CITY CODE IN THE EVENT THAT PRIOR TO CONSIDERATION OF TLE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS _DAY OF MARCH 200B. AUTHORIZE RET SENTATIVE OF APPLICANT OWNER By By: /5u (signore) M: Name:EL AS/ TnM S LININ Name TREASURERU (Point) Address:,0,585 NF 207TH STREFT$TEA-E_ Address: _ AVENTURA,FL 33180 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Bebe me the undersigned authority personally appeared ELIRAN ASSULIN as the aWhorized representative of the Applicant aretor the o* w of the properly sullied la the application. who being first by me duly iiiii- , did swear of affirm that he/she executed this Affidavit b the purposes slated therein and Mal l is Inde and correct, - AFFIANT i SWORN TO AND SUBSCRIBED BEFORE ME Mia.3day of MARCH .80.8. ili _ — 3 — dr GEORGE ANDREW ESCOBAR L 10,Sic .•e At Large I //`` it At Notary Pabls-State el ADS L Pdn Name of Notary to( j'a1<W e3yaber weenie.Expire APr 9.2018 L My Commission expires g hlrifgaii * i',,, conMlkean e R 104192 ) 901 BUSINESS RELATIONSHIP AFFIDAVIT* mg Atdava is made puomnt to Section 71.71(b)(2)01)d the City of Aventine Lae Development Code The undersigned Afford hereby declines that 4rwt wth'i manmade;odes ony) pd 1. Affiant does09l have a Business Relationship with any meter of the Cly Commission or any City Advisory Board to wroth the alplicajan win be presented. 112 Alan hereby discloses that it does have a Bowness Reiaimship with a member of the City Canmssion or a Coy Advisory BeadIowa"the apOnaton an be presented,as toIIcn. (Let nave d Co.wnsiaer a Advisory Board Member) who serves on the (List City Commssion of City ACmay Board upon which meter serves) The nature of me Business Relationship a as blows. Ill Member of City Canmisslm or Board holds an aenership Sect in access of 1%d lea assets or capita stock of App5tan1 or Representative. (In Member of CID Commission a Boards a partner,cosharehoder(as to shares of a cos noranon whit we not Wed on any national a regalat stock exctlarge)a Rini venae vain Me Applicant or Representative in any business venture: I IS The Appliomt or ReoresenlaWe s a CfenI of a member of the Cay Commission or Beath or a Chert d amara professional waking from the same office a for the sane employe as the member of the Cay Commission or Board. II iv. A City Commissioner or Board member is a Chest of the Applicant or Repasentalwe. I Iv Tne Appican a Representative in a Customer of the member d be City Commission a Beard(or d his or ter employer)aid transacts.more than$10,00000 of the business of the member of theCay Commission or Board(a hs or her employe)in easier calendar year: I I w The member of the CM Camnsson or Roams a Customer of the Apphnt or Representative and transacts MOM than 525.000.00 d the business doe Applicant or Represenntve in ashen manna year. sl VATRESS MY.• •THIS ww. DAY OF MARCH Hoe APPLICANT 11 3y• Signsiure) Name: EL '-@F= ULIN (Prat) TEIe TRFASURER _ �� "rind i13 WITNESS MY NANO THIS 'N DAY Of ( rr PROPERTY OWNER. BY. rsgnalme) nknne. _IPSO it (Pimp 'The rams "Business Rekobnshp,` tlot,"Cusrorer.' 'Appleem,"RepesMaM and 'haaesbd Person are defined in Secbn1.795 or the AveNua City Code WITNESS MY HAND THIS _DAY OP MARCH .iOIg REPRESENT ' Listed m ialimship Affidavit} By- _ (Sgnalme/ By._—_- (Sgnatum JEAN OSCAR-HERNANDEZ Namei/7yj1(��/pp////�� __ ,n, • (Prod Name 5AMUELA.RUBERT pony Tide: W✓'M1�(l (Prof) 7,tle:ATTORNEY (Pro) By. rr (Sxaawre) By:_ (Sgnalrxe Name?M CISCO L NUNEZ JRamd Name'. (am) mitt SURVEYOR (Pont) Title: lama By (Sgmyure) By: (Syrawm NamEnffmnhiv Sauc0n0 _(Prion Name. (PM)) Tae:ENCR(BER ./Psi) Tine (am) By. _ _(Sgran✓e) By __- (Signature Tele /Prod Tine (PM) Tao. (Pang] Tae (am) By. _(Sigralure) By (SgrtMue Title' (Print) Title. _ - (Prod Tice: (Piro) 'It_ - _ _. _. (an(1 By: (Signalurel By. 5 aode True. (am) Tae- (Pried) Title. (and Ede. lPmd NOTE: 1) Use duplicate sheets if disclosin information for Representative varies 2)Applicants and Affronts are advised to timely supplement this Affidavit pursuant to Sac.1I-71(b)2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission.the information provided in the Affidavit becomes incorrect or incomplete. WITNESS MY HAND THIS_ DAY OF MARCH ,2008 REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: (Signature) By:. (Signature Name:JEANETTE OSCAR-HERNANDEZ Name:SAMUELA.RUBERT (prat) Title: Ale (Pmt) Tine: ATTORNEY (Ping By: ��..,- / (Signature) BY _—(Signature - ,ea L1NEZ JR.Wont) Name: _ (Rin) T. RVEYOR (Pent) Tale: __ (Ring By:_ (Signature) By: (Signature Name: _(Ring Name' (mint) Title: `NC (Ring Tilte:_._ _Prix) By: (Sgnature) BY:—_ (Sxpatwe Tek:_ (Prix) Tele: (Print) ale: (pm) Title: (Print) By: _(Signature) By:__ (Signature Title:_ _ . ._(Peng Title:_ (Pmt) Title. (Print) Title:.___. _ —..—(Priel By. (Signature) By:. (Sgnatwe Title. (Ping Title: _ —(Pent) Title: (Ring Title: (Pring NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Afflatus are advised to timely supplement this Affidavit pursuant to Sec.71-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MARCH 18 REpRESENTA'I'vE n.isteo on Bi,s'rtess Retaa:arcr.Afi•c;avt• // '_ • • Br -- _._ — 1 . 1�WI JEANETTE OSCAR-HERNANDEZ NaI~` SAMUEL A. RUBERT '.:e —. . _ •• ATTORNEY L, By _ Na,1.,,FRANCISCO L. NUNEZ JR, .., Name T.t!e SURVEYOR Title _ _ri'rrnil By By '.;n Name _. _. i oJA ENGINEER T 1,A — _ b. i , Dv Sv By Tile -- —• .,n:! Tale _ _ —. _ —ri'rN+i, *11 elf/alfa Ti1lP11'!Y!;• By . .--- _ ._ /Si/pr.ti.at., By _ __, ._._ iStipr.rRal! THIP. /from T.rP i'+:!N: 1:Ve - – _ – -- (.lie - - - - - :r4..1:;, NOTE 1i Use duplicate sheets it disclosure Information(or Representative varies \:.•�:.di . .il'... \'. .. . . .t. . .•... . '-'11 . t'.,I' .. . \:...:•"'I r..,...h111• •..• ',.. . •.._r.., . ,'1 ttt: ( it,.. . .,:1.1 -1.,, 1,..'1 1:.... ... •'1. .1. . ( t J.. . t'. etcllt ..'.1: :,:••• . .kla...., . .' :!:: el+tYu.a11.1,, !11 ..•1 1 tr, 3,.,t•,1 i • c1.....6,r. t!.. •..I .•.'.tt., I1 ('-•,:::.i r lac \t'd.l. • 1.,..1 •tl!,,:- .r..:rca . NOTARIZATION PROVISION STATE OF FONDA ) COUNTY OFSAW.MDE) BebenMtNewenagneaw.meee end tappeeee ELIFIN]area pSSUL)H.. the Mee,elm by me aAY swan as ewraalfirm eat Mse mewled a BMWni bthe peopesee euios-sndieneew.Penwell, ,aaws en]area A GEORGE ANDREW EMMA MAN MOD SUBSCRUBEObepremaevs da dyd_MARCH 1088 / � R .,1 t gam,Pule.Gag al FRO 'el,L' Ar *Cow Egon AM 5.20 p�pge p .w._, Canebtle0•Ff IRON __ !N✓ tf LO6o✓ RvnadN dNavy My eaceNNeme �(/ OS ty STATE OF FLORIDA) � I COUNTY OF MANOAtpE) .E ETTEaruwFWNANDIM Beall Mt the wangled Kidney,peaaleayapemed _____..__ __ _.ne A Ina bong Fat W me duly seem ed Gree at affirm me benne mauled M Mart b M purpeea alane Tae*are Ma Aka we owe wed. Ad SWORN TO AND SUB$CRIBEO bobe me De 2";Puy d..MARCH__,2028 vow,Cups Sffi al Fbtle A lees Pmed Named Nday... _. SIAM =WIN FFMiASAW CDORIDA j NN OF UACE7 Babe ale Be ureagns altaAy,generally meowed.FArC CO LNLN¢JBdA Many ma bong MIe m i by duly PuChis a am PM MIS en/Colinas ARdMi b Pe p,paMNd e therein and Ad E a we ea Salm AfFIANi SWORN TO MOSpaSCa$EO bete me Oa_ day&,MARCH ,SB Nary Pa Sus a1 Fla:e N lane Rnld Name d Ndary Myemrsadn Npeea,. STATS I D FLORID; COUNTY Cf 4WMIgpDE) Bedene de undeagne&WAN.Palm*apoerM ANila1NVSANFnen+a Abm.vela bang El Ly me duly swan dd war or affirm 9w M5M ends An Midme b aA pupoae OAS men.and eel itis true am Sana AFFlNIT — _ SWORN TO MO SUBSCRIBED before me as deyd MARCH MR Naary Rue sua d Flake N lane Cmtaa Ndrrea Nan :— My inanition epre NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MVM-ADE) Bebe me,me uMngned eutluiry•pamapyappawed ELIRAN ASSULIN the Alfant who bong first by me duly swan.did ser ar afrm that ht%he 10101100 Ma AWdML b ba purposes sued Mean at that a We and correct_. _ _. — AFFIANT SWORN TO AND SUBSCRIBEDbabs me this_day of MARCIL_,pate Natty Punt Sate of Fbaa M Large— Printed gerPrinted Nemeol Novy My commas=espies.. -. STATE OF FLORIDA ) COUNTY OF WWI-DADE) IBWETE OSCARMERNAYDE2 Bebe me,the undoagned authority,personally appeared Ne AMnt who being hos by me duly sworn,did sewer or Mems MM heishe thenad this ARdait for he pipes staled Merin and that A is Nor non coact AFF ANT SWORN TO AND SUBSCRIBED babe me,his__day el MARCH.,2003 Noisy RAM Sled M Fbide Allan PnnIed Naneol Notary My canrrnssion tyres_ STATE OF RORIDA 1 COUNTY OF I IP-DADE) owe me.me unflawed ethany,pusnely appw& FRANCISCO t_NUNEeas. the ° hos MOM, on am i .duly n,did PIM that,Anne moiled this Widal fn the purposes Sod therein and that A is 11101 eat correct— / fr SWORN To NC SUBSCRIBED tette me the$day of_ MARCH— ,i T °"° N .fir° MY COMMON ' '^" '^�"�• lege a EXPIRES:00*A MO "..a-She L—. — _ gone leadTteuMAINrYypMwM Ported Nene of Navy MY mrmesin STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undelgned eumoly.Paseo*appnrtPMFFHOFft OM FBRO the Ment who big AM by me duty swan.dM sews n aMim that ha/she moaned Ma MMMT kr Me purposes smed Merin god that"is tree nd correct AFFIANT SWORN TO AND SUBSCRIBED tube me this __deyof MARCH. .2O B Navy Rebid'State M bids-At Lags PoMod Na M Navy -commissionespem NOTARIZATION PROVISION SrAT -_C41lA , C3l.',TY C'fdrWt.:A:E; ref. Ater..ine..r.cer.,gr'e.:a..Unrty {M:C'd•y nth aea .'SAMUEL A. RUBERT•' :.: al executed:n. Af:c:.w.f ro,Pie perpOses iiaT.•'0 1,1ererl X'd!!.al r,•..••J. .• ,�.�•�� CLAUDIA VERA SY:'::Rt:'_Av '9E7.te'::e . s r*.: ,:, , MARCH 1,8 =p SComof Florida-Notary Public mission fy GG 155819 a` My Commission Expires Nola!), ::tx:c 5!atr.•. If aa'Ca A!:a:g October 29, 2021 T',.mec Nano of M;tary e Ietiud 1(t VG►'Ll •'y Ciill'iHSSO" ec as 0/ ',••?(o1-1 STATE Of FLORIDA 1 COUNTY OF MIAMI-DAD!1 9e"re re ttx:Jrz ersg!•vd a&:ro•rty pers..ra,y appeare, :.e Alfieri *n,,x nq f•st ny mr.they swept(yd swea•a Ow that he's,,e txec-:ed:4.s A'fdas.:'U•Ire palrvse,s;.ttee fnerein a'd ITtrue ai cu•ruc: Ar. ANT SWORN TO .^St.RSf:R.IIE rs oefn.a me!nth, '.dy r' ?.�}8 �u:Ary{luD'.:Stine u1 f ki::a A:a Arlie Fir-ou ham.:0f Nola.y f.1y cj rn.iSaur uxoaes S'AT ..r:OF; , Cf),;N:"(of RMAR9.QA;;f iietow ute 9h:J.'Gi:rS.gM:u domain/ DerS.•lal{y a.'e.re: !!'e Alt.l^' w:'-.:.:: '',:: •• ::.y>AC••t ,wee,:,:a'f.ar Liar r'i. rle eleGAed ire Aff4ay.!I.r!fit rivet:se,'Arm!t1, P.'•drd 9'e! AFFIANT SWORN rO AND Si9SCRIt EC Lerore me Inas cay of ..21:113 Notary Penh::Si.re or Furca A!I arge r?r:n. ..:::;e71,”c•rux;•.:i 'STAT[Or FLORIDA 1;O(INrV OF MIAMI•r:ADE; 11er•".•e^.u.:ne.^de•syre:a_L cr:!y..fe•so^.d'y a,Gca•.IG C'u A:6,Int.Ano Deny frsl ny•:to uu.y swt'•l r!'d swear Or affi'•i y'a!twee e exe_'btec:h;AMaar•;rr the p.-,oses state:!ste'e:an,:Lla:a s:we&lc:;of ref; AF=AN' 18 SW:NAN ti;AND St rd,.44;0 De"'.:.'y! :14. d NMary Pates:State of h.Cr:Ca At Pnrxec,Nacre or tCUrr Myuilarit:.o.'Cxple, RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A KOSHER LIQUOR PACKAGE STORE LOCATED IN THE COMMERCIAL PLAZA TENANT SPACE AT SUITE A-1, 3565 NE 207 STREET, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned 82, Community Business District; and WHEREAS, the applicant, Foods of all Nations, doing business as Sarah's Tent, through Application No. 01-CU-18 is requesting conditional use approval to permit the establishment of a 450 square foot, more or less, kosher liquor package store in the commercial plaza tenant space at Suite A-1, 3565 NE 207 Street, City of Aventura, notwithstanding the spacing and distance requirements of Chapter 4, Section 4-2(a) and (b) of the City Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application, subject to conditions, meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the establishment of a kosher liquor package store in the commercial plaza tenant space at Suite A-1, 3565 City of Aventura Resolution No.2018- NE 207 Street, City of Aventura, located in the B2 zoning district, is hereby granted, subject to the conditions set out in this Resolution, on property legally described as a Tract F, The Waterways Section 2, according to the Plat thereof recorded in Plat Book 122, Page 87, of the Public Records of Miami Dade County, Florida, City of Aventura. Section 2. Approval of the request above is subject to the following conditions: 1. This approval shall be granted exclusively to Foods of all Nations Inc. dba Sarah's Tent in the commercial plaza tenant space at Suite A-1, 3565 NE 207 Street, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The applicant shall obtain a State of Florida liquor license for package sales only with no sales by the drink or consumption on premises permitted. 4. The applicant shall provide responsible vendor training programs for its associates. 5. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3 of the City Code, namely, between the hours of 8 a.m. and 10 p.m., except for sales on Christmas Eve and New Year's Eve when sales are permitted until 12 midnight. 6. The applicant shall implement the security measures outlined in its Supplemental Letter of Intent dated March 23, 2018. 7. The liquor package store shall be operated in conjunction with the adjacent grocery store. This conditional use approval shall terminate in the event the grocery store use is terminated. 8. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and/or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Manager's observation. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Page 2 of 4 City of Avenlura Resolution No.2018- Section 4. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166 033 Florida Statutes as amended. 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Howard Weinberg Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 3rd day of April, 2018. Page 3 of 4 City of Aventura Resolution No. 2018- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2018. CITY CLERK Page 4 of 4