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11-13-2018 Regular Commission Meeting Agenda Interim City Manager City Commission Joanne Carr,AICD ]Enid Weismann,Mayor ��� Gladys Mezrahi,Vice Mayor Citi Clerk Denise Landman,Commissioner ]Elllisa L.Horvath,MMC Dr.Linda Marks,Commissioner i Marc Narotsky,Commissioner Citi Attomey Robert Shelley,Commissioner � � G_ Weiss Gerota Ilelfman Howard Weinberg,Commissioner e�✓ G ,.nQ,� Cole&Bierman CITY COMMISSION MEETING AGENDA November 13, 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. ELECTION OF VICE MAYOR 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: • Certificates of Special Recognition • Employee Service Awards • School Reports 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • October 2, 2018 Commission Meeting • October 2, 2018 Commission Regular Meeting • October 18, 2018 Commission Meeting • October 18, 2018 Commission Regular Workshop 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 November 13, 2018 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING THE QUALIFYING UNOPPOSED CANDIDATES ELECTED TO THE MAYOR SEAT,COMMISSION SEAT 2,COMMISSION SEAT 4, AND COMMISSION SEAT 6 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS FOR THOSE SEATS, AS CERTIFIED BY THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. D. MOTION TO APPROVE THE CITY CLERK'S ANNUAL PERFORMANCE REVIEW AS OUTLINED IN THE MEMORANDUM. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA MERRILL LYNCH BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH THE LIST OF AUTHORIZED USERS FOR ALL TD BANK,N.A.BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS;AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA,OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND C.A.P.GOVERNMENT,INC.FOR BUILDING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. I. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL, AUTHORIZING THE CITY MANAGER TO SUBMIT A PROJECT APPLICATION FOR AN EDUCATIONAL FACILITIES SECURITY GRANT FOR FUNDING OF SCHOOL BUILDING SECURITY IMPROVEMENTS AT THE AVENTURA CITY OF EXCELLENCE SCHOOL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Meeting Agenda November 13, 2018 7. ZONING HEARINGS—QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence,will be made under oath or affirmation. Additionally,each person who gives testimony may be subject to cross-examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTION/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE AT 2952 AVENTURA BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES—FIRST READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2017/2018 FISCAL YEAR BY REVISING THE 2017/2018 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES—SECOND READING/PUBLIC HEARINGS: None. 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None 14. ADJOURNMENT FUTURE MEETINGS* *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. REGULAR COMMISSION WORKSHOP—NOVEMBER 15,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION MEETING—JANUARY 8,2019 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—JANUARY 17,2019 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) Page 3 of 4 Aventura City Commission Meeting Agenda November 13, 2018 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 4 of 4 The Ca of CITY COMMISSION MEETING MINUTES Aventura Government Center Aventura 1ezoo ra Govern clue onus OCTOBER 2, 2018 Aventura,Florida 33180 1:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 1:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Interim City Manager Joanne Carr, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. INTERVIEWS WITH CITY MANAGER CANDIDATE FINALISTS: Cohn Baenziger, Colin Baenziger & Associates, reviewed the following two candidates to be interviewed by the Commission: Robert Baldwin and Ronald Wasson. It was explained that the candidates would provide a PowerPoint based on their plans for the first 100 days in office. The Commission discussed the interview process. Robert Baldwin distributed and reviewed a PowerPoint. The Commission conducted a question and answer session with Mr. Baldwin. It was the consensus of the Commission to break for two minutes at 2:20 p.m. The meeting was reconvened by Mayor Weisman at 2:23 p.m. with the following present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Interim City Manager Joanne Carr, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Ronald Wasson distributed and reviewed a PowerPoint. The Commission conducted a question and answer session with Mr. Wasson. 3. REVIEW, DISCUSSION, AND POSSIBLE ACTION ON SELECTION OF CITY MANAGER: The Commission discussed the candidates interviewed. Mayor Weisman opened the meeting to public comments. The following members of the public provided comments: Cindy Orlinsky (20051 NE 37 Court, Aventura) and Frida Lapidot (20953 NE 30 Court, Aventura). There being no further comments, Mayor Weisman closed the item to public comments. Following Commission discussion, a motion to select Ronald 'Ron' J. Wasson as the next City Manager, subject to Commission approval of a Contract of Employment, was offered by Commissioner Dr. Marks, seconded by Commissioner Shelley, and passed unanimously by roll call vote. Aventura City Commission Meeting Minutes October 2, 2018 It was the consensus of the Commission for Mayor Weisman to negotiate the employment contract with Mr. Wasson, subject to approval by the Commission. The Commission provided input for the contract. Mr. Wasson returned to the meeting and was informed by the Commission of his selection as the next City Manager. Mr. Wasson expressed his gratitude for the selection. It was the consensus of the Commission to adjourn the meeting at 3:35 p.m. and to reconvene at 4:45 p.m. The meeting was reconvened by Mayor Weisman at 4:52 p.m. with the following present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Interim City Manager Joanne Carr, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Mayor Weisman reviewed highlights of the contract negotiations with Mr. Wasson, to be provided to the Commission for formal approval on October 18, 2018, with an anticipated start date of November 5, 2018. Ms. Carr thanked the Commission for the opportunity to serve as the Interim City Manager. A motion for Ms. Carr to continue receiving the extra salary, as provided to her as Interim City Manager, through the end of the year was offered by Commissioner Dr. Marks, seconded by Vice Mayor Mezrahi, and passed unanimously. Ms. Horvath provided information on the upcoming Commission Ethics Training to be provided by Attorney Robert Meyers, following the Workshop Meetings on October 18, 2018 and November 15, 2018. The Commission briefly discussed the Don Soffer Aventura High School Information Session at 7:00 p.m., to be provided by Charter Schools USA. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Shelley, and unanimously approved; thus adjourning the meeting at 5:10 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on November 13, 2018. Page 2 of 2 The CITY COMMISSION Aventura Government Center A REGULAR MEETING MINUTES OCTOBER 2, 2018 19200 W.Country Club Drive Aventura, Florida 33180 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Interim City Manager Joanne Carr, 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. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Employee Service Awards: Ms. Carr presented the following employees with recognition certificates and tokens of appreciation for the completion of milestone years of services with the City: Sergeant Andrew Smith (20 years). The following not in attendance were also recognized: Officer Chase Bonville (10 years). 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Landman, seconded by Vice Mayor Mezrahi, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • September 4, 2018 Commission Workshop Meeting • September 4, 2018 Commission Meeting (First Budget Hearing) • September 4, 2018 Commission Regular Meeting • September 12, 2018 Commission Meeting (Second Budget Hearing) • September 20, 2018 Commission Meeting • September 20, 2018 Commission Regular Workshop Meeting • September 20, 2018 Commission Workshop Meeting B. Motion approved as follows: MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. Aventura City Commission Regular Meeting Minutes October 2, 2018 C. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $38,637.50 FOR SECURITY UPGRADES TO THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES) FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO$46,000.00 FOR A POLICE PERSONNEL HEALTH AND WELLNESS PROGRAM FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2018-80 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2018-81 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, HONORING FIFTY YEARS OF MUNICIPAL HOME RULE IN THE FLORIDA CONSTITUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2018-82 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING OPPOSITION TO OFFSHORE DRILLING ACTIVITIES INCLUDING SEISMIC AIR GUN BLASTING; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2018-83 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATACHED WORK AUTHORIZATION NO. 01-0103-264 FOR PROFESSIONAL SERVICES FOR THE STORMWATER UTILITY TO AUDIT ALL COMMERCIAL AND MULTI-FAMILY PROPERTIES TO ESTABLISH THE CORRECT EQUIVILENT RESIDENTIAL UNIT (ERU) BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; 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 WORK AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Minutes October 2, 2018 I. Resolution No. 2018-84 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A CONTRACT FOR THE CITY'S GENERAL BANKING SERVICES TO TD BANK, N.A. IN ACCORDANCE WITH REQUEST FOR PROPOSALS #18-06-26-2; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. J. Motion approved as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL OUT- OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED SEPTEMBER 28,2018. K. Resolution No. 2018-85 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: Commissioner Shelley commended the Finance Directors on the Banking RFP and on negotiations of the contract. Commissioner Narotsky invited the public to attend the Don Soffer Aventura High School Community Information Session at 7:00 p.m. Vice Mayor Mezrahi invited the public to attend the bike ride on Sunday with the Aventura Police Department. 11. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. The following members of the public provided comments: Pedro Salas (3350 N.E. 192 Street, Aventura) and Ellen Elias (21224 Harbor Way, Aventura). Page 3 of 4 Aventura City Commission Regular Meeting Minutes October 2, 2018 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 Commissioner Weinberg, and unanimously approved; thus adjourning the meeting at 6:10 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on November 13, 2018. Page 4 of 4 Acv ttira CITY COMMISSION ES OCTOBERMEETING 18, 2 18 Aventura Government Center OCTOBER 18, 2018 19200 W. Florida3180 Country Drive Ave ® 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:04 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Interim City Manager Joanne Carr, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Mayor Weisman welcomed Ronald Wasson, who was in attendance. 2. RESOLUTIONS: Mr. Wolpin read the following Resolution by title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING RONALD J. WASSON TO SERVE AS THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA; APPROVING AN EMPLOYMENT AGREEMENT BETWEEN RONALD J. WASSON AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Dr. Marks and seconded by Commissioner Shelley. Mr. Wolpin reviewed the employment agreement and clarified the start date for Mr. Wasson to be November 14, 2018. Mayor Weisman opened the public hearing. The following members of the public provided comments: Frida Lapidot (20953 NE 30 Avenue, Aventura). There being no additional speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2018-86 was adopted. Mr. Wolpin read the following Resolution by title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AVENTURA CHARTER HIGH SCHOOL DONATION AGREEMENT BETWEEN THE CITY OF AVENTURA AND GRANITE AVENTURA, LLC; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Minutes October 18, 2018 A motion to approve the Resolution was offered by Commissioner Shelley and seconded by Commissioner Landman. Ms. Carr reviewed the donation agreement. Mayor Weisman opened the public hearing. The following members of the public provided comments: Yvonne Llauger (The Atrium — 3131 NE 188 Street, Aventura). There being no additional speakers, the public hearing was closed. Mr. Wolpin explained the timing of the payment of the donation, noted that if the project wasn't approved then there was no obligation for donation of the funds and clarified that the Commission would determine the specific use of the money for the school. Mayor Weisman announced that she would be providing a contribution to the high school. Ms. Carr will provide the Commission with information on the Miami Foundation as well as other options for the creation of a 501(c)(3), as a mechanism to receive donations for the high school. Ms. Carr reviewed the status of the project, with an anticipated conditional use review in January. The motion to approve the Resolution passed (5-2), by roll call vote, with Commissioner Dr. Marks and Commissioner Narotsky voting no, and Resolution No. 2018-87 was adopted. Mr. Wolpin read the following Resolution by title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA REVISING CHAPTER 6.6 OF THE ADMINISTRATIVE POLICY DIRECTIVES AND PROCEDURES MANUAL, AS ATTACHED HERETO, ENTITLED "INVESTMENT OBJECTIVES AND PARAMETERS" RELATING TO THE CITY'S INVESTMENT POLICY FOR THE MANAGEMENT OF PUBLIC FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Shelley and seconded by Vice Mayor Mezrahi. Ms. Carr reviewed the item and explained the proposal to increase the maximum amount of available funds that may be invested in the SBA (State Board of Administration) from 50% to 75%. Page 2 of 3 Aventura City Commission Meeting Minutes October 18, 2018 After discussion and consensus, the Resolution was amended to allow up to a maximum of 65% that could be invested in the SBA, with a review of the investment policy in six months. Mayor Weisman opened the public hearing. The following members of the public provided comments: Steve Weisman (3802 NE 207 Street, Aventura). There being no additional speakers, the public hearing was closed. The motion to approve the Resolution as amended unanimously passed, by roll call vote, and Resolution No. 2018-88 was adopted. 3. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Narotsky, and unanimously passed; thereby, adjourning the meeting at 10:00 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on November 13, 2018. Page 3 of 3 'The atY Of CITY COMMISSION Aventura eWORKSHOP OCTOBER MEETING 18MINUTES2018 Aventura Government Center , 19200 w.Country Club Drive ® Following Commission Meeting at Aventura, Florida 33180 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 10:10 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Interim City Manager Joanne Carr, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. FOUNDERS DAY UPDATE (Interim City Manager): Community Services Department Director Kimberly Merchant reported on the details of the upcoming Founders Day program scheduled for November 11, 2018. City Manager Summary: No action —this was an informational item. 3. 2019 MEETING SCHEDULE (Interim City Manager): Ms. Carr reviewed the tentative schedule for the 2019 Commission meetings. City Manager Summary: It was the consensus of the City Commission to accept the 2019 Meeting Schedule, with the following changes: February Commission Meeting — February 7, 2019, March Commission Meeting — March 12, 2019, April Workshop Meeting —April 11, 2019, June Commission Meeting — June 11, 2019, July Commission Meeting — July 9, 2019, First Budget Hearing — September 10, 2019 (to be confirmed in July), September Commission Meeting — September 10, 2019, and Second Budget Hearing — September 18, 2019 (to be confirmed in July). 4. APPOINTMENT OF DADE LEAGUE OF CITIES REPRESENTATIVE (Interim City Manager): Ms. Carr requested that the Commission provide the annual selection of a representative to the Miami-Dade County League of Cities, which is currently Commissioner Weinberg. City Manager Summary: It was the consensus of the City Commission for Commissioner Weinberg to continue serving as the City's representative. 5. RECOGNITION FOR VOLUNTEERS (Commissioner Dr. Marks): Commissioner Dr. Marks suggested that a breakfast, lunch or dinner be provided as a recognition for those volunteering their time to serve on the City's boards, etc. It was noted that National Volunteer Month is in April. City Manager Summary: It was the consensus of the Commission for Ms. Carr to provide ideas, costs, and sponsors for a recognition event for volunteers. 6. BARRICADES/CONES ON PUBLIC STREETS (Commissioner Dr. Marks): Commissioner Dr. Marks discussed the increase in the number of cones/barricades throughout the City and suggested that a more attractive option be used. Aventura City Commission Regular Workshop Meeting Minutes—October 18, 2018 Ms. Carr explained the placement of the cones/barricades to improve traffic safety and discussed the current process to provide a more permanent solution, which needed approval by Miami-Dade County. Public Works & Transportation Director Joseph Kroll provided information on the process with the County for the installation of either a concrete median or plastic vertical delineators at the following intersections: Aventura Boulevard/West Country Club Drive and NE 203 Street/NE 30 Avenue. The Commission additionally discussed looking into stop signs with LED lighting and a cohesive plan for the plantings in the medians throughout the City. City Manager Summary: It was the consensus of the City Commission to provide a more attractive permanent barrier at the two intersections if possible, looking into stop signs with LED lighting, and providing a comprehensive plan for the median landscaping throughout the City. 7. DISCUSSION ON SCHOOL BOARD REFERENDUM TO LEVY TAX INCREASE FOR TEACHER SALARY INCREASE AND SCHOOL SECURITY (Commissioner Dr. Marks): Commissioner Dr. Marks discussed the need for the City to advocate to ensure it receives funding, if the upcoming referendum is approved by the voters. Mayor Weisman explained the referendum and clarified that the Miami-Dade County School Board would decide whether or not the charter schools would receive any funding, if the referendum is approved. The Commission discussed the importance of reaching out to the School Board members and Superintendent regarding the City's request to receive funding, as well as inviting them to attend a future Commission Meeting. Commissioner Landman disclosed that she works for the School Board, but is happy to make some calls. The following members of the public provided comments: Yvonne Llauger (The Atrium — 3131 NE 188 Street) and Frida Lapidot (20953 NE 30 Avenue). City Manager Summary: It was the consensus of the City Commission for Mr. Wolpin to draft a letter to be signed by Ms. Carr to each School Board Member individually, as well as the Superintendent, advocating the City's position that it supports the item, subject to equitable distribution of salary and the security component. 8. YOUTH ADVISORY BOARD PROJECT (Commissioner Landman): Commissioner Landman suggested that the Youth Advisory Board be given a project to develop a recommendation for the space on the second floor atrium. City Manager Summary: It was the consensus of the City Commission for the Youth Advisory Board to provide a recommendation on the development of a social space for the second floor atrium. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—October 18, 2018 9. HURRICANE MICHAEL RELIEF EFFORTS (Commissioner Landman): Commissioner Landman discussed the City's recent relief efforts for the victims of Hurricane Michael and requested input for additional assistance that could be provided. Mayor Weisman will provide recognition of the Police Department's efforts at the next Commission Meeting. The following members of the public provided comments: Frida Lapidot (20953 NE 30 Avenue). City Manager Summary: It was the consensus of the City Commission for the City to offer assistance if requested by the affected communities. The Commission discussed the success of the recent bike ride with the Police Department and the possibility of providing it twice a year. 10. CITY CLERK ANNUAL REVIEW: Ms. Carr explained the prior process used to provide the City Clerk with an annual performance review. City Manager Summary: It was the consensus of the City Commission to provide Ms. Horvath with an annual performance bonus of $7,500, to be placed on the November Commission Meeting agenda as a motion, for formal approval. The following additional items were discussed: An item will be placed on the next Workshop Meeting Agenda regarding regulations on e-cigarettes, based on the outcome of the election ballot question, state law, and the City of Miami Beach Resolution. 11. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:43 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on November 13, 2018. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Joanne Carr, Interim City Manage DATE: October 29, 2018 SUBJECT: Resolution Declaring Equipment Surplus November 13, 2018 City Commission Meeting Agenda Item IDR 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. JC/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 Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 13th day of November, 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: Joanne Carr, Interim City Manager FROM: Bryan Pegues, Chief of Police SUBJECT: Surplus Property DATE: October 5th, 2018 I would like to have the below vehicles, 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: 2015 Ford 1FM5K8AR6FGB75571 Interceptor Totaled Crown 2FABP7BV6BX123706 2010 Victoria Totaled 2012 Caprice 6G1MK5U30CL648000 End of life CITY OF AVENTURA Public Works/Transportation Department MEMORANDUM TO: Joseph S. Kroll, Director of Public Works/Transportation ��/ FROM: Alan J. Levine, Assistant Public Works/Transportation Di cjor/// DATE: October 25, 2018 (� SUBJECT: Surplus Property Please have the city property listed below declared as Surplus Property as this item have become cost prohibitive to maintain and inadequate for department purposes. 2014 Ford C-Max Vin # 1FADP5AU5EL509749 CITY OF AVENTURA Public Works/Transportation Department MEMORANDUM TO: Joanne Carr Interim City Manager FROM: Joseph S. Kroll, Director of Public Works/Transportation THRU: Alan J. Levine, Assistant Public Works/Transportation Direct DATE: November 2, 2018 SUBJECT: Surplus Property Please have the city property listed below declared as Surplus Property as this item have become cost prohibitive to maintain and inadequate for department purposes. Eight (8) broken office chairs One (1) metal file cabinet CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Joanne Carr, Interim City Manager i�^t= FROM: Karen J. Lanke, Information Tlech�ology Director DATE: November 2, 2018 SUBJECT: Surplus Computer Equipment I am requesting that the computer related equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number I Type Afco Systems n/a n/a 1 Server Cabinet APC BR700G 360945X29126 UPS APC BR700G 380945X34686 UPS APC BR700G 361032X52755 UPS APC BR700G 381129X28787 UPS APC BR700G 361129X39486 UPS APC BR700G 381224X35001 UPS APC BR700G 361426X17394 UPS APC BR800BLK 360928X28468 UPS Avaya 9620L _ 10N502606271 Phone Brother PJ-623 U62864-L4Z261069 Printer Brother PJ-623 U62864-M4Z313470 Printer Canon NP7130 NVF35953 Printer Del 1504FP MX-03X966-47605-39Q-CZNT Monitor Del 1504FP _ MX-05R108-47605-35E-DWKL Monitor Del Latitude E6430 FYD3CW1 Laptop Del Latitude E6440 4D4LG12 Laptop Del Latitude E6440 D3QF162 Laptop Del Latitude E6440 H54LG12 Laptop Del Optiplex 7010 H831-IQ W 1 Desktop Del Optiplex 7010 H84QQW1 Desktop Del Optiplex 7020 GO8YV52 Desktop Del Optiplex 7020 G08ZV52 Desktop Del Optiplex 7020 GV3YV52 Desktop Del Optiplex 790 20PJW1 Desktop _ _ Del Optiplex 790 D5HR1 R1 Desktop Del Optiplex 790 D5KM 1 R 1 Desktop Del Optiplex 9020 2P6PJB2 Desktop Del Optiplex 9020 C91 R W 12 Desktop Del P201Ht CN-0YR64P-74445-17U-GHNS Monitor Del PowerConnect 2324 1XW1381 Switch Del PowerEdge R620 FMRMQW1 Server Del PowerEdge R620 HLCB7X1 , Server Del PowerEdge R620 1 JLCB7X1 Server HP DeskJet 6940 MY66E7R05F Printer HP OfficeJet 7612 CN46S1M08D I Printer HP OfficeJet Pro 6230 TH4BA480DC Printer HP OfficeJet Pro 6230 TH5CG5123F Printer HP OfficeJet Pro 6230 TH84A6R1TR Printer IBM 3580 13-40577 Tape Drive IBM InfoWindow II 231234R Twinax Logic Module IBM InfoWindow II 88C5563 Monitor JBL BAR 2.1 TL0551-KH0028177 Subwoofer Logitech _ Webcam LZA21007593 Webcam Polaroid P5500S 556308-090 Printer PowerWare PDM2 TX365A0066 UPS _ PowerWare PW9125 RX343A0045 UPS Unknown n/a n/a Office Chair __ Verizon USB 6 n/a Aircard 1 Box used keyboards, mice and USB cables 11/2/2018 Page 1 of 1 CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk ��— DATE: November 9, 2018 SUBJECT: November 6, 2018 Municipal Candidate Election Results November 13, 2018 City Commission Meeting Agenda Item Ina RECOMMENDATION It is recommended that the City Commission adopt the attached resolution concerning the results of the Municipal Candidate Election for November 6, 2018. BACKGROUND Pursuant to Section 26-1 of the City Code, the City Clerk shall present a certification of . election results to the City Commission for adoption by resolution at the next meeting following the election. The November 6, 2018 Municipal Election was canceled, since all of the open seats for said election were unopposed. The attached resolution submitted for your approval declares that Enid Weisman (Mayor Seat), Denise Landman (Seat 2), Robert Shelley (Seat 4), and Marc Narotsky (Seat 6) were all elected by operation of law, without further conduct of election process. Should you have any questions, please contact me. /elh attachment RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING THE QUALIFYING UNOPPOSED CANDIDATES ELECTED TO THE MAYOR SEAT, COMMISSION SEAT 2, COMMISSION SEAT 4, AND COMMISSION SEAT 6 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS FOR THOSE SEATS, AS CERTIFIED BY THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura 2018 Municipal Candidate Election was scheduled for November 6, 2018 for the offices of Mayor Seat, Commission Seat 2, Commission Seat 4, and Commission Seat 6; and WHEREAS, since only one candidate qualified to run for the office of the Mayor Seat, one candidate qualified to run for the office of Commission Seat 2, and one candidate qualified to run for the office of Commission Seat 6, those candidates are unopposed and are deemed to be elected by operation of law without further conduct of election process; and WHEREAS, two candidates qualified to run for the office of Commission Seat 4; however, one of those candidates withdrew their candidacy thereby leaving only one candidate for that seat as unopposed and deemed to be elected by operation of law without further conduct of election process; and WHEREAS, Section 26-1 of the Aventura City Code provides that the City Clerk shall present a certification of election results to the City Commission at the first meeting of the City Commission following the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The November 6, 2018 Municipal Candidate Election was canceled, since all of the open seats for said election were unopposed. City of Aventura Resolution No. 2018- Section 2. The following candidates, being unopposed as the sole qualifying candidate for the office of the Mayor Seat, the sole qualifying candidate for the office of Commission Seat 2, and the sole qualifying candidate for the office of Commission Seat 6 as indicated below, are hereby declared to be elected to such office: Mayor Seat Enid Weisman Commission Seat 2 Denise Landman Commission Seat 6 Marc Narotsky Section 3. The following candidate, being unopposed as the sole qualifying candidate for Commission Seat 4 after the withdrawal of the only opposing candidate, as indicated below, is hereby declared to be elected to such office: Commission Seat 4 Robert "Bob" Shelley Section 4. The results of the election process, as certified by the City Clerk, are hereby adopted. 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 Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 13th day of November, 2018. Page 2 of 3 City of Aventura Resolution No. 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 OFFICE OF THE CITY COMMISSION MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerlfc DATE: November 9, 2018 SUBJECT: Motion to Approve the City Clerk's Annual Performance Review November 13, 2018 Commission Meeting Agenda Item (n2 RECOMMENDATION It is recommended that the City Commission adopt the following motion to formally approve the City Clerk's annual performance review, as directed at the October Workshop Meeting: "Motion to Approve the City Clerk's Annual Performance Review as Outlined in the Memorandum." BACKGROUND Following discussion at the October 18, 2018 Commission Regular Workshop Meeting, it was the consensus of the Commission to provide the City Clerk with an annual performance bonus of $7,500, to be placed on the November Commission Meeting Agenda for formal approval as a motion. Please contact me, should you have any questions. CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission ‘t3/441) FROM: Joanne Carr, AICP, Interim City Manager BY: Brian K. Raducci, Finance Director DATE: November 9, 2018 SUBJECT: Change in Signatories — Bank of America Merrill Lynch November 13, 2018 City Commission Meeting Agenda Item (aE RECOMMENDATION It is recommended that the City Commission consider and approve the attached Resolution authorizing and directing the Interim City Manager to amend the list of authorized Bank of America Merrill Lynch bank account users for all accounts as set forth on certain bank forms. BACKGROUND Due to the recent appointment of Ronald J. Wasson as the City's new City Manager, effective November 14, 2018, it is necessary for Bank of America Merrill Lynch to update its records in order to provide the appropriate City Representatives with proper access to the City's bank accounts. The City is responsible for informing Bank of America Merrill Lynch of these staffing changes so that the bank account signatories are current and to ensure that proper internal controls are maintained. RESOLUTION NO 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA MERRILL LYNCH BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Aventura ("City"), previously authorized the use of Bank of America Merrill Lynch, for Banking Services; and WHEREAS, as a result of recent staff changes, it is necessary to advise Bank of America Merrill Lynch of those changes and to revise certain bank forms to designate the appropriate City representatives who are authorized to have access to the City's accounts; and WHEREAS, the City Commission finds that it is in the best interests of the City to approve changes to certain bank forms in order to designate the appropriate City representatives who will have authority to access the City's accounts and to maintain proper internal controls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Checks issued from or withdrawals made from accounts maintained by the City in public depositories shall be signed by the City Manager and Finance Director. City of Aventura Resolution No. 2018-_ Section 3. The City Manager be, and the same is hereby authorized and directed to amend the list of authorized users for all Bank of America Merrill Lynch accounts as set forth on certain bank forms. Section 4. The City Manager and Finance Director are authorized to establish accounts from time to time on behalf of the City at Bank of America Merrill Lynch, as well as to operate and close such accounts, and to designate persons to operate each such account including closing the account. Section 5. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 6. This Resolution shall become effective November 14, 2018. The foregoing Resolution was offered by Commissioner , who moved its adoption. This 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 Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED on this 13th day of November, 2018. Page 2 of 3 City of Aventura Resolution No. 2018- MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission IICLOAA) FROM: Joanne Carr, AICP, Interim City Manager BY: Brian K. Raducci, Finance Director DATE: November 9, 2018 SUBJECT: Establishment of Signatories —TD Bank, N.A. November 13, 2018 City Commission Meeting Agenda Item l OF RECOMMENDATION It is recommended that the City Commission consider and approve the attached Resolution authorizing and directing the Interim City Manager to establish the list of authorized TD Bank, N.A. bank account users for all accounts as set forth on certain bank forms. BACKGROUND Due to the recent addition of TD Bank, N.A.'s Banking Services, it is necessary for the City to establish Ronald J. Wasson, City Manager and Brian K. Raducci, Finance Director as the appropriate City Representatives with proper access to the City's bank accounts, effective November 14, 2018. The City is responsible for informing TD Bank, N.A. of these individuals to ensure that they have been properly authorized to serve as bank account signatories and to ensure that proper internal controls are maintained. RESOLUTION NO 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH THE LIST OF AUTHORIZED USERS FOR ALL TD BANK, N.A. BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Aventura ("City"), previously authorized the use of TD Bank, N.A., for Banking Services; and WHEREAS, as a result of the recent addition of TD Bank, N.A.'s Banking Services, it is necessary to advise TD Bank, N.A., and complete certain bank forms to designate the appropriate City representatives who are authorized to have access to the City's accounts; and WHEREAS, the City Commission finds that it is in the best interests of the City to complete certain bank forms in order to designate the appropriate City representatives who will have authority to access the City's accounts and to maintain proper internal controls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Checks issued from or withdrawals made from accounts maintained by the City in public depositories shall be signed by the City Manager and Finance Director. City of Aventura Resolution No. 2018-_ Section 3. The City Manager be, and the same is hereby authorized and directed to amend the list of authorized users for all TD Bank, N.A. accounts as set forth on certain bank forms. Section 4. The City Manager and Finance Director are authorized to establish accounts from time to time on behalf of the City at TD Bank, N.A., as well as to operate and close such accounts, and to designate persons to operate each such account including closing the account. Section 5. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 6. This Resolution shall become effective November 14, 2018. The foregoing Resolution was offered by Commissioner , who moved its adoption. This 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 Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED on this 13th day of November, 2018. Page 2 of 3 City of Aventura Resolution No. 2018- MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission BY: Joanne Carr, AICD( dt Interim City Manag DATE: November 9, 2018 SUBJECT: Resolution Authorization Execution of Agreement with State Attorney for Prosecution of Aventura Code Violators November 13, 2018 City Commission Meeting Agenda Item [DC7 RECOMMENDATION It is recommended that the City Commission authorize the execution of an Agreement with the State Attorney's Office for the prosecution of Aventura Code Violations. This is a renewal of the Agreement approved in 2017 by Resolution No. 2017-68. BACKGROUND The Florida Statutes provide that the State Attorney may appear in the courts to prosecute violations of municipal ordinances if the prosecution is ancillary to a felony prosecution or if the State Attorney has contracted with the municipality for these prosecutions. As a result, those cases that a City requests the State Attorney's Office to prosecute will be subject to a charge of $50.00 per hour each to the State Attorney and Public Defender. Attached are the State Attorney's letter of October 11, 2018 and the Agreement which provides the option to the City to utilize the State Attorney's Office. If you have any questions, please feel free to contact me. /jc Attachments RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to reimburse the State for the cost of State Attorney prosecution of certain criminal violations of the City Code. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED on this 13th day of November, 2018. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 2 of 2 STATE ATTORNEY ELEVENTH JUDICIAL CIRCUIT OF FI ORIDA E.R.GRAHAM BUILDING 1350N.W.12Th AVENUE MIAMI.FLORIDA 33136-2111 KATHERINE FERNANDEZ RUNDLE 1E1 EPHONE(305)547-0100 STATE ATTORNEY October 11, 2018 Ms. Susan Grant City Manager City of Aventura 19200 W. Country Club Drive Aventura FL 33180 Dear Ms. Grant: Legislation passed in 2004 to implement Revision 7 to Article V of the Florida Constitution provides that the State Attorney may prosecute municipal ordinances only if(I)the ordinance violation is ancillary to a felony prosecution (s. 27.02(1), Florida Statutes), or(2) the county/municipality has entered into a contract with the State Attorney for these prosecutions (s.27.34(I), Florida Statutes). Enclosed please find the proposed agreement for the prosecution of ordinance violations for the period of October I of current year through September 30 for following year. Please sign three originals and return to this office as soon as possible. If you desire to make changes to the contract and want an electronic version of this document,please contact me at donlhorntmiamisao.com and l will forward you a copy. This contract is for the prosecution of ordinances only; the State AttoThey's Office has no statutory authority to handle appeals relating to the constitutionality of ordinances. If you choose to not have the Office of the State Attorney prosecute municipal ordinance violations in accordance with sections 4 &5 of Chapter 2004-265, Laws of Florida,you are requested to send a letter to that effect to the above address as soon as possible. You will be billed at the statutorily prescribed rate of$50 per hour. Our estimate is that,on average, it takes approximately 20 minutes per case; therefore, you will be charged at the rate of$16.67 per case. Please note that this is the charge for ordinance prosecution only. Pursuant to state law,there are separate charges for indigent defense from the Public Defender and filing fees from the Clerk of the Court. If you have any questions about the contract or if I can provide any other information, please do not hesitate to contact meat 305-547-0562 or at don lhorn(aimiamisao.coin . Sincerely, KATHERINE FERNANDEZ RUNDLE Stale Attorney OCT 9 7 7118 S/CrJ. _- - By: C L Don L. Horn Chief Assistant State Attorney for Administration DLH/gb Enclosures AGREEMENT BETWEEN CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE it(y Cis Ades;,i ui A. CODE This agreement is entered into this 13 day of _ 1,:itij JY\3etZ- , 2018, by and between City of Aventura, a political subdivision of the State of Florida (hereinafter referred to as the "City") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida (hereinafter referred to as "State Attorney"). WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the City's Municipal Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the City for reimbursement. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE t Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02,and 27.34,Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations of the Municipal Code for the period of October I of current year through September 30 for following year. The State Attorney shall provide such clerical and professional personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violations not punishable by incarceration. This agreement specifically does not authorize the State to handle appeals of municipal ordinances on constitutional grounds, which shall remain the responsibility of the municipality that passed the ordinance. ARTICLE Il Terms This agreement shall expire on September 30, 2019, unless terminated earlier pursuant to Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend this agreement beyond this date. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. ARTICLE III Payment Schedule The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the City with an invoice including, but not limited to,the hours of services rendered, number of cases prosecuted as set forth in this agreement, and the total amount due for payment for the previous month. The City shall remit each payment within ten (10) days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in this agreement. ARTICLE V Reporting All required reports shall be submitted to the Crt7 kiltigakcceQS OFFICE. ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City. The respective parties agree, subject to the provisions of Chapter 768.28 (19), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VIII Service Charges This agreement is contingent upon all City funding provided, and any interest earned thereon, not being subject to any State service charges or administrative assessments. ARTICLE IX Non-Discrimination The State Attorney agrees to abide and be governed by Title II of the Americans with Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of race,color,sex,religious background,ancestry,or national origin in performance of this contract, in regard to persons served, or in regard to employees or applicants for employment and it is expressly understood that upon receipt of evidence of discrimination, the City shall have the right to terminate said agreement. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: NAME City Commission By: -- By: POSITION ATTEST State Attorney's Office Eleventh Judicial Circuit By: By: Don I,. Horn Chief Assistant State Attorney for Administration CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission BY: Joanne Carr, AICPI`it Interim City Manag DATE: November 9, 2018 SUBJECT: Agreement for Building Inspection and Plan Review Professional Consultant Services with C.A.P. Government Inc. November 13, 2018 City Commission Meeting Agenda Item In I-I RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing execution of an Agreement for Building Inspection and Plan Review Professional Consultant Services with C.A.P. Government Inc. BACKGROUND C.A.P. Government Inc. has been providing building inspection and plan review professional consultant services to the City since September of 1996. The most recent contract was approved through Resolution No. 2013-03 for a three year term, with a three year renewal at the City's option. This agreement currently expires on January 8, 2019. C.A.P. Government Inc. has provided exemplary service to the City for the past 22 years. Building inspection and plan review are completed on or before the timelines provided in the Agreement. Staff is recommending an Agreement with the same terms and conditions as the current Agreement. The major points of those terms and conditions are: • The City continues to employee the Building Official as a City employee. • C.A.P. will be compensated at a rate equal to 70% of the monthly gross building permit fees collected by the City. If the permit fees exceed $50,000 in any month, the split will be reduced to 65%. • The Agreement expires on January 8, 2022. The City reserves the right to extend the Contract for one additional three year term. • C.A.P. will contribute up to $12,000 per year toward the purchase of software and equipment to implement field data input. • Performance Service Standards: Building inspections will be provided within 24 hours after the City receives a request for inspection during normal business hours. Plan reviews will be completed within ten working days after the City receives a request for plan review. • This Agreement may be terminated by the City upon ten (10) days' notice with or without cause and by the Consultant upon ninety (90) days' written notice with or without cause. The existing Agreement provides that the Consultant will provide a contracted employee, at its cost, to be in charge of the building permit customer service counter. This was changed during the term of the existing agreement to be a contracted employee reporting to the City employee in charge of the permit counter. This employee assists with receipt and review of permit applications, filing systems and records retention. The proposed Agreement, attached to this report, provides that the number of consultant employees may be increased at any time during the term of the Agreement at the request of the City, depending upon workload at the permit customer service counter and upon agreement of the parties. Due to current increased workload at the permit counter, and although not required by the current Agreement, the Consultant is providing, at its cost, three contracted employees to assist the three City employees. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission BY: Joanne Carr, AICP Interim City Manager DATE: November 13, 2018 SUBJECT: Agreement for Building Inspection and Plan Review Professional Consultant Services with C.A.P. Government Inc. November 13, 2018 City Commission Meeting Agenda Item (j I have attached a revised Agreement with wording changes made based on the City Attorney's review. The changes are shown in yellow highlight. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND C.A.P. GOVERNMENT, INC. FOR BUILDING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and C.A.P. Government Inc. for building inspection and plan review professional consultant services. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED on this 13th day of November, 2018. City of Aventura Resolution No. 2018- MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA AGREEMENT FOR BUILDING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES THIS AGREEMENT made and entered into this day of November, 2018 by and between the CITY OF AVENTURA, hereinafter referred to as "City" and C.A.P. GOVERNMENT INC., 343 Alameida Avenue, Coral Gables, Florida, 33134, a corporation, hereinafter referred to as "Consultant". IN CONSIDERATION of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. A. The Consultant agrees to provide plans review of building, structural, electrical, mechanical and plumbing and inspections of building, accessibility, roofing, electrical, mechanical, gas and plumbing requirements as contained in the Florida Building Code, including any Miami-Dade County High-Velocity Zone and City amendments thereto. B. Services will be provided by Consultant personnel in accordance with the job classifications contained in Exhibit "A". All such personnel shall be and remain employees of Consultant, not the City. C. The Consultant shall also provide additional support services as reasonably requested by the City Manager relating to organization and coordination of the various activities with City staff. Both parties understand that City will employ its own Building Official as defined by the South Florida Building Code and F.S. 553. Employees of the Consultant shall coordinate their work through the City's Building Official. 2. FEES FOR SERVICES A. The Consultant agrees to charge the City and the City agrees to pay the following fees for the Consultant's services: i. For services provided pursuant to paragraph 1A, Consultant shall be compensated at a rate equal to seventy percent (70%) and the City shall receive thirty percent (30%) of the gross building permit fee amounts collected by the City. 1 ii. If the gross permit fees exceed Fifty Thousand Dollars ($50,000.00) in any one or more month(s), Consultant's portion for that month, or any like month, shall be reduced to sixty-five percent (65%) and calculated on a calendar month basis and the City shall receive thirty-five percent (35%). However, notwithstanding the above, the Consultant shall receive only thirty-five percent (35%) of the gross building permit fees for all projects owned, paid for and to be operated by the City. B. For services provided pursuant to Paragraph 1C, additional support services, City shall compensate Consultant at the rates shown in Exhibit "B" for the hours worked by the Consultant and approved by the City. Attach Exhibit "B" C. City shall pay Consultant within thirty (30) days of invoice by Consultant consistent with Florida's Prompt Payment Act. 3. TERM OF AGREEMENT This Agreement shall become effective upon signature of both parties and shall continue in full force and effect for a period of three (3) years. The City reserves the right to extend the Contract for one (1) additional three (3) year term providing: (a) both parties to the Contract agree to the extension and (b) all the terms, conditions and specifications remain the same, subject to satisfactory performance by Consultant as determined by the City Manager. 4. GENERAL TERMS AND CONDITIONS A. All original I.D. cards, badges, sketches, tracings, computations, details, design, calculations, work papers and other documents and plans that may result from the Consultant providing Consultant-specified services shall be the property of the City. Upon termination of this Agreement or upon request of the City during the term of this Agreement, any and all such documents shall be delivered to the City by the Consultant. B. Consultant shall provide all necessary vehicles, mobile phones and/or radios and equipment for their employees to perform the services required by this Agreement. C. City shall provide badges, photo I.D., workspace and telephones for all inspectors employed by Consultant to perform the services required by this Agreement. 2 5. AUTOMATION, SUPPORT AND SOFTWARE Consultant agrees to work with the City in order to implement a program that will permit Consultant's personnel to enter data into an internet-based software application that processes, tracks and monitors permit, plan review and inspection activity; contains plan review comments and approvals; schedules pending and daily inspections and records the date of issuance of the Certificate of Occupancy/Completion. City shall provide the Consultant with access to information in the elected software application. Consultant shall contribute up to $12,000 per year toward the purchase of the necessary software and equipment to implement this program. 6. SERVICE STANDARDS Consultant agrees to provide the services as required by paragraph 1A based on the following standards for service: A. Consultant shall seek to provide building inspections within twenty-four (24) hours after the City's Community Development Department receives a request for inspection during normal business days. B. Plan reviews shall be completed within ten (10) working days after the Community Development Department receives a request for plan review. C. Consultant shall seek to maintain their personnel available for customer service assistant assistance during normal hours and as a minimum between 8:30 a.m. and 10:00 a.m. each business day. 7. INSURANCE The Consultant shall at all times carry professional liability insurance, worker's compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance within minimum policy limits in the amount of One Million Dollars ($1,000,000) per occurrence, except that the dollar amount of workers' compensation coverage shall be as provided by Chapter 440, Fla. Stat. The City shall be named as an additional insured on all of the above insurance policies except for worker's compensation insurance. Each insurance policy shall state that it is not cancelable without written notice to the City thirty (30) days prior to the effective date of cancellation. 8. ASSIGNMENT This Agreement shall not be assignable by Consultant. 3 9. PROHIBITION AGAINST CONTIGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. 10. TERMINATION This Agreement may be terminated by the Consultant City upon ten (10) days' written notice with or without cause and by the Consultant upon ninety (90) days' written notice with or without cause. Any scope of work performed by Consultant through the ate of Notice of Termination shall be paid by the City to the Consultant; however, it shall be within the City's sole discretion to permit the Consultant to complete plans examination and/or inspection on any one or more projects that the City may advise and the City shall pay the Consultant its professional fees according to the terms of this Agreement. 11. NONEXCLUSIVE AGREEMENT The services to be provided by the Consultant pursuant to this Agreement shall be non-exclusive and nothing herein shall preclude the City from engaging other firms to perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. The cost of those services will be deducted from the monthly amount due to the Consultant. 12. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 13. WARRANTIES OF CONSULTANT The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the services under this Agreement. A copy of all such required licenses, certifications and permits shall be provided to the City. 14. ATTORNEYS' FEES In the event any party hereto institutes litigation or arbitration to enforce its rights or remedies hereunder, the party prevailing in such litigation or arbitration shall be entitled to an award for costs and reasonable attorney fees incurred in connection with such litigation or arbitration. 4 15. NOTICES All notices and communications to the parties shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail, postage pre-paid, or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: TO THE CITY: City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 TO THE CONSULTANT: Carlos A. Penin, P.E. President C.A.P. Government Inc. 343 Alameida Avenue Coral Gables, Florida 33134 16. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. 17. VENUE; WAIVER OF JURY TRIAL A. The venue for any arbitration or litigation hereunder shall be in Miami-Dade County, Florida. B. In the event of any litigation between the parties which in any way arise from or concerns this Agreement or the services provided hereunder, the parties hereby voluntarily waive any right to trial by jury. 18. PUBLIC RECORDS The Consultant shall execute the City's Public Records Addendum. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: CITY C.A.P. Government Inc. City of Aventura 343 Alameida Avenue 19200 West Country Club Drive Coral Gables, Florida 33134 Aventura, Florida 33180 By: By: Carlos A. Penin, President City Manager Attest: Attest: Ellisa L. Horvath, MMC City Clerk Approved: City Attorney 6 EXHIBIT "A" JOB CLASSIFICATIONS A. Contract Project Manager: A consultant employee who will monitor and coordinate the daily operations between the City and the Consultant. B. Structural Plan Reviewer: A consultant employee who is certified by Miami Dade County Board of Rules and Appeals, who is a Florida registered Professional Engineer and who performs structural review of building permit plans as mandated by the Florida Building Code. C. Chief Building Inspector: A consultant employee who is certified by Miami Dade County Board of Rules and Appeals and who performs all plans review and field inspection of structural, building, A.D.A. and roofing components per requirements of the Florida Building Code and is responsible for supervising inspection activities of all trades, the Threshold Building and special inspectors. D. Threshold Buildings Inspector, Mechanical, Plumbing and Electrical Officials: Consultant employees who are delegated power by the Building Official to enforce the Florida Building Code to interpret the Code requirements of their respective trades and to supervise the construction activity and progress. E. P/T Building Clerk Assistants: A minimum of one (1) consultant employee reporting to the City employee who is assigned to be in charge of the building permit customer service counter. This minimum number may be increased at any time during the term of this agreement at the request of the City, depending on workload at the permit counter and upon agreement by the parties. These employees will assist with the receipt and review of permit applications at the permit counter, coordination of received inspections, distribution for the inspectors, plan reviews and filing systems, record retention functions for the division and coordination with the contracted scanning company. 7 EXHIBIT "B" BUILDING DEPARTMENT SERVICES HOURLY FEE SCHEDULE POSITION HOURLY RATE $185.00 Building Official $125.00 Professional Structural Engineering/Plans Examiner $100.00 Professional Civil, Electrical, Mechanical Engineer $100.00 Project Manager $85.00 Engineer/Designer/Plans Examiner (Other than Structural) $65.00 CADD Technician $75.00 Field Inspector $55.00 Zoning Inspector $45.00 Administrative Assistant $30.00 Clerical $0.55/mile Vehicle Travel (with proper documentation) Cost+ 10% Out of Pocket (pass-through) 8 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission BY: Joanne Carr, AICP ^ /. Interim City Manag DATE: November 9, 2018 SUBJECT: Application for Educational Facilities Security Grant for School Building Security Improvements at Aventura City of Excellence School (ACES) November 13, 2018 City Commission Meeting Agenda Item /0 RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Board of Directors for the Aventura City of Excellence School, authorize the City Manager to submit the attached Project Application for an Educational Facilities Security Grant for funding of school building security improvements at the ACES campus. BACKGROUND Senate Bill 7026 appropriated certain non-recurring funds to the Florida Department of Education to implement a grant program that provides funds to improve the physical security of school buildings. The application is due to the District no later than November 16, 2018. Grants will be awarded no later than January 15, 2019. The maximum allocation to the City from the State is $36,642.22 and this maximum allocation is requested in the Project Application. If you have any questions, please feel free to contact me. /jc Attachments RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL, AUTHORIZING THE CITY MANAGER TO SUBMIT A PROJECT APPLICATION FOR AN EDUCATIONAL FACILITIES SECURITY GRANT FOR FUNDING OF SCHOOL BUILDING SECURITY IMPROVEMENTS AT THE AVENTURA CITY OF EXCELLENCE SCHOOL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to submit the attached Project Application for an Educational Facilities Security Grant for funding of school building security improvements at the Aventura City of Excellence School. Section 2. The City Manager is further authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED on this 13th day of November, 2018. City of Aventura Resolution No. 2018- MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 2 of 2 FLORIDA DEPARTMENT OF EDUCATION PROJECT APPLICATION Please return to: A) Program Name: DOE USE ONLY Educational Facilities Security Grant Florida Department of Education Date Received Office of Grants Management Room 332 Turlington Building 325 West Gaines Street Tallahassee,Florida 32399-0400 Telephone: (850)245-0496 TAPS NUMBER: B)Name and Address of Eligible Applicant: Aventura City of Excellence School Project Number(DOE Assigned) 3333 NE 188th Street Aventura,FL 33180 (7) Total Funds Requested: D) Applicant Contact& Business Information $36,642.22 Contact Name:Julie Alm Telephone Numbers: 305-466-1499 Fiscal Contact Name: Brent Rogers 305-466-8953 DOE USE ONLY Mailing Address: E-mail Addresses: Total Approved Project: Aventura City of Excellence School rogersbncitvofaventura.com $ 3333 NE 188th Street jalm/raavcnturacharter.org Aventura FI 11180 Physical/Facility Address: DUNS number: 110889607 Aventura City of Excellence School FEIN number: 65-0662315 3333 NE 188th Street Aventura Fl 33180 CERTIFICATION f, , (Please Type Name) as the official who is authorized to legally bind the agency/organization, do hereby certify to the best of my knowledge and belief that all the information and attachments submitted in this application are true,complete and accurate, for the purposes,and objectives, set forth in the RFA or RFP and are consistent with the statement of general assurances and specific programmatic assurances for this project.I am aware that any false, fictitious or fraudulent information or the omission of any material fact may subject me to criminal,or administrative penalties for the false statement, false claims or otherwise. Furthermore, all applicable statutes, regulations, and procedures; administrative and programmatic requirements; and procedures for fiscal control and maintenance of records will be implemented to ensure proper accountability for the expenditure of funds on this project. All records necessary to substantiate these requirements will be available for review by appropriate state and federal staff. I further certify that all expenditures will be obligated on or after the effective date and prior to the termination date of the project. Disbursements will be reported only as appropriate to this project, and will not be used for matching funds on this or any special project,where prohibited. Further, I understand that it is the responsibility of the agency head to obtain from its governing body the authorization for the submission of this application. E) Signature of Agency Head Title Date 7- ' r1DRIDA DEP.ARTNfNT OF 'EDUCATION DOE 100A Revised July 2015 Page 1 of 2 Pam Stewart, Commissioner CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission BY: Joanne Carr, AICPA L/t Interim City Mana -/ DATE: November 9, 2018 SUBJECT: Request of Publix Super Markets Inc., for Conditional Use Approval to establish a liquor package store at 2952 Aventura Boulevard, 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 (06-CU-18) November 13, 2018 City Commission Meeting Agenda Item 1 RECOMMENDATION It is recommended that the City Commission approve the conditional use application to establish a liquor package store at 2952 Aventura Boulevard, City of Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to Publix Super Markets Inc., at 2952 Aventura Boulevard, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The 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 letter dated October 12, 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, Publix Super Markets Inc., is requesting Conditional Use approval to establish a liquor package store in a 1687 square foot addition to the existing Publix grocery store at 2952 Aventura Boulevard, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages of Section 4-2 (a) and (b) of the City Code. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Regency Center LP NAME OF APPLICANT Publix Super Markets Inc. ADDRESS OF PROPERTY 2952 Aventura Boulevard See Exhibit#2 for Location Map SIZE OF PROPERTY Approximately 8.595 acres (overall plaza site) LEGAL DESCRIPTION See Exhibit #3 for legal description LAND USE DATA Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District and RMF4 Multifamily High Density Residential District Properties to the South: B2 Community Business District Properties to the East: B2 Community Business District Properties to the West: B2 Community Business District and CF Community Facilities District Existing Land Use — Subject property: Commercial Plaza Properties to the North: Commercial Plaza and Residential Condominium 2 Properties to the South: Aventura Mall Properties to the East: Office and Hotel Properties to the West: Public Library 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: Business and Office and Medium-High Density Residential Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site - This site contains the commercial plaza known as 'Aventura Shopping Center' and is comprised of 8.595 acres on the south side of Aventura Boulevard and on the east side of NE 29 Place. The plaza was recently redeveloped with a 57,917 square foot Publix grocery store over a one-story parking garage on the southern portion of the site, a one-story, 14,188 square foot CVS pharmacy in the northern portion of the site and three separate, one-story retail buildings ranging from 6417 square feet to 7,477 square feet, in the center portion of the site, all with associated surface parking, walkways, landscaping, drainage, signage and lighting. The Project- Publix Super Markets Inc. proposes to establish a one story, 1,687 square foot liquor package store as an addition to the northeast portion of the existing grocery store. The liquor package store will have an independent entrance and will not be connected to the grocery store. The area of the proposed store is currently a landscaped area adjacent to the grocery store entrance. A rendering of the proposed store is attached as Exhibit #4. The addition will continue the same modern architectural details as the grocery store and other plaza buildings. A liquor package store is a permitted use in the B2 zoning district; however, conditional use approval is required due to the distance and spacing requirements of Chapter 4 of the City Code. 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 section of this staff report. There are seven establishments that have an existing liquor license within 1500 feet, one religious facility and one school within 2500 feet of the proposed store; therefore, the distance and spacing requirements are 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. 3 The Aventura Police Department has reviewed the application. The liquor store is proposed in an addition to the northeast end of the Publix building, next to the rear alley access to the plaza. The police department concerns with establishment of a liquor store in this location are that sufficient surveillance and security are provided to discourage robberies and to discourage consumption of alcoholic beverages in the alley or other plaza areas outside the store. It is also noted that a makeshift path has been cleared by pedestrians through landscaping between the plaza and the hotel/office property to the east. The police department has requested that this path either be improved as a walkway with pavers and lighting, or, that the path be fenced to prevent access. The applicant's surveillance, security and walkway proposals outlined in its letter dated October 12, 2018, attached as Exhibit #5, satisfy the police department concerns. Provision of the surveillance, security and fencing detailed in the letter has been made a condition of approval of this application. 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 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 seven establishments with an existing liquor license within 1500 feet, one religious facility and one school located within 2500 feet of the proposed liquor store. The liquor survey is attached as Exhibit #6 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. 4 • Restaurants in the B1, B2, 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. The applicant has proffered surveillance, security and fencing improvements to address concerns identified by the Aventura Police Department. 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 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 5 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 Aventura Boulevard and NE 29 Place South. 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 commercial plaza. The store entrance will front onto the interior of the plaza. There will be no visual impact of the proposed use on adjacent property. 6 KimleySHorn Exhibit 1 06-CU-18 Aventura Publix Liquor Administrative Site Plan Approval and Conditional Use LETTER OF INTENT June 22, 2018 Publix as tenant, with support of Regency Centers, LP as owners of the 8.95 acres, 104,519 sf Aventura Shopping Center located at the southeast corner of Aventura Blvd. and NE 29th Place, City of Aventura, Miami-Dade County, Florida propose to develop a 1,687 sf Liquor Box expansion to the existing 57,917 sf Publix. The overall 104,519 sf center contains a 57,917 sf Publix with parking underneath, a 14,188 sf CVS, three retail/restaurant buildings with outdoor seating totaling 21,371 sf, and a 9,356 sf bank located at the southwest property corner. The site was previously approved under ASPA 03-SP-15. The proposed expansion meets code for building coverage (26.9% provided, 40% max required), FAR (29.5% provided) open space (16.9% provided, 15% required), setbacks, and parking. The expansion does not impact any water, sewer, drainage facilities, or access drives. Utilities are being provided internal to the building and the roof drainage is tying into the parking garage. Several recently planted trees will be removed from the area of the new expansion, but as demonstrated on the plans, landscaping still meets code. In addition, the 1,687 sf increase in building area is considered a de minimus traffic impact as analyzed by TrefTech. The redevelopment also improves the property in the following ways: The provided liquor survey identifies liquor/wine/beer establishments within the 3,000' area. The construction of this facility is consistent with the surrounding approvals. Utilities—No new utilities will be required for the expansion. The Liquor Box utilities will extend from the existing utility lines for the Publix. Drainage—The proposed finished floor elevation is set to 1' above the FEMA flood elevation of 7.0'. Deteriorating or damaged storm lines have been replaced, improving drainage flow into the 722 acres Tumbeny drainage basin of which this is a part. Access —The current access connections to Aventura Blvd. and NE 29th Place will be maintained, but has been improved with new asphalt, cross walks, and signage. kirnlev-horn corn 445 2 t' Street Suite 200 Vera Beech FL 3296D Kimley>»Horn AventuraShoppingCenter—AdministrativeSitePlanApproval Justification Statement Page 2 oft Landscaping - The recent redevelopment of this property along with the landscape design has greatly enhanced the appearance of this property versus the previous existing conditions. The proposed expansion will remove the palms/shrubs provided in the expansion area. The site landscaping is still in excess of Aventura code requirements. Architecture - The proposed expansion will provide the architectural look and embellishments consistent with the Publix building so they appear as a homogenous unit. The existing Shoppes of Aventura look is a continuation of the surrounding modern architectural concept which is being newly constructed throughout the immediate adjacent properties in the Aventura Shopping District. The projects glass facades provide a correlation to the contemporary Northeast Library that is located less than a half mile from the project site. The linear planes of the elevations along with tone on tone scored stucco areas associate to the clean modern lines of the architecture of the neighboring office building, banks, and the Aventura Mall. The material palette uses similar light colors to nearby properties with bronze canopies and roofing to accent and identify both the entrances and the changes in space. Wood toned accent panels are introduced to richen and warm the exterior while the square edges of their massing still delivers a modern aesthetic to connect with their contemporary surroundings. Building Orientation - The buildings are orientated in such a way as to give the main attractors, Publix and CVS, more dedicated parking areas to improve the public experience, while giving a shopper that wants to enjoy all of the amenities, a more central access experience to each building. Overall,the improvements will give the area a refreshed and modem look that will blend well with the surroundings, have de minimus impacts to the roads, and give the public a better experience with access and connectivity. kanley-horn com 445 24th Street. Suite 200.Vero Beach. rL 32060 772 /941100 BROWARD COUN'T'YyI. L`= /7-•-•-.-'�i• ,re51TL TL•r,f yr LT:T.'-.- -- • •� 1SIMI DADE COUNTY • Nov rt.r*VT�7VIrti.r*V■W& ■ Gulfstream \ YACHT LUB DR. • ■ Park — ' • Ili ■ _MARINA ■ a Arennav �. HARBOR C CIRCLE • Hospital ., WAY ■ •a &Cene,il c,l Q1:47,,OskvkIPX MA : j■ — . v • ,-r l L� • Waterways CliDI ■ • m WATERWAYS Shoppes 207 ST. 1 ■ • —II LIP ■ Lu — a a COUNTRY CLUB DR. • • The c°''t 205 ST. � j ■ • Promenade V • • Shops co p • • IVES DAIRY RD. • 203 ST. Q C}F�G. • ■ I '�r9 ■ J� • L ■ �� •• o • 201 TER. o • ■ a 0 Turn berry Isle • m • m Resort&Club • ZQ • 4 AVENTURA 9�v0 le a W ■ 0 co a4= : O y a Fire Rescue Aventura C • Station Libra Zi 1 3 • ■ Subject Property ¢ �Q • ■a i Aventura Mall • O YACHT 2' • • `�City of Aventura 0 LUB , • ■ Government Center •LEI-NA • V`ri �'. s >-: • 192 ST. �■ WILLIAM : 192 ST. — 0c _ ; 191 ST. -A ` Q•c •• "' ; 190 9 MYSTIC x • Loehrnann's -- • Fashion ai • 0 . Island Q • rn 188 ST. • 00 a w 1 2 MIAMI GARDENS DR. '•• 1417 ST. I 33180 •• w L. 1 s ST 33 60 ; j :• 183 ST. Danrfoundling ■ Bay • Ocean %• Biscayne Little m �?. Sotund Wlliams • • 41 arbour 180 ST. �a e N • l•• Point n S • .• East . • • amp 8 ♦ •• • POINt'�, OP o . ''♦ • if \ • • ` ; LEGEND i Maule ♦♦♦• ,........,...N , a ♦ 4Lake 1. ^ Roadways ... r..... .4 ♦♦♦♦ 4 • City Boundary • ■ ♦• • [ ` r —.—.— ZIP Code Boundary ♦♦ / 1 Railroad • • c t • • / _1 ♦♦ Ii ` Exhibit 2 06-CU-18 EXHIBIT "A" Land A tract of land lying in both Section 34, Township 51 South, Range 42 East, and Section 3, .. Township 52 South, Range 42 East, Dade County, Florida, and being a portion of Tract G, AVENTURA SECOND ADDITION, as recorded in Plat Book 99, Page 21, of the Public Records of Dade County, Florida, more particularly described as follows: Commence at the intersection of the center lines of Aventura Boulevard and West Country Club Drive, as shown on the Plat of the Third Addition Biscayne Yacht and Country Club, as recorded in Plat Book 92, Page 84, of the Public Records of Dade County, Florida; thence S82°36'41" along the center line of Aventura Boulevard of 249.71 feet to a point of curvature to a curve that is concave to the southeast; thence S7°23'19" East on a radial line to said curve for 73.00 feet to a point of curvature on the southerly right-of-way line of said Aventura Boulevard; thence southwesterly along the said right-of-way line, the same being a curve concave to the southeast, having a radius of 3746.72 feet and a central angle of 1°28'37" for 96.58 feet to the Point of Beginning of said parcel of land; thence S2°40'32" East for 933.47 feet to a point; thence S87°1978" West for 350.00 feet to a point, thence North 13°08'55" West for 469.40 feet to a point of curvature to a curve that is concave to the northeast; thence along the arc of said curve, having a radius of 810.00 feet and a central angle of 22°21'09" for 316.00 feet to a point of reverse curvature to a curve that is concave to the northwest; thence along the arc of the last described curve having a radius of 414.45 feet and central angle of 12°10'45" for 88.06 feet to a point on a curve on the southerly right-of-way line of Aventura Boulevard, thence northeasterly along said right-of-way line,the same being a curve concave to the southeast, having a radius of 3746.72 feet and a central angle of 6°33'19"for 428.87 feet to the Point of Beginning. • Exhibit 3 06-CU-18 31271861 v2 - iw-:"•--..===.••=1-1.--4----1-==-1---=-----===i _ . --— .. IMITMI -i" • ' ,; • , NM....•• _ ,r, . . 4 II .., Publbe •I 11111111 - ' . • a. --,A-41.74F.1.1".0-,"-* UOUORS 1161.11'1111 1 ' NM a MEM SU . . • . •• - ____ -.0 I IMP1=I= •Ill1, ailik ..-t " -_-_L • .......,.. . . ---. .•._::: . "_____,:l PUBLIX FRONT ELEVATION INORTHI V 03 - 4.1 . ... 1 _ illilliker _ — t •— (,) IL— . X cc. 1 111 0 ,• UM . 1 [ . , _ „ , ,..,. _ I M - 1 mom .. ,,,. PINE111 iliMr..• t. , ._ .11 SAM ... Ili PUELIX SIDE ELEVATION IEASTI 4.II.,1/t/t t Mt fsAst.4)i.1.• D_Aqr C•010, RI Klos 1st•• .....m. 71,SONA FIOL LILICit" NAVAJO%VIM" -,c4•Triii. .,J11.1 I S, 1 l III 21'1<lriSMW igffilF48421k. latalrgE'NT 1., NEDIC1,1 BRONZE- • -COM.rAL BROW, :, %NNW ,01.6126 v s...','!•7 1,i1, ARRIK11.-AFT ' ' PAC,C1.40 VOKONAIX.Q1J WIC slACK. 4•,(,-;16 4 A 4, 1.,.•• 4'. Regency Centers. THE SHOPPES AT AVENTURA AVENTURA , FL (--....4FIsHER 06 2 1 1 8 DESIGN DEVELOPMENT ARCHITECTS-- Publix ; October 12, 2018 City of Aventura Joanne Carr, Community Development Director 19200 West Country Club Drive Aventura, FL 33180 RE: Publix Aventura Liquor Store—Conditional Use Application Security Concerns Dear Ms. Carr, In response to the review of security by the City of Aventura Police Dept., relative to the addition of a liquor store to the Publix/Regency site located at located at 2952 Aventura Boulevard, we offer the following responses. Comment 1) Provide security during liquor store hours to include an hour before and an hour after business opening and closing. Response 1) The landlord provides existing manned,parking lot security service hours, currently set at 7:00am to 6:00pm. Publix agrees to provide security hours from 6:00 PM to one hour beyond the liquor store's close of business, expected now to be 10:00pm. Comment 2) Close or improve the makeshift walkway between the center to the hotel to the east. Response 2 ) In regards to the makeshift walkway between the hotel parking lot and the Publix parking lot, Publix and the landlord agree that said area will be fenced in such a manner as to impede pedestrian traffic as described above. While not specifically called out in the assessment, i understand there was some question regarding CCTV coverage. It is our intention to provide this location with the standard camera coverage that is applied to all of our liquor store locations. This includes adequate coverage of the inside of the store to include aisles,back area,service counter(registers)and entrance, as well as coverage of the front exterior of the store at the door(s). These cameras will source back to the existing recording system housed within the parent Publix store above. Plans for this system are available upon request. It is my hope these responses satisfy all of the concerns. I am happy to answer any further questions or provide further information as deemed necessary. Thank you. Sincerely, 000 Exhibit 5 06-CU-18 WHERE SHOPPING IS A PLEASUREe+ Exhibit 6 06-CU-18 � ♦♦♦� � j SOETa OF DISTANCE SE.AMT1002111403 FOR►IE0/'OIF011011[7m lift.* '•• 11 I7 I �l.{� -,1 -_• ` PUQl%llareH 9701E-1EOF16V-t%tdWAVE.i UMBQlEVAIO .........3.:•42- :.-. I •alb.^ v- -� are OF AVEMTUIN M•7 OADE COUNTY.ROMA „ __ _ - - 55[71055 I 7[1411410 s1 soUM RAMIE 4011511 L:_.�3.= I I I I 1 •. SECTION 1 TOANSMP 52!OUT.RANGE al EAST^' 1S• 7 1 1 0_- '~1 _---) - 5.50~ - -f- .3.NAE ADORERS TYPE DISTANCE -w•..w.• ii sm. . , - i / ■■ ._ _ .111•MTV RCP. ::.b Cl 1 1.011•.. 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Appryb 51.0..5.n•.5•:300 100.•1\:vl./v..sn A.o.t V`�.�• 1..->r 6 6 4516 r 1>•6. 61/IVEVa 2.1.0. ..,re 70 tI OlI •.c vo44 1 Sa•6r 0.44111..'%• I.6.. :e . 011 11 0 0041011 NFrr'.•. .642 r ••.<�• *0..'1 Sl.r r I••W a-Y'•d^<•.'i.2.. w. ..A.. Lf«21.»i1.�1.1.54' X1}1006�'I APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code.this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual a entity applying for the Development Permit.which is identified in the accompanying application,and the owler of the property subject to the application(d different)hereby lists and identifies alt persons representing Me individual or enl fty applying for the Deveopment Permit in connection with the application,as follows. Name Relationship fie Attorneys.Architects,Landscape Architects,Engineers,Lobbyists,Etc) Peter Van Rens. P.E. Engineer Bryan Fisher Architect Leah Campbell,RLA Landscape Architect Daniel C.Fortin Ir. PSM Surveyor (Attach Additional Sheets it Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL DR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)p11)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 DR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS DAY OF 200 AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER / ,/// /• BY t.. .44/1 it i ® By: ../7'Z-441c-e ` (Signalure) (Sgna/ure) Name: John Kitchens/Publix Super Markets, Inc. Name:_Mike Kinsella, Regency Centers,LP (lain) (hint) Luc: iT'I`r=,s o4 a..l„ , rt i '> L-, Title: Senior Vice President Address: 3300 Publix Corporate Parkway Address: One Independent Drive, Suite 114 Lakeland,FL 33811_ Jacksonville,FL 32202 STATE OF FLORIDA ) / COUNTY OF MIAMI-DADE) • Before me the undersigned authority personally appeared Mike Kinsella as thyauth•' • re! •ntative of the Applicant and/or the owner of the property subject Io the application, who being first ba-me duly s did y .r • affirthat he/she executed this Affidavit for the purposes stated therein and that it is True and correct t2J / �1 ^ IVANT SWORN TO AND SUBSCRIBED BEFORE ME this$da of A2go1 'rl y (�'�f4/�p'011 j",Ory Public State of RaLi �-�AI arge• /1;;;\ dFSau NA7VNFNF te•ary Name of Notary �1 C�� Fie A i?% N11up MNt-Slab a F order ley commission expires: 4 I I`1?2'-- T, Cm. E*I FF MN279 4th' SV CMM. FyWS Sop 10,2020 91NlatImp 11110021NNry Assn. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(n) W the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that. (nark with'x'applicable portions only) X1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ]2. Agent hereby discloses that it does have a Business Relationship with a member of the City Commission ora City Advisory Board to which the appiicat,on will be presented,as follows. (List name of Commissioner or Advisory Board Member) who serves on the _(List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows. I)I. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stack of Appiicant or Representative; .i1 it Membe of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative rn any business venture; [I iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,00 .00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year I I W. The member of the CO Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 200 APPLICANT By t • �I (Signature)Name 'John Kitchens (Him) 4.11 Tine t .1-7 :E nom= (Piiml WITNESS MY HAND THIS_'pp,OF —_.200_ PROPERTY OWNER (Sgrrawe) Name. M e Kinse a — (Pring Title, Sr. Vice President - (Prim) 'The terms 'Business Relationship,' 'Client' "Customer" 'gpphican(,' 'Repteserrative'and 'Interested Person'are Wined in Section 2-395 o/rhe Aventura City Code i I STATE OF FLORIDA t NOTARIZATION PROVISION COUNTY OF MIAMI-DADE) Before me.The undersigned euNonly,personally appeared Mike Kinsella executed Ars Affidavit for the purposes slated therein and mal Ii is rue and correct -..the Afloat who being firsa laud a ^ Y wvn,E'k swear or affirm Nal hershe i G- / AFFIANr --- SWORN Te, gND9BBB6 - - '\ r ICHL��ji'� ci:: L. .200 11 E88 C A NANBEN U Notary PUG11e.8hIe WF n ( EMY CaaNNetbtt l FF 99527p t N PublicXSl8te of FlwgeA ry �--r ' 1 q e EVNtt S00 19,29:8 •—'%-�u"L. yli-e n _ �MWlbt Pri kb Named Notary STATE aFLORIDA �- My commrsvm expel `{ �(<l h� �i COUNTY OF MIAMbDADE) Before me.the undersigned authority,personally appeared• Peter Van Rens the Affiant who beingfirst executed this Af dant for he purposes stated therein and mat ft is hue and cornet Yme duly swan.did swear ex affirm that M1ehM1e AFFIANT -------_"'-- SWORN TO AND SUBSCRIBED bebre me this--._day ot_ ___,fill Notary Pudic State of Flonda At large _. Pnnted Name of Notary. _ -- Ay commission expires: STATE OF FLORIDA ) _ _— COUNTY OF MIAMI-DADE) -._--_ _— .. ...__._._____._. Before me,the undersigned auNo John Kitchens/ executed this Affidavit M the " n and y ais bo eapuh�cuM nn,.t., Ne Affiant.who beingfirst byme dud sworn,did swear or sere that purposes ante nano that ttlseueenomneet y he/she AFFIANT SWORN TO AND SUBSCRIBED before me tins ay of'0 Notaryerici- Public Slateof.Flan& Large Prin0 Name d Nolan �'--ytrp�� STATE OF fI�IDA ) _____._. My commission waver____...1 NY DONNERlCM COUNTY Of MIAMI-DADE) C �BUNtC(I E�kI P--mss'-Radpt. fres Il ern &WS yAyt x.Ax9 Before me,the undersigned authority,personally appearePaniel C. Fortin Jr. tsbe executed this Affidavit for the purposes stated therm and that itrs eve and correct - - the Atha^t who being first by me tlul -"'_-- ysworn dM swear aaffirtn Naltrelshe AFFIANT --- -_- SWORN TO AND SUBSCRIBED babe me this day of _-. 200 Notary Public State of Ficoda At Large PdnleO Name of Notary �- My commission expires._ WITNESS MY HAND THIS Sid— DAY OF gabber 20017 REPRESENTATIVE: Listed on Business Relationship Affidavit) By: (Signature) By: (Signature Name: Leah Campbell (Pont) Name: Peter Van Rens,P.E. (Print) Title: _ (Prim) Title: Sr.Vice President (amt) difitBy. (Signature) By:__ _ me Name: Daniel C. Fortin Jr. (Print) Name:_Karl B.Peterson,P,E, Ow Title: - _(Punt) TitlenfrP c (Trio) By: . (Signature) By (Signature Name: Bryan Fisher (Frio) Name (Poor) Title: (Print) Title: (Print) By. _ (Signature) By. _ (Signature Title:_. _ . ._(Print) Title. (Print) Title. (Print) Title: (Pant) By (Signature) By: (Signature Title: _ (Print) Tiller (Print) Title: (Print) Title, (Prot) By: (Signature) By: (Signature Tale. (Prim) Title: _(Pnnt) Title: (Pon) Title:_ _ (Pont) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-7 I ibh2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. • NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undersigned authority.personally appeared Ryan Fisher_ the Alfians wtio being first by me duly sworn,did swear or affirm Nat he/she executed this ARdawt for the purposes stated therein and Nal it is true and carer. AFFIANT SWORN TO AND SUBSCRIBED before me this day of _, . ,200_ Nobary Public State of Florida At Large Printed Name of Notary My commission expires. STATE OF FLORIDA ) COUNTY OFNIIAMMDE,OZ ` di Before me,the undersigned authority,personally appearedKarl B.Peterson,P.E the Affiant, 1 being first by me duly sworn.di swear Cr affirm that ba'she executed this Affidavit la the purposes stated therein and Nat h is true and correct. - - AF IANT SNi0q/B4NRSIYABEWBEObeUreme the ...Y- ofCit "2BB9l 9 day Jq[ qq L r rydic State ofFfoMa At Lagpe rK � Pnnled Name of Notary O _O aC� Y MI commission expires'. / 0 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Leah CamabeiL _the Affiant.who being first by me duly sworn,did swear a affirm that he/she executed this Affidavit for The purposes slated Mersin and that it is We and correct. AFFIANT SWORN TO AND SUBSCRIBED before me thisday of . ,200_ Nday Pubic State of Fonda At Large Famed Nims of Notary My commission spires._- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,Me undersigned authority.personally appeared_. _ _ _ _.. —.the Altanl who bang first by me duly sworn.did swear or affirm that he/she executed this Affidavit for the purposes stated therein and Mat it is Nle and correct AFFIANT- _ — SWORN TO AND SUBSCRIBED before me this dayot — _. .200_ Notary Public Sheol Florida At Large Panted Name of Notary My rammission expires:_ _ _. d WITNESS MY HAND THIS 3v DAY OF PC-4- 2001 REPR •ENTA E:(Lis-d o Business Relationship Affidavit) By: i r I Ai i, (Sgnature) By. (Signature Name. Leah ',a ..- 1 (Pont) Name: Peter Van Rens,P.E. (Pont) Title: LANI:Fitn p c$VCt (Print) Title: Sr.Vice President _(Print) By:__ (Signature) By ._. (Signature Name: Daniel C. Fortin Jr. (Print) Name: Karl B.Peterson, P.E. (Print) Title: (Print) Title: _ (Print) By: (Signature) By: (Signature Name: Bryan Fisher _(Print) Name: (Print) Title: (Print) Title: (Print) By: _ (Signature) By. .. (Signature Title: __(Print) Title: (Print) Title' (Print) Title._ (Print) By:_ _(Signature) By: (Signature Title: (Print) Title._ ._._.. (Print) Title: (Print) Title: (Print) By. (Signature) By_. (Signature Title: (Pont) Title:_ _- (Pant) Title: (Print) BUe:_. _. .._(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authoity,personally appeared Bruen Fisher the Affiant,who being firs)by me duly sworn,did swear or affirm Nat he/she executed this Affidavit for the purposes staled therein and Nat it rs true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me Nis day of_ _ _ ,200_ Notary Public State of Florida At Large Printed Name of Notary My mnmissioo expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appearedKarl B.Petersgm PE the Affiant,who being first by me duly sworn,did swear or affirm Nat he/she matted tiltsAffidavit for the purposes staled therein and that it is True and correct. AFFIANT SVVORN TO AND SUBSCRIBED before me this _day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI DADE) Before me,the undersigned authority,personally appeared LeahC,ampbell the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this ARdauil kr the purposes slated thertin and that'd'flue and correct I 4,A.. I/r T w ''��" yveTE,, KRISTEN ELAINE PURCELL SWORN TO AND SUBSCRIBED before me this 3 day of% °bA. .20111- ,t: 4,c Notary Public,State of Texas Comm. Expires 07-26-2021 Notary Pudic Slate of porde At Large lei/CC$c` Notary ID 131222979 Take" Printed Name of Notary My commission expires._ _ . STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared _ _ the Mehl,who being first by me duly sworn.rid swear a affirm that he/she executed this ARdaNI for the purposes Mated therein and that it is trueand cored. AFFIANT SWORN TO AND SUBSCRIBED before me this_ _day of _,200_ Notary Public Stele of Florida At Large Printed Name of Notary My commission expires._ _ _.. WITNESS MY HAND THIS DAY OF 200_ REPRESENTATIVE:(Listed on Business Relationship Affidavit) By. (Sgnature) By _ (Sgnature Nn. )mRbell (Pont) Name' ki,gr Van Rens,P.E. _(Print) Title. PJjny' Jam' Title Sr.Vice President (Pont) illir B : ' A 2"S/PPr (Signature) By'_. . (Sure ante: `Daniel C. Fortin Jr. (Punt) Name' Karl B.Peterson,P.E. (pint) Title: ' `TP (Print) Title: (pint) By:__ (Sflture) By: (Signature Name Bryan Fisher _(print) Name:.. ., (Pont) Tile: (Print) Title: (tont) By _ (Signature) By. _ _ (Signature Title: _ (Print) Tele: (Prop Title: (Pont) Title. (pint) By: (Signature) By.__.. (Signature Title: _(pint) Title —. . (Pont) Title: (ptm) Title: _ (Pint) By: (Signature) By (Signature Title: (Pratt) Title._ _.___ (Pm!) Tile: (Prrit) Title _ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b$2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE Of FLORIDA ) COUNTY OF MIAMI-DADE) Beige me,the undersigned authority,personally appeared Mike Kinsella the ANent who being first by me thiy swan,dk ewer or affirm Nat h&She aacuIed this Affidavit b the paposes ember therein and Mat itis true and rmect AFFIANT SWORN TO AND SUBSCRIBED babe me this -_ day d_. _. _ 200_ Ncbry Pubic Siete of Flake N tag, Prinled Name of Notary My commissieredgies.. STATE OF FLORIDA ) COUNTY OF MIAmTDADE) Bebe me.the undersigned authority,personalty atpeaad Peter Van Rens to Affiant who being first by me duly swan did swear a affirm that hekhe decwted NS AAid t for the pa-goes staled there,and Nat it s Ne and owed AFFIANT SWORN TO AND SUBSCRIBED bete me this __day of _ ,21111_ Notary Pubbc Sam of Fwa At Large Pnnted Name of Nday My commission eapres:__ _. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) John Kitchens/ Bebe me,the unceregned autaity,personally appearedpuhlix Super Markus,Lithe ARent who being first by me duly swan dk swear a affirm Na hasbe executed this Affidavit lathe ourptes slated Serer and that it s elm and cared AFFIANT SWORN TO AND SUBSCRIBED berme me this_- thy of _ _ 200_ Nday Pdtk Salla d Ftta Al Large Printed IT of Notary My mmnssim vpies:_ _ _ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undersigned authority,ponallY oppereP11ll aniel C. Fortin Ir. a Alhent wild to . . ly- •n,did swear a affirm Nat hashe executed this Affidavit be the papaws WAS therein and that it is tun end pared - — • — AFFIANT _ SWORN TO AND SUBSCRIBED before me this 3_dayd 0L17,S _]09_.24)17 / Ndery PIWIC SIae W Fends u � Susan PudPublicStyled Florida Printed Nan dNaary usan P gyp_ t My Commission FF8T0972 MY oanm en eyries_ � y % L • 1 AA' Expres 04/06/2020 WITNESS MY HAND THIS DAY OF _._,200_. REPRESENTATIVE (Listed on Business Relationship Affidavit) By _ (Signature) By. (Signature Name. Leah Campbell (Pdup Name-. Peter Van Rens,P.E. (Pont) Title (Print) Tile: Sr.Vice President (Pont) By. _ _ (Signature) By: - (Signature Name: Daniel C.Fortin Jr. (Prop Name: Karl B.Peterson,P.E. (Print) Title: Title: (Print) By: a „g., . -) By: (Signature � Name: William -(Pont) Name. _ _. (Print) Title: ta Co -1- (Print) Title__. ._ (Print) By _ (Signature) By. . _ (Signature Title:__.. _—(Pitot) Title. _ _(Print) Title _(Print) Tile. (Print) By: (Signature) By. (Signature Title- (Punt) Title (Print) Tale- (Print) Title: — - (Pont) By: (Signature) By: (Signature Title: (Pant) Title: _..__(Print) Title- (Print) Title: _ _(Porn) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(be2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA 1 COUNTY OF MIAMI-DADE) Before me.tie undersigned authority,perscoally appeared William Fisher the Pliant, ••ing first. ,tad swear or affirm mat heishe executed Oa Arrant la the purposes staled therein and that is rue and correct ' ,Pra wet 22 AFFIANT SWORN TO ANC SUBSCRIBED before memiajt4 day of OFIFO* 250/) •- y�, ---- ' ` .P'"m••�t,1 FJML.FELT '�ji __ 3• S NYCOMEISSICNELT 059359 N � c el ofFlorida AI�Large w� Banded :January 8.2021 Pooled Notre of Notary •� x NOVO. P lbilonelers My wmmisstm exptes.//g/a D L/ STATE OF FLORIDA 1 ----���— _�-- COUNTY OF MIAMI DADE) Before me,the undersigned authority.personally appearedKarl B.Peterson,P_E the Affiant.who being first by me duly sworn did swear or affirm that he/she executed this Alfidant for the purposes staled therein and that itis Ira and correct. AFFIANT SWORN TO AND SUBSCRIBES before me this. ._.day of 200_ Notary Public Stale of Honda At Large Printed Name of Notary My commission expires _ _.— CFLORIDALORI ) COUNTY OF MIAMI-DADE) Bebe me,the undersgned au!aity,pesonally appeared Lcah Campbell the Affiant who bang first by me duly sworn.did swear or affirm that he/she executed this ARda,t for the purposes staled therein and that it is be and correct AFFIANT SWORN TO AND SUBSCRIBED bete me this_. day of _ _200_ Notary Pub&Stale of Fhxda At Large Pnnkd Name of Notary .. My commission°wires._ _ _ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned aulonty,personalty appeared the Affiant who bang first by me duly sworn.did swear or affirm Nat nelsne executed this Afbdatnl for the purposes slated temp and That rt is rue ano correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of _ _ .200, Notary Pubic Slate of Fiords At Large Panted Nene of Notary My airwoman expires. _ _ d f. WITNESS MY HAND THISv� DAY OF )vtf` 20ticl REPRESENTATIVE(Listed on Business Relationship Affidavit) By (Signature) By (Signature Name (Pant) Name: _(Pant) Tree_ (Print) Title. _ _(Print) By: (Signature) By__ _ (Signature Name:_ (Print) Name' (Frio!) Title: (Print) Title (Print) 1 By. (@nature) By' leigt f.'fnj/ (Signature Name: (Pant) Name: Peter Van Rens,P.E.(Pnnt) Title: _(Pant) Title: Sr.Vice President (Phot By: _ (Signature) By (Signature Title: (Print) Title: _ (Print) Title. _(Pont) Title:_ (Print) By: _(Signature) By. (Signature Title (Pana Title. (Print) Title. (Print) Title: (Pant) By _ (Signature) By _ (Signature Title: (Pont) Title (Print) Title: _(Print) Title. (Print) NOTE. 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(v)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE] Before me,the undersigned aumoiry,personally appeared _ _ Me Affiant,who being first by me duty sworn,die swear a affirm that b&she executed Nis Affidavit la the purposes stated therein and Thal it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of_ _ nn .200_ Notary Public State of Florida At Large Printed Name of Notary My commrssial expires._ CTATE OUNTY FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Peter Vail Rens Me AlfanL who being first by me duly sworn.dot swear or affirm that hdshe executed Nis Affidavit for be purposes staled therein and that it is true and correct. • 1✓'vy /4Ma'T AFFIANT S • • • : . ;BE:bebre me this—ffir day of x- —,2017 044„ ELIZABETH REBECCA HAMILTON : COmmesion#FF 156573 Nato:W:At Stale of Fonda At Large • 3 .,ay Expires October 6,2018 eO1da lin TM Far I^Wwwxab.IDSAIa Pnmed Namebt Notary My commission expires. _Dr) • STATE OF FLORIDA ....._.____.. COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant who being first by me duly sworn,did swear or affirm that he/she executed Nis Affidavit for the purposes staled therein and that it is Pue and correct AFFIANT SWORN TO AND SUBSCRtBED before me This__,. day of 200_ • Notary Pu*M State of Flonda Al Large Punted Name of Notary My commission expires._ _. STATE CF FLORIDA COUNTY Of MIAMI-DADE) Before me,the undersigned autheiry,personally appeared _ _. .. the Affiant who being first by me duty sworn,did swear or affirm that he/she executed this Af idayil for the purposes slated therein and that it Is Nue and correct AFFIANT SWORN TO AND SUBSCRIBED before me this_. _ day of. .. _ ,200_ Notary Public Slate of Florida At large Printed Name of Notary My commission expires:_ -__ _.. 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 LIQUOR PACKAGE STORE AT 2952 AVENTURA BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Publix Super Markets Inc., through Application No. 06-CU-18 is requesting conditional use approval to permit the establishment of a 1,687 square foot, more or less, liquor package store at 2952 Aventura Boulevard, 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 liquor package store at 2952 Aventura Boulevard, City of Aventura, located in the B2 City of Aventura Resolution No. 2018- zoning district, is hereby granted, subject to the conditions set out in this Resolution, on property legally described in Part of Tract G, Aventura Second Addition, as recorded in Plat Book 99, Page 21 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 Publix Super Markets Inc., at 2952 Aventura Boulevard, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The 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 letter dated October 12, 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. Page 2 of 4 City of Aventura Resolution No. 2018- Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman Page 3 of 4 City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 13th day of November, 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 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Joanne Carr, AICP, Interim City Manager BY: Brian K. Raducci, Finance Director DATE: November 9, 2018 SUBJECT: End of Year Budget Amending Ordinance— FY 2017/18 1st Reading November 13, 2018 City Commission Meeting Agenda Item t 2nd Reading January 8, 2019 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2017/18 budget. BACKGROUND At this time of year, the Finance Department is preparing the City's financial records for the FY 2017/18 year-end audit. Now that most of our year-end adjustments have been made, we have the necessary information to formally amend the FY 2017/18 budget. This "clean up" amendment is a normal part of our year-end fiscal operations and is prepared to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of our actual expenditures. In order to comply with Section 166.241 (4) of the Florida Statutes, the related ordinance will appear on the November 2018 and January 2019 agendas. Although this Section requires all budget amendments be made "within 60 days following the end of the fiscal year," the second reading of the ordinance (as is consistent with past practice) will not occur until January 2019 as there is no December meeting. The ordinance however will appear on first reading prior to the November 29, 2018 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In some cases, associated revenues may be increased to satisfy the related expenditure overage. Listed below is a summary of the amendments for the City's General Fund, by department and the 2012 (A) Loan Debt Service Fund, 2012 (B) Loan Debt Service Fund and the Police Offduty Services Fund and the underlying circumstances that support each recommendation. 1 General Fund—(0011— ($2,818,600 net increase) Office of the City Manager(0501)— ($145,000 increase) 1201 — Employee Salaries Requires a $145,000 budget amendment primarily due to higher than anticipated employee salaries related to the retirement and the resignation of the former City Managers, respectively and consulting fees that were approved by the Commission after the adoption of the original budget. This overage will be offset by $145,000 in additional Utility Tax-Electric Revenue (3141000). Community Development (4001) — ($2,500,000 increase) 3101 — Building Inspection Services Requires a $2,500,000 budget amendment due to higher than anticipated building/development activity experienced during the year which will be offset by additional Building Permit revenue (3221000). Public Works/Transportation (5401) — ($165,000 increase) 4320 — Utilities -Water Requires a $165,000 budget amendment primarily due to the following items that were not anticipated in the adopted budget: • additional irrigation costs related to a dryer than usual "wet season" for the following: o Peace Park o watering the flower beds along Country Club Drive and the use of City water for irrigation along Aventura Boulevard due to salt water intrusion and the replanting of trees along County Club Drive that was part of the Hurricane Landscape Restoration Project following Hurricane Irma; and • additional water consumption at the Splashpad due to the extended season and more frequent backwashing due to higher than anticipated attendance levels. The overages in the Public Works/Transportation Department as described above will be offset by a combination of additional; Utility Tax-Electric Revenue (3141000) — $115,000 and Unified Communications Tax (3149000) —$50,000. 2 Non-Departmental(9001) — ($8,600 increase) On August 27, 2018, the City was informed by SunTrust Bank that as a result of the decrease in the maximum federal corporate income tax rate from 35% to 21% in January 2018, the terms of the documents governing our tax exempt financing with them (Series 2012 Revenue Refunding Bonds) required that the interest rate applicable to the financing be increased from 2.18% to 2.65%. As this change was not anticipated during the preparation of the FY 2017/18 Budget, the following increase is necessary: 9125-Transfer to Debt Service Fund - 2012 (A) (Fund 250) - to appropriate additional funds of $8,600 for interest that was payable on August 1, 2018. The original debt, issued in 2002 was utilized to acquire property for the Charter School and partially fund the Community Recreation Center. The overages as described above will be offset by additional Unified Communications Tax (3149000) - $8,600. Since this change was not made aware to the City by SunTrust Bank until after the FY 2018/19 Budget was prepared (August 27, 2018) this account along with the 2012 (A) Loan Debt Service Fund (250) and the 2012 (B) Loan Debt Service Fund (290) will need to be amended during the FY 2018/19 Mid-Year Budget Amendment as well. 2012(A) LOAN DEBT SERVICE FUND (250) Revenues and Expenditures—a net increase of$8,600, respectively To recognize the Transfer In from the General Fund of$8,600 and to appropriate the additional interest ($8,600) that was that was payable on August 1, 2018. 2012 (B) LOAN DEBT SERVICE FUND (290) Revenues and Expenditures—a net increase of$9,700, respectively To recognize the Transfer In from the Charter School Fund of $9,700 and to appropriate the additional interest($9,700) that was payable on August 1, 2018. Police Offdutv Services Fund - (620) - ($30,000 net increase) 1420- Extra Duty Detail Requires a $30,000 budget amendment due to higher than anticipated Extra Duty Details that will be offset by $30,000 in additional Police Detail Billing (3421100). The budget amendments outlined above, are expected to have little to no impact on the FY 2017/18 overall budget or carryover amount that was utilized in the preparation of the FY 2018/19 budget. Based on this analysis, I recommend approval of the attached Ordinance. 3 ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2017/2018 FISCAL YEAR BY REVISING THE 2017/2018 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2017/2018 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2017-10, which Ordinance adopted a budget for the 2017/2018 fiscal year, by revising the 2017/2018 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2019- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2017. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2019- PASSED on first reading this 13th day of November, 2018. PASSED AND ADOPTED on second reading this 8th day of January, 2019. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA GENERAL FUND 001 FY 2017/18 BUDGET AMENDMENT REVENUES OBJEin 2017/18 2017/18 2017/18 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET 3141000 Utility Tax-Electric $ 4,540,000 $ 260,000 $ 4,800,000 3149000 Unified Communications Tax 1,850,000 58,600 1,908,600 3221000 Building Permits 2,250,000 2,500,000 4,750,000 Total Revenue $ 8,640,000 $ 2,818,600 $ 11,577,600 TOTAL AMENDMENTS-REVENUE $ 2,818,600 EXPENDITURES OBJECT 2017/18 2017/18 2017/18 CODE ADOPTED AMENDED REVISED Ili NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET OFFICE OF THE CITY MANAGER(0501) PERSONAL SERVICES 1201 Employee Salaries $ 425,764 $ 145,000 $ 570,764 Total City Manager $ 425,764 $ 145,000 $ 570,764 COMMUNITY DEVELOPMENT(4001) CONTRACTUAL SERVICES 3101 Building Inspection Services $ 1,500,000 S 2,500,000 $ 4,000,000 Total Community Development $ 1,500,000 $ 2,500,000 $ 4,000,000 PUBLIC WORKS/TRANSPORTATION(5401) OTHER CHARGES&SERVICES 4320 Utilities-Water $ 205,000 S 165,000 $ 370,000 Total Public Works/Transportation $ 205,000 S 165,000 $ 370,000 NON-DEPARTMENTAL(9001) 9125 Transfer to Debt Service Fund-2012(A) $ 352,228 5 8,600 $ 360,828 Total Non-Departmental $ 352,228 $ 8,600 $ 360,828 TOTAL AMENDMENTS-EXPENDITURES S 2,818,600 CITY OF AVENTURA 2012(A)LOAN DEBT SERVICE FUND(250) FY 2017/18 BUDGET AMENDMENT OBJECT 2017/18 2017/18 2017/18 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET Transfer/Debt Proceeds 3811001 Transfer from General Fund $ 352,228 $ 8,600 $ 360,828 Total Revenue $ 352,228 5 8,600 $ 360,828 TOTAL AMENDMENTS-REVENUE $ 8,600 DEBT SERVICE Non-Departmental-9001-590 7230 Interest $ 68,668 $ 8,600 $ 77,268 Total Expenditures $ 68,668 $ 8,600 $ 77,268 TOTAL AMENDMENTS-EXPENDITURES $ 8,600 CITY OF AVENTURA 2012(B)LOAN DEBT SERVICE FUND(290) FY 2017/18 BUDGET AMENDMENT OBJECT 2017/18 2017/18 2017/18 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET Transfer/Debt Proceeds 3811901 Transfer from Charter School Fund $ 393,070 $ 9,700 $ 402,770 Total Revenue $ 393,070 $ 9,700 $ 402,770 TOTAL AMENDMENTS-REVENUE $ 9,700 DEBT SERVICE Non-Departmental-9001-590 7230 Interest $ 76,630 $ 9,700 $ 86,330 Total Expenditures $ 76,630 $ 9,700 $ 86,330 TOTAL AMENDMENTS-EXPENDITURES $ 9,700 CITY OF AVENTURA POLICE OFFDUTY SERVICES FUND 620 FY 2017/18 BUDGET AMENDMENT REVENUES OBJECT 2017/18 2017/18 2017/18 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET Charges for Services 3421100 Police Detail Billing $ 400,000 $ 30,000 $ 430,000 Total Revenue S 400,000 $ 30,000 $ 430,000 TOTAL AMENDMENTS-REVENUE $ 30,000 EXPENDITURES OBJECT 2017/18 2017/18 2017/18 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET PERSONAL SERVICES Public Safety 1420 Extra Duty Detail $ 400,000 $ 30,000 $ 430,000 Total Expenditures $ _ 400,000 $ 30,000 $ 430,000 TOTAL AMENDMENTS-EXPENDITURES $ 30,000