Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
04-02-2019 Regular Commission Meeting Agenda
City Manager City Commission Ronald J.Wasson ]Enid Weisman,Mayor Dr.Linda Marks,Vice Mayor City Clerk Denise Landman,Commissioner ]Elllisa L.Horvath,MMC Gladys Mezrahi,Commissioner i Marc Narotsky,Commissioner City Attorney Robert Shelley,Commissioner G_ Weiss Scrota Helfman Howard Weinberg,Commissioner e�✓ G ,.nQ,� Cole&Bierman CITY COMMISSION MEETING AGENDA April 2, 2019 Following the 6:00 p.m. Local Planning Agency Meeting Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Employee Service Awards • School Reports 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • March 12, 2019 Regular Commission Meeting • March 21 , 2019 Regular Commission Workshop Meeting • March 21 , 2019 Special Commission 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. C. MOTION TO APPROVE REQUEST OF FOOD OF ALL NATIONS INC. DBA SARAH'S TENT FOR EXTENSION OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2018-38 FOR AN ADDITIONAL SIX MONTH PERIOD FROM APRIL 3,2019 TO OCTOBER 3,2019. Aventura City Commission Meeting Agenda April 2, 2019 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. E. CITY COMMISSION,IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN MANAGEMENT AGREEMENT FOR THE DON SOFFER AVENTURA HIGH SCHOOL BETWEEN CHARTER SCHOOLS USA AT AVENTURA, LLC AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE AVENTURA MEDICAL TOWER AT 2801 NE 213 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO ADD REGULATION FOR ALTERATION OR ENLARGEMENT OF LAWFULLY NONCONFORMING ASSISTED LIVING FACILITY (ALF) USES OR STRUCTURES; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES—SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING ARTICLE IX, "SIGN REGULATIONS," OF CHAPTER 31, "LAND DEVELOPMENT, REGULATIONS" OF THE CITY CODE TO ADD A DEFINITION OF AND REGULATION FOR TEMPORARY GRAPHIC WRAPS ON CONSTRUCTION FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,CREATING DIVISION 8 "DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2-218 "CREATION AND QUALIFICATIONS," SECTION 2-219 "PROCESS FOR APPOINTMENT OF BOARD MEMBERS," SECTION 2-220 "JURISDICTION, DUTIES AND MEETINGS," SECTION 2-221 Page 2 of 3 Aventura City Commission Meeting Agenda April 2, 2019 "RULES OF PROCEDURE; QUORUM," AND SECTION 2-222 "STANDARDS OF CONDUCT FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 10, ENTITLED "ANIMALS," OF THE CITY CODE BY AMENDING SECTION 10-1,ENTITLED "REMOVAL OF CANINE FECAL MATTER; CANINES TO BE LEASHED"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE 2018/2019 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. RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH ADOPTED A FEE SCHEDULE FOR BUILDING PERMITS AND WHICH RESOLUTION WAS AMENDED BY RESOLUTION NO.98- 28, BY RESOLUTION NO. 2000-24 AND RESOLUTION NO. 2009-45; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS* *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. COMMISSION MEETING/REGULAR COMMISSION WORKSHOP—APRIL 11,2019 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION MEETING—MAY 7,2019 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—MAY 16,2019 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,305-466-8901,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. Page 3 of 3 ThCit, ®f CITY COMMISSION Aventura Government Center �y y REGULAR MEETING MINUTES 19200 W.Country Club Drive entura MARCH 12, 2019 Aventura, Florida 33180 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:07 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Denise Landman, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, 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 previously done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Presentation of American Public Works Association Accreditation Plaque: Mr. Wasson explained the accreditation received by the City's Public Works Department and Doug Layton, The American Public Works Association, presented the City with the APWA Accreditation plaque. Joseph Kroll, Public Works & Transportation Director, and members of his staff were recognized for their work on achieving the accreditation status for the City. • School Reports: Anya Malek provided an update for ACES. 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 Vice Mayor Dr. Marks, seconded by Commissioner Mezrahi, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • February 7, 2019 Commission Regular Meeting • February 21 , 2019 Commission Regular Workshop Meeting B. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $61,081.37 FOR SECURITY UPGRADES TO THE DON SOFFER AVENTURA HIGH SCHOOL FROM THE POLICE FEDERAL FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. Aventura City Commission Regular Meeting Minutes March 12, 2019 C. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO S12,000 FOR PUBLIC SECURITY ENHANCEMENTS TO THE GOVERNMENT CENTER FIRST FLOOR LOBBY FROM THE POLICE FEDERAL FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Resolution No. 2019-15 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 COMMUNITY SERVICES ADVISORY BOARD FOR A ONE- YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. E. Motion approved as follows: MOTION TO ACCEPT FOR FILING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2018 AND THE LETTER DATED MARCH 5, 2019 ATTACHED HERETO AS ATTACHMENT A. F. Resolution No. 2019-16 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE EASEMENT TO FLORIDA POWER AND LIGHT ON THE DON SOFFER AVENTURA HIGH SCHOOL SITE; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2019-17 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER "B" FOR THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES WITH A GUARANTEED MAXIMUM PRICE WITH KAUFMAN LYNN CONSTRUCTION FOR THE AVENTURA CHARTER HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title and incorporated the staff report and comments provided at the March 12, 2019 Local Planning Agency Meeting into the record by reference: Page 2 of 5 Aventura City Commission Regular Meeting Minutes March 12, 2019 A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE IX, "SIGN REGULATIONS," OF CHAPTER 31, "LAND DEVELOPMENT, REGULATIONS" OF THE CITY CODE TO ADD A DEFINITION OF AND REGULATION FOR TEMPORARY GRAPHIC WRAPS ON CONSTRUCTION FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Narotsky and seconded by Commissioner Shelley. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. Mr. Wolpin read the following Ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING DIVISION 8 "DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2-218 "CREATION AND QUALIFICATIONS," SECTION 2-219 "PROCESS FOR APPOINTMENT OF BOARD MEMBERS," SECTION 2-220 "JURISDICTION, DUTIES AND MEETINGS," SECTION 2-221 "RULES OF PROCEDURE; QUORUM," AND SECTION 2-222 "STANDARDS OF CONDUCT FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Vice Mayor Dr. Marks and seconded by Commissioner Mezrahi. Mr. Wasson reviewed the item and explained the application and appointments process, as well as the duties of the Board. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. Mr. Wolpin read the following Ordinance by title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 10, ENTITLED "ANIMALS," OF THE CITY CODE BY AMENDING SECTION 10-1, ENTITLED "REMOVAL OF CANINE FECAL MATTER; CANINES TO BE LEASHED"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE Page 3 of 5 Aventura City Commission Regular Meeting Minutes March 12, 2019 A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson reviewed the item, which provided for increased fines for non-removal of canine fecal matter. Mayor Weisman opened the public hearing. The following members of the public provided comments: Hiram Kirson (3640 Yacht Club Drive, Aventura). There being no additional speakers, the public hearing was closed. The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. Mr. Wolpin read the following Ordinance by title: D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE 2018/2019 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. A motion for approval of the ordinance was offered by Commissioner Landman and seconded by Commissioner Mezrahi. Mr. Wasson reviewed the item. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY CODE BY CREATING SECTION 1-18, "SALE OF NICOTINE VAPORIZERS (E-CIGARETTES) AND LIQUID NICOTINE TO MINORS PROHIBITED; SIGNAGE REQUIREMENTS; POSSESSION BY MINORS PROHIBITED; PENALTIES" AND SECTION 1-19 "USE OF NICOTINE VAPORIZERS AND LIQUID NICOTINE PROHIBITED NEAR CITY PARKS AND PUBLIC SCHOOLS; SIGNAGE REQUIREMENTS; ADDITIONAL RESTRICTIONS; PENALTIES"; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR REPEAL; Page 4 of 5 Aventura City Commission Regular Meeting Minutes March 12, 2019 PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2019-02 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: Commissioner Mezrahi provided an update on the situation in Venezuela and urged the Commission to adopt a resolution supporting the Venezuelan community. Vice Mayor Dr. Marks complimented the Police Department on the success of their annual bike event. Mayor Weisman reported that the Florida Legislature was in session in Tallahassee and urged residents to follow the items being considered. 11. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. The following members of the public provided comments: Carmen Gimenez, Daniel Naim (20865 NE 32nd Avenue, Aventura), Pedro Villareal (19508 E. Country Club Drive, Aventura), Gustavo Acosta (Aventura), and Michael Hoffman, Esq. on behalf of the Benichou Family (3801 NE 207 " Street #603). Mayor Weisman announced that a Special Commission Meeting would be held on March 21, 2019 for the Commission to consider a resolution supporting Venezuela. 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 Vice Mayor Dr. Marks, and unanimously approved; thus adjourning the meeting at 6:58 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 2, 2019. Page 5 of 5 The Qty of CITY COMMISSION y �ea� WORKSHOP MEETING MINUTES Aventura Government Center �Y ����Jl c�,L MARCH 21, 2019 19200 W.Country Club Drive Aventura, Florida 33180 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 Dr. Linda Marks, Commissioner Denise Landman, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. DISCUSSION OF PROPOSED RESOLUTION SUPPORTING THE NEWLY RECOGNIZED PRESIDENT OF VENEZUELA (Commissioner Mezrahi): Commissioner Mezrahi requested that the Commission consider adopting a resolution supporting Venezuela. The Commission reviewed the resolution provided in the agenda and provided direction for amendments. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution, with the following amendments as discussed: remove references to an interim president's name and provide support of a democratic process and humanitarian aid. 3. DISCUSSION OF "DREAMING TREE" PILOT PROJECT AT FOUNDERS PARK (City Manager): Mr. Wasson provided introductory remarks and Community Services Director Kimberly Merchant explained the proposed pilot program for a "Dreaming Tree" at Founders Park. As indicated in the agenda memorandum, the Community Services Advisory Board provided a recommendation for the pilot program. Mrs. Merchant reported that Luke's Landscaping would donate a tree for the program, if consensus was received to proceed. City Manager Summary: It was the consensus of the City Commission to proceed with the pilot program for a "Dreaming Tree" at Founders Park as discussed, to be re-evaluated in six months. 4. PROPOSED MANAGEMENT AGREEMENT WITH CHARTER SCHOOLS USA FOR DON SOFFER AVENTURA HIGH SCHOOL (Eric M. Soroka — CMCS Consulting Services LLC): Mr. Wasson provided introductory remarks and Mr. Soroka reviewed the proposed Management Agreement, as provided in the agenda. John Hage, Charter Schools USA, provided comments on the agreement and also provided input on Commission discussion regarding the lack of shared referendum money, as it related to charter schools. City Manager Summary: It was the consensus of the City Commission to proceed with placing a resolution on the April Commission Meeting Agenda, with the following revisions as discussed: Section 5.1.1 — replace the word "City" with the word "State," Section 5.2.11 .3 - correct "ACES" to read "High School," and Section 9.1 - correct wording from "two hundred dollars" to read "two hundred thousand dollars." Aventura City Commission Regular Workshop Meeting Minutes— March 21, 2019 5. TRANSPORTATION POLICY FOR DON SOFFER AVENTURA HIGH SCHOOL (City Manager): Mr. Wasson distributed and reviewed information on transportation including the following: traffic survey for 213th Street, 213th Street hourly vehicle count, ACES private bus service, and students within the two-mile radius to the high school. Mr. Soroka provided a map showing the location and number of students within and beyond the two-mile radius. The Commission discussed the information provided, as well as the cost for providing additional buses, process for the City to charge for busing, and transportation provisions at ACES. City Manager Summary: It was the consensus of the City Commission not to provide busing for students within the two-mile radius for the upcoming school year and to monitor for discussion the following year. Additionally, for Mr. Wasson to research options for student parking in the future. The following additional items were discussed: Commissioner Mezrahi discussed an internship available through Sheba Hospital in Israel for 11th and 12th graders. It was the consensus of the Commission for that decision to be made by the High School Principal and not the City Commission. Commissioner Mezrahi will provide information to Mr. Wasson to relay to the High School Principal. Commissioner Landman reported that she would be attending the NALEO Conference in Miami in June. She will provide the program information to Mr. Wasson to distribute to members of the Commission who may want to attend. In response to the prior discussion under item 4, and following discussion regarding the City receiving its fair share of referendum dollars for charter schools within the City, it was the consensus of the City Commission for Mr. Wolpin to research the options the City has regarding legal action against the County and report back. The following items were requested for the next workshop meeting: a representative from the U.S. Census Bureau to provide information on the next census, a representative from the County to discuss the traffic light signalization within the City, and to provide a report from the Finance Department regarding available investment alternatives. Mr. Wasson reported that a table was purchased for the Citizens Interested in Arts 2019 Champion of the Arts Award Gala honoring Mayor Weisman on April 7, 2019, at Turnberry Isle Resort. Following discussion regarding seating on the dais in the Commission Chamber, it was the consensus of the Commission for the Vice Mayor to be seated next to the Mayor and to authorize the City Manager to determine seating for the rest of the Commission. 6. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:29 a.m. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—March 21, 2019 Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 2, 2019. Page 3 of 3 The City of CITY COMMISSION Aventura Government Center `(y����TMea� SPECIAL MEETING MINUTES MARCH 21, 2019 19200 W. Country Club Drive �YJl CGL Aventura. Florida 33180 , Following the 9:00 A.M. Commission Workshop 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 11:29 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Denise Landman, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. RESOLUTION: The updated version of the proposed resolution, including the revisions provided at the March 21, 2019 Commission Workshop Meeting, was distributed and read by title by Mr. Wolpin as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DENOUNCING THE HUMANITARIAN CRISIS UNDER VENEZUELA'S DICTATOR NICOLAS MADURO; SUPPORTING A RECOGNITION OF DEMOCRACY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the revised resolution as presented was offered by Commissioner Landman and seconded by Commissioner Mezrahi. Mr. Wolpin reviewed the resolution. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote, and Resolution No. 2019-18 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 Commission Narotsky, and unanimously approved; thus adjourning the meeting at 11:35 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on April 2, 2019. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Ma .9- ' ' DATE: March 18, 2019 SUBJECT: Resolution Declaring Equipment Surplus April 2, 2019 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CC01793-19 RESOLUTION NO. 2019- 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 Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley _ Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Resolution No. 2019-_ PASSED AND ADOPTED this 2nd day of April, 2019. 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: Ronald J. Wasson, City Manager FROM: Bryan Pegues, Chief of Police SUBJECT: Surplus Property DATE: March 18, 2019 I would like to have the listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items are no longer functioning properly and have become inadequate for public purposes: 1. Vermac Road Side Safety Message Display Board- Model Number PCMS-548-serial number 07-017709 2. Vermac Road Side Safety Message Display Board- Model Number PCMS-548-serial number 03-011187RS 3. Vermac Road Side Safety Message Display Board- Model Number PCMS-548-serial number 04-10267RS 4. Vermac Roadside Safety Message Display Board-Model Number PCMS-548-Serial Number 12-00029636 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission / FROM: Ronald J. Wasson 4 City Manager BY: Joanne Carr, AICD Community Development Director DATE: March 28, 2019 SUBJECT: Request of Food of all Nations Inc. dba Sarah's Tent for extension of Conditional Use Approval granted through Resolution No. 2018-38 for establishment of a kosher liquor package store within the commercial plaza tenant space at Suite A-1, 3565 NE 207 Street, City of Aventura (01- CU-18 EXT) April 2, 2019 City Commission Meeting Agenda Item 57.. RECOMMENDATION It is recommended that the City Commission approve, by motion, the request for extension of the approvals granted through Resolution No. 2018-38 for an additional six month period, from April 3, 2019 to October 3, 2019. THE REQUEST The applicant, Food of all Nations Inc. dba Sarah's Tent, is requesting a six month extension of the conditional use approval granted through Resolution No. 2018-38 passed on April 3, 2019. The conditional use approval permitted establishment of a kosher liquor store within the commercial plaza tenant space at Suite A-1, 3565 NE 207 Street, City of Aventura. The applicant's extension request is attached as Exhibit #1 to this staff report. Resolution No. 2018-38 is attached as Exhibit#2 to this staff report. BACKGROUND Section 31-73(e)(2) of the City's Land Development Regulations provides that: "Unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain a building permit for the proposed development within 12 months after the date of the approved resolution. An applicant who has obtained conditional use approval may request an extension of time period by filing within the 12 month period, a letter stating the reasons for the request. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant". The applicant was granted approval of the conditional use by Resolution No. 2018-38 passed on April 3, 2018. The above code section provides that the approvals are void if a building permit is not obtained on or before April 3, 2019. A building permit has not been issued by the City to date. The applicant has advised that it has experienced delays in the permitting process due to unexpected extent of demolition within the tenant space to accommodate the liquor store. Pursuant to the above code sections, the applicant is requesting a six month extension of time in which to obtain the building permit. In staffs opinion, the applicant has shown good cause in obtaining permits. It is therefore recommended that a six month extension of the conditional use approval be granted. 2 } _ quicIrER r w'- N A N 6TENT KOSHER GOURMET FOOD MARKET Ms. Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 March 8, 2019 Sarah's Tent - Extension of Condition Use Dear Ms. Carr, On April 3, 2018, a resolution was passed granting Sarah's Tent the right to place a liquor store next to our current grocery store location. The Conditional Use was approved on the condition that the use be established within 12 months of the approved resolution (in other words, by April 3, 2019). Please be advised that we are unable to meet the April 3, 2019 deadline due to the delay in permit approvals (changes made) and the extent of demolition is very sensitive. At this time, I would like to request an extension of the Conditional Use approval so as to give us enough time to finish construction of the liquor store. Your attention and assistance to this matter will be greatly appreciated. Thank you for your co-operation, as I looking forward to your response. Sincere , Er - Assulin Manager P: (305) 933-2888 F: 933-2876 3565 NE 207TH ST, AVENTURA, FL 33180 FOODOFALLNATIONS@(305) 93 L.COM W W W.SARAHSTEN T KOSHERMARKE T COM RESOLUTION NO. 2018-38 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A KOSHER LIQUOR PACKAGE STORE LOCATED IN THE COMMERCIAL PLAZA TENANT SPACE AT SUITE A-1, 3565 NE 207 STREET, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned 82, Community Business District; and WHEREAS, the applicant, Foods of all Nations, doing business as Sarah's Tent, through Application No. 01-CU-18 is requesting conditional use approval to permit the establishment of a 450 square foot, more or less, kosher liquor package store in the commercial plaza tenant space at Suite A-1, 3565 NE 207 Street, City of Aventura. notwithstanding the spacing and distance requirements of Chapter 4, Section 4-2(a) and (b) of the City Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application, subject to conditions, meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the establishment of a kosher liquor package store in the commercial plaza tenant space at Suite A-1, 3565 Exhibit #2 01-CU-18 C itc of.Aventura Resolution No. 2018-38 NE 207 Street. City of Aventura, located in the B2 zoning district, is hereby granted, subject to the conditions set out in this Resolution, on property legally described as a Tract F. The Waterways Section 2, according to the Plat thereof recorded in Plat Book 122, Page 87, of the Public Records of Miami Dade County, Florida. City of Aventura. Section 2. Approval of the request above is subject to the following conditions: 1. This approval shall be granted exclusively to Foods of all Nations Inc. dba Sarah's Tent in the commercial plaza tenant space at Suite A-1, 3565 NE 207 Street, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The applicant shall obtain a State of Florida liquor license for package sales only with no sales by the drink or consumption on premises permitted. 4. The applicant shall provide responsible vendor training programs for its associates. 5. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3 of the City Code, namely, between the hours of 8 a.m. and 10 p.m., except for sales on Christmas Eve and New Year's Eve when sales are permitted until 12 midnight. 6. The applicant shall implement the security measures outlined in its Supplemental Letter of Intent dated March 23, 2018. 7. The liquor package store shall be operated in conjunction with the adjacent grocery store. This conditional use approval shall terminate in the event the grocery store use is terminated. 8. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and/or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Manager's observation. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Paee 2 of 4 (it). of Aventura Resolution No. 2018-38 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 Vice Mayor Shelley, who moved its adoption. The motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Howard Weinberg Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes PASSED AND ADOPTED this 3f° day of April, 2018. Nue 3 of 4 Cit, of Aventura Rcsolul ion No. 2018-38 ENID WEISMAN. MAYOR (94 5t4 ATTEST: ELLISA L. HORVATH,$4 4e CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this ? Y: day of417/1112018. CITY CLERK Page 4 of 4 APPLICANT REPRESENTATIVE AFFIDAVIT .10 Pursuant w Section 31-71(bA2M)el me CITY a Arenlura lard Dedmmem Cote.this Ann canm Representative Affidavit hefty madeam stbminect Re sppn ate undersigned e oaTN.the d��resplafnsd to NivNum o nety alpNmg for be DenlpnaPermit. is nl PMich 4mttelIn me areanpnymg yye1Y s.+4 ect bine applrMun 1d 4Xaent)hereby his and ids ess Spartans s represmhlq the IMrdual wetly wan ba the n9rfbpnenl Penni'in connection MT the application.aa hYbes. y Name Relationship ate.Newnan A¢haacm Limaaa** 1/ �lie t� , t/rtb'- e, aceaeas Esg.ears,Labb aw,Err) 0 k[ % ei --- (Mach Additional Steels II Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAMT SHALL BE BINDING UPON THE MIDIVIDNAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31.71(q(7dgYl OF THE DINS IMO DEVELOPMENT REGULATIONS IN THE CITY CODE.W THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLCAOON BY THE CITY BOARD OR COIMONSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES WCO,R INCOMPLETE. WITNESS MY MOT I5t DAY OF _1 /cwcj, .201q /. AUTHORIZED RE^E N •OVE OF APPLICANT OWNER BY- iai Name_ Ronan -. /!^ ---..7-47. am /7- J..../ "�Yr J/ Tine: !Mint/ TI : �%l4 rs.i fare," Address 3 Y'iS ,Gi f c.7 S4 E! Address. ti-Et Zv7J C' ?- . 19./venf'Fq 9-133e0 4 `i3// !Y STATE OF FLORIDA ) COUNTY OF MIMI-DADE) C Bebe me the undersOMM aulho personally appeared L 11If G It �II I I as the a ApyscMU ardor the owner d the pmperN YNb)51 b Ilse or alarm NM NNW COWS!lit ANdM b thetII Ue adatct. Nal by me tluN swp or alarm that heist* purposes aline therein and that it N bud and coned. (L 1_, AFFWR I& WORN TO AND SUBSCRIBED BEFORE ME Nrt_day of L\µM vt }] ELIZABETH MATOS-POUT 4olayPuMmSlap ofSlae ofFl• 1 4483 i_=,'.�'••o et"' Nal Publk-State el Fbrlda Foaled NaredNgay A( "�1 ^s h iN`�/¢Pa Cometleebnrff9WA21 PY mrxnisaipn exphes. ..P.� IY.Y sn;f wit i 2N) C I , �- ssa My Germ.Expires Jul 15,2019 a I Y $ O MurLVAA-ORaf T�, BUSINESS RELATIONSHIP AFFIDAVIT' 40 ins AwC?..is made pursuant to Scum 31-71(b)(2)(11)of the CM of Aianora Lade Deelopment Code The undersigned Alia.hereby&closes that Imo...MY appticaNe oMpns only) 'XI Mani aces not have a Simms Relationship with any member al the City Caartsun or any CM Aansay Board to whet me application wP be presented A2. ABant hereby,idoses Mel a Ooes t,ale a Suvnss R9laMmhipwlh a member of the City Commsson or a Cita Advsay BUN to which da epplicalion will be presentee,as(Duos: __- (Last name d Commissioner a Adeory Board Member) who sena m to (List Cl,Cammissian ot Cl,Morey Board upon which mane serves). The name al led Saimaa RtMionshpis as dbwa'. 1 I1. hmrrnba of City Commission or Bone holds an emership interest in aces of 1%of iota assets orcoital stodt W Appica1 a Reoeanauw. • 11 ii Member of Cary Commission a BUN is a pane.mahaehaaer(a M shares of a anortbn wilt as 001 ' listed an any national or ret aka achayle)a pin veMsa with the App4Unt or Representative in any business venture: Ilii. The Applicant a RemesaaWa is a Ceeni of a member of the Gly Carnmuaion or Board or a Client boder professional waMg from the same cilia or for are sate employer n I e member Of the City Commission a Mara. 1 1 M A City Caamsionaor Baena mamba is a Cont d ted Applicant or Rewesenauve. A I Ir. The Applicant or Representative e a Culane of the meteor d the Cry Cannassm or Bead(or d Ms a her employe)ad namat more Man$10.000.00 clan business dine amber al MOAN Commission or Bawd(a hs or ha arpbya)in a pawn catabar year, I I ani The member at be fly Commission or Board is a Customer d Me Aapiiant or Representative erg vasal mare Thar 925.000.00 of he business of the Applicant or Repreamttwa agiven CaleNir yaa. WITNESS MY A m is 1 DAY OF 7�'�Qy C201-1 "atl'�.w; APPLICANT -. -rtY. fi• - el 'w ELIZABETH MATOS.FOLIT . Notary Public stated 1 1 n r l:��I PM*y ?e.•� - CpmMaalon re FF 900421 ,fat MyCemm Expires Jul1E ?CIS j- WRNESSMY.ANDTHIS * DAY OF t 41 Xi QyGk _ 204(1 •,,,,,,r,en „>/�// l l/%/ Name' /r—a (Sinus& ) Tice. . SY�attlfa,7w/n!/!f • :.. 'Re avms &nares RelMnsshi. Doe''Customaer,' 'AM✓✓ae 'RepreseaaVive'and 7mwes4ed Avsmi we Paned Seaton 7795 dude A W wrea Cony Code. Slice. or, riawDA- (Mnck o{- !a taxi,-Q 010 1`3ecr.R rm. -Ccs 8 1)Aedk t; ( M-Oki it 9 )., , dt i-tl j 44,...rt,), Pp\ -31.st,:, sOP STACY OShOLyM ''� * Notay Ndk-aaedFiana ,� _ , `t. contagion MEspheswrll.2on ^..': emarewwd�aw.arwnnaw. • NOTARIZATON PROVISION STATE OF RONDA I COUNTY Cr MNM-OADE) • !E. '11 Bewemq me ant*ad Nae*.pmaamy Mtemn 4\\5u1\`!WLI1✓M.tamp .tang first by me dun car,did Waw a alkm eagle wSdIm Akan N the pq}Ws sated Omar and Mgt Y tbe and anal t,,{ llp TL _ c AFFIA smN 0 A a_ S Ld Q/ p*-' bq ELIZABETH MAIDS-PILL t Ain Mcgut1 Henn; Comn b c•Stale .....Flo tl M a>me FYeY %111} CemMsabn N Ff 900421 R' • s• a• e' My Comm Expires jLI!I 2C 9 `wyommssnwam Finny al ay I ?fZl2j Frail oFF COUNTY OF M teDADEl /�\] &40 Mae a W aMe4 mamma.%'aangy Opened �_V'A may sworn,6e ma a stern WY gent sauna M Arden la Pe perm slaw)bran ad mat Dm mend W � I P .�l�. J}rye rQAFFIP. SwOL4!DAla)SaLiB pyes melNrP .11am1,OaFJf A_ ,..Opp, so" Tkihr, Wary Public-State of Florida t `. aniytione OT1356 CG 11,1On `,.�� (a �.:•' MN CaAp mnnr®seapY:_. COUNTY FLORIDA ) COUNTY of MWIMOEI Bebe me.Bre anengrm*oblong.pena1fW etgeeed _ _ _me Ahem,ono mg Fat by me My swore tic see er am ala halts anneal this Arden)ta In prpY,yaw Emla eft INA es he TE Forted PFFIWr — SKIM TOAND SUBSCRIBE-abeam melln[_ day of _iW_ • Mani Plan SOY elf Node Mla9e Penal lanai INOrm MlwivY{YnmiprK LCAIDA GOWN F1/0•UT I caalrvawpBfloDEt Bate pe me UNe&ned sifNBy,4na,Yy appere0._ _ _ me Mont me be Ml by me Ouy wan did e.at a sant Our Nate monad Ni ASS lx Me pawn need Lwin ad Walt ie pus mm COMM AFMAM SWORN TO A40 SUBSCRIBED e0Ye me Nig ._DM'd Xdry Ptak Sale animas lege PNWAaN0NOWy MY wnlWtowag CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: March 15, 2019 SUBJECT: Recommendation to Reappoint Members to the Police Pension Board of Trustees April 2, 2019 City Commission Meeting Agenda Item SD RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution reappointing Billy Joel and Alan Greenfield as members of the Police Pension Board of Trustees. BACKGROUND The Police Pension Plan Ordinance provides for the City Commission to appoint two (2) legal residents of the City from a list provided by the City Manager to the Police Pension Board of Trustees. Based on the strong and positive working relationship developed, it is recommended Billy Joel and Alan Greenfield be reappointed to the Board. If you have any questions, please feel free to contact me. RJW/act Attachment CC01792-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2004-07 established a Police Officers' Retirement Plan; and WHEREAS, in accordance with the provisions of Ordinance No. 2004-07, and amended by Ordinance 2010-07, two members of the Board of Trustees of the Police Officers' Retirement Plan shall be appointed by the City Commission from a list provided by the City Manager, each of whom shall serve for a term of four years from date of appointment; and WHEREAS, the City Commission wishes to provide for the reappointment of its two members to the Police Officers' Retirement Plan due to the expiration of their current terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby reappoints Billy Joel and Alan Greenfield to serve as its appointees to the Board of Trustees of the City of Aventura Police Officers' Retirement Plan, each for a four-year term from the date of adoption of this resolution. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 2nd day of April, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CMCS Consulting Services MEMORANDUM TO: City Commission Ronald J. Wasson, City Manager FROM: Eric M. Soroka, CMCS Consulting Servi? DATE: March 22, 2019 SUBJECT: Proposed Management Agreement Between Charter Schools USA, at Aventura LLC. and the City for the Don Soffer Aventura High School April 2, 2019 City Commission Meeting Agenda Item BACKGROUND The Planning Agreement that the City and Charter Schools USA ("CSUSA") entered into for the design and development of the Don Soffer Aventura High School expires on June 30, 2019. If both parties agreed, the Planning Agreement was to be replaced with a Management Agreement ("Agreement") to provide those services necessary to organize, manage, staff, operate and maintain the High School. In accordance with my Consulting Contract, the attached Agreement has been negotiated on behalf of the City with CSUSA to be effective July 1, 2019. It is an extensive Agreement that incorporates the requirements of the Charter Contract with the Miami-Dade School Board and the responsibilities of both the City and CSUSA. The Agreement has been reviewed by City staff and the City Attorney. The Agreement has been updated to include the revisions discussed at the March 21, 2019 Commission Workshop Meeting. The major points of the Agreement are as follows: 1. Services to be provided by CSUSA: a. Education Management that reflects the CITYs desire for a rigorous, college preparatory school with multiple academy offerings, innovative instructional methods, and a facility design that contemplates an open, flexible learning environment to facilitate the digital native learning styles of 21st century students. b. Pre-opening Facilities Planning and Development to ensure that the design and function meet the specifications for CSUSA's educational program. CSUSA will be responsible for purchasing all furniture, fixtures, equipment, books, technology devices and supplies. c. Contract Administration including cafeteria management, janitorial services, building maintenance and transportation services. d. Management Information Systems including the design, purchase and installation of an MIS system consistent with the Charter High School's purpose and goals. 1 e. Book and Supplies including all instructional licenses to facilitate digital learning. f. Cafeteria Management and Food Services. g. School Uniform Procurement. h. Transportation in accordance with polices adopted by the Governing Board. i. Public Relations, Fund Raising Activities, Legal and Legislative Lobbying Services in accordance with polices adopted by the Governing Board. j. Personnel Administration including recruiting and employing all staff to operate the school in accordance with the approved Budget. In order to attract and compensate teachers and administrators necessary to achieve the performance criteria set forth in the Agreement, teacher/employee pay plans shall be jointly developed by the CITY and CSUSA. In the event the Agreement is terminated all employment agreements are to be assigned to the City. k. Payroll Administration I. Student Recruitment, Registration and Enrollment including the lottery process. m. Budget including preparation and submission of the annual proposal to the City Manager and Governing Board. n. Grants, Audits, Accounting & Financial Reporting o. Facility Maintenance 2. Requires monthly written reports and financial statements. 3. The term of the Agreement is consistent with the existing Charter, unless terminated earlier pursuant to the provisions of the Agreement, subject to any further obligations (including payment obligations) of the parties that survive termination. The Agreement is automatically extended through the term consistent with the then current Charter provided performance standards are satisfied. Upon the 5'h year anniversary and every five years thereafter the parties shall jointly conduct an administrative review with the City Manager. Such review shall include a review of the objective academic results, financial annual audit performance, charter contract compliance, as well as any health, welfare and safety concerns. 4. The Management Fee is equal to $450 per enrolled student. As a comparison, ACES pays a fee of $300 per student with the City performing most of the services that CSUSA will be providing at the High School. Typically, charter school management companies charge between 10% to 15% of the FTE (per student revenue) and capital revenues. In the first year of operations, the fee would be $90,000 under the proposed Agreement. Using the 10% as a comparison, the fee would be $144,000. Beginning at the start of second year of this Agreement the Management Fee shall be increased or decreased each year by the percentage amount that the State FTE revenue increases or decreases the preceding year. When the school is at full capacity in year four, the fee would be $360,000 per year. Using the 10% as a comparison, the fee would be $631,000. Based on the financial commitment that the City has made in terms of funding the construction costs and the anticipated operating subsidies in the first 3 years, as well as CSUSA commitment to the success of the school, they agreed to the lower rate. 2 Beginning in the fourth year and every year thereafter of the Agreement, CSUSA shall also be entitled to an Incentive Fee equal to $150.00 per enrolled student provided performance measures are met and the City subsidy to the school budget is less than Two Hundred Thousand Dollars ($200,000). The performance measures shall be mutually developed by both parties in the third year of operations and included as an amendment to this Agreement. The Incentive Fee shall be paid annually in June of each year beginning in the fourth year of the operations of the school. 5. This Agreement may be terminated by the parties as follows: a. Termination with Cause or for Nonperformance. Upon the occurrence of an Event of Default, the defaulting party shall have an opportunity to cure the alleged default in 30 days from any notice of default. Thereafter, the non- defaulting party shall be entitled to terminate this Agreement with cause or for nonperformance (hereinafter referred to as "Termination with Cause"), prior to the end of the term, with ten (10) days prior written notice. If the grounds of termination relate to the serious health, safety or welfare of students, which present a dangerous risk to students that arise from acts or omission of either party then after a period to remedy such breach which shall not exceed ten days, the non-defaulting party may terminate with seven days written notice. b. Termination without Cause. The Agreement may be terminated without cause as follows: This Agreement shall terminate at the end of term unless terminated earlier in accordance with the provisions of termination with cause provision or as otherwise provided for in the Agreement or by the CITY, for the failure to receive approval from the Chartering Entity for the Charter High School Application or the termination of Charter High School's Charter by the chartering entity or by the CITY, upon thirty (30) days advanced written notice, due to a change in federal, state or local law, policy, rule or appropriations during the term of the Agreement which would materially impact the ability to operate or maintain the Charter High School. Such changes could include, but not be limited to, a charter school capital outlay funds appropriation that is less than the current amount provided by the state, or a modification that would substantially impact the ability to limit the enrollment process to target the children of residents of the CITY. 6. Establishes the requirements and procedures for the transfer of functions and documents from CSUSA in the event the Agreement is terminated, including the assignment of employees and contracts for the school. 7. Incorporates City Charter language, neither the City Commission nor its members shall give orders or direction to CSUSA, its employees or employees of the School, either publicly of privately. Any and all recommendations regarding the School by Commissioners shall be made solely to and through the City Manager. It is recommended that the City Commission adopt a Resolution authorizing the execution of the attached Agreement. 3 Attachments 4 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN MANAGEMENT AGREEMENT FOR THE DON SOFFER AVENTURA HIGH SCHOOL BETWEEN CHARTER SCHOOLS USA AT AVENTURA, LLC AND THE CITY OF AVENTURA; 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 Management Agreement for the Don Soffer Aventura High School between Charter Schools USA at Aventura, LLC and the City of Aventura attached hereto. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED AND ADOPTED this 2nd day of April, 2019. City of Aventura Resolution No. 2019- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 MANAGEMENT AGREEMENT between CHARTER SCHOOLS USA, at AVENTURA LLC., and CITY OF AVENTURA for the DON SOFFER AVENTURA HIGH SCHOOL TABLE OF CONTENTS 1. Recitals 2 2. Definitions 2 3. Term 3 4. Charter School 3 5. Services to be Provided by CSUSA 3 6. Responsibilities of the City 11 7. Cooperation 12 8. Additional Mutual Obligations 12 9. Management Fees 12 10. Insurance 13 11. Indemnification 13 12. Default 14 13. Termination of this Agreement 15 14. Transfer of Functions Upon Termination 16 15. Entire Agreement 17 16. Assignments 17 17. Further Assurances 17 18. Relationship of Parties 17 19. Interpretations 17 20. Time of the Essence 18 21. Binding Effect 18 22. Notices 18 23. Headings 19 24. Severability 19 25. Waivers 19 26. Outside Business 19 27. Third Parties 19 28. Jurisdiction and Venue 20 29. Enforcement Costs 20 30. Remedies Cumulative 20 31. Subcontracts 20 32. Obtainment of Charter 21 33. Counterparts 21 34. Governing Law 21 35. Proprietary Information 21 36. Sale or Transfer of interest in CSUSA 21 37. Non- Interference Provision 21 38. Audits 22 39. Police\Regulatory Powers 22 MANAGEMENT AGREEMENT FOR THE DON SOFFER AVENTURA HIGH SCHOOL THIS MANAGEMENT AGREEMENT(the "Agreement")is made and entered into as of the day of , 2019, by and among CHARTER SCHOOLS USA AT AVENTURA, LLC(CSUSA), a Delaware corporation;and CITY OF AVENTURA("CITY"), a Florida municipal corporation. WITNESSETH: WHEREAS, CSUSA and the CITY previously entered into a Planning Agreement to assist in the design and development of the Don Softer Aventura High School ("High School") to be located at 3401 N. E. 213th Street, Aventura, Florida. WHEREAS, the City Commission wishes to enter into a Management Agreement (hereinafter referred to as "Agreement") with CSUSA that will provide for those services necessary to organize, manage, staff, operate and maintain the High School upon the termination of the Planning Agreement. IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be a part hereof. 2. Definitions. Wherever used in this Agreement, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Agreement - The written agreement between CITY and CSUSA covering the Services to be performed. 2.2 CITY - The City of Aventura with whom CSUSA has entered into the Agreement and for whom the Services are to be provided. 2.3 City Manager - The City Manager or his/her designee (hereinafter referred to as" City Manager")of the City of Aventura, who has the authority on behalf of the CITY to grant or deny approvals and perform the CITY's responsibilities required by this Agreement. 2.4 CSUSA - Where CSUSA is indicated as the responsible party to perform an obligation pursuant to this Agreement, 2 2.5 Effective Date of the Agreement —This Agreement shall become effective July 1, 2019. 2.6 Services — Those activities which must be performed in connection with the Charter High School as set forth in this Agreement and in accordance with the Charter School Contract ("Charter") with the Miami-Dade County School Board (the "Chartering Entity"'). 2.7 Written Amendment-A written amendment of the Agreement signed by CITY and CSUSA on or after the Effective Date of the Agreement. 3. Term. The CITY agrees to contract with CSUSA, and CSUSA agrees to be contracted with, for the purpose of providing the Services in connection with the Charter High School in accordance with the terms of this Agreement. The term of this Agreement shall be consistent with the then existing Charter and commence as of the Effective Date of this Agreement, unless terminated earlier pursuant to the provisions of this Agreement, subject to any further obligations (including payment obligations) of the parties that survive termination. The Agreement shall automatically be extended through the term consistent with the then current Charter provided performance standards are satisfied. Upon the 5'h year anniversary and every five years thereafter the parties shall jointly conduct an administrative review with the City Manager. Such review shall include a review of the objective academic results, financial annual audit performance, charter contract compliance, as well as any health, welfare and safety concerns. 4. Charter School. The Charter School shall be a high school with capacity for 800 students commencing in the 2019-2020 school year, starting with 9'h grade only. The upper grades will be added in the three following years. CSUSA shall perform its responsibilities regarding the Charter High School in accordance with the Charter, as may be amended, and all applicable federal, state, local and Chartering Entity laws, ordinances, rules and regulations. 5. Services to be provided by CSUSA. CSUSA's fees hereunder shall compensate it for the performance of the Services, as further specified herein. Any funds required or expenditures to be made by CSUSA in the performance of these responsibilities shall be substantially in conformance with this Agreement and the approved Charter High School Annual Budget(as hereinafter defined). It is the specific intent of the parties that the costs associated with CSUSA's responsibilities(and fees), shall not be shifted from CSUSA into the Charter School's operating budget. Responsibilities of CSUSA shall include, but are not limited to, the following areas: 3 5.1 Education Management 5.1.1 CSUSA shall implement, the education program including the selection of instructional materials, personnel, equipment, technology and supplies for the Charter High School. The program approved by the City will reflect the CITYs desire for a rigorous, college preparatory school with multiple academy offerings, innovative instructional methods, and a facility design that contemplates an open, flexible learning environment to facilitate the digital native learning styles of 21st century students. The school is intended to become the premier public high school option in the State providing the environment for the student to be fully prepared academically and personally for any college or university challenges. 5.1.2 With input and involvement from the CITY and substantially in compliance with the Charter Application and the Charter, CSUSA shall (a) respond to all requirements of the Charter High School process; (b) develop and refine the curriculum and Charter High School plan in compliance with all applicable federal, state and local laws, the policies of the Chartering Entity, the requirements of the CITY and the Charter of the Charter High School; (c) prepare, manage, supervise and implement the Charter High School's opening; and (d) conduct all other activities necessary to have a fully operational Charter High School for the 2019-2020 school year, subject to Section 4 above. 5.1.3 Ensure a viable assessment program for mapping student progress and provide for the administration of all tests/assessments to the students, including state-required or Chartering Entity standard tests/assessments provided to the Charter School by or through the Chartering Entity, that are required by or associated with CSUSA's curriculum, educational programs, the School Improvement Plan, or other reporting or evaluation requirements. CSUSA shall ensure that Charter School personnel are provided with appropriate training on test security and test administration policies and procedures. 5.1.4 Make every reasonable effort to ensure that student performance increases from year to year, assess the possible reasons for such performance and take all reasonable steps to enable the students to continually progress and improve their academic performance. CSUSA shall be required to meet or exceed all performance criteria as set forth in this Agreement and perform to the satisfaction of the CITY. 5.2 Development and Operations Management. 5.2.1 Pre-opening Facilities Planning and Development.CSUSA shall advise and make recommendations to the CITY on the planning and development of the Facility including school safety measures to ensure that the design and function meet the specifications necessary for CSUSA's educational program. In addition, CSUSA shall identify in writing all furniture, fixtures and equipment (the"FF&E"), including all technology 4 equipment necessary for the Charter High School, and shall be responsible for obtaining, ordering, purchasing and installing the FF&E. The City shall be responsible for all expenses including personnel costs that are incurred prior to school opening (first day of class) in accordance with the approved budget. 5.2.2 Contract Administration. CSUSA shall coordinate, negotiate and administer those contracts for necessary uses or services to be performed or provided by third parties including cafeteria management services, janitorial services, building maintenance and transportation, and which must be entered into by the Charter High School during the term of this Agreement to ensure the efficient operation of the Charter High School. Said contracts shall comply with all applicable federal, State, local and Chartering Entity laws, ordinances, rules and regulations. 5.2.3 Manaqement Information Systems. CSUSA shall coordinate in designing, ordering, purchasing, installing and implementing an MIS system consistent with the Charter High School's purpose and goals and in accordance with established budgets. This shall also include business applications that meet, on an ongoing basis, any and all Federal, State, County, CITY, or Chartering Entity reporting mandates,applicable for the Charter High School or the CITY. At a minimum these business applications shall include: Cash Receipts, Records Management, Payroll/Personnel, General Ledger, Purchasing, Accounts Payable, Accounts Receivable/Billing, Fixed Assets, Admissions, Scheduling, Registration, Records, and Reporting. The City Manager or his/her designee, with reasonable notice to CSUSA and except as provided for in Chapter 119, F.S., shall have full and unlimited access to the MIS system with assistance from a representative of CSUSA. Upon termination of this Agreement, all hardware, software, business applications (including password and configuration information)and other intellectual property purchased by the CITY shall remain the property of the CITY. The MIS system shall be and remain the property of the CITY, except as proprietary to CSUSA as set forth in this Agreement. CSUSA shall be responsible for the design, development, implementation and maintenance of the Charter High School's web site. The CITY shall have the right to link the Charter High School's web site to the CITY's website. 5.2.4 Books and Supplies. CSUSA shall be responsible for obtaining, ordering and purchasing the instructional licenses, books and supplies to be utilized in or by the Charter High School in accordance with established school budgets. 5.2.5. Cafeteria Management and Food Service. CSUSA shall be responsible for contracting, with public or private entities or individuals for the provision of food service and shall provide management services for the Charter High School's cafeteria which enables the Charter High School to comply with all applicable federal, state, local and Chartering Entity, laws, ordinances, rules, and regulations, and the Charter, as amended, regarding the provision of food service to all students attending the Charter High School. The costs associated with such service shall be included in the approved Charter High School Annual Budget and paid for from the Charter High School Fund. CSUSA shall serve 5 as the Food Service Sponsor as defined by the Florida Department of Education (DOE)for the purpose of filing an application with the DOE to participate in the National School Lunch Program (NSLP). Once approved, the Food Service Sponsor shall ensure that all federal guidelines and procedures are followed with regard to the administration of NSLP as outlined by the United States Department of Agriculture and DOE. The Food Service Sponsor shall appoint a designee to be responsible for maintaining student applications and processing monthly reimbursements through the DOE. CSUSA shall prepare the NSLP application and distribution of student applications. CSUSA shall collect the data to be provided in accordance with NSLP policy and procedure. 5.2.6 School Uniform Procurement Services. CSUSA shall be responsible for contracting, with public or private entities or individuals for the purpose of providing student uniforms to be purchased by students in conformance with the criteria established by the Charter High School. 5.2.7 Transportation. CSUSA shall be responsible for contracting, with public or private entities or individuals for the provision of transportation, in accordance with the policies established by the Governing Board. The costs associated with such services shall be included in the approved Charter High School Annual Budget and paid for from the Charter High School Fund. 5.2.8 Public Relations; Fund Raising Activities; Legal and Legislative Lobbying. (a) Public Relations. CSUSA shall coordinate, cooperate and work with the CITY as to all official public relations for the Charter High School including, without limitation, community outreach, press releases and media relations. All media relations initiated by CSUSA, including press releases, shall require the prior written approval of the City Manager. Press releases shall contain the name of the CITY and its seal as designated by the City Manager. Where media contact to CSUSA is not initiated by CSUSA, CSUSA shall notify the City Manager. (b) Fund Raising Activities. CSUSA shall be responsible for fund raising activities on behalf of the Charter High School, during the term of this Agreement, and CSUSA and the CITY shall coordinate and cooperate with such fund raising efforts. (c) Legal and Legislative Lobbying. CSUSA in coordination with the City Manager shall coordinate any and all legal and lobbying services necessary for the School, in accordance with policies established by the Governing Board. The costs associated with such services shall be included in the approved Charter High School Annual Budget and paid for from the Charter High School Fund. 6 5.2.9 Personnel Administration. CSUSA shall recruit and employ sufficient qualified personnel to operate the Charter High School (as is necessary and appropriate during the Term of this Agreement), including without limitation, administrators, teachers, clerical, cafeteria, and other staff to enable CSUSA to operate the Charter High School in conformance with the Charter Application and Charter. Expenses of such administration shall be in accordance with the approved School budget,consistent with City approved education program and the Charter. In the event of a vacancy, CSUSA shall also recruit qualified personnel for the Charter High School Principal. CSUSA shall consult with the City Manager during the hiring process of any principal for the Charter School. The parties agree that the Charter High School Principal shall be accountable to CSUSA for the day to day operations of the Charter High School and for carrying out the mission of the Charter High School, Charter Application and the Charter. CSUSA shall provide such other personnel as CSUSA, in its sole judgment, determines is necessary to properly operate the Charter High School. CSUSA shall determine, in its sole discretion, the benefits that will be provided to such personnel and shall administer the provision of such benefits. In order to attract and compensate teachers and administrators necessary to achieve the performance criteria set forth in this Agreement, teacher/employee pay plans shall be jointly developed by the CITY and CSUSA. Any and all employment agreements shall provide for the immediate assignably to the CITY at its option in the event that this Agreement is terminated as provided herein. The parties acknowledge that the school personnel are crucial to the operation of the school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude personnel from working their required and designated days and hours. Additionally, CSUSA shall use its best efforts to prevent work stoppages caused by the absence of school personnel. The parties further acknowledge that the CITY shall be irreparably harmed should school personnel fail to work their required and designated days and hours for such reasons as labor and/or economic disputes. In the event of such work stoppages, the CITY shall be entitled to seek any available legal or equitable remedies, including, but not limited to, injunctive relief from a court of appropriate jurisdiction, to best protect the interests of the CITY incident to its obligation to provide education for the students of the Charter School. CSUSA shall ensure that all personnel that it employs for the Charter School are subject to the terms of this paragraph. 5.2.10 Payroll Administration. Pursuant to the established school budget, CSUSA shall prepare, maintain, administer, and report all payroll of CSUSA's employees hired to work at the Charter High School, including,without limitation, processing and issuing all checks, maintaining all reports and payroll records and filing all necessary forms and returns, including worker's compensation compliance, unemployment insurance compliance, withholding and social security taxes and all tax and other forms relating to employment as may be required by any federal, state, Chartering Entity or municipal authority during the term of this Agreement. All payroll and other financial or operational records for the Charter High School shall be segregated and separated from all other CSUSA payroll records and shall be reported in a manner allowing the payroll costs to be traced directly to the financial expenditures of the Charter High School. CSUSA shall deposit such payroll taxes as may be required by the Internal Revenue Service for the 7 payment of payroll taxes for the employees referenced herein. All penalties incurred by reason of late filing, failure to file or failure to pay shall be borne by CSUSA and shall be the sole obligation and responsibility of CSUSA. CSUSA shall be responsible for submitting to the CITY reimbursement for CSUSA employees employed at the Charter High School in a form acceptable to both parties. 5.2.11 Student Recruitment, Registration and Enrollment. 5.2.11.1 CSUSA shall conduct marketing, public relations and recruitment efforts throughout the CITY in order to attract a sufficient pool of applicants to achieve and maintain the targeted student population of the Charter School. Such efforts will include informational meetings to inform interested parents of the educational programs offered by the Charter High School, the registration process and required contractual obligations. 5.2.11.2 CSUSA shall be responsible for conducting the enrollment and registration processes of the Charter High School, including but not limited to processing of applications, and shall ensure that the Charter High School's enrollment and registration processes are in compliance with Florida Statutes, Governing Board polices, Charter Application and the Charter, as amended.As permitted by Florida Statute, CSUSA will give preference to children of CITY residents. 5.2.11.3 CSUSA shall be responsible for conducting any lotteries, and shall ensure that the Charter School's lottery processes are in compliance with Florida Statutes, Governing Board policies, the Charter Application and the Charter, as amended. As permitted by Florida Statutes, Charter High School will give preference to children of CITY residents. 5.2.12. Annual Budget. CSUSA shall prepare and submit to the CITY a detailed annual budget by April 1 of each year. The budget shall include, as appropriate, the total number of student stations for the upcoming academic year, staffing requirements, all capital purchase requests, debt repayments and/or cash loans required, operating revenues and operating expenditures for the school year as well as school expenses and costs for specific services provided in Section 5 herein. The Annual Budget shall be consistent with and funded based upon the approved teacher/employee pay plan as referenced in paragraph 5.2.9 above. The Charter High School Annual Budget shall be reviewed and modified, as necessary, by the City Manager. The parties shall work cooperatively together on any and all budgetary matters and issues prior to the submission of the proposed budget to the Aventura City Commission. The parties agree that it is the intent of this provision that they jointly prepare and submit a balanced budget and that any and all budgetary issues and matters are resolved between CSUSA and the City Manager prior to the Aventura City Commission's review and consideration of same. However, it is anticipated in the initial years of this 8 Agreement that the school budget shall need supplemental funding from the City. If supplemental funding is needed after the initial period, supplemental requests shall contain necessary detail. The final agreed proposed Charter School Annual Budget shall be submitted to the Aventura City Commission for approval no later than May 15 of each year. CSUSA is responsible for and shall maintain a balanced financial budget at all times during the term of this Agreement. CSUSA shall ensure that the Charter School Annual Budget is submitted to the Chartering Entity in a timely manner consistent with the Charter. CSUSA shall operate within its approved Charter School Annual Budget, as approved by the Aventura City Commission. Budget amendments shall be processed in accordance with current CITY procedures in conjunction with the City Manager.The City Manager shall have final approval to forward any budget amendments to the City Commission. 5.2.13 Grants. During the term of this Agreement, CSUSA shall actively and aggressively pursue grants and other funding sources and resources subject to the prior written approval of the City Manager for the application of same. For purposes of this section "grants and other funding sources and resources" shall be defined as funds, services or supplies normally associated with the operation and development of a charter school. The CITY and/or CSUSA, with mutual agreement, may apply for and receive grant money in the name of the other party. The CITY and CSUSA shall comply with each others reasonable requests for information necessary for the preparation of grant applications. 5.2.14 Accounting, Budgeting&Financial Reporting. CSUSA shall perform all accounting, financial management, and reporting functions for the Charter School required by or associated with the Services to be performed by CSUSA, in accordance with the Charter and Generally Accepted Accounting Principles including, without limitation, approving and paying all approved costs of the Charter School, making deposits related to the Charter School, recording amounts due to the Charter School and recording accounts payable. CSUSA shall be responsible for ensuring that the Charter School's accounting records and procedures clearly establish for each asset whether it was purchased with public funds (other than CITY funds) or non-public funds, so that only the appropriate assets will revert to the ownership of the Chartering Entity in the event the Charter is not renewed or is terminated. CSUSA shall not commingle its corporate funds with the funds of the Charter School. CSUSA shall prepare and submit to the CITY monthly financial statements relative to or associated with the Services performed by CSUSA within twenty(20) days after the end of the preceding month. These monthly financial statements shall include a balance sheet and a statement of revenues and expenditures and changes in fund balance reflecting the Charter School's monthly and year-to-date activity for both budget and actual activity. CSUSA shall ensure that financial statements are submitted to the CITY in a timely manner to be incorporated in the overall financial statements for submittal by the CITY to the Chartering Entity in accordance with the Charter. 9 5.2.15 Audits CSUSA shall accommodate all required audits of the Charter School and shall ensure access to all school records and source documents required by, relative to, or associated with the Services to be performed by CSUSA in a timely manner. The cost of audits required by State Law and the Charter shall be included in the approved Charter High School Annual Budget. CSUSA shall ensure that required audits are performed in accordance with the Charter and provided to the CITY in a timely manner in accordance the time frame established in the Charter. Upon authorization of the Aventura City Commission, CSUSA shall ensure that the annual audit is submitted to the Chartering Entity in a timely manner consistent with the Charter. 5.2.16 Training and Professional Development CSUSA shall be responsible for the training, continuing education and on-going professional development of its educational faculty, including administrators and teachers associated with the Charter High School. 5.2.17 Provision of Liaison Services. CSUSA shall designate a member of senior management personnel to be the point of contact for any and all Charter High School matters in connection with the performance and expectations contained in the Agreement, Charter and Charter Application. The liaison person shall meet as required by City staff and attend Charter High School Advisory Board meetings and requested meetings of the Governing Board, when requested by the City Manager. CSUSA shall support the Charter High School Advisory Board meetings and present any necessary reports to or for the Governing Board and School Advisory Board. 5.2.18 Facility Maintenance. CSUSA shall be responsible for custodial services and ordinary repair and maintenance concerning the day-to-day operation of the Charter High School, and shall be responsible for all other repair and maintenance, including but not limited to grounds maintenance and maintenance of the physical plant. The costs associated with the Custodial and Day-to-Day Maintenance shall be included in the Charter High School Annual Budget and paid for from the Charter High School Fund. The CITY reserves the right to use the High School facilities for educational and recreational purposes when such facilities are not in use by the Charter High School. CITY will coordinate with CSUSA to ensure that no scheduling conflicts arise in the use of the High School facilities. 5.2.19 Coordination with the Chartering Entity. CSUSA shall be responsible for coordinating any and all activities of the Charter High School with the requirements of the Chartering Entity and for complying with all reasonable requests of the Chartering Entity regarding the Charter High School. 5.2.20 Monthly Reports. CSUSA shall submit monthly written reports detailing the progress and achievements of the prior month's activities to the City Manager. 10 5.2.21 Compliance with Applicable Law. CSUSA acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's expertise in the business of organizing, managing, staffing and operating charter schools in the State of Florida and with the Chartering Entity. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, and be responsible for ensuring that the Charter High School complies with all applicable laws, ordinances, rules and regulations. 5.2.22 Records Retention; Public Records. CSUSA shall provide, protect, preserve, and maintain all books, records and related documents of or affecting the Charter High School that are not proprietary to CSUSA(the"Public Records"), pursuant to the provisions of Chapter 119, F.S. as amended from time to time. In the event of termination of this Agreement pursuant to Section 13, CSUSA shall deliver any and all Public Records in its possession to the CITY within thirty (30) calendar days of such termination. Further, the Public Records Act Addendum which is attached hereto is hereby incorporated herein. 5.2.23 Parent Activities. CSUSA shall coordinate and oversee all organized parental involvement including the required participation of parents of children enrolled in the Charter High School. In addition, CSUSA shall establish and work with any approved parent —teacher organizations for the purpose of furthering the goals of the Charter High School. 6. Responsibilities of the City.The CITY shall be responsible for the following: 6.1 Maintenance of Charter. The CITY shall do, or cause to be done, all things necessary to ensure that all legal requirements applicable to the CITY, and all such conditions as may have been imposed on the CITY by the Chartering Entity, are fully complied with at all times. If the CITY or CSUSA shall at any time receive notice from any public authority or other person that the Charter High School is or may be in violation of the Charter, the rules of the Chartering Entity or any provision of any applicable law or regulation, the party receiving such notice shall immediately notify the other party of the asserted violation and shall thereafter work diligently together to determine whether such asserted violation in fact exists, to correct any violation found to exist, and vigorously contest the asserted violation if the same is found not to exist. 6.2 The Charter High School Special Revenue Fund. The City shall create and maintain a Charter High School Special Revenue Fund (Charter High School Fund) to account for all revenues and expenditures associated with the Charter High School. 6.3 Funding For Charter High School Costs and Expenses. The CITY shall provide funds, in amounts substantially in conformance with the agreed upon and City Commission approved budget and Charter School Application, to cover costs and 11 expenses associated with the planning and development of the Charter High School,which costs and expenses shall include, startup funding and FF&E and CSUSA Fees. It is understood by CSUSA and the CITY, that any and all funds expended by the CITY pursuant to this Section, including professional services contract fees and other out-of-pocket costs and expenses, shall be reimbursed to the CITY from Charter High School revenues and/or startup grants from the State of Florida. The reimbursement schedule shall be included in the proposed Charter High School Annual Budget. The CITY shall provide CSUSA with an estimate of any and all funds expected to be expended by the CITY pursuant to this Section during the subsequent budget year that would not be generally known to CSUSA; such estimate shall be included in the proposed Charter High School Annual Budget. 6.4. Procedure for Payment. In order to receive funds from the CITY pursuant to this Section, CSUSA shall prepare and submit monthly financial statements and invoices to the City Manager, which shall include the fund(s) for which CSUSA is seeking payment, and all of the Charter High School's actual expenditures, reported on a modified cash basis of accounting (including but not limited to all capital expenditures). The City Manager shall direct payment from the Charter High School Fund to CSUSA for all approved expenditures within fifteen (15) business days of receipt by the CITY of the monthly financial statement and invoices. CSUSA agrees to provide the CITY, within ten (10) business days, source documents, supporting schedules, summaries and explanations as may reasonably be requested by the City Manager from time to time. CSUSA shall immediately reimburse the CITY for any unallowable Charter High School expenditures as determined by a licensed auditor of the CITY, the Chartering Entity, or any Department or Division of the State of Florida or Federal Government. 6.5 Other Activities. The CITY shall, in a timely manner, provide all information and perform all other reasonable activities, in support of CSUSA's efforts, as necessary during the term of this Agreement to have a fully operational Charter High School for the 2019-2020 school year, subject to Section 4 above. 7. Cooperation. The parties shall, in good faith, share all information received from the Chartering Entity so as to comply with mutual obligations herein. Any information, whether written or oral, which is transmitted by the Chartering Entity to the parties shall be shared between the parties promptly. 8. Additional Mutual Obligations. The parties hereto shall actively and diligently coordinate all grant writing, community involvement, responsiveness and response to compliance to all federal, state, and local rules and regulations,and any other operational activities or functions occasioned by the relationship set forth in this Agreement in a concerted effort to meet the goals and objectives established in the Charter High School Application. 9. Management Fees. CSUSA shall be paid an annual Management Fee equal to $450 per enrolled student. Beginning at the start of second year of this Agreement the 12 Management Fee shall be increased or decreased each year by the percentage amount that the State FTE revenue increases or decreases the preceding year. For purposes of this Agreement the number of enrolled students shall be equal to Miami-Dade County School Boards FTE student count used to determine FTE for the High School. The Management Fee shall be paid to CSUSA in twelve equal payments once the school opens. 9.1 Beginning in the fourth year and every year thereafter of this Agreement, CSUSA shall also be entitled to an Incentive Fee equal to $150.00 per enrolled student provided performance measures are met and the City subsidy to the school budget is less than Two Hundred Thousand Dollars ($200,000). The performance measures shall be mutually developed by both parties in the third year of operations and included as an amendment to this Agreement. The Incentive Fee shall be paid annually on or before June 30th of each year beginning in the fourth year of the operations of the school. 10. Insurance. CSUSA shall maintain comprehensive general liability insurance in the amount of One Million ($1,000,000) Dollars per occurrence and Two Million ($2,000,000) Dollars in the aggregate for personal injury and property damage, combined single limit, occurring in connection with the Charter High School. In addition, CSUSA shall maintain workers compensation and employers' liability insurance in the amount of Fifty Thousand ($50,000) Dollars or the minimum amount required by law, including Chapter 440, Florida Statutes, whichever amount is higher. CSUSA shall provide proof of insurance to the City of the types and amounts required by this Agreement, the Charter Application, the Charter or federal, state or local law, during the term of this Agreement, and shall name the City and City's officers, agents and employees as additional insured under the general liability insurance coverage policy. The City intends to provide property insurance coverage for the real property, buildings and contents, which costs shall be charged to the Charter High School Fund. 11. Indemnification. 11.1 CSUSA agrees to indemnify, defend with counsel (reasonably acceptable to the CITY) and hold the CITY, and its respective officers, employees, and agents (the "Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of CSUSA or its agents, officers and employees in connection with the Agreement, (b) CSUSA's breach of this Agreement or law, and/or(c) any failure by CSUSA to pay its suppliers, vendors or contractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 11.2 Subject to the provisions and monetary limitations of F.S.768.28, F.S., which shall apply regardless of whether said monetary limitations would otherwise apply in 13 the absence of this provision, the CITY agrees to indemnify, defend with counsel (reasonably acceptable to CSUSA) and hold CSUSA, its officers, employees, and agents (the "CSUSA Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of the CITY in connection with the Agreement, (b) the CITY's breach of this Agreement or law, and/or (c) any failure by the CITY to pay its vendors or contractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 11.3 Upon becoming aware of the potential for a claim hereunder, the party seeking indemnification shall notify the other party of the existence of such claim, demand or other action giving rise to a claim for indemnification under this provision (a "Third Party Claim") and shall give such other party a reasonable opportunity to defend the same at its own expense and with its own counsel, provided however that the CITY or CSUSA shall at all times have the right to participate in such defense at its own expense. 11.4 If, within a reasonable amount of time after receipt of notice of a Third Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking indemnification shall have the right, but not the obligation, to defend and to compromise or settle (exercising reasonable business judgment)the Third Party Claim for the account and at the risk and expense of the party responsible for indemnification hereunder. Each party agrees to cooperate and to make available to the other party, such information and assistance as may be reasonably requested in connection with the defense of a Third Party Claim. 12. Default. A default shall be deemed to have occurred for certain events or conditions (each, an "Event of Default"), which include, but are not limited to the following: 12.1 Failure to pay any amount due hereunder within thirty (30) days after written notice that such amount is due; or 12.2 Failure to remedy a material breach of this Agreement, including, but not limited to, a default in the due and punctual observance or performance of any provision contained herein, within thirty (30) days after written notice to the defaulting party; or 12.3 If CSUSA shall under such law as shall be applicable to it commence any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a receiver, intervenor, conservator or trustee for itself or for any substantial part of its property; or if there shall be commenced against it any such action and the same shall remain un-dismissed; or if by any act it shall indicate its consent to, approval of, or acquiescence in any such proceeding, or the appointment of any receiver, intervener, 14 conservator or trustee for it or any substantial part of its property or shall suffer any of the same to continue undischarged; or if it shall become subject to any intervention whatsoever that shall deprive it of the management of the aggregate of its property or any substantial part thereof; or if it shall wind up or liquidate its affairs or there shall be issued a warrant of attachment, execution, or similar process against any substantial part of its property, and such warrant, execution or process shall remain un-dismissed, unbounded or undischarged for a period of ninety (90) days, this Agreement shall be deemed immediately terminated upon the occurrence of such event; or 12.4 Upon the occurrence of an Event of Default, the non-defaulting party shall be entitled to pursue all remedies available under law or equity, including without limitation, terminating this Agreement in accordance with Section 13. 13. Termination of this Agreement. This Agreement may be terminated by the parties as follows: 13.1 Termination with Cause or for Nonperformance. Upon the occurrence of an Event of Default, the defaulting party shall have an opportunity to cure the alleged default in 30 days from any notice of default. Thereafter, the non-defaulting party shall be entitled to terminate this Agreement with cause or for nonperformance(hereinafter referred to as "Termination with Cause"), prior to the end of the term, with ten (10) days prior written notice. If the grounds of termination relate to the serious health, safety or welfare of students, which present a dangerous risk to students that arise from acts or omission of either party then after a period to remedy such breach which shall not exceed ten days, the non-defaulting party may terminate with seven days written notice. 13.1.1 Upon Termination with Cause, the non-defaulting party may immediately end their performance of obligations or may terminate at the end of the then current school year pursuant to this Agreement and shall have no further obligations or responsibilities to each other as of the date of such termination, including any payment obligations(except reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter High School and unpaid earned Fees), except as otherwise indicated in this Agreement, and the non-defaulting party shall be entitled to pursue all remedies available under law or equity. 13.2 Termination without Cause. This Agreement may be terminated without cause (hereinafter referred to as "Termination without Cause"), as follows: 13.2.1 This Agreement shall terminate at the end of term pursuant to Section 3, unless terminated earlier in accordance with the provisions of Section 13 or as otherwise provided for in this Agreement. 15 13.2.2 By the CITY, for the failure to receive approval from the Chartering Entity for the Charter High School Application or the termination of Charter High School's Charter by the chartering entity. 13.2.3 By the CITY, upon thirty(30)days advanced written notice,due to a change in federal, state or local law, policy, rule or appropriations during the term of this Agreement which would materially impact the ability to operate or maintain the Charter High School. Such changes could include, but not be limited to, a charter school capital outlay funds appropriation that is less than the current amount provided by the state, or a modification that would substantially impact the ability to limit the enrollment process to target the children of residents of the CITY. 14. Transfer of Functions Upon Termination. In recognition of the paramount importance of maintaining the integrity and continuing development and operation of the Charter High School, in the event this Agreement is terminated pursuant to Section 13 CSUSA agrees to cooperate with the CITY for the transfer,within thirty(30) calendar days of such termination, of the documents which relate to the planning, design, development and operating functions of the Charter High School (to the extent such documents are owned by the CITY) from CSUSA to the CITY or an entity selected by the CITY. Such cooperation shall include, but is not limited, to: 14.1 Assignment of all employees and employment contracts of the Charter High School and the transfer of employee records to the CITY or an entity selected by the CITY. 14.2 Transfer of all student records, then current curriculum programs and class syllabi of the Charter High School (unless the same is proprietary to CSUSA), if any, to the CITY or an entity selected by the CITY. 14.3 Assignment of all contracts or subcontracts, if any, entered into by CSUSA for the Charter High School, to the CITY or an entity selected by the CITY, if such contracts are assignable. 14.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all hardware, software, business applications and other intellectual property (with password and configuration information) purchased by CITY. If CSUSA uses software or applications to operate the Charter High School that is not owned by CITY or the Charter High School, the CITY, at its sole option, may continue to use such software or applications. If the CITY elects to continue to utilize CSUSA software or applications to operate the Charter High School, the CITY shall execute a license agreement with CSUSA for the use of the same for a reasonable license fee to be negotiated by the parties. 16 14.5 Transfer of all property including, but not limited to, furniture, fixtures, equipment, materials, software and hardware acquired for the Charter High School by the CITY and purchased by the CITY or through the use of funds designated for the Charter High School, to the CITY or an entity selected by the CITY. 14.6 The delivery of any and all Public Records in CSUSA's possession to the CITY or an entity selected by the CITY. 14.7 Transfer of any and all other information owned by the CITY, or provision of assistance, to ensure the least disruption of the continuing planning, design, development and operation of the Charter School as a result of the termination of this Agreement. 14.8 The provisions of Section 14 shall survive the termination of this Agreement. 15. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties. The provisions of this Agreement may not be amended, supplemented, or waived orally, but only by a writing signed by the parties and making specific reference to this Agreement. The City Manager shall act for City hereunder. 16. Assignments. No party shall assign its rights or obligations hereunder without the prior written consent of the other party to this Agreement,which consent may be withheld by such party in its sole discretion except as otherwise provided for in this agreement. 17. Further Assurances. The parties hereby agree from time to time to execute and deliver such further and other assurances, assignments and documents and do all matters and things that may be convenient or necessary to more effectively and completely carry out the intentions of this Agreement. 18. Relationship of Parties. The relationship between the parties hereto shall be solely as set forth herein and neither party shall be deemed to be an employee, agent, partner, or joint venturer of the other. 19. Interpretations. This Agreement shall not be construed more strictly against one party than against the other merely because it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to its preparation. 17 20. Time of the Essence. Time of performance by either party of each and every provision or covenant herein contained is of the essence of this Agreement. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, including the production of documents, in compliance with all applicable laws, ordinances, rules and regulations, to ensure, that the Charter High School will be fully operational for the 2019-2020 school year, subject to Section 4 above. For the purpose of this Agreement, "timely" shall include a reasonable time for review, consideration, and/or modification by the City Manager, and, whenever deemed necessary by the City Manager, include the appropriate time necessary for submission, consideration and/or approval by the Governing Board. 21. Binding Effect. All of the terms and provisions of this Agreement,whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 22. Notices. All notices and other communications required or permitted under this Agreement shall be in writing and given by: 22.1 hand delivery; 22.2 registered or certified mail, return receipt requested; 22.3 overnight courier, or 22.4 facsimile to: If to CSUSA: Charter Schools USA, Inc 800 Corporate Drive, Suite 700 Fort Lauderdale, Florida 33334 Attention: Mr. Jonathan K. Hage, President Fax: (954) 202-2047 With a copy to: Tripp Scott, P.A. 110 S.E. 6th Street, 15th Floor Fort Lauderdale, Florida 33301 Attn: Edward J. Pozzuoli, Esq. Fax: (954) 761-8475 If to the City: City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Fax: (305) 466-8919 18 With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd. Suite 1900 Fort Lauderdale, Florida 33301 Attn: David Wolpin, Esq. Fax: (954) 764-7770 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: 22.4.1 on the date delivered if by hand delivery or overnight courier, 22.4.2 on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and 22.4.3 on the date of transmission with confirmed answer if by fax. 23. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 24. Severability. If any part of this Agreement or any other agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 25. Waivers. The failure or delay of any party at any time to enforce this Agreement shall not affect such party's right to enforce this Agreement at any other time. Any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any other circumstance. 26. Outside Business. Nothing contained in this Agreement shall be construed to restrict or prevent, in any manner, CSUSA or its representatives or principals from providing services to any third-party similar to the services provided pursuant to this Agreement. 27. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies on any person other than the parties hereto and their respective legal representatives, successors, and permitted assigns, nor is anything in 19 this Agreement intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision give any third person any right to subrogation or action over or against any party to this Agreement. 28. Jurisdiction and Venue. The parties acknowledge that a substantial portion of the negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Miami-Dade County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally: 28.1 agrees that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Miami— Dade County or the court of the United States, Southern District of Florida in Miami—Dade County. 28.2 consents to the jurisdiction of each such court in any suit, action, or proceeding: and 28.3 waive any objection which it may have to the laying of venue of any such suit, action, or proceeding in any of such courts. 29. Enforcement Costs. In the event of any controversy arising under or relating to the interpretation or implementation of this Agreement or any breach thereof, the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorneys' fees (including, without limitation, all pre-trial, trial and appellate proceedings) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30. Remedies Cumulative. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 31. Subcontracts CSUSA may subcontract for the performance of any of its responsibilities set forth in this Agreement, subject to notice to the CITY, such notice to indicate if the subcontract will provide for assignment to the CITY in the event of the termination of this Agreement, and the CITY's opportunity to review any and all proposed subcontracts in connection with the performance of the duties, functions, and responsibilities under this Agreement. CSUSA shall be responsible for the management of all subcontractors in the performance of their work. If possible, any and all subcontracts shall include provisions that provide for the assignment of these contracts to the CITY, or 20 an entity of the CITY's selection, should this Agreement with CSUSA be terminated pursuant to the terms herein. 32. Obtainment of Charter.The CITY and CSUSA will use mutual due diligence to obtain approval and maintain the Charter from the Chartering Entity for the Charter High School. In the event the application is not approved by the Chartering Entity or the Charter is terminated, the CITY shall have the right to terminate this Agreement, in accordance with Section 13.2.2. 33. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 34. Governing Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws. 35. Proprietary Information. The CITY agrees that CSUSA shall own all copyrighted and other proprietary rights to all instructional materials, training materials, curriculum and lesson plans, or any other materials created and developed by CSUSA, its employees, agents or subcontractors, or by any individual working for or supervised by CSUSA, which is developed during working hours or during time for which the individual is being paid and which is specifically identified by CSUSA in writing as being copyrighted or proprietary. Notwithstanding the same, in the event of expiration or termination of this Agreement,the CITY shall have the right to use such materials during the life of the Charter High School provided the CITY pays a reasonable license fee(based upon the then existing market value) to CSUSA; however, the CITY shall have no rights to use such materials beyond the life of the Charter High School. The CITY, to the extent permitted by law, shall treat all proprietary information as though it were a trade secret and copyrighted and shall use efforts so as not to disclose, publish, copy, transmit, modify, alter or utilize such proprietary information during the Term of this Agreement or at any time after its expiration. 36. Sale or Transfer of Interest in CSUSA. This Agreement is made by the CITY with CSUSA in its current ownership form. No substantial change in ownership or any other form of control of CSUSA, shall be made without the prior written consent of the CITY, through the City Manager, which consent shall not be unreasonably withheld. 37. Non-Interference Provision. CSUSA shall be accountable to the City Manager and the School Advisory Board. Neither the City Commission nor its members shall give orders or direction to CSUSA, its employees or employees of the School, either publicly of privately. Any and all recommendations regarding the School by Commissioners shall be made solely to and through the City Manager. 21 38. Audits. The CITY shall have the right, at any time during business hours, at the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or cause to be inspected and audited by a certified public accounting firm selected by the CITY, the business records, bookkeeping and accounting records, tax records and returns and other records of CSUSA with respect to this Charter High School and this Agreement. CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the foregoing business records are retained by CSUSA following the expiration or earlier termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and make available to the CITY such books and records for a period of six (6) years following the expiration or earlier termination of this Agreement. 39. Police/Requlatory Powers. CITY cannot, and hereby specifically does not, waive or relinquish any of its regulatory approval or enforcement rights and obligations as it may relate to regulations of general applicability which may govern the Charter High School , and any operations relative thereto. Nothing in this Agreement shall be deemed to create an affirmative duty of CITY to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with its zoning and land use codes, administrative codes, ordinances, rules and regulations, federal laws and regulations, state laws and regulations, and grant agreements. [SIGNATURES APPEAR ON THE NEXT PAGE] 22 IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in triplicate. One counterpart each has been delivered to CITY and CSUSA. ATTEST: CITY OF AVENTURA, FLORIDA By: By: Ellisa Horvath, MMC Ron Wasson City Clerk City Manager APPROVED AS TO FORM: By: City Attorney WITNESSES: CHARTER SCHOOLS USA at AVENTURA, LLC. By: Signature Jonathan K. Hage, President Print Name 23 ADDENDUM TO CONTRACT FOR SERVICES (CITY OF AVENTURA-CSUSA) THIS ADDENDUM to the contract for the provision of services(the"Contract")is made and entered into effective as of the_ day of-, 2019, by and between, the City of Aventura, Florida, a Florida municipality,whose business address is 19200 W.Country Club Drive,Aventura,Florida 33180(the"City") and CHARTER SCHOOLS USA("CSUSA") (the"Contractor"). WITNESSETH WHEREAS the City and Contractor previously entered into a Contract for professional,charter high school management services to be provided to the City by the Contractor as described in the contract;and WHEREAS,City procurement procedures require that agreements with City contractors require the Contractor to comply with the Public Records Act;and WHEREAS,upon City's request,the Contractor desires to assure the City of Contractor's compliance with the Public Records Act. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATION,THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,ITIS HEREBY AGREED BY CITY AND CONTRACTOR,AS FOLLOWS: (1) Recitals. The above stated recitals are hereby adopted and confirmed. (2) Public Records Act Compliance. a. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY. b. Upon request from the CITY custodian of public records,CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. c. Upon completion of this Agreement or in the event of termination by either party,any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER,at no cost to the CITY,within seven(7)days. All such records 24 stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement,the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. d. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. e. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. Section 119.0701(21(a),Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Public Records: ELLISA HORVATH,CITY CLERK Mailing address: 19200 WEST COUNTRY CLUB DRIVE,AVENTURA, FL 33180 Telephone number: 305-466-8901 Email: HORVATHE@CITYOFAVENTURA.COM (3) Conflict. In the event that a conflict arises between the provisions of the Agreement and this Addendum,the provisions of the Addendum shall control. IN WITNESS WHEREOF,the parties hereto have accepted,made and executed this Addendum to Contract upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: CITY OF AVENTURA, FLORIDA: By: President By: Ron Wasson City Manager ATTEST: City Clerk 25 Approved as to Form and Legal Sufficiency forthe Reliance of City Only: City Attorney 26 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson 1, City Manager BY: Joanne Carr, Al t Community Development Director DATE: March 28, 2019 SUBJECT: Request of The Medical Building Aventura Condominium Association Inc. for Sign Variance 2801 NE 213 Street, City of Aventura (01-SV-19) April 2, 2019 City Commission Meeting Agenda Item I D RECOMMENDATION It is recommended that the City Commission approve the request for variance to permit one monument sign measuring 72 square feet on the NE 213 Street frontage of the building, where one monument sign measuring a maximum of 48 square feet and a second monument sign measuring a maximum of 24 square feet are permitted by Code, for the office condominium building at 2801 NE 213 Street, with the following conditions: 1. That the sign submitted for permitting comply with the drawings submitted with this application, those being: • "Aventura Medical Tower", Sign Rendering, Page 01, prepared by Graphplex Signs, dated 09/12/17, last revised 2/7/19. • "Aventura Medical Tower", Sign Type: Monument Sign — End View, Page 02, prepared by Graphplex Signs, dated 09/12/17, last revised 2/7/19. • "2801 Aventura Medical", Landscape Plan, Sheet L-101, prepared by Synalovski Roman Saye, dated 02/19/2016. • "Aventura Medical Tower", Landscape Plan, Page 04, prepared by Graphplex Signs, dated 09/12/17, last revised 2/7/19. • "Aventura Medical Tower", Site Plan, Page 05, prepared by Graphplex Signs, dated 09/12/17, last revised 2/7/19. • "Aventura Medical Tower", Illuminated Monument Sign — Details, Page 06, prepared by Graphplex Signs, dated 09/12/17, last revised 11/27. • "Aventura Medical Tower", Proposed Sign Location, Page 07, prepared by Graphplex Signs, dated 09/12/17, last revised 11/27. • "ALTA/ACSM Land Title Survey", One Page, prepared by John lbarra and Assoc. Inc., dated 11/03/2015. 2. That this monument sign shall be the only monument sign permitted for this property. The applicant shall record on title, at its cost, a covenant in form satisfactory to the City Manager and City Attorney, to confirm this condition for itself and its successors in title. THE REQUEST The applicant, The Medical Building Aventura Condominium Association Inc., is requesting a variance from Section 31-191(j)(1) of the City Code to permit one monument sign measuring 72 square feet on the NE 213 Street frontage of the building at 2801 NE 213 Street, where one monument sign measuring a maximum of 48 square feet and a second monument sign measuring a maximum of 24 square feet are permitted by Code. The applicant's letter of intent is attached as Exhibit#1. BACKGROUND OWNER OF PROPERTY The Medical Building Aventura Condominium Association Inc. APPLICANT The Medical Building Aventura Condominium Association Inc. LOCATION OF PROPERTY 2801 NE 213 Street Location Map is attached as Exhibit#2 LEGAL DESCRIPTION Legal description is attached as Exhibit #3 ZONING Subject property: MO, Medical Office District Property to the North: MO, Medical Office District Property to the South: MO, Medical Office District Property to the East: MO, Medical Office District Property to the West: MO, Medical Office District EXISTING LAND USE Subject property: Office Condominium Building Property to the North: Vacant Land Property to the South: Vacant Land 2 Property to the East: Office/Hotel Building under construction Property to the West: One story Office Condominium FUTURE LAND USE — According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Biscayne Boulevard The Site -The subject site is a 1.62 acre property with frontages on both NE 213 Street and NE 214 Street, with municipal address 2801 NE 213 Street, City of Aventura. The applicant has constructed a 12 story, 114,164 square foot medical office building with a pharmacy and surface parking on the ground level, 4 levels of office space and 7 levels of structured parking. There are two accesses on NE 213 Street and two accesses on NE 214 Street. The building has recently received its Certificate of Occupancy. A site plan and rendering of the building is attached as Exhibit#4. The Project — The owner wishes to erect one 72 square foot monument sign to identify office occupants. The sign is proposed at the westerly driveway entrance on NE 213 Street Citizen Comments —The Community Development Department has received no written citizen comments as of the date of writing of this report. ANALYSIS The property has 300 lineal feet of frontage on NE 213 Street and 345 lineal feet of frontage on NE 214 Street. The building's main entrance is by way of NE 213 Street. The City's Sign Code permits two monument signs for a parcel with 300 feet or more and two two-way access points on different public streets. The maximum aggregate area for the two monuments signs is 72 square feet. The applicant wishes to erect one 72 square foot monument sign on its NE 213 Street frontage. It has agreed to record a covenant that no further monument signs will be permitted for this property. A rendering of the proposed monument sign is attached as Exhibit#5. CRITERIA FOR SIGN VARIANCE APPROVAL The criteria for approval of sign variances are set out in Section 31-191(m)(8) of the City of Aventura Land Development Regulations, as follows: 3 "The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required." The basic intent and purpose of the sign regulations is to allow signage that is effective in indexing the environment, serves as an index to needed goods and services, enhances the physical appearance of the City, promotes traffic safety while preventing visual distraction and is compatible with its surroundings. It is staffs opinion that one monument sign at 72 square feet, where two monument signs in an aggregate area of 72 square feet are permitted by Code, does preserve the unique aesthetic character of the City and is not in conflict with the basic intent and purpose of the sign code. The sign will effectively index the environment, will preserve the physical appearance of the City and will prevent visual distraction while providing direction and visibility. 4 CITY OF MEN Iut.A GRAPHPLEX FFR - 8 2019 SIGNS Sign Design 6 Manufacture INITIAL 2/8/2019 SIGN VARIANCE - LETTER OF INTENT ATTN: THE CITY OF AVENTURA DEPARTMENT OF COMMUNITY DEVELOPMENT RE: THE MEDICAL BUILDING AVENTURA CONDOMINIUM ASSOCIATION 2801 NE 2131H STREET AVENTURA, FL 33180 PLEASE EXCEPT THIS LETTER AS OUR LETTER OF INTENT TO PROCEED AND APPLY FOR THE SIGN VARIANCE OF THE MONUMENT SIGN LOCATED AT 2801 NE 2131" STREET. THE REASON WE ARE APPLYING FOR THE VARIANCE IS TO ALLOCATE ALL OF THE ALLOWED SQUARE FEET TO BE INCLUDED IN ONE MONUMENT SIGN. THIS WILL ALLOW THE PUBLIC THE BEST VISIBILITY. THE MONUMENT SIGN WILL BE A TOTAL OF 72 SQ. WHICH WILL BE FOR ONE SIGN. THANK YOU, APPLICANT/ GRAPHPLEX SIGNS Exhibit 1 01-SV-19 2830 North 28th Terrace, Hollywood, FL 33020 954.920.0905 F: 954.920.0906 Brookewagraphplex.com www.graphplex.com BROWARD COUNTYI+ma rim win iv ITN 1_` i _ DADE COUNTY • • T7'�YTI 'rRA' VT ■ Gutfstrrwn YACHT LUB DR. ■ • Park : l II "MARINA U ■ Arrntnru Subject Site HARBOR COVE ■ Hospital J� WAY CIRCLE • • &Medical V Ll'iWA : r a Center I Q `,Flip t�• Y • vv/ • •• r—. 0 l_ ( „� /tel ■ ■ l Waterways J I ■ ■ m WATERWAYS 1L Shoppesy 207 ST. J ■ ■ , W W S'ir\ Q ¢ COUNTRY CLUB OR. • The N,205 ST. �j • • Promenade V I Shops co O IVES DAIRY RD. • 203 ST. C).(il ■ lle a • C i -1,C.-1 T9 O • I 201 TER. rn • > • c' 0 Turnberry�Isle • m • p, m Resort&Club •• Q a AVENTURA 0.\-v ? lij <2.* a v Fire >- • Rescue Aventura rr 6D v... A. ,_ • • • Station library z V`� is • I O CC mit i • • Aventura Mall • ■ 0 YACHT J2 • ■ City of Aventura 1 • WY LUB ? a ✓ Government Center LEHMAa • ■ 192 ST. WILLIAM • 192 ST. } — �■ O� • 1 191 ST. � 1 Q'C. �_ w ■ MYSTIC T, 190 S . , r Loehmanns y • ■ Fashion ui –i • O • Island C __. a • m 188 ST. • m • , cy • 2 MIAMI a 187 ST. I 33180 w GARDENS DR. .• • •• -- \183 ST. Dumfoundling • �Z Bay • , Atlantic :•101 F • Ocean :• Biscayne Little M -.5; Williams Sotund :• arbour 180 ST. Maids (1'1' N :♦ Lake ■ Point n S • ,. East —1 .harp g 2'• a .. lam PAINT a ;a AST QP r • ■ x . .•.._. LEGEND . , Q : Maine ,• , ____ j Lake • ♦ r r Roadways •(74: . — • City Boundary .041 • r —.— ZIP Code Boundary ■ ♦. / b ` Railroad . . S. / , . J Exhibit 2 01-SV-19 EXHIBIT "K Legal Description of Property .Parcel 1 Lots 1,2 and 3 inclusive, in Block 36 of Hallandale Park Subdivision, according to the plat thereof as recorded in Plat Book 12, Page 37 of the Public Records of Miami-Dade County, Florida, together with the easterly 15 feet of NE 28 Avenue tying westerly of and adjacent to said Lot 1, which was closed by Resolution No. R-1085-87 recorded in Official Records Book 13419, Page 2772. Parcel 2 Lots 4 and 5, Block 36, Hallandale Park Subdivision, according to the plat thereof as recorded in Plat Book 12, Page 37,of the Public Records of Miami-Dade County, Florida Parcel 3 Lots 6 through 10 inclusive of Block 36, of Hallandale Park Subdivision, according to the Plat thereof recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida,together with 15 feet of NE 28 Avenue lying west and adjacent to said Lot 6, closed per Resolution No. R-1085-87. Parcel 4 Lot 6, Block 37 of Hallandale Park Subdivision, according to the Plat thereof as recorded in Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida. Parcel 5 Lot 7, Block 37 Hallandale Park Subdivision, according to the Plat thereof as recorded in Plat Book 12, Page 37,of Public Records of Miami Dade County, Florida Parcel 6 Lot 5, less the west 15 feet of NE 28 Avenue lying east of and adjacent to Lot 5 and the east 34 of Lot 4, Block 35 of Hallandale Park, according to the Plat thereof as recorded in Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida Parcel 7 Lot 5, together with the west 15 feet of NE 28 Avenue tying east of and adjacent to Lot 5 and the east M of Lot 4, Block 35 of Hallandale Park, according to the Plat thereof as recorded in Rat Book 12, Page 37, of Public Records of Miami Dade County, Florida Parcel 8 Lots 9 and 10, Block 35, of Hallandale Park, according to the Plat thereof as recorded in Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida,together with 15 feet of NE 28 Avenue lying east and adjacent to Lot 10. ..-- . • . ... . i) • . I .• ' :. ..., . t " . -. .0116 r . , .... I t1 .:0 .- .. ill. .. , • I .... o rn in < Ei: CO A 11 . . i III .. _ i., .111 III ,,. 44 , 1 .-:".: I . .. -1---1---1 1e Ii ) . •:,\, . . ilieIs .0 III )iltH ,, ,,, ....,.... , \ \ , .. . _ ti....4. ,. ..„ 1 H • '. II allw it $ ..• % '. • •••••2• . ' ) * ‘` • . \ . . ..I -.6..:" I, \ ••AP..1* £' . ,.. -,. UM)5••• 1••=••••11. ....r. .. . .�..f� wawa o.. .., - ` • . 4. _.wawa . LeilLi; .�_ • ff ta•v v • Ai far a.wtaL,va>r � gnaw r..... .... _.. "NW D7 ED •`TVENCILL PMIXING MASA _ --_ — ._. — 4 BALDING CALL...AT1ON5 •u-.•+...+wau...... _. _ ...._. FJ A?MGI WEER In MO OMOOOMP CO•ONO I �� - .. _I .! •1WL ,11. 11 ' t . ' . . - I,• . .1.It. • T1 -'.•'. if MOM • i - •••.O. MOM.... _I..• .... �w..1 e. .. • . t .�. i ..• -s<.f.Os. . 14.E1 k+ •, I11 ? r"7 R - -`r �`��'�a� l 1111 "• O a 'pt.. i. .••1 •naa 1111 'r 1 w•+N-.I j.• .•N j.. •.. w• .� • j.. .•.' •` . -. •' .IN/gLCIITg1 `� t•I .A . _s. • Has. . .off_._.r "- w g 1111 q r^i 1111 s. .a• L � 1•> I 7 ,�_NL waw Er! as- ......... w.e.. Q 1111• .rl •11.11111.1 ut'I.11• - • • • - �� _ 6e gull ' .... MCU•.••I'If.fi . - +•..r-. IOW ._A. y +•.n +.+. 11•11 • ... L 'i s. •-S'- wawa 1111 •P _ - :=� .R...........,«� 1111., N �, .1;11, A : ' 7.-..... 1111 - _ .-.1 t a _ .• .- ] ZONING CALCULATION•`___ —11 11 1. i a• - _taa • a• 'j t• P S 4163.1 y w .-_ . r w ~_ . _ s( v ,tl. • • T �..— ...r' ,+tip 2 -. y • • 1- o. I 1111 . ' I 4 t I I 11 $ Ili "'-' .+1111 II •.Nv.1� I t . ' I. •to i..,......r...•_i I•11•l.i•Z x 1 I•.Li • , F_. 1111t.., _.•,1111.. i • y.r.•".... '�`_ - .. ��. t IV { - _-•-. Fw ........................... L1,• IT Int "'"...',.4. N . N . • 1 ! t ! • T • • ■ T I. • •� �� . SITE PIAN : r..• ..... •. . .. ...... ..• •.... •. U. : GROUND LEVEL •." ' lit. • i FLOOR PIAN IFMA' - — _ AS-101 V 108" (9'-0") _ ___ ip- 98" AVENTURA ,,. _..., ._ , MOaarMu rte n� AA\ MEDICAL TOWER __ 1 Sw SW haw., 4 CO m Meek Sdrtr Pent C) 1r I 1 THEFA il T id IF_IGR0UP L 72 sf r jj � t r ,4 ' ' � Exhibit5 , • ?t ? Left Side View v- 14-f 10 '-1♦r14101 +I T 1 • co 0) B'(4.1(of slope from 2'berm to sidewall.Covered with grass. ` 11 OSign Type_ Monument Sign-End View Scale: 3/8" 1'-0" tit °Chimps We.Ap.am«x. - Fir,,.,,,.,,,. '.4,1:1 4.' r v t t.r i S NF l.at 4 r-.,a, tt- �, i'r n,t , .r ..t a N 44 V IM'.,-t - Y tIh:'rl f, M tat n�1 ` q UN Lt t i ..% n t _ MiaItddrleech Malermrd _ w .\'4 '..4' E 4 _ Gura Genies 0 d g i s r Ai • i Nlitily :7tGam•..so * . it '.w Lt711 II kr': L...t. sw, at . Hellendele = 8 N la i � tyrtreta Beach 1, GOLDEhISIES opt Per10 A ar u nw•r ulor-.. r'jali 1 Lief Moble t I : 1 sw andjE _ GLOOMY'',Par I ' 57 L i WWI,Si . par.n.end Cosmo is a.r a s ' a �• It a 7 :£ The V14yOM i ammo a ♦ • t PStith », i f > ty OulhOrsem Peek Q y KW+s.a 5W act G . IoM slr Net,t 1: Irl tdu N f 7N tC►.9 eW labs tk+, wary h wW. -.._. SW Ile,Ss tW IIP 57 Q r t� •f 71870 0 S•!! 14. i i A.ettlW common. .f y t - v 'll.v i 7 HIGHLA G = a OBesiBul woo" tit ,.r'' LA be moorttr. 7. [�os tt i = SM ii (7Mi a't'4� • N Cay'tri(Alb Ot K 'e'_ ; • Promwtedr Stow O Ys t4 G a tech M:0.1et t r4 10eht r 9 lit 7 i 0 O w4 Dorada �p fontlo Assoc:aittlw, t 118411ehlent 1 act P: IT" t ...sir. �y _ �. ` ergWV i O E d A m ii o t 3 K=MI..'. 1 ili ) i . i st IP tp,tnr•t M 1e01-:t ilii - eta 17et,t'.rqr-• Vacht Mb At411P • M t•,,,,.. '. E ' Arentura FtOrlyO II: , t ' /••} P Ili - F tli r. • :{+ice �• ' t..t♦ • - — ` moi: - N .t-t�&Y,1 ``M i I n r„ II syn R K ` ` W 7/...I�" E • t �' _ - S. t -' • "" in....... • •Nr.,,,i ..ni. i ' �, , �>.,r.. , iimill *era .. u.:e .. LAveeve. marer.ir 111 illi .. . • 1`z ' �•:=/ ////////////,... '.�,.V%%W///%%/�%'�%%/%%i///,r 143,' % :�G%%7%:.`.fU%%%%%%%%G%%%%%/4 / , -• -e — ..t. r.iii.,,,. �i , ilii/iiiiiiiiii i% / AtitminfiriiiiiiiirmisRommempii.iesuft. aim Airameriris -1.-: ....”,-.•Allitlf I pale ii....i's. II r , 'y 4' I p elaw 81 a. './.. ! '''.ir• ' -.I. , " ...i :: IP P4 '' ''''' i; NMI 01110116Lair :, (Di -::--- 1_, timir o� � z -- iN—a!7n ii1 1 Tel 101'26 OTT 00.0T _ r,v ea 11.1113.W fCOO' 1 IL i :r..�: I wave WM..: I �: I• •,•�.i r, I I , • i Z 1 t . C IIIIIMIOURI 10 Novi -"NE ®, r -17AWIEL, k. • . _• _ Jss-- .,L i-•'°s-.• .a 1.•0 l•.1• I.^ , _.7 .� •.n ' T - or wee ' •. 1' —Hew—idikk a •," U... .. ..U....! 0.©t •. 00..3. 0$ 50 I ©Site Plan Scale nts APPROVED AS SUBMITTED BY: DATE: S 1 G NES 958.920.0905 CLIENT: AVENTURA MEDICAL TOWER DRAWN BY:RI. Sy.Oetigr i WnAecture ••••••"wholes.. ADDRESS: 2801 N.E.213 Street Aventura,FL ri APPROVED AS NOTED BY: DATE: 1 rI30N.uo 201.tows-$o11T.ee0.fI,,.31020 _ --1 TN*oRKTol.n.rw...ON COTTA ION TOM Cano..A_ON meo I SIGN TYPE: DATE:09/12/2017(101412017)(12/29)(6121 X(8126K6127X7/2X7116)(7/17)(7/27)(&2X817)(9.6X1019X10/18X11/1SX11127X2iT119) Os PIAL ORw.to O.[�.. O TOO/weaI �eaOEOTOOOT�00O1•00/0,10. E X I D—4 RLENAME:Aventura Medica Tower I Aventura Med.d Tower•at•VARIANCE i fYTNO.ff ef..T1IN McYw.00N►ROY O •Pori.fi moot PAGE:95 la r 0 ©1 - • — v� .• , I ,i IIk i R• ■ • - , aks.© �,�MO i mom, — 0 :1:_:NIIIIIIt-7 .. iii, ...la; i■4„„, ir r•• rte• 7�� is y ��� AIX ZoialsAla;fr.• I.tr, •4 .,•;:f.-i 1! ) ®0 vo ®_. Ill All e.,11/ ,0 C., MP' airt:15r 1;1 _ a+� ®4 -.•• ©(, r ku., L I" ®® _ �� ® .;.tom *�� W �� �'! jam ' .. ® �e�Vii.\ i�•�,�? 11111 � O r-- sr --.;•-ti.. 4 to,,,....u_,;!-460.eviiirltd111,11111. WO. , uwec •-77- 1—ti•_, _ _ . t_ --0 y•rye.w - ---- ► ... C 1,4: - . - MINIMUM 160 SF OF LANDSCAPING .. - ON...._a-..,,. _ ,_- -�-%5 a REQUIRE D"ARrOU�ID SIGN �•. �, � E , slate ark .1 Y K DELAWAREr•JE PER pi - J. LANDSCAPE PLAN NORTH - — — — I APPROVED AS ammo BY: DATE: 1 sG I C N E S 954.920.0905 CUENT: AVENTURA MEDICAL TOWER l I J DRAWN BY:RL Spn 0•Tb'i M•„„Leta• ...vivo..can ADDRESS: 2601 N.E.213 Street,Aventun,FL I1 APPROVED AS NOTED BY. DATE: I 281u Noah Ma t•a•a•Men,.•a0.2,rA•)]710 - w.r aeow.i oT.wwo ton co.v,NI ren TWO COMMOCnnn0„ d DATE:09112/2017(10W2017)(1N29)(8f21X6,26X6127X712X7118)(7n1X7127X812X3J7X916X109)(10128)(11n5X11rz7J(2Rn9) ron A...ACC 1 ME Mu.noro•ow Tp.TOIL n n NOT TO OK COSMO SIGN TYPE: E X I D T OTMOU°aanNsnir KwwM•n4i ow+o°i'�MTOUR OMS owo..vAnw I FILENJWE Ave0h2ra Nedidl TowM 1 Av9nUri AleQitei Tomer•EX4-VARIANCE PAGE:04 APPLICANT REPRESENTATIVE AFFIDAVIT tit 0 Wsu&nw Soar 3141(e)RNI of M City d MountWtlDMrynrn Cab.Ws Oros HavesentstireMeaniN sa mmen Re unEaMewed mememoirs essesirsN Ni.nerve orrery/OWN b B.Derbpesi Permit MM aNro'f sa0^n Penetsan saccomanwe aspmog Mat e toeOi r(I sublect rre in 3I SWluebn IN Sean))bare/We len ad Went all mord MONISO ,the YMrgmY or me eWaacc as Wows Name Relationship(u.Morns&Ammeat Landscape A A�Id /rcllack Eraa.era Laatyara Etc) M.i ManCi SL- ian OnSALA1--o.nt OD&J WG 14_2✓ Serb rlun5.u-44an4- tn.lhc Ito , ea Surveyor — antiri r) [4 /kin I.Anv+uin fi-rth fed- -mama Sheets I/Necessary)or ICE ANY STATEMENT OR REPRfSFIITAi10N MAW BY Ary PERSON MET ED ON THE APPICIar REIRESEMTATNE AR6a II SNAIL BE MOW UPON 1W NdVOOAE OR ENTITY APPLY*FOR TIE DEVEI@IFIn PERIM AFD TIE OMEN OF THE SUBJECT PROPERTY. APPtJCANNS MD AFMANTS ME AMUSED TO TIMMY SWNELENT MIS OMOANI PURSUANT TO SEC.31.1711;0(111)OF TIE arts LAN,DEVELOPMENT REGULATIONS N THE CM COO,II THE EVENT THAT PRIOR TO CONSMERATNN OF 1W OVULATION BY THE CRY BOARD OR COMISSOI. ME INFORMATION PROVIDED N THE AFFIDAVIT ENCORES NCMIRECT OR NKONPLETE. WITNESS MY TWD THIS DAY OF_ 3)0_ AUTHORIZED REPRESENTATIVE OF APPLICANT' OWNER By DY—_ Acast Nome AU ,J Nan he Ptie er 4-- F4 Ht. (M mew Tire. Tale. _ tiaras._ Aram. .1tod7 NE .24p"4$i nVnt Alan here rt 13/76 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) 1 timbre me Ire undersigned auNM � h ps' Ny appeared1 A CVI ' LII- I as the a1ha was repesamaaa d the AWMI tutor the Dever of Ne ply uq*C b De eWNulian.vim b* Net by me dry near,9E swear or arm NN NNehe execuee NS AMMI ler the imposes ear Neran and NMR N he aM COMM SWORN TO AND SUBSCRIBED BEFORE NE day of -r ! •P-74 SW" ItNN of Nebo l s•um l I� NI� Ay • ease: E&ten i � '" •: uYClaSBON tins ' .maaedllrvrluraYP . BUSINESS RELATIONSHIP AFFIDAVIT" This AfdaA b made Pursuant to Section 31-7l(b)(2)(ii)d the Chy of Avenbn fend Development Code. The undesgna Aped hereby di es Utah (mak Wert applicable portions only) 4w 1. Agan does pp)have a Bahasa Relafanhp with any member of he City Canmssbn or any City Advisory Board to which the application XI be presented. 112 Affront hereby decrease That p does have a Business Relationship with a member of the City Canmislon or a City Advisory Board to which the application MI be presented,as lobes: (UP name d Commissioner or Mviay Board Member) who sores on the (List City Commission or Oh Advisory Board upon whish member serves). The nature of the Business Relationship a a Idiom: III. Member d Ciry Commission a Board holds an ownership Merest in excess d l%d total sisals a capital stock of Applicant or Represntative, Nil Member of City Co min or Bad b a faker,coeharehddw(a to shares of a aapaatbn wrech are not listed on any national or regional stook exchampe)ar joint venturer with the*bat or Representative in any business"mus (IIA. The Applicant or Representee is a Clint of e member of Me City Commission a Bawd ore Client d another professional waking km the same Pica or ter the sane employer a the member of the Ciy Commission or Board; I)iv. A City Canmssbra or Bard member b a Giant d the Appliant or Representative; II v. The Applicant a Representable is a Customer of the member d the City Conflation or Beard(or of his a her employe)and traaab more than 11Op0000 d Ma business d the member ofthe City Commission a Board(or hear her employer)In a given calendar year; I I vi. The member of the CAy Commission a Board is a Customer of the Mikan or Repeeldatke and frnswis more than$25p00.W of the business Phe Applicant or Representative h a given cant yen. WITNESS MY RANO THIS DAY OF 2W_ APPl1CANT: By. (SpaMwa/ Ben: Mm! Title. Mbdl WITNESS MY HAND THIS DAY OF 200 PROPERTY OWNER: By (Sgalure) Name: Mme Title: Ml/ The te,nc Business Re1atiarslxp,' 'CN'en,,' 'Custanu' 14,oplcea." 'Representative"and 'Interested Person'ale defined in Seth on 1-395 dthe MenMa City Code. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIMII-0ADE) Q 11 Y` cI Bebe me,Me mdrq d ssuavity,prsmiy appeared hakt �*.'4me A1int who berg MII M me duly weer cid vacs or dem Fr nwe wooded this MWS b BRpurpsesehkd Meek and ma tis true and area AmANT SWORN TO AND SUBSCRIBED babe me this.22 day cl_kbst 4y2oIi .. &r,. Q DIANA I..MAJOR Flops -- : \ s Notary Publk-Stale of Florida i Commission Y FF 176150 -MNobrytZ� My Comm.Eapina Mai 16,2019 camislmaspYo'.. _� I • STATE OF FLORIDA ) COUNTY OF MIAMOAOE) Bebe me.the undersigned Whaley,personally appeared __ - _M Arent who bas Fort by me duly awn.did del a team that bathe executed Buis ARdsta b the papossslsledbeein dud Mal h b huerd coma NFIMIT SWORN To AND c'LAa'al9ED bete me Nb_ day of_. 201_ Nary Risk Sae of Wide Al Large RadNone army My commission spies: STATE OF FLORIDA ) COUNTY OF MTAMCDADE) • Deka me.Ne uedasyMd ejtuy,personally spend__ flMkr,-bS Md by ma duly wan,cid der or affirm that SAN soled this AMi6 W b the pardons saad Marin and that t b is and owed AFFIANT -.--.- . SWORN TO AND SUBSCRIBED beta me Iris _day of__ _,300, • Nary Fac Staled ENO*AI tame Riled Nene of Nary- My`mvalsam[spin-- _ STATE Cf FLORIDA 1 COUNTY OFMMMT-OAOE) Babe me.M mMspnad authority.persailly sired_ Ne NSnt who bene hist by me duly wan,cid ser a els that h Wb needledmb ANSI for W puryoss Naiad dean rd Melte true and ora AFFIANT SWORN TO AND SUBSCRIBED babe meitis_ da of - _ _200_ Nary Public Sle of Florida Ntame Riled Name oINS.y --_— • Myammmimcapita_ _._ h WITNESSMY HAND THIS')? DAY OF&e bit/16 E 1 .2047 REPRESENTATIVE(Lind on/ Business RelationshipAffidavit) Br A11�2D LOtQJJ ,s ware) By:_ lSgrware Name:RDAs s Wad L i (Piing Name: (Pima Tula: I�n En.-cu-ikai/pnd Title: (Thug BY. (Signature) By: (Sgnaa'e Name:__ (AMU Nave:_ Print) Title: Pint) The: (Pin() BY: (Sgnature) By: (Sgrwtuie Name: (Preu) Plainer_ (pnt) The: Mina The: Pian) By: (Sgnaarg BY: (Si¢wture Tale:_ Rab The: PRY& Tile: Mina Tae: Ping By— (Signature) By: (Signature Tele: (Pant) The: (yrynt Title: (ane TYIe: "Ma By: (signature) BY: (Sgnatrre nue: (Rini) Tile: glint) Tile: Piing The: (RnQ NOTE: 1) Use duplicate sheets if disclosure information for Representative wrier 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec.31-71(bg2)(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. BUSINESS RELATIONSHIP AFFIDAVIT* "0" This Affidavit is made pursuant to Section 31-71(b)(2((ii)of the City of Avenlura Laid Development Code. The undersigned Affiant hereby discloses That (mark with"x'applicable porfions only) Kf 1. AIfianl does rel have a Business Relationship with any member of the City Commission or any City Advisory Board to which the appNcation will be presented. 112. Affiant hereby discloses that it does hash a Business Relationship with a member of the City Commission or a Cay Advisory Board to which the application win be presented,as follows: (Lot nave of Commissioner or Advisory Board Meurer) who serves on the (List City Canmssion or City Advisory Board upon which member serves). The nature of the Business Relationship s as follows. I I i Member of City Commission or Board holds an ownership cterest in excess d 1%of total assets or capita'stock ofAp9canI Assasentetise. ()ii. Member of City Commission or Board a partner,co-shareholder(as to shores of a corporation which are not listed on any national or regional stook exchange)or joint venturer with the Applicant or Representative in any business venture', I I iii. The Applicant or Representative is a Ghent of a member of the City Commission Of Board ore Client of anther professional working from the same office or for the sane employer as the member of the City Commission or Bond: (I iv, A City Commissioner or Bead member is a Client of the Applicant or Represenlative, I% The Apdicenl a Representative s a Customer d the mender d the City Commission a Board(or of his a her employer)and transacts more Inn$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given Sender year; I I vi. The member of the City Commission a Board a Customer of the Applicant or Representative and transacts mare than$25.000.00 of the business of the Apptcnl or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ) spm 2041_i APPLICANT: By: '].,`ice- (Signature) Name: tl• �y Q L-w."t, (Prix) Tone: /J1 (Prio) WITNESS MY HMD THIS DAY OF - , 2C'_`, PROPERTY OWNER: Y—, rel Name: o-. r r: STATE OF FLORIDA f NOTARIZATION PROVISION COUNTY OF MAMIOADE) Bebe me,Ne undersigned authority,personally appeared L. - 41P- I.': itma Mont,whwbeig test by me duly swan,did swear a affirm that he/she pealed this ARdail b the purposes stand therein and talk is bite and oared. , • AFFIANT, SWORN TO AND SUBSCRIBED[wince me this day L--: 201 ' ELIIABE :s I �iklaryPub4c Slate olHai*Mage " MY COMMISSION#GG 1B4775 Palled Named Netter ' :S ed. EANRES Anti]62022 + Mr cornmiselen exp ire `.—B wkasUbruL.+h. STATE OF Fl COUNTY OF MMM.DADE) Bebe me,the undersigned authority,personally appeared _-_ _the Alan',who bang first by me duly swan,dM swear a affirm tlwlhyahe earuled Ydf Affidavit b the paposee sltd therein and that A is bus and correct AFFIANTSWORN TOW SUBSCRIBED bete me this _day of _. 200_ Nary Pudic SIM of Florida At Large Printed Named Notary My commission spires.___ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE} Before me.the undng ed authority,personalty appeared_ _the Mani,who being Mal by me duly sworn,did swear or alarm that heyhe executed Ni ARdmil fix the papaws shed therein and that Bis Ne and connect. AFFIRM -_.-. -- . SWOIN TO AND SUBSCRIBED belie me his_ _clay or_ _ _.,Ztl0_ Notary Pubic Stale of Fable Al In Printed Naos ore/Mary My mmmteSwi eepbes:_ _ _ STATE 6FLORIDA ) COUNT),OF MAIM-DADE) Bebe the undersigned authority,personally appeared the Affenl who being fest by me duly sworn.dd weer or affirm thM helve executed this AfiMilfor the purposes shed therein and that it is bussed correct AFFIANT SWORN TO AND SUBSCRIBE()bete me Nis _dayd - _ 200_ Notary Pudic Swot Finch At Iege Rided Named Notary -.-- My=mission espies. __ _ BUSINESS RELATIONSHIP AFFIDAVIT" This Affidavit is made pursuant Io Section 31-71b)(2)(ii)of lie Cily of Aventura Laid Development Coda The undersigned Arran hereby discloses that (mark with'K applicable portions only) pc1. Mani does not have a Business Relationship with any member of the Cily Commission or any City Advisory Board to which Me application will be presented. [)2. Allam hereby diisdos es That it does have a Business Relationship with a member of the City Commission ora Cily Advisay Board to which me application wB be presented,as Mows: (Lisi name of Commissioner a Advisory Board Member) who serves on the (List Cily Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: (Ii. Mamba of City ConmSsion a Board Adds an ownership interest in excess of 1%of total assets or capital stock of Appkcant or Representative, O ii. Member of City Commission a Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional slack exchange)a joint venturer whh the Applicant or Representative in any business venture; [IN. The Applicant or Representative is a Clad of a member of the City Commission or Board Of a Genf of another professional working from the sane office a for the same employer as the member of the City Commission or Bawd; O iv. A City Commissioner or Board member is a Client of The Applicant or Representatie, ()v. The Appkean(a Represadelive s a Customer of the member of the Cily Commission a Board(or d his a he employer)end transacts more than$10,000.00 d Me business of the member of the City Commission or Board(a Iva or her employer)in a given calendar year, O A. The member of the City Commission or Board is a Customer of the Applicant a Representative and Iransacts • more than$25,00800 of the business of the Applicant or Representative h a given calendar year. WITNESS MY HAND THIS DAY OF 200_ APPLICANT: By. /5ignaIure) Name: Mia) Tive: (PPM) WITNESS MY HAND THIS DAY OF —20C_ PROPERTY OWNER: (Signaluti Nacre: (PSI) Title Rmti The terms Business Relationship,' flog" 'Customer," Applicant," "Representative'and Ynlerested Person"are defined in Section 2,795 of the Avemra Ci y Code. STALE 6FlON6A ) NOTARIZATION PROVISION Cama WHOA E) .1 Bebe red M Mldobrid sully*.personally Azle,lifoilot Agar( Ml by me duly sworn,did swear or affirm Mel hdae euaMlnARki b P.pvpwo olgeslfrwein awl lultb YafYq cared SWORN TO AND SUBSCRIBED before muldeyalkkligQ VAC,. NotaryPublic Stela el Holds VS" NILAOROS SALOADO Pnnme N.medNolery w +`�' Comlbtknt6O2376% My raMmen FryYel Aly16,3072 STATE OF FLORIDA ) COUNTY OF MAAMDADE) Balaeme the underodbed llty pwsondlyappeaed _ Ne*dant.who bene brat try me duly swan,db weer or Thal Suebertha he AAdei Wine Wrposesalsled Meats end Mall tva correct __ IFFlANi SWORN TO INC SUBSCRIBED before me MTs_ day o! .pB_ Notary PWrc Stele of Florida Al Large PIAbd NemecINday _—...— Mycoaanicdnupha', STATE OF FLORIDA )------ --- COUNTY OFMAM-0ADE) Bebe me,the underaigrmd[tribally,peaondy aid _the Albert who being Arra by me duly swarm da swear or affirm uY Wel* aeub deAlyderafor Me purposes Wed Med cud NMtb dm and carred. ll ' AFFIANT -- -- -- - SWORN TO AND SW SCRIBED bebe me lNs _day ol_ 200_ Notary Public Slab of Mathis AI Lege Reed Nemo of Nadre My ooneedlon amiss'. _. STATE OF FLORIDA ) COAT*OF MIAMI-DADE) t7 Before me,Me undersigned oudonly.pwsanSly apeaa — _ _ _. the ARienl,who being Est by we duty sworn,did ver or atkn that lldahe euended this Mdanl Mede pufposes slated Men end NMals hear owed AFFIANT_. t SWORN TO AND SUBSCRIBED before me Pow day of _Tge_. 1 Nolzry Putin Stele W Florid M Lags NisiMN:me Of Nonry MY commission noway_ WITNESS MY HAND THIS V DAY OFT hhAary AV REPRESENTA :(Listed on Business Relationship Affidavit) By: ISI' Wm) By: (Signature Name:(4Y l os lborrc f t) Name (Pint) Title) Su Iry(NoY /Rt() Title: _.. _ (Print) By: _ (Signature) By. (Signature Name: (Print) Name: (Pint) Till: _ _(Pring Title._ (Pint)) By_ (Signature) By: (Signature Name: (Print) Nana: itt* TAIe AS) Title: IP/4 By: (S9ne+1le By: (Signature Tide: _ (Print) Mt (Ail) 1 Tide: (Pring Title:____ • (Print) By: _ (Signature) By: (Signature TRW (Ail) Title: (Pint)) Title: (Print) TAIe:_. _ (Pint) By (SOMA) By: fSgnalure Title: (Pin!) Tide: _ (Pring Title: (Print) Title: (Print) , NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants arc 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, BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark wnh'x'applicable portions only) [v(1. Affiant does not hale a Business Relationship with any member of the Cily Commission or any City Advisory Boyd to wfiich the application will be presented. I Affiant hereby discloses that it does have a Business Relationship with a member of the Cly Commission or a Cily Advisory Board to which the application will be presented,as follows: (List name of Commssioner or Advisory Board Member) who serves on the (List Cily Commission or City Advisory Board upon which member serves). The nature of the Business Realionship is as idlows: I I i. Member of Cily Commissron or Board Adds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative: [j ii. Member of City Commission a Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stow exchange)or joint venturer with the Applicant or Representative in any business venture: [I iii. The Applicant or Representative is a Client of a member of the City Commission a Board or a Client of another professional waking from the sane office or for the same employer as the member of the City Commission or Board: [I'rv. A City Commissioner or Board member is a Client of the Applicant or Representative, [I v. The Applicant a Representative's a Customer of the member of the City Commission a Board(or of his a her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or ha or her employer)in a given calendar year, [I W. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 200 APPLICANT: By: (Signature) Name: (pky) Title. (Prig) WITNESS MY HAND THIS DAY OF 200 PROPERTY OWNER: By: (Signature) Name: Nara) Title: (prim) The terms 'Business Relationship,' `Cliera' 'Customer," 'Applicant." "Representative'and "Interested Person"are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS Yl DAY OF Fi b t.,c•-• U 28111: REPRESENTATIVE:(Listed on Business Relationship Affidavit)( B . p- (Signature) By: (Signature Name:: t let Cu i o Fc.r c (Priv) Name: _ Pont) 'S Title,);cr LIC.--i I .,tf (Print) Tile, (Print) By (Signature) By: (Signature Name: (pin) Name: (pint) Title', _(hint) Title: (Print) By:_ (Signature) By: (Sgnature Name: (Punt) Name: (Pont) Title: (Psi) Title: (Punt) By: (Signature) By: (Signature Title:_. _.._(Pni) rine: (pint) Title: (Print) Title', (Priv) By: (Signature) By: (Signature Title: (Print) Idle; (Print) Title'. (pint) Tele: (Purl) By: (Signature) By: (Signature Title: (pint) Title: /pin) Title: (Print) Title:_._ (PTO NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3I-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY CF MIAMI-DADE) I Beare me,he undersigned authority,personally appeared N1 ILL n;ry,.t/�II sir. the Adxnt,who bellg first by me duly sworn,de swear or affirm Nat he/she executed this ARdant for the purposes stated Meted and that it N true arid oared .. . iy AFFIANT SWORN TO AND SUBSCRIBED belle me this/ day&IP k✓Hatt 2O$/ DIANA L.MAJOR Nary0 f Fray bp, T, Notary Public-State of Florid; Prim (Notary / j Commission if FF 178150 Mycommission expires:„ / - °`' My Comm Fxpires Mar 16,201 STATE FLORIDA ) COUNTY OF MIAMI-DADE) Before me.the undersigned authority,personally appeared the Affiant who being first by me duly swan.did swear or affirm Nat he/she metaled this ANSI for the purposes stated therein and Nath is Yue and correct AFFIANT SWORN TO AND SUBSCRIBED halon¢me this day of ,_200_ Notary Public Stab of Florida At large Ponied Name of Notary My commission axpias. STATE OF FLORIDA ) GOURD(OF MMM(-pADE) Rewe me,ore undersigned authority.personally appeared -__the Affiant who being first by me duly swan.did swear or¢arm that hershe mewled this Affidavit forme purposes stated therein and the/h is tue and coned. AFFMNT SWORN TO AND SUBSCRIBED bete me Nis day of _200_ • N&ery Pudic Stated Maths At targe Printed Nacre of Notary My commission expires:__.. STATECF FLORIDA ) COUNTY 6 MIAMI-0ADE) Before me,the undersigned authority,personally appeared _ the AMent,who being first by me duly sworn,did swan a affirm Nal he/she executed this Ardent for the purposes stated therein and that his lobe and correct. AFFIANT SWORN TO MID SUBSCRIBED bete me Nis__day d,___ Notary Public Slate of Fonda At Large Printed Name of Notary My commission expires _ ® BUSINESS RELATIONSHIP AFFIDAVIT* a;�w The Affidavit is made pursuant to Section 31-71(b)(2)(0)of the City of Aventura Land Development Code The undersigned Affiant hereby discloses that: (mak with Y applicable porticos only) Alfanl does not have a Business Relationship with any member of the City Commission or any City Advisory Bead to which the application will be presented. ((2. Affiant hereby discloses Thal it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows' (List name of Commissioner or Adveay 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. II i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or caplet stock of Applicant or Representative; I)ii. Member of Clly Commission or Board Ls a partner,co-shareholder as Io shares of a corporation which are not listed on any national a regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; O 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 Of for the same employer as the member of the City Commission or Board; I(iv. A City Commissioner or Board member is a Client of the Applicant or Representative; I)v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his a her employer)and transacts more Than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year, (I W. The member of the City Commission or Board u a Customer of the Applicant or Representative and transacts more than 525,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF APPLICANT: By: (Signature) Name: (Prier?) Title: (Pant) WITNESS MY HAND THIS DAY OF PROPERTY OWNER: BY: (Signature) Name: (Print) Title:_ (Print) 'The terms Business Relationship," 'C/ren(" 'Customer" Applicant," 'Representative"and 'Interested Person"are defined in Section 2-395 of the Avenlura City Code. WITNESS MY HAND THIS DAY OF ,200_ Si, (Listed.� :•siness Relationship Affidavit)/ .� 4 /By —! (Signature) By: � (*natureName.'�PTLIDi EtJ c.tt1l'rl✓ (Pring Name: (Prins) Title: (NU)f Wirt AdLNt TiC7(Print) Title: (Pant) By: (Signature) By: (Signature Name: (Punt) Name: (Point) Title: __.(Print) Title: (Pring By: (Sgnature) By: (Sgnature Name: (Print/ Name'__ (Pring Title: (Pant) Title:_._ (Print) By: (Sgnature) By:_ (Signature Tide: Title: (Print) (Print) : Title: (Print) Title:_ (Print) By: (Sgnature) By. (Signature Title: (Pont) Tale',_-- (Print) Title: RS) Title: _ (Print) BY. (Signature) By: (Sgnature Title: (Print) Title:_-_ (Pang Title: (Pant) Title: .__ (Pring 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 OE FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared_AAW_A Alf iirsyylie AMonJ4 o being firs)by maololyowocn,did swear or affirm that he/she mewled this Affidavit for the purposes slated therein and Thal B is We and calico. )(A,F SWORN TO AND SUBSCRIBED before me Ibis. 2 day of_FE13_ .2009 / •%.^ .'_ VALERIA S. SOTO _ fl . Pus.T Fb...A}Lage� E*. i'= MY COMMISSION M GG015637 `� •Lo-Lc+ EXPIRES 26,2020 Ptinnlled Name of Not `9v n,•` July ay My commission expires:.71_W2,0 STATE OF FLORIDA ) .___._...._..._.-_ _ COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the AIfianl who being first by me duly sworn,rid swear or affirm that he/she executed this Af dasil b the purposes slated therein end that it is true and Correct. 1 AFFIANT SWORN TO AND SUBSCRIBED before me this day of_ ____ 200_ NotaryPublic Stale of Florida At Large Printed Name of Notarye My commission expires:_ 1. STATE Of FLORIDA ) COUNTY OF MAMEDADF) k. Beforeme,the undersigned authority,personally appeared the Affiant,who being first by me duly swan.did swear or Storm that he/she A mewled this Affidavit la the purposes slated therein and that it Is hue and correct. Z AFFIANT X: SWORN TO AND SUBSCRIBED babe me this day of______ R Malay Pude Slabs of Fluids Al Large r Printed Name°NNotary--- f My commission expires: STATE OF FLORIDA -- -- - COUNTY CF MIAMI RADE) . T Reface me,the undersigned authority.personally appearedthe ANianl,who being first by me duly swan,did swear or eMrm Nal he/she executed NU AAMaii Millie purposes staled therein and that itis true and correct. Y AFFIANT - - SWORN TO AND SUBSCRIBED before me this___day of_ ..c 200_. Notary Public State of Florida Al Large Printed Name al Notary My commission expires: 1 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE AVENTURA MEDICAL TOWER AT 2801 NE 213 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, The Medical Building Aventura Condominium Association Inc., through Application No. 01-SV-19, has requested a sign variance to permit one monument sign measuring 72 square feet on the NE 213 Street frontage of its office condominium building at 2801 NE 213 Street, City of Aventura, where one monument sign measuring a maximum of 48 square feet and a second monument sign measuring a maximum of 24 square feet is permitted by Code; and WHEREAS, the property described herein is zoned MO, Medical Office District; 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 for a sign variance for one 72 square foot monument sign 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 No. 01-SV-19 for Sign Variance to permit one 72 square foot monument sign on the NE 213 Street frontage of the office condominium building at 2801 NE 213 Street, legally described in Exhibit "A" to this resolution, is hereby granted exclusively to the applicant, with the following conditions: 1. That the sign submitted for permitting comply with the drawings submitted with this application, those being: • "Aventura Medical Tower", Sign Rendering, Page 01, prepared by GraphPlex Signs, dated 09/12/17, last revised 2/7/19. • "Aventura Medical Tower", Sign Type: Monument Sign — End View, Page 02, prepared by GraphPlex Signs, dated 09/12/17, last revised 2/7/19. • "2801 Aventura Medical", Landscape Plan, Sheet L-101, prepared by Synalovski Roman Saye, dated 02/19/2016. • "Aventura Medical Tower", Landscape Plan, Page 04, prepared by GraphPlex Signs, dated 09/12/17, last revised 2/7/19. City of Aventura Resolution No. 2019- • "Aventura Medical Tower", Site Plan, Page 05, prepared by GraphPlex Signs, dated 09/12117, last revised 2/7/19. • "Aventura Medical Tower", Illuminated Monument Sign — Details, Page 06, prepared by GraphPlex Signs, dated 09/12/17, last revised 11/27. • "Aventura Medical Tower", Proposed Sign Location, Page 07, prepared by GraphPlex Signs, dated 09/12/17, last revised 11/27. • "ALTA/ACSM Land Title Survey", One Page, prepared by John Ibarra and Assoc. Inc., dated 11/03/2015. 2. That this monument sign shall be the only monument sign permitted for this property. The applicant shall record on title, at its cost, a covenant in form satisfactory to the City Manager and City Attorney, to confirm this condition for itself and its successors in title. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. 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 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 2nd day of April, 2019. 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 , 2019. CITY CLERK Page 3 of 3 EXHIBIT"A" Legal Description of Property Parcel 1 Lots 1,2 and 3 inclusive, in Block 36 of Hallandale Park Subdivision, according to the plat thereof as recorded in Plat Book 12, Page 37 of the Public Records of Miami-Dade County, Florida, together with the easterly 15 feet of NE 28 Avenue lying westerly of and adjacent to said Lot 1, which was closed by Resolution No. R-1085-87 recorded in Official Records Book 13419, Page 2772. Parcel 2 Lots 4 and 5, Block 36, Hallandale Park Subdivision, according to the plat thereof as recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida Parcel 3 Lots 6 through 10 inclusive of Block 36, of Hallandale Park Subdivision, according to the Plat thereof recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida, together with 15 feet of NE 28 Avenue lying west and adjacent to said Lot 6, closed per Resolution No. R-1085-87. Parcel 4 Lot 6, Block 37 of Hallandale Park Subdivision, according to the Plat thereof as recorded in Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida. Parcel 5 Lot 7, Block 37 Hallandale Park Subdivision, according to the Plat thereof as recorded in Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida Parcel 6 Lot 5, less the west 15 feet of NE 28 Avenue lying east of and adjacent to Lot 5 and the east%of Lot 4, Block 35 of Hallandale Park, according to the Plat thereof as recorded in Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida Parcel 7 Lot 5,together with the west 15 feet of NE 28 Avenue lying east of and adjacent to Lot 5 and the east 114 of Lot 4, Block 35 of Hallandale Park, according to the Plat thereof as recorded in Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida Parcel 8 Lots 9 and 10, Block 35, of Hallandale Park, according to the Plat thereof as recorded in Plat Book 12, Page 37, of Public Records of Miami Dade County, Florida,together with 15 feet of NE 28 Avenue lying east and adjacent to Lot 10. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission 1 FROM: Ronald J. Wasso Vdr City Manager BY: Joanne Carr, AIC S� Community Development Director DATE: March 28, 2019 SUBJECT: Proposed Amendment to City Code Chapter 31, Article XII, Nonconforming Uses and Structures to add exemption for improvement of Assisted Living Facilities (02-LDR-19) April 2, 2019 Local Planning Agency Agenda Item A April 2, 2019 City Commission Meeting Agenda Item Ti May 7, 2019 City Commission Meeting Agenda Item _ RECOMMENDATION As discussed at the City Commission workshop meeting of February 21, 2019, the attached ordinance is presented for recommendation by the Local Planning Agency and approval by the City Commission of a request to amend Section 31-272 "Expansion of nonconforming use or structure" and Section 31-276 "Alteration or enlargement of nonconforming structure" to add an exemption for alteration or enlargement of a lawfully nonconforming Assisted Living Facility uses or structures. THE REQUEST Imperial Club, LP, is requesting an amendment to the Nonconforming Uses and Structures Article in the City's Land Development Regulations to permit alteration and enlargement of an existing Assisted Living Facility at 2751 NE 183 Street, City of Aventura. The applicant's letter of intent is attached as Exhibit#1 to this staff report. BACKGROUND The new owner of the Imperial Club Assisted Living Facility on NE 183 Street proposes to upgrade the exterior and interior of the building. The exterior improvements include painting, porte-cochere and signage. Interior improvements include removal and enclosure of the existing outdoor pool area to provide a new common area and amenities for the ALF residents. The property is zoned B2, Community Business District. An Assisted Living Facility is not a permitted use in this district. The building was constructed under Miami-Dade County Code approval, prior to incorporation of the City's Land Development Regulations. The use is considered legal nonconforming. Article XII of the City Code regulates nonconforming uses and structures. It provides that a nonconforming structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of the Land Development Regulations, that is, on July 13, 1999, unless approved as a conditional use with the specific conditions listed in Section 31-276. This property cannot meet those specific conditions; therefore, the current regulation would not permit the proposed enclosure of the outdoor pool area for use as resident amenities. The applicant is requesting an amendment to Article XII of the City's Land Development Regulations to exempt alteration or enlargement of a lawfully nonconforming Assisted Living Facility use or structure, where the alteration or enlargement is limited to common areas and amenities for the Assisted Living Facility only and does not increase the number of beds, number of employees and/or building height. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed amendment to the Nonconforming Uses and Structures regulation in the Land Development Regulations follows in underlined text: "ARTICLE XII. - NONCONFORMING USES AND STRUCTURES Sec. 31-271. - Purpose and scope. The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs which do not conform to the requirements of these LDRs. Many non- conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this chapter. 2 Sec. 31-272. - Expansion of nonconforming use or structure. A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested rights pursuant to subsection 31- 3(b)(2).or as provided in this Article. Sec. 31-276. -Alteration or enlargement of nonconforming structure. (a) Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that: (1)The enlargement or alteration itself conforms to the requirements of these regulations; and (2) The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and (3)The use of the structure is conforming; and (4) The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in these LDRs. (b) This section shall not bar an alteration or enlargement which is authorized by subsection 31-3(2)b., concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested. jc) This section shall not bar an alteration or enlargement of a lawfully nonconforming Assisted Living Facility (ALF) use or structure, existing at the date of adoption of this section (c), where such alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds. number of employees and/or building height. ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 3 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan, specifically, Objective 1 and its measure of the Land Use Goal in the Future Land Use Element which states that "the Land Development Regulations shall provide a cohesive blueprint for development and redevelopment of the City that accommodates growth while maintaining the integrity of the built and natural environment." The measure of Objective 1 above is incorporation of policy provisions in to the Land Development Regulations. This amendment incorporates a policy decision for alteration or enlargement of existing, lawfully nonconforming Assisted Living Facility uses and structures. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reason provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve alterations or enlargements of existing, legally nonconforming Assisted Living Facilities under the conditions described in the amendment. 4 BERCOW RADELL FERNANDEZ & LARKIN ZONING, LANO USE ANO ENVIRONMENTAL LAW DIRECT LINE (305)377-6238 E-Mail: ^mrna-rero BRZonngLaw.con, VIA HAND DELIVERY March 8,2019 1 Joanne Can, Planning Director City of Aventura _ — 19200 West Country Club Drive,4r^Floor Aventura, Florida 33180 Re: Imperial Club - Text Amendment for Nonconforming ALF Buildings in the City Dear Joanne: This law firm represents Imperial Club, LP with regard to the improvements and redevelopment of the Imperial Club at 2751 NE 183rd Street (the "Property"). This letter shall serve as the Applicant's letter of intent for an amendment to the City's land development regulations (LDRs). The proposed amendment would allow nonconforming assisted living facilities (ALFs) that were developed under the Miami-Dade County Code to make improvements to their common and amenity areas,so long as they do not increase the amount of units in the buildings. The Property and Proposal. The Property is a 1.37 acres parcel and is zoned B-2. Currently, the Imperial Club senior housing and ALF building constructed in 1986 sits on the Property. The proposed improvements to the Property includes the conversion of the pool area (which is heavily underutilized today) into more useable amenity and common area space. These proposed new uses will include fitness facilities, improved dining areas, meeting areas and a media room. In order to facilitate the development of these improved areas for the building, the proposed code amendment will be required. Such language can read as follows,in the LDRs: 31-276: Exhibit #1 02-LDR-19 sou-mast RNANCIAL CENTER•200 SOLMI BICAYNE BOULEVARD, SUITE 850.MLAM, FLORIDA 39191 PHONE.3015.370.6300•FAX.305.377.6222•W W W.BRZONMOLAW.COA Ms.Joanne Can March 8, 2019 Page 2 of 3 Sec.31-276.-Alteration or enlargement of nonconforming structure. (a) Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that: (1)The enlargement or alteration itself conforms to the requirements of these regulations;and (2) The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and (3)The use of the structure is conforming; and (4) The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in these LDRs. (b) This section shall not bar an alteration or enlargement which is authorized by subsection_--_(2)b., concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested. (c) This section shall not bar an alteration or enlargement of a lawfully nonconforming Assisted Living Facility (ALF) structure, existing at the date of adoption of this paragraph (c), where such alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds, number of employees and/or building height. D"tion 33-77(g) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to the text of the City's Land Development Regulations (the "LDRs"). The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is legally required. In order for the Imperial Club to improve as envisioned, the proposed amendment to the LDRs must be approved and is thus required. (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. BERCOW RADELL FERNANDEZ & LARKIN ZONING, Li.NO USE PNO ENVIRONMENTAL LAW Ms.Joanne Can March 8, 2019 Page 3 of 3 The proposed changes are consistent with the goals and objectives of the Comprehensive Plan, specifically the Business and Office designation. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDRs, as described in Section 31-2 of the City Code. Specifically, the intensity of any uses impacted by this code amendment will not be affected because units cannot be increased. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment certainly furthers the orderly development of the City. It allows existing ALFs that were approved under the Miami-Dade County Code to be improved and provide better services for residents of these facilities. (5) The proposed amendment improves the administration or execution of the development process. Since the uses being proposed are consistent with the goals and objectives of the comprehensive plan, the approval of the amendment will improve the administration or execution of the development process. Otherwise, ALFs which were developed a few decades prior will not be able to undergo reasonable improvements. Conclusion. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information,please do not hesitate to phone my direct line at(305) 377-6238. Sincerely, Michael J. Marrero cc: David Wolpin, City Attorney BERCOW RADELL FERNANDEZ IS LARKIN ZONI N6. LAWID USE ANO ENVIRONMENTAL LAW APPLICANT REPRESENTATIVE AFFIDAVIT Rai loSecoan 31.71(bX2Ai)S De CitydAveolaa Land Development Code,this Apg and RepresantaWO ANdsWl Is hereby made and eubmatad.The undersigned Iulhpiied repnsenleew of We MOMS or MMily appyNlp Ind Ba 0evSpgnmt Perna v4adl H Neleded hi the accompanying pplkelbry sad Die comer alhe properly eaNea to the eppYealbn N dinerer)hereby Ibis and identifies al persona represmpag Iha indadualr enlily applying1w IM Oevebpmpl Permit m comedian wit Me app6aap,as INHws: Name Relationship f.e.ANamys.AA:MNrra Landscape AZAweaa.Engineers.Loenetrs,act (Mach Additional Meals O Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANV PERSON LISTED ON THE APPLICANT REPRESENTATIVEAFFIDAVIT SHALL BE BINDING UPON THE MOIVIDUAL OR EMIT/APPLYING FOR THE DEVELOPMENT PERMT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFRWTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSNINT TO SEC.71.71(B OHN)1 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 M THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAIDTHIS � OAY OF rAbfffil.t NI� AUTHOR¢Epr,71VE OF APPLICANT: OWNER By: (SgnelWG By_ ( J (shrt19S 800 Nems lltrls,•r Name. t arnr,�, ,. „ Tllb: A'ftr 1 Ttl : F� c p° Address:'t(I)/ W3/ c.; Address:(,(vc r , Ir. /'T=- 7 /- 1\4 I -1\4r � �T �-- /3� it �,�iui i Yri ' STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned aulhorily personally appeared V. raj i n :...r mit t I. the aulh d representative of the ADDEcaal and/or the owner of the property subject to tho application, who being list by me d swear or affirm that he/she executed this Affidavit for the purposes staled Mersin and lbMitie hue and cared. / - 'AFFIANT ____�_Ni SWORN TO AMA SUBSCRIBED BEFORE ME VV.]gday of pa . owl rrrq $SSWPBER N 1'Ppa.' ery Pude SlaeW� dated Named Nolery• frfT/h °tXYUC ......... MycanMllaNan epNas. OF OF - TENNESSEE NOTARY My Commission Expires vuazic December 27,2022 s"staY I i • `hmP., BUSINESS RELATIONSHIP AFFIDAVIT" Ma MMA Is hada amyl a BWbn 31alpmq of M GIraf Andre Lad Onvdmnnl Oodd lW u.Ma¢xd W W Ina*cams ha Inalh wbx gl to wanant I. MAW douBMMsa Maims FMMmahp aR as mai G IW OaamalWn or m UryAGUary Boa Maas Msalaam Abe paaM IIB NW hrabp*dma dal Unapt MBoSa RaMdlpaln a mamba*Maly Canuah*ar•Oily Wary BSM1o,Mnb m.apPlcalbnaa armada•Ian (It a d CanWnha a May BMd Maw* w las an IM Bbl CIry Ceu**n r Cll Asara Mad upon ankh maw ams Ma nen Y M B W ua RaldMNry h a Sad III. Maid*dQMCaamme a laud lade M aamhMMWnlba mau d I%44 sues mlkdbA ddmnbaaaWpXngM: Illi Mabu d My Cw*dM a Boas Is spina aa*anwda(a I.lam'Si tags*)al da aa mol Mad an w anal aaabnd ant mama)a-mum MA as chlor aRapraonllaa b W banal manta TIM. Thataipplcala ant a eamMratl M tlYC WENS a@CMM al maim MonI NOW.s M exams IS OIC.eSbna lost Ilan AQOCavWMaa amid am*mboQwaIM Appinnlm Mpuamm% 'Ulla Ma imam moor Canbilan lea el Alt tr IIY. ApBaof� M00,C010)ate Sm.flvMMyknandm OF IMO' dam ammwma: I M. Ih.nab;alk Cid GnnMM a loud It a casae k M Applicant a amramlals and NmlS mm Ian BndmOA d M Saw d Mprat aRapsaYaab dam candor. MI1hE MYIMIOMhp DAYOF *PLOW�� taCrillairraW mfNm9MY NMIGBW 191 DAY or MOscli .zoo.. IM0a1*1Y : M mote oimra. .M I pdhB YBd nota.P4h so) 7W lam Ruskin ReleibenloW Taw,'16aaanm.'*Aw"MgmeMdk'end Wonted Paan-me dame a, SW M A10f W*a Amara LIh Co* STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this d. of MA(r-� 2019,by 3 . Cai111tAAarbc who is personally kn ` ar has produced as identification. (Notary Pub is` g,u Wary Public Stab d Maids V`j�(�`a. Diana Ramos y MYCmnb lmnFF la)2%B Ra wExamm 04/1012019 WITNESS MY HAND THS DAY OF .200_. REPRESE •(Listed on Business Rdallonshlp Affidavit) 8( (Syrraaae) By:_ (Sgnemm Name:M)Cheri J. Marr ,'g Name: /hint) TOW ' Vine mu) hue: _ (WO By: _1...sessig -%� • (Signature) By:_ (Sgualum Name:him Wail /C (Hint) Name: (Peau) Tfih: ffcsl:ft if' _(ft** Title: "MU By: /Signature) By: Pro/we Name: /PaW Name: (Prhu) TIRE _(N111) ills: (haul By: (Sgrelose) By: (Stgnanne Toa: (Nan) Tide: (Fret) Title: (Pant) Title: (Nino By: (Slgref✓e) By: _ (Srgnalme Title: (haul Me_ _.._ (Print) TIIe: (Nall Ti :Ue (harp By (Sr9'atw) By: (SJ'r&ure Tina: (Hie) TIM: (Hiro) TIS: (Hint) TRW (Nan) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2)Applicants end 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. SIAM aFFLORIDA NOTARIZATION PROVISION = Y OFRWNeDAOE Beb.m,neuM .d.,n,•POMOMPYIPPOWed NtLhekl Me rne Mont,Soo hl my me Ms Mawr or flim NINNY* neaW IMABbg b the pwpmnUYled aid Mil S LV amwnat SWORN TOMO SUBSCRIBED babawaaz IbyaSt .20ieikt st tree_a. eiti. DUMB Public Stan,aFanta RNM1/NaIa olio* y"N^j MY Oenalaaw FF 2o7710 - ---------- ------ M'manitflemOya._ 1 Oil, HweJ` 0�9Mepanmmtp STATE OFFLOIDA COUNTY OFT*11DAOE) Bebe n Ne Udialped aulMV.Parmry*PM Ith ?nr C. Ne • medumom.damiser a a Mm net BMD mewled Lt AlidevA bribe pamsaltled Navin Mtlmmla MOS=EL dr.lei SW ORN NAND SUBSCRIBED babe me O o MyMfent)** (r��FyE—r. k JANCILHIL tomsyMm[Saala• a Lags `x r,7 IOR20:2 RLL1L�..uuffRiled Name aRaay ! BMW ITN 1 WOE OF FLOP/DA ) COWtt OFI4WAADE) at n to wows aNMR,Ifawdy Wend _ _ _to Mat Atm bebg Int by me dip own did Mea or elan wt IWO. ant BhANNW SIM popeemebed naran sad BW Ab he and wed SWORN TOMc& 5CRIBEDDbeme (*a _ -200. Ndwy POM'c SNY al nude-Min PrinisdNamo SNmay _ AMaaMado+Mpyn- _ - STATE OF FLORRC ) COUNTY UFMAMMDLBEI Mae int M w4Ngae0 MlMt,manly append_— _ W Mint who Nig play reed*ewe,cid aver adorn Os bels. ewNEIWMYN SIMpapeesaWMOWnMdnetamaooOawL SWORN NAM SUBBCRMEDwte me pia _devil . . ..2I0_ NNey Rede Soled nsda gal Lage PoNWNneaNgery My.wmission : - _ ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO ADD REGULATION FOR ALTERATION OR ENLARGEMENT OF LAWFULLY NONCONFORMING ASSISTED LIVING FACILITY (ALF) USES OR STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to add regulation for alteration or enlargement of lawfully nonconforming Assisted Living Facility uses or structures to Article XII, "Nonconforming Uses and Structures," of Chapter 31 of the City Code; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission, in its capacity as the Local Planning Agency, has reviewed the proposed amendments to the City Code pursuant to the required public hearing and has recommended approval of this Ordinance; and WHEREAS, the City Commission has reviewed the proposed amendments, and finds that it is in the best interests of the public to amend the City Code as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. City of Aventura Ordinance No. 2019- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT1: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Article XII, "Nonconforming Uses and Structures," Section 31-272 - "Expansion of nonconforming use or structure." and Section 31-276 - "Alteration or enlargement of nonconforming structure." of Chapter 31 "Land Development Regulations" of the City Code are hereby amended to read as follows: "ARTICLE XII. - NONCONFORMING USES AND STRUCTURES Sec. 31-271. - Purpose and scope. The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs which do not conform to the requirements of these LDRs. Many non- conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this chapter. Sec. 31-272. - Expansion of nonconforming use or structure. A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested rights pursuant to subsection 31- 3(b)(2)- or as provided in this Article. • ' Underlined provisions constitute proposed additions to existing text of City Code; ss. g: provisions indicate proposed deletions from existing text of City Code. Page 2 of 5 City of Aventura Ordinance No.2019- Sec. 31-276. -Alteration or enlargement of nonconforming structure. (a) Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that: (1)The enlargement or alteration itself conforms to the requirements of these regulations; and (2) The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and (3)The use of the structure is conforming; and (4) The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in these LDRs. (b) This section shall not bar an alteration or enlargement which is authorized by subsection 31-3(2)b., concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested. (c) This section shall not bar an alteration or enlargement of a lawfully nonconforming Assisted Living Facility (ALA use or structure existing at the date of adoption of this section (c), where such alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds, number of employees and/or building height. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Page 3 of 5 City of Aventura Ordinance No. 2019- Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks 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 Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED on first reading this 2nd day of April, 2019. PASSED AND ADOPTED on second reading this 7th day of May, 2019. Page 4 of 5 City of Aventura Ordinance No.2019- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: CityCommission FROM: Ronald J. aso City Manager BY: Joanne Carr, AICs Community Development Director DATE: March 8, 2019 SUBJECT: Proposed Amendment to City Code Chapter 31, Article IX, Sign Regulations to provide regulations for temporary graphic wrap for construction fences (01-LDR-19) March 12, 2019 Local Planning Agency Agenda Item 4 A March 12, 2019 City Commission Meeting Agenda Item Z'Tt— April 2, 2019 City Commission Meeting Agenda Item e,'- RECOMMENDATION As discussed at the City Commission workshop meeting of February 21, 2019, the attached ordinance is presented for recommendation by the Local Planning Agency and approval by the City Commission of a request to amend Sections 31-191(e), "Definitions" and to amend Section3l-191(k), "Temporary Signs", of the Land Development Regulations to add a definition of and regulations for a temporary graphic wrap for construction fences. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed amendment to the Sign Regulations follows in underlined text: "ARTICLE IX. - SIGN REGULATIONS Sec. 31-191. - Sign regulations generally. (a) Intent and purpose. The purpose of this section is to promote and protect the public health, safety and general welfare by regulating existing and proposed signs and other street graphics within the City. In particular, this section is intended to preserve the unique aesthetic character of the City and ensure that signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Commission that the nature of signs is to provide an index to needed goods and services. It is the intention of this section to control those signs and to authorize the use of signs that are: (1) Compatible with their surroundings. (2) Expressive of the identity of individual proprietors or of the community as a whole. (3) Legible under the circumstances in which they are seen. (4) Effective in indexing the environment. (5) Conducive to promoting traffic safety by preventing visual distraction. (e) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Temporary Graphic Wrap for Construction Fence: A vinyl mesh skin covering all of an approved and permitted construction fence for an ongoing construction project. Graphics shall be designed to enhance the aesthetics of the fence and to identify the proiect to be constructed, but not as an attention-getting device. No projecting, rotating blinking, swinging or streaming portions of the wrap and/or illumination shall be permitted. The wrap shall be securely affixed to the fence and maintained in good repair at all times. (f) Prohibited signs. The following are prohibited: 17) Signs erected or painted on fences or wall enclosures except as specifically permitted in this section. *** (k) Temporary signs. Temporary signs shall comply with the following restrictions, conditions, and limitations: (1) No placement on right-of-way or other public property. No temporary sign shall be placed on any public right-of-way or on property owned or used by the City. (2) Placement of temporary signs; no placement on vacant lot, utility poles, official signs, etc. No temporary sign shall be placed upon any vacant parcel without the written consent of the property owner filed with the City Clerk prior to posting of the sign. No 2 temporary sign shall be placed upon any public utility pole or equipment, tree, traffic control device or structure, bridge, guardrail, or official sign, or held or displayed in a manner which creates an obstruction of a public right-of-way or sidewalk or creates a traffic hazard. (3) Bond. Prior to the installation and/or construction of a temporary sign in accordance with this subsection (k), the applicant shall post or cause to be posted with the City Clerk a refundable cash bond in the minimum amount of $500.00. (4) Exemption from bond requirement. Any applicant placing less than four temporary signs not exceeding a size of ten square feet per sign shall be exempt from the requirement of a cash bond. Any candidate for elected office who has satisfied his or her qualifying fee requirement pursuant to the alternate means authorized by F.S. § 99.095 or § 99.0955, (the petition method of qualifying) shall be exempt from the requirement of posting the cash bond. (5) Permitted districts; time of posting and removal. Temporary signs shall be permitted in all zoning districts, as provided in this section. Unless otherwise specified below, no temporary sign shall be posted more than 90 days prior to the time of the event to which it relates, or permitted to remain longer than seven days after the event to which it relates. If a person placing a temporary sign fails to remove all temporary signs within the stated timeframe, he or she shall forfeit the refundable cash bond and the City shall remove the sign. The sign removal requirements of this subparagraph do not apply to bumper stickers on vehicles or campaign buttons on people. (6) Location near easement or street. No temporary sign shall be placed within five feet of any easement of the property upon which the sign is located. No temporary sign shall be located within ten feet of the edge of the right-of-way. Temporary signs shall be located solely on the property side of the sidewalk if there is a sidewalk unless held by an individual occupying the sidewalk or right-of-way. (7) Traffic hazards. No temporary sign shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic along the streets adjacent to the property upon which the temporary sign is located. (8) Responsibility for hazards; responsibility for removal of signs. All property owners shall be responsible for any hazard to the general public which is caused by, or created by reason of, the installation and/or maintenance of the temporary signs on his, her or its property. The property owner shall also be responsible for the timely removal of such signs in accordance with the requirements of subsection (5) of this section. In the event of an announcement by the National Weather Service that the City is under a hurricane watch, the person placing a sign shall remove the sign within 24 hours of the announcement of the hurricane watch. Failure to remove the sign within 24 hours of the announcement shall cause the City to remove the sign in accordance with the provisions of subsection (5) of this section. (9) Enforcement. Any temporary sign not posted or removed in accordance with the provisions of this subsection, and any such sign which exists in violation of this section, 3 shall be deemed to be a public nuisance and shall be subject to removal and confiscation by the City. If the City removes the sign, the City Manager or his designee shall deduct the cost and expense of removal from the posted cash bond. The City shall not be responsible for the damage or destruction of any sign which is removed in accordance with this provision. (10) Illumination. Temporary signs shall not be illuminated. (11) Temporary signs must be posted in accordance with the following tables. [12) Temporary Graphic Vinyl Mesh Wrap for Construction Fence: Residential District Nonresidential District Approvals Skin permit required. Skin permit required. necessary: Number One wrap, covering all of an One wrap,coverino all of an (maximum): approved and permitted approved and permitted construction construction fence. fence. Sign area Wrap covering the height and width Wrap covering the height and width (maximum): of approved and permitted of approved and permitted construction fence. construction fence. Length of Permitted for a 12-month period Permitted for a 12-month period display: from date of construction fence from date of construction fence permit issuance or until construction permit issuance or until construction fence removed, provided that active fence removed, provided that active construction is ongoing. construction is ongoing Other Sign copy may include (i) project Sion copy may include (i) protect restrictions: name: (H) rendering: (Hi) nature of name; (ii) rendering; (iii) nature of development; (iv) general development; (iv) general contractor; contractor; (v) architect; (vi) lending (v) architect; (vi) lending institution: institution; (vii) owner or agent; (viii) (vii) owner or agent; (viii) phone phone number; and (ix) green number: and (ix) green building 4 building program participation, if program participation, if applicable. applicable. Wrap shall be securely affixed to the Wrap shall be securely affixed to construction fence. No proiectinq, the construction fence. No rotating, blinking, swinging or proiectinq, rotating, blinking, streaming portions of the wrap swinging or streaming portions of and/or illumination permitted. the wrap and/or illumination permitted. Wrap to be maintained in secured condition and good repair at all times Wrap to be maintained in secured condition and good repair at all times. ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan, specifically, Objective 1 and its measure of the Land Use Goal in the Future Land Use Element which states that "the Land Development Regulations shall provide a cohesive blueprint for development and redevelopment of the City that accommodates growth while maintaining the integrity of the built and natural environment" The measure of Objective 1 above is incorporation of policy provisions in to the Land Development Regulations. This amendment incorporates policy decisions for temporary graphic wraps on construction fences. 5 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reason provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve temporary graphic wraps on construction fences. 6 ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE IX, "SIGN REGULATIONS," OF CHAPTER 31, "LAND DEVELOPMENT, REGULATIONS" OF THE CITY CODE TO ADD A DEFINITION OF AND REGULATION FOR TEMPORARY GRAPHIC WRAPS ON CONSTRUCTION FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to add a definition of and regulation for temporary graphic wraps on construction fences to Section 31-191, Sign Regulations; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission, in its capacity as the Local Planning Agency, has reviewed the proposed amendments to the City Code pursuant to the required public hearing and has recommended approval of this Ordinance; and WHEREAS, the City Commission has reviewed the proposed amendments, and finds that it is in the best interests of the public to amend the City Code as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT1: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Article IX, "Sign Regulations", Section 31-191 — "Sign regulations generally." of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows: "ARTICLE IX. - SIGN REGULATIONS Sec. 31-191. - Sign regulations generally. ' Underlined provisions constitute proposed additions to existing text; s:;ie se h provisions indicate proposed deletions from existing text. City of Aventura Ordinance No. 2019- (a) Intent and purpose. The purpose of this section is to promote and protect the public health, safety and general welfare by regulating existing and proposed signs and other street graphics within the City. In particular, this section is intended to preserve the unique aesthetic character of the City and ensure that signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Commission that the nature of signs is to provide an index to needed goods and services. It is the intention of this section to control those signs and to authorize the use of signs that are: (1) Compatible with their surroundings. (2) Expressive of the identity of individual proprietors or of the community as a whole. (3) Legible under the circumstances in which they are seen. (4) Effective in indexing the environment. (5) Conducive to promoting traffic safety by preventing visual distraction. (e) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Temporary Graphic Wrap for Construction Fence: A vinyl mesh sign covering all of an approved and permitted construction fence for an ongoing construction project. Graphics shall be designed to enhance the aesthetics of the fence and to identify the proiect to be constructed, but not as an attention-getting device. No projecting, rotating, blinking, swinging or streaming portions of the wrap and/or illumination shall be permitted. The wrap shall be securely affixed to the fence and maintained in good repair at all times. (f) Prohibited signs. The following are prohibited: 17) Signs erected or painted on fences or wall enclosures except as specifically permitted in this section. (k) Temporary signs. Temporary signs shall comply with the following restrictions, conditions, and limitations: (1) No placement on right-of-way or other public property. No temporary sign shall be placed on any public right-of-way or on property owned or used by the City. (2) Placement of temporary signs; no placement on vacant lot, utility poles, official signs, etc. No temporary sign shall be placed upon any vacant parcel without the written consent of the property owner filed with the City Clerk prior to posting of the sign. No temporary sign shall be placed upon any public utility pole or equipment, tree, Page 2 of 6 City of Aventura Ordinance No. 2019- traffic control device or structure, bridge, guardrail, or official sign, or held or displayed in a manner which creates an obstruction of a public right-of-way or sidewalk or creates a traffic hazard. (3) Bond. Prior to the installation and/or construction of a temporary sign in accordance with this subsection (k), the applicant shall post or cause to be posted with the City Clerk a refundable cash bond in the minimum amount of$500.00. (4) Exemption from bond requirement. Any applicant placing less than four temporary signs not exceeding a size of ten square feet per sign shall be exempt from the requirement of a cash bond. Any candidate for elected office who has satisfied his or her qualifying fee requirement pursuant to the alternate means authorized by F.S. § 99.095 or § 99.0955, (the petition method of qualifying) shall be exempt from the requirement of posting the cash bond. (5) Permitted districts; time of posting and removal. Temporary signs shall be permitted in all zoning districts, as provided in this section. Unless otherwise specified below, no temporary sign shall be posted more than 90 days prior to the time of the event to which it relates, or permitted to remain longer than seven days after the event to which it relates. If a person placing a temporary sign fails to remove all temporary signs within the stated timeframe, he or she shall forfeit the refundable cash bond and the City shall remove the sign. The sign removal requirements of this subparagraph do not apply to bumper stickers on vehicles or campaign buttons on people. (6) Location near easement or street. No temporary sign shall be placed within five feet of any easement of the property upon which the sign is located. No temporary sign shall be located within ten feet of the edge of the right-of-way. Temporary signs shall be located solely on the property side of the sidewalk if there is a sidewalk unless held by an individual occupying the sidewalk or right-of-way. (7) Traffic hazards. No temporary sign shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic along the streets adjacent to the property upon which the temporary sign is located. (8) Responsibility for hazards; responsibility for removal of signs. All property owners shall be responsible for any hazard to the general public which is caused by, or created by reason of, the installation and/or maintenance of the temporary signs on his, her or its property. The property owner shall also be responsible for the timely removal of such signs in accordance with the requirements of subsection (5) of this section. In the event of an announcement by the National Weather Service that the City is under a hurricane watch, the person placing a sign shall remove the sign within 24 hours of the announcement of the hurricane watch. Failure to remove the sign within 24 hours of the announcement shall cause the City to remove the sign in accordance with the provisions of subsection (5) of this section. (9) Enforcement. Any temporary sign not posted or removed in accordance with the provisions of this subsection, and any such sign which exists in violation of this section, shall be deemed to be a public nuisance and shall be subject to removal and confiscation by the City. If the City removes the sign, the City Manager or his designee Page 3 of 6 City of Aventura Ordinance No. 2019- shall deduct the cost and expense of removal from the posted cash bond. The City shall not be responsible for the damage or destruction of any sign which is removed in accordance with this provision. (10) Illumination. Temporary signs shall not be illuminated. (11) Temporary signs must be posted in accordance with the following tables. (12) Temporary Graphic Vinyl Mesh Wrap for Construction Fence: Residential District Nonresidential District Approvals Sign permit required. Sign permit required. necessary: Number One wrap, covering all of an approved One wrap, covering all of an approved (maximum): and permitted construction fence. and permitted construction fence. Sign area Wrap covering the height and width of Wrap covering the height and width of (maximum): approved and permitted construction approved and permitted construction fence. fence. Length of Permitted for a 12-month period from Permitted for a 12-month period from display: date of construction fence permit date of construction fence permit issuance or until construction fence issuance or until construction fence removed, provided that active removed, provided that active construction is ongoing. construction is ongoing. Other Sign copy may include (i) project Sign copy may include (i) project restrictions: name; (ii) rendering; (iii) nature of name; (H) rendering; (iii) nature of development; (iv) general contractor development; (iv) general contractor (v) architect; (vi) lending institution' (v) architect; (vi) lending institution; (viil (vii) owner or agent; (viii) phone owner or agent; (viii) phone number number; and (ix) green building and (ix) green building program program participation, if applicable. participation, if applicable. Wrap shall be securely affixed to the Wrap shall be securely affixed to the construction fence. No projecting construction fence. No projecting rotating, blinking, swinging or rotating, blinking, swinging or streaming portions of the wrap and/or streaming portions of the wrap and/or Page 4 of 6 City of Aventura Ordinance No. 2019- illumination permitted. illumination permitted. Wrap to be maintained in secured Wrap to be maintained in secured condition and good repair at all times. condition and good repair at all times. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman _ Page5 of6 City of Aventura Ordinance No. 2019- PASSED on first reading this 12th day of March, 2019. PASSED AND ADOPTED on second reading this 2nd day of April, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2019. Page 6 of 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage DATE: February 22, 2019 SUBJECT: Ordinance Creating the Don Soffer Aventura High School Advisory Board 1st Reading March 12, 2019 City Commission Meeting Agenda Item 1 2nd Reading April 2, 2019 City Commission Meeting Agenda Item BB RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance creating the Don Soffer Aventura High School Advisory Board. BACKGROUND In accordance with directions discussed at the February Workshop Meeting, the City Attorney has drafted the attached Ordinance which creates the Don Soffer Aventura High School Advisory Board. The Ordinance includes the points raised at the Workshop Meeting and is based on previous Ordinances establishing Boards in the City. If you have any questions, please feel free to contact me. RJW/act Attachment CC01784-19 ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING DIVISION 8 "DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2- 218 "CREATION AND QUALIFICATIONS," SECTION 2-219 "PROCESS FOR APPOINTMENT OF BOARD MEMBERS," SECTION 2-220 "JURISDICTION, DUTIES AND MEETINGS," SECTION 2-221 "RULES OF PROCEDURE; QUORUM," AND SECTION 2-222 "STANDARDS OF CONDUCT FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Commission, serving in their role as Governing Board, to establish the Don Soffer Aventura High School Advisory Board, and that this board shall act in an advisory capacity to the Governing Board on matters relating to the Don Soffer Aventura High School. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recital is hereby adopted and confirmed. Section 2. Code Revised. That Division 8 "Don Soffer Aventura High School Advisory Board" of Article III "Advisory Boards" of Chapter 2 "Administration" of the City Code is hereby created to read as follows: Division 8. Don Soffer Aventura High School Advisory Board. Sec. 2-218. Creation and Composition. A. There is hereby created and established the Don Soffer Aventura High School Advisory Board (the "Board") consisting of seven (7) members as follows: City of Aventura Ordinance No. 2019- • Non-voting members: The City Manager, or his/her designee, and the Principal of the Don Soffer Aventura High School, or his/her designee, shall serve as ex officio, non-voting members. • Voting members: Three (3) individuals who shall be residents of Aventura shall be appointed to the Board by the Mayor subject to approval of the City Commission for a two (2) year term. Those three (3) individuals must each have resided within the City for at least one (1) year immediately prior to appointment to the Board and must not be parents of students enrolled in the Don Soffer Aventura High School. Two (2) members of the Board shall consist of parents of those students enrolled in the Don Soffer Aventura High School who are selected by the parents of the High School students, for appointment by the Mayor, subject to approval of the City Commission, for a one (1) year term commencing September 1st and expiring on August 31st of the following year. B. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. C. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission in accordance with procedures established herein. Page 2 of 7 City of Aventura Ordinance No. 2019- D. In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three consecutive meetings or in the event that a member has two (2) unexcused absences in a six (6) month period, then in that event such member shall automatically be removed as a member of the Board by the City Manager. Sec. 2-219. Process for Appointment of Board Members. A. Individuals wishing to be a member of the Board as to the three (3) resident positions described in Section 2-218 above, shall make application to the City Manager on the forms provided for by the City. The City Commission shall interview all applicants prior to the selection of such Board members. B. Individuals wishing to be a member of the Board as to the two (2) parent of student positions described in Section 2-218 above, shall make application as provided on forms provided by the Principal of the Don Soffer Aventura High School in a manner consistent with the School Charter. Sec. 2-220. Jurisdiction, Duties and Meetings. A. The duties of the Board shall include but not be limited to the following: • Review of school's policies to ensure consistency with the school's mission statement and with attainment of performance standards; • Review and evaluate goals and performance of the school and make recommendations; Page 3 of 7 City of Aventura Ordinance No. 2019-_ • Review the annual budget and provide recommendations to the management company, City Manager and Governing Board; • To abide by the goals and objectives and fulfill the requirements of the Charter Agreement with the Miami-Dade County School Board, as amended from time to time. • Assist and provide advice on fund raising efforts. B. The actions, decisions and recommendations of the Advisory Board shall not be final or binding on the Governing Board, but shall be advisory only. The Board or its members shall coordinate all recommendations for improvement in the operation of the Don Soffer Aventura High School through the City Manager and shall not interact directly with the school administration and staff. C. An organizational meeting of the Board shall be held as the first meeting of each year, or as soon thereafter as practicable, for the purpose of electing officers for the ensuing year. A Chair and Vice-Chair shall be elected for terms of one (1) year by the Board from its voting membership. At least one (1) regular meeting of the board shall be held each month from September through June of each school year, unless otherwise determined by the Board. Special meetings of the Board may be called by the City Manager. Sec. 2-221. Rules of Procedure; Quorum A. The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State of Florida and shall utilize Page 4 of 7 City of Aventura Ordinance No.2019-_ Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. B. During the first meeting of the Board, the members shall elect one (1) of their members to act as Chair and another member to act as Vice-Chair. C. Three (3) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least three (3) affirmative votes shall be required for official action. Sec. 2-222. Standards of Conduct for Members. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees, as set by federal, state, county, city or other applicable law pursuant to City Charter Section 7.03. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Page 5 of 7 City of Aventura Ordinance No. 2019- Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Mezrahi and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 6 of 7 City of Aventura Ordinance No. 2019- PASSED on first reading this 12th day of March, 2019. PASSED AND ADOPTED on second reading this 2nd day of April, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 7 of 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission 19 FROM: Ronald J. Wasson, City Manager DATE: February 28, 2019 SUBJECT: Ordinance Amending City Code Chapter 10, Sectionl0-1, Removal of Canine Fecal Matter; Canines to be Leashed 181 Reading March 12, 2019 City Commission Meeting Agenda Item 10, 2nd Reading April 2, 2019 City Commission Meeting Agenda Item Or, RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance amending the City Code to provide exceptions to canine leashing requirements in public places and for the removal of fecal matter. If you have any questions, please feel free to contact me. RJW/act Attachment CC01789-19 ORDINANCE NO. 2019-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 10, ENTITLED "ANIMALS," OF THE CITY CODE BY AMENDING SECTION 10-1, ENTITLED "REMOVAL OF CANINE FECAL MATTER; CANINES TO BE LEASHED"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") Commission finds that Section 10-1 of the City Code should be amended to provide for exceptions to the leashing requirement in certain public places and exceptions for service animals; and WHEREAS, the City Commission finds that increasing the amount of fines for violating City Code Section 10-1 will improve compliance and deter future violations; and WHEREAS, the City Commission finds that this amendment improves the quality of life within the City and is in the best interest of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS': Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Section 10-1, entitled "Removal of canine fecal matter; canines to be leashed," of Chapter 10 of the City Code is hereby amended to read, as follows: Chapter 10 —ANIMALS Sec. 10-1. - Removal of canine fecal matter; canines to be leashed. (a) Removal of fecal matter required. It shall be unlawful for any owner or person in control or having custody of any canine to fail to remove the fecal matter of such animal from: (1) The street, sidewalk, swale, bikepath, park area or any other public property; or (2) Any private property not belonging to the owner or person having custody of the canine. 'Additions to existing City Code text are indicated by underline•deletions from existing City Code text are indicted by strilcm.:aug:. City of Aventura Ordinance No. 2019- (b) Disposal of fecal matter. For the purpose of this section, all fecal matter shall be immediately removed by placing such matter in a bag, wrapper, or closed or sealed container and thereafter disposing of it in a trash receptacle, sanitary disposal unit or other closed or sealed container. (c) Responsibility of property owners. Any person owning or leasing any private property in the City is responsible for maintaining such property in an odor- free and sanitary condition in accordance with this section. (d) Canines to be leashed. It shall be unlawful to take an unleashed canine into, or to keep any unleashed canine in or upon, any public property in the City, except into parks or areas within parks which are specifically designated as dog parks and are authorized by the City for unleashed canines. All canines, when not on the premises of the owner or the person in control thereof, must be on a leash under control of a competent person,except as specified above. (e) Penalty. Notwithstanding the generally applicable civil penalty under City Code section 2-348(b) or (c), Except otherwise provided a violation of this section shall constitute a civil infraction punishable by the following civil penalties -- - t•- - - - - - - - - • - •- - • - • - - e•" - (1) A fine not exceeding $24410$75.00 for a first violation; (2) A fine not exceeding $50.00$150.00 for a second violation within one year of the first violation; and (3) A fine not exceeding $100-00$500, for each additional violation within one year of the second or subsequent violation. (f) Exceptions. This section shall not apply to blind persons accompanied by a guide dog used for their assistance or any service animal trained and certified to work or perform tasks for an individual with a disability so long as such service animal is handled in compliance with Section 413.08, Florida Statutes. (g) Application of Section. In applying this section, the owner of a unit in a condominium development, who owns an undivided interest in the common elements of the condominium by virtue of ownership of a unit, shall not be considered to be the owner or person in control of private property or premises for the purposes of the interpretation, application, and enforcement of this section. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Page 2 of 4 City of Aventura Ordinance No. 2019- Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2019- PASSED on first reading this 12th day of March, 2019. PASSED AND ADOPTED on second reading on this 2nd day of April, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (le BY: Brian K. Raducci, Finance Director DATE: March 7, 2019 SUBJECT: Mid-Year Ordinance Amending 2018/19 Budget 15t Reading March 12, 2019 City Commission Meeting Agenda Item 7D 2nd Reading April 2, 2019 City Commission Meeting Agenda Item B P RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2018/19 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you may be aware, the City normally amends the budget at mid-year to: • recognize actual fund balance amounts carried over based on the prior year's audit and to; • re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re-appropriate unspent capital accounts and to recognize the actual fund balances at September 30, 2018 to the 2018/19 budget will also be addressed in my memorandum dated March 7, 2019 which will accompany the Commission's electronic package containing the Comprehensive Annual Financial Report. • In addition, there are a couple of "Other Items" that were not considered in the originally adopted FY 2018/19 Budget that need to be addressed through a corresponding budget amendment that will provide the necessary funding. Some of these items may have been previously discussed with the Commission but now require formal action. For simplicity, the following narrative addresses all of the items discussed above in "Fund/Account Number sequence" in terms of how they appear on the adjacent Budget Amendment Schedule. 1 GENERAL FUND(001) Revenues and Expenditures—a net increase of$12,773, respectively 1. To appropriate $95,000 worth of additional funding to replace the A/C chiller at the MCC facility which was originally scheduled to be replaced in 2020. According to our Public Works/Transportation Department, the original unit was not properly treated to resist corrosion resulting from salt air exposure. The unit is now rusted out to a point where it is operating with only one (1) condenser. In order to ensure that the AACC facility is ready for the upcoming summer season and due to the 8 — 10 week timeframe in takes to build/install the unit, the City Manager authorized staff to move forward with its replacement on February 4, 2019. The new unit will be designed to be resistant to salt air corrosion. This additional cost will be offset by a corresponding reduction to the Capital Reserve in the amount of$95,000. 2. To increase (decrease) the net Non Departmental/Transfers to the debt service funds by $12,773 as follows: a. Fund 230—($741) b. Fund 250—$13,514 This amendment allows the City to recognize and utilize actual fund balances from the two-related debt service funds based on the prior year's audit and to adjust for the change in interest rate on the Series 2012 Loan as described below. As previously indicated on the FY 2017/18 End of Year Budget Amendment, 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% that occurred 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%. 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) now need to be amended. 9125 — Transfer to Debt Service Fund — 2012 (A) (Fund 250) — to appropriate additional funds of $13,514 for interest that was/will be payable on February 1 and August 1, 2019, respectively. The original debt, issued in 2002 was utilized to acquire property for the Charter School and partially fund the Community Recreation Center. The net overage as described above will be offset by additional Carryover(3999000). 2 SPECIAL REVENUE FUNDS POLICE EDUCATION FUND (110) Revenues and Expenditures—a net increase of$a491, respectively To recognize and re-appropriate additional Carryover in the amount of$5,491 based on the prior year's audit in order to provide for additional Training. TRANSPORTATION AND STREET MAINTENANCE FUND(120) Revenues and Expenditures—a net increase of$3,077,724, respectively To recognize and re-appropriate additional Carryover in the amount of $3,077,724 to fund the two (2) projects below as well as to adjust the Capital Reserve budgeted line item. These projects were in process and not 100% complete by the end of the prior fiscal year: 1. To re-appropriate $90,985 for a Road Resurfacing project budgeted in FY 2017/18 (i.e., Mystic Point Drive Milling & Resurfacing) that was in process at September 30, 2018. 2. To re-appropriate $150,000 for Street Lighting Improvements project budgeted in FY 2017/18 (i.e., LED fixture switch out at Mystic Point Drive&Turnberry Way, NE 188th ST, 28th Ct. [between 187'" & 1859] and NE 185th Street) that was in process at September 30, 2018. 3. To increase the Capital Reserve budgeted line item by a net amount of $2,836,739 in order to adjust it as a result of the post-audit budget amendments described above. 911 FUND(180) Revenues and Expenditures—a net increase of$18,904, respectively To recognize and re-appropriate additional Carryover in the amount of $18,904 based on the prior year's audit in order to provide for additional capital reserve. DEBT SERVICES FUNDS DEBT SERVICE FUND SERIES 2010& 2011 (230) (Revenue Reclassification of$741 —net effect is$0) To recognize and re-appropriate a Carryover in the amount of $741 based on the prior year's audit and to simultaneously reduce the transfer from the General Fund by $741 for a net effect of$0. 3 DEBT SERVICE FUND SERIES 2012 (A) CHARTER SCHOOL LAND ACQUISITION (250) Revenues and Expenditures—a net increase of$13,540, respectively To recognize and re-appropriate a Carryover in the amount of$26 based on the prior year's audit. To recognize the additional net Transfer In from the General Fund of $13,514 and to appropriate the additional interest ($13,540) that was/will be payable on February 1 and August 1, 2019, respectively. DEBT SERVICE FUND SERIES 2012 (B) CHARTER SCHOOL BUILDING CONSTRUCTION (290) Revenues and Expenditures—a net increase of$15,936, respectively To recognize the Transfer In from the Charter School Fund of $15,936 and to appropriate the additional interest ($15,936) that was/will be payable on February 1 and August 1, 2019, respectively. CAPITAL PROJECTS FUND (392) Revenues and Expenditures—a net increase of$642,378, respectively To recognize and re-appropriate additional carryover funds to fund the items below. Additional Carryover: • Police—$51,465 • Community Services—$265,913 • Public Works/Transportation -$325,000 (traffic flow improvement project) Additional Capital Reserve: • Police—$51,465 • Community Services—$913 • Public Works/Transportation -$325,000 (traffic flow improvement project) 3930 Transfer to Charter H.S. Construction Fund (Fund 393) — to appropriate Capital Project Fund reserves that total $265,000 to assist with funding anticipated additional costs that may be required related to the construction of the Don Soffer Aventura High School. 4 AVENTURA CHARTER SCHOOL CONSTRUCTION FUND(393) Revenues and Expenditures—a net increase of$1,192,166 respectively To recognize and re-appropriate additional carryover and transfers to fund the items below. Additional Carryover: • Investment Income—$82,166 (earned in FY 2017/18) • Legal Fee Contribution—$75,000 (received in FY 2017/18) • Chabad House of N. Dade—$270,000 (received in FY 2018/19 -01/30/2019) • Granite Aventura LLC—$500,000 (received in FY 2018/19 -02/07/2019) • Additional revenue (Transfer) from the Capital Projects Fund—$265,000 Facility/Building Construction: • To re-appropriate a Carryover in the amount of $157,166 based on the prior year's audit to primarily cover the cost of Change Order "A" for Construction Management Services with Kaufman Lynn Construction that was approved by the Commission on January 8, 2019. (Resolution No. 2019-02) • To allocate new funding to cover anticipated additional costs that may be required. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 5 ORDINANCE NO. 2019- _ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE 2018/2019 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 2018/2019 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. 2018-18, which Ordinance adopted a budget for the 2018/2019 fiscal year, by revising the 2018/2019 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, 2018. The foregoing Ordinance was offered by Commissioner Landman, who moved its adoption on first reading. This motion was seconded by Commissioner Mezrahi, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2019- PASSED on first reading this 12th day of March, 2019. PASSED AND ADOPTED on second reading this 2"d day of April, 2019. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2018/19 Budget Amendments GENERAL FUND(001) 2018/19 2018/19 2018/19 ADOPTED AMENDED REVISED BUDGET Revenues Non-Revenue 3999000 Carryover $ 15,394,799 $ 12,773 $ 15,407,572 SUBTOTAL $ 15,394,799 $ 12,773 $ 15,407,572 Total Amendments-Revenues $ 12,773 Expenditures Capital Outlay/Arts&Cultural Center(8070-5751 6410 Equipment>$5,000 $ 82,038 $ 95,000 $ 177,038 SUBTOTAL $ 82,038 $ 95,000 $ 177,038 Non Departmental/Transfers(9001-5811 9123 Transfer to Debt Service Fund-2010/11 1,195,704 (741) 1,194,963 9125 Transfer to Debt Service Fund-2012(A) 345,621 13,514 359,135 SUBTOTAL $ 1,541,325 $ 12,773 $ 1,554,098 Non Departmental/Capital Outlay(8090-5901 6999 Capital Reserve 14,772,304 (95,000) 14,677,304 SUBTOTAL $ 14,772,304 $ (95,000) $ 14,677,304 Total Amendments-Expenditures $ 12,773 Page 1 of 4 Exhibit A POLICE EDUCATION FUND(110) I' 2018/19 2018/19 2018/19 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 5,116 $ 5,491 $ 10,607 SUBTOTAL $ 5,116 $ 5,491 $ 10,607 Total Amendments-Revenues $ 5,491 Expenditures Public Safety(2001-5211 5450 Training $ 11,116 S 5,491 $ 16.607 SUBTOTAL $ 11,116 S 5,491 $ 16,607 Total Amendments-Expenditures S 5,491 TRANSPORTATION AND STREET MAINTENANCE FUND (120) 2018/19 2018/19 2018/19 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 1,547,125 $ 3,077,724 $ 4,624,849 SUBTOTAL $ 1,547,125 $ 3,077,724 $ 4,624,849 Total Amendments-Revenues $ 3,077,724 Expenditures Public Works/Transportation-54-541 6305 Road Resurfacing $ 311,000 $ 90,985 $ 401,985 6307 Street Lighting Improv. 400,000 150,000 550,000 6999 Capital Reserve 1,185,660 2,836,739 4,022,399 SUBTOTAL $ 1,896,660 $ 3,077,724 $ 4,974,384 Total Amendments-Expenditures $ 3,077,724 911 FUND(180) 2018/19 2018/19 2018/19 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover S S 18,904 $ 18,904 SUBTOTAL $ - $ 18,904 $ 18,904 Total Amendments-Revenues $ 18,904 Expenditures Public Safety(2001-5211 6999 Capital Reserve $ - $ 18,904 $ 18,904 SUBTOTAL $ - $ 18,904 $ 18,904 Total Amendments-Expenditures $ 18,904 Page 2 of 4 Exhibit A DEBT SERVICE FUND SERIES 2010&2011 (230) 2018/19 2018/19 2018/19 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3811001 Transfer from General Fund $ 1,195,704 $ t, < .: 3999000 Carryover 268 1 u: SUBTOTAL § 1,195,972 $ - $ 1,195,972 Total Amendments-Revenues $ - DEBT SERVICE FUND SERIES 2012(A)CHARTER SCHOOL LAND ACQUISITION(250) 2018/19 2018/19 2018/19 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3811001 Transfer from General Fund $ 345,621 $ 13,514 $ 359,135 3999000 Carryover 7,514 26 7,540 SUBTOTAL $ 353,135 $ 13,540 $ 366,675 Total Amendments-Revenues $ 13,540 DEBT SERVICE Non-Departmental-9001-590 7230 Interest $ 62,486 $ 13,540 $ 76,026 SUBTOTAL $ 62,486 $ 13,540 $ 76,026 Total Amendments-Expenditures $ 13,540 DEBT SERVICE FUND SERIES 2012(B)CHARTER SCHOOL BUILDING CONSTRUCTION(290) Pli' 2018/19 2018/19 2018/19 OBJECT ADOPTED AMENDED REVISED ,CODE CATEGORY BUDGET AMOUNT BUDGET Transfer/Debt Proceeds 3811901 Transfer from Charter School Fund $ 394,083 S 15,936 $ 410,019 SUBTOTAL $ 394,083 $ 15,936 $ 410,019 Total Amendments-Revenues $ 15,936 DEBT SERVICE Non-Departmental-9001-590 7230 Interest $ 69,732 $ 15,936 $ 85,668 SUBTOTAL $ 69,732 $ 15,936 $ 85,668 Total Amendments-Expenditures $ 15,936 Page 3 of 4 Exhibit A CAPITAL PROJECTS FUND(392) 2018/19 2018/19 2018/19 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover-Police $ 134,700 $ 51,465 $ 186,165 3999000 Carryover-Community Services - 265,913 265,913 3999000 Carryover-Public Works/Transportation - 325,000 325,000 SUBTOTAL $ 134,700 $ 642,378 $ 777,078 Total Amendments-Revenues $ 642,378 Expenditures Police(2001-521) 6999 Capital Reserve-Police $ - $ 51,465 $ 51,465 Community Services(5001-572) 6999 Capital Reserve-Community Services - 913 913 Public Works/Transportation(5401-541) 6999 Capital Reserve-Public Works/Transportation - 325,000 325,000 Non Departmental/Transfers(9001-581) 3930 Transfer to Charter H.S.Construction Fund(Fund 393) - 265,000 265,000 SUBTOTAL $ - $ 642,378 $ 642,378 Total Amendments-Expenditures $ 642,378 AVENTURA CHARTER SCHOOL CONSTRUCTION FUND(393) 2018/19 2018/19 2018/19 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non-Revenue 3999000 Carryover $ 11,170,235 $ 927,166 $ 12,097,401 3814000 Transfer from Capital Projects Fund-Park Impact Fees - 265,000 265,000 SUBTOTAL $ 11,170,235 $ 1,192,166 $ 12,362,401 Total Amendments-Revenues $ 1,192,166 Expenditures Charter School Capital Outlay(6010-561) 6208 Facility/Building Construction $ 13,170,235 $ 1,192,166 $ 14,362,401 SUBTOTAL $ 13,170,235 $ 1,192,166 $ 14,362,401 Total Amendments-Expenditures $ 1,192,166 • Page 4 of 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICD • Community Development Director DATE: March 28, 2019 SUBJECT: Clarification to and Correction of Scrivener's Errors in the City of Aventura Building Permit Fee Schedule April 2, 2019 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached resolution clarifying permit fee calculation formulas and correcting scrivener's errors in the City of Aventura Building Permit Fee Schedule, for ease in review by applicants. BACKGROUND Section 14-91 of Chapter 14, Article IV. Building Permits, of the City Code authorizes the City to impose fees for the issuance of building permits and related services of the Community Development Department. The Code provides that such fees shall be set and may be amended from time to time by resolution of the City Commission following a public hearing. The City's original building permit fee schedule was adopted by City Commission in October of 1996. It was amended in March of 1998 to add a fee for hot water heater replacements. It was further amended in April of 2000 to increase fees to reflect changes in State and County rules and regulations that had a cost impact on the building inspection process, to include new required reviews and to include new services previously not included in the fee schedule. The last amendment was in November of 2009 for a small increase in permit fees to correspond with the permit fees charged by Miami-Dade County and for provision of an up-front permit fee. It has come to staffs attention that some clarifications and corrections are needed. The clarifications and correction of scrivener's errors are highlighted in yellow in the fee schedule attached as Exhibit "A"to the attached Resolution. The clarifications proposed by the attached Resolution will not increase any existing permit fees and will not change the way that the permit fee schedule has been interpreted historically. It will clarify the fee section and fee amount applicable to the different categories of construction for ease of review by applicants. The correction of the scrivener's errors are errors that occurred in the 2009 update of the fee schedule and relate to permit fees for storm and sanitary sewer lines and for certificates of occupancy. 2 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH ADOPTED A FEE SCHEDULE FOR BUILDING PERMITS AND WHICH RESOLUTION WAS AMENDED BY RESOLUTION NO. 98-28, BY RESOLUTION NO. 2000-24 AND RESOLUTION NO. 200945; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 14-91 of the City Code, the City Commission is authorized to set a fee schedule for building permit fees; and WHEREAS, the City Commission adopted Resolution No. 96-38 which established the fee schedule for building permit fees; and WHEREAS, the City Commission adopted Resolution No. 98-28, Resolution 2000-24 and Resolution No. 2009-45 which provided for amendment to the building permit fee schedule; and WHEREAS, the City Commission has held the required public hearing, duly noticed in accordance with law; and WHEREAS, the City Commission has deemed it necessary to further amend the building permit fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the fee schedule for building permits in the City of Aventura adopted by Resolution No. 96-38, amended by Resolution No. 98-28, Resolution No. 2000-24 and Resolution No. 2009-45, is hereby amended as set forth in Exhibit "A" attached hereto and incorporated herein. Section 2. That the City Manager is hereby authorized to take all necessary and expedient action to carry out the aims of this Resolution. Section 3. Effective Date. That this Resolution shall be effective immediately upon adoption, and shall be effective retroactively from and after November 3, 2009 as to those scrivener's errors and clarifications which are identified in the staff report that accompanies this Resolution. 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 Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Resolution No.2019- PASSED AND ADOPTED this 2nd day of April, 2019. 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 , 2019. CITY CLERK Page 2 of 2 Exhibit A City of Aventura, Florida Community Development Department C� �r � O./" , 11011k- /.MIN IMO.I T_ ...IMIll - IE.. v ..MI= =IN 11 .. , 10 ,00 n♦ 1.4 O 's. ti eke Qyz .Y ofExce Building Permit Fee Schedule Effective November 2009 Clarification and Scrivener's Error Correction March 2019 BUILDING PERMIT FEE SCHEDULE' A. GENERAL INFORMATION ON SPECIAL FEES, REFUNDS, EXTENSIONS AND CANCELLATIONS I. DOUBLE FEES When work for which a permit is required is commenced prior to the obtaining of a permit, the permit applicant shall be required to pay one hundred dollars ($100.00) plus a double permit fee. The payment of the required fee shall not relieve any person, firm or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve them from being subject to any of the penalties therein. The double fee requirements shall be applicable to all divisions of the Community Development Department. For second offense of doing work without a permit, the permit applicant shall be required to pay twice the double permit fee plus two hundred dollars ($200.00). For each offense thereafter, the permit applicant shall be required to pay twice the double permit fee plus five hundred dollars ($500.00). 2. REINSPECTION FEES When extra inspection trips are necessary due to (1) wrong address being given on call for inspection, (2) prior rejection of work due to faulty construction, (3) work not being ready for inspection at time specified, (4) failure to call for final or other inspections, (5) required corrections not being made or completed at time specified, (6) no access to site (7) partial inspection requested, a fee of seventy-five dollars ($75.00)for each re- inspection shall be charged to the permit holder in the trade concerned. If it is determined by the field inspector concerned, that the job has the same problem after the re-inspection fee is assessed and paid, then a second re-inspection fee of one hundred dollars ($100.00) shall be charged. The payment of re-inspection fees shall be required prior to requesting the next required inspections. 3. LOST AND REVISED PLANS FEE a. LOST PLANS When plans for new buildings and additions are lost by the owner or contractor, a recertification fee will be required to review, stamp and approve a new set of plans as a field copy. Such fee shall be based on thirty percent(30%) of the original building permit fee, with a minimum fee for Group Occupancy R3 (single family residences or duplexes) of seventy-five dollars ($75.00), and a minimum fee for all others of one hundred and thirty dollars ($130.00). b. REVISED PLANS PROCESSING FEE Underlined text indicates proposed additions to existing fee schedule. Stricken through text indicates proposed deletions from existing fee schedule. Effective November 2009 Clarification and Scrivener's Error Correction March 2019 1. Major plan revision after permit is issued shall be subject to a fee of fifty percent (50%) of the original permit fee up to a maximum of one thousand dollars($1,000.00). 2. Each time plans are revised for any reason during the processing period they shall be subject to a fee increase of fifty percent(50%) of the original permit fee up to a maximum of one thousand dollars ($1,000.00). Minor plan revision shall be subject to a fee at the rate of twenty eight dollars and seventy five cents ($28.75) per sheet. c. LOST BUILDING PERMIT FEE A replacement fee of thirty dollars ($30.00) shall be charged for the loss of a Building Permit document after a permit has been issued. 4. REFUNDS,TIME LIMITATION, CANCELLATIONS The fees charged pursuant to this schedule, provided the same are for a permit required by the Florida Building Code. may be refunded by the Director of the Community Development Department, subject to the following: a. No refunds shall be made on requests involving: 1) permit fees of one hundred and thirty dollars ($130.00) or less; or 2) permits revoked by the Building Official or Director of Community Development under authority granted by the Florida Building Code, or permits canceled by court order; or conditional permits; or 3) permits which have expired; or 4) permits under which work has commenced as evidenced by any recorded inspection having been made by the Department; or 5) the original permit holder when there is a change of contractor. b. A full refund less one hundred and thirty dollars ($130.00) or fifty percent (50%) of the permit fee, whichever deduction is greater, rounded to the nearest dollar, shall be granted to a permit holder who requests a refund provided that: 1) the Department receives a written request from the permit holder prior to the permit expiration date; and 2) the permit holder submits with the written request the applicant's validated copy of said permit; and Effective November 2009 Clarification and Scrivener's Error Correction March 2019 3) no work has commenced under such permit as evidenced by any recorded inspection. c. Where there is a change of contractor or qualifier involving a permit, the second permit holder shall pay a fee of one hundred and ten dollars($110.00). d. A fee of sixty three dollars and twenty five cents ($63.25) shall be paid by the permit holder who submits a written request for a permit extension as authorized by the Florida Building Code. e. Permit renewal I) within six (6) months of expiration fee will be 50%of original permit fees. 2) after six (6) months of expiration fee will he 100%of original permit fees. Provided that no refund had been made as provided in this Section. 5. SPECIAL PROJECTS a. A fee equal to actual staff time and related costs shall be assessed for special projects requiring research by the department in order to answer questions proposed by developers, attorneys, realtors in connection with the use, re- subdivision, and development of properties, or to determine if any existing violations are on the property through a review of departmental records. Such special fee only will be levied for requests outside the scope of normal Department work. A minimum fee of sixty dollars ($60.00) shall be charged. A fee equal to two dollars ($2.00) per page shall be assessed for pre-programmed computer reports on department records. The minimum fee shall be fifty dollars ($50.00). 6. GENERAL INFORMATION a. Fees required by other regulatory agencies, such as the State of Florida and Miami- Dade County will be added to the final permit. b. Impact fees are assessed on certain building permits, including reapplication on expired permits. 7. FLOOD PLAIN REVIEW a. Flood Plain Plan Review(Residential),per plan $17.25 b. Flood Plain Plan Review(Commercial), per plan $28.75 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 B. BUILDING PERMIT FEES Fees listed in section B include only building permit fees and do not include plumbing, electrical or mechanical fees, certificate of occupancy fees, or contractor/tradesmen fees which are listed in the following sections: 1. A fee equal to the greater of (0.50%)30% of the estimated pewee job cost or the minimum permit fee, as stated in the permit fee schedule, shall be collected at the time a permit application is submitted. Such fee collected at the time of permit application shall be credited to the final permit fee. If such permit is not picked by the applicant or representative after the permit reviews have been performed, this fee shall be retained by the City and shall not be refunded. 2.MINIMUM FEES FOR BUILDING PERMIT The minimum fee for all building permits is applicable to all items in $130.00 the section-except as otherwise specified (This minimum does not apply to add on building permits issued as supplementary to current outstanding permits for the same job.) 3. NEW BUILDINGS OR ADDITIONS New Construction Single Family and Duplex per sq ft 0.35 per sq. ft. Prefabricated utility sheds with slab (max 100 sq. ft. of 130.00 floor area) 150.00 255.00 A35 Alterations or repairs to Single Family Residence or Duplex (Group 1)per$1.00 of estimated cost or fractional 0.06 Part Minimum Fee 130.00 Repairs due to fire damage per$1.00 of estimated cost or fractional part(copy construction contract required) 0.07 Minimum Fee 255.00 Storage& Industrial Use of Group S& F occupancies 100 10.50 sq. ft. or fractional part of floor area Shade Houses per 100 sq. ft. or fractional part of floor area 0.40 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 Greenhouses& buildings for agricultural uses(nonresidential)when located on the 6.50 premises so used per 100 sq. ft. or fractional part of floor area Mobile Home additions-each 100 sq. ft. or fractional part 7.90 of floor area Tents 150.00 All others in Group per 100 sq. ft. or fractional part of floor area 12.00 For structures of unusual size or nature such as arenas, stadiums and water and 6.25 sewer plants,the fee shall be based on construction cost for each$1,000 of estimated cost or fractional part 4. NEW CONSTRUCTION OTHER THAN GROUP R3 . For each$1,000 of estimated cost or fractional part , 10.00 Subsoil preparation for each$1,000 of estimated costs 6.00 (does not include C.O. to occupy property) 5. ALTERATIONS AND REPAIRS TO BUILDINGS AND OTHER STRUCTURES (EXCEPT GROUP R3) For each$100.00 of estimated cost or fractional part 1.40 Minimum Fee 225.00 6. MOVING BUILDINGS OR OTHER STRUCTURES For each 100 square feet or fractional part thereof(does not include cost of new 10.00 Foundation or repairs to building or structure) 7. ROOFING (Including re-roofing) Roofing shingle and other roof types not listed 0.10 Per sq. ft. up 30,000 sq. ft Each sq. ft. thereafter 0.06 Roofing Tile 0.13 Per sq. ft. up to 30,000 Each sq. ft. thereafter 0.07 8. FENCES AND/OR WALLS Effective November 2009 Clarification and Scrivener's Error Correction March 2019 Metal (each linear foot) 1.35 Wood(each linear foot) 0.75 Concrete(each linear foot) 1.35 9. SWIMMING POOLS,SPAS, AND HOT TUBS Each new pool/spa/hot tub 135.00 Repairs 130.00 10. TEMPORARY PLATFORMS AND TEMPORARY BLEACHERS TO BE USED FOR PUBLIC ASSEMBLY for each 100 square feet or fractional part of platform area 6.00 For each 100 lineal feet or fractional part of seats 5.15 11. DEMOLITION OF STRUCTURES For each structure 170.00 12. STOREFRONT/FIXED GLAZING/CURTAIN WALLS Each 100 sf or fraction thereof 10.00 13. SHOP DRAWING REVIEW 130.00 14. INSTALLATION OR REPLACEMENT OF WINDOWS OR DOORS First 5 windows and/or doors Minimum Fee Each additional window 10.00 15. SCREEN ENCLOSURES,CANOPIES AND AWNINGS a. SCREEN ENCLOSURES Each 100 square feet or fraction 10.00 b. FREE STANDING CANOPIES For each $1,000.00 of estimated cost or fractional part 10.00 c. AWNINGS AND CANOPIES Horizontal projection per square feet area covered 0.09 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 d. SHUTTERS Shutters up to 600 square feet 130.00 Each additional square foot 0.09 16. TRAILER TIE DOWN Trailer: including tie down 130.00 This does not include installation of meter mounts and service equipment. Separate mechanical plumbing and related electrical permits are required. 17. SIGN PERMIT FEES Sign fee per sign 130.00 18. SATELLITE DISHES 170.00 C. PLUMBING PERMIT FEES 1. MINIMUM PLUMBING OR GAS FEE PER PERMIT Except as otherwise specified 130.00 (This minimum does not apply to add on plumbing permits issued as supplementary to current outstanding permits for the same job.) 2. ROUGHING-IN OR PLUGGED OUTLETS Bathtubs, closets, doctors, dentists, and hospital sterilizers, autoclaves, autopsy tables and other fixtures, appurtenances or other appliances having water supply or waste outlet, or both, drinking fountains, fixtures discharging into traps or safe waste pipes, floor drains, laundry tubs, lavatories, showers, sinks, slop sinks, urinals, water heaters For each roughing-in or plugged outlet 9.00 Fixtures set on new roughing-in or plugged outlets or replaced on old roughing in : 9.00 each fixture 3. SEPTIC TANKS, SETTLING TANKS,GAS AND OIL INTERCEPTORS, GREASE TRAPS: (Including tank abandonment, drain tile and relay for same) 150.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 Installation 4. SEWER Each building storm sewer and each building sewer where connection is made to a 45.00 septic tank, to a collector line or to an existing sewer or to a city sewer or soakage pit or to a building drain outside a building Sewer Capping 45.00 5. CONDENSATE DRAIN (AIR CONDITIONING): Per outlet 18.00 6. WATER PIPING: Water service connection to a municipal or private water supply system (for each 12.00 meter on each lot) Water connection or outlets for appliance or installations not covered by fixture set 18.00 above Irrigation system, and underground sprinkler system for each zone 25.00 Solar water-heater installation, equipment replacement or repair 130.00 Swimming pool piping, not including well (new installation or replacement 130.00 including service connection) Sump pump 18.00 2" or less water service backflow assembles 50.00 2 V2"or larger water service backflow assembles 80.00 Repairs to water piping: for each $1,000 estimated cost or 50.00 fractional part 7. WELLS All wells 130.00 8. NATURAL GAS OR A LIQUEFIED PETROLEUM: For each outlet (includes meters and regulators) 9.00 For each appliance(does not include warm air heating units, but does include 9.00 unvented space heaters and vented wall heaters-No duct work) (See Fee section E (3) for heating) For each meter(new or replacement) 60.00 For major repairs to gas pipe where no fixture or appliance installation in involved See repairs Underground L.P. Gas Tanks 130.00 Above ground L.P. Gas Tanks 130.00 Change of company - (no additional appliances or outlets) 70.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 9. WATER TREATMENT PLANTS,PUMPING STATIONS,SEWAGE TREATMENT PLANT AND LIFT STATIONS: Water treatment plant(interior plant piping) 300.00 Sewage treatment plan(interior plant piping) 215.00 Lift Station(interior station piping) 345.00 Sewage ejector 125.00 10. WATER AND GAS MAINS: (On private property and other than public utility easements) Each foot 1.50 11. STORM AND SANITARY UTILITY AND/OR COLLECTOR LINES BUILDING DRAIN LINES: Each 50 lineal feet-feet 15.00 Each manhole or catch basin 15.00 12. TEMPORARY TOILETS-WATERBORNE OR CHEMICAL Temporary Toilet Unit(Each) 130.00 Renewal of temporary toilet same charge as original permit 130.00 13. DENTAL Each system (chair) 100.00 14. TRAILER OR MANUFACTURES HOMES CONNECTIONS Construction Trailers Each unit 120.00 15. REPAIRS Each$100.00 estimated cost or fractional part 15.00 16. WATER HEATERS REPLACEMENT (RESIDENTIAL ONLY) Each unit 130.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 D. ELECTRICAL PERMIT FEES I. MINIMUM ELECTRICAL PERMIT FEE INCLUDING REPAIR WORK PER PERMIT Except as otherwise specified 130.00 (This minimum does not apply to add-on electrical permits issued as supplementary to current outstanding permits for the same job and demolition work.) 2. PERMANENT SERVICE TO BUILDINGS- NEW WORK ONLY (The following fee shall be charged for total amperage of service.) For each 100 amp. or fractional part 7.00 3. FEEDERS: (Includes feeders to panels, M.C.C.; switch-boards, generators; automatic transfer switches, elevators, etc.) Each feeder 18.00 4. AGRICULTURAL SERVICE (Permanent) Per amp 130.00 5. TEMPORARY SERVICE FOR CONSTRUCTION Per service 130.00 6. TRAILER SERVICE (CONSTRUCTION) Per service 170.00 7. TRAILER SERVICE (RESIDENTIAL) Per service 130.00 8. TEMPORARY SERVICE FOR TEST (COMMERCIAL ONLY) a. Equipment and service(30 day limit)per meter 130.00 b. Elevator(180 day limit)per elevator 130.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 9. RESIDENTIAL WIRING (New construction of Group R3 and living units of Group RI ) Applies to all electrical installations except common areas, parking lot area and/or buildings and house service of Group RI For each 100 square feet or fractional part of floor area 11.00 Common areas of Group RI includes: corridors, public lounges, elevators, pumps, A/C (public area), lights, outlets, house and emergency service, etc. These areas shall be subject to the fees below: 10. ALL OTHER WIRING AND OUTLETS: a. Includes boxes, receptacles, switches, sign, fractional motor, fans, low voltage 2.50 outlets, empty outlets for telephone, CTV, each outlet, 110 volt smoke detectors each outlet box b. Special outlet 10.00 c. Commercial equipment(KVA rated)X-ray outlets, commercial cooking 10.00 equipment, presses, generators, transformers, permanently connected. For each 10 KW or fractional part Motors (Fractional already covered on general outlets) 13.00 Air conditioning and refrigeration system (new work). Applies to commercial and residential, agricultural and industrial. Covers related work,except wall or window units which are covered under special outlets. 1) Per ton or fraction part thereof 9.00 2) Air conditioning and refrigeration system strip heating, space heating. For each 2.30 10 KW of fractional part 3) Replacement or relocation of existing A/C and refrigeration units (same size) Per ton 1.20 Per KW .65 Electrical equipment—replacement(existing facilities) Fee based on cumulative cost of the following components: 1) Switchboards, M.C.C.,panels, control boards. For each board 30.00 11. LIGHTING FIXTURES Fee based on cumulative cost of the following components: Includes floodlights, spotlights, parking lights,tennis court lights, fluorescent and incandescent fixtures, etc. a. Per fixture 2.30 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 b. Plugmold, light track, neon strips. Each 5 feet or fractional part 4.45 c. Per lighting pole (standards)(Fixture to be charged separately) 18.00 12. SIGNS& ARCHITECTURAL FEATURE (Indoor Neons) Per outlet 12.00 Per square feet of sign 1.75 Repairs, and reconnection each 85.00 Neon strips each 5 feet or fractional part 5.00 13. TEMPORARY WORK ON CIRCUSES, CARNIVALS, FAIRS, CHRISTMAS TREE LOTS, FIREWORKS, TENTS, ETC. Per Ride or Structure 72.00 14.FIRE DETECTION SYSTEM Includes fire alarm systems, Halon,etc. Does not include single 110 volt residential detectors. Per system 180.00 15. MASTER TELEVISION ANTENNA AND RADIO SYSTEM Does not include CATV and telephone empty conduit system. Does include free wiring of same. Master control 30.00 Each device 1.70 16. BURGLAR ALARM SYSTEM Wiring 90.00 Installation Devices 65.00 Complete System 130.00 17. INTERCOM SYSTEM Includes residential (3 units or more), nurse call, paging, etc.: Each system plus devices 110.00 18. ENERGY MANAGEMENT SYSTEM Per floor 150.00 Repair per floor 85.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 19. SWIMMING POOLS,ELECTRICAL Fee based on cumulative cost of the following components a. Residential pool or spa (Group I) (Includes motor and pool lights) 85.00 b. Residential Combination pool/spa (includes motor and pool lights) 130.00 c Commercial and multi-family dwelling pool or spa 200.00 d Commercial, multi-family dwelling combination pool/spa 275.00 20. FREE STANDING SERVICE -New meter and service(Requires processing) Fee based on cumulative cost of the following components: Includes lift stations, sprinkler systems, street lighting, parking lots, etc. that 130.00 require new service with separate meter E. MECHANICAL PERMIT FEES 1. MINIMUM MECHANICAL PERMIT FEE Except as otherwise specified 130.00 (This minimum does not apply to add on mechanical permits issued as supplementary to current outstanding permits for the same job.) 2. AIR CONDITIONING AND REFRIGERATION,INCLUDING THE RELOCATION OF EQUIPMENT Separate permits are required for electrical, water and gas connections. For each ton capacity or fractional part thereof 22.00 Room A/C Wall units 70.00 3. FURNACES AND HEATING EQUIPMENT, INCLUDING COMMERCIAL DRYERS, OVENS AND OTHER FIRED OBJECTS NOT ELSEWHERE CLASSIFIED (Includes all component parts of the system except fuel and electrical lines). For each KW 4.50 4. FIRE SPRINKLER SYSTEM 70.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 5. STORAGE TANKS FOR FLAMMABLE LIQUIDS Per tank 215.00 6. INTERNAL COMBUSTION ENGINES Stationary 110.00 7. COMMERCIAL KITCHEN HOODS Each 180.00 8. OTHER FEES a. Fire chemical halon and spray booths For each system 150.00 b. Insulation, Pneumatic Tube, Conveyor Systems, Pressure and Process Piping, Sheet metal or Fiberglass Air Conditioning Duct, Cooling Towers, Mechanical Ventilation Ductwork or Ductless Ventilation For each$1,000.00 or fractional part of estimated cost 15.00 9. WATER TOWERS Per ton 15.00 F. BOILERS AND PRESSURE VESSELS Installation permit fees: Including initial inspections and certificate. Does not include installation or connection of fuel and water lines. 1. BOILERS: The following fees apply to each boiler to be installed. Boilers less than 837 MBTU each 110.00 Boilers 837 MBTU to 6,695 MBTU each 130.00 Boilers 6,695 MBTU and up each 180.00 Steam driven prime movers, each 85.00 Steam actuated machinery, each 85.00 Unfired pressure vessels (operating at pressures in excess of 60 psi and having 110.00 volume of more than 5 cubic feet) each pressure vessel Boiler Repair for each $1,000.00 or fractional part of cost _ 15.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 2. FEES FOR PERIODIC RE-INSPECTION: Steam Boilers(annual)Each 180.00 Hot water boilers (annual )Each 75.00 Unfired pressure vessels (annual) Each 65.00 Miniature boilers (annual)Each 65.00 Certificate of inspection(where inspected by insurance company) each 110.00 Shop inspection of boiler or pressure vessels per completed vessel 110.00 (Minimum of$280.00 per half day,full day, regardless of number of vessels 560.00 inspected) G. CERTIFICATE OF USE AND OCCUPANCY AND CERTIFICATE OF COMPLETION The following original fees shall be paid for all uses. The indicated renewal fee applies to those uses which are required to be renewed annually by Code or by Resolution. All non- renewable uses are issued permanent use and occupancy certificates which shall remain valid for an unlimited time, unless revoked for cause or abandoned and providing there is no change of use,ownership,or name, or that there is no enlargement,alteration or addition in the use or structure. RESIDENTIAL (CO per unit) Original Fee Annual Renewal Fee Duplexes,per structure 40.00 None Bungalow courts 52.00 None Apartments,hotels,motor hotels 63.25 None and all multiple family uses-per building with 4-50 Units 51-100 Units 75.00 None 101-200 Units 86.36 None 201 or more units 97.75 None Private school, day nursery, 103.50 57.50 convalescent and nursing home, hospital, ACFL and Developmentally Disabled home care BUSINESS,WHOLESALE & Original Fee Annual RETAIL Renewal Fee Per square feet of business area .0345 (B1) Effective November 2009 Clarification and Scrivener's Error Correction March 2019 Minimum 115.00 63.25 Automobile, trailer, boat, truck, .0345 etc., rental or sales from open lot or combination open lot and building per square feet of business area Minimum 115.00 184.00 Change of owner or restaurant 103.50 63.50 liquor/beer/wine in conjunction with restaurants, grocery stores, etc. INDUSTRIAL Original Fee Annual Renewal Fee Per square feel of business area .0345 Minimum 115.00 63.50 Automobile used parts yard, .023 commercial incinerators,junkyards, slaughterhouses, bulk storage or petroleum products, and utility plants. Per square feet of business area Minimum 483.00 184.00 UNUSUAL USE, SPECIAL Original Fee Annual PERMITS Renewal Fee All unusual uses, except the 241.50 184.00 following Churches None None Airport, commercial dump 483.00 184.00 permits, racetracks, stadiums Cabaret, nightclub, liquor or 304.50 304.50 package store Rock quarries, lake excavations 362.25 184.00 and/or filling thereof Effective November 2009 Clarification and Scrivener's Error Correction March 2019 Circus or Carnival (per week) 212.75 212.75 Open lot uses 143.75 120.75 Land clearing, sub soil preparation 126.50 143.75 AGRICULTURAL Original Fee Annual Renewal Fee All uses, except as otherwise listed 143.75 143.75 herein TRAILER USE Original Fee Annual CERTIFICATES Renewal Fee a. Trailers approved for temporary 207.00 207.00 occupancy during construction of a residence (section 33-168 Metro Code) b. Trailers approved for 402.50 402.50 commercial purposes or development projects, including watchman's quarters and temporary sales trailers - - ' -- 143.75 143.75 28.75 5-7.50 (Balloons) . - - • 230.00 (Demo) 345,00 Arigee Annual Renewal-Fee 69000 Nene _ Certificate-of Certiifc tpe of Use and Occupancy __upJ Effective November 2009 Clarification and Scrivener's Error Correction March 2019 (Previded-rie-vielatiefr exists-at time of C.O.) CHANGE OF USE OR NAME Where there is a change of use or name,the fee shall be the original fee listed for the proposed use. REFUNDS. No refunds shall be made of fees paid for use and occupancy permits. In case of error, adjustment may be made by the Director of the Community Development Department. OCCUPANCY WITHOUT C.O. Original Fee Annual Renewal Fee (In violation) (WO) 172.50 plus a double C.O.fee FALURE TO RENEW C.O. C.O.'s not renewed on or before the renewal date will be assessed a $172.50 violation fee plus a double C.O. fee CERTIFICATE OF Original Fee Annual COMPLETION Renewal Fee Single family residence, 28.75 Nonc Townhouse Unit, and commercial shell "UPFRONT" FEE j. _ . • • - - u ,, • - - _ - - • C.O. AND TCO INSPECTION FEE When an inspection is necessary prior to the issuance of a C.O. or TCO, an inspection fee of$34.50 is charged for each inspector who is required to make Effective November 2009 Clarification and Scrivener's Error Correction March 2019 a field inspection. Temporary C.O.s will be charged at a fee equal to the final C.O. cost in addition to the inspection fee. This fee will be needed valid up to ninety (90) days. C.O. REINSPECTION FEE When extra inspection trips are necessary due to 1) wrong address being given on a call for inspection 2) required corrections not being made or completed at time specified 3) failure to provide access to the property or use, a fee of$57.50 for each inspector who must return shall be charged. Any re- inspection after the initial re-inspection shall require payment of a $115.00 fee H. ANNUAL FACILITY PERMITS In accordance with the provisions of the Florida Building Code, each firm or organization which performs its own maintenance work with certified maintenance personnel as well as helpers thereunder may pay to the City of Aventura an annual Master and Subsidiary Facility Permit (Premise Permit) fee in lieu of other fees for maintenance work. Such fee shall be paid to the Community Development Department and such permit shall be renewed annually at a fee which is calculated in accordance with the provisions of this subsection. 1. CALCULATION OF THE INTIAL MASTER FACILITY PERMIT FEE Each firm or organization which obtains an annual Master premise permit shall include in their application for such permit the total number of maintenance personnel, including helpers and trainees thereunder assigned to building, electrical, plumbing or mechanical work. The Master Facility Permit (Premise Permit) shall be computed by multiplying the total number of such employees times seventy-two dollars ($72.00). The minimum Master Facility Permit fee shall be one thousand three hundred and fifty dollars ($1350.00). 2. CALCULATION OF THE INITIAL SUBSIDIARY FACILITY PERMIT FEE Each firm or organization which utilizes decentralized locations in addition to the main location described under 1. above may additionally apply for a Subsidiary Facility Permit (Premise Permit) for each such decentralized location. Such application for a Subsidiary Facility Permit (Premise Permit) shall include the same information required in 1. above. The Subsidiary Facility Permit Fee shall be computed by multiplying the total number of such employees times seventy-two dollars ($72.00). The minimum Subsidiary Facility Permit fee shall be three hundred and eighty dollars ($380.00). Effective November 2009 Clarification and Scrivener's Error Correction March 2019 3. RENEWAL OF FACILITY PERMIT Prior to each facility permit expiration, the holder will be sent a renewal notice to continue the facility permit for the next renewal period. The calculation of the renewal facility permit fee shall be the same as the method used to calculate the original facility permit fee. No allowances shall be made for late renewal fees or part year renewal fees. I. 40-YEAR RECERTIFICATION FEES For every application for 40-year recertification under the Florida Building Code, there shall be paid to the Community Development Department for the processing of each application a fee of three hundred and seventy five dollars ($375.00). For every application for subsequent recertification at 10 year intervals thereafter, there shall be paid to the Community Development Department for the processing of each application a fee of three hundred and seventy five dollars ($375.00). Recording fees: Established by the Clerk of the Court (Recorder) J. STRUCTURAL GLAZING SYSTEMS—RECERTIFICATION FEES For the initial application for structural glazing recertification and each subsequent application, there shall be paid to the Community Development Department for the processing of each application a fee of three hundred and fifty five dollars ($355.00). K. FLORIDA BUILDING CODE—UNSAFE STRUCTURES Case Processing Fee 500.00 Pictures - each 2.90 Inspection Fee - each 160.00 Posting of Notices - each 50.00 Unsafe Structures Board Processing Fee 180.00 Title Search Actual Cost Court Reporting Transcription Actual Cost Legal Advertisement Actual Cost Permit Fees Actual Cost Lien/Recordation/Cancellation of Notices - each Actual Cost Bid Processing Fee 145.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019 Demolition/Secure Services Actual Cost Asbestos Sampling& Abatement Actual Cost Corporate Information 30.00 Extension Fee 150.00 Effective November 2009 Clarification and Scrivener's Error Correction March 2019