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09-10-2019 Regular Commission Meeting Agenda City Manager -+ City Commission Ronald J. Wasson Enid Weisman, Mayor Denise Landman, Vice MayorCity Clerk Dr. Linda Marks, Commissioner Ellisa L. Horvath, MMC Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner City Attorney Robert Shelley, Commissioner Weiss Serota Helfman Howard Weinberg, Commissioner Cole & Bierman 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  Aventura City of Excellence School Update from Principal Tyrkala  Don Soffer Aventura High School Update from Principal McKnight 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  July 9, 2019 Regular Commission Meeting  July 18, 2019 Commission Meeting  July 18, 2019 Regular Commission Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. MOTION TO APPROVE EXTENSION OF TIME TO OBTAIN A BUILDING PERMIT FOR THE CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2018-63, FROM JULY 10, 2019 TO JANUARY 10, 2020. Aventura City Commission Meeting Agenda September 10, 2019 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AVENTURA AND CORDOVA RODRIGUEZ & ASSOCIATES INC. FOR PLANNING REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 19-07-12- 2, CITY OF AVENTURA CUSTODIAL SERVICES FOR GOVERNMENT CENTER , TO AK BUILDING SERVICES FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT “A” ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THEASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE ENFORCEMENT OF SECTION 8CC OF THE MIAMI-DADE COUNTY CODE AS IT RELATES TO SECTION 21-81 OF THE MIAMI-DADE COUNTY CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION APPROVING A CONFLICT RESOLUTION DESIGNEE FOR THE DON SOFFER AVENTURA HIGH SCHOOL IN ACCORDANCE WITH THE CITY MANAGER’S MEMORANDUM DATED AUGUST 20, 2019. H. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION TO ACCEPT DON SOFFER AVENTURA HIGH SCHOOL OUT-OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER’S MEMORANDUM DATED AUGUST 28, 2019. I. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL: MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL OUT-OF- FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER’S MEMORANDUM DATED AUGUST 30, 2019. J. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2019 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 30, 2019 ATTACHED HERETO AS ATTACHMENT 1. 23 Page of Aventura City Commission Meeting Agenda September 10, 2019 6. ZONING HEARINGS – QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission’s agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTIONS/PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN ANGELO EIA PIZZA BAR TAPAS LOCATED IN SUITE 103, 2910 NE 207 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING MODIFICATION OF THE SIGN VARIANCE APPROVED THROUGH RESOLUTION NO. 2011-55 FOR A DIRECTIONAL SIGN AT AVENTURA TURNBERRY JEWISH CENTER, 20400 NE 30 AVENUE, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. None. 7. ORDINANCES – FIRST READING/PUBLIC HEARINGS: None. 8. ORDINANCES – SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: 10. REPORTS 11. PUBLIC COMMENTS None. 12. OTHER BUSINESS: 13. ADJOURNMENT FUTURE MEETINGS* *Meeting dates and times are subject to change. Please check the City’s website for the most current schedule. SECOND BUDGET PUBLIC HEARING – SEPTEMBER 18, 2019 AT 6:00 P.M. COMMISSION CHAMBER COMMISSION REGULAR WORKSHOP – SEPTEMBER 19, 2019 AT 9 AM TH EXECUTIVE CONFERENCE ROOM (5 FLOOR) COMMISSION REGULAR MEETING – OCTOBER 2, 2019 AT 6:00 P.M. COMMISSION CHAMBER COMMISSION REGULAR WORKSHOP – OCTOBER 17, 2019 AT 9 AM TH EXECUTIVE CONFERENCE ROOM (5 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. 33 Page of Theat), ( CITY COMMISSION Aventura Government Center A •��""�F lI REGULAR MEETING MINUTES 19200 W.Country Club Drive JULY 9, 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 6:01 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, 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 led by the Commission. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Don Soffer Aventura High School Update - Principal: Principal David McKnight provided a brief status report on the Don Soffer Aventura High School, scheduled to open for students on August 19, 2019, including enrollment, staffing, construction, and teacher planning. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Weinberg, seconded by Commissioner Shelley, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • June 11, 2019 Regular Commission Meeting • June 20, 2019 Regular Commission Workshop Meeting • June 20, 2019 Special Commission Meeting B. Resolution No. 2019-33 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2019-34 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION Aventura City Commission Regular Meeting Minutes July 9, 2019 OF ONE OF ITS APPOINTEES TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN TO FILL A VACANCY; AND PROVIDING FOR AN EFFECTIVE DATE. D. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $14,000 FOR UPGRADES TO TI INTERACTIVE POLICE TRAINING SIMULATOR FROM THE POLICE FEDERAL FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2019-35 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR GENERAL PROFESSIONAL ENGINEERING SERVICES,INCLUSIVE OF THE SCOPE OF SERVICES AND FEE SCHEDULE AS OUTLINED IN EXHIBIT "A," BETWEEN THE CITY OF AVENTURA AND KIMLEY-HORN AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2019-36 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 19- 06-20-2,CITY OF AVENTURA HOLIDAY LIGHTING DISPLAY FOR OUTSIDE LIGHTING DISPLAYS TO FLORIDA CDI, LLC / CHRISTMAS DESIGNERS FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; BY AMENDING SECTION 36- 22 "DEFINITIONS"; BY AMENDING SECTION 36-23 "ADMINISTRATION OF THE RETIREMENT PLAN" TO ADDRESS BOARD COMPOSITION; BY Page 2 of 4 Aventura City Commission Regular Meeting Minutes July 9,2019 AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO REVISE RETIREMENT CRITERIA; BY AMENDING SECTION 36-29 "VESTING AND TERMINATION" TO REVISE VESTING CRITERIA; BY AMENDING SECTION 36-35 "DEFERRED RETIREMENT OPTION PROGRAM" TO REVISE DROP PARTICIPATION; PROVIDING FOR REPEAL; 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 Dr. Marks 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 second reading passed unanimously, by roll call vote, and Ordinance No. 2019-12 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,ACCEPTING AND ADOPTING IN PRINCIPLE,SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2019/20 TO 2023/24 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Shelley and seconded by Vice Mayor Landman. Mr. Wasson reviewed the resolution and discussed the reduction in the cost for the restroom renovations at the Community Recreation Center. 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. 2019-37 was adopted. 10. REPORTS: Commissioner Mezrahi reported on the positive test scores for ACES (Aventura City of Excellence School). She, along with Mayor Weisman, also thanked Leah (Kirson), Vivian (Shapiro), and Jeannie (Stofman) for their assistance with improving the landscaping and opening the pier and gazebo at the Waterways. Page 3 of 4 Aventura City Commission Regular Meeting Minutes July 9,2019 Commissioner Dr. Marks reported on the June 27, 2019 Commission Liaison Meeting regarding the Don Soffer Aventura High School. She additionally invited members of the public to attend the Commission Meeting scheduled for September 10, 2019 at 4:30 p.m., as the Commission interviews selected applicants to be considered for the Don Soffer Aventura High School Advisory Board. Commissioner Shelley thanked Mr. Wasson and Finance Director Brian Raducci for reviewing the City's investment policy, responding proactively concerning the City's strategies, and providing a forthcoming report. 11. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. The following members of the public provided comments: Sandy Goldsmith (20301 W. Country Club Drive, Aventura), Jeannie Stofman (Yacht Club Drive, Aventura), and Daniel Naim (20865 NE 32 Avenue, Aventura). 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 Landman, and unanimously approved; thus adjourning the meeting at 6:21 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on September 10, 2019. Page 4 of 4 The Clty Of CITY COMMISSION Aventura MEETING MINUTES Aventura Government Center 19200 W.Country Club Drive JULY 18, 2019 Aventura,Florida 33180 _._.mmwm _..__ 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:05 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Gladys Mezrahi, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Robert Shelley was absent. As a quorum was determined to be present, the meeting commenced. 2. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Wasson reviewed the highlights of the budget process for the upcoming year as outlined in the budget message. Mr. Wasson reviewed the proposed 2019/2020 budget document, as follows: A. GENERAL FUND: Revenues, General Government Departments (including City Commission, Office of the City Manager, Legal, City Clerk's Office, Finance, and Information Technology), Police Department, Community Development Department, Community Services Department, Public Works/Transportation Department, Arts & Cultural Center Department, Non-Departmental, and Capital Outlay. The following items were discussed by the Commission in detail: the 2% salary increase for employees as presented versus providing a 3% salary increase, as well as the change in health insurance companies from United to Aetna. A motion to amend the General Fund Budget by providing a 3% salary increase for employees was offered by Commissioner Dr. Marks and seconded by Commissioner Mezrahi. The motion failed, with the roll call vote as follows: Commissioner Dr. Marks and Commissioner Mezrahi voting in favor; Commissioner Narotsky, Commissioner Weinberg, Vice Mayor Landman, and Mayor Weisman voting against. A motion to approve the General Fund Budget as presented was offered by Commissioner Narotsky, seconded by Commissioner Mezrahi, and unanimously passed by roll call vote. B. MOTION TO ADOPT RESOLUTION TO ESTABLISH TENTATIVE MILLAGE RATE: Mr. Wolpin read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2019/2020 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Minutes July 18, 2019 A motion to approve the Resolution was offered by Vice Mayor Landman and seconded by Commissioner Mezrahi. Mr. Wasson reviewed the Resolution, which established a millage rate for the 2019/2020 fiscal year of 1.7261 per $1,000 of taxable assessed value. He noted that the millage rate remained the same as the prior year. The proposed dates for the budget hearings were presented, as provided in the agenda, as follows: First Budget Hearing September 10, 2019 at 6:00 p.m. and Second Budget Hearing September 18, 2019 at 6:00 p.m. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2019-38 was adopted. Mr. Wasson continued his review of the proposed 2019/2020 budget document, as follows: (C) Police Education Fund, (D) Transportation and Street Maintenance Fund, (E) 911 Fund, (F) Debt Service Funds, (G) Capital Projects Fund, (H) Aventura Charter High School Construction Fund, (I) Stormwater Utility Fund, and (J) Police Off-Duty Services Fund. A motion to approve the budgets for the funds listed as C-J was offered by Vice Mayor Landman, seconded by Commissioner Mezrahi, and unanimously passed by roll call vote. • 3. RESOLUTIONS: Mr. Wolpin read the following Resolution by title: A. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL, ADOPTING A MENTAL HEALTH PLAN FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES); AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Mezrahi and seconded by Vice Mayor Landman. Mr. Wasson reviewed the Resolution adopting the Mental Health Plan for ACES, as mandated by State statute and to be submitted to the Miami-Dade County School Board for approval, in order to be eligible to receive State funding. The typographical error, on page 5 of the Plan, will be corrected as noted at the meeting. Page 2 of 4 Aventura City Commission Meeting Minutes July 18, 2019 Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2019-39 was adopted. Mr. Wolpin read the following Resolution by title: B. CITY COMMISSION, IN ITS CAPACITY AS THE DON SOFFER AVENTURA HIGH SCHOOL BOARD OF DIRECTORS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS FOR THE DON SOFFER AVENTURA HIGH SCHOOL, ADOPTING A MENTAL HEALTH PLAN FOR THE DON SOFFER AVENTURA HIGH SCHOOL; AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Mezrahi and seconded by Commissioner Narotsky. Mr. Wasson reviewed the Resolution adopting the Mental Health Plan for Don Soffer Aventura High School, as mandated by State statute and to be submitted to the Miami- Dade County School Board for approval, in order to be eligible to receive State funding. The typographical error, on page 5 of the Plan, will be corrected as noted at the meeting. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2019-40 was adopted. Mr. Wolpin read the following Resolution by title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING SUPPORT FOR COMMUNICATIONS INFRASTRUCTURE EFFORTS WHICH ARE UNDERTAKEN IN PREPARATION FOR MIAMI-DADE COUNTY'S HOSTING OF SUPER BOWL LIV; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Vice Mayor Landman and seconded by Commissioner Mezrahi. Mr. Wasson reviewed the Resolution supporting communications infrastructure efforts, as requested by the Miami-Dade County Board of County Commissioners. Page 3 of 4 Aventura City Commission Meeting Minutes July 18, 2019 Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2019-41 was adopted. Mr. Wolpin read the following Resolution by title: D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S GROUP HEALTH INSURANCE PROGRAM TO AETNA FOR ITS MANAGED CHOICE POS AS SPECIFIED IN THE REQUEST FOR PROPOSALS ("RFP"); AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Vice Mayor Landman and seconded by Commissioner Mezrahi. Mr. Wasson reviewed the Resolution selecting a new insurance carrier for the City's group health insurance program, while providing a comparable plan to the current one. Lloyd Rhodes, President - The Rhodes Insurance Group (the City's Benefit Consultant) and Raul Marcano, Vice President of Sales & Service - Aetna, provided information on the Aetna benefit plan and agreed to invite providers not currently in their network that are on City's current insurance plan. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2019-42 was adopted. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Vice Mayor Landman, and unanimously passed; thereby, adjourning the meeting at 10:29 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on September 10, 2019. Page 4 of 4 CITY COMMISSION APThe atY of WORKSHOP MEETING MINUTES Aventura Government Center - Velliallra JULY 18, 2019 19200 W.Country Club Drive Aventura,Florida 33180 Following 9:00 a.m. Commission Meeting Zw,..f 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weisman at 10:29 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Robert Shelley was absent. As a quorum was determined to be present, the meeting commenced. 2. DISCUSSION TO BAN PLASTIC STRAWS AND BAGS (Commissioner Mezrahi): Commissioner Mezrahi requested that the Commission consider implementing a regulation banning plastic straws and plastic bags. Mr. Wolpin provided an update on the legal issues with such an ordinance and recommended that the Commission wait for the outcome of an appeal filed with regards to a similar ordinance adopted by the City of Coral Gables. Following a discussion of encouraging the business community to address the issue of single-use plastics and the fiscal impacts associated with doing so, the Commission discussed the need to have a better understanding on the issues in Aventura including what the businesses and residents would want, the possibility of offering incentives, and a community outreach program detailing options for recycling. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to reach out to the larger businesses within the City to gain input from them on their views regarding the issue and to contact Aventura resident Alan Frent, an Environmental Sustainability Consultant, for information on possible solutions. Mr. Wasson will report back to the Commission with the information obtained for further discussion. 3. PROPOSED CREATION OF A VISITOR CENTER (Commissioner Mezrahi): Commissioner Mezrahi suggested that the Commission consider establishing a Visitor Center in Aventura. The Commission discussed possible funding through business sponsorships, grants, and the GMCVB (Greater Miami Convention & Visitors Bureau). Mr. Wolpin provided information on the state legislation regarding the 1967 Municipal Resort Tax, which only applies in Miami Beach, Bal Harbour and Surfside, and on the County Tourist Development Tax, by which the County receives a tax from the hotels in Aventura. The Commission discussed applying to the County to receive some of those funds, as well as possibly adding an item to next year's Legislative Program and Priorities to change the current legislation on Municipal Resort Tax; thereby, allowing the City to receive the resort tax just as it is received by Miami Beach, Bal Harbour and Surfside. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to research the format of visitor centers in other municipalities, as well as possible grants and other funding opportunities available. Mr. Wasson will report back to the Commission with the information obtained for further discussion. Aventura City Commission Regular Workshop Meeting Minutes—July 18, 2019 4. DISCUSSION OF REQUEST FOR COMMUNITY SPONSORSHIP FROM THE PELICAN HARBOR SEABIRD STATION (City Manager): Mr. Wasson explained the request from the Pelican Harbor Seabird Station for the City to become a community partner. Christopher Boykin, Executive Director — Pelican Harbor Seabird Station, provided a PowerPoint detailing the work of the non-profit native wildlife rehabilitation facility in Miami-Dade County. He reported on the 56 admissions of wildlife from within the City of Aventura. Mr. Boykin outlined the opportunities available to the City from providing a sponsorship including educational opportunities at the City's schools as well as City events. Mr. Wolpin reviewed the restrictions in Section 7.05 of City's Charter regarding charitable contributions and Commissioner Weinberg reported that historically the City did not provide donations. The Commission discussed possibly allocating funds to be disbursed to non-profits as determined by the Commission and in compliance with the Charter. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to review the language regarding charitable contributions in the Charter and to provide a general non-profit entity donation policy for the Commission's consideration at the next Commission Workshop. 5. Discussion of Commuter Train Stop (Commissioner Weinberg): Commissioner Weinberg discussed the article provided in the agenda regarding the creation of additional train stops and the benefits to municipalities having them. The crossings that affect Aventura were discussed, without the benefit of a stop. He urged for Aventura to be a part of the discussions, as the stations are developed, even if a stop is not on city property or within the City. The Commission discussed the possible locations for a train station including private property in the Aventura Medical District or in the County's jurisdiction. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to keep an ongoing dialogue on the issue, to ascertain any benefits for the City. 6. COMMISSION LIAISON UPDATE ON DON SOFFER AVENTURA HIGH SCHOOL (Commissioner Dr. Marks): Commissioner Dr. Marks provided an update from the June 27, 2019 Commission Liaison Meeting and reported that the following applicants, for the Don Soffer Aventura High School Advisory Board, would be interviewed by the Commission on September 10, 2019: Zeynep Beykant, Patrick Brown, Jorge Garcia, Dana Newman Marin, and Annette Weissman. Principal David McKnight reported on the enrollment of 208 students and no Aventura residents on the wait list. In response to Commission discussion, Mr. Wasson and Mr. McKnight addressed concerns regarding the selection available for the school uniforms. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—July 18, 2019 City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to work with Mr. McKnight and the vendor to add navy pants as a uniform color option, which will also be relayed to the students and their parents. Additionally, Mr. Wasson will send a letter to neighbors of the school notifying them of the school opening date, anticipated traffic during certain times, and asking for their understanding as the school and City work to resolve any issues. The following additional items were discussed: Mr. Wasson responded to comments regarding the lack of notification regarding the Waterways Park closing. Commissioner Landman reported on her attendance at the NALEO Conference held in June, which highlighted the upcoming census and the importance of the involvement of municipalities. Commissioner Narotsky noted that Aventura resident Frida Lapidot had moved out of state and commented that her involvement in the community would be missed. 7. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:57 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on September 10, 2019. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 28, 2019 SUBJECT: Resolution Declaring Equipment Surplus September 10, 2019 City Commission Meeting Agenda Item 56 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 CC01823-19 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 Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 10th day of September, 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: August 7, 2019 I would like to have the below vehicles, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: 2012 6G1 MK5U30CL648000 Chevy Caprice 2009 2FAHP71V49X128831 Ford CV 2012 6G1 MK5U30CL649695 Chevy Caprice 2012 2G1WF5E31C1251961 Chevy Impala 2011 2FABP7BV4BX123705 Ford CV 2010 _ 2FABP7BV1AX118038 Ford CV CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: Ronald Wasson, City Manager FROM: Bryan Pegues, Chief of Police SUBJECT: Surplus Property DATE: August 27, 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 have exceeded their useful life and are no longer needed: Harris P7150 handheld radios Serial Number(s) 9021665 9021667 9022084 9022085 9022086 9022087 9022088 9022090 9022151 9022152 9022153 9103984 9103985 9103986 9103987 9103988 9103991 9103992 9103993 9107204 9107206 9107335 9107336 9107337 9107338 9107340 9107385 9107388 9107390 9107392 9107474 9107477 9107479 9107482 9107483 9107597 7245902 9107600 9107603 9155335 9155338 9159479 9159481 9159482 9159483 9159486 9159610 9159611 9159757 9159758 9163059 9163060 9163061 9163062 9163063 9163064 9163065 9163066 7245891 9163068 9270251 9270255 9270259 9270260 9270671 9270672 9270673 9270674 9270675 9270676 9281253 9281254 9281255 9281258 9281259 9281260 9281516 9281517 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICP Community Develop ent Director DATE: August 13, 2019 SUBJECT: Request of Herbert and Cynthia Zucker for extension of Conditional Use Approval granted through Resolution No. 2018-63 to permit the construction of a rooftop addition to an existing residential penthouse unit at 20281 East Country Club Drive, PH 4 and PH6, City of Aventura (01- CU-18 EXT) September 10, 2019 City Commission Meeting Agenda Item 5'(', RECOMMENDATION It is recommended that the City Commission approve, by motion, the request for extension of the approval granted through Resolution No. 2018-63 for an additional six month period, from July 10, 2019 to January 10, 2020. THE REQUEST The applicants, Herbert and Cynthia Zucker, are requesting a six month extension of the conditional use approval granted through Resolution No. 2018-63 passed on July 10, 2018. The conditional use approval permitted construction of a rooftop addition to an existing residential penthouse unit with a height of 26 stories or 272.5 feet where the maximum height in the RMF4 zoning district is 25 stories and 250 feet. The unit is located in the Hamptons West condominium at 20281 East Country Club Drive. One of the conditions of approval was that the applicants obtain consent from the Condominium Association. The applicants are requesting the extension to allow them to continue to address outstanding concerns from the Condominium Association. The request for extension letter dated July 2, 2019 is attached as Exhibit #1 to this staff report. Resolution No. 2018-63 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 this 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. 2018-63 passed on July 10, 2018. The above code section provides that the approvals are void if a building permit is not obtained on or before July 10, 2019. Condominium Association approval has not yet been issued and consequently, a building permit has not been issued by the City to date. The applicants advise that they are continuing to work with their Association to address outstanding concerns. Pursuant to the above code section, 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 support of a time extension for obtaining permits. It is therefore recommended that a six month extension of the conditional use approval be granted. 2 B ERCOW RADGLL FERNAN DEZ & LARKIN ZONING, LANE) USE ANC) ENVIRONMENTAL LAW DIRECT LINE:(305)377-6238 E-Mail: MMarreroaBRZoningLaw.corn July 2,2019 VIA HAND DELIVERY &EMAIL rwasson@cityofaventura.com Mr. Ronald J. Wasson City Manager City of Aventura 19200 West Country Club Drive Aventura,FL 33180 RE: Section 31-73(e)(2) Request for Extension of Time of Conditional Use Approval of Application 04-CU-18 Obtained through Resolution No. 2018-63. Dear Mr. Wasson: We represent Herbert and Cynthia Zucker, the owners of units PH4 and PH6 in The Hamptons West I Condominium located at 20281 East Country Club Drive, Aventura,Florida. On July 10, 2018, the Aventura City Commission approved Application 04-CU-18 through Resolution No. 2018-63 and granted the Zuckers a conditional use approval to construct a rooftop addition on their units. See Exhibit A, Resolution No. 2018-63. Condition number three of this approval, however, required that the Condominium Association with jurisdiction over the improvements confirm in writing to the City that it approved the rooftop addition before any building permits were issued to the Zuckers. Our team is still working on addressing some of The Hamptons West I Condominium Association's outstanding concerns regarding the rooftop addition. Accordingly,pursuant to Section 31-73(e)(2)of the Code of Ordinances,City of Aventura, Florida, we respectfully request a six month extension on the conditional use approval granted through Resolution No. 2018-63. Exhibit 1 JUL - 3 2019 01-CU-18 EXT SOUTHEAST RNANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SUITE 850•MIAMI, FLORIDA 33131 PHONE.305.374.5300•FAX.305.377.6222•WWW.BRZONINGLAW.COM Mr. Ronald J. Wasson July 2,2019 Page 2 of 2 Please do not hesitate to contact me at (305) 374-6238 with any questions or concerns. I look forward to City Commission's favorable disposition of our request. Sincerely, 4111/111/10.- I Michae J. Marr cc: Herbert Roy Zucker Cynthia Zucker Jeffrey Bercow, Esq. BERCOW RADELL FM:MANDEZ & LARKIN ZONING. LAND USE ANC) ENVIRONMENTAL LAW RESOLUTION NO. 2018-63 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE CONSTRUCTION OF A ROOFTOP ADDITION TO AN EXISTING RESIDENTIAL PENTHOUSE UNIT IN THE RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, WHERE THE PROPOSED ADDITION HAS A HEIGHT OF 26 STORIES OR 272.5 FEET AND WHERE A MAXIMUM HEIGHT OF 25 STORIES OR 250 FEET IS PERMITTED BY CODE, FOR PROPERTY WITH MUNICIPAL ADDRESS 20281 EAST COUNTRY CLUB DRIVE, PH4 AND PH6, CITY OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multifamily High Density Residential District: and WHEREAS, the Applicants, Herbert and Cynthia Zucker, through Application No. 04-CU-18, have requested conditional use approval to permit the construction of a rooftop addition to an existing penthouse unit at the Hamptons West condominium building with a maximum height of 26 stories or 272.5 feet, where a maximum height of 25 stories or 250 feet is permitted by Code: and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the application for conditional use and finds that the conditional use requested meets the standards for approval of conditional uses as set forth in Section 31-73(c) of the City's Land Development Regulations: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 04-CU-18 for conditional use approval of a rooftop addition to the existing residential penthouse, where the proposed addition has a height of 26 stories or 272.5 feet and where a maximum height of 25 stories or 250 feet is permitted by Code, on land described in Exhibit ''A" is hereby granted, subject to the following conditions: 1 The applicant shall obtain all necessary permits for the addition and for the first floor interior remodeling; and 2. Plans submitted for building permits shall substantially comply with the plans submitted as part of this application. subject to any necessary reduction in proposed height which was stipulated to by the Applicant at the July 10, 2018 public hearing; and Exhibit 2 01-CU-18 EXT Cin or Aventura Rcsetla on No 1018-63 3. No building permit shall be issued for the rooftop addition, unless the Condominium Association having jurisdiction over the improvements first confirms in writing to the City, after the date of adoption of this Resolution, that the construction of the improvements have been approved by the Condominium Association; and 4. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be null and void unless extended by a motion of the City Commission; and 5. Any discontinuation of the approved conditional use for a period of one hundred and eighty (180) consecutive days shall constitute abandonment and shall rescind this approval. 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 Weinberg, who moved its adoption. The motion was seconded by Commissioner Shelley, and upon being put to a vote, the vote was as follows- Commissioner Denise Landman Yes Commissioner Dr Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi Yes Mayor Enid Weisman Yes Pane 2of4 City of Aventura Resolution No. 2O13- PASSED AND ADOPTED this 10th day of July, 2018. 1 f , ENID WEIS4L4N, MAYOR . TA- (Pert .‘ ATTEST: ELLISA L. HORVATH, M CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY- ,_14/ Lt/ /\/ f\--Th CITY ATTO EY 1/1 Page 3 of City of Aventura Resolution Na. 201H-63 EXHIBIT A Legal Description of Land Condominium Unit No. PH4 and Unit No. PH6 of THE HAMPTONS WEST, a condominium, according to The Declaration of Condominium recorded in OR Book 12321, page 2200 and all exhibits and amendments thereof, Public Records of Miami Dade County, Florida, together with an undivided interest in the common elements appurtenant thereto. Page 4 of 4 9, APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.71(bu2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted, The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship (i.e.Attorneys,Architects,Landscape PI AArchitects,Engineers,Lobbyists,Etc.) , M C�Y'Y�' - 4O r,•P rn y .if? ,t., r9162rcow A..4 a r/IP ti (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31.71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION. THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS 1}.h DAY OF AVD v s. t1 ,20i 1 AUTHOR . --' 7 •TIV' OF APPLICANT: OWNER J ` _ By: r/�- By: sr (S'nature > , • ire Name:� t C f M k retro Name:_ t rbc. i- 24Z VC-10r (Print) (A*) l Title: A4A+Ci M a y Title: O Lk/et t r Address:+�.0 r? I a;siv � .ter [� � j�� SO Address: d 1 E, C// CU. O :vs, � ipL r 1 h v-t'-ki - , pr. 13 40 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared 141 Ave 4 Lie- i asj e a 'zed representative of the Applicant andlor the owner of the property subject to the application, who being first by me duly "• :` F-;-r or a u, .. he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ....:.-ii - � — ; .� 22 AFFI SWORN TO AND SUBSCRIBED BEFORE ME this,, clay of_�'20 IF. 11. Notary Public Ste: , Fiori Al Large Printed Name of Notary DS My commission expires: /to%O) )"'"i DIANA RAMOS t j • • MYOO SIONSGO301�i i V- u, , D01IRE&Apd1 10,2023 V;,. Bwidsd lku P1�1e1ladsnidin , BUSINESS RELATIONSHIP AFFIDAVIT* y This Affidavit is made pursuant to Section 31-71(b)(2Xii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x'applicable portions only) D..r'` Atfiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ( I 2. Affiant hereby discloses that jt does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: (IL Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; ((ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; [)N. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [11v. A City Commissioner or Board member is a Client of the Applicant or Representative; (I v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; [)vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than� $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS__t-6 DAY OF Alr+3 t(- + ,200 APPLICA • By: (Signature) Name: I.c I1.4/ ,nI&err, (Print) Title: A-Mro r...e1 (Print) WITNESS MY HAND THIS DAY OF 200_ PROPERTY 0 /4';-7 _ By:... 4w...00-Adair _(Signature) Name: jaw. 7....4.k+.— (Print) Title: w n.r r (Prim) 'The terms Business Relationship," Client," 'Customer," 'Appliicant," Representative`and "Interested Person'are defined in Section 2-395 of the Aventura City Code. STATE OF FLORIDA ) A COUNTY OF M IAMI-DADE ) a The for-.• ment was acknowledged before me this t, day of a,204,by M ,who is personally known to me• h Ill as identification. Vt.Ai DIANA RAMOS :,•-' PAY CO ON100$08355 NOTATY IO',•TURE '—� '.. �I�AQIO 10,2023 Print,type,or stamp of notary ,, BOededlIwNoloriPullolMdatkotlas Notary Public,State of Florida My Commission expires 'tjioj ? WITNESS MY HAND THIS 9 DAY OF 116 U; ,20tr REPRES , V• t: ed on Business Relationship Affidavit) B( /� i. (Signature) By: (Signature Name: IC h el I M,rrerprint) Name: (Print) Title:_._Ar+-4-3 rix (PrintJ Title: .._ (Print) Byx_ I a/ (Signature) By: (Signature i n Name:_A e rl iStr:a y (Print) Name: (Rtitt) Title: kites(p1 .__(Print) Title: (Print) By: (Signature) By: _(Signature Name: _(Print) Name:_._. (Print) Title: (Print) Title: ___ (Print) By: (Signature) By: — (Signature Title: __(Print) Title: (Print) Title: (Print) Tide: (Print) By:._ _ (Signature) By: -_- (Signature Title: _ (Print) Title: ____(Print) Title: (Print) Title:_______ _ _. OW By: (Signature) By: (Signature Title: (Print) Title: - (Al Title: (Print) Title: _._ (Print) - NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) 6 Before me,the undersigned authority,personally appeared M tG hal M p'1-A1lhe Affiani, o 't by me duly sworn,did swear or affirm that he/she executed this Affidavd for the purposes stated therein and that it is true and correct. -- Aar 1 A IANT SWORN T• :, r c '_ I 4VC t- al' DIANARAMOS ( •• MY Notary Pyblic State A Florida At Large I-�� } EXPIRE&Apd10.2023 p(anA ) S ., ' BoodedllauNotaryPY6leUadetualetu Printed Name of Notary r/f� a3 - - .. My commission expires:__ _ STATE OF FLORIDA )-.-.._..__.�.—..__.--•__.-- COUNTY OF MIAMI-DADE) (ryy�h //}} � Before me.the undersigned authority,personally appeared Irre L?Ct'r.d'..d Ali: , who bei .firs ? //duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. / AFFI l SWORN T9abII BVIWIBEDbete Int this j J_dr of _ 20d� / r .r..„. DIANA __ _ '• 1,I t) UYCOMM SS$0N/OO 305355 Notary Public •of At Large f EXPIRE*Apt110,2021 Q►G! .tzoc. ol Bonded iho Ahbie Wanders Printed Name of Notary (D�„ My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared__ the Affiant who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct._ AFFIANT SWORN TO AND SUBSCRIBED before me this _day of__ _,200_. • Notary Public State of Florida At Large Pricked Name of Notary ---- My commission expires:__ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared` the Affiant who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT _-__. ___ SWORN TO AND SUBSCRIBED before me this. __day of _ 200. Notary Public Stale of Florida At Large Panted Name of Notary -- My My commission expires:_ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasso City Manager BY: Joanne Carr, AICe "r Community Development Director DATE: August 13, 2019 SUBJECT: Agreement for Professional Planning Services with Cordova Rodriguez & Associates Inc. September 10, 2019 City Commission Meeting Agenda Item T D RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing execution of an Agreement for Professional Planning Services with Cordova Rodriguez & Associates Inc. BACKGROUND Cordova Rodriguez & Associates Inc. has been providing planning services to the City since 2006 as a subcontract under the former engineering services contract with Craven Thompson. The Craven Thompson contract has now been superseded by the recent contract with Kimley-Horn & Associates. Planning services were excluded from the new Kimley- Horn contract negotiations. Cordova Rodriguez & Associates Inc. has provided exemplary service to the City for the past 13 years. Planning review and research are always completed on or before the timelines required. Generally, the consultant's staff attends the Government Center offices one day per week to assist staff with plan review and other projects. Staff is recommending an Agreement to continue the planning services with the same terms and conditions as the former subcontract under the previous engineering services agreement. The major points of those terms and conditions are: • Cordova Rodriguez & Associates' staff will be compensated at a rate of $125.00 per hour, with the condition that total yearly compensation not exceed $50,000. This is the same hourly rate that has been paid for the past 13 years. • The Agreement may be terminated by the Consultant for cause and by the City without cause, upon 30 days' written notice. • The term of the Agreement is one year, from August 1, 2019 to July 31, 2020, with provision to automatically renew unless terminated by either party. This Agreement is similar to the City's agreement for other consulting services and gives flexibility to the City. The Consultant's time can be increased or decreased as the workload requires. 2 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 AN AGREEMENT BETWEEN THE CITY OF AVENTURA AND CORDOVA RODRIGUEZ & ASSOCIATES INC. FOR PLANNING REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and Cordova Rodriguez & Associates Inc. for planning review professional consultant services. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 10th day of September, 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 AGREEMENT BETWEEN THE CITY OF AVENTURA AND CORDOVA RODRIGUEZ & ASSOCIATES, INC. FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT is entered into this day of September, 2019 between: CITY OF AVENTURA, a municipal corporation of the State of Florida, its successors and assigns, hereinafter referred to as "City" and Cordova Rodriguez & Associates, Inc., a Florida Corporation, its successors and assigns, hereinafter referred to as"Consultant" for professional services to commence on August 1, 2019. WHEREAS, the City desires to retain the professional services of Consultant to provide planning assistance services; and WHEREAS, the Consultant desires to provide the City with planning assistance services; and WHEREAS, this Agreement and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the agreement will be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Consultant agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS. For the purposes of this agreement and the various covenants, conditions, terms and provisions which follow, the definitions and identifications set forth below are assumed to be true and correct and are therefore agreed upon by the parties. 1.1 CONTRACT ADMINISTRATOR: Whenever the term "Contract Administrator" is used herein, it is intended to mean the City Manager or designee. In the administration of this agreement, all parties may rely upon instructions or determinations made by the Contract Administrator. 1.2 CONSULTANT: Cordova Rodriguez & Associates, Inc., which is the professional organization with whom the City has contracted for the performance of professional planning services pursuant to this agreement. 1.3 CITY: City of Aventura, Florida, a body corporate and politic and a municipal corporation of the State of Florida. 1.4 NOTICE OF AWARD: A written statement issued by the Contract Administrator directing Consultant to begin work. 1.5 PROJECT: The nature of the Project includes general consulting planning services as requested by the City and other projects as assigned. 1 1.6 REIMBURSABLES: Whenever the term Reimbursables is used herein, it is intended to man actual expenses directly related to the performance of the services as set forth in this agreement. Reimbursables are limited to: a. Identifiable expenses of transportation in connection with the Project subjectto the provisions and limitations for public agencies established in Chapter 112, Florida Statutes. Automobile travel inside Broward, Miami-Dade and Palm Beach Counties is not reimbursable. Surface travel outside Florida and all air travel will be reimbursed onlywhen prior written approval for such expense has been given by Contract Administrator. Rental cars shall be mid-sized or smaller. b. Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel connected expenses for Consultant's personnel subject to the limitations of Chapter 112, Florida Statutes. c. Identifiable communication expenses for express mail charges. d. Identifiable cost of printing reproduction and aerial photography. e. Identifiable testing costs. f. Permit application fees. All fees paid to regulatory agencies for approvals directly attributable to the Project. Reimbursable subcontractor expenses are limited to the items described above when the subcontractor incurs authorized reimbursable expenses. Notwithstanding anything to the contrary in the Agreement, all Reimbursables that exceed Five Hundred Dollars ($500.00) shall be approved, in writing, by the Contract Administrator prior to incurring the expenditure. Failure to comply with this provision shall result in the waiver of the Reimbursables. 1.7 BILLING RATE: Whenever the term Billing Rate is used herein, it is intended to mean average base salaries and wages paid to personnel by employee category engaged directly on the Project, including all fringe benefits, overhead and profit. Billing Rate by employee category are shown on Exhibit "A". 1.8 PLANNING ASSISTANCE: Whenever the term Planning Assistance is used herein, it is intended to mean those professional services provided to City on a day-to-day basis for specific tasks provided the estimated Consultant cost for specific task does not exceed Fifty Thousand Dollars ($50,000.00) per fiscal year. City shall describe the Task to be undertaken by Consultant. 2 Consultant shall agree upon a level of effort and employee category to be assigned to the specific Task, and provide City with a proposal for the work. City shall authorize Consultant, in writing, to provide professional services requested for the specific Task. 1.9 WORK AUTHORIZATION: Whenever the term Work Authorization is used herein, it is intended to mean professional services related to specific projects identified by City. A work authorization will be issued for special projects outside of the parameters of the day to day planning assistance services. The authorization issued by City shall contain the following information and requirements: A description of the work to be undertaken and method of compensation with reference to the appropriate paragraphs of this Agreement. A budget establishing the amount of compensation to be paid, which amount shall constitute a guaranteed maximum, or a lump sum at the Contract Administrator's sole discretion, and shall not be exceeded unless prior written approval of City is obtained. The information contained in the budget shall be in sufficient detail so as to identify the various elements of costs and the adequacy of such budget information shall be subject to the approval of the City. A time established for completion of the work or services undertaken by Consultant or for the submission to the City of documents, reports and other information pursuant to this Agreement. The time established for performance shall be subject to approval of the City; however, the time may, in the sole discretion of the City, be extended upon justification of Consultant that additional time is necessary for performance. Failure on the part of the Consultant to comply with the time established for performance may result in termination of this Agreement. Work Authorizations for special projects shall be dated and serially numbered. ARTICLE2 PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which thisAgreement is based. 2.1 Consultant is engaged as an independent business and agrees to perform work as an independent consultant. In accordance with the status of an independent consultant, the Consultant covenants and agrees that the Consultant will conduct business in a manner consistent with that status and that the 3 Consultant will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to worker's compensation coverage, unemployment insurance benefits, social security coverage, retirement membership, or credit. 2.2 Neither the Consultant nor the City intends to directly or substantially benefit a third party by this agreement. Therefore, the parties agree that there are no third party beneficiaries to this agreement and that no third party will be entitled to assert a claim against either of them based upon this agreement. ARTICLE 3 SCOPE OF SERVICES 3.1 The Scope of Services required to be performed by Consultant shall be identified under one of the following procedures: Planning Assistance for specific "day-to-day" work Tasks as requested by City and agreed to by Consultant. Professional Services for a Project as set forth in a Work Authorization. Consultant shall provide all services as set forth in the Work Authorization including, without limitations, all necessary, incidental and related activities and services required. 3.2 Consultant and City acknowledge that a Work Authorization does not delineate every detail and minor work Task required to be performed by Consultant to complete a Project. If, during the course of the performance of a Work Authorization, Consultant determines that it should perform work to complete a Project which is outside the level of effort originally anticipated, Consultant shall notify Contract Administrator in writing in a timely manner before proceeding with the work. If Consultant proceeds with said work without notifying Contract Administrator as provided in Article 6, said work shall be deemed to be within the original level of effort, whether or not specifically addressed in the Work Authorization. Notice to Contract Administrator does not constitute authorization or approval by City. Performance of work by Consultant outside the originally anticipated level of effort without prior written City approval is at Consultant's sole risk. ARTICLE4 TIME OF PERFORMANCE 4.1 In the event Consultant is unable to complete performance of services because of delays resulting from untimely review and approval by governmental authorities having jurisdiction over a Project and such delays are not the fault of Consultant, City shall grant a reasonable extension of time for completing the work. It shall be the responsibility of Consultant to notify the Contract Administrator promptly in writing whenever a delay is anticipated or experienced, and to inform the Contract Administrator of all facts and details related to the delay. 4 4.2 Consultant shall provide City with a current up-to-date phone contact list of personnel at all times. ARTICLE 5 COMPENSATION AND PAYMENT 5.1 City agrees to pay Consultant, as compensation for performance of all approved Planning Assistance services required under the terms of this Agreement, those Billing Rates described in Article 1.8 and to reimburse Consultant for Reimbursables as described in Article 1.7, plus subcontractor fees pursuant to paragraph 5.6 for approved Planning Assistance services. The Billing Rates payable by City for Consultant's employee categories is shown on Exhibit "A". Total compensation for a fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). 5.2 City agrees to pay Consultant as compensation for performance of all services as related to a Work Authorization required under the terms of this Agreement at those Billing Rates described in Article 1.8 plus subcontractor fees pursuant to paragraph 5.6, up to the guaranteed maximum payment to be negotiated and stated in the Work Authorization and to reimburse Consultant for Reimbursables as described in Article 1.7 up to the guaranteed maximum payments to be negotiated in the Work Authorization, for a total guaranteed maximum stated in the Work Authorization. It is understood that the method of compensation is that of"guaranteed maximum" which means that Consultant shall perform all services set forth for total compensation in the amount of or less than that stated in the Work Authorization. The Billing Rates payable by City for Consultant's employee categories is shown on Exhibit "A". 5.3 Consultant shall submit billings, authorized under Planning Assistance on a monthly basis in a timely manner for all labor and Reimbursables attributable to the task. These billings shall identify the nature of the work performed, the total hours of work performed and the employee category of the individuals performing same. Billings shall itemize Reimbursables by category and identify same as to the work personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by Contract Administrator is required for Reimbursables, a copy of said approval shall accompany the billing for such Reimbursables. External Reimbursables and subcontractor fees must be documented by copies of invoices or receipts, which describe the nature of the expenses and contain a project number or other identifier, which clearly indicates the expense, is identifiable to a task. 5.4 Consultant shall submit billings for hourly work or that are identified by the specific Project and Work Authorization number on a monthly basis in a timely manner for all labor and Reimbursables attributable to a Project. These billings shall identify the nature of the work performed, the total hours of work performed and the employee category of the individuals performing same. Billings shall itemize Reimbursables by category and identify same as to the work personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by Contract Administrator is required for Reimbursables, a copy of said approval shall accompany the billing for such Reimbursables. The statement shall show a summary of labor costs and 5 Reimbursables with accrual of the total and credits for portions paid previously. Copies of invoices must document external Reimbursables and subcontractor fees or receipts that describe the nature of the expenses and contain a project number or other identifier that clearly indicates the expense is identifiable to a Project. Internal expenses must be documented by appropriate Consultant's cost accounting forms with a summary of charges by category. When requested, Consultant shall provide backup for past and current invoices that records hours and hourly rates by employee categories, Reimbursables by category and subcontractor fees on a task basis, so that total hours and cost by task may be determined. 5.5 Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the Contract Administrator's option, the contract method of payment may be a lump sum amount for a specific, detailed scope of services. For lump sum contracts, Consultant shall invoice based upon percentage of work complete. Supporting information shall be provided to document the estimate of completion percentage. 5.6 Consultant shall bill identifiable subcontractor fees at the actual fees paid by Consultant. 5.7 City agrees that it will use its best efforts to pay Consultant within thirty (30)calendar days of receipt of Consultant's proper statement as provided above. The parties shall comply with section 218.70, F.S., et seq. the Prompt Payment Act. 5.8 Payment will be made to Consultant at: CORDOVA RODRIGUEZ &ASSOCIATES, INC. 6941 SW 196th Ave., Suite 28 Pembroke Pines, FL 33332 ARTICLE 6 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES 6.1 Services related to Planning Assistance tasks which would increase, decrease, or which are outside the level of effort agreed upon by City and Consultant shall be services for which Consultant must obtain prior written approval of City before compensation can be paid. 6.2 Services related to a Work Authorization which would increase, decrease, or which are otherwise outside the Scope of Services or level of effort contemplated by a Work Authorization shall be services for which Consultant must obtain the prior written approval from City before compensation can be paid. All terms for the performance of such services must be agreed upon in writing in a document of equal dignity herewith prior to any deviation from the terms of a Work Authorization and when properly executed shall become an Amendment to the Work Authorization. 6 ARTICLE 7 CITY'S RESPONSIBILITES 7.1 City shall assist Consultant by placing at Consultant's disposal all information it has available pertinent to the Project including previous reports and any other data relative to a Project. It shall be Consultant's sole responsibility to physically retrieve said information. 7.2 City shall arrange for access to make all provisions for Consultant to enter upon public and private property as reasonably required for Consultant to perform its services under thisAgreement. ARTICLE 8 MISCELLANEOUS • 8.1 OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings, specifications, designs, design calculations, details, models, photographs, reports, surveys and other documents, plans and data that result from Consultant's services under this Agreement or that is provided in connection with this Agreement shall become and shall remain the property of City. Copies of all AutoCAD and other similar software files shall be provided to City. Consultant shall be entitled to keep a copy of such items for record purposes. However, no changes or revisions to the documents or data furnished by Consultant shall be made by City unless Consultant's name and professional seal are removed from such changed or revised materials. 8.2 TERM: This Agreement shall commence on the Effective Date and shall continue for a period of one year, ending on July 31, 2020. The Agreement shall automatically renew for successive terms of one year, under the same terms and conditions herein, unless terminated by either party. 8.3 TERMINATION: This Agreement may be terminated by Consutlant for cause, or by City for any reason with or without cause, upon thirty (30) days written notice from the terminating party to the other party. In the event of such termination, Consultant shall be paid its compensation for services performed to termination date, including all Reimbursables then due or incurred to termination date. In the event that Consultant abandons this Agreement or causes it to be terminated by City, Consultant shall be liable to City for any loss pertaining to this termination. All finished or unfinished sketches, tracings, drawings, specifications, design, design calculations, details models, photographs, reports, surveys and other documents, plans and data that result from Consultant's services under this Agreement shall become and shall remain the property of City and shall be delivered by Consultant to City. 8.4 PUBLIC RECORDS LAW: Consultant agrees to keep and maintain public 7 records in Consultant's possession or control in connection with Consultant's performance under this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant 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. Upon request from the City custodian of public records, Consultant 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. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 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 Consultant shall be delivered by the Consultant to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Consultant 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 Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Consultant shall be withheld until all records are received as provided herein. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Consultant shall keep such records and accounts and require any and all consultants and subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project and any expenses for which Consultant expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. 8 Section 119.0701(2)(a), Florida Statutes IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: City Clerk's Office Mailing address: 19200 West County Club Drive Aventura, FL 33180 Telephone number: 305-466-8901 Email: horvathe@cityofaventura.com 8.5 EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including- apprenticeship. Consultant agrees to furnish City with a copy of its Affirmative Action Policy, if requested. 8.6 NO CONTINGENT FEES: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 8.7 SUBCONTRACTORS: In the event Consultant, during the term of this Agreement, requires the services of any subcontractors, or other professional associates in connection with services covered by this Agreement, Consultant must secure the prior written approval of the Contract Consultant. As part of the approval process, City shall require subcontractor to comply with the terms of this Agreement, specifically but without limitations, the requirements of this Article 8. Consultant shall be responsible for obtaining releases from subcontractors at the time the subcontractors are paid. 8.8 ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. Said consent shall be at City's sole discretion and may be unreasonably withheld. 9 8.9 INDEMNIFICATION OF CITY: Consultant shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the Consultant and persons employed or utilized by the Consultant in the performance of the Agreement. Nothing in this Agreement shall be deemed or treated as a waiver by the City of any immunity to which it is entitled by law, including but not limited to the City's sovereign immunity as set forth in Section 768.28, Florida Statutes. 8.10 INSURANCE: Consultant shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance, Business Automobile Liability Insurance and Professional Liability Insurance, as set forth herein. United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in the State of Florida shall issue such policy or policies. Consultant shall specifically protect City by naming City and City's officers, agents and employees as additional insured under the Comprehensive General Liability Insurance Policy, and Business Automobile Liability Insurance Policy, hereinafter described. The Professional Liability Policy or certificate shall reference this Project. All policies shall provide for a Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to provide CITY with thirty (30) days advance notice of cancellation and/or restriction. 8.10.1 Professional Liability Insurance: The limits of liability provided by such policy shall be no less than Five Hundred Thousand Dollars ($500,000.00). 8.10.2 Worker's Compensation Insurance to apply to all employees in compliance with the Worker's Compensation Law of the State of Florida and all applicable federal laws. 8.10.3 Comprehensive General Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. 10 Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. City and City's officers, agents and employees are to be named as additional insureds with respect to liability arising out of operations performed for City by or on behalf of Consultant in connection with such operation. 8.10.4 Business Automobile Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. City and City's officers, agents and employees are to be named as additional insureds with respect to liability arising out of operations performed for City by or on behalf of Consultant in connection with such operation. 8.10.5 Consultant shall provide City a Certificate of Insurance or a copy of all insurance policies required by Section 8.9 including any subsection thereunder. City reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that City shall be given thirty (30) days' notice prior to expiration, cancellation or restriction of the policy. 8.11 REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that questions in the day-to-day conduct of a Project will arise. The Contract Administrator, upon request by Consultant, shall designate in writing and shall advise Consultant in writing of one or more City employees to whom all communications pertaining to the day-to-day conduct of Project shall be addressed. Consultant shall inform Contract Administrator in writing of the representative of Consultant to whom matters involving the conduct of Project shall be addressed. Consultant shall, at all times during this Agreement, have available for consultation or otherwise, an employee who shall be familiar with all work contemplated under this Agreement. 8.12 SCRUTINIZED COMPANIES Consultant certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Consultant or its subcontractors are found to have submitted a false certification; or if the 11 Consultant, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. The Consultant agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. 8.13 AUDIT RIGHTS. City reserves the right to audit the records of Consultant (which are pertinent to the services to be performed) at any time during the performance and term of the Contract and after completion of contract term. If required by City, Consultant shall agree to submit to an audit by an independent certified public accountant selected by City. Consultant shall allow City to inspect, examine and review the records of Consultant at any and all times during normal business hours during the term of the Contract. 8.14 DISCRIMINATORY PRACTICES: Consultant shall not deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orientation, religion or national origin. Consultant will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida, or the Federal Government. Consultant certifies and agrees that it is not currently engaged in, nor will it engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United States has free trade. 8.15 WAIVER OF JURY TRIAL: The parties knowingly and expressly waive any right to a trial by jury in any litigation between the parties in any way arises under this Agreement. 8.16 ENTIRE AGREEMENT. The Agreement, as they may be amended from time to time, represent the entire and integrated Agreement between the City and Consultant and supersede all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed in accordance with the requirements of this Agreement. Waiver by either party of a breach of any provision of the Agreement will not be deemed to be a waiver of any other breach of any provision of the Agreement. 12 8.17 CONFLICT OF PROVISIONS. In the event of any conflict between any provisions in any attached Exhibit and this Agreement, the parties agree that the provisions of this Agreement are controlling. 8.18 ALL PRIOR AGREEMENTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.19 NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to wit: FOR CITY: Ronald J. Wasson City Manager City of Aventura 19200W.Country Club Drive Aventura, Florida 33180 305-466-8910 FOR CONSULTANT: Rosana D. Cordova President Cordova Rodriguez &Assoc., Inc. 6941 SW 196th Ave, Suite 28, Pembroke Pines, FL 33332 954-880-0180 8.20 TRUTH-IN-NEGOTIATION CERTIFICATE Signature on this Agreement by Consultant shall act as the execution of a truth- in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions 13 thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this Agreement. 8.21 NON-EXCLUSIVE AGREEMENT. The services to be provided by Consultant pursuant to this Agreement shall be non-exclusive and nothing herein shall preclude City from engaging other firms to perform the same or similar services for the benefit of City within City's sole and absolute discretion. 8.22 WARRANTIES OF CONSULTANT: Consultant hereby warrants and represents as follows: At all times during the term of this Agreement, Consultant shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary for the performance under this Agreement. At all times during this Agreement, Consultant shall perform its obligations in a prompt, professional and businesslike manner. 8.23 GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any action shall be in Miami-Dade County, Florida. 14 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF AVENTURA, FLORIDA By: Ronald J. Wasson, City Manager Date: ATTEST: By: Ellisa L. Horvath, MMC City Clerk APPROVED AS TO FORM: By: David Wolpin, Esq. City Attorney CONSULTANT By: Rosana D. Cordova, President Date: (corporate seal) 15 CORDOVA Cd1): RODRIG EZ U &ASSOCIATES,INC. July 23,2019 Ms.Joanne Carr,AICP Community Development Director City of Aventura 19200 W.Country Club Drive Aventura, FL 33180 Re: City of Aventura Planning Services Dear Ms.Carr: Attached for your use are our hourly rates for this contract: Planning Consultant: $125.00/hr These hourly rates will be in effect beginning July 31,2019. Please let me know if you require any additional information. Sincerely, (64� A90/1/ Rosana D. Cordova, P.E.,AICP Exhibit A Broward Office Miami-Dade Office 6941 SW 19601 Avenue,Suite 28 1031 Ives Dairy Road Suite,228 Pembroke Pines,FL 33332 Miami,FL 33179 Office 954.880.0180 Fax-954.880.0181 Office 786.287.2530 Fax 866.682.8126 VVINWCRAengineering.com CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manag r BY: Joseph S Kroll, Public Works/Transportation Director DATE: August 15, 2019 SUBJECT: Bid No. 19-07-12-2 -City of Aventura Custodial Services Government Center September 10, 2019 City Commission Meeting Agenda Item 5-M Recommendation: It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 19-07-12-2 City of Aventura Custodial Services Government Center to the lowest responsible and responsive bidder; AK Building Services with a bid of $72,072.00 annually. Background: The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Friday, July 12, 2019 at 2 PM. Eight (8) qualified bids were received as follows: AK Building Services $72,072.00 Annually Kelly Janitorial Systems, Inc. $80,812.12 Annually USSI $100,803.00 Annually National Cleaning Contractors $106,028.64 Annually Delta Property $120,744.00 Annually United Services, Inc. $129,519.84 Annually American Facility Services $156,264.00 Annually Seminole Commercial cleaning aka Janking $178,240.20 Annually The bid is based on pricing for custodial services services, supplies and labor for the Government Center for cleaning services. This is a two year term contract with the City having sole rights to extend the contract for one (1) additional two (2) year term. A reference check of the low responsive bid resulted in a positive recommendation. City Commission August 15, 2019 Page 2 The company will be required to post the appropriate insurance and bonds and all work will be subject to regular review and inspections by the Public Works/Transportation Director. Funding: This expense will be funded through Public Works/Transportation account No. 001-5401-541-46.31 Janitorial Services. Budgeted amount for this contract is $75,000. Contract effective October 1, 2019. JSK/gf Attachments: Exhibit "A" Bid Tabulation RSK19015 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 19-07-12-2, CITY OF AVENTURA CUSTODIAL SERVICES FOR GOVERNMENT CENTER, TO AK BUILDING SERVICES FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 19-07-12-2 CITY OF AVENTURA CUSTODIAL SERVICES FOR GOVERNMENT CENTER; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that AK Building Services has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 19-07-12-2, CITY OF AVENTURA CUSTODIAL SERVICES FOR GOVERNMENT CENTER is hereby awarded to AK Building Services, at the bid price as contained in the attached bid tabulation document. Section 2. That the City Manager is hereby authorized to execute, on behalf of City of Aventura Resolution No. 2019-_ the City, a contract by and between the party embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-5401-541-46.31. 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 Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 10th day of September, 2019. Page 2 of 3 City of Aventura Resolution No. 2019-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA BID TABULATION CUSTODIAL SERVICES GOVERNMENT CENTER BID#19-07-12-2 Bid opening after 2:00 pm on Friday,July 12,2019 SEMINOLE FACILITIES DELTA PROEPRTY AK BUILDING AMERICAN FACILITY NATIONAL UNITED SERVICES, COMMERCIAL KELLY JANITORIAL USSI SERVICES SERVICES CLEANING INC. CLEANING aka SYSTEMS,INC CONTRACTORS JANIKING Monthly ANNUAL Monthly ANNUAL Monthly _ ANNUAL Monthly ANNUAL Monthly ANNUAL Monthly ANNUAL Monthly ANNUAL Monthly ANNUAL I. Government Center $6,900.00 $83,592.00 $5,158.00 $51,896.00 $10,950.00 $131,400.00 ,$7,735.37 $92,824.44 $9,977.00 $119,724.00 $8,800.00 $105,840.00 $6,184.40 $74,212.80 $7,461.71 $89,540.52 2. Government Center Garage $3,096.00 $37,152.00 $ 848.00 $10,176.00 $2,072.00 $28,864.00 $1,100.35 $13,204.20 S 816.32 $9,795.84 $6,033.35 572,400.20 S 550.00 56,600.00 $938.54 511,262.48 SUB-TOTAL $120,744.00 72,072.00 $156,264.00 $106,028.64 $129,519.84 $178,240.20 $80,812.80 $100,803.00 Monthly Bid Price x 24 = Total Bid Price for 2 Year Period(A x BI Total Bid Price for 2 Year Period(A x BI $239,904.00 S144,144.00 $312,528.00 $212,057.28 $259,039.68 $356,480.40 S161,625.60 $201,606.00 OPTIONAL SERVICES 1. Shampooing per $0.12 S0.20 $0.18 $0.16 SO 25 $0.20 S.20 SO 12 Sq.Ft Strip/Wax/Buff 2. Tile $0.35 S0.30 $0.24 SO.28 So 25 SO 19 S.38 SO 35 Flooring per Sq.Ft Porter or Janitor, 3 Regular Rate per S20 00 S I6 00 SI 8 50 514.01 SI 8 25 $20.21 $30.00 $19.95 hour NI' ts/Holidays Rate 522 00 SI&GO $27.75 S 14.01 $24.75 $20.21 $35.00 $24.95 Exterior Window 4. Cleaning Per Cleaning Per Cleaning Per Cleaning Per('leaning Per Cleaning Per Cleaning Per Cleaning Per Cleaning a. Government Center S3,500.00 $5,650.00 '$675.00 1 $5,200.00 $7,500.00 $8,625.00 $28,250.00 $7,500.00 Pressure wash 1" 5. &2nd Floor of $22.00 $1,950.00 '$0.22 $3,762.32 $5,500.00 $2,821.72 $5,130.00 S3,700 00 Parking Garage . Addendum Acknowledged Yes Yes Yes Yes Yes Yes Yes Yes >. zz r 0 g c 0 5 .0 O z r 0 o m c .F. t z r V E .D 0 4 cll o s l wQ 1\� >- zz >- E b o :) 111 -o Ca a> o -o oz c I 'a 2 ce .S a o a c >'+ vi T) z } . vo es b E ,o o 0) o a a c 11 ril W., � s to B *--4w .- y .c Cd r U Io . z a. O 4 m i a Y 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 16, 2019 SUBJECT: Resolution Authorizing Execution of Interlocal Agreement with Miami-Dade County for the Enforcement of Section 21-81 of the Miami-Dade County Code September 10, 2019 City Commission Meeting Agenda Item Attached is a Resolution authorizing the execution of an Interlocal Agreement with Miami-Dade County for the enforcement of Section 21-81 of the Miami-Dade County Code. The Interlocal Agreement authorizes the City's Police Department to enforce Section 21-81 of the Miami-Dade County Code, including the ability to issue civil violation notices. The Agreement also provides for costs related to conduct hearings on appeals and costs associated with administering the program. RJW/act Attachment CC01815-19 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 AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE ENFORCEMENT OF SECTION 8CC OF THE MIAMI-DADE COUNTY CODE AS IT RELATES TO SECTION 21-81 OF THE MIAMI-DADE COUNTY CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City to execute and otherwise enter into the attached agreement (Exhibit "A") by and between the City of Aventura and Miami-Dade County for the enforcement of Section 8CC of the Miami-Dade County Code as it relates to Section 21-81 of the Miami-Dade County Code. Section 2. Said Interlocal Agreement authorizes the City of Aventura Police Department to enforce Section 21-81 of the Miami-Dade County Code, including the ability to issue civil violation notices, and provides for costs related to conduct hearings on appeals, as well as costs associated with administering the program. Section 3. The City Manager is hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 10th day of September, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA AND CITY OF AVENTURA FOR THE ENFORCEMENT OF SECTION 8CC OF THE MIAMI-DADE COUNTY CODE AS IT RELATES TO SECTION 21-81 OF THE MIAMI-DADE COUNTY CODE This Interlocal Agreement ("Agreement") is made and entered this day of , 2019, by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter "COUNTY") and the City of Aventura, a Florida municipal corporation (hereafter "MUNICIPALITY"). WITNESSETH WHEREAS, Section 21-81 of the Code of Miami-Dade County ("Code") applies to all municipalities in the County and is enforced, in part, through civil penalties under Section 8CC of the Code; and WHEREAS, municipalities in the County may enforce the provisions of Section 21-81 of the Code, pursuant to Section 8CC-11 upon the adoption by the County and municipalities of an interlocal agreement which contains (1) the sections of the Code which the municipality is entitled to enforce, (2) the job title of the agents of the municipality authorized to perform the enforcement functions, (3) the amount reimbursable to the County for administrative costs, (4) the amount of revenue reimbursable to the municipality from any fine collected, (5) an agreement to indemnify and hold the County harmless from and against any liability, actions or causes of actions related to the municipality's enforcement, and (6) contain a term not to exceed three(3)years; and 1 WHEREAS, the parties agree that it is in their mutual best interests and the best interests of the citizens of the COUNTY and the MUNICIPALITY to have the MUNICIPALITY enforce the provisions of Section 21-81 of the Code through Section 8CC, NOW, THEREFORE, IN CONSIDERATION of the mutual benefits derived here from and in compliance with Section 8CC-11 of the Code, the parties covenant and agree as follows: I. CODE SECTIONS SUBJECT TO ENFORCEMENT The MUNICIPALITY is authorized to enforce Section 21-81 of the Code in accordance with the provisions of Section 8CC of the Code, including but not limited to the ability to issue civil violation notices under Section 8CC-10 of the Code for violations of Section 21-81(d)1 through and including 21-81(d)7 of the Code, within its municipal boundaries. Notwithstanding this authorization, nothing in this Agreement shall be construed to limit, supersede, or remove the independent authority of the COUNTY to enforce such provisions. II. AUTHORIZED AGENTS All law enforcement officers as defined by Florida State Statute 943.10(1) that are employed by the MUNICIPALITY are authorized by this Agreement to perform the enforcement functions outlined in, and in accordance with, this Agreement. III. AMOUNT REIMBURSABLE TO MIAMI-DADE COUNTY FOR COSTS RELATED TO THE CONDUCT OF HEARINGS ON APPEALS The MUNICIPALITY shall reimburse the COUNTY for the administrative costs relating to the conduct of hearings on appeals from violations as outlined in Section I above and shall also be responsible for reimbursing the County for any attorney's fees and costs, including the costs of transcripts and clerical costs, incurred in such proceedings. Such funds shall be payable to Miami-Dade County within thirty (30) days of receipt of an invoice for such services. 2 IV. AMOUNT OF REVENUE REIMBURSABLE TO THE MUNICIPALITY FROM THE FINE COLLECTED The CLERK OF COURTS will reimburse on a quarterly basis to the MUNICIPALITY the fines collected from the issuance of civil violation notices for violations of Section 21-81 of the Code as set forth in Section 8CC. Prior to the reimbursement, the CLERK OF COURTS will deduct 17% - 20% from the fines collected for their administrative costs of processing the civil violation notices. Should the violator opt to enter the Miami-Dade County Diversion Program as set forth in Implementing Order 2-12, the COUNTY shall keep the entire processing fee paid by the violator. V. TERM OF AGREEMENT This Agreement shall be in full force and effect from the date of the final execution by either party and shall continue for three (3) years. At the expiration of the three (3) year period the COUNTY and the MUNICIPALITY may enter a new interlocal agreement as required by section 8CC-11 of the Miami-Dade County Code in order for the MUNICIPALITY to continue its enforcement efforts. VI. MUNICIPALITY INDEMNIFICATION Subject to the limitations set forth in Section 768.28, F.S., and all applicable laws, the MUNICIPALITY shall indemnify and hold harmless the COUNTY from and for any losses, claims, causes of action or damages of any nature whatsoever, arising from the act, omission or performance or failure of performance of the MUNICIPALITY or the MUNICIPALITY's agents, contractors, servants and employees hereunder relative to the enforcement of the provisions of Section 21-81 of the Code pursuant to Section 8CC of the Code. The MUNICIPALITY shall defend the COUNTY in any action including any action in the name of the COUNTY. 3 VII. DEFAULT A. Without limitation, the failure by the MUNICIPALITY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "Municipal Default". If a Municipal Default should occur, the COUNTY shall have all the following rights and remedies which may be exercised singly or in combination: 1. The right to declare that this Agreement together with all rights granted to the MUNICIPALITY thereunder are terminated, effective upon such date as is designated by the COUNTY. Provided, however, that the COUNTY shall give MUNICIPALITY a period of thirty (30) days after receipt of the written notice from the COUNTY of said default to cure any Municipal Default unless the COUNTY determines, in its sole and absolute discretion,that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the MUNICIPALITY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the COUNTY's reasonable satisfaction, then it shall be deemed that no Municipal Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. B. Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "County Default." If a County Default should occur, the MUNICIPALITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to the COUNTY thereunder are terminated, effective upon such date as is designated by the 4 MUNICIPALITY. Provided, however, that the MUNICIPALITY shall give the COUNTY a period of thirty (30) days after receipt of written notice from the MUNICIPALITY of said default to cure any County Default unless the MUNICIPALITY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the COUNTY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the MUNICIPALITY's reasonable satisfaction, then it shall be deemed that no County Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. VIII. CANCELLATION Notwithstanding the above, this agreement may be terminated by either the COUNTY or the MUNICIPALITY upon thirty (30) days written notice. IX. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the MUNICIPALITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. X. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The 5 parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto and their authorized representatives. XI. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. XII. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. XIII. REPRESENTATION OF THE MUNICIPALITY The MUNICIPALITY represents that: (i) this Agreement has been duly authorized, executed and delivered by the governing body of the MUNICIPALITY or its designee; and (ii) it has the required power and authority to perform this Agreement. XIV. REPRESENTATION OF COUNTY The COUNTY represents that: (i)this Agreement has been duly authorized, executed and delivered by the governing body of the COUNTY or its designee; and (ii) the County has the required power and authority to perform this Agreement. 6 XV. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. XVI. INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. XVII. NOTICE Notices to MUNICIPALITY provided for herein shall be sufficient if sent by Federal Express or certified mail, return receipt requested,postage prepaid, addressed to: Mr. Ronald J. Wasson, City Manager City of Aventura 19200 W. Country Club Drive Aventura, Florida 33180 with copy to: Mr. David M. Wolpin, City Attorney Weiss Serota Helfam Cole & Bierman, P.L. 200 E Broward Boulevard, Suite 900 Fort Lauderdale, Florida 33301 7 and notices to COUNTY, if sent by Federal Express or certified mail, return receipt requested, postage prepaid addressed to: County Mayor Miami-Dade County Stephen P. Clark Center 111 N.W. 1st Street, 29th Floor Miami, FL 33128 with copy to: County Attorney Miami-Dade County Stephen P. Clark Center 111 N.W. 1st Street, 28th Floor Miami, FL 33128 Or such other respective address as the parties may designate to each other in writing from time to time. 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. MIAMI-DADE COUNTY 7-17 26Dri MAURICE L. KEMP \ Carlos A. Gimenez, Mayor Date DEPUTY MAYOR MIAMI-DADE CTY. FL G ATTEST: I5 Harvey Ruvin, County Clerk ate ;` h�f,�``•, Miami-Dade County, Florida /- c, COUM ` ry APPROVED AS TO FORM AND LEGAL Q Dpl4, SUFFICIENCY: * �w ••` 41. (i0/ Anita Vi 'ana Date Assistant County Attorney Miami-Dade County, Florida 9 CITY OF AVENTURA RonaldIJ. Wasson Date City Manager ATTEST: Ellisa L. Horvath, MMC Date City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David M. Wolpin, Esq. Date City Attorney 10 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 20, 2019 SUBJECT: Motion Approving a Conflict Resolution Designee for the Don Soffer Aventura High School September 10, 2019 City Commission Meeting Agenda Item '5 -1 RECOMMENDATION In your capacity as Governing Board of Don Soffer Aventura High School, the undersigned recommends approval of Kimberly Merchant to serve as Conflict Resolution Designee at Don Soffer Aventura High School. Ms. Merchant, who is Aventura Community Services Director, is very well suited for this position as a person who interacts with residents, children and parents on a regular basis and mediates issues on behalf of the City on a regular basis. Ms. Merchant, who meets all the criteria for this position, was very willing to accept this assignment to assist Don Soffer Aventura High School should the need arise. The criteria are listed as follows: • The representative must reside in the school district. • The representative may be a governing board member, employee, or individual contracted to represent the governing board. • Contact information for the representative must be provided in writing to parents each year, and must be posted prominently on the charter school's web site. • The representative appointed by the governing board must be physically present at the charter board meetings. • A separate individual must represent each school. • The Conflict Resolution designee's relationship with the school must be identified If there are questions regarding the Miami-Dade County Public Schools Agreement for Charter School Teachers for the designation of a Conflict Resolution Designee, please call me at your convenience. RJW/act CC01819-19 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 28, 2019 SUBJECT: Recommendation to Accept Don Soffer Aventura High School Out- Of-Field Waivers September 10, 2019 City Commission Meeting Agenda Item 5'1-1 RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Governing Board of the Don Soffer Aventura High School, accept the out-of-field waivers list as outlined in this memorandum and recommended by Principal McKnight. BACKGROUND The Miami-Dade County School Board requires the Governing Board of each charter school annually to accept a list of teachers considered out-of-field. Teachers working on additional certification or endorsements for subjects that they are teaching are considered out-of-field until requirements are met. All teachers hold current certification. The additional certification or endorsements are extra credentials. This is a typical practice as teachers expand their professional development. Below are listings of instructional staff members who are working toward additional certification in the following subject areas: Out of Field Assignments Christopher Munoz — Physical Education Ines Verbel-Hernandez — Foreign Language Memo to City Commission Page 2 English Speakers of Other Languages (ESOL) Endorsement — This is an add-on to a current certificate to be able to teach English language learners. The following teachers are involved in a five course sequence, allowing six years for completion: Mary Sullivan, David Buncher, Jazmin Figueroa, Maria Marino, Krizia Acosta, Joshua Acosta, Fabiana Santimone, Ellen Elias, Christopher Munoz, Ines Verbel-Hernandez, Mandi Eizenbaum. RJW/act CC01818-19 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 30, 2019 SUBJECT: Recommendation to Accept Aventura City of Excellence School Out-Of-Field Waivers September 10, 2019 City Commission Meeting Agenda Item 'J S RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Governing Board of the Aventura City of Excellence School, accept the out-of-field waivers list as outlined in this memorandum and recommended by Principal Tyrkala. BACKGROUND The Miami-Dade County School Board requires the Governing Board of each charter school annually to accept a list of teachers considered out-of-field. Teachers working on additional certification or endorsements for subjects that they are teaching are considered out-of-field until requirements are met. All teachers hold current certification. The additional certification or endorsements are extra credentials. This is a typical practice as teachers expand their professional development. Below are listings of instructional staff members who are working towards additional certification in the following subject areas: English Speakers of Other Languages (ESOL) Endorsement - This is an add-on to a current certificate to be able to teach English language learners. The following teachers are involved in a five course sequence, allowing six years for completion: Michelle Marquez, Abigale Seely, Jazmin Helfner Elementary Education Michelle Marquez, Lindsey Croston Prekindergarten/Primary Education Diana Sreter Gifted Endorsement Diana Sreter CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (ACES Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Finance Director DATE: August 30, 2019 SUBJECT: Special Purpose Financial Report for ACES FY June 30, 2019 September 10, 2019 City Commission Meeting Agenda Item 53r Recommendation It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Special Purpose Financial Report for the Aventura City of Excellence School for the fiscal year ended June 30, 2019 and to accept for filing that letter dated August 30, 2019 attached hereto as Attachment 1." Background The Special Purpose Financial Report (the "Report") for the Aventura City of Excellence School ("ACES") was electronically distributed to the Mayor and Commissioners on August 30, 2019 along with our memorandum. In addition, a letter dated August 30, 2019 ("Attachment 1") from our auditors — Caballero Fierman Llerena & Garcia, LLP was attached to the Commission agenda for your review. In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the September 10th Commission Meeting. In addition, the auditors have requested that their letter ("Attachment 1") be accepted for filing with the City Commission. A representative from Caballero Fierman Llerena & Garcia, LLP will be present at the meeting. However, since the Report is the responsibility of the City, I respectfully request that any questions be discussed with the City Manager prior to the meeting. CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (ACES Board of Directors) FROM: Ronald J. Wasson, City Managerg___ BY: Brian K. Raducci, Finance Director DATE: August 30, 2019 SUBJECT: Aventura City of Excellence School (the "School") Special Purpose Financial Report Background As required by State law and our Charter School Contract with the Miami-Dade County Public School District, we have prepared the Aventura City of Excellence School's (the "School's") financial statements (the "Report") for the fiscal year ended June 30, 2019 (attached). This Report encompasses the School's 16th year of operations and was audited by Caballero Fierman Llerena & Garcia, LLP. The Report complies with Generally Accepted Accounting Principles ("GAAP"), which includes Governmental Accounting Standard Board ("GASB") Statement No 34. The cover reflects that the Report contains the "Special Purpose Financial Report" for the "Aventura City of Excellence School, a Special Revenue Fund of the City of Aventura, Florida." As a result, the School's financial operations will be reflected in the City's Comprehensive Annual Financial Report for the fiscal year ended September 30, 2019, as well as in this Report. The key schedules in this Report include the: 1. Statement of Revenues, Expenditures and Change in Fund Balance — Governmental Fund (page 12), and the; 2. Schedule of Revenues and Expenditures and Change in Fund Balance Budget and Actual — Special Revenue Fund, (page 25). Please note that on page 25, revenue and expenditures (Actual Amounts GAAP Basis Column), aggregated $9,712,519 and $10,345,952 respectively. The difference between revenue and expenditures of $633,433 results in a net decrease in fund balance from $2,283,063 to $1,649,630 at June 30, 2019. It is important to note that the actual planned use of fund balance, primarily due to roof repairs at the Middle School, new shelving and related repairs to the Media Room, restroom renovations at Page (2) Aventura City of Excellence School Special Purpose Financial Statements the Elementary School and the Play Area Turf Replacement Project was less than the budgeted amount of$857,630 by $224,197. Actual expenditures (on a budgetary basis) totaled $10,345,952 or 98.40% of the total budget amount of$10,514,326. The balance of the Report contains the School's statements and a narrative on a GASB 34 basis. The purpose of the GASB 34 governmental financial statements is to more closely resemble the financial statements of non-governmental entities. Therefore, page 8 contains a Statement of Net Position which is reconciled to the Balance Sheet at the bottom of page 11. Similarly, the Statement of Activities (page 9) reflects a change in net position which is reconciled to the Statement of Revenues, Expenditures and Change in Fund Balance of the Governmental Fund at the bottom of page 13. Whether you look at the School's operations from either a GASB 34 non-governmental basis (pages 8 — 9) or a traditional governmental basis (pages 10, 12 and 25), the School continues to operate well both from an educational and financial perspective. The auditor letter dated August 30, 2019 is also required to be distributed to the City Commission by generally accepted auditing standards and was therefore attached to the September 10, 2019 City Commission Meeting Agenda. The reports contained on pages 27 — 30 of the Special Purpose Financial Report are required by generally accepted auditing standards and the Rules of the Auditor General of the State of Florida. Please note that none of these documents contain any negative comments about the School's or City's operations. Future Actions In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the September 10th Commission Meeting. Upon your review of this memorandum, please contact the City Manager with any questions you may have. Attachment 1 F CABALLELLERENAROGARCIA FIERMLLP AN j GL accountants I advisors August 30, 2019 Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School(a Special Revenue Fund of the City of Aventura, Florida) Aventura, Florida We have audited the financial statements of the governmental activities, and the major fund of Aventura City of Excellence School(a Special Revenue Fund of the City of Aventura)(the"School")as of and for the fiscal year ended June 30, 2019. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit.We have communicated such information in our letter to you dated May 1, 2019. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the School are described in Note 2 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the fiscal year 2019.We noted no transactions entered into by the School during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events.Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. There were no sensitive estimates affecting the financial statements. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users.The most sensitive disclosures affecting the financial statements were: The disclosure of fair value measurements in Note 4 to the financial statements. The disclosure of Commitments and Contingencies in Note 7 to the financial statements. The disclosure of Related Party Transactions in Note 8 to the financial statements. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. There were no corrected or uncorrected misstatements of the financial statements. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction,that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. 1 4649 Ponce de Leon Blvd I Suite 404 I Coral Gables,FL 33146 T:305.662.7272 F:305.662.4266 I CFLGCPA.COM Management Representations We have requested certain representations from management that are included in the management representation letter dated August 30,2019. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the School's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts.To our knowledge,there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the School's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to the management's discussion and analysis and budgetary comparison information,which are required supplementary information(RSI)that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements,and other knowledge we obtained during our audit of the basic financial statements.We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. Restriction on Use This information is intended solely for the information and use of Legislative Auditing Committee, members of Florida Senate and the Florida House of Representatives, Federal and other granting agencies, the Mayor, Commission Members, School's management,the Auditor General of the State of Florida and School Board of Miami-Dade County and is not intended to be,and should not be, used by anyone other than these specified parties. Very truly yours, Oada//e,'o fie/we Lie,'era & �jaicia al' 2 4649 Ponce de Leon Blvd I Suite 404 I Coral Gables,FL 33146 T:305.662.7272 F:305.662.4266 I CFLGCPA.COM AVENTURA CITY OF EXCELLENCE SCHOOL A Special Revenue Fund of the City ofAventura, Florida AM �"— �, �► ! I� iu 1 A'` 3 �t t 11 I r Special Purpose Financial Report For the Fiscal Year Ended June 30, 2019 I fXL'ELL EN[ELSLH4' e AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION FOR THE YEAR ENDED JUNE 30, 2019 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION TABLE OF CONTENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2019 PAGES Independent Auditors' Report 1-2 Management's Discussion and Analysis(Unaudited) 3-7 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position 8 Statement of Activities 9 Governmental Fund Financial Statements: Balance Sheet-Governmental Fund 10 Reconciliation of the Balance Sheet of Governmental Fund to the Statement of Net Position 11 Statement of Revenues, Expenditures and Change in Fund Balance—Governmental Fund 12 Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balance of the Governmental Fund to the Statement of Activities 13 Notes to Basic Financial Statements 14-24 Required Supplementary Information(Unaudited): Schedule of Revenues and Expenditures and Change in Fund Balance Budget and Actual 25 Notes to Required Supplementary Information 26 Compliance Section: Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards 27-28 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 29-30 INDEPENDENT AUDITORS' REPORT MoCABALLERO HERMAN LLERENA GARCIA LLP ©m accountants I advisors INDEPENDENT AUDITORS' REPORT Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School (a Special Revenue Fund of the City of Aventura, Florida) Aventura, Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida), as of and for the fiscal year ended June 30, 2019, and the related notes to the financial statements, which collectively comprise the School's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the School's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the major fund of the Aventura City of Excellence School, as of June 30, 2019, and the respective changes in financial position for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America. 1 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 T: 305.662.7272 F: 305.662.4266 1 CFLGCPA.COM Emphasis of a Matter As explained in Note 1 to the financial statements, the financial statements being presented are only for the School referred to above, which is a special revenue fund of the City of Aventura, Florida. The financial statements do not include the financial statements of the City of Aventura, Florida. Accordingly, the accompanying financial statements are not intended to present the financial position of the City of Aventura as of June 30, 2019 or its changes in financial position and cash flows for the fiscal year then ended in conformity with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 3 through 7 and 25 and 26 be presented to supplement the basic financial statements. Such information, although not part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated August 30, 2019, on our consideration of the School's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the School's internal control over financial reporting and compliance. caxalle-o Gle-ewa &- �alvla, LLQ' Caballero Fierman Llerena &Garcia, LLP Coral Gables, Florida August 30, 2019 2 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 -P 305.662.7272 F: 305.662.4266 1 CFLGCPA.COM MANAGEMENT'S DISCUSSION AND ANALYSIS (Unaudited) AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2019 Our discussion and analysis of the Aventura City of Excellence School's (the"School")financial performance provides an overview of the School's financial activities for the fiscal year ended June 30, 2019. Please read it in conjunction with the School's basic financial statements which immediately follow this discussion. Overview of the Basic Financial Statements This discussion and analysis is intended to serve as an introduction to the School's basic financial statements. The basic financial statements are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3) the notes to financial statements. This report also includes required supplementary information intended to furnish additional detail to support the basic financial statements themselves. Government-wide financial statements The government-wide financial statements, which consist of the statement of net position and the statement of activities, are designed to provide readers with a broad overview of the School's finances, in a manner similar to a private-sector business. The statement of net position presents financial information on all of the School's assets, liabilities, and deferred inflows/outflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the School's financial position is improving or deteriorating. However, as a governmental entity, the School's activities are not geared toward generating profit as are the activities of commercial entities. Other factors such as School safety and the quality of education, must be considered in order to reasonably assess the School's overall performance. The statement of activities presents financial information and shows how the School's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. Fund financial statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The School has only one(1)category of funds—governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in assessing the School's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the School's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and change in fund balance provide a reconciliation to facilitate this comparison between the governmental fund and governmental activities. Notes to the basic financial statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. Required supplementary information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the School's adopted budget to actual results. 3 AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2019 Government-Wide Financial Analysis As noted earlier, net position over time, may serve as a useful indicator of financial position. The following table presents a comparative analysis of the condensed government-wide statements of net position: Aventura City of Excellence School Summary of Net Position 2019 2018 Variance %Variance Assets: Current assets $ 2,623,282 $ 3,201,009 $ (577,727) -18.0% Capital assets, net of depreciation 1,770,807 1,644,879 125,928 7.7% Total assets 4,394,089 4,845,888 (451,799) -9.3% Liabilities: Current liabilities 997,904 939,849 58,055 6.2% Noncurrent liabilities 72,757 65,709 7,048 10.7% Total liabilities 1,070,661 1,005,558 65,103 6.5% Net position: Investment in capital assets 1,770,807 1,644,879 125,928 7.7% Unrestricted 1,552,621 2,195,451 (642,830) -29.3% Total net position $ 3,323,428 $ 3,840,330 $ (516,902) -13.5% The decrease in current assets from the prior year is the result of planned roof repairs, bathroom renovations and the turf replacement project. The increase in capital assets is the result of the repairs and renovations mentioned above and the purchase of furniture and equipment for the school library. The increase in current liabilities is primarily the result of payables related to the turf replacement project. The decrease in net position is the result of planned increases in teacher salaries and expenditures related to various repairs at the school facility. Resources that are subject to external restrictions on how they may be used are classified as restricted assets. As of June 30, 2019 and 2018, the School had no restricted assets. The remaining unrestricted balance may be used in any of the School's ongoing operations. 4 AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2019 Government-Wide Financial Analysis (Continued) The following table presents comparative information of the condensed government-wide statements of changes in net position: Aventura City of Excellence School Summary of Changes in Net Position 2019 2018 Variance %Variance Revenues: General revenues $ 7,829,497 $ 7,692,934 $ 136,563 1.8% Program revenues: Charges for services 901,775 882,021 19,754 2.2% Operating grants and contributions 369,965 334,496 35,469 10.6% Capital grants and contributions 611,282 592,854 18,428 3.1% Total revenues 9,712,519 9,502,305 210,214 2.2% Expenses: Instruction 6,005,816 5,738,571 267,245 4.7% Instructional media services 79,223 72,992 6,231 8.5% Operation of facility 2,455,183 2,218,312 236,871 10.7% School administration 1,350,145 1,266,172 83,973 6.6% Pupil transportation services 205,200 186,840 18,360 9.8% Community services 133,854 141,989 (8,135) -5.7% Total expenses 10,229,421 9,624,876 604,545 6.3% Change in net position $ (516,902) $ (122,571) $ (394,331) 321.7% • General revenues increased by approximately 1.8% primarily due to a higher than anticipated increase in funding for education approved by the State Legislature. • Program revenues (capital grants and contributions) increased by approximately 3.1% primarily due to the awarding of state and local grants to the School. • Total expenses, increased by approximately 6.3% primarily related to the following: o salary increases in the teacher's pay plan that is in accordance with Florida Statute 1012.22. o an increase to the repairs and maintenance-related costs as a result of planned repairs to the School facility and playground. 5 AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2019 Financial Analysis of the School's Funds As noted earlier, the School uses fund accounting to maintain control over resources that have been segregated for specific activities or objectives. The focus of the School's governmental funds is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the School's financing requirements. In particular, unassigned fund balance may serve as a useful measure of the School's net resources available for spending at the end of the fiscal year. As of the end of fiscal year 2018/19 the School's governmental fund reported an ending fund balance of$1,649,630. The fund balance that is unassigned and available for spending at the School's discretion is$1,361,414. These funds will be available for the School's future ongoing operations. The fund balance decreased by $633,433 from the prior year. Budgetary Highlights The 2019/20 school year represents the 17th year of operations for ACES. During the past year a great deal of time and effort was expended on professional development and curriculum alignment based on Florida's State Standards, increasing parental involvement, integration of science, technology, engineering, arts and math ("STEAM"), intramural and competitive sport programs and identifying and working with at-risk students. In the coming year we will maintain and expand all our present academic programs with a continued emphasis on professional development and implementation related to the Florida State Standards. Capital Assets and Debt Administration As of June 30, 2019, the School had an investment in capital assets of $1,770,807. This amount is net of accumulated depreciation of$1,497,926. This amount represents a net increase of$125,928 or 7.7%. The School has no outstanding debt. Economic Factors Facts, decisions or conditions that are expected to have a significant effect on the financial position or results of operations of the School in fiscal year 2019/20 include the following: • Over the past years, the School has continually demonstrated that it can operate as a high performing school that provides quality educational services for its students, within the school-based revenues. We have also been fortunate to have had a very involved parent base that participates in fund-raising activities for school improvements. 6 AVENTURA CITY OF EXCELLENCE SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2019 Economic Factors(Continued) The following items represent important highlights: • Teacher salary increases reflect the previously adopted performance pay plan in accordance with Florida Statute 1012.22, rewarding teachers who are rated effective and highly effective. • One (1) additional instructional staff position (i.e., Intervention Specialist) is proposed to service the Exceptional Education Students ("ESE") and the Response to Intervention Students ("RTI"). We have not added a position to the literacy in over five (5) years while the number of ESE and RTI students has grown from 24 to 79 and from 52 to 144, respectively over the same time. Based on current staff levels,the amount of intervention that can be consistently provided is limited in reading and formalized in math for only the first and second grade. This would be a 10-month full-time position to be funded out of the 4-8 instructional category. • Cultivating Critical Thinking—A one-to-one computing environment is provided to all fifth through eighth grade students. Students have the opportunity to collaborate through authentic integration of online creation tools. Through these means students acquire 211 century skills that are essential for success in the growing global society. Students' access to a continually enhanced wireless infrastructure ensures reliable and efficient availability to instructional resources. Although the operating budget increased by $148,800 or 1.59%, the overall budgeted expenditures decreased by $360,580 or 3.50%, primarily due to net impact of the following; a reduction of nearly$510,000 in capital outlay due to the completion of one-time major capital costs in the prior year (i.e., Middle School roof repairs); and increases in personnel services to fund salary increases consistent with the previously adopted performance pay plan and one (1) new instructional staff position. The budget provides funding for lease payments to the City to satisfy long-term financing costs related to the construction of the elementary school wing. Based on anticipated actions at the State level, the FTE revenues are budgeted to increase by 2%over the current year-end projection. Requests for Information This financial report is designed to provide a general overview of the Aventura City of Excellence School's finances for all those with an interest. If you should have any questions pertaining to the information presented in this report or would like additional information, please contact the City of Aventura's Finance Director at the City of Aventura, 19200 West Country Club Drive,Aventura, Florida 33180. 7 BASIC FINANCIAL STATEMENTS AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) STATEMENT OF NET POSITION JUNE 30, 2019 ASSETS Current assets: Cash and cash equivalents $ 149,881 Investments 2,389,833 Due from other governments 74,102 Prepaid expenses 9,466 Total current assets 2,623,282 Noncurrent assets: Capital assets, net of accumulated depreciation 1,770,807 Total noncurrent assets 1,770,807 Total assets 4,394,089 LIABILITIES Current liabilities: Accounts payable 357,418 Accrued expenses 616,234 Compensated absences 24,252 Total current liabilities 997,904 Noncurrent liabilities: Compensated absences 72,757 Total noncurrent liabilities 72,757 Total liabilities 1,070,661 NET POSITION Investment in capital assets 1,770,807 Unrestricted 1,552,621 Total net position $ 3,323,428 See notes to basic financial statements 8 / a) 2Ryyw� y 0000wwo = 5 $ ® ® .g .§ 3g \ 3 \ 22 Q / $ S $ S / % E9 \ a &% *w waw¥ J J6w36J6w = 2 = E = o owarreNT rowoNT a � a = e = e 9 co a m 'q - = r = m / 5 y\ « 3 m v 6 w zy z e e 2 E / / a e 2 9 2 tf f \ / (0 C) 0 $ © o e e LL _ U) _ , m , NT , r f[ \ } $ Q S O 2 a k 2 \ ® ƒ (o O w E a-\ a CO 3E / 0 / e e = C/) Q b = , , w , , = r $ § 5 U $ 3 2 1- $ tf E 2 O 6 $ .g Cl) ƒ G = _ \ § _ 2 m ± r mo \ E � m _ ) Cf) m ° � \ '[ w U < � e e w 9 / / \ = E / \ F � = .gee X ? 0o emmroq � ¥ Rf k & 55 W e O g U) a = o r a 5 = _ _ - - o w ± ) Q a a = V / E § _ / / ./ ./ '\ � � 22 /M /ƒ/¢ � o = E eon - e 0 ± � & 7 ® Aaa fj \ \ » rr p » x e N 3 § ¥ .n / _ _ = a Q � � e e / z > _ 3 } } $ / 2 - Cf) > w « U) _ Q / w $$ m .j C/) } a Q $ § + u) \ U) ® :# § S E a)0 e E 2 § t » 3 ® * G /» a _ o o§ m § 'E « » -P -P - _ = e § ) ) e R 2 E C-) om = o LL AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BALANCE SHEET - GOVERNMENTAL FUND JUNE 30, 2019 ASSETS Cash and cash equivalents $ 149,881 Investments 2,389,833 Due from other governments 74,102 Prepaid expenditures 9,466 Total assets $ 2,623,282 LIABILITIES Accounts payable $ 357,418 Accrued expenses 616,234 Total liabilities 973,652 FUND BALANCE Nonspendable 9,466 Assigned for subsequent year's expenditures 278,750 Unassigned 1,361,414 Total fund balance 1,649,630 Total liabilities and fund balance $ 2,623,282 See notes to basic financial statements 10 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) RECONCILIATION OF THE BALANCE SHEET - GOVERNMENTAL FUND TO THE STATEMENT OF NET POSITION JUNE 30, 2019 Total fund balance -governmental fund $1,649,630 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources; and therefore, are not reported in the governmental fund: Cost of capital assets 3,268,733 Accumulated depreciation (1,497,926) 1,770,807 Long-term liability which is not due and payable in the current period; and therefore, is not reported in the governmental fund: Compensated absences (97,009) Net position of governmental activities $3,323,428 See notes to basic financial statements 11 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) STATEMENT OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCE GOVERNMENTAL FUND JUNE 30, 2019 REVENUES: Federal sources $ 127,283 State sources 8,505,849 Local sources 1,005,898 Investment earnings 73,489 Total revenues 9,712,519 EXPENDITURES: Current: Instruction 6,005,816 Instructional media services 79,223 Operation of facility 1,856,450 School administration 1,340,748 Pupil transportation services 205,200 Community services 133,854 Capital outlay 724,661 Total expenditures 10,345,952 Excess (deficiency)of revenues over expenditures (633,433) Net change in fund balance (633,433) Fund balance, beginning 2,283,063 Fund balance, ending $ 1,649,630 See notes to basic financial statements 12 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCE - GOVERNMENTAL FUND TO THE STATEMENT OF ACTIVITIES JUNE 30, 2019 Net change in fund balance -total governmental fund $ (633,433) Amounts reported for governmental activities in the statement of activities are different because: The governmental fund reports capital outlay as expenditures; however, in the statement of activities these costs are allocated over their estimated useful lives as provision for depreciation: Cost of capital assets 261,770 Current year provision for depreciation (135,842) Some revenues and expenses reported in the statement of activities are not reported in the governmental fund because they have no effect on current financial resources: Change in compensated absences payable (9,397) Change in net position of governmental activities $ (516,902) See notes to basic financial statements 13 NOTES TO BASIC FINANCIAL STATEMENTS AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 1 -ORGANIZATION AND OPERATIONS Aventura City of Excellence School (the "School"), is a special revenue fund of the financial statements of the City of Aventura, Florida (the "City"). The School commenced operations in August 2003 in the City and offers classes for kindergarten through eighth grade with an enrollment of 1,020 for the year ended June 30, 2019. The School is funded from public funds based on enrollment and can also be eligible for grants in accordance with state and federal guidelines, including food service and capital outlay. The School can accept private donations and the City can incur debt for the operation of the School. NOTE 2- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A summary of the School's significant accounting policies is as follows: A. Reporting Entity The School operates under a charter granted by the sponsoring school district, the Miami-Dade County Public School District (the "District"). The current charter is effective until June 30, 2033 but provides for a renewal of up to 15 years by mutual agreement of both parties. In 2005, the School amended the charter to include grades six through eight. In 2012, the School amended the charter to increase the School capacity from 972 to 1032 over five years commencing with the fiscal year 2012/2013. At the end of the term of the charter, the District may choose not to renew the charter under grounds specified in the charter in which case the District is required to notify the School in writing at least 90 days prior to the charter's expiration. During the term of the charter,the District may also terminate the charter for good cause as defined. The School is owned and operated by the City, is part of the City's government and is not a separate legal entity or otherwise organized apart from the City. The City was incorporated in November 1995. The City operates under a Commission-Manager form of government. In accordance with Chapter 10.850, Rules of the Auditor General of the State of Florida, the School is required to prepare special purpose financial statements. Section 10.855(4) states that the special purpose financial statements should present the charter school's financial position including the charter school's current and capital assets and current and long-term liabilities, and net position; and the changes in financial position. The financial statements contained herein present only the operations of the School and do not purport to, and do not, present the financial position and changes in financial position of the City. Only capital assets acquired with School revenues are reported. The facility used by the School is owned by the City and the capital assets and related debt for the facilities are not included in this report. B. Basis of Presentation Based on the guidance provided in the American Institute of Certified Public Accountants, Audit and Accounting Guide — Audits of State and Local Governments and the provisions of Section 228.056(9), Florida Statutes, the School is presented as a governmental organization for financial statement reporting purposes. C. Government-wide Financial Statements The School's basic financial statements include both government-wide (reporting the School as a whole) and fund financial statements. Both the government-wide and fund financial statements categorize primary activities as either governmental or business-type. All of the School's activities are classified as governmental activities. In the government-wide statement of net position, the governmental activities column is reported on a full accrual, economic resource basis, which recognizes all current and noncurrent assets and all current and noncurrent liabilities. The School's net position is reported in three (3) categories: investment in capital assets; restricted;and unrestricted. The government-wide statement of activities reports both the gross and net cost of each of the School's functions. The net costs, by function, are supported by general revenues. The statement of activities reduces gross expenses by related program revenues. Program revenues must be directly associated with the function. Operating grants include operating specific and discretionary grants while the capital grants column reflects capital-specific grants. 14 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 2- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) D. Fund Financial Statements The School's accounts are organized on the basis of funds. The operations of the fund is accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities,deferred inflows of resources,fund balance, revenues and expenditures. The Charter School operating fund is a governmental fund type and is used to account for all of the School's financial transactions. E. Measurement Focus and Basis of Accounting Basis of accounting refers to the point at which revenues or expenditures/expenses are recognized in the accounts and reported in the basic financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the government-wide statement uses the economic resources measurement focus. Governmental activity in the government-wide financial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when a liability is incurred. The governmental fund financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). Revenues susceptible to accrual include FTE nonspecific revenue, transportation funds, capital grant funds, operating grants and contributions and investment earnings. Intergovernmental revenues are recognized when all eligibility requirements have been met, if available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the School considers revenues to be available if they are collected within two (2) months of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred. However, expenditures related to compensated absences are recorded only when paid from expendable available financial resources. F. Capital Assets Capital assets purchased or acquired with an original cost of $5,000 or more are capitalized at historical cost or estimated historical cost and are reported in the government-wide financial statement. Donated capital assets are valued at the estimated fair market value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized and depreciated over the remaining useful lives of the related capital assets. Other costs incurred for repairs and maintenance are expensed as incurred. Capital assets, which include equipment acquired with state shared revenues are reported in the government-wide financial statements. Depreciation on leasehold improvements and equipment is provided on the straight-line basis over the respective estimated useful lives ranging from 15 to 25 years and 3 to 10 years, respectively. Within governmental funds, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported within the governmental fund financial statements. 15 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 2- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) G. Deferred Outflows/Inflows of Resources In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The School does not have any items that qualify for reporting in this category. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s)and so will not be recognized as an inflow of resources (revenue) until that time. The School does not have any items that qualify for reporting in this category. H. Unearned Revenue Unearned revenue arises when the School receives resources before it has a legal claim to them. I. Net Position Classifications Government-wide financial statements Net position is displayed in three (3)components: • Net investment in capital assets - consists of capital assets net of accumulated depreciation and reduced by the outstanding balances of any bonds or other borrowings that are attributable to the acquisition, construction or improvement of those assets. As of June 30, 2019, the School did not have any outstanding debt. • Restricted - consists of components of net position with constraints placed on its use either by: 1) external groups such as creditors, grantors, contributors or laws or regulations of other governments, or 2)imposed by law through constitutional provisions or enabling legislation. There is no restricted net position as of the year-end. • Unrestricted — indicates that portion of net position that is available to fund future operations and that do not meet the definition of"restricted" or "net investment in capital assets". J. Fund Balance Classifications Fund financial statements The School follows the provisions of Governmental Accounting Standards Board ("GASB") Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This statement requires that governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the School is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The following classifications describe the relative strength of the spending constraints: • Non-spendable Fund Balance — amounts that are not in spendable form (such as prepaid items) or are legally or contractually required to be maintained intact. The School has classified $9,466 of prepaid items as being non-spendable as these items are not expected to be converted to cash. • Restricted Fund Balance — amounts that are constrained to specific purposes by external providers (such as grantors, creditors, etc.) or imposed by law through constitutional provisions, or by enabling legislation. 16 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 2- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) J. Fund Balance Classifications(Continued) • Committed Fund Balance — amounts constrained to specific purposes by formal action of the government's highest level of decision making authority. The City Commission is the highest level of decision—making authority for the government and School that can, by adoption of an ordinance prior to the end of the fiscal year, commit fund balance. Once adopted, the limitation imposed by the ordinance remains in place until a similar action is taken (the adoption of another ordinance)to remove or revise the limitation. • Assigned Fund Balance — amounts the School intends to use for a specific purpose but are neither restricted nor committed. Assignments can be made by the City Manager, which the City Commission Members, by resolution, delegated such authority at their direction. • Unassigned Fund Balance — amounts that have not been assigned to other funds and that have not been restricted, committed, or assigned to specific purposes within the general fund. Positive amounts are only reported in the General Fund. The School has a total of $1,361,414 in Unassigned Fund Balance. The School uses restricted amounts first when both restricted and unrestricted fund balance is available unless there are legal documents/contracts that prohibit doing this, such as in grant agreements requiring dollar for dollar spending. Additionally,the School would first use committed fund balance, followed by assigned fund balance and then unassigned fund balance when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. K. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration. Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year-end represent the estimated amount of expenditures which would result if unperformed purchase orders and other commitments at year-end are completed. Encumbrances lapse at year-end; however, the City and School generally intends to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year-end are re-appropriated in the next fiscal year and are therefore presented as committed or assigned fund balance for the subsequent year. At June 30, 2019,there were no encumbrances outstanding. L. Deposits and Investments The School's cash, cash equivalents, and investments are maintained by the City in a pooled account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash, cash equivalents, and investments represent the amount owned by the Charter School operating fund. The City is responsible for all risks related to the School's cash, cash equivalents, and investments. These risks and the City's related policies are disclosed in the Note 3. M. Other Post Employment Benefits The City of Aventura provides post-employment healthcare coverage, including medical and dental benefits, to eligible individuals which consist of an implicit subsidy. The estimated liability is recorded in the financial statements of the City. No amount is allocated to the Charter School primary operating fund since the amount is deemed immaterial by management as of June 30, 2019. 17 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 2- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) N. Compensated Absences The School's sick leave policy is to permit employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 0-50% based on length of service, and other applicable limits. The School's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. Accumulated compensated absences are recorded in the government-wide financial statements when earned. Expenditures for accumulated compensated absences have been recorded in the governmental fund only if they have matured, (e.g., resulting from employee resignations, terminations or retirements). O. State Funding(Primary Source of Revenue) Student funding is provided by the State of Florida through the School Board of Miami-Dade County, Florida. In accordance with the Charter Agreement, the School Board retains 2% as an administrative fee. This funding is received on a pro rata basis over the twelve-month period and is adjusted for changes in full-time equivalent student population.After review and verification of Full-Time Equivalent ("FTE") reports and supporting documentation, the Florida Department of Education may adjust subsequent fiscal period allocations of FTE funding for prior year's errors disclosed by its review as well as to prevent the statewide allocation from exceeding the amount authorized by the State Legislature. Normally, such adjustments are reported in the year the adjustments are made. P. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures.Accordingly,actual results could differ from those estimates. NOTE 3-DEPOSITS AND INVESTMENTS As discussed in Note 2, the School's cash, cash equivalents, and investments are maintained by the City in a pooled account for all funds. Deposits The City's custodial credit risk policy is in accordance with Florida Statutes. Florida Statutes authorize the deposit of City funds in demand deposits or time deposits of financial institutions approved by the State Treasurer. These are defined as public deposits. All City public deposits are held in qualified public depositories pursuant to Chapter 280, Florida Statutes, "Florida Security for Public Deposits Act." Under the act, all qualified public depositories are required to pledge eligible collateral having a market value equal to or greater than the average daily or monthly balance of all public deposits times the depository's collateral pledging level. The collateral pledging level may range from 50% to 125% depending upon the depository's financial condition and the length of time that the depository has been established. All collateral must be deposited with the State Treasurer. Any losses to public depositors resulting from insolvency are covered by applicable deposit insurance, sale of securities pledged as collateral and, if necessary, assessment against other qualified public depositories of the same type as the depository in default. The City's bank balances were insured either by the Federal depository insurance corporation or collateralized in the bank's participation in the Florida Security for Public Deposits Act. The Florida SBA Pool, hereinafter referred to as "Florida PRIME", is not a registrant with the Securities and Exchange Commission ("SEC"); however, its board has adopted operating procedures consistent with the requirements for a 2a-7 fund. For the Florida PRIME, a 2a-7 like pool, the value of the City's position is the same as the value of the pool shares and is recorded at amortized cost. At June 30, 2019, the School's investment in the Florida PRIME was that of$1,515,639. In accordance with these requirements, the method used to determine the participants' shares sold and redeemed is the amortized cost method. Amortized cost includes accrued income and is a method of calculating an investment's value by adjusting its acquisition cost for the amortization of discount or premium over the period from purchase to maturity. 18 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 3-DEPOSITS AND INVESTMENTS (CONTINUED) Deposits(Continued) Thus,the School's account balance in the SBA is its amortized cost. The SBA is governed by Chapter 19-7 of the Florida Administrative Code. These rules provide guidance and establish the general operating procedures for the administration of the SBA. Additionally, the Office of the Auditor General of the State of Florida performs the operational audit of the activities and investment of the SBA. The SBA accounts are not subject to custodial credit risk as these investments are not evidenced by securities that exist in physical or bank entry form. In accordance with GASB Statement No. 79, Certain External Investment Pools and Pool Participants, the School's investment in the Florida PRIME meets the definition of a qualifying investment pool that measures for financial reporting purposes all of its investments at amortized cost and should disclose the presence of any limitations or restrictions on withdrawals. As of June 30, 2019, there were no redemption fees or maximum transaction amounts, or any other requirements that serve to limit a participant's daily access to 100 percent of their account value. Investments On February 7, 2019, the City re-adopted Chapter 6.6 of the Administrative Policy and Directives and Procedures Manual, entitled "Investments Objective and Parameters," as the City's Investment Policy for the management of Public Funds ("the policy"). The policy was created in accordance with Section 218.415, Florida Statutes. The policy applies to all investments held and controlled by the City, with the exception of a defined benefit pension plan and debt issuance where there are other existing policies or indentures in effect for the investment of related funds. The City's policy for investments other than pension plan and debt issuance is summarized herein. The Finance Director has responsibility for the type of investments the City makes. The investment policy establishes permitted investments, asset allocation, issuer limits, credit rating requirements and maturity limits to protect the City's assets. All investment securities are held by a Trust custodian and are managed by financial advisors. In general, the City's policy allows to invest in the following: (1) securities and obligations of the United States and its agencies; (2) non-negotiable interest bearing time deposits or savings accounts provided that such deposits are secured by collateral as prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes; (3) repurchase agreements collateralized by full or general faith and credit obligations of the U. S. Government or Agency securities; (4) the Florida Local Government Surplus Funds Trust Fund "SBA"; (5) intergovernmental investment pools authorized pursuant to the Florida Interlocal Cooperation Act, provided by Section 163.01, Florida Statutes, and provided that such funds contain no derivatives; (6) money market mutual funds - registered investment companies with the highest credit quality rating; (7) commercial paper of any U.S. company; (8) corporate notes; (9) asset backed securities issued by corporations organized and operating within the United States or by depository institutions licensed by the United States; (10) taxable/tax exempt municipal bonds; and (11) Israel bonds. 19 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 3 -DEPOSITS AND INVESTMENTS (CONTINUED) Investments (Continued) As of June 30, 2019, the School's allocation of cash, cash equivalents and investments consisted of the following: Cash and cash equivalents Deposits and money market funds with financial institutions $ 149,481 Petty cash 400 $ 149,881 Investments State Board of Administration-SBA, Florida PRIME $ 1,515,639 U.S. Treasury bills 332,319 Corporate bonds 191,809 U.S. Sponsored agencies 158,314 Mortgage and asset backed securities 178,416 Foreign 13,336 $ 2,389,833 Interest rate risk The City's policy is to limit its exposure to fair value losses arising from changes in interest rates by structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and investing operating funds primarily in shorter-term securities, money market mutual funds or similar investment pools. This is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The City's policy is that unless matched with specific cash flow, the City will not directly invest in securities maturing more than seven (7)years from the date of purchase. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds to ensure that proper liquidity is maintained to meet ongoing obligations. The dollar weighted average days to maturity (WAM) of Florida PRIME at June 30, 2019, is 28 days. Next interest rate reset dates for floating rate securities are used in the calculation of the WAM. The weighted average life (WAL)of Florida PRIME at June 30, 2019, is 80 days. Information about the exposure of the School's debt-type investments to this risk using the segmented time distribution model is as follows: Time to Maturity(in Years) Summary of Investments and Interest Less than Greater than Rate Risk Fair Value 1 Year 1-5 Years 6-10 Years 10 Years State Board of Administration- SBA, Florida PRIME $ 1,515,639 $ 1,515,639 $ - $ $ U.S.Treasury bills 332,319 73,297 259,022 Corporate bonds 191,809 54,384 137,425 U.S. Sponsored agencies 158,314 82,904 75,410 - Mortgage and asset backed securities 178,416 834 58,435 98,080 21,067 Foreign 13,336 13,336 Total $ 2,389,833 $ 1,727,058 $ 543,628 $ 98,080 $ 21,067 20 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 3 -DEPOSITS AND INVESTMENTS (CONTINUED) Credit risk Generally, credit risk is the risk that an issuer of a debt-type investment will not fulfill its obligation to the holder of the investment. This is measured by assignment of a rating by a nationally recognized rating organization. The City's investment policy provides strict guidelines and limits investments to highly rated securities with minimum ratings of A (long term securities), A-1/P-1 (short term securities), and AAAm (money market mutual funds). The Finance Director shall determine the appropriate action for any investment held that is downgraded below the minimum rating by one or more rating agencies. U.S. Government securities or obligations explicitly guaranteed by the U.S. Government are not considered to have credit risk exposure. The School's portfolio is rated by Standard &Poor's as follows: Rating Fair Value AAA $ 28,258 AA+ 611,241 A+ 45,228 AA 6,623 A 100,733 AA- 11,450 A 19,749 AAAM 1,515,639 BBB+ 5,806 NR 45,106 $ 2,389,833 Concentration The City's policy is to maintain a diversified portfolio to minimize the risk of loss resulting from concentration of assets in a specific issuer. Specific limits have been established which limit the percentage of portfolio assets that can be invested with a specific issuer. GASB Statement No. 40, Deposit and Investment Risk Disclosures, requires disclosure when the percentage is 5% or more in any one issuer. Investments issues or explicitly guaranteed by the U.S. government and investments in mutual funds, external investments pools, or other pooled investments are excluded from this requirement. At June 30, 2019, the School had no investments in any one issuer, amounting to 5% or more, requiring disclosure under GASB No.40. Custodial credit risk For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty (e.g., broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The City's investment policy requires securities, with the exception of certificates of deposit, to be registered in the City's name and held with a third-party custodian. Foreign credit risk For an investment, foreign credit risk is the risk that fluctuations in currency exchange rates may affect transactions conducted in currencies other than U.S. dollars and the carrying value of foreign investments. The City is not exposed to foreign credit risk. 21 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 4—FAIR VALUE MEASUREMENTS The School categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; Level 3 inputs are significant unobservable inputs. The School has the following recurring fair value measurements as of June 30,2019: Fair Value Measurements at Reporting Date Quoted Prices Significant in Active Other Significant Markets for Observable Unobservable Identical Assets Inputs Inputs Fair Value Level 1 Level 2 Level 3 U.S.Treasury bills 332,319 332,319 - Corporate bonds 191,809 190,075 1,734 U.S. Sponsored agencies 158,314 154,976 3,338 Mortgage and asset backed securities 178,416 178,416 - Foreign 13,336 13,336 - Total $ 874,194 $ $ 869,122 $ 5,072 Debt Securities of$874,194 classified in Levels 2 and 3 of the fair value hierarchy are valued using a matrix pricing technique. Matrix pricing is used to value securities based on the securities' relationship to benchmark quoted prices. NOTE 5—CAPITAL ASSETS A summary of changes in governmental capital assets is as follows: Balance Balance July 1, 2018 Additions Deletions June 30, 2019 Leasehold improvements $ 2,422,637 $ 165,624 $ - $ 2,588,261 Equipment 618,446 96,146 (34,120) 680,472 Less: accumulated depreciation 1,396,204 135,842 (34,120) 1,497,926 $ 1,644,879 $ 125,928 $ - $ 1,770,807 The provision for depreciation for the year ended June 30, 2019 amounted to approximately $136,000. The School allocated depreciation to operation of facility. NOTE 6 - LONG-TERM LIABILITIES The following is a summary of long-term liabilities for fiscal year ended June 30,2019: Amount Due Balance Balance Within One July 1,2018 Additions Deletions June 30,2019 Year(Estimate) Compensated absences $ 87,612 $ 30,317 $ (20,920) $ 97,009 $ 24,252 22 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 7 - COMMITMENTS AND CONTINGENCIES Management contract The City has a contract with Charter Schools USA, Inc. ("CSUSA") for administrative and educational management services for the operations of the School. All staff of the School, except the principal, two assistant principals (dean of discipline &operations and dean of curriculum)and a custodian,are employees of CSUSA. Total fees paid to the management company for fiscal year 2018/19 were approximately $306,000. The majority of other reimbursed expenditures by the City to CSUSA relate to teachers'salaries and benefits. The current agreement with CSUSA will expire on June 30, 2023. This agreement provides for an additional renewal term of up to five years upon agreement of both parties and provided the Miami-Dade County School Board extends the charter granted to the City. The fee for services is $306,000 annually, and to be negotiated thereafter upon reaching a renewal arrangement. Grant funding The School receives financial assistance from federal, state and local governmental agencies in the form of grants. The disbursement of funds received under these programs generally requires compliance with terms and conditions specified in the grant agreements and may be subject to audit by the grantor agencies. In accordance with Title 2 U.S Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance), the School was not required to conduct a "single audit" since the required threshold of federal or state money is currently$750,000 and the School did not exceed such threshold. NOTE 8- RELATED PARTY TRANSACTIONS The School's operations are located at a facility that is owned by the City. In September 2002, the City entered into a bond indenture agreement with the Florida Intergovernmental Finance Commission through an interlocal governmental agreement. As a result, the City issued $12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of land and the construction of a charter school as well as the construction of a community center. Approximately $6,650,000 of the bond issue was related to the acquisition, construction and equipping of the School facility. On June 15, 2012, the City issued $9,885,000 in Series 2012 Refunding Revenue Bonds with a rate of 2.18% to refund the then outstanding balance of the Series 2002 Revenue Bonds. Approximately $5,213,000 of the Series 2012 Refunding Revenue Bonds relates to that portion of the original Series 2002 Revenue Bonds that was utilized for the acquisition, construction and equipping of the School facility. The City refunded the Series 2002 Revenue Bonds to reduce its total debt service payments through maturity(2027)by approximately $3,810,000. The School is leasing its premises from the City under an operating lease agreement,which expired June 30, 2018, but was renewed for an additional year. The lease can renew each additional year as long as the School operates pursuant to the Charter issued by the School Board of Miami-Dade County. The lease amount is determined annually. Total lease expense for the fiscal year ended June 30, 2019 totaled $444,000. Future minimum payments under the current lease,which expires on June 30,2020,total $444,000. NOTE 9- RISK MANAGEMENT The School is exposed to various risks of loss related to torts, thefts of, damage to and destruction of assets, errors and omissions, employee health, workers' compensation and natural disasters for which the City carried commercial insurance. Settlement amounts have not exceeded insurance coverage for the past three (3)years. In addition, there were no reductions in insurance coverage from those in the prior year. 23 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019 NOTE 10 - DEFINED CONTRIBUTION PENSION PLANS The City is a single employer that contributes to four (4) defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401 (a). The employees of the School are eligible to participate in three (3) of the City's defined contribution pension plans. The School has four (4) full-time employees who are eligible to participate in these plans. Under these plans,the City contributes amounts ranging from 7%to 15%of employee salary for each of the four School employees. The City contributions for the Principal vest in the year they are contributed. The City's contributions to the other employee's vest beginning after one (1) year of service through year five (5) in 20% increments. Participants are not permitted to make contributions during the year. The City made plan contributions for these four employees of approximately $30,615 during the year. Plan provisions and contribution requirements may be amended by the City Commission. In addition, the City provides to these full-time employees a deferred compensation plan under Section 457 of the Internal Revenue Code. Under this program, employees may voluntarily elect to defer a portion of their salary to future years;with no required contributions from the City. Both programs are administered by ICMA Retirement Corp. The City does not exercise any control or fiduciary responsibility over the Plans' assets. 24 REQUIRED SUPPLEMENTARY INFORMATION (Unaudited) AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) SCHEDULE OF REVENUES AND EXPENDITURES AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL JUNE 30, 2019 Budgeted Amounts Budget to GAAP Actual Actual Amounts, Difference Amounts Original Final Budgetary Basis Over(Under) GAAP Basis Variance Revenues and transfers: FTE nonspecific revenues $ 7,372,000 $ 7,513,610 $ 7,558,387 $ $ 7,558,387 $ 44,777 Capital grant funds 597,000 597,000 611,282 611,282 14,282 Charges for services 698,000 698,000 777,920 777,920 79,920 Miscellaneous income 219,000 219,000 190,489 190,489 (28,511) Field trip revenue 170,000 170,000 123,855 123,855 (46,145) Transportation funds 125,000 125,000 149,814 149,814 24,814 Transfers from other funds of the City 100,000 100,000 100,000 100,000 - Operating grants and contributions 157,450 220,086 127,283 127,283 (92,803) Investment earnings 14,000 14,000 73,489 73,489 59,489 Allocation of fund balance 278,750 857,630 - (857,630) Total revenues and transfers 9,731,200 10,514,326 9,712,519 9,712,519 (801,807) Expenditures: Salaries 4,988,399 5,020,399 5,352,425 5,352,425 (332,026) Professional services 844,200 844,200 867,488 867,488 (23,288) Lease expense-transfers 444,000 444,000 444,000 (444,000) - Repairs and maintenance 301,158 301,158 386,896 386,896 (85,738) Payroll taxes 381,613 381,613 389,329 389,329 (7,716) Administration fee 147,274 147,274 149,409 149,409 (2,135) Employee health insurance 460,659 460,659 434,342 434,342 26,317 Supplies and events 441,300 484,478 442,051 442,051 42,427 Field trips and after-school 162,000 162,000 123,732 123,732 38,268 Capital outlay 371,500 950,380 724,661 724,661 225,719 Utilities 172,000 172,000 156,594 156,594 15,406 Textbooks 168,000 180,058 151,543 151,543 28,515 Bonuses 122,500 232,110 191,640 191,640 40,470 Food services 280,000 280,000 271,810 271,810 8,190 Workers'compensation insurance 89,752 89,752 8,647 8,647 81,105 Telephone 81,120 81,120 95,929 95,929 (14,809) Pension contributions 73,199 73,199 65,093 65,093 8,106 Insurance 41,200 41,200 20,595 20,595 20,605 Travel 29,400 36,800 44,041 44,041 (7,241) Stipends 129,426 129,426 23,141 23,141 106,285 Dues and fees 2,500 2,500 2,586 2,586 (86) Lease expense - - - 444,000 444,000 - Total expenditures 9,731,200 10,514,326 10,345,952 - 10,345,952 168,374 Net change in fund balance $ - $ - $ (633,433) $ - $ (633,433) $ (633,433) See notes to basic financial statements 25 AVENTURA CITY OF EXCELLENCE SCHOOL (A SPECIAL REVENUE FUND OF THE CITY OF AVENTURA, FLORIDA) BASIC FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION NOTES TO REQUIRED SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED JUNE 30, 2019 NOTE 1 The School formally adopted a budget for the year ended June 30, 2019. Budgeted amounts may be amended by resolution or ordinance by the City Commission. The budget has been prepared in accordance with accounting principles generally accepted in the United States of America with the exception of the items described in Note 2. A comparison of the actual results of operations to the budgeted amounts for the operating fund is presented as required supplementary information. NOTE 2 For budgeting purposes, certain amounts are budgeted as transfers out to the City's Debt Service Fund. For separate reporting of the Charter School operating fund, these amounts are reclassified as follows: Lease expense for School facility $ 444,000 26 COMPLIANCE SECTION MoCABALLERO HERMAN LLERENA GARCIA LLP ©m accountants I advisors INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School (a Special Revenue Fund of the City of Aventura, Florida) Aventura, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to the financial audits contained in the Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the"School")(a Special Revenue Fund of the City of Aventura, Florida)as of and for the fiscal year ended June 30, 2019, and the related notes to the financial statements, which collectively comprise the School's basic financial statements, and have issued our report thereon dated August 30, 2019. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the School's internal control over financial reporting (internal control)to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, we do not express an opinion on the effectiveness of the School's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the School's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 27 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 -P 305.662.7272 F: 305.662.4266 1 CFLGCPA.COM Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the School's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the School's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. caxalle-o / /ol-Ka'( Gle-ewa & �' aa, LLP Caballero Fierman Llerena &Garcia, LLP Coral Gables, Florida August 30, 2019 28 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 -P 305.662.7272 F: 305.662.4266 1 CFLGCPA.COM M© CABALLERO HERMAN LLERENA -- GARCIA LLP ©o accountants I advisors MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School (a Special Revenue Fund of the City of Aventura, Florida) Aventura, Florida Report on the Financial Statements We have audited the basic financial statements of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida),as of and for the fiscal year ended June 30,2019,and have issued our report thereon dated August 30, 2019. Auditors' Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America-the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and Chapter 10.850, Rules of the Florida Auditor General. Other Reporting Requirements We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report which is dated August 30, 2019, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.854(1)(e)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report.There were no findings or recommendations made in the preceding annual financial audit report. Official Title Section 10.854(1)(e)5., Rules of the Auditor General, requires that the name or official title of the entity and the school code assigned by the Florida Department of Education be disclosed in this management letter. The official title and the school code assigned by the Florida Department of Education of the entity is Aventura City of Excellence School and 0950. Financial Condition and Management Sections 10.854(1)(e)2. and 10.855(l 1), Rules of the Auditor General, require us to apply appropriate procedures and communicate whether or not the School has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify of the specific conditions met. In connection with our audit,we determined that the School did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Our assessment was performed as of the fiscal year end. Pursuant to Sections 10.854(1)(e)6.a. and 10.855(12), Rules of the Auditor General, we applied financial condition assessment procedures for the School. It is management's responsibility to monitor the School's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Section 10.854(1)(e)(3), Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit,we did not have any such recommendations. 29 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 -P 305.662.7272 F: 305.662.4266 1 CFLGCPA.COM Transparency Sections 10.854(1)(e)7.and 10.855(13), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether the School maintains on its web site information specified in Section 1002.33(9)(p), Florida Statutes. In connection with our audit,we determined that the School maintained on its Web site the information specified in Section 1002.33(9)(p), Florida Statutes. Additional Matters Section 10.854(1)(e)4., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse,that have occurred, or are likely to have occurred,that have an effect on the financial statements that is less than material but warrants the attention of those charged with governance. In connection with our audit,we did not note any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives,the Florida Auditor General, Federal and other granting agencies, City Commission, School's management, and the School Board of Miami-Dade County and is not intended to be and should not be used by anyone other than these specified parties. CaX aGcel-o «ewewa & �amwa, «P Caballero Fierman Llerena &Garcia, LLP Coral Gables, Florida August 30, 2019 30 4649 Ponce de Leon Blvd I Suite 404 1 Coral Gables, FL 33146 -P 305.662.7272 F: 305.662.4266 1 CFLGCPA.COM I 2 I I 4TURA CITY OF FXCFLLENCE SCOSS CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICP Community Development Director DATE: August 16, 2019 SUBJECT: Request of AE Aventura LLC, doing business as Angelo Eia Pizza Bar Tapas, for Conditional Use Approval to allow the sale and service of alcoholic beverages at an indoor cocktail lounge/bar area within the Angelo Eia Pizza Bar Tapas restaurant located in Suite 103, 2910 NE 207 Street, City of Aventura, in the Aventura ParkSquare development (03- CU-19) September 10, 2019 City Commission Meeting Agenda Item [off RECOMMENDATION It is recommended that the City Commission approve the conditional use application to allow sale and service of alcoholic beverages at an indoor cocktail lounge/bar areas within the Angelo Eia Pizza Bar Tapas restaurant in Suite 103, 2910 NE 207 Street, in the Aventura ParkSquare development, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to AE Aventura LLC, doing business as Angelo Eia Pizza Bar Tapas restaurant in Suite 103, 2910 NE 207 Street, in the Aventura ParkSquare development and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food. 3. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the 'community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. THE REQUEST The applicant, AE Aventura LLC, doing business as Angelo Eia Pizza Bar Tapas, is requesting conditional use approval to sell and serve alcoholic beverages in an indoor cocktail lounge/bar areas within the restaurant to be located in Suite 103, 2910 NE 207 Street, in the Aventura ParkSquare development, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Section 4-2(a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura ParkSquare LLC APPLICANT AE Aventura LLC doing business as Angelo Eia Pizza Bar Tapas ADDRESS OF PROPERTY 2910 NE 207 Street, Suite 103, City of Aventura (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Parts of Blocks 17 and 18, alleys and vacated roads within the plat of Hallandale Park No. 8, recorded in Plat Book 20, Page 49 and Part of Tract 1 within the plat of Lauranna recorded in Plat Book 76, Page 31, of the Public Records of Miami-Dade County, Florida Zoning — Subject Property: TC3 Town Center Neighborhood District Properties to the North: OP Office Park District CF Community Facilities District Properties to the South: CF Community Facilities District, and B2 Community Business District 2 Properties to the East: RMF3 Multifamily Medium Density Residential District Properties to the West: B2 Community Business District Existing Land Use — Subject property: Mixed Use Development Properties to the North: Office Park Properties to the South: House of Worship & Retail Plaza Properties to the East: Residential Condominium Properties to the West: Retail Plaza Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Town Center Property to the North: Business and Office Property to the South: Business and Office Property to the East: Medium-High Density Residential Property to the West: Business and Office The Site — The Angelo Eia Pizza Bar Tapas restaurant is proposed to be located in Suite 103 on the ground floor of the Aventura Park Square mixed-use development, adjacent to the interior driveway on the east and to the Aloft Hotel on the west, as shown in Exhibit#3. The Project - Angelo Eia Pizza Bart Tapas is proposing to open a restaurant in Suite 103 of the Aventura Park Square mixed-use development on NE 207 Street at NE 30 Avenue. The restaurant will be located on the ground floor adjacent to the Aloft Hotel. Entrances are from the interior driveway sidewalk and from the landscaped plaza on NE 207 Street. The restaurant will have 4830 square feet of total floor area with 165 seats indoor and outdoor. There are 91 seats at tables indoor, 17 seats at the indoor bar/lounge and 57 seats at tables on the outdoor patio. Sales and service of alcoholic beverages is proposed at the indoor and outdoor tables and at the indoor bar/lounge area. The hours of operation of the restaurant will be from 11 a.m. to 11 p.m., Monday through Sunday. The restaurant and the cocktail lounge are permitted uses in the TC3, Town Center Neighborhood, zoning district. The proposed floor layout is attached as Exhibit#4 to this report. The applicant will be applying for a 4COP series, SFS class, liquor license from the State of Florida for sale and service of liquor, wine and beer. ANALYSIS Sales and service of alcoholic beverages are permitted by Code at tables inside the restaurant and at tables in the outdoor patio; however, sales and service of alcoholic beverages at the indoor bar area requires conditional use approval due to the number of seats and distance and spacing requirements of Chapter 4 of the City Code, as detailed in the "Community Development Department Analysis" below. 3 Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Citizen Comments - As of the date of writing of this report, the Community Development Department has received no citizen comments. Community Development Department Analysis - Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that, unless first approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school. Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement. Dining rooms in restaurants in the B2 zoning district that serve cooked, full course meals, prepared daily on the premises, are one of the exceptions provided by this Code section. Cocktail lounges in restaurants are also an exception to the conditional use approval requirement, provided that the restaurant has 200 or more seats at tables, including bars or counters at which full course meals are available and provided that the restaurant has more than 4000 square feet of floor space. The dining room in the applicant's proposed restaurant meets the exemption criteria of Section 4-2(e) of the City Code. The restaurant meets the floor area requirement with 4830 square feet of floor area; however, conditional use approval is required for the applicant's proposed sale and service of alcoholic beverages at the indoor bar/lounge areas because it does not meet the exemption requirement for the number of seats. The applicant's proposed restaurant has a total of 108 interior seats. The 57 outdoor patio area seats are not included in the calculation to determine compliance with City Code. A liquor survey is required to show spacing and distance to other non-exempt establishments with an existing alcoholic beverage license and to religious facilities and schools. The applicant has submitted the liquor survey attached as Exhibit #5. The survey reveals one (1) establishment with an alcoholic beverage use (which establishments are not one of the uses listed as an exception from the spacing requirements of the City Code) within 1,500 feet; that being the Winn Dixie Liquor store on 20355 Biscayne Boulevard. In addition, the survey identifies two (2) religious facilities and two (2) schools within 2,500 feet; those being the Aventura Turnberry Jewish Center, Aventura Chabad, Hochberg Preparatory School and the Aventura Waterways School. 4 Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Town Center. The Town Center future land use designation is designed for both residential and business uses, including restaurants. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed service and sale of alcoholic beverages at the indoor cocktail lounge/bar area within the restaurant will not be detrimental to or endanger the public health, safety or general welfare. The conditions that on-premises consumption of the alcoholic beverage will be made only in conjunction with food service and that the use may be terminated by the City Manager if the use creates a disturbance or is operated in violation of the conditions of this approval will provide safeguards to ensure that the use will not be detrimental. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The restaurant is located on the ground floor of the Aventura Park Square mixed-use development and is adjacent to other planned restaurant spaces. The immediate neighborhood of the proposed use is comprised of retail, restaurant, office, hotel, commercial and residential uses. The proposed use is consistent with the community character of the immediate neighborhood and existing uses within the Aventura Park Square development. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. The Aventura Park Square neighborhood town center is developed. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. The proposed use will not change the current levels of service required. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. 5 The proposed use is located within the Aventura Park Square mixed-use development. Adequate measures exist to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the development is by way of accesses on NE 207 Street, NE 205 Street, NE 30 Avenue and NE 29 Avenue. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The restaurant is located on the ground floor of the Aventura Park Square mixed-use development. It will have no visual or other adverse effects on adjacent property. The development provides the required setbacks, buffers, landscaping and other design criteria approved by the City. The application is found to meet the criteria for approval of conditional uses in Section 31-73(c). Staff therefore recommends approval with the conditions contained in this staff report. DISCLAIMER AND CONDITION 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. 6 Exhibit "! 03-CU-19 Adrienne Noto, Esq. Greens oon HarderLLP P600 Brickell Avenue,Suite 3600 Miami, Florida 33131 Phone:305.789.2770 Fax:305.537.3900 Direct Phone:305.789.2733 Direct Fax:305.537.3929 Email:adrienne.noto@gmlaw.com August 05,2019 City of Aventura do Joanne Carr,Community Development Director 19200 West Country Club Drive Aventura, Florida 33180 Re: Letter of Intent for a Conditional Use Approval for Angelo Eia Pizza Bar Tapas at 2910 NE 207th Avenue,Suite 103,Aventura,Florida 33180 Dear Ms. Carr: Our Law Firm represents AE Aventura, LLC (the "Applicant"), the tenant of the restaurant space (the "Restaurant Premises") located at 2910 NE 207th Avenue, Suite 103, Aventura, Florida 33180 ("Property"). The Applicant is making this application for a Conditional Use Approval as the Restaurant Premises has a bar within the space and would like to utilize that bar as a cocktail lounge/bar. The Restaurant Premises consists of a total of 4,830 square feet and a total of 165 seats (17 seats at the cocktail lounge/bar, 91 seats indoors at tables, and 57 outdoors at tables), which we have been informed by you requires Conditional Use Approval. Please allow this letter, as well as the enclosed application materials, to serve as the Applicant's Letter of Intent("LOI")in connection with the foregoing application. Casa D'Angelo is recognized as the best Italian restaurant in South Florida. Chef Angelo Elia is known nationwide as a culinary superstar and is one of the best Italian chefs in South Florida. The Applicant is seeking the ability to utilize the bar within the Restaurant Premises (as shown on the enclosed architectural floor plan) as a cocktail bar rather than for the sole purpose of a service bar, i.e. allowing patrons to enjoy their meal at the bar should they choose to do so, have a drink while waiting for a table within the restaurant, etc. The hours of operation of the restaurant are from 11:00 a.m. to 11:00 p.m. Monday through Sunday. The Restaurant Premises is located within the TC3 (Town Center Neighborhood District) zoning district, which is intended primarily to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner in existing neighborhoods. A restaurant is a main permitted use in the TC3 zoning district and you have informed us that a cocktail lounge within a restaurant with less than the required interior accommodations for the service of 200 or more persons at tables and more than 4,000 square feet is a permitted conditional use. Boca Raton Denver Ft.Lauderdale Iselin Las Vegas Los Angeles Miami Naples New York Orlando Phoenix Portland San Diego Tallahassee Tampa West Palm Beach August 05,2019 Page No.2 The Applicant's proposed operation of Angelo Eia Pizza Bar Tapas satisfies the criteria set forth in §31-73(c)of the City Code's Land Development Regulations as follows: (1)The proposed use shall be consistent with the Comprehensive Plan: Satisfied. The restaurant is a permitted use within the TC3 zoning district and a cocktail lounge/bar within a restaurant is a permitted conditional use. Further, these uses are consistent with the City of Aventura Comprehensive Plan as the Future Land Use designation is both business and office. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health,safety, or general welfare: Satisfied. As set forth in the cumulative application materials, the restaurant and its controlled operation of the venue will not adversely affect the public health, safety, or general welfare. There are other venues within the City of Aventura that have Conditional Use Approvals for the use of a cocktail lounge/bar within the restaurant that do not meet the requirements as referenced above. The use of a cocktail lounge/bar is not anticipated to create an adverse effect or disturbance to the neighboring communities. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use: Satisfied. The Aventura Mall and the expansion area are located to the north of the Restaurant Premises. Therefore, the surrounding area of the shopping plaza and the Aventura Mall and the expansion area contain other commercial and retail uses, restaurants, office, hotel, and medium and high density residential uses. The restaurant use is consistent with the surrounding uses. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire, and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs: • Satisfied. The Applicant's use as a restaurant will not alter the levels of service nor will it alter utilities,roadway capacity, and other necessary public facilities, including police,fire,and emergency services. (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets: Satisfied. As the restaurant is located to the north of the Aventura Mall and the expansion area, there are adequate measures for ingress and egress to the property, including access to Biscayne Boulevard, Ives Dairy Road, West Country Club Drive, Aventura Boulevard, and convenient access to the William Lehman Causeway. August 05,2019 Page No.3 (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district: Satisfied. As the Restaurant Premise is located to the north of the Aventura Mall and the expansion area, the approval of this Conditional Use for the Applicant will not impede the development of the surrounding properties for uses permitted. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks,buffers,landscaping and other design criteria: Satisfied. As the Restaurant Premise is located to the north of the Aventura Mall and the expansion area, there will be no adverse effect to the approval of this application, including but not limited to visual impacts. In light of the foregoing, and the cumulative application materials submitted herewith, we respectfully request your favorable review and approval of this application. Very Respectfully� Submitted, CII�Q NQ i, f Adrienne Noto,Esq. For the Firm Enclosures «.. Exhibit 2 03-CU-19 _ BROWARD COUNTY ■t■MMI—I—I—U moli1■d 7-or w-v n'• Ti'Ira YT Y-r---i'f i 1-IV-. 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' -- UMW �, r € .....:\�• rnrr.:� �� alb 1 mom El b c'' 0 CM o II. o a nu Apik,3 iv 4'® • __ .1�\`r ,I / Ii _ I ' '� T �Jll __ _ ... Is i — il1yi. `®c° lii �„s .' 0 �v. is V1 , :' I a: I�_I �; ���� u s - a . ® MO : y , y _, 111 rTh ` _.� , 11 gil 11 fa la 1 Ir 0 ii.q■ ID y 1 1 moil_ siiii Malliffinerl,11 b 0- _' C V m . G .'. a 7 s m a n a n € uU W �� 9 a "I r a '6 b a a eek b S? y$ y t i i S /I a 2— -„? 0, 1 7 g 2 a g$ a ; a l i n t H 8 gh 14114 i a i m a b i ' ' a i i a a !11 ! is . ; a C O ��mco Q 1 1 a g a i a 1 $ g i i ; P 1 3 % & 'a 9 : g ! E v -2 W2 8 § 4 l a ff p g a 1 1 0 $ g0 Y c my QZ " Y 3 S i i E 5 {g g g 5 1 $ ti p; 5 i 1 H 9 ! 1 LL LL 12 .03 aJ g gi t I l a° i i c 3 5i 1 t '! SSS t i a , ,, $ t I l t Ig 1 a a 1 i , a a a t a : �I a g : ! g I ` 01 $ i g kg: t a p `-1 n b g : t - g a : APPLICANT REPRESENTATIVE AFFIDAVIT 'C Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: Name Relationship (i.e.Attorneys,Architects,Landscape Architects,Engineers,Lobbyists,Etc.) ,i Lefano Elia Applicant Representative,Manager of AE Aventura,LLC ,� Joshua Remedios,Esq. Attorney,Greenspoon Marder LLP „ Adrienne Noto,Esq. Attorney,Greenspoon Marder LLP /Francisco Fajardo Surveyor,Vice President of Lannes and Garcia,Inc. N.Burton A.Hersh Architect,Burton Hersh Architects,P.A. (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVITQBECOMES INCORRECT OR INCOMPLETE. Tfl WITNESS MY HAND THIS /! DAY OF fly ,200 AUTHORIZE P ES ATIVE OF APPLICANT: OWNER By: By: / ( ignature) (Signature) Name: Lefano Elia Name: _ (Print) (Print) Title: Manager of AE Aventura,LLC Title: Address:3471 North Federal Highway,Suite 302 Address: Oakland Park,Florida 33306 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared Lefano Elia as h- :uth, ized representative of the Applicant and/or the owner of the property subject to the application, who being first by me d//:/. , . swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ' ; 4* _ #i AFFI,r SWORN TO AND SUBSCRIBED BEFORE ME this qday ff IIVV ,201? .��1Q1111��Ii1ItN,. �P....PET/,y .- — /1 a: •..OW- 20N .0*---- jlotary u•c tate of F ori At Larg ;• �O mko • t,nted Name of Notary z. * : 6,„ Iles commission expires: P (i. #Ff 978952 yy��•�°ag*onded0�'�4.,,,� e „. - •. !Notaryg•••���� /////'/ vet 111111 0\`\\\,\ • BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with'x"applicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ 12. Affiant hereby disdoses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; E]v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the b(siness of the member of the City Commission or Board(or his or her employer)in a given calendar year; [J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 9 DAY OF July ,204 9 APPLICANT-4 SE 'ATIVE: By: 4 / (Signature) Name:Lefano -.'a (Print) Title: Manager of AE Aventura,LLC q (Print) WITNESS MY HAND THIS / / DAY OF cl lady 2041 PROPERTY OWNER: By: (Signature) Name:_ (Print) Title: (Print) 'The terms 'Business Relationship," "Client,' "Customer," 'Applicant," 'Representative"and "Interested Person"are defined in Section 2-395 of the Aventura City Code. 1< WITNESS MY HAND THIS /f--DAY OF July ,200 REPRESEN/ 1.(Us,•on Business Relationship Affidavit) By:_ Ar ill (Signature) By. (Signature Name: Lefano Elia (Print) Name: (Print) Title:Manager of AE Aventura,LLC (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: _(Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: _ (Signature Title: _(Print) Title: _ (Print) Title: (Print) Title: (Print) By: (Signature) By:. (Signature Title: (Print) Title: _ (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: _(Print) Title: (Print) 4 Title: _ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. • NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Lefano Elia the A • •in executed this Affidavit for the purposes ��rr, 9 by me duly sworn,did swear or affi l/ stated therein and that it is true and correct. — — � �\\� //// �001TE PEN,q�ii��� •0_`�,A,SSIONe '• %rp J AFI `. cY" ti20, °,et • �.. SWORN TO AND SUBSCRIBED before me this./1.. day of July ,200_ _ ' t,� #FF 978952 N +4K.1 c_42; a of-oNia At lar /,hI►/�vy 1• Gage H ded S6c!�•.<1\4— My mission Notary /to. �' �_yt?y ///���-(/C,STKCS \\\\ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ day of 200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) ---- --- ___—_-- -------------•_-- ----__----_—�—, COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared _ the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of 200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires:— . STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared - the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this -_day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires:_,___ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x"applicable portions only) Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ( ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; (]iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; ()iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS I u DAY OF July ,20$i APPLICANTREPRESE�N"TATIVE: By: AA .111 (Signature) Name:Adrienne Noto,Esq. (Print) Title:Attorney (Print) WITNESS MY HAND THIS DAY OF _,200_ PROPERTY OWNER: By: (Signature) Name:_ (Print) Title: (Print) 'The terms 'Business Relationship," "Client" "Customer," 'Applicant," 'Representative"and Interested Person"are defined in Section 2-395 of the Aventura City Code. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with'x'applicable portions only) N 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: []i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [[v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; []vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS !PDAY OF July ,209. APPLICAN1REPRES ENTATI VE: By: f"'Z — (Signature) Name: hua Remedios,Esq. (Print) Title:Attorney (Print) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER: By: (Signature) Name: (Print) Title: (Print) 'The terms 'Business Relationship," "Client" 'Customer" 'Applicant," "Representative"and "Interested Person"are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS 19 DAY OF July ,2005. REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: ACS 11tit (Signature) By:_ (Signature Name: Adrienne Noto (Print) Name:_ (Print) Title:Attorney (Print) Title: (Print) By: (Signature) By: _ (Signature Name:Joshua Remedios (Print) Name:_ (Print) Title:Attomey _(Print) Title: (Print) By: (Signature) By: (Signature Name:_ _(Print) Name: (Print) Title: _(Print) Title: _._ (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title, (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: __ _(Print) Title: (Print) Title:_ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ned Adrienne Noto Before me,the undersigned authority,personally appeared _ the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. t,��'�,, r f ALk/ i AFFIANT SWORN TO AND SUBSCRIBED before me this day of_July — ,20$S ,,,( ,,r,tr-moi +►r ' , ER • Lary Public State of Florida At • 14 •, • Commission#FF 929437 Expires October 20,2019 Printed Name of Notary ;ql! :° ead.an.0Troy Fin Immo 11ooaesm+9 My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ned Joshua Remedios Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. • AF ANT SWORN TO AND SUBSCRIBED before me this l day of July ,20� ZZA 1 4- N Public State of Florida At Large ..Ato.w„ MICHELE RENNERT fa Ayes Commission#FF 929437 Printed Name of Notary My commission expires:_ '►' Expires October 20,2019 , ,..tv gpigWTMuTnYFin Insurance 9004&5`7019 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared .—. __. _ the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this_ _ day of _ _,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared_ _ _ _ _ the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _day of _,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with'x'applicable portions only) [A 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [Ii. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; []ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [iv. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; [1 vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WIT SS MY HAND THIS I 1-LAY OF July ,20Iq APPL -E -E q ti (Signature) : V �'' Si 9 Y ) Name: Burton A.Hersh (Print) Title:Architect,President of Burton Hersh Architects.PA. (Print) WITNESS MY HAND THIS DAY OF ,200_ PROPERTY OWNER: By: (Signature) Name: (Print) Title: (Print) 'The terms "Business Relationship," "Client," "Customer" 'Applicant," "Representative"and "Interested Person"are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS_ jIAY OF July ,2Ort REPR TIV :(List d on Business Relationship Affidavit) By:, 1,Signature) By: (Signature Name: Burtonx.Hersh (Print) Name: (Print) Title:President of Burton Hersh Architects,PA(Print) Title: (Print) By: (Signature) By:_ (Signature Name: (Print) Name: (Print) Title: _(Print) Title: (Print) BY:_.. (Signature) By: (Signature Name:__. _(Print) Name: (Print) Title: __(Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: _ (Print) Title: (Print) Title: .__ (Print) By: (Signature) By: (Signature Title: (Print) Title: _(Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3l-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Hersh Before g ty, a ared ,who being fi t by me duly swan,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct ` 23 / F'A T ALEJSWORN TO AND SUBSCRIBED before me this day of July 20 V NOTARYWDRtNA AGUILAR A. ``,y , !' PUBLIC f STATE OF FLORIDA At = -� Conan#GG152799 ,lLang 4!r Expires 10/18/2021 Print-. ame of Notary My commission expires: V d ' — STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared _ the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) _'__—'--_—_--_—_--_—_--_____--_-- COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this day of 200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared__ the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this____day of 20Q Notary Public State of Florida At Large Printed Name of Notary My commission expires:___ . BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with"x' plicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [j 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: Hi. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; IR ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture; (J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [J iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [I v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; (J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 1E1 DAY OF June 200 . APPLICAN1REPRESENTATIVE: .r- By: (Signature) Name:F ncisco Fajardo (Print) Title:Surveyor,Vice President of Lannes and Garcia Inc. (Print) WITNESS MY HAND THIS 71 DAY OF c-7-c174/ .•-- ,20 _1 q PROPERTY OWNER: By: (Signature) Name: (Print) . Title: (Print) 'The terms 'Business Relationship," "Client,' Customer,' 'Applicant," Representative"and "Interested Person"are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS i/... OF June 20111. REPRESENTATIVE:(Listed on Business Relationship Affidavit) By: (Signature) By: (Signature Francisco Fajardo Name: (Print) Name: (Print) Titie:vice President of Lannes and Garcia Inc puny Title: (Print) By: (Signature) By: (Signature Name: (Pont) Name: (Print) Title: (Print) Title: (Print) By:_ (Signature) By: (Signature Name:__. (Print) Name: ...... (Print) I Title: (Print) Title:._... :._._ (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title:..._. (Print) By:.. (Signature) By:_. (Signature Title: (Print) Title: (Print) Title; (Print) Title: (Print) { By: (Signature) By: (Signature Title: (Print) Title:_......_._._...-__.—_-- (Print) Title: (Print) Title:.._..._...__.. (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in'the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared Francisco Fajardo the Affiant who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct j AFFTA r SWORN TO AND SW C• : •.-or- a is _A /. June 2014 at� eL,. ANGELA P LANNES � z ` , � ,; Notary Public-State o`Florida <.,:,��1 ,,�y,� Commission=GG 314698 + T/ , e, iz, My Comm.Ex:fres Apr 2.2023 P Printed - -of Notary ( r,9 Bonded through Nationa Notary Assn, My commission expires: /" - t�C G J� Wil, �► ♦ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct: AFFIANT SWORN TO AND SUBSCRIBED before me this—day of ,200_, Notary Pub4c:atato of Florid At Large. Printed Name of Notary My commission expires: STATE O FLORIDA^--)--- __.------�__.,__—__—_—_- _----_----- ----- -----.._-- --- COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared the Affiant who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this—day of 200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) _ _-�---�----------�--•--- --- COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared, the Affiant,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT - SWORN TO AND SUBSCRIBED before me this day of, 200_ Notary Public State of Florida At large Printed Name of Notary My commission expires: RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN ANGELO EIA PIZZA BAR TAPAS LOCATED IN SUITE 103, 2910 NE 207 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC3, Town Center Neighborhood District; and WHEREAS, the applicant, AE Aventura LLC, doing business as Angelo Eia Pizza Bar Tapas, through Application No. 03-CU-19, is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at an indoor bar/lounge area within the Angelo Eia Pizza Bar Tapas restaurant in Suite 103, 2910 NE 207 Street, in the Aventura Park Square mixed-use development; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to allow the sale and service of alcoholic beverages at an indoor bar/lounge area within Angelo Eia Pizza Bar Tapas restaurant in Suite 103, 2910 NE 207 Street, legally described as Parts of Blocks 17 and 18, alleys and vacated roads within the plat of Hallandale Park No. 8, recorded in Plat Book 20, Page 49 and Part of Tract 1 of the plat of Lauranna recorded in Plat Book 76, Page 31 of the Public Records of Miami-Dade County, Florida, is hereby granted exclusively to the applicant subject to the following conditions: City of Aventura Resolution No. 2019- 1. This approval shall be granted exclusively to AE Aventura LLC, doing business as Angelo Eia Pizza Bar Tapas restaurant in Suite 103, 2910 NE 207 Street, in the Aventura Park Square development and may not be transferred to another owner and/or operator of the restaurant or to another location. 2. Alcoholic beverages shall be sold and served only in conjunction with service of food. 3. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the restaurant. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 5. The applicant shall comply with the hours of operation allowed to bars and cocktail lounges for sale of alcoholic beverages for consumption on premises pursuant to Section 4-3(d) of the City Code; namely, between the hours of 8:00 a.m. and 1:00 a.m. the following day. 6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. 7. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. 8. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. 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. Page 2 of 4 City of Aventura Resolution No. 2019- 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 Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 10th day of September, 2019. Page 3 of 4 City of Aventura Resolution No. 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 COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasso City Manager BY: Joanne Carr, AIC Community Development Director DATE: August 15, 2019 SUBJECT: Request for Modification of Sign Variance Aventura Turnberry Jewish Center Entrance Canopy Directional Sign at 20400 NE 30 Avenue, City of Aventura (03-SV-11 Modification) September 10, 2019 City Commission Meeting Agenda Item (o,R RECOMMENDATION The applicant's request to modify the sign variance approved in September of 2011 is presented for City Commission consideration and approval. The modification is to permit a 28 square foot directional sign on the south elevation of the entrance canopy of Aventura Turnberry Jewish Center. If approved, the following conditions are recommended: a. That the sign substantially complies with the plan submitted with and attached to this application. b. That the applicant agrees that it will not erect any further signs on the exterior of the Aventura Turnberry Jewish Center property, including, but not limited to, any further wall signs, directional signs or monument signs. c. That, prior to issuance of a building permit for the sign subject of this approval, the applicant will record this resolution on title and provide the City with a copy of the recorded document. THE REQUEST The applicant is requesting modification of the variance granted by Resolution No. 2011-55 to permit a 28 square foot directional sign on the south elevation of the entrance canopy to the temple, where no further exterior signs were to be erected as a condition of approval of Resolution No. 2011-55 and where directional signs measuring 4 square feet are permitted by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Turnberry Jewish Center Beth Jacob Inc. APPLICANT Billy Joel LOCATION OF PROPERTY 20400 NE 30 Avenue (See Exhibit#2 for Location Map) LEGAL DESCRIPTION Tract B, Aventura Turnberry Jewish Center Replat, according to the plat thereof recorded in Plat Book 147, Page 63, in the Public Records of Miami-Dade County, Florida, City of Aventura ZONING Subject property: CF, Community Facilities District Property to the North: TC3, Town Center Neighborhood District Property to the South: B2, Community Business District Property to the East: RMF3,Multifamily Medium Density Residential District Property to the West: B2, Community Business District EXISTING LAND USE Subject property: House of Worship Property to the North: Mixed Use Development Property to the South: Bank and Offices Property to the East: Residential Condominium Property to the West: Retail Plaza 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: Town Center Property to the South: Business and Office Property to the East: Medium-High Density Residential Property to the West: Business and Office 2 The Site - The subject site lies on the west side of NE 30 Avenue between NE 203 Street and NE 207 Street and contains the Aventura Turnberry Jewish Center complex. The Project — The applicant is proposing to erect a directional sign on the south elevation of its entrance canopy on NE 30 Avenue. The sign measures 2 feet high and 14 feet long, for a total of 28 square feet, where directional signs measuring a maximum of 4 square feet are permitted by City Code. The sign drawing, showing the location of the requested sign, is attached as Exhibit#3. History - In September of 2011, through Resolution No. 2011-55, the City Commission approved a sign variance to permit a 28 square foot directional sign on the north elevation of the entrance canopy at the Aventura Turnberry Jewish Center. The sign was approved with the condition that no further exterior signs would be permitted on the center and that the resolution be recorded on title to the property. The recorded resolution is attached as Exhibit #4 to this staff report. A sign variance is required to allow a directional sign that is larger than permitted to Code. Modification of Resolution No. 2011-55 is required to allow another exterior directional sign on the south elevation of the entrance canopy. Citizen Comments — As of the date of writing of this report, the Community Development Department has not received any written or verbal citizen comments. ANALYSIS Section 31-191(g)(7) of the City Code regulates directional signs in non- residential zoning districts. Directional signs measuring a maximum of 3 feet high and 4 square feet in area are permitted. The applicant requests approval to erect a directional sign on the south elevation of its entrance canopy measuring 2 feet high and 14 feet long, for a total area of 28 square feet. The criteria for approval of sign variances are set out in Section 31-191(j)(8) of the City of Aventura Land Development Regulations, as follows: "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 sign is proposed to direct members of the congregation and visitors to the synagogue entrance. 3 1/4 • mo,.. AVENTURA TURNBEtRY JEWISH CENTER 11 1111 I 20400 NE 30"'ANUE AVENURA,FL 33180 (305)9I7 188o www.atjc.org I FAX:(305)792-6072 - A Synagogue Community committed to Jewish learning(Limmud t1s'S),practice(Mitrvot 01155),values(Middot mTn), peoplehood(Am Yisrael Strnv"❑F)and the State of Israel(Medinat Yisrael Brum'nPTn). William W.Landa FOUNDING CHAIRMAN Jonathan Berkun RABBI Guido Cohen RABBI July 3, 2019 Rose Rubin PRESIDENT Alix Wolf VICE PRESIDENT EDUCATION&YOUTH Roni Fertig Mr. Ronald Wasson VICE PRESIDENT MEMBERSHIP ENGAGEMENT City Manager of Aventura Steve Kessler 19200 NW Country Club Drive VICE PRESIDENT FACILITIES Richard Kronrad Aventura, FL 33180 VICE PRESIDENT DEVELOPMENT Matthew Adler Dear Mr. Wasson, TREASURER Sara Schermer SECRETARY Please be advised that Mr. Billy Joel has been granted permission to place a EXECUTIVE COMMITTEE Joseph Braun sign on the south side of the portico located at Aventura Turnberry Jewish Noah Breakst°ne Elliot Dornbusch Center. Mr.Joel will process and be responsible for all appropriate and Bob Kopf required paperwork with the city in order to accomplish the installation. Fernando Levy-Hara Oscar Wasserman I respectfully request that Aventura Turnberry Jewish Center be given the BOARD OF DIRECTORS authority in writing to have the signage erected. Please send it to my Ronald Bakalarz Neil M.Bernstein* attention. Audrey Bornstein Eme Chaikin Wendy Ellison Lauren Geduld Thank you for your cooperation in this matter. Jerome Hollo Michael Landa Alan Lips Adam Lubkin Roni Mauer Respec lly, Jeffrey Oshinsky Esther Peart Marcy Resnik Dr.Beny Rub Rick Schermer Gail Sonnenschein - - Craig Storch • Mark Flaxer Stacy Studnik Jodi Tartell Executive Director Amy Wildstein *Immediate Past President Mark Flaxer EXECUTIVE DIRECTOR Dr.Amir Baron EXECL T'VE VICE PRESIDENT EMERITUS PROUD MEMBER OF Exhibit #1 *USCJ Letter of Intent *safe BOARD OF TRUSTEES Richard&Margo*Absher,Dr.Gil&Tammy Aronson,Edward&Tania Bakalarz,Ronald&Minna Bakalarz,Dr.Charles&Sara Bedzow,Rhoda&Wendy Bernstein,Kenneth Bernstein, Clement&April Beyda,Florence Cohn,Celia Cynamon,Ari&Ann Deshe,Mala Dorfman,Dr.Malcolm Dorman,Joseph&Beverlee Edell,Susie Edelsburg,Victor&Judith Farkas;Dr.Allan*& Esther Feingold,Tanya Fried,Mark*&Ana Maria Gordon,Charles&Joyce Haime,Mel&Francine Harris,Laurence*&Becky Herrup,Hon.Billy&Sandra Joel, Joseph&Dr.Sara Kavana,Eugene&Lois Kessler,Henry&Gisella Kinast,Dan&Sheila Kleiman,Richard&Amelia Kronrad,William&Carole Landa,Michael&Amy Landa,Hal&Rita Leeds, Shirlee Levin,William Marsa,Dr.Barry&Marcy*Resnik,Rose Rosenbluth,Eva Rubach,Rose Rubin,Carl&Svetlana Ruderman,Scott Scharg,Neil Bernstein&Dr.Julie Schwartzbard, Dr.Barry*&Judith Silverman,Richard&Michelle Simon,Donald Soffer,Carol Soffer,Senator Paul&Sandra Steinberg,Andrew&Dr.Silvia Stern,Susan Strauss,Stacy Studnik, Dr.Paul&Jodi Tarte'',Irwin&Laura Tauber,Leon&Leesa Wagner,Oscar&Elaine Wasserman,Jorge&Alix Wolf,Haim&Aviva Yehezkel (*PAST PRESIDENT) BROWARD COUNTY 1 L ...ate.....—.r■■{♦Tr 'ri VT T '- ■ ■_LT: �,-�! i i DADE COUNTY :' Gulfstream ■41'ti1rt.�Y's.L'VI'rw51T� ■ ParYACHT CLUB DR. ;rn "MARINA • COVE ■ Aiennnu j1 HARBOR CIRCLE • ���111 .r Hospital .�� , WAY , ■ �■ &.Medical w i uj �Wp,Y ■ i Center I C Ili ■ a v ■ M • In U r r cg 1 } Waterways ■ ■ m ,_._l WATERWAYS BLVD) Shoppesy 207 ST. ■ .a — w ■ I-1-1 ;a — Q ¢ COUNTRY CLUB DR. • .■ The N.205 ST. M ■ '■ Promenade - ■ is Shops o O ■ I .1 IVES DAIRY RD. •■ 203 ST. CT.4I.j ■ .■ L �rn• ; I •�T9 ■ .■ ■ p .a c`,, 0_ T • > 201 TER. a Subject Site _ CO .• �" ''urnberry Isle ■ ■ vp. m Resort&Club Q ;• AVENTURA 0� J •• 0 0 0 P• '• Fire y1(7) O • 0 :• Rescue Averuuro N.Y.• ;• Station Library Z UY .s • i• 0 .N.. a • Aventura Mall r to . a • O YACHT 2 • City of Aventura r U LOB iJ • • ■ Government Center LEHMA *VP? a .■ 192 ST. m N- WILLIAM a 192 ST. } '■ O� • 1 = ;; 191ST. \ �� <2 • wMYSTIC ;; _. • x L oehmann's ) 190 Sa .• Fashion ui —3 • a i 3 Island C a r rn 188 ST. • m • N • Z MIAMI .•• 187 ST. 33180 • w GARDENS DR. .• I O(..) 4 7----1.---T —3-3-6-07 :• • lip a 183 ST. Dun foundling • Bay • Atlantic :� a Ocean • :a Little 11011 Z Williamsy :• Biscayne Maude m - . Sound a :• arbour 180 ST. w N Lake • � Point 0 itS' a • East a . • hopp• g 2• r 'law P• T OP d .• ;♦ • Z • x ' •rn •• .r LEGEND 0 * : Maine •• , j Lake •• ■ •, r...4. • ■ r Roadways • r•♦ •1 — City Boundary ■ r• --•— ZIP Code Boundary • ••• t Railroad • r • .• � t / —1 7 I I Exhibit #2 Location Map ii W C7 Le + d Q o tL i E o d H �� d m W 0 ° d CO LLV , 111 1 A o vs R w Q a co > 2 a � bi 0 Cal U J C H Z - 'a N 45 a Z o 0 6. 3 � O E J • O L W a- R ZCO r u a CO ea 0 ea = Q d Zli Z y w ss w -O fC N f6 •3 >Z.n 3 gwZ of c as w Cl) O I.. i5 in a0 N¢ ,,,cp - Q - w,_GO m I QNJO� � ZZw 5 �� w 5OQ OX O^Od.x I.8I2L , : ?222Mc,4 g c o vii z C y ..s, a C o N W � E M-� n. d CO Q a L++ Z It 111 H I CZ ' 1 JD CO. _ r . Cl) w J N y ..L d V J r N 61 C7 I:* .1 e"C 'G7 Cf 1 d L d W o q, m r. co Ho t •7 Vf d d w o tir.44 ' vc d IN. 0 V CO h ua d C".1 H 0 Z ' = m Z Y. J OC C CCD 'tp_y a C3 d C cn d o u ti .y d r o W N dNam - o 44 uv rF= e CTIggt y p 3 = o=mx p V N N W �\ 7 O LLJ y�e'S a Ly LL Z'L t 7 . -, • a .. G1 ap w s=e==e= j W th V cn�,H Z¢W¢ G3 ‘,\ � sK / i •�a � _ ,1 N � \ aura¢ 4003 Q +O • igZ3 1110.1111Mlin CFN 2012F 0183648 OR Bk 28033 Pss 3820 - 3823; (4P9s) RECORDED 03/14/2012 09:16:32 HARVEY RUVIN, CLERK OF COURT RESOLUTION NO. 2011-55 MIAMI-DADE COUNTY? FLORIDA A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR AVENTURA TURNBERRY JEWISH CENTER AT 20400 NE 30 AVENUE, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned CF, Community Facilities District; and WHEREAS, the Applicant, Aventura Tumberry Jewish Center, Inc., through Application No. 03-SV-11, has requested a sign variance to permit a directional sign on the north elevation of the entrance canopy measuring 28 square feet, where directional signs measuring 4 square feet are permitted by 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 meets the criteria of the applicable codes and ordinances to the extent the application is approved herein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03-SV-11 for Sign Variance to allow a directional sign measuring 28 square feet on the north elevation of the entrance canopy of Aventura Tumberry Exhibit #4 -Resolution Resolution No. 2011-55 Page 2 Jewish Center at 20400 NE 30 Avenue, City of Aventura, on property legally described in Exhibit"A"to this resolution, is hereby approved, with the following conditions: a. That the sign substantially complies with the plan submitted with the application, prepared by Modem Display Signs, dated 8/01/11. b. That the applicant agrees that it will not erect any further signs on the exterior of the Aventura Tumberry Jewish Center property, including, but not limited to, any further wall signs, directional signs, or monument signs. c. That, prior to issuance of a building permit for the sign subject of this approval, the applicant will record this resolution on title and provide the City with a copy of the recorded document. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Auerbach, who moved its adoption. The motion was seconded by Commissioner Stem, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel absent from the room Commissioner Michael Stem yes Commissioner Luz Urbfez Weinberg yes Vice Mayor Zev Auerbach yes Mayor Susan Gottlieb yes Resolution No. 2011- 55 Page 3 PASSED AND ADOPTED this 6'"day of September, 2011. n Gottlieb, ayor ATTEST: M. • • s. , C, City Clerk APPROVED AS TO LEGAL SUFFICI Y: irk LI*) CITY ATTORNEY Thi- Resolution ,- = i led in the Office of the City Clerk this 7th day of September, 2011. 41 CLERK STATE CF FLORIDA COUNTY OF MIAMI-DADE I,TERESA ML SOROKA,MSC,CIW CMAs of IN Clq dAmass,FMddo,do Wolf oeAly"t". above end tomgoIng Is a Suomi come copy of the • Ili Mond onIle Mthis cffoe. - eery INN of Z At co- 44._.A Ell Clerkotl.eCNy 1 • OR BK 28033 PG 3823 Lr-T PAGE Resolution No. 2011- 6 Page 3 EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY Tract B, Aventura Tumberry Jewish Center Replat, according to the plat thereof recorded in Plat Book 147, Page 63, of the public records of Miami-Dade County, Florida, City of Aventura, less right of way per Parcel 118 State Road Department right of way map. 4;1 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31.71(b)(2)(i)of the City of Aventura Land Development Code,the Applicant Representative Affidavit is hereby made and submitted. The undersigned aufMnzed representative at the individual or entity applying for the Development Permit,which is identified in the ama1panymg application,and the owner d the property subject to tie application it different)hereby lists and identifies all persons representing Ile individual or entity applying for the Development Permit in connection w' i the afpcalian,as follows. Name Relationship (i.e Attorneys,AmhHenla Landscape Architects.Engineers.Loabyists.Etc.) k'KeOSUt�?A \ 5t&. ccasacr , r (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE IDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AM)THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT RJRSUANT TO SEC.31-11(B)(2)( )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 INC0MPLETE. WITNESS MY HAND THIS-j2_DAY OF_(iL ,2013. ALITHORIZEpTE TI FAPPLICANT' OWNER B : B _ Y Y: BILL-1/Sgrunre (Sgnayue) Name'. Ci . I LL`s Name'_ (Print) (FYinU Tile: PPS-fit-MAP—Stine P&?ue,ar_ST Address:_ Address: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared ire as the authorized rear= ire of the Applicant and/or the owner of the property subject to the application, Wm being frst by me tl ` did •, of at he/she executed this Affidavit for the purposes stated therein and that Ila true and correct ill rr^mer �2f�2L • Ft L� I .T,.. TTo SWORN TO AND SUBSCRIBED BEFORE ME this qday of LAW ' ,2114p_ : -� Cprpgtas ion GB N° SMA wdkdw Com'&Pan Nov If.2020 Notary Fu• -. . wL'.::'. i' Notary Assn, Panted Name of Notary 'on, tat. • My�ycco commission expires': /1 Al Enz.) / 71 BUSINESS RELATIONSHIP AFFIDAVIT' TNs ARdar is mace moan'M Sadan 3I.7I(b)(2)(ii)d the d y d Mmlllre IN Development Cade The undersigned Albin hereby chases that: (mak With hi unlade pons only) IA I. Arian Ems Og)have a Elisions R.Wivelp OM any member of the Cay Commission or any Cay Marry Bond n elvish Meapplication ail be mewled. 1 12 Arian hereby distaste NMB Ess hon a Business Relationship as a mamba d the Cily Cammsson a a Ca Advisory Bond to which theapplicats ori beaseNad as MOM: 11.41 none d Commissioner a Advisory Bond Menai) ales aria on the (List Cay Commission or Chy Advisory Bond upon*Nth mamba sever). The nature of the Business R.MlormeSs is es lame'. 11 i. Member d City Cannan a Bond holds n warship interest in excess al 1%d MIS assets at aped MMA dMplicau or Representative 11 ii. Member d Ctly Camara a BSN is a pane,msh.eha*er(es IC shwa d a IMprlion alsth aro n t lad on any nasal a regml see exchange)at pint venturer ori*W Aaskerll Reapuuatise IR SAY Nems,venture; Ilii. The Appeanla Repsematis s a Cfent da member cl Coy Cornasm a Bond a a Chad d another probssml wag km Me are We a be M an employe a W member of the City Damian or Boal: 1 is. A Cay Commissioner a Bard member is a Clan al the Natant a Regseetave. 11v. The Applanl or RMNlte is a Customer al to mentor&the Cay Commission a Baal(or c his a her 'akar)and transact more M$10100.00 of the danss at the neater&the City Ca rr:Wm or Bond la hs a her elnplsyer)m a Shen calendar yeas 11 vi. The member&W Cay Commission a Bead is a Doane/S W eopasl a RepesMelw and ares* more then$25,000.W d me besisala ibis*UM a Rpresm*E$M a given calendar yea WITNESS HAND TMSA la DAY OF -/Varat)s( 200 APPLIUN(; 55 yyy///V//NNVVVV��I�' B / Rye e Nam. ;sLL .__ (Ra& Tse ----(Pres) WITNESS MY WW THIS DAY OF Ap_ PROPERTY OWNER: By: _(Sgrwore) Nene:_ — Pia/ IncTitle (POO kms 'Business RWtiorsship' Meg' %Yawner.' 4r4otc&N.' Rgresera&ive at M'emed Person'we defined in Section RriSth MAvervaa Cuy Cada. WITNESS MY HAND THIS_ky_DAY OF . .cavl_j-,XJBH REPRESENTATIVE:(Listed an Business Relationship Wad) BY. (S91ae✓e)*. SIC+") By.... (S9rwre 11f hit. Name.VitIde GrO(111-]AvIPONO 1 Name:.._. (krill Title 5 On, t 4ia m ?Fl/Print) Tik: Roof) S✓ey Br _(S9mim) By... (Sysaum Name: (PPM) Name: (Print) Title: _Maas) Tee: lata) By . .. (S9nak,e) BY. (Syaaufe Na _PM() Name: (!fist) Tia. _(Fat) FM: Pant/ By. _(S9NN"d BY: _ _ (S rwure Tie: —(p/tnt) Tie: (Mia) Title. (Fat) Tie: /AN By:.. (Srymue) BY: . airman Tie. _ (Mia) Tele:_. . (AMU Me: (Print) Tele (airy By (S9rbfWe) By: . Orloff Title: Mani) Tile: (Mina Tile: (Fiat) The, (Fat) NOTE: 1) Use duplicate sheets if disclosure iJamMion for Representative ores 2)Applicants and Affiants are advised to timely supplement this Affidavh pursuant to Sec..11.7)(b)(2)00 of the City's Land Development Reputations in the City Code,in the event that prior to consideration of the application by the City Board or Commission,the information provided in die Affidavit becomes incorrect or incomplete. seeeemeememte STATE OF FLORIDA ) NOTARIZATION PROVISION COUNTY OF MMMIOADE) n^'� Beb.t, tFwdwpxebev4y.pweeyeElnd NAKt yy11.3-%SQMB.rM1 m term MMP NMdIy urn dM ear M eIIn ma MYNe WenAed Nb AMeel b Ne wean BYM bolt end NYf is le end meet MEANT SUBSCRIBEDM NN SWORN TO AND SUBSCRIBED babe me al.. 1_- ,3D�.e�� LNeeon A MabElsmbaal Flmda Nlf�hYeff Mlerq Non/ ley ComNwmFF B%Mt _ _(,%fL l- E.�Rti•�aJ C." 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SWOON MEND SUBSCRIBED bra me m'e_ _dqN _ _. .100_ Wry Rep SYS M RAS At the Printed Nmd Eery My wMmpl ware_ ._ RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING MODIFICATION OF THE SIGN VARIANCE APPROVED THROUGH RESOLUTION NO. 2011-55 FOR A DIRECTIONAL SIGN AT AVENTURA TURNBERRY JEWISH CENTER, 20400 NE 30 AVENUE, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned CF, Community Facilities District; and WHEREAS, the Applicant, Billy Joel, as authorized by the owner, Aventura Turnberry Jewish Center, Inc., through Application No. 03-SV-11 (Modification), has requested modification to the sign variance granted through Resolution No. 2011-55 to permit a 28 square foot directional sign to be located on the south elevation of the . entrance canopy, where no further exterior signs were allowed as a condition of Resolution No. 2011-55 and where directional signs measuring 4 square feet are permitted by 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 meets the criteria of the applicable codes and ordinances to the extent the application is approved herein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03-SV-11(Modification) for Sign Variance to allow a 28 square foot directional sign on the south elevation of the entrance canopy of Aventura Turnberry Jewish Center at 20400 NE 30 Avenue, City of Aventura, on property legally described in Exhibit "A" to this resolution, is hereby approved, with the following conditions: a. The sign substantially complies with the plan submitted with and attached to the application for sign variance modification. City of Aventura Resolution No. 2019- b. The applicant agrees that it will not erect any further signs on the exterior of the Aventura Turnberry Jewish Center property, including, but not limited to, any further wall signs, directional signs, or monument signs. c. Prior to issuance of a building permit for the sign subject of this approval, the applicant will record this resolution on title and provide the City with a copy of the recorded document. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. 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. 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 Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 10th day of September, 2019. Page 2 of 4 City of Aventura Resolution No. 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 September, 2019 CITY CLERK Page 3 of 4 City of Aventura Resolution No. 2019-_ EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Tract B, Aventura Turnberry Jewish Center Replat, according to the plat thereof recorded in Plat Book 147, Page 63, of the public records of Miami-Dade County, Florida, City of Aventura, less right of way per Parcel 118 State Road Department right of way map. Page 4 of 4