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06-14-2022 Regular Commission Meeting Agenda City Manager City Coinrnission Ronald J.Wasson ]Enid Weisman,Mayor "�— Denise Landman,Vice Mayor City Clerk Rachel S.Friedland,Commissioner 1:: ]Ellllisa L.Horvath,MMC Billy Joel,Commissioner i Dr.Linda Marks,Commissioner City Attorney Marc Narotsky,Commissioner � �� �_ Weiss Scrota Hellman Robert Shelley,Commissioner e �� Cole&]Bierman CITY COMMISSION REGULAR MEETING AGENDA JUNE 149 2022 Following 6 p.m. Local Planning Agency Meeting Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Legislative Update — Representative Joseph Geller • Employee Service Awards • Aventura City of Excellence School Update • Don Soffer Aventura High School Update 5. CO N S E N T AG E N D A: 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: • May 12, 2022 City Commission Regular Meeting • May 17, 2022 City Commission Special Workshop • May 19, 2022 City Commission Regular Workshop B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RECOGNIZING JUNE 19n AS AN OBSERVED HOLIDAY IN THE CITY OF AVENTURA; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Regular Meeting Agenda June 14, 2022 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RESCINDING RESOLUTION NO. 2020-52 AND DISCONTINUING THE ANNUAL CAR PARADE FOR CITY RESIDENTS IN CONNECTION WITH THEIR HIGH SCHOOL GRADUATIONS;AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, ALLOWING CITY POLICE OFFICERS TO PURCHASE CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT WITH THE CITY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ORDINANCES - FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT BUILDINGS IN THE RMF4 ZONING DISTRICT TO CAST SHADOWS ON PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS UPON CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-27 `BUY-BACK FOR MILITARY SERVICE, PRIOR LAW ENFORCEMENT OR CORRECTIONAL OFFICER SERVICE" TO PERMIT BUY-BACK OF SERVICE CREDITS FOR PRIOR MILITARY SERVICE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon the item,please inform the Mayor when she requests public comments. An opportunity for persons to speak on the item will be made available after the applicant and staff have made their presentations on the 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. ORDINANCES—FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET, FROM BUSINESS AND OFFICE TO HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM B2, COMMUNITY BUSINESS DISTRICT, TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL, FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Regular Meeting Agenda June 14, 2022 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: A. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2022/2023 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. B. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2022/2023 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION;PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive,Aventura). COMMISSION REGULAR WORKSHOP—JUNE 23, 2022 AT 9 AM COMMISSION REGULAR MEETING—JULY 12,2022 AT 6 PM COMMISSION MEETING/REGULAR WORKSHOP—JULY 21,2022 AT 9 AM 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 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in 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 are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: June 10, 2022 SUBJECT: Approval of Minutes June 14, 2022 City Commission Meeting Agenda Item 5A RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in May. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • May 12, 2022 City Commission Regular Meeting • May 17, 2022 City Commission Special Workshop • May 19, 2022 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments gyp. AVENTURA CITY COMMISSION REGULAR MEETING MINUTES MAY 12, 2022 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weisman at 6.01 p.m. The roll was called and the following were present: Mayor Enid Weisman, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Ethan Bazak. 3. ELECTION OF VICE MAYOR: Mayor Weisman reported that based on the rotation schedule, Denise Landman (Seat 2) is the next Commissioner that should serve as Vice Mayor. A motion for the election of Denise Landman to serve as the next Vice Mayor was offered by Commissioner Shelley and seconded by Commissioner Friedland. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion passed unanimously, by roll call vote. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • Legislative Update - Senator Jason Pizzo: Senator Pizzo provided highlights from the recent legislative session in Tallahassee, introduced staff members in attendance, and responded to questions from the Commission and members of the public. • Aventura Women of Distinction: Mayor Weisman, accompanied by the City Commission, presented the Aventura Women of Distinction awards to the following- Miami-Dade County Commissioner Sally A. Heyman, Elain Adler, Jackie Soffer, Stella Aventura City Commission Regular Meeting Minutes May 12,2022 Sonnenschein, Cindy Orlinsky, Marge Rosenblatt, Aletha Hardge Player, Stacy D. Roskin MD, Sandra Kaplan, and Judge Myriam Lehr. • Certificates of Appointment: Mayor Weisman, accompanied by the City Commission, presented Certificates of Appointment to members of the Arts & Cultural Center Advisory Board and members of the Community Services Advisory Board in attendance. • Aventura City of Excellence School Update: No report was provided. • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, accompanied by students Mia Biton and Daniel Zikri, provided brief reports on DSAHS. • Youth Advisory Board Presentation for Aventura Strong Project: Board Chair Carolina Wesley and members of the Youth Advisory Board presented the Aventura Strong Project, highlighting the distribution of strength stones following a Health Walk on May 22, 2022. 6. CONSENT AGENDA: There were no requests from the public to address the City Commission. Mr. Wasson removed Item F. A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Friedland, seconded by Vice Mayor Landman, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • April 5, 2022 City Commission Regular Meeting • April 27, 2022 City Commission Special Meeting • April 27, 2022 City Commission Regular Workshop B. Resolution No. 2022-34 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2022-35 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO- YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Minutes May 12,2022 D. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $20,000.00 FOR CRIME PREVENTION PROGRAMS, EQUIPMENT AND TRAINING,AS WELL AS THE POLICE EXPLORER PROGRAM,FROM THE POLICE STATE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2022-36 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. G. Resolution No. 2022-38 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE MIAMI-DADE COUNTY TAX COLLECTOR TO COLLECT THE NON-AD VALOREM ASSESSMENT FOR STORM WATER; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. ITEM F: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE FOURTH AMENDMENT TO AGREEMENTS (THE "AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS,INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Shelley and seconded by Commissioner Joel. Mr. Wasson clarified that the language on page 3 of the contract should be Thirty-Five Thousand Dollars ($35,000) and a total of Seventy Thousand Dollars ($70,000). The scriveners error will be corrected in the final contract. 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. 2022-37 was adopted. 7. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: None. Page 3 of 4 Aventura City Commission Regular Meeting Minutes May 12,2022 8. ORDINANCES - FIRST READING/PUBLIC HEARINGS: None. 9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 10. RESOLUTION/PUBLIC INPUT: None. 11. REPORTS: The upcoming meeting calendar was clarified. 12. PUBLIC COMMENTS: The following members of the public provided comments: Ellen Elias (21224 Harbor Way, Aventura), Larisa Dudnik (3300 NE 191 Street #1814, Aventura), Xiu Wang (3115 NE 184 Street#4301, Aventura), Leila Moayerian (19501 W. Country Club Drive, Aventura), Jade Stein (Aventura), Jackie Cabral (18470 NE 30tn Place,Aventura), Alicia Bonvicini (3029 NE 188 Street#706, Aventura), Anthony Tedesco (19101 Mystic Pointe Drive #2903, Aventura), Tova Itzhak (18021 Biscayne Blvd. #1104, Aventura), Michelle Tedesco (19101 Mystic Pointe Drive #2903, Aventura), Manya Borman (4000 Island Blvd. #1001, Aventura). 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Landman, seconded by Commissioner Dr. Marks, and unanimously approved; thus, adjourning the meeting at 7:43 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 14, 2022. Page 4 of 4 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION SPECIAL WORKSHOP MINUTES MAY 17, 2022 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 9:00 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Denise Landman', Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Also present were ACES Principal Dr. Anthony Tyrkala and Rachel Windier- Freitag - South Florida Deputy Director Charter Schools USA. As a quorum was determined to be present, the meeting commenced. 2. Review: Aventura City Commission, Acting in its Capacity as the Governing Board for the Aventura City of Excellence School (ACES), - Review of Charter School Operating and Capital Budget for the Aventura City of Excellence School for Fiscal Year 2022/2023 (July 1 — June 30) (City Manager): Mr. Wasson reviewed the budget for the 2022/2023 school year, totaling $11,656,029 with a 10.4% increase over the prior year due to items as outlined in the budget document. The Commission discussed the following items with responses provided by Mr. Wasson, Principal Dr. Tyrkala, and Ms. Wind ler-Freitag: ESSER funds, exceptional student program, bus service to a wider range, additional classrooms, rooms available at the Beth Torah building, operating expenditures including training/supplies/textbooks, field trips, administrators, insurance, and computer equipment. Mr. Wasson will look into training for the Governing Board focused on school finance and budgets. The Commission expressed their commitment to ensure that the school is set up to succeed. As directed by Mayor Weisman, a proclamation will be prepared in recognition of the retirement of the ACES Front Desk Receptionist, Lynette Mayers. ' Participated via virtual communications media technology. Aventura City Commission Special Workshop Minutes—May 17, 2022 City Manager Summary: It was the consensus of the City Commission to proceed with the budget as presented and discussed. 3. Review: Aventura City Commission, Acting in its Capacity as the Governing Board for the Don Soffer Aventura High School (DSAHS), - Review of the Don Soffer Aventura High School Budget Fund 191 For Fiscal Year 2022/2023 (July 1 — June 30) (City Manager): Mr. Wasson reviewed the budget for the 2022/2023 school year, totaling $8,133,511, with no City subsidy budgeted other than proceeds from the red light camera revenue, as outlined in the budget document. The Commission discussed the following items with responses provided by Mr. Wasson and Ms. Windier-Freitag: salary increases for teachers (2.5%) to match ACES, contract with Charter Schools USA and performance bonus tied to the City not making a contribution to the school, and due diligence to confirm student addresses for both schools. Mr. Meyers will review how the word contribution is defined in the contract to determine if the red light camera proceeds meet that criteria. Aventura resident Cindy Orlinsky was thanked for the recent Britto unveiling event at the school. City Manager Summary: It was the consensus of the City Commission to proceed with the budget as presented and discussed. 4. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 10:07 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 14, 2022. Page 2 of 2 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES MAY 19, 2022 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 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, Commissioner Rachel S. Friedland', Commissioner Billy Joel, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Vice Mayor Denise Landman was absent. As a quorum was determined to be present, the meeting commenced. 2. Discussion: Memorandum of Understanding Between the City of Aventura and the Dade County Police Benevolent Association (City Manager): Mr. Wasson explained the proposed MOU allowing officers to buy back prior military service to count towards pension credit for the City, at no cost to the City. The Commission discussed the item and possibly paying for actuarial calculations one time and also changing "he" to "they" wherever used in the document. Police Chief Michael Bentolila, Assistant City Manager/Former Police Chief Bryan Pegues, and Mr. Meyers provided comments. City Manager Summary: It was the consensus of the City Commission to proceed with the placement of a Resolution on the June 14, 2022 Commission Meeting Agenda for the item as presented, changing only the word "he" to "they" in the MOU document Section 36-27(b)(3). 3. Discussion: Amendment to Section 36-27 of the Police Pension Plan and Trust Fund "Buy-Back for Military Service, Prior Law Enforcement or Correctional Officer Service" (City Manager): Mr. Wasson explained that an amendment to the Code would enact the changes as outlined in the Memorandum of Understanding, as discussed in the prior item and detailed in the agenda via the proposed Ordinance. City Manager Summary: It was the consensus of the City Commission to proceed with the placement of the Ordinance on the June 14, 2022 Commission Meeting Agenda for the item as presented, changing only the word "he" to "they" in Section 36-27(b)(3). ' Participated via virtual communications media technology. Aventura City Commission Regular Workshop Minutes—May 19,2022 Consensus was provided to recess the City Commission Workshop at 9:18 a.m. until the conclusion of the School Governing Board Meetings, in order to accommodate the schedules of the Principals. The City Commission Workshop was reconvened at 10:17 a.m. The meeting was called to order by Mayor Weisman. The following were present: Mayor Enid Weisman, Commissioner Rachel S. Friedland2, Commissioner Billy Joel, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Vice Mayor Denise Landman was absent. As a quorum was determined to be present, the meeting commenced. 4. Discussion: Floor Area Ratio(FAR)Zoning Requirements (City Manager): Mr. Wasson provided introductory remarks for the item. Keven Klopp, Community Development Director, reviewed information on the Floor Area Ratio requirements, as outlined in the agenda. The Commission discussed the item including the upcoming Brightline, the County's desire to increase the City's density to sustain the train, and the need to review certain sections of the City's building code. Mr. Wasson and Mr. Klopp discussed the transit zone, the metropolitan urban center, and the County's proposed ordinance. Mr. Meyers and Mr. Klopp will provide an analysis on what the City and Miami-Dade County would have control of. Police Chief Michael Bentolila provided comments. Former Commissioner Howard Weinberg provided comments. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to schedule a workshop, provide the date of the County meeting, get the City's lobbyist involved, and provide the County's proposed ordinance. Additionally, a comparative analysis will be provided to the City Commission. 5. Discussion: Designation of Voting Delegate for the Florida League of Cities Annual Conference (City Manager): Mr.Wasson explained the request from the League to provide the name of a voting delegate to represent the City at the Business Session at the Annual Conference in August 2022. Mayor Weisman offered to serve as the voting delegate and Commissioner Friedland offered to serve as the alternate. 2 Participated via virtual communications media technology. Page 2 of 4 Aventura City Commission Regular Workshop Minutes—May 19,2022 City Manager Summary: It was the consensus of the City Commission to select Mayor Weisman as the voting delegate and Commissioner Friedland as the alternate. The following additional items were discussed: City Advisory Board: Mr. Wasson reported on the current Youth Advisory Board application process and suggested that the name be changed to allow a child of a Commissioner to serve. The Commission discussed the different options as provided by Mr. Meyers. City Manager Summary: It was the consensus of the City Commission to amend the Ordinances for all City Advisory Boards to provide language for them to report to the City Manager, in lieu of the City Commission. An Ordinance will be placed for first reading on the June 14, 2022 City Commission Meeting Agenda and for second reading on the July 12, 2022 City Commission Meeting Agenda. Communications: Mr. Wasson introduced the new Communications Manager, Joanna Johnson, who then provided comments. Evan Ross, City Consultant - Public Communicators Group LLC, explained his role in creating content for social media. Mr. Wasson responded to questions regarding the department and consultant. The Commission suggested that the property managers throughout the City be invited for a lunch meeting to review the communications plan. Police Chief Michael Bentolila provided comments. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to provide the structure of the Communications Department, as well as job descriptions for employees and consultants, within a week. Founders Park South: Mr. Wasson distributed and review plans for the Founders Park South Facility, including areas for tennis, pickleball, and planters. FreeBee: Mr. Wasson distributed and reviewed the Zone Summary for FreeBee, showing the number of passengers/rides and wait times. He reported that ride requests around 2 p.m. were being analyzed. The Commission discussed minors using the services. Mr. Meyers provided comments on the Commission's ability to restrict the age of riders. Mr. Ross provided comments. Former Commissioner Howard Weinberg provided comments. Page 3 of 4 Aventura City Commission Regular Workshop Minutes—May 19,2022 City Manager Summary: It was the consensus of the City Commission to limit the age for passengers to 18 and up. 6. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:55 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on June 14, 2022. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager —� BY: Robert Meyers, Office of the City Attorney DATE: June 10, 2022 SUBJECT: Resolution Recognizing "Juneteenth" as an Observed Holiday June 14, 2022 City Commission Meeting Agenda Item 5B RECOMMENDATION It is recommended that the City Commission approve a resolution commemorating freedom for all slaves in the United States by recognizing June 19t" ("Juneteenth") as a City observed holiday, commencing in 2022. BACKGROUND On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation. The American Civil War ended on April 9, 1965, but news of the end of slavery did not reach the frontier areas of the United States, including Texas, until months after the War. Finally, on June 19, 1865, Major General Gordon Granger arrived in Galveston, Texas, and announced General Order No. 3 proclaiming freedom for the slaves in Texas. For more than 150 years, Juneteenth has been the oldest and only African American holiday observed in the United States, recognizing the day all slaves were freed. On June 17, 2021, President Joe Biden signed a bill making Juneteenth the eleventh federal Holiday. The State of Florida, including most of its municipalities, has joined in recognizing and observing the historic end of slavery in the United States every year by observing Juneteenth as a holiday. FISCAL IMPACT Recognizing Juneteenth as a City observed holiday will have no direct fiscal impact on the City. The passage of this Resolution will result in the closure of the Government Center each year and will provide employees with holiday leave to commemorate this date. CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RECOGNIZING JUNE 19T" AS AN OBSERVED HOLIDAY IN THE CITY OF AVENTURA; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation declaring "that all persons held as slaves" within the rebellious states "are, and henceforward shall be free"; and WHEREAS, the American Civil War ("War") ended on April 9, 1965; and WHEREAS, news of the end of slavery did not reach the frontier areas of the United States, including Texas, until months after the War; and WHEREAS, on June 19, 1865, Major General Gordon Granger arrived in Galveston, Texas, and announced General Order No. 3 proclaiming freedom for the slaves in Texas; and WHEREAS, for more than 150 years, June 19t" ("Juneteenth") has been the oldest and only African American holiday observed in the United States, recognizing the day all slaves were freed; and WHEREAS, on June 17, 2021, President Joe Biden signed a bill making Juneteenth the eleventh federal Holiday; and WHEREAS, the City Commission wishes to acknowledge the importance of Juneteenth by recognizing this date as a City-observed holiday commemorating the end of slavery. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. Recognition of Juneteenth. That the City Commission hereby recognizes June 19t" of every year as a City-observed holiday in the City of Aventura, resulting in the closure of Government Center and granting holiday time to City employees. Section 3. Effective Date. That this Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2022- 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 Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 14th day of June, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Kimberly Merchant, Community Services Director DATE: June 10, 2022 SUBJECT: Resolution to Discontinue the City's Annual High School Graduation Car Parade June 14, 2022 City Commission Meeting Agenda Item 5C RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution discontinuing the annual high school graduation car parade. BACKGROUND At the July 2020 Regular City Commission Meeting, Resolution 2020-52 was adopted, which established an annual high school graduation car parade to recognize graduating high school students whose graduation ceremonies had been canceled by the COVI-19 pandemic. The initial graduation car parade, held in May of 2020, was very positively received and very well attended. This was likely due to the cancellation of graduation ceremonies and provided an opportunity for students to reconnect with their friends and classmates. Attendance for the 2021 parade dropped substantially, likely due to the resumption of the formal graduation ceremonies. The Community Services Advisory Board, which by resolution was tasked with formulating details of the parade, provided consensus to discontinue the parade if attendance remained low in 2022. This year's parade, held on May 18, 2022, was ultimately cancelled, as only one person attended. Attachment CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RESCINDING RESOLUTION NO. 2020-52 AND DISCONTINUING THE ANNUAL CAR PARADE FOR CITY RESIDENTS IN CONNECTION WITH THEIR HIGH SCHOOL GRADUATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in the wake of the COVID-19 pandemic, established an annual car parade to recognize City residents graduating from high school, as formal graduation ceremonies had been cancelled; and WHEREAS, there has been a significant drop-off in participation in this parade in the ensuing two years since its inception; and WHEREAS, the Community Services Advisory Board, which was tasked with formulating details of the parade, provided consensus to discontinue the parade due to the lack of participation; and WHEREAS, the discontinuance of this parade does not preclude other entities from holding similar events. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Resolution No. 2020-52 establishing the annual car parade is hereby rescinded and the annual car parade is discontinued. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution, and discontinue the aims of Resolution 2020-52. 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 Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman City of Aventura Resolution No. 2022- PASSED AND ADOPTED this 14t" day of June, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY- Robert Meyers, Office of the City Attorney � DATE: June 10, 2022 SUBJECT: Resolution Approving a Memorandum of Understanding with the Dade County PBA to Buy-Back Military Service Time June 14, 2022 City Commission Meeting Agenda Item 5D RECOMMENDATION It is recommended that the City Commission adopt a resolution approving a Memorandum of Understanding ("MOU") between the City and the Dade County Police Benevolent Association to allow police officers to purchase credit for military service prior to their first and initial employment with the City. BACKGROUND Section 36-27 of the City's Code of Ordinances provides for the ability of a law enforcement officer ("Officer") employed by the City to buy back military service earned while on a leave of absence to count towards pension credit for the City. Approval of this MOU will expand the military service buy-back benefit to allow officers to purchase credit for military service prior to first and initial employment with the City. The maximum benefit for military service credit will be four years. The City will be considering the adoption of an ordinance (scheduled for first reading on June 14t") to amend the City's Pension Plan and Trust Fund to permit officers to purchase service for prior military service. FISCAL IMPACT There is no financial impact anticipated to the City. CITY OF AVENTURA RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, ALLOWING CITY POLICE OFFICERS TO PURCHASE CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT WITH THE CITY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 36-27 of the City's Code of Ordinances provides for the ability of a law enforcement officer ("Officer") employed by the City to buy back military service earned while on a leave of absence to count towards pension credit for the City; and WHEREAS, the Parties intend to expand this benefit to allow an Officer to purchase credit for military service prior to first and initial employment with the City; and WHEREAS, the Parties have agreed to amend the City's Police Pension Plan and Trust Fund to permit officers to purchase service for prior military service. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. MOU Approved. That the MOU with the Dade County Police Benevolent Association, attached hereto as Exhibit "A," allowing for police officers to purchase credit for military service prior to first and initial employment with the City, is hereby approved and that the City Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution. Section 3. Effective Date. That 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 Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED AND ADOPTED this 14th day of June, 2022. City of Aventura Resolution No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION,INC. This MEMORANDUM OF UNDERSTANDING ("MOU") is entered this day of 2022, between the DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC. ("PBA") and the CITY OF AVENTURA ("City"),jointly referred to as the ("Parties"). WHEREAS, Section 36-27 of the City's Code of Ordinances provides for the ability of a law enforcement officer("officer") employed by the City to buy back military service earned while on a leave of absence to count towards pension credit for the City; and WHEREAS, the Parties intend to expand this benefit to allow an officer to purchase credit for military service prior to first and initial employment with the City; and WHEREAS, the Parties have agreed to amend the City's Police Pension Plan and Trust Fund to permit officers to purchase service for prior military service. NOW, THEREFORE, the Parties agree as follows: I. The above recitals are true and correct and incorporated herein by reference. 2. The City's Code will be modified as detailed below, which sufficiently addresses the expansion of the buyback benefit to include military service prior to first and initial employment with the City. Section 36-27 of the City Code will be amended to read as follows: Sec. 36-27. —Buy-back for military service, prior law enforcement, or correctional officer service. (b) Any member of the Plan who is employed by the City shall be entitled to buy-back service credits for years or fractional parts of years that the member has served on active duty in the military service of the United States prior to first and initial employment with the City of Aventura police department, with a lifetime maximum of four years of service credits, if: The cost of prior service credit is paid, which shall be the full actuarial cost of all prior service credit purchased hereunder computed as a lump sum payment into the plan that would have occurred had the member been employed by the City of Aventura as a police officer,for the period of prior service credit purchased. A nonrefundable payment is made for the costs of all professional services (e.g. actuarial calculations) rendered to the Board and administrative costs in connection with the purchase of years of credited service. The buy-back request is made only once if followed by the purchase, and the purchase is timely paid in full before retirement or entering the DROP,based on a lump sum or a required installment payoff schedule. Installment payments shall be made through a payroll deduction in accordance with Section 414(h) of the Internal Revenue Code. The payments shall be treated as tax-deferred picked-up contributions. Contributions shall continue until death, disability or termination of service, whichever shall occur first. If the member cannot pay the remaining balance upon separation, they shall have the option to receive either prorated credit for the service purchased to date or a refund of amounts already paid to date without any service credit. Any payoff schedule shall require the execution of an irrevocable authorization form specifying the amount of the payment and the duration of the authorization. The specified amount shall be determined by the plan's actuary to be sufficient to pay the entire actuarial cost of the purchase within the specified duration of the payment authorization, which duration shall not extend beyond the earliest date upon which the employee would become eligible for normal retirement under Section 36-26. The amount provided in the payment authorization shall include interest, as calculated by the plan's actuary, at the retirement plan's actuarially assumed rate of return on investments. Such service credit is counted as continuous service for purposes of benefit calculations, but not for purposes of vestingor r eligibility for benefits under this Retirement Plan. a(b) Any member of the plan who is employed by the City shall be entitled to buy-back service credits for the periods of public law enforcement employment with another employer, with a lifetime maximum of four years of service credits, if: W(,o Any member of the plan who is employed by the City shall be entitled to buy-back service credits for the periods of correctional institution employment with another employer, with a lifetime maximum of four years of service credits, if: Ce)(4) A member who is receiving, or will receive the pension benefit for military service,prior law enforcement or correctional institution experience in any other pension plan supported by public funds, excluding a military pension, may not use that service for purchased prior service pursuant to this section for this Pension Plan; provided, a member may make a direct transfer of eligible rollover distributions of all or any portion of the balance in another eligible retirement plan that is attributable to such other prior law enforcement or correctional institution experience to purchase additional service, in accordance with Subsection 36-27(e), and shall execute a Board-provided form acknowledging the same. f fie} The Plan fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of service as authorized under Section 36-27, as follows: 3. The Parties have had the opportunity to consult with legal counsel prior to executing this MOU. 4. This MOU shall become effective upon ratification by the bargaining unit members represented by the PBA and by the City Commission, whichever occurs later. In the event that this MOU is not fully ratified for any reason, it shall have no force or effect upon either party. 5. Other than as specifically set forth herein, this MOU does not modify any terms and conditions of employment of the bargaining unit employees represented by the PBA. 6. The City's Code shall be modified so that its Plan provisions are in harmony with this MOU. 7. This MOU represents the Parties' entire agreement concerning this subject matter, and it cannot be amended or modified without the express written consent of the Parties. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. AGREED TO THIS DAY OF , 2022. For the Dade County Police For the City of Aventura: Benevolent Association, Inc. Steadman Stahl, President Ronald J. Wasson, City Manager Dade County PBA CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6 -- BY: Keven Klopp, Community Development Director DATE: June 10, 2022 SUBJECT: Application to Amend Section 31-143(f)(2a)c. of the Land Development Regulations to Add a Conditional Use in the RMF4 Zoning District by Which Certain Otherwise Prohibited Shadows Could be Approved June 14, 2022 Local Planning Agency Agenda Item 4A June 14, 2022 11t Reading City Commission Meeting Agenda Item 6A July 12, 2022 2"1 Reading City Commission Meeting Agenda Item RECOMMENDATION As discussed at the City Commission Workshop meeting of March 15, 2022, the attached ordinance is presented for recommendation by the Local Planning Agency and approval by the City Commission of a request to amend Section 31-143(f)(2a)c., "Multifamily High Density Residential Districts (RMF4)" of the Land Development Regulations to add a Conditional Use by which certain otherwise prohibited shadows could be approved. THE REQUEST The attached letter (attached as Exhibit #1) proposes an amendment to Section 31- 143(f)(2a)c. of the Land Development Regulations to allow uses in the RMF4 Zoning District to cast a shadow on land zoned for business. Currently, office buildings, hotels and mixed-use buildings of any height can cast a shadow over commercially zoned properties. As discussed during the referenced Workshop, RMF4 properties could be, with Commission approval, released of the constraint and thus, regulated in line with commercially-zoned properties in regards to the shadow they are allowed to cast. BACKGROUND Section 31-143(f)(3)(b)(3) of the City Code contains certain restrictions to the RMF4 zoning district. City Code restricts development of structures over 100 feet in height in the RMF4 district from casting of shadows on December 21 at 12 noon of each year regardless of the adjacent property's zoning. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed amendment to the Multifamily High Density Residential (RMF4) District follows in underlined text: Section 31-143(f)(2a)c. Multifamily High Density (RMF4) District. (f) Multifamily High-Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional Use in the CF district. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. c. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31- 144. d. EUses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre. e. d For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. f. e For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. g_� Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject to all of the following criteria- 1. Shall only be permitted on properties where a minimum of two sides share all or part of a common lot line with another lot or parcel of land that is zoned Community Business (B2) District on the City's Zoning Map; and 2. Retail and restaurant uses shall be permitted as accessory uses; and 3. Not more than ten percent of the gross building area shall be devoted to hotel amenities such as dining areas, bars and lounges, and meeting rooms, excluding ground floor retail and restaurant uses; and 2 4. The gross floor area of the hotel use shall not exceed 33 percent of the gross floor area of the building; and 5. Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd.; and 6. The hotel use and the residential use may be located in one building, but the hotel rooms and residential units shall be located in separate vertical blocks; and 7. The hotel use shall have its own separate driveway entrance/exit and its own separate lobby; and 8. The applicant shall provide transportation demand management strategies to reduce the impact of the development, as approved by the City Manager and City's Traffic Engineering Consultant, to reduce adverse effects to the overall transportation network. The applicant shall provide any right-of-way improvements appropriate to the subject property. ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City. 3 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve development or redevelopment of a property within the Multifamily High- Density Residential District. 4 DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Exhibit 1 Bilzin Sumberg Brian S.Adler, Esq. el 305.350.2351 Fax 305.351.2206 badler0-bilzin.com March 4, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Request to be Placed on March 15, 2022 Workshop Proposed Amendment to Section 31-143(f)(3)(b)(3), RMF4 District Land Development Regulations Dear Mr. Klopp: Please consider this our request on behalf of our client, GOT183 LLC, to be placed on the March 15, 2022, City Commission Workshop related to proposed modifications to the City of Aventura Land Development Regulations pertaining to the RMF4 Zoning District. The City of Aventura Code contains some historic restrictions related to height of properties within various districts. One example is Section 31-143(f)(3)(b)(3) of the City of Aventura Code (the "City Code"), which incorporates certain restrictions unique to the RMF4 zoning district. Specifically, the City Code restricts development of structures over 100 feet in height in the RMF4 district from casting of shadows on December 21 at 12 noon of each year, allowing such shadows to only fall on public road rights-of-way, public or private waterways or docks. This unique provision is unique to the RMF4 district. Land continues to be a scarce resource, and as South Florida continues to be the focus of migration from other areas of the state or country, the focus in many communities has shifted to redevelopment of remaining or underdeveloped parcels, including in the City of Aventura. In that regard, we propose a reevaluation of the above RMF4 restriction related to height regulations in recognition that if another office Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Mr.Keven Klopp March 4, 2022 Page 2 Bilzin Sumberg building, hotel or mixed-use building can cast a shadow on other commercially zoned properties, then as redevelopment within the City occurs, that RMF4 properties should not be more constrained than commercially zoned properties. Office buildings, hotels and other similar structures in the Business Zoning Districts under City Code Section 31-144 do not have the same limitation against casting shadows on other hotels, commercial or office buildings. In fact mixed-use developments in the Town Center districts under Section 31-145 may contain various heights of buildings with no such restriction on casting shadows on adjacent properties in other districts, or on other buildings within the Town Center districts, including on residential structures within the Town Center district. However, while offices, medical buildings hotels and other structures in the Town Center, Medical Office, Office Park, Community Facilities and commercial districts are not subject to the shadow restrictions and therefore are not restricted from casting shadows on other properties sharing the same designation, under the City Code, it is only the RMF4 district that carries the shadow restriction. Specifically, the City code under the RMF4 District regulations provides: Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) shall not fall on any adjacent property, except for public road rights-of-way, public or private waterways and docks. Therefore, while a 12 story office buildings in the B2 district can cast a shadow on other commercial, office, hotel and similar properties, developments in the RMF4 district would be more constrained and restricted from casting such shadows. As the zoning code has morphed with the creation of new zoning districts, the focus continues to shift to redevelopment or future development of vacant or underdeveloped parcels, the unique shadow limitation in RMF4 likely no longer serves the same purpose as when it was enacted. If an office building, medical building, or hotel building exceeding 100 feet is able to cast shadows on commercially zoned adjacent properties, the limitation on the ability for RMF4 properties to cast such shadows on business zoned properties is arguably obsolete. Based on the foregoing, we propose a relaxation of the shadow provisions to expand the properties upon which an RMF4 structure can cast a shadow to include the business zoned districts under 31-144. Specifically, we request the code be modified to as follows: DocuSign Envelope ID: B408E01F-OF5F-4A91-B249-27DF5645B7CD Mr.Keven Klopp March 4, 2022 Page 3 Bilzin Sumberg Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12.00 noon on December 21 (a sun angle of 41 degrees) shall not fall on any adjacent property, except for public road rights-of-way, public or private waterways and docks, or properties located in Business Zoning Districts defined under Section 31-144. The above change will recognize that if another office building, hotel or mixed- use building can cast a shadow on other commercially zoned properties, then as redevelopment within the City occurs, that RMF4 properties should not be more constrained than commercially zoned properties. However, the proposed change will keep in place the protection of RMF4 properties casting shadows on other residentially zoned properties. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, bv'ia'v' S. aAV Brian S. Adler BSA/DPC/AI MIAMI 923 0709.1 100992/3 02121 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT BUILDINGS IN THE RMF4 ZONING DISTRICT TO CAST SHADOWS ON PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS UPON CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, currently, office buildings, hotels and mixed-use buildings of any height can cast a shadow over commercially zoned properties; WHEREAS, the City Commission now desires to amend Chapter 31 "Land Development Regulations," Section 31-143 "Residential Zoning Districts" to permit buildings in the RMF4 Zoning District to cast shadows on properties located in Business Zoning Districts upon conditional use approval (the "Proposed Amendment"); and WHEREAS, the City Commission finds that the Proposed Amendment is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and WHEREAS, City Commission, sitting as the Local Planning Agency, has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the Proposed Amendment, and finds that it is in the best interests of the public to amend Section 31-143 of the City's Land Development Regulations as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and City of Aventura Ordinance No. 2022- WHEREAS, the City Commission has reviewed the Proposed Amendment and has determined that the Proposed Amendment is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Chapter 31 "Land Development Regulations,"Article VII, "Use Regulations," Section 31-143 "Residential Zoning Districts" of the City Code of Ordinances is hereby amended to read as follows': Chapter 31 - LAND DEVELOPMENT REGULATIONS ARTICLE VII. - USE REGULATIONS Sec. 31-143. — Residential Zoning Districts. (f) Multifamily High-Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07. ' Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Page 2 of 5 City of Aventura Ordinance No. 2022- c. Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31- 144. d. EUses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre. e. d.For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. f. e For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio. g_� Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject to all of the following criteria: Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 3 of 5 City of Aventura Ordinance No. 2022- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED on first reading on this 14t" day of June, 2022. PASSED AND ADOPTED on this 12t" day of July, 2022. Page 4 of 5 City of Aventura Ordinance No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: June 10, 2022 SUBJECT: Ordinance Amending Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," in Accordance with a Memorandum of Understanding Regarding Expansion of Service Credit Buy-back to Include Military Service Prior to First and Initial Employment with the City June 14, 2022 City Commission Meeting Agenda Item 6B RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance that amends the "Police Pension Plan and Trust Fund" (the "Plan") in a manner consistent with a Memorandum of Understanding regarding the expansion of the Plan's service buy- back benefit to include prior military service. The Ordinance has been reviewed by the City's labor counsel and the Dade County Police Benevolent Association (the "Union"). BACKGROUND The Plan presently allows eligible members to buy back pension service credits for prior law enforcement experience for up to four (4) total years but does not allow members to buy back service credits for prior military experience. The City and Union have subsequently agreed to permit the buy-back of up to four (4) years of service credits for prior military service, provided the full actuarial cost of the purchased prior service is paid by the member, as well as any associated administrative costs (e.g., actuarial study). The buy-back costs may be paid by the employee in one lump sum or in installment payments, but must be paid in full before retirement or entering the DROP. However, if the member cannot pay the remaining balance before separation, the option will be given to receive either prorated credit for the service purchased to date or a refund of amounts already paid to date without any service credit. For tax treatment purposes, any installment payments made by the employee will be via salary reduction. The purchased service credits cannot be used for vesting or eligibility for benefits purposes and are limited to a lifetime max of four (4) years. SUMMARY The Ordinance reflects the expansion of service credit buy-back to include up to four (4) total years of military service prior to first and initial employment with the City, with the full actuarial cost and all administrative costs borne by the member. All other provisions of the Plan remain in full force and effect. Attachment 2 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-27 "BUY-BACK FOR MILITARY SERVICE, PRIOR LAW ENFORCEMENT OR CORRECTIONAL OFFICER SERVICE" TO PERMIT BUY-BACK OF SERVICE CREDITS FOR PRIOR MILITARY SERVICE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan (the "Plan"), and which is codified in Chapter 36 of the City Code; and WHEREAS, the Plan permits members to buy back military service earned while on a leave of absence to count towards pension credit for the City; and WHEREAS, the City Commission desires to permit members to also buyback service credits for periods of active military service prior to first and initial employment with the City; and WHEREAS, the City Commission finds that it is in the best interest of the City and its employees to amend the Plan; and WHEREAS, prior to Second Reading of this Ordinance, the City Commission has received, reviewed and considered an actuarial impact statement describing the actual impact of the amendments provided for herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Section 1. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. That Chapter 36 "Retirement," Article 11 "Police Pension Plan and Trust Fund," Section 36-27, "Buy-back for military service, prior law enforcement or correctional officer service," of the City Code of Ordinances be amended by adding a new subsection and re-lettering the subsequent subsections, as follows- ' Words in s+F�at type are deletions from exist text and word in underline type are additions to existing text. City of Aventura Ordinance No. 2022- Sec. 36-27. — Buy-back for military service, prior law enforcement or correctional officer service. (b) Any member of the Plan who is employed by the City shall be entitled to buy-back service credits for years or fractional parts of years that the member has served on active duty in the military service of the United States prior to first and initial employment with the City of Aventura police department, with a lifetime maximum of four years of service credits, if: (1) The cost of prior service credit is paid, which shall be the full actuarial cost of all prior service credit purchased hereunder computed as a lump sum payment into the plan that would have occurred had the member been employed by the City of Aventura as a police officer, for the period of prior service credit purchased. (2) A nonrefundable payment is made for the costs of all professional services (e.g. actuarial calculations) rendered to the Board and administrative costs in connection with the purchase of years of credited service. (3) The buy-back request is made only once if followed by the purchase, and the purchase timely paid in full before retirement or entering the DROP, based on a lump sum or a required installment payoff schedule. Installment payments shall be made through a payroll deduction in accordance with Section 414(h) of the Internal Revenue Code. The payments shall be treated as tax-deferred picked up contributions. Contributions shall continue until death, disability or termination of service, whichever shall occur first. If the member cannot pay the remainder balance upon separation, they shall have the option to receive either prorated credit for the service purchased to date or a refund of amounts already paid to date without any service credit. Any payoff schedule shall require the execution of an irrevocable authorization form specifying the amount of the Payment and the duration of the authorization. The specified amount shall be determined by the Alan's actuary to be sufficient to pay the entire actuarial cost of the purchase within the specified duration of the payment authorization, which duration shall not extend beyond the earliest date upon which the employee would become eligible for normal retirement under Section 36-26. The amount provided in the payment authorization shall include interest, as calculated by the plan's actuary, at the retirement Alan's actuarially assumed rate of return on investments. Page 2 of 5 City of Aventura Ordinance No. 2022- (4) Such service credit is counted as continuous service for purposes of benefit calculations, but not for purposes of vesting or eligibility for benefits under this Retirement Plan. LLM Any member of the plan who is employed by the City shall be entitled to buy-back service credits for the periods of public law enforcement employment with another employer, with a lifetime maximum of four years of service credits, if: Lqh{c}Any member of the plan who is employed by the City shall be entitled to buy-back service credits for the periods of correctional institution employment with another employer, with a lifetime maximum of four years of service credits, if- (e) A A member who is receiving, or will receive the pension benefit for military service, prior law enforcement or correctional institution experience in any other pension plan supported by public funds, excluding a military pension, may not use that service for purchased prior service pursuant to this section for this Pension Plan; provided, a member may make a direct transfer of eligible rollover distributions of all or any portion of the balance in another eligible retirement plan that is attributable to such other prior law enforcement or correctional institution experience to purchase additional service, in accordance with Subsection 36-27(e), and shall execute a Board-provided form acknowledging the same. W The Plan fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of service as authorized under Section 36-27, as follows: Section 3. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Page 3 of 5 City of Aventura Ordinance No. 2022- Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2022- PASSED on first reading this 14t"day of June, 2022. PASSED AND ADOPTED on second reading this 12t" day of July, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission �D FROM: Ronald J. Wasson, City Manager (---- BY- Keven Klopp, Community Development Director Afok DATE: June 10, 2022 SUBJECT: Application to Amend the Comprehensive Plan Future Land Use Map ("FLUM") of the City of Aventura by Changing the Designation of Land Located at 2785 NE 183 Street from Business and Office to High Density Residential (the "FLUM Amendment"), City Case File No. AC P2205-0001 June 14, 2022 Local Planning Agency Agenda Item 4B June 14, 2022 11t Reading City Commission Meeting Agenda Item 7A July 12, 2022 2"1 Reading City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment to the future land use map designation for the two subject parcels of land (Folios 28-2203-000-0250 and 28-2203-000-0273), located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue (the "Property")from Business and Office to High Density Residential to facilitate development of 84 residential units averaging between 2,500 and 3,500 square feet by the applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg. THE REQUEST The applicant is requesting the FLUM Amendment on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC. The applicant's Letter of Intent is attached as Exhibit #1 to this staff report. BACKGROUND OWNER OF PROPERTY: Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC Folios 28-2203-000-0250 and 28-2203-000-0273 NAME OF APPLICANT Brian S. Adler, Esq. on behalf of owners LOCATION OF PROPERTY 2785 NE 183 Street See Exhibit #2 for Location Map SIZE OF PROPERTY 1.55 acres +/- See Exhibit #3 for Legal Description The property consists of approximately 1.55 acres of vacant land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27th Avenue. The applicant proposes to re-designate the Property from its current B2, Community Business District to RMF4, Multi-Family High Density Residential to match the high- density residential designation existing on properties to the south, east, northeast and partially to the north. ANALYSIS Future Land Use Designation Subject Property: Currently Business and Office Proposed at this Property: High Density Residential Property to the North: Business and Office Property to the South: High Density Residential Property to the East: High Density Residential Property to the West: Business and Office Zoning Subject Property: Currently B2, Community Business District Properties to the West: B2, Community Business District Properties to the East: RMF4, Multi-Family High Density Residential District Properties to the North: B2, Community Business District Properties to the South: RMF4, Multi-Family High Density Residential District Existing Land Use Subject property: Vacant Lot Properties to the North: Assisted Living Facility Properties to the South: Residential Condominium Properties to the East: Residential Condominium Properties to the West: Assisted Living Facility Access — The property is accessible from NE 183 St. There is also a public access easement on the west side of the property that provides access to the property. 2 Standards for reviewing proposed amendments to the Future Land Use Map (Florida Statutes 163.3177) Florida Statues regarding the City's Comprehensive Plan seek mainly to ensure that development of previously undeveloped land proceeds in a manner that is orderly and economically, socially, physically, environmentally, and fiscally balanced. The statute does require the following be analyzed when considering a change to the Comprehensive Plan Future Land Use Map: • the availability of facilities and services. • the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. • the minimum amount of land needed to achieve economically, socially, physically, environmentally, and fiscally balanced development. • the extent to which the development pattern or urban form discourages the proliferation of urban sprawl. All required services and facilities are available to this location to fulfill service requirements. Capacity allocations for water, sewer, and schools are made at the time of development order approval. The proposed FLUM Amendment is suitable considering the site is an existing, fully developed office park. The proposed FLUM Amendment consumes the minimum amount of currently undeveloped land needed to achieve economically, socially, physically, environmentally, and fiscally balanced development. The proposed FLUM Amendment discourages urban sprawl. It facilitates redevelopment of fallow land resulting in increased density and intensity within a transit-oriented corridor. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 3 EXHIBIT 1 ACP2205-0001 $ilzin Sumberg Brian S.Adler, Esq. T-"d 305.350.2351 i-o, 305.351.2206 badlerO-bilzin.com April 28, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Application to Amend City of Aventura Comprehensive Plan Future Land Use Map and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got183 LLC as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with an application to amend the City of Aventura Comprehensive Plan Future Land Use Map designation and Zoning Map designation on the Property. A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. This area remains one of the last vacant development parcels within the City of Aventura. While the Property was under the jurisdiction of Miami-Dade County, the Property was originally approved for an exhibition center and surface parking, and most recently housed the Biscayne Rehabilitation Institute. All structures on the Property have been demolished and the land currently remains vacant and underutilized. The City of Aventura Comprehensive Plan continues to focus on redevelopment. The subject Property is one of the few remaining redevelopment opportunities in this area MIAMI 943 8453.3 100992/3 02121 Bilzin Sumherg Baena Price&Axelrod LLP 1 1450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345b Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com Mr Keven Klopp April 28, 2022 = ,. • Page 2 . ; B11Zln Sumberg and is ripe for redevelopment. We are pleased to present a proposed project to the City to transform this vacantin and historically underutilized parcel into a prominent, attractive and iconic development. B. Demands and Variation in Housing Needs There are countless articles and studies detailing the long-term impact the COVID-19 pandemic has had on housing demand and availability. Studies particularly highlight the shortage of housing in South Florida and the continued need for residential development. This need runs the gamut from smaller, more affordable units, to larger units able to meaningfully accommodate the ability to work from home. This particular location is ideal to accommodate the latter. While we recognize there continues to be a market need for smaller units and maximum density, the proposed development is geared toward the additional market need of larger units which can serve the needs of those relocating from other geographic regions that may also favor a home office. Featuring a modest 84 units, the residences range from the two-bedroom units in the garage liner of 1,400 square feet to three- and four-bedroom residences ranging from 2,400 to 3,500 square feet, with the possibility to do full-floor units of 5,900 square feet. Remote working continues to increase in popularity and South Florida remains an attractive option for relocation. Studies reveal that over half a million people exchanged their out of state driver's licenses for Florida addresses, up 40% from 2020. While there has been much focus and attention on New Yorkers, New Yorkers account for approximately 11% of the shift, with demand continuing from other northeast states and other areas including California and foreign countries. This increase continues to highlight the need for housing, and Aventura, with its high quality and diverse retail, restaurants and prime location remains a top choice for many. C. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF4 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. MIAMI 943 845 3.3 100992/3 02121 Mr.Keven Klopp April Page23 2022 Bllzln Sumberg D. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF4 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. The subject property is physically suitable for the uses permitted in the proposed district. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 84 residential dwelling units generates only 36 AM peak hour trips and 43 PM peak hour trips where the M I AM I 943 845 3.3 100992/3 02121 Mr. Keven Klopp PageApril 24 2022 Bilzin Sumberg 9 proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over three times the AM peak hour trips and almost four times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use of only 84 dwelling units will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will evaluated for concurrency as part of redevelopment of the site. 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 84 residential dwelling units as opposed to a more intense commercial use. E. Requests The Property is currently designated Business and Office on the City of Aventura Comprehensive Plan Future Land Use Map, and is zoned B2 on the City of Aventura Zoning Map. The majority of the B2 development south of the William Lehman Causeway is centralized on Biscayne Boulevard. The Property is over 700 feet from Biscayne Boulevard, with visibility blocked by other structures, rendering it less appealing as a commercial site. Our client proposes to re-designate the Property from its current Business and Office designation on the City of Aventura Future Land Use Map to match the high-density residential designation existing on properties to the south, east, northeast and partially to the north. Similarly, our client proposes to rezone the Property to RMF4 consistent with the proposed new residential Future Land Use Map designation, and consistent with the RMF4 zoning on the parcels to the east, northeast, south, southwest, and partially to the north. MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 28, 2022 Page 5 Bilzin Sumberg As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 84 residential dwelling units where 69 residential dwelling units would be permitted as of right in the RMF4 district, and up to 93 may be permitted via conditional use approval. As illustrated by the traffic comparison, the additional units sought by the conditional use approval will generate a total of 4 AM and 4 PM peak hour additional trips, which will have a minimal impact on the traffic, and far less than permitted under the current zoning. Additionally, our client will be seeking conditional use approval related to height, FAR and from the shadow provision, as well as a companion application to release certain documents recorded against the Property related to prior uses and which are no longer germane. F. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow with a central open focal point allowing light and air to flow though the nucleus in a truly unique shape worthy of the approval for new development in Aventura. The 25 story structure includes a four story pedestal consisting of a lined and screened parking deck, a two story lobby and two residential units, with connected curvilinear 21 story towers. Level 5 of one of the towers will contain the amenities deck. The development has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. The RMF4 designation allows up to 60 dwelling units per acre with conditional use approval for up to 93 units. The proposed development consists of 84 luxury units averaging between 2,500 and 3,500 square feet, at under 55 dwelling units per acre. In keeping with the market for luxury units, the development proposes ten foot ceilings with the penthouses featuring 11 foot ceilings, for an overall total building height of 275 feet. G. Conclusion The proposed development seeks to transform a vacant and historically underutilized property into an iconic building that Aventura will be proud to feature in its City. The proposed development features 84 luxury condominium homes that are both MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 6 8, 2022 Page yr= Bilzin Sumberg Page attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the request for rezoning and amendment to the Future Land Use Map. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian . Adler BSA/ea MIAMI 9438453.3 100992/302121 Exhibit 2 ACP2205-0001 BROWARD COUNT `— DARE COUNTY :t. f ■�'Sr7�'nv"ei9 T%-rw -1ra■ Pak!ream YACHT CLUB DR. • ■ :■ MARINA ■ :r Arenwra HARBOR COVE CIRCLE :■ Hospital �Q WAY ■ &Medical w wpY ■ 'r Cenrer Waterways WATERWAYS i.VD Shoppes 207 ST. ■ ■ w ■ w ¢ COUNTRY CLUB DR. :■ The N 205 M ■ ■ Promenade ✓ • Shops Cf) IVES DAIRY RD. :■ 203 ST. ff CTF�L� ■ ■ cv � � r 4 ■ 201 R. m • —� '■ c" Turnberry Isle ■ ro ( :■ p. m Resort&Club ■ *« :■ 0,v ■/ ■ AVENTURA w U ' OQ c`. ,, ■ Fireft Ell > r Rescue Aventura J • Station Library Z Gam' �� • ;■ • e • z .4/ ■ ,. . Aventura Mall • y' �� O YAG4i� J� • `• ;■ City of Aventura �E}1D11A WY LU8 ~ rr E :■ Government Center • :r 192 ST. �pJll-upm • 192 ST. wM �1C X ;r 190 ST. YS + ■ Loehmann's + " p Fashion ui r r Island Q --- • l■ m 188 ST. • N . z 33180 MIA MI �• T • Lu • Kr GARDENS DR. __� • O 185ST _.r.._._._._. 33 60 r 7{k • 183 Subject Site Dumfoundling ± Al Bay �;;. ;• • Atlantic %• 1 • Ocean • Little Z j, Williams ; ' %• Biscayne rn Sound Mau l• arbour 180 ST. Lake e w N l� Point East fr Mani • 9 Z r ' r a lU a ■ O r ■,�■. ■ ■ � . . .:�.II .a LEGEND � Lake �+ i ♦+ Roadways ■ i City Boundary ♦+ --•---• — ZIP Code Boundary • +♦ ----------- Railroad ■ r + Exhibit 3 ACP2205-0001 EXHIBIT A - Legal Description +/- 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCIRPTON: (parcel i): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade county, Florida, being more particularly described as follows; Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.54 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301.00 feet; thence South 89 degrees 13 minutes os seconds West, at right angles to the last described course, for 132.00 feet to a point of curvature; thence southwesterly, southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 9D degrees oo minutes oa seconds for an arc distance of 31.42 feet to a point of tangency, thence South o degrees 45 minutes 52 seconds East, along a line that is parallel with and 152.00 Net west of, as measured at right angles to, the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281,82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miaml—Dade County. Florida. (Parse# 2) Parking Lot; A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East. Miami—Dade County. Florida being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the. Southwest 1/4 of said Section 3. for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described cve;ur said point bears North 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve, thence Northwesterly. westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a control angle of 19 degrees 49 minutes 56 seconds for an arc distonce 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131.83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or lass by calculations. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET, FROM BUSINESS AND OFFICE TO HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 163.3187(1), Florida Statutes, the City of Aventura (the "City") has received Application No. ACP2205-0001, requesting approval of a Small- Scale Future Land Use Map ("FLUM")Amendment to the Comprehensive Master Plan (the "Plan") changing the designation of 1.55 acres of land (Folios 28-2203-000-0250 and 28- 2203-000-0273), as further described in Exhibit "A" (the "Property") from Business and Office to High Density Residential; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission believes the Small Scale FLUM amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents by providing mixed-use transit-oriented development; and WHEREAS, the Small Scale FLUM amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission finds that the proposed Small Scale FLUM amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. City of Aventura Ordinance No. 2022- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Approval of the Small-Scale Future Land Use Map Amendment. That pursuant to Section 163.3187(1), Florida Statutes, the Small Scale FLUM Amendment to the Comprehensive Plan for the Property, legally described in Exhibit "A," is hereby amended such that the Property shall now have the future land use map designation of High Density Residential. Section 3. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the City's Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map may be revised so as to accomplish such intention. Section 6. Effective Date. This Ordinance shall not become effective until 31 Page 2 of 6 City of Aventura Ordinance No. 2022- days after adoption. If challenged within 30 days after adoption, this Ordinance may not become effective until the state land planning agency or the Administration Commission, respectively, issued a final order determining that the adopted Small Scale FLUM Amendment is in compliance. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 3 of 6 City of Aventura Ordinance No. 2022- PASSED on first reading this 14t" day of June, 2022. PASSED AND ADOPTED on second reading this 12t" day of July 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 6 City of Aventura Ordinance No. 2022-_ EXHIBIT A - Legal Description +/ 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: Z LEGAL DESGR[PTION: (parcel 1): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, M€ami—Dade County, Florida, being more particularly described as follows: Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds west, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the lost described course, for 301,00 feet; thence South 89 degrees 13 minutes 08 seconds West, at right angles to the last described course, for 132.00 feat to a point of curvature; thence southwesterly. southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for an orc distance of 31.42 feet to a point of tangency; thence South 0 degrees 46 minutes 52 seconds East along a line that is parallel with and 152.00 feet west of, as measured at right angles to, the East fine of the Southeast 1/4 of th'e Southwest 1/4 of the Southwest 1/4 of sold Section 3 for 281.82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the point of Beginning, all lying and being in Miami—Dade County, Florida, (parcel 2) Parking Lot: A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade County, Flarida, being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Paint of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the Ice described course, for 114.42 feet to a point on the next described curve; said paint bears worth 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Nor#hwesterly, westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a centroi angle of 19 degrees 49 minutes 56 seconds for an arc distance 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is Wallet with and 131,83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet or 1,55 Acres more or less by calculations. Page 5 of 6 City of Aventura Ordinance No. 2022-_ EXHIBIT "B" SMALL SCALE FUTURE LAND USE MAP AMENDMENT 9ROWMI)cauNrr MIAMI-DACE COUNTY AWITIONAL KMACEMT - LAND USE CATEGME3 I—I Lot Oru1Ly , , I I^-I Rr.�ild 0 GnMtr 0 Hkwlrild T o ta ® � M� Ives oalr Rope LAND USE CATEGORIES Lle W.&. Wnalty - Rwd-41 I ?, . W.Au Hip 15-0ty Pnldanlld PWu antl Rtorwtin Ir B—oa.od ON- a �• o Mdu.[fltl aA UR16t ` y 4 ��1x8raB i ._y �trurakwnGYvf¢ Pk* 9t $ey a k+lemi Gord - I � ' E.WN[4-11, Clive. ED Fmilty(ACES) �a t CF 1= _} Cawmm } ma4do AICVJa — - i f Lake — - - Na�eEnd.L4 m..dm.tW b 1 Pk�h., MFr bcRIM W.a.9.�q r1W9..Yl+4a4 NORTH yJplpp M 1 G6{py}16 WALM I IA161 IMF-id REACH 4AZ a MJIY b ft—alla.d t.e Mkl 5 T�}{M.a 11111-11 Y}31G} 21 4 5G15/06 3Wd76.i4 Mcp 1-7 3ffl' + 7J511a a>a3-4a Future Land Use Flap — 2025 SCbyE IN FEET With Adjacent Land Uses & RORiH Parks Open 5pcee mw "Wrmaw wry ADM City of Aventuro Comprehensive Plan — 1998 „� , "wGww ,IRK 2014 Evaluation & Appraisal Page 6 of 6 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er C�5� BY: Keven Klopp, Community Development Director DATE: June 10, 2022 SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by Amending the Zoning Designation of Land Located at 2785 NE 183 Street from B2, Community Business District, to RMF4, Multi-Family High Density Residential, City (the "Rezoning") Case File No. REZ2205-0001 June 14, 2022 Local Planning Agency Agenda Item 4C June 14, 2022 11t Reading City Commission Meeting Agenda Item 7B July 12, 2022 2"1 Reading City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve Rezoning for the two subject parcels of land (Folios 28-2203-000-0250 and 28-2203-000-0273), located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue (the `Property") to facilitate development of 84 residential units averaging between 2,500 and 3,500 square feet by the applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg. THE REQUEST The applicant is requesting the Rezoning on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND OWNER OF PROPERTY: Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin Properties, LLC Folios 28-2203-000-0250 and 28-2203-000-0273 NAME OF APPLICANT Brian S. Adler, Esq. on behalf of owners LOCATION OF PROPERTY 2785 NE 183 Street See Exhibit #2 for Location Map SIZE OF PROPERTY 1.55 acres +/- See Exhibit #3 for Legal Description The property consists of approximately 1.55 acres of vacant land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The applicant proposes to re-designate the Property from its current B2, Community Business District to RMF4, Multi-Family High Density Residential to match the high- density residential designation existing on properties to the south, east, northeast and partially to the north. ANALYSIS Future Land Use Designation Subject Property: Currently Business and Office Proposed at this Property: High Density Residential Property to the North: Business and Office Property to the South: High Density Residential Property to the East: High Density Residential Property to the West: Business and Office Zoning Subject Property: Currently B2, Community Business District Properties to the West: B2, Community Business District Properties to the East: RMF4, Multi-Family High Density Residential District Properties to the North: B2, Community Business District Properties to the South: RMF4, Multi-Family High Density Residential District Existing Land Use Subject property: Vacant Lot Properties to the North: Assisted Living Facility Properties to the South: Residential Condominium Properties to the East: Residential Condominium/Townhomes Properties to the West: Assisted Living Facility Access — The property is accessible from NE 183 St. There is also a public access easement on the west side of the property that provides access to the property. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 2 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed Rezoning will be consistent with goals, objectives and policies of the City's Comprehensive Plan. The existing future land use designation for this parcel will be High Density Residential. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. There are currently no significant sites available in other areas zoned for such use. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The City's Comprehensive Plan encourages the redevelopment of the Biscayne Boulevard corridor. This development fulfills those plan goals. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The Rezoning will not adversely affect traffic patterns or congestion. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed Rezoning will not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. 8. Whether or not the proposed change would have an adverse environmental impact on the vicinity. The proposed Rezoning will not have an adverse environmental impact on the vicinity. 3 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed Rezoning will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 4 EXHIBIT 1 REZ2205-0001 $ilzin Sumberg Brian S.Adler, Esq. T-"d 305.350.2351 i-o, 305.351.2206 badlerO-bilzin.com April 28, 2022 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Application to Amend City of Aventura Comprehensive Plan Future Land Use Map and Zoning Map 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: Letter of Intent This firm represents Got183 LLC as the contract purchaser of the above Property. Please consider this our formal letter of intent in connection with an application to amend the City of Aventura Comprehensive Plan Future Land Use Map designation and Zoning Map designation on the Property. A. The Property The Property consists of approximately 1.55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. This area remains one of the last vacant development parcels within the City of Aventura. While the Property was under the jurisdiction of Miami-Dade County, the Property was originally approved for an exhibition center and surface parking, and most recently housed the Biscayne Rehabilitation Institute. All structures on the Property have been demolished and the land currently remains vacant and underutilized. The City of Aventura Comprehensive Plan continues to focus on redevelopment. The subject Property is one of the few remaining redevelopment opportunities in this area MIAMI 943 8453.3 100992/3 02121 Bilzin Sumherg Baena Price&Axelrod LLP 1 1450 Brickell Avenue,23rd Floor,Miami,Florida 33131-345b Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com Mr Keven Klopp April 28, 2022 = ,. • Page 2 . ; B11Zln Sumberg and is ripe for redevelopment. We are pleased to present a proposed project to the City to transform this vacantin and historically underutilized parcel into a prominent, attractive and iconic development. B. Demands and Variation in Housing Needs There are countless articles and studies detailing the long-term impact the COVID-19 pandemic has had on housing demand and availability. Studies particularly highlight the shortage of housing in South Florida and the continued need for residential development. This need runs the gamut from smaller, more affordable units, to larger units able to meaningfully accommodate the ability to work from home. This particular location is ideal to accommodate the latter. While we recognize there continues to be a market need for smaller units and maximum density, the proposed development is geared toward the additional market need of larger units which can serve the needs of those relocating from other geographic regions that may also favor a home office. Featuring a modest 84 units, the residences range from the two-bedroom units in the garage liner of 1,400 square feet to three- and four-bedroom residences ranging from 2,400 to 3,500 square feet, with the possibility to do full-floor units of 5,900 square feet. Remote working continues to increase in popularity and South Florida remains an attractive option for relocation. Studies reveal that over half a million people exchanged their out of state driver's licenses for Florida addresses, up 40% from 2020. While there has been much focus and attention on New Yorkers, New Yorkers account for approximately 11% of the shift, with demand continuing from other northeast states and other areas including California and foreign countries. This increase continues to highlight the need for housing, and Aventura, with its high quality and diverse retail, restaurants and prime location remains a top choice for many. C. Prior Declarations and Restrictions As part of prior commercial approvals on the Property while it was under Miami- Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the eastern portion of the Property, so long as the property remained zoned commercial and under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The Property is no longer under the jurisdiction of Miami-Dade County; however, the instruments illustrate the reservations, dating back to the early 1980's, that commercial use may not be the ideal use on the Property. The proposed residential redevelopment under the RMF4 district coincides with the historic limitation against commercial structures on the Property. Although redevelopment will no longer be under the County commercial zoning, thus rendering the restrictions obsolete, the proposed development respects this historic limitation and proposes to preserve this area for the amenities and landscaping. MIAMI 943 845 3.3 100992/3 02121 Mr.Keven Klopp April Page23 2022 Bllzln Sumberg D. The Rezoning Meets the Standards Set Forth Under City Code Section 31- 77 In accordance with City Code Section 31-77(f), the proposed amendment meets the criteria for approval in that: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to RMF4 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed rezoning is consistent and compatible with the surrounding area's designation and existing uses in that the RMF4 designation abuts the Property to the east, north and northeast and the properties across NE 183rd Street are similarly zoned RMF4, with the property to the west zoned B2. 3. The subject property is physically suitable for the uses permitted in the proposed district. As illustrated by the design of the proposed building, and the efficient utilization of the site, the Property is physically suitable for the proposed residential use. 4. There are sites available in other areas currently zoned for such use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. While not part of an approved redevelopment plan, the subject vacant site has been ripe for redevelopment for many years. The proposed high profile designed building will transform the dormant land into a vibrant new development. 6. The proposed change would adversely affect traffic patterns or congestion. Based on the trip comparison study, the proposed 84 residential dwelling units generates only 36 AM peak hour trips and 43 PM peak hour trips where the M I AM I 943 845 3.3 100992/3 02121 Mr. Keven Klopp PageApril 24 2022 Bilzin Sumberg 9 proposed development as of right, could develop a minimum of 43,800 square feet of medical use, which would generate over three times the AM peak hour trips and almost four times the PM peak hour trips. See attached trip generation comparison exhibits. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use of only 84 dwelling units will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will evaluated for concurrency as part of redevelopment of the site. 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami-Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change would not adversely affect the health, safety and welfare of the neighborhood or City as a whole in that the proposed development is for 84 residential dwelling units as opposed to a more intense commercial use. E. Requests The Property is currently designated Business and Office on the City of Aventura Comprehensive Plan Future Land Use Map, and is zoned B2 on the City of Aventura Zoning Map. The majority of the B2 development south of the William Lehman Causeway is centralized on Biscayne Boulevard. The Property is over 700 feet from Biscayne Boulevard, with visibility blocked by other structures, rendering it less appealing as a commercial site. Our client proposes to re-designate the Property from its current Business and Office designation on the City of Aventura Future Land Use Map to match the high-density residential designation existing on properties to the south, east, northeast and partially to the north. Similarly, our client proposes to rezone the Property to RMF4 consistent with the proposed new residential Future Land Use Map designation, and consistent with the RMF4 zoning on the parcels to the east, northeast, south, southwest, and partially to the north. MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 28, 2022 Page 5 Bilzin Sumberg As part of the proposed development, our client will be seeking two companion applications to proceed simultaneously with second reading of the above applications, if the City approves the applications of the first reading. These companion applications would include a conditional use approval to allow 84 residential dwelling units where 69 residential dwelling units would be permitted as of right in the RMF4 district, and up to 93 may be permitted via conditional use approval. As illustrated by the traffic comparison, the additional units sought by the conditional use approval will generate a total of 4 AM and 4 PM peak hour additional trips, which will have a minimal impact on the traffic, and far less than permitted under the current zoning. Additionally, our client will be seeking conditional use approval related to height, FAR and from the shadow provision, as well as a companion application to release certain documents recorded against the Property related to prior uses and which are no longer germane. F. Proposed Development Attached are the conceptual plans for development that our client proposes to present for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the defining focal point in the area. The emblematic structure features a fluid curved flow with a central open focal point allowing light and air to flow though the nucleus in a truly unique shape worthy of the approval for new development in Aventura. The 25 story structure includes a four story pedestal consisting of a lined and screened parking deck, a two story lobby and two residential units, with connected curvilinear 21 story towers. Level 5 of one of the towers will contain the amenities deck. The development has been designed such that the portion of the L-shaped Property backing up to the RMF4 designated townhouses to the north will feature an attractive and active green space with tennis courts a swimming pool and will provide attractive and serene views from all sides. The RMF4 designation allows up to 60 dwelling units per acre with conditional use approval for up to 93 units. The proposed development consists of 84 luxury units averaging between 2,500 and 3,500 square feet, at under 55 dwelling units per acre. In keeping with the market for luxury units, the development proposes ten foot ceilings with the penthouses featuring 11 foot ceilings, for an overall total building height of 275 feet. G. Conclusion The proposed development seeks to transform a vacant and historically underutilized property into an iconic building that Aventura will be proud to feature in its City. The proposed development features 84 luxury condominium homes that are both MIAMI 9438453.3 100992/302121 Mr Keven Klopp April 6 8, 2022 Page yr= Bilzin Sumberg Page attractive and functional, with an attractive ground level amenities area defining much of the frontage of the site. We respectfully request your favorable review of the request for rezoning and amendment to the Future Land Use Map. Thank you for your review of the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian . Adler BSA/ea MIAMI 9438453.3 100992/302121 Exhibit 2 REZ2205-0001 BROWARD COUNTY `— DARE COUNTY :t. f ■�'Sr7�'nv"ei9 T%-rw -1ra■ Pak!ream YACHT CLUB DR. • ■ :■ MARINA ■ :r Arenwra HARBOR COVE CIRCLE :■ Hospital WAY ■ &Medical w wpY ■ 'r Cenrer Waterways WATERWAYS i.VD Shoppes 207 ST. ■ ■ w ■ w ¢ COUNTRY CLUB DR. :■ The N 205 M ■ ■ Promenade ✓ • Shops Cf) IVES DAIRY RD. :■ 203 ST. ff CTF�L� ■ ■ cv � � r 4 ■ 201 R. m • —� '■ c" Turnberry Isle ■ ro ( :■ p. m Resort&Club ■ *« :■ AVENTURA 0,v ■/ w ■ U ' O c`. ,, ■ Fire r Rescue Aventura J • Station Library Z Gam' �� • ;■ • e • z .4/ ■ ,. . Aventura Mall • y' �� O YAG4i� J� • `• ;■ City of Aventura �E}1D11A WY LU8 ~ rr E :■ Government Center • :r 192 ST. �pJll-upm • 192 ST. wM �1C X ;r 190 ST. YS + ■ Loehmann's + " p Fashion ui r r Island Q --- • l■ m 188 ST. • N . z 33180 MIA MI �• T • Lu • Kr GARDENS DR. __� • O 185ST _.r.._._._._. 33 60 r 7{k • 183 Subject Site Dumfoundling ± Al Bay �;;. ;• • Atlantic %• 1 • Ocean • Little Z j, Williams ; ' %• Biscayne Maurn ?� Sound -'a arbour 180 ST. Lake e w N Point �cS • East fr Mani • ;+ hope' 9 Z r It lazy ` '•.,` • r � a ■ O r ■,�■. ■ ■ � . . .:�.II .a LEGEND � Lake �+ ♦+ Roadways ■ i City Boundary ♦+ --•---• — ZIP Code Boundary • +♦ ----------- Railroad ■ r + EXHIBIT 3 REZ2205-0001 EXHIBIT A - Legal Description +/- 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCIRPTON: (parcel i): Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade county, Florida, being more particularly described as follows; Commence at the southeast comer of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.54 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301.00 feet; thence South 89 degrees 13 minutes os seconds West, at right angles to the last described course, for 132.00 feet to a point of curvature; thence southwesterly, southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 9D degrees oo minutes oa seconds for an arc distance of 31.42 feet to a point of tangency, thence South o degrees 45 minutes 52 seconds East, along a line that is parallel with and 152.00 Net west of, as measured at right angles to, the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3 for 281,82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of Beginning, all lying and being in Miaml—Dade County. Florida. (Parse# 2) Parking Lot; A portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East. Miami—Dade County. Florida being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the. Southwest 1/4 of said Section 3. for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last described course, for 79.94 feet. thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described curve; said point bears North 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Northwesterly. westerly and southwesterly, along said circular curve to the left, having a radius of 554.02 feet and a central angle of 19 degrees 49 minutes 56 seconds for an arc distonce 202.15 feet to a point of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131.83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the Point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or lass by calculations. CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FROM B2, COMMUNITY BUSINESS DISTRICT, TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL, FOR A 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31 "Land Development Regulations," Article V "Development Review Procedures," Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of property owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties LLC and Kerrin Properties LLC, through Application No. REZ2205-0001, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation of the 1.55 acre parcel of land located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue from B2, Community Business District, to RMF4, Multi- Family High Density Residential; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local Planning Agency has determined that the Rezoning is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the Rezoning application and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: City of Aventura Ordinance No. 2022- Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. Official Zoning Map Amended. Pursuant to Chapter 31 "Land Development Regulations," Article V "Development Review Procedures," Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Official Zoning Map of the City of Aventura is hereby amended to change the zoning designation for the Property, legally described in Exhibit "A," from B2, Community Business District, to RMF4, Multi-Family High Density Residential. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Revision of Zoning Map. It is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City may be revised to accomplish such intentions. Section 5. Disclaimer and Condition. Pursuant to Section 166.033, Florida Statutes, all applicable state and federal permits must be obtained before commencement of the development. 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 a 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 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 2 of 5 City of Aventura Ordinance No. 2022- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman PASSED on first reading on this 14t" day of June, 2022. PASSED AND ADOPTED on this 12t" day of July, 2022. Page 3 of 5 City of Aventura Ordinance No. 2022-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 5 City of Aventura Ordinance No. 2022-_ EXHIBIT A - Legal Description +/- 1.05 acre parcel at 2785 NE 183 Street, Aventura (Folio number 28-2203-000-0250) together with a +/- .50 acre parcel (Folio number 28-2203-000-0273), more particularly described as follows: 2. LEGAL DESCUTION: (Parcel 0., Exhibition Center: A portion of the East 1/2 of the Southeast 1/4 of the southwest 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Mtcmi—Code County, Florida, being more porticularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of the 5authwest 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the East line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 131.84 feet to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees .46 minutes 52 seconds West, along the last described course, for 301,00 feet; thence South 89 degrees 13 minutes 08 seconds West, at right angles to the last described course, for 132.00 feet to a point of curvature; thence southwesterly, southerly, and southeasterly along a circular curve to the left, having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for on arc distance of 31,42 feet to a paint of tangency; thence South 0 degrees 46the East minutes 52 seconds East along a line that is parallel with and 152.00 feet west of, as measured at right angles to, line of the Southeast 1/4 of th'e Southwest 1/4 of the Southwest 1/4 of sold Section 3 for 281.82 feet thence North 88 degrees 54 minutes 29 seconds East for 152.00 feet to the Point of 64rming, all lying and being in Miarni—Dade County, Florida, (Parcel 2) Parking Lot: A portion of the west 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Miami—Dade County, Florida, being more particularly described as follows: Commence at the. Southwest corner of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3; thence North 0 degrees 46 minutes 52 seconds West, along the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3. for 131.84 feat to the Point of Beginning of the hereinafter described parcel; thence continue North 0 degrees 46 minutes 52 seconds West, along the last desenbed course, for 79.94 feet; thence East for 246 .91 feet; thence South, at right angles to,the last described course, for 114.42 feet to a point on the next described curve; said plaint bears Worth 19 degrees 47 minutes 50 seconds East from the radius point of the next described curve; thence Northwesterly, westerly and southwesterly, along said circular curve to the left. having a radius of 554.02 feet and a central angle of 19 degrees 49 minutes 56 seconds for an arc distance 202.15 feet to a paint of tangency, thence south 89 degrees 57 minutes 54 seconds west, along a line that is parallel with and 131,83 feet North of as measured at right angles to, the South line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 47.66 feet to the point of Beginning, all lying and being in Miami—Dade County, Florida. Containing 67,663 Square Feet of 1,55 Acres more or less by calculations. Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission, acting in its capacity as the Governing Board for the Aventura City of Excellence School (ACES) FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: May 13, 2022 SUBJECT: Ordinance Adopting the 2022/2023 Aventura City of Excellence School (ACES) Charter School Fund Budget 11t Reading April 27, 2022 City Commission Special Meeting Agenda Item 3A 11t Reading May 19, 2022 ACES Governing Board Meeting Agenda Item 4 2"d Reading June 14, 2022 City Commission Meeting Agenda Item 8A RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Governing Board for ACES, approve the attached Ordinance adopting the 2022/2023 Aventura City of Excellence School Charter School Fund Budget. This item was tabled at the April 27tn City Commission Special Meeting, for further review at a Commission Workshop. The item was reviewed in detail at the May 17, 2022 Aventura City Commission Special Workshop. If you have any questions, please feel free to contact me. Attachment CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2022/2023(JULY 1 —JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2022/2023 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. City of Aventura Ordinance No. 2022- Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2022 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2022/2023 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall Page 2 of 4 City of Aventura Ordinance No. 2022- remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Rachel S. Friedland Absent Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Absent Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2022- PASSED on first reading this 19t" day of May, 2022. PASSED AND ADOPTED on second reading this 14t" day of June, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 r i Am- - i ii f a � • .,is- 3 City of Aventura l Aventura City of Excellence School Fx(fry,FyA„oo� Cl r, Charter School Budget FISCAL_ YEAR 2022/A6*wi,,i.... CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND BUDGET FISCAL YEAR 2022/2023 --tow ES IF S Board of Directors Mayor Enid Weisman Vice Mayor Denise Landman Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley City Manager Ronald J. Wasson Principal Anthony Tyrkala Assistant Principals Jorge Paz Stacy Mogull Administrative and Educational Services Provided by: Charter Schools USA IN fX ILLENCECSCKfl THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND BUDGET FISCAL YEAR 2022/2023 Table of Contents City Manager's Budget Message..............................................................................................................i-x Comparative Personnel Allocation Summary............................................................................................viii Full-Time Staff Comparison Chart..............................................................................................................ix Organization Chart/Vision Statement.......................................................................................................xi INTRODUCTION ...................................................................................................................................... 1 Organization and Operations............................................................................................................2 Budget Process and Procedures.................................................................................................... 3-5 FinancialPolicies........................................................................................................................... 5-6 Philosophy and Essential Elements................................................................................................ 6-7 Curriculum .................................................................................................................................... 7-9 Performance Criteria Matrix.............................................................................................................. 9 Budget Preparation Calendar.......................................................................................................... 10 DEPARTMENT DESCRIPTION &SUMMARY OF FUND ....................................................................11-12 REVENUE PROJECTION &RATIONALE...........................................................................................13-16 BUDGETARY ACCOUNT SUMMARY BY EXPENDITURE FUNCTION...............................................17-27 K-3 Basic 5101............................................................................................................................... 18 4-8 Basic 5102............................................................................................................................... 19 Exceptional Student Program 5250................................................................................................. 20 Substitute Teachers 5901 ............................................................................................................... 21 Instructional Media Services 6200................................................................................................... 22 School Administration 7300 ............................................................................................................ 23 PupilTransit Services 7800 ............................................................................................................ 24 Operationof Plant 7900.................................................................................................................. 25 Child Care Supervision 9102........................................................................................................... 26 CapitalOutlay 7400........................................................................................................................ 27 AdoptingOrdinance............................................................................................................................29-33 11 FX FLLENCECSCK ' THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK • ,s P City ®f a : ,. Aventura. vGovernment Center ACES 19200 West Country Club Drive Cultivating Community Aventura, Florida 33180 Office of the City Manager May 11, 2022 The Honorable Mayor and City Commission Aventura City of Excellence School Board of Directors City of Aventura Aventura, Florida 33180 RE: 2022/2023 Charter School Fund Budget Message Members of the City Commission: In accordance with Article IV, Section 4.05 of the City of Aventura (the"City") Charter, I hereby submit the proposed Budget for the Charter School Fund for the fiscal year beginning July 1, 2022, for your review and consideration. This budget document represents the Aventura City of Excellence School's (the "School") 20t" year of operations. Our goal in the development and preparation of a realistic balanced budget was to provide the funding levels that are necessary to maintain quality educational services for its students. Budget Format/Transparency The format of the budget is in accordance with guidelines adopted by the State and School Board of Miami-Dade County, Florida and utilizes the school system's account codes as well. The proposed budget was prepared with input from the School's administrative staff and Charter Schools USA ("CSUSA"). Budget Implications Resulting from the Coronavirus ("COVID-19") Pandemic At the time this budget was prepared and for the last two years, COVID-19 has caused major disruption in international and U.S. economies and markets. Due to the fear of further spread of the virus, many of our societal norms have been altered due to quarantines, the cancellation of events and the overall reduction in business and economic activity. As we have seen, the impacts and responses to COVID-19 on a global, national, state and local level continue to evolve. With the rollout of the COVID-19 vaccine in FY 2021, things are slowly returning to normal and we can see the light at the end of the tunnel. Since the pandemic's full financial impact is unknown at this time, the Administration has prepared a i conservative budget by holding most operating revenues and expenditures relatively flat and increasing teacher compensation where needed. As the distribution of the COVID-19 vaccine continues and with the infusion of various Federal funding programs (i.e., CARES, GEER and ESSER), School operations will continue to stabilize and completely return to a "traditional" environment in the coming year. In the past, 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. The 2022/2023 operating budget has increased over the prior year by $1,097,430 or 10.4%, primarily due to the items which have been highlighted below: 1. At the time this document was prepared, the Florida Legislative Session approved a 4.36% increase for Miami-Dade County. The Administration projected revenue totals of $8,111,374 and is based on a 4.36% increase for an average of $7,860/student. This amount is calculated with data from the most recent FTE invoice with enrollment of 1,032 students. 2. Increases to teacher compensation resulting from a combination of the following: a. Normal salary increases consistent with the previously adopted performance pay plan. b. In lieu of the Miami-Dade County Referendum, $196,275 worth of additional stipends will again be provided to the teachers from the School's available Carryover. c. Fourteen (14) new positions funded by the Elementary and Secondary School Emergency Relief ("ESSER") Fund through the Coronavirus Aid Relief and Economic Security ("CARES")Act. Grant revenue of$767,378 will fund personnel costs for the 14 positions. 3. Increases to capital outlay for the replacement of laptops, tablets, an AC unit and phone system upgrade. These costs total $311,500 and will also be funded by the ESSER grant. 4. In addition, 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. 5. Build on a Foundation of Innovation — A one-to-one computing environment is being expanded to now include all students in grades Kindergarten through Eighth Grade. Students have the opportunity to collaborate through authentic integration of online creation tools, with a focus on embedded technology enhancing access to rigorous content and future-ready learning opportunities. Through these means students acquire 21s' 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. ii Summary of All Budgetary Funds The total proposed budget for 2022/2023, including all operating and capital outlay, is $11,656,029 and is broken down into the following categories: • Personnel Services — $8,113,209 or 69.6% • Operating Expenditures — $2,592,320 or 22.2% • Other Uses — $500,000 or 4.3% (primarily consisting of an $50,000 Contingency and $444,000 in lease payments to the Debt Service Fund to cover school construction- related debt payments. • Capital Outlay — $450,500 or 3.9%. The School has received and will receive additional Federal Funding as the Federal government continues to respond to the COVID-19 pandemic. The School will utilize such funds to further our investment in technology and other programs that are intended to enhance the students' total learning experience and social well-being. Other Uses Capital Outlay 4.3% 3.9% Operating Expenditures 22.2% Personnel Services 69.6% The following chart shows a comparison of the department's budgets for the past two (2) fiscal years. As previously indicated, total Revenues and Expenditures increased over the prior year by $1,097,430 or 10.4%, respectively. iii Charter School Budget Category Summary Increase 2021/22 2022/23 (Decrease) % Change State Shared Revenues $ 8,779,250 $ 10,236,374 $ 1,457,124 16.6% Charges for Services 520,000 346,000 (174,000) -33.5% Miscellaneous Income 579,000 579,000 - 0.0% Other Non-Revenues 680,349 494,655 (185,694) -27.3% $ 10,558,599 $ 11,656,029 $ 1,097,430 10.4% Expenditures K-3 Basic 5101 $ 2,795,679 $ 3,016,263 $ 220,584 7.9% 4-8 Basic 5102 3,487,527 3,811,537 324,010 9.3% Exceptional Student Program 5250 289,400 385,404 96,004 33.2% Substitute Teachers 5901 146,887 267,288 120,401 82.0% Instructional Media Services 6200 113,734 113,230 (504) -0.4% School Administration 7300 1,142,713 1,257,616 114,903 10.1% Pupil Transit Services 7800 217,757 279,842 62,085 28.5% Operation of Plant 7900 2,046,402 2,038,349 (8,053) -0.4% Child Care Supervision 9102 150,000 36,000 (114,000) -76.0% Capital Outlay 7400 168,500 450,500 282,000 167.4% Total Expenditures $ 10,558,599 $ 11,656,029 $ 1,097,430 10.4% Charter School Fund This fund is used to account for revenues and expenditures specifically earmarked for the City's Charter School (i.e., operating and capital revenues and expenditures). Charter School Fund Budget Revenues State Shared Revenues 87.8% Charges for Services 3.0% Miscellaneous Income 5.0% �I Other Non-Revenues 4.2% Iv Charter School Fund Budget Expenditures Substitute Teachers Exceptional Student 5901 Instructional Media Program 5250 2.3% Services 6200 3.3% School Administration 7300 10.8% 4-8 Basic 5102 32.7% Operation of Plant Pupil Transit 7900 Services 7800 17.5% 2.4% K-3 Basic 5101 25.9% 4 r Child Care Supervision 9102 0.3% Capital Outlay 7400 3.9% During the past year a great deal of time and effort was expended on professional development and curriculum alignment based on Florida's B.E.S.T. Standards, Science of Reading, and Social Emotional Learning. A strong focus has been placed on increasing parental involvement, student accountability, and data-driven instructional decisions in all grades and core subjects. ACES continues to maintain an emotionally responsive discipline model by incorporating mindfulness, focusing on learning gains and student growth at all levels while addressing learning loss related to disruptions caused by COVID-19, and identifying and working with at-risk students who make up our bottom 25% and special populations. In the coming year, we will maintain and expand all of the present academic programs with a continued emphasis on professional development and implementation related to the Florida B.E.S.T. Standards while implementing and integrating Cambridge curriculum. Given the uncertainty around the new progress monitoring assessment system, we will focus heavily on diagnostic testing, standard-aligned spiraled instruction and intervention in math and reading to develop and implement personalized learning for each student. New technology skills and resources will be leveraged to meet student academic and social-emotional needs. ACES students will thrive as we navigate through these unprecedented challenges. The School will enrich each child's learning and social-emotional needs through the following: • Whole Child Approach — Emphasis will be placed on the "whole child" to ensure that academic rigor coexists with social responsibility. • Character Education — Continue to implement the School's Cloud-9 (K-5) and Second Step (6-8) programs along with our school-wide initiative to be designated as v a No Place for Hate school. We will continue to encourage students, families and communities to work together as "upstanders". • Mindfulness — Students will have opportunities to learn strategies to self-regulate, improve decision making, and reduce stress and anxiety through mindfulness exercises. • Challenging Curriculum — Offer high school level courses in the areas of Math, Science and Foreign Language. • Curriculum Alignment — Increase academic rigor through the vertical alignment of the school's reading, writing and math programs kindergarten through eighth grade while collaborating with Don Soffer Aventura High School to increase vertical alignment. • Differentiation of Instruction— Provide specialized programs for at-risk learners, on- level learners and gifted students. • Technology Rich Environment — A combination of mobile learning labs, interactive technology, personal computing devices and virtual learning platforms, create a dynamic educational environment. The school community is an energized, vibrant hub of learning where problem solving and innovation are fostered. Imbedded professional development is central to ensuring staff are empowered with the knowledge and impetus to drive innovative instructional programming. • Extended School Day Programs/Activities — Offer a variety of opportunities including Before Care and After Care, Sports Study, several Dance programs, French Classes, Chess Club, Science Tutorial, Writing Tutorial, Reading and Math Computerized Program, Typing Program, Robotics, Mind Lab, Math Matters, Manner Academy, Art Enrichment and Saturday Academy. • Sponsored Clubs— Green Team, Model United Nations Club, Robotics Club, Coding Club and gender specific Mentoring Clubs. • Field Trips — Experience hands-on content, living history, ecological studies, guest authors and a variety of culturally rich opportunities through a combination of on and off campus field trips. • School-Wide Events — Organize various events such as Career Day, Red Ribbon Week, Arbor Day, Peace Day and Field Day. • Career Awareness and Entrepreneurship — Register all eighth-grade students in a comprehensive course that will allow them to begin career planning. • STEAM (Science, Technology, Engineering, Art and Math) Initiative — Supporting the development and implementation of grade level specific projects focused on student creation, problem solving and interdisciplinary study. • Competitive Athletics — Compete at the middle school level in the International Athletic League. The School fields a boys and girls team for both basketball and soccer. Offerings also include a competitive flag football and volleyball teams as well as a Cheerleading Squad. • Intramural Athletics—Afford students at the middle school level opportunities to play intramural basketball and volleyball. • Family Events — Make available various events that include Meet and Greet, Open House, Kindergarten Kickoff, Student of the Month, Book Fair Family Night, Winter Showcase, Graduation Ceremonies, Talent Showcase and Quarterly Principal's Honor Roll Breakfasts. • Parent Education — Execute FSA ELA, math, writing and FCAT science nights that present parents with information related to state standards and accountability testing. vi Monthly parent workshops related to social, emotional and physical wellbeing of children and families. Monthly "Coffee Connections" showcasing the School's initiatives and accomplishments. An increased number of evening and virtual events will be held to accommodate working parents. • Transportation — Four (4) school buses are currently utilized to provide school bus service to approximately 370 students who live more than two (2) miles and no further than three and (3.5) miles from the School. • Safe School Campus—The City provides a full-time certified police officer who serves as a School Resource Officer. This individual provides instruction to students related to making strong life choices and is viewed as a role model. Security measures have been and continue to be reviewed and enhanced to ensure the safety of students and faculty. Expenditures The estimated 2022/2023 proposed budgeted expenditures contained within this budget total $11,656,029 and are balanced with the projected revenues. Personnel Services Personnel Services are budgeted at $8,113,209 or 69.6% of the budget and includes 14 new positions. All 14 positions will be funded by the Elementary and Secondary School Emergency Relief (ESSER) grant. Teacher compensation has been increased to reflect the performance pay plan instituted four (4) years ago in accordance with Florida Statute 1012.22, rewarding teachers who are rated developing, effective and highly effective. In addition, teacher compensation includes additional stipends that have been previously described. The total number of employees increased to 119 (108 full-time and 11 part-time). Included in the full-time positions are 97 instructional staff members and the School Nurse. The Principal, two (2) Assistant Principals and Trades Worker II are employees of the City while all other employees are under contract with CSUSA. vii Charter School Fund Comparative Personnel Allocation Summary 2 -Year Presentation 2021/22 2022/23 Function/Job Class Full-Time Part-Time Total Full-Time Part-Time Total K-3 Basic 5101 Teacher 31.00 31.00 31.00 31.00 Other Certified Instruction Assistant Principal 1.00 1.00 1.00 1.00 ESE Teacher 1.00 1.00 1.00 1.00 Instructional Counselor 1.00 - 1.00 1.00 - 1.00 Teacher Assistant - 7.00 7.00 - 7.00 7.00 Administrative Assistant 1.00 - 1.00 1.00 - 1.00 Subtotal 35.00 7.00 42.00 35.00 7.00 42.00 4-8 Basic 5102 Teacher 44.00 - 44.00 44.00 - 44.00 Other Certified Instruction Assistant Principal 1.00 1.00 1.00 1.00 Math Coach 1.00 - 1.00 1.00 - 1.00 Comm Spec/Instructional Asst. - 1.00 1.00 - 1.00 1.00 Subtotal 46.00 1.00 47.00 46.00 1.00 47.00 Exceptional Student Program 5250 Teacher 2.00 - 2.00 2.00 - 2.00 Other Certified Instruction Dean of Student Services 1.00 1.00 1.00 1.00 Subtotal 3.00 3.00 3.00 3.00 Substitute Teachers 5901 Pool Sub 1.00 1.00 1.00 1.00 Instructional Media Services 6200 Media Specialist 1.00 - 1.00 1.00 - 1.00 Media Assistant - 1.00 1.00 - 1.00 1.00 Subtotal 1.00 1.00 2.00 1.00 1.00 2.00 School Administration 7300 Principal 1.00 - 1.00 1.00 - 1.00 Dean 1.00 1.00 1.00 1.00 Other Support Personnel Receptionist 2.00 2.00 2.00 2.00 Administrative Secretary 1.00 1.00 1.00 1.00 Registrar/Compliance/ESE Support 1.00 1.00 1.00 1.00 Business Manager 1.00 1.00 1.00 1.00 Netw ork/Computer Tech 1.00 1.00 1.00 1.00 School Nurse 1.00 1.00 1.00 1.00 Subtotal 9.00 9.00 9.00 9.00 Operation of Plant 7900 Other Support Personnel Trades Worker II 1.00 1.00 1.00 1.00 Subtotal 1.00 1.00 1.00 - 1.00 Grant Funded positions (ESSR) Teachers/Administration Support - - - 12.00 2.00 14.00 Total 96.00 9.00 105.00 108.00 11.00 119.00 VIII Full-Time Staff Comparison 110 108 105 100 96 96 9 95 93 94 94 90 85 2016/17 2017/18 2018/19 2019120 2020/21 2021/22 2022/23 Operating Expenditures The operating expenditures total $2,592,320, representing 22.2% of the proposed budget. This is $42,215 less than the prior year and includes the following major items: • Other materials and supplies - $133,500 • Textbooks - $163,000 • Building maintenance contract - $223,658 • After School Programs - $100,000 • Field Trips and School Events - $162,000 • Transportation services contract - $279,842 • CSUSA planning/management fee - $306,000 • MDCPS administrative fee - $158,100 • Food services - $280,000 • Electricity - $130,000 • Repairs and maintenance - $103,500 Other Uses Other Uses budgeted expenditures total $500,000 (4.3% of the proposed budget) and primarily consist of an $50,000 Contingency and $444,000 in lease payments to the Debt Service Fund to cover school construction-related debt payments. Capital Outlay A total of $450,500 (3.9% of the proposed budget) has been budgeted to provide for technology enhancements that include the replacement of staff laptops, student tablets, a phone system upgrade, middle school boys restroom renovation and replacement of an HVAC unit. ix Summary Even during these very difficult and challenging economic times, due to the City Commission's commitment, continued interest and support in planning and conducting the School's financial operations in a responsible and progressive manner, I am able and pleased to submit this detailed budget document. The budget and its related funding levels representing the City's continued commitment to providing a school of excellence for our community under any circumstances. The 2022/2023 proposed budget contains funding levels to address the following key objectives: • Increases in teacher compensation designed to attract and retain highly-qualified teachers. • Hiring and retaining administrators and teachers who are well prepared for creating life-long learners in their students as well as acting as role models in their own quest for knowledge on the latest "best practices" in educational research to enhance their teaching abilities. • Putting into place a strong accountability system that will hold everyone at the School responsible for maximizing learning opportunities. • Creating a school climate that enables students and teachers to feel they are cared for, respected and contributing members of the School. • Maintain a low staff-pupil ratio in order to enhance the development of the individual strengths of each student. • Continuing to use data to evaluate the efficacy of instructional programs. • Developing a strong parent-teacher relationship. • Maximizing the use of technology embedded in the classroom instruction through the implementation of increased wireless network capabilities, mobile labs, classroom labs, interactive televisions, IPad carts and one-to-one computing to enhance instruction in all grades K-8. The preparation and formulation of this document could not have been accomplished without the assistance and dedicated efforts of the School's Administration and the Finance Department. I am also extremely grateful to the City Commission for their continued support in ensuring that this School remains the Aventura City of Excellence School. An Aventura Special City Commission Workshop will be held on May 17, 2022 to review the proposed budget document in detail. Please refer any questions relating to the enclosed budget to my attention. Respectfully submitted, Ronald J. sson City Manager x CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL Organization Chart X��LENC€SCHa�� ACES Governing Board City Manager CSUSA Administrative/ school Educational Advisory Services Committee Principal k School Operations L Vision Statement To join with our community to become the premier charter school in the nation, where academic excellence coexists with the promotion of innovation and exploration grounded in an atmosphere of social responsibility. xi i 2 0 fX IL HCECSC�Vx THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK xii CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 fX ILLENCECSCW"" INTRODUCTION 1 Organization and Operations The School is a special revenue fund found within the City's financial statements. The School commenced operations in August 2003 in the City and offers classes for kindergarten through eighth grade with a projected enrollment of 1,032 for the 2022/2023 proposed budget. The School is funded from public funds based on enrollment and may 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 its operations. 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 sixth through eighth. In 2012, the School amended the charter to increase the School capacity from 972 to 1 ,032 over five (5) years commencing with fiscal year 2012/13. 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 and operates under a Commission-Manager form of government. Management Contract The City has a contract with Charter Schools USA ("CSUSA") for administrative and educational management services for the operations of the School. All School staff, except the Principal, two (2)Assistant Principals (Dean of Student Services and Dean of Curriculum) and the Trades Worker II, are employees of CSUSA. Total fees projected to be paid to the management company for fiscal year 2022/2023 are $306,000. The majority of the other expenditures that are reimbursed by the City to CSUSA relate to the teachers' salaries and benefits. The current agreement with CSUSA provides an initial term for five (5) years through June 30, 2023. School Advisory Committee ("SAC") The Charter School Advisory Committee was established to facilitate the achievement of the School's mission; for its members to serve on the Educational Excellence School Advisory Council ("EESAC") and to provide input to the City Manager and Principal regarding fundraising efforts, school budget and school issues. Members of SAC will be responsible for developing and implementing the School's fundraising projects. This is a working Committee as it relates to school fundraising efforts. The Board consists of five (5) members, each of whom are parents of the School's children, elected by the parents of school children. The representatives will be as follows: • kindergarten to fourth grade —two (2) representatives • fifth grade to eighth grade —two (2) representatives • At large kindergarten to eighth grade —one (1) representative 2 Budget Process and Procedures Budget Preparation/Development January: Meetings are held with the City Manager, Principal and school staff to develop Goals and to discuss issues that may impact the budget for the upcoming schoolyear February: The following steps are taken to prepare preliminary revenue projections and forecasts developed by the Finance Department for the City Manager's review: • Forecast student enrollment. • The State's Florida Education Finance Program ("FEFP") per student allocation is projected by the State and provided to the School. • Capital Outlay funding is determined by the State based on available funding. March: The following steps are taken to forecast the School's personnel needs that are developed from input from the Principal and staff: • Review existing staffing requirements to ensure adequate coverage for student needs and new programs. • Review the current salary structure to ensure competitiveness within the School District. • Obtain benefit calculations such Pension; Health, Life and Disability Insurance; Dental Insurance and Workers' Compensation from CSUSA for each qualifying employee. April: Individual expenditure line items are developed by the Finance Department based on input from the Principal and through analysis of historical data. A draft of the budget document is prepared by the Finance Department which will be is reviewed by the City Manager and the Principal. April/May: The budget is reviewed by the School Advisory Committee. The City Manager submits the proposed budget to the City Commission (for adoption) who acts as the School's Board of Directors. June: The adopted budget is entered into the accounting system. July 1. The adopted budget becomes effective. Budget Adoption The Charter School budget is approved via Ordinance at two (2) City Commission public meetings scheduled for May 17, 2022 and June 14, 2022, respectively. The adopted budget is entered into the accounting system effective July 1, 2022. Budget Control/Monitoring Funds appropriated in the budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the budget and shall 3 constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. The budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School Department for operating and capital expenditures may not be increased or decreased without specific authorization by a duly- enacted Ordinance affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one (1) individual line item account to another, so long as the line item accounts are within the same department and fund. The "Personnel Allocation Summary" enumerates all of the School's authorized budgeted positions. The City Manager may amend said authorized budgeted positions in order to address the operating needs of the Department so long as sufficient budgeted funds are available. The budget is monitored on a monthly basis to track variances between actual and budgeted amounts. Significant variances are investigated and monitored for corrective action. Quarterly review meetings are held with the Principal and City Manager. Encumbrances do not constitute expenditures or liabilities in the current year, but instead are defined as commitments related to unperformed contracts for goods or services, which are only reported in governmental funds. Budget Amendment Upon the passage and adoption of the City's Charter School Fund Budget, if the City Manager determines that the department total will exceed its original appropriation, the City Manager is authorized to prepare such Ordinances for consideration by the City Commission as may be necessary and proper to modify any line item from the Budget. Basis of Accounting Basis of Accounting refers to the time period when revenues and expenditures are recognized in the accounts and reported on the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The accrual basis of accounting is followed for the proprietary fund types. The modified accrual basis of accounting is followed in the governmental fund types and the expendable trust funds type. Under the modified accrual basis of accounting, revenues are recorded when susceptible to accrual, that is, when they are both measurable and available. Available means collectible within the current period or soon enough thereafter to pay current liabilities. Expenditures are generally recognized under the modified accrual accounting when the related fund liability is incurred. Exceptions to the general rule are principle and interest on general long-term debt which is recognized when due. The Charter School Fund Budget applies all applicable Government Accounting Standards Board ("GASB") pronouncements as well as the following pronouncements issued on or before November 30, 1989, unless those pronouncements conflict with or contradict GASB pronouncements: Financial Accounting Standards Board ("FASB") statements and interpretations, Accounting Principles Board ("APB") opinions and Accounting Research Bulletins ("ARB"s). 4 During June 1999, the GASB issued Statement No. 34. This statement established new accounting and financial reporting standards for state and local governments. The Charter School Fund implemented the new financial reporting requirements of GASB 34. Financial Policies The School's financial policies, as outlined below, set forth the basic framework for its overall fiscal management. Operating independently of changing circumstances and conditions, these policies assist the decision-making process of the City Manager and the School's Administration. These policies provide guidelines for evaluating both current activities and proposals for future programs. Most of the policies represent long-standing principles; traditions and practices that have guided the School in the past and have helped maintain financial stability. They are reviewed annually as a decision-making tool and to ensure their continued relevance in an ever- changing environment. Operating Budget Policies 1. At a minimum, the School will maintain an accessible cash reserve equivalent to four (4) weeks of operating costs. 2. No new or expanded services shall be implemented without a corresponding revenue source or the implementation of trade-offs of expenditures or revenues at the same time. This applies to personnel, equipment and any other peripheral expenditures associated with the service. 3. The School shall continue to support a scheduled level of maintenance and replacement of its infrastructure. 4. The School shall support capital expenditures that reduce future operating costs. Capital Budget Policies 1. The School will develop a multi-year capital improvement plan that is updated annually. 2. The School will maintain its physical assets at a level adequate to protect the School's capital investment and minimize future maintenance and replacement costs. The budget will provide for the adequate maintenance and the orderly replacement of the capital equipment from current revenues wherever possible. 3. The School will provide sufficient funds to replace and upgrade equipment as well as to take advantage of new technology thereby ensuring that employees have safe and efficient tools to provide their service. It reflects a commitment to further automation and use of available technology to improve productivity in the School's work force. The objective for upgrading and replacing equipment includes: (1) normal replacement as equipment completes its useful life, (2) upgrades to new technology, and (3) additional equipment necessary to service the needs of the School. 4. The School will use the following criterion to evaluate the relative merit of each capital project. Capital expenditures will foster the goals of: a. Projects specifically included in an approved replacement schedule. b. Projects that reduce the cost of operations. C. Projects that significantly improve safety and reduce risk exposure. 5 Revenue Policies 1. The School will attempt to maintain a diversified and stable revenue system as a shelter from short-run fluctuations in any single revenue source. 2. The School will attempt to obtain new revenue sources as a way of ensuring a balanced budget. 3. The School will annually review fees/charges and will design or modify revenue systems to include provisions that automatically allow charges to grow at a rate that keeps pace with the cost of providing the service. Cash Management/Investment Policies 1. All cash received by the School's Business Manager is secured at the School until it is remitted (at least weekly) to the City's Customer Service Representative II who prepares it for prompt deposit by armored courier. 2. Investment of School funds will emphasize safety of capital, liquidity of funds and investment income. 3. The School will aggressively seek the collection of revenues, including any past due amounts owed. Reserve Policies The School will maintain a fund balance of at least $75,000. Accounting, Auditing, and Financial Reporting Policies 1. An independent audit will be performed annually. 2. The School will produce annual financial reports in accordance with Generally Accepted Accounting Principles ("GAAP") as outlined by the GASB. 3. 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. Philosophy and Essential Elements The School's staff believes that they have a responsibility to create a school climate that enables every individual to feel cared for, respected and to act as contributing members of the School culture. All students can learn and will be encouraged to strive for academic excellence and personal growth that will enable them to be productive and active members of society. In the practical application of this philosophy, opportunities shall be provided to- 1. Develop in each student and professional staff member a sense of self-worth and a positive self-concept. 2. Imbue such character traits as honesty, integrity, compassion, respect, cooperation, humility, happiness and responsibility toward each other, our community and our world. 3. Develop in each student an understanding of and responsibility for making positive personal and social choices. 4. Improve upon the quality of instruction and curriculum by increasing the effectiveness of teachers and their teaching through ongoing professional development. 6 5. Provide each student with experiences to develop an awareness of good health habits and attitudes for living by encouraging each student to perceive learning as a life-long continuing process from pre-school through adulthood. 6. Encourage, through educational reporting, City and District officials, the citizens of Aventura and the professional staff to support quality education in the School. 7. Use assessment data to identify and track student achievement and learning goals. 8. Develop school programs based on "best practices" to promote learning gains. 9. Develop strong parent-teacher-student relationships. 10. Provide a strong accountability system that holds everyone in the school community responsible for maximizing learning opportunities. 11. Provide a low student-teacher ratio in order to enhance the development of the individual strengths of each student. 12. Provide additional staff members for enrichment and remediation services. 13. Develop in each student the ability to think critically, make inferences, apply knowledge to new settings and use these skills to make wise choices. Curriculum The School will fully incorporate the B.E.S.T. standards in alignment with the State of Florida's guidelines. ACES' goals for student learning are coordinated or integrated across different disciplines. The curriculum's sequence is rational, with more complex ideas building on simpler ones, respecting each student's developmental levels and prior learning. Teachers and students are accountable for all state and local assessments in addition to internal formal and informal assessments and observations. Classroom teachers utilize technology daily to reinforce instruction and offer opportunities for independent practice. Students in second through eighth grade will utilize Chromebooks throughout the day to enhance instruction, while students in kindergarten and first grade have an iPad cart in each. The students have access to a multitude of online resources and individualized instructional programs at home and at the School. Sixth grade students enroll in a semester technology course, with an emphasis on keyboarding and critical thinking. Seventh grade students are required to enroll in a year-long Computer Concepts/Coding course designed to expose them to all facets of the technology available to them. Eighth grade students take a year-long technology aided career awareness and entrepreneurship course. Wireless internet access is available throughout the campus. The School offers a variety of programs to meet the needs of all learners. The English Language Learners ("ELL") program is offered to students who are working toward English language proficiency. Classroom teachers servicing ELL students have undergone special training related to strategies that enhance language acquisition. The School's ELL Coordinator collaborates with classroom teachers related to instructional modifications that aide in content comprehension. Exceptional Education ("ESE") students are serviced within the general classroom, reducing social stigmas and enhancing the continuity of instruction. The ESE teachers collaborate with classroom teachers to ensure that "strategies for success" are implemented in all subject areas. 7 Students with speech and language needs are serviced by a Speech and Language Pathologist and students with occupational therapy needs are serviced by a specialist. These programs are offered to students who qualify for services based on School District requirements. At-risk readers are targeted through a variety of intervention courses and strategies. The School's Collaboration Team teaches at-risk-readers in Kindergarten through eighth grade in small group settings. This supplemental reading program provides intensive instruction using research-based programs such as Wonders, Fundations , Reading Plus and I Ready. At-risk readers in middle school enroll in an intensive reading course which offers a one to one computing environment to target specific reading deficiencies. Students in need of additional support related to test-taking strategies, organization and study skills are enrolled in a specially designed elective class that provides support specific to their needs. The School is focused on meeting the needs of all students. To this end, the School offers a variety of extended school day programs. These programs target student needs and are offered both before and after school. These programs include small group writing instruction, focused math tutorials, science study group, civics study group, after-school tutoring and a Saturday reading and math academy. Gifted students in grades Kindergarten through eighth grades will receive "Gifted Instruction" in English Language Arts and Reading daily. Project-based applications encompassing the sciences, arts, math, and language allow students an opportunity to combine their creativity and practical knowledge. A science specialist works with all students, grades second through fifth grade on a weekly basis by providing integrated labs in their classrooms. A science lab program provides students with hands-on application of core curriculum. Students in fifth grade experiment in the science lab two (2) times per week. The lab facilitator co-teaches with the classroom teacher to ensure instruction and labs are seamlessly aligned. All middle school students enroll in comprehensive science courses that emphasize hands-on investigation. Students are exposed to eco-literacy through participation in the outdoor garden project. The School's modern language program places emphasis on four (4) basic components of language acquisition (e.g., listening, speaking, reading and writing). Students build an understanding of the relationship between perspectives and products of various cultures. Middle school students enroll in introduction to Spanish and can elect to take high school honors level Spanish 1. The elementary Spanish program is offered to all kindergarten through fifth grade students and emphasizes cultures and conversational speaking. The School's middle school program offers academic rigor in conjunction with an extraordinary selection of extracurricular activities and elective programs. Students have the opportunity to enroll in high school honors level Cambridge Pre-AICE courses in math and science in addition to Honors Spanish. All student select one (1) of eighteen (18) elective courses. Elective courses include Digital Communications, Modern Dance, Art, Guitar, Debate, Tech Squad, Robotics, Personal Fitness, Team Sports, Physical Education, Spanish, Peer Mentoring, Gardening, STEAM, Study Skills, Yoga and Drama. All middle school students are invited to participate in after-school teams including volleyball and basketball. The School also participates in the Independent Athletic League and offers competitive boys 8 and girls basketball and competitive boys and girls soccer, competitive girls volleyball and boys flag football. These programs are funded through the school budget and are offered at no cost to students. Elementary school students also enjoy a variety of special subject classes daily. These subjects include art, physical education, technology, media, Spanish and music. Each Friday, Elementary students participate in a club. Clubs vary from year-to-year based on student interest and currently include the following; Karaoke, Baton, LEGO Builders, Just Dance, Peer Mentors, Puppet Theatre, Scrapbooking, Puzzle Mania, Contemporary Dance, Middle Eastern Dance, Drama and Improv., Chorus,Yoga, Basketball, Harry Potter and Zumba Kids. Performance Criteria Matrix ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL PERFORMANCE CRITERIA 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 The State of Florida A+Plan Grade shall be no lower than a"B". A A A A N/A N/A Percent of parents that completed all 20 required volunteer hours by the end of the year. 100% 100% 100% 100% N/A 100% Number of students enrolled shall be 95%of the number allowed by the School Charter. 100% 100% 100% 100% 100% 100% The year-to-year staff retention rate shall be 90%. 98% 98% 98% 98% 95% 93% The percentage of parents who on the Parent Survey agree or strongly agree to the statement that"I would recommend the Charter School to a friend"is 90%. 99% 99% 99% 97% 99% 99% The audits required by State Law and the Charter shall indicate that the financial statements are presented fairly and that tests of compliance with laws and regulations and consideration of the internal ✓ ✓ ✓ ✓ ✓ ✓ control over financial reporting disclose no instances of non- All in All in All in All in All in All in compliance, nor any material weaknesses. Compliance Compliance Compliance Compliance Compliance Compliance Class size and student/classroom teacher ratios shall be maintained ✓ ✓ ✓ ✓ ✓ ✓ throughout the school year at 18:1 for kindergarten through third grade All in All in All in All in All in All in and an average of 22:1 for all grades fourth through eighth. Compliance Compliance Compliance Compliance Compliance Compliance Reading-Percent of Students in the School on grade level and above in Reading. This is based on the Florida Standards and exhibited in proficiency on the Florida Standards Assessment("FSA"). 82% 84% 87% 87% N/A 80% Math-Percent of Students in the School on grade level and above in Math. This is based on the Florida Standards and exhibited in proficiency on the FSA. 88% 88% 95% 92% N/A 81% All Students will achieve high science standards as measured by Sunshine State Standards Performance Standards. 86% 78% 82% 81% N/A 70% N/A-did not apply in 2019/20 and 2020/21 due to the impacts of COVID-19. 9 Budget Preparation Calendar FISCAL YEAR 2022/2023 TIMEFRAME RESPONSIBILITY ACTION REQUIRED January Principal & School Staff Meetings are held to develop Goals City Manager and to discuss issues that may impact the upcoming school budget. February Finance Department Preliminary revenue projections and City Manager forecasts are developed. March Principal & School Staff Personnel needs are developed and Finance Department forecasted based on input from the Principal and School Staff. April Principal Individual expenditure line items Finance Department are developed based on input from the Principal and the analysis of historical data. Finance Department A draft of the budget document is City Manager prepared by the Finance Principal Department which will be reviewed by the City Manager and the Principal. April 27 School Advisory Committee The budget is reviewed by the School Advisory Committee. May 17 City Manager The City Manager submits the City Commission budget to the City Commission who (the School's Board of Directors) acts as the School's Board of Directors on 1st Reading. June 14 City Manager The City Manager submits the City Commission budget to the City Commission who (the School's Board of Directors) acts as the School's Board of Directors on 2nd Reading. June 15 Finance Department The adopted budget is entered into the accounting system. July 1 School Department The adopted budget becomes effective. 10 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 0 f#TVRA �'�FLLEHCECSCK ' DEPARTMENT DESCRIPTION SUMMARY OF FUND 11 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 DEPARTMENT DESCRIPTION This Department is responsible for the organization, operation and management of the City's Charter School. By focusing on low student teacher ratios, high academic standards and parental participation, the School provides a first-class learning environment for the City's children. The School operations are provided in conjunction with a management services contract with Charter Schools USA. Budget Category Summary 2020/21 2021/22 2021/22 2021/22 2022/23 APPROVED ACTUAL PROJECTED CITY MANAGER ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL State Shared Revenues $ 8,786,523 $ 8,779,250 $ 6,548,989 $ 9,044,026 $ 10,236,374 Charges for Services 147,031 520,000 132,857 180,000 346,000 Miscellaneous Income 253,251 579,000 636,269 680,231 579,000 Other Non-Revenues 100,000 680,349 510,262 680,349 494,655 $ 9,286,805 $ 10,558,599 $ 7,828,377 $ 10,584,606 $ 11,656,029 EXPENDITURES K-3 Basic $ 2,766,754 $ 2,795,679 $ 2,303,226 $ 2,988,044 $ 3,016,263 4-8 Basic 3,480,470 3,487,527 2,992,656 3,830,094 3,811,537 Exceptional Student Program 370,978 289,400 246,156 323,067 385,404 Substitute Teachers 186,894 146,887 136,844 176,218 267,288 Instructional Media Services 102,717 113,734 82,024 109,317 113,230 School Administration 945,715 1,142,713 848,099 1,105,840 1,257,616 Pupil Transit Services 194,582 217,757 143,852 217,757 279,842 Operation of Plant 1,926,690 2,046,402 1,472,046 1,948,848 2,038,349 Child Care Supervision 68,827 150,000 24,417 22,500 36,000 Capital Outlay 412,193 168,500 268,245 328,463 450,500 �Wenditures $ 10,455,820 $ 10,558,599 $ 8,517,565 $ 11,050,148 $ 11,656,029 Budget Account Summary by Expenditure Function 2020121 2021122 2021122 2021122 2022123 APPROVED ACTUAL PROJECTED CITY MANAGER ECATEGORYRECAP ACTUAL BUDGET 313112022 613012022 PROPOSAL Personnel Services $ 7,298,311 $ 7,217,564 $ 5,731,947 $ 7,568,240 $ 8,113,209 Operating Expenditures 2,300,170 2,637,535 2,184,373 2,709,445 2,592,320 Other Uses 445,146 535,000 333,000 444,000 500,000 Capital Outlay 412,193 168,500 268,245 328,463 450,500 Total $ 10,455,820 $ 10,558,599 $ 8,517,565 $ 11,050,148 $ 11,656,029 12 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 0 rNTURA �'�FLLEHCECSCK ' REVENUE PROJECTION RATIONALE 13 2020/21 2021/22 2021/22 2021/22 2022/23 APPROVED ACTUAL PROJECTED CITY MANAGER DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL State Shared Revenues: School Lunch Reimbursement $ 115,433 $ 100,000 $ 151,704 $ 200,000 $ 100,000 Florida Education Finance Program(FEFP) 7,880,543 7,775,783 5,780,244 7,785,296 8,111,374 Florida School Recognition Program Awards i - 101,000 94,030 94,030 - E-Rate Program 28,954 12,000 - - 12,000 Transportation 42,572 135,790 39,356 55,000 164,650 Capital Outlay 658,364 654,677 483,655 595,007 719,472 Grant Revenue 60,657 - - 314,694 1,128,878 Subtotal $ 8,786,523 $ 8,779,250 $ 6,548,989 $ 9,044,026 $ 10,236,374 Charges for Services: Food Service Fees $ 32,040 $ 180,000 $ 37,149 $ 50,000 $ 180,000 After School Programs 114,991 340,000 95,708 130,000 166,000 Subtotal $ 147,031 $ 520,000 $ 132,857 $ 180,000 $ 346,000 Miscellaneous Income: Interest Earnings $ 6,435 $ 2,000 $ (3,206) $ - $ 2,000 Miscellaneous Revenues 58,583 200,000 53,918 70,000 200,000 Sport Program Fundraising 2,228 9,000 6,477 9,000 9,000 Field Trips/Special Programs 22,587 170,000 77,849 100,000 170,000 Other Private Source Revenue 163,418 198,000 501,231 501,231 198,000 $ 253,251 $ 579,000 $ 636,269 $ 680,231 $ 579,000 Other Non-Revenues: Transfers In $ 100,000 $ 150,000 $ 112,500 $ 150,000 $ 150,000 Carryover - 530,349 397,762 530,349 344,655 Subtotal $ 100,000 $ 680,349 $ 510,262 $ 680,349 $ 494,655 Total Revenues $ 9,286,805 $10,558,599 $ 7,828,377 $ 10,584,606 $ 11,656,029 Revenues The revenues available for allocation in the 2022/2023 proposed budget are anticipated to be $11,656,029. This is a net increase of$1,097,430 or 10.4% compared to the prior year budget resulting primarily from the following: • At the time this document was prepared the Florida Legislative Session approved a 4.36% increase for Miami-Dade County. The Administration projected revenue totals of $8,111,374 and is based on a 4.36% increase for an average of $7,860/student. This amount is calculated with data from the most recent FTE invoice. Enrollment of 1,032 students is flat compared to prior year, however, FTE funds are anticipated to increase by 4.36% in comparison to the current year per capita amount. • Grant funding was allocated to ACES through the Coronavirus Aid Relief and Economic Security ("CARES") Act for the Elementary and Secondary School Emergency Relief("ESSER") Fund. Grant revenue of$1,128,878 will mostly fund personnel costs for 14 positions as well as capital items such as replacement of laptops, tablets and an AC unit. • Capital Outlay revenue totals $719,472 and is based on an average of $697/student. This amount is in line with the most recent FTE invoice and Capital Outlay Worksheet. With flat enrollment versus the current year, Capital Outlay funds are anticipated to 14 remain relatively flat in comparison to the current year per capita amount. • Carryover funds total $344,655 which is a decrease of $185,694 (35.0%) from the current year. These funds will be utilized for: o Normal increases in teacher compensation (averaging about 2.5%). o Additional stipends in the amount of $196,275 that the City is providing to increase teacher compensation in lieu of the Miami-Dade Referendum. o Conservative budgeted revenue projections in light of the global pandemic impact of COVID-19. Revenue Projection Rationale FISCAL YEAR 2022/2023 State Shared Revenues — totals $10,236,374 and is based on multiple revenue categories primarily comprised of the following: School Lunch Reimbursement Revenues — estimated to be $100,000. School Lunch Reimbursement $125,000 $100,000 $75,000 $50,000 $25,000 $ Florida Education Finance Program Revenues — totals $8,111,374 and is based on an average of$7,860/student. FTE funds are anticipated to increase by 4.36% in comparison to the current year per capita amount. Florida Education Finance Program (FEFP) $1,500 C f0 $7,000 $6,500 15 Transportation Reimbursement Revenue — totals $164,650 and is based on 370 students requiring bus service. Transportation $175,000 $150,000 $125,000 $1oo,00a $75,000 $50,000 $zs,00 S �oy�`tia �oy�,yo �o�o`�ti �o��,yti 41�'3 Capital Outlay revenue totals $719,472 and is anticipated to increase by 9% in comparison to the current year per capita amount. Capital Outlay includes the following: Local Capital Improvement Revenue — Passed by the Florida Legislature in 2017, HB 7069 requires school districts to give a proportionate share of local capital millage revenue to eligible charter schools operating in their county, with their share determined by the number of students each school enrolls. The law was subject to challenge by 14 school districts in the courts and was upheld by a circuit court in Tallahassee. Charges for Services —totals $346,000 is based on two (2) revenue categories comprised of the following: • Food Service Fees — estimated to be $180,000. • After School Programs—includes revenues derived from fees charged for After School Programs and is estimated to be $166,000. Miscellaneous Income — totals $579,000 and is based on multiple revenue categories comprised of the following: • A very conservatively budgeted Interest Earnings of$2,000. • Miscellaneous Revenues of $200,000 (i.e., Bazaar, Book Fair, Dress Down, NSF Checks, Teacher Appreciation Week Deposits, Upstanders MIS, Vending Revenue and Boosterthon Fundraiser). • Sport Program Fundraising of$9,000. • Field Trips/Special Programs of$170,000. • Other Private Source Revenue of$198,000 which is primarily derived from a revenue sharing agreement with Clear Channel for two (2) leases that generate billboard advertising revenue. Other Non-Revenues —totals $494,655 and is based on the following revenue categories: • Includes a $150,000 transfer from the City's General Fund for revenues generated from the City's Intersection Safety Camera Program which is flat versus the prior year. • Carryover which includes an allocation of fund balance of $344,655 from the accumulation of prior year surpluses to be utilized as outlined on page 15. 16 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 fX ILLENCECSCW"" BUDGETARY ACCOUNT SUMMARY BY EXPENDITURE FUNCTION 17 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022/23 BUDGETARY ACCOUNT SUMMARY 190-6001-569 K-3 Basic 5101 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022123 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGER ACCT# CODE DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Personnel Services 1220 120 Teacher(31)Grant funded(3) $ 1,693,361 $ 1,692,750 $ 1,306,884 $ 1,740,000 $ 1,862,037 1230 130 Other Certified Instruction(3) 216,710 203,784 158,174 205,000 207,326 Assistant Principal ESE Teacher Instructional Counselor 1250 150 Teacher Assistant Kindergarten Aides-PIT(7) 124,273 140,286 97,555 132,000 141,696 Administrative Assistant 1502 291 Bonuses 42,725 48,000 34,997 40,000 - 1503 291 Stipends 120,719 118,795 86,613 118,795 118,795 2101 221 Social Security-matching 160,266 161,787 123,456 161,787 175,116 2201 211 Pension 14,561 20,300 9,926 15,000 21,607 2301 231 Health,Life&Disability Insurance 259,843 256,590 233,872 310,000 324,461 2302 232 Dental Insurance 5,164 4,958 1,527 2,500 6,008 2401 241 Workers'Compensation 8,078 32,589 14,538 20,000 35,377 2501 250 Unemployment Com ensation 1,885 4,000 5,355 6,000 4,000 Subtotal $ 2,647,585 $ 2,683,839 $ 2,072,897 $ 2,751,082 $ 2,896,423 Operating Expenditures 4001 330 Travel/Conferences/Training $ 3,627 $ 4,000 $ 19,079 $ 22,000 $ 12,000 4101 370 Communication Services 70 840 - 840 840 5290 590 Other Matl&Supply 42,517 35,000 60,628 62,000 35,000 5299 790 Miscellaneous Expense 164 2,500 4,051 4,051 2,500 5410 521 Memberships/Dues/Subscription - 1,500 - 1,500 1,500 5411 520 Textbooks 72,791 68,000 146,571 146,571 68,000 total $ 119,169 $ 111,840 $ 230,329 $ 236,962 $ 119,840 Total K-3 Basic 5101 $ 2,766,754 $ 2,795,679 $ 2,303,226 $ 2,988,044 $ 3,016,263 18 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022123 BUDGETARY ACCOUNT SUMMARY 190-6002-569 4-8 Basic 5102 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022/23 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGE �ACCT# CODE DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Personnel Services 1220 120 Teacher(44)Grant funded(3) $ 2,327,709 $ 2,321,032 $ 1,810,019 $ 2,420,000 $ 2,611,767 1230 130 Other Certified Instruction(3) 156,316 155,933 121,975 160,000 159,837 Assistant Principal Math Coach Grant funded school counselor 1250 150 Comm Spec/Instructional Asst.-P/T 15,325 15,960 15,156 20,000 16,038 1502 291 Bonuses 53,407 60,000 43,746 43,746 - 1503 291 Stipends 207,388 204,082 148,794 204,082 204,082 2101 221 Social Security-matching 198,016 198,849 154,283 200,000 221,396 2201 211 Pension 19,237 24,903 14,414 20,000 27,237 2301 231 Health,Life& Disability Insurance 298,022 278,940 284,410 350,000 333,116 2302 232 Dental Insurance 6,533 5,101 1,524 3,000 5,622 2401 241 Workers'Compensation 11,639 39,887 17,695 25,000 44,602 2501 250 Unemployment Compensation 1,631 3,500 4,524 5,000 3,500 $ 3,295,223 $ 3,308,187 $ 2,616,540 $ 3,450,828 $ 3,627,197 Operating Expenditures 4001 330 Travel/Conferences/Training $ 4,378 $ 7,000 $ 26,786 $ 29,000 $ 12,000 4101 370 Communication Services 840 840 630 840 840 5290 590 Other Mat'I&Supply 73,918 60,000 86,299 86,299 60,000 5299 790 Miscellaneous Expense - 1,500 774 1,500 1,500 5411 520 Textbooks 101,552 92,000 239,145 239,145 92,000 5901 791 Athletic Activities 4,559 18,000 22,482 22,482 18,000 Subtotal $ 185,247 $ 179,340 $ 376,116 $ 379,266 $ 184,340 Total 4-8 Basic 5102 $ 3,480,470 $ 3,487,527 $ 2,992,656 $ 3,830,094 $ 3,811,537 19 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022/23 BUDGETARY ACCOUNT SUMMARY 190-6003-569 Exceptional Student Program 5250 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022/23 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGE �ACCT# CODE DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Personnel Services 1220 120 Teacher(2)Grant funded(1) $ 112,006 $ 110,170 $ 86,878 $ 116,000 $ 171,819 1230 130 Other Certified Instruction(1) 77,224 74,378 59,239 74,378 76,985 Dean of Student Services 1502 291 Bonuses 4,451 5,000 3,645 3,645 - 1503 291 Stipends 7,209 7,094 5,172 7,094 7,094 2101 221 Social Security-matching 14,946 14,661 11,540 15,400 19,576 2201 211 Pension 985 1,384 668 1,000 1,866 2301 231 Health, Life&Disability Insurance 16,049 15,247 18,305 24,400 26,391 2302 232 Dental Insurance 107 513 488 650 692 2401 241 Workers'C o mpensati on - 2,953 1,295 2,000 3,981 2501 250 Unem to ment Compensation - - - - - $ 232,977 $ 231,400 $ 187,230 $ 244,567 $ 308,404 Operating Expenditures 3190 310 Prof&Tech Services-SPED $ 133,288 $ 51,000 $ 56,634 $ 70,000 $ 70,000 4001 330 Travel/Conferences/Training - 1,000 - 2,500 1,000 5290 590 Other Mat'I&Supply 4,463 5,000 2,292 5,000 5,000 5299 790 Miscellaneous Ex ense 250 1,000 - 1,000 1,000 $ 138,001 $ 58,000 $ 58,926 $ 78,500 $ 77,000 $ 370,978 $ 289,400 $ 246,156 $ 323,067 $ 385,404 20 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022/23 BUDGETARY ACCOUNT SUMMARY 190-6004-569 Substitute Teachers 5901 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022/23 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGER �ACCT# CODE DESCRIPTION i ACTUAL BUDGET 3/31/2022 i 6/30/2022 PROPOSAL Personnel Services 1220 120 Substitute Teacher(1)Grant funded(4) $ 161,983 $ 34,863 $ 80,062 $ 107,000 $ 177,255 1225 140 Pool Sub 133 90,000 34,027 45,000 50,000 1502 291 Bonuses 444 500 365 500 - 1503 291 Stipends 2,404 2,365 1,724 2,365 2,365 2101 221 Social Security-matching 9,860 9,733 7,848 9,733 17,566 2201 211 Pension 185 261 123 261 1,329 2301 231 Health, Life&Disability Insurance 11,184 6,008 10,191 8,000 13,656 2302 232 Dental Insurance 199 159 141 159 480 2401 241 Workers'Compensation - 1,998 872 1,200 3,637 2501 250 Unemployment Compensation 502 1,000 1,491 2,000 1,000 21 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022/23 BUDGETARY ACCOUNT SUMMARY 190-6005-569 Instructional Media Services 6200 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022/23 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGER �ACCT# CODE SESCFUPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Personnel Services 1230 130 Media Specialist&P/T Asst. $ 72,085 $ 76,220 $ 56,841 $ 76,220 $ 78,300 1502 291 Bonuses 2,226 2,500 1,823 2,500 - 1503 291 Stipends 2,404 2,365 1,724 2,365 2,365 2101 221 Social Security-matching 5,667 6,012 4,453 6,000 6,171 2201 211 Pension 299 425 200 300 440 2301 231 Health, Life&Disability Insurance 17,523 21,647 13,310 18,000 21,363 2302 232 Dental Insurance 121 345 61 100 338 2401 241 Workers'Compensation - 1,220 535 750 1,253 2501 250 Unem to ment Com ensation - - 15 20 - $ 100,325 $ 110,734 $ 78,962 $ 106,255 $ 110,230 Operating Expenditures 5411 520 Textbooks $ 2,392 $ 3,000 $ 3,062 $ 3,062 $ 3,000 $ 2,392 $ 3,000 $ 3,062 $ 3,062 $ 3,000 00 $ 102,717 $ 113,734 $ 82,024 $ 109,317 $ 113,230 22 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022123 BUDGETARY ACCOUNT SUMMARY 190-6006-569 School Administration 7300 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022123 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGER �ACCT# CODE DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Personnel Services 1211 110 Administrators(2) $ 225,941 $ 197,291 $ 203,071 $ 271,000 $ 221,512 Principal Dean 1260 160 Other Support Personnel(7) 318,714 333,359 243,235 325,000 448,473 Receptionist(2) Administrative Secretary Registrar/Compliance/ESE Support Business Manager Network/Computer Tech School Nurse Grant funded(2)-IT and Asst Registrar 1502 291 Bonuses 5,786 6,500 4,739 6,500 - 2101 221 Social Security-matching 41,325 40,595 34,097 45,000 51,254 2201 211 Pension 26,037 21,676 20,533 27,000 24,798 2301 231 Health,Life&Disability Insurance 75,538 25,726 40,129 53,500 38,643 2302 232 Dental Insurance 961 1,236 622 1,000 1,376 2401 241 Workers'Compensation 5,204 8,490 4,756 7,000 10,720 2501 251 Unemployment Compensation 501 1,000 1,336 2,000 1,000 $ 700,007 $ 635,873 $ 552,518 $ 738,000 $ 797,776 Operating Expenditures 3114 750 After School Programs $ 46,813 $ 160,000 $ 68,472 $ 75,000 $ 100,000 4001 330 Travel/Conferences/Training 8,200 12,000 26,092 30,000 25,000 4041 201 Automobile Allowance 5,400 5,400 4,050 5,400 5,400 4101 370 Communication Services 1,720 1,440 1,710 1,440 1,440 4855 790 Field Trips/School Events 3,791 162,000 58,780 72,000 162,000 4856 790 Special Events 113,451 140,000 95,578 140,000 140,000 5290 590 Other Matl&Supply 66,333 23,000 38,585 41,000 23,000 5410 521 Membershi s/Dues/Subscri tion - 3,000 2,314 3,000 3,000 Subto $ 245,708 $ 506,840 $ 295,581 $ 367,840 $ 459,840 Total S $ 945,715 $ 1,142,713 $ 848,099 $ 1,105,840 $ 1,257,616 23 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022/23 BUDGETARY ACCOUNT SUMMARY 190-6007-569 Pupil Transit Services 7800 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022/23 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGER �ACCT# CODE DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Operating Expenditures 3190 310 Prof&Tech Services $ 194,582 $ 217,757 $ 143,852 $ 217,757 $ 279,842 Total Transit Services 7800 $ 194,582 $ 217,757 $ 143,852 $ 217,757 $ 279,842 24 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022123 BUDGETARY ACCOUNT SUMMARY 190-6008-569 Operation of Plant 7900 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022123 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGER �ACCT# CODE DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Personnel Services 1260 160 Other Support Personnel $ 100,297 $ 77,509 $ 69,391 $ 77,509 $ 81,811 Trades Worker II School Resource Officer Allocation 2101 221 Social Security-matching 4,008 3,481 2,952 4,000 3,811 2201 211 Pension 5,868 6,371 4,866 6,371 6,974 2301 231 Health,Life&Disability Insurance 20,505 12,081 7,961 11,000 12,093 2302 232 Dental Insurance 252 202 158 210 202 2401 241 Workers'Com pensation 4,370 1,000 1,628 2,200 1,000 u o $ 135,300 $ 100,644 $ 86,956 $ 101,290 $ 105,891 Operating Expenditures 3148 312 Planning/Management Fee-CSUSA $ 306,000 $ 306,000 $ 229,500 $ 306,000 $ 306,000 3149 310 MDCPS Administrative Fee 159,261 158,400 116,345 158,400 158,100 3201 312 Accounting&Auditing Fees 12,200 11,000 11,000 11,000 11,000 3431 310 Contract-Food Services 239,230 280,000 96,861 200,000 280,000 4101 370 Communication Services 104,362 78,000 79,972 96,000 78,000 4301 430 Electricity 99,867 130,000 92,983 125,000 130,000 4320 380 Pub Lit Svc Other Energy Sv-Water 37,497 32,000 32,476 43,000 32,000 4440 360 Office Equip-Leasing Expense 29,527 38,000 17,807 25,000 38,000 4501 320 Insurance&Bond Premium 30,755 38,200 73,545 50,000 38,200 4620 350 Contract-Building Maintenance 194,115 188,658 125,478 188,658 223,658 4635 350 Repairs&Maintenance 97,856 110,000 153,875 160,000 95,000 5120 510 Computer Supplies/Software 34,466 35,500 19,703 35,500 37,500 5290 590 Other Mat'I&Su I 1,108 5,000 2,545 5,000 5,000 S $ 1,346,244 $ 1,410,758 $ 1,052,090 $ 1,403,558 $ 1,432,458 Other Uses 5901 790 Contingency $ - $ 85,000 $ - $ - $ 50,000 5905 790 AACC Expenses 1,146 6,000 - - 6,000 9129 921 Lease Payments to Cit Debt Svice Fund 444,000 444,000 333,000 444,000 444,000 Subtotal $ 445,146 $ 535,000 $ 333,000 $ 444,000 $ 500,000 Total Operat $ 1,926,690 $ 2,046,402 $ 1,472,046 $ 1,948,848 $ 2,038,349 25 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022/23 BUDGETARY ACCOUNT SUMMARY 190-6009-569 Child Care Supervision 9102 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022/23 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGER �ACCT# CODE DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Operating Expenditures 3113 310 Contract-Recreation Programs $ 38,327 $ 114,000 $ 1,542 $ 2,000 $ - 4301 430 Electricity 10,000 10,000 7,500 10,000 4501 320 Insurance&Bond Premium 3,000 3,000 2,250 3,000 3,000 4620 350 Contract-Building Maintenance 9,000 9,000 6,750 9,000 9,000 4635 350 Repairs&Maintenance 8,500 8,500 6,375 8,500 8,500 5290 590 Other Mat'I&Supply - 5,500 - - 5,500 17 $ 22,500 $ 26 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2022123 BUDGETARY ACCOUNT SUMMARY 190-6010-569 Capital Outlay 7400 SCHOOL 2020/21 2021/22 2021/22 2021/22 2022123 OBJECT APPROVED ACTUAL PROJECTED CITY MANAGE �ACCT# CODE DESCRIPTION ACTUAL BUDGET 3/31/2022 6/30/2022 PROPOSAL Capital Outlay 6401 692 Computer Equipment>5000 $ 86,231 $ 106,000 $ 70,782 $ 103,000 $ 158,000 6402 643 Computer Equipment<5000 310,564 34,500 87,865 115,865 199,500 6410 640 Furniture,Fixture&Equipment - - - - - 6420 640 Repairs&Replacements 15,398 28,000 109,598 109,598 93,000 To 68,500 Computer Equipment>5000 This project consists of the regular replacement ofwhiteboards and network infrastructure atACES.(GIL#190-6010-569.64-01) Replace Network Infrastructure $ 35,000 Replace AV Equipment and Whiteboards 40,000 Replace Server(s) 8,000 Phone System Upgrade 75,000 $ 158,00 Computer Equipment<5000 This projectconsists ofthe regularreplacementofcomputers,tablets,servers and network infrastructure atACES.(GIL#190-6010-569.64-02) Tablets $ 31,500 Replace Security Cameras 10,000 Replace Laptop(s)/Computer(s) 150,000 Desktopfor Multimedia Classroom 8,000 199,500 Repairs&Replacements This project consists ofreplacing airconditioning units atACES.(GIL#190-6010-569.64-20) Restroom renovation $ 35,000 Awning addition 3,000 Replace 25 ton HVAC unit atACES 55,000 Capital Outlay 7400 500 27 i 2 D FX FLLEHCEClN SCI V, THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 28 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 fX ILLENCECSCW"" ADOPTING ORDINANCE 29 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2022/2023(JULY 1 —JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2022/2023 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. City of Aventura Ordinance No. 2022- Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2022 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2022/2023 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall Page 2 of 4 City of Aventura Ordinance No. 2022- remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Rachel S. Friedland Absent Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Absent Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Rachel S. Friedland Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2022- PASSED on first reading this 19t" day of May, 2022. PASSED AND ADOPTED on second reading this 14t" day of June, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 i 2 ii D • VENTURA CM CE11ENCE SCK0 AVENTURA CITY OF EXCELLENCE SCHOOL 3333 NE 1881h Street Aventura, Florida 33180 Telephone: (305) 466-1499 Fax: (305) 466-1339 Website: www.aventuracharter.org CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission, Acting in its capacity as the Governing Board for the Don Soffer Aventura High School (DSAHS) FROM: Ronald J. Wasson, City Manager 0, BY: Melissa Cruz, Finance Director DATE: May 13, 2022 SUBJECT: Ordinance Adopting 2022/2023 the Don Soffer Aventura High School (DSAHS) Budget 11t Reading April 27, 2022 City Commission Special Meeting Agenda Item 3B 11t Reading May 19, 2022 DSAHS Governing Board Meeting Agenda Item 4 2"d Reading June 14, 2022 City Commission Meeting Agenda Item 8B RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Governing Board for the DSAHS, approve the attached Ordinance adopting the 2022/2023 Don Soffer Aventura High School Budget. This item was tabled at the April 27t" City Commission Special Meeting, for further review at a Commission Workshop. The item was reviewed in detail at the May 17, 2022 Aventura City Commission Special Workshop. If you have any questions, please feel free to contact me. Attachment CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2022/2023 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2022/2023 Operating Budget for the Don Soffer Aventura High School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Don Soffer Aventura High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, if requested by the Principal of Don Soffer Aventura High School, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. City of Aventura Ordinance No. 2022- Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, if requested by the Principal of Don Soffer Aventura High School, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Don Soffer Aventura High School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2022 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2022/2023 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of Page 2 of 4 City of Aventura Ordinance No. 2022- the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Absent Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2022- PASSED on first reading this 19t" day of May, 2022. PASSED AND ADOPTED on second reading this 14t" day of June, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 City of Aventura Don Softer Aventura High School Fund Budget FISCAL YEAR 2022/2023 OWN SOFFFq Y qA HICrH CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL FUND BUDGET FISCAL YEAR 2022/2023 0014 so FFR D j G O c2 �o Rq HIGH City Commission/Governing Board Mayor Enid Weisman Vice Mayor Denise Landman Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley City Manager Ronald J. Wasson Principal Dr. Geoff McKee Planning/Management Services Provided by: Charter Schools USA oo� soF,��R n � � o cn2 �o RA H 1 GN THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL FUND BUDGET FISCAL YEAR 2022/2023 Table of Contents Charter Schools USA's Budget Message......................................................................i-iv Comparative Personnel Allocation Summary ..................................................................iii Full-Time Staff Comparison Chart...................................................................................iii INTRODUCTION ......................................................................................................... 1-3 Mission Statement, Vision Statement, and Commitment Statement..........................2 Organization and Operations.....................................................................................3 DEPARTMENT DESCRIPTION & SUMMARY OF FUND............................................5-6 REVENUE PROJECTION & RATIONALE ..................................................................7-9 BUDGETARY ACCOUNT SUMMARY BY EXPENDITURE FUNCTION ................. 11-14 DSAHS INSTRUCTIONAL PAY-FOR-PERFORMANCE PAY PLAN...................... 15-16 ADOPTING ORDINANCE........................................................................................ 17-21 oo� soF,��R n � � o cn2 �o RA H 1 GN THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK MEMORANDUM TO: City Commission/Governing Board Ronald J. Wasson, City Manager FROM: Dr. Geoff McKee, Principal, Don Soffer Aventura High School Angel Lewis, Sr. Financial Analyst, Charter Schools USA DATE: May 11, 2022 SUBJECT: Proposed 2022/2023 Don Soffer Aventura High School Budget Attached is the proposed 2022/2023 Don Soffer Aventura High School ("DSAHS") Fund Budget (Fund 191) which will be effective from July 1, 2022 —June 30, 2023. This represents DSAHS' 4t" full year of operations. The budget was designed to meet the educational requirements that accommodate 9t", 10t", 11t" and 12t" grade students, while continuing to employ staff that possess the leadership qualities that will help DSAHS achieve full enrollment over the next year. Budget Implications Resulting from the Coronavirus ("COVID-19") Pandemic At the time this budget was prepared and for the last two years, COVID-19 has caused major disruption in international and U.S. economies and markets. Due to the fear of further spread of the virus, many of our societal norms have been altered due to quarantines, the cancellation of events and the overall reduction in business and economic activity. As we have seen, the impacts and responses to COVID-19 on a global, national, state and local level continue to evolve. With the rollout of the COVID-19 vaccine in FY 2021, things are slowly returning to normal and we can see the light at the end of the tunnel. Since the pandemic's full financial impact is unknown at this time, the Administration has prepared a conservative budget by holding most operating revenues and expenditures relatively flat and increasing teacher compensation where needed. As the distribution of the COVID-19 vaccine continues and with the infusion of various Federal funding programs (i.e., CARES, GEER and ESSER), School operations will continue to stabilize and completely return to a "traditional" environment in the coming year. The budget was prepared in a collaborative effort by CSUSA, including their Sr. Financial Analyst, staff members from several different divisions, and the DSAHS Principal. In addition, the budget has also been reviewed by the City Manager and the Finance Director. The budget will appear on first and second reading on May 12t" and June 14t", 2022, respectively. i The following are the major highlights of the 2022/2023 budget: • The school budget is based on a projected enrollment of 800 9t", 10t", 11t" and 12t" grade students. This is the school's first year of full enrollment. • No City subsidy is budgeted for the FY2022-2023 year. • Includes 63 full-time equivalent employees at a projected cost of $5,089,333 and is summarized by class and category below: 2021122 2022123 Job Class Category Actual Propos*d Change Administrative Staff Full-time 100 160 6.0 Part-time 0.5 - (0.5) Subtotal 10.5 16.0 5.5 Instructional Staff Full-time 37.0 47.0 10.0 Part-time - - - 5ubtotal 370 470 100 I Total Employees 47.5 63.0 15.5 • Vendor Services includes contracted pupil transportation for two (2) buses to transport students that live two (2) miles or more from the School at a cost of $159,127. • In order to continue enhancing the instructional experience designed to prepare the students for the future, $414,195 has been budgeted for textbooks, reference books and instructional licenses under Instructional Expenditures. Capital expenditures of $306,845 is budgeted for costs associated with acquiring computer hardware and software, IT infrastructure, audio-visual equipment, and FF&E. Compensation for Personnel Services Total Compensation for Personnel Services is budgeted at $5,089,333 or 62.6% of the total budget or 60.2% of total operating revenue. This category includes 63 full-time equivalent employees, including 16 administrative staff positions and 47 instructional staff positions as is detailed below. In order to maintain, attract, and retain highly qualified teachers, salaries for this category reflect the school's proposed Pay Plan and stipends of $147,000 in lieu of the Miami-Dade County Referendum. All employees are under contract with CSUSA. ii Don Soffer Aventura High School Comparative Personnel Allocation Summary 3-Year Presentation 2020/21 2021/22 2022/23 Actual Actual Proposed Job Class Full-Time Part-Time Total Full-Time Part-Time Total Full-Time Part-Time Total Administrative Staff Principal 1.0 1.0 1.0 1.0 1.0 1.0 Assistant Principal 1.0 1.0 1.0 1.0 2.0 2.0 Dean of Student Affairs - - - - 1.0 1.0 School Operations Administrator 1.0 1.0 1.0 1.0 1.0 1.0 Office Manager - - - - - - 1.0 1.0 Administrative Assistant 1.0 0.5 1.5 1.0 0.5 1.5 2.0 2.0 Receptionist 1.0 - 1.0 1.0 - 1.0 1.0 1.0 Enrollment Management 1.0 1.0 1.0 1.0 1.0 1.0 Guidance Counselor 1.0 1.0 1.0 1.0 3.0 3.0 CAPAdvisor 1.0 1.0 1.0 1.0 1.0 1.0 IT Support 1.0 1.0 1.0 1.0 1.0 1.0 Nurse 1.0 - 1.0 1.0 - 1.0 1.0 1.0 Subtotal 10.0 0.5 10.5 10.0 0.5 10.5 16.0 16.0 Instructional Staff Teachers(9-12) 20.0 0.5 20.5 33.0 - 33.0 42.0 42.0 ESE/Special Education Teachers 2.0 - 2.0 2.0 2.0 3.0 3.0 Curriculum Resource Teacher 1.0 1.0 1.0 1.0 1.0 1.0 Athletic Director - - - 1.0 1.0 1.0 1.0 Subtotal 23.0 0.5 23.5 37.0 - 37.0 47.0 47.0 Total 33.0 1.0 34.0 47.0 0.5 47.5 63.0 63.0 Full-Time Staff Comparison 70.0 60.0 50.0 40.0 30.0 20.0 10.0 2020/21- 2021/22- 2022/23- Actual Actual Proposed III The total proposed budget for 2022/2023, is $8,133,511 and is broken down into the following categories: Compensation $ 5,089,333 62.6% Professional Services 658,695 8.1% Vendor Services 745,060 9.2% Administrative Expenditures 35,147 0.4% Instructional Expenditures 834,894 10.3% Other Operating Expenditures 388,293 4.8% Fixed Expenditures 75,244 0.9% Capital Outlay 306,845 3.8% Tota 1 $ 8,133,511 100.0% Expenditures by Category Instructional Fixed Expenditures Capital Outlay Expenditures Other Operating 0.9% 3.8% 10.3% Expenditures 4.8% 1 Administrative Expenditures 0.41. Vendor Services 9.2% Compensation Professional5ervicea• 62.6% 8.1% Summary Although we find ourselves in some very challenging economic times, I am pleased to submit the detailed budget contained within this document and its related funding levels representing the City's continued commitment to support the Mission and Vision for Don Soffer Aventura High School as outlined on page 2. The City Commission, acting in its capacity as the Don Soffer Aventura High School Governing Board will meet during a Special Commission Meeting on May 17, 2022 to review the proposed budget document in detail. Please refer any questions relating to the enclosed budget to the City Manager's attention. Respectfully submitted, �<� ?I,C /(A/I(' Dr. Geoff McKee Angel Lewis Principal, Don Soffer Aventura High School Sr. Financial Analyst, CSUSA iv CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 QoN soF��R n � N 5 HlG INTRODUCTION 1 CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL oor}soFFE J 0 Z�G9A HiGH�4� Mission Statement Don Soffer Aventura High School will provide a rigorous, college preparatory curriculum for the community that ensures each student develops their individual academic talents and leadership skills to become well-rounded citizens primed for excellence. Vision Statement Don Soffer Aventura High School will continually adopt innovative instructional methods and technology designed for the digital native learning styles of the 21st century students. The School will revolutionize instruction and be recognized as a pioneer in modern high school education. Commitment Statement At Don Soffer Aventura High School, students will be empowered to discover their passion, choose their path and define their future. 2 CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL oor}sorFE J 0 Z�G9A HiGH�4� Organization and Operations The School is a special revenue fund found within the City's financial statements. The School commenced operations in the City in August 2019 and for the 2022/2023 school year will offer classes for 9t", 10t", 11t" and 12t" grades with a projected enrollment of 800 students. The School is funded by public funds based on enrollment and may 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 its operations. 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, 2034 but provides for a renewal of up to 15 years by mutual agreement of both parties. In August 2019, the School opened its doors to 200 9t" graders. In August 2020, the School expanded its enrollment to 415 students to include 10t" grade and in August 2021, expanded its enrollment to 620 to include 11t" grade. Grade 12 will be added with approximately 200 additional students for each grade level, in August 2022. The School is owned by the City and is operated through a management agreement as described below. The School 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 and operates under a Commission-Manager form of government. Management Agreement The City previously entered into a management agreement with Charter Schools USA, Inc. ("CSUSA") to provide those services necessary to organize, manage, staff, operate and maintain the School. The agreement expires on June 30, 2024, with a five-year renewal option by mutual agreement of both parties and provided that the District extends the charter granted to the City. Total management fees projected to be paid to the management company for fiscal year 2022/2023 are $375,696. The other expenditures that are reimbursed to CSUSA from the City relate to teachers' salaries, benefits and all related operational costs. 3 oo� soF,��R n � � o cn2 �o RA H 1 GN THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 4 CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 QoN soF��R n � N 5 HlG DEPARTMENT DESCRIPTION SUMMARY OF FUND 5 CITY OF AVENTURA AVENTURA CHARTER HIGH SCHOOL FUND 191 BUDGET CATEGORY SUMMARY 2022/23(July 1 -June 30) FUND DESCRIPTION This fund accounts for operating and capital revenues and expenditures associated with the Don Soffer Aventura High School. In accordance with their Management Agreement with the City, Charter Schools USA, is responsible for the School's budgetary, accounting, auditing and financial reporting functions. 2020/21 2021/22 2021/22 2022/23 ACTUAL PROPOSED PROJECTED PROPOSED CATEGORY Apr BUDGET FORECAST BUDGET REVENUE PROJECTIONS Operating Revenue $ 4,244,057 $ 5,438,050 $ 6,129,624 $ 8,451,973 City Subsidy(Advance from the Citys General Fund) 659,151 477,628 477,628 - Total Revenues $ 4,903,208 $ 5,915,678 $ 6,607,252 $ 8,451,973 EXPENDITURES Operating Expenditures $ 4,439,823 $ 5,865,615 $ 6,123,459 $ 7,826,666 Capital Expenditures 605,008 267,584 286,380 306,845 CSUSA Subsidy to offset Professional Services (141,623) (217,521) (217,522) - Total Expenditures $ 4,903,208 $ 5,915,678 $ 6,192,317 $ 8,133,511 Revenues over/(under)Expenditures $ - $ - $ 414,935 $ 318,462 6 CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 0O�A SOFj��R a J can � o0 q GN 5 HI REVENUE PROJECTION RATIONALE 7 ADOPTED ACTUAL PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET March YTD 2022 FORECAST BUDGET Proposed Budget Total Number of Students 417 620 636.5 637 800 Forecasted Average FTE per Student $ 6,643.52 $ 7,002.00 7,134.46 $ 7,134.46 $ 7,445.52 REVENUE: Operating Revenue FTE $ 2,714,566 $ 4,341,271 $ 3,276,483 $4,541,083 $ 5,956,418 Capital Outlay 214,979 312,347 219,385 328,416 410,894 NSLP Revenue 28,943 46,075 21,091 27,000 33,935 Food Services 64,877 163,357 184,141 224,528 282,203 Transfers In from the City's General Fund City's Intersection Safety Camera Program* 150,000 150,000 - 150,000 150,000 Grants 595,401 - 78,288 78,288 735,309 Miscellaneous Revenue - - - - InternalFunds Revenue**** 33,214 - - 33,214 33,214 Other Program Revenue 442,077 425,000 2,122,057 747,095 850,000 Total Operating Revenue $ 4,244,057 $ 5,438,050 $ 5,901,445 $6,129,624 $ 8,451,973 Other Non-Revenue City Subsidy* Advance from the City's General Fund $ 659,151 $ 477,628 - $ 477,628 $ - Total Revenues $ 4,903,208 $ 5,915,678 $ 5,901,445 $6,607,252 $ 8,451,973 THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 8 Revenue Projection Rationale FISCAL YEAR 2022/2023 Revenues The total revenues available for allocation in the 2022/2023 proposed budget are anticipated to be $8,451,973. This is a net increase of$2,536,295 or 42.9% compared to the prior year's budget primarily resulting from increasing the enrollment at DSAHS from 620 to 800 students for the addition of the 12t" grade. Operating Revenue FTE — totals $5,956,418 and is based on an average of $7,446/student. This revenue category includes the transportation reimbursement component. Net of enrollment driven increases for the addition of the 12t"grade,this revenue category is anticipated to increase by 4.36% in comparison to the prior year-end forecast. Capital Outlay — totals $410,894 and is projected to remain relatively level in comparison to the year-end forecast at $514/student. NSLP Revenue — totals $33,935 and represents an estimate for reimbursement by the National School Lunch Program ("NSLP") for low-cost or free meals that are provided to students who qualify for the federally assisted meal program. This revenue category is projected based on prior year reimbursement rates and assumes consistent eligibility year-over-year in the student population. Food Services —totals $282,203 and represents an estimate for un-subsidized meals purchased by students. This revenue category increased year-over-year in line with enrollment on a per capita basis using the prior year student participation rate. Transfers In from the City's General Fund — is consistent with the prior year's budget amount of $150,000 from the City's General Fund for revenues generated from the City's Intersection Safety Camera Program. Grants — The current anticipated impact from Grant Funding provided by Federal and State governments in response to the COVID-19 pandemic is included in the 2022/2023 proposed operating budget. This grant funding totals $735,309 and will cover personnel costs, capital items, instructional licenses and teacher supplements/stipends to enhance technology and other programs that are intended to enhance the students' total learning experience and social well-being. Other Program Revenue — totals $850,000 in additional FTE Revenue that may be awarded to the DSAHS from students passing the Cambridge and Advanced Placement Exams. Other Non-Revenue City Subsidy** (Advance from the City's General Fund) —the 2022/2023 budget assumes no City subsidy. 9 oo� soF��R n � o cn2 �o THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 10 CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 QoN soF��R n � N 5 HlG BUDGETARY ACCOUNT SUMMARY BY EXPENDITURE FUNCTION 11 ADOPTED ACTUAL PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET March YTD 2022 FORECAST BUDGET Proposed Budget EXPENDITURES Administrative Staff Principal 1.0 1.0 1.0 1.0 1.0 Assistant Principal 1.0 1.0 1.0 1.0 2.0 Dean of Student Affairs - - - - 1.0 School Operations Administrator 1.0 1.0 1.0 1.0 1.0 Office Manager - - - - 1.0 Administrative Assistant 1.5 1.5 1.5 1.5 2.0 Receptionist 1.0 1.0 1.0 1.0 1.0 Enrollment Management 1.0 1.0 1.0 1.0 1.0 Guidance Counselor 1.0 2.0 1.0 1.0 3.0 CAP Advisor 1.0 1.0 1.0 1.0 1.0 IT Support 1.0 1.0 1.0 1.0 1.0 Nurse 1.0 1.0 1.0 1.0 1.0 Subtotal Administrative Staff 10.5 $ 636,346 11.5 $ 696,399 10.5 $ 465,257 10.5 $ 602,135 16.0 $ 1,027,895 Instructional Staff Teachers(9-12) 20.5 31.5 33.0 33.0 42.0 ESE/Special Education Teachers 2.0 2.0 2.0 2.0 3.0 Curriculum Resource Teacher 1.0 2.0 1.0 1.0 1.0 Athletic Director - - 1.0 1.0 1.0 Subs - - - - - SubtotallnstructionalStaff 23.5 $ 1,459,487 35.5 $ 2,297,461 37.0 $ 1,540,670 37.0 $ 2,153,474 47.0 $ 2,810,808 Tutoring 5,298 $ 25,000 $ 22,387 $ 25,000 $ 76,862 Bonuses 130,993 67,936 27,964 49,732 159,681 Stipends 43,282 167,150 124,081 219,043 307,000 Benefits 165,357 196,126 179,600 268,818 345,329 Workers'Compensation 9,127 8,320 15,452 21,648 21,648 Payroll Taxes 190,310 268,230 169,551 233,269 340,110 Subtotal $ 544,367 $ 732,762 $ 539,035 $ 817,510 $ 1,250,630 Total Compensation 34.0 $ 2,640,200 47.0 $ 3,726,622 47.5 $ 2,544,962 47.5 $ 3,573,119 63.0 $ 5,089,333 12 ADOPTED ACTUAL PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET March YTD 2022 FORECAST BUDGET Proposed Budget-Continued r r Professional Services Management Fee $ 200,739 $ 279,000 $ 222,847 $ 279,000 $ 375,696 Finance&Accounting Services*** 35,476 54,380 40,803 54,381 - Personnel Management(Payroll&HR Services)*** 92,160 163,141 108,760 163,141 - Legal Fees 7,276 - 14,782 17,369 17,369 Fee to County Board 83,044 87,298 66,095 88,390 93,069 Outside Staff Development 13,215 32,875 15,673 28,925 28,925 Accounting Services-Audit 13,867 11,000 11,750 11,750 11,750 Professional Fees-Other 36,391 2,000 14,912 16,886 16,886 Computer Services Fees 22,741 69,440 53,615 71,288 100,000 Advertising/Marketing Expenditure 14,061 24,750 7,153 24,750 15,000 Moving Expenditure 4,989 - - - - SubtotalProfessionalServices $ 523,959 $ 723,884 $ 556,390 $ 755,880 $ 658,695 Vendor Services Contracted Pupil Transportation $ 102,590 $ 123,785 $ 53,786 $ 116,506 $ 159,127 Contracted Mental Health 7,976 13,741 14,287 24,267 24,267 Extra-Curricular Activity Events&Transportation 44,252 65,000 64,800 79,507 155,000 Contracted Food Services 77,675 155,617 146,073 178,512 209,548 Background/Finger Printing - 500 - - - Drug Testing Fees - 500 31 31 31 Licenses&Permits 1,159 1,597 2,012 2,012 2,012 Bank Service Fees - - - - Contracted Custodial Services 114,407 169,257 128,113 169,257 191,827 Contracted Security 12,457 13,515 3,240 13,515 3,248 Subtotal Vendor Services $ 360,516 $ 543,512 $ 412,342 $ 583,607 $ 745,060 Administration Expenditures Travel $ 746 $ 4,850 $ 1,622 $ 7,020 $ 7,020 Meals 90 700 213 381 381 Lodging 1,641 1,450 3,293 3,293 3,293 Business Expenditure-Other 270 382 153 153 153 Dues&Subscriptions 1,720 1,055 3,346 3,346 3,346 Printing 3,344 2,608 2,909 2,909 2,909 Office Supplies 20,842 10,175 13,173 15,435 15,435 Medical Supplies 2,518 2,518 2,610 2,610 2,610 Subtotal Administrative Expenditures $ 31,171 $ 23,738 $ 27,320 $ 35,148 $ 35,147 Instructional Expenditures Textbooks&Reference Books $ 277,393 $ 137,819 $ 145,403 $ 161,506 $ 250,462 Consumable Instructional(Student) - 23,622 1,563 1,563 36,438 Consumable Instructional(Teacher) 5,639 26,250 2,623 25,000 25,000 Instructional Licenses 162,434 112,478 169,593 172,078 163,733 Testing Materials 9,772 126,450 323,898 323,898 330,670 Contracted SPED Instruction 19,175 45,858 14,180 22,748 28,591 Subtotal Instructional Expenditures $ 474,413 $ 472,477 $ 657,260 $ 706,793 $ 834,894 13 ADOPTED ACTUAL PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET March YTD 2022 FORECAST BUDGET Proposed Budget-Continued r r Other Operating Expenditures Telephone&Internet $ 37,330 $ 38,286 $ 17,413 $ 28,712 $ 29,340 Postage 1,993 7,000 350 440 390 Electricity 77,609 84,644 68,573 91,458 92,514 Water&Sewer 5,406 5,540 4,833 6,222 6,569 Waste Disposal 22,374 29,560 23,288 31,050 37,260 Pest Control 2,916 3,300 2,380 3,419 3,465 Cleaning Supplies 11,789 31,530 - 26,275 21,530 Building Repairs&Maintenance 178,241 138,723 168,154 176,965 153,885 Miscellaneous Expenditures 9,252 7,500 5,887 10,126 10,126 Subtotal Other Operating Expenditures $ 346,910 $ 346,083 $ 290,877 $ 374,667 $ 355,079 Internal Funds Expense Internal Funds Expense**** $ 35,094 $ - $ - $ 33,214 $ 33,214 Subtotal Internal Funds Revenue $ 35,094 $ - $ - $ 33,214 $ 33,214 Fixed Expenditures Office Equipment-Leasing Expenditures $ 13,056 $ 13,560 $ 9,903 $ 13,631 $ 13,624 Professional Liability&Other Insurance 14,504 15,739 40,639 47,400 61,620 Subtotal Fixed Expenditures $ 27,560 $ 29,299 $ 50,542 $ 61,031 $ 75,244 Total Operating Expenditures $4,439,823 $ 5,865,615 $4,539,693 $ 6,123,459 $ 7,826,666 Capital Expenditures Computers-Hardware $ 140,855 $ 184,459 $ 88,326 $ 194,295 $ 250,545 Computers-Software 11,766 15,600 4,250 4,250 - IT Infrastructure 1,100 20,000 - - 20,000 Audio Visual Equipment - 41,525 1,302 42,826 23,800 FF&E 451,287 6,000 42,509 45,009 12,500 Total Capital Expenditures $ 605,008 $ 267,584 $ 136,387 $ 286,380 $ 306,845 Total Unadjusted Operating and Capital Expenditures $ 5,044,831 $ 6,133,199 $4,676,080 $ 6,409,839 $ 8,133,511 Unadjusted Revenue over/(under)Expenditures $ (141,623) $ (217,521) $ 1,225,365 $ 197,413 $ 318,462 CSUSA Subsidy to offset Professional Services*** $ 141,623 $ 217,521 $ 163,141 $ 217,522 $ - Adjusted Revenues over/(under)Expenditures $ - $ - $ 1,388,506 $ 414,935 $ 318,462 Total Adjusted Operating and Capital Expenditures $ 4,903,208 $ 5,915,678 $4,512,939 $ 6,192,317 $ 8,133,511 Total Revenues $4,903,208 $ 5,915,678 $ 5,901,445 $ 6,607,252 $ 8,451,973 Projected Addition to Fund Balance/(Deficit) $ - $ - $ 1,388,506 $ 414,935 $ 318,462 Repayment to City $ - $ - $ - $ 414,935 $ 218,462 Projected Fund Balance After Repayment $ $ $ 1,388,506 $ - $ 100,000 14 CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 QoN soF��R n � lj,Qq 5 HlGN C H A R T E R SCHOOLS % L75A DSAHS INSTRUCTIONAL PAY-FOR-PERFORMANCE PLAN INDEX A. CSUSA PAY PRACTICES B. PERFORMANCE BASED COMPENSATION C. MERIT INCREASE SCHEDULE D. SCHOOL WIDE PERFORMANCE AND RETENTION BONUS A. CSUSA PAY PRACTICES CSUSA salaries are competitive with the surrounding area schools but structured differently, with a greater emphasis on performance-based pay. For base salaries, pay bands have been established to a minimum, midpoint, and maximum scale by which job families can grow with merit increases.CSUSA will budget criteria,incentives,and other motivating factors to attract, reward and retain the best employees.A salary worksheet will be used to calculate starting salaries in a fair&consistent manner. Below are the basic criteria utilized to determine starting salaries. Base Salary for Teachers in their initial year(10 Month) • Positive Adjustments to initial base for Experience, Previous Outcomes,Critical Shortage Areas/Special Consideration, if applicable and based on Budget • Positive Adjustments to base for Education Credentials o $3,000 for Masters o $5,000 for Specialist o $7,000 for Doctorate 15 • Other Compensation:(to be reevaluated annually and subject to funding availability) o $3,500 in lieu of the Miami-Dade County Referendum will be added as a stipend to Teacher base pay • $-3,000 Negative Adjustments to base (prior to HB increase) if met all requirements and waiting for Certification documentation B. PERFORMANCE BASED COMPENSATION Research supports the notion that people are motivated through achievement,recognition,and growth opportunities.Moreover, studies indicate that not only does this contribute to the retention of high-quality staff, but also positively impacts student achievement.Consequently,the School will adopt a performance-based compensation plan that includes: • Merit increases for faculty and staff are determined by a robust evaluation tool based on the research of Robert Marzano,in alignment with statutory requirements • Participation in various programs to provide incentive bonuses for teachers • Performance bonuses for Administration based on Academic Performance,Enrollment/Growth and Culture metrics • School wide performance incentive goal—provided to faculty and staff at schools that achieve predetermined school wide academic improvement goals • Stipends(supplements)are offered separately from base pay for Additional Academic Responsibilities,Title 1 Schools, Critical Teacher Shortage Areas,Bottom 2 School improvement categories,etc. C. MERIT INCREASE SCHEDULE Final Level Instructional staff member scores are calculated by combining the Instructional Practice and Student Performance components of the final evaluation. Please see the school's approved evaluation plan. Budget will determine the Effective teacher's percent increase.This percent increase will fall between 50%-75%of the percent increase that Highly Effective teachers receive per statutory requirements. CSUSA PERFORMANCE EVALUATION RESULTS INSTRUCTIONAL INCREASE* Level 1:UNSATISFACTORY/DEVELOPING/NEEDS IMPROVEMENT 0% Level 2:DEVELOPING/NEEDS IMPROVEMENT 0% Level 3:APPLYING/EFFECTIVE 2.0% Level 4:INNOVATIVE/HIGHLY EFFECTIVE 3.0% *Merit increases are subject to budget allocation • Stipends(supplements)are offered separately from base pay for Additional Academic Responsibilities,Title 1 Schools, Critical Teacher Shortage Areas,Bottom 2 School improvement categories,etc. D. SCHOOL WIDE PERFORMANCE AND RETENTION BONUS CSUSA offers a school wide bonus opportunity that acknowledges and shows appreciation to our loyal and committed employees. This is an opportunity for all Full Time Staff to earn a bonus based on the overall performance of their school. • Up to$500.00 for Non-Instructional Employees • Up to$1,000.00 for Instructional Employees • The bonus will be paid out after FTE count and the release of school grades in the fall/winter of the following year • The bonus is based on goals established by the school and approved by leadership • If the school meets its letter grade goal,the bonus will be paid out in full • If the letter grade goal is not met,the bonus will be prorated based on the percentage of goals met *School wide bonus payment is subject to budget allocation 16 CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2022/2023 ooN soF��R r n J � o tn2 �o Rq H 1 G� ADOPTING ORDINANCE 17 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2022/2023 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2022/2023 Operating Budget for the Don Soffer Aventura High School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Don Soffer Aventura High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, if requested by the Principal of Don Soffer Aventura High School, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. City of Aventura Ordinance No. 2022- Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, if requested by the Principal of Don Soffer Aventura High School, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Don Soffer Aventura High School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2022 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2022/2023 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of Page 2 of 4 City of Aventura Ordinance No. 2022- the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Absent Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Denise Landman Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2022- PASSED on first reading this 19t" day of May, 2022. PASSED AND ADOPTED on second reading this 14t" day of June, 2022. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 ootl sofi,�E� n � � a H IG DON SOFFER AVENTURA HIGH SCHOOL 3151 NE 213t" Street Aventura, Florida 33180