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10-03-2023 City Commission Regular Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q CITY COMMISSION REGULAR MEETING AGENDA October 3, 2023 Following 6:00 p.m. Local Planning Agency Meeting Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura City Commission Regular Meeting Agenda October 3, 2023 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Proclamations • Special Recognitions • Employee Service Awards • Charter School Update 55. C O 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: • September 5, 2023 City Commission First Budget Hearing • September 5, 2023 City Commission Regular Meeting • September 13, 2023 City Commission Second Budget Hearing B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR BID NO. 23-08-25-3, WATERWAYS DOG PARK PRE- ENGINEERED RESTROOM BUILDING, TO GREEN ENGINEERING & CONSTRUCTION, INC. AT THE BID PRICE AS OUTLINED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR THE INSTALLATION OF A SHADE CANOPY STRUCTURE AS PART OF THE FOUNDERS PARK SOUTH FACILITY PROJECT, BY AND BETWEEN THE CITY AND BEJAR CONSTRUCTION, INC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 5 Aventura City Commission Regular Meeting Agenda October 3, 2023 E. A MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF BARBARA BUXTON, ESQ. AND DANIEL NAIM AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. F. A MOTION AUTHORIZING THE APPROPRIATION OF UP TO $10,000 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. G. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): A MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2023 AND TO ACCEPT FOR FILING THAT LETTER DATED SEPTEMBER 15, 2023 ATTACHED HERETO AS ATTACHMENT 1. H. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): A MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE DON SOFFER AVENTURA HIGH SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2023 AND TO ACCEPT FOR FILING THAT LETTER DATED SEPTEMBER 15, 2023 ATTACHED HERETO AS ATTACHMENT 1. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH FREEBEE, LLC TO EXPAND THE SERVICE HOURS OF THE TESLA MODEL X VEHICLES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SWEETWATER FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 2023-001 IN THE AMOUNT OF $150,000 FOR PROFESSIONAL PLANNING SERVICES RELATED TO THE REGIONAL TRANSIT ZONE (RTZ) AND METROPOLITAN URBAN CENTER (MUC) PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND TRANSYSTEMS, CORP.; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 5 Aventura City Commission Regular Meeting Agenda October 3, 2023 6. PUBLIC HEARINGS: Please be advised that Items 611, 61), 6E, 6G and 6I on the Commission agenda are zoning hearings and are quasi-judicial in nature. As such, the quasi-judicial procedures of the City shall be invoked for these items as indicated next to the items. If you wish to object or comment upon these items, please inform the Mayor when public comments are requested. An opportunity for persons to speak on these items will be made available after the applicant and staff have made their presentations on the items. All testimony, including public testimony and evidence, will be made under oath or affirmation for these quasi-judicial items. 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. Note: Items 6F, 6G, 6H, and 61 are Continued to the November 7, 2023 City Commission Meeting. RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PURSUANT TO SECTION 197.3632, OF THE FLORIDA STATUTES, PROVIDING FOR A UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR STORMWATER SERVICES, AUTHORIZING ENTERING INTO AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO PLACE THE CITY'S PROPOSED NON-AD VALOREM ASSESSMENTS ON THE COUNTY TAX BILL; PROVIDING FOR THE TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT THE INDOOR COCKTAIL/BAR LOUNGE AREA ON SPACE FH7 OF THE TREATS FOOD COURT IN THE AVENTURA MALL, LOCATED AT 19565 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (613). C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RELEASING THE DECLARATION OF RESTRICTIVE COVENANT REQUIREMENT SET FORTH IN ORDINANCE NO. 2013-02 INTENDED TO RESTRICT THE ALLOWED DENSITY ON A PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE IN THE CITY OF AVENTURA TO NO MORE THAN FIVE (5) RESIDENTIAL DWELLING UNITS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(E)(2A)C OF THE LAND DEVELOPMENT REGULATIONS AND THE CITY'S GREEN BUILDING PROGRAM AS SET FORTH IN ARTICLE VI OF CHAPTER 14 OF THE CITY CODE TO PERMIT A FLOOR AREA RATIO OF 4.8 WHERE THE LAND DEVELOPMENT REGULATIONS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.5 FOR THE DEVELOPMENT OF A RESIDENTIAL BUILDING TO BE CONSTRUCTED AT 20605 NE 34 AVENUE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (61D). Page 3 of 5 Aventura City Commission Regular Meeting Agenda October 3, 2023 E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-143(E)(3)(B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A HEIGHT OF 15 STORIES (192 FEET) WHERE A HEIGHT OF 7 STORIES (80 FEET) IS PERMITTED FOR THE PROPERTY LOCATED AT 20605 NE 34 AVENUE, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6E). ORDINANCES — SECOND READING: F. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO CREATE A HIGH-DENSITY RESIDENTIAL LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Continued to the November 7, 2023 City Commission Meeting G. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM "MEDIUM-HIGH DENSITY RESIDENTIAL" TO "HIGH DENSITY RESIDENTIAL"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6G). Continued to the November 7, 2023 City Commission Meeting H. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-143, "RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A NEW ZONING DISTRICT, "TRANSIT ZONE HIGH DENSITY RESIDENTIAL (RMF5)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Continued to the November 7, 2023 City Commission Meeting I. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT (RMF4), TO TRANSIT ZONE HIGH DENSITY RESIDENTIAL DISTRICT (RMF5); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (61). Continued to the November 7, 2023 City Commission Meeting 7. ORDINANCES — FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 30, ARTICLE III, DIVISION 2 ENTITLED STORMWATER UTILITY SYSTEM, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR THE COLLECTION OF THE STORMWATER UTILITY FEE USING THE UNIFORM METHOD OF COLLECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 5 Aventura City Commission Regular Meeting Agenda October 3, 2023 B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-21 "CAMPING PROHIBITED"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. RESOLUTIONS/PUBLIC INPUT: None. 9. REPORTS 10. PUBLIC COMMENTS 11. OTHER BUSINESS: None. 12. 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—OCTOBER 19,2023 AT 9 AM COMMISSION REGULAR MEETING—NOVEMBER 7,2023 AT 6 PM 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 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: September 29, 2023 SUBJECT: Approval of Minutes October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in September as listed below. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • September 5, 2023 City Commission First Budget Hearing • September 5, 2023 City Commission Regular Meeting • September 13, 2023 City Commission Second Budget Hearing Should you have any questions, please contact me. /elh attachments � &`?i AVENTURA CITY COMMISSION FIRST BUDGET PUBLIC HEARING MINUTES SEPTEMBER 5, 2023 6:00 p.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 Weinberg at 6:10 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, 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 Mayor Weinberg. 3. PUBLIC HEARINGS: ORDINANCES - FIRST READING - 2023/2024 BUDGET: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURAAD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILLS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH AS A PERCENT (%) CHANGE OF ROLLED-BACK RATE OF 1.5573 MILLS IS 10.84% ABOVE THE ROLLED-BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2023 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FORAN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Kruss. Mr. Wasson reviewed the item and reported on the same millage rate for the 28th year in a row for the $20,507,334 budget. No comments were provided by the City Commission. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. Aventura City Commission First Budget Public Hearing Minutes September 5, 2023 The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY THE CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 20, 2023 AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2023/2024 FISCAL YEAR, 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 PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Vice Mayor Bloom. Mr. Wasson reviewed the item. No comments were provided by the City Commission. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Bloom, seconded by Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 6:16 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 3, 2023. Page 2 of 2 &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES SEPTEMBER 5, 2023 Following 6:00 p.m. Local Planning Agency Meeting 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 Weinberg at 6:49 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, 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 done at the First Budget Public Hearing. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Proclamations: Proclamations were presented to Allyson Vaulx, Feeding South Florida, for Hunger Action Month (September 2023) and to Silvia Dominguez Vanni, Mystic Force Foundation, for Childhood Cancer Awareness Month (September 2023). • Special Recognitions: A special recognition certificate was presented to Brad Bohlen, Plum Market, as a vital member of the community. Senator Lauren Book (Lauren's Kids), Stacey Levy (Ellie's Army Foundation), and Silvia Dominguez Vanni (Mystic Force Foundation) were noted for their work through their respective organizations. A short announcement regarding Childhood Cancer Awareness Month was presented. • Employee Service Awards: A special recognition certificate and appreciation item was presented to leshia Brooks, Public Service Aide - Police Department (10 years). Officer Manny Gonzalez was presented with a token of the City's appreciation in recognition of his retirement following over 26 years of service. Aventura City Commission Regular Meeting Minutes September 5, 2023 • Charter School Updates: An update for the Aventura City of Excellence School was provided by Principal Ana Melhuish. An update for the Don Soffer Aventura High School was provided by Principal Geoff McKee, accompanied by Student Government Association President Ethan Bazak. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Vice Mayor Bloom, seconded by Commissioner Kruss, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • July 11 , 2023 City Commission Regular Meeting • July 20, 2023 City Commission Meeting (Budget Review) • July 20, 2023 City Commission Regular Workshop B. Resolution No. 2023-38 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2023-39 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2023-40 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF THE FIFTH MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2023-41 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO IWORQ SYSTEMS, INC. FOR A THREE-YEAR TERM TO IMPLEMENT AN ENTERPRISE ASSET MANAGEMENT SYSTEM AT THE PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 6 Aventura City Commission Regular Meeting Minutes September 5, 2023 F. Resolution No. 2023-42 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SHELLARD LIGHTING DESIGNS, LLC. FOR THE 2023 HOLIDAY LIGHT DISPLAY AT THE PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2023-43 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, IDENTIFYING NEW MEMBERS OF THE GOVERNING BOARDS OF THE DON SOFFER AVENTURA HIGH SCHOOL AND THE AVENTURA CITY OF EXCELLENCE SCHOOL AS REQUIRED BY THE AGREEMENTS BETWEEN THE CITY OF AVENTURA AND THE MIAMI- DADE COUNTY SCHOOL BOARD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY AND PROPER TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. PUBLIC HEARINGS: It was announced that Items 613, 6C, 6D, and 6E are continued to the October 3, 2023 City Commission Meeting: RESOLUTION: Mr. Meyers reviewed the quasi-judicial procedures for Item 6A and Mrs. Horvath administered the oath to all those wishing to offer testimony on the item. Mrs. Horvath read the following Resolution title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E)OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A DENSITY OF 47 DWELLING UNITS PER ACRE, WHERE THE CITY CODE PERMITS 25; (2) TO PERMIT HEIGHTS UP TO 24 STORIES (260'), WHERE THE CITY CODE PERMITS 10 STORIES (100'); (3) TO PERMIT UNITS WITH FLOOR AREAS NO LOWER THAN 658 SQUARE FEET WHERE THE MINIMUM REQUIREMENT IS 900 SQUARE FEET; AND (4) TO PERMIT 1,690 PARKING SPACES, WHERE 2,112 SPACES ARE REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801-20807 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6A). A motion for approval of the Resolution was offered by Commissioner Friedland and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference and entered the staff report recommending approval subject to the conditions listed. Page 3 of 6 Aventura City Commission Regular Meeting Minutes September 5, 2023 No comments were provided on behalf of the Applicant (Bercow, Radell, Fernandez, Larkin & Tapanes on behalf of Aventura Opportunity Owner, LLC) for property located at 20801-20807 Biscayne Boulevard (Aventura Corporate Center). The City Commission briefly discussed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed (5-2) by roll call vote, with Commissioner Friedland and Commissioner Dr. Marks voting no, and Resolution No. 2023-44 was adopted. It was announced that the following items are continued to the October 3, 2023 City Commission Meeting: ORDINANCES — SECOND READING: B. Continued to the October 3, 2023 City Commission Meeting AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO CREATE A HIGH-DENSITY RESIDENTIAL LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. C. Continued to the October 3, 2023 City Commission Meeting AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM "MEDIUM-HIGH DENSITY RESIDENTIAL" TO "HIGH DENSITY RESIDENTIAL"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6C). D. Continued to the October 3, 2023 City Commission Meeting AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-143, "RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A NEW ZONING DISTRICT, "TRANSIT ZONE HIGH DENSITY RESIDENTIAL (RMF5)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. E. Continued to the October 3, 2023 City Commission Meeting AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT (RMF4), TO TRANSIT ZONE HIGH DENSITY RESIDENTIAL Page 4 of 6 Aventura City Commission Regular Meeting Minutes September 5, 2023 DISTRICT (RMF5); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6E). Mrs. Horvath read the following Ordinance title: F. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2022/2023 (JULY 1 —JUNE 30) BY REVISING THE 2022/2023 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Dr. Marks. No comments were provided by the City Commission. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-15 was adopted. 7. ORDINANCE — FIRST READING/PUBLIC INPUT: None. 8. RESOLUTION/PUBLIC INPUT: None. 9. REPORTS: Reports were provided by members of the City Commission as follows: Commissioner Friedland reported on her request for a representative from Miami-Dade County to attend a future workshop to report on the smart corridor. She additionally reported on September as being Suicide Awareness Month and discussed the importance of mental health. Commissioner Kruss reported on the anniversary of 9/11 next week and the importance of remembering and uniting as Americans. He also wished all celebrating a Happy Rosh Hashanah. Commissioner Stern reported on the upcoming Share-the-Road Bike Event. 10. PUBLIC COMMENTS: Mr. Meyers reviewed the rules of decorum and for speaker comments. The following members of the public provided comments: Truly Burton (4000 Island Blvd., Aventura), Jackie Cabral (18470 NE 30th Place, Aventura), Manya Borman Page 5 of 6 Aventura City Commission Regular Meeting Minutes September 5, 2023 (4000 Island Blvd. #1001 , Aventura), Benji Borman (Juvenile), Alice Bonvicini (3029 NE 1881h Street, Aventura), Karen Decou (21055 Yacht Club Drive #2801 , Aventura), Ofelia Duran (3300 NE 191 st Street #101, Aventura), Greg Salazar (3675 North Country Club Drive, Aventura), Michael Jacobs (20875 NE 31 st Place, Aventura), Jeffery Schwager (3330 NE 190th Street #1116, Aventura), Bevin Okay (3340 NE 190th Street #1405, Aventura), Ariel Penzer (3340 NE 190th Street#1708, Aventura), and Xiu Wang (3115 NE 184th Street #4301 , Aventura). 11. OTHER BUSINESS: None. 12. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Kruss, seconded by Vice Mayor Bloom, and unanimously approved; thus, adjourning the meeting at 8.25 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 3, 2023. Page 6 of 6 &`?i AVENTURA CITY COMMISSION SECOND BUDGET PUBLIC HEARING MINUTES SEPTEMBER 13, 2023 6:00 p.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 Weinberg at 6:05 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland', Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, 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 Mayor Weinberg. 3. PUBLIC HEARINGS: ORDINANCES - SECOND READING - 2023/2024 BUDGET: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURAAD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILLS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH AS A PERCENT (%) CHANGE OF ROLLED-BACK RATE OF 1.5573 MILLS IS 10.84% ABOVE THE ROLLED-BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2023 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FORAN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Vice Mayor Bloom and seconded by Commissioner Kruss. No review was requested and no comments were provided by the City Commission. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. 1 Participated via virtual communications media technology. Aventura City Commission Second Budget Public Hearing Minutes Septemberl3, 2023 The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-16 was adopted. Mrs. Horvath read the following Ordinance title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY THE CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 20, 2023 AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2023/2024 FISCAL YEAR, 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 PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Stern. No review was requested and no comments were provided by the City Commission. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-17 was adopted. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Bloom, seconded by Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 6:09 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on October 3, 2023. Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: September 29, 2023 SUBJECT: Resolution Declaring Property as Surplus October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CC03075-23 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg City of Aventura Resolution No. 2023- PASSED AND ADOPTED this V day of October, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA POLICE DEPARTMENT MEMORANDUM TO: Ronald Wasson, City Manager FROM: Michael Bentolila, Chief of Police DATE: September 26, 2023 SUBJECT: Surplus Property 1 would like to have the listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items are no longer adequate for public purposes: Due to a recent reassignment I am requesting that K9 Franklin, currently assigned to Officer Luis Chaidez, be declared surplus. Due to age and temperament his dog is unable to function as an active duty K9. I am also requesting that K9 Franklin has his ownership transferred from the City of Aventura to Officer Luis Chaidez. We have done this in the past with all other K9s and their handlers. City of Aventuna Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager CITY OF AVENTURA GENERAL BILL OF SALE - FOR ITEMS OF PERSONAL PROPERTY K-9 Angus BUYER: Police Officer Luis Chaidez SELLER: City of Aventura DATE OF SALE: Seatember 26t" 2023 PLACE OF SALE: Government Center ITEM(S) SOLD: K-9 Franklin (Details): Per City Commission Approval PRICE PAID: $ 1.00 PAID IN FULL! ITEM(S) ARE SOLD AS IS. NO WARRANTIES WHATSOEVER. SIGNATURE OF BUYER: SIGNATURE OF SELLER: Luis Chaidez, Police Officer Ronald Wasson, City Manager THIS PROPERTY NOW BELONGS TO THE BUYER! PHONE: 305-466-8900 ■ FAX: 305-466-8939 www.cityofaventiura.com CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Mana e THRU: Jake Ozyman, Director of Public Work BY: Heath E. Papkov, Capital Projects Mana4p DATE: September 29, 2023 SUBJECT: Bid No: 23-08-25-3 —Waterways Dog Park Pre-Engineered Restroom Building October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 23-08-25-3, Waterways Dog Park Pre-Engineered Restroom to the lowest responsible and responsive bidder, Green Engineering & Construction, Inc. for the price of $394,145.25. This project will be funded by Budget Line Item Number 101-8050- 861.64-02. BACKGROUND In accordance with the City's Purchasing Code, bids for this project were solicited, advertised, and opened on September 1, 2023. The City received two (2) bids for this project which are listed below in order from lowest to highest. • Green Engineering & Construction, INC. $394,145.25 • ABS General Contractors, Inc. $436,928.52 This bid price allows for the furnishing of all labor, materials, tools, equipment, machinery, superintendence, mobilization, and services necessary for the installation of the park pre- engineered restroom and utility infrastructure. If you have any questions or need any additional information, please feel free to contact me. K mley>)>Hard September 8,2023 City of Aventura Ronald J. Wasson, City Manager 19200 West Country Club Drive Aventura, FL 33180 Re: City ofAventura Waterways Dog Park Pre Engineered Restroom Building City ofAventura Bid No. 23-08-25-3 Bid Recommendation 043508137 Dear Mr. Wasson: The City of Aventura (City) advertised the Waterways Dog Park Pre-Engineered Restroom Building on August 2,2023.A pre-bid meeting was held on August 9th,2023 to discuss the project with potential bidders, and on August 25th,2023 bids were publicly opened and read. The project primarily includes the installation of one(1)pre-engineered unisex restroom building,one(1)pre-fabricated submersible pump station, and the associated site improvements including pedestrian connectivity, water, sewer, and electrical service at the Waterways Dog Park. The project also includes sidewalk and site restoration. The following is a bid summary of the Total Bid Amounts (minus allowances)for the two (2)bidding contractors: 1. Green Engineering&Construction, $ 394,145.25 Inc. 2. ABS General $ 436,928,52 Kirnley-Hom has been asked to review the bids and provide a recommendation of award. Based on the results of the bid,the apparent low bidder is Green Engineering&Construction,Inc. (GEC)with a total bid amount of$394,145.25.Kimley-Horn recognizes GEC as the most qualified bidder for this project. The Florida DBPR Online Services website shows a Certified General Contractor (GC) license currently registered with the Florida Department of Business and Professional Regulation for GEC, License#CGC1511281. Kimley-Horn called the three(3)references provided by the contractor. Two (2) of the three (3) references answered and both were overly satisfied with the Contractor's performance and would utilize their services again. As a result, the recommendation is to award this contract to GEC as the most responsive bid. The schedule of this contract is an important element of the project. Therefore, there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule. The schedule is to have all work completed within 90 calendar days from the Notice to Proceed date. The liquidated damages are set at$1,000.00 per day. ��I � IIII ii D I Y i 11 � •. i � i{ Y� .. Kimley)))Horn City of Building Waterways Dpg Park Pre-Engineered Restroom Building Bid Recommendation,Page 2 1 would like to thank the City of Aventura for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information,please contact me at(954) 535-5137, Sincerely, KIMLEY-HORN&ASSOCIATES,INC. Marissa Maring,P.E. Project Manager Copy To: file K3TM Civil\043 jobs104350g137 Waurways ZYog Park Restroom BldgsRidding�Bid'Recommendation-Waterways nog Park.doex CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR BID NO. 23- 08-25-3, WATERWAYS DOG PARK PRE-ENGINEERED RESTROOM BUILDING, TO GREEN ENGINEERING & CONSTRUCTION, INC. AT THE BID PRICE AS OUTLINED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has properly solicited and accordingly accepted bids for Bid No. 23-08-25-3 Waterways Dog Park Pre-Engineered Restroom Building; and WHEREAS, sealed bids have been submitted to and received by the City as cited above; and WHEREAS, staff has determined that Green Engineering & Construction, Inc. ("GEC") has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to GEC as the lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the contract for Bid No. 23-08-25-3 Waterways Dog Park Pre- Engineered Restroom Building is hereby awarded to Green Engineering & Construction, Inc. in the amount of$394,145.25. Section 2. That the City Manager is hereby authorized to execute a contract with Green Engineering & Construction, Inc. in the amount set forth in the Commission memorandum. Section 3. That the City Manager is hereby authorized to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Capital Improvements Program Budget Line Item Number 101-8050-861.64-05. Section 5. That this Resolution shall be effective immediately upon its adoption. City of Aventura Resolution No. 2023- 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this V day of October, 2023. HOWARD S. WEINBERG, ESQ MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager i BY: Heath E. Papkov, Capital Projects anager DATE: September 29, 2023 SUBJECT: Recommendation — Change Order No. 1 — Founders Park South Facility — Sun Shade Procurement, Installation, and Permitting. October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution for a Change Order (No. 1) in the amount of$310,351.91, for the purchase and construction of a 52' x 160' shade canopy. The project will be funded by Budget Line Item number 101-8050- 861.63-07. BACKGROUND This item is per the City's request for the procurement and installation of a 52' x 160' shade canopy structure at Founders Park South. The contractor has indicated a lead time of sixty (60) days to the total project timeline. This project will include the procurement of the shade canopy system, permitting reimbursement, foundation work, excavation, and electrical work. I have reviewed Change Order No. 1 in the amount of $310,351.91 and recommend approval. Fiscal Impact This project (#5001-02) is funded by the ARPA grant. The City Commission authorized this project under Resolution 2022-15 (modified through Resolution No. 2022-33 on April 5, 2022 and Resolution No. 2022-62 on November 1, 2022) related to the City's project plan for American Rescue Plan grant funding. The full amount of the Change Order was not included in the original project budget of $1,750,000. The ARPA project plan will be amended to reflect the revised total amount. This expenditure is charged to account # 101-8050-861.63-07 If you have any questions or need any additional information, please feel free to contact me. CITY OF AVENTURA CHANGE ORDER FORM CHANGE ORDER NO. 1 m �c �h OfE�c�l� CONTRACT NUMBER: 23-02-27-3 DATE: 9/14/2023 PROJECT TITLE: Founders Park South Facility PROJECT CONTRACTOR: Bejar Construction, Inc. COST: $310.351.73 BUDGET LINE ITEM: 101-8050-861.63-07 DESCRIPTION OF CHANGES:Additional costs forthe reimbursement of permit fees from Miami-Dade County RER Tree Division and RER Building Division. Original Contract: $1,308,748.00 Total Previous Change Orders: $ 0 This Change Order: $ 310,351.73 Revised Contract Amount: $ 1,619,099.91 Total Change Orders to Date: 0 Contract Amount Before This Change: $ 1,308,748.00 Total Change in Contract Period: $ 310,351.91 The sum of$310,351.73 is hereby added to the Contract price,and the total adjusted Contract price to date thereby is $1,619,099.91. The time provided for completion of the Contract will increase project completion by 60 days. This document shall become an amendment to the Contract and all provisions of the Contract will apply thereto. Recommended by Con uit t Date Recommended by L/y ZL3 Capital P5 cts Manager Date Recommended for Budgetary Purposes: Fina Support ervices Director Date / Approved b zc� 9 �`� Z� Vi'yW g Da e / Accep by A_\3L2_s ontractor Date Kimley>>> Horn Date: September 13,2023 Project Name: Founders Park South Facility Contract Number: 23-02-27-3 Project Engineer: Marissa Maring,P.E. Kimley-Horn and Associates,Inc. Contractor: Bejar Construction,Inc. Change Order 91 includes costs associated with the installation of a shade canopy structure over the proposed pickleball courts, as requested by the City of Aventura(City). The installation of the shade canopy structure required modifications to the proposed drainage infrastructure as well as additional light fixtures and conduit.Additionally,the change order includes reimbursement costs associated with the Miami-Dade County permit fees. The Total Cost Change requested is$310,351.91. Included in the change order is the contract time extension request of sixty (60) calendar days and a revised construction schedule provided by Bejar Construction,Inc. Based on Kimley-Horn's review of CO#1 and the contract time extension request,we feel that the cost requested is fair and in general conformance with current industry standards and as such,recommend approval of CO 91. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Marissa Maring, P.E. KAFTL_Civil\043 jobs\043508129 Founders Park\Construction\Change Orders\City Change Order#1\Change Order#1 Recommendation.docx (Beiar Construction, Inc. 6326S.W 191 Avenue Pem6roke Wines, Florida 33332 (954)431-5981 Office (954)431-4627 Fax Request for Change Order No. #01 September 5,2023 City of Aventura Department of Public Works/Transportation 19200 West Country Club Drive Aventura,Florida 33180 Att:Mr.Antonio Tomei Ref: Founders Park South Facility Dear Mr.Tomei We hereby submit RCO#01 for the following: Description:Fumish all labor,materials,and equipment necessary for the unloading and installation of one shade system structure 1608 x 52ft x 16' high(See attached drawings). Excavate,form, install all reinforcements and pour concrete for twelve(12)42"x 74"concrete footings and remove excess fill from site and installation of one M.H.and approximately 91f of 15"HDPE to match existing pipe invert at C.B. #3 and delete two electrical post and four light fixtures and add 10 new ceiling mounted light fixtures underneath the structural canopy. 1) Furnish on 52'x 160'Rectangle Mega Span—16'Eave Canopy: $195,318.00 2) Foundation work(See attached cost breakdown from Chopper's Const.Corp.): $ 58,250.00 3) Furnish(48) 1"x 24"threaded anchor bolts(48 anchor bolts x$25.00ea): $ 1,200.00 4) Removal of excess fill from foundations(66cy @$15.15cy): $ 1,000.00 5) Furnish and install 91f+/-of 15HDPE(91f @$110.00): $ 990.00 6) Additional M.H.#01: $ 5,060.00 7) Core Drill&Mudd Invert at CB#3: $ 1,320.00 8) Electrical revision to Pickel Court area(See attached proposal from F&L Elec.): $ 9,842.00 9) Survey(Canopy Structure): $ 450.00 Sub Total: $273,430.00 10%Overhead and Profit: $ 27,343.00 Sub Total: $300,773.00 1%Bond $ 3,007.73 Total: $303,780.73 The contract time will(increased)(decreased)(unchanged)by:60 days If you should have any questions do not hesitate to contact me at(954)431-5981 ank u Bejar nstruction,Inc. 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LL P, 1 rf IT T 6Y AJL � HIE We N, IT J a J I as 0, t T I 10 w 0 72 , 1 ............. .......... .......... ........................................... .................. > >, ........ 2 � i I CL 'o J1 I g ; co t 11 1 1 t E pil U Ca z E HIP Mg, ;o cn Cc 0 Ip ml H CU --------- .0 N, LU up LLI K'o tR > a I 0 — . T F- C14 0 C? C l 8 L� I o E > > UJ slu LL 0 C: 0 uj LU LU cn w CO C) L) .s 0 U)i ly a: CM c a) CN r, a) > -05 CD co C? ............... t5 2 (U ca E LU LU ch Of LU 0 1) C6 C, C3 ............. 0 LLJ LU LLi LLJ L) E x .......................utj L=Pi 0 M 0 a) C4 0) m c LU < a) N ce) LU a-4 gr a) lux !i w I LU LLI LU < ,T -E Z Cl) Cal N 0 0 _0 co 2� 0 A� tY LU _U 6080 LLJ LL 4) s F— OES 0 CO E 4) Uji FZ -z- q 0 cli LLJ a) 0 ca as i C14 ry Cl) d) c -It co w r.0 LU LIJ LU N en c UP 0 CL U) Z, CN W OLU -6 9 W. of C: U) ui < N z ct :z co, < z 5L ..z 0 '0 V) CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR THE INSTALLATION OF A SHADE CANOPY STRUCTURE AS PART OF THE FOUNDERS PARK SOUTH FACILITY PROJECT, BY AND BETWEEN THE CITY AND BEJAR CONSTRUCTION, INC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute and otherwise enter into a Change Order for the Founders Park South Facility Project, by and between the City of Aventura and Bejar Construction, Inc., attached hereto and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $310,351.91. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this 3rd day of October, 2023. City of Aventura Resolution No. 2023- HOWARD S. WEINBERG, ESQ MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA CHANGE ORDER FORM CHANGE ORDER NO. 1 m �c �h OfE�c�l� CONTRACT NUMBER: 23-02-27-3 DATE: 9/14/2023 PROJECT TITLE: Founders Park South Facility PROJECT CONTRACTOR: Bejar Construction, Inc. COST: $310.351.73 BUDGET LINE ITEM: 101-8050-861.63-07 DESCRIPTION OF CHANGES:Additional costs forthe reimbursement of permit fees from Miami-Dade County RER Tree Division and RER Building Division. Original Contract: $1,308,748.00 Total Previous Change Orders: $ 0 This Change Order: $ 310,351.73 Revised Contract Amount: $ 1,619,099.91 Total Change Orders to Date: 0 Contract Amount Before This Change: $ 1,308,748.00 Total Change in Contract Period: $ 310,351.91 The sum of$310,351.73 is hereby added to the Contract price,and the total adjusted Contract price to date thereby is $1,619,099.91. The time provided for completion of the Contract will increase project completion by 60 days. This document shall become an amendment to the Contract and all provisions of the Contract will apply thereto. Recommended by Con uit t Date Recommended by L/y ZL3 Capital P5 cts Manager Date Recommended for Budgetary Purposes: Fina Support ervices Director Date / Approved b zc� 9 �`� Z� Vi'yW g Da e / Accep by A_\3L2_s ontractor Date CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: September 29, 2023 SUBJECT: Re-Appointment of Special Masters for Code Enforcement Process October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission ratify the City Manager's re-appointment of Barbara Buxton, Esq. and Daniel Naim as Special Masters for the City of Aventura Code Enforcement process. BACKGROUND Section 4 of Ordinance 96-14, which established the City's Code Enforcement Process, provides for the City Manager to appoint Special Masters, subject to City Commission ratification, for a term of one year. The above-referenced individuals are submitted to you for re-appointment as Special Masters. If you have any questions please feel free to contact me. RJW/act CC03082-23 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: September 29, 2023 SUBJECT: Disbursement of Police State Forfeiture Funds October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police State Forfeiture Funds: "Motion authorizing the appropriation of up to $10,000 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". If you have any questions, please feel free to contact me. RJW/act Attachment CC03084-23 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Michael Bentolila, Chief of Police DATE: September 26, 2023 SUBJECT: Use of State Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of State Forfeiture Funds for: Crime Prevention programs, equipment and training $10,000 Total Expenditure Request: $10,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Crime Prevention equipment, programs and training - This is a request to spend up to $10,000 of State Forfeiture Funds to fund our departmental Crime Prevention unit. Funds will be used for crime and drug prevention programs, and for all Crime Prevention equipment and training for the upcoming FY 2023-2024. All expenses for the Crime Prevention unit will come out of these approved funds in lieu of the Operating budget or CIP budget. CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (ACES Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: September 29, 2023 SUBJECT: Special Purpose Financial Report for the Aventura City of Excellence School (ACES) for the Fiscal Year Ended June 30, 2023 October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Special Purpose Financial Report for the Aventura City of Excellence School for the fiscal year ended June 30, 2023 and to accept for filing that letter dated September 15, 2023 attached hereto as Attachment 1." BACKGROUND The Special Purpose Financial Report (the "Report") for the Aventura City of Excellence School ("ACES") was electronically distributed to the Mayor and Commissioners on September 29, 2023 along with our memorandum. In addition, a letter dated September 15, 2023 ("Attachment 1") from our auditors — Keefe McCullough was attached to the Commission agenda for your review. In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the October 3rd Commission Meeting. In addition, the auditors have requested that their letter ("Attachment 1") be accepted for filing with the City Commission. A representative from Keefe McCullough will be present at the meeting. However, since the Report is the responsibility of the City, I respectfully request that any questions be discussed with the City Manager prior to the meeting. CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (ACES Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: September 29, 2023 SUBJECT: Aventura City of Excellence School (the "School") Special Purpose Financial Report for the Fiscal Year Ended June 30, 2023 Background As required by State law and our Charter School Contract with the Miami-Dade County Public School District, we have prepared the Aventura City of Excellence School's (the "School's") financial statements (the "Report") for the fiscal year ended June 30, 2023 (attached). This Report encompasses the School's 20t" year of operations and was audited by Keefe McCullough. The Report complies with Generally Accepted Accounting Principles ("GAAP"), which includes Governmental Accounting Standard Board ("GASB") Statement No 34. The cover reflects that the Report contains the "Special Purpose Financial Report" for the "Aventura City of Excellence School, a Special Revenue Fund of the City of Aventura, Florida." As a result, the School's financial operations will be reflected in the City's Annual Comprehensive Financial Report for the fiscal year ended September 30, 2023, as well as in this Report. The key schedules in this Report include the: 1. Statement of Revenues, Expenditures and Change in Fund Balance — Governmental Fund (page 14), and the; 2. Schedule of Revenues and Expenditures — Budget and Actual — General Fund, (page 24). Please note that on page 25, revenue and expenditures (Actual Amounts GAAP Basis Column), aggregated $14,113,991 and $15,531,946 respectively. The difference between revenue and expenditures of $1,417,955 results in an increase in fund deficit from $1,584,222 to $3,002,177 at June 30, 2023. As indicated under the Financial Highlights section of the MD&A, revenues earned but not received within the School's current fiscal year are considered to be deferred inflows of resources rather than 1 income at the fund level. At June 30, 2023, the School had over $728,333 of deferred inflows of resources relating to the ESSER grant that the School's management fully anticipates will be received and recognized as income during the coming fiscal year. Due to the timing differences of when the ESSER grant's revenues and expenditures will be/are recognized, the School's loss in the current year appears to be higher than anticipated, resulting in a temporary reduction of fund balance which will reverse in the coming years. The City is fully committed to providing cash advances to ACES to ensure there is no lapse in the resources available that ACES students need. Please refer to Note 10 on page 23 further discussion on the fund deficit. Actual expenditures totaled $15,531,946 or 97.37% of the final budgeted amount of $15,952,229. The balance of the Report contains the School's statements and a narrative on a GASB 34 basis. The purpose of the GASB 34 governmental financial statements is to more closely resemble the financial statements of non-governmental entities. Therefore, the Statement of Net Position (page 10) is reconciled to the Balance Sheet (page 12) on the Reconciliation of the Balance Sheet — Governmental Fund to the Statement of Net Position on page 13. Similarly, the Statement of Activities (page 11) reflects a change in net position which is reconciled to the Statement of Revenues, Expenditures and Changes in Fund Balance of the Governmental Fund on page 14. The auditor letter dated September 15, 2023 is also required to be distributed to the City Commission by generally accepted auditing standards and was therefore attached to the October 3, 2023 City Commission Meeting Agenda. The reports contained on pages 26 — 29 of the Special Purpose Financial Report are required by government auditing standards and the Rules of the Auditor General of the State of Florida. Please note that none of these documents contain any negative comments about the School's or City's operations. Future Actions In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the October 3rd Commission Meeting. Upon your review of this memorandum, please contact the City Manager with any questions you may have. 2 Attachment 1 r(YENRS Keefe .W � lKullough +Trusted Advisors T September 15, 2023 To the Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School City of Aventura, Florida We have audited the basic financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the "School"), for the year ended June 30, 2023. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated February 7, 2023. Professional standards require that we provide you with the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies.The significant accounting policies used by the School are described in Note 2 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year ended June 30, 2023 except for the implementation of GASB Statement No. 87: Leases. We noted no transactions entered into by the School during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the School's financial statements is as follows: • Depreciation of capital assets - Depreciation is provided on a straight-line basis over the respective estimated useful lives ranging from 3 to 25 years. The School has informed us they used all relevant facts available to them at the time of acquisition to make the best judgments about the depreciation methods and estimated useful lives of capital assets. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 �v®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting BEST PLACES TO WORK Aventura City of Excellence School -2- September 15, 2023 Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. There were no uncorrected misstatements detected as a result of audit procedures. A detailed list of audit journal entries was provided to management and is available upon request. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated September 15, 2023. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the School's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the School's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. As described in Note 10 to the financial statements, at the end of the fiscal year 2022/23, the School reported a deficit fund balance of approximately $ 3 million. We discussed with management the importance of prioritizing and remaining committed to the Elementary and Secondary School Emergency Relief Fund (ESSER) grant reimbursement process to ensure, that along with the City's financial commitment, resources are made available to the School to overcome such deficit. The School should continue all efforts towards invoicing all grant allowable expenditures as soon as practical. Other Matters We applied certain limited procedures to management's discussion and analysis and the budgetary comparison schedule which is required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. Aventura City of Excellence School -3- September 15, 2023 Restriction of Use This information is intended solely for the information and use of the Members of the City Commission and management of the Aventura City of Excellence School and is not intended to be, and should not be, used by anyone other than these specified parties. We would be pleased to discuss any questions that you may have. Very truly yours, � -wa" KEEFE McCULLOUGH AVENTURA CITY OF EXCELLENCE SCHOOL A Special Revenue Fund of the City of Aventura, Florida 4-11 VPi�1g / i S ecial Purposep Financial Report For the Fiscal Year ended June 30, 2023 ACES Aventura City of Excellence School (A Special Revenue Fund of the City of Aventura, Florida) Basic Financial Statements and Supplemental Information For the Year Ended June 30, 2023 rrY %-Keefe .ERRS McCullough CPAs +Trusted Advisors Aventura City of Excellence School Table of Contents Independent Auditor's Report 1-3 Management's Discussion and Analysis (Not Covered by Independent Auditor's Report) 4-9 Basic Financial Statements Government-wide Financial Statements: Statement of Net Position (Deficit) 10 Statement of Activities 11 Fund Financial Statements: Balance Sheet - Governmental Fund 12 Reconciliation of the Balance Sheet -Governmental Fund to the Statement of Net Position (Deficit) 13 Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Fund 14 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Fund to the Statement of Activities 15 Notes to Basic Financial Statements 16-23 Required Supplementary Information Schedule of Revenues and Expenditures - Budget and Actual - General Fund 24 Notes to Required Supplementary Information 25 Other Independent Auditor's Reports Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards 26-27 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 28-29 INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the City Commission of the City of Aventura Aventura City of Excellence School Aventura, Florida Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities and the major fund of Aventura City of Excellence School (the "School"), a Special Revenue Fund of the City of Aventura, Florida (the "City") as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the School's basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the major fund of the School, as of June 30, 2023, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the School and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter As discussed in Note 1, the financial statements of the School present only the Special Revenue Fund of the City and they do not purport to, and do not, present fairly the financial position of the City as of June 30, 2023 and the changes in its financial position or budgetary comparisons, where applicable, for the year ended June 30, 2023 in conformity with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.corn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 v©® Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 1 BEST PLACES TO WORK Aventura City of Excellence School Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the School's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the School's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. 2 Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated September 15, 2023 on our consideration of the School's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the School's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the School's internal control over financial reporting and compliance. L/4-w * KEEFE McCULLOUGH Fort Lauderdale, Florida September 15, 2023 3 MANAGEMENT'S DISCUSSION AND ANALYSIS rr ,"N..Keefe .�' McCullough CPAs +Trusted Advisors Aventura City of Excellence School Management's Discussion and Analysis June 30, 2023 As management of Aventura City of Excellence School (the "School"), a Special Revenue Fund of the City of Aventura, Florida, we offer readers of the School's basic financial statements this narrative overview and analysis of the financial activities of the School for the year ended June 30, 2023. Management's discussion and analysis is included at the beginning of the School's basic financial statements to provide, in layman's terms, the past and current position of the School's financial condition. This summary should not be taken as a replacement for the audit which consists of the basic financial statements and other supplementary information. Financial Highlights Our basic financial statements provide these insights into the results of this year's operations. • The School's net position (deficit) was $ (853,392) as of June 30, 2023. Of this amount, $ (2,462,278) represents unrestricted net position (deficit). • The School's net position decreased by $ 2,543,931 during the current fiscal year as a result of this year's operations. • As of June 30, 2023, the School's fund balance (deficit) was $ (3,002,177), which was an increase of the deficit of $ 1,584,222 from its prior year. Revenues earned but not received within the School's current fiscal year are considered to be deferred inflows of resources rather than income at the fund level. At June 30, 2023, the School had $ 728,333 of deferred inflows of resources relating to the ESSER grant that the School's management fully anticipates will be received and recognized as income during the coming fiscal year. Due to the timing differences of when the ESSER grant's revenues and expenditures are being recognized, the School's loss in the current year appears to be higher than anticipated by $ 728,333, resulting in a temporary reduction of fund balance which will reverse in the coming years. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the School's basic financial statements. The School's basic financial statements are comprised of three components: 1) government-wide basic financial statements, 2) fund basic financial statements, and 3) notes to the basic financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Basic Financial Statements: The government-wide basic financial statements are designed to provide readers with a broad overview of the School's finances, in a manner similar to a private-sector business. The statement of net position presents information on all of the School's assets and liabilities, and deferred inflows/outflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the School is improving or deteriorating. However, as a governmental entity, the School's activities are not geared toward generating profit as are the activities of commercial entities. Other factors such as School safety and the quality of education, must be considered in order to reasonably assess the School's overall performance. 4 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2023 The statement of activities presents information showing how the School's net position changed during the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected revenues and services rendered, but unpaid). The government-wide basic financial statements include all governmental activities that are principally supported by grants and entitlements from the state for full-time equivalent funding. The School does not have any business-type activities. The governmental activities of the School primarily include instruction and instructional support services. The government-wide basic financial statements can be found on pages 10 and 11 of this report. Fund Basic Financial Statements: A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The School has only one (1) category of funds -governmental funds. Governmental Funds: Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near- term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in assessing the School's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the School's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and changes in fund balance provide a reconciliation to facilitate this comparison between the governmental fund and governmental activities. The School maintains one individual governmental fund. Information is presented in the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and changes in fund balance. The governmental fund basic financial statements can be found on pages 12 through 15 of this report. Notes to Basic Financial Statements: The notes provide additional information that is essential for a full understanding of the data provided in the government-wide and fund financial statements. The notes to basic financial statements can be found on pages 16 through 23 of this report. Required Supplementary Information: In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the School's adopted budget to actual results. 5 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2023 Government-Wide Financial Analysis As noted earlier, net position over time, may serve as a useful indicator of financial position. The following table presents a comparative analysis of the condensed government-wide statements of net position: Aventura City of Excellence School Summary of Net Position (Deficit) June 30, June 30, 2023 2022 Variance %Variance Assets: Current assets $ 857,410 $ 1,791,640 $ (934,230) -52.14% Capital assets, net of depreciation 1,608,886 1,682,661 (73,775) -4.38% Total assets 2,466,296 3,474,301 (1,008,005) -29.01% Liabilities: Current liabilities 3,178,363 1,686,101 1,492,262 88.50% Noncurrent liabilities 141,325 97,661 43,664 44.71% Total liabilities 3,319,688 1,783,762 1,535,926 86.11% Net Position: Net investment in capital assets 1,608,886 1,682,661 (73,775) -4.38% Unrestricted (deficit) (2,462,278) 7,878 (2,470,156) -31355.11% Total net position (deficit) $ (853,392) $ 1,690,539 $ (2,543,931) -150.48% The decrease in current assets from the prior year reflect the decrease in accounts receivable. The large balance in the prior year was primarily related to expected ESSER grant reimbursement revenue. In FY 2022/23 the School received a significant portion of this revenue. The decrease in capital assets is the result of the current year depreciation as there were minimal capital asset additions during the year. The increase in current liabilities is primarily the result of the cash advance from the City of Aventura in order to support all expenditures incurred by the School to be reimbursed by ESSER grant funding. The decrease in total net position is the result of an operational loss related to the significant costs incurred in order to rebound from the negative impact experienced from the COVID-19 pandemic. The School's goal was to ensure students did not fall behind in their education. 6 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2023 Government-Wide Financial Analysis (continued) The following table presents comparative information of the condensed government-wide statements of changes in net position: Aventura City of Excellence School Summary of Changes in Net Position (Deficit) June 30, June 30, 2023 2022 Variance %Variance Revenues: General revenues $ 8,576,473 $ 8,555,255 $ 21,218 0.25% Program revenues: Charges for services 500,687 269,187 231,500 86.00% Operating grants and contributions 3,362,358 1,727,529 1,634,829 94.63% Capital grants and contributions 680,491 664,533 15,958 2.40% Total revenues 13,120,009 11,216,504 1,903,505 16.97% Expenses: Instruction 10,936,456 8,050,228 2,886,228 35.85% Instructional media services 186,141 122,336 63,805 52.16% Operation of facility 2,563,795 2,325,548 238,247 10.24% School administration 1,607,839 1,475,589 132,250 8.96% Pupil transportation services 369,709 244,500 125,209 51.21% Community services - 32,265 (32,265) -100.00% Total expenses 15,663,940 12,250,466 3,413,474 27.86% Change in net position (deficit) $ (2,543,931) $ (1,033,962) $ (1,509,969) 146.04% • General revenues remained relatively consistent in comparison to prior year. • Charges for services increased mostly due to revenue generated by the School's lunch program. The free lunch program offered in the prior year was discontinued which led to higher participation rates in FY 2022/23. • Operating grants and contributions increased as a result of ESSER grant revenue as well as funding received from Miami-Dade County School Board from the referendum settlement and FY 2022/23 referendum stipends. • Total expenses increased by approximately 27.86% due to the following: o Instruction and Instructional media services — The majority of the increase is due to stipends that were paid to the teachers as a result of the School obtaining a referendum settlement from the Miami-Dade County School Board. In addition, the School paid bonuses to teachers funded by ESSER grant proceeds. o Operation of facility— Repair and maintenance costs increased by approximately $124,000 and Food Services increased by approximately$70,000. o School administration — In FY 2022/23, the School resumed student field trips and after school programs which resulted in increased costs of approximately $100,000. Staff training also increased by approximately$41,000. o Pupil transportation services — Transportation costs increased due to an increase in the rate charged by the vendor and the need for additional routes. o Community Services — These expenses decreased because the City assumed responsibility for the School's after school day care. 7 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2023 Financial Analysis of the School's Funds As noted earlier, the School uses fund accounting to maintain control over resources that have been segregated for specific activities or objectives. The focus of the School's governmental funds is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the School's financing requirements. In particular, unassigned fund balance, including assigned for subsequent year's budget, may serve as a useful measure of the School's net resources available for spending at the end of the fiscal year. As of the end of fiscal year 2022/2023 the School's governmental fund reported an ending fund balance (deficit) of$ (3,002,177). The fund balance deficit increased by $ 1,417,955 from the prior year. The decrease in fund balance is a result of having to defer certain ESSER revenues that were not received within the period of availability. The fund balance deficit will be fully eliminated when the revenue is collected. Budgetary Highlights The 2022/2023 school year represents the 21th year of operations for ACES. During the past year, the budget was amended by $ 4,296,200. The increase was necessary due to the additional ESSER and referendum funding primarily that was unknown at the time the original budget was prepared. The additional ESSER funding was primarily used to hire additional teachers and staff as well as provide on-line and in person tutoring. The referendum funding was used to provide stipends to instructional personnel as well as fund security personnel for the current school year and previous years (FY 19/20, 20/21 and 21/22). Capital Assets and Debt Administration As of June 30, 2023, the School had an investment in capital assets of $ 1,608,886. This amount is net of accumulated depreciation of$ 2,000,882. This amount represents a net decrease of$ 73,775 or approximately 4%. The School has no outstanding debt. Economic Factors Facts, decisions or conditions that are expected to have a significant effect on the financial position or results of operations of the School in fiscal year 2023/2024 include the following: • For the last three years, COVID-19 has caused major disruption in international and U.S. economies and markets. School operations have returned to a "traditional" environment; however, the pandemic had a significant impact on learning worldwide. In response to this, the US Department of Education awarded funding to states and school districts through the Elementary and Secondary School Emergency Relief (ESSER) Fund to help schools address the negative impact caused by the pandemic. The School continues to utilize this funding to invest in technology, pay additional teachers and staff to ensure students have the resources necessary to help bridge the gap through tutoring, summer learning and afterschool programs. ESSER grant related revenue and expenditures are included in the FY 2023/24 budget. • Teacher salary increases reflect the previously adopted performance pay plan in accordance with Florida Statute 1012.22, rewarding teachers who are rated effective and highly effective. 8 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2023 • The 2023/2024 operating budget increased by $ 1,694,893 or 14.5%, primarily due to the increase in personnel services. The school budgeted $ 950,000 for Referendum revenue from Miami-Dade County and $ 190,000 for the Florida School Recognition Program Awards (A+ Revenues) to offset most of the increase. The remaining increase was due to increases in insurance, utility and transportation costs which will be offset by a transfer from the City. FTE revenues are driven by a net enrollment, which remained the same as prior year, at 1,032. The budget also provides funding for lease payments to the City to satisfy long-term financing costs related to the construction of the elementary school wing. However, the important factor remains the same as the prior year, which is the actions required to continue to respond to the COVID-19 pandemic through ESSER grant funding. Requests for Information This financial report is designed to provide a general overview of the Aventura City of Excellence School's finances for all those with an interest. If you should have any questions pertaining to the information presented in this report or would like additional information, please contact the City of Aventura's Finance Director at the City of Aventura, 19200 West Country Club Drive, Aventura, Florida 33180. 9 BASIC FINANCIAL STATEMENTS S Keef erfi7.'.%�' McCullough CPAs +Trusted Advisors Aventura City of Excellence School Statement of Net Position (Deficit) June 30, 2023 Governmental Activities Current Assets: Cash and cash equivalents $ 400 Due from other governments 781,614 Prepaid expenses 75,396 Total current assets 857,410 Noncurrent Assets: Capital assets, net of accumulated depreciation 1,608,886 Total assets 2,466,296 Current Liabilities: Accounts payable 212,822 Accrued expenses 655,454 Due to City 2,262,978 Compensated absences 47,109 Total current liabilities 3,178,363 Noncurrent Liabilities: Compensated absences 141,325 Total noncurrent liabilities 141,325 Total liabilities 3,319,688 Net Position (Deficit): Net investment in capital assets 1,608,886 Unrestricted (deficit) (2,462,278) Total net position (deficit) $ (853,392) The accompanying notes to basic financial statements are an integral part of these statements. 10 Aventura City of Excellence School Statement of Activities For the Year Ended June 30, 2023 Governmental Activities Program Revenues Net Revenue Charges Operating Capital (Expense) and for Grants and Grants and Change in Expenses Services Contributions Contributions Net Position Functions/Programs: Instruction $ 10,936,456 $ 144,513 $ 3,032,996 $ - $ (7,758,947) Instructional media services 186,141 - - - (186,141) Operation of facility 2,563,795 143,349 203,782 680,491 (1,536,173) School administration 1,607,839 - - - (1,607,839) Pupil transportation services 369,709 - 125,580 - (244,129) Community services - 212,825 - - 212,825 Total governmental activities $ 15,663,940 $ 500,687 $ 3,362,358 $ 680,491 (11,120,404) General revenues: FTE nonspecific revenues 8,277,692 Investment earnings 7,229 Miscellaneous income 141,552 Other revenues 150,000 Total general revenues 8,576,473 Change in net position (deficit) (2,543,931) Net position, July 1, 2022 1,690,539 Net position (deficit),June 30, 2023 $ (853,392) The accompanying notes to basic financial statements are an integral part of these statements. 11 Aventura City of Excellence School Balance Sheet- Governmental Fund June 30, 2023 General Fund Assets: Cash and cash equivalents $ 400 Due from other governments 781,614 Prepaid expenditures 75,396 Total assets $ 857,410 Liabilities: Accounts payable $ 212,822 Accrued expenses 655,454 Due to City 2,262,978 Total liabilities 3,131,254 Deferred Inflows of Resources: Unavailable revenues 728,333 Fund Balance (Deficit): Nonspendable 75,396 Unassigned (deficit) (3,077,573) Total fund balance (deficit) (3,002,177) Total liabilities, deferred inflows of resources and fund balance $ 857,410 The accompanying notes to basic financial statements are an integral part of these statements. 12 Aventura City of Excellence School Reconciliation of the Balance Sheet- Governmental Fund to the Statement of Net Position (Deficit) June 30, 2023 Total Fund Balance (Deficit) - Governmental Fund $ (3,002,177) Amounts reported for governmental activities in the statement of net position (deficit) are different because: Capital assets used in governmental activities are not financial resources; and therefore, are not reported in the governmental funds: Cost of capital assets $ 3,609,768 Accumulated depreciation (2,000,882) 1,608,886 Unavailable revenue in the governmental fund is susceptible to full accrual in the government-wide statements. 728,333 Long-term liability which is not due and payable in the current period; and therefore, is not reported in the governmental fund: Compensated absences (188,434) Net Position (Deficit) of Governmental Activities $ (853,392) The accompanying notes to basic financial statements are an integral part of these statements. 13 Aventura City of Excellence School Statement of Revenues, Expenditures and Changes in Fund Balance- Governmental Fund For the Year Ended June 30, 2023 General Fund Revenues: Federal sources $ 1,213,401 State sources 9,203,365 Local sources 3,689,996 Investment earnings 7,229 Total revenues 14,113,991 Expenditures: Instruction 10,936,456 Instructional media services 186,141 Operation of facility 2,147,258 School administration 1,549,620 Pupil transportation services 369,709 Capital outlay 3421762 Total expenditures 15,531,946 Net change in fund balance (1,417,955) Fund Balance (Deficit),July 1, 2022 (1,584,222) Fund Balance (Deficit),June 30, 2023 $ (3,002,177) The accompanying notes to basic financial statements are an integral part of these statements. 14 Aventura City of Excellence School Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance- Governmental Fund to the Statement of Activities For the Year Ended June 30, 2023 Net Change in Fund Balance- Governmental Fund $ (1,417,955) Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures; however, in the statement of activities these costs are allocated over their estimated useful lives as a provision for depreciation: Capital outlay $ 50,466 Current year provision for depreciation (124,241) (73,775) Revenues that are earned but not received within the availability period are recognized in the statement of activities when earned and subsequently in the governmental fund financial statements when they become available. (993,982) Certain items reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental fund: Change in compensated absences (58,219) Change in Net Position (Deficit) of Governmental Activities $ (2,543,931) The accompanying notes to basic financial statements are an integral part of these statements. 15 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2023 Note 1- Organization and Operations Aventura City of Excellence School (the "School"), is a special revenue fund of the financial statements of the City of Aventura, Florida (the "City"). The School commenced operations in August 2003 in the City and offers classes for kindergarten through eighth grade with an enrollment of 1,034 for the fiscal year ended June 30, 2023. The School is funded from public funds based on enrollment and can also be eligible for grants in accordance with state and federal guidelines, including food service and capital outlay. The School can accept private donations and the City can incur debt for the operation of the School. Note 2- Summary of Significant Accounting Policies A summary of the School's significant accounting policies is as follows: 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 renewals of up to 5 years by mutual agreement of both parties. In 2005, the School amended the charter to include grades six through eight. In 2012, the School amended the charter to increase the School capacity from 972 to 1032 over five years commencing with the fiscal year 2012/2013. At the end of the term of the charter, the District may choose not to renew the charter under grounds specified in the charter in which case the District is required to notify the School in writing at least 90 days prior to the charter's expiration. During the term of the charter, the District may also terminate the charter for good cause as defined. The School is owned and operated by the City, is part of the City's government and is not a separate legal entity or otherwise organized apart from the City. The City was incorporated in November 1995. The City operates under a Commission-Manager form of government. In accordance with Chapter 10.850, Rules of the Auditor General of the State of Florida, the School is required to prepare special purpose financial statements. Section 10.855(4) states that the special purpose financial statements should present the charter school's financial position including the charter school's current and capital assets and current and long-term liabilities, and net assets/position; and the changes in financial position. The financial statements contained herein present only the operations of the School and do not purport to, and do not, present the financial position and changes in financial position of the City. Only capital assets acquired with School revenues are reported. The facility used by the School is owned by the City and the capital assets and related debt for the facilities are not included in this report. Basis of presentation: Based on the guidance presented in the American Institute of Certified Public Accountants, Audit and Accounting Guide — Audits of State and Local Governments and the provisions of Section 228.056, Florida Statutes, the School is presented as a governmental organization for financial statement reporting purposes. Government-wide financial statements: The School's basic financial statements include both government-wide (reporting the School as a whole) and fund financial statements. Both the government-wide and fund financial statements categorize primary activities as either governmental or business-type. All of the School's activities are classified as governmental activities. In the government-wide statement of net position, the governmental activities column is reported on a full accrual, economic resource basis, which recognizes all current and noncurrent assets and all current and noncurrent liabilities. The School's net position is reported in three (3) categories: investment in capital assets; restricted; and unrestricted, as applicable. 16 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2023 Note 2- Summary of Significant Accounting Policies (continued) The government-wide statement of activities reports both the gross and net cost of each of the School's functions. The net costs, by function, are supported by general revenues. The statement of activities reduces gross expenses by related program revenues. Program revenues must be directly associated with the function. Operating grants include operating specific and discretionary grants while the capital grants column reflects capital-specific grants. Fund financial statements: The School's accounts are organized on the basis of funds. The operations of the fund are accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred inflows of resources, fund balance, revenues and expenditures. The Charter School operating fund is a governmental fund type and is used to account for all of the School's financial transactions. Measurement focus and basis of accounting: Basis of accounting refers to the point at which revenues or expenditures/expenses are recognized in the accounts and reported in the basic financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the government-wide statement uses the economic resources measurement focus. Governmental activity in the government-wide financial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when a liability is incurred, regardless of the timing of the related cash flows. The governmental fund financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). Revenues susceptible to accrual include FTE nonspecific revenue, transportation funds, capital grant funds, operating grants and contributions and investment earnings. Intergovernmental revenues are recognized when all eligibility requirements have been met, if available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the School considers revenues to be available if they are collected within two (2) months of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred. However, expenditures related to compensated absences are recorded only when paid from expendable available financial resources. Cash and cash equivalents: The School's cash and cash equivalents are maintained by the City in a pooled account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash equivalents represent the amount owned by the Charter School operating fund. The City is responsible for all risks related to the School's cash and cash equivalents Prepaid items: Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items. Capital assets: Capital assets purchased or acquired with an original cost of $ 5,000 or more are capitalized at historical cost or estimated historical cost and are reported in the government-wide financial statement. Donated capital assets are reported at acquisition value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized and depreciated over the remaining useful lives of the related capital assets. Other costs incurred for repairs and maintenance are expensed as incurred. 17 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2023 Note 2- Summary of Significant Accounting Policies (continued) Depreciation on leasehold improvements and equipment is provided on the straight-line basis over the respective estimated useful lives ranging from 15 to 25 years and 3 to 10 years, respectively. Within governmental funds, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported within the governmental fund financial statements. Deferred outflows/inflows of resources: In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The School does not have any items that qualify for reporting in this category. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The School has one item that qualifies for reporting in this category. The governmental fund reports unavailable revenues that are deferred and recognized as an inflow of resources in the period that the amounts become available. Unearned revenue: Unearned revenue arises when the School receives resources before it has a legal claim to them. Net position: Net position is classified in three categories. The general meaning of each is as follows: • Net investment in capital assets - represents the difference between the cost of capital assets, less accumulated depreciation, reduced by the outstanding balances of any borrowings used for the acquisition, construction or improvement of those assets. • Restricted - consists of net position with constraints placed on their use either by 1) external groups such as creditors, grantors, contributors, or laws or regulations of other governments, or 2) law through constitutional provisions or enabling legislation. • Unrestricted (deficit) - indicates that portion of net position that will need to be funded by future operations. Fund balance: The governmental fund financial statements present fund balances based on the provisions of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This Statement provides more clearly defined fund balance classifications and also sets a hierarchy which details how the School may spend funds based on certain constraints. The following are the fund balance classifications used in the governmental fund financial statements: • Nonspendable - this classification includes amounts that cannot be spent because they are either not in spendable form or are legally or contractually required to be maintained intact. The School classifies prepaid items as nonspendable since they are not expected to be converted to cash or are not expected to be converted to cash within the next year. 18 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2023 Note 2- Summary of Significant Accounting Policies (continued) • Restricted - this classification includes amounts that are restricted for specific purposes by external parties such as grantors and creditors or are imposed by law through constitutional provisions or enabling legislation. • Committed - this classification includes amounts that can be used for specific purposes voted on through formal action of the City Commission (the highest level of decision making authority). The committed amount cannot be used for any other purpose unless the City Commission removes or changes the commitment through formal action. • Assigned - this classification includes amounts that the School intends to use for a specific purpose but they are neither restricted nor committed. Assignments can be made by the City Manager, which the City Commission Members, by resolution, delegated such authority at their direction. The School classifies existing fund balance to be used in the subsequent year's budget for elimination of a deficit as assigned. • Unassigned - this classification includes amounts that have not been restricted, committed or assigned for a specific purpose within the General Fund. The details of the fund balances are included in the Governmental Fund Balance Sheet. When the School incurs expenditures for which restricted or unrestricted fund balance is available, the School would consider restricted funds to be spent first unless there are legal documents/contracts that prohibit doing this, such as in grant agreements requiring dollar for dollar spending. When the School has expenditures for which committed, assigned or unassigned fund balance is available, the School would consider committed funds to be spent first, then assigned funds and lastly unassigned funds. Encumbrances: Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration. Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year-end represent the estimated amount of expenditures which would result if unperformed purchase orders and other commitments at year-end are completed. Encumbrances lapse at year-end; however, the City and School generally intend to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year-end are re-appropriated in the next fiscal year and are therefore presented as committed or assigned fund balance for the subsequent year. Other post-employment benefits: The City provides post-employment healthcare coverage, including medical and dental benefits, to eligible individuals which consist of an implicit subsidy. The estimated liability is recorded in the financial statements of the City. No amount is allocated to the School's primary operating fund since the amount is deemed immaterial by management as of June 30, 2023. 19 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2023 Note 2- Summary of Significant Accounting Policies (continued) Compensated absences: The School's sick leave policy permits employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 0-100% based on length of service, and other applicable limits. The School's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. Accumulated compensated absences are recorded in the government-wide financial statements when earned. Expenditures for accumulated compensated absences have been recorded in the governmental fund only if they have matured, (e.g., resulting from employee resignations, terminations or retirements). State funding (primary source of revenue): Student funding is provided by the State of Florida through the School Board of Miami-Dade County, Florida. In accordance with the Charter Agreement, the School Board retains 2% as an administrative fee. This funding is received on a pro rata basis over the twelve-month period and is adjusted for changes in full-time equivalent student population. After review and verification of Full-Time Equivalent ("FTE") reports and supporting documentation, the Florida Department of Education may adjust subsequent fiscal period allocations of FTE funding for prior year's errors disclosed by its review as well as to prevent the statewide allocation from exceeding the amount authorized by the State Legislature. Normally, such adjustments are reported in the year the adjustments are made. Use of estimates: The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Subsequent events: Subsequent events were evaluated by management through September 15, 2023, the date the financial statements were available for issuance. Note 3- Cash and cash Equivalents As discussed in Note 2, the School's cash and cash equivalents are maintained by the City in a pooled account for all funds. State statutes require, and it is the School's policy, that all deposits be made into, and be held by, financial institutions designated by the Treasurer of the State of Florida as "qualified public depositories" as defined by Chapter 280 of the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds. The minimum collateral to be pledged by an institution, the collateral eligible for pledge, and reporting requirements of the qualified public depositor to the Treasurer is defined by the Statute. Collateral is pooled in a multiple qualified public depository institution pool with the ability to assess members of the pool should the need arise. The School's deposits are held in a qualified public depository. They are covered by the collateral pool, as the School has identified itself as a public entity at June 30, 2023. 20 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2023 Note 4- Capital Assets A summary of changes in governmental capital assets is as follows: Balance at Balance at July 1, June 30, 2022 Additions Deletions 2023 Leasehold improvements $ 2,871,738 $ - $ - $ 2,871,738 Equipment 687,564 50,466 - 738,030 Less:accumulated depreciation 1,876,641 124,241 - 2,000,882 $ 1,682,661 $ (73,775) $ - $ 1,608,886 The provision for depreciation for the year ended June 30, 2023 amounted to approximately $ 124,000. The School allocated depreciation to the operation of the facility. Note 5- Long-Term Liabilities The following is a summary of long-term liabilities for fiscal year ended June 30, 2023: Balance at Balance at Amount Due July 1, June 30, Within One 2022 Additions Deletions 2023 Year Compensated absences $ 130,215 $ 92,842 $ (34,623) $ 188,434 $ 47,109 Note 6- Commitments and Contingencies Management contract The City has a contract with Charter Schools USA, Inc. ("CSUSA") for administrative and educational management services for the operations of the School. All staff of the School, except the principal, two assistant principals (dean of discipline and operations and dean of curriculum) and a custodian, are employees of CSUSA. Total fees paid to the management company for fiscal year 2022/2023 were $ 306,000. The majority of other reimbursed expenditures by the City to CSUSA relate to teachers' salaries and benefits. The current agreement with CSUSA expired on June 30, 2023. As of September 15, 2023, there is a negotiation pending for a contract extension. The monthly fee will remain at $ 25,500 until a contract is finalized. Grant funding Amounts received or receivable from grantor agencies are subject to audit, which may result in adjustments by Federal and/or State grantor agencies. Any disallowed claims, including amounts already collected, may constitute a liability of the School. The amount, if any, of such expenditures which may be disallowed by the grantor agencies cannot be determined at this time, although the School expects such amounts, if any, to be immaterial. 21 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2023 Note 7- Related Party Transactions The School's operations are located at a facility that is owned by the City. In September 2002, the City entered into a bond indenture agreement with the Florida Intergovernmental Finance Commission through an interlocal governmental agreement. As a result, the City issued $ 12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of land and the construction of the charter school as well as the construction of a community recreation center. Approximately $ 6,650,000 of the bond issue was related to the acquisition, construction and equipping of the School facility. In fiscal year 2012, the City issued $ 9,885,000 in Series 2012 Refunding Revenue Bonds at a current rate of 2.65% to refund the then outstanding balance of the Series 2002 Revenue Bonds. Approximately $ 5,213,000 of the Series 2012 Refunding Revenue Bonds relate to that portion of the original Series 2002 Revenue Bonds that was utilized for the acquisition, construction and equipping of the School facility. The City refunded the Series 2002 Revenue Bonds (fully defeased) to reduce its total debt service payments through maturity (2027) by approximately$ 3,810,000. The School is leasing its premises from the City under an operating lease agreement, which expired June 30, 2023, but was renewed for an additional year. The lease can renew each year as long as the School operates pursuant to the Charter issued by the School Board of Miami-Dade County. The lease amount is determined annually. Total lease expense for the fiscal year ended June 30, 2023 totaled $ 444,000. Future minimum payments under the current lease, which expires on June 30, 2024, total $444,000. Note 8- Risk Management The School is exposed to various risks of loss related to torts, thefts of, damage to and destruction of assets, errors and omissions, employee health, workers' compensation and natural disasters for which the City carried commercial insurance. Settlement amounts have not exceeded insurance coverage for the past three (3) fiscal years. In addition, there were no reductions in insurance coverage from those in the prior year. Note 9- Defined Contribution Plans The City is a single employer that contributes to four (4) defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401 (a). The employees of the School are eligible to participate in three (3) of the City's defined contribution pension plans. The School has three (3) full-time employees who are eligible to participate in these plans. Under these plans, the City contributes amounts ranging from 7% to 15% of employee salary for each of the three (3) School employees. The City's contributions for the Principal vest in the year they are contributed. The City's contributions to the other employees vest beginning after one (1) year of service through year five (5) in 20% increments. Participants are not permitted to make contributions during the year. The City made plan contributions for these covered employees of approximately $ 31,000 during the year. Plan provisions and contribution requirements may be amended by the City Commission. In addition, the City provides to these full-time employees a deferred compensation plan under Section 457 of the Internal Revenue Code. Under this program, employees may voluntarily elect to defer a portion of their salary to future years; with no required contributions from the City. Both programs are administered by ICMA Retirement Corp. The City does not exercise any control or fiduciary responsibility over the Plans' assets. 22 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2023 Note 10- Fund Balance Deficit (Compiled) At the end of fiscal year 2022/23 the School reported a deficit fund balance of $3,002,177. The majority of this deficit is caused by unreimbursed ESSER grant funded expenditures. The COVID-19 pandemic had a significant impact on learning worldwide. In response to this, the US Department of Education awarded funding to states and school districts through the Elementary and Secondary School Emergency Relief (ESSER) Fund in three tranches between March 2020 and March 2021 to help schools address the negative impact caused by the pandemic. The amounts allocated to ACES is as follows: ESSER 1 Funded by the Education Stabilization Fund through the Coronavirus Aid Relief, and Economic Security (CARES) Act for the Elementary and Secondary School Emergency Relief Fund (ESSER) Fund. $ 314,694 ESSER 2 Funded by the Coronavirus Response and Relief Supplemental Appropriations (CRRSA)Act, 2021 for the Elementary and Secondary School Emergency Relief Fund (ESSER) Fund. 1,434,763 ESSER 3 Funded by the American Rescue Plan Act (ARPA)for the Elementary and Secondary School Emergency Relief Fund (ESSER) Fund. 3,152,027 $ 4,901,484 School management utilized this funding over the last three years and ensured all expenditures were made in accordance with the ESSER allowable expenditure guidance. Schools are responsible for submitting all expenditures and related documentation to the County for reimbursement. The reimbursement process has been very slow leaving a large amount yet to be received. Over the past three years the School expended a significant amount in response to the negative impact caused by the Coronavirus pandemic. In FY 2020/21, the School invested in technology to facilitate remote learning, provide online teaching platforms and paid additional wages to provide tutoring. COVID-19 surges throughout the year led to staff shortages, absenteeism, lost instructional time and most importantly, test scores began to drop compared to pre-pandemic scores. In response to this, in FY 2021/22 and FY 2022/23, the School hired 14 additional teachers and staff to ensure students had the resources necessary to help bridge the gap through tutoring, summer learning and after-school programs. The offer letters for these positions state the position is grant funded. So once ESSER funds are depleted, the School may terminate contracts, if needed. In addition, the investment in technology for remote learning continued. As we navigate through the ESSER grant reimbursement process, the City is fully committed to providing cash advances to ACES to ensure there is no lapse in the resources available that ACES students need. During the year the City advanced the School $1,799,401. And in the upcoming FY 2023/24, the City budgeted for a $1,081,371 transfer to ACES. The School expects to recoup the majority of the fund deficit through the collection of ESSER grants. The School is eligible for a total of$4,901,484 in grant funding and has collected $1,126,179 in grant funds to date. 23 REQUIRED SUPPLEMENTARY INFORMATION r&7N.-Keefe .�' McCullough CPAs +Trusted Advisors Aventura City of Excellence School Schedule of Revenues and Expenditures- Budget and Actual - General Fund For the Year Ended June 30, 2023 Budgeted Amounts Original Final Actual Variance Revenues: Federal sources $ 1,228,878 $ 1,307,258 $ 1,213,401 $ (93,857) State sources 8,995,496 9,279,891 9,203,365 (76,526) Local sources 1,085,000 5,018,425 3,689,996 (1,328,429) Investment earnings 2,000 2000, 7,229 5,229 Total revenues 11,311,374 15,607,574 14,113,991 (1,493,583) Expenditures: Current: Instruction 7,480,492 11,076,844 10,936,456 140,388 Instructional media services 113,230 198,230 186,141 12,089 Operation of facility 1,880,249 2,136,864 2,147,258 (10,394) School administration 1,415,716 1,569,449 1,549,620 19,829 Pupil transportation services 279,842 379,842 369,709 10,133 Community services 36,000 - - - Capital outlay 450,500 591,000 342,762 248,238 Total expenditures 11,656,029 15,952,229 15,531,946 420,283 Excess (deficiency) of revenues over expenditures (344,655) (344,655) (1,417,955) (1,073,300) Other Financing Sources (Uses): Appropriated fund balance 344,655 344,655 - (344,655) Net change in fund balance $ - $ - $ (1,417,955) $ (1,417,955) 24 Aventura City of Excellence School Notes to Required Supplementary Information June 30, 2023 Note 1- Budgets and Budgetary Accounting The School formally adopted a budget for the year ended June 30, 2023. Budgeted amounts may be amended by resolution or ordinance of the City Commission. The budget has been prepared in accordance with accounting principles generally accepted in the United States of America. A comparison of the actual results of operations to the budgeted amounts for the operating fund is presented as required supplementary information. 25 OTHER INDEPENDENT AUDITOR'S REPORTS YEflNS" Keefe McCullough CPAs *Trusted Advisors YE Keefe brr(.77% �' McCullough CPAs +Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF THE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS Honorable Mayor and Members of the City Commission of the City of Aventura Aventura City of Excellence School Aventura, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida), as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the School's basic financial statements, and have issued our report thereon dated September 15, 2023. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the School's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, we do not express an opinion on the effectiveness of the School's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.corn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 v©® Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 26 BEST PLACES TO WORK Aventura City of Excellence School Compliance and Other Matters As part of obtaining reasonable assurance about whether the School's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. �/-4-W&4 KEEFE McCULLOUGH Fort Lauderdale, Florida September 15, 2023 27 YE Keefe brr(.77% �' McCullough CPAs +Trusted Advisors MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA Honorable Mayor and Members of the City Commission of the City of Aventura Aventura City of Excellence School Aventura, Florida Report on the Financial Statements We have audited the financial statements of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida), as of and for the year ended June 30, 2023, and have issued our report thereon dated September 15, 2023. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and Chapter 10.850, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report which is dated September 15, 2023, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.854(1)(e)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no recommendations made in the preceding audit report. Official Title Section 10.854(1)(e)5., Rules of the Auditor General, requires that the name or official title of the entity and the school code assigned by the Florida Department of Education be disclosed in this management letter. The official title and the school code assigned by the Florida Department of Education of the entity is Aventura City of Excellence School and 0950. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 v©® Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 28 BEST PLACES TO WORK Aventura City of Excellence School Financial Condition and Management Sections 10.854(1)(e)2. and 10.855(11), Rules of the Auditor General, require us to apply appropriate procedures and communicate whether or not the School has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the specific conditions met. In connection with our audit, we determined that the School did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.854(1)(e)6.a. and 10.855(12), Rules of the Auditor General, we applied financial condition assessment procedures for the School. It is management's responsibility to monitor the School's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. See Note 10 for additional information. Section 10.854(1)(e)3., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Transparency Sections 10.854(1)(e)7. and 10.855(13), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether the School maintains on its website information specified in Section 1002.33(9)(p), Florida Statutes. In connection with our audit, we determined that the School maintained on its website the information specified in Section 1002.33(9)(p), Florida Statutes. Additional Matters Section 10.854(1)(e)4., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material, but which warrants the attention of those charged with governance. In connection with our audit, we did not have any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, City Commission, and applicable management, and is not intended to be, and should not be, used by anyone other than these specified parties. k4 miat�i KEEFE McCULLOUGH Fort Lauderdale, Florida September 15, 2023 29 • 1 , 19200 West Country Club Drive Aventura, Florida 33180 Phone: (305)466-8920 Fax: (305)466-8939 www.cityofaventura.com CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (DSAHS Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director ML DATE: September 29, 2023 SUBJECT: Special Purpose Financial Report for the Don Soffer Aventura High School (DSAHS) for the Fiscal Year Ended June 30, 2023 October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Special Purpose Financial Report for the Don Soffer Aventura High School for the fiscal year ended June 30, 2023 and to accept for filing that letter dated September 15, 2023 attached hereto as Attachment I. BACKGROUND The Special Purpose Financial Report (the "Report") for the Don Soffer Aventura High School ("DSAHS") was electronically distributed to the Mayor and Commissioners on September 29, 2023 along with our memorandum. In addition, a letter dated September 15, 2023 ("Attachment 1") from our auditors — Keefe McCullough was attached to the Commission agenda for your review. In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the October 3rd Commission Meeting. In addition, the auditors have requested that their letter ("Attachment 1") be accepted for filing with the City Commission. A representative from Keefe McCullough will be present at the meeting. However, since the Report is the responsibility of Charter Schools USA, I respectfully request that any questions be discussed with the City Manager prior to the meeting. CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (DSAHS Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director Ayanna Jeffrey, Senior Accounting Analyst, Charter Schools USA DATE: September 29, 2023 SUBJECT: Don Soffer Aventura High School (the "School") Special Purpose Financial Report for the Fiscal Year Ended June 30, 2023 Background As required by State law and our Charter School Contract with the Miami-Dade County Public School District and in accordance with our Management Agreement with Charter Schools USA, they have prepared the Don Soffer Aventura High School's (the "School's") financial statements (the "Report") for the fiscal year ended June 30, 2023 (attached). This Report encompasses the School's 4t" year of operations and was audited by Keefe McCullough. The Report complies with Generally Accepted Accounting Principles ("GAAP"), which includes Governmental Accounting Standard Board ("GASB") Statement No 34. The cover reflects that the Report represents "A Special Revenue Fund of the City of Aventura, Florida." As a result, the School's financial operations will be reflected in the City's Annual Comprehensive Financial Report for the fiscal year ended September 30, 2023, as well as in this Report. The key schedules in this Report include the- 1. Statement of Revenues, Expenditures and Change in Fund Balance — Governmental Fund (page 13), and the; 2. Schedule of Revenues and Expenditures — Budget and Actual — General Fund, (page 22). Please note that on page 22, revenue and expenditures (Actual Amount Column), aggregated $10,197,691 and $8,755,858, respectively. The net difference between revenue and expenditures of $1,441,833 exceeds the budgeted surplus of $318,462 by $1,123,371 at June 30, 2023. 1 It is important to note that although the School's first year of operations was fiscal year 2019/20, the Charter High School Fund was established in fiscal year 2017/18. Through a planned and budgeted Advance from the General Fund, fees related to the planning phase and costs associated with the charter school application and contract process were incurred and covered which resulted in a fund deficit. In fiscal year 2018/19, the Charter High School Fund incurred additional start-up expenditures so that the School would be ready to open for the 2019/20 School Year in August of 2019. These costs increased the fund deficit over the prior year and were again covered through a planned and budgeted Advance from the City's General Fund. In fiscal year 2019/20, the School opened and enrolled 200 9th grade students and was planned to operate at a deficit since it would not be operating at full enrollment. Again, the deficit was covered by a planned and budgeted Advance from the City's General Fund. In fiscal year 2020/21, the School enrolled 415 9th and 10th grade students and was planned to operate at a deficit since it would not be operating at full enrollment. Again, the deficit was covered by a planned and budgeted Advance from the City's General Fund. In fiscal year 2021/22, the School enrolled 637 9th, 10th and 1 lth grade students and was planned to operate at a deficit since it would not be operating at full enrollment. Again, the deficit was covered by a planned and budgeted Advance from the City's General Fund. During FY 2021/22, an adjustment in excess of$2.5 million was made to record a transfer in from the City to cover the cumulative fund deficit. In fiscal year 2022/23, the School enrolled 805 9th, loth, llth and 12th grade students and generated a surplus. The hope would be that once expenditures begin to level out, the School Fund could over time repay the Advance from the City's General Fund. The balance of the Report contains the School's statements and a narrative on a GASB 34 basis. The purpose of the GASB 34 governmental financial statements is to more closely resemble the financial statements of non-governmental entities. Therefore, page 9 contains a Statement of Net Position which is reconciled to the Balance Sheet on page 11. Similarly, the Statement of Activities (page 10) reflects a change in net position which is reconciled to the Statement of Revenues, Expenditures and Change in Fund Balance of the Governmental Fund on page 13. Whether you look at the School's operations from either a GASB 34 non-governmental basis (pages 9 — 10) or a traditional governmental basis (pages 11, 13 and 22), the School is operating as budgeted and planned for from a financial perspective. The auditor letter dated September 15, 2023 is also required to be distributed to the City Commission by generally accepted auditing standards and was therefore attached to the October 3, 2023 City Commission Meeting Agenda. The reports contained in the 2 "Compliance Section" of the Report on pages 24 — 27 of the Special Purpose Financial Report are required by generally accepted auditing standards and the Rules of the Auditor General of the State of Florida. Please note that none of these documents contain any negative comments about the School's or City's operations. Future Actions In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the October 3rd Commission Meeting. Upon your review of this memorandum, please contact the City Manager with any questions you may have. 3 Attachment 1 r(YENRS Keefe .W � lKullough +Trusted Advisors September 15, 2023 To the Honorable Mayor and Members of the City Commission City of Aventura, Florida Don Soffer Aventura High School City of Aventura, Florida We have audited the financial statements of the governmental activities and the major fund of Don Soffer Aventura High School (the "School"), for the year ended June 30, 2023. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated July 13, 2023. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the School are described in Note 2 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year ended June 30, 2023 except for the implementation of GASB Statement No. 96:Subscription-Based Information technology Arrangements. We noted no transactions entered into by the School during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive accounting estimate affecting the financial statements is as follows: • Depreciation of capital assets - Depreciation is provided on a straight-line basis over the respective estimated useful lives ranging from 3 to 45 years. Management has informed us they used all relevant facts available to them at the time of acquisition to make the best judgments about the depreciation methods and estimated useful lives of capital assets. The financial statement disclosures are neutral, consistent and clear. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 vv®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting BEST PLACES TO WORK Don Soffer Aventura High School -2- September 15, 2023 Difficulties Encountered in Performing the Audit The NetSuite system in its current form contains a number of inefficiencies. The NetSuite system is unable to produce direct reports for financial reporting purposes without performing a data conversion. We recommend that management of Charter Schools USA and their IT consultants continue to focus their efforts on optimizing the NetSuite system to make it more effective for external reporting purposes. In addition, we recommend continued focus on the training of new and existing staff on processes, financial reporting and the NetSuite system. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all misstatements identified during the audit, otherthan those that are clearly trivial, and communicate them to the appropriate level of management. There were no uncorrected misstatements detected as a result of audit procedures. A detailed list of audit journal entries was provided to management and is available upon request. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated September 15, 2023. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the School's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the School's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to management's discussion and analysis and the budgetary schedule, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. Don Soffer Aventura High School -3- September 15, 2023 This information is intended solely for the use of the Board of Directors and management of Don Soffer Aventura High School and is not intended to be, and should not be, used by anyone other than these specified parties. We would be pleased to discuss any questions that you may have. Very truly yours, KEEFE McCULLOUGH Don Soffer Aventura High School (A Special Revenue Fund of the City of Aventura, Florida) Basic Financial Statements And Supplementary Information For the Year Ended June 30, 2023 Y Keefe J,ERAS McCullough CPAs +Trusted Advisors Don Soffer Aventura High School Table of Contents Independent Auditor's Report 1-3 Management's Discussion and Analysis (Not Covered by Independent Auditor's Report) 4-8 Basic Financial Statements Government-wide Financial Statements: Statement of Net Position 9 Statement of Activities 10 Fund Financial Statements: Balance Sheet - Governmental Fund 11 Reconciliation of the Balance Sheet- Governmental Fund to the Statement of Net Position 12 Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Fund 13 Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balance - Governmental Fund to the Statement of Activities 14 Notes to Basic Financial Statements 15-21 Required Supplementary Information Schedule of Revenues and Expenditures - Budget and Actual - General Fund 22 Note to Required Supplementary Information 23 Other Independent Auditor's Reports Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 24-25 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 26-27 INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the City Commission of the City of Aventura Don Soffer Aventura High School Aventura, Florida Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities and the major fund of Don Soffer Aventura High School (the "School"), a Special Revenue Fund of the City of Aventura, Florida (the "City") as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the School's basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the major fund of the School, as of June 30, 2023, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the School and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter As discussed in Note 1, the financial statements of the School present only a Special Revenue Fund of the City and they do not purport to, and do not, present fairly the financial position of the City as of June 30, 2023 and the changes in its financial position or budgetary comparisons, where applicable, for the year ended June 30, 2023 in conformity with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.corn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 W, Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 1 BEST PLACES TO WORK Don Soffer Aventura High School Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate,that raise substantial doubt about the School's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement,whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the School's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. 2 Don Soffer Aventura High School Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated September 15, 2023 on our consideration of the School's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the School's internal control over financial reporting or on compliance.That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the School's internal control over financial reporting and compliance. t:� M KEEFE McCULLOUGH Fort Lauderdale, Florida September 15, 2023 3 MANAGEMENT'S DISCUSSION AND ANALYSIS YEflAS Keefe McCullough CPAs +Trusted Advisors Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2023 As management of Don Soffer Aventura High School (the "School"), a Special Revenue Fund of the City of Aventura, Florida, we offer readers of the School's basic financial statements this narrative overview and analysis of the financial activities of the School for the year ended June 30, 2023 and 2022. Management's discussion and analysis is included at the beginning of the School's basic financial statements to provide, in layman's terms, the past and current position of the School's financial condition. This summary should not be taken as a replacement for the audit which consists of the basic financial statements and other supplementary information. Financial Highlights Our basic financial statements provide these insights into the results of this year's operations. • The School's net position was $ 2,392,130 as of June 30, 2023. Of this amount, $ 1,403,240 represents unrestricted net position and $ 988,890 represents net investment in capital assets. • The School's net position increased by$ 1,182,282 during the current fiscal year as a result of this year's operations. • As of June 30, 2023, the School's fund balance was $ 1,455,698, which was an increase of$ 1,441,833 from its prior year. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the School's basic financial statements. The School's basic financial statements are comprised of three components: 1) government-wide basic financial statements, 2) fund basic financial statements, and 3) notes to the basic financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Basic Financial Statements: The government-wide basic financial statements are designed to provide readers with a broad overview of the School's finances, in a manner similar to a private sector business. The statement of net position presents information on all of the School's assets and liabilities, and deferred inflows/outflows of resources, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the School is improving or deteriorating. However, as a governmental entity, the School's activities are not geared toward generating profit as are the activities of commercial entities. Other factors such as School safety and the quality of education, must be considered in order to reasonably assess the School's overall performance. The statement of activities presents information showing how the School's net position changed during the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected revenues and services rendered, but unpaid). 4 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2023 The government-wide basic financial statements include all governmental activities that are principally supported by grants and entitlements from the state for full-time equivalent funding. The School does not have any business-type activities. The governmental activities of the School primarily include instruction and instructional support services. The government-wide basic financial statements can be found on pages 9 and 10 of this report. Fund Basic Financial Statements: A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The School has only one (1) category of funds—governmental funds. Governmental Funds: Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide basic financial statements. However, unlike the government-wide basic financial statements, governmental fund basic financial statements focus on near-term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating the School's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the School's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and change in fund balance provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The School maintains one individual governmental fund. Information is presented in the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and change in fund balance. The governmental fund basic financial statements can be found on pages 11 through 14 of this report. Notes to Basic Financial Statements: The notes provide additional information that is essential for a full understanding of the data provided in the government-wide and fund financial statements. The notes to basic financial statements can be found on pages 15 through 21 of this report. Required Supplementary Information: In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the School's adopted budget to actual results. Government-Wide Financial Analysis The School has been in operation for four years; therefore, comparative government-wide data is presented. The School's net position was $ 2,392,130 at June 30, 2023, which represents unrestricted net position of $ 1,403,240 and net investment in capital assets of $ 988,890. The School's net position was $ 1,209,848 at June 30, 2022. This amount represented unrestricted net position of$ 290,109 and net investment in capital assets of$ 919,739. 5 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2023 Our analysis in the table below focuses on the net position of the School's governmental activities, as of June 30, 2023 and 2022: Don Soffer Aventura High School Summary of Net Position June 30, June 30, 2023 2022 Assets: Current and other assets $ 2,157,221 $ 794,020 Capital assets, net of depreciation 988,890 919,739 Total assets 3,146,111 1,713,759 Liabilities: Current liabilities 740,866 494,961 Noncurrent liabilities 13,115 8,950 Total liabilities 753,981 503,911 Net Position: Net investment in capital assets 988,890 919,739 Unrestricted 1,403,240 290,109 Total net position $ 2,392,130 $ 1,209,848 Current and other assets rose due to an increase in the School's cash position and receivables from the City of Aventura. Capital assets, net of depreciation increased due to depreciation expense of approximately $ 306,100 offset by the addition of $ 375,265 in capital assets. Current liabilities increased mainly due to a rise in monies owed to trade and wages payable. Governmental Activities The results of this year's operations for the School as a whole are reported in the statement of activities on page 10. The table below provides a condensed presentation of the School's revenues and expenses for the years ended June 30, 2023 and 2022: Don Soffer Aventura High School Summary of Changes in Net Position June 30, June 30, 2023 2022 Revenues: General revenues and transfers $ 7,523,173 $ 8,069,801 Program revenues 2,362,472 987,277 Total revenues 9,885,645 9,057,078 Functions/Program Expenses: Instruction 5,183,465 3,539,267 Instructional support services 2,866,705 2,158,318 Non-instructional expenses 653,193 617,972 Total expenses 8,703,363 6,315,557 Change in net position $ 1,182,282 $ 2,741,521 6 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2023 General revenues increased compared to the previous year due to a rise in enrollment and Florida Education Finance Program (FEFP) revenue but decreased overall due to a prior year transfer. The program revenues rose due to an increase in referendum funding. Total expenses increased due to rising instructional and non-instructional services. Financial Analysis of the School's Funds As noted earlier, the School uses fund accounting to maintain control over resources that have been segregated for specific activities or objectives . The focus of the School's governmental fund is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the School's financing requirements. In particular, unassigned fund balance may serve as a useful measure of the School's net resources available for spending at the end of the fiscal year. As of the end of fiscal year 2022/2023 the School's governmental fund reported a fund balance of $ 1,455,698. Although the School's fourth year of operations was fiscal year 2022/2023, the Charter High School Fund was established in fiscal year 2017/2018. Through an Advance from the City's General Fund, fees related to the planning phase and costs associated with the charter school application and contract process were incurred and covered which resulted in a fund deficit. In fiscal year 2018/2019 the Charter High School Fund incurred additional start-up expenditures so that the School would be ready to open for the 2019/2020 School Year in August of 2019.These costs increased the fund deficit over the prior year and were again covered through a planned and budgeted Advance from the City's General Fund. In fiscal year 2019/2020 the School opened and enrolled 200 9th grade students and was planned to operate at a deficit since it would not be operating at full enrollment. Again the deficit was covered by a planned and budgeted Advance from the City's General Fund. In fiscal year 2021/2022, the School opened and enrolled 637 9th, 10th and 11th grade students and was planned to operate at a deficit since it would not be operating at full enrollments. Again, the deficit was covered by a planned and budgeted Advance from the City's General Fund. In fiscal year 2022/2023, the School opened and enrolled 805 9th, 10th , 11th and 12th grade students and generated a surplus.The hope would be that once expenditures begin to level out, the School Fund could over time repay the Advance from the City's General Fund. Capital Assets and Debt Administration At June 30, 2023, the School had capital assets of $ 988,890 net of accumulated depreciation, as compared to $ 919,739 at June 30, 2022. A detailed schedule is on page 19 in the notes to the basic financial statements. The School has no outstanding debt. General Fund Budgetary Highlights The 2022/2023 school year represents the 4th year of the School's operations. During the year, the budget was built around the educational requirements to accommodate 805 9th, 10th, 11th and 12th grade students. The budget was prepared based on information and input provided by members from several divisions from Charter Schools USA ("CSUSA") and the School's principal. 7 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2023 Total revenues were favorable to the budget in state sources due to higher enrollment and FEFP funding. Total expenditures were unfavorable to the budget by approximately $ 642,700 due to increases in instructional and non-instructional services. Overall, the School ended the year with a change in fund balance that was favorable to the budget by approximately$ 1,123,371. Economic Factors and Next Year's Budget In fiscal year 2023,the State of Florida continued to include a teacher salary increase allocation (TSIA) of$ 800 million. The capital outlay funding pool ended up at $ 196.2 million. In addition to the TSIA, teachers also received a compensation increase to align overall salaries with district levels. For fiscal year 2024, the teacher salary increase allocation will be$ 1.1 billion and will continue to be part of FEFP funding. Additionally, the State of Florida approved an increase to the base funding allocation and capital outlay. A 3% merit increase for all staff was included in the budget. All other expenditures are budgeted in alignment with enrollment changes and the School's strategic objectives. The following are the major highlights of the 2023/2024 budget: • The School budget is based on a projected enrollment of 800 9th, 10th, 11th,and 12th grade students. This is the School's second year of full enrollment. • No City subsidy is budgeted for the FY 2023-2024 year. • Includes 62 full-time equivalent employees at a projected cost of$ 5,640,094. • 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 $ 172,552. • In order to continue enhancing the instructional experience designed to prepare the students for the future, $ 233,661 has been budgeted for textbooks, reference books and instructional licenses under instructional expenditures. Capital expenditures of $ 112,500 are budgeted for costs associated with acquiring computer hardware and software, IT infrastructure, audio-visual equipment, and classroom furniture. Compensation for Personnel Services: Total Compensation for Personnel Services is budgeted at $ 5,640,094 or 64.1% of the total budget or 60.2%of total operating revenue. This category includes 62 full-time equivalent employees, including 13 administrative staff positions and 49 instructional staff positions. In order to maintain, attract, and retain highly qualified teachers, salaries for this category reflect the School's proposed Pay Plan and stipends of$ 700,000 as a result of the Miami- Dade County Referendum. All employees are under contract with CSUSA. Requests for Information If you have any questions about this report or need additional information, please contact Michael Valdes, Controller - School Accounting; Charter Schools USA, 800 Corporate Drive, Suite 700, Fort Lauderdale, Florida 33334. 8 BASIC FINANCIAL STATEMENTS YEAAS Keefe McCullough CPAs +Trusted Advisors Don Soffer Aventura High School Statement of Net Position June 30, 2023 Governmental Activities Current Assets: Cash and cash equivalents $ 423,833 Accounts receivable - Due from other governments 227,635 Due from the City of Aventura 1,394,197 Due from management company 29,734 Prepaid items 69,317 Deposits 12,505 Total current assets 2,157,221 Noncurrent Assets: Capital assets, net of accumulated depreciation 988,890 Total assets 3,146,111 Current Liabilities: Accounts payable and accrued expenses 279,042 Due to other schools 10,564 Salaries and wages payable 411,917 Compensated absences 39,343 Total current liabilities 740,866 Noncurrent Liabilities: Compensated absences 13,115 Total noncurrent liabilities 13,115 Total liabilities 753,981 Net Position: Net investment in capital assets 988,890 Unrestricted 1,403,240 Total net position $ 2,392,130 The accompanying notes to basic financial statements are an integral part of these statements. 9 Don Soffer Aventura High School Statement of Activities For the Year Ended June 30, 2023 Governmental Program Revenues Activities Net Revenue Charges Operating Capital (Expense) and for Grants and Grants and Change in Expenditures Services Contributions Contributions Net Position Functions/Programs: Instruction $ 5,183,465 $ 150,000 $ 1,482,860 $ - $ (3,550,605) Student support services 678,786 - - - (678,786) Instructional media services - - - - - Instructional staff training services 17,627 - - - (17,627) Instruction related technology 139,836 - - - (139,836) Board 17,958 - - - (17,958) School administration 893,409 - - - (893,409) Fiscal services 380,036 - - - (380,036) Food services 151,610 88,780 91,974 - 29,144 Central services 103,589 - - - (103,589) Pupil transportation 139,632 - 69,552 - (70,080) Operation of plant 663,453 - 47,977 431,329 (184,147) Maintenance of plant 333,962 - - - (333,962) Total governmental activities $ 8,703,363 $ 238,780 $ 1,692,363 $ 431,329 (6,340,891) General revenues: FTE nonspecific revenues 7,290,591 Contributions 140,594 Interest income 91,988 Total general revenues and transfers 7,523,173 Change in net position 1,182,282 Net position,July 1, 2022 1,209,848 Net position,June 30, 2023 $ 2,392,130 The accompanying notes to basic financial statements are an integral part of these statements. 10 Don Soffer Aventura High School Balance Sheet- Governmental Fund June 30, 2023 General Fund Assets: Cash and cash equivalents $ 423,833 Due from other governments 227,635 Due from the City of Aventura 1,394,197 Due from management company 29,734 Deposits 12,505 Prepaid items 69,317 Total assets $ 2,157,221 Liabilities: Accounts payable and accrued expenses $ 279,042 Due to other schools 10,564 Salaries and wages payable 4111917 Total liabilities 701,523 Fund Balance: Nonspendable: Prepaid items 69,317 Deposits 12,505 Unassigned 1,373,876 Total fund balance 1,455,698 Total liabilities and fund balance $ 2,157,221 The accompanying notes to basic financial statements are an integral part of these statements. 11 Don Soffer Aventura High School Reconciliation of the Balance Sheet - Governmental Fund to the Statement of Net Position June 30, 2023 Total Fund Balance - Governmental Fund $ 1,455,698 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and; therefore, are not reported in the governmental fund: Cost of capital assets $ 1,584,615 Less accumulated depreciation (595,725) 988,890 Certain liabilities are not due and payable in the current period and therefore are not reported in the governmental fund: Compensated absences (52,458) Net Position of Governmental Activities $ 2,392,130 The accompanying notes to basic financial statements are an integral part of these statements. 12 Don Soffer Aventura High School Statement of Revenues, Expenditures and Change in Fund Balance - Governmental Fund For the Year Ended June 30, 2023 General Fund Revenues: Federal Sources $ 361,161 State sources 7,821,057 Local sources 2,015,473 Total revenues 10,197,691 Expenditures: Instruction 4,860,695 Student support services 678,786 Instructional staff training services 17,627 Instruction related technology 139,836 Board 17,958 School administration 893,409 Fiscal services 380,036 Food services 151,610 Central services 103,589 Pupil transportation 139,632 Operation of plant 663,453 Maintenance of plant 333,962 Capital outlay 375,265 Total expenditures 8,755,858 Net change in fund balance 1,441,833 Fund Balance,July 1, 2022 13,865 Fund Balance,June 30, 2023 $ 1,455,698 The accompanying notes to basic financial statements are an integral part of these statements. 13 Don Soffer Aventura High School Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balance - Governmental Fund to the Statement of Activities For the Year Ended June 30, 2022 Change in Fund Balance - Governmental Fund $ 1,441,833 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures; however, in the statement of activities, the costs of those assets are depreciated over their estimated useful lives as provision for depreciation. Capital outlay $ 375,265 Current year provision for depreciation (306,114) 69,151 Revenues that are earned and received within the availability period are recognized in the statement of activities when earned and subsequently in the governmental fund financial statements when they become available. (312,046) Certain items reported in the statement of activities do not require the use of current financial resources, and therefore, are not reported as expenditures in the governmental fund: Change in compensated absences (16,656) Change in Net Position of Governmental Activities $ 1,182,282 The accompanying notes to basic financial statements are an integral part of these statements. 14 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2023 Note 1 - Organization and Operations Don Soffer Aventura High School (the "School") is a special revenue fund of the financial statements of the City of Aventura, Florida (the "City"). The School commenced operations in August 2019 in the City to serve students from nineth to twelfth grades. In its fourth year of operations, the School served students in nineth through eleventh grade. The School has an enrollment of 805 for the year ended June 30, 2023. The School is funded from public funds based on enrollment and can also be eligible for grants in accordance with state and federal guidelines, including food service and capital outlay. The School can accept private donations and the City can incur debt for the operation of the School. Note 2 - Summary of Significant Accounting Policies 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. At the end of the term of the charter, the District may choose not to renew the charter under grounds specified in the charter in which case the District is required to notify the School in writing at least 90 days prior to the charter's expiration. During the term of the charter, the District may also terminate the charter for good cause as defined. The School is owned and operated by the City, is part of the City's government and is not a separate legal entity or otherwise organized apart from the City. The City was incorporated in November 1995. The City operates under a Commission-Manager form of government. In accordance with Chapter 10.850, Rules of the Auditor General of the State of Florida,the School is required to prepare special purpose financial statements. Section 10.855(4) states that the special purpose financial statements should present the charter school's financial position including the charter school's current and capital assets and current and long-term liabilities, and net position: and the changes in financial position. The financial statements contained herein present only the operations of the School and do not purport to, and do not, present the financial position and changes in financial position of the City. Only capital assets acquired with School revenues are reported. The facility used by the School is owned by the City and the capital assets and related debt for the facilities are not included in this report. Basis of presentation: Based on the guidance presented in the American Institute of Certified Public Accountants Audit and Accounting Guide - Not-for-Profit Organizations and provisions of Section 228.056, Florida Statutes, the School is presented as a governmental organization for financial statement reporting purposes. Government-wide financial statements: The School's basic financial statements include both government-wide (reporting the School as a whole) and fund financial statements. Both the government-wide and fund financial statements categorize primary activities as either governmental or business-type. All of the School's activities are classified as governmental activities. In the government-wide statement of net position, the governmental activities column is reported on a full accrual, economic resource basis,which recognizes all current and noncurrent assets and all current and noncurrent liabilities. The School's net position is reported in three (3) categories: investment in capital assets; restricted; and unrestricted, as applicable. The government-wide statement of activities reports both the gross and net cost of each of the School's functions. The net costs, by function, are supported by general revenues. The statement of activities reduces gross expenses by related program revenues. Program revenues must be directly associated with the function. Operating grants include operating specific and discretionary grants while the capital grants column reflects capital-specific grants. 15 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2023 Note 2 - Summary of Significant Accounting Policies (continued) Fund financial statements: The School's accounts are organized on the basis of funds. The operations of the fund are accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred inflows of resources, fund balance, revenues and expenditures. The Charter School operating fund is a governmental fund type and is used to account for all of the School's financial transactions. Measurement focus and basis of accounting: Basis of accounting refers to the point at which revenues or expenditures/expenses are recognized in the accounts and reported in the basic financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the government-wide statement uses the economic resources measurement focus. Governmental activity in the government-wide financial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when a liability is incurred, regardless of the timing of the related cash flows. The governmental fund financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). Revenues susceptible to accrual include FTE nonspecific revenue, transportation funds, capital grant funds, operating grants and contributions and investment earnings. Intergovernmental revenues are recognized when all eligibility requirements have been met, if available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the School considers revenues to be available if they are collected within two (2) months of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred. However, expenditures related to compensated absences are recorded only when paid from expendable available financial resources. Cash and cash equivalents: The School's cash and cash equivalents are maintained by the City in a pooled account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash equivalents represent the amount owned by the Charter School operating fund. The City is responsible for all risks related to the School's cash and cash equivalents. Prepaid items: Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items. Capital assets: Capital assets purchased or acquired with an original cost of $ 750 or more are capitalized at historical cost or estimated historical cost and are reported in the government-wide financial statement. Donated capital assets are reported at acquisition value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized and depreciated over the remaining useful lives of the related capital assets. Other costs incurred for repairs and maintenance are expensed as incurred. Depreciation on computer equipment and furniture, fixtures and equipment is provided on the straight-line basis over the respective estimated useful lives ranging from 3 to 5 years. Within governmental funds, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported within the governmental fund financial statements. 16 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2023 Note 2 - Summary of Significant Accounting Policies (continued) Deferred outflows/inflows of resources: In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The School does not have any items that qualify for reporting in this category. In addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The School does not have any items that qualify for reporting in this category. Unearned revenue: Unearned revenue arises when the School receives resources before it has a legal claim to them. Compensated absences: The School's policy permits employees to accumulate earned but unused paid time off, which is eligible for payment upon separation from service.The liability for such leave is reported as incurred in the government-wide financial statements. A liability for those amounts is recorded in the governmental funds only if the liability has matured as a result of employee resignations or retirements. The liability for compensated absences includes salary-related benefits, where applicable. Payments for compensated absences are paid out of the General Fund. State funding (primary source of revenue): Student funding is provided by the State of Florida through the School Board of Miami-Dade County, Florida. In accordance with the Charter Agreement, the School Board retains 5% as an administrative fee. This funding is received on a pro rata basis over the twelve-month period and is adjusted for changes in full-time equivalent student population. After review and verification of Full-Time Equivalent ("FTE") reports and supporting documentation,the Florida Department of Education may adjust subsequent fiscal period allocations of FTE funding for prior year's errors disclosed by its review as well as to prevent the statewide allocation from exceeding the amount authorized by the State Legislature. Normally, such adjustments are reported in the year the adjustments are made. Net position: Net position is classified in three categories. The general meaning of each is as follows: • Net investment in capital assets - represents the difference between the cost of capital assets, less accumulated depreciation, reduced by the outstanding balances of any borrowings used for the acquisition, construction or improvement of those assets. • Restricted - consists of net position with constraints placed on their use either by 1) external groups such as creditors, grantors, contributors, or laws or regulations of other governments, or 2) law through constitutional provisions or enabling legislation. • Unrestricted -indicates that portion of net position that is available to fund future operations. 17 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2023 Note 2 - Summary of Significant Accounting Policies (continued) Fund balance: The governmental fund financial statements present fund balances based on the provisions of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This Statement provides more clearly defined fund balance classifications and also sets a hierarchy which details how the School may spend funds based on certain constraints. The following are the fund balance classifications used in the governmental fund financial statements: • Nonspendable - this classification includes amounts that cannot be spent because they are either not in spendable form or are legally or contractually required to be maintained intact. The School classifies inventories, prepaid items, long-term notes receivable and deposits as nonspendable since they are not expected to be converted to cash or are not expected to be converted to cash within the next year. • Restricted - this classification includes amounts that are restricted for specific purposes by external parties such as grantors and creditors or are imposed by law through constitutional provisions or enabling legislation. • Committed - this classification includes amounts that can be used for specific purposes voted on through formal action of the City Commission (the highest level of decision making authority). The committed amount cannot be used for any other purpose unless the City Commission removes or changes the commitment through formal action. • Assigned - this classification includes amounts that the School intends to use for a specific purpose but they are neither restricted nor committed. Assignments can be made by the City Manager,which the City Commission Members, by resolution, delegated such authority at their direction. The School classifies existing fund balance to be used in the subsequent year's budget for elimination of a deficit as assigned. • Unassigned - this classification includes amounts that have not been restricted,committed or assigned for a specific purpose within the General Fund. The details of the fund balances are included in the Governmental Funds Balance Sheet on page 11. When the School incurs expenditures for which restricted or unrestricted fund balance is available, the School would consider restricted funds to be spent first unless there are legal documents/contracts that prohibit doing this, such as in grant agreements requiring dollar for dollar spending. When the School has expenditures for which committed, assigned or unassigned fund balance is available, the School would consider committed funds to be spent first, then assigned funds and lastly unassigned funds. Encumbrances: Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration. Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year-end represent the estimated amount of expenditures which would result if unperformed purchase orders and other commitments at year-end are completed. Encumbrances lapse at year-end; however, the City and School generally intends to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year-end are re-appropriated in the next fiscal year and are therefore presented as committed or assigned fund balance for the subsequent year. 18 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2023 Note 2 - Summary of Significant Accounting Policies (continued) As of June 30, 2023, there were no encumbrances outstanding. Use of estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Date of management review: Subsequent events were evaluated by management through September 15, 2023, which is the date that the financial statements were available to be issued. Note 3 - Cash and Cash Equivalents At June 30, 2023, the carrying amount of the deposits and cash on hand totaled $423,833, with a bank balance of$ 443,130. State statutes require, and it is the School's policy, that all deposits be made into, and be held by, financial institutions designated by the Treasurer of the State of Florida as "qualified public depositories" as defined by Chapter 280 of the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds. The minimum collateral to be pledged by an institution, the collateral eligible for pledge, and reporting requirements of the qualified public depositor to the Treasurer is defined by the Statute. Collateral is pooled in a multiple qualified public depository institution pool with the ability to assess members of the pool should the need arise. The School's deposits are held in a qualified public depository. They are covered by the collateral pool, as the School has identified itself as a public entity at June 30, 2023. Note 4- Capital Assets Balance at Balance at July 1, June 30, 2022 Additions Deletions 2023 Capital assets, depreciable: Computer hardware $ 659,618 $ 337,543 $ - $ 997,161 Furniture, fixtures and equipment 549,732 37,722 - 587,454 Total capital assets, depreciable 1,209,350 375,265 - 1,584,615 Accumulated depreciation: Computer hardware 112,939 207,963 - 320,902 Furniture, fixtures and equipment 176,672 98,151 - 274,823 Total accumulated depreciation 289,611 306,114 - 595,725 Net capital assets $ 919,739 $ 69,151 $ - $ 988,890 Provision for depreciation was charged to governmental activities as follows: Instruction $ 306,114 19 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2023 Note 5 - Commitments Management agreement: The City has a contract with Charter Schools USA, Inc. ("CSUSA") for administrative and educational management services for the operations of the School. All staff of the School are employees of CSUSA. Total fees paid to the management company for fiscal year 2022/2023 were approximately $ 376,000. The majority of other reimbursed expenditures by the City to CSUSA relate to teachers' salaries and benefits. The current agreement with CSUSA will expire on June 30, 2034. The term of the agreement is consistent with the existing charter with automatic renewals through a term consistent with the then current charter provided performance standards are satisfied. Post-retirement benefits: The School does not provide post-retired benefits to retired employees. Note 6- Long-Term Liabilities Changes in the School's long-term liabilities for fiscal year ended June 30, 2023, are as follows: Balance at Balance at Amount July 1, June 30, Due Within 2022 Increases Decreases 2023 One Year Compensated absences $ 35,802 $ 109,176 $ 92,520 $ 52,458 $ 39,343 Note 7 - Employee Benefit Plan During the year ended June 30, 2023, the School offered all of its full-time employees who had attained 21 years of age, a retirement plan (the "Plan") under Internal Revenue Code Section 401(k). The employee is allowed to contribute up to a maximum of 100% of his/her annual gross compensation, subject to certain limitations. The Plan provides for a discretionary employer matching contribution of the participant's annual elective deferral to the Plan. As determined annually by the School's management, the School may also make a discretionary profit sharing contribution, which is allocated among the participants based on a pro rata formula. Participants are immediately vested in their own contributions and earnings on those contributions. Participants become vested in School contributions and earnings on School contributions according to the following schedule: Years of Service Vesting Percentage 1 25% 2 50% 3 75% 4 100 Nonvested contributions are forfeited upon termination of employment and such forfeitures are used to reduce any employer contribution. For the Plan year ending December 31, 2022, the School had $ 834 in forfeitures. For the year ended June 30, 2023, the School contributed a matching amount of$ 31,853. 20 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2023 Note 8- Risk Financing The School is exposed to various risks of loss related to torts, thefts of, damage to, and destruction of assets and natural disasters. The School has obtained property insurance from commercial companies including, but not limited to, general liability and errors and omissions insurance. There have been no claims in excess of insurance coverage limits during the past three years. As disclosed in Note 5, CSUSA employs all of the employees of the School. As a result, the School is not exposed to medical or workers' compensation claims for these individuals. In addition, CSUSA carries all required insurance including, but not limited to, general liability and errors and omissions insurance. 21 REQUIRED SUPPLEMENTARY INFORMATION YEflAS Keefe McCullough CPAs +Trusted Advisors Don Soffer Aventura High School Schedule of Revenues and Expenditures - Budget and Actual - General Fund For the Year Ended June 30, 2023 Original and Final Budget Actual Variance Revenues: Federal through state $ 1,051,447 $ 361,161 $ (690,286) State sources 6,367,311 7,821,057 1,453,746 Local sources 1,012,880 2,015,473 1,002,593 Total revenues 8,431,638 10,197,691 1,766,053 Expenditures: Instruction 4,654,651 4,860,695 (206,044) Student support services 418,633 678,786 (260,153) Instructional staff training services 29,707 17,627 12,080 Instruction related technology 146,653 139,836 6,817 Board 14,483 17,958 (3,475) School administration 1,050,237 893,409 156,828 Fiscal services 382,914 380,036 2,878 Food services 209,548 151,610 57,938 Central services 118,496 103,589 14,907 Pupil transportation - 139,632 (139,632) Operation of plant 627,659 663,453 (35,794) Maintenance of plant 153,350 333,962 (180,612) Capital outlay 306,845 375,265 (68,420) Total expenditures 8,113,176 8,755,858 (642,682) Net change in fund balance $ 318,462 $ 1,441,833 $ 1,123,371 See notes to required supplementary information. 22 Don Soffer Aventura High School Note to Required Supplementary Information For the Fiscal Year Ended June 30, 2023 Note 1 - Budgets and Budgetary Accounting The School formally adopted a budget for the year ended June 30, 2023. Budgeted amounts may be amended by resolution or ordinance by the City Commission. The budget has been prepared in accordance with accounting principles generally accepted in the United States of America. A comparison of the actual results of operations to the budgeted amounts for the operating fund is presented as required supplementary information. 23 OTHER INDEPENDENT AUDITOR'S REPORTS YEflNS^ Keefe McCullough CPAs +Trusted Advisors Keefebrr(.7N. �' McCullough CPAs +Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of the City Commission of the City of Aventura Don Soffer Aventura High School Aventura, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and the major fund of Don Soffer Aventura High School (the "School"), a Special Revenue Fund of the City of Aventura, Florida, as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the School's basic financial statements, and have issued our report thereon dated September 15, 2023. Report on Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the School's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, we do not express an opinion on the effectiveness of the School's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 vv®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 24 BEST PLACES TO WORK Don Soffer Aventura High School Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the School's financial statements are free from material misstatement,we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. k4 M � KEEFE McCULLOUGH Fort Lauderdale, Florida September 15, 2023 25 Keefebrr(.7N. �' McCullough CPAs +Trusted Advisors INDEPENDENT AUDITOR'S REPORT TO THE BOARD OF DIRECTORS Honorable Mayor and Members of the City Commission of the City of Aventura Don Soffer Aventura High School Aventura, Florida Report on the Financial Statements We have audited the financial statements of Don Soffer Aventura High School (the "School"), a Special Revenue Fund of the City of Aventura, Florida, as of and for the fiscal year ended June 30, 2023, and have issued our report thereon dated September 15, 2023. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and Chapter 10.850, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report, which is dated September 15, 2023, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.854(1)(e)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no recommendations made in the preceding audit report. Official Title Section 10.854(1)(e)5., Rules of the Auditor General, requires that the name or official title of the entity and the school code assigned by the Florida Department of Education be disclosed in this management letter. The official title and the school code assigned by the Florida Department of Education are Don Soffer Aventura High School and 0950. SOUTH FLORIDA BUSINESS JOURNAL KMCcpaxom 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 vv®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 26 BEST PLACES TO WORK Don Soffer Aventura High School Financial Condition and Management Sections 10.854(1)(e)2. and 10.855(11), Rules of the Auditor General, require us to apply appropriate procedures and communicate whether or not the School has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the specific conditions) met. In connection with our audit, we determined that the School did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.854(1)(e)6.a. and 10.855(12), Rules of the Auditor General, we applied financial condition assessment procedures for the School. It is management's responsibility to monitor the School's financial condition,and ourfinancial condition assessment was based in part on representations made by management and the review of financial information provided by same. Section 10.854(1)(e)3., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Transparency Sections 10.854(1)(e)7. and 10.855(13), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether the School maintains on its website the information specified in Section 1002.33(9)(p), Florida Statutes. In connection with our audit, we determined that the School maintained on its website the information specified in Section 1002.33(9)(p), Florida Statutes. Additional Matters Section 10.854(1)(e)4., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse,that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our audit, we did not have any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives,the Florida Auditor General, Federal and other granting agencies, the City Commission and applicable management and is not intended to be, and should not be, used by anyone other than these specified parties. V-�+-WU&4 KEEFE McCULLOUGH Fort Lauderdale, Florida September 15, 2023 27 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager 0_. BY: Robert Meyers, Office of City Attorney DATE: September 29, 2023 SUBJECT: Additional In-Service Hours for Tesla Model X Vehicles to the City of Aventura On-Demand Transportation Service October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the third amendment to the agreement with Freebee to increase the number of hours that Tesla Model X vehicles will be operating in the City to enhance the City's on-demand transportation service. BACKGROUND Per Commission direction at the September 21, 2023 Commission Workshop, an amendment to the on-demand transportation service contract with Freebee will be executed to increase the number of in-service hours of operation of the Tesla Model X vehicles to eighty-four (84) hours per week. This represents an increase of fourteen (14) hours per week to keep up with the demand for these services. FISCAL IMPACT For the enhanced service described above, the annual cost will increase to$1,283,737.84 from the current price of$1,148,865.80. CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH FREEBEE, LLC TO EXPAND THE SERVICE HOURS OF THE TESLA MODEL X VEHICLES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the February 1, 2022 City Commission meeting, the Commission approved expanding the on-demand service to the entire City in two phases and ordered four additional Tesla cars and two electric buses from Freebee, LLC ("Freebee") to satisfy the demand for this service; and WHEREAS, at the November 1, 2022 City Commission meeting, the Commission authorized the City Manager to purchase two additional vehicles from Freebee; and WHEREAS, given the response from Aventura residents and visitors, the City Manager is recommending increasing the number of hours that Tesla Model X vehicles will be in-service; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to approve the City Manager's recommendation to enter into this third amendment with Freebee to expand the number of hours that the Model X vehicles will be operating in the City. NOW, THEREFORE, BE IT RESOLVED BY 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. Third Amendment to Agreement Approved. That the City Commission hereby approves the City Manager's Third Amendment to the Agreement attached hereto as Exhibit "A" to increase the hours Model X cars will be in service from seventy (70) hours per week to eighty-four (84) hours per week. Section 3. City Manager Authorized. That the City Manager is hereby authorized to take all necessary steps to implement this Resolution. Section 4. Effective Date. That this Resolution shall become effective upon its passage. City of Aventura Resolution No. 2023- 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 Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this V day of October 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 THIRD AMENDMENT TO AGREEMENT CITY OF AVENTURA AND BEEFREE, LLC DB/A FREEBEE THIS THIRD AMENDMENT TO AGREEMENT(this"Third Amendment")is entered into this day of , 2023, by and between the CITY OF AVENTURA, FLORIDA,a Florida municipal corporation(hereinafter the"City"), and BEEFREE,LLC DB/A FREEBEE, a Florida limited liability company (hereinafter the"Contractor"). It is mutually understood and agreed by and between the undersigned contracting parties to amend the previously executed Agreement as follows: 1. Exhibit A, Rates and Services Addendum, Section 3, Rates is deleted in its entirety and replaced with the following: (a) The total payment for the Services to be provided under this Addendum shall not exceed One Million, Two Hundred and Eighty-Three Thousand, Seven Hundred and Thirty-Seven Dollars and 84 cents ($1,283,737.84), which includes a guaranteed advertising subsidy of$200,000, as stipulated under Section 5(d) and 5(e) of the Second Amendment to the agreement. (b) The breakdown for the Services charge is as follows: i. Two (2) XL Vehicles ii. Eight(8) Tesla Model X Vehicles iii. Service: Monday through Sunday 7:00 am 11:00 p.m. iv. Ninety-Eight(98) Hours of labor per XL Van Vehicle weekly and 84 hours of labor per Testa Model X Vehicles (weather and conditions permitting) v. Cost: $1,283,737.84 Annually 2. Exhibit A, Rates and Services Addendum,Section 4, Payment Terms is deleted in its entirety and replaced with the following: Payment Terms. CITY agrees to pay the Rates in monthly installments, as follows: (a) Twelve (12) payments of approximately $106,978.15 per month, payable on or before the 15th of each month, beginning upon delivery and deployment of the vehicles as set forth above in Section 1. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives, effective as of the date first written above. City of Aventura: Contractor: Ronald J. Wasson Signature City Manager Attest: Printed Name Ellisa L. Horvath, MMC City Clerk Title Approved as to Legal Sufficiency: Weiss Serota Helfinan Cole&Bierman, P.L. City Attorney Addresses for Notice: Addresses for Notice: City of Aventura Beefree, LLC d/b/a Freebee Attn: City Manager Managing Partner 19200 W. Country Club Drive Attn: Jason Spiegel Aventura, FL 33180 2312 N Miami Avenue 305-466-8910 (telephone) Miami, FL 33127 WassonR@cityofaventura.com (email) jason@ridefreebee.com With a copy to: Weiss Serota Helfinan Cole&Bierman, P.L. City of Aventura Attorney 200 E Broward Blvd 41900, Fort Lauderdale, FL 33301 rmeyers@wsh-law.com (email) CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission 6�L FROM: Ronald J. Wasson, City Manager DATE: September 29, 2023 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City of Aventura and the City of Sweetwater October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the Law Enforcement Mutual Aid Agreement with the City of Sweetwater. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested- 1. Joint multi-jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents that require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from, or disturbances within, prisoner processing facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene and police information. 14. Emergency situations in which one agency cannot perform its functional objective. 15. Joint training in areas of mutual need. 16. Joint multi-jurisdictional marine interdiction operations. 17. DUI Checkpoints. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. RJW/act Attachment CCO3074-23 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SWEETWATER FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Sweetwater for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg City of Aventura Resolution No. 2023- PASSED AND ADOPTED this V day of October 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITYOF SWEETWATER,FLORIDA AND THE CITY OF AV7El' T ,FLORIDA WHEREAS,it is the responsibility of the governments of the City of Sweetwater, Florida, an d the City ofAventura,Florida,to ensure the public sa ety of their citizens b providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHERE AS,under Florida Statutes Section 2 3.121(1)there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are,or are likely to be,beyond the control of the services,personnel, equipment, or facilities of the City of Sweetwater police Department and the City of Aven a4 and WHEREAS, it is in the best interest and advantage of the City of Sweetwater and the City of Aventura to receive and extend mutual aid to each other in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi-jurisdiction law enforcement problems, so as to protect the public peace and safety and preserve the lives and property of the people; and. ( Intensive situations including, but not limited to, emergencies as defined under Section 2 2.34, Florida Statutes; and ( Joint provision of certain law enforcement services specified herein and allowed pursuant to Section 166.0495, Florida Statutes; and WHEREAS, the City of Sweetwater and the City of A.ventura have the authority under Section 2 .12, Florida. Statutes, et seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for lave enforcement services which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and ( ) Provides for rendering or assistance in a law enforcement emergency. (3) Permits the provision of operational assistance to meet a request for assistance due to a civil disturbance or other emergency as defined in Section 252.34, Florida Statutes;and (4) l ennits routine traffic patrol along boundary roads of neighboring jurisdictions pursuant to Section 23.1225 Florida Statutes. NOW, TBEREFORE, BE IT KNOWN, that the City of Sweetwater, a political subdivision of the State of Florida,and the City ofAventura, a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions. SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid lave enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may provide voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The nature of the law enforcement assistance to be rendered shall include but not be limited to: a. Concurrent ent law enforcement jurisdiction in and throughout the territorial limits of the City of Sweetwater and. the City of Aventura for felony and misdemeanor arrests, made pursuant to the laws of arrest, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such tunes as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction,for example,to or from court,or at any time when the officer is within the territorial limits of his or her jurisdiction. b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the City of Sweetwater and the City of Aventura for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arrestina officer. c. Concurrent law enforcement jurisdiction in and upon the jurisdictional waters of the City of Sweetwater and the City of Aventura for arrests, made pursuant to the law of arrest, for felonies,misdemeanors, and boating infractions. d. Participating in exigent situations,without the need for a formal request, including, but not limited to,area searches for wanted subjects,perimeters,crimes in prowess, escaped prisoners, traffic stops near municipal boundaries, requests for assistance when no available local units are nearby, calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. e. Concurrent law enforcement jurisdiction in and throughout the territorial limits of the City of Sweetwater and the City of Aventura for any investigation of a felony, including,but not limited to;homicides,sex offenses,robberies,assaults,batteries, burglaries, larcenies, gambling, motor vehicle thefts, financial crimes, drug violations pursuant to Chapter 893, Florida Statutes, and inter-agency task forces and/or joint investigations. f. Joint enforcement of all state laws and county ordinances city ordinances of the City of Sweetwater and the City of Aventura and the exercise of arrest powers when a crime of violence or felony of any nature occurs in the presence of any sworn law enforcement officer, within the jurisdictional boundaries of either party. Prior to any officer taping enforcement action pursuant to paragraphs(a)through(g)above, the officer shall notify the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. If the agency having normal jurisdiction responds to the scene, the assisting agency's officer may turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions take . These provisions are not intended to grant general authority to conduct investigations,serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address exigent, critical, life-threatening, or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. SECTION II; PROVISIONS FOR OPERATIONAL ASSISTANCE The aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other to include,but not:necessarily be limited to dealing with, the f+ llowit 1. Joint inuiti-jurisdictional criminal investigations- 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and assemblies,controversial trials, political conventions, labor disputes, and strifes; 3. ,any natural,technological, or manmade disaster; 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, lark-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents., train wrecks and derailments, chemical or hazardous waste spills,and electrical power failures; 5. Any act of terrorism as defined in Section 775.30, FloridaStatutes; 6. Escapes from, or disturbances within,prisoner processing facilities; T .hostage,active shooter and barricaded subject situations and aircraft piracy; . Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls,pursuits. and missing person.calls; . Enemy attack; 10. Transportation of evidence requiring security; IL Major events, including but not limited to, sporting events, concerts, parades, fairs, festivals, conventions and any National Special Security Event (N E) as designated by the United States Department of Homeland Security;. 1 . Security and escort duties for dignitaries; 13. Incidents requiring utilization of specialized units,including,but not limited to,underwater, recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted., SWAT, bomb, crime scene, and police information; 14. Emergency situations in which one agency cannot perfonn its f inctional objective; 15. Joint training in areas of mutual need; 16. Joint multi jurisdictional marine interdiction operations; and 17. Off-duty special events; . DIJI Checkpoints. SECTION III: PROCEDURE FOR NCB OEPARTIONAL ASSISTANCE l. Mutual aid requested or rendered shall be approved by the Chief of Police, or designee.The Chief of Police,or designee,of the agency whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors, if necessary, and will respond in a manner he/she deems appropriate. The Chief of Police,or designee,in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized, and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. 3. Specific reporting instructions for personnel rendering mutual aid will be included. in the request for mutual aid. In the absence of such reporting instructions, personnel will report to the ranking on-duty supervisor on the scene. . Communications instructions will be included in each request for mutual aid and each agency's communications centers will maintain radio coact with each other until the mutual aid situation has ended. . Incidents requiring mass processing of arrestees,transporting prisoners, and.operating temporary detention facilities will be handled per established procedures of the requesting agency or Chief of Police involved. SECTION IV: COMMAND II SUPERVISORY RESPONSIBILITY a. D: The personnel and equipment that are assigned by the assisting Chief of Police shall be under the immediate command of a supervising officer designated by the assisting Chief of Police. e under the direct supervision acid corn d of the Chief of Police Such supervising officer shall or his/her designee of the agency requesting assistance. b. CONFLICTS: Whenever an officer is rendering assistance pursuant to this agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general carders, and standard operating procedures of his/her own employer. If any such raffle, regulation, personnel policy,general order or standing operating procedure is contradicted,contravened or otherwise in conflict with a direct order of superior officer of the requesting agency,then such rule,regulation, policy,general order or procedure shall control and shall supersede the direct order. C. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of cooperative effort as it may pertain to this agreement, the Chief of Police or his/her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint. The Chief of Police or designee of the requesting agency should ascertain at a minimum: 1. The identity of the complainant, address where the complaining party can be contacted; 3. The specific allegation; and 4. The identity of the employees accused without regard as to agency affiliation.. if it is determined during the investigation of a complaint that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review.The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint existsand/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V. LLkBHITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions or conduct of such p 's own employees while engaged in rendering such aid pursuant to this agreement,subject to the provisions of Section 768.28,Florida Statutes, where applicable. SECTION I: POWERS, I ,IMMUNITIES AND COSTS a. .Employees of the City of Sweetwater and the City of Aventura , when actually engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but inside this Mate, under the terms of this agreement:, shall, pursuant to the provisions of Section .1 7(l), Florida Statutes (as amended), have the same powers,duties,rights,privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel equipment,resources and facilities and to render services to each other party to this agreement as set forth above;provided,however,that no party shall be required to deplete reasonably its o personnel,equipment,reso e , facilities, and services in furnishing such mutual aid. The political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense; incurred in the operation and maintenance of that equipment. d. The political subdivision furnishing aid pursuant to this agreement shall compensate its employees during the time of the rendering of aid and shall defray(provide for the payment o the actual travel and maintenance expenses of its employees while they are rendering aid,including any amounts paid or due for compensation for personal injury or death while its employees are rendering aid. C. The privileges and immunities from liability, exemption from lays, ordinances and rules, and pension, insurance, relief, disability, workers' compensation, salary, death,and rather benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree. manner, and extent while engaged in the performance of the employee's duties e traterrritoriall under the provision of this mutual aid agreement, This section applies to paid, volunteer, reserve, part time and auxiliary employees. f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual casts or expenses incurred by the assisting agency performing hereunder. SECTION VII: FORFEITURES a. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes, The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 9 , Florida statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. The municipality/agency with the right to proceed with the forfeiture may allow the other municipality/agency to prosecute the forfeiture, with the written authorization of the Chief of Police and the legal counsel of each municipality/agency. b. All proceeds from forfeited property as a result of or in accordance with this agreement shall be equitably distributed among the participating agencies in proportion to the amount ofinvestigation and participation performed by each agency pursuant of the provisions of the Florida Contraband .Forfeiture Act.,, less the costs and attorney's fees associated with the forfeiture action. SECTION III; INSURANCE Each political subdivision shall provide,upon request, satisfactory proof of liability insurance by one or more of the jeans specified in Section 76 , g, Florida..Statutes, in an amount which is,in the judgment of the governing body of that political subdivision,,at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided..,of any party be canceled or undergo material change,that party shall notify all parties to this agreement of such change within ten(l tf) days of receipt of the notice or actual knowledge of such change. SECTION IX: EFFECTIVE T" This agreement shall take effect upon full execution and approval by the hereinafter named officials and shall continue in full force and effect for five years after it takes effect. Linder no circumstances may this agreement be renewed, amended or extended except in writing. SECTION s CANCELLATION Either party may cancel its participation in this agreement upon sixty(60)days written notice to the other political subdivision. Cancellation will be at the discretion of any political subdivision to this mutual aid.agreement. Ili WITNESS WHEREOF, the parties hereto cause to these presents to be silted on the date first written above. AGREED AND ACKNOWLEDGED this day of TW FOR FOR SW CITY OF AVENTURA e e'Dias Ronald. J. Wasson City Mayor City Manager City of S weet ate r Cfty of Aventura Date: � Date. ATTEST, ATTEST: t City C0.l r: City Clerk APPROVED AEI TO E R AND APPROVED AS TO FORM ,ND LEGAL SUFFICIENC LEGAL SUFFICIENCY: City Attorney City Attorney i e io Diaz Michael Eentolila w C hict'of l� lice � C'li cf of Police CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manag BY: Keven R. Klopp, Community Development Director DATE: September 29, 2023 SUBJECT: Professional Consulting/TranSystems Work Authorization 2023-001 October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Community Development Work Authorization No. 2023-001 to TranSystems Corporation for professional services (Rapid Transit Zone and Metropolitan Urban Center pre- planning) in the amount of$150,000. BACKGROUND Miami-Dade County, on September 1, 2022, adopted Ordinance 22-106 which, in summary as it relates to the City of Aventura, requires the City to amend its Zoning to ensure a minimum development intensity is allowed along Biscayne Blvd. The amendment is to be completed by the City prior to September 1, 2024. The City Commission and staff have discussed the County's Ordinance, known as the Rapid Transit Zone (RTZ) Expansion, several times over the last year. In addition to the RTZ requirement, there is a set of County expectations for the City's officially designated Metropolitan Urban Center (MUC), which is centered on the transit hub at Aventura Mall and the Brightline Station across Biscayne Blvd. from the transit hub. The City's Planning Consultant, TranSystems, selected by the City Commission pursuant to Resolution 2021-56, has attended several meetings at the City in order to gain an understanding of the RTZ, as well as the related planning and development topics being discussed. CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 2023-001 IN THE AMOUNT OF $150,000 FOR PROFESSIONAL PLANNING SERVICES RELATED TO THE REGIONAL TRANSIT ZONE (RTZ) AND METROPOLITAN URBAN CENTER (MUC) PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND TRANSYSTEMS, CORP.; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the City Manager is hereby authorized to execute the attached Work Authorization No. 2023-001 ($150,000) for professional planning services by and between the City of Aventura and TranSystems, Corp. Section 2. That the City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg City of Aventura Resolution No. 2023- PASSED AND ADOPTED this V day of October, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRANSYSTEMS CORPORATION CITY OF AVENTURA WORK AUTHORIZATION NO. 2023-001 RTZ AND MUC PRE-PLANNING The City of Aventura has requested Work Authorization No. 2023-001 as provided for in the Professional Services Agreement between the City of Aventura and TranSystems, Corp. dated 2/27/23 and as authorized by the City Commission via Request For Proposals (RFP) #21-09-07-03. This Work Authorization No. 2023-001 provides for planning services in accordance with the Agreement as further detailed in the project description for Regional Transit Zone (RTZ) and Metropolitan Urban Center (MUC) pre-planning, attached. Payment for such services shall be in accordance with the Agreement and the attached Work Authorization. Task 1 : Comprehensive Planning Services on an hourly basis with a not to exceed fee: $10,000 Task 2: Hospital District South Planning Services on an hourly basis with a not to exceed fee: $10,000 Task 3: Form-Based Regulations Periodic invoices based on progress billed on a lump sum basis: $130,000 APPROVED: CITY OF AVENTURA, FLORIDA BY Ronald J. Wasson, City Manager DATE RECOMMENDED BY Keven Klopp, Community Development Director DATE TRANSYSTEMS CORPORATION CITY OF AVENTURA WORK AUTHORIZATION NO. 2023-001 RTZ AND MUC PRE-PLANNING Project description Plan for continued but deliberate urbanization ofAventura with a focus on urban form and alternative means of transportation,including existing regional rail and bus service and new localized mobility infrastructure that supports bicycles, scooters, neighborhood electric vehicles,and other"last mile" options.The project will be consistent with the intent of Miami-Dade County's Metropolitan Urban Center(MUC) and Rapid Transit Zone (RTZ) designations within the City. Project responsibility structure The city's Community Development Department/Planning and Zoning Division will undertake Tasks 1 and 2 of the Phase I scope. TranSystems will provide collaboration as may be requested,will review and comment on the city's draft work products,and will present the work products to the City Commission.Since TranSystems role is one of review and presentation only,TranSystems will provide services on an hourly basis not to exceed the total maximum fee amount for Tasks 1 and 2. TranSystems will undertake all of the components of Task 3,which will be billed on a lump sum basis. Phase overviews Phase I components (this scope): 1. Comprehensive Plan Amendment 2. Planning for Hospital District South 3. Form-based regulations for Hospital District South We recommend undertaking a mobility plan concurrent with the above tasks, but is not part of this scope. The mobility plan would examine current and emerging technologies for"last mile" transportation, recommend specific street sections and off-street paths for intra-city alternative travel modes, provide cost estimates, implementation measures, and recommend associated code changes. Phase 11 components(outside of this scope): • Planningforthe MUC • New regulations for the MUC • Planningfor RTZ south of the MUC • New regulations for the RTZ south of MUC Scope Task l:Comprehensive Plan Amendment TranSystems will act in a collaborative and review capacity as the Planning and Zoning Division prepares text and map amendments to designate areas within the City eligible for additional residential and nonresidential development intensity.TranSystems will also attend meetings and make presentations as requested,subject to the not-to-exceed fee amount. Fee: hourly not to exceed $10,000 The Planning and Zoning Division will undertake a scope similar to the following: I. Analysis a. Evaluate public facility capacities and levels of service. b. Optional:determine theoretical buildout of City at three selected pairs of average density and intensity. c. Optional:compare each buildout scenario to the existing and/or buildout potential of up to five selected urban areas or districts. Intensely developed areas of Aventura and neighboring cities may be used as a means of comparison. Note:the character of different sub areas will be determined when those areas are planned in a future Project phase. d. Recommend the number of additional residential units and nonresidential floor area to be available for projects citywide,subject to implementation through new regulations. e. Consider whether some or all of the additional intensity should be allocated to or reserved for defined geographic subareas. f. Delineate overall and sub area boundaries,as applicable. g. City to obtain legal opinion to ensure that the proposed text amendment preserves the City's control over the number of additional units and floor area made available through the overlay and conditional use process without creating any property rights, including any requirement that the City must supplement the additional available intensity it in the future. II. Focus Group a. Evaluate Task 1 deliverables and make recommendations. III. Outreach and Public Involvement a. Establish a Project webpage. b. Notice public input sessions on webpage, in local publications and local sections of regional publications. c. Potentially mail direct notice to each condominium and homeowner's association. d. Host one open house to gather feedback on proposed amendment. e. Summarize feedback. IV. City Commission Workshop V. Revisions as directed by Commission VI. Transmittal public hearings VII. Address any state, regional and county agency comments VIII. Adoption public hearing Scope Task 2: Planning for Hospital District South TranSystems will act in a collaborative and review capacity as the Planning and Zoning Division lays the groundwork for the form-based regulations.TranSystems will also attend meetings and make presentations as requested,subject to the not-to-exceed fee amount. Fee: hourly not to exceed $10,000 It is anticipated that the Planning and Zoning Division will undertake a scope similar to the following: I. Inventory and Analysis a. Utility infrastructure b. Existing and planned rights-of-way c. Ownership patterns II. Plan components: a. Identify anticipated travel patterns, primary and secondary streets,and rights-of-way that could be abandoned. Develop street network and connections plan. b. Generalized building frontage requirements by street c. Street sections d. Massing model showing permitted building envelopes from ground up e. Minimum and maximum intensities of development and use f. Special locational features, if any(ex:small open space) III. Focus Group a. Evaluate Task 2 deliverables and make recommendations. IV. Public outreach a. Notice public input sessions on webpage, in local publications and local sections of regional publications. b. Potentially mail direct notice to each condominium and homeowner's association. c. Host one open house community forum to gather feedback on proposed plan. d. Summarize feedback. V. City Commission Workshop VI. Revisions as directed by Commission Task 3: Form-based regulations for Hospital District South,and Template for MUC, RTZ Remainder. TranSystems will prepare form-based regulations using the complete Task 2 results as the foundation, and complete the full scope of this task. The fee proposal is contingent upon completion of the Task 1 and 2 work products,since they are foundational to the form-based regulations. Fee: $130,000, lump sum. I. Basic structure of the regulations: a. Means of regulation. Establish as a new overlay or standard district that will serve as a component of the core, center, and edge format within the County's MUC regulations. b. Focus of regulation. Focus on the aspects of urban form and urban design'that are most critical to creating functional and attractive street corridors,open spaces and development frontages while providing flexibility in permitted uses,architecture,and some other aspects of development in order to accommodate market conditions,allow creativity in design and architecture,and minimize the volume and complexity of the regulations. c. Integration. Centralized (inclusive) or decentralized approach.This choice determines whether certain regulations that are specific to the new district-such as those pertaining to parking,signage, landscaping,and nonconformities—are included within the new district regulations are or located in the external articles already devoted to these topics. d. Format. Format the regulations as a template designed to later incorporate other areas of the RTZ and MUC. II. Regulation components: a. Required street locations and connections. b. Classification of streets or designation of sub-areas within the district for purpose of keying certain standards to a parcel's street frontage(s) or location within the district. c. Block standards d. Street sections and standards i. Travel lanes ii. Turn lanes,if allowed iii. Medians,as applicable iv. On-street parking,as applicable v. Alternate mobility lanes,as applicable vi. Sidewalk width and usage standards vii. Street trees viii. Street fu rnitu re 'Urban design focuses on the physical form of neighborhoods,districts and corridors;on the relationships between buildings and the spaces they create in between each other, particularly public spaces. ix. Treatment of utilities x. Construction in segments by developer vs. payment into fund and construction on larger scale e. Lot standards i. Area and dimensions(minimum lot size by right and to obtain conditional use) ii. Perviousarea iii. Building coverage f. Building placement g. Building massing i. Extent to which "upper stories"can occupy the full building footprint ii. Extent to which horizontal building mass is articulated and not contained in one full volume h. Building height i. Building frontage standards i. Extent of building placement along street edge ii. Orientation and configuration of entrances iii. Fenestration requirements iv. Required and allowable projections and dimensions v. Exterior wall materials vi. Use and allowable dimensions of private property between a building and the public sidewalk vii. Treatment of lot frontages and portions of lot frontages not lined by a building j. Density and Intensity Standards(potentially including Floor Area Ratio) k. Vehicular use areas(parking, loading,driveways,drive-throughs, parking structures): i. Site placement ii. Possible revision to number of required parking spaces or dimensional requirements based upon on-street parking creditor other considerations 1. Generalized list of permitted uses m. Landscaping standards i. Adjustments to existing standards as maybe appropriate to reflect an urbanizing setting n. Potential inclusion of open space specifications or reference to specifications in planning documents o. Sign standards i. Adjustments to existing standards as maybe appropriate to reflect an urbanizing setting p. Conditional use requirements for obtaining additional intensity q. Nonconformities III. Focus Group a. Review proposed project components and alternatives during preparation of the regulations and make recommendations,as determined by Community Development Director. b. Review final draft Task 3 deliverables and make recommendations. IV. Public outreach a. City staff to notice public input sessions on webpage, in local publications and local sections of regional publications. b. Attend one open house community forum hosted by City staff to gather feedback on proposed regulations. c. Summarize feedback. V. Prepare PowerPoint presentation and attend City Commission Workshop. VI. Make revisions as directed by Commission. VII. Prepare PowerPoint presentation and attend adoption public hearings Professional Services Agreement rof si ianal Services Agreement (the "Agreement") is made and entered into as of the L1 day of 4f-q 2023 (the "Effective Date") by and between the City of Aventura, a Florida municipality (the "City") and TranSystems Corporation dlbla TranSystems Corporation Consultants, as the successor to SI;I'I Engineering and Construction ("Consultant") with each being referred to herein as a Party or collectively as the "Parties." WHEREAS, the City requires support to assist the planning and zoning functions of the Community Development Department; and WHEREAS, the City Commission has, via Request For Proposal (RFP) No. 21-0907-3 and Resolution 2021-56 selected SEPI Engineering and Construction to provide Professional Planning Consultant Services and desires to enter into an agreement with the Consultant to undertake these efforts; and WHEREAS, S1PI was acquired by TranSystems Corporation, is now merged into TranSystems and operates in Florida as TranSystems Corporation dlbla TranSystems Corporation Consultants, and WHEREAS, TranSystems Corporation Consultants, as the successor to SEPI, includes in its planning group the same senior members as SEPI included in their proposal, has the required licensing and qualifications to proceed with the work and meet all of the contract requirements, and will honor the rates proposed by SEPI for this work NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants set forth below, the City and Consultant agree as follows: SCOPE OF SERVICES. Consultant shall provide the services proposed in their response to the RFP as incorporated herein and attached hereto as Exhibit "A." 1. TERM. The Consultant shall provide the Services to the City at the rates identified in the Scope of Services for a term of three (3) years with the option to renew the contract for two (2) additional one-year periods. Either party shall have the right to tenminate this Agreement, with or without cause, upon 45-days prior written notice. In the event that either party elects to terminate this Agreement,the City shall have no further obligation to Consultant following the effective date of the termination. Options for renewal will only be exercised upon mutual written agreement of the terms, conditions and specifications and the extension is approved by the City Manager. If Contractor cannot renew- at the same terms,conditions and prices,Contractor must notify City on/or before 90 days of contract expiration date. If the City intends to renew, the contractor will he notified of such 90 days prior to the initial contract term expiration; however, failure to do so shall not prevent a mutually agreed upon extension. II. PAYMENT. In consideration of Consultant's completion of services rendered hereunder, the City shall pay to Consultant, the hourly rates specified in Exhihit B with no minimum hourly guarantees to the Consultant. All services performed shall be invoiced to the City for planning and zoning services. Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the service satisfactorily rendered (and referenced in the particular invoice). 1lE I. TERMINATION. A. Termination for Cause. If a Party fails to fulfill in a timely manner, or otherwise violates or defaults upon, any of the covenants, agreements, or stipulations material to this Agreement, the non-defaulting Party,shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause,the non-defaulting Party shall notify the defaulting Party of its violation of the particular term(s) of this Agreement and shall grant the defaulting Party ten (10) business days to cure such default. If such default remains uncured after ten (10) husiness days, the non- defaulting Party may terminate this Agreement without further notice to defaulting Party. Upon termination, the non-defaulting Party shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, the Agreement. Notwithstanding the above, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by Consultant. The City, at its sole option and discretion,shall be entitled to bring any and at{ legal or equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Consultant. The City shall be entitled to recover all costs of such actions. including reasonable attorney's fees. B. Termination for Convenience of the City. The City may, for its convenience and without cause, terminate the Agreement at any time during the Term by giving written notice to Consultant of Such termination; which shall become effective thirty (30) days following receipt by Consultant of such notice. If the Agreement is terminated for convenience by the City, Consultant shall only be paid for any services satisfactorily performed up to the date of termination, following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In the event that the City pays Consultant in advance, the City shall be entitled to a refund of the prorated amount calculated from the date the contract is terminated through the date that the contract would have expired had the City not exercised this clause, Consultant shall issue such refund within thirty (30) days of the effective date of termination of the Agreement. V. INSURANCE REQUIREMENTS Consultant shall maintain general commercial liability insurance.in an amount acceptable to the City. This Agreement shall not be deemed approved until the Consultant has obtained all insurance required under this section and has supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve of such Certificates prior to the performance of any Services pursuant to this Agreement. CERTIFICATE HOLDER MUST READ City of Aventura 19200 West Country Club Drive Aventura, FL 33180 ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating Guide and be licensed to do business in Florida. Consultant's liability insurance shall be primary to any liability insurance policies that may be carried by the City. Consultant shall he responsible for all deductibles and self- insured retentions on their liability insurance policies. Consultant agrees to provide at least thirty (30) calendar days written notice of cancellation,material change,or renewal refusal to the City by certified mail,unless policies are renewed with equal or better coverage. V1. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all third parry actions (whether at law or in equity), claims, liabi Iities, losses, j u d g m en t s, c o s t s and expenses, including, but not limited to, attorneys' fees and costs (collectively, "Losses"), for personal or bodily injury, wrongful death, or loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or willful or intentional conduct of the Consultant, its officers, employees, agents, subcontractors, or any other person or entity acting under Consultant's control or supervision, arising out of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such Losses which may issue from any lawsuit arising from such claims and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. Nothing in this Agreement shall be deemed or treated as a waiver by the City of any immunity to which it is entitled by law, including but not limited to the City's sovereign immunity as set forth in Section 768.28, Florida Statutes. VI I. ENTIRE AGREEMENT. This Agreement (including Exhibit A -the Consultant's proposal), UP No. 21-0907- 3, Resolution 2021-56, and any warranties on materials and labor shall constitute the entire Agreement. In the event of a conflict between the provisions of those documents and this Agreement, the provisions of the RFP shall prevail. Any amendment to the terms of this Agreement shall be evidenced in writing and executed by both Parties. VI.II. WARRANTIES. Consultant represents and warrants that Consultant is free to enter into the terms of this Agreement and that Consultant has no ohligation to any third party or otherwise that are inconsistent with any of its provisions. Consultant further represents and warrants that Consultant has and shall maintain for the duration of this Agreement, all professional licenses required to be held by an individual or entity providing the Services by any and all federal, state or local law, rule or policy. The Consultant warrants that its services are to be performed within the limits prescribed by the City and with the usual thoroughness and competence of the Consultant's profession. IX. NON-E?tiC'LUSINIITY. This Agreement is non-exclusive. The City retains the right to engage the services of additional third-party Consultants or assign responsibilities to an employee of the City to perform the same or similar services provided by Consultant under this Agreement and to assign work to such parties in its sole discretion. X. SEVFRABILITY. The Parties to this Agreement expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If any provision of this Agreement is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, sections, sentence, word, clause, or comhination thereof causing such violation will be inoperative (and in lieu thereof there will be inserted such provision, section,sentence, word, clause,or combination thereof as may he valid and consistent with the intent of the Parties under this Agreement) and the remainder of this Agreement, as amended, will remain binding upon the Parties, unless the inoperative provision would cause enforcement of the remainder of this Agreement to be inequitable under the circumstances. XI. ANTI-DISCItIMINATIQN. Consultant certifies that it does not discriminate in its membership or policies based on race,color, national origin,religion,sex., sexual orientation, familial status or handicap. Consultant further agrees that neither Consultant,nor any parent company, subsidiaries or affiliates of Consultant are currently engaged in, nor will engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United Statcs has free trade. XI1. NOTICES. All notices hereunder shall be given in writing by registered or certified mail, return receipt requested, postage prepaid, addressed to the Parties at the following respective addresses, or at such other address as may be designated in writing by either Party to the other, and shall be deemed delivered for all purposes hereunder upon deposit of same into the United States.mail: To City: Ronald Wasson, City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 331.90 Copy To: Robert Meyers, City Attorney Weiss Scrota Helfn).an Cole & Bierman, P.L. 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, FL 33312 To Consultant: TranSystems Corporation/SEP1 Jeff Katims, Senior Planning Manager 3350 NW 53rd St Ste 101 Fort Lauderdale, FL 33309 XIH. COMPLIANCE WITH LAWS. Consultant agrees to comply with all laws, ordinances, rules, and regulations that are now or may become applicable to the Services covered by this Agreement, regardless of the applicable jurisdiction. XIV. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the Parties and their respective successors, heirs and assigns. However, the Parties agree that nothing contained herein shall authorize the assignment of this Agreement or the delegation of any duties hereunder by either Party, unless previously set out in this Agreement, without the prior written consent of the other party. XV. SURVIVAL OF TERMS. Termination or expiration of this Agreement for any reason shall not release either Party from any liabilities or obligations set forth in this Agreement which(a)the Parties have expressly agreed shall survive any such termination,or(b)remain to be performed and by their nature would he intender] to be applicable following any such termination or expiration. Any liabilities which have accrued prior to termination pursuant to the insurance and/or indemnification obligations set forth below shall survive the termination of this Agreement. XVI. GOVERNING LAWS. This Agreement shall be governed by, construed in accordance with, the laws of the State of Florida. The venue for any dispute arising from this Agreement shall be the Circuit Court of Miami-Dade County, Florida. The Parties voluntarily waive any right to trial by jury in the event of litigation between the Parties, which arises out of this Agreement in any way. XVIL NO CONTINGENT FEES. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement. and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. XV111. WAIVER. No delay or omission by either Party hereto, in the exercise of any right or remedy hereunder, shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any Party must be in writing and signed by the Party against which such waiver is sought. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or any other covenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise. XIX, FORCE MAIEURE. Non-performance of Consultant or City shall be excused to the extent that performance is rendered impossible or delayed by strike, fire, hurricane, flood, terrorism, governmental acts or orders or restrictions, or other similar reason where failure to perform is beyond the control of and not caused by the negligence of the non- performing Party ("Force Majeure"), provided that the non-conforming Party gives prompt notice of such conditions to the other Party and makes all reasonable efforts to perform. XX. CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, Consultant agrees to: A. Keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this agreement. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City. B. Upon request from the City's custodian of public records, Consultant shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Unless otherwise provided by law, any and all records, including but not limited to reports, plans, surveys, and other data and documents provided or created in connection with this Agreement are and shall amain the property of the City. Notwithstanding, it is understood that at all times Consultant's work papers shall remain the sole property of Consultant and are not subject to the terms of this Agreement. D. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of Consultant shall be delivered by Consultant to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, Consultant shall destroy any and all duplicate records that are exempt or confidential and exempt from public records disclosure requirements. Notwithstanding the terms of this Section, the Parties agree and it is understood that Consultant will maintain a copy of any information. confidential or otherwise, necessary to support its work product generated as a result of its engagement for services, solely for reference and archival purposes in accordance with all applicable professional standards, which will remain subject to the obligations of confidentiality herein. E. Any compensation due to Consultant shall be withheld until all records are received as provided herein. F. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC" RECORDS AT 305-466-8901 OR I3V MAIL: City of Aventura — City Clerk's Office, 19200 West Country, Club Drive, Aventura, FL 33180. XXJ. SCRUTINIZED COMPANIES. Consultant certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Consultant or its subcontractors are found to have submitted a false certification, or if the Consultant, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars, the Consultant certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Consultant , its affiliates, or its subcontractors are found to have submitted a false certification, or if the Consultant, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. The Consultant agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. X II. E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. "The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verity, please visit: https://www.c-verify.�)ovlfaglhow-do-i-provide-proot-of-my- n:articipationenrollment-in-e.-verif}. By entering, into this Agreement, the Consultant acknmvledges that it has read Section 448.095, Florida Statutes; will comply with the I -Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. IN WITNESS WHEREOF,Consultant has signed and delivered this Agreement, and the City has caused this Agreement to be signed and delivered by its duly authorized officer or representative, all as of the date tirst set forth above. CONSULTANT: CITY: City of Aventura 19200 West Country Club Drive Aventura, FL 33180 r By: By: L7 - ,� Ronald Wass n Sr-V�icx �c City Manager Attest:,� City Clerk. Approved as to form and legal '—` sufficiency for the use and reliance of s. t the City of Aventura only. By. City Attorney EXHIBIT"A" TO CONTRACT CITY OF AVENTUR-A F i 11C;Irig C011Sllltafit SENIGeS Request for Proposal �t ids` RFP#21-09-07-3 SECTION 3 SERVICES SOUGHT 3.I INTENT The City of Ave ntura. Florida (the '-C1h-") is inviting the submission of proposals From qualified firms to provide Planning Consultant Services for the City. Subsequent to the City Commission-s adoption of a Resolution authorizing the City Manager to negotiate az agrecnilent with the highest-ranknnig firnn. the City «•ill enter into an agree men t Nxith a prince contractor_and nim enter into a similar agreenient with backup casitractors. By subsnittinlg a prol30sa1. a prol30ser agrees to be the prime contractor if aN\arded the prime contract or if selected as a backup contractor, a proposer agrees to enter into a backup contract. The Cite is seeking a Planning Consult int("Consultani")that i\ill�\ork on-site at the Aventura Govenimcnt Center accord]'jig to the staffing needs, Under the direction;of the City's Comm tin Ih Development Director_ the Consultant Hill provide the range of expertise n ecessan- to cans out the nornnai functions of a professional plainer. All services provided by the Consultant shall be perfonned by iiidividuals N�h❑ meet tllt. qualifications_cduration. and certifications/licensing requirements for the professional Planning levels of Assistant to Senior Planner. Tlic Cih_ mill_ based an qualifications presented in the response to this RFP_ select the finrr(s) best able to provide planning senti ices for upcoming pn�ate and City initiated pm�ects. The successful inn shall also liar.c the resources to provide cost effective and tinicly scr►iecs to the CitN. Additionally. the City has an option to inter-viev, the selected finn7s candidate nh❑will prop ide On-Call Planning services 3.2 INTRODU:'TIQN The City of Aventura t--City ') Cornmunity Development Department ns requesting professional on-call 1painijig service:1)roposals from a g tin]ified fisin 0r team of c011sultaits to provide professional city planning services for the Comniunity Development Departnient. The City requests «ritteni responses to a Recluest for Proposal (RFP) for select on of on-call or as-needed punning sen ices associated w itb one or more proposed projects, including but not Iiniitcd to,general planning-related development and land use project review_ site Visit& public counter services. technical plan check for planning docurnenits and plans- recap review.conformance n ith Fedcral. State and local regulations.and general compliance n ith Cnh Standards_ Ordinances_and Rego:cations. To control costs and provide a. high level of professional services to all City departments and the community,the City believes the interests of the community can be best served by using a private finn for additional City Planning services- It is expected that such a finn ►%ould be able to contract available resources in response to work flow demands. Work space hill be provided at die Aventura Govemment Center For the Contract Planner. Tlrc selected consultant is expected to be contracted for two years with an option of an automatie tiro-scar extension based on workload needs. Page 29 19200 West Country Club Drive 9 Aventura,FL 33180 • 305-466-8900 • cityofaventura.com EXHIBIT"A" TO CONTRACT � r== CITY OF AVENTUR-A F i I IC;Irig C011S1lllaflt SENICeS Request for Proposal �t idG` RFP#21-09-07-3 3.3 BACKGROI]ND The Cit►•of A►entura is located in the northeast comer of Miami-Dade County and is approximatel► 3.2 square: miles in size and has a diverse population of over 38,000, The Cit► is located on the Intracoastal Wateii► a► in Northeast Miami-Dade County and is con►'enientl► located beween Miami vid Fart Lauderdale just east of 1-93, The northern bounden of the Cite is the Miami-Dade/Bro►►ard ('OLInt\ line- the ►►estem is the FEC Railroad- the eastern is the Intracoastal %eaten' and the southern boundary is NE 176"' Street. The Cih- delivers a majority of its public scl-ices and Conlmunit► Development b% utilizing Firms employ 1rig sound business practices ►►ith an emphasis on excellence and effective customer ser-%•ice principles. 3.4 SERVICES SOUGHT In general,the successful individual or finn will be expected to provide on-call planning sore iccs for all types of projects requesting entitlements- including but not limited to ne►► multi-family residential. commercial.. and mixed-use developments. The on-call planning services that a successful applicant►►ould provide include, but arc not limited to the ability to perform the follo►►ing: A. Be present in the Comiytunit► Development Department and hold regular office hours as agreed upon by staff and Consultant- B. Develops and maintains gaud narking relationships with other cih departments and the development commmunit . C. Analvzcs projects for compliance pith the City•-s Comprehensive Plan and Land Development Regulations,applicable specific plans. and other policies. D Coordinates the rcvin4 and processing of applications for site plans, cunditional uses, and variances. Assists the Zoning Technician and Code Compliance Officer as needed ►►itli sign permits. certificates of use. zoning certificates. and ans►aering public inquiries regarding zoning or application submittal rcquirements. Assists the Director of Cammunit► Development as needed ►►ith Comprehensive Plan Amendments. Future Land Use Mal) Amendments. Amcndnlents to the Land Development Regulations.and Zoning map changes. E. Assists►►ith the preparation of the City's Evaluation and Appraisal Report. F. Nlects with developers. engineers_ property onners- contractors and other individuals to discuss, advise, explain processes and suggest improvements regarding potential projects, pro-applications, development applications, conceptual development plans and code interpretation, G. Writes Local Planning Agency and City Commission staff reports- resolutions- ordinwices- and conditions of approval. The purpose of this request for proposal is to establish the most effective-efficient.and innovative methods of providing the highest quality services to the Cite. Page 30 19200 West Country Club Drive 9 Aventura,FL 33180 • 305-466-8900 • cityofaventuraxorn CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: September 29, 2023 SUBJECT: Approval of a Resolution Authorizing Miami-Dade County Collector and Property Appraiser to Collect the Non-Ad Valorem Stormwater Assessments October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached resolution authorizing the collection of Non-Ad Valorem Stormwater Assessments through Miami-Dade County via the property tax bills using the uniform method of collection. BACKGROUND The Stormwater Assessments are currently being collected from a third-party billing monthly collection. The City utilizes North Miami Beach Utilities and Miami-Dade County Water and Sewer Utilities to collect the stormwater fees on the water monthly billing cycle. The current method of collection is based on water service being active on metered properties received monthly. By moving to Miami-Dade County's Tax Collector and Property Appraiser, using the uniform method of collection, placing the Non-Ad Valorem Assessments for Stormwater on the property tax bill, the City would receive the assessments in a timely manner. In addition, the fee from the tax office is 2% to collect versus 5% from the third-party billing which would be an approximate savings to the City of $45,000 annually. FISCAL IMPACT No fiscal impact. If you have any questions, please feel free to contact me. Attachment CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PURSUANT TO SECTION 197.3632, OF THE FLORIDA STATUTES, PROVIDING FOR A UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR STORMATER SERVICES, AUTHORIZING ENTERING INTO AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO PLACE THE CITY'S PROPOSED NON-AD VALOREM ASSESSMENTS ON THE COUNTY TAX BILL; PROVIDING FOR THE TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 197.3632, Florida Statutes, provides for a uniform method of collecting non-ad valorem assessments; and WHEREAS, The City of Aventura has determined that it is in the best interest of the City to collect the assessments, as referenced in Section 30-94 and Section 30-95 of the City of Aventura Code of Ordinances, for the cost of providing stormwater services, including capital improvement project funding within the Stormwater Department, by using the uniform method of collecting such non-ad valorem assessments; and WHEREAS, It is in the best interest of the City to enter into a written agreement with the Miami-Dade County Tax Collector and Property Appraiser governing the uniform method of collecting such assessments; and WHEREAS, In compliance with Section 197.3632 Florida Statutes, the City has duly published its intent to use the uniform method for collection of such assessments in a newspaper of general circulation for four consecutive weeks preceding the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City hereby confirms that the levy of the non-ad valorem assessments is needed to fund the cost of providing the stormwater services within the City. Section 2. That the City intends to use the uniform method for collection of non- ad valorem assessments authorized in Section 197.3632, Florida Statutes, commencing with the November 2024 tax bill, for the collection of assessments for stormwater services to residential and commercial properties located within the City of Aventura, the legal description of which is attached to this Resolution as Exhibit "A". City of Aventura Resolution No. 2023- Section 3. That the City Manager is authorized to execute an Intergovernmental Cooperation Agreement, subject to review and approval of the City Attorney, between Miami-Dade County and the City of Aventura, such Agreement to outline the responsibilities of the City and the responsibilities of the County. Section 4. That the City Clerk is hereby directed to send or transmit certified copies of this Resolution to the Miami-Dade County Property Appraiser, Miami-Dade County Tax Collector and the Florida Department of Revenue prior to January 1, 2024. Section 5. This Resolution shall take effect immediately upon its adoption by the City Commission. 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 Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this 3rd day of October, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 Exhibit "A" Geographic Boundaries of Assessed Area All residential and commercial properties within the territorial boundaries of the municipality of the City of Aventura, in the County of Miami-Dade County and the State of Florida, described as follows: BEGIN at the intersection of the centerline of the Florida East Coast Railway Company's (FEC) one hundred (100) foot wide right-of-way (R/W) with the North line of Section 34, Township 51 South, Range 42 East, also being the North county line of Dade County, Florida; thence run Easterly, along the North line of said Section 34, to the Northeast corner of said Section 34; thence run Southerly, along the West line of Section 35, Township 51 South, Range 42 East, for 230 feet, more or less, to the point of intersection with the South line of the North 230 feet of said Section 35; thence run Easterly, along the South line of the North 230 feet of said Section 35, to the point of intersection with the centerline of the Intracoastal Waterway, the previous three courses being along the said North county line; thence run Southerly and Southwesterly, along the centerline of the Intracoastal Waterway, through Dumfoundling Bay, to the point of intersection with the Easterly extension of the North line of the SE '/4 of Section 10, Township 52 South, Range 42 East; thence run Westerly, along the Easterly extension of the North line of the SE '/4 of said Section 10, to the Northeast corner of the SE '/4 of said Section 10; thence continue Westerly, along the North line of the SE '/4 of said Section 10, to the center of said Section 10; thence continue Westerly, along the North line of the SW '/4 of said Section 10, for 200 feet, more or less, thence run in a Southwesterly direction to a point of intersection with the West line of the SW '/4 of said Section 10 and being 400 feet, more or less, North of the Southwest corner of said Section 10; thence run Northerly, along the West line of the SW '/4 of said Section 10, to the Northeast corner of the SE '/4 of Section 9, Township 52 South, Range 42 East; thence run Westerly, along the North line of the SE '/4 of said Section 9, to the most Easterly corner of Tract "A" of"THAYER TRACT," according to the plat thereof recorded in Plat Book 100 at Page 99 of the Public Records of Dade County, Florida; thence run Northwesterly, along the Northeasterly line of said Tract "A," to the most Northerly corner of said Tract "A"; thence run Southwesterly, along the Northwesterly line of said Tract 'A" to the Southwest corner of said Tract "A" and a point on the North line of the SE '/4 of said Section 9; thence run Westerly, along the North line of the SE '/4 of said Section 9, to the point of intersection with the centerline of the one hundred (100) foot wide FEC R/W, the previous eight courses being along the city limit line of the City of North Miami Beach; thence run Northeasterly and Northerly, along the said centerline of the one hundred (100) foot wide FEC R/W, to the point of intersection with the North county line and the POINT OF BEGINNING. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C-- BY: Keven R. Klopp, Community Development Director DATE: September 29, 2023 SUBJECT: Request by Treats Spirits LLC for Conditional Use Approval to Allow the Sale and Service of Alcoholic Beverages at the Indoor Cocktail Bar/Lounge in Space FH7 of the Food Court in Aventura Mall, located at 19565 Biscayne Boulevard, City of Aventura (CUP2308-0002) October 3, 2023 Local Planning Agency Meeting Agenda October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the above-described Conditional Use application to allow sale and service of alcoholic beverages at the indoor cocktail bar/lounge on space FH7 of the Food Court in Aventura Mall, located at 19565 Biscayne Boulevard, City of Aventura, subject to the following conditions- 1. This approval shall be granted exclusively to Treats Spirits established within the Food Court of Aventura Mall. The approval may not be transferred to any other location. 2. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the premises. 3. The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 5. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure that no sales are made to underage customers or to customers who may have been over-served at other establishments. 6. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. THE REQUEST The Applicant, Treats Spirits, LLC, is requesting conditional use approval to sell and serve alcoholic beverages at the indoor cocktail bar/lounge located in space FH7 of the Food Court in Aventura Mall, City of Aventura, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Sections 4-2(a) and (b) of the City Code (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Aventura Mall Venture Lessor Turnberry Associates Aventura Mall Expansion Venture Lessee APPLICANT Treats Spirits LLC ADDRESS OF PROPERTY 19565 Biscayne Boulevard, FH7 Aventura, FL 33180-2342 (See Exhibit #2 for Location Map). LEGAL DESCRIPTION A Portion of Tract"Q", Aventura 6t"Addition Plat Book 120, Page 20 of the Public Records of Miami Dade County (See Exhibit #3 for complete legal description). Zoning — Subject Property B2 Community Business Properties to the North B2 Community Business CF Community Facilities Properties to the South B2 Community Business CF Community Facilities TC1 Town Center Properties to the East B2 Community Business RMF4 Multifamily High Density Residential Properties to the West B2 Community Business Existing Land Use — Subject Property Regional Mall Properties to the North Library and Fire Station Properties to the South Regional Mall and Office Properties to the East Retail, Office and Residential Properties to the West Retail and Office Future Land Use — Subject Property Business and Office Properties to the North Business and Office Properties to the South Business and Office 2 Town Center Properties to the East Business and Office Medium High Density Residential Properties to the West Business and Office The Site — Treats Spirits will be located in space FH7 on the third level of the Aventura Mall expansion wing, as shown in Exhibit #4. The Project — Treats Spirits will be established in space FH7 on the third level of the Aventura Mall expansion wing. Tenant space FH7, previously occupied by Yip Restaurant, comprises 505 square feet of indoor space and surrounding seating areas as shown on Exhibit #4. Sales and services of alcoholic beverages is proposed at the tables and at the bar within this area. Lounges are permitted uses in the B2 Community Business district. ANALYSIS Sales and service of alcoholic beverages of alcohol at indoor bar/lounge areas requires conditional use approval due to the distance and spacing requirements of Chapter 4 of the City Code as detailed in the "Community Development Department Analysis" below. Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Community Development Department Analysis—Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that, unless first approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school. Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement; however, conditional use approval is required for Treats Spirits because the venue is not an accessory use to a restaurant that serves full course meals and occupies more than 2,500 square feet of indoor space. Moreover, the premises are located less than 1,500 from existing businesses having liquor licenses and not exempt from spacing requirements. NOTICE OF PUBLIC HEARING 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 1W ROSENTHAL ROSENTHAL -RASCO- A T T O R N E Y S AT L A W August 28, 2023 Mr. Keven Klopp Community Development Director 19200 West Country Club Drive Aventura, FL 33180 Re: Letter of Intent to Request Conditional Use Approval on behalf of Treats Spirits LLC for the sale and service of Alcoholic Beverages at Space FH7, Level 3, located in the Aventura Mall Food Court Dear Mr. Klopp: In connection with the captioned, please be advised that I represent Treats Spirits LLC ("Treats") who seeks to secure Conditional Use Approval ("CUA") to allow for the sale and service of Alcoholic Beverages at Unit FH7 located at the Level 3 Food Court in the Aventura Mall. In that regard it is the intent of Treats to utilize a 4-COP Quota License ("Quota License") issued by the State of Florida to operate their facility. The 4-COP Quota License, which Treats intends to utilize at its premises, is not required by the State to meet any food service requirements in order to sell alcoholic beverages. With regard to the structure that will house Treats' new operation at the FH7 site, it is Treats' intention to demolish the existing dated facility and in its place construct a new magnificent designer structure which will transform the Level 3 Food Court into the present, and yes even into the future, as evidenced by the renderings attached to the application for Conditional Use Approval, which renderings are the result of months of preparation by the "Treats Team", who anxiously await this project coming to fruition. Further, it is Treats intention to operate this new and exciting facility in an upscale manner and have as its clientele, the shoppers at the Mall seeking a cocktail at the end of the day, as well as the owners and operators of the prestigious stores in the Mall, who will have a place to unwind after a stressful day. Treats also contemplates that these patrons enjoying their meals at restaurants not serving alcoholic beverages will visit Treats for an after dinner drink. Please keep in mind that Treats will not be serving full course meals, and certainly will not have a kitchen, and therefore will not be in competition with any of the restaurants in the Mall. This was one of the other considerations contemplated when Treats elected to incur the additional expense of acquiring a Quota License as opposed to a Special Food Service License, which as previously provided herein is issued by the State at a promulgated rate set by the State. [W0635173.11 One Aventura,20900 N.E. 301 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305,937.1311 Mr. Keven Klopp 2 August 28, 2023 After meeting with the City Manager, Ron Wasson, and the Director of Development, Keven Klopp, it is our belief that both believe that this Project is an appropriate addition to the Mall's Food Court and would recommend the approval by the Aventura City Commission of Treats' request for a CUA. In addition they are both aware of my client's capabilities, their prior business successes, and their intention to build a first rate facility that the City and the Commissioners will be proud of and will hopefully visit often. Finally,it has recently come to my attention that the City Commission has passed Resolution 2023- 20, (the "Resolution") which allows for the sale of Alcoholic Beverages at a cocktail lounge/bar area within the Food Hall at 2777 N. F. 185t" Street, Aventura. This concept,which approved the sale of alcoholic beverages at the Food Hall, is similar to this request, but differs in its application and design. At the end of the day, however, the Resolution allows any restaurant in the Food Hall to sell/serve alcoholic beverages if a restaurant is open and serving food. Predicated on the foregoing I would respectfully request that this matter be placed on the September 21, 2023 Commission Workshop Agenda in order to bring this request to the attention of the City Commission, and thereafter to the City Commission at their next meeting, or any Commission Meeting acceptable to the City. Thank you for your consideration. Respectfully, ROSENTHAL E U O LLC BY A AL ASR:cw j W063S 171_1; Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 30"Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 Yj RZ�, JL V ROSENTHAL ROSENTHAL -RASCO A T T O R N E Y S AT L A W August 28, 2023 Mr. Keven Klopp Community Development Director CITY OF AVENTURA 19"00 West Country Club Drive Aventura, FL 33180 Re: Treats Spirits LLC/City of Aventura/Conditional Use Approval Dear Keven: Itr connection with the referenced development,provided with this letter are the following required tlocnrnents, to-wit: 1. Letter of Intent (original and one copy). 2. Public Hearing Application For Conditional Use Approval (original and one copy). 3. My client's check in the amount of Five Thousand ($5,000.00) Dollars representing the filing and hearing fee for the Application. q. My client's check in the amount of One Thousand ($1,000.00) Dollars representing the advertising fee. 5. Twelve copies of the Rendering. In the event you have any question with regard to the enclosed documentation please contact me. Warmest personal regards. Sincerely, ROSENTIIAL ROSENTHAL RASCO LLC Dictated by Alan S. Rosenthal and delivered without signature to BY—ex p e.d4-te-A-el-i-vPry ALAN S. ROSENTHAL 'SR:.w Enclosures One Aventura,20900 N.E. 30"Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.037.1311 City of Aventura EXHIBIT #2 Location Map sw 1 st st SW 2nd St I o Hallandale �P�rsle5o` Gulfstream Park Golden Isles < Al A Sun Swept Holiday Dr — — — — Isles 1 1 1 NE 213th St z 1 1 m 1 1 p 1 1 3 1 LO 1 , Aventura < 1 ro 1 a 1 � > 1 1 a� m Highland Oaks N Countr, 1 m c Park 1 Y Club Dr 1 1 � v 1 v 1 1 0 O 1 1 l� z 1 1 m 1 iv 1 1 < i N�199th St ff � Don Soer / 1 Exercise Trail / 1 Golden Beach Aventura Mall Aventura / 1 / 1 Lehman cswY ' iW il\lam / 1 � z 1 NE 190th / m m v / NE 186th St / I / NE 183rd St / Greynolds Park / 1P / Point EastO / 2 Park / rse !/ �~'NE 17 7ST St NE 170th St m NE 169th St v W i Mdule Sunny Isles ° 1 �tclke Beach li, Intracoastal Mall 826 Atlantic' NE 163rd 9/25/2023 1 0.55 1 0 0.28 0.55 1.1 mi hil Municipal Zone - B2 Community Business District 0 0.42 0.85 1.7 km ............ Subject Property ---I Aventura Municipal Boundary Sources:Esri,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson,NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat,GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Garmin,FAO, NOAA,USGS,©OpenStreetMap contributors,and the GIS User Community EXHIBIT 3 LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.21FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY-NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R&Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5 1 , m__ x = w - h y = i ,b 15 ® ill �7 CN CY) I lii I I;3 - �I ------.I ._.-._.------------------ -- ----- - -- i LO I J 4 v. i ' p I �,s,•a,� .�,..�.. � dV+ IAA I 1� 1 r Milli 41. i - III r,. r i � I f 4 LAI CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT THE INDOOR COCKTAIL/BAR LOUNGE AREA ON SPACE FH7 OF THE TREATS FOOD COURT IN THE AVENTURA MALL, LOCATED AT 19565 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 19565 Biscayne Boulevard, Space F1-17, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the Applicant, Treats Spirits, LLC, through Application No. CUP2308- 0002 ("Applicant"), is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge/bar area established in Space FH7 of the third level of the Aventura Mall located at 19565 Biscayne Boulevard, City of Aventura (the "lounge/bar"); and WHEREAS, following proper notice, the City Commission held a quasi-judicial public hearing as provided by law to review the Application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Application for Conditional Use approval to allow the sale and service of alcoholic beverages at the cocktail lounge/bar established in Space FH7 of the Treats Food Court in Aventura Mall, located at 19565 Biscayne Boulevard, legally described in "Exhibit A" to this resolution, is hereby granted subject to the following conditions: 1. This approval shall be granted exclusively to Treats Spirits established within the Food Court of Aventura Mall and may not be transferred to any other location. 2. Customers will not be permitted to remove an individual serving of alcoholic beverage nor any open alcoholic beverage container from the premises. 3. The Applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. City of Aventura Resolution No. 2023- 4. The Applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 5. The Applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure that no sales are made to underage customers or to customers who may have been over-served at other establishments. 6. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Resolution No. 2023- PASSED AND ADOPTED this 3rd day of October, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.21FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY-NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R&Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: September 29, 2023 SUBJECT: Request for Release from the Declaration of Restrictive Covenant Requirement Set Forth in Ordinance No. 2013-02 June 6, 2023 City Commission Meeting Agenda (Deferred) October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the request for release from the declaration of restrictive covenant requirement set forth in Ordinance No. 2013-02 to facilitate the residential development known as Aventura Harbor on land located at 20605 NE 34 Street. THE REQUEST The applicant, Alan S. Rosenthal, Esq., on behalf of Aventura Harbor Property LLC, is requesting release from the restrictions posed by the Declaration of Restrictive Covenant set forth by Ordinance No. 2013-02, intended to restrict the allowed density of a parcel of land located at 20605 NE 34 Avenue (the "Property") to no more than five (5) residential dwelling units, in order to facilitate the development of 22 residential units in a LEED Gold certified building. See Exhibit #1 Letter of Intent. BACKGROUND OWNER OF PROPERTY Aventura Harbor Property LLC APPLICANT Alan S. Rosenthal, Esq. Rosenthal, Rosenthal, Rasco ADDRESS OF PROPERTY 20605 NE 34 Street (See Exhibit#2 for Location Map) SIZE OF PROPERTY Approximately 0.51 acres (5.86 acres including submerged lands). LEGAL DESCRIPTION Aventura Villas PB 168-067 T-23010 TR A (see Exhibit #3 for complete legal description) The Site -The existing site consists of a vacant upland parcel of approximately 0.51 acres and submerged lands of approximately 5.35 acres. The upland is situated on the northeast intersection of N. Country Club Drive and NE 34 Avenue; to the east there is a surface parking lot serving the Ensenada Condominium residential tower and a marina exists to the north. The submerged land is situated to the northeast of the previously mentioned marina and parking lot, and to the south of NE 207 Street. The Project - The applicant has applied for Administrative Site Plan Review Approval (ASPA) for the construction of a 106,912 square foot, 15-story, LEED Gold certified building. Additionally, the applicant is proposing 1,350 feet of floating boat docks for the exclusive use of the building's residents and a sailing school and/or dock for a City of Aventura Police Boat to the east end of the docks to be operated by the City of Aventura. A rendering of the proposed building is attached as Exhibit #4. Concurrent with this request, the applicant has requested variance from height under Application No. VAR2305-0001 and conditional use approval for increased floor area ratio under Application No. CUP2305-0002. The Administrative Site Plan Approval Application No. SP2305-0001 is currently under review by City staff together with variances for reduced setbacks and driveway dimensions to be reviewed administratively under the ASPA process pursuant to Section 14-115(I)(iv) of the Green Building Program. The request for release from the 5-unit restriction will facilitate the construction of a residential building of 22 residential units. The property is zoned Multifamily Medium Density Residential (RMF3A). Site development standards for this district allow densities of up to 45 dwelling units per acre, allowing a density of 22 dwelling units on the 0.51- acre Property. The proposed density is consistent with the allowed density and character of the immediate neighborhood. For this reason, it is recommended that the release from the restrictions posed by the declaration of restrictive covenant set forth in Ordinance No. 2013-02 be granted. 2 EXHIBIT#1 TVj I M11: - r" ROSENTHAL ROSENTHAL RASCO- May 1,2023 ATTORNEYS AT LAW Mr. Keven Klopp Community Development Director 19200 West Country Club Drive Aventura, FL 33180 Letter of I me nt Re: Aventura Harbor Public Hearing Application For Conditional Use Approval Dear Mr. Klopp The Applicant, Alan S Rosenthal, Esq., represents Aventura 34t"Av, LLC and GPuertoazul LLC, the current owners of the property described in the Survey contained in the Plans submitted herewith. The Survey (three pages) covers the upland property where the proposed Development is to be constructed and the canal property, which shall contain the docks. Attached to this Letter of Intent is an Opinion of Title covering the Surveyed Property. Before providing you with the details of this proposed Development ("Aventura Harbor") I believe it important for you to know some of the history of this undeveloped property which the previous owners, and for the past 12 years my clients, who have tried to develop the property without success. In that regard there were one or two Developments that were approved by the City Commission, the last one being my clients' Development, which was a five story condominium building containing one condominium unit on each floor and five boat docks on the north side of the canal property. To accommodate that approved Development the upland property was rezoned from RMF-3 to RMF-3A. Unfortunately due to the cost required to build and the cost of the land the units were not salable at a price anyone was willing to pay. As a result the only use of the Property that was ever a reality was a Passive Park called the"GEORGE BERLIN PARK"which ceased to exist when the owners started to market the approved Development. Several years ago,and after the approved developments failures,the current owners approached me with what they thought would be a viable Development that would be acceptable to the City,and at a cost that would be acceptable to prospective purchasers.Over the years that followed there were many proposed Development plans that were presented to Joanne Carr,the previous Development Director,then to you, and to the City Manager for your review and opinions, none of which were "HOMERUNS". Finally my clients retained a well-known design group who scaled down the previous proposals that contained greater density and height to a Development of 22 condominium units in a 15 story building 192 feet high with a dock for each unit and a Passive Park for Aventura residents. After you and the Manager apparently liked what you saw you agreed to allow this new Development(hereinafter known as"Aventura Harbor") to be placed on a City Commission Workshop agenda. Notwithstanding the foregoing, I had the feeling that the Key West designed building being proposed was not what you or the Manager really wanted for One Aventura,20900 N.E.30'Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 q the design of the building, whereupon the proposed purchasers of the upland and canal property "VYV Investment, LLC retained a well-known architect, Kobi Karp,to redesign the building which finally hit the "HOMERUN" we were looking for in an exciting and Magnificent Modern Innovative Building! It was at this juncture that we appeared before the City Commission at one of its workshops where the proposed Development was reviewed and well accepted with some caveats that I believe have been addressed by Kobi Karp in the plans submitted with this Letter of Intent! With regard to the contemplated construction of Aventura Harbor, a Conditional Use Approval must be secured from the City Commission to allow for an FAR of 4.85. It is respectfully submitted that Aventura Harbor is a unique and unusual project as it is a low density project of only 22 Condominium Units, but incorporated in the project are 1,350 feet of Floating Boat Docks on a private canal. The canal contains a dedicated Easement that provides access for boaters wishing to enter or exit the Canal, which Canal runs from the Intercoastal waterway West to Northeast 341h Avenue, and is South of N. E. 2071h Street. I am pleased to advise that the proposed construction of Aventura Harbor will be LEED Gold and that the FAR has been determined to be 4.85. It is respectfully suggested that Aventura Harbor will be a positive use of the property described in the Survey located on the first three pages of the Plans submitted with this Application and will benefit the City its residents and those who wish to use its Passive Park! I believe it is important to note that there are no parking variances requested as this Development plan provides for 92 parking spaces (inclusive of 24 lifts, 2 handicap spaces, and 5 guest spaces) where 49 spaces (inclusive of 44 parking spaces, 3 guest spaces, and 2 handicap spaces) are required by Code. In addition the Traffic Engineer retained by my clients has provided their Traffic Study to the City for its review,and the review of the City's Traffic Engineer.The Report submitted provides that this Development will generate a total of six and seven net trips during the AM and PM peak hours respectively.The studied intersection of NE 34th Avenue and North Country Club Drive is currently operating at acceptable LOS D or better and will continue to do so with the new traffic generated by this Development. Further that sufficient roadway capacity exists to support the subject Development nor will this new Development increase the LOS beyond the acceptable threshold. Basically the Traffic Study shows the traffic generated by this Development will not adversely affect the subject intersection. Finally with respect to the usage of the docks,each dock will be owned by one of the unit owners and will be solely for their own exclusive use only.The docks may not be utilized by any boats except those owned by the unit owners and unit owners will not be authorized to lease or rent their docks. Docks will not be able to be sold without the purchaser of the dock purchasing the unit in the building that owns the dock and units in the building cannot be sold without the dock being sold contemporaneously with the unit. Unit owners may not enter into any commercial venture wherein the docks are utilized contrary to the foregoing or attempt to circumvent the foregoing regulations pertaining to the docks in any fashion. The sailing school that that may be developed at the East End of the docks being constructed at Aventura Harbor shall be for children under the age of 18 years and will be operated by the City of Aventura or its duly authorized agent. In that regard storage racks may be constructed on the docks allocated for sailing school storage of not more than 12 small sailboats(dinghys) utilized in connection with the sailing school. The sailing school dock spaces will be leased to the City by the Condominium Association or the owners, as the case may be. The rent paid by the City to the Condominium Association or the Owner shall be$10 t W0626788.11 2 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 301 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300 I Fax: 305.937.1311 per year payable in advance and subject to the terms and conditions of a lease acceptable to the City and to the owner or the Condominium Association. Based upon the foregoing it is respectfully suggested that the Conditional Use requested herein in order to develop Aventura Harbor should be unanimously approved by the Commission as it has no deleterious effect on the City,the City's residents or those living nearby. To the contrary Aventura Harbor will in fact be highly beneficial to the City and its residents, including the children who will benefit from learning how to sail, and those residents who walk through the Passive Park provided and maintained for Aventura residents to venture into. Respectfully submitted,.,, . = ~ ROSENTHAL Q T' ,1 R By -' :. ALAN OEN�I-EAL— ASR:cw Enclosures {W0626788.11 3 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E.30'b Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 City of Aventura EXHIBIT#2 5 858 SW 1 st St SW 2nd St c i " Halldndale NIs/es 01 � G u I fstrea m � s i Park Golden Isles D ke A1A s � 1 D I i Sun Swept Holiday Dr 1—————- -County Line-Rd Isles ----1`—t��=vs_----L=�=�=�_�=�=� ! 1 �j NE 213th St I � z I 1 m , w 1 > 1 1 Aventura 1 v a Highland Oaks I N Co t. Park 1 oO Club Dr L 1 I w O 2 , 1 0 I 1 � 1 1 NE 203rd St 1 1 z 1 1 m , 1 1 1 St 1 1 / NE 199th St f0 1 Don Soffer / 1 Exercise Trail I , Tu rn berry Isle I E 197th Ter 1 Golf Course I/ Golden Beach 1 Aventura Mall Aventura / , 1 1 / � Rehm an CswY � 1 I 1 / 1 / 1 I I NE 190th St / z , / > I I d ¢ D NE 186th St / I I m / / I I NE 783rd St / I / / I / I I I Greynolds Park s �I I St / 'c",Eas t V1 I 2 Greynolds Park Golf Course ' ♦� _—/ > m �—�-, ♦� � NE 171 st St i NE 170th St .o I ♦ u y I i NE 169th St z , � 1 m I i m Sunny Isles rth Miami I naoule ♦Loke w Beach Beach ' a ♦ 5 D 1 I N Intracoastal NE 168th St Mall NE 167th St 826 t Glades Dr NE / 164th St "z antic Isle NE 1631d St NE 161 st St r 7P 3 w P h Ter o -1 909 Oleta River 5/25/2023 ..._.._.._. Property Boundary 1:24,633 0 0.25 0.5 1 mi Municipal Zone-RMF3A Municipal Zone-CNS 0 0.4 0.8 1.6 km r———I Sources:Esri,Airbus IDS,USGS,NGA,NASA,CGIAR,N Aventura Municipal Boundary O Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen,jkswaterstaa Rit, GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Gannon,FAO, EXHIBIT#3 LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) IS A - OY �Y `it (ti �(�� a l._ N t�' �� • _ 14T },r AAIL 41. fr lIII� �! _ i i - r � IE- N CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RELEASING THE DECLARATION OF RESTRICTIVE COVENANT REQUIREMENT SET FORTH IN ORDINANCE NO. 2013-02 INTENDED TO RESTRICT THE ALLOWED DENSITY ON A PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE IN THE CITY OF AVENTURA TO NO MORE THAN FIVE (5) RESIDENTIAL DWELLING UNITS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, Rosenthal Rosenthal Rasco LLC, on behalf of Aventura Harbor Property LLC, ("Applicant") is requesting release from the Declaration of Restrictive Covenant requirement set forth in Ordinance No. 2013-02 intended to restrict the allowed density on a parcel of land located at 20605 NE 34 Avenue (the "Property") in the City of Aventura to no more than five (5) residential dwelling units; and WHEREAS, the Property is zoned RMF3A, Multifamily Medium Density Residential District, which allows densities of 45 dwelling units per acre; and WHEREAS, the Property consists of 0.51 acres of land and is allowed to build 22 dwelling units under the City's Land Development Regulations; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the request meets the criteria of the applicable codes and ordinances and it is in the best interest of the City to release the Applicant from the Declaration of Restrictive Covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The request for release from the Declaration of Restrictive Covenant requirement set forth in Ordinance No. 2013-02 intended to restrict the allowed density to no more than five (5) residential dwelling units, on property legally described in Exhibit "A", is hereby granted. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. City of Aventura Resolution No. 2023- Section 3. The issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this 3rd day of October, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 3 City of Aventura Resolution No. 2023- This Resolution was filed in the Office of the City Clerk this day of 2023. CITY CLERK Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven Klopp, Community Development Director DATE: September 29, 2023 SUBJECT: Request for Conditional Use Approval for a Project Proposed at 20605 NE 34 Street (the "Property") Aventura Harbor— File No. CUP2305-0002 June 6, 2023 City Commission Meeting Agenda (Deferred) October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request to facilitate the residential development known as Aventura Harbor on land located at 20605 NE 34 Street. THE REQUEST The Applicant, Alan S. Rosenthal, Esq., on behalf of Aventura Harbor Property LLC, is requesting Conditional Use approval pursuant to Section 31-143(e)(2a)c of the Land Development Regulations (LDRs)to permit a floor area ratio (FAR) of 4.8 where the LDRs permit a maximum floor area ratio of 1.5, for the development of a residential building to be constructed pursuant to the City's Green Building Program, Chapter 14, Article VI of the LDRs. (See Exhibit#1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Harbor Property LLC APPLICANT Alan S. Rosenthal, Esq. Rosenthal, Rosenthal, Rasco ADDRESS OF PROPERTY 20605 NE 34 Street (See Exhibit#2 for Location Map) SIZE OF PROPERTY Approximately 0.51 acres (5.86 acres including submerged lands). LEGAL DESCRIPTION Aventura Villas PB 168-067 T-23010 TR A (see Exhibit #3 for complete legal description) Zoning — Subject Property: RMF3A - Multifamily Medium Density Residential Properties to the North: CNS - Conservation Properties to the South: ROS - Recreation Open Space Properties to the East: RMF4 - Multifamily High Density Residential Properties to the West: RMF4 - Multifamily High-Density Residential Existing Land Use — Subject Property: Vacant Land Properties to the North: Marina Properties to the South: Recreational Properties to the East: Residential Condominium Properties to the West: Residential Condominium Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Medium-High Density Residential Property to the North: Water Property to the South: Parks and Recreation Property to the East: Medium-High Density Residential Property to the West: Medium-High Density Residential The Site — The existing site consists of a vacant upland parcel of approximately 0.51 acres and submerged lands of approximately 5.35 acres. The upland is situated on the northeast intersection of N. Country Club Drive and NE 34 Avenue; to the east there's a surface parking lot serving Ensenada Condominium residential tower and there's a marina to the north. The submerged land is situated to the northeast of the previously mentioned marina and parking lot and to the south of NE 207 Street. The Project - The Applicant has applied for Administrative Site Plan Review Approval (ASPA) for the construction of a 106,912 square foot, 15-story, LEED Gold certified building. In addition, the Applicant is proposing 1,350 feet of floating boat docks for the exclusive uses of the building's residents and a public pedestrian walkway. The "Green Paseo" promenade extends along the east and north sides of the building and continues along the walkway leading to the docks. The Applicant has requested conditional use approval pursuant to Section 31-143(e)(2a)c of the Land Development Regulations (LDRs) to permit a floor area ratio (FAR) of 4.8 where the LDRs permit a maximum floor 2 area ratio of 1.5 on a seven-story building. A rendering of the proposed building is attached as Exhibit #4. The Administrative Site Plan Approval Application No. SP2305-0001 is currently under review by City staff together with variances for reduced setbacks and driveway dimensions to be reviewed administratively under the ASPA process pursuant to Section 14-115(I)(iv) of the Green Building Program. Other than the Conditional Use requested, the Applicant is requesting a variance to allow a height of 15 stories when a maximum of 7 stories is allowed by Code under application No. VAR2305-0001. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Medium-High Density Residential. Citizen Comments — The Community Development Department has received a few citizen comments in opposition to the proposal. Notice of the public hearing has been advertised in a newspaper of general circulation and mailed to all property owners within a 300-foot radius of the site not less than 10 days prior to the hearing. A public notice sign has been posted on the site no later than 10 days prior to the hearing. Community Development Department Analysis-The development parcel is located in the Multifamily Medium Density Residential (RMF3A) zoning district. Multi-family residential buildings are permitted uses in the RMF3A zone. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Medium-High Density Residential. The Medium-High Density Residential future land use category allows a range of densities from 25 to 60 dwelling units per gross acre. The project is proposing a density of 43 dwelling units per acre. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. The uses proposed are the same uses that exist in the surrounding properties. 3 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood is comprised of high density multifamily residential buildings. The proposed development is consistent with the community character of the immediate neighborhood. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDRs. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. The proposed use will not change the current levels of service required. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Traffic studies show that the intersection of NE 34 Avenue and N Country Club Drive is currently operating at acceptable Level of Services and will continue to do so with the new traffic generated by this development. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The design of the proposed use minimizes adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. Green Building design elements will minimize adverse effects on the environment CONDITIONS OF APPROVAL Based on the Analysis above, the application is found to meet the criteria for approval of conditional uses in Section 31-73(c). Staff therefore recommends approval with the conditions contained in this staff report. 4 1. Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department on 09/26/2023 and under application No. SP2305-0001, unless otherwise subsequently amended by ASPA as follows: ■ Site Plan for Aventura Harbor, Sheet A2.02, prepared by Kobi Karp. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12-month approval period. 3. Prior to issuance of a building permit by the City for the proposed development, the applicant shall- (i) enter into and record in the Public Records of Miami-Dade County, at its expense, and in a form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction costs as approved by the City's Building Official to guarantee attainment of LEEDO Gold certification by the US Green Building Council. 4. Applicant agrees to allow public access to the walkway along the east and north sides of the building and the walkway leading to the docks, providing a view access to the marina for the public. This "Green Paseo" view corridor shall substantially comply with the design elements provided on Site Plan A2.02 prepared by Kobi Karp and submitted renderings. It shall remain open to the public during daylight hours without exception. Access may be restricted from dusk to dawn. 5. Developer shall provide security cameras on site as specified by, and for use by, the Aventura Police Department. Such cameras shall be installed and operational prior to the issuance of a certificate of occupancy of any type. 6. Floating boat docks shall be for the exclusive use of the building's residents; unit owners will not be authorized to lease or sell their docks. 7. Developer shall provide a 60' portion of the floating dock to the City of Aventura for use by Aventura Police Department Marine Patrol. 8. Developer shall contribute $500,000 to the City of Aventura to utilize toward capital expenses related to expanding its charter school system, operating expenses related to FreeBee, or to offset any other Commission-approved expense. This contribution is in addition to and not in lieu of the payment of impact fees. 5 DISCLAIMER AND CONDITION Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. 6 EXHIBIT#1 TVj I M11: - r" ROSENTHAL ROSENTHAL RASCO- May 1,2023 ATTORNEYS AT LAW Mr. Keven Klopp Community Development Director 19200 West Country Club Drive Aventura, FL 33180 Letter of I me nt Re: Aventura Harbor Public Hearing Application For Conditional Use Approval Dear Mr. Klopp The Applicant, Alan S Rosenthal, Esq., represents Aventura 34t"Av, LLC and GPuertoazul LLC, the current owners of the property described in the Survey contained in the Plans submitted herewith. The Survey (three pages) covers the upland property where the proposed Development is to be constructed and the canal property, which shall contain the docks. Attached to this Letter of Intent is an Opinion of Title covering the Surveyed Property. Before providing you with the details of this proposed Development ("Aventura Harbor") I believe it important for you to know some of the history of this undeveloped property which the previous owners, and for the past 12 years my clients, who have tried to develop the property without success. In that regard there were one or two Developments that were approved by the City Commission, the last one being my clients' Development, which was a five story condominium building containing one condominium unit on each floor and five boat docks on the north side of the canal property. To accommodate that approved Development the upland property was rezoned from RMF-3 to RMF-3A. Unfortunately due to the cost required to build and the cost of the land the units were not salable at a price anyone was willing to pay. As a result the only use of the Property that was ever a reality was a Passive Park called the"GEORGE BERLIN PARK"which ceased to exist when the owners started to market the approved Development. Several years ago,and after the approved developments failures,the current owners approached me with what they thought would be a viable Development that would be acceptable to the City,and at a cost that would be acceptable to prospective purchasers.Over the years that followed there were many proposed Development plans that were presented to Joanne Carr,the previous Development Director,then to you, and to the City Manager for your review and opinions, none of which were "HOMERUNS". Finally my clients retained a well-known design group who scaled down the previous proposals that contained greater density and height to a Development of 22 condominium units in a 15 story building 192 feet high with a dock for each unit and a Passive Park for Aventura residents. After you and the Manager apparently liked what you saw you agreed to allow this new Development(hereinafter known as"Aventura Harbor") to be placed on a City Commission Workshop agenda. Notwithstanding the foregoing, I had the feeling that the Key West designed building being proposed was not what you or the Manager really wanted for One Aventura,20900 N.E.30'Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 q the design of the building, whereupon the proposed purchasers of the upland and canal property "VYV Investment, LLC retained a well-known architect, Kobi Karp,to redesign the building which finally hit the "HOMERUN" we were looking for in an exciting and Magnificent Modern Innovative Building! It was at this juncture that we appeared before the City Commission at one of its workshops where the proposed Development was reviewed and well accepted with some caveats that I believe have been addressed by Kobi Karp in the plans submitted with this Letter of Intent! With regard to the contemplated construction of Aventura Harbor, a Conditional Use Approval must be secured from the City Commission to allow for an FAR of 4.85. It is respectfully submitted that Aventura Harbor is a unique and unusual project as it is a low density project of only 22 Condominium Units, but incorporated in the project are 1,350 feet of Floating Boat Docks on a private canal. The canal contains a dedicated Easement that provides access for boaters wishing to enter or exit the Canal, which Canal runs from the Intercoastal waterway West to Northeast 341h Avenue, and is South of N. E. 2071h Street. I am pleased to advise that the proposed construction of Aventura Harbor will be LEED Gold and that the FAR has been determined to be 4.85. It is respectfully suggested that Aventura Harbor will be a positive use of the property described in the Survey located on the first three pages of the Plans submitted with this Application and will benefit the City its residents and those who wish to use its Passive Park! I believe it is important to note that there are no parking variances requested as this Development plan provides for 92 parking spaces (inclusive of 24 lifts, 2 handicap spaces, and 5 guest spaces) where 49 spaces (inclusive of 44 parking spaces, 3 guest spaces, and 2 handicap spaces) are required by Code. In addition the Traffic Engineer retained by my clients has provided their Traffic Study to the City for its review,and the review of the City's Traffic Engineer.The Report submitted provides that this Development will generate a total of six and seven net trips during the AM and PM peak hours respectively.The studied intersection of NE 34th Avenue and North Country Club Drive is currently operating at acceptable LOS D or better and will continue to do so with the new traffic generated by this Development. Further that sufficient roadway capacity exists to support the subject Development nor will this new Development increase the LOS beyond the acceptable threshold. Basically the Traffic Study shows the traffic generated by this Development will not adversely affect the subject intersection. Finally with respect to the usage of the docks,each dock will be owned by one of the unit owners and will be solely for their own exclusive use only.The docks may not be utilized by any boats except those owned by the unit owners and unit owners will not be authorized to lease or rent their docks. Docks will not be able to be sold without the purchaser of the dock purchasing the unit in the building that owns the dock and units in the building cannot be sold without the dock being sold contemporaneously with the unit. Unit owners may not enter into any commercial venture wherein the docks are utilized contrary to the foregoing or attempt to circumvent the foregoing regulations pertaining to the docks in any fashion. The sailing school that that may be developed at the East End of the docks being constructed at Aventura Harbor shall be for children under the age of 18 years and will be operated by the City of Aventura or its duly authorized agent. In that regard storage racks may be constructed on the docks allocated for sailing school storage of not more than 12 small sailboats(dinghys) utilized in connection with the sailing school. The sailing school dock spaces will be leased to the City by the Condominium Association or the owners, as the case may be. The rent paid by the City to the Condominium Association or the Owner shall be$10 t W0626788.11 2 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 301 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300 I Fax: 305.937.1311 per year payable in advance and subject to the terms and conditions of a lease acceptable to the City and to the owner or the Condominium Association. Based upon the foregoing it is respectfully suggested that the Conditional Use requested herein in order to develop Aventura Harbor should be unanimously approved by the Commission as it has no deleterious effect on the City,the City's residents or those living nearby. To the contrary Aventura Harbor will in fact be highly beneficial to the City and its residents, including the children who will benefit from learning how to sail, and those residents who walk through the Passive Park provided and maintained for Aventura residents to venture into. Respectfully submitted,.,, . = ~ ROSENTHAL Q T' ,1 R By -' :. ALAN OEN�I-EAL— ASR:cw Enclosures {W0626788.11 3 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E.30'b Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 City of Aventura EXHIBIT#2 5 858 SW 1 st St SW 2nd St c i " Halldndale NIs/es 01 � G u I fstrea m � s i Park Golden Isles D ke A1A s � 1 D I i Sun Swept Holiday Dr 1—————- -County Line-Rd Isles ----1`—t��=vs_----L=�=�=�_�=�=� ! 1 �j NE 213th St I � z I 1 m , w 1 > 1 1 Aventura 1 v a Highland Oaks I N Co t. Park 1 oO Club Dr L 1 I w O 2 , 1 0 I 1 � 1 1 NE 203rd St 1 1 z 1 1 m , 1 1 1 St 1 1 / NE 199th St f0 1 Don Soffer / 1 Exercise Trail I , Tu rn berry Isle I E 197th Ter 1 Golf Course I/ Golden Beach 1 Aventura Mall Aventura / , 1 1 / � Rehm an CswY � 1 I 1 / 1 / 1 I I NE 190th St / z , / > I I d ¢ D NE 186th St / I I m / / I I NE 783rd St / I / / I / I I I Greynolds Park s �I I St / 'c",Eas t V1 I 2 Greynolds Park Golf Course ' ♦� _—/ > m �—�-, ♦� � NE 171 st St i NE 170th St .o I ♦ u y I i NE 169th St z , � 1 m I i m Sunny Isles rth Miami I naoule ♦Loke w Beach Beach ' a ♦ 5 D 1 I N Intracoastal NE 168th St Mall NE 167th St 826 t Glades Dr NE / 164th St "z antic Isle NE 1631d St NE 161 st St r 7P 3 w P h Ter o -1 909 Oleta River 5/25/2023 ..._.._.._. Property Boundary 1:24,633 0 0.25 0.5 1 mi Municipal Zone-RMF3A Municipal Zone-CNS 0 0.4 0.8 1.6 km r———I Sources:Esri,Airbus IDS,USGS,NGA,NASA,CGIAR,N Aventura Municipal Boundary O Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen,jkswaterstaa Rit, GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Gannon,FAO, EXHIBIT#3 LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) IS A - OY �Y `it (ti �(�� a l._ N t�' �� • _ 14T },r AAIL 41. fr lIII� �! _ i i - r � IE- N CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(E)(2A)C OF THE LAND DEVELOPMENT REGULATIONS AND THE CITY'S GREEN BUILDING PROGRAM AS SET FORTH IN ARTICLE VI OF CHAPTER 14 OF THE CITY CODE TO PERMIT A FLOOR AREA RATIO OF 4.8 WHERE THE LAND DEVELOPMENT REGULATIONS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.5 FOR THE DEVELOPMENT OF A RESIDENTIAL BUILDING TO BE CONSTRUCTED AT 20605 NE 34 AVENUE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF3A, Multifamily Medium Density Residential District; and WHEREAS, the Applicant, Rosenthal Rosenthal Rasco LLC on behalf of Aventura Harbor Property LLC, through Application No. CUP2305-0002, is requesting Conditional Use Approval pursuant to Section 31-143(e)(2a)c of the City's Land Development Regulations (LDRs) to permit a floor area ratio of 4.8, where the LDRs permit a maximum floor area ratio of 1.5, for the development of a residential building to be constructed pursuant to the City's Green Building Program; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the request for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use Approval pursuant to Section 31- 143(E)(2a)c of the City's Land Development regulations (LDRS) to permit a floor area ratio of 4.8 where the LDRs permit a maximum floor area ratio of 1.5, on property legally described in Exhibit "A", is hereby granted exclusively to the Applicant, subject to the following conditions: 1. Drawings as presented to City's Commission Workshop on September 21, 2023 and provided to the Community Development Department on September 26, 2023 unless otherwise subsequently amended by Administrative Site Plan Approval ("ASPA"). The plans will be reviewed under ASPA regulations, the RMF3A zoning City of Aventura Resolution No. 2023- district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. A building permit for the project shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3. Prior to issuance of a building permit by the City for the proposed development, the Applicant shall- (i) enter into and record in the Public Records of Miami-Dade County, at its expense, and in a form satisfactory to the City Manager and City Attorney, the Agreement and Covenant in fulfillment of all requirements of the City's Green Building Program; and (ii) provide to the City a performance bond or other security approved by the City Manager and City Attorney in the amount of 5% of building construction costs as approved by the City's Building Official to guarantee attainment of LEEDO Gold certification by the US Green Building Council. 4. Applicant agrees to allow public access to the walkway along the east and north sides of the building and the walkway leading to the docks, providing a view access to the marina for the public. This "Green Paseo" view corridor shall substantially comply with the design elements provided on Site Plan A2.02 prepared by Kobi Karp and submitted to the Community Development Department on September 2672023. It shall remain open to the public during daylight hours without exception. Access may be restricted from dusk to dawn. 5. Developer shall provide security cameras on site as specified by, and for use by, the Aventura Police Department. Such cameras shall be installed and operational prior to the issuance of a certificate of occupancy of any type. 6. Floating boat docks shall be for the exclusive use of the building's residents; unit owners will not be authorized to lease or sell their docks. 7. Developer shall provide a 60' portion of the floating dock to the City of Aventura for use by the Aventura Police Department Marine Patrol. 8. Developer shall contribute, prior to issuance of any certificate of occupancy, $500,000 to the City of Aventura to utilize toward capital expenses related to expanding its charter school system, operating expenses related to FreeBee, or to offset any other Commission-approved expense. This contribution is in addition to and not in lieu of the payment of impact fees. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Page 2 of 3 City of Aventura Resolution No. 2023- Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this V day of October, 2023. HOWARD S. WEINBERG, ESQ., MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6e�L BY: Keven R. Klopp, Community Development Director DATE: September 29, 2023 SUBJECT: Request for Variance for a Project Proposed at 20605 NE 34 Street, City of Aventura (the "Property") (Aventura Harbor— File No. VAR2305-0001) June 6, 2023 City Commission Meeting Agenda (Deferred) October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the variance request to facilitate the residential development known as Aventura Harbor on land located at 20605 NE 34 Street. THE REQUEST The applicant, Alan S. Rosenthal, Esq., on behalf of Aventura Harbor Property LLC, is requesting variance from Section 31-143(E)(3)(B) of the City's Land Development Regulations (LDR's) to permit a height of 15 stories (192') where a height of 7 stories (80') is permitted on the Property (See Exhibit#1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Aventura Harbor Property LLC APPLICANT Alan S. Rosenthal, Esq. Rosenthal, Rosenthal, Rasco ADDRESS OF PROPERTY 20605 NE 34 Street (See Exhibit#2 for Location Map) SIZE OF PROPERTY Approximately 0.51 acres (5.86 acres including submerged lands). LEGAL DESCRIPTION Aventura Villas PB 168-067 T-23010 TR A (see Exhibit #3 for complete legal description) Zoning — Subject Property: RMF3A - Multifamily Medium Density Residential Properties to the North: CNS - Conservation Properties to the South: ROS - Recreation Open Space Properties to the East: RMF4 - Multifamily High Density Residential Properties to the West: RMF4 - Multifamily High-Density Residential Existing Land Use — Subject Property: Vacant Land Properties to the North: Marina Properties to the South: Recreational Properties to the East: Residential Condominium Properties to the West: Residential Condominium Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Medium-High Density Residential Property to the North: Water Property to the South: Parks and Recreation Property to the East: Medium-High Density Residential Property to the West: Medium-High Density Residential The Site -The existing site consists of a vacant upland parcel of approximately 0.51 acres and submerged lands of approximately 5.35 acres. The upland is situated on the northeast intersection of N Country Club Drive and NE 34 Avenue; to the east there is a surface parking lot serving Ensenada Condominium residential tower and a marina is situated to the north. The submerged land is situated to the northeast of the previously mentioned marina and parking lot, and to the south of NE 207 Street. The Project - The applicant has applied for Administrative Site Plan Review Approval (ASPA) for the construction of a 106,912 square foot, 15-story, LEED Gold certified building. In addition, the applicant is proposing 1,350 feet of floating boat docks for the exclusive use of the building's residents and a public promenade extending along the east and north side of the building and continuing along the walkway leading to the docks. The applicant has requested variance from Section 31-143(E)(3)(B) of the City's LDRs to permit a height of 15 stories (192') where a height of 7 stories (80') is permitted. A 2 rendering of the proposed building is attached as Exhibit#4. The Administrative Site Plan Approval Application No. SP2305-0001 is currently under review by City staff together with variances for reduced setbacks and driveway dimensions to be reviewed administratively under the ASPA process pursuant to Section 14-115(I)(iv) of the Green Building Program. Other than the request for variance, the applicant is requesting conditional use approval for increased floor area ratio under Application No. CUP2305- 0002. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Medium-High Density Residential. Citizen Comments — Notices were mailed and the property was posted as required by City Code. The Community Development Department has received a few citizen comments in opposition to the proposal. Community Development Department Analysis——The development parcel is located in the Multifamily Medium Density Residential (RMF3A) zoning district. Multifamily residential are permitted uses in the RMF3A zone. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City' s Land Development Regulation state: Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met- (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The applicant advises that the property's topographic and environmental conditions limit the potential for development. These conditions result in hardship which make it difficult to comply with the zoning regulations regarding building height. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. Due to the property's topographic and environmental conditions, the basis for the requested variances are unique to this site and are not applicable to other locations. 3 (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty or hardship is not economic in nature and has not been deliberately created by the applicant. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare and will not be injurious to other parcels in the vicinity as the height increase will be unperceivable from neighboring properties, some of them exceeding the proposed height. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. Traffic studies provided by the applicant show that the intersection of NE 34 Avenue and N. Country Club Drive is currently operating at acceptable Levels of Service and will continue to do so with the new traffic generated by this development. The building's design by a well-known architectural firm will provide a positive effect on the property value within the vicinity; additionally, the proposed development will not increase the danger of fire, or endanger the public safety. It is recommended that the request for variances be granted subject to the following conditions: CONDITIONS Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department on 09/26/2023 and under application No. SP2305- 0001, unless otherwise subsequently amended by ASPA as follow: • Site Plan for Aventura Harbor, Sheet A2.02, prepared by Kobi Karp. 4 EXHIBIT#1 TVj I M11: - r" ROSENTHAL ROSENTHAL RASCO- May 1,2023 ATTORNEYS AT LAW Mr. Keven Klopp Community Development Director 19200 West Country Club Drive Aventura, FL 33180 Letter of I me nt Re: Aventura Harbor Public Hearing Application For Conditional Use Approval Dear Mr. Klopp The Applicant, Alan S Rosenthal, Esq., represents Aventura 34t"Av, LLC and GPuertoazul LLC, the current owners of the property described in the Survey contained in the Plans submitted herewith. The Survey (three pages) covers the upland property where the proposed Development is to be constructed and the canal property, which shall contain the docks. Attached to this Letter of Intent is an Opinion of Title covering the Surveyed Property. Before providing you with the details of this proposed Development ("Aventura Harbor") I believe it important for you to know some of the history of this undeveloped property which the previous owners, and for the past 12 years my clients, who have tried to develop the property without success. In that regard there were one or two Developments that were approved by the City Commission, the last one being my clients' Development, which was a five story condominium building containing one condominium unit on each floor and five boat docks on the north side of the canal property. To accommodate that approved Development the upland property was rezoned from RMF-3 to RMF-3A. Unfortunately due to the cost required to build and the cost of the land the units were not salable at a price anyone was willing to pay. As a result the only use of the Property that was ever a reality was a Passive Park called the"GEORGE BERLIN PARK"which ceased to exist when the owners started to market the approved Development. Several years ago,and after the approved developments failures,the current owners approached me with what they thought would be a viable Development that would be acceptable to the City,and at a cost that would be acceptable to prospective purchasers.Over the years that followed there were many proposed Development plans that were presented to Joanne Carr,the previous Development Director,then to you, and to the City Manager for your review and opinions, none of which were "HOMERUNS". Finally my clients retained a well-known design group who scaled down the previous proposals that contained greater density and height to a Development of 22 condominium units in a 15 story building 192 feet high with a dock for each unit and a Passive Park for Aventura residents. After you and the Manager apparently liked what you saw you agreed to allow this new Development(hereinafter known as"Aventura Harbor") to be placed on a City Commission Workshop agenda. Notwithstanding the foregoing, I had the feeling that the Key West designed building being proposed was not what you or the Manager really wanted for One Aventura,20900 N.E.30'Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 q the design of the building, whereupon the proposed purchasers of the upland and canal property "VYV Investment, LLC retained a well-known architect, Kobi Karp,to redesign the building which finally hit the "HOMERUN" we were looking for in an exciting and Magnificent Modern Innovative Building! It was at this juncture that we appeared before the City Commission at one of its workshops where the proposed Development was reviewed and well accepted with some caveats that I believe have been addressed by Kobi Karp in the plans submitted with this Letter of Intent! With regard to the contemplated construction of Aventura Harbor, a Conditional Use Approval must be secured from the City Commission to allow for an FAR of 4.85. It is respectfully submitted that Aventura Harbor is a unique and unusual project as it is a low density project of only 22 Condominium Units, but incorporated in the project are 1,350 feet of Floating Boat Docks on a private canal. The canal contains a dedicated Easement that provides access for boaters wishing to enter or exit the Canal, which Canal runs from the Intercoastal waterway West to Northeast 341h Avenue, and is South of N. E. 2071h Street. I am pleased to advise that the proposed construction of Aventura Harbor will be LEED Gold and that the FAR has been determined to be 4.85. It is respectfully suggested that Aventura Harbor will be a positive use of the property described in the Survey located on the first three pages of the Plans submitted with this Application and will benefit the City its residents and those who wish to use its Passive Park! I believe it is important to note that there are no parking variances requested as this Development plan provides for 92 parking spaces (inclusive of 24 lifts, 2 handicap spaces, and 5 guest spaces) where 49 spaces (inclusive of 44 parking spaces, 3 guest spaces, and 2 handicap spaces) are required by Code. In addition the Traffic Engineer retained by my clients has provided their Traffic Study to the City for its review,and the review of the City's Traffic Engineer.The Report submitted provides that this Development will generate a total of six and seven net trips during the AM and PM peak hours respectively.The studied intersection of NE 34th Avenue and North Country Club Drive is currently operating at acceptable LOS D or better and will continue to do so with the new traffic generated by this Development. Further that sufficient roadway capacity exists to support the subject Development nor will this new Development increase the LOS beyond the acceptable threshold. Basically the Traffic Study shows the traffic generated by this Development will not adversely affect the subject intersection. Finally with respect to the usage of the docks,each dock will be owned by one of the unit owners and will be solely for their own exclusive use only.The docks may not be utilized by any boats except those owned by the unit owners and unit owners will not be authorized to lease or rent their docks. Docks will not be able to be sold without the purchaser of the dock purchasing the unit in the building that owns the dock and units in the building cannot be sold without the dock being sold contemporaneously with the unit. Unit owners may not enter into any commercial venture wherein the docks are utilized contrary to the foregoing or attempt to circumvent the foregoing regulations pertaining to the docks in any fashion. The sailing school that that may be developed at the East End of the docks being constructed at Aventura Harbor shall be for children under the age of 18 years and will be operated by the City of Aventura or its duly authorized agent. In that regard storage racks may be constructed on the docks allocated for sailing school storage of not more than 12 small sailboats(dinghys) utilized in connection with the sailing school. The sailing school dock spaces will be leased to the City by the Condominium Association or the owners, as the case may be. The rent paid by the City to the Condominium Association or the Owner shall be$10 t W0626788.11 2 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 301 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300 I Fax: 305.937.1311 per year payable in advance and subject to the terms and conditions of a lease acceptable to the City and to the owner or the Condominium Association. Based upon the foregoing it is respectfully suggested that the Conditional Use requested herein in order to develop Aventura Harbor should be unanimously approved by the Commission as it has no deleterious effect on the City,the City's residents or those living nearby. To the contrary Aventura Harbor will in fact be highly beneficial to the City and its residents, including the children who will benefit from learning how to sail, and those residents who walk through the Passive Park provided and maintained for Aventura residents to venture into. Respectfully submitted,.,, . = ~ ROSENTHAL Q T' ,1 R By -' :. ALAN OEN�I-EAL— ASR:cw Enclosures {W0626788.11 3 Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E.30'b Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 City of Aventura EXHIBIT#2 5 858 SW 1 st St SW 2nd St c i " Halldndale NIs/es 01 � G u I fstrea m � s i Park Golden Isles D ke A1A s � 1 D I i Sun Swept Holiday Dr 1—————- -County Line-Rd Isles ----1`—t��=vs_----L=�=�=�_�=�=� ! 1 �j NE 213th St I � z I 1 m , w 1 > 1 1 Aventura 1 v a Highland Oaks I N Co t. Park 1 oO Club Dr L 1 I w O 2 , 1 0 I 1 � 1 1 NE 203rd St 1 1 z 1 1 m , 1 1 1 St 1 1 / NE 199th St f0 1 Don Soffer / 1 Exercise Trail I , Tu rn berry Isle I E 197th Ter 1 Golf Course I/ Golden Beach 1 Aventura Mall Aventura / , 1 1 / � Rehm an CswY � 1 I 1 / 1 / 1 I I NE 190th St / z , / > I I d ¢ D NE 186th St / I I m / / I I NE 783rd St / I / / I / I I I Greynolds Park s �I I St / 'c",Eas t V1 I 2 Greynolds Park Golf Course ' ♦� _—/ > m �—�-, ♦� � NE 171 st St i NE 170th St .o I ♦ u y I i NE 169th St z , � 1 m I i m Sunny Isles rth Miami I naoule ♦Loke w Beach Beach ' a ♦ 5 D 1 I N Intracoastal NE 168th St Mall NE 167th St 826 t Glades Dr NE / 164th St "z antic Isle NE 1631d St NE 161 st St r 7P 3 w P h Ter o -1 909 Oleta River 5/25/2023 ..._.._.._. Property Boundary 1:24,633 0 0.25 0.5 1 mi Municipal Zone-RMF3A Municipal Zone-CNS 0 0.4 0.8 1.6 km r———I Sources:Esri,Airbus IDS,USGS,NGA,NASA,CGIAR,N Aventura Municipal Boundary O Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen,jkswaterstaa Rit, GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Gannon,FAO, EXHIBIT#3 LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) IS A - OY �Y `it (ti �(�� a l._ N t�' �� • _ 14T },r AAIL 41. fr lIII� �! _ i i - r � IE- N CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31- 143(E)(3)(B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A HEIGHT OF 15 STORIES (192 FEET) WHERE A HEIGHT OF 7 STORIES (80 FEET) IS PERMITTED FOR THE PROPERTY LOCATED AT 20605 NE 34 AVENUE, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property at 20605 NE 34 Avenue and legally described in Exhibit "A" is zoned RMF3A, Multifamily Medium Density Residential District; and WHEREAS, the Applicant, Rosenthal Rosenthal Rasco LLC, on behalf of Aventura Harbor Property LLC, through Application No. VAR2305-0001, is requesting a variance from Section 31-143(e)(3)(b) of the City's Land Development Regulations to permit a height of 15 stories (192 feet) where a height of 7 stories (80 feet) is permitted; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The request for variance from Section 31-143(e)(3)(b) of the City's Land Development Regulations (LDRs) to permit a height 15 stories (192 feet) where a height of 7 stories (80 feet) is permitted, on property legally described in Exhibit "A", is hereby granted exclusively to the Applicant, subject to the following conditions- 1. Drawings as provided to the Community Development Department on May 3, 2023 and September 26, 2023, unless otherwise subsequently amended by Administrative Site Plan Approval ("ASPA"). The plans will be reviewed under ASPA regulations, the RMF3A zoning district regulations and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. A building permit for the project shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The City Commission may, at a regular or special meeting, grant up to a six- month extension request for good cause shown by the applicant. City of Aventura Resolution No. 2023- Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED AND ADOPTED this V day of October, 2023. Page 2 of 3 City of Aventura Resolution No. 2023- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A AVENTURA VILLAS PB 168-067 T-23010 TR A LOT SIZE 22239 SQ FT ML FAU 28 1235 010 0010 PARCEL B 35 5142.648 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB & 2 4FT STRIPS OF LAND LYG N OF ENSENADA CONDO SITE LOT SIZE 28139 SQ FT M/L FAU 28 1235 010 0030&0010 PARCEL C 35 5142 4.303 AC BISCAYNE YACHT&COUNTRY CLUB 1ST ADDN PB 89-100 PRIVATE CANAL LESS PART IN AVENTURA MARINA CONDO NO 1 & LESS PORT OF PRIVATE CANAL DESC BEG NE COR OF AVENTURA MARINA CONDO NO 1 N 80 DEG E 179.54FT N 87 DEG E 171.63FT S 02 DEG E 75FT S 87 DEG W 167FT S 80 DEG W 184.41FT N 02 DEG W 75.58FT TO POB F/A/U 30-1235-010-0030 OR 24663-3244 05 2006 2(2) PARCEL D AVENTURA 1ST ADDN PB 99-11 PORT OF TR D DESC BEG NE COR TR D W826.80FT S150FT E826.80FT N150FT TO POB/PRIVATE CANAL/ LOT SIZE 124020 SQ FT F/A/U 30-1235-013-0010 COC 24663-3244 05 2006 2(2) CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: September 29, 2023 SUBJECT: Approval of an Ordinance Amending Certain Sections of the City Code as it Applies to the Stormwater Utility System October 3, 2023 City Commission Meeting Agenda (First Reading) November 7, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending certain sections of the City Code as it applies to the Stormwater Utility System. This supports the Resolution presented at the October 3, 2023 City Commission Meeting authorizing the Miami-Dade County Collector and Property Appraiser to collect the Non-Ad Valorem Stormwater assessments. BACKGROUND The City's Stormwater Assessments are currently billed and collected monthly by a third- party utility entity. The City utilizes North Miami Beach Utilities and Miami-Dade County Water and Sewer Utilities to collect the stormwater fees on the water monthly billing cycle. The current method of billing is based on water service being active on metered properties and payments are received monthly. By moving to Miami-Dade County's Tax Collector and Property Appraiser, using the uniform method of collection and placing the Non-Ad Valorem Assessments for Stormwater on the property tax bill, the City would receive the assessments in a timelier manner. In addition, the fee from the tax office is 2% to collect versus 5% from the third-party billing which would equate to an approximate savings to the City of$45,000 annually. The City's stormwater utility fees are found in Chapter 30, Article III of the City Code. Fiscal Impact This item will have no impact on the City's budget. If you have any questions, please feel free to contact me. CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 30, ARTICLE III, DIVISION 2 ENTITLED STORMWATER UTILITY SYSTEM, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR THE COLLECTION OF THE STORMWATER UTILITY FEE USING THE UNIFORM METHOD OF COLLECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in October of 2023, the City of Aventura passed a resolution allowing for the collection of stormwater fees using a uniform method of collecting non-ad valorem assessments; and WHEREAS, subsequent to passage of the City's resolution, the City executed an interlocal agreement with Miami-Dade County to include the City's stormwater fees on the County tax bills; and WHEREAS, the City would like to amend Chapter 30, Article III, "Stormwater" of the City of Aventura Code of Ordinances to provide for the collection of the Stormwater Utility Fee as provided for by Section 197.3632, Florida Statutes, as may be amended (the "Uniform Method of Collection Act"); and WHEREAS, the City has determined that the amendments to Chapter 30 of the City of Aventura Code of Ordinances are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 30 "Environment," Article III "Stormwater," Division 2 "Stormwater Utility System" is hereby amended as follows': Chapter 30 —Administration Article III — Stormwater Division 2. — Stormwater Utility System Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023- Sec. 30-91. - Purpose; authority. Sec. 30-92. - Definitions. The following, when used in this division, shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning: Developed property shall mean any parcel of land that contains an impervious area. Dwelling shall mean any building that is wholly or partly used or intended to be used for living, sleeping, cooking and eating. Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating. ERU (Equivalent Residential Unit) shall mean the statistically estimated average of impervious area of residential developed properties per dwelling unit. This estimated average (which equals 1,548 square feet) is calculated by dividing the total estimated impervious area of residential properties by the estimated total number of dwelling units. Impervious area shall mean the horizontal ground surface that is incapable of being penetrated by rainwater. This shall include, but not be limited to, all structures, roof extensions, slabs, patios, porches, driveways, sidewalks, parking areas, swimming pools, athletic courts and decks. Nonresidential developed property shall mean any parcel of land that contains an impervious area and that is classified by the Dade County Property Appraiser as land use types 10 through and including 99, as set forth in Florida Administrative Code Rule 12D- 8.008(2)(c), as amended from time to time. Residential developed property shall mean any parcel of land that contains an impervious area and is classified by the Dade County Property Appraiser as land use types 00 through and including 09 as set forth in Florida Administrative Code Rule 12D- 8.008(2)(c), as amended from time to time. Stormwater shall mean the surface water runoff that results from rainfall. Page 2 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023- Stormwater infrastructure shall mean the structural, non-structural or natural features of a parcel of land or watershed which collect, convey, store, absorb, inhibit, treat, use, reuse, or otherwise affect the quantity or quality of stormwater. Stormwater management system (or the system) shall have the meaning specified by F.S. § 403.031(16), as amended from time to time. Stormwater utility shall have the meaning specified by F.S. § 403.031(17), as amended from time to time. Stormwater utility fee shall have the meaning specified by F.S. § 403.0893, as amended from time to time. Stormwater utility fund shall mean that separate fund established by the City for the deposit and use of all stormwater utility fees collected. Uniform Method of Collection Act shall mean F.S. $ 197.3632, as amended from time to time. Watershed shall have the meaning specified by F.S. § 403.031(18), as amended from time to time. Sec. 30-93. - Findings and determinations. Sec. 30-94. - Stormwater utility fee. (a) A stormwater utility fee is hereby assessed against each developed property within the City for services and facilities provided by the stormwater management system. The rate per ERU to be used in calculating stormwater utility fees shall be set by resolution of the City Commission after a public hearing, and if collected using the Uniform Method of Collection Act, such resolution and public hearing shall be noticed, and adopted in accordance with F.S. $197.3632(4)(a). (b) and (c). The City Manager or his/her designee is directed to prepare list of lots and parcels within the City and to assign a classification of single-family dwelling unit, multi- family dwelling unit, or nonresidential developed property to each lot or parcel. If the City is using the Uniform Method of Collection Act to provide for the collection Page 3 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023- of the Stormwater utility fee, then the City Manager or his/her designee is directed to prepare a preliminary non-ad valorem assessment roll, in accordance with $197.3632(4). (c) The following procedures and criteria are to be used to calculate stormwater utility fees- (1) Each single-family dwelling unit, multi-family dwelling unit and nonresidential developed property shall be assessed a stormwater utility fee calculated by multiplying the rate for one ERU by the number of ERUs provided in subsections 30-94(b)(1), (2) and (3), respectively. (2) The fees owed to the City and collected by the Metropolitan Dade County Water and Sewer Authority Department (MDWASA) with respect to the stormwater utility, together with investment earnings thereon, shall be deposited in the stormwater utility fund and shall be used exclusively for planning, constructing, financing, operating and maintaining the stormwater utility and the infrastructure of the stormwater management system. The City may pledge such fees as security for indebtedness incurred by it in connection with the stormwater utility and the stormwater management system. (3) If the Stormwater Utility fees are collected on the tax bill using the Uniform Method of Collection Act, upon receipt thereof from the tax collector of Miami-Dade County with respect to the stormwater utility fees together, shall be deposited in the stormwater utility fund and shall be used exclusively for planning, constructing, financing, operating and maintaining the stormwater utility and the infrastructure of the stormwater management system. The City may pledge such fees as security for indebtedness incurred by it in connection with the stormwater utility and the stormwater management system. Page 4 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023- Sec. 30-95. - Collection of stormwater utility fee; liens. (m) Notwithstanding the foregoing, if the City is using the Uniform Method of Collection Act for the collection of the Stormwater Utility Fees, such Stormwater Utility Fees shall be subject to all collection provisions of chapter 197, Florida Statutes, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. 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. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The 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 Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 5 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023- 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 Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg PASSED on first reading this V day of October, 2023. PASSED AND ADOPTED on second reading this 7t" day of November, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 6 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BYE Robert Meyers, Office of the City Attorney DATE: September 29, 2023 SUBJECT: An Ordinance of the City Commission Amending the Code of Ordinances to Create Section 1-21 to Make it Unlawful to Engage in Camping on Public or Private Property Except as Specifically Authorized by the Appropriate Governmental Authority and/or Property Owner October 3, 2023 City Commission Meeting Agenda (First Reading) November 7, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an ordinance to prohibit camping on public or private property to ensure that clean and sanitary conditions are maintained across the City and to provide residents, visitors and the public at large with a safe and secure environment by citing individuals who are illegally camping. BACKGROUND Camping means to temporarily reside or dwell on public or private property in the City by creating a temporary shelter or by the laying down of bedding for the purposes of sleeping and conducting activities of daily living. Such activities make it difficult for the City to maintain hygienic and sanitary conditions in the City and may also operate to restrict access by the public to these spaces being occupied by those who are engaging in camping. When a police officer has probable cause to believe that a camping violation has occurred, the officer shall advise the person of the violation and afford the person an opportunity to be transported to a public shelter. For a person who agrees to be transported to a shelter, his or her personal belongings not taken to the shelter, except those which are perishable or unsanitary, shall be inventoried and stored by the Police Department. A person who refuses to be taken to the shelter shall be guilty of a public nuisance. A person who cannot be properly identified, or is intoxicated, or who within the past year was previously charged with a violation of the ordinance three times or who elected to be transported to a shelter three times is subject to arrest without being presented with the shelter option. CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-21 "CAMPING PROHIBITED"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in Section 2(b), Article Vlll of the Constitution of the State of Florida, and Section 166.021(1), Florida Statutes, the City of Aventura, Florida (the "City"), a municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS Article Vlll, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provides municipalities with the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, the City Charter empowers the City Commission to adopt, amend or repeal its ordinances and resolutions as may be required for the benefit of the residents of the Village; and WHEREAS, the City Commission finds it periodically necessary to amend its Code of Ordinances and Land Development Regulations ("Code") in order to update regulations and procedures necessary to implement municipal goals and objectives; and WHEREAS, the City Commission further finds it to be in the best interest of the public health, safety and welfare of the citizens to adopt this Ordinance amending the City's Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That the above stated recitals are hereby adopted and confirmed. City of Aventura Ordinance No. 2023- Section 2. City Code Amended. That Chapter 1 "General Provisions," of the City Code of Ordinances is hereby amended to read as follows:' Sec. 1-21. Camping prohibited (a) It shall be unlawful in the City of Aventura to engage in camping on public or private property, including rights-of-way, except as may be specifically authorized by the appropriate governmental authority and/or property owner. Definitions: (1) Temporary Shelter means the unauthorized use of fabric, metal, cardboard, or other materials as a tent or other temporary structure for living accommodation purposes or human habitation. (2) Camping means to reside or dwell temporarily on City property by the erection, use or occupation of any tent, hut, lean-to, shack or Temporary Shelter for sleeping purposes, or the laying down of bedding, such as a mat, blanket, sleeping bag or similar material for the purpose of sleeping, and conducting activities of daily living such as eating, sleeping or storage of personal possessions in such place. (3) Officer means a sworn law enforcement officer of the City of Aventura Police Department. (4) Proper Identification means a driver's license, a government or employment identification card with a photograph, or other form of photo-bearing identification that would satisfy a reasonable law enforcement officer as to the identity of the person. (c) Being in a Temporary Shelter or being asleep atop or covered by materials in a public place may be evidence of Camping, but is not alone sufficient to constitute a violation of this section. One (1) or more of the following shall also exist to determine whether the camping was for living accommodation purposes: (1) Numerous items of personal belongings are present: (2) The person is engaged in cooking activities: (3) The person has built or is maintaining a fire: (4) The person has engaged in digging or earth breaking activities: 1 Coding:StFikethFeugh w eFds,are deletions to the existing words.Underlined words are additions to the existing words.Changes between first and second reading are indicated with yellow highlight and double stFikethFeug4 or double underline. Page 2 of 5 City of Aventura Ordinance No. 2023- (5) The person is asleep and he or she has no other permanent place to live. Except as provided for in subsection (q), whenever an Officer has probable cause to believe that a violation of this section has occurred, he or she shall advise the person of the violation and afford the person an opportunity to be transported to a public shelter. Under such circumstances, the Officer shall advise the person that all of his or her personal property that is not taken to the public shelter, except that which is perishable or in an unsanitary condition, shall be inventoried and stored by the City police department until reclaimed, or for a maximum of sixty (60) days. (e) If the person elects to be transported to a public shelter, the Officer shall make available such transportation as may be available for such purpose and the person making such election shall not be charged with a violation of this section. If the person refuses to be transported to a public shelter, then such person may be charged with a violation of this section. If the person refuses to be taken to a shelter, the violation shall constitute a public nuisance, and may subject the violator to arrest and shall, upon conviction, be punishable either by a fine up to $500.00, imprisonment in the county mail up to 60 days, or both. Subsection (d) shall not apply to any person who cannot be properly identified, or is intoxicated, or who within the past year was previously charged with a violation of this section three (3) times or who elected to be transported to a public shelter three (3) times. Any personal property that was inventoried and stored by the City police department for a person transported to a shelter under the provisions of this section which has not been reclaimed within sixty (60) days of the date of inventory, shall be deemed abandoned and disposed of according to F.S. Ch. 705. Section 3. Conflicts. That all Sections or parts of Sections of the Code of Ordinances, all ordinances or parts of ordinances, and all Resolutions, or parts of Resolutions, in conflict with the Ordinance 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 Page 3 of 5 City of Aventura Ordinance No. 2023- 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 Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg 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 Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 4 of 5 City of Aventura Ordinance No. 2023- PASSED on first reading this V day of October, 2023 PASSED AND ADOPTED on second reading this 7t" day of November, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5