07-02-2002
City r1lrnrnl.alnn
Jeffrey M. Perlow, Mayor
A~ City of
~ventura
~
~~-,..>",..,.....":
City Ml'n._r
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
GifyOerk
Teresa M. Soroka, CMC
Gify AttDm~..
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
JULY 2, 2002 - 6 PM following LPAmeeting
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALLTOORDER~OLLCALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: None.
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
June 4, 2002 Commission Meeting
June 13,2002 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF STUART WERNER TO THE CITY OF A VENTURA
ECONOMIC DEVELOPMENT ADVISORY BOARD IN ORDER
TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE
DATE.
(Approves appointment of Stuart Werner to the Economic Development
Advisory Board)
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 02-06-07-2, BISCAYNE LAKE
GARDENS AREA DRAINAGE IMPROVEMENTS, TO
SOUTHEASTERN ENGINEERING CONTRACTORS, INC. AT
July 2, 2002 CommiIlIioo Meeting
THE BID PRICE OF $400,904.00. AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid to Southeastern Engineering Contractors, Inc. for Biscayne
Lake Gardens Area drainage improvements)
D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2001/2002 FISCAL YEAR BY REVISING THE 2001/2002 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
(Amends the Stormwater Utility Fund Budget to recognize additional
revenue and project cost savings)
. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED MANAGEMENT
AGREEMENT FOR THE A VENTURA CHARTER
ELEMENTARY SCHOOL BETWEEN THE CITY OF
A VENTURA AND CHARTER SCHOOLS USA, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Management Agreement for
Charter Elementary School with Charter Schools USA, Inc.)
F. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$49,322 FOR TASER EQUIPMENT, DRYING CABINET,
DIGITAL CAMERA AND PORTABLE SOUND SYSTEM FROM
THE POLICE FORFEITURE FUND IN ACCORDANCE WITH
CITY MANAGER'S MEMORANDUM.
(Authorizes the City Manager to expend monies from the Police
Forfeiture Fund)
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, SUPPORTING MIAMI-DADE
COUNTY'S HUMAN RIGHTS ORDINANCE WHICH
PROHIBITS DISCRIMINATION IN HOUSING, EMPLOYMENT
2
July 2, 2002 Ownmi...... Meeting
AND BANKING BASED ON SEXUAL ORIENTATION;
OPPOSING ANY ATTEMPT TO REPEAL THE ORDINANCE IN
THE UPCOMING MIAMI-DADE COUNTY ELECTIONS; AND
PROVIDING AN EFFECTIVE DATE. (Mayor Perlow)
(Supports County Human Rights ordinance and opposes any repeal
thereof in the upcoming County elections)
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION," ARTICLE In "ADVISORY BOARDS,"
DIVISION 3 "ECONOMIC DEVELOPMENT ADVISORY
BOARD," BY AMENDING SECTION ~-I54 "RULES OF
PROCEDURE" AT PARAGRAPH (C) THEREOF; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO SPECIFY THE
ENFORCEABILITY OF RESTRICTIONS, LIMITATIONS OR
CONDITIONS INCLUDED IN ALL DEFINITIONS; AMENDING
THE DEFINITION OF "HOTEL," AND CREATING
RESTRICTIONS, LIMITATIONS OR CONDITIONS
CONCERNING HOTELS; AMENDING DEFINITION OF
"RESIDENCE OR RESIDENTIAL USE," CREATING
DEFINITION FOR "MULTI-FAMILY RESIDENTIAL
DWELLING;" PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING PARAGRAPH (b) OF SECTION 31-145 "TOWN
CENTER DISTRICT (TC1) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ADD CONDITIONAL
USE REGULATIONS REGARDING MINIMUM FLOOR AREAS,
ALLOCATIONS OF INTERIOR SPACE, STRUCTURED
PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND
OFF-STREET PARKING REQUIREMENTS IN THE TCl
ZONING DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FORAN EFFECTIVE DATE.
D. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING PARAGRAPH (k) "MODIFICATIONS TO
3
July 2, 2002 {Mmtilllioo Meeting
RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION PLAT
APPROVAL" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS REGARDING SUBDIVISION REQUIREMENTS
AND EXCEPTIONS BY PROVIDING FOR DECLARATIONS IN
LIEU OF UNITY OF TITLE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
E. AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $13,000,000 IN AGGREGATE PRINCIPAL
AMOUNT OF OBLIGATIONS OF THE CITY TO
FINANCE THE SITE ACQUISITION, CONSTRUCTION AND
EQUIPPING OF A K-5 CHARTER ELEMENTARY SCHOOL
AND THE COMPLETION OF A COMMUNITY RECREATION
CENTER AND TO PAY COSTS AND EXPENSES OF
ISSUING SUCH OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE NON-AD VALOREM FUNDS EACH
YEAR TO PAY THE PRINCIPAL OF, REDEMPTION
PREMIUM, IF ANY, AND INTEREST ON THE
OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE
HOLDERS OF SUCH OBLIGATIONS; PROVIDING
SEVERABILITY AND AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY
OF A VENTURA BY AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR FOUNDERS PARK LOCATED AT 3105 AND 3200
NE 190 STREET FROM TOWN CENTER TO PARKS AND
RECREATION; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
9. RESOLUTIONS: None.
10.0THER BUSINESS: None.
1l.PUBLIC COMMENTS
12.REPORTS
13.ADJOURNMENT
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July 2, 2002 CommiIlIiOll Meeting
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION MEETING
JULY 18, 2002
9:30 A.M.
COMMISSION WORKSHOP
JULY 18, 2002
following 9:30 aoUL meeting
COMMISSION MEETING
AUGUST 6, 2002
10:00 A.M.
VISIONING SESSION
AUGUST 6, 2002
following 10:00 a.UL meeting
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to participate in this meeting because of
that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to
such proceeding.
One or more members of the City of A ventura Advisory Boards may be in attendance.
Anyone wishing to appeal any decision made by the A ventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of A ventura Government Center,
19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any
agenda item should contact the City Clerk at 305-466-8901.
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A~
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MINUTES
CITY COMMISSION MEETING
JUNE 4, 2002 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m.
by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Mayor Perlow, Vice Mayor
Arthur Berger, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Reverend Will Keyser led the pledge of allegiance.
3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by the City Clerk.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
PURSUANT TO RESOLUTION NO. 99-39 ADOPTED AUGUST 3, 1999
AND MODIFYING THE APPROVALS GRANTED PURSUANT TO
RESOLUTION NO. 2001.01 ADOPTED JANUARY 2, 2001; TO MODIFY
CONDITION NO. 4 OF SECTION 4 OF RESOLUTION NO. 99.39
REQUIRING 7 PARALLEL PARKING SPACES ON NE 206 STREET
AND 6 PARALLEL PARKING SPACES ON NE 207 STREET; TO
MODIFY ITEM 3) OF SECTION 1 OF RESOLUTION NO. 2001-01
REQUIRING 7 PARALLEL PARKING SPACES ON EAST DIXIE
HIGHWAY ADJACENT TO THE SITE FOR PROPERTY LOCATED AT
20601 EAST DIXIE HIGHWAY, AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg, and seconded by
Commissioner Rogers-Libert. Joanne Carr, Senior Planner, explained the
request of the applicant and entered the staff report into the record. Mayor
Perlow opened the public hearing. The following individuals addressed the
Commission: Alan Rosenthal, Esq., representing the applicant; and Steven
Lakowitz, Aventura resident. There being no further speakers, the public hearing
was closed. The motion for approval unanimously passed by roll call vote and
Resolution No. 2002-30 was adopted.
Mayor Perlow left the room at this time.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
PURSUANT TO RESOLUTION NO. 97-48 ADOPTED AUGUST 5,1997;
TO MODIFY CONDITION f. OF SECTION 4 OF RESOLUTION
PROVIDING A MAXIMUM DURATION OF VARIANCES FOR FIVE
YEARS AND 30 DAYS FROM THE DATE OF THE RESOLUTION; FOR
PROPERTY LOCATED AT 2890 NE 187 STREET, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATEo
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Grossman. Ms. Carr explained the request of the applicant
and entered the staff report into the record. Vice Mayor Berger opened the
public hearing. The following individuals addressed the Commission: Stanley
Price, Esq., representing the applicant, Guillermo Freile, applicant; and Keith
Marshall, 7000 Williams Island Boulevard. There being no further speakers, the
public hearing was closed. An amendment was offered by Commissioner
Beskin, seconded by Commissioner Rogers-Libert and unanimously passed to
amend Section 1 to extend approval to 1 year. The motion for approval, as
amended, was unanimously passed (6-0) and Resolution No. 2002-31 was
adopted
Mayor Perlow returned to the meeting at this time.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Soroka
read into the record a request from AT&T to defer items 9B and 9C to the July 2, 2002
Commission Meeting. A motion for deferral of items 9B and 9C to the July 2, 2002
Commission meeting was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen and unanimously passed.
50 SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Vice Mayor Berger requested removal of item 6G from the
Consent Agenda. Mayor Perlow declared a conflict of interest as to item 6F and
abstained from voting on that item. A motion to approve the remainder of the Consent
Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner
Cohen, unanimously passed and the following action was taken:
A. Minutes were approved as follows:
May 7, 2002 Commission Meeting
May 9, 2002 Special Meeting
May 16, 2002 Special Meeting
May 16, 2002 Workshop Meeting
2
B. Resolution Noo 2002-32 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND
THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING
AN EFFECTIVE DATE.
C. Resolution No. 2002-33 was 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 NORTH 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. 2002-34 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "AVENTURA SIXTEENTH
ADDITION" PLAT, BEING A REPLAT OF TRACT FF OF FIFTH
ADDITION BISCAYNE YACHT AND COUNTRY CLUB, PLAT BOOK 99,
PAGE 20 AND A PORTION OF TRACT 4 OF NORTH BISCAYNE
ACRES, PLAT BOOK 40, PAGE 99, CITY OF AVENTURA, MIAMI-
DADE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN THE FACE OF THE PLAT; REQUIRING
RECORDATION; PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution Noo 2002-35 was 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 BAL HARBOUR VILLAGE 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 DATEo
F. Resolution No. 2002-36 was adopted as follows:
3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED LETTER OF ACKNOWLEDGEMENT
BETWEEN THE CITY OF AVENTURA AND MIAMI BEACH
HEALTH CARE GROUP, INCo, D/B/A AVENTURA HOSPITAL &
MEDICAL CENTER FOR DRAINAGE IMPROVEMENTS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATEo
The following item was removed from the Consent Agenda and addressed
separately:
G. MOTION TO REMOVE LEONARD BRENNER AS A MEMBER OF THE
CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD
A motion to defer this matter to the June Workshop was offered by Vice Mayor
Berger, seconded by Commissioner Holzberg and failed 3-4, with Mayor Perlow,
Vice Mayor Berger and Commissioner Holzberg voting yes, and Commissioners
Grossman, Beskin, Rogers-Libert and Cohen voting no. A motion to remove
Leonard Brenner as a member of the City of Aventura Economic Development
Advisory Board was offered by Commissioner Rogers-Libert and seconded by
Commissioner Grossman. The motion passed 5-2 by roll call vote, with
Commissioner Holzberg and Vice Mayor Berger voting no.
7. ORDINANCES - FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE DEFINITION OF "BUILDING";
AMENDING SECTION 31-75 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY USES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATEo
A motion for approval was offered by Vice Mayor Berger and seconded by
Commissioner Cohen. Ms. Carr addressed the Commission. Mayor
Perlow opened the public hearing. There being no speakers, the public
4
hearing was closed. The motion for approval passed unanimously by roll
call vote and Ordinance Noo 2002-14 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2 ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE II "DEPARTMENTS", SECTION 2-61 "CREATED" TO
PROVIDE FOR INCLUSION OF THE CHARTER SCHOOL AS A
DEPARTMENT OF GOVERNMENT WITHIN THE CITY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
Noo 2002-15 was enacted.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING, DEBT SERVICE
AND CAPITAL BUDGET FOR THE AVENTURA CHARTER
ELEMENTARY SCHOOL FOR FISCAL YEAR 2002/03 (JULY 1 - JUNE
30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Vice Mayor Berger. Mayor Perlow opened the public
hearing. The following individual addressed the Commission: Robert
Burroughs. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote and
Ordinance No. 2002-16 was enacted.
10. RESOLUTIONS:
A. Mr. Wolpin read the following resolution by title:
5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2002/03 TO 2006/07 AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Holzberg. The motion for approval passed
unanimously and Resolution Noo 2002-37 was adopted.
The following items were deferred to the July 2, 2002 Commission Meeting:
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE CHANGE OF CONTROL OF
THE TCI TKR OF SOUTH FLORIDA CABLE TELEVISION FRANCHISE
TO AT&T-COMCAST; PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE CHANGE OF CONTROL OF
THE COMCAST CABLEVISION OF HALLANDALE, INCo, CABLE
TELEVISION FRANCHISE TO AT&T COMCAST CORPORATION;
PROVIDING FOR AN EFFECTIVE DATE.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: The following individuals addressed the Commission:
Ginger Grossman, West Country Club Drive and Reverend Will Keyser.
130 REPORTS: As presented.
140 ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:15 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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.
6
FORM 88.. MEMORANDUM OF VOTING ,CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAM&--FIRBT N~DLE NAME N..UIE Q!' BOAJID. COUNClL,._N"IoWVIMllON. AUTHOlUTJ'. OR COJOUITEE
:Ji "^ . <!. I M.(SS i.:>/J . .
TIlE 1IllIoIlD. COUNCIL. COMMISSION, .wTlIORITY 011 COlOll'rTl!E ON
WHICH (SERVE IS.. UNIT OF,
~ lJOOUNTY o OTHD.LOCAL AGDfCY
!~~POO~~~~'~;4
DNI&:
~ C APPOnmVE
WHO MUST FILE FORM 88
Thi. form ia for use by any peraon 118rvinC at ~he county, dty, OT othilr local level of government on an appointed or elected board.
council, c:oDlmillcrion, authority, IX' committee. It appli_ equally to memben of advisory and non-uvieory bodiu who are presented
with a wting confliet ofinlere.t IIndAor Section 112.3143, Florida Statute8-
Your reeponsibiliti.. under the law when faeed with voting on a measUl'8 in which you haw a conflict of interest will vary grently
depending on whether you hold an .1Ktive or appointive position. For this reason, please pay cloee attentiOT1 to the instructions on
tbi. form before eompleting the reveroe aicle and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
A penon holding elective or appointivo county, municipal, or other local publ:ie oftice MUST ABSTAIN from voting on $I. ma.o..;ut'G
wbieh inllree to hi. or her epedol private gain or IClSlI. Each elaetad or appointed loeol o{fieer also i. prohibited from knowingly volin!:
on a meaaur. which inllrel to the 'peeW gain or 1001I of.. principal (other than a Il"vernment agency) by whom he or Ihe i. retained
(including the parent orpniution or aub.idiary of. corporate prind])Al by which he or she i8 retained); to the spKial private gain or
10118 d a relati...; or to the spedal private gain oc Jon at a buane.. ..eociato. Commiuionan of community "development agenc:iee
IIIHler See. 163.356 or 163.367, F .s.. and ollie... of independent epociallaX di.trieto olected on a one-....... one-veta basie are not pro-
bibited !rom voting in that capaeity.
Far purpo... of tN. law. a -reiaaye- inelude. only the oft'"lC.r>>a father. mother, IOn. auchter. husband. wife. brother. &ilter. father~
in-law. mother-in-law. eon-ift-law. and dauahtar-in-1aw. A "'bulline. ...xiata-1IYBIUI any penon or entity .nppd in or carrying on
a bui..... ent.erprleo with the oIlieer ... a partner. joint ...ntur.... ~ .. property. or eorparate ehareholder <where the .haro. of
the earpon'tian _ _Iieled on any natiooud or repmol otock udlsnce).
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ELEcn:D OFl"lCDS:
In addition to abetaining _ voting in the oinoaaon.e dasaibecl abov.. you mud c1iecl08e the eontJiet:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the aaeembly the nat\lre .. YOllr interest in the measure on
whidI you ..... abocaining from voting: and
WITHIN III DAYS AP"l'ER THE VOTE OCCURS by eompleting end filing thl. form with the penon ....ponaible for recording
the minuee. or the mMtinc. who abau.ld incGlpor&te the form in the minutu.
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APPOINTED OFl"lCERS:
Yon mWlt.boWn from votin,,,,,d c1i""u- the _met in tIwl aitualione dAoeeribecl above and in the manner dAscribed for elected om.
ClIt'f'I.. In 0I"d8r to participate in th... nUltten. you m\llt cliad08G the nature or th. conOict beral's making .ny attempt to influenee tho
clecitrion, whether orolly QI' In writing and whether made by yoll or at your cliroetion.
IF YOU INTEND TO MAKE M<Y A'l"rEMPr TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WILL BE TAKEN:
. YOII mllSt ..mpllto and file thi. form (beforo ",eking any attempt to int1uenee the decision) with the person responsible for
reeording the minutes at the m..tirtg. who will ineorporau. the farm ip the minutes_
. Aeopy of the form mllot be proviclecllmmediately to the other members of the &goney.
. The form mllot be read publidy at the next meeting after the form i. file<!.
ce FOR" 88 . REV. 1195
PAGE'
IF YOU MAKE NO ATI'EMPl' TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You -m.ust disclO8e <<Idly the natuTe of your conf1i~c. in the meaaur~ befote participating.
. You must complete the fann and 61. it within 15 days sft.or the vate occura: with the person responsible for t'8~dint: the
minute. of the m..ting. who mtUt incorporate the form in the minutes. A eopy of the form mug be prcYidod immediately to the
other memben of the .ncy, and tho fonn muat be nad publicly al tha naxt meeting ~ tha farm ia mod.
I, -:SF-f~E'l
DiSClOSURE OF LOCAL OFFICER'S INTEREST
(l'\ 0 ~ E:f.LO...;l
hereby diseloce that on
-:Ju NtC ~
i9~~
(0) A mouuro C8lIWl or wm oome before my "Ceney whieh (ehoclr. one)
inured to my ~al private gain or tON;
_ inured to the special ~n or '0l58 <<my business a5ltOCililta,
_ inund to the apedal gain or los, of my "Iative,
~inurod to the special gain or 1_ of o..ppl,'c4.ttf'
whom I am retained; or
inured to the opeeial pin ...1_ of
is the porent oqraniJation or INbcridiary of a principal which has retained. me.
(b) The mculIre berM. my agency and. the nature of my ~onflicting interost in d1e mea.sure is lIS fol1owlii:
by
, which
H~l""l.. 3b
~-l./-o"Z. ~ V
DataFiMd ~Ilf/C~
NanCE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317. A FAILUllE TO MAKE IlNY llEQU1llED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
DlPEACHMENT. REMOVAL OR SUsPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN
SAIARY.1lEPRIMAND, OR A CML PENALTY NOT TO EXCEEf> $10,000.
CE FORM 8B - REV. 1/95
PAGE 2
FORM 88. MEMORANDUM OF VOTING ,CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAM.E--l'IRST N~DLE HAItI: NAJaR arBOAllD, COUNCIL, ~ON.AtnHOBITY. OB COIOll'ITEE
l..CW -:JEF N\. Co. to(V '.
KA1lJNO ADO 1llE BOARD, COUNCIl. COMMlllSlOH, .wTllOIUTY OR CONlollTl'E& ON
W. Q.OU Ti Lti~ ~II1C'- WHlCHISCRV!;TSAUHlTOF'
cOUN'Q' crdfy CJOOUNT1' ClOlllltaLOCALAGENCY
I!.A R- "3~ go i .:hA-Oc HA>4BOFPOUTICALSUBOmIDON, fr
0Arl!: ON WHICH V01'E 0CClIUEIl Q.I fI.( 0 f1\JE:lJru It
ON IS:
~D'2-. C Qo-I;&J:fl...J:. C APPOINTIVE
WHO MUST FILE FORM 88
"IliliI fOl'1D i. for use by any person _MnC at ehe <<)unty. city, or other local level of gov.rnment on an appointed or .Jected board.
c...ncil. commi.oion, allthonty, or <XmIJIlittee. It appU.. equally to memben of ad.;oory and non-advisory bodi.. who are preaen~d
with a voting _flirt ofintere.. unMr s..ticn 112.3143. Florida Stootute..
Your reepcnajbilitMi. undrr the law when ta.c.d with voting on . measure in which you haw a conflict of interest will very greatly
d.penmng on whetheT you hold an .leetive or appointive position. For this reuof\, please pay aoee ..ttention to the instruction" OT'
dli. form before eompl.t:ing the nver.. oide and filing tho form.
INSTRUCTIONS FOR COMPLIANCE WITH SECnON 112.3143. FLORIDA STATUTES
A penon holding e\ediWl or appointivo county, municipal. or other local public office MUST ABSTAIN from yotin&, on .a ma4j;Ul'8
which inllre8 to hie or her special privat8 gain or loss. Each el.cted or appomted loeal otfi~r also is prohibited from knowingly yotine
on a meuure which inure. to the special lain or loa of a principal (other than a government ae:ency) by whom he at' ..he is retained
(indudiDK' the parent organization or auJ:J.idiary of. corporate principal by which he or eh. i. retained); to the special private gain or
Iou d. a Nl.tive; or to the .pedal privar. gain 01: lon r:L a bune.. ..8OCi.to. CommiuioMl8 of commu.nity T8development agencies
uncIer s.e. 163.356 or 163.367, F B.. and of&con or independent opeCal ..,. c1i.trieto alooted on a 000-...... ona-vote bui. are not pro-
billlted !\-om voting in that capacity.
P... plll'pOOl. of thi. law, a ....lativ.. ineluM. cnIy the aftieor'. fathor. mother. IOn. t1aUllbtor. huoband, wife, brother, Biotar, fathoro
in-law. mother-in-law, IOI'I-in-law. and dauchter..fn-law. A "'bullineee Meoeiate-1Jl.8IU\8 any penon or .ntity enppd in or canying on
a bull..... .nterprl.. with the officer .. & ~. jaint V6nturer. eoaWDlll' <I p:operty. or corpon.te ohareholcler (wh8re the .haree of
the carpontioa ..... noc1iatacl on any national or ncional """,k e>o:hanp)o
a
.
a
a
.
.
.
.
.
.
.
.
.
.
.
.
ELECTED OFFICEllS:
In.cIclition to abataining &- votmc in tho situation. cleacribed abov.. you muot diod..e the eonfIict:
PRIOR TO THE VOTE BEING TAKEN by public:ly otating to the ........bly the nature rL your intarest in tho measure on
wbidI you are abataininc CnIm votiac; and
WITHIN 15 DAYS APTER THE VOTE OCCURS by oomplatinc ancl filine thi. fonn with .he penon .....ponaible for racorcling
the minuteo at the _ne. who ohaulel i.-porala tho fonn in the mlnutao. '
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
APPOIN'l'ED OFFICERS:
You muat oh.tain trom voting anel di..1oae tho conniet in tho oitualiona cleaeribecl above and in lhe manll8r dooxribed for .1eetacl offi.
cers. In GI"d8r to participate in th... raattllrll. you mUlt diaclO&ll tho natuTe oCthe conflict hefon making any attempt to infl\lenCAl tho
dacioiOll. wheth.r orally... in writing and wh.ther made by yoll or at your _on.
IF YOU INTEND TO MAKE ANY ATl'EMPl' TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WILL BE TAKEN:
. You muot eomplete and file thii form (\>of.,.. ",eking any attempt to influenee the decioion) with the pe,."on rooponsible for
reeording the minutes ol the meeting, who will iru:arporate the form ip the minutes.
. Aeopy rL.he form mllot be providood immediately to the other memben or the ageney.
. The farm muot be road publicly at the non ",eeting an.r the farm i. filecl.
CE FOR.... 88 - REV. '/95
PAGE'
IF YOU MAKE NO A'l'TEMPl' TO INFLUENCE THE DECISION EXCEPT BY OISCUSSION AT THE MEETINC:
You muat dillelOfM or-.11y the nature of your conflia in the measur~ before partieipat::iDg.
. You must CQmpl.te the form. and 61. it within 16 daYII aftor the vote GCeUr- with the penon responsibl_ for l"~ding the
minute. of the m..ting. who mutt ineorpar.~ the form in the minutes. A copy of the fonn muat be providQd immediately to tha
ol:har memben of thAI arency. and thAI form must be rwoad publicly at the next meeting o./'t.er the fonn is m.d.
DiSClOSURE OF LOCAl OFFICER'S INTEREST
1.~mt::'1 (Y\o -Pt:-"R.L...Cu.J hllrebydiocl_thAlton :ru~c4
~~":
(a) A malUlUre C8IlWl or will came berore my "Ceney which (check one)
in\lI'ed to my lIJ*:ial private gain or 1011I8;
inured to the epecial gain or 1088<< my businoss aSlJCXiata,
inured to the .,.cial gain or 1015. 0( my relative,
inurod to the opeeial gain or 1_ af
wham I al1l Tetained; or
inured to thAI ..,.oal pin <w I.... of
is tM parent OTg1U1iz.ation or IUbeidiary of a princ:ipal whieh bas retainad me.
(b) The meuure before my agency and the natun of my conflicting interost in dle measure is iLB follow,:
by
. which
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L.nrER- Dr
Ho.SPI-fflL. ~ /l11=-:blCflL C.I::)ST~I€...
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~~
. tore t,
Date Fil....
NanCE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317. A FAILURE TO MAKE ~ REQUIllED DISCLO-
SORE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
Doa'EACHMENT, llEMOVAL OR SUSPENSION FROM OFFICE OR EMPLOnmNT. DEMOTION, REDUCTION IN
SAU.RY. REPlUMAND, OR A CML PENALTY NOT TO EXCEED $10,000.
CE FORM BB - REV. 1/95
PAGE 2
The ()y tI
AVeotura
.
MINUTES
COMMISSION WORKSHOP MEETING
JUNE 13,20029:30 AM
Aventura Government Center
19200 W _ Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 9:35 a.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka,
City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
1. CHARTER SCHOOL MANAGEMENT AGREEMENT/2002 FINANCING UPDATE:
Mr. Soroka introduced representatives of Charter Schools USA, CEO Jonathan
Hage and Michael Strader, and City's school consultant, Kathy Wilbur and then
explained the proposed agreement and addressed concerns of the Commission.
Finance Support Services Director Harry Kilgore discussed proposed financing
program update for 2002
CITY MANAGER SUMMARY: Staff to review concerns expressed by Commission
prior to July 2, 2002 Commission meeting. Consensus to proceed with financing
program as proposed by staff.
2. HOTEL DEFINITION: Mr. Wolpin discussed the proposed ordinance.
CITY MANAGER'S SUMMARY: Consensus to add provision to prohibit
circumvention of 90-day stay provision and address on first reading at July 2, 2002
Commission meeting.
3. LOBBYIST ORDINANCE (Commissioner Cohen): Commissioner Cohen suggested
amendments to current Lobbyist ordinance and introduced Robert Myers, Director of
Miami-Dade County Ethics Commission.
CITY MANAGER'S SUMMARY: Consensus to defer further discussion until such
time as Miami-Dade County addresses amendments to the County lobbyist
regulations. Staff to provide Commission with copy of Key Biscayne's Cone of
Silence ordinance and proposed amendments to County Code for discussion at July
Workshop Meeting.
4. CAMPAIGN FINANCE ORDINANCE (Commissioner Cohen): Commissioner
Cohen suggested adopting regulations concerning limitations on campaign
contributions.
CITY MANAGER SUMMARY: Consensus for City Attorney to prepare legislation
for state law limiting campaign contributions for proposal to county League
Associations and to be included in next Legislative priorities.
50 TERM LIMITS Commissioner Cohen: Commissioner Cohen suggested Charter
amendment for November ballot eliminating term limits.
CITY MANAGER SUMMARY: Consensus to take no action. City Attorney to offer
assistance to a potential petition drive in the manner that assistance has been
provided in such matters in the past.
Mayor Perlow disclosed a potential conflict of interest as to item 6 and left the meeting
at this time.
60 NE 188TH STREET RE-ZONING - INCENTIVE PACKAGE 2: Stanley Price, Esq.,
addressed the Commission requesting modifications to existing provisions of the
RMF3B regulations on Thunder Alley
CITY MANAGER SUMMARY: Consensus not to approve request.
Mayor Perlow returned to the meeting at this time.
7. PROPOSED TOWN CENTER LDR REVISIONS: Cliff Schulman, Esq., and Doug
Hoy, representing the Related Group, addressed the Commission requesting a
modification to the Town Center ordinance.
CITY MANAGER SUMMARY: Consensus to proceed.
At the request of the Economic Development Advisory Board, consensus to amend
ordinance establishing this Board to provide for a quorum of 7 and any action taken
requires at least 7 affirmative votes.
8. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 2:10 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2002.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
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.
2
AGENDA ITEM 6.B
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF STUART WERNER TO THE CITY OF
AVENTURA ECONOMIC DEVELOPMENT ADVISORY
BOARD IN ORDER TO FILL A VACANCY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-151 provides for the creation of the Economic
Development Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter
the City Commission wishes to provide for approval of the Mayor's appointment of
members to the Economic Development Advisory Board; and
WHEREAS, there presently exists a vacancy in the thirteen-member Board due
to the removal of Leonard Brenner, and this Commission wishes to promptly fill that
vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of Stuart Werner to serve as a member of the Economic Development Advisory
Board to fill the vacancy created by the removal of Leonard Brenner.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner . who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 2nd day of July, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
Jul 30 01 02:1Sp
p.2
.L"
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0<.~_ ~,< S.~Gl;
CITY OF AVENTURA
APPLICATION FOR
ECONOMIC DEVELOPMENT ADVISORY BOARD
Applicants must either own, operate or be the CEO, head corporate officer in a branch located within the
City or be the Executive Director 01 a not-Ior-prolit organization ola business within the corporate limits of
the City. be a resident of the City presently retired who has extensive experience in business or marketing
and not more than 2 members may be residents who are not retired. but have extensive experience in
business or marketing.
Name of Applicant:
Address: 2.&<., B/
$T'v 4 /2..\
L. vJ~I2..,..jEe..
(Please Print)
E. c:LJvAJ7'IZ.'j C-L.vf3. DR-,
Home Phone: 3..r q 3 r $;"SS",$ Email Address: :5 t... w@ $'TN. <:::0"'"
Business Name: S-rrJ, I tV c.- Occupation: CoJol ~ 112- (\> A ,..J
t.JN11
IsO 2,...
Business Address: F.4 LL-S CoM "'a..GU) V A
Business Phone: 30~ q 33 7020
Fax: 305:" 1.33 7trb8
If Retired, list former business name. address and pOSition:
Qualifications:
(Brietly describe the specific expertise and/or abilities you can contribute as a member of this Soard.)
PI.. E 4 S E
See
A T i~cJ.l~-O
Please attach a resume along with your application.
I understand that in accordance with the State of Florida Government in the Sunshine
Law, this information may be made public. I understand that all board appointments are
for voluntary, uncompensated seNices and I will be subject to the requirements of the
~ r;:t Fi ~e Requirements. '7 /2 :5/6 I
Signature of Applicant Date
Fax or Mail completed application & reSume to:
Office of the City Manager
Government Center
19200 West Country Club Drive, Aventura, FL 33180
(305) 466-8910 (305) 466-8919 Fax
STUART L. WERNER
Apartment 1502
20281 E. COlUltry Club Drive
A ventura, FL 33180
Home (305) 931,5558
Office (305) 933-7020
Fa." (305) 933-7028
Mr. Werner has owned a home in Aventura since 1989. and moved permanently to Hamptons West in 1999. He
formerly lived all his life in the Metropolitan Washington, DC area.
He graduated from Rensselaer Polytechnic Institute in 1954 where he was awarded a Bachelor of Architecture degree.
He was elected to the Tatt Beta Pi Honorary Society. He was a member of Phi Sigma Delta social fraternity.
1955 - 1957
He served two years in the US Army as an officer in the COlUlter Intelligence Corps.
1959 - 1972
He fOlUlded and headed an architectural, city planning, and engineering firm, Werner-Dyer and Associates. The
award-winning firm designed hlUldreds of commercial, industrial and residential buildings arolUld the United States.
1968 - 1981
He fOlUlded Wemer + Associates, Inc, a computer/engineering company that developed the first comprehensive
computerized maintenance system. It has become the world standard for managing and controlling the maintenance
of facilities. It was used by the State Department to maintain US Embassies arolUld the world. It was used by scores
of Fortune 500 companies; and by hlUldreds of hospitals, universities, office buildings, and manufacturing,
government, institutional and commercial facilities.
1980 - 1983
Werner + Associates was acqnired by ~ Services, Inc, in 1980. Mr. Werner served as a sector vice president of
the parent company lUlti11983.
1981 - present
Mr. Werner fOlUlded STN, Inc. This company is a premier computer systems firm, 'having provided computer
services, programs, hardware, networking. internet connectivity and consulting to a broad spectrum of clients,
including the Supreme Court of the United States, Wa1rnart, Inc, the US Army, the US Navy and NASA.
In 1999, he retired as president, and currently serves as Chairman of the Board of STN, Inc.
Mr. Werner is a licensed Architect in 3 States. He is a member of the American Institute of Architects, and a senior
member of the Institute of Industrial Engineers.
He is past president of the Washington, DC Jaycees and a lifetime JCI Senator. He served as a committee chairman
for the Washington Board of Trade for three years. He was a member of the USA Standards Institute committee on
Industrial Engineering Tenninology. He served on the National Plant Operations Committee of the Textile Rental
Services Association where he headed the task force on productivity. He is a 32"" degree Mason.
He has been honored in Outstanding Y OlUlg Men of America, Who's Who in the East; Who's who in Finance and
Tnnl1dn,. W'hn'l:' 'UJhn;n rnmnnt",...c:o. ':1T\n Ulhn'c Ufhn in flu> Wn...lr1
Mr. Werner served for six years on the Board of Watergate South, his residence for 22 years in Washington, DC.
Watergate South is a 250 unit Cooperative building, one of 3 in the Watergate complex. He headed the Building and
Architectural Conunittee throughout that period. Among his accomplishments during his tenure was the correction
of the serious cracking of the hall ceilings; the implementation of reserve funds instead of assessments; negotiations
with Washington Gas Light to upgrade the central plant chillers; funding of this project without an assessment; and
oversight of their installation. Mr. Werner's suggestions led to the resolution of the "pet problem" to the satisfaction
of all residents. He solved the serious ventilation problems experienced throughout the building. He implemented the
installation of the access doors to the fan-<:oil units, solved the freezing problems which were common before his watch.
This million dollar project to over 1,000 of these units in the building again was done without an assessment
Mr. Werner is currently on the Board of Directors of the Hamptons West Condominium where he is active in various
major building renovation projects.
He has written many articles on, and has spoken at numerous conventions and seminars on maintenance. energy
conservation, productivity, computers and management. He is a lecturer, teacher and the author of a book on a
computer database management program.
Since 1990, he has been married to Davideen Werner. Between them. they have 6 growo children and 7 grandchildren.
Davideen is chairman of the card room renovation project for Hamptons West, and is active in Aventura Tumberry
Jewish Center.
Mr. Werner's other interests include boating, opera, wines and bicycling.
September 23, 2001
U:\wdp\resume.wpd
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Commission
BY: Antonio F. Tomei,
DATE: June 7, 2002
SUBJECT: Bid Noo 02-06-07-2, Biscayne lake Gardens Area Drainage
Improvements
July 2, 2002 City Commission Meeting Agenda Item " c..
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 02-06-07-2, Biscayne Lake Gardens Area Drainage Improvements to the
lowest responsible and responsive bidder, Southeastern Engineering Contractors, Inc.
for the price of $400,904.00. This project is included in the Capital Improvements
Program and current year's budget.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on June 7, 2002. The City received four (4) bids for this
project. The bids submitted are as follows:
Southeastern Engineering Contractors, Inc.
Metro Equipment Services, Inc.
Ocean Bay Construction, Inc.
APAC-Florida, Inc.
$400,904.00
$460,850.00
$482,676.60
$813,026.00
The project provides for the following improvements:
. Connects the public roads adjoining Biscayne Lake Gardens with on site lake
drainage that will be connected to the positive outfall tying into the existing
drainage trunk line on NE 203rd street and onto NE 30th Avenue.
. Provides NE 29th Avenue with a positive outfall tying into the existing drainage
trunk line on NE 203rd street.
City Commission
July 2, 2002
Page 2
The improvements are required as the existing finished floor elevations are very low,
and together with NE 29th Place, were susceptible to flooding during severe and
consecutive storm events. The project will complete construction of the North Aventura
Stormwater Collector.
If you have any questions or need any additional information, please feel free to
contact me.
AFT
Attachments
RESOLUTION NOo 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NOo 02-06-07-2, BISCAYNE LAKE GARDENS AREA
DRAINAGE IMPROVEMENTS, TO SOUTHEASTERN ENGINEERING
CONTRACTORS, INC. AT THE BID PRICE OF $400,904.00.
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATEo
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly solicited and accordingly
accepted bids for BID NO. 02-06-07-2, Solo Construction Corporation; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Southeastern Engineering Contractors,
Inc., has submitted the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 02-06-07-2, Biscayne Lake Gardens
Area Drainage Improvements, is hereby awarded to Southeastern Engineering
Contractors, Inc. in the amount of $400,904.00.
Resolution No.2002-_
Page 2
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
Storm Water Utility Fund Line Item Number 410-5001-538-6306
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
, who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No.2002-_
Page 3
PASSED AND ADOPTED this 2nd day of July, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
.'
'.
SECTION 00410
BID FORM
THIS BID IS SUBMITTED TO:
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
BID FOR: Biscayne Lake Gardens / N.E. 29th Place Drainage Improvements
BID No: 02-06-07-2
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The
City of Aventura in the form included in the Contract Documents to perform and furnish all Work as specified
or indicated in the Contract Documents. for the Contract Price and within the Contract Time indicated in this
Bid and in accordance with the other terms and conditions of the Contract Documents.
I. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid
Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening.
BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by
the Bidding Requirements within ten days after the date of City's Notice of Award.
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged.)
Addendum No.
Addendum No.
Addendum No.
Addendum No.
/
~~'?IQ~
Dated:
Dated:
Dated:
Dated:
(b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Law and Regulations that in any manner may
affect cost, progress, performance or fumishing of the Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings
of physical conditions.
(d)
BIDDER has obtained and carefully studied (or assttmes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (c) above) which pertain to the subsurface or
physical conditions at the site or otherwise may affect the cost, progress, performance, or
furnishing of the Work at the Contract Price, within the Contract Time and in accordance with
the other terms and conditions of the Contract Documents, and no additional examinations.
investigations, explorations, tests, reports or similar information or data are or will be required
by BIDDER for such purposes.
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Biscayne Lake Gardens / N.E. 29~ Place Drainage Improvements
City of Aventura Bid No. 02-06-07-2
CT&A Project No. 01-0103.009
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II
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II
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II
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II
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II
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.
(e)
BIDDER has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports or similar information or
data in respect of said Underground Facilities are or will be required by BIDDER in order to
perfonn and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other tenns and conditions of the Contract Documents.
(I) BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the tenns and conditions of the Contract
Documents.
(g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by Consultant is
acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person.
firm or corporation and is not submitted in confonnity with any agreement or rules of any
group, association, organization, or corporation; BIDDER has not directly or indirectly
induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not
solicited or induced any person, finn or corporation to refrain from bidding; and BIDDER has
not sought by collusion to obtain for itself any advantage over any other BIDDER or over the
City.
3.
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the
Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and
when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to
reflect any deviation from the Schedttle Of Values, except to the extent that the City changes the scope
of Project after the Contract Date.
As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and
services necessary to provide a complete in place Project for the Bid Price of:
"z;;V/Z ~AJ d~ ~d~.MJJ~
M4I~ 7.,.wA~ a ?-- ;;::;;V~ dollars and
- cents LUMP SUM
(Written Total Bid Price - From Schedule Of Values)
BIDDER agrees that the work will be complete in full within 180 calendar days from the date
stipulated in the Notice to Proceed.
Biscayne Lake Gardens I N.E. 29" Place Drainage Improvements
City of A ventura Bid No. 02-06-07-2
CT&A Proiect No. 01-0103.009
Item
2
3
4
5
6
7
8
9
10
11
12
13
14
15
SCHEDULE OF VALUES
FOR LUMJ> SUM
CONTRACT
GENERAL REQUIREMENTS
Quantity Description
Mobilization
448 Provide and Install 24" RCP Drainage
Culvert
372 Provide and Install 30" RCP Drainage
Culvert
264
Provide and Install 60" RCP Drainage
Culvert
2
Provide and Install 4 'x8' Drainage Structure
Provide and Install 3.5'x6' Drainage
Structure
2
Provide and Install 4' Diameter Drainage
Structure
Provide and Install 5' Diameter Drainage
Structure
Provide and Install Concrete Headwall
3
Provide and Install Frame & Grate for
Existing 29th Place Retention Pond
Structure.
Provide and Install Baffle Weir / PRB
1200
Clean Existing Drainage Facilities
Clean and Re-drill Existing Drainage Well
Reconstruct Retention Pond Bank in Vicinity
of Existing Overflow Structure
40
Traffic Control Officer
Biscayne Lake Gardens / N.E. 29lh Place Drainage Improvements
City of A ventura Bid No. 02-06-07-2
CT&A Project No. 01-0103.009
004.10 _ 4
L.S.
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L.F.
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Unit
Unit Price Exteoded Co,t
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Addendum No. I
May 29. 2002
BID SUMMARY
TOT AL VALUE OF THIS BID
$
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If BIDDER is:
AN INDIVIDUAL
By:
(SEAL)
(Individual's Name)
doing business as:
Business address:
Phone No:
Facsimile No:
Biscayne Lake Gardens I N.E. 29~ Place Drainage Improvements
City of Aventura Bid No. 02-06-07-2
CT&A Proiect No. 01-0103.009
I
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4.
Communications concerning this Bid shall be addressed to:
'"I
Southeastern Engineering ContractOrs, Inc.,
BIDDER:
Address:
120S4 N.W. S6th A,en"o, 11i.I.a" Said."., FL 33e1~
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?cf'~~;::~e
Telephone
Facsimile Number
Attention:
s.
The tenns used in this Bid which are defined in the General Conditions of the Construction Contract
included as part of the Contract docttments have the meanings assigned to them in the General
Conditions.
SUBMlTTED THIS DAY
("" "V"';- -,?'~
V ~ S. L-, 20 t::P 2- .
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Biscayne Lake Gardens / N.E. 29- Place Drainage Improvements
City of Aventura Bid No. 02-06-07-2
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SIGNATURE PAGE FOR A CORPORATION
By:
Southeastern Engineering Contractors, Inc~
~oration J:ame)
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(State of Incorporation)
gd,2)~..../.,.)~~ ~
(Name ofPerson~:o Sign)
(Title)
By:
(Corporate Seal)
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Attest:
Business address:
(President)
12G~4 rtw. 93th Avenue, Hialeah Gardens, FL3301~
Phone No: ~ r~7~~6 Facsimile No: ~&>..s. ~ ~? i- ...{ CO ~
Biscayne Lake Gardens I N.E. 29'h Place Drainage Improvements
City of A ventura Bid No. 02-06-07-2
CT&A Project No. 01-0103.009
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Commission
DATE: June 11,2002
SUBJECT: 2001/02 FY Budget Amendment Ordinance - Stormwater Utility Fund
1st Reading July 2,2002 City Commission Meeting Agenda Item to D
2nd Reading July 18, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance
amending the Stormwater Utility Fund of the 2001/02 FY Budget. The total fund was
reduced by $1,292,326. The revisions have eliminated the need to borrow $2,100,000
to fund drainage projects.
BACKGROUND
The attached amendments include the following revisions:
Revenues
1. Recognizes $1,230,000 in state grant funds for N.E. 188th Street and N.E.
30th Avenue Drainage Improvements.
2. Eliminates the need to acquire $2,100,000 from loan proceeds to fund
projects.
3. Adjusts carryover figure by $422,326 to reflect actual revenues from prior
fiscal year.
Expenditures
1. Revised Drainage Improvement line item to $2,606,238 to reflect actual
project costs based on contract awards:
. N.E. 18Sth Street $1,200,000
. Biscayne Lake Gardens $401,000
Memo to City Commission
Page 2
. N.E. 30th Avenue $925,238
. Miscellaneous Drainage Improvements $80,000
2. Capital Reserve was reduced by $498,326 to $22,693.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
ee01 087-02
ORDINANCE NO. 2002"_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2001/2002 FISCAL YEAR BY REVISING THE
2001/2002 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support SeNices Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2001/2002 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2001-13, which Ordinance adopted a budget for the 2001/2002 fiscal
year, by revising the 2001/2002 budget as set forth on the attached Exhibit "A", which
exhibit is deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2002-
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
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. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was
seconded by Vice Mayor
and upon being put to a vote, the vote was
as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 2nd day of July, 2002.
2
Ordinance No. 2002-_
Page 3
PASSED AND ADOPTED on second reading this _ day of
.2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
3
EXHIBIT A
Budget Amendments
Stormwater Utility Fund - 410
_1.
ADOPTED
BUDGET
OBJECT
coor (;A11!OOR'f
Revenues
Interaovernmental Revenues
State Grant
SUBTOTAL
Misc. Revenues
Loan Proceeds
SUBTOTAL
Non -Revenue
Carryover
SUBTOTAL
Total Amendments-Revenues
Expenditures
CommunitY Services - 572
6306 Drainage Improvements
SUBTOTAL
Non-DeDartmental - 590
Capital Reserve
SUBTOTAL
Total Amendments-Expenditures
z001102
AMENDED
AMOUNt
2,100,000
$ 2,1011,000
1,120,697
$ 1,120,191
3,400,236
$ 3,illlO,238
521,019
$ !l2M11
$
(2,1oo,000!
(2,1011,001I)
$
(422,3261
(422,316)
$ (1,2112,316)
$
(794,000)
(794.000) .
$
(498,3261
(498,316)
$ (1,292.3261
2001/02
REVISED
BUDGET
o
$
;o;i'
$
698,371
lllI8,371
2,606,238
$ 2,8011,231
$
22,693
22,1193
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM:
DATE: June 6, 2002
SUBJECT: Resolution Authorizing xecution of Management Agreement for the
Aventura Charter Elementary School
July 2, 2001 City Commission Meeting Agenda Item ~
RECOMMENDA110N
It is recommended that the City Commission authorize the execution of the
Management Agreement for the Aventura Charter Elementary School between the City
and Charter Schools USA, Inc. The revisions discussed at the June workshop meeting
have been incorporated in the document
BACKGROUND
Resolution No. 2001-50 selected the firm of Charter Schools USA, Inc., in association
with Charter Schoolhouse Developers, Inc., to design, build, operate and maintain a
charter elementary school and authorized the City Manager to negotiate the terms and
fees for said services. On October 2, 2002 the City Commission authorized the
execution of the Planning Agreement for start-up services. That Planning Agreement
expires on June 30, 2003, and will be replaced by the Management Agreement on July
1, 2003, to operate the school once it opens.
Attached is the Management Agreement (Agreement) that has been negotiated with
Charter Schools USA, Inc. (CSUSA). The Agreement provides for operating
requirements, including the following components:
· Education Management - Curriculum, Accountability, Testing and Sustainable
Performance; Parent Activities; and Extracurricular Program/Activities
. Deve/opment and Operations Management - Public Relations; Contract
Administration; Cafeteria Management and Food Service; Transportation;
Student Recruitment, Registration and Enrollment; Staff Recruitment; State,
Local and School Board Compliance; Annual Report and School Improvement
Plan; and Records Retention; Public Records and Insurance.
Memo to City Commission
Page 2
. Financial Management - Annual Budget; Fund Raising Activities; Grants;
Accounting, Budgeting & Financial Reporting; Audits; and Monthly Progress
Reports.
. Facilities Management
· Human Resources Management - Administrator and Teacher Evaluation and
Assessment; Training and Professional Development; Personnel Administration,
Employee Benefits, and Personnel Policies and Procedures; and Payroll
Administration
. Technology Management
The Agreement is for a five (5) year period. It is an extensive Agreement that
incorporates the requirements contained in the RFP and the response documents.
Importantly, the Agreement emphasizes performance criteria. In fact, a portion of the
management fee is performance based and failure to obtain anyone of the
performance criteria outlined in Section 5.7 of the document is cause for the City to
terminate the Agreement. The Agreement has been reviewed by the City Attorney's
office and Kathi Wilbur of Creative Land Development Services.
The major points of the Agreement are as follows:
1. The documents filed in response to RFP #01-06-01-02, the approved Charter
School Application and the Charter School Contract have been incorporated
in the documents.
2. Expires on June 30, 2008.
3. Establishes minimum performance criteria, that are summarized in Table I,
attached hereto.
3. Requires monthly written progress reports and financial statements.
4. Based on input from CSUSA , the City will be responsible for purchasing the
furniture, fixtures, equipment, books and supplies for the school.
5. The principal will be hired by the City in concurrence with CSUSA and
remain on the City's payroll but will be accountable to CSUSA.
6. All other school employees will be provided by and be employees of CSUSA.
7. The original RFP outlined a 14% management fee. Based on our
negotiations with CSUSA, we have developed a fee structure that includes a
base fee and additional fees that can be earned for meeting certain goals
and performance criteria. The Base Fee for year 1 is 13%, years 2 and 3 is
11 %, and years 4 and 5 is 10%. In addition, based on incentives and
provided that all performance criteria outlined in Section 5.7 are met,
additional fees can be earned. The following chart indicates how the fee
structure contained in the Agreement will be implemented:
Memo to City Commission
Page 3
Management Fee Structure
YEAR 1 2 3 4 5
Base Fee 13% 11% 11% 10% 10%
Incentive Fee:
Parent Survey - Students feel 0.5% 0.5% 0.5% 0.5% 0.5%
safe; 80%-Yr. 1; 90%-Yr. 2+
Parent Survey -Student will re- 0.5% 0.5% 0.5% 0.5% 0.5%
enroll; 80%-Yr. 1; 90%-Yr. 2+
Florida A+ Plan rating = "A" 0 1% 1% 1% 1%
5 point gain - Reading. 0 0.5% 0.5% 0.5% 0.5%
10 point gain - Math 0 0.5% 0.5% 0.5% 0.5%
Max. Mgmt. Fee 14% 14% 14% 13% 13%
The following outlines other incentives that CSUSA may earn:
· Ten percent (10%) of all revenues received from sources other than the
County, State or Federal funds normally associated with the operation
and development of a school and that are directly attributable to
CSUSA's efforts.
· In any year that a land reimbursement payment exceeds the land
reimbursement payment specified for that same year in the Management
Agreement Documents, then an amount equal to five percent (5%) of this
excess shall be payable to CSUSA
8. All employment agreements provide for the immediate assignability to the
City in the event the Agreement is terminated.
9. Provides for default provisions.
10. May be terminated with or without cause.
The Agreement may be terminated with cause or for non-performance for the
following reasons:
a Failure for CSUSA to account for its expenditures or to pay operating
costs; failure to follow the policies, procedures, rules, regulations or
curriculum as adopted by CSUSA
b. The failure to obtain anyone of the performance criteria in Section 5.7
of the Agreement, shall be cause for the City to terminate the
Agreement with cause, unless CSUSA, within thirty (30) days from
receipt of written notice from the City, presents and agrees to
implement an action plan, acceptable to the City Manager, detailing
the actions to be taken by CSUSA to raise the performance level to
Memo to City Commission
Page 4
acceptable standards, provided however that the revocation of the
Charter by the Chartering Entity, shall be cause for the City to
terminate with cause, without providing CSUSA an opportunity to cure.
The Agreement may be terminated without cause for the following reasons:
a. Changes in Federal, State of local law policy, rule or appropriations
which would materially impact the ability to design, build, operate or
maintain the Charter School in conformance with the Management
Agreement Documents. Such changes could include, but not be
limited to, a charter school capital outlay funds appropriation that does
not provide for the Charter School to receive funding substantially in
accordance with the Management Agreement Documents, or a
modification that would substantially impact the ability to limit the
enrollment process to target the children of the City.
b. By the City, at any time and for any reason or no reason, upon six (6)
months days advance written notice.
11. Establishes the requirements and procedures for the transfer of functions and
documents from CSUSA in the event the Agreement is terminated.
12. Addresses the issue of proprietary information.
13. Incorporates City charter language, whereby because the school is treated
as a City department, neither the City Commission nor its members shall give
orders to CSUSA, its employees or employees of the City Charter School
Department, either publicly or privately. Recommendations for improvements
in Charter School operations by Commissioners shall be made solely to and
through the City Manager.
14. Provides for the subordination of a portion of fees to the operating expenses
and the debt service on the debt incurred by the City for the acquisition,
design, construction, and development of the Charter School Facility, in any
year where there is a shortfall in total revenues (operating and capital
outlay), unless an amended balanced budget based on the reduced
revenues and in substantial conformance with the terms and conditions of the
Agreement, can be prepared by CSUSA
I want to take this opportunity to thank Kathi Wilbur and CSUSA for providing valuable
assistance in the preparation of this innovative document that provides a strong
foundation for the operations of the new charter elementary school.
If you have any questions, please feel free to contact me.
EMS/aca
Memo to City Commission
Page 5
Attachment
CC01085-02
Memo to City Commission
Page 6
Table 1
Perfonnance Criteria
Education Manaaement.
1. For the first year of operation, the Charter School shall attain the following:
a) Reading - 70% of student test scores will improve by ten (10)
percentage points on the Comprehensive Test of Basic Skills (CTBS).
b) Reading - 70% of student test scores will improve by ten (10)
percentage points on the CTBS or norm-referenced/criterion-referenced test
administered by the Charter School over the first test administration in the fall of year 1.
c) Reading - Students in grades 3 - 5 will gain a year's growth in a years
time as measured by CSUSA's criterion referenced tests, teacher made assessments
and student portfolios.
d) Mathematics - The average test score by grade will improve by ten
(10) percentage points on the CTBS or norm-referenced/criterion -referenced test over
the first administration of the test.
e) Mathematics - Students in grades 3 - 5 will gain a year's growth in a
years time as measured by CSUSA's criterion referenced tests, teacher made
assessments and student portfolios.
20 For each year of operation, the Charter School shall attain the following:
a) All students will maintain a portfolio demonstrating and charting
improvement and mastery of skills required at that grade level. This portfolio will be part
of the Personal Learning Plan (PLP) that is the compendium of parent, student and
teacher conferences. Each PLP will establish academic goals for each individual
student in relation to hislher performance and progress.
b) The median percentile by each grade level for the Reading and
Mathematics subtests of the State or Chartering Entity-required norm-referenced test
shall be no lower than three (3) percentile points below those median percentiles
achieved by the Miami-Dade County Public Schools that the students of the CITY
would otherwise attend based on established attendance boundaries (currently,
Highland Oaks and Ojus Elementaries). This section will be automatically amended on
an annual basis to include additional subtests required by the State or Chartering
Entity-required norm-referenced tests, if any.
c) Beginning in Year 2, the State of Florida A+ Plan Grade shall be no
lower than a "B".
Memo to City Commission
Page 7
d) Meet the requirements delineated in Florida State Board of Education
Administrative Rule 6A-1.09981, Implementation of Florida's System of School
Improvement and Accountability, as may be amended from time to time.
Development and Operations Manaaement.
10 The number of enrolled students shall be 95% of the number of students allowed
under the Charter.
2. The year-to-year student retention rate shall be 80% from the 2003-04 school year
to the 2004-05 school year, 85% from the 2004-05 school year to the 2005-06 school
year, and 90% for each year-to-year period thereafter. The year-to-year student
retention rate shall be determined by expressing the number of students who were
enrolled in the Charter School at both the beginning of the earlier school year and at
the beginning of the subsequent school year as a percentage of the number of students
who were enrolled in the Charter School at the beginning of the earlier school year. For
purposes of retention rate calculation, a student shall not be included in either the
earlier or subsequent enrollment counts if helshe has left the school for non-causal
reasons, as determined by an exit survey. Non-causal reasons shall be: a change of
residence, change in transportation requirements, articulation beyond the fifth grade,
repeated discipline issues or expulsion. The exit survey to be used shall be approved
by the City Manager.
3. The percentage of parents who on the Parent Survey agree or strongly agree to the
statement that "I would recommend the Charter School to a friend" is 80% in year 1 and
90% each year thereafter.
Financial Manaaement.
1. The Charter School Annual Budget is substantially in conformance with the
Management Agreement Documents. The proposed Charter School Annual Budget
shall specifically include an amount to be reimbursed to the CITY for the cost of the
Site that is no less than the amount identified in the Management Agreement
Documents, and shall maintain the amount of Total Salaries andlor Total Salaries as a
percent of Total Revenues substantially in accordance with the Management
Agreement Documents.
20 CSUSA shall operate the Charter School within the Charter School Annual Budget,
as approved by the Aventura City Commission.
30 The Charter School shall complete the year with no deficits.
Memo to City Commission
Page 8
4. The audits required by State Law and the Charter shall indicate that the financial
statements are presented fairly and that tests of compliance with laws and regulations
and consideration of the internal control over financial reporting disclose no instances
of non-compliance, nor any material weaknesses.
Facilities Manaaement.
1. Subject to the terms and conditions of any Charter School Maintenance Agreement,
the percentage of parents who on the Parent Survey agree or strongly agree to the
statement "The school buildings and grounds are clean and well maintained" is 90%.
Human Resources Manaaement.
1. The amount paid for Total Salaries and/or Total Salaries as a percent of Total
Revenues shall be substantially in accordance with the Management Agreement
Documents.
2. Class size and student/classroom teacher ratios shall be maintained throughout the
school year at 20:1 for Kindergarten and 25:1 for Grades 1 through 5. Any vacancy in a
classroom teacher position that results in an increase to the student/classroom teacher
ratio shall be filled with a permanent qualified teacher as soon as possible, provided
however, that no such vacancy shall remain unfilled by a permanent qualified teacher
for more than four weeks from the date of the vacancy, unless authorized by the City
Manager, unless the lack of such authorization would contradict applicable local, state
or federal law.
30 CSUSA shall make every reasonable effort to insure that the experience level of the
Charter School's instructional staff shall be substantially distributed such that at least
1/3 are categorized as "Veterans" (teachers with more than 7 years of teaching
experience) and at least 2/3 are categorized as "Veteran" or "Mid-Level" (Teachers with
three to seven years of teaching experience). In determining experience levels,
advance degrees and other relevant work experience may be considered. If the
experience levels of the Charter School's instructional staff are not substantially in
compliance with this section, CSUSA shall provide reasonable documentation and
information to the City Manager detailing the recruiting efforts that were made to attract
experienced instructional staff, explanations and/or special circumstances and actions
planned to achieve substantial compliance with this section.
40 Beginning in the third year, the year-to-year retention rates for permanent staff and
for classroom teachers, excluding staff or teachers dismissed for cause and as adjusted
for mobility, shall be 80%.
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
MANAGEMENT AGREEMENT FOR THE AVENTURA
CHARTER ELEMENTARY SCHOOL BETWEEN THE CITY
OF AVENTURA AND CHARTER SCHOOLS USA, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATEo
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 the attached
Management Agreement for the Aventura Charter Elementary School between the City
of Aventura and Charter Schools USA, Inc.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 2nd day of July, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MANAGEMENT AGREEMENT
among
CHARTER SCHOOLS USA, INC.,
and
CHARTER SCHOOLS USA AT AVENTURA, L.C.,
and
CITY OF AVENTURA
for the
AVENTURA CHARTER ELEMENTARY SCHOOL
TABLE OF CONT~TS
1. Recitals
2. Definitions
3. Term
4. Charter School
5. Services to be provided by CSUSA
6. Responsibilities of the City
7. Cooperation
8. Additional Mutual Obligations
9. Charter Schools Funding Resources
10. Management and Incentive Fees
11. Insurance
12. Indemnification
13. Default
14. Termination of this Agreement
15. Transfer of Functions Upon Termination
16. Entire Agreement
17. Assignments
18. Further Assurances
19. Relationship of Parties
20. Interpretations
21. Time of the Essence
22. Binding Effect
23. Notices
24. Headings
25. Severability
26. Waivers
27. Outside Business
28. Third Parties
29. Jurisdiction and Venue
30. Enforcement Costs
31. Remedies Cumulative
32. Contracts and Subcontracts
33. Counterparts
34. Governing Law
35. Proprietary Information
36. Sale or Transfer of interest in CSUSA
37. Additional Audits
38. Police/Regulatory Powers
3
3
4
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4
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26
26
27
28
30
31
31
31
31
31
32
32
32
33
33
33
34
34
34
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35
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37
MANAGEMENT AGREEMENT FOR THE AVENTURA
ELEMENTARY CHARTER SCHOOL
THIS MANAGEMENT AGREEMENT (the "Agreemenr) is made and entered into as
of the _ day of , 2002, by and among CHARTER SCHOOLS USA, INC., a
Delaware corporation; CHARTER SCHOOLS USA AT AVENTURA, L.C., a Florida limited
liability company (collectively "CSUSA"); and CITY OF AVENTURA ("CITY"), a Florida
municipal corporation.
WIT N E SSE T H:
WHEREAS, the CITY issued RFP #01-06-01-2 to design, build, operate and
maintain a Charter Elementary School for the City of Aventura at the site currently known
as the Tempest Parcel, at 3333 N. E. 188th Street, Aventura, Florida hereinafter referred to
as the "Site"; and
WHEREAS, after extensive review of the submittal by City staff, staff recommended
that CSUSA in association with Charter Schoolhouse Developers, Inc., be selected to
design, build, operate and maintain a Charter Elementary School for the City of Aventura;
hereinafter referred to as "Charter School"; and
WHEREAS, CSUSA has associated with Charter Schoolhouse Developers, Inc.
(hereinafter referred to as "DEVELOPER"), for the design, construction and development
of the Charter School Site and Facility, hereinafter referred to as "Facility"; and
WHEREAS, at the July 3, 2001, City Commission meeting, the Commission
approved a Resolution selecting the firm of CSUSA in association with the DEVELOPER,
to design, build. operate and maintain a Charter Elementary School for the CITY and
authorized the City Manager to negotiate the terms and fees and finalize agreements
necessary to implement said Resolution; and
WHEREAS, the CITY has entered into the DEVELOPMENT AGREEMENT FOR
THE DESIGN AND CONSTRUCTION OF THE AVENTURA ELEMENTARY CHARTER
SCHOOL FACILITY between CHARTER SCHOOLHOUSE DEVELOPERS, INC. and THE
CITY OF AVENTURA For AVENTURA CHARTER ELEMENTARY SCHOOL (hereinafter
referred to as "Development Agreement"), and the PLANNING AGREEMENT among
CHARTER SCHOOLS USA, INC., and CHARTER SCHOOLS USA AT AVENTURA, L.C.,
and CITY OF AVENTURA for the AVENTURA CHARTER ELEMENTARY SCHOOL
(hereinafter referred to as "Planning Agreement") to assist in the acquisition of the Charter
and to plan, design and develop the Charter School; and
WHEREAS, it is in the best interests of the CITY to enter into a Management
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Agreement (hereinafter referred to as "Agreement") with CSUSA, to develop, organize,
manage, staff, operate and maintain the Charter School upon the termination of the
Planning Agreement; now, therefore,
IN CON SID ERA liON of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
10 Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be
a part hereof.
2. Definitions. Wherever used in this Agreement, the following terms have
the meanings indicated which are applicable to both the singular and plural thereof:
2.1 Aareement - The written agreement between CITY and CSUSA
covering the Services to be performed, including the Management Agreement Documents,
as hereinafter defined, and that are attached to this Agreement or made a part thereof.
2.2 CITY - The City of Aventura with whom CSUSA has entered into the
Agreement and for whom the Services are to be provided.
2.3 City Manaaer - The City Manager or his designee (hereinafter
referred to as " City Manager") of the City of Aventura, who has the authority on behalf of
the CITY to grant or deny approvals and perform the CITY's responsibilities required by this
Agreement.
204 Manaaement Aareement Documents - The Management Agreement
Documents consist of the Certificate(s} of Insurance, all applicable provisions of State,
Federal, Chartering Entity or local laws, ordinances, regulations, rules or policies
(incorporated herein by reference), including the State Uniform Building Code for Public
Educational Facilities Construction and the State Requirements for Educational Facilities
(hereinafter referred to as "SREF"), as incorporated into the Florida Building Code,
including Chapter 423; the RFP Response (as hereinafter defined), the Charter School
Application for the Charter School as approved by The School Board of Miami-Dade
County, Florida (hereinafter referred to as "Chartering Entity") on December 12, 2001
(hereinafter referred to as "Charter Application"), the Charter School Contract (hereinafter
referred to as "Charter") approved by the Chartering Entity on April 17, 2002 and any
additional documents which are required to be submitted under this Agreement, and all
amendments, modifications and supplements issued or to take effect on or after the
Effective Date of the Agreement.
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2.5 CSUSA - Where CSUSA is indicated as the responsible party to
perform an obligation pursuant to this Agreement, the parties acknowledge and agree that
Charter Schools USA, Inc. and Charter Schools USA at Aventura, L. C. shall have joint and
several liability and responsibility to perform such obligation.
2.6 Effective Date of the Aareement - The effective date of this
Agreement shall be July 1, 2003, provided however, that this Agreement shall not become
effective:
2.6.1 Until the execution of the Charter with the Chartering Entity, or
2.6.2 If the Planning Agreement is terminated pursuant to Planning
Agreement Sections 15.1, 15.2.3, 15.2.5, or 15.2.6.
2.7 Services - Those activities that must be performed to organize,
manage, staff, operate and maintain the Charter School as set forth in this Agreement.
2.8 RFP Response - The June 1, 2001 submittal by Charter Schools
USA, Inc. in association with DEVELOPER in response to RFP #01-06-01-2 to design,
build, operate and maintain a Charter Elementary School for the City of Aventura, which is
hereinafter incorporated by reference, and as further represented or clarified by Charter
Schools USA, Inc. to the CITY during the selection process.
2.9 Written Amendment - A written amendment of the Agreement and/or
the Management Agreement Documents, signed by CITY and CSUSA to take effect on or
after the Effective Date of the Agreement.
3. Term. The CITY agrees to contract with CSUSA, and CSUSA agrees to be
contracted with, for the purpose of providing the Services, including the organization,
management, staffing, operation and maintenance of the Charter School in accordance
with the terms of this Agreement. The term of this Agreement shall commence as of the
Effective Date of this Agreement and shall terminate on June 30, 2008, unless terminated
earlier pursuant to the provisions of this Agreement, subject to any further obligations
(including payment obligations) of the parties that survive termination.
4. Charter School. The Charter School shall be an elementary school
commencing in the 2003-2004 school year. CSUSA shall operate the Charter School in
accordance with the Charter, and all applicable federal, state, local and Chartering Entity
laws, ordinances, rules and regulations.
5. Services To Be Provided Bv CSUSA. CSUSA's fees hereunder shall
compensate it for the performance of the Services for the organization, management,
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staffing, operation, administration, maintenance and reporting of the Charter School. Any
funds required or expenditures to be made by CSUSA in the performance of these
responsibilities shall be substantially in conformance with the Management Agreement
Documents and the approved Charter School Annual Budget (as hereinafter defined). It is
the specific intent of the parties that the costs associated with CSUSA's management
responsibilities (and fees), shall not be shifted from CSUSA into the Charter School's
operating budget. Responsibilities of CSUSA shall include, but are not limited to, the
following areas:
5.1 Education Manaaement.
5.1.1 Curriculum. Accountability and Testina and Sustainable
Performance. CSUSA shall:
5.1.1.1 Plan, implement, and oversee a curriculum for the
Charter School that incorporates the performance-based Florida Sunshine State
Standards and complies with the Management Agreement Documents.
501.1.2 Provide for appropriate programs for Exceptional
Student Education (ESE) students and Limited English Proficient (LEP) students,
implemented in accordance with federal and state laws, local policies and procedures, and
the Management Agreement Documents.
5.1.1.3 Administer all standard tests to the students that are
required by law, Chartering Entity policy and the Management Agreement Documents.
CSUSA shall ensure that students at the Charter School participate in all assessment
programs in which the Chartering Entity's students in comparable grades/schools
participate.
5.1.1.4 Administer all required tests in a timely fashion
consistent with the State's and Chartering Entity's testing schedule and in conformance
with the State's and Chartering Entity's policies and procedures related to test security and
test administration. CSUSA shall ensure that the Charter School's testing administrator
attends all test administration training sessions provided by the Chartering Entity and shall
follow all Florida Department of Education Testing Guidelines specified in the Test
Administration Manuals, as well as, the District Standards for Test Administration and
Security.
501.1.5 Evaluate the Charter School's success in achieving the
objectives stated in the Management Agreement Documents and the School Improvement
Plan on at least an annual basis.
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5.1.1.6 Be responsible for the Charter School's compliance with
the requirements delineated in Florida State Board of Education Administrative Rule 6A-
1.09981, Implementation of Florida's System of School Improvement and Accountability,
as may be amended from time to time.
5.1.1.7 Ensure that the Charter School's program is consistent
with the state education goals established by Florida Statute 229.591(3).
5.1.1.8 Make every reasonable effort to ensure that student
performance increases from year to year, assess the possible reasons for such
performance and take all reasonable steps to enable the students to continually progress
and improve their academic performance. CSUSA shall be required to meet or exceed all
performance criteria as set forth in the Management Agreement Documents and perform to
the satisfaction ofthe CITY, as herein after defined in Section 5.7.
5.1.2 Parent Activities.
5.1.2.1 Through the Charter School, CSUSA shall coordinate
and oversee all organized parental involvement. In addition, CSUSA shall establish and
work with the approved School Advisory Board and any parent-teacher organization to be
established for the purposes of furthering the goals of the Charter School. CSUSA shall
provide assistance in the establishment and coordination of parent, teacher and student
organizations.
5.1.2020 A Parent Survey substantially similar to that attached
as Exhibit "A" shall be conducted in the spring of each year.
5.1.3 Extracurricular Proaram/Activities. On an annual basis and
after consultation and review with the CITY, CSUSA shall determine the extracurricular
programs/activities that will be offered at the Charter School for the subsequent school
year, and shall include any anticipated revenues and costs associated with such
extracurricular program/activities in the Charter School Annual Budget. Said
extracurricular programs/activities shall include, but are not limited to, before and after
school programs/activities at the Charter School, unless otherwise determined by the
CITY. The fees charged for such extracurricular programs/activities shall be approved by
the City Manager and be customary and consistent with local practice and applicable law.
Funds collected for such extracurricular programs/activities shall be segregated in a
separate Charter School account until CSUSA provides the CITY with all necessary and
appropriate documentation supporting the funds collected and costs incurred. Funds
collected that are in excess of the costs incurred for such extracurricular
programs/activities shall be shared equally between CSUSA and the Charter School.
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50104 Summer School. After consultation and review with the CITY
and in the event that the Chartering Entity agrees to implement and fund a summer school
program at the Charter School, CSUSA shall coordinate, manage, staff and operate the
summer school program. CSUSA shall prepare and submit to the CITY a Charter School
Summer Budget, that shall be reviewed and modified, as necessary, by the City Manager
and be approved by the Aventura City Commission in accordance with Section 5.3.1.
Funds received for the summer school program shall not be included for the purposes of
calculating or determining the base Management Fee or Incentive Fees delineated in
Section 10. CSUSA shall be entitled to a separate Summer School Management Fee for
the performance of its summer school responsibilities in an amount equal to 8.5% of
summer school revenues. The Summer School Management Fee shall be subordinate to
the operating expenses incurred by the Charter School for the summer school program.
CSUSA shall implement, manage, staff and operate any summer school program in
accordance with the Management Agreement Documents.
502 Development and Operations Management.
5.2.1 Public Relationso CSUSA shall coordinate, cooperate and
work with the City Manager's Office as to all official public relations for the Charter School
including, without limitation, community outreach, press releases and media relations. All
media relations initiated by CSUSA, including press releases, shall require the prior written
approval of the City Manager. Press releases shall contain the name of the CITY and its
seal as designated by the City Manager. Where media contact to CSUSA is not initiated by
CSUSA, CSUSA shall notify the City Manager.
5.2.2 Contracted Services and Contract Administrationo
5.2.2.1 Contract Administration. CSUSA shall
coordinate, negotiate and administer those contracts for necessary uses or services to be
performed or provided by third parties or the CITY and which must be entered into by the
Charter School during the term of this Agreement to ensure the efficient operation of the
Charter School. Said contracts shall comply with the provisions of Section 32 of this
Agreement and said contracts and services shall comply with all applicable federal, State,
local and Chartering Entity laws, ordinances, rules and regulations.
5.2.2.2 Cafeteria ManaGement and Food Service. In
accordance with the Management Agreement Documents, CSUSA shall be responsible for
contracting, in compliance with the provisions of Section 32 of this Agreement, with public
or private entities or individuals for the provision of food service and shall provide
management services for the Charter School's cafeteria which enables the Charter School
to comply with all applicable federal, state, local and Chartering Entity, laws, ordinances,
rules, and regulations and the Charter regarding the provision of food service to all
students attending the Charter School. The costs associated with such service shall be
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included in the approved Charter School Annual Budget and paid for from the Charter
School Fund. The City shall serve as the food service Sponsor as defined by the Florida
Department of Education (DOE) for the purpose of filing an application with the DOE to
participate in the National School Lunch Program (NSLP). Once approved, the Sponsor
shall ensure that all federal guidelines and procedures are followed with regard to the
administration of NSLP as outlined by the United States Department of Agriculture and
DOE. The Sponsor shall appoint a designee to be responsible for maintaining student
applications and processing monthly reimbursements through the DOE. CSUSA shall
assist in the preparation of the NSLP application and distribution of student applications.
CSUSA shall assist the Sponsor in the collection of data to be provided in accordance with
NSLP policy and procedure.
50202.3 Transportationo CSUSA shall be responsible for
contracting, in compliance with the provisions of Section 32 of this Agreement, with public
or private entities or individuals for the provision of transportation, in accordance with the
Management Agreement Documents. The costs associated with such services shall be
included in the approved Charter School Annual Budget and paid for from the Charter
School Fund.
5.2.3 Student Recruitment. Reaistration and Enrollment.
5.2.3.1 CSUSA shall conduct marketing, public relations and
recruitment efforts throughout the CITY in order to attract a sufficient pool of applicants to
achieve and maintain the targeted student population of the Charter School. Such efforts
will include informational meetings to inform interested parents of the mission of the
Charter School, the registration process and required contractual obligations.
5.2.3.2 CSUSA shall ensure that the Charter School's
enrollment and registration processes are in compliance with Florida Statutes and the
Management Agreement Documents. As permitted by Florida Statute, CSUSA will give
preference to children of CITY residents.
50204 Staff Recruitment. CSUSA shall conduct marketing, public
relations and recruitment efforts to target well-qualified and enthusiastic administrative
personnel, teachers and staff in order to attract and employ sufficient Charter School
personnel to maintain staffing and experience levels, class sizes and studenUclassroom
teacher ratios in accordance with the Management Agreement Documents.
5.2.5 State. Local and School Board Compliance.
502.5.1 Coordination with the Charterina Entitv.
CSUSA shall be responsible for coordinating any and all activities of the Charter School
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with the requirements of the Chartering Entity and for complying with all reasonable
requests of the Chartering Entity regarding the Charter School.
5.2.5.2 Compliance with Applicable Law. CSUSA
acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's
expertise in the business of developing, organizing, managing, staffing, operating and
maintaining charter schools in the State of Florida and with the Chartering Entity. CSUSA
shall be responsible for ensuring that the Charter School complies with all applicable
federal, state, local and Chartering Entity laws, ordinances, rules and regulations. The
CITY agrees to negotiate in good faith with CSUSA and pay such additional sums as are
necessary to enable the Charter School to comply with all applicable federal, state, local
and Chartering Entity laws, ordinances, rules and regulations which are enacted
subsequent to the Effective Date of this Agreement, unless however, the CITY elects to
terminate this Agreement pursuant to Section 14.
50206 Annual Report and School Improvement Plan.
5.2.6.1 CSUSA shall prepare and submit an annual report to
the CITY by August 5th of each year. The annual report shall include the following
sections:
(a) Section 1 shall be those components of the Annual Report
required by Florida Law and the Charter and shall include, but shall not be limited to,
pertinent financial reports; performance reports, including the Charter School's progress
toward achieving the goals outlined in the Charter; information required in the. annual
school report pursuant to Section 229.592( 1), F. S.; financial records of the Charter School,
including revenues and expenditures; salary and benefit levels of the Charter School's
employees; recap of previous school year and plans and projections for the upcoming
school year and shall be in accordance with the Charter, and
(b) Section 2 shall include, but shall not be limited to, the
additional reports and information required by this Management Agreement, as may be
amended from time to time, including, but not limited to the documentation, information and
reports (including measurement methodology and assumptions), necessary to determine
the Charter School's compliance with the minimum performance criteria pursuant to
Section 5.7 and CSUSA's eligibility for Incentive Fees pursuant to Section 10.2.
Upon approval of the Annual Report by the Aventura City Commission, CSUSA shall
ensure that Section 1 is submitted to the Chartering Entity in a timely manner consistent
with the Charter.
5.20602 Each year, at least three weeks prior to the due date
established by the Chartering Entity (currently the 3rd Monday in September), CSUSA shall
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provide the City Manager with a School Improvement Plan, in accordance with the
Management Agreement Documents, that will contain the measurable objectives that will
be pursued by the Charter School during that school year. The measurable objectives
specified in the School Improvement Plan shall be substantially as indicated in the
Management Agreement Documents unless otherwise authorized by the CITY. CSUSA
shall ensure that the School Improvement Plan is submitted to the Chartering Entity in a
timely manner consistent with the Charter.
5.207 Records Retention: Public Records.
5020701 CSUSA shall provide, protect, preserve, transfer and
maintain both active and archival records for currentlformer students in accordance with
Florida Statutes and the provisions of the Charter.
5.2.7.2 CSUSAshall provide, protect, preserve, and maintain all
books, records and related documents of or affecting the Charter School that are not
proprietary to CSUSA (the "Public Records"), pursuant to the provisions of the Charter and
Chapter 119, F.S. as amended from time to time.
5.2.7.3 In the event of termination of this Agreement, CSUSA
shall, pursuant to Section 15, deliver any and all Public Records in its possession to the
CITY within thirty (30) calendar days of such termination.
5.2.8 Insurance. CSUSA shall ensure that the Charter School
complies with all insurance requirements set forth in this Agreement, the Management
Agreement Documents and those required by the Chartering Entity. The costs associated
with such insurance shall be included in the approved Charter School Annual Budget and
paid for from the Charter School Fund; provided, however, that CSUSA's corporate
insurance requirements as outlined in Section 11 of this Agreement herein, shall be
separate and distinct from the insurance requirements of the Charter School.
The liability policy to be obtained by CSUSA will provide liability coverage for all
Services and programs at the Facility provided, offered or held by CSUSA All insurance to
be obtained by CSUSA will be with financially responsible insurance companies licensed
to do business in the State of Florida with a rating of AAA; will name as insureds CSUSA
and CITY, as their respective interests may appear; and will require written notice of any
cancellation or change to be sent to CSUSA and CITY at least thirty (30) days prior to
cancellation termination or material change. Within five (5) days of the Effective Date,
CSUSA will deliver to the CITY copies of all insurance certificates and policies required
under this Agreement, along with receipts evidencing payment the premiums for such
insurance. CSUSA shall also provide the CITY with the foregoing information relative to
the renewal of any required insurance policy prior to the expiration of any such policy.
Each insurance policy required to be obtained by CSUSA under this Agreement must also
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provide that the insurer waives all rights of subrogation which the insurer might have
against CITY. CSUSA acknowledges and agrees that the insurance required by this
Agreement and any proceeds paid in connection with any claim thereunder shall in no way
limit CSUSA's responsibilities and liabilities as set forth in this Agreement.
503 Financial Manaaement.
5.3.1 Annual Budaet. CSUSA shall prepare and submit to the
CITY a detailed annual budget (on a modified cash basis) (the "Charter School Annual
Budget") by May 1, of each year. The budgets shall be substantially in accordance with the
Management Agreement Documents and shall include, as appropriate, the total number of
student stations for the coming academic year, all capital purchase requests, debt
repayments and/or cash loans required, operating revenues and operating expenditures
for the respective school year. The proposed Charter School Annual Budget shall
specifically include an amount to be reimbursed to the CITY for the cost of the Site that is
no less than the amounts identified in the Management Agreement Documents. Further,
the proposed Charter School Annual Budget shall maintain the amount of Total Salaries
and/or Total Salaries as a percent of Total Revenues substantially in accordance with the
Management Agreement Documents.
The Charter School Annual Budget shall be reviewed and modified, as necessary, by the
City Manager. The parties shall work cooperatively together on any and all budgetary
matters and issues prior to the submission of the proposed budget to the Aventura City
Commission. The parties agree that it is the intent of this provision that they jointly
prepare and submit a balanced budget and that any and all budgetary issues and matters
be resolved between CSUSA and the City Manager prior to the Aventura City
Commission's review and consideration of same.
The final agreed proposed Charter School Annual Budget shall be
submitted to the Aventura City Commission for approval no later than May 15 of each
year. CSUSA is responsible for and shall maintain a balanced financial budget at all times
during the term of this Agreement. CSUSA shall ensure that the Charter School Annual
Budget is submitted to the Chartering Entity in a timely manner consistent with the Charter.
CSUSA shall operate within its approved Charter School Annual Budget, as approved by
the Aventura City Commission. Budget amendments shall be processed in accordance
with current CITY procedures in conjunction with the City Manager. The City Manager shall
have final approval to forward any budget amendments to the City Commission.
5.3.2 Fund Raisina Activities. CSUSA shall be responsible for fund
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raising activities on behalf of the Charter School, during the term of this Agreement, and
CSUSA and the CITY shall coordinate and cooperate with such fund raising efforts.
5.3.3 Grants During the term of this Agreement, CSUSA shall
actively and aggressively pursue grants and other funding sources and resources subject
to the prior written approval of the City Manager for the application of same. For purposes
of this section "grants and other funding sources and resources" shall be defined as funds,
services or supplies procured by CSUSA other than FTE, PECO, or other County, State or
Federal funds that are normally associated with the operation and development of a
charter school. Notwithstanding the above, CSUSA shall be responsible for preparing not
less than two (2) grant applications per calendar year during the term of this Agreement.
The CITY and/or CSUSA, with mutual agreement, may apply for and receive grant money
in the name of the other party.
5.3.4 Accountina. Budaetlna & Financial Reoortlna. CSUSA shall
perform all accounting, financial management, and reporting functions for the Charter
School as required under the Charter and in accordance with Generally Accepted
Accounting Principles including, without limitation, approving and paying all approved
costs of the Charter School, making deposits related to the Charter School, recording
amounts due to the Charter School and recording accounts payable. CSUSA shall be
responsible for ensuring that the Charter School's accounting records and procedures
clearly establish for each asset whether it was purchased with public funds (other than
CITY funds) or non-public funds, so that only the appropriate assets will revert to the
ownership of the Chartering Entity in the event the Charter is not renewed or is terminated.
CSUSA shall not commingle its corporate funds with the funds of the Charter School.
CSUSA shall prepare and submit to the CITY monthly financial statements for the Charter
School within twenty (20) days after the end of the preceding month. These monthly
financial statements shall include a balance sheet and a statement of revenues and
expenditures and changes in fund balance reflecting the Charter School's monthly and
year -to-date activity for both budget and actual activity. CSUSA shall ensure that quarterly
financial statements are submitted to the Chartering Entity in a timely manner and in
accordance with the Charter.
CSUSA shall additionally ensure the preparation of an annual financial report as of June
30th of each year. These reports shall include a complete set of annual financial
statements and notes thereto, prepared in accordance with Generally Accepted
Accounting principles and as required by the Charter. CSUSA shall ensure that the
required annual financial statements are prepared in a timely manner and shall provide the
Unaudited Statements to the City Manager no later than August 5th of each year and the
Audited Statements no later than September 1st of each year. Additionally, a cumulative
listing of tangible personal property, fixtures and improvements of a non-consumable
nature purchased with public funds as defined in the Charter, shall be submitted yearly
with the annual audited financial statements. Upon authorization of the City Manager for
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the Unaudited Statements and authorization of the Aventura City Commission for the
Audited Statements, CSUSA shall ensure that the Unaudited and Audited Statements are
submitted to the Chartering Entity in a timely manner consistent with the Charter.
5.3.5 Audits. CSUSA shall accommodate all required audits of the
Charter School and shall ensure the availability of office space, telephone and copying
equipment, and access to all school records and source documents. The cost of audits
required by State Law and the Charter shall be included in the approved Charter School
Annual Budget and paid from the Charter School Fund.
CSUSA shall ensure that required audits are performed in accordance with the Charter
and provided to the City Manager in a timely manner no later than September 1 st of each
year. At the CITY's option, the required audits may be performed by the CITY's auditors,
provided that such audits are performed in accordance with the Charter and provided to
the City Manager in a timely manner no later than September 1st of each year. Upon
authorization of the Aventura City Commission, CSUSA shall ensure that the annual audit
is submitted to the Chartering Entity in a timely manner consistent with the Charter.
503.6 Monthlv Proaress Reports CSUSA shall submit monthly
written reports, in a form substantially as indicated in Exhibit "B', detailing the progress
and achievements of the Charter School for the prior month to the City Manager. These
progress reports shall be transmitted with the monthly financial statements.
5.4 Facilities Manaaement.
5.4.1 The parties acknowledge that the CITY is currently constructing
a Community Recreation Center (the "Center"), on property adjacent to the Site. This
Center will include a gymnasium that will be available for use by the Charter School. It is
the intent of the parties to enter into a separate Shared Use Agreement that will specify the
respective rights and responsibilities of the parties for the Charter School's use of the
Center and the CITY's use of the Facility.
5.5 Human Resource Manaaement.
5.5.1 Pavroll Administration. CSUSA shall prepare, maintain,
administer, and report all payroll of CSUSA's employees hired to work at the Charter
School, including, without limitation, processing and issuing all checks, maintaining all
reports and payroll records and filing all necessary forms and returns, including worker's
compensation compliance, unemployment insurance compliance, withholding and social
security taxes and all tax and other forms relating to employment as may be required by
any federal, state or municipal authority during the term of this Agreement. All payroll and
other financial or operational records for the Charter School shall be segregated and
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separated from all other CSUSA payroll records and shall be reported in a manner
allowing the payroll costs to be traced directly to the financial expenditures of the Charter
School. CSUSA shall deposit such payroll taxes as may be required by the Internal
Revenue Service for the payment of payroll taxes for the employees referenced herein. All
penalties incurred by reason of late filing, failure to file or failure to pay shall be borne by
CSUSA and shall be the sole obligation and responsibility of CSUSA.
5.5.2 Personnel Administration. Emplovee Benefits. and
Personnel Policies and Procedures. CSUSA shall recruit and employ sufficient qualified
personnel to operate the Charter School (as is necessary and appropriate during the Term
of this Agreement), including without limitation, administrators, teachers, clerical, cateteria,
and other staff to enable CSUSA to operate the Charter School in conformance with the
Management Agreement Documents. CSUSA shall also recruit qualified personnel for the
Charter School Principal, who shall be selected by mutual agreement between CSUSA and
the City Manager and shall be an employee of the CITY. The CITY agrees, with the
cooperation and involvement of CSUSA, to establish a job description, salaries and
benefits for the Charter School Principal. The parties agree that the Charter School
Principal shall be accountable to CSUSA for the day-to-day operations of the Charter
School and for carrying out the mission of the Charter School based on the goals and
objectives as stated in the Management Agreement Documents. CSUSA shall have the
right, at any time, to make recommendations to the City Manager regarding disciplinary
matters, including possible termination, of the Charter School Principal. The City Manager
will consider such recommendations of CSUSA and act in accordance with his
responsibilities as City Manager. CSUSA shall provide such other personnel as CSUSA, in
its sole judgment, determines is necessary to properly operate the Charter School. CSUSA
shall determine, in its sole discretion, the benefits that will be provide to such personnel
and shall administer the provision of such benefits. Any and all employment agreements
shall provide for the immediate assignability to the CITY, at its option, upon the expiration
of the term of this Agreement or in the event that this Agreement is terminated as provided
herein. CSUSA shall provide the CITY with copies of all employment agreements to ensure
they comply with the foregoing.
In order to attract and compensate teachers and administrators necessary to achieve the
performance criteria set forth in this Agreement, CSUSA agrees that, in the event
additional funds are necessary to attract and compensate such teachers and
administrators, as determined by CSUSA after consultation with the City Manager, CSUSA
shall commit such funds from its Management Fee as are necessary to accomplish this
goal.
The parties acknowledge that the school personnel are crucial to the operation of the
school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude
personnel from working their required and designated days and hours. Additionally,
CSUSA shall use its best efforts to prevent work stoppages caused by the absence of
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14
school personnel. The parties further acknowledge that the CITY shall be irreparably
harmed should school personnel fail to work their required and designated days and hours
for such reasons as labor and/or economic disputes. In the event of such work stoppages,
the CITY shall be entitled to seek any available legal or equitable remedies, including, but
not limited to, injunctive relief from a court of appropriate jurisdiction, to best protect the
interests of the CITY incident to its obligation to provide education for the students of the
Charter School. CSUSA shall ensure that all personnel that it employs for the Charter
School are subject to the terms of this paragraph.
5.503 Trainina and Professional Development. CSUSA shall be
responsible for the training and continuing education of its educational faculty, including
the Charter School Principal, administrators, and State of Florida certified teachers
associated with the Charter School. CSUSA shall additionally be responsible for
implementing and monitoring professional development activity requirements applicable to
the Charter School's administrative and instructional personnel. Insofar as is possible,
CSUSA shall ensure that the Charter School's teachers are encouraged to participate in
professional development opportunities sponsored by the Chartering Entity in order to
increase teachers' content knowledge and pedagogy.
5.5.4 Administrator and Teacher Evaluation and Assessment.
CSUSA shall ensure that the Charter School implements an Administrator and Teacher
Evaluation and Assessment system in accordance with the Management Agreement
Documents.
506 Technoloav Manaaement.
5.6.1 Management Information Svstems. On behalf of the Charter
School, CSUSA, at its sole discretion, shall determine the Management Information
System ("MIS") to be utilized at the Charter School, provided however, that such MIS will
comply with the terms of this Section and the Management Agreement Documents. CSUSA
shall, in coordination and cooperation with the CITY and in accordance with Sections 6.2
and 6.3 of this Agreement, design, order, purchase, install, implement and administer a
MIS for the Charter School, consistent with the Charter School's purpose and goals. This
system, in conjunction with the applications required by the Chartering Entity, shall include
business applications that meet, on an ongoing basis, any and all Federal, State, County,
CITY, or Chartering Entity reporting mandates, applicable for the Charter School or the
CITY. At a minimum the following functions shall be provided: Cash Receipts, Records
Management, Payroll/Personnel, General ledger, Purchasing, Accounts Payable,
Accounts Receivable/Billing, Fixed Assets, Admissions, Scheduling, Registration, Records,
and Reporting. The City Manager, with reasonable notice to CSUSA and except as
provided for in Chapter 119, F.S., shall have full and unlimited access to the Charter
School-based MIS system with assistance from a representative of CSUSA. Upon
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15
termination of this Agreement, all hardware, software, business applications (including
password and configuration information) and other intellectual property purchased by the
CITY shall remain the property of the CITY. The MIS system shall be and remain the
property of the CITY, except as proprietary to CSUSA as set forth in this Agreement.
Responsibility for maintaining all data and records stored and used by the Charter School
shall be with CSUSA and shall be in accordance with the Charter. The cost associated with
any design, license, implementation, and administration shall be included in the approved
Charter School Annual Budget and paid from the Charter School Fund.
5.7 Performance Criteria.
following minimum performance criteria:
The CITY and CSUSA shall agree to the
5.7.1 Education Management.
5.70101 For the first year of operation, the Charter School shall
attain the following:
a) Reading - 70% of student test scores will improve by
ten (10) percentage points on the Comprehensive Test of Basic Skills (CTBS).
b) Reading -70% of student test scores will improve by
ten (10) percentage points on the CTBS or norm-referencedlcriterion-referenced test
administered by the Charter School over the first test administration in the fall of year 1.
c) Reading - Students in grades 3 - 5 will gain a year's
growth in a years time as measured by CSUSA's criterion referenced tests, teacher made
assessments and student portfolios.
d) Mathematics - The average test score by grade will
improve by ten (10) percentage points on the CTBS or norm-referenced/criterion -
referenced test over the first administration of the test.
e) Mathematics - Students in grades 3 - 5 will gain a
year's growth in a year's time as measured by CSUSA's criterion referenced tests, teacher
made assessments and student portfolios.
5.7.102 For each year of operation, the Charter School shall
attain the following:
a) All students will maintain a portfolio demonstrating and
charting improvement and mastery of skills required at that grade level. This portfOlio will
be part of the Personal Learning Plan (PLP) that is the compendium of parent, student and
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teacher conferences. Each PLP will establish academic goals for each individual student in
relation to his/her performance and progress.
b) The median percentile by each grade level for the
Reading and Mathematics subtests of the State or Chartering Entity-required norm-
referenced test shall be no lower than the median percentiles achieved by the Miami-
Dade County Public Schools that the students of the CITY would otherwise attend based
on established attendance boundaries (currently, Highland Oaks and Ojus Elementaries).
For purposes of this section, the standard measurement of error for the norm-referenced
test shall be three (3) percentile points. This section will be automatically amended on an
annual basis to include additional subtests required by the State or Chartering Entity-
required norm-referenced tests, if any.
c) Beginning in Year 2, the State of Florida A+ Plan
Grade shall be no lower than a "B".
d) Meet the requirements delineated in Florida State
Board of Education Administrative Rule 6A-1.09981, Implementation of Florida's System of
School Improvement and Accountability, as may be amended from time to time.
5.7.2 Development and Operations Managemento
5.70201 The number of enrolled students, as defined in Section
10, shall be 95% of the number of students allowed under the Charter.
50702.2 The year-to-year student retention rate shall be 80%
from the 2003-04 school year to the 2004-05 school year, 85% from the 2004-05 school
year to the 2005-06 school year, and 90% for each year-to-year period thereafter. The
year-to-year student retention rate shall be determined by expressing the number of
students who were enrolled in the Charter School at both the beginning of the earlier
school year (October enrollment period) and at the beginning of the subsequent school
year (October enrollment period), as a percentage of the number of students who were
enrolled in the Charter School at the beginning of the earlier school year (October
enrollment period). For purposes of retention rate calculation, a student shall not be
included in either the earlier or subsequent enrollment counts if he/she has left the school
for non-causal reasons, as determined by an exit survey. Non-causal reasons shall be: a
change of residence, change in transportation requirements, articulation beyond the fifth
grade, repeated discipline issues or expulsion. The non-causal identifiers may be reviewed
annually and revised by mutual agreement between CSUSA and the CITY. The exit survey
to be used shall be approved by the City Manager; whose approval shall not be
unreasonably withheld.
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5.7.2.3. The percentage of parents who on the Parent Survey
agree or strongly agree to the statement that "I would recommend the Charter School to a
friend" is 80% in year 1 and 90% each year thereafter.
5.7030 Financial Management.
5.7.3.1. The Charter School Annual Budget is substantially in
conformance with the Management Agreement Documents. The proposed Charter School
Annual Budget shall specifically include an amount to be reimbursed to the CITY for the
cost of the Site that is no less than the amount identified in the Management Agreement
Documents, and shall maintain the amount of Total Salaries and/or Total Salaries as a
percent of Total Revenues substantially in accordance with the Management Agreement
Documents.
5.7.3.2. CSUSA shall operate the Charter School within the
Charter School Annual Budget, as approved by the Aventura City Commission.
5.7.3.3. The Charter School shall complete the year with no
deficits.
5.7.3.4. The audits required by State Law and the Charter shall
indicate that the financial statements are presented fairly and that tests of compliance with
laws and regulations and consideration of the internal control over financial reporting
disclose no instances of non-compliance, nor any material weaknesses.
5.7.4 Facilities Management.
5.7.4.1 Subject to the terms and conditions of any Charter
School Maintenance Agreement established pursuant to Section 6.4, the percentage of
parents who on the Parent Survey agree or strongly agree to the statement "The school
buildings and grounds are clean and well maintained" is 90%.
5.705 Human Resources Management.
5.7.5.1. The amount paid for Total Salaries and/or Total
Salaries as a percent of Total Revenues shall be substantially in accordance with the
Management Agreement Documents.
5.7.502. Class size and studenUclassroom teacher ratios shall
be maintained throughout the school year at 20: 1 for Kindergarten and 25: 1 for Grades 1
through 5. Any vacancy in a classroom teacher position that results in an increase to the
studenUclassroom teacher ratio shall be filled with a permanent qualified teacher as soon
as possible, provided however, that no such vacancy shall remain unfilled by a permanent
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18
qualified teacher for more than four weeks from the date of the vacancy, unless authorized
by the City Manager, unless the lack of such authorization would contradict applicable
local, state or federal law.
5070503. CSUSA shall make every reasonable effort to insure
that the experience level of the Charter School's instructional staff shall be substantially
distributed such that at least 1/3 are categorized as 'Veterans' (teachers with more than 7
years ofteaching experience) and at least 2/3 are categorized as "Veteran" or "Mid-Level"
(Teachers with three to seven years of teaching experience). In determining experience
levels, advance degrees and other relevant work experience may be considered. If the
experience levels of the Charter School's instructional staff are not substantially in
compliance with this section, CSUSA shall provide reasonable documentation and
information to the City Manager detailing the recruiting efforts that were made to attract
experienced instructional staff, explanations and/or special circumstances and actions
planned to achieve substantial compliance with this section.
5.705.4. Beginning in the third year, the year-to-year retention
rates for permanent staff and for classroom teachers, excluding staff or teachers dismissed
for cause and as adjusted for mobility, shall be 80%.
5.8 Other.
5.801 Provision of Liaison Services. CSUSA shall designate a
member of senior management personnel to be the point of contact for the City Manager
for all issues.
5.8.2 Other Activitieso CSUSA shall be responsible for ensuring that
the Charter School complies with the terms and conditions of the Charter and shall, in a
timely manner, provide information and perform all other activities required of CSUSA
during the term of this Agreement to maintain a fully operational Charter School.
6.
following:
Responsibilities of the CITY. The CITY shall be responsible for the
601 Maintenance of Charter. The CITY shall do, or cause to be done, all
things necessary to ensure that alllagal requirements applicable to the CITY, and all such
conditions as may have been imposed on the CITY by the Chartering Entity, are fully
complied with at all times. If the CITY or CSUSA shall at any time receive notice from any
public authority or other person that the Charter School is or may be in violation of the
Charter, the rules of the Chartering Entity or any provision of any applicable law or
regulation, the party receiving such notice shall immediately notify the other party of the
asserted violation and shall thereafter work diligently together to determine whether such
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19
asserted violation in fact exists, to correct any violation found to exist, and vigorously
contest the asserted violation if the same is found not to exist. No changes will be made by
the CITY to the approved Charter between the CITY and the Chartering Entity that directly
impact CSUSA's performance without CSUSA's consent and approval; such consent and
approval shall not be unreasonably withheld.
6.2 Furniture. Fixtures. Eauipment and Technoloav ("FFE& ""}o Upon
written instructions from CSUSA, the CITY shall be responsible for obtaining, ordering and
purchasing any FFE&T to be utilized in or by the Charter School during the term of this
Agreement. At the CITY's option, the CITY may request that CSUSA order some or all of
the FFE& T. Regardless of whether the CITY or CSUSA orders the FFE& T, such order( s)
shall be in compliance with the written instructions from CSUSA unless mutually agreed
otherwise.
6.3 Books and Supplies. Upon written instructions from CSUSA, the
CITY shall be responsible for obtaining, ordering and purchasing the books and supplies
to be utilized in or by the Charter School during the term of this Agreement. At the CITY's
option, the CITY may request that CSUSA order some or all of the books and supplies.
Regardless of whether the CITY or CSUSA order the books and supplies, such order(s)
shall be in compliance with the written instructions from CSUSA unless mutually agreed
otherwise.
6.4 Facility Maintenance. CSUSA shall be responsible for custodial
services and ordinary repair and maintenance concerning the day-to-day operation of the
Charter School, such as a clogged sink, replacing light bulbs and air filters, etc. ("Custodial
and Day-to-Day Maintenance"), in accordance with the Management Agreement
Documents. The CITY shall be responsible for all other repair and maintenance, including
but not limited to ground maintenance and maintenance of the physical plant in
accordance with the Management Agreement Documents. Any contract entered into by
CSUSA for the provision of all or part of the Custodial and Day-to-Day Maintenance shall
comply with the provisions of Section 32 of this Agreement. The costs associated with the
Custodial and Day-to-Day Maintenance shall be included in the Charter School Annual
Budget and paid for from the Charter School Fund. CSUSA shall be responsible for, and
pay for, any and all repairs or replacements necessary relative to the Charter School
Facility, the FFE&T, and the books and supplies that arise due to the intentional acts or
willful misconduct of CSUSA, its employees, agents, contractors, guest and invitees.
At the CITY's option, the CITY may elect to be responsible for all or part of
the Charter School's Custodial and Day-to-Day Maintenance. Should the CITY elect to be
responsible for all or part of the Charter School's Custodial and Day-to-Day Maintenance,
it is the intent of the parties to enter into a separate Charter School Maintenance
Agreement that will supercede and replace this Section 6.4 and will specify the respective
rights, responsibilities and costs of each party and the Charter School, provided however,
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that the costs associated with the Custodial and Day-to-Day Maintenance services shall be
in compliance with the Charter School Annual Budget, as may be amended from time to
time.
6.5 Tax ExemDt Fund Raisina Activities. If the CITY concludes it is
appropriate to do so, the Charter School may seek to establish a separate tax-exempt
organization to conduct fund raising activities and receive tax deductible contributions in
support of the Charter School and/or of education generally. CSUSA shall cooperate with
such tax-exempt organization as necessary and appropriate.
6.6 Funding For Charter School Costs and EXDenses. The CITY shall
maintain a Charter School Fund to account for expenditures and revenues associated with
the Charter School. It is understood by CSUSA and the CITY, that any and all funds
expended by the CITY pursuant to this Agreement and the Planning Agreement, including
costs and expenses associated with the planning and development of the Charter School
such as, start up funding, land acquisition and capital improvements including construction
of the Facility and CSUSA Fees, professional services contract fees and other out-of-
pocket costs and expenses, shall be reimbursed to the CITY from Charter School
revenues. The reimbursement schedule shall be included in the proposed Charter School
Annual Budget. The CITY shall provide CSUSA with an estimate of any and all funds
expected to be expended by the CITY pursuant to this Section during each subsequent
budget year, that would not be generally known to CSUSA or included in the Management
Agreement Documents; such estimate shall be included in the proposed Charter School
Annual Budget.
6.6.1 Procedure for Payment. In order to receive funds from the
CITY pursuant to this Section, CSUSA shall prepare and submit monthly financial
statements and invoices to the City Manager, which shall include the fund(s) for which
CSUSA is seeking payment, and all of the Charter School's actual expenditures, reported
on a modified cash basis of accounting (including but not limited to all capital
expenditures). CSUSA shall submit to the CITY a schedule for payroll at the beginning of
the academic year. This schedule may be amended from time to time, as appropriate.
The CITY shall be required to wire or ACH transfer payment from the Charter School Fund
for the payroll at least five (5) business days prior to a schedule payroll date or other set
due date, as applicable. For all other Charter School expenses, CSUSA shall submit
requests to the City Manager bi-monthly for the fund(s) for which CSUSA is seeking
payment and such other expenses shall be deemed due, subject to the provisions of
Section 10 for Management and Incentive Fees, upon approval by the City Manager after
receipt by the CITY of the monthly financial statement and invoices, and such source
documents, supporting schedules, summaries and explanations as may reasonably be
requested by the City Manager from time to time ("approved expenditures"). The City
Manager shall direct payment from the Charter School Fund to CSUSA for all approved
expenditures within seven (7) business days. CSUSA agrees to provide the CITY, within
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ten (10) business days, source documents, supporting schedules, summaries and
explanations as may reasonably be requested by the City Manager from time to time.
CSUSA shall immediately reimburse the CITY for any unallowable Charter School
expenditures as determined by a licensed auditor of the CITY, the Chartering Entity, or any
Department or Division of the State of Florida or Federal Government.
6.7 Charter School Deoartment. It is the intent of the CITY to establish a
Charter School Department which shall be responsible to the City Manager. CSUSA shall
be accountable to the City Manager. Neither the City Commission nor its members shall
give orders to CSUSA, its employees or employees of the City Charter School Department,
either publicly or privately. Recommendations for improvements in Charter School
operations by Commissioners shall be made solely to and through the City Manager.
6.8 Annual Review of Performance Criteria. On an annual basis, the
CITY and CSUSA shall review the minimum performance criteria established in Section 5.7
and the Incentive Fee eligibility requirements established in Section 10.2, including
measurement methodology and assumptions, to jointly verify and/or modify the criteria,
requirements, measurement methods and assumptions to accurately and appropriately
evaluate the performance and effectiveness of CSUSA and the Charter School as
contemplated in the Management Agreement Documents. The CITY may, at its sole option,
modify the measurement methods and/or assumptions should it determine that such
modifications are necessary to more accurately and appropriately evaluate the
performance and effectiveness of CSUSA and the Charter School as contemplated in the
Management Agreement Documents. During the annual review, CSUSA and the CITY
shall additionally determine the specific tests/instruments upon which the minimum
performance criteria delineated in Section 5.7.1 shall be based for the subsequent school
year.
6.9 Qther Activities. The CITY shall, in a timely manner, provide all
information and perform all other activities required of the CITY during the term of this
Agreement to maintain a fully operational Charter School.
7. Coooeration. The parties shall, in good faith, share all information received
from the Chartering Entity so as to comply with mutual obligations herein. Any information,
whether written or oral, which is transmitted by the Chartering Entity to the parties shall be
shared between the parties promptly.
8. Additional Mutual Obliaations. The parties hereto shall actively and
diligently coordinate all extracurricular activities, grant writing, community involvement,
responsiveness and response to compliance to all federal, state, and local rules and
regulations, and any other operational activities or functions occasioned by the
relationship set forth in this Agreement in a concerted effort to meet the goals and
objectives established in the Management Agreement Documents and the Planning
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Agreement.
9. Charter Schools Fundina Resources. All revenues, grants, and revenue
allocations received by or targeted to the Charter School, shall be directed to and retained
in the Charter School Fund, as established by the CITY.
100 Manaaement and Incentive Fees. Subject to annual appropriations by the
City Commission and the provisions of Section 10.3, the CITY shall pay CSUSA annual
management and incentive fees for the performance by CSUSA of its responsibilities as
provided in this Agreement as follows:
10.1 Manaaement Fee. The base Management Fee shall be as follows:
Year 1
Years 2-3
Years 4-5
13% of the funding for student enrollment, as adjusted.
11 % of the funding for student enrollment, as adjusted.
10% of the funding for student enrollment, as adjusted.
The funding for student enrollment, as adjusted, shall be the sum of
district operating funds from the Florida Education Finance Program (FEFP), including
gross state and local funds, discretionary lottery funds, and discretionary operating millage
funds divided by total district funded weighted full-time equivalent (WFTE) students times
the weighted full-time equivalent students of the Charter School and the Charter School's
proportionate share of categorical program funds included in the FEFP, less 5 %, and as
may be adjusted for factors including, but not limited to, changes in the number of enrolled
students, state holdbacks and state prorations, and a proportional share of any unfounded
WFTE for Group 2 programs.
All payments to CSUSA for the base Management Fee shall be paid
and deemed earned pro-rata by CSUSA on a monthly basis, beginning July 1, 2003, with
each payment representing 1/12 of the annual base Management Fee. Payments to
CSUSA shall not begin until the operating funding for student enrollment, as adjusted, in
the Charter School are received by the CITY from the Chartering Entity, provided however,
that the first payment to CSUSA shall include retroactive payments to July 1, 2003, if any,
and provided further, that the final monthly payment of each year shall be paid upon the
acceptance of year-end financial reports demonstrating that the Charter School completed
the year with no deficit.
For the purposes of this Agreement, the number of "enrolled students'
shall be equal to the Chartering Entity's FTE student count used to determine FTE Funding
for the Charter School
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10.2 Incentive Feeso In any year where CSUSA and the Charter School meet
or exceed all the performance criteria specified in Section 5.7 of this Agreement, the CITY
shall award a separate Incentive Fee upon any of the following events:
100201 In order to supplement and enhance the County, State or
Federal funds that are normally associated with the operation and development of a
school, the CITY and CSUSA shall endeavor to obtain revenues from other sources,
including grants and donations (the "Additional Revenues"). CSUSA shall be entitled to
an amount equal to ten percent (10%) of all revenues received from Additional Revenues
directly attributable to CSUSA's efforts.
1002.2. Starting in Year 2, if the median percentile by each grade
level on the State or Chartering Entity required norm-referenced test:
10.2.2.1 Reading - exceeds the performance criteria established in
Section 5.7 .1.2(b) by at least five (5) median percentile points or exceeds the performance
criteria established in Section 5.7.1.2(b) and is equal to or greater than the 75ltl percentile,
CSUSA shall be entitled to an amount equal to one-half percent (.5%) of the funding for
student enrollment, as adjusted, for that year.
10.2.2.2 Mathematics - exceeds the performance criteria established
in Section 5.7 .1.2(b) by at least ten (10) median percentile points or exceeds the
performance criteria established in Section 5.7.1.2(b) and is equal to or greater than the
85ltl percentile, CSUSA shall be entitled to an amount equal to one-half percent (.5%) of
the funding for student enrollment, as adjusted, for that year.
1002.3 If the cumulative response on an annual parent survey results
in:
10.2.3.1 Re-enrollment - The percentage of parents who Agree or
Strongly Agree to the statement "I intend to re-enroll my child for the next school year" is
80% in year 1 and 90% in each year thereafter, then CSUSA shall be entitled to an amount
equal to one-half percent (.5%) of the funding for student enrollment, as adjusted, for that
year.
10.2.3.2 Safety - The percentage of parents who Agree or Strongly
Agree to the statement that "Students feel safe at Aventura Charter Elementary School" is
80% in year 1 and 90% in each year thereafter, then CSUSA shall be entitled to an amount
equal to one-half percent (.5%) of the funding for student enrollment, as adjusted, for that
year.
10.204. Starting in Year 2, if the Charter School achieves a grade of
"A" under the State of Florida A+ Plan, CSUSA shall be entitled to an amount equal to one
percent (1 %) of the funding for student enrollment, as adjusted, for that year.
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1002.5. In any year that a land reimbursement payment is made to the
CITY and that payment exceeds the land reimbursement payment specified for that same
year in the Management Agreement Documents, then an amount equal to five percent
(5%) of this excess shall be payable to CSUSA.
10.2.6 All Incentive Fees shall be paid and deemed earned by
CSUSA in one payment on an annual basis, after verification by the CITY of eligibility
based on the documentation, information and reports submitted by CSUSA pursuant to
Section 5.2.6.1 and upon the acceptance by the CITY of the year-end financial reports. If
the CITY terminates this Agreement without cause in accordance with Section 14.2,
CSUSA shall be entitled to a pro-rata share of the annual Incentive Fee to be paid
pursuant to this section, if any, The pro-rata share will be 1/12 of the annual Incentive Fee
times the number of months in which CSUSA performed Services pursuant to this
Agreement for the school year on which the annual Incentive Fee is based. Any pro-rata
share of Incentive Fees pursuant to this Section, shall be paid to CSUSA in one payment
after the close of the then school year and after verification by the CITY of eligibility based
on the documentation, information and reports submitted by CSUSA pursuant to Section
5.2.6.1 and upon the acceptance by the CITY of the year-end financial reports.
10.3 Subordination of Management and Incentive Fees. In any year
where there is a shortfall in total revenues (operating and capital outlay), the base
Management Fees and Incentive Fees provided in Section 10 shall be subordinate to the
operating expenses of the Charter School and the debt service on the debt incurred by the
CITY for the acquisition, design, construction, and development of the Charter School
Facility, in the amounts as herein specified, unless an amended balanced Charter School
Annual Budget, based on the reduced revenues and that substantially conforms with the
terms and conditions of the Management Agreement Documents, can be prepared by
CSUSA in accordance with Section 5.3.1., The subordination amounts shall be as follows:
Year 1
Year 2
Year 3
Year 4
YearS
Maximum subordination of 2%
Maximum subordination of 2%
Maximum subordination of 3%
Maximum subordination of 4%
Maximum subordination of 4%
Further, the payment of the Management and Incentive Fees to CSUSA by
CITY is subject to availability and payment of FTE Funds, funds allocated for Charter
School capital outlay purposes, and any other education funds from the State of Florida, as
provided by law.
11. Insurance. CSUSA shall maintain comprehensive general liability insurance
in the amount of Five Million and no/100 Dollars ($5,000,000.00) per occurrence combined
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single limit and Five Million and no/100 Dollars ($5,000,000.00) in the aggregate, insuring
against property damage and personal injury and death occurring in connection with the
Charter School. In addition, CSUSA shall maintain workers compensation insurance in the
amount of the greater of Fifty Thousand and no/100 Dollars ($50,000.00) or the minimum
amount required by law.
12. Indemnification.
12.1 CSUSA agrees to indemnify, defend with counsel (reasonably
acceptable to the CITY) and hold the CITY, and its elected officials, officers, employees,
and agents (the "Indemnified Parties"), harmless from any and all claims, actions, costs,
expenses, damages and liabilities, including reasonable attorney's fees and costs at both
the trial and appellate levels, arising out of, connected with or resulting from (a) the
negligence, intentional wrongful act or misconduct of CSUSA, its officers, employees and
agents, in connection with the Agreement, (b) CSUSA's breach of this Agreement or any
applicable federal, state, local or Chartering Entity law, ordinance, rule or regulation and/or
(c) any failure by CSUSA to pay its suppliers or subcontractors. The duty to indemnify will
continue in full force and effect notwithstanding the expiration or termination of the
Agreement with respect to any claims based on facts or conditions that occurred or
accrued prior to such expiration or termination.
12.2 Subject to the provisions and monetary limitations of F.S. 768.28, as
amended or superseded, the CITY agrees to indemnify, defend with counsel (reasonably
acceptable to CSUSA) and hold CSUSA, its officers, employees, and agents (the "CSUSA
Indemnified Parties"), harmless from any and all claims, actions, costs, expenses,
damages and liabilities, including reasonable attorney's fees and costs at both the trial and
appellate levels, arising out of, connected with or resulting from (a) the negligence,
intentional wrongful act or misconduct of the CITY, its employees and agents, in
connection with the Agreement, (b) the CITY's breach of this Agreement or any applicable
federal, state, local or Chartering Entity law, ordinance, rule or regulation, and/or (c) any
failure by the CITY to pay its suppliers or subcontractors. The duty to indemnify will
continue in full force and effect notwithstanding the expiration or termination of the
Agreement with respect to any claims based on facts or conditions that occurred or
accrued prior to such expiration or termination.
12.3 Upon becoming aware of the potential for a claim hereunder, the party
seeking indemnification shall promptly notify the other party in writing of the existence of
such claim, demand or other action giving rise to a claim for indemnification under this
provision (a "Third Party Claim") and shall give such other party a reasonable opportunity
to defend the same at its own expense and with its own counsel, provided however that the
CITY or CSUSA shall at all times have the right to participate in such defense at its own
expense.
6/28/02
26
12.4 If, within a reasonable amount of time after receipt of notice of a Third
Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking
indemnification shall have the right, but not the obligation, to defend and to compromise or
settle (exercising reasonable business judgment) the Third Party Claim for the account and
at the risk and expense of the party responsible for indemnification hereunder. Each party
agrees to cooperate and to make available to the other party, such information and
assistance as may be reasonably requested in connection with the defense of a Third
Party Claim.
13. Default. A default shall be deemed to have occurred for certain events or
conditions (each, an "Event of Default"), which include, but are not limited to the following:
13.1 Any action, inaction or creation of circumstances that put the Charter in
jeopardy of non-renewal or termination pursuant to the Charter or any applicable federal,
state, local or Chartering Entity law, ordinance, rule or regulation; or
13.2 Failure to pay any amount due hereunder within thirty (30) days after
written notice to the defaulting party that such amount is due; or
13.3 Failure to remedy a material breach of this Agreement, including, but
not limited to, a default in the due and punctual observance or performance of any
provision contained herein, within thirty (30) days after written notice to the defaulting
party; or
13.4 If CSUSA shall under such law as shall be applicable to it commence
any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation
or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a
receiver, intervenor, conservator or trustee for itself or for any substantial part of its
property; or if there shall be commenced against it any such action and the same shall
remain un-<lismissed; or if by any act it shall indicate its consent to, approval of, or
acquiescence in any such proceeding, or the appointment of any receiver, intervener,
conservator or trustee for it or any substantial part of its property or shall suffer any of the
same to continue undischarged; or if it shall become subject to any intervention
whatsoever that shall deprive it of the management of the aggregate of its property or any
substantial part thereof; or if it shall wind up or liquidate its affairs or there shall be issued
a warrant of attachment, execution, or similar process against any substantial part of its
property, and such warrant, execution or process shall remain un-<lismissed, unbounded or
undischarged for a period of ninety (90) days, this Agreement shall be deemed
immediately terminated upon the occurrence of such event; or
1305 If the ownership of CSUSA shall be transferred or assigned, directly or
indirectly, without the prior written consent of the CITY, in violation of Section 36; or
6/28/02
27
1306 If CSUSA uses funds not in accordance with the terms of this Agreement
including both negligent and fraudulent use of funds, or if CSUSA fails to obtain or
maintain any license, including the revocation of such license by an administrative or
judicial body, that may be required for CSUSA to carry on its business and perform its
obligations and functions under this Agreement. For purposes hereof, any fraudulent use
of funds shall include the use of funds by misrepresentation, concealment, nondisclosure,
misleading conduct, devices, or contrivance.
13.7 If any representation, statement, or warranty made in the Agreement by
CSUSA or the CITY is false, misleading, or breached in any material respect.
Upon the occurrence of an Event of Default, the non-defaulting party shall be
entitled to pursue all remedies available under law or equity, and in addition to such
remedies, may immediately terminate this Agreement with Cause in accordance with
Section 14.1.
14. Tennlnation ofthis Aareement. This Agreement may be terminated by the
parties as follows:
14.1 Tennination with Cause or for NonDerfonnance. Upon the
occurrence of an Event of Default beyond applicable grace, notice and cure periods, the
non-defaulting party shall be entitled to terminate this Agreement with cause or for
nonperformance (hereinafter referred to as "Termination with Cause"), prior to the end of
the term, with seven (7) days prior written notice.
14.1.1 Termination with Cause may include, but is not limited to,
failure for CSUSA to account for its expenditures or to pay operating costs; failure to follow
the policies, procedures, rules, regulations or curriculum as adopted by CSUSA.
14.1.2 Notwithstanding the foregoing, the failure to obtain anyone of
the performance criteria in Section 5.7 of this Management Agreement, shall be cause for
the CITY to terminate this Management Agreement with cause, unless CSUSA, within thirty
(30) days from receipt of written notice from the CITY, presents and agrees to implement
an action plan, acceptable to the City Manager, detailing the actions to be taken by
CSUSA to raise the performance level to acceptable standards, provided however that the
revocation of the Charter by the Chartering Entity, shall be cause for the CITY to terminate
with cause this Management Agreement, without providing CSUSA an opportunity to cure.
14.1.3 Upon Termination with Cause, the parties shall immediately
end their performance of obligations pursuant to this Agreement and shall have no further
obligations or responsibilities to each other as of the date of such termination, including
any payment obligations (except reimbursement of authorized expenses incurred by
CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except as
6/28/02
28
otherwise indicated in this Agreement, and the non-defaulting party shall be entitled to
pursue all remedies available under law or equity in addition to the termination of this
Agreement.
14.2 Tennination without Cause. This Agreement may be terminated
without cause (hereinafter referred to as "Termination without Cause"), as follows:
14.2.1 This Agreement shall terminate on June 30, 2008, unless
terminated earlier in accordance with the provisions of Section 14 or as otherwise provided
for in this Agreement.
14.2.2 By the CITY, upon thirty (30) days advanced written notice,
due to a change in federal, state or local or Chartering Entity law, ordinance, policy, rule,
regulation or appropriations during the term of this Agreement which would materially
impact the ability to design, build, operate or maintain the Charter School substantially in
conformance with the Management Agreement Documents. Such changes could include,
but not be limited to, a charter school capital outlay funds appropriation that does not
provide for the Charter School to receive funding substantially in accordance with the
Management Agreement Documents, or a modification that would substantially impact the
ability to limit the enrollment process to target the children of the CITY.
14.2.3 By the CITY, at any time and for any reason or no reason, upon
six (6) months days advance written notice.
14.2.4 Upon Termination without Cause, the parties shall have no
further obligations or responsibilities to each other as of the date of such termination,
including any payment obligations (except reimbursement of authorized expenses incurred
by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except
as otherwise indicated in this Agreement.
15. Transfer of Functions Upon Tennination. In recognition of the paramount
importance of maintaining the integrity and continuing operations of the Charter School,
upon the expiration of the term of this Agreement, or in the event this Agreement is
terminated pursuant to Section 14, or as otherwise indicated in this Agreement, CSUSA
agrees to cooperate with the CITY during the transition of operations of the Charter School
and for the transfer, within thirty (30) calendar days of such termination, of the documents
which relate to the planning, design, development and operating functions of the Charter
School (to the extent such documents are owned by the CITY) from CSUSA to the CITY or
an entity selected by the CITY. Such cooperation shall include, but is not limited, to:
15.1 Assignment, in accordance with Section 5.5.2 of this Agreement, of all
employees and employment contracts of the Charter School and the transfer of employee
records to the CITY or an entity selected by the CITY.
6/28/02
29
. 15.2 Transfer of all student records, then current curriculum programs and
class syllabi of the Charter School (unless the same is proprietary to CSUSA), if any, to the
CITY or an entity selected by the CITY.
15.3 Assignment, at the CITY's sole option and in accordance with the
provIsions of Section 32 of this Agreement, of all contracts, subcontracts and/or
agreements, if any, entered into by CSUSA for the Charter School, to the CITY or an entity
selected by the CITY, if such contracts or subcontracts are assignable.
15.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all
hardware, software, business applications and other intellectual property (with password
and configuration information) purchased by CITY. If CSUSA uses software or
applications to operate the Charter School that is not owned by CITY or the Charter
School, the CITY, at its sole option, may continue to use such software or applications. If
the CITY elects to continue to utilize CSUSA software or applications to operate the
Charter School, the CITY shall execute a license agreement with CSUSA for the use of the
same for a reasonable license fee (based upon the then existing market value) to be
negotiated in good faith by the parties.
1505 Transfer of all property including, but not limited to, furniture, fixtures,
equipment, materials, software and hardware acquired for the Charter School by the CITY
and purchased by the CITY or through the use of funds designated for the Charter School,
to the CITY or an entity selected by the CITY.
15.6 The delivery of any and all Public Records in CSUSA's possession to
the CITY or an entity selected by the CITY.
15.7 Transfer of any and all other information owned by the CITY, or
provision of assistance, to ensure the least disruption of the continuing operations of the
Charter School as a result of the termination of this Agreement.
15.8 The provisions of Section 15 shall survive the termination of this
Agreement.
16. Entire Aareement. This Agreement and all documents contemplated herein
including the Management Agreement Documents, represent the entire understanding and
agreement between the parties with respect to the subject matter hereof, and supersedes
all other negotiations, understandings, and representations (if any) made by and between
such parties. The provisions of this Agreement may not be amended, supplemented, or
waived orally, but only by a writing signed by the parties and making specific reference to
this Agreement.
6/28/02
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170 Assianments. No party shall assign or pledge its rights or obligations
hereunder without the prior written consent of the other party to this Agreement, which
consent may be withheld by such party in its sole discretion except as otherwise provided
for in this Agreement.
180 Further Assurances. The parties hereby agree from time to time to execute
and deliver such further and other assurances, assignments and documents and do all
matters and things that may be convenient or necessary to more effectively and completely
carry out the intentions of this Agreement.
19. Relationship of Parties. The relationship between the parties hereto shall
be solely as set forth herein as independent contractors and neither party shall be deemed
to be an employee, agent, partner, or joint venturer of the other.
20. Interpretations. This Agreement shall not be construed more strictly against
one party than against the other merely because it may have been prepared by counsel for
one of the parties, it being recognized that both parties have contributed substantially and
materially to its preparation.
21. Time of the Essence. Time of performance by either party of each and
every provision or covenant herein contained is of the essence of this Agreement. CSUSA
shall be responsible for ensuring the timely performance of all activities and
responsibilities required during the term of this Agreement, including the production of
documents, in compliance with all applicable federal, state, local and Chartering Entity
laws, ordinances, rules and regulations, to ensure that the Charter School is fully
operational for the 2003-2004 school year and is maintained as a fully operational Charter
School in compliance with the Management Agreement Documents during the term of this
Agreement. For the purpose of this Agreement, "timely' shall include a reasonable time for
review, consideration, and/or modification by the City Manager, and, whenever deemed
necessary by the City Manager, shall include the appropriate time necessary for
submission, consideration anellor approval by the Aventura City Commission.
22. Bindina Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by
the parties and their respective legal representatives, successors, and permitted assigns.
23. Noticeso All notices and other communications required or permitted under
this Agreement shall be in writing and given by:
23.1 hand delivery;
2302 registered or certified mail, return receipt requested;
6/28/02
31
2303 overnight courier, or
23.4 facsimile with a hard copy followup pursuant to Sections 23.1, 23.2
or 23.3 to:
If to CSUSA: Charter Schools USA at Aventura, L.C.
6245 N. Federal Highway, Suite 500
Fort Lauderdale, Florida 33308
Attention: Mr. Jonathan K. Hage, President
Fax: (954) 202-2047
With a copy to: Tripp Scott, PA
110 S.E. 6th Street, 15th Floor
Fort Lauderdale, Florida 33301
Attn: Edward J. Pozzuoli, Esq.
Fax: (954) 761-8475
If to the City: Eric M. Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Fax: (305) 466-8919
With a copy to: Weiss Serota Helfman Pastoriza & Guedes, P A
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Attn: Steven W. Zelkowitz, Esq.
Fax: (305) 854-2323
or to such other address as any party may designate by notice complying with the tenns of
this Section. Each such notice shall be deemed delivered:
23.4.1 on the date delivered if by hand delivery or overnight courier,
23.4.2 on the date upon which the return receipt is signed or delivery
is refused or the notice is designated by the postal authorities as not deliverable, as the
case may be, if mailed; and
23.4.3 on the date of transmission with confirmed answer if by fax.
6/28/02
32
24. Headinaso The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
25. Severability 0 If any part of this Agreement or any other agreement entered
into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or
regulation, such provision shall be inapplicable and deemed omitted to the extent so
contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby
and shall be given full force and effect so far as possible.
26. Waivers. The failure or delay of any party at any time to enforce this
Agreement shall not affect such party's right to enforce this Agreement at any other time.
Any waiver by any party of any breach of any provision of this Agreement shall not be
construed as a waiver of any continuing or succeeding breach of such provision, a waiver
of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No
notice to or demand on any party in any case shall entitle such party to any other or further
notice or demand in any other circumstance.
27. Outside Businesso Nothing contained in this Agreement shall be construed
to restrict' or prevent, in any matter, CSUSA or its representatives or principals from
providing services to any third-party similar to the services provided pursuant to this
Agreement.
28. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies on any person other than the parties hereto and
their respective legal representatives, successors, and permitted assigns, nor is anything
in this Agreement intended to relieve or discharge the obligation or liability of any third
person to any party to this Agreement, nor shall any provision give any third person any
right to subrogation or action over or against any party to this Agreement.
29. Jurisdiction and Venue. The parties acknowledge that a substantial portion
of the negotiations, anticipated performance and execution of this Agreement occurred or
shall occur in Miami-Dade County, Florida, and that, therefore, without limiting the
jurisdiction or venue of any other federal or state courts, each of the parties irrevocably
and unconditionally:
2901 agrees that any suit, action or legal proceeding arising out of or
relating to this Agreement may be brought in the courts of record of the State of Florida in
Miami -Dade County or the court of the United States, Southern District of Florida in Miami
-Dade County.
29.2 consents to the jurisdiction of each such court in any suit, action, or
proceeding; and
6/28/02
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29.3 waives any objection which it may have to the laying of venue of any
such suit, action, or proceeding in any of such courts.
30. Enforcement Costs. In the event of any controversy arising under or
relating to the interpretation or implementation of this Agreement or any breach thereof,
the prevailing party shall be entitled to recover all court costs, expenses, and reasonable
attorneys' fees (including, without limitation, all pre-trial, trial and appellate proceedings)
incurred in that action or proceeding, in addition to any other relief to which such party or
parties may be entitled.
31. Remedies Cumulativeo No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof.
32. Contracts and Subcontracts CSUSA may contract and/orsubcontract for
the performance of any of its responsibilities set forth in this Agreement, subject to notice
to the CITY, such notice to indicate if the contract and/orsubcontract will provide for
assignment to the CITY in the event of the termination of this Agreement, and the CITY's
opportunity to review any and all proposed contracts and/or subcontracts in connection
with the performance of the duties, functions, and responsibilities under this Agreement.
CSUSA shall be responsible for the management of all contractors and/or subcontractors
in the performance of their work. Nothing herein shall create and relationship, contractual
or otherwise, between CITY and any contractor or subcontractor. Notwithstanding the
rights of CSUSA to enter into such contracts, subcontracts and agreements and the
contractual obligations of contractor or subcontractor to CSUSA, CSUSA shall remain
liable to the CITY for the performance of the Services under this Agreement.
Any and all contracts, subcontracts and agreements entered into by CSUSA pursuant to
this Agreement shall (i) contain insurance and indemnity requirements in favor of the CITY
consistent with Sections 5.2.8 and 12 of this Agreement, (ii) if possible, provide that the
CITY is a third part beneficiary of such contract, subcontract or agreement, and (iii) if
possible, include provisions that provide for the assignment of these contracts,
subcontracts or agreements, at the CITY's sole option, to the CITY, or an entity of the
CITY's selection, upon the expiration of the term of this Agreement or in the event this
Agreement with CSUSA is terminated pursuant to the terms herein. In the event of such
assignment, CSUSA shall remain responsible for and indemnify the CITY for all obligations
and liabilities accruing under such contracts, subcontracts or agreements prior to the date
of assignment including payment obligations. CSUSA shall provide CITY with copies of all
contracts, subcontracts and agreements to ensure they comply with the foregoing.
6/28/02
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33. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
34. Governina Law. This Agreement and all transactions contemplated by this
Agreement shall be governed by, construed, and enforced in accordance with the internal
laws of the State of Florida, without regard to principles of conflicts of laws.
35. Proprietary Infonnationo The CITY agrees that CSUSA shall own all
copyrighted and other proprietary rights to all instructional materials, training materials,
curriculum and lesson plans, or any other materials created and developed by CSUSA, its
employees, agents or subcontractors, or by any individual working for or supervised by
CSUSA, which is developed during working hours or during time for which the individual is
being paid and which is specifically identified by CSUSA in writing as being copyrighted or
proprietary. CSUSA shall have the sole and exclusive right to license such materials for
use by other school districts, other public schools, or other customers, or to modify and/or
sell such materials for use by school districts, other publiC schools or other customers.
Notwithstanding the same, in the event of expiration or termination of this Agreement, the
CITY shall have the right to use such materials during the life of the Charter School
provided the CITY pays a reasonable license fee (based upon the then existing market
value) to CSUSA; however, the CITY shall have no rights to use such materials beyond the
life of the Charter School. During the term of this Agreement, CSUSA may disclose such
proprietary information, including that which is currently in existence as well as that which
may be created in the future. The CITY, to the extent permitted by law, shall treat all
proprietary information specifically identified in writing by CSUSA as though it were a trade
secret and copyrighted and shall use efforts as may be reasonably requested by CSUSA
so as not to disclose, publish, copy, transmit, modify, alter or utilize such proprietary
information during the Term of this Agreement or at any time after its expiration other than
to the extent necessary for implementation of this Agreement or as licensed from CSUSA
for the continuing planning, design, development and operation of the Charter School;
provided, however, that CSUSA acknowledges that any information provided to the CITY
may be a public record under Florida law and may be subject to disclosure.
36. Sale or Transfer of Interest in CSUSA. This Agreement is made by the
CITY with CSUSA in its current ownership form and in reliance on the expertise of the
current principals and owners of CSUSA, including Jonathan Hage. No substantial
ownership or any other form of control of CSUSA, including the development and planning
of the Charter School, shall be transferred, pledged, mortgaged or assigned, directly or
indirectly, without the prior written consent of the CITY, through the City Manager. For
purposes of this Agreement "substantial change in ownership" shall be defined as when a
majority of CSUSA ownership is not maintained by Jonathan Hage. In determining
6/28/02
35
whether to approve of any such transfer, pledge, mortgage or assignment, the City
Manager may consider, without limitation:
36.1 whether the now current individual principals and managers of
CSUSA will continue to retain total administrative control over the Charter
School;
36.2 the qualifications and character of the individuals or entities that are
to receive the transferred or assigned interest from CSUSA.
The CITY, upon considering the approval of the transfer or assignment, shall not
unreasonably withhold approval of such based upon the foregoing criteria.
37. Additional Audits. In addition to the audits required pursuant to Section
5.3.5 of this Agreement, the CITY shall have the right, at any time during business hours,
at the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or
caused to be inspected and audited by a certified public accounting firm selected by the
CITY, the business records, bookkeeping and accounting records, tax records and returns
and other records of CSUSA with respect to this Charter School and this Agreement.
CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the
foregoing business records are retained by CSUSA following the expiration or earlier
termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and
make available to the CITY such books and records for a period of six (6) years following
the expiration or earlier termination of this Agreement.
38. PolicelReaulatorv Powers. CITY cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approval or enforcement rights and obligations as
it may relate to regulations of general applicability which may govern the Charter School
and the Facility, and any improvements or operations relative thereto. Nothing in this
Agreement shall be deemed to create an affirmative duty of CITY to abrogate its sovereign
right to exercise its police powers and governmental powers by approving or disapproving
or taking any other action in accordance with its zoning and land use codes, administrative
codes, ordinances, rules and regulations, federal laws and regulations, state laws and
regulations, and grant agreements.
[SIGNATURES APPEAR ON THE NEXT PAGE]
6/28/02
36
IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in
triplicate. One counterpart each has been delivered to CITY and CSUSA.
ATTEST:
CITY OF AVENTURA, FLORIDA
By:
Teresa M Soroka, CMC
City Clerk
By:
Eric M. Soroka, City Manager
APPROVED AS TO FORM:
By:
City Attorney
WITNESSES:
Signature
CHARTER SCHOOLS USA AT
AVENTURA, L.Co
By:
Jonathan K Hage, President
Print Name
CHARTER SCHOOLS USA, INC.
Signature
By:
Jonathan K. Hage, President
Print Name
6/28/02
37
EXHIBIT A
AVENTURA CHARTER ELEMENTARY SCHOOL
Parent Survey
JUNE 2004
Directions: Please CIRCLE ONE of these after each statement.
Strongly Agree Agree Disagree Strongly Disagree
10 The school buildlngs and grounds are clean and well maintainedo
Strongly Agree Agree Disagree Strongly Disagree
Comments
2. Student responsibility is reinforced by the school and staffo
Strongly Agree Agree Disagree Strongly Disagree
Comments
3. An atmosphere of respect and tmst exists between students and school personnel.
Strongly Agree Agree Disagree Strongly Disagree
Comments
4. Social and cultural differellCes among students are respected.
Strongly Agree Agree Disagree Strongly Disagree
Comments
50 Teachers have a positive attitude toward ACES and students.
Strongly Agree Agree Disagree Strongly Disagree
Comments
6. Students are recognized for their accomplishments.
Strongly Agree Agree Disagree Strongly Disagree
Comments
7. Extra assistance with schoolwork is available to students.
Strongly Agree Agree Disagree Strongly Disagree
Comments
8. The teacher. student ratio is satisfactory.
Strongly Agree Agree Disagree Strongly Disagree
Comments
9. Parents are infonned of school events and activitieso
Strongly Agree Agree Disagree Strongly Disagree
Comments
10. Parents are encowaged to volunteer and be involved in school activitie80
Strongly Agree Agree Disagree Strongly Disagree
Comments
11. School faculty is responsive to questions and concerns.
Strongly Agree Agree Disagree Strongly Disagree
Comments
(OVER)
12. Parents are invited to discuss concerns by telephone or conference.
Strongly Agree Agree Disagree Strongly Disagree
Comments
13. Oassrooms are properly equipped to support learning.
Strongly Agree Agree Disagree Strongly Disagree
Comments
14. Teachers make learning interesting and relevant.
Strongly Agree Agree Disagree Strongly Disagree
Comments
15. Teachers are knowledgeable and understand their subject matter.
Strongly Agree Agree Disagree Strongly Disagree
Comments
16. Students have adjusted socially to the school's environment.
Strongly Agree Agree Disagree Strongly Disagree
Comments
17. Teachers assign meaningful homework that helps students learn.
Strongly Agree Agree Disagree Strongly Disagree
Comments
18. School Adminisbators are responsive to questions and concernso
Strongly Agree Agree Disagree Strongly Disagree
Comments
19. School support staff (Oerical) is responsive to questions and concerns.
Strongly Agree Agree Disagree Strongly Disagree
Comments
200 Students feel safe at ACESo
Strongly Agree Agree Disagree Strongly Disagree
Comments
21. Students have been infonned of expected behavior in school activitieso
Strongly Agree Agree Disagree Strongly Disagree
Comments
22. Students are disciplined in accordance with the Student Code of Conduct in the Parent
Handbook.
Strongly Agree Agree Disagree Strongly Disagree
Comments
230 Parents and students have been thoroughly infnnned of school discipline practiceso
Strongly Agree Agree Disagree Strongly Disagree
Comments
240 ACES is effectively teaching students basic academic skills in reading
Strongly Agree Agree Disagree Strongly Disagree
Comments
25. ACES is effectively teaching students basic academic skills in mathematics
Strongly Agree Agree Disagree Strongly Disagree
Comments
26. ACES is effectively teaching students to speak and write correctly in English
Strongly Agree Agree Disagree Strongly Disagree
Comments
270 ACES is effectively teaching students to use computelli
Strongly Agree Agree Disagree Strongly Disagree
Comments
28. ACES is effectively teaching students to investigate problems in science
Strongly Agree Agree Disagree Strongly Disagree
Comments
29. Students have tasty, nutritious lunch options dally.
Strongly Agree Agree Disagree Strongly Disagree
Comments
30. My child is happy at the Charter School.
Strongly Agree Agree Disagree Strongly Disagree
Comments
310 I would recommend the Charter School to a friend.
Strongly Agree Agree Disagree Strongly Disagree
Comments
32. I belong to the Parent Teacher Organization (PTO)
_YES NO
330 I intend to re-enroll my child for the 2004-2005 academic year.
YES NO
34. H response to 33 is no, please give reason(s).
~~I~~A~AAJJJjJJJJjJJJJAJJAAIAIA1IA1AA~AA A A*****~JJAJAAAJAjjll I\AljjjAjAjAAAAAjAAA***** II I A1A11A11
Please fill in the blanks:
Name (optional)
My child is in the
gradeo I reside in
city.
AdditionaIComments
Please return survey in envelope provided lJy Jrme 15, 2004.
Charter Schools USA appreciates your feedback and cooperation. Thank you!
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, Cit
DATE:
June 26, 2002
SUBJECT: Disbursement of Police rfeiture Funds
July 2, 2002 City Commission Meeting Agenda Item ,j7 F
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $49,322 for Taser equipment,
drying cabinet, digital camera and portable sound system from the Police
Forfeiture Fund in accordance with the City Manager's memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
1. M26 Advanced Taser $33,000
2. Drying Cabinet $11,522
3. Digital Video Camera $600
4. Portable Sound System $4,200
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01090-02
CITY OF AVENTURA
POLICE DEPARTMENT
TO:
Eric M. Soroka, City a
FROM:
DATE:
May 29, 2002
SUBJECT:
Use of 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 goveming body of the
municipality and approval of the goveming body.
I am requesting City Council approval for the expenditure of:
M26 Advanced Taser
Drying Cabinet for Crime Scene
$33,000
$11,522
$ 4,200
$ 600
$49,322
Portable dual function sound system w/P A
Digital video camera
Total expenditure Request:
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 !!2l being used as a normal source of revenue for the
Police Department.
3. Funds were !!2l considered in the adoption and approval of the budget
of the Police Department.
M26 Advanced Taser - The M26 Advanced taser is one of the newest forms of
less lethal force available to law enforcement officers. The taser works via an
electro-muscular disruptive charge (EMD). The taser uses a 26 watt electrical
signal to completely override the central nervous system and directly control the
skeletal muscles. The EMD effect is harmless but causes a temporary
uncontrollable contraction of the muscle tissue, which physically debilitates the
subject. There is no longer a physical struggle between the officer and the unruly
subject, thereby reducing the possibility of injury to the officer and the subject
being taken into custody.
Drying cabinet - For use by Crime Scene for those items collected at crime
scenes that may be covered with liquid and/or body fluids. This unit dries these
items so that further testing may be completed.
Digital Camera - This camera will be assigned to, and used by, the Street
Crimes Unit. The camera will be used for both still and video pictures of
surveillances and/or photos of subjects.
Portable dual sound system - This system is needed to provide a sound
system that can be used off site during public events. This system can be used
with or without wires for the speakers. This allows the speakers to be placed
anywhere on the site. This system will insure that the PO has an adequate
sound system wherever it may have to address the public and/or persons at
other events.
AGENDA ITEM 6.G
RESOLUTION NOo 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING MIAMI-DADE COUNTY'S
HUMAN RIGHTS ORDINANCE WHICH PROHIBITS DISCRIMINATION
IN HOUSING, EMPLOYMENT AND BANKING BASED ON SEXUAL
ORIENTATION; OPPOSING ANY ATTEMPT TO REPEAL THE
ORDINANCE IN THE UPCOMING MIAMI-DADE COUNTY ELECTIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Miami-Dade County enacted an ordinance which prohibits
discrimination in housing, credit and finance and employment based on sexual
orientation; and
WHEREAS, opponents of the ordinance are attempting to secure its repeal
through an initiative and referendum which will place the issue on the County ballot in
September 2002; and
WHEREAS, the City Commission of the City of Aventura believes it to be in the
best interests of all residents and citizens of the City and County to prohibit all types of
discrimination especially in housing, finance and employment opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby expresses its continuing support of
the Miami-Dade County Human Rights Ordinance and the protection it affords for all
residents and citizens of the County against discrimination.
Section 2. The City Commission urges all responsible citizens to exercise their
right to vote on the issues presented in the upcoming County elections and to vote no
to any repeal of Miami-Dade County's current Human Rights Ordinance.
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Resolution No. 2002-_
Page 2
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 2nd day of July, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
DATE: June 14, 2002
TO: City Commission
SUBJECT: Ordinance Amending Quorum Requirement for City Advisory Boards
1st Reading July 2,2002 City Commission Meeting Agenda Item '71+
2nd Reading September 3, 2002 City Commission Meeting Agenda Item
In accordance with the recommendation of the Economic Development Advisory Board
and discussions held at the June Workshop Meeting, attached is an Ordinance
amending quorum requirements to seven members for City advisory boards.
EMS/aca
Attachment
CCO 1 088-02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION,"
ARTICLE III "ADVISORY BOARDS," DIVISION 3 "ECONOMIC
DEVELOPMENT ADVISORY BOARD," BY AMENDING SECTION 2-154
"RULES OF PROCEDURE" AT PARAGRAPH (C) THEREOF;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 2-154 of the City Code provides for rules of procedure for
the Economic Development Advisory Board; and
WHEREAS, at the recommendation of the Economic Development Advisory
Board, the City Commission wishes to amend Section 2-154(c) to revise the quorum
requirements.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOllOWS:
Section 10 Recitals AdoDted. The above stated recitals are hereby adopted
and confirmed.
Section 2. City Code Amended. That Chapter 2 "Administration" of the City
Code is hereby amended by amending Article III "Advisory Boards," Division 3
"Economic Development Advisory Board," by amending paragraph (c) of Section 2-154
"Rules of Procedure" to read as follows: 1
Sec. 2-154. Rules of Procedureo
(c) NiAe Seven members shall constitute a quorum for the
transaction of business of the Board. Official action shall be
taken by the Board only upon the concurring vote of a majority
of the members present at an official meeting of the Board,
except that at least seven affirmative votes shall be required for
official action.
Section 3. Severabilitvo 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.
'/ Proposed additions to existing City Code text are shown by underline; proposed deletions from
existing City Code text are shown by slriketAFellllA.
Ordinance No. 2002-_
Page 2
Section 4. Inclusion in the Codeo 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 relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Dateo 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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. The motion was seconded by Commissioner
, and, upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED on first reading this 2nd day of July, 2002.
2
Ordinance No. 2002-_
Page 3
PASSED AND ADOPTED on second reading this _ day of
,2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Commission
BY: Joanne Carr, Senior
DATE: June 17, 2002
SUBJECT: Amendment to Section 31-21 to amend definitions
in the City's Land Development Regulations (02-LDR-02)
July 2, 2002 Local Planning Agency Agenda Item '-/ff
July 2, 2002 City Commission Meeting Agenda Item '1 B
September 3, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1. Approve an amendment to the preamble to Section 31-21 to further clarify the
purpose of this section.
2. Approve an amendment to the definition of "hotef' in the City's Land Development
Regulations.
3. Approve an amendment to include the definition of "multi-family residential
dwelling" in the City's Land Development Regulations.
4. Approve an amendment to the definition of "residence or residential use" in the
City's Land Development Regulations.
The ordinance has been amended to reflect Commission's concerns expressed at the
June 13, 2002 workshop meeting.
THE REQUEST
City staff is requesting amendments to Section 31-21 of the City's Land Development
Regulations to clarify the purpose in the preamble to the section, to change the definition
of "hoter', to change the definition of "residence or residential use" and to add the
definition of "multi-family residential dwelling".
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendments improve the administration or execution of the
development process in that it clarifies language and definitions.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it clarifies language and definitions. .
DescriptionlBackground of Proposed Amendments 1:
1. Sec. 31-21. Definitions. (see Exhibit #1)
[For the purposes of this chapter, the following words, terms and phrases shall
have the meanings herein set out.] When these definitions include restrictions.
conditions or limitations. such restrictions. conditions or limitations shall be subiect
to enforcement upon the same basis as other provisions of these Land
Development Requiations.
1 Underlined provisions constitute proposed additions to existing text; slriol(sR tRrO~!lR provisions indicate
proposed deietions from existing text.
The proposed amendment is required to clarify the purpose of Section 31-21
of the City's Land Oevelopment Regulations.
2. Section 31-21. Definitions. (see Exhibit #2)
Hotel shall mean a commercial establishment which provides temporary overnight
sleeping accommodations for the qeneral public. No more than five (5) percent of the
individual hotel units shall be occupied for more than ninety (90) continuous days by
the same occupant of the hotel unit (the "Duration of Stav Restriction"). It shall
constitute a violation of this Duration of Stay Restriction to allow any person to attempt
to circumvent this provision by: relocatinq to another unit in the same hotel; or by
allowinq a person to temporarily check out of the hotel and subsequently re-reqister or
check back into the hotel for such purpose. Principal access to all rental rooms shall
be through an inside lobby or office supervised by a person in charge at all hours.
Other typical hotel services must be provided includinq daily linen and maid service.
and receipt and disbursement of keys and mail by the attendant at the desk in the
lobby. for the occupants of the hotel. No hotel facilitv shall be converted to or used as
a multi-family residential dwellinq. Compliance with the restrictions. conditions or
limitations set forth in this definition. shall be certified bv the licensee at the time of
issuance and renewal of the applicable Citv occupational license.
The proposed amendment is required to provide clarification of the definition
of hotel within the City's Land Oevelopment Regulations.
3. Section 31-21. Definitions.
Multi-Familv residential dwellina shall mean any qroup of more than four (4) dwellinq
units occupyinq a sinqle buildinq site. composed of one (1) or more buildinqs.
The proposed amendment is required to provide a definition of multi-family
residential dwelling in the City's Land Oevelopment Regull1tions.
4. Section 31-21. Definitions. (see Exhibit #3)
Residence or residential use shall mean used or intended for use exclusively for
dwelling purposes, including apartment hotels, as applied to any lot, plat, plot, parcel,
tract, area or building, but not including hotel rooms.
The proposed amendment is required to clarify the definition of residence or
residential use in the City's Land Oevelopment Regulations.
~ 31-4
AVENTURA CODE
(2) Recording amendments to the Zoning Map. Within a reasonable period of time after
any amendment to the Zoning Map, the change shall be posted on the Zoning Map.
(Ord. No. 99-09, ~ I(Exh. A, ~ 104), 7-13-99)
Editor's note-Ord. No. 99-10, ~~ 2-4, adopted June 15, 1999, provided as follows:
Section 2. Adoption of Zoning Map. That the Zoning Map attached as Exhibit "A" [of Ord.
No. 99-10] is adopted as the official zoning map of the CityofAventura, and that all property
within the City is hereby rezoned in accordance with the Zoning Map.
Repeal of Zoning Map and Designations. That the Zoning Map that was adopted by
Section 8.03 of the City Charter (the Miami-Dade County Zoning Map), along with any
amendments thereto, is hereby repealed and replaced as of the effective date of this
Ordinance.
Section 4. Conflicts. That all ordinances and parts of ordinance in conflict herewith are
hereby repealed insofar as they are inconsistent or in conflict with the provisions of this
ordinance or the Land Development Regulations, and the Land Development Regulations
shall replace the provisions of the Miami-Dade County Zoning Code to the fullest extent
allowed by law. However, the repeal of ordinances and the replacement of the Miami-Dade
County Zoning Code shall not affect any offense or act committed or done or any penalty or
forfeiture incurred, or any contract or right established or accruing before the effective date
of this ordinance.
Sees. 31-5-31-20. Reserved.
ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 31-21. Definitions.
~ [For the purposes of this chapter, the following words, terms and phrases shall have the
11II"""'" meanings herein set out.]
Accessory use or accessory building shall mean a use of land or of a building or portion
thereof customarily incidental and subordinate to the principal use of the land or building and
located on the same lot with the principal use.
Addition (to an existing building) shall mean any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load-bearing walls shall constitute new construction.
Adult use shall mean any place in which a principal use is the exchange-for consideration
in any form, monetary or otherwise, for profit or not-for-profit--of materials or exhibitions,
including but not limited to, books, magazines, photographs, performances, videotapes,
electronic media, or movies, which have as their dominant theme matters depicting, describ-
ing, demonstrating or relating to completely or to opaquely covered human genitals or pubic
regions, buttocks, or female breasts below a point immediately above the top of the areola, or
human male genitals in a discernibly turgid state, even if completely and opaquely covered, or
which have as their dominant theme matters depicting, describing, demonstrating or relating
Supp. No.4
EXHIBIT #1
02-LDR-02
LAND DEVELOPMENT REGULATIONS
2 31-21
Home occupation shall mean a business or occupation conducted for limited business
activities in a residential district.
Hospital shall mean a medical facility which provides for both inpatient and outpatient
treatment and has overnight accommodations, wherein professional services concerning
personal health of humans are administered by medical doctors, chiropractors, osteopaths,
optometrists, dentists or any other such profession, which may lawfully be practiced in the
State of Florida.
~ Hotel shall mean a commercial establishment which provides overnight sleeping accommo-
dations for the public. Principal access to all rental rooms shall be through an inside lobby or
office supervised by a person in charge at all hours.
Land shall mean the earth, at or below the surface, that lies above mean high water for
water bodies.
Land use shall mean:
(1) The development that has occurred on land; or
(2) The development that is proposed on land; or
(3) A use that is permitted or permissible on the land under the Plan, or element or portion
thereof, or LDRs.
Light industrial use shall mean an industrial use for the manufacture, fabricating,
processing, converting, warehousing, distribution, wholesaling, altering and assembling of
products, repairing, packaging or treatment of goods, the nature of which is that it will not
cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration, or
excessive light beyond the boundaries of the lot on which the use is conducted; menace by
reason of fire, explosion, or other physical hazards; harmful discharge of waste materials
including hazardous materials; or unusual traffic hazards or congestion due to type or amount
of vehicles required by or attracted to the use.
Local planning agency (LPAJ in accordance with Ordinance 96-27 of the City of Aventura,
the City Commission has been designated as the Local Planning Agency for the City pursuant
to F.S. ~ 163.3174.
Lot shall mean a designated parcel, tract, or area of land established by plat, subdivision,
or as otherwise permitted by law, to be separately owned, used, developed, or built upon. A lot
has an assigned number, letter or other name through which it may be identified.
Lot of record shall mean either a lot or contiguous lots which exist, under single ownership
at the time of adoption of this chapter, and which are part of a subdivision, the plat of which
has been recorded in the Public Records of Miami-Dade County; or any parcel ofland not part
of a subdivision, that has been officially recorded by deed in the Public Records of Miami-Dade
County; provided that the deed for the lot or parcel was recorded prior to the effective date of
zoning in the area where the lot. is located.
Supp. No.4
EXf-IIBIT #2
02-LDR-02
~ 31-21
AVENTURA CODE
Plot. See Lot.
Principal building shall mean a building which is occupied by, and devoted to, a principal
use or an addition to an existing principal building which is larger than the original existing
building. In determining whether a building is of primary importance, the use of the entire
parcel shall be considered. There may be more than one principal building on a parcel.
Pub. See Restaurant.
Public buildings and uses shall mean office and service buildings, uses, or facilities owned
or operated by a governmental agency.
Public utility shall mean any publicly owned, franchised or regulated. facility for rendering
electrical, gas, communications, transportation, water supply, sewage disposal, drainage,
garbage or refuse disposal and fire protection to the general public.
Recreational vehicle shall mean a vehicle or portable structure built on a chassis, without
permanent foundation, which can be towed, hauled or driven and primarily designed as
temporary living accommodation for travel, recreation, or vacation use, including but not
limited to, travel trailers, truck campers, camping trailers, and motor homes.
Rehabilitation centers shall mean any facility for the treatment and rehabilitation of drug
dependents as defined in F.S. ch. 397.
Religious facility shall mean any church, synagogue, denominational or ecclesiastical
organization having an established place for worship in the City at which nonprofit religious
services and activities are regularly conducted.
~ Residence or residential use shall mean used or intended for use exclusively for dwelling
purposes, including apartment hotels, as applied to any lot, plat, plot, parcel, tract, area or
building, but not including hotel rooms.
Restaurant shall mean a commercial establishment where food and beverages are primarily
ordered from individual menus, served at tables, and consumed on premises.
Retail shall mean establishments engaged in selling goods or merchandise directly to the
ultimate consumer for personal or household consumption and rendering services incidental to
the sale of such goods. Establishments primarily engaged in providing services as opposed to
products to individuals shall also be considered a retail use.
Right-or-way shall mean all land dedicated for public transportation, whether public or
private.
Road capacity shall mean the maximum number of vehicles which can pass over a given
section of a roadway, during a given time period under prevailing traffic conditions as defined
in the current version of the Highway Capacity Manual.
Sale shall mean the exchange of a good, service, product or other item for consideration,
regardless of the form that consideration takes.
Satellite dish. See Antenna dish.
Supp. No.4
EXHiBiT #3
02-LDR-02
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 "DEFINITIONS" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
SPECIFY THE ENFORCEABILITY OF RESTRICTIONS,
LIMITATIONS OR CONDITIONS INCLUDED IN ALL
DEFINITIONS; AMENDING THE DEFINITION OF
"HOTEL," AND CREATING RESTRICTIONS,
LIMITATIONS OR CONDITIONS CONCERNING HOTELS;
AMENDING DEFINITION OF "RESIDENCE OR
RESIDENTIAL USE," CREATING DEFINITION FOR
"MULTI-FAMILY RESIDENTIAL DWELLING;" PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR PENALTY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional restrictions and text and to clarify Section
31-21 of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the legislative action set forth in
this Ordinance and has determined that such action is consistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Code Amended. That Section 31-21 "Definitions" of the City's Land
Development Regulations is hereb~ amended so as to provide for clarification and
amendment of definitions, as follows :
I Underlined provisions constitute proposed additions to existing text; ~L.~",l""u tluuu.g:l! provisions indicate proposed
deletions from existing text.
Ordinance No. 2002 -
Page 2
Sec. 31-21. Definitions.
For the purposes of this Chapter, the following words, terms and phrases
shall have the meaning herein set out. When these definitions include
restrictions. conditions or limitations. such restrictions. conditions or
limitations shall be subiect to enforcement upon the same basis as other
provisions of these Land Development Requlations.
Hotel shall mean a commercial establishment which provides temporary
overnight sleeping accommodations for the qeneral public. No more than five (5)
percent of the individual hotel units shall be occupied for more than ninetv (90)
continuous days by the same occupant of the hotel unit (the "Duration of Stay
Restriction"). It shall constitute a violation of this Duration of Stay Restriction to
allow any person to attempt to circumvent this provision by: relocatinq to another
unit in the same hotel: or by allowinq a person to temporarily check out of the
hotel and subsequently re-reqister or check back into the hotel for such purpose.
Principal access to all rental rooms shall be through an inside lobby or office
superyised by a person in charge at all hours. Other typical hotel seryices must
be offered includinq daily linen and maid service. and receipt and disbursement
of keys and mail by the attendant at the desk in the lobby or office. for the
occupants of the hotel. No hotel facility shall be converted to or used as a multi-
familv residential dwellinq. Compliance with the restrictions. conditions or
limitations set forth in this definition. shall be certified bv the licensee at the time
of issuance and renewal of the applicable City occupational license.
Multi-familv residential dwellina shall mean any qroup of more than four (4)
dwellinq units occupyinq a sinqle buildinq site. composed of one (1) or more
buildinqs.
Residence or residential use shall mean used or intended for use exclusively for
dwelling purposes, including 3fJ3FtR"lent hetels, as applied to any lot, plat, plot,
parcel, tract, area or building, but not including hotel rooms.
Section 2. Severabilitv. 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 3. Inclusion in the Code. It is the intention of the City Commission, and
Ordinance No. 2002 -
Page 3
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 relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Penalty. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in
the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate violation. This Ordinance shall
also be subject to enforcement under the Local Government Code Enforcement Act,
Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended.
Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a
court of competent jurisdiction.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
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 Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Ordinance No. 2002 -
Page 4
PASSED on first reading this 2nd day of July, 2002.
PASSED AND ADOPTED on second reading this
day of
,2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
City Commission h
Eric M. Soroka, City c:,\ger
Joanne Carr, Senior Plan
BY:
DATE:
June 21, 2002
SUBJECT:
Amendment to Section 31-145 to allow additional conditional uses in the
Town Center (TC1) Zoning District (04-LDR-02)
July 2,2002 Local Planning Agency Agenda Item t./B
July 2, 2002 City Commission Meeting Agenda Item rr u
September 3, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the amendment to Section 31-145
of the City's Land Development Regulations to allow additional conditional uses in the
Town Center (TC1) zoning district:
THE REQUEST
City staff is requesting an amendment to Section 31-145(b)(3) of the City's Land
Development Regulations to allow additional conditional uses to facilitate development in
the Town Center (TC1) zoning district.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification of and allows for additional
conditional uses and performance standards.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification of and allows for additional
conditional uses and performance standards.
Description/Background of Proposed Amendments 1:
1. Sec. 31-145. Town Center Zoning Districts
(b) Town Center District (TC1) (see Exhibit #1)
(3) Conditional Uses Permitted. The following uses may be established if first
approved as a conditional use '"
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the B1 District.
c. Sale of alcoholic beverages for on-premises consumption except with
meals.
d. Uses that exceed the height limitations, including parking structures.
e. Aboveground storage tanks. Aboveground storage tanks (AST) only as
an accessory use and only for the purpose of storing fuel for emergency
generators. ASTs must conform to the following requirements:
1 Underlined provisions constitute proposed additions to existing text; slriol(eR tRre~!lR provisions indicate
proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged.
1. Be of 550 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources
Management.
3. Be fully screened by a masonry or concrete wall with a self-
closing and locking metal door or gate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development
standards of the TC1 zoning district.
5. Installation of any AST shall require a building permit from the
City. Application for building fermit shall be accompanied by a site
plan indicating the location 0 the AST relative to property lines, the
primary structure served by the AST, any other structures within
300 feet as well as a landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting
documentation as deemed necessary by the City Manager or
designee.
f. Floor areas that are less than the minimum floor areas required by the
provisions of 31-145(5)q hereof.
q. Allocations of interior spaces other than as set forth in Section 31-
145(b)(7) hereof.
h. Structured parkinq that is not incorporated into the buildinq envelope of a
primary use structure. as required by Section 31-145(9) hereof.
i. Structured parkinq that can be seen from a primary use buildinq and that
does not have the area of the top level landscaped and/or decoratively
paved in order to provide amenity areas for buildinq occupants. as
required by Section 31-238 of this Code.
i. Driveways for mixed-use proiects exceedinq twenty (20) acres in size with
a separation of less than 150 feet of landscaped frontaqe as lonq as it is
determined. as part of site plan review that:
i. that landscapinq for the total proiect site ex:ceeds the minimum
requirements of this Code. and:
ii. that traffic studies indicate that a lesser distance between driveways
does not constitute a safety hazard to either vehicular or pedestrian
traffic.
k. Off street parkinq that does not meet the requirements of Section 31-171
(b) or (d) of this Code.
The proposed amendment is required to provide additional conditional uses
to facilitate development in the Town Center (TC1) zoning district within the
City's Land Oevelopment Regulations.
~ 31-145
~(3)
AVENTURA CODE
with the intent of the RMF3, Multi-Family Medium Density Residential District,
with office and/or retail commercial uses allowed in the B1, Neighborhood
Business District, where the ratio of total square feet dedicated to residential and
non-residential uses is between 3:1 and 1:3.
b. All uses permitted in the CF District.
(2) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density
Residential District, except for uses which, by their nature, would inhibit the
establishment of permitted commercial activities or restrict the acceptable
mixing of residential and non-residential uses.
b. All uses permitted as accessory uses in the CF, Community Facilities District.
c. Outdoor dining as an accessory use to a permitted restaurant or retail use.
Conditional uses permitted. The following uses may be established if first approved as
a conditional use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the B1 District.
c. Sale of alcoholic beverages for on-premises consumption except with meals.
d. Uses that exceed the height limitations.
e. Aboveground storage tanks. Aboveground storage tanks (AST) only as an
accessory use and only for the purpose of storing fuel for emergency generators.
ASTs must conform to the following requirements:
l.
2.
Be of 550 gallons capacity or less.
Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance with
the City's Landscape Code.
Be located in a manner consistent with the site development standards of
the TC1 zoning district.
Installation of any AST shall require a building permit from the City.
Application for building permit shall be accompanied by a site plan
indicating the location of the AST relative to property lines, the primary
structure served by the AST, any other structures within 300 feet as well as
a landscape plan prepared by a Florida licensed architect or landscape
architect and other supporting documentation as deemed necessary by the
City Manager or designee.
3.
4.
5.
Supp. No.5
EXHIBIT #1
04-LDR-02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING PARAGRAPH (b) OF SECTION 31-145 "TOWN
CENTER DISTRICT (TC1) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ADD CONDITIONAL
USE REGULATIONS REGARDING MINIMUM FLOOR
AREAS, ALLOCATIONS OF INTERIOR SPACE,
STRUCTURED PARKING REQUIREMENTS, DRIVEWAY
STANDARDS AND OFF-STREET PARKING
REQUIREMENTS IN THE TC1 ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional language and/or to clarify certain
sections of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA THAT:
Ordinance No. 2002 -
Page 2
Section 1. Paragraph (b), "Town Center District (TC1)" of Section 31-145 "Town
Center Zoning Districts" of the City's Land Development Regulations is hereby
amended as follows: 1
Sec. 31-145. Town Center Zoning Districts...
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts:
(3) Conditional Uses Permitted: The following uses may be established if first
approved as a conditional use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the B1 District.
c. Sale of alcoholic beverages for on-premises consumption except with
meals.
d. Uses that exceed the height limitations, including parking structures.
e. Aboveground storage tanks. Aboveground storage tanks (AST) only
as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following
requirements:
1 . Be of 550 gallons capacity or less.
2. Be installed and operated under a valid penmit from the
Miami-Dade County Department of Environmental Resources
Management.
3. Be fully screened by a masonry or concrete wall with a self-
closing and locking metal door or gate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
1;. Be located in a manner consistent with the site development
standards of the TC1 zoning district.
5. Installation of any AST shall require a building permit from
the City. Application for building permit shall be accompanied by
a site plan indicating the location of the AST relative to property
lines, the primary structure served by the AST, any other
1 Underlined provisions constitute proposed additions to existing text; "!riek.a threugh provisions indicate proposed
deletions from existing text.
Ordinance No. 2002 -
Page 3
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City
Manager or designee.
f. Floor areas that are less than the minimum floor areas required by the
provisions of 31-145(5)q hereof.
q. Allocations of interior spaces other than as set forth in Section 31-
145(b)(7) hereof.
h. Structured parkinq that is not incorporated into the buildinq envelope
of a primary use structure. as required by Section 31-145(9) hereof.
i. Structured parkinq that can be seen from a primary use Duildinq and
that does not have the area of the top level landscaped and/or
decoratively paved in order to provide amenity areas for buildinq
occupants. as required by Section 31-238 of this Code.
i. Driveways for mixed-use proiects exceedinq twenty (20) acres in size
with a separation of less than 150 feet of landscaped frontaqe as lonq
as it is determined. as part of site plan review that:
i. landscapinq for the total proiect site exceeds the minimum
requirements of this Code. and:
ii. traffic studies indicate that a lesser distance between driveways
does not constitute a safety hazard to either vehicular or pedestrian
traffic.
k. Off street parkinq that does not meet the requirements of Section 31-
171 (b) or (d) of this Code.
Section 2. 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 3. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a
Ordinance No. 2002 -
Page 4
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 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. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED on first reading this 2nd day of July, 2002.
Ordinance No. 2002 -
Page 5
PASSED AND ADOPTED on second reading _ day of
,2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City
BY: Joanne Carr, Seni
DATE: June21,2002
SUBJECT: Amendment to Section 31-78 of the City's Land Development Regulations to
exempt a Declaration in Lieu of Unity of Title from the mandatory platting
requirements of the Code. (05-LDR-02)
July 2, 2002 Local Planning Agency Agenda Item "I c..
July 2, 2002 City Commission Meeting Agenda Item ~
September 3, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the amendment to Paragraph (k) of
Section 31-78 of the City's Land Development Regulations to allow a Declaration in Lieu
of Unity of Title as an exemption to the mandatory platting requiremeflts of the Code.
THE REQUEST
City staff is requesting an amendment to Paragraph (k) of Section 31-78 of the City's Land
Development Regulations to allow a Declaration in Lieu of Unity of Title as an exemption
to the mandatory platting requirements of the Code.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
2
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification of and allows for declarations
in lieu of unity of title to be exempt from the mandatory platting requirements of the
Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for exemption of Declarations in Lieu of Unity
of Title from the mandatory platting requirements of the Code.
Description/Background of Proposed Amendments 1:
1. Sec. 31-78. Subdivision Plat Approval. (see Exhibit #1)
(k) Modifications to recorded plats. The modifications listed in this section may be
accomplished upon a finding by the Community Development Director that the
regulations of this section have otherwise been met and through the payment of
any fees for the cost of processing. The following types of development shall be
deemed exempt and not subject to the provisions of the mandatory platting
requirements of this code:
(1) The dedication of land or any interest in land to any governmental agency,
entity or political subdivision.
(2) The division of a duplex zoned platted lot to permit individual ownership in
conformance with all applicable zoning and Building Code provisions.
1 Underlined provisions constitute proposed additions to existing text; striol<sA thro~!lh provisions indicate
proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged.
3
(3) The combination of lots and/or portions of lots to create a common building
site provided that the property owner presents :m instrumont a unity of title or
declaration in lieu thereof recordable in the public records of Miami-Dade County,
Florida either:
(a) identifying the boundaries of the building site and the intent to develop
and convey as one site or parcel in perpetuity or so long as the proposed use exists
Qi;.
(b) where the property owner presents a declaration in lieu of a unity of
title recordable in the public records of Miami-Dade County. Florida that:
(i) identifies the boundaries of the buildinq site:
(ii) provides that the subiect site will be developed in accordance with
the approved site plan and that no maior site plan revision shall be effectuated
without the written consent of the then owner(s) of the phase or portion of the
property for which modification is souqht. and the Director of Community
Development. provided the Director determines that the .proposed modification
does not constitute a maior site plan revision. as set forth in the City's Land
Development Requlations. Should the Director withhold such approval. the then
owner(s) of the phase or portion of the property for which modification is souqht
shall be permitted to seek such modification bv application to modify the plan or
covenant at public hearinq before the City Commission:
(iii) if the subiect property will be developed in phases. that each
phase will be developed without a maior site plan revision. except as otherwise
modified pursuant to Section 31-78(k)(3)(b)(ii) hereof.
(iv) in the event of multiple ownerships subsequent to site plan
approval. that each of the subsequent owners shall be bound by the terms.
provisions and conditions of the declaration in lieu of unity of title. The owner shall
further aqree that he or she will not convey portions of the subiect property to such
other parties unless and until the owner and such other partv (parties) shall have
executed and mutually delivered. in recordable form. an instrldment to be known as
an "easement and operatinq aqreement" which shall contain. amonq other thinqs:
a. Easements in the common area of each parcel for
inqress to and eqress from the other parcels:
b. Easements in the common area of each parcel for the
passaqe and parkinq of vehicles:
c. Easements in the common area of each parcel for the
passaqe and accommodation of pedestrians:
d. Easements for access roads across the common area of
each parcel to public and private roadways:
e. Easements for the installation. use. operation.
maintenance, repair. replacement. relocation and removal of utility facilities in
appropriate areas in each such parcel:
f. Easements on each such parcel for construction of
buildinqs and improvements in favor of each such other parcel:
q. Easements upon each such parcel in favor of each
adioininq parcel for the installation. use. maintenance. repair. replacement and
4
utility companies;
and curb cuts;
k. Appropriate reservation of riqhts to road riqht-of-ways
I. Easements in favor of each such parcel for pedestrian
and vehicular traffic over dedicated rinq roads and access roads; and
m. Appropriate aqreements between the owners of the
several parcels as to the obliqation to maintain and repair all private roadways.
parkinq facilities. common areas and common facilities and the like.
These provisions or portions thereof may be waived by the Director if they are not
applicable to the subiect property. The provisions of the easement and operatinq
aqreement shall not be amended without prior written approval of the City Attornev.
In addition. such easement and operatinq aqreement shall contain such other
provisions with respect to the operation. maintenance and development of the
property as to which the parties thereto may aqree or the City Manaqer may
require. all to the end that althouqh the property may have several owners. it will be
constructed. conveyed. maintained and operated in accordance with the approved
site plan and in a co-ordinated and unified manner.
fQ} The declaration shall be in effect for a period of thirty (30) years from the date
the documents are recorded in the public records of Miami-Dade County.
Florida. after which they shall be extended automatically for successive periods
of ten (10) years unless released in writinq by the owners and the Director.
actinq for and on behalf of the City of Aventura. Florida. upon the demonstration
and affirmative findinq that the same is no lonqer necessary to preserve and
protect the property for the purposes herein intended.
@ Enforcement of the declaration shall be by action at law or in equity with costs
and reasonable attorney's fees to the prevailinq party.
@2 No combination shall be approved where approval would allow a violation of
any other provision of this chapter.
(4) The division of a nonresidential zoned parcel into not more than two parcels,
when the City determines that a new public right-of-way or parcel access is not
required. In this instance, the Community Development Department and
Engineering Division may require that any or all of the following items be
provided and approved:
a. Current survey.
b. Sketch plat.
5
b. Sketch plat.
c. Master parking plan.
d. Secondary access plan.
e. Alley, access, drainage, utility, planting and other easements.
f. Paving and drainage plan.
g. Sewer and water plans.
The proposed amendment is required to provide for exemption of a
Oeclaration in Lieu of Unity of Title from the mandatory platting requirements
of the City's Land Oevelopment Regulations.
LAND DEVELOPMENT REGULATIONS
~ 31-79
to the property owner shall hold a public hearing. If the City Commission finds that the
conditions have not been satisfied, the City Commission shall take immediate
corrective action to ensure compliance.
~ (k) Modifications to recorded plats. The modifications listed in this section may be
~ccomplished upon a finding by the Community Development Director that the regulations of
this section have otherwise been met and through the payment of any fees for the cost of
processing. The following types of development shall be deemed exempt and not subject to the
provisions of the mandatory platting requirements of this code:
(1) The dedication of land or any interest in land to any governmental agency, entity or
political subdivision.
(2) The division of a duplex zoned platted lot to permit individual ownership in conform-
ance with all applicable zoning and Building Code provisions.
(3) The combination of lots and/or portions of lots to create a common building site
provided that the property owner presents an instrument recordable in the public
records of Miami-Dade County, Florida identifying the boundaries of the building site
and the intent to develop and convey as one site or parcel in perpetuity or so long as
the proposed use exists. No combination shall be approved where approval would allow
violation of any other provision of this chapter.
(4) The division of a nonresidential zoned platted parcel into not more than two parcels,
when the City determines that a new public right-of-way or parcel access is not
required. In this instance, the Community Development Department and Engineering
Division may require that any or all of the following items be provided. and approved:
a. Current survey.
b. Sketch plat.
c. Master parking plan.
d. Secondary access plan.
e. Alley, access, drainage, utility, planting, or other easements.
f. Paving and drainage plan.
g. Sewer and water plans.
(1) Recorded plat. No change to a recorded plat shall be created and no development is
undertaken except in conformance with the recorded plat or as specifically allowed in this
section.
(Ord. No. 99-09, ~ HExh. A, ~ 508),7-13-99)
Sec. 31-79. Administrative site plan review.
(a) Required. Except as provided in section 31-80(c), application for site plan approval for
all developments shall be submitted to the Community Development Department for review
and approval prior to the issuance of building permits. The Community Development
Supp. No.4
EXHIBIT #.j
05-LDR-02
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING PARAGRAPH (k) "MODIFICATIONS TO
RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION
PLAT APPROVAL" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS REGARDING SUBDIVISION
REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR
DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional language and/or to clarify certain
sections of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Paragraph (k) "Modifications to Recorded Plats" of Section 31-78
"Subdivision Plat Approval" of the City's Land Development Regulations is
Ordinance No. 2002-_
Page 3
hereby amended as follows 1:
Sec. 31-78. Subdivision plat approval.
(k) Modifications to recorded plats. The modifications listed in this section may
be accomplished upon a finding by the Community Development Director that
the regulations of this section have otherwise been met and through the payment
of any fees for the cost of processing. The following types of development shall
be deemed exempt and not subject to the provisions of the mandatory platting
requirements of this code:
(1) The dedication of land or any interest in land to any governmental agency,
entity or political subdivision.
(2) The division of a duplex zoned platted lot to permit individual ownership in
conformance with all applicable zoning and Building Code provisions.
(3) The combination of lots and/or portions of lots to create a common building
site provided that the property owner presents aA iAstrblment a unitv of title or
declaration in lieu thereof recordable in the public records of Miami-Dade County,
Florida either:
(a) identifying the boundaries of the building site and the intent to develop
and convey as one site or parcel in perpetuity or so long as the proposed use
exists or:.
(b) where the property owner presents a declaration in lieu of a unitv of
title recordable in the public records of Miami-Dade County, Florida that:
(j) identifies the boundaries of the buildinq site:
ni) provides that the subiect site will be developed in accordance
with the approved site plan and that no maior site plan revision shall be
effectuated without the written consent of the then owner(s) of the phase or
portion of the property for which modification is souqht. and the Director of
Community Development. provided the Director determines that the proposed
modification does not constitute a maior site plan revision, as set forth in the
City's Land Development Requlations. Should the Director withhold such
approval. the then owner(s) of the phase or portion of the property for which
modification is souqht shall be permitted to seek such modification by application .
1 Underlined provisions constitute proposed additions to the existing text; striokeR thre~!lR provisions
indicate proposed deletions from existing text. Remaining provisions are now in effect and remain
unchanged.
Ordinance No. 2002-_
Page 4
to modify the plan or covenant at public hearinq before the City Commission:
Oil) if the subiect property will be developed in phases, that each
phase will be developed without a maior site plan revision. except as otherwise
modified pursuant to Section 31-78(k)(3)(b)(ii) hereof.
Ov) in the event of multiple ownerships subsequent to site plan
approval. that each of the subsequent owners shall be bound by the terms.
provisions and conditions of the declaration in lieu of unity of title. The owner
shall further aqree that he or she will not convey portions of the subiect property
to such other parties unless and until the owner and such other party (parties)
shall have executed and mutually delivered. in recordable form. an instrument to
be known as an "easement and operatinq aqreement" which shall contain.
amonq other thinqs:
a. Easements in the common area of each parcel for
inqress to and eqress from the other parcels:
b. Easements in the common area of each parcel for the
passaqe and parkinq of vehicles:
c. Easements in the common area of each parcel for the
passaqe and accommodation of pedestrians:
d. Easements for access roads across the common area
of each parcel to public and private roadways:
e. Easements for the installation. use. operation.
maintenance. repair. replacement. relocation and removal of utility facilities in
appropriate areas in each such parcel:
f. Easements on each such parcel for construction of
buildinqs and improvements in favor of each such other parcel:
q. Easements upon each such parcel in favor of each
adioininq parcel for the installation. use. maintenance. repair. replacement and
removal of common construction improvements such as footinqs. supports and
foundations:
buildinqs:
h. Easements on each parcel .for attachment of
i. Easements on each parcel for buildinq overhanqs
and other overhanqs and proiections encroachinq upon such parcel from
adioininq parcel such as. by wav of example. marquees. canopies. liqhts. liqhtinq
devices. awninqs. winq walls and the like:
i. Appropriate reseryation of riqhts to qrant easements
to utility companies:
k.
and curb cuts:
Appropriate reservation of riqhts to road riqht-of-ways
I. Easements in favor of each such parcel for pedestrian
and vehicular traffic over dedicated private rinq roads and access roads: and
m. Appropriate aqreements between the owners of the
several parcels as to the obliqation to maintain and repair all private roadways.
parkinq facilities. common areas and common facilities and the like.
These provisions or portions thereof may be waived by the Director if they are
not applicable to the subiect property. The provisions of the easement and
Ordinance No. 2002-_
Page 5
operatinq aqreement shall not be amended without prior written approval of the
Office of the City Attorney. In addition. such easement and operatinq aqreement
shall contain such other provisions with respect to the operation. maintenance
and development of the property as to which the parties thereto mav aqree or the
Citv Manaqer mav require. all to the end that althouqh the property mav have
several owners. it will be constructed, conveyed, maintained and operated in
accordance with the approved site plan and in a coordinated and unified
manner..
(c) The declaration shall be in effect for a period of thirty (30) years from
the date the documents are recorded in the public records of Miami-Dade County.
Florida. after which time they shall be extended automaticallv for successive periods of
ten (10) vears unless released in writinq by the owners and the Director. actinq for and
on behalf of the City of Aventura. Florida. upon the demonstration and affirmative
findinq that the same is no lonqer necessary to preserve and protect the property for the
purposes herein intended.
(d) Enforcement of the declaration shall be by action at law or in equity
with costs and reasonable attorney's fees to the prevailinq party.
(e) No combination shall be approved where approval would allow a
violation of any other provision of this chapter.
(4) The division of a non-residential zoned parcel into not more than two
parcels, when the City determines that a new public right-of-way or parcel
access is not required. In this instance, the Community Development
Department and Engineering Division may require that any or all of the
following items be provided and approved:
a. Current suryey
b. Sketch plat
c. Master parking plan
d. Secondary access plan
e. Alley, access, drainage, utility, planting and other easements
f. Paving and drainage plan
g. Sewer and water plans.
Section 2. 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
Ordinance No. 2002-_
Page 6
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
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. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED on first reading this 2nd day of July, 2002.
Ordinance No. 2002-_
Page 7
PASSED AND ADOPTED on second reading this _ day of _, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
City Commission ~
Eric M. Soroka, ct ana r
H~~gOre, Fina Sport Seryices Director
TO:
BY:
DATE:
June 25, 2002
SUBJECT: Ordinance Authorizing Financing for Charter School Acquisition &
Construction & Completion of Community Center Construction
1st Reading July 2,2002 City Commission Agenda Item No. 1E..
2nd Reading July 18, 2002 City Commission Agenda Item No._
RECOMMENDATION
It is recommended that the City Commission approve the Ordinance authorizing the
borrowing of up to $13,000,000 to finance land acquisition and building construction of
the Charter School and the completion of the Community Center. Section 4.03 (6) of
the City Charter states that an ordinance is required to "authorize the borrowing of
money". This ordinance satisfies this City Charter requirement.
BACKGROUND
At the June 10, 2002 workshop meeting, the City Commission was advised that the City
would proceed with a financing program through the Florida Intergovernmental Finance
Commission. At that time, the Commission was also advised that specific authorization
and approval documents would be included on future meetings of the City Commission.
This Ordinance is the first of those documents.
I am still working with the City's Bond Counsel and other parties to the borrowing on the
other documents relating to the borrowing. I am also working with our Financial Advisor
and underwriter for the Florida Intergovernmental Financing Commission on the pricing
and costs of the borrowing. I anticipate that all documents will be ready by July 10th and
have requested that the financing be included on the special meeting preceding the July
18th workshop meeting. At the special meeting the City Commission will be asked to
approve this ordinance on second reading and a resolution authorizing the execution of
the other financing documents.
Page (2)
Ordinance Authorizing Financing for Charter School
Acquisition & Construction & Completion of Community Center
The actual financing is anticipated to be less than $12.5 million. However, the
authorizing ordinance allows up to $13 million just in case there was a need to establish
a larger debt seryice reserye fund as part of the final pricing of the issue. I don't believe
this is likely but I wanted to give the City that option should it be favorable for us
between now and the final pricing of the borrowing.
HMKlmn
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$13,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF
OBLIGATIONS OF THE CITY TO FINANCE THE SITE
ACQUISITION, CONSTRUCTION AND EQUIPPING OF A K-5 CHARTER
ELEMENTARY SCHOOL AND THE COMPLETION OF A COMMUNITY
RECREATION CENTER AND TO PAY COSTS AND EXPENSES OF
ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO
BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD
VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF,
REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE
OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS
OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
SECTION 1. DEFINITIONS. When used in this Ordinance, the following terms
shall have the following meanings, unless some other meaning is plainly intended:
"City" shall mean the City of Aventura, Florida, a municipal corporation established
by the State of Florida.
"Commission" shall mean the City Commission of the City of Aventura, Florida.
"Cost" or "Costs" as the same relates to the Project, shall mean (A) the cost of
physical construction, reconstruction or completion; (8) the cost of acquisition or purchase;
(C) the cost of all labor, materials, machinery and equipment; (D) the cost of land and any
interests in the land; property rights; easements and franchises of any nature; (E) the cost
of indemnity and surety bonds and premiums for insurance during construction; (F) all
interest due to be paid on the Obligations and any other obligations relating to the Project
during the period of construction and for such period of time subsequent to completion of
acquisition and construction as the Commission deems appropriate; (G) engineering,
financial, legal and other consultant fees and expenses; (H) the cost of plans and
specifications, construction plans, suryeys and estimates of costs; (I) costs and expenses
of audits, fees and expenses of any paying agent, registrar, trustee, issuer of a credit
facility or a liquidity facility, municipal bond insurance company or depository; (J)
payments, when due (whether at the maturity of principal or the due date of interest or
upon redemption) on any interim or temporary indebtedness incurred for any portion of the
Project; (K) costs and expenses related to the issuance of the Obligations or other
indebtedness related to the Project;
(L) costs related to collection of special assessments; and (M) any other costs and
expenses properly attributable to acquisition or construction of the Project, and such other
Ordinance No. 2002-_
Page 2
expenses as may be necessary or incidental to the issuance of the Obligations; and shall
include reimbursement to the City or any other person, firm or corporation for any moneys
advanced for any costs incurred by the City or such person, firm or corporation in
connection with any such items or costs. The Resolution may provide for additional items
to be designated as Costs.
"Non-Ad Valorem Funds" shall mean all revenues of the City derived from any
source other than ad valorem taxation on real or personal property, which are legally
available to make the payments required in this Ordinance but only after provision has
been made by the City for the payment of all essential or legally mandated seryices.
"Obligations" shall mean the bonds, notes, certificates or other evidence of
indebtedness issued by the City pursuant to this Ordinance.
"Ordinance" shall mean this Ordinance enacted by the Commission, as amended
and supplemented from time to time.
"Project" shall mean those capital improvement projects set forth in the plans and
specifications on file or to be on file with the City, as the same may be modified or
amended from time to time, which are described generally in Exhibit A to this Ordinance.
"Resolution" shall mean the resolution authorizing the issuance of all or a portion of
the Obligations and setting forth the terms and details of such Obligations as described in
Section 4.
Words importing the singular number include the plural number, and vice versa.
SECTION 2. FINDINGS. The Commission finds and determines that:
(A) The acquisition and construction of the Project is necessary in order to maintain
and protect the health, welfare and safety of the citizens of the City.
(B) The most efficient and cost-effective method of financing the acquisition and
construction of the Project is by the issuance of the Obligations secured by Non-Ad
Valorem Funds in the manner set forth in Section 5 of this Ordinance and in the
Resolution.
(C) The principal of, redemption premium, if any, and interest on the Obligations shall
be paid from Non-Ad Valorem Funds, unless otherwise paid by such entity as shall provide
credit enhancement, if any, on the Obligations and in such a case, reimbursement of the
credit enhancer shall be from Non-Ad Valorem Funds. The City shall never use or be
required to use any ad valorem taxes for the payment of the Obligations. The Obligations
shall not constitute a general obligation of the City or a pledge of its faith and credit, nor
shall the holders of the Obligations have any lien or encumbrance on any property owned
by the City, including the Project.
SECTION 3. AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF
Ordinance No. 2002-_
Page 3
THE PROJECT. The Commission authorizes and approves the acquisition and
construction of the Project.
SECTION 4. ISSUANCE OF THE OBLIGATIONS. The Obligations are authorized to
be issued at one or more times in an aggregate principal amount of not exceeding
$13,000,000. The particular designation of each Obligation shall be made in the
Resolution. The Obligations shall be issued for the principal purposes of (A) paying all or a
portion of the Cost of the Project, (B) establishing debt service reserves, if deemed
necessary by the Commission, and (C) paying costs and expenses of issuing the
Obligations. The principal of, redemption premium, if any, and interest on the Obligations
shall be payable solely from Non-Ad Valorem Funds, in the manner set forth in Section 5
of this Ordinance and in the Resolution.
The Obligations shall be dated such date or dates, shall bear interest at such rate or
rates, shall mature at such time or times and in such amount or amounts as may be
determined in the Resolution, and may be redeemable before maturity, at the option of the
City, at such price or prices and under such terms and conditions as may be fixed in the
Resolution. The Commission shall determine in the Resolution the form of the Obligations,
the manner of executing such Obligations, and such other terms and provisions of the
Obligations as it deems appropriate. The Obligations may bear interest at a fixed or
variable rate, as shall be determined in the Resolution. In case any officer whose signature
or a facsimile of whose signature shall appear on any Obligation shall cease to be such
officer before the delivery of such Obligation, such signature or such facsimile shall
nevertheless be valid and sufficient for all purposes the same as if he or she had remained
in office until such delivery. The Commission shall sell the Obligations in such manner and
for such price as it determines in the Resolution to be in the best interests of the City. The
Obligations may be further secured by any credit enhancement as determined by the
Commission in the Resolution.
The Obligations may be issued without any other proceedings or the happening of
any other conditions or things other than the adoption of the Resolution.
The proceeds of the Obligations shall be disbursed in such manner and under such
restrictions, if any, as may be provided in the Resolution.
The Resolution shall include, but without limitation, provisions as to the rights and
remedies of the holders of the Obligations, the application of funds, the flow of funds and
such other matter~ as are customarily in such an instrument. The Resolution may provide
for the City entering into one or more loan or other financing agreements with the
purchaser of the Obligations.
SECTION 5. COVENANT TO BUDGET AND APPROPRIATE. The City may
covenant and agree pursuant to a Resolution to appropriate in its annual budget, by
amendment, if necessary, from Non-Ad Valorem Funds lawfully available in each fiscal
year, amounts sufficient to pay the principal of, redemption premium, if any, and interest on
any Obligation when due each fiscal year or to reimburse any credit enhancer which may
have satisfied such payment. Such covenant and agreement on the part of the City to
Ordinance No. 2002-_
Page 4
budget and appropriate such amounts of Non-Ad Valorem Funds shall be cumulative to
the extent not paid, and shall continue until such Non-Ad Valorem Funds or other legally
available funds in amounts sufficient to make all such required payments shall have been
budgeted, appropriated and actually paid. Notwithstanding the foregoing, the City has not
covenanted to maintain any seryices or programs, now provided or maintained by the City,
which generate Non-Ad Valorem Funds.
Such covenant to budget and appropriate shall not create any lien upon or pledge of
such Non-Ad Valorem Funds, nor shall it preclude the City from pledging in the future its
Non-Ad Valorem Funds, nor shall it require the City to levy and collect any particular Non-
Ad Valorem Funds, nor shall it give the holders of any Obligations or any credit enhancer a
prior claim on the Non-Ad Valorem Funds as opposed to claims of general creditors of the
City. Such covenant to appropriate Non-Ad Valorem Funds shall be subject in all respects
to the payment of obligations secured by a prior or future pledge of such Non-Ad Valorem
Funds (including the payment of debt service on bonds and other debt instruments).
However, the covenant to budget and appropriate in its annual budget for the purposes
and in the manner stated in this Ordinance and in the Resolution shall have the effect of
making Non-Ad Valorem Funds available for the payment of the Obligations, and placing
on the City a positive duty to appropriate and budget, by amendment, if necessary, Non-Ad
Valorem Funds sufficient to meet its obligations under this Ordinance and the Resolution;
subject, however, in all respects to the restrictions of Section 166.241(3), Florida Statutes,
which provides, in part, that the governing body of each municipality make appropriations
for each fiscal year which, in anyone year, shall not exceed the amount to be received
from taxation or other revenue sources; and subject, further, to the payment of seryices
and programs which are for essential public purposes of the City or which are legally
mandated by applicable law.
SECTION 6. TAXING POWER NOT PLEDGED. The Obligations issued under the
provisions of this Ordinance and the obligation to repay any credit enhancer of such
obligations shall not be deemed to constitute a pledge of the faith and credit of the City, but
the Obligations and repayment shall be payable from the Non-Ad Valorem Funds in the
manner provided in this Ordinance and the Resolution. The issuance of the Obligations
under the provisions of this Ordinance shall not directly, indirectly or contingently obligate
the City to levy or to pledge any form of ad valorem taxation. The holder of the Obligations
shall never have the right to compel any exercise of the ad valorem taxing power on the
part of the City to pay the Obligations or the interest on the Obligations against any
property of the City, nor shall the Obligations constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the City.
SECTION 7. REMEDIES OF HOLDERS OF OBLIGATIONS. The holders of the
Obligations, except to the extent the rights given to them pursuant to this Ordinance may
be restricted by the Resolution, may, whether at law or in equity, by suit, action,
mandamus or other proceeding, protect and enforce any and all rights under the laws of
the State of Florida or granted under this Ordinance or under the Resolution, and may
enforce and compel the performance of all duties required by this Ordinance or by such
Resolution, to be performed by the City.
Ordinance No. 2002-
Page 5
SECTION 8. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide
an additional and alternative method for the doing of things authorized hereby and shall be
regarded as supplemental and additional to powers conferred by other laws, and shall not
be regarded as in derogation of any powers now existing or which may hereafter come into
existence. This Ordinance, being necessary for the welfare of the inhabitants and/or
property owners of the City, shall be liberally construed to effect its purposes.
SECTION 9. GENERAL AUTHORITY. The members of the Commission of the City
and the officers, attorneys and other agents or employees of the City are authorized to do
all acts and things required of them by this Ordinance, or desirable or consistent with its
requirements for the full punctual and complete performance of all the terms, covenants
and agreements contained in this Ordinance.
SECTION 10. SEVERABILITY. If any section, paragraph, clause or provision of this
Ordinance shall be held to be invalid for any reason, such invalidity shall not effect the
validity or enforcement of any of the remaining provisions. This Ordinance shall take
precedence over any other ordinance or resolution of the City to the extent of any conflict
or inconsistency with each.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its enactment on the second reading.
The foregoing Ordinance was offered by Commissioner
moved its adoption on first reading. This motion was seconded
and upon being put to a vote, the vote was as follows:
,who
by Commissioner
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
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 Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Ordinance No. 2002-_
Page 6
PASSED on first reading this 2nd day of July, 2002.
PASSED AND ADOPTED on second reading this 18th July, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT A
DESCRIPTION OF THE PROJECT
Complete descriptions of the Project are set forth in the plans, specifications and
records of the City. A general description of the Project is as follows:
A. Acquisition, construction and equipping of an approximately 44,000 square
foot K-5 charter elementary school, including acquisition of the site thereon.
B. Completion of the construction and equipping of an approximately 25,000 square
foot Community/Recreation center.
ORDINANCE NO. 2002-_
7tu,sed qftr Ojad-ru
cfufrlk-i10 ^- anI:.. fF'/a,...
fU rl\eL--h~. 1 E
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$13,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF
OBLIGATIONS OF THE CITY TO FINANCE AND/OR
REIMBURSE COSTS RELATING TO THE SITE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF A K-5 CHARTER ELEMENTARY
SCHOOL AND THE COMPLETION OF A COMMUNITY RECREATION
CENTER AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH
OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND
APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM FUNDS
EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION
PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS;
PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH
OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
SECTION 1. DEFINITIONS. When used in this Ordinance, the following terms
shall have the following meanings, unless some other meaning is plainly intended:
"City" shall mean the City of Aventura, Florida, a municipal corporation established
by the State of Florida.
"Commission" shall mean the City Commission of the City of Aventura, Florida.
"Cost" or "Costs" as the same relates to the Project, shall mean (A) the cost of
physical construction, reconstruction or completion; (B) the cost of acquisition or purchase;
(C) the cost of all labor, materials, machinery and equipment; (D) the cost of land and any
interests in the land; property rights; easements and franchises of any nature; (E) the cost
of indemnity and surety bonds and premiums for insurance during construction; (F) all
interest due to be paid on the Obligations and any other obligations relating to the Project
during the period of construction and for such period of time subsequent to completion of
acquisition and construction as the Commission deems appropriate; (G) engineering,
financial, legal and other consultant fees and expenses; (H) the cost of plans and
specifications, construction plans, suryeys and estimates of costs; (I) costs and expenses
of audits, fees and expenses of any paying agent, registrar, trustee, issuer of a credit
facility or a liquidity facility, municipal bond insurance company or depository; (J)
payments, when due (whether at the maturity of principal or the due date of interest or
upon redemption) on any interim or temporary indebtedness incurred for any portion of the
Project; (K) costs and expenses related to the issuance of the Obligations or other
indebtedness related to the Project;
(L) costs related to collection of special assessments; and (M) any other costs and
expenses properly attributable to acquisition or construction of the Project, and such other
Ordinance No. 2002-_
Page 2
expenses as may be necessary or incidental to the issuance of the Obligations; and shall
include reimbursement to the City or any other person, firm or corporation for any moneys
advanced for any costs incurred by the City or such person, firm or corporation in
connection with any such items or costs. The Resolution may proYide for additional items
to be designated as Costs.
"Non-Ad Valorem Funds" shall mean all revenues of the City derived from any
source other than ad valorem taxation on real or personal property, which are legally
available to make the payments required in this Ordinance but only after provision has
been made by the City for the payment of all essential or legally mandated seryices.
"Obligations" shall mean the bonds, notes, certificates or other evidence of
indebtedness issued by the City pursuant to this Ordinance.
"Ordinance" shall mean this Ordinance enacted by the Commission, as amended
and supplemented from time to time.
"Project" shall mean those capital improvement projects set forth in the plans and
specifications on file or to be on file with the City, as the same may be modified or
amended from time to time, which are described generally in Exhibit A to this Ordinance.
"Resolution" shall mean the resolution authorizing the issuance of all or a portion of
the Obligations and setting forth the terms and details of such Obligations as described in
Section 4. The term "Resolution" shall also incorporate the provisions of anv loan
aoreement or other financinq aoreement that is approved pursuant to the Resolution and
which is executed in connection with the Oblioations.
Words importing the singular number include the plural number, and vice versa.
SECTION 2. FINDINGS. The Commission finds and determines that:
(A) The acquisition and construction of the Project is necessary in order to maintain
and protect the health, welfare and safety of the citizens of the City.
(6) The most efficient and cost-effective method of financing the acquisition and
construction of the Project is by the issuance of the Obligations secured by Non-Ad
Valorem Funds in the manner set forth in Section 5 of this Ordinance and in the
Resolution.
(C) The principal of, redemption premium, if any, and interest on the Obligations shall
be paid from Non-Ad Valorem Funds, unless otherwise paid by such entity as shall provide
credit enhancement, if any, on the Obligations and in such a case, reimbursement of the
credit enhancer shall be from Non-Ad Valorem Funds. The City shall never use or be
required to use any ad valorem taxes for the payment of the Obligations. The Obligations
shall not constitute a general obligation of the City or a pledge of its faith and credit, nor
shall the holders of the Obligations have any lien or encumbrance on any property owned
by the City, including the Project.
Ordinance No. 2002-_
Page 3
SECTION 3. AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF
THE PROJECT. The Commission authorizes and approves the acquisition and
construction of the Project.
SECTION 4. ISSUANCE OF THE OBLIGATIONS. The Obligations are authorized to
be issued at one or more times in an aggregate principal amount of not exceeding
$13,000,000. The particular designation of each Obligation shall be made in the
Resolution. The Obligations shall be issued for the principal purposes of (A) paying all or a
portion of the Cost of the Project, (B) establishing debt seryice reseryes, if deemed
necessary by the Commission, and (C) paying costs and expenses of issuing the
Obligations. The principal of, redemption premium, if any, and interest on the Obligations
shall be payable solely from Non-Ad Valorem Funds, in the manner set forth in Section 5
of this Ordinance and in the Resolution.
The Obligations shall be dated such date or dates, shall bear interest at such rate or
rates, shall mature at such time or times and in such amount or amounts as may be
determined in the Resolution, and may be redeemable before maturity, at the option of the
City, at such price or prices and under such terms and conditions as may be fixed in the
Resolution. The Commission shall determine in the Resolution the form of the Obligations,
the manner of executing such Obligations, and such other terms and provisions of the
Obligations as it deems appropriate. The Obligations may bear interest at a fixed or
variable rate, as shall be determined in the Resolution. In case any officer whose signature
or a facsimile of whose signature shall appear on any Obligation shall cease to be such
officer before the delivery of such Obligation, such signature or such facsimile shall
nevertheless be valid and sufficient for all purposes the same as if he or she had remained
in office until such delivery. The Commission shall sell the Obligations in such manner and
for such price as it determines in the Resolution to be in the best interests of the City. The
Obligations may be further secured by any credit enhancement as determined by the
Commission in the Resolution. The Resolution may also include provisions authorizinq the
use of interest rate exchanqe instruments in connection with the Obliqations.
The Obligations may be issued without any other proceedings or the happening of
any other conditions or things other than the adoption of the Resolution.
The proceeds of the Obligations shall be disbursed in such manner and under such
restrictions, if any, as may be provided in the Resolution.
The Resolution shall include, but without limitation, provisions as to the rights and
remedies of the holders of the Obligations, the application of funds, the flow of funds and
such other matters as are customarily in such an instrument. The Resolution may provide
for the City entering into one or more loan or other financing agreements with the
purchaser of the Obligations.
SECTION 5. COVENANT TO BUDGET AND APPROPRIATE. The City may
covenant and agree pursuant to a Resolution to appropriate in its annual budget, by
amendment, if necessary, from Non-Ad Valorem Funds lawfully available in each fiscal
Ordinance No. 2002-_
Page 4
year, amounts sufficient to pay the principal of, redemption premium, if any, and interest on
any Obligation when due each fiscal year or to reimburse any credit enhancer which may
have satisfied such payment. Such covenant and agreement on the part of the City to
budget and appropriate such amounts of Non-Ad Valorem Funds shall be cumulative to
the extent not paid, and shall continue until such Non-Ad Valorem Funds or other legally
ayailable funds in amounts sufficient to make all such required payments shall have been
budgeted, appropriated and actually paid. Notwithstanding the foregoing, the City has not
covenanted to maintain any services or programs, now provided or maintained by the City,
which generate Non-Ad Valorem Funds.
Such covenant to budget and appropriate shall not create any lien upon or pledge of
such Non-Ad Valorem Funds, nor shall it preclude the City from pledging in the future its
Non-Ad Valorem Funds, nor shall it require the City to levy and collect any particular Non-
Ad Valorem Funds, nor shall it give the holders of any Obligations or any credit enhancer a
prior claim on the Non-Ad Valorem Funds as opposed to claims of general creditors of the
City. Such covenant to appropriate Non-Ad Valorem Funds shall be subject in all respects
to the payment of obligations secured by a prior or future pledge of such Non-Ad Valorem
Funds (including the payment of debt seryice on bonds and other debt instruments).
However, the covenant to budget and appropriate in its annual budget for the purposes
and in the manner stated in this Ordinance and in the Resolution shall have the effect of
making Non-Ad Valorem Funds available for the payment of the Obligations, and placing
on the City a positive duty to appropriate and budget, by amendment, if necessary, Non-Ad
Valorem Funds sufficient to meet its obligations under this Ordinance and the Resolution;
subject, however, in all respects to the restrictions of Section 166.241 (3), Florida Statutes,
which provides, in part, that the governing body of each municipality make appropriations
for each fiscal year which, in anyone year, shall not exceed the amount to be received
from taxation or other revenue sources; and subject, further, to the payment of services
and programs which are for essential public purposes of the City or which are legally
mandated by applicable law.
SECTION 6. TAXING POWER NOT PLEDGED. The Obligations issued under the
provisions of this Ordinance and the obligation to repay any credit enhancer of such
obligations shall not be deemed to constitute a pledge of the faith and credit of the City, but
the Obligations and repayment shall be payable from the Non-Ad Valorem Funds in the
manner provided in this Ordinance and the Resolution. The issuance of the Obligations
under the provisions of this Ordinance shall not directly, indirectly or contingently obligate
the City to levy or to pledge any form of ad valorem taxation. The holder of the Obligations
shall never have the right to compel any exercise of the ad valorem taxing power on the
part of the City to pay the Obligations or the interest on the Obligations against any
property of the City, nor shall the Obligations constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the City.
SECTION 7. REMEDIES OF HOLDERS OF OBLIGATIONS. The holders of the
Obligations, except to the extent the rights given to them pursuant to this Ordinance may
be restricted by the Resolution, may, whether at law or in equity, by suit, action,
mandamus or other proceeding, protect and enforce any and all rights under the laws of
the State of Florida or granted under this Ordinance or under the Resolution, and may
Ordinance No. 2002-_
Page 5
enforce and compel the performance of all duties required by this Ordinance or by such
Resolution, to be performed by the City.
SECTION 8. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide
an additional and alternatiye method for the doing of things authorized hereby and shall be
regarded as supplemental and additional to powers conferred by other laws, and shall not
be regarded as in derogation of any powers now existing or which may hereafter come into
existence. This Ordinance, being necessary for the welfare of the inhabitants and/or
property owners of the City, shall be liberally construed to effect its purposes.
SECTION 9. GENERAL AUTHORITY. The members of the Commission of the City
and the officers, attorneys and other agents or employees of the City are authorized to do
all acts and things required of them by this Ordinance, or desirable or consistent with its
requirements for the full punctual and complete performance of all the terms, covenants
and agreements contained in this Ordinance.
SECTION 10. SEVERABILITY. If any section, paragraph, clause or provision of this
Ordinance shall be held to be invalid for any reason, such invalidity shall not effect the
validity or enforcement of any of the remaining provisions. This Ordinance shall take
precedence over any other ordinance or resolution of the City to the extent of any conflict
or inconsistency with each.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its enactment on the second reading.
The foregoing Ordinance was offered by Commissioner
moved its adoption on first reading. This motion was seconded
and upon being put to a vote, the vote was as follows:
,who
by Commissioner
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. This motion was seconded
and upon being put to a vote, the vote was as follows:
,who
by Commissioner
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Ordinance No. 2002-
Page 6
Mayor Jeffrey M. Perlow
PASSED on first reading this 2nd day of July, 2002.
PASSED AND ADOPTED on second reading this 18th July, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Ordinance No. 2002-
Page 7
EXHIBIT A
DESCRIPTION OF THE PROJECT
Complete descriptions of the Project are set forth in the plans, specifications and
records of the City. A general description of the Project is as follows:
A. Acquisition, construction and equipping of an approximately 44,000 square
foot K-5 charter elementary school, including acquisition of the site thereon.
B. Completion of the construction and equipping of an approximately 25,000 square
foot Community/Recreation center.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
City Commission r:
Eric M. Soroka, City tr r
Joanne Carr, Senior PI ne
TO:
BY:
DATE:
June 17, 2002
SUBJECT:
Second Reading of Amendment to the City's Comprehensive Plan to change
the land use designation of the Founders Park site located at 3105 and 3200
NE 190 Street from Town Center to Parks and Recreation.
(03-CPA-02)
July 2, 2002 City Commission Meeting Agenda Item --E..-
RECOMMENDATION
It is recommended that the City Commission approve the Comprehensive Plan
amendment to change the land use designation of the Founders Park site from Town
Center to Parks and Recreation.
THE REQUEST
City staff is requesting a Comprehensive Plan amendment to change the land use
designation of the Founders Park site located at 3105 and 3200 NE 190 Street from Town
Center to Parks and Recreation.
BACKGROUND
OWNER OF PROPERTIES
City of Aventura
NAME OF APPLICANT
City of Aventura
LOCATION OF PROPERTY
3105 and 3200 NE 190 Street
(See Exhibit #1 for aerial photo and Exhibit #2 for
location map) (Folio No. 28-2203-052-0060)
SIZE OF PROPERTY
Approximately 12.65 acres
DESCRIPTION
State regulations require that the local government's Future Land Use map depict
recreational land uses. These recreation land uses are depicted on other maps and charts
in the City's Comprehensive Plan. More specifically, Aventura Founders Park is depicted
as a public recreation facility on Table 3-1 of the Existing and Proposed Recreation and
Open Space Areas (Public and Private) and as Aventura Founders Park on Map 3-1. This
amendment proposes to make the Future Land Use map designation consistent with the
actual use of the property.
This amendment was given first reading at the City Commission meeting of April 2, 2002
and was transmitted to the State of Florida, Department of Community Affairs on April 9,
2002. DCA has now confirmed that it has waived the initial review and that the City may
proceed to immediately adopt the amendment. Once adopted, the ordinance will be
subject to the Department's compliance review.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Town Center
William Lehman Causeway and Medium-High Density
Residential
Medium-High Density Residential and Business and
Office
Medium-High Density Residential
Town Center
ROS, Recreation Open Space
William Lehman Causeway and RMF4, Multi-Family
High Density Residential District
CF, Community Facilities District and RMF3, Multi-
Family Medium Density Residential
RMF4, Multi-Family High Density Residential District
CF, Community Facilities District and RMF3, Multi-
Family Medium Density Residential
Aventura Founders Park
residential
residential and marine industry - proposed Aventura
Elementary Charter School
residential and vacant lot
residential and Aventura Government Center
Background - The northern portion of Founders Park (originally known as the Winn Dixie
site) was designated Business and Office land use and zoned BU-2 which allowed for
2
commercial uses under the Miami-Dade County Code. This portion of the site was
purchased by the City in early 1997 for $2.97 million for a public park site. The mid- and
southern portion of the park was dedicated to the City by the County. Founders Park was
completed and dedicated in December 1998. The park offers active recreation
opportunities including a multi-purpose athletic field, children's playground, and exercise
and fitness path. Passive, open space areas and access to the waterfront are provided on
the south side of the park.
Access - Access to this parcel is from NE 190 Street, a public right-of-way.
Conformity to City Comprehensive Plan - This amendment proposes to make the
Future Land Use map designation consistent with the actual and proposed use of the
property. More specifically:
Future Land Use Element
Objective 5 - Aventura shall, by the year 2005, reduce the number of land uses
inconsistent with the uses designated on the LUP map or with the character of the
surrounding community.
The proposed amendment will provide a Parks and Recreation land use
designation that is consistent with the zoning and use of the property.
Objective 9 - Aventura shall continue to maintain, update and enhance the municipal
code, administrative regulations and procedures, to ensure that future land use and
development is consistent with the Plan, and to promote better planned development and
communities with well designed buildings.
The proposed amendment will provide a Parks and Recreation land use
designation that is consistent with the zoning and use of the property.
Policy 9.1 - Aventura shall continue to maintain, and enhance as necessary, regulations
consistent with the Plan which govern the use and development of land and which, as a
minimum, regulate:
1. Land use consistent with the Land Use Element and Level of Service standards;
2. Subdivision of land;
3. Areas subject to seasonal or periodic flooding;
4. Stormwater management;
5. Protection of environmentally sensitive lands;
6. Signage; and
7. On-site traffic flow and parking to ensure safety and convenience and that no
avoidable off-site traffic flow impediments are caused by development.
The proposed amendment provides for compliance with item #1 above, by
providing a Parks and Recreation land use designation that is consistent with the
zoning and use ofthe property.
3
ORDINANCE NO. 2002 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR FOUNDERS PARK
LOCATED AT 3105 AND 3200 NE 190 STREET FROM
TOWN CENTER TO PARKS AND RECREATION;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the
subject property Town Center; and
WHEREAS, City staff is requesting a Comprehensive Plan amendment, through
Application No. 03-CPA-02, to change the land use designation of Founders Park
located at 3105 and 3200 NE 190 Street totaling 12.65 acres from Town Center to
Parks and Recreation; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the future land use map designation on the subject property from Town Center
to Parks and Recreation; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of seryice standards and is otherwise
consistent with the goals, objectives and policies of the Plan to the extent the
application is granted herein; and
WHEREAS, the existing use on the property is a public park; and
Ordinance No. 2002-_
Page 2
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserye the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Desianation. The future
land use map designation of Founders Park located at 3105 and 3200 NE 190 Street
totaling approximately 12.65 acres (Folio Number 28-2203-052-0060) (see Exhibit #1
for property location) is hereby changed from Town Center to Parks and Recreation.
Section 3. Severabilitv. 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.
Ordinance No. 2002-_
Page 3
Section 4. Inclusion in the Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Holzberg and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
absent
yes
absent from the room
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Ordinance No. 2002-_
Page 4
PASSED on first reading this 2nd day of April, 2002.
PASSED AND ADOPTED on second reading this 2nd day of July, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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Station Library
Aventura Police
De artment
Aventura Mall
192 ST.
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LEAGUE OF CITIES
EXECUTIVE COMMITTEE
(MONTY'S IN THE GROVE, NOON, JUNE 26)
BACKGROUND
. Each of the cities has received the attachment. Expected attendance
includes Vice Mayor Dan Lantleff (Bal Harbour); Council President Julio
Robaina (Hialeah); Mayor Raul Martinez (Hialeah) (coming later); Mayor
Joe Rasco (Key Biscayne); Vice Mayor Mary Scott Russell (South
Miami); Mayor Daisy Black (El Portal); Councilman Leslie Bowe
(Pinecrest). Mayors from other cities are also expected but not yet
confirmed.
PREMISE
. Cities will receive their share, as indicated, on an annual basis, predicated
on an additional 12 cent sales tax.
ASSUMPTIONS
. Cities will structure an interlocal agreement with Miami-Dade County,
and, where needed, a JP A to facilitate project inclusion in plans
approved by the MPO.
· The cities will preserve the level of transportation funding currently in ,
their budgets (i.e., their maintenance of effort dollars). Maintenance of
effort excludes special bond issues for infrastructure improvements.
.
. The cities will dedicate 20% 9f their 12 penny dollars to transit purposes.
This would include circuliltors; bus shelters; bus pull out bays or other
transit-related infrastructure.
. If such utilization is inappropriate, the affected cities will pledge this
percentage (20%) to Miami-Dade County who will, in turn, utilize these
funds on a county project that would enhance traffic mobility within the
cities' boundaries.
. A "blue ribbon committee," consisting of municipal mayors, will be
created to meet regularly on program implementation.
.--
ADDmoNAL 112 CENT ~156,670,OOO.OO COUNTY ESTIMATE
~--
i\ventura
BaI Harbor
..
112Cent
-20.00%
$31.334,000.00
--
u_
- --
Bay Harbor Islands
~~vne Park
Coral Gables
--
EI Portal
$7.!:>1Z64':32
-- -- ... $96,266.93
. _m_
$149,464.78
$95.454.30.
.=
-~
Indian Creek
--
$1,210,586.71
$73,571.50 .._
$231.771.99
~6,555::3~. __
230,059 21.3086% $6.676,838.49
19.655 1.8205% $570,433:07
32,300 2.9917% $93"7~419.89
33 0.0031% $957.74
10,607 0.9824% $3~7,839.4.~.. _ __
.-
1,115 _0.1033% _ $32,359.85
3~,001 _:33.7146%1 1$10:564:141.75
13.684 -. 1.2674%' $397.140.99-~
.__. __~~ - _0_- __ . _ _ ___-==
88,158 J~_!l:1li.54% $2.5~!.5<t~:84______
t ---- "221-0'-.'46'37~0 ~ _1.-02. .'91066031'.~. $6~~,1Q9.4:0
" $302,702.46 L.__._
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North B~iVdlage 6.798 0.6296% _ _.$197,293.51----
___ \ I _ __
~~rth Mi~ ~.. 59.688 .:1. ...5. ..5284% oo--: -- $1.732.282,31 -l _:::....
~o~.Miami Beach __ _. 40.929 .:::' 3J909~ :::--=-=. $1..187.853.21_L::::.:.::
OpaLocKa.. _1~,~_.L3703% '.$429,384.75
-=-:--___ _ _ __ __ ___... _ 1
Pinecrest. ... . __.l___ 19,064 t L .....!:!658% _ _ _ $553,280.89
tr,:: t~~ ::::=-cc- ~:::~~:::;.:~ -'
Surfside '5.035 0.4664% $146.127.22
i2;;.~~~l.:~I=~L;'~1!,==~,;~~;=_!
Miami Sprin9s
M~'-'B chOO..-
laml ea
~orida City
Golden Beach
Hialeah
Hialeah Gardens-
Homestead
Kev Bisca~
Medley
Miami
Miami Lakes
Miami Shores
...",;;,,~ CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING
AGENCY AND NOTICE OF AMENDMENT OF
THE CITY'S LAND DEVELOPMENT
REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local Planning
Agency will meet in a public hearing on Tuesday, July 2,
2002 at 6:00pm to consider adoption of the following
Ordinance:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING SECTION
31-21 "DEFINITIONS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO SPECIFY
THE ENFORCEABILITY OF RESTRICTIONS,
LIMITATIONS OR CONDITIONS INCLUDED
IN ALL DEFINITIONS; AMENDING THE
DEFINITION OF "HOTEL" AND CREATING
RESTRICTIONS, LIMITATIONS OR CONDITIONS
CONCERNI.NG HOTELS; AMENDING
DEFINITION OF "RESIDENCE OR RESIDENTIAL
USE"; CREATING DEFINITION FOR "MULTI-
FAMILY RESIDENTIAL DWELLING";
PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN. THE CODE; PROVIDING
FOR PENALTY; PROVIDING FOR AN
EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting,
the City Commission of the City of Aventura, as the
governing body, will consider at a public hearing adoption
of the above described Ordinance.
The above described Public Hearings will be held
commencing at 6:00 pm on Tuesday, July 2, 2002, at City
of Aventura Government Center, 19200 West Country
Club Drive, Aventura, Florida, 33180. The proposed
Ordinance may be inspected by the public at the Office of
the City Clerk, 19200 West Country Club Drive, Aventura,
Florida. Interested parties may appear at the Public
Hearing and be heard with respect to the proposed
Ordinance.
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabled and who need special
accommodations to participate in this proceeding
because of that disability Should contact the Office of the
City Clerk. (305) 466-8901. not later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by the
City Commission, as Local Planning Agency or as the
governing body, with respect to any matter considered at
a meeting or hearing, that person 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.
Teresa M. Soroka, CMC, City Clerk
II
iht :!tilami H'trat~
-
Published Dailv
MIAMI. FLORIDA
STATE OF FLORIDA
COUNfY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade, County, Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement.
/?L~~~ ,,-.,
FRANK TOMASINO
Sworn to and subscribed before me
This .....:) / day of
~i '
" c'-"'] ~
tI -
A.D. 2001
\'7
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1'" t.. )1"''- ,," II,/]'
Li~a Ann Hernandez
}/c>''-'7)'~ / ~~
'-'
..~vPg',,, Lisa Ann Hernandez
~m~comm1ss1onl# DO 000617
~u.' ,J'. ;"E Exp!res Feb. 11.2005
;,;;.\.~;: Bonded Tbru
~w.,\~~ Atl3ntle Blllldfng Co., IDl\..
3613 N.E. 163rd Street, North Miami Beach, FL 33160
CITY OF AVENTURA
NOTICE OF AMENDMENT
TO COMPREHENSIVE PLAN
Public Notice is hereby giyen that the City
Commission of the City of Aventura will meet in a
public hearing on Tuesday, July 2,2002 at 6:00 pm to
consider final adoption of the following Ordinance on
second reading:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING THE
COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING
THE FUTURE LAND USE MAP
DESIGNATION FOR FOUNDERS PARK
LOCATED AT 3105 AND 3200 NE 190
STREET FROM TOWN CENTER TO
PARKS AND RECREATION; PROVIDING
FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR AN EFFECTIVE DATE.
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3200
The Public Hearing will be held at City of Aventura
Government Center, 19200 West Country Club Drive,
Aventura, Florida, 33180. The proposed Ordinance
may be inspected by the public at the Office of the
City Clerk, 19200 West Country Club Drive, Aventura,
Florida. Interested parties may appear at the Public
Hearing and be heard with respect to the proposed
Ordinance.
In accordance with the Americans with Disabilities
Act of 1990, all persons who are disabled and who
need special accommodations to participate in this
proceeding because of that disability should contact
the Office of the City Clerk, (305) 466-8901, not later
than two business days prior to such proceedings.
If a person decides to appeal any decision made by
the City Commission, as Local Planning Agency, or
as the governing body, with respect to any matter
considered at a meeting or hearing, that person will
need a record of the .proceedings and, for such
purpose, may need to ensure that a yerbatim record
of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is
to be based.
L Teresa M. Soroka, CMC, City\ Clerk
}
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mill
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Affiant further says that the said Miami Herald is a newspaper published at Miami.
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade. County, Florida, each day and has been
entered as second class mail matter at the post office in Miami. in said Dade
County, Florida, for a period of one year next preceding the first publication of
the attached copy g.~ement.
c--- .7?zv--~~"'-~-
FRANK TOMASINO
Sworn to and subscribed before me
This ,:71 day of ......-:;itrJ\.-1. A.D. 2001
/7 '
V
L~~He!':~: ,i1~1YJ~=';,
,,~V~fi", Lisa .AM Hernandez
{~f1~.. ~~Comn;tsslon 1# DD 000617
~';;.~ ..Wt,Jt.: Hxprres Feb. 11.~
-;.1"/,l:":' ~ Bonded 'l'hnt
~~P.~,li\-' Atlantic Bondlng Co., Inc.
3613 N.E. 163rd Street, North Miami Beach, FL 33160
)KNIGHT RIDDER)
<-q ~,
U'~' ,
CITY OF AVENTURA
'NOTICE OF HEARING OF LOCAL
PLANNING AGENCY AND NOTICE OF
AMENDMENT OF THE CITY'S LAND
i'DEVELOPMENT REGULATIONS
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Hi I'
'!Bublic Notice is hereby giyen that the Aventura City Commission, sitting
h!s the City of Ayentura Local Planning Agency will meet in a public
}~hearing on Tuesday, July 2, 2002 at 6:00pm to consideradoptionofthe
: following Ordinances:" " ,
IS1 ;', i,.:~ ,.,.'
lb AN ORDINANCE OF THE ,CITYOFAVENtURA,'
'1' FLORIDA, AMENDING PARAGRApH (b),"TOWN .
U0. CENTER DISTRICT (TC1)"0F SECTION'31-J45 .
'1:3 "TOWN CENTER ZONING DISTRICTS" OF THE'
CITY'S LAND DEVELOPMENT REGULATIONS, TO
fr:. AMEND CONDITIONAL USE REGULATIONS
.'~' REGARDING MINIMUM FLOOR AREAS,
'ALLOCATION OF INTERIOR SPACE, STRUCTURED
'.~:., PARKING REQUIREMENTS, ,DRIVEWAY
41:,. . STANDARDS. AND. OFF-STREET PARKING.
REQUIREMENTS IN THE TC1 ZQNING DISTRICT;
.;:; PROVIDING FOR SEVERABILITY; PROVIDING FOR
d1 INCLUSION IN THE CODE; PROVIDING .FORAN
;;;0 EFFECTIVE DATE. '
no
*H.~.
'fro AN ORDINANCE; OF THE CITY OF AVENTURA,
)~i FLORIDA, AMENDING PARAGRAPH (k),
~*: "MODIFICATIONS. TO RECORDED. PLATS'; OF"
Iii SECTION 31-78 "SUBDIVISION PLAT APPROVAL"\,
'l~; OF THE CITY'S lAND DEVELOPMENT.; .,....
r~ REGULATlONS,<. REGARDING StiBDIVISIO.N':i
He' REQUIREMENTS AND EXCEPTIONS BY PROVIDING '
FOR'I?ECLARATIONSIN LIEU OF UNITY Of TITLE; .'",
PROVIDING FOR SEVERABILITY; PROVIDINGFQH/'
INCLUSION IN THE' CODE,; 'PROVIDING, FORAN '
EFFECTIVE DATE "
JH'.'., '. ,_', " "
iJ~mediately following the Local Planning~gency meeting, the City
Commission. ,of the City of Aventura, as '.' the '.' ~overning; body; . will
consider at a public hearing adoptiorlof theabave described
Otdinarices~ ' . ,
,r. "",
~the above described Public Hearings will be held commenting at 6:00;
pm on Tuesday, July 2, 2002, at City of Aventura Government Center,
19200 West Country Club Driye, Aventura, Florida, 33180. The
proposed Ordinances may be inspected by the public at the Office of
tre City Clerk, 19200 West Country club Driye, Aventura, Florida.,
'Ijlterested parties may appear at the PUblic Hearing ang be heard with
. respect to the proposed Ordinances.
. .
In accordance with theAm~ricans with Disabilities Act of 1990, all
persons who are disabled and who need special acc9mmodations to
participate in this proceeding because of that disability should contact'
. the Office.of the City Clerk, (305) 466-8901, not later than two business
days prior to such proceedings. . ..
If a person decides to appeal any decision made by the City
Commission, as Local PI~nningAgency or as the governing body, with
respect to any matter considered at a meeting or hearing, that person
will need 'a record '6f the proceedings and, for such purpose, may neeo
to ensure that averbatim recordof the proceedings is made, which
record includes the testimony and eYidence upon which the appeal is to
~e based.
1th
~
Teresa M. Soroka, CMC. City Clerk