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04-06-2010 City Commission Susan Gottlieb, Mayor A~ City of ~ventura ~ <~, City Manager Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond] T eri Hohberg Billy Jod Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC City Atto.mev Weiss Serota Helfman Pastoriza Cole & Boniske APRIL 6, 2010 Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member ofthe Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: March 2, 2010 Commission Meeting March 18, 2010 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF A VENTURA, FLORIDA ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Apri16,2010 D. MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 AND THE LETTER DATED MARCH 12, 2010 ATTACHED HERETO AS ATTACHMENT" A" E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-02-10-2, NE 1915T STREET ROADWAY AND DRAINAGE IMPROVEMENTS, TO ROCK POWER PAVING, INC. AT THE BID PRICE OF $76,724.75; 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. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY OF A VENTURA COMMUNITY SERVICES ADVISORY BOARD TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR INTERPRET A TION MADE BY AN ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO THE WALL SIGN AT 17651 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. 2 Apri16,2010 7. ORDINANCES: FIRST READING-PUBLIC INPUT: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2009/2010 FISCAL YEAR BY REVISING THE 2009/2010 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. B. THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE BOARD OF DIRECTORS OF THE A VENTURA CITY OF EXCELLENCE SCHOOL: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/2010 (JULY 1 - JUNE 30) BY REVISING THE 2009/2010 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, REPEALING DIVISION 2 "TEMPORARY POLITICAL SIGNS" OF ARTICLE III, SIGN CODE, OF CHAPTER 34 "PLANNING AND ZONING" OF THE CITY CODE AND AMENDING ARTICLE IX OF CHAPTER 31 "SIGN REGULATIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, CHAPTER 31 OF THE CITY CODE TO CLARIFY AND AMEND EXISTING REGULATIONS OF SIGNS WITHIN THE CITY SO AS TO ENHANCE COMPLIANCE WITH RECENT CASE LAW AND TO REPEAL EXISTING REGULATIONS OF TEMPORARY POLITICAL SIGNS AND PROVIDE FOR THEIR REGULATION ELSEWHERE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. 3 April 6, 2010 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS WORKSHOP MEETING APRIL 22, 2010 9AM 5TH FLR. EX. CONF. ROOM COMMISSION MEETING MAY 4, 2010 6 PM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. 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 Aventura Government Center, 19200 W. Country Club Drive, A ventura, Florida, 33 1 80. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 A~ - ".""Y MINUTES CITY COMMISSION MEETING MARCH 2, 2010 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:08 p.m. by Mayor Susan Gottlieb immediately following the 6 p.m. LPA meeting. Present were Commissioners Zev Auerbach, Billy Joel, Michael Stern, Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorneys David Wolpin and Susan Trevarthan. Commissioner Bob Diamond and Vice Mayor Luz Urbaez Weinberg were absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led during Local Planning Agency meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Soroka announced that at the request of the applicant, item 6 was tabled to the April 6, 2010 Commission meeting. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Stern, seconded by Commissioner Holzberg, passed unanimously and the following action was taken: A. APPROVAL OF MINUTES: February 2, 2010 Commission Meeting February 18, 2010 Workshop Meeting B. Resolution No. 2010-15 was adopted as follows: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO A CITY OR COUNTY'S COMPREHENSIVE PLAN; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. The following motion was approved: THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE A VENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: MOTION TO ACCEPT THE OUT-OF-FIELD WAIVERS LIST AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED FEBRUARY 23, 2010. D. Resolution No. 2010-16 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO THE WALL SIGN AT 17651 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. (Tabled to April 6,2010 meeting) 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING DIVISION 2 "TEMPORARY POLITICAL SIGNS" OF ARTICLE III, SIGN CODE, OF CHAPTER 34 "PLANNING AND ZONING" OF THE CITY CODE AND AMENDING ARTICLE IX OF CHAPTER 31 "SIGN REGULATIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, CHAPTER 31 OF THE CITY CODE TO CLARIFY AND AMEND EXISTING REGULATIONS OF SIGNS WITHIN THE CITY SO AS TO ENHANCE COMPLIANCE WITH RECENT CASE LAW AND TO REPEAL EXISTING REGULATIONS OF TEMPORARY POLITICAL SIGNS AND PROVIDE FOR THEIR REGULATION ELSEWHERE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; 2 PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Joel, and seconded by Commissioner Holzberg. No member of the public spoke. The motion passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Stuart Wagner, 21150 Point Place, and Bob Burroughs. 12. OTHER BUSINESS: None. 13.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 6:21 p.m. Teresa M. Soroka, MMC, 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. 3 A~ _. '~.o(":"'; MINUTES CITY COMMISSION WORKSHOP MEETING March 18, 2010 9 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor Luz Weinberg at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Teri Holzberg, Vice Mayor Luz Weinberg, Mayor Susan Gottlieb, 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. CENSUS UPDATE (City Manager): Community Development Director Joanne Carr provided the Commission with an update on the City's actions regarding the 2010 Census. CITY MANAGER SUMMARY: No action necessary. 2. DEVELOPMENT APPROVAL UPDATE: (City Manager) Commission on the development projects ongoing in the City. CITY MANAGER SUMMARY: No action necessary. Ms. Carr updated the 3. INFORMATIONAL SIGN FOR AACC & ACES: (City Manager) Mr. Soroka showed an example of a proposed informational sign for 188th Street outlining activities at ACES and the Arts & Cultural Center. CITY MANAGER SUMMARY: Consensus to proceed. Mr. Soroka noted that there were 1,000 applicants for ACES in the recent lottery process. Mr. Soroka updated the Commission on the progress of plans for the Allianz Golf Championship which may be held in the City of Aventura. 4. 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 9:50 a.m. Teresa M. Soroka, MMC, 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. CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission /' .-I FROM: Eric M. Soroka, ICMA-CM, City Manager V BY: ~rian K. Raducci, Finance Director DATE: March 8, 2010 SUBJECT: Resolution setting forth the ranking of CPA firms to perform independent audit. April 6, 2010 Commission Meeting Agenda Item 5"& Recommendation It is recommended that the City Commission adopt the attached Resolution which sets forth the ranking of firms to perform the City's independent audit. Backaround The City is required by Section 4.11 of the City Charter and various sections of State Statutes to have an annual audit of its accounts and records performed by an independent Certified Public Accountant. In addition, Section 4.11 of the City Charter requires that the audit firm be rotated at least every five (5) years, therefore precluding McGladrey & Pullen, LLP - the City's current audit firm for the past five (5) years from continuing to serve as our auditors. Pursuant to Section 218.391, Florida Statutes, the City prepared an RFP which included detailed criteria for the evaluation of proposals and for the ranking of firms. Pursuant to Section 218.391(d), F.S., "If compensation is one of the factors established ...., it shall not be the sole or predominant factor used to evaluate proposals." The City advertised the availability of the RFP in the Miami Herald on January 10, 2010. In addition, a solicitation package was made available from www.demandstar.com on January 11,2010. A mandatory pre-proposal conference was held on January 20,2010 to answer questions from twelve (12) prospective proposers. Of the twelve (12) firms that attended the conference, eight (8) of them submitted detailed written proposals on February 8, 2010. Pursuant to 218.291, F.S., the proposals were reviewed by an Audit Committee (the "Committee") consisting of the City Manager, Finance Director and Controller. As part of the evaluation process, the Committee shortlisted the eight (8) proposals to three (3) firms which were all interviewed on March 5, 2010. Page (2) City Commission After the interviews were concluded and based on the evaluation criteria as outlined in the RFP, the Committee ranked the firms in order of preference (listed below) as to the most highly qualified to perform the required services. Please note that the combined compensation of fees for both the City and the School ranged between $53,450 and $70,775 and in all cases, is less than the current combined City/School fee. Committee's Ranking of Audit Firms in order of preference (with 1 being the best): 1. Keefe, McCullough & Co., LLP 2. Grau & Associates 3. Marcum Rachlin Accountants Advisors Keefe, McCullough & Co., LLP served as the City's auditors for fiscal years 2000-2004 and as the School's auditors for fiscal years 2003-2005. Based on the foregoing, the Committee requests that the City Commission approve the attached resolution establishing a ranking of firms to perform auditing services. A copy of the RFP, submittals by all firms and other supporting documents are available for review in the Finance Department. Pursuant to Section 218.391, the City Commission can approve the rankings of the Committee or may establish a different ranking. If the Commission chooses to rank the firms in a different order than that which was recommended by the Committee, they must document in its public records the reason for not selecting the highest ranked firm and the reason for the change in ranking cannot be due to compensation. Assuming adoption of the attached resolution by the Commission, the Administration shall negotiate a contract with the firm ranked first. If the Administration is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the Administration shall then undertake negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations shall then be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The Administration, in negotiating with firms, may reopen formal negotiations with anyone (1) of the three (3) top-ranked firms, but it may not negotiate with more than one (1) firm at a time. At the May 2010 Commission meeting, the Commission will be asked to approve a contract for auditing services, including any credits or charges brought about as a result of negotiations. CITY OF AVENTURA Proposal Tabulation Sheet INDEPENDENT AUDIT SERVICES FOR THE CITY OF A VENTURA RFP #: 10-02-08-2 Proposal Open on Monday, February 8, 2010 after 2:00 P.M. COMPANY NAME Nowlen, Holt & Miner, P.A. Marcum Rachlin Accountants Advisor - A division of Marcum LLP GLSC & Company, PLLC Grau & Associates Alberni Caballero & Company, L.L.P. Keefe, McCullough & Co., LLP TCBA Watson Rice LLP Crowe Horwath LLP Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offer submitted in response to this solicitation, if any, is hereby rejected as late. RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with its Charter and applicable State law, has requested proposals from Certified Public Accounting firms to perform independent audits of the City's accounts and records; and WHEREAS, said proposals were evaluated by an Audit Committee consisting of the City Manager, Finance Director and Controller; and WHEREAS, said Audit Committee recommends that the top three ranked firms, based on the firms' experience and qualifications, be: 1). Keefe, McCullough & Co., LLP; 2). Grau & Associates; and 3). Marcum Rachlin Accountants Advisors; and WHEREAS, the City Commission desires to authorize the Audit Committee to negotiate fees with the top ranked firm and with the alternate firm(s), should negotiations with the top ranked firm be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. The ranking of firms to perform independent auditing service for the City are: Resolution No. 2010- Page 2 1) Keefe, McCullough & Co., LLP 2) Grau & Associates 3) Marcum Rachlin Accountants Advisors Section 2. The firms have been rated on the basis of their experience, qualifications and proposed fee. The final cost shall be negotiated by the Audit Committee and approved by the City Commission prior to said firm beginning any work for which the City may later be billed. Section 3. In the event the City is unable to come to favorable terms and fees with the top ranked firm, the Committee is hereby authorized to negotiate fees with the alternate firms. Section 4. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner _' who moved its adoption. The motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010- Page 3 PASSED AND ADOPTED this 6th day of April, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROV~OLEGALS , ~ CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City M , TO: City Commission DATE: March 3, 2010 SUBJECT: Resolution Declaring Equipment Surplus April 6, 2010 Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment CC01683-10 CITY OF A VENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Steven Steinberg, Chief of Police DATE: 2 March 2010 SUBJECT: Surplus Property I would like to have the below listed city property declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items have become inadequate for public purposes: Make Model Serial Number Sig Sauer 229 AG10379 SiC! Sauer 229 AH-21334 Sig Sauer 229 AG-10393 Sig Sauer 229 AG-19161 SiC! Sauer 229 AF-19375 Sig Sauer 229 AG-10376 Sig Sauer 229 AG-10392 SiC! Sauer 229 AG10396 Sig Sauer 229 AF-19370 Sia Sauer 229 AF19374 SiC! Sauer 229 AG-19166 Sig Sauer 229 AG-19159 SiC! Sauer 229 AG-10394 SiC! Sauer 229 AG-10399 Sig Sauer 229 AH-21386 Sia Sauer 229 AG-19163 SiC! Sauer 229 AG-19164 Sig Sauer 229 AG-19162 SiC! Sauer 229 AH-21335 Sia Sauer 229 AF-19373 Sig Sauer 229 AG-19158 SiC! Sauer 229 AI-23827 Sig Sauer 229 AG-19165 SiC! Sauer 229 AG-10405 Sig Sauer 229 AH-21391 Sig Sauer 229 AG-10391 SiQ Sauer 229 AF-19371 SiQ Sauer 229 AG10400 SiQ Sauer 229 AI-23759 SiQ Sauer 229 AG-10390 SiQ Sauer 229 AG-10386 SiQ Sauer 229 AG-10385 SiQ Sauer 229 AI-23752 Sig Sauer 229 AH-21388 SiQ Sauer 229 AI-23828 Sig Sauer 229 AI-23755 SiQ Sauer 229 AG-10401 Sig Sauer 229 AG10380 Sig Sauer 229 AG-19160 Sig Sauer 229 AI-23757 SiQ Sauer 229 AF-19372 Sig Sauer 229 AF-19366 Sig Sauer 229 AG-10381 Sig Sauer 229 AI-23753 Sig Sauer 229 AF-19369 SiQ Sauer 229 AH-21395 Sig Sauer 229 AI-23758 Sig Sauer 229 AF-19367 Sig Sauer 229 AD33712 Sig Sauer 229 AF-19368 SiQ Sauer 229 AG-1037.7 SiQ Sauer 229 AG-10378 Sig Sauer 229 AG10382 SiQ Sauer 229 AG-10383 SiQ Sauer 229 AG-10384 Sig Sauer 229 AG-10387 SiQ Sauer 229 AG-10388 Sig Sauer 229 AG-10389 Sig Sauer 229 AG-10395 SiQ Sauer 229 AG-10397 SiQ Sauer 229 AG-10398 Sig Sauer 229 AG-10402 Sig Sauer 229 AG10403 SiQ Sauer 229 AG-10404 Sig Sauer 229 AG-19167 SiQ Sauer 229 AH-21387 Sig Sauer 229 AH-21389 SiQ Sauer 229 AH-21390 Sauer Sauer Sauer Sauer Sauer Sauer 229 229 229 229 22g- 229 AH-21392 AH-21393 AH21394 AI-23754 AI-23760 AI-23856 RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner _' who moved its adoption. The motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010- Page 2 PASSED AND ADOPTED this 6th day of April, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: r ~~ CITY ATTORNEY Sig Sauer 229 AG-10391 Sig Sauer 229 AF-19371 Slfl Sauer 229 AG10400 Sig Sauer 229 AI-23759 Sig Sauer 229 AG-10390 Sig Sauer 229 AG-10386 S;g Sauer 229 AG-10385 Sig Sauer 229 AI-23752 Sig Sauer 229 AH-21388 Sig Sauer 229 AI-23828 Slfl Sauer 229 AI-23755 S1g Sauer 229 AG-10401 Sig Sauer 229 AG10380 SJfL Sauer 229 AG-19160 SJg_ Sauer 229 AI-23757 Sig Sauer 229 AF-19372 S.JfL Sauer 229 AF-19366 Sig Sauer 229 AG-10381 Sig Sauer 229 Af-23753 Sig Sauer 229 AF-19369 Sig Sauer 229 AH-21395 S~ Sauer 229 AI-23758 S.JfL Sauer 229 AF-19367 Sig Sauer 229 AD33712 S.JfL Sauer 229 AF-19368 Sig Sauer 229 AG-1037,7 Sig Sauer 229 AG-10378 Sig Sauer 229 AG10382 Sjg Sauer 229 AG-10383 Sig Sauer 229 AG-10384 Sig Sauer 229 AG-10387 Sig Sauer 229 AG-10388 Sig Sauer 229 AG-10389 Sig Sauer 229 AG-10395 Sig Sauer 229 AG-10397 Sig Sauer 229 AG-10398 Sig Sauer 229 AG-10402 Sig Sauer 229 AG10403 Sig Sauer 229 AG-10404 Sig Sauer 229 AG-19167 Sig Sauer 229 AH-21387 Sig Sauer 229 AH-21389 Sig Sauer 229 AH-21390 229 AH-21392 229 AH-21393 229 AH21394 229 AI-23754 229" AI-23760 229 AI-23856 Make Model Serial Number Sin Sauer 229 AG10379 Sig Sauer 229 AH-21334 Sig Sauer 229 AG-10393 Sig Sauer 229 AG-19161 Sig Sauer 229 AF-19375 Ski Sauer 229 AG-10376 Sig Sauer 229 AG-10392 Sig Sauer 229 AG10396 Ski Sauer 229 AF-19370 Sig Sauer 229 AF19374 Sig Sauer 229 AG-19166 Sig Sauer 229 AG-19159 Sig Sauer 229 AG-10394 Sig Sauer 229 AG-10399 Sig Sauer 229 AH-21386 Sig Sauer 229 AG-19163 Sill Sauer 229 AG-19164 Sig Sauer 229 AG-19162 Sig Sauer 229 AH-21335 Sig Sauer 229 AF-19373 Sig Sauer 229 AG-19158 Sig Sauer 229 AI-23827 Sin Sauer 229 AG-19165 Ski Sauer 229 AG-10405 Sig Sauer 229 AH-21391 r CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Robert M. Sherman, Director of Community Se TO: Eric M. Soroka, ICMA-CM, City Manager DATE: March 16,2010 SUBJECT: Surplus Property Please have the City property listed below declared as Surplus Property as this item has become cost prohibitive to maintain and inadequate for department purposes: 12004 Ford E-150 Van Vehicle Identification Number 1FTRE14W34HA46586 RMS/gf RMS10012 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission ~ BY: Brian K. Raducci, Finance Director DATE: March 16, 2010 SUBJECT: Comprehensive Annual Financial Report (CAFR) Fiscal Year Ended September 30, 2009 April 6, 2010 City Commission Meeting Agenda Item .5- b Recommendation It is recommended that the City Commission approve the following motion: "Motion to accept for filing of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2009 and the letter dated March 12,2010 attached hereto as Attachment A." Backaround The CAFR, a letter from our independent auditors - McGladrey & Pullen LLP dated March 12, 2010 and a staff-prepared memorandum were distributed to the Mayor and Commissioners on March 16, 2010. The Rules of the Auditor General, Chapter 10.550, require that the CAFR be filed as an official record at a public meeting. This motion satisfies that requirement. In addition, the auditors have requested that their letter dated March 12, 2010, identified as Attachment A on the staff-prepared memorandum, be accepted for filing with the City Commission. A representative from the auditing firm will be present at the April 6th City Commission meeting. However, since the CAFR is the City's responsibility, I respectfully request that any questions be discussed with the City Manager prior to the meeting. BKR/bkr . -- -- -- - -- -- The City of Aventura - - ,oliL.JIa,. Report to the Honorable Mayor and the Members of the City Commission September 30, 2009 -- -- - - -- .- - -- ",~,,,_,,,,,,",,,,,,_~.,,..,...~,,,,,,~,,....,.,..,.,,,,,,,,,,~,,..--.~..-,.,,,,~",...,...,,,,,,-~.-,,...,,,,,....-,<,",,,,,,,,, ,y.".,...~"....,.,,,,,,,...,;'_".~,,.-."<>,<o,....,-,,,. .. - .- McGladrey & Pullen Certified Public Accountants .- .- - McGladrey & Pullen, LLP 100 Northeast 3rd Ave., Ste. 300 Fort Lauderdale, FL 33301-1155 0954.462.6300 F 954-462-4607 www.mcgladrey.com .- - - ,- The City of Aventura, Florida 19200 West Country Club Drive, Aventura, FL 33180 .-. - - Attention: The Honorable Mayor and the Members of the City Commission - We are pleased to present this report related to our audit of the financial statements of The City of Aventura, Florida (the City) for the year ended September 30, 2009. In addition to our report on your financial statements which was modified to refer to the use of other auditors related to the City of Aventura Police Officers' Retirement Plan Pension Trust Fund, we have provided, under separate cover, a letter, dated March 12, 2010, concerning whether there were any significant deficiencies and material weaknesses in internal control that we noted during our audit of the City of Aventura, Florida's (the "City") basic financial statements for the year ended September 30,2009. This report summarizes certain matters required by professional standards to be communicated to you in your oversight responsibility for the City's financial reporting process. Also included is a summary of recently issued accounting standards that may affect future financial reporting by the City. - - - -- - - .- This report is intended solely for the information and use of the Mayor and Members of the City Commission and management and is not intended to be and should not be used by anyone other than these specified parties. It will be our pleasure to respond to any questions you have regarding this report. We appreciate the opportunity to continue to be of service to the City. - - - -, - /fr~//~/ L~? -. - - March 12,2010 Fort Lauderdale - - -. - - - .... - McGladrey & Pullen, LLP is a member firm of RSM Intemational- an affiliation of separate and independent legal entities. - Contents Required Communications Summary of Accounting Estimates Recently Issued Accounting Standards 1 - 3 4 5 Exhibit A - Certain Written Communications Between Management and Our Firm Representation Letter and Summary of Recorded Audit Adjustments - ,- - - Required Communications Statement on Auditing Standards No. 114 requires the auditor to communicate certain matters to keep those charged with governance adequately informed about matters related to the financial statement audit that are, in our professional judgment, significant and relevant to the responsibilities of those charged with governance in overseeing the financial reporting process. The following summarizes these communications. Area Comments Auditor's Responsibility Under Professional Standards Our responsibility under auditing standards generally accepted in the United States of America; Government Auditing Standards issued by the Comptroller General of the United States; the provisions of the Single Audit Act; OMS Circular A-133; OMS's Compliance Supplement; has been described to you in our arrangement letter dated July 28, 2009. Accounting Practices Adoption of, or Change in, Accounting Policies Management has the ultimate responsibility for the appropriateness of the accounting policies used by the City. In the current year, the City adopted the following Governmental Accounting Standards Soard (GASS) Statements. GASS Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions, issued June 2004, will be effective in phases using the same criteria applied in the implementation of the new governmental reporting model starting with periods beginning after December 15, 2006. This Statement establishes standards for the measurement, recognition and display of other postemployment benefits expenses and related liabilities or assets, note disclosures and, if applicable, required supplementary information in the financial reports. GASS Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations. This Statement addresses accounting and financial reporting standards for pollution (including contamination) remediation obligations, which are obligations to address the current or potential detrimental effects of existing pollution by participating in pollution remediation activities, such as site assessments and cleanups. This standard requires the City to estimate the components of expected pollution remediation outlays and determine whether the outlays for those components should be accrued as a liability or, if appropriate, capitalized when goods and services are acquired. Adoption of these standards did not have a significant impact on the City's financial statements. - .- .- - Page 1 Area Management's Judgments and Accounting Estimates Financial Statement Disclosures Audit Adjustments Uncorrected Misstatements -- Disagreements with Management ..... Consultations with Other Accountants Significant Issues Discussed with Management Difficulties Encountered in Performing the Audit .... - - Comments Significant or Unusual Transactions We did not identify any significant or unusual transactions or significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Alternative Treatments Discussed with Management We did not discuss with management any alternative treatments within generally accepted accounting principles for accounting policies and practices related to material items during the current audit period. Summary information about the process used by management in formulating particularly sensitive accounting estimates and about our conclusions regarding the reasonableness of those estimates is in the attached "Summary of Accounting Estimates". We did not identify any items relating to neutrality, consistency and clarity of the disclosures in the financial statements which we deemed are required to be discussed with City's management. Audit adjustments recorded by the City are attached with the representation letter included with Exhibit A. Uncorrected misstatements to the financial statements are attached with the representation letter included with Exhibit A. We encountered no disagreements with management over the application of significant accounting principles, the basis for management's judgments on any significant matters, the scope of the audit, or significant disclosures to be included in the financial statements. We are not aware of any consultations management had with other accountants about accounting or auditing matters. No significant issues arising from the audit were discussed or were the subject of correspondence with management. We did not encounter any difficulties in dealing with management during the audit. Page 2 Area Letter Communicating Significant Deficiencies and Material Weaknesses Certain Written Communications Between Management and Our Firm - - Comments We have issued our report on internal control over financial reporting based on an audit of financial statements performed in accordance with government auditing standards. This communication is included within the other reports section of the City's financial report for the year ended September 30, 2009. Copies of certain written communications between our firm and the management of the City are attached as Exhibit A. Page 3 The City of Aventura Summary of Accounting Estimates Year Ended September 30,2009 Accounting estimates are an integral part of the preparation of financial statements and are based upon management's current judgment. The process used by management encompasses their knowledge and experience about past and current events and certain assumptions about future events. You may wish to monitor throughout the year the process used to compute and record these accounting estimates. The following describes the significant accounting estimates reflected in the City's September 30, 2009 financial statements: Area Accounting Policy Estimation Process Comments ~ Financial statement The net pension asset is The City with input from its We have audited the estimates related to calculated as the pension actuary underlying data supporting pension plans. difference between the developed the actuarial the estimate and reviewed annual required assumptions based on management's methodology - contribution and the relevant criteria. which appears properly and actual contributions made Management reviewed consistently applied and have by the City. and approved the financial deemed the resulting statement estimates estimate to be reasonable. - derived from the pension - actuarial report. Depreciation of capital Depreciation is provided The City has informed us We have audited the assets. on the straight-line basis they used all the relevant underlying data supporting - over the respective facts available to them at the estimate and reviewed - estimated useful lives the time to make the best management's methodology ranging from 3 to 40 judgments about the which appears properly and years. depreciation method and consistently applied and have estimated useful lives of deemed the resulting capital assets. estimate to be reasonable. Allowance for Doubtful All trade and other Receivables are analyzed We have audited the Accounts receivables are reported for their collectability underlying data supporting _. at net realizable value. based on the creditors' the estimate and reviewed ,....... ability to pay (Le. financial management's methodology condition, credit history, which appears properly and and current economic consistently applied and have conditions). deemed the resulting - estimate to be reasonable. - Financial statement The net OPES obligation Management with input We have audited the estimates related to is calculated as the from its OPES actuary underlying data supporting - other post-employment difference between the developed the actuarial the estimate and reviewed - benefits annual required assumptions based on management's methodology contribution and the relevant criteria. which appears properly and - actual contributions made Management reviewed consistently applied and have by the City. and approved the financial deemed the resulting statement estimates estimate to be reasonable. derived from the OPES ~ actuarial report. Page 4 Recently Issued Accounting Standards The GASB has issued several statements not yet implemented by the City. The City's management has not yet determined the effect these Statements will have on the City's financial statements. However, the City plans to implement all standards by the required dates. The Statements which might impact the City are as follows: GASS Statement No. 51, Accounting and Financial Reporting for Intangible Assets - GASS Statement No. 53, Accounting and Financial Reporting for Derivative Instruments - - - GASS Statement No. 54, Accounting for Fund Balance Reporting and Governmental Fund Type Definitions - This Statement issued July 2007, will be effective for the City beginning with its year ending September 30, 2010 and for the most part, require retroactive application. This Statement provides guidance regarding how to identify, account for and report intangible assets. The new standard characterizes an intangible asset as an asset that lacks physical substance, is nonfinancial in nature and has an initial useful life extending beyond a single reporting period. This Statement, issued June 2008, will be effective for the City beginning with its year ending September 30, 2010. This Statement addresses the recognition, measurement, and disclosure of information regarding derivative instruments entered into by state and local governments. Derivative instruments are often complex financial arrangements used by governments to manage specific risks or to make investments. By entering into these arrangements, governments receive and make payments based on market prices without actually entering into the related financial or commodity transactions. A key provision in this Statement is that derivative instruments covered in its scope, with the exception of synthetic guaranteed investment contracts (SGICs) that are fully benefit- responsive, are reported at fair value. This Statement, issued March 2009, will be effective for the City beginning with its year ending 2011. The objective of this Statement is to enhance the usefulness of fund balance information by providing clearer fund balance classifications that can be more consistently applied and by clarifying the existing governmental fund type definitions. This Statement establishes fund balance classifications that comprise a hierarchy based primarily on the extent to which a government is bound to observe constraints imposed upon the use of the resources reported in governmental funds. Page 5 Exhibit A. Certain Written Communications Between Management and Our Firm Cit,' of Avenlura SepEmber 30, 2009 Appendix A - Sumrrary of AudK Adjusmen5 (AJE) & Reclass Entries (RJE) Note: All adjusment were recorded in !he financial staElT'en1s Entry # AJE 1 Slalus Posted AccounVCode 615-0000-115-0000 615-0000-355-1000 PBC- To adjustAR and Accrued Revenue AJE 2 Posted 120-0000-223-3000 120-0000-338-3801 Description CURRENT ASSETS / ACCOUNTS RECEIVABLE FORFEITURES/TO TRUST FUND DEFERRED REVENUES / UNEARNED REVENUE COUNTY FUNDING / TRANSIT SYSTEM SURT To Adjust Revenue and Deferred Revenue due b amount not being received within 90 days. AJE 3 Posted 001-0000-223-0000 CURRENT AND ACCRUED L1AB / DEFERRED 001-0000-316-1000 OCCUPATIONAL LICENSES I LOCAL BUSlNE PBC- To Adjust Unearned Revenue AJE4 Posted 391-0000-133-0000 ASSETS / DUE FROM OTHER GOV. 391-0000-338-3800 COUNTY / COUNTY FUNDING - To record AR and Revenue related b the BBC project .- AJE5 Posted 001-0000-202-0000 391-7001-575-6308 190-6008-569-3148 391-000-202-000 190-000-202-000 001-8020-521-6450 - - - To adjusttJr expenses Ulalwere improperly included and excluded from the Account Payable balance at year end - RJE 1 PosEd 410-0000-164-9000 410-0000-164- 901 0 - - PBC - To reclass Posting Error RJE 2 001-0000-354-2000 001-9001-581-9118 190-0000-354-2000 190-0000-381-1001 Posted - To reclass Revenue from the Charter School b the General Fund for Ule red lig ht Revenue and show as a transfer from the General Fund - RJE 2 Posted 001-0000-101-0100 001-0000-131-3000 391-0000-101-0100 391-0000-207-0100 - - PBC - To repay General Fund VIOLATION OF LOCAL CODES/RED LIGHT TRANSFERS TO/CHARTER SCHOOL VIOLATION OF LOCAL CODES/RED LIGHT FROM LAW ENFORCEMENT TF/GENE CASH IN BANK/GENERAL OPERATING DUE FROM OTHER FUNDS/FUND 391 CASH IN BANK/GENERAL OPERATING DUE FROM OTHER FUNDS/FUND 391 2,678.00 Debit CredK 2,678.00 65,000.00 77,367.00 389,100.00 24,172.50 11,840.10 82,295.88 405,259 100,000 100,000 134,780 134,780 65,000.00 77 ,367.00 389,100.00 11,840.10 82,295.88 24,172.50 405,259 100,000 100,000 134,780 134,780 City of Aventura ~ , (;~ - ~ ,IIO,,J\ <e 0'.Y ~l'", (4 S~6 Government Center 19200 West Country Club Drive Aventura, Florida 33180 SUSAN GOlTLlEB MAYOR March 12, 2010 McGladrey & Pullen, LLP. 100 N.E 3rd Avenue, Suite #300 Ft. Lauderdale, FL 33301 COMMISSIONERS ZEV AUERBACH BOB DIAMOND TERI HOLZBERG BILLY JOEL MICHAEL STERN Luz URBAEZ WE1NBERG ERIC M. SOROKA, ICMA-CM CITY MANAGER - In connection with your audit of the basic financial statements of the City of Aventura, Florida (the "City") as of and for the year ended September 30, 2009, we confirm that we are responsible for the fair presentation in the financial statements of financial position, changes in financial position, and cash flows, where applicable, in conformity with accounting principles generally accepted in the United States of America. ,- We confirm to the best of our knowledge and belief, as of March 12, 2010 the following representations made to you during your audit. .- - 1. The financial statements referred to above are fairly presented in conformity with accounting principles generally accepted in the United States of America. 2. There are no organizations that are a part of this reporting entity or with which we have a relationship, as these organizations are defined in Section 2100 of the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, that are: a. Component units. b. Other organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. c. Jointly governed organizations in which we participated. 3. We are not a component unit of any other government, as this term is defined in Section 2100 of the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards. 4. We are not an other organization, as this term is defined in Section 2100 of the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards. 5. We are not a joint venture with any other organization, as this term is defined in Section 2100 of the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards. - - - PHONE: 305-466-8900 · FAX: 305-466-8939 www.cityofaventura.com .~ 6. We are not a jointly governed organization, as this term is defined in Section 2100 of the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards. 7. We have identified for you all of our funds, governmental functions and identifiable business-type activities. 8. We have properly classified all funds and activities. 9. We have properly determined and reported the major governmental and enterprise funds based on the required quantitative criteria. 10. We are responsible for compliance with laws and regulations applicable to the City including adopting, approving, and amending budgets. 11. We have identified and disclosed to you all laws and regulations that have a direct and material effect on the determination of financial statement amounts including legal and contractual provisions for reporting specific activities in separate funds. 12. We have identified in the schedule of expenditures of Federal awards all such assistance received, both directly and as a subrecipient, in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, or direct appropriations by the City. Based on this schedule, we have determined that no federal or state single audit is required. 13. Information presented in Federal financial reports and claims for advances and reimbursements is supported by the books and records from which the basic financial statements have been prepared. 14. We have made available to you: a. All financial records and related data of all funds and activities, including those of all special funds, programs, departments, projects, activities, etc., in existence at any time during the period covered by your audit. b. All minutes of the meetings of the governing board and committees of board members or summaries of actions of recent meetings for which minutes have not yet been prepared. c. All communications from grantors, lenders, other funding sources or regulatory agencies concerning noncompliance with: (1) Statutory, regulatory or contractual provisions or requirements. (2) Financial reporting practices that could have a material effect on the financial statements. 15. We have no knowledge of fraud or suspected fraud affecting the entity involving: a. Management or employees who have significant roles in the internal control. b. Others where the fraud could have a material effect on the financial statements. 16. We acknowledge our responsibility for the design and implementation of programs and controls to provide reasonable assurance that fraud is prevented and detected. 17. We have no knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, regulators, or others. 18. There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices. 19. We know of no violations of State or Federal statutory or regulatory provisions, grant or other contractual provisions, or of provisions of local ordinances. - .,- .- ,- - 20. We have no plans or intentions that may materially affect the carrying value or classification of assets and liabilities. 21. The following have been properly recorded and/or disclosed in the financial statements: a. Related party transactions, as defined in Section 2100 of the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, and interfund transactions, including interfund accounts and advances receivable and payable, sale and purchase transactions, interfund transfers, long-term loans, leasing arrangements and guarantees, all of which have been recorded in accordance with the economic substance of the transaction and appropriately classified and reported. b. The fair value of investments. c. Amounts of contractual obligations for construction and purchase of real property or equipment not included in the liabilities or encumbrances recorded on the books. d. Security agreements in effect under the Uniform Commercial Code. e. Debt issue provisions. f. Risk financing activities. g. Deposits and investment securities categories of risks. h. Significant estimates known to management which are required to be disclosed in accordance with the AICPA's Statement of Position 94-6, Disclosure of Certain Significant Risks and Uncertainties. Significant estimates are estimates at the balance sheet date which could change materially within the next year. i. The effect on the financial statements which has not been determined of the following GASB Statements which have been issued, but which we have not yet adopted: a. GASB Statement No. 51, "Accounting and Financial RepDrting for Intangible Assets," b. GASB Statement No. 53, "Accounting and Financial RepDrting fDr Derivative Instruments" c. GASB Statement No. 54, "Accounting for Fund Balance RepDrting and Governmental Fund Type Definitions" j. Defined benefit plans and other pDSt employment benefit plans. 22. We are responsible for making the accounting estimates included in the financial statements. Those estimates reflect our judgment based on our knowledge and experience about past and current events and our assumptions about conditions we expect to exist and courses of action we expect to take. In that regard, adequate provisions has been made for pension obligations attributable to employee services rendered through September 30, 2009. No provision is required for: a. Reducing receivables to their estimated net collectable amounts. b. Reducing obsolete, damaged, or excess inventories to their estimated net realizable values. c. Reducing investments, intangibles, and other assets which have permanently declined in value to their realizable values. 23. There are no: a. Material transactions that have not been properly recorded in the accounting records underlying the financial statements. For purposes of this representation, we consider items to be material, regardless of their size, if they involve the misstatement or omission of accounting information that, in light of surrounding circumstances, makes it probable that the judgment of - - -. - - ,,'" a reasonable person relying on the information would be changed or influenced by the omission or misstatement. b. Arrangements with financial institutions involving compensating balances or other arrangements involving restrictions on cash balances. c. Agreements to repurchase assets previously sold. d. Guarantees, whether written or oral, under which the City is contingently liable. e. Authorized but unissued bonds and/or notes. f. Derivative financial instruments. g. Special or extraordinary items. h. Liabilities which are subordinated in any way to any other actual or possible liabilities. i. Material losses to be sustained in the fulfillment of, or from the inability to fulfill, any service commitments. j. Material losses to be sustained as a result of purchase commitments. k. Debt issue repurchase options or agreements, or sinking fund debt repurchase ordinance requirements. I. Environmental clean up obligations. m. Violations or possible violations of laws or regulations whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency. n. Other material liabilities or gain or loss contingencies that are required to be accrued or disclosed by Statement of Financial Accounting Standards NO.5 and/or GASB Statement No. 10. - o. Line of credit or similar arrangements. p. Any other liens or encumbrances on assets or revenues or any assets or revenues which were pledged as collateral for any liability or which were subordinated in any way and security agreements in effect under the Uniform Commercial Code. q. Impairment of capital assets. r. Arbitrage rebate liabilities. s. Material concentrations known to management which are required to be disclosed in accordance with the AICPA's Statement of Position 94-6, Disclosure of Certain Significant Risks and Uncertainties. Concentrations refer to volumes of business, revenues, available sources of supply, or markets for which events could occur which would significantly disrupt normal finances within the next year. t. All leases and material amounts of rental obligations under long-term leases. 24. There have been no complaints filed with or concerning our compliance with the provisions of: a. Davis-Bacon Act relative to payment of prevailing wages. b. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 relative to acquisition of real property and the relocation of occupants of acquired property. 25. There are no unasserted claims or assessments that our lawyers have advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards NO.5 and/or GASB Statement NO.1 O. - - - ..liIiIiloo. 26. We have no direct or indirect, legal or moral, obligation for any debt of any organization, public or private, or to special assessment bondholders that is not disclosed in the financial statement. 27. We have satisfactory title to all owned assets. 28. We have complied with all aspects of contractual agreements that would have a material effect on the financial statements in the event of noncompliance. 29. Net asset components (invested in capital assets, net of related debt; restricted; and unrestricted) and fund balance reserves and designations are properly classified and, if applicable, approved. 30. Expenses have been appropriately classified in or allocated to functions and programs in the statement of activities, and allocations have been made on a reasonable basis. 31. Revenues are appropriately classified in the statement of activities within program revenues and general revenues. 32. Capital assets, including infrastructure assets, are properly capitalized, reported, and depreciated. 33. Required supplementary information is properly measured and presented. 34. We are responsible for and have reviewed and approved the proposed adjustments to the trial balances identified during the audit, which are included in the summarized schedule of posted adjustments and will post all adjustments accordingly. We have reviewed, approved, and are responsible for overseeing the preparation and completion of the basic financial statements and related notes. 35. We are not aware of any significant deficiencies or material weaknesses in the design or operation of internal controls that could adversely affect the City's ability to record, process, summarize and report financial data. We are responsible for establishing and maintaining effective internal control over financial reporting. 36. In connection with your audit, conducted in accordance with Government Auditing Standards, we confirm: a. We are responsible for: i. Compliance with the laws, regulations, and provisions of contracts and grant agreements applicable to the City. ii. Establishing and maintaining effective internal control over financial reporting. b. We have identified and disclosed to you: i. All laws, regulations, and provisions of contracts and grant agreements that have a direct and material effect on the determinations of financial statement amounts or other financial data significant to audit objectives. ii. Violations (and possible violations) of laws, regulations, and provisions of contracts and grant agreements whose effects should be considered for disclosure in the auditor repository or noncompliance. c. We have no violations of provisions of contracts or grant agreements that have been reported. d. We have a process to track the status of audit findings and recommendations. e. We have identified for you previous financial audits, performance audits, or other studies related to the objectives of the audit being undertaken and the corrective action taken to address significant findings and recommendations. f. We have provided you with our response to the reported findings, conclusions, and recommendations, as well as our planned corrective actions for the report. ,- - .- 37. There have been no communications from grantors, lenders, other funding sources or regulatory agencies concerning noncompliance with: a. Statutory, regulatory or contractual provisions or requirements. b. Financial reporting practices that could have a material effect on the financial statements. 38. We know of no violations of State or Federal statutory or regulatory provisions, grant or other contractual provisions, or of provisions of local ordinances. 39. The City has complied with the provisions of Section 218.415, Florida Statutes regarding the investment of public funds. 40. The City is not in a state of emergency based upon the conditions described in Section 218.503(1), Florida Statutes. 41. Management has assessed the financial condition of the City and noted no deteriorating financial condition. 42. The City is involved in a litigation matter involving its red light camera program and has sufficient unrestricted funds to satisfy the City's potential liability which is estimated to be between $0 and $1,156,000. No events or transactions other than those disclosed in the financial statements, have occurred subsequent to the balance sheet date and through the date of this letter that would require adjustment to, or disclosure in, the financial statements. - During the course of your audit, you may have accumulated records containing data which should be reflected in our books and records. All such data have been so reflected. Accordingly, copies of such records in your possession are no longer needed by us. .,P4M. rJlo,iilllo, As of and for the Year Ended September 30,2009 We believe that the effects of the uncorrected misstatements aggregated by you and summarized below are immaterial, both individually and in the aggregate to the opinion units of the basic financial statements. For purposes of this representation, we consider items to be material, regardless of their size, if they involve the misstatement or omission of accounting information that, in light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would be changed or influenced by the omission or misstatement. Opinion Unit: Government Wide - Governmental Activities DESCRIPTION Effect - Debit (Credit) ASSETS LIABILITIES EQUITY REVENUE EXPENSES CARRYOVER IMPACT FROM PREVIOUS YEARS CURRENT YEAR MISSTATEMENTS Known Errors To properly state internal transfers. $ $ 94,000 $ (94,000) $ (94,000) 94,000 Opinion Unit: General Fund DESCRIPTION Effect - Debit (Credit) ASSETS LIABILITIES EQUITY REVENUE EXPENSES CARRYOVER IMPACT FROM PREVIOUS YEARS CURRENT YEAR MISSTATEMENTS Known Errors To properly state internal transfers. $ 94,000 ($94,OOO) Opinion Unit: Aqqreqate Remaininq Fund DESCRIPTION Effect - Debit (Credit) ASSETS LIABILITIES EQUITY REVENUE EXPENSES CARRYOVER IMPACT FROM PREVIOUS YEARS CURRENT YEAR MISSTATEMENTS Known Errors To properly state internal transfers. $ (94,000) $94,000 ~. /L. ~ Brian K. Raducci Finance Director Eric M. Soroka City Manager ~>~...~,".,,,",,,.,~,,,,,,,,,,,,,,~,,,",,,,,,"_..,,",,,",,,,,,,",~,,,,,,,,,~,,..~.,......,.,,.,,,.,,,'''''''''' .. - McGladrey & Pullen Certified Public Accountants ,- - - - City of Aventura, Florida - - - Financial and Compliance Report for the Building Better Communities Bond Projects in Accordance with Miami-Dade County, Florida Ordinance 05-47 September 30, 2009 ,- - - - - - - - - .- - - - Contents - - Independent Auditor's Report on the Financial Statement of the Building Better Communities Bond Projects in Accordance with the Program-Specific Audit Option under Miami-Dade County, Florida Ordinance 05-47, Applicable Resolutions and Building Better Communities Administrative Rules 1 - - - - - Schedule of Expenditures and Notes to the Schedule of Expenditures of Building Better Communities Bond Projects 2 - - - Independent Auditor's Report on Compliance With Requirements Applicable to the Building Better Communities Bond Projects and on Internal Control over Compliance in Accordance with the Program-Specific Audit Option under the Miami-Dade County, Florida Ordinance 05-47, Applicable Resolutions and Building Better Communities Administrative Rules 3-4 - - - - - Schedule of Findings and Questioned Costs 5 - - - - - - .- - - - - - - - - - - - - - - - - - - - - McGladrey & Pullen Certified Public Accountants - - - - - - Independent Auditor's Report on the Financial Statement of the Building Better Communities Bond Projects in Accordance with the Program-Specific Audit Option under Miami-Dade County, Florida Ordinance 05-47, Applicable Resolutions and Building Better Communities Administrative Rules - - - - - The Honorable Mayor and City Commissioners City of Aventura, Florida - - We have audited the accompanying Schedule of Expenditures of the Building Better Communities Bond Projects (the "Program") of the City of Aventura, Florida for the year ended September 30, 2009. This financial statement is the responsibility of the City of Aventura, Florida's management. Our responsibility is to express an opinion on the financial statement of the Program based on our audit. - - - - We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Miami-Dade County, Florida Ordinance 05-47, Applicable Resolutions and BuHding Better Communities Administrative Rules. Those standards and Miami-Dade County, Florida Ordinance 05-47, Applicable Resolutions and BuHding Better Communities Administrative Rules, require that we plan and perform the audit to obtain reasonable assurance about whether the financial statement is free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statement. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. - - - - - - - - In our opinion, the Schedule of Expenditures of the Building Better Communities Bond Projects referred to above presents fairly, in all material respects, the expenditures of the Building Better Communities Bond Projects of the City of Aventura, Florida for the year ended September 30, 2009, under the Miami-Dade County, Florida Ordinance 05- 47, Applicable Resolutions and BuHding Better Communities Administrative Rules, in conformity with accounting principles generally accepted in the United States of America. - - - - &~.//~/L~~ - - Miami-Dade County, Florida February 23,2010 - - - - - McGladrey & Pullen, LLP is a member firm of RSM InternaUonal, an affiliaUon of separate and independent legal enUUes. - - - - - - City of Aventura, Florida - - Schedule of Expenditures and Notes to the Schedule of Expenditures of Building Better Communities Bond Projects Year Ended September 30,2009 - - - Project Planning, design, and administration Construction Total expenditures Expenditures $ 320,680 2,142,141 $ 2,462,821 -- - - - Notes to Schedule - - Note 1: - ,- The Building Better Communities Bond Projects was created on November 2, 2004 by Miami-Dade County, Florida, Ordinance 05-47 for the purpose of providing municipal governments with funding to develop, improve, rehabilitate and restore or acquire real property. - - Note 2: - - The Schedule of Expenditures of the Building Better Communities Bond Projects (the "Schedule") presents the expenditures/activities that were allowed for under the Building Better Communities Bond Program of the City of Aventura, Florida for the year ended September 30, 2009. The Schedule was prepared on the modified accrual basis of accounting. .- - - - - -- - - - - - - - - - - .- - - - - 2 - - - - McGladrey & Pullen Certified Public Accountants - - - - - - - Independent Auditor's Report on Compliance with Requirements Applicable to the Building Better Communities Bond Projects and on Internal Control over Compliance in Accordance with the Program-Specific Audit Option under the Miami-Dade County, Florida Ordinance 05-47, Applicable Resolutions and Building Better Communities Administrative Rules - - - - - The Honorable Mayor and City Commissioners City of Aventura, Florida - - Compliance - We have audited the compliance of the City of Aventura, Florida (the "City") with the types of compliance requirements described in the Miami-Dade County, Florida Ordinance 05-47, Applicable Resolutions and Building Better Communities Administrative Rules that are applicable to the Building Better Communities Bond Projects for the year ended September 30, 2009. Compliance with the requirements of laws, regulations, contracts, and grants applicable to this project is the responsibility of the City's management. Our responsibility is to express an opinion on the City's compliance based on our audit. - - - - - We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; and Miami-Dade County, Florida Ordinance 05-47, Applicable Resolutions and Building Better Communities Administrative Rules (Ordinance 05-47). Those standards and Ordinance 05-47 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on the Building Better Communities Bond Projects occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the City's compliance with those requirements. - - - - - - - - In our opinion, the City complied, in all material respects, with the requirements referred to above that are applicable to its Building Better Communities Bond Projects for the year ended September 30,2009. - - - - - - - - - McGladrey & Pullen, LLP is a member firm of RSM International, an affiliation of separate and independent legal entities. ~, - 3 - - - - - - - Internal Control Over Compliance - The management of the City is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to the Building Better Communities Bond Projects. In planning and performing our audit, we considered the City's internal control over compliance with the requirements that could have a direct and material effect on its Building Better Communities Bond Projects in order to determine our auditing procedures for the purpose of expressing our opinion on compliance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over compliance. - - - - - - A control deficiency in an entity's internal control over compliance exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect noncompliance with a type of compliance requirement of a Building Better Communities Bond projects program on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to administer the Building Better Communities Bond Projects such that there is more than a remote likelihood that noncompliance with a type of compliance requirement of the Building Better Communities Bond Projects that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material noncompliance with a type of compliance requirement of the Building Better Communities Bond Projects will not be prevented or detected by the entity's internal control. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be matenal weaknesses, as defined above. - - - - - - - - - - - - This report is intended solely for the infonnation and use of the Honorable Major, City Commissioners, management of the City, and management of Miami-Dade County, Florida, and is not intended to be and should not be used by anyone other than these specified parties. - - ,- ,- &~ / /~/ L?-r=' - - Miami-Dade County, Florida February 23,2010 - - - - - - - - ,- - - 4 - - - - - ,- - City of Aventura, Florida - - Schedule of Findings and Questioned Costs - Section I . Summary of Auditor's Results - - Basic Financial Statements - - Type of auditor's report issued: - Internal control over financial reporting: Material weakness(es) identified? Significant deficiency(ies) identified that are not considered to be material weakness(es)? Noncompliance material to the basic financial statements noted? Yes Yes - Yes - - - - Buildinq Better Communities Bond Proiects - Internal control over program: Material weakness(es) identified? Significant deficiency(ies) identified that are not considered to be material weakness(es)? - Yes - Yes - - Type of auditor's report issued on compliance for program-specific program: Any audit findings disclosed that are required to be reported in accordance with Ordinance 05-477 - - Yes - - - - - - - - - - - - - - - - - 5 - Unqualified Unqualified x No x X None reported No X No X No X No r .. r J C r: THE CITY OF AVENTURA, FLORIDA - r r r ,-. r """ I ..... I I- I. Comprehensive Annual Financial Report For The Fiscal Year Ended September 30, 2009 r' " ("\ ,..... (' ,..... (' ("' f" (' ,.... ,...... (' f"' f" (" f" ,..... r' ,..... ("\ f'" (' f'"' r" ("\ I'" ("\ ,.... ,.... ,... ,.... ,.... f'" r" ,..... r- (' " ,.... (' f" ,.... r" r- City of Aventura, Florida Comprehensive Annual Financial Report Fiscal Year Ended September 30, 2009 ~ e e~o~ Prepared By The Finance Department Brian K. Raducci, Finance Director Brent Rogers, Controller - - - - Table of Contents - Introductory Section (Unaudited) - - Letter of Transmittal List of Principal Officials Organizational Chart Certificate of Achievement for Excellence in Financial Reporting i vi vii viii - - Financial Section - - Independent Auditor's Report 1-2 - - Management's discussion and analysis (unaudtited) Basic financial statements: Government-wide financial statements: Statement of net assets Statement of activities Fund financial statements: Governmental funds: Balance sheet Reconciliation of the governmental funds balance sheet to the statement of net assets Statement of revenues, expenditures and changes in fund balances Reconciliation of the statement of revenues, expenditures and changes in fund balances of governmental funds to the statement of activities Proprietary funds: Statement of net assets - proprietary fund Statement of revenues, expenses and change in net assets- proprietary fund Statement of cash flows - proprietary fund Fiduciary funds: Statement of fiduciary net assets - police officers' retirement plan fund Statement of changes in fiduciary net assets - police officers' retirement plan fund Notes to financial statements 3-13 - - - 14 15 - - 16 - 17 - 18 - - 19 - 20 - 21 22 ,- - 23 24 - 25 - 48 - - Required Supplementary Information(unaudited) Schedule of revenues and expenditures- budget and actual - general fund Schedule of funding progress - police officers' retirement plan fund Schedule of contributions from the employer and the State of Florida - police officers' retirement plan fund Notes to required supplementary information 49 - 51 52 - - - - 53 54 - - -- -- - -- - - - - Table of Contents Supplementary Information: Combining and individual fund statements and schedules: Combining balance sheet - other nonmajor governmental funds Combining statement of revenues, expenditures and changes in fund balances (deficits) - other nonmajor governmental funds Schedule of revenues and expenditures - budget and actual - special revenue funds Schedule of revenues and expenditures - budget and actual - debt service funds Schedule of revenues and expenditures - budget and actual - capital projects funds 56 - 57 58 - 59 60 - 64 65 - 68 69 - 70 Statistical Section (unaudited) Government-wide information: Table 1 - Net assets by component Table 2 - Changes in net assets Fund information: Table 3 - Governmental activities tax revenues by source Table 4 - Fund balances of governmental funds Table 5 - Changes in fund balances of governmental funds Table 6 - General governmental tax revenues by source Table 7 - Assessed value and estimated actual assessed value of taxable property Table 8 - Property tax rates - direct and overlapping governments Table 9 - Principal property taxpayers Table 10 - Property tax levies and collections Table 11 - Ratios of outstanding debt by type Table 12 - Ratios of bonded debt outstanding Table 13 - Direct and overlapping governmental activity debt Table 14 - Legal debt margin information Table 15 - Demographic and economic statistics Table 16 - Occupational employment by group - Miami-Dade County, Florida Table 17 - Full-time equivalent government employees by function Table 18 - Operating indicators by function Table 19 - Capital asset statistics by function 71 72 - 73 74 75 76 - 77 78 79 80 - 81 82 83 84 85 86 87 88 89 90 91 92 Other Reports Section Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 93 - 94 Management Letter Required By Chapter 10.550 of the Rules of the Auditor General of the State of Florida 95 - 96 INTRODUCTORY SECTION (' r" f' ,.... f'"' f". f"'" ,..... ,.... ,..... ,.... ,...... f" r" f'" ,..... r" ,..... ,.... f". f"'" f". r" ,... ,.... ,... ,.... r" ,..... r" f'" ,.... r'- ,.... r'- ,...... r" r" I" City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 SUSAN GOTILlEB MAYOR March 12, 2010 COMMISSIONERS ZEV AUERBACH BoB DIAMOND TERI HOLlBERG BILLY JOEL MICHAEL STERN Luz URBAEZ WEINBERG To the Honorable Mayor, Members of the City Commission and Citizens of the City of Aventura, Florida ERIC M. SOROKA, ICMA-CM CIlY MANAGER In accordance with Section 11.45, Florida Statutes and Section 4.11 of the City of Aventura (the "City") Charter, submitted herewith is the City's Comprehensive Annual Financial Report (the "CAFR") for the fiscal year ended September 30, 2009. The financial statements included in this report conform to the generally accepted accounting principles in the United States ("GAAP") as prescribed by the Governmental Accounting Standards Board ("GASB"). The City is responsible for the accuracy of the data and the completeness and fairness of the presentation, including all disclosures. The financial statements have been audited by McGladrey & Pullen, LLP. The independent auditors have issued an unqualified opinion that this report fairly presents the financial position of the City and complies with all reporting standards noted above. The contents of this report are aimed at compliance with GASB pronouncements, including Statement No. 34, requiring the preparation of government-wide financial statements on a full accrual basis of accounting for all funds and including Management's Discussion and Analysis. Also included are additional and enhanced Statistical Tables required by GASB Statement No. 44. THE REPORTING ENTITY AND ITS SERVICES The City was incorporated on November 7, 1995 and is a political subdivision of the State of Florida. The City operates under a commission-manager form of government and provides General Government, Public Safety and Community Services to its residents and business community. The Mayor and six (6) Commissioners are responsible for establishing the City's policies. The Mayor and Commission appoint the City Manager who is the Chief Administrative Officer of the City and is responsible for implementing policies adopted by the Commission. This report includes all of the funds for which the City is financially accountable. Although the Miami- Dade Board of County Commissioners, Miami-Dade District School Board, South Florida Water Management District and Florida Inland Navigation District levy and collect taxes on property located within the City's corporate limits, financial information on these taxing authorities is not included in this report since each has a separate elected governing body, are legally separate and are fiscally independent of the City. Annual financial reports of these units of government are available upon request from each authority. f" ,...... ,.... f" r-- PHONE: 305-466-8900 · FAX: 305-466-8939 www.cityofaventura.com (' f' r" ,..... f". r-. ,.... f"' r'- ('. r. ,.... ("'. r. f'" r" f" ,..... f'" ,.... ,..... r. ,.... f' ,.... f' f" " ,..... " ,.... " f" " f" f'" f'" ,.... ,..... ,.... " ,..... f" r" ECONOMIC CONDITIONS AND OUTLOOK The City serves an area of approximately 4 square miles with a population of approximately 31,000 residents. Prior to incorporation, the City received services from Miami-Dade County (the "County") as a part of their unincorporated municipal services taxing unit. The City received no real property, facilities or equipment from the County upon incorporation. Fiscal Year 2009 The City's combination of upscale residential and commercial developments resulted in a taxable value of approximately $9.4 billion within a land area of less than 4 square miles. During fiscal year 2009, the Country, as well as the South Florida area had continued to experience an economic downturn that has resulted in lower home values, a national credit crunch, an increase in the jobless rate and revenue shortfalls at all levels of government. The financial impact of all of these challenges is more fully described in the Management's Discussion and Analysis section of this report. MAJOR INITIATIVES The establishment of a new municipal government structure to meet the needs of an existing City resident and business base has required the dedication of elected officials, the City Manager and all employees. The foundation on which to build the government structure has emphasized customer service, one-stop shopping and privatization where appropriate. During the first ten (10) years of the City's existence, the City has focused on the infrastructure needs of the community. In recent years, the City has also directed its efforts to address the change in demographics toward a younger community. During fiscal year 2009, the City completed the following major capital improvements: . Drainage improvements along NE 190th and NE 1915t Streets and NE 29th Avenue . Expansion of the Traffic Video Monitoring Program along Biscayne Boulevard . Traffic Improvements Phase I at the Biscayne Boulevard Intersection . Road Resurfacing along NE 190th Street . Classroom Additions (as more fully described below) The August 25, 2003 opening of Aventura Charter Elementary School ("School") represented several milestones in the City's short history. The School was the first within the City's boundaries and the first municipal sponsored charter school in Miami-Dade County. The School has been well received and has been at full capacity since its inception. The School has obtained academic success receiving an "A" grade issued by the State of Florida for the past four (4) years. In order to address the Florida Class Size Mandate Legislation, ten (10) new classrooms were added in time for the 2010 school year. This addition insures that the School meets the class size requirements of kindergarten through third grade and fourth grade to eighth grade of 18 and 22 students per classroom, respectively. In addition, the new classrooms allow an increase of eight (8) students per grade for a total of seventy two (72) new students. In late 2007, the City Commission authorized the commencement of the design and construction of the Aventura Arts and Cultural Center ("AACC") to be located adjacent to the Community Recreation Center. In January 2009, Phase I Demolition began and was completed on March 6, 2009. On March 3, 2009, the City Commission authorized an agreement for construction management services related to Phase II construction which began in May 2009. Construction is scheduled for completion in June/July 2010. The City has entered into a contract with the Broward Performing Arts Center Authority ("PACA") to provide start-up services and manage the facility. In addition, an agreement for PACA to provide concession services at the AACC is being prepared. The City will be responsible for valet and janitorial ii r- ,.... r" ,..... ,.... r" ,..... f'. r" ,.... r-. f" ,-... f" r" r" r" ,..... f" ,..... f" r" ,.... ,..... r" ,..... ,..... ,..... r" ,..... r" ,..... ,.... r" r" ,.... r" r" r" ,..... r" ,..... ,.... r- services. On December 2, 2009, a successful topping off ceremony was held and plans for the opening event (scheduled for October 2010) are underway. In relation to the American Recovery and Reinvestment Act of 2009 which is designed to provide Economic Stimulus, the City has received approval for the following projects: . Yacht Club Way Bridge Improvements . Don Soffer Exercise Trail Improvements . Two (2) Bus Shelter Installations along Country Club Drive . Replacement of bus benches in various parts of the City FINANCIAL INFORMATION Internal Accountinq Control Management of the City is responsible for establishing and maintaining internal controls designed to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with GAAP. Internal control is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. All internal control evaluations occur within the above framework. We believe that the City's internal accounting controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions. Budqetary Control An annual appropriated budget is adopted for all governmental funds with the exception of the Charter School Fund, Federal Forfeiture Fund and Law Enforcement Trust Fund (Special Revenue Funds). In accordance with City Ordinance, appropriations are legally controlled at the Department level. Encumbrance accounting, under which purchase orders and other commitments for the expenditure of funds are recorded in the accounting records and is utilized throughout the fiscal year. Overview of Financial Activitv The accompanying financial statements reflect that the City has continued to expand its services to meet the demands of its residential and business communities. A summary of the major financial activities is included in the Management Discussion & Analysis Section of this report. Fund Balances Fund balances represent the accumulation of resources from prior years which are available to fund future years' budgets and for use as a reserve for unexpected events in the future. The unreserved fund balance at September 30, 2009 for the General Fund is approximately $34,184,000, representing a significant portion of the fiscal year 2010 budget. Of this amount, approximately $16,130,000 is used to fund a capital reserve account in the fiscal year 2010 budget which may be allocated by the City Commission to fund budget needs in the current or later fiscal years. The fund balances in each special revenue, debt service and capital projects fund are designated for use for the specific legal purposes of each fund. Retirement Proarams The City contributed to four (4) defined contribution pension plans based on employee classifications created in accordance with Internal Revenue Code Section 401 (a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 7% and an amount equal to the annual IRS maximum, depending on the employee classification. There are no employee contributions. Employer contributions for the fiscal year ended September 30,2009 were approximately $741,000. Hi r'- (' r- r" ,.... r" r- r" ,...... ,..... r" ,..... r0- t" ,..... f" f" ,..... f' I" ,..... f""\ f". ,..... ,.... r" (" ,...... (' r" I" r- r" ,... ,.... I" ,.... ,.... ,.... ,..... r" f' ,-... ,..... A defined contribution pension plan provides pension benefits in return for services rendered, provides an individual account for each participant and specifies how contributions to the individual's account are to be determined instead of specifying the amount of benefits the individual is to receive. Under a defined contribution pension plan, the benefits a participant will receive depend solely on the amount contributed to the participant's account, the returns earned on investments on those contributions, and forfeitures of other participant's benefits that may be reallocated to such participant's account. In order to encourage employees to supplement the defined contribution plan, a deferred compensation program is also available to all full-time employees. Under this program, employees may voluntarily elect to defer a portion of their salary to future years. Both programs are administered by the ICMA Retirement Corporation under a trust agreement. The plan assets are separate and the City does not exercise any control or fiduciary responsibility over the assets. Therefore, the assets, liabilities and transactions are not included in the City's financial statements. As discussed in the Notes to the Financial Statements, the City, through collective bargaining with the City's police officers agreed to establish a defined benefit retirement program covering all sworn officers. This program is funded by a combination of City and employee contributions and state insurance premium taxes. Please see Note 12 in the Notes to the Financial Statements for a detailed discussion of the retirement program. Financina Proarams and Debt Administration The City currently has three (3) outstanding long-term debt issues. At September 30, 2009, the principal balance outstanding totaled $32,140,000. The Series 1999 Revenue Bonds issued from the Florida Municipal Loan Council, Inc, is secured solely by a covenant to budget and appropriate the required debt service payments each year. The loan is structured the same as a serial bond issue with principal payments due on April 151 and interest payments due on April 151 and October 151 of each year with the final maturity on April 1, 2029. Debt service requirements average approximately $1,350,000 per year over the 30-year life of the bonds. The interest rate varies from 3.200% to 5.125% depending on the maturity date. The Series 2000 Revenue Bonds are bank qualified debt, secured solely by a covenant to budget and appropriate the required debt service payments each year. This loan is structured the same as a serial bond issue with principal payments due on October 151 and semi-annual interest payments due on April 151 and October 151 of each year with the final maturity on April 1, 2020. Debt service requirements average approximately $510,000 per year over the 20-year life of the obligation. The interest rate is locked at 5.05%. The Series 2002 Revenue Bonds were financed through the Florida Intergovernmental Finance Commission. The loan is secured solely by a covenant to budget and appropriate the required debt service payments each year. This loan is structured the same as a serial bond issue with principal payments due August 151 and interest payments due on February 151 and August 151 of each year with the final maturity on April 1 ,2029. Debt service requirements average approximately $850,000 per year over the 30-year life of the obligation. The interest rate varies from 2.5% to 5.0% depending on the maturity date. OTHER INFORMATION Independent Audit In accordance with Section 11.45(3)(a) (4), Florida Statutes, and Article I, Section 4.11 of the City Charter, the City engaged the firm of McGladrey & Pullen, LLP to perform the independent audit of the City's accounts and records. The independent auditors' reports are included in the Financial section. iv ,..... ,.... ,...... r" f' (' ,..... r' " f"'. f"' ,..... '" r" f' r" I" ,..... ,.... ,..... r" f"' ,..... ,.... f"' ,..... f' ,.... r-- f" f"' ,...., f". ,..... f'" ,...., r" f"' f". ,.... ,..... f" f". ,...... Certificate of Achievement The Government Finance Officers Association of the United States and Canada (uGFOA") awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Aventura for its CAFR for the fiscal year ended September 30, 2008. This was the thirteenth consecutive year that the City has achieved this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized CAFR. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. Acknowledaements The preparation of this report on a timely basis could not have been accomplished without the efficient and dedicated services of the entire Finance Department. We express our appreciation to all members of the Department who assisted and contributed to its preparation. We also wish to thank the City Commission for their interest and support in planning and conducting the City's financial operations in a responsible and progressive manner. ~. /L. ~ Brian K. Raducci Finance Director v - .- - - - City of Aventura, Florida List of Principal Officials As of September 30, 2009 - - - - Title Name - - Mayor Susan Gottlieb - Commissioner Zev Auerbach - Commissioner Bob Diamond - - Commissioner Teri Holzberg - Commissioner Billy Joel - Commissioner Michael Stern - Commissioner Luz Urbaez Weinberg - - City Manager Eric M. Soroka - Finance Director Brian K. Raducci - Community Services Director Robert M. Sherman - - City Clerk Teresa M. Soroka - Community Development Director Joanne Carr - Police Chief Steven Steinberg - Information Technology Director Karen J. Lanke - ,'-'" Principal Charter School Julie Aim - City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. - - City Auditor McGladrey & Pullen, LLP - - - - - - - - - vi - CITY OF AVENTURA Organizational Chart o ~ '"'... oj r;"Y Residents Minutes City Attorney City Clerk Legal Services Budget Preparation Records Retention Customer ~ ervice Capital Pro ects Clerical Support Personnel Elections I Public Safety Community Finance Community Development Services Department Department Department Department Police Planning Finance/Accounting Community Facilities Patrol Zoning Purchasing Parks/Beautification Community Relations Building Inspections Risk Management ROW/Median Main!. Criminal investigations Code Enforcement Public Works Traffic Enforcement Economic Development Mass Transit Emergency Preparedness Occupational Licenses Special Events Recreation/Cultural Charter School Arts& Cultural Information Center Technology Department Department Department K-8 School Facility Management Information Management Performing Arts Programming Communications vii n f") " " r'\ ') I") r'\ " 1"'\ 1""\ '"' ') 1""\ ~ " I) '"' 1) "" f') '" r) 1"'"\ ~ " f"'\ " " f"'\ r\ 1"'\ r. f"'\ r. " f"'\ ~ "" 1""\ " "" '" " '" .- - - - .- Certificate of Achievement for Excellence in Financial Reporting .- .- - - - ,- - - Presented to - City of A ventura Florida .- - - .- For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2008 - - - - A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. - - - - - - - - - .- President - - ~/~ - Executive Director - - - - - - V111 .- FINANCIAL SECTION - - - - McGladrey & Pullen Certified Public Accountants - ,- - - - - Independent Auditor's Report - - To the Honorable Mayor and Members of the City Commission Aventura, Florida - - - - We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Aventura, Florida (the "City"), as of and for the year ended September 30, 2009, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the City of Aventura Police Officers' Retirement Plan Pension Trust Fund which financial statements represent 85% of the total assets and 56% of the total revenues of the aggregate remaining fund information. The financial statements of the City of Aventura Police Officers' Retirement Plan Pension Trust Fund were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the City of Aventura Police Officers' Retirement Plan Pension Trust Fund, is based on the report of the other auditors. - - - - - - ,- We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit and the report of other auditors' provides a reasonable basis for our opinions. - - - - - - In our opinion, based on our audit and the report of other auditors, the financial statements referred to above, present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City as of September 30, 2009 and the respective changes in financial position and where applicable, cash flows, thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. - - - - - In accordance with Government Auditing Standards, we have also issued our report dated March 12, 2010 on our consideration of the City's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. - - - - - - - - McGladrey & Pullen, LLP is a member firm of RSM International, an affiliation of separate and independent legal entities. 1 - .- .- .- .- .- Management's discussion and analysis, the budgetary comparison information, and the pension fund schedules of funding progress and employer contributions are not a required part of the basic financial statements, but are supplementary information required by accounting principles generally accepted in the United States of America. We, and the other auditors, have applied certain limited procedures, which consist principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. .- - - - .- Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The accompanying introductory section, combining and individual fund statements and schedules, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual fund statements and schedules have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly presented, in all material respects, in relation to the basic financial statements taken as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied by us and the other auditors in the audit of the basic financial statements and, accordingly, we express no opinion on them. - .- - - - - .- /f(~//~/ L~? - - - - Fort Lauderdale, Florida March 12, 2010 - .- .- - - - .- .- .- .- - - - - - - - - - - - 2 .- - - - -- City of Aventura, Florida - - Management's Discussion and Analysis (Unaudited) -- - As management of the City of Aventura (the "City"), we offer readers of the City's financial statements this narrative overview and analysis of the City's financial activities for the fiscal year ended September 30, 2009. We encourage readers to consider the information presented herein in conjunction with the Letter of Transmittal, which can be found on pages i through v of this report. All amounts, unless otherwise indicated, are expressed in thousands of dollars. -- - - Financial Highlights - - . The City's total net assets increased by $9.2 million - over the course of this year's operations. Net assets of our business-type activities - increased by $0.3 million, and the net assets of our governmental activities increased by $8.9 million. . The assets of the City exceeded its liabilities at the close of the most recent fiscal year by $100.3 million (net assets). Of this amount, $34.8 million (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors. . At the end of the current fiscal year, unreserved fund balance for the General Fund was $34 million or 135% of total General Fund expenditures. - -- -- - - Overview of the Financial Statements - - The financial section of this annual report consists of four (4) parts-management's discussion and analysis (this section), the basic financial statements, required supplementary information, and a supplementary information section that presents combining and individual fund statements and schedules. - - "- Financial Section - MANAGEMENT's DISCUSSION AND ANALYSIS - -- BASIC FINANCIAL STATEMENTS -- -- - Government-Wide (Full Accrual) Governmental Activities Business-Type Activities (No Fiduciary Activities) Fund Governmental (Modified Accrual) Proprietary (Full Accrual) Fiduciary (Full Accrual) -- -- - -- -- Notes to the Financial Statements -- -- REQUIRED SUPPLEMENTARY INFORMATION Supplementary Information - Combining and Individual Fund Statements and Schedules -- - - -- -- 3 - ~ City of Aventura, Florida Management's Discussion and Analysis (Unaudited) Major Features of the Basic Financial Statements Government-Wide Financial Statements Scope Entire City government (except fiduciary activities) Required financial . Statement of net assets statements . Statement of activities Accounting basis and measurement focus Accrual accounting and economic resources focus Type of asseU liability information All assets and liabilities. both financial and capital, and short-term and long-term Basic Financial Statements Governmental Funds Activities of the City that are not proprietary or fiduciary . Balance sheet . Statement of revenue, expenditures, and changes in fund balances Modified accrual accounting and current financial resources focus Only assets expected to be used up and liabilities that come due during the year or soon thereafter, no capital assets and long- term liabilities included Fund Financial Statements Proprietary Funds Activities of the City that are operated similar to private business . Statement of net assets . Statement of revenue, expenses, and changes in net assets 'Statement of cash flows Accrual accounting and economic resources focus All assets and liabilities, both financial and capital, and short-term and long-term Fiduciary Funds Instances in which the City is the trustee or agent for someone else's resources . Statement of fiduciary net assets . Statement of changes in fiduciary net assets Accrual accounting and economic resources focus All assets and liabilities, both short-term and long-term Government-wide financial statements. The focus of the government-wide financial statements is on the City's overall financial position and its activities. Reporting is similar to that of a private-sector business. The government-wide financial statements report information about the City as a whole and about its activities in a way that helps answer questions about the City's financial health and whether the current year activities contributed positively or negatively to that health. The City's government-wide financial statements include the statement of net assets and statement of activities. As described below, these statements do not include the City's fiduciary activities because resources of these funds cannot be used to finance the City's activities. However, the financial statements of fiduciary activities are included in the City's fund financial statements because the City is financially accountable for those resources, even though they belong to other parties. 4 - - - - City of Aventura, Florida - Management's Discussion and Analysis (Unaudited) - - - . The Statement of Net Assets presents information on the assets held and liabilities owed by the City, both long and short-term. Assets are reported when acquired by the City and liabilities are reported when they are incurred, regardless of the timing of the related cash flows to acquire these assets or liquidate such liabilities. For example, the City reports buildings and infrastructure as assets even though they are not available to pay the obligations incurred by the City. On the other hand, the City reports liabilities, such as litigation claims, even though these liabilities might not be paid until several years into the future. - - - - - The difference between the City's total assets and total liabilities is net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the City's financial position is improving or deteriorating. Although the City's purpose is not to accumulate net assets, in general, as this amount increases it indicates that the City's financial position is improving over time. - - - . The Statement of Activities presents the revenues and expenses of the City. The items presented on the statement of activities are measured in a manner similar to the approach used in the private-sector, in that revenues are recognized when earned and expenses are reported when incurred. Accordingly, revenues are reported even when they may not be collected for several months after the end of the accounting period and expenses are recorded even though they may not have used cash during the current period. - - - - - Both of the government-wide financial statements distinguish City functions that are principally supported by taxes and intergovernmental revenue (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The City's governmental activities include general government, public safety and community services. The City's business-type activities include stormwater utility. - - - - Fund financial statements. Unlike government-wide financial statements, the focus of fund financial statements is directed to specific activities of the City rather than the City as a whole. Except for the General Fund, separate funds are established to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the City can be divided into three (3) categories: governmental funds, proprietary funds and fiduciary funds. - - - - - Governmental funds. Financial statements consist of a balance sheet and a statement of revenue, expenditures, and change in fund balances. These statements are prepared on an accounting basis that is significantly different from that used to prepare the government-wide financial statements. - - In general, these financial statements have a short-term emphasis and, for the most part, measure and account for cash and other assets that can easily be converted to cash. For example, amounts reported on the balance sheet include items such as cash and receivables but do not include capital assets such as land and buildings. The difference between a fund's total assets and total liabilities is the fund balance, and generally indicates the amount that can be used to finance the next fiscal year's activities. The operating statement for governmental funds reports only those revenues that were collected during the current period or very shortly after the end of the year. Expenditures are recorded when incurred. - - - - - - - - - 5 - ,- City of Aventura, Florida Management's Discussion and Analysis (Unaudited) For the most part, the balances and activities accounted for in governmental funds are also reported in the governmental activities columns of the government-wide financial statements. However, because different accounting basis are used to prepare governmental fund financial statements and government- wide financial statements, there are often significant differences between the totals presented. For this reason, there is an analysis after the governmental funds balance sheet that reconciles the total fund balances for all governmental funds to the amount of net assets presented in the governmental activities column on the statement of net assets. Also, there is an analysis after the statement of revenue, expenditures and changes in fund balances that reconciles the total change in fund balances for all governmental funds to the change in net assets as reported in the governmental activities column in the statement of activities. Proprietary funds. Financial statements consist of a statement of net assets, statement of revenue, expenses, and changes in fund net assets and statement of cash flows. These statements are prepared on an accounting basis that is similar to the basis used to prepare the government-wide financial statements. For financial reporting purposes, proprietary funds are grouped into Enterprise Funds and Internal Service Funds. The City uses Enterprise Funds to account for business-type activities that charge fees to customers for the use of specific goods or services. These funds are used to report the same functions presented as business-type activities in the government-wide financial statements. Internal Service funds are used to account for services provided and billed on an internal basis. The City does not have any Internal Service Funds. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The City has one major enterprise fund, the Stormwater Utility fund. A statement of cash flows is presented at the fund financial statement level for proprietary funds, but no equivalent statement is presented in the government-wide financial statements for either governmental activities or business- type activities. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statement because the resources of those funds are not available to support the City's own programs. Fiduciary financial statements consist of a statement of fiduciary net assets and a statement of changes in fiduciary net assets. Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. Required Supplementary Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning various issues such as a comparison between the City's adopted and final budget and actual financial results for its General Fund and major special revenue fund. The City adopts an annual appropriated budget for its governmental funds. A budgetary comparison schedule has been provided for the General Fund and major special revenue funds to demonstrate compliance with this budget. Required supplementary information is also presented for the City's pension plan including a schedule of funding progress and schedule of employer contributions. 6 - - - - City of Aventura, Florida -- Management's Discussion and Analysis (Unaudited) - - - Combining and Individual Fund Statements and Schedules - Combining statements referred to earlier in connection with nonmajor governmental, internal service and fiduciary funds are presented immediately following the required supplementary information. - - Government-Wide Financial Analysis - The table below presents a summary of net assets as of September 30, 2009 and 2008, derived from the government-wide Statement of Net Assets: - - Net Assets (in thousands) Governmental Business-Type Activities Activities Total 2009 2008 2009 2008 2009 2008 Current and other assets $ 43,324 $ 38,550 $ 546 $ 585 $ 43,870 $39,135 Capital assets 87,056 84,189 7,580 7,432 94,636 91,621 Total assets 130,380 122,739 8,126 8,017 138,506 130,756 Long-term liabilities 34,217 35,285 34,217 35,285 Other liabilities 3,892 4,148 16 167 3,908 4,315 Total liabilities 38,109 39,433 16 167 38,125 39,600 Net assets: Invested in capital assets, net of related debt 54,916 50,969 7,580 7,432 62,496 58,401 Restricted 1,592 1,226 1,592 1,226 Unrestricted 35,763 31,111 530 418 36,293 31,529 Total net assets $ 92,271 $ 83,306 $ 8,110 $ 7,850 $ 100,381 $91,156 - - - - - - - - - .- -- - - .- -- - - -- - - - - -- -- -- -- -- 7 -- City of Aventura, Florida Management's Discussion and Analysis (Unaudited) As noted earlier, net assets may serve over time as a useful indication of a government's financial position. At the close of the most recent fiscal year, the City's assets exceeded its liabilities by $100 million. The largest portion of the City's net assets is net assets invested in capital assets net of related debt and is 62% of total net assets. This category reflects its investment in capital assets net of any outstanding related debt used to acquire these assets. The City uses these capital assets to provide services to the citizens of the City; consequently these net assets are not available for future spending. Although the capital assets are shown net of debt, it should be noted that the resources needed to repay this debt must be provided from other sources. The next largest portion of the City's net assets is unrestricted and is 36% of total net assets. Unrestricted net assets represent resources that are available for spending. Restricted net assets represent 2% of total net assets. Restricted net assets represent resources that are subject to external restrictions on how they can be used. Capital assets and invested in capital assets increased $2.9 million and $3.9 million, respectively in the governmental activities due primarily to the construction of ten (10) additional classrooms at the Charter School, construction costs related to the Arts and Cultural Center and payment of principal on outstanding debt. Current and other assets and unrestricted net assets in the governmental activities increased by $4.8 million and $3.1 million, respectively, due to the increase in cash which primarily resulted from higher than anticipated revenues from utility service taxes and franchise fees and less than anticipated expenditures for personnel services and capital outlay. There were no significant changes in business- type activities. Over time, increases and decreases in net assets measure whether the City's financial position is improving or deteriorating. Property taxes decreased $0.7 million due to both the additional tax relief benefits provided by Amendment One as well as the reduction in the City's taxable value caused by the sagging housing market. Intergovernmental revenues decreased by $1.2 million due to the reduction in state revenue sharing and half cent sales tax revenues. Other taxes increased by $.7 million due to an increase in electric, telecommunication and water utility taxes. 8 - ,- - - City of Aventura, Florida - - Management's Discussion and Analysis (Unaudited) -- The table below presents a Summary of changes in net assets for the years ended September 30, 2009 - and 2008, as derived from the government-wide Statement of Activities: - Changes in Net Assets (in thousands) - Governmental Business-Type - Activities Activities Total - 2009 2008 2009 2008 2009 2008 Revenues: - Program revenues: - Charges for services $ 5,479 $ 4,959 $ 802 $ 882 $ 6,281 $ 5,841 - Operating grants and contributions 7,726 8,380 7,726 8,380 Capital grants and contributions 2,360 107 2,467 - General revenues: - Property taxes 15,189 15,942 15,189 15,942 ,- Other taxes 7,452 6,742 7,452 6,742 Franchise fees 3,644 4,271 3,644 4,271 - Intergovernmental revenues 3,578 4,800 3,578 4,800 - Other revenues 746 1,784 2 18 748 1,802 - Total revenues 46,174 46,878 912 900 47,085 47,778 Expenses: -- General government 6,793 6,777 6,793 6,777 -- Public safety 16,107 15,517 16,107 15,517 - Community services 12,667 13,031 12,667 13,031 Interest on long-term debt 1,642 1,674 1,642 1,674 - Storm water utility 651 670 651 670 - Total expenses 37,209 36,999 651 670 37,860 37,669 - Increase in net assets before transfers 8,965 9,879 261 230 9,225 10,109 - Transfers ,- Change in net assets 8,965 9,879 261 230 9,225 10,109 - Net assets, beginning 83,306 73,427 7,850 7,620 91,156 81,047 - Net assets, ending $ 92,271 $ 83,306 $ 8,110 $ 7,850 $ 100,381 $ 91,156 - - ,-. - - -- -- - - 9 - City of Aventura, Florida Management's Discussion and Analysis (Unaudited) Financial Analysis of the City of Aventura's Funds As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements. Governmental Funds The focus of the City's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. The General Fund is the City's chief operating fund. At end of the current fiscal year, unreserved fund balance of the General Fund was $34.2 million while the total fund balance reached $34.4 million. Much of the unreserved fund balance will be utilized in future years to fund various capital needs. As a measure of the General Fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total general fund expenditures. Unreserved fund balance represents 135% of total general fund expenditures, while total fund balance represents 135% of that same amount. The fund balance of the City's General Fund increased by $4.9 million during the current fiscal year. Key factors of this increase are as follows: . An increase in Utility tax revenue of $.7 million due to increases in the electric, telecommunication and water utility tax revenues. . An increase in Fines and forfeitures revenue of $1.5 million primarily due to the inception of the red light violation program. . Capital outlay decreased $2.6 million primarily because multiple major projects were substantially completed in fiscal year 2007/08 and less capital projects were needed in fiscal year 2008/09 in comparison to the prior fiscal year. The Charter School Fund is used to record the operations of the Aventura City of Excellence School. The School's intergovernmental revenues decreased by $0.5 million primarily due to the addition of the eighth grade with 100 new students and corresponding expenditures increased $2.3 million. Debt Service Fund 2000 Series is used to record principal retirement and did not have any significant changes from the prior year. The Arts and Cultural Fund is used to account for revenues and expenditures used to fund the construction and equipment for the Arts and Cultural Center. The net change in fund balance of $1.7 million is due to current year construction activities which were in excess of current year intergovernmental revenues received by approximately $0.6 million but was offset by transfers in of $2.2 million from the General Fund and Park Development Fund to help cover the costs of construction. Proprietary Fund The proprietary fund showed a $0.3 million increase in net assets from the prior year. Operating revenue increased by approximately $26,000 from the prior year and expenses decreased by approximately $19,000 primarily due to a decrease in cost of sales and services of $21 ,000. 10 .- .- .- City of Aventura, Florida .- Management's Discussion and Analysis (Unaudited) - .- General Fund Budgetary Highlights .- - During the year, the original budget was amended and revenues and expenditures were increased by approximately $1.7 million as follows: . approximately $1 million related to the reappropriation of remaining fiscal year 2007/08 capital monies for capital projects which were budgeted in fiscal year 2007/08 but were not complete at the end of the year and therefore were carried over to fiscal year 2008/09. . approximately $.7 million related to operational overages in various departments which were offset by additional revenue. - - .- - - During the year, revenues exceeded budgetary estimates and expenditures were less than budgetary estimates, resulting in an increase in fund balance before other financing sources and uses of approximately $20.6 million and a positive variance in the net change in fund balance of approximately $4.9 million. As explained earlier, much of the unreserved fund balance will be utilized in future years to fund various capital needs. Charges for services revenue exceeded the revised budget by $.3 million and utility service tax revenues exceeded budget by $1.1 million. Nondepartmental capital outlay was $16.5 million less than budgeted because the City budgets a reserve for future capital expenditures which accounts for the majority of the appropriated beginning fund balance. - - .- - - Capital Assets and Debt Administration - Capital Assets - .- As of September 30, 2009 and 2008, the City had $94.6 and $91.6, respectively, invested in a variety of capital assets, as reflected in the following schedule: .- .- Capital Assets (in thousands, net of depreciation) Governmental Business-Type Activities Activities Total 2009 2008 2009 2008 2009 2008 Land $ 17,102 $ 17,102 $ $ $ 17,102 $ 17,102 Buildings 29,949 28,480 29,949 28,480 Improvements other than buildings 8,857 9,336 8,857 9,336 Furniture, machinery and equipment 3,116 3,688 3,116 3,688 Infrastructure 24,535 25,344 7,580 7,432 32,115 32,776 Construction in progress 3,497 239 3,497 239 Total $ 87,056 $ 84,189 $ 7,580 $ 7,432 $ 94,636 $ 91,621 - - .- - - - - - - - - - - - - - 11 - City of Aventura, Florida Management's Discussion and Analysis (Unaudited) Major capital asset events during the year included: · Construction in progress increased by approximately $3.3 million due to construction of the Arts and Cultural Center. Additional information can be found in Note 6 - Capital Assets. Debt Administration As of year-end, the City had $32.1 million in debt outstanding compared to the $33.2 million last year, a 3% decrease. All debt is secured only by a covenant to budget and appropriate. The debt position of the City is summarized below and is more fully explained in Note 7: Bonded Debt and Notes Payable (in thousands) Governmental Business-Type Activities Activities Total 2009 $ 32,140 2008 2009 $ 33,220 $ 2008 2009 $ 32,140 2009 $ 33,220 Non-Ad Valorem bonds $ Economic Factors and Next Year's Budgets and Rates The State of Florida, by constitution, does not have a state personal income tax and therefore the State operates primarily using sales, gasoline and corporate income taxes. Local governments (cities, counties, school boards) primarily rely on property and a limited array of permitted other taxes (utility taxes, franchise fees and occupational licenses) as well as intergovernmental revenues for their governmental activities. For business-type activities and certain governmental activities (construction services and recreational programs), the user pays a related fee or charge associated with the service. The adopted operating and capital budget for fiscal year 2010 totals approximately $52.4 million, 3.4% lower (after eliminating capital) than the final operating and capital budget for fiscal year 2009. Over the past two (2) years, the City has experienced huge losses in property tax revenue. Between the economic recession that resulted in lower home values and voter-approved constitutional amendments that took effect last year, the City's taxable value has decreased from $9.609 billion to $8.063 billion. This represents a loss of 16.1 % or $2.5 million in tax revenue compared to the 2007 tax roll year. It is important to note that for next year's budget cycle the taxable values are expected to decrease again due to the continuing decline in the housing market. The City has experienced a sharp reduction in building permits and development activity. The economic recession has negatively affected many of the City's other revenue sources as well. As far as expenditures are concerned, due to privatizing and outsourcing many City services over the years, completing $110 million in capital projects since 1996 and maintaining prudent reserve funds, the City has stabilized costs and is in a better position than most to weather the current economic slowdown. Prior year's comprehensive reevaluation of service levels and budget line items which resulted in operating cost reductions also played a key role in creating the foundation and financial stability for the City to respond to lower revenues as we prepared this year's budget. 12 - - - - City of Aventura, Florida - Management's Discussion and Analysis (Unaudited) - - Requests for Information - - This financial report is designed to provide our citizens, taxpayers, customers and investors and creditors with a general overview of the City's finances and to demonstrate the City's accountability. If you should have any questions pertaining to the information presented in this report or would like additional information, please contact the Finance Director at 19200 W. Country Club Drive, Aventura, Florida 33180. - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - 13 - City of Aventura, Florida Statement of Net Assets September 30, 2009 Governmental Business-Type Activities Activities Total Assets Cash and cash equivalents $ 30,386,511 $ 357,046 $ 30,743,557 Receivables (net of allowance for uncollectibles) 533,257 533,257 Due from other governments 1,873,335 77 ,462 1,950,797 Investments 9,474,522 111,327 9,585,849 Prepaid expenses 16,504 16,504 Inventories 16,780 16,780 Bond issuance costs (net) 362,607 362,607 Net pension asset 159,390 159,390 Restricted cash, cash equivalents and investments 500,657 500,657 Capital assets: Nondepreciable 20,599,058 20,599,058 Depreciable (net of accumulated depreciation) 66,457,026 7,580,426 74,037,452 Total assets 130,379,647 8,126,261 138,505,908 Liabilities and Net Assets Liabilities Accounts payable 1,600,596 16,283 1,616,879 Accrued liabilities 1,309,021 1,309,021 Retainage payable 251,079 251,079 Due to other governments 4,377 4,377 Unearned revenues 525,964 525,964 Accrued interest payable 104,310 104,310 Due within one year: Compensated absences payable 519,221 519,221 Bonds payable 1,130,000 1,130,000 Due in more than one year: Compensated absences payable 1 ,557,664 1,557,664 Bonds payable 31,010,000 31,010,000 OPEB obligation 96,000 96,000 Total liabilities 38,108,232 16,283 38,124,515 Commitments and Contingencies Net assets: Invested in capital assets, net of related debt 54,916,084 7,580,426 62,496,510 Restricted for: Police purposes 851,531 851,531 Capital improvements 740,930 740,930 Unrestricted 35,762,870 529,552 36,292,422 Total net assets $ 92,271,415 $ 8,109,978 $ 100,381,393 See Notes to Financial Statements. 14 ~ '"0 r- o\OC"lC;;~ ~ ..r tD .... .' ......r tDen en ~~~~c<i ~~:,~~ I'-I'-..rcD.... cDc<i ~~ .....~ ...,,('1. --- '-' '0 C tG~ CI) CI) ~ I/) ~~ ~~ a:. % 'Q) .S I/) I/) ~ CI) ~c ~~ ...0 ! tit CI) c. ~~ cn~ I/)'~ ~ '.;::; .~~ ~ CO tit tit -- tDC"I1'- ~~~~ .... .... 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(j) ro '0 c (I) c tC .s '" 2 o z Q) Q) (j) City of Aventura, Florida Balance Sheet Governmental Funds September 30, 2009 Capital Debt Charter Project Service Nonmajor Total General School Arts & Cultural Fund Governmental Governmental Fund Fund Center Series 2000 Funds Funds Assets Cash and cash equivalents $ 26,719,041 $ 1,181,374 $ 1,238,613 $ 13,181 $ 1,234,302 $ 30,386,511 Restricted cash, cash equivalents and investments 500,533 124 500,657 Accounts receivable, net 478,496 5,400 49,361 533,257 Due from other funds 121,659 121,659 Due from other governments 946,054 7,314 688,682 231,285 1,873,335 Investments 8,331,003 368,353 386,200 4,110 384,856 9,474,522 Inventories 16,780 16,780 Prepaid expenditures 16,504 16,504 Total assets $ 36,629,537 $ 1,562,441 $ 2,313,495 $ 517,824 $ 1,899,928 $ 42,923,225 Liabilities and Fund Balances Liabilities: Accounts payable $ 737,788 $ 303,051 $ 491,538 $ $ 68,219 $ 1,600,596 Accrued liabilities 771,859 146,706 390,456 1,309,021 Retainage payable 145,119 105,960 251,079 Due to other governments 4,377 4,377 Deferred and unearned revenue 716,022 65,000 781,022 Due to other funds 121,659 121,659 Total liabilities 2,230,046 449,757 636,657 512,115 239,179 4,067,754 Fund balances: Reserved for: Encumbrances 181,890 202,592 864,859 1,249,341 Inventory 16,780 16,780 Prepaid expenditures 16,504 16,504 Unreserved: Designated for subsequent year expenditures in: General Fund 15,452,283 15,452,283 Special Revenue Funds 910,092 910,092 Undesignated, reported in: General Fund 18,732,034 18,732,034 Special Revenue Funds 1,529,283 1,529,283 Debt Service Funds 5,709 131,466 137,175 Capital Projects Funds 811,979 811,979 Total fund balances 34,399,491 1,112,684 1,676,838 5,709 1,660,749 38,855,471 Total liabilities and fund balances $ 36,629,537 $ 1,562,441 $ 2,313,495 $ 517,824 $ 1,899,928 $ 42,923,225 See Notes to Financial Statements. 16 .- - - - City of Aventura, Florida - - - Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets September 30, 2009 - "- - - Total fund balances - governmental funds - - Capital assets used in governmental activities are not financial resources and therefore, are not reported in the funds: The cost of capital assets is Accumulated depreciation is - - - - - Intergovernmental revenue is not available to pay for current period expenditures and, therefore, is deferred in the funds. - - Net pension asset resulting from excess contributions to pension plans is not reported in the fund financial statements. - - OPES obligation resulting from deficiency of contributions to OPES plans is not reported in the fund financial statements as it is not due and payable in the current period. - - - - Governmental funds report the effect of issuance costs when debt is first issued, whereas these amounts are deferred and amortized over the life of the debt in the government-wide financial statements bond issuance costs. - - - - Long-term liabilities are not due and payable in the current period and, therefore, are not reported in the funds: Compensated absences Sonds payable Accrued interest payable - - - - Net assets of governmental activities ~- - See Notes to Financial Statements. - - - - - 17 - $ 113,651,610 (26,595,526) (2,076,885) (32,140,000) (104,310) $ 38,855,471 87,056,084 255,058 159,390 (96,000) 362,607 (34,321,195) $ 92,271,415 City of Aventura, Florida Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds Fiscal Year Ended September 30, 2009 Major Funds Capital Debt Charter Project Service Nonmajor Total General School Arts & Cultural Fund Governmental Governmental Fund Fund Center Series 2000 Funds Funds Revenues: Ad valorem taxes $ 15,189,005 $ $ $ $ $ 15,189,005 Utility service taxes 7,451,872 7,451,872 Franchise fees 3,644,177 3,644,177 Intergovernmental 2,652,971 6,443,686 2,359,690 1,817,246 13,273,593 Licenses and permits 1,892,862 1,892,862 Charges for services 1,724,582 353,642 2,078,224 Fines and forfeitures 1,893,655 382,227 2,275,882 Impact fees 15,581 15,581 Interest income 236,370 21,454 25,231 9,125 292,180 Miscellaneous 60,472 377,949 438,421 Total revenues 34,745,966 7,196,731 2,359,690 25,231 2,224,179 46,551,797 Expenditures: Current: General government 4,639,737 4,639,737 Public safety 15,435,060 189,969 15,625,029 Community services 4,368,636 5,976,921 711,622 11,057,179 Capital outlay 1,217,443 2,395,772 2,932,852 732,676 7,278,743 Debt service: Principal retirement 270,000 810,000 1,080,000 Interest 240,912 1,367,072 1,607,984 Trustee fees and other 18,194 18,194 Total expenditures 25,660,876 8,372,693 2,932,852 510,912 3,829,533 41,306,866 Excess (deficiency) of revenues over expenditures 9,085,090 (1,175,962) (573,162) (485,681 ) (1,605,354) 5,244,931 Other financing sources (uses): Transfers in 124,000 199,664 2,250,000 490,669 2,189,918 5,254,251 Transfers out (4,336,587) (474,000) (443,664) (5,254,251) Total other financing sources (uses) (4,212,587) (274,336) 2,250,000 490,669 1,746,254 Net change in fund balances 4,872,503 (1,450,298) 1,676,838 4,988 140,900 5,244,931 Fund balances, beginning 29,526,988 2,562,982 721 1,519,849 33,610,540 Fund balances, ending $ 34,399,491 $ 1,112,684 $ 1,676,838 $ 5,709 $ 1,660,749 $ 38,855,471 See Notes to Financial Statements. 18 .- .- -- - City of Aventura, Florida - - Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities Fiscal Year Ended September 30,2009 - .- - $ 5,244,931 - -- Net change in fund balances - total governmental funds Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is depreciated over their estimated useful lives and reported as depreciation expense. This is the amount by which capitalized capital outlays exceeded depreciation in the current period: Expenditures for capital assets Less: current year's depreciation - - - - - ,~ - - In the statement of activities, the loss on the disposal of assets is reported, whereas in the governmental funds, the proceeds from the sale increase financial resources. The change in net assets differs from the change in fund balance by: Cost of the assets disposed Related accumulated depreciation Loss on disposal of capital assets Repayment of bond principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets. - - .- - - - - Some expenses reported in the statement of activities do not require the use of current financial resources, and therefore are not reported as expenditures in governmental funds: Net pension obligation(asset) OPES obligation Interest Amortization of bond issuance costs Compensated absences Revenues that were previously recognized in the statement of activities that are available in the fund financial statements. Change in net assets of governmental activities - ~ - - - - - - - - - - - 19 - $ 6,893,749 (3,617,568) (836,278) 427,251 3,276,181 (409,027) 1,080,000 274,073 (96,000) (289) (15,452) (11,616) (377,728) $ 8,965,073 City of Aventura, Florida Statement of Net Assets Proprietary Fund September 30, 2009 Stormwater Utility Fund Assets: Current assets: Cash and cash equivalents Investments Due from other governments Total current assets $ 357,046 111,327 77 ,462 545,835 Noncurrent assets: Capital assets (net of accumulated depreciation) Total assets 7,580,426 8,126,261 Liabilities: Current liabilities: Accounts payable Total liabilities 16,283 16,283 Net Assets: Invested in capital assets, net of related debt Unrestricted Total net assets 7,580,426 529,552 $ 8,109,978 See Notes to Financial Statements. 20 - - - City of Aventura, Florida - - Statement of Revenues, Expenses and Change in Net Assets Proprietary Fund Fiscal Year Ended September 30,2009 - - - Stormwater Utility Fund - - - Operating revenues: Charges for services $ 801,532 - - Operating expenses: Cost of sales and services Depreciation expense Total operating expenses Operating income 394,572 256,603 651,175 150,357 - - - - - Nonoperating revenues: Interest income Income before contributions 2,567 152,924 107,364 260,288 7,849,690 $ 8,109,978 - - - Capital contribution - grants Change in net assets - - - Net assets, beginning Net assets, ending - - See Notes to Financial Statements. ,- - - - - - - - - - - - - - 21 - ,-. City of Aventura, Florida Statement of Cash Flows Proprietary Fund Fiscal Year Ended September 30,2009 Cash Flows From Operating Activities Cash received from customers, users and other Cash paid to suppliers Net cash provided by operating activities Cash Flows From Capital and Related Financing Activities Capital grants and contributions Purchase of capital assets Net cash (used) by capital and related financing activities Cash Flows Provided By Investing Activities Purchase of investments Interest received Net cash (used) by investing activities Net decrease in cash and cash equivalents Cash and cash equivalents, beginning Cash and cash equivalents, ending Reconciliation of Operating Income to Net Cash Provided By Operating Activities Operating income Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation expense Changes in assets and liabilities: Decrease in due from other governments Decrease in accounts payable Total adjustments Net cash provided by operating activities See Notes to Financial Statements. 22 $ 844,867 (545,411) 299,456 107,364 (405,259) (297,895) (111,327) 2,567 (108,760) (107,199) $ 464,245 357,046 $ 150,357 256,603 $ 43,335 (150,839) 149,099 299,456 ..- ..- ..- ..- City of Aventura, Florida -- -- - Statement of Fiduciary Net Assets Police Officers' Retirement Plan Fund September 30, 2009 - -- -- - Assets: Investments Due from other governments Accrued interest Total assets $ 10,058,218 265,314 34,973 10,358,505 - -- ..- -- -- Liabilities: Accrued expenses Net assets held in trust for pension benefits -- $ 10,358,505 -- See Notes to Financial Statements. -- -- -- ,- - -- -- - - - -- - - - .- - -- -- - -- - -- - 23 -- -- City of Aventura, Florida Statement of Changes in Fiduciary Net Assets Police Officers' Retirement Plan Fund Year Ended September 30, 2009 Additions: Contributions: Employer Employees State of Florida, premium tax Total contributions $ 1,208,578 437,949 265,314 1,911,841 Investment earnings: Net appreciation in fair value of investments Interest income Total investment income Less investment expense Net investment income Total additions 721,914 232,768 954,682 (74,659) 880,023 2,791 ,864 Deductions: Administrative expenses Benefits paid Total deductions Change in net assets 29,040 100,875 129,915 2,661,949 Net assets held in trust for pension benefits, beginning Net assets held in trust for pension benefits, ending 7,696,556 $ 10,358,505 See Notes to Financial Statements. 24 - - - - City of Aventura, Florida - Notes to Financial Statements ,- - - Note 1. Summary of Significant Accounting Policies The City of Aventura, Florida (the "City") was incorporated on November 7, 1995, under the provisions of Chapter 63-1675 Laws of Florida. The City operates under a commission-manager form of government and provides the following full range of municipal services as authorized by its charter: public safety, highways and streets, building, licensing and code compliance, culture and recreation, public works and stormwater management, public records. and general administrative services. - - - - - - The Comprehensive Annual Financial Report (the "CAFR") of the City includes all funds. The financial statements of the City have been prepared to conform with accounting principles generally accepted in the United States of America ("GAAP") as applicable to state and local governments. The Governmental Accounting Standards Board ("GASB") is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. - - - Significant accounting and reporting policies and practices used by the City are described below: - A. Financial Reporting Entity - - Accounting principles generally accepted in the United States of America require that the reporting entity include: (1) the primary government, (2) organizations for which the primary government is financially accountable and (3) other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. The criteria provided in Section 2100 of the Codification of Government Accounting and Financial Reporting Standards have been considered and there are no agencies or entities which should be presented with the City. - .- - - - B. Government-Wide and Fund Financial Statements - The basic financial statements include both government-wide (based on the City as a whole) and fund financial statements. - - The government-wide financial statements (i.e., the statement of net assets and the statement of activities) report information on all activities of the City. For the most part, the effect of interfund services provided and used has been eliminated from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for services. ,- - - - The government-wide statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those expenses that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use or directly benefit from goods, services or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operation or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. - - .- - - - The net cost (by function) is normally covered by general revenue (i.e., property taxes, sales taxes, franchise taxes, nonspecific intergovernmental revenues, interest income, etc.). - .- - 25 - City of Aventura, Florida Notes to Financial Statements Note 1. Summary of Significant Accounting Policies (Continued) Separate fund financial statements are provided for governmental funds, proprietary funds and fiduciary funds, even though the latter are excluded from the government-wide financial statements. The focus of fund financial statements is on major funds. Major individual governmental funds and the major individual enterprise fund are reported as separate columns in the fund financial statements. GASB Statement No. 34 sets forth minimum criteria (percentage of assets, liabilities, revenues or expenditures/expenses of either fund category for the governmental and enterprise combined or funds that management deems of public importance) for the determination of major funds. The nonmajor funds are combined and presented in a single column in the fund financial statements. The government-wide focus is more on the sustainability of the City as an entity and the change in aggregate financial position resulting from the activities of the fiscal period. The focus of the fund financial statements is on the major individual funds of the governmental and business-type categories, (by category). Each presentation provides valuable information that can be analyzed and compared to enhance the usefulness of the information. C. Measurement Focus, Basis of Accounting and Basis of Presentation Basis of accounting refers to when revenues, expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year when an enforceable lien exists and when levied for. Grants and similar items are recognized as revenues as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences, pension, other post- employment benefits and claims and judgments, are recorded only when due. Property taxes when levied for, franchise fees, utility taxes, charges for services, intergovernmental revenues when eligibility requirements are met and interest associated with the current fiscal period are all considered to be measurable and have been recognized as revenues of the current fiscal period, if available. All other revenue items such as fines and forfeitures and licenses and permits are considered to be measurable and available when cash is received by the City. 26 - - - City of Aventura, Florida - Notes to Financial Statements - - - Note 1. Summary of Significant Accounting Policies (Continued) Proprietary fund-type operating statements present increases (e.g., revenues) and decreases (e.g., expenses) in net total assets. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally' result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the proprietary fund are charges to customers for sales and services. Operating expenses for proprietary funds include the costs of sales and services, administrative expenses and depreciation on capital assets. All revenues and expenses that do not meet this definition are reported as nonoperating revenues or expenses. - - - - - - - The City reports the following major governmental funds: - General Fund - This fund is the principal operating fund of the City. All general tax revenues and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. - - Charter School Fund - This fund is used to account for revenues and expenditures from the operations of the Aventura City of Excellence School, a special revenue fund of the City. - - Arts & Cultural Center Construction Fund - This fund is used to account for revenues and expenditures used to fund the construction and equipment for the Arts and Cultural Center. - - Debt Service Fund Series 2000 - is used to account for the payment of principal, interest and other expenditures associated with the Series 2000 Revenue Bonds. - - The City reports the following major proprietary fund: - Stormwater Utilitv Fund - This fund accounts for the operation of the City's stormwater system. - Additionally, the government reports the following fiduciary fund type: - - Police Officers' Retirement Plan Fund - This fund accounts for the activities of the Police Officers' Retirement Plan that accumulates resources for pension benefits to qualifying police officers. - - The private-sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in both the government-wide and proprietary fund financial statements to the extent that those standards do not conflict with or contradict guidance of the GASB. Governments also have the option of following subsequent private-sector guidance for their business-type and enterprise funds, subject to the same limitation. The government has elected not to follow subsequent private-sector guidance. - - - - As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services or privileges provided and fines and forfeitures, 2) operating grants and contributions and 3) capital grants and contributions. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. - - - - - - 27 - City of Aventura, Florida Notes to Financial Statements Note 1. Summary of Significant Accounting Policies (Continued) When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, and then unrestricted resources as they are needed. 1. Cash, cash equivalents and investments - Cash and cash equivalents, which consist of cash and short-term investments with original maturities of three (3) months or less when purchased, include cash on hand, demand deposits and investments with the Florida State Board of Administration ("SBA") a Local Government Surplus Funds Trust Fund Investment Pool ("Pool"). The City maintains a pooled cash account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash equivalents represents the amount owned by each City fund. Resources of all funds, with the exception of the pension fund, are also combined into investment pools for the purpose of maximizing investment yields. Interest earned on pooled cash and investments is allocated monthly based on cash balances of the respective funds. The City's investments are reported at their fair value based on quoted market prices as reported by recognized security exchanges except for the Guaranteed Investment Contract which is recorded at cost The pension plan's investments in common stocks, corporate bonds and government securities are reported at fair value based on quoted market price. Investments in money market funds are valued at cost 2. Receivables and payables - Transactions between funds that are representative of an outstanding lending/borrowing arrangement at the end of the year are referred to as either "interfund receivables/payables." Any residual outstanding balances between the governmental activities and business-type activities at year-end are reported in the government-wide financial statements as internal balances. 3. Prepaid expenses/expenditures - Certain payments to vendors reflect costs applicable to a future accounting period and are recorded as prepaid items in both government-wide and fund financial statements. 4. Inventories - Inventories are valued at the lower of cost (last-in, first-out) or market These amounts are reserved in governmental fund financial statements. Inventory is accounted for using the consumption method whereby inventories are recorded as expenditures when they are used. 28 "'... .- - - City of Aventura, Florida - - Notes to Financial Statements - - Note 1. 5. Summary of Significant Accounting Policies (Continued) Capital assets - Capital assets purchased or acquired with an original cost of $5,000 or more are reported at historical cost or estimated historical cost. Contributed assets are reported at fair value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized. Other costs incurred for repairs and maintenance are expensed as incurred. Depreciation on all assets is provided on the straight-line basis over the following estimated useful lives: - - - - - - Buildings Improvements other than buildings Infrastructure Furniture, machinery and equipment Years 25 20 - 30 20 - 40 3-20 - .- .- - - - Within governmental funds, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported within the governmental fund financial statements. - - 6. Unearned I deferred revenues - Unearned revenues at the government-wide level, governmental funds and proprietary funds are reported when the City receives resources before it has earned the revenues. Furthermore, governmental funds report deferred revenue in connection with receivables for revenues that are not considered to be available to liquidate liabilities of the current period. - - - - 7. Compensated absences pavable - The City's sick leave policy permits employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 10-50% based on length of service. - - The City's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. - ,- Accumulated compensated absences are recorded in the government-wide and proprietary fund financial statements when earned. Expenditures for accumulated compensated absences have been recorded in the governmental funds only if they have matured, (e.g., resulting from employee resignations and retirements). Payments are generally paid out of the General Fund. - - - - - - - - - - - 29 - City of Aventura, Florida Notes to Financial Statements Note 1. Summary of Significant Accounting Policies (Continued) 8. Lonq-term obliqations - In the government-wide financial statements and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities or proprietary fund type statement of net assets. Bond premiums, discounts and issue costs are deferred and amortized over the life of the bonds. Bonds payable are reported net of the applicable premiums and discounts. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issue costs in the year of issuance. Bond proceeds at face value and premiums are reported as other financing source. Bond discounts are reported as other financing use. Issue costs, even if withheld from the actual net proceeds received, and bond principal payments are reported as debt service expenditures. 9. Equitv classifications Government-Wide and Proprietary Fund Statements: Equity is classified as net assets and displayed in three components: a. Invested in capital assets, net of related debt - consists of capital assets, net of accumulated depreciation and reduced by the outstanding balances of any bonds, notes or other borrowings that are attributable to the acquisition, construction or improvements of those assets. b. Restricted net assets - consists of net assets with constraints placed on the use either by: 1) external groups such as creditors, grantors, contributors or laws or regulations of other governments, or 2) law through constitutional provisions or enabling legislation. c. Unrestricted net assets - all other net assets that do not meet the definition of "restricted" or "invested in capital assets, net of related debt." Fund Statements: In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of fund balance represent tentative management plans that are subject to change. 10. Encumbrances - Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed in the governmental funds. Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year-end represent the estimated amount of expenditures which would result if unperformed purchase orders and other commitments at year-end are completed. Appropriations lapse at year-end; however, the City generally intends to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year-end are reported as reservations of fund balance since they do not constitute expenditures or liabilities of the current period. 30 - - ,- - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - ,- City of Aventura, Florida Notes to Financial Statements Note 1. 11. Summary of Significant Accounting Policies (Continued) Use of estimates - The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Note 2. Property Taxes Property taxes are assessed as of January 1 each year and are first billed (levied) and due the following November 1. Under Florida law, the assessment of all properties and the collection of all county, municipal, school board and special district property taxes are consolidated in the Offices of the County Property Appraiser and County Tax Collector. The laws for the State regulating tax assessments are also designed to assure a consistent property valuation method statewide. State statutes permit municipalities to levy property taxes at a rate of up to 10 mills ($10 per $1,000 of assessed taxable valuation). The millage rate assessed by the City for the year ended September 30, 2009 was 1.7261 mills. The City's tax levy is established by the City Commission prior to October 1 of each year, and the County Property Appraiser incorporates the millage into the total tax levy, which includes Miami-Dade County, Miami-Dade County School Board and certain other special taxing districts. All property is reassessed according to its fair market value as of January 1 each year. Each assessment roll is submitted to the Executive Director of the State Department of Revenue for review to determine if the rolls meet all of the appropriate requirements of State Statutes. All real and tangible personal property taxes are due and payable on November 1 each year or as soon as practicable thereafter as the assessment roll is certified by the County Property Appraiser. Miami- Dade County mails each property owner on the assessment roll a notice of the taxes due and collects the taxes for the City. Taxes may be paid upon receipt of the notice from Miami-Dade County, with discounts at the rate of 4% if paid in the month of November, 3% if paid in the month of December, 2% if paid in the month of January and 1 % if paid in the month of February. Taxes paid during the month of March are without discount, and all unpaid taxes on real and tangible personal property become delinquent and liens are placed on April 1 of the year following the year in which the taxes were assessed. Procedures for the collection of delinquent taxes by Miami-Dade County are provided for in the laws of Florida. There were no material delinquent property taxes as of September 30, 2009. Note 3. Deposits and Investments Deposits: The City's custodial credit risk policy is in accordance with Florida Statutes. Florida Statutes authorize the deposit of City funds in demand deposits or time deposits of financial institutions approved by the State Treasurer. These are defined as public deposits. All City public deposits are held in qualified public depositories pursuant to Chapter 280, Florida Statutes, "Florida Security for Public Deposits Act." Under the act, all qualified public depositories are required to pledge eligible collateral having a market value equal to or greater than the average daily or monthly balance of all public deposits times the depository's collateral pledging level. The collateral pledging level may range from 50% to 125% depending upon the depository's financial condition and the length of time that the depository has been established. All collateral must be deposited with the State Treasurer. Any losses to public depositors resulting from insolvency are covered by applicable deposit insurance, sale of securities pledged as collateral and, if necessary, assessment against other qualified public depositories of the same type as the depository in default. The City's bank balances were insured either by the federal depository insurance or collateralized in the bank's participation in the Florida Security for Public Deposits Act. 31 City of Aventura, Florida Notes to Financial Statements Note 3. Deposits and Investments (Continued) The Florida SBA Pool is not a registrant with the Securities and Exchange Commission ("SEC"); however, its board has adopted operating procedures consistent with the requirements for a 2a-7 fund. The SBA investments are allocated among two funds, Fund A and Fund B (hereinafter referred to as "LGIP-A" and "LGIP-B"). For LGIP-A, a 2a7-like pool, the value of the City's position is the same as the value of the pool shares and is recorded at amortized cost. At September 30, 2009, the City's investment in LGIP-A was that of $21,998,302. In accordance with these requirements, the method used to determine the participants' shares sold and redeemed is the amortized cost method. The amortized cost method is the same method used to report investments. Amortized cost includes accrued income and is a method of calculating an investment's value by adjusting its acquisition cost for the amortization of discount or premium over the period from purchase to maturity. Thus, the City's account balance in the SBA is its amortized cost. LGIP-B is accounted for as a fluctuating NAV pool. The balance of the City's investment in LGIP-B at year end amounted to $172,894, with a net asset value factor of 0.54915069. The SBA is governed by Chapter 19-7 of the Florida Administrative Code. These rules provide guidance and establish the general operating procedures for the administration of the SBA. Additionally, the Office of the Auditor General of the State of Florida performs the operational audit of the activities and investment of the SBA. The SBA accounts are not subject to custodial credit risk as these investments are not evidenced by securities that exist in physical or bank entry form. Investments: On June 2, 2009 the City adopted Chapter 6.6 of the Administrative Policy and Directives and Procedures Manual, entitled "Investments Objective and Parameters," as the City's Investment Policy for the management of Public Funds ("the policy"). The policy was created in accordance with Section 218.415, Florida Statutes. The policy applies to all investments held and controlled by the City, with the exception of the Police Officers' Pension Plan and its debt issuance where there are other existing policies or indentures in effect for the investment of related funds. The City's policy for investments other than pension plan investments is summarized below. The Finance Director has responsibility for the type of investments the City makes. The investment policy establishes permitted investments, asset allocation, issuer limits, credit rating requirements and maturity limits to protect the City's assets. All investment securities are held by a Trust custodian, and are managed by financial advisors. The City's policy allows them to invest, but is not limited to the following: (1) obligations of the United States and its agencies; (2) highly rated obligations of any state of the United States or of any political subdivision, authority or agency thereof; (3) shares or other interests in custodial arrangements or pools maintaining constant net asset values and in highly rated no-load open-end money market mutual funds (with constant or fluctuating net asset values) whose portfolios are limited to obligations of the United States and its agencies, and repurchase agreements fully collateralized by such obligations; and (4) commercial paper with a rating of at least "Prime-1" by Moody's and "A-1" by Standards & Poor's. The City policy for pension investments is under the oversight of the Plan's Board of Trustees (the "Board"). The Board contracts with an investment advisory firm and approves any new investment vehicles presented by the consultant. The Board follows all applicable state statutes. State law limits investments in corporate bonds and commercial paper to the top three (3) ratings issued by nationally- recognized statistical rating organizations. 32 - - City of Aventura, Florida ,- Notes to Financial Statements - - - Note 3. Deposits and Investments (Continued) The City has a Guaranteed Investment Contract ("GIC") that is not subject to interest rate classification because it is a direct contractual investment and is not a security. The GIC also is not rated for credit risk classification purposes. The GIC provides for a guaranteed return on investments over a specific period of time at a rate of 5.04% per annum. The value of the GIC as of September 30, 2009 is $525,944 and the value of the GIC is expected to be sufficient to meet the reserve fund requirement for the Series 2000A Revenue Note of a minimum of $500,000. The GIC is recorded at the contract amount which is $500,657. - - - - .- - Interest rate risk - The City does not have a formal investment policy for its pension funds that limits investment maturities as a means of managing its exposure to fair value losses arising from increasing interest rates. The City's policy is to limit its exposure to fair value losses arising from changes in interest rates by structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and investing operating funds primarily in shorter-term securities, money market mutual funds or similar investment pools. .- - - - - Concentrations - The City's policy is to maintain a diversified portfolio to minimize the risk of loss resulting from over concentration of assets in a specific issuer. Specific limits have been established which limit the percentage of portfolio assets that can be invested with a specific issuer. The pension fund limits investments that may be invested in anyone issuer to no more than 5% of plan net assets, other than those issued by the U.S. Government or its Agencies. More than 5% of the Fund's plan net assets are invested in debt securities issued by the United States Treasury and the Federal National Mortgage Association. The United States Treasury investment represented 8.74% of Plan Net Assets and the Federal National Mortgage Association Investment represented 6.06% of Plan Net Assets, respectively. - .- - .- - - Custodial credit risk - For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty (e.g., broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The City's investment policy requires securities, with the exception of certificates of deposit, to be registered in the City's name and held with a third party custodian. - - .- .,.../fIIIa.. - - .- - - - - .- .- - - - 33 .- - City of Aventura, Florida Notes to Financial Statements Note 3. Deposits and Investments (Continued) As of September 30, 2009, the City's cash and investments consisted of the following: Cash and cash equivalents and investments Deposits with financial institutions SBA Guaranteed investment contract U.S. Government obligations Mortgage-backed securities Collateralized mortgage obligations Corporate bonds Money market funds Petty cash Fiduciary Fund investments: Common stocks U.S. Government securities Corporate bonds Money market funds Total fiduciary fund investments Total cash, cash equivalents and investments Cash and investments are classified in the accompanying financial statements as follows: Statement of Net Assets: Cash and cash equivalents Investments Restricted cash, cash equivalents and investments Statement of Fiduciary Net Assets: Common stocks U.S. Government securities Corporate bonds Money market funds Total fiduciary fund investments Total cash and investments 34 $ 8,145,423 22,171,196 500,657 8,706,570 322,755 150,000 406,523 424,784 2,155 40,830,063 6,284,819 1,503,984 1,737,879 531,536 10,058,218 $ 50,888,281 $ 30,743,557 9,585,849 500,657 40,830,063 6,284,819 1,503,984 1,737,879 531,536 10,058,218 $ 50,888,281 -- -- - City of Aventura, Florida -- Notes to Financial Statements -- -- -- Note 3. Deposits and Investments (Continued) Interest rate risk - This is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. Information about the exposure of the entity's debt-type investments to this risk using the segmented time distribution model is as follows: - -- -- -- Investment Maturities (in Years) Greater Summary of Investments Fair Less Than 1-5 6 -10 Than and Interest Rate Risk Value 1 Year Years Years 10 Years City Investments U.S. Government securities $ 8,706,570 $ 1,339,235 $ 7,367,335 $ $ Mortgage-backed securities 322,755 101,198 221,557 Collateralized mortgage obligations 150,000 150,000 Money market funds 424,784 424,784 Corporate bonds 406,523 406,523 SBA 22,171,196 22,171,196 Fiduciary Funds U.S. Treasuries 888,098 211,583 435,694 240,821 U.S. Agencies 615,886 203,219 276,222 136,445 Corporate bonds 1,737,879 210,433 1,130,163 397,283 Money market funds 531,536 531 ,536 $ 35,955,227 $ 25,193,184 $ 9,987,494 $ 774,549 $ -- -- -- -- -- -- - -- - - -- -- -- - - -- -- - "... - -- -- "... - - -- - - "... 35 -- City of Aventura, Florida Notes to Financial Statements Note 3. Deposits and Investments (Continued) Credit Risk - Generally, credit risk is the risk that an issuer of a debt-type investment will not fulfill its obligation to the holder of the investment. This is measured by assignment of a rating by a nationally- recognized rating organization. U.S. government securities or obligations explicitly guaranteed by the U.S. government are not considered to have credit risk exposure. Investments in the SBA Pool, mortgage-back securities, collateralized mortgage obligations and the money market funds are not rated. The City's' and pension funds corporate bonds were rated by Moody's Investors Services as follows: Rating City Investments Aaa Fair Value $ 406,523 Fiduciary Funds A1/A A1/A+ A2/A A2/A+ AA2/AA- AA2AA+ AA3/A+ AA3/AA- 249,698 263,905 603,222 73,640 207,201 83,047 84,428 172.738 $ 1,737,879 Note 4. Receivables Receivables as of September 30,2009 consist of the following: Charter Nonmajor General School Governmental Governmental activities Fund Fund Funds Total Utility service taxes $ 368,514 $ $ $ 368,514 Police services 77,662 49,361 127,023 Vendors 2,630 5,400 8,030 Franchise fees 29,690 29,690 Total governmental activities $ 478,496 $ 5,400 $ 49,361 $ 533,257 36 - - - - City of Aventura, Florida - Notes to Financial Statements - - - Note 5. Interfund Balances and Transfers - Interfund receivables and payables as of September 30, 2009 were as follows: - General Fund Debt Service Fund Series 2000 Receivables $ 121,659 Payables - - $ - $ 121,659 121,659 $ 121,659 - - These balances resulted from the time lag between the dates interfund goods and services are provided or reimbursable expenditures occur. .- - Interfund transfers during the year ended September 30, 2009 were as follows: - Transfers In Transfers Out General Fund $ 124,000 $ 4,336,587 Charter School Fund 199,664 474,000 Capital Project Arts & Cultural Center Fund 2,250,000 Debt Service Fund Series 2000 490,669 Other non major governmental funds 2,189,918 443,664 $ 5,254,251 $ 5,254,251 - .- ,- .- - - .- - Transfers are used to: (1) move revenues from the fund that statute or budget requires to collect them, to the fund that statute or budget requires to expend them from or (2) use unrestricted revenues collected in the General Fund to finance various programs accounted for in other funds in accordance with budgetary authorizations. Transfers to the General Fund represent reimbursement of cost from the Charter School Fund of $30,000 and $94,000 from the 911 Fund. The transfer to the Charter School Fund consist of $99,664 unrestricted residual balances from the Charter School Capital Projects funds and $100,000 from the General Fund which are being used to support future capital projects occurring in the Charter School Special Revenue Fund. Transfers to the Arts & Cultural Center Fund are comprised of the following; transfer from the General Fund of $2,000,000 and $250,000 from the Park Development Fund. The remaining transfers represent transfers to meet debt service requirements in the Debt Service Funds. - - - - - -- - - - .- - .- .- - - 37 ,- - City of Aventura, Florida Notes to Financial Statements Note 6. Capital Assets Capital assets activity for the year ended September 30, 2009 was as follows: Balance Balance October 1, Retirements September 30, 2008 Additions and transfers 2009 Governmental Activities: Capital assets, not being depreciated: Land $ 17,102,344 $ $ $ 17,102,344 Construction in progress 239,245 3,257,469 3,496,714 Total capital assets, not being depreciated 17,341,589 3,257,469 20,599,058 Capital assets, being depreciated: Buildings 34,032,591 2,222,780 159,314 36,414,685 Improvements other than buildings 10,966,944 73,009 (223,969) 10,815,984 Infrastructure 34,015,887 739,569 (237,052) 34,518,404 Furniture, machinery and equipment 11,237,128 600,922 (534,571 ) 11,303,479 Total capital assets, being depreciated 90,252,550 3,636,280 (836,278) 93,052,552 Less accumulated depreciation for: Buildings 5,552,809 918,431 (5,314) 6,465,926 Improvement other than buildings 1,631,434 407,668 (80,536) 1,958,566 Infrastructure 8,671,469 1,255,190 56,595 9,983,254 Furniture, machinery and equipment 7,549,497 1,036,279 (397,996) 8,187,780 Total accumulated depreciation 23,405,209 3,617,568 (427,251) 26,595,526 Total capital assets, being depreciated, net 66,847,341 18,712 (409,027) 66,457,026 Governmental activities capital assets, net $ 84,188,930 $ 3,276,181 $ (409,027) $ 87,056,084 Business- Type Activities: Construction in progress $ $ 322,092 $ $ 322,092 Capital assets, being depreciated: Infrastructure 8,838,134 83,167 8,921,301 Less accumulated depreciation 1,406,364 256,603 1,662,967 Business-type activities capital assets, net $ 7,431,770 $ 148,656 $ $ 7,580,426 38 - - - - City of Aventura, Florida - - Notes to Financial Statements - - Note 6. Capital Assets (Continued) Depreciation expense was charged to function/programs of the primary government as follows: - - - Governmental activities: General government Public safety Community services Total depreciation expense - governmental activities $ 1,927.435 519,765 1,170,368 $ 3,617,568 - - - - Business-type activities: Stormwater utility $ 256,603 - - - - Note 7. Long-Term Liabilities of Governmental Activities Changes in Governmental Activities long-term liabilities during the year ended September 30, 2009 were as follows: Balance Balance October 1, September 30, Due Within 2008 Additions Retirements 2009 One Year Series 1999 Revenue Bonds payable $17,290,000 $ $ 495,000 $16,795,000 $ 515,000 Series 2000 Revenue Bonds payable 4,780,000 270,000 4,510,000 285,000 Series 2002 Revenue Bonds payable 11,150,000 315,000 10,835,000 330,000 Compensated absences payable 2,065,269 1,027,178 1,015,562 2,076,885 519,221 Other Post Employment benefits 96,000 96,000 $ 35,285,269 $1,123,178 $ 2,095,562 $ 34,312,885 $ 1,649,221 - - - - - - - - - - - - - - - - - - - - - - 39 - City of Aventura, Florida Notes to Financial Statements Note 7. Long-Term Liabilities of Governmental Activities (Continued) Revenue bonds as of September 30, 2009 were comprised of the following: Series 1999 Revenue Bonds issued from the Florida Municipal Loan Council, Inc. Principal is due annually over 30 years in various amounts through April 2029. The bonds bear interest at various rates (3.20% - 5.125%) and are payable semi- annually on October 1 and April 1 of each year. The bonds are collaterized by available Non-Ad Valorem revenues. $ 16,795,000 Series 2000 Revenue Bonds, principal is due annually over 20 years in various amounts through October 2020. The bonds bear interest at 5.05% and are payable semi- annually on October 1 and April 1 of each year. The bonds are collaterized by available Non-Ad Valorem revenues. 4,510,000 Series 2002 Revenue Bonds issued from the Florida Intergovernmental Finance Commission. Principal is due annually over 30 years in various amounts through August 2032. The bonds bear interest at various rates (2.50% - 5.00%) and are payable semi-annually on February 1 and August 1 of each year. The bonds are collaterized by available Non-Ad Valorem revenues. 10,835,000 $ 32,140,000 Compensated absences attributable to governmental activities are generally liquidated by the General Fund. The City previously issued $6,555,000 in Series 2000 Revenue Bonds to finance the acquisition of land for parks and recreational purposes and for the construction of a community recreation center. The bond indenture relating to this issue requires that a reserve fund of $500,000 be established, the balance of which as of September 30, 2009 was sufficient to meet this requirement. The indenture also requires the maintenance of a minimum debt service coverage ratio of 2.50: 1.00. The City also previously entered into a bond indenture agreement with the Florida Intergovernmental Finance Commission through an interlocal governmental agreement. As a result, the City issued $12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of land and construction of a charter school as well as the construction of the community recreation center. The bond indenture relating to this issue requires a reserve fund in the amount of $842,000. The City purchased a surety bond to meet this requirement. 40 - -- - - City of Aventura, Florida .- - Notes to Financial Statements - - Note 7. Long-Term Liabilities of Governmental Activities (Continued) The annual debt service requirements to maturity for the revenue bonds are as follows: - - Year Ending September 30, Principal Interest Total 2010 $ 1,130,000 $ 1,565,698 $ 2,695,698 2011 1,175,000 1,516,811 2,691,811 2012 1,230,000 1,464,864 2,694,864 2013 1,280,000 1,410,294 2,690,294 2014 1,340,000 1,352,731 2,692,731 2015-2019 7,565,000 5,726,393 13,291,393 2020-2024 7,725,000 3,766,545 11,491,545 2025-2029 .8,635,000 1,852,250 10,487,250 2030-2032 2,060,000 209,250 2,269,250 $ 32,140,000 $ 18,864,836 $ 51,004,836 - - - - - - - - - - - - Note 8. Commitments and Contingencies LitiQation: Various claims and lawsuits, which arise in the normal course of operations, are pending against the City. It is management's opinion, based on the advice of the City Attorney, that the outcome of these actions will not have a material adverse effect on the financial statements of the City. Management also believes that the litigation against the City will be covered by insurance. .- - - - - The City is involved in a litigation matter involving its red light camera program and has sufficient unrestricted funds to satisfy the City's potential liability which is estimated to be between $0 and $1,156,000. - - Government qrants: Revenue recognized from grants may be subject to audit by the grantor agencies. In the opinion of City management, as a result of such audits, disallowances of grant revenues, if any, would not have a material adverse effect on the City's financial condition. - - Employment aqreement: The City has an employment contract with its City Manager that provides for an annual salary, adjusted for cost-of-living increases and certain benefits. This agreement is effective for an indefinite term subject to termination of the City Manager by the City Commission in accordance with Article III, Section 3.08 of the City Charter. The City Manager must provide two (2) months advance written notice to resign voluntarily. - - - - Charter school aQreements: The City has a contract with the School Board of Miami-Dade County, Florida that provides for Aventura City of Excellence School to provide the residents of the City of Aventura an education choice for up to 900 elementary and middle school students. The contract ends on June 30,2018 but provides for a renewal of up to 15 years by mutual agreement of both parties. The City has entered into an agreement with Charter School USA, Inc. ("CSUSA") to provide administrative and educational services for the City's charter school. The agreement terminates on June 30,2013. - - - - - - 41 -- City of Aventura, Florida Notes to Financial Statements Note 8. Commitments and Contingencies (continued) Other aqreements: The City has entered into nonexclusive agreements with several engineering consulting firms (the "Consultants") to provide building inspections and plan review services. Pursuant to the agreements, the Consultants receive 70% of the gross building permit fee revenues for the first $100,000 in fees in a month and 65% of the amount in excess of $100,000 per month. Construction commitments: The City is a party to several construction contracts for City infrastructure improvements. The amount remaining on these uncompleted contracts as of September 30, 2009 was approximately $4,729,000. Pension fundinQ: There have been significant negative economic developments surrounding the overall market liquidity, credit availability and market collateral levels which have resulted in declines in the value of the investment securities held by the Police Officers Retirement Plan. Consequently, the City's required contribution amount to the Plan, which is necessary to maintain the actuarial soundness and to provide the level of assets sufficient to meet participant benefits, could significantly increase in future periods. It is management's opinion that future contributions to the Plan will not have a material adverse effect on the City's financial position. Note 9. Risk Management The City is exposed to various risks of loss related to torts, thefts of, damage to and destruction of assets, errors and omissions, employee health, workers' compensation and natural disasters for which the City carries commercial insurance. Settlement amounts have not exceeded insurance coverage for any of the past three (3) fiscal years. In addition, there were no reductions in insurance coverage from those in the prior year. Note 10. Other Post Employment Benefits For the fiscal year ended September 30, 2009 the City implemented Governmental Accounting Standards Board Statement No. 45, Accounting and reporting by Employers for Postemployment Benefits Other Than Pension (OPEB), for certain postemployment health care benefits provided by the City. As of October 1, 2008, the latest actuarial valuation, health care and dental plan participants consisted of: Active plan participants Retiree plan participants and spouses 185 3 188 Plan Description: Pursuant to Section 112.0801, Florida Statutes, the City is required to permit participation in the health insurance program by retirees and their eligible dependents at a cost to the retiree that is no greater than the cost at which coverage is available for active employees. Other than certain department directors, retirees must pay a monthly premium as determined by the insurance carrier. Pursuant to Resolution 2006-64, department directors who retire at age 55 or later with at least 10 years of service are not required to pay a premium for medical or dental coverage for themselves prior to age 65. Retirees pay 100% of the blended equivalent premium rates. The blended rates provide an implicit subsidy for retirees because, on an actuarial basis, their current and future claims are expected to result in higher costs to the plan on average than those of active employees. 42 .- - - City of Aventura, Florida - Notes to Financial Statements - - - Note 10. Other Post Employment Benefits (continued) Fundinq Policv: The City is funding the post employment benefits on a pay-as-you-go basis. For the fiscal year ended September 30,2009, the annual required contribution was $143,000. The City made an implied contribution of $46,000 towards this amount. Retirees contributed $20,670 towards the cost of these benefits, for the fiscal year ended September 30,2009. At September 30,2009 the City recorded a net OPEB obligation of $96,000 for governmental activities, in its government-wide statement of net assets. - - - .- .- - Annual OPEB Cost and Net OPEB Obliqation: The annual other postemployment benefit (OPEB) cost (expense) is calculated based on the annual required contribution (ARC), an amount actuarially determined in accordance with the parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover the normal cost each year and amortize any unfunded actuarial liability over a period not to exceed 30 years. The following table shows the components of the City's annual OPEB cost for the year, the amount actually contributed, and the changes in the net OPEB obligation. .- - - - - Annual Required Contribution (ARC) Interest on net pension obligation Adjustment to annual required contribution Annual OPEB cost Employer contributions made Interest on employer obligation Increase in net OPES obligation Net OPEB obligation, beginning of year Net OPEB obligation, end of year $ 143,000 .- .- - 143,000 (46,000) (1,000) 96,000 - .- $ 96,000 .- .- .- The City's annual OPEB cost, the percentage of annual OPES costs contributed to the plan, and the net OPEB obligation as of September 30, 2009 (first year of implementation) was as follows: - .- - September 30, 2009 OPEB Cost $ 143,000 Percentage of Annual OPES Cost Contributed 33% Net OPEB Obligation $ 96,000 - - - - - Funded Status and Fundinq Proqress: The schedule of funding progress, presented as RSI following the notes to the financial statements, presents multiyear trend information about whether the actuarial value of plan assets are increasing or decreasing over time relative to the actuarial accrued liability for benefits. An analysis of funding progress is as follows: - .- .- - - .- 43 - .- City of Aventura, Florida Notes to Financial Statements Note 10. Valuation Date Other Post Employment Benefits (continued) Unfunded Actuarial Accrued Liability (UAAL) Actuarial Value of Assets Actuarial Accrued Liability at Entry Age Funded Ratio UAAL as % of Covered Covered Payroll Payroll $ 9,175,000 8.0% 10/01/08 $ $ 735,000 $ 735,000 0.0% Methods and Assumption: Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. In the October 1, 2008 actuarial valuation, the projected unit credit cost method was used. The annual required contribution (ARC) reflects a 12-year open period, level dollar payment amortization of the unfunded actuarial accrued liability (UAAL). The actuarial assumptions included a 4.0% investment rate of return. The following assumptions were made: Eliqibilitv: For police officers, eligibility was assumed to occur at the earlier of any age with at least 35 years of service or at age 55 with at least six (6) years of service; for all other employees eligibility was assumed to occur at the earlier of any age with at least 30 years of service or at age 62 with at least six (6) years of service. Mortalitv: Sex-distinct mortality rates set forth in the RP-2000 mortality table for annuitants and non- annuitants. Disabilitv: Sex-distinct disability rates set forth in the Wyatt 1985 Disability Study; class 4 rates were used for police and class 1 rates were used for all other employees. Permanent Withdrawal from Active Status: Sex-distinct withdrawal rates set forth in Scale 155 table Investment Rate of Return: A discount rate of 4.00% per annum (includes inflation at 2.50% per annum) Healthcare Cost Trend Rate: The cost of covered medical services has been assumed to increase in accordance with the following rates, compounded annually: 2008/09 10.00% 2009/10 9.00% 2010/11 8.00% 2011/12 7.00% 2012/13 6.00% 44 - - - .- City of Aventura, Florida - - Notes to Financial Statements - - Note 10. Other Post Employment Benefits (continued) Implied Subsidy (Medical Insurance): The implied subsidy for a 62-year old retiree for the period October 1, 2008 through September 30, 2009 is assumed to be $5,400 per year for the retiree and $5,400 per year for the retiree's spouse. - - - Implied Subsidy (Dental Insurance): There is no implied subsidy for the dental insurance since we have assumed that the premium charged for the covered individuals does not increase with age. - - Aqe-Related Morbiditv: The cost of the medical services has been assumed to increase with age at the rate of 3.50% per annum. - - Retiree Contribution: Other than eligible department directors, retirees electing post-employment healthcare coverage have been assumed to make monthly contributions equal to the premium charged to active employees. Eligible department directors have been assumed to make the required contribution for health care coverage for their spouses. - - - - Cost-of-LivinQ Increase: Retiree contributions have been assumed to increase in accordance with the healthcare cost trend assumption. - - Future Participation Rates: Other than eligible department directors, 5% of eligible employees were assumed to elect coverage until age 65 upon retirement or disability; 100% of department directors who are eligible for the explicit subsidy from the City were assumed to elect coverage until age 65. - - Marriaoe & Dependant Assumption: 80% of males and 50% of females as assumed to elect coverage at retirement for themselves and their spouses, with husbands assumed to be three (3) years older than their wives; active employees were not assumed to have any dependent children upon retirement or disability. - ,.,.,.. - COBRA Assumption: Future healthcare coverage provided solely pursuant to COBRA was not included on the OPEB valuation, we assumed that COBRA premiums to be paid by the participant fully cover the cost of providing healthcare coverage during the relevant period. - - - Note 11. Defined Contribution Pension Plans The City is a single-employer that contributes to four (4) defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401 (a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 7% and an amount equal to the annual IRS maximum depending on employee classifications. City contributions for the City Manager, department directors and assistant department directors vest in the year they are contributed. City contributions to general employees vest beginning after one year of service through year five in 20% increments. Participants are not permitted to make contributions during the year. The City made plan contributions of approximately $741,000 during the year. Plan provisions and contribution requirements may be amended by the City Commission. - - - - - - - - The Plan's assets are administered by ICMA Retirement Corp. The City does not exercise any control or fiduciary responsibility over the Plan's assets. - - - - 45 - City of Aventura, Florida Notes to Financial Statements Note 12. Defined Benefit Pension Plan The City agreed to provide a defined benefit retirement plan effective October 1, 2003 through a collective bargaining contract between the City and the Miami-Dade County Police Benevolent Association City of Aventura Police Officers' Retirement Plan (the "Plan"). The Plan is a single-employer defined benefit retirement plan. The Plan was established by the City in accordance with a City ordinance and state statutes. The Plan covers only sworn police officers and is funded by a combination of City contributions, employee contributions, rollover of 401 (a) Plan assets for certain employees and the proceeds of the state insurance premium tax on casualty insurance policies. The current funding levels of covered payroll are 17.780% for the City's contribution, 6.775% for the employee's contribution and 5% for the state premiums tax. The State is required to contribute pursuant to chapter 185 of the Florida Statutes, a premium on certain casualty insurance contracts written on the City's property. The premium tax is collected by the State and remitted to the City. During the current fiscal year the City received $265,314 from the State. The Plan and employee contributions are mandatory for all sworn police officers. Contribution requirements of the Plan members and the participating employer are established and may be changed by an amendment to the City ordinance. The City utilizes the entry age normal cost method. The asset valuation method is a market value less unrecognized capital appreciation, which is recognized at a rate of 20% per year. Information as of the latest actuarial valuation, dated October 1, 2009, included no cost of living adjustments and a 3.00% annual inflation rate; an annual investment rate of return of 8.00%; projected annual salary increases of 5.00%; the amortization method is level percent, closed; and a remaining amortization period of 24 years. On October 1, 2009 (the last plan year valuation date), Plan membership consisted of: Retirees and beneficiaries receiving benefits Active plan members 4 73 77 The financial statements of the Plan are prepared using the accrual basis of accounting. Plan member contributions are recognized in the period in which the contributions are due. The City's contributions are recognized when due and a formal commitment to provide the contributions has been made. Benefits and refunds are recognized when due and payable in accordance with the terms of the Plan. The general administration, management and investment decisions of the Plan and the responsibility for carrying out its provisions is vested in the five (5) member Board of Trustees. Administrative costs of the Plan are financed through current or prior investment earnings. The City has issued stand-alone financial statements for the Plan, which may be obtained from the City's Finance Department. 46 - - - - - City of Aventura, Florida .- - Notes to Financial Statements - - Note 12. Benefits Defined Benefit Pension Plan (continued) ~ - Normal retirement may be received upon attainment of age 55 with ten (10) years of credited service or upon completion of 25 years of credited service. For the first 40 years of service, the monthly benefit received will be 3.00% of final monthly compensation multiplied by the number of years of service. to a maximum of 80.00%. Years. credited beyond 40 will be taken into account at 2.00% of final compensation per year. Early retirement may be received upon the attainment of age 45 with ten (10) years of credited service. The benefit may be received either on a deferred basis or on an immediate basis. On an immediate basis, the benefit amount will be the normal retirement benefit reduced by 3.00% per year for each year by which the retirement date precedes the normal retirement date. On a deferred basis, the benefit amount will be the same as the normal retirement benefit except that the final compensation and credited service will be based upon the early retirement date. - - - - - - - - Disability retirement - Members who become disabled due to service-incurred injuries, which arise out of performance of service with the City, will receive a monthly benefit amount equal to the member's accrued benefit but not less than 42.00% of the member's final monthly compensation as of the date of disability, offset by any other payments, such as worker's compensation. Members who become disabled due to no-service-incurred injuries, which do not arise out of performance with the City, and who have completed at least ten (10) years of service. will receive a monthly benefit amount equal to 3.00% of final monthly compensation for each year of credited service, but not less than 30.00%. .- .- - ..-. - Trend information: Trend information indicates the progress made in accumulating sufficient assets to pay benefits when due. An analysis of funding progress for the year ended September 30, 2009 is as follows: - .- - September 30, 2009 2008 2007 Actuarially Determined Contribution $ 886,124 1,049,891 994,187 Percentage of APC Contributed 130% 101% 101% Net Pension Obligation! (Asset) $ (159,390) 114,683 123,006 - - - - - - FundinQ prOQress: The schedule of funding progress, presented as RSI following the notes to the financial statements, presents multiyear trend information about whether the actuarial value of plan assets are increasing or decreasing over time relative to the actuarial accrued liability for benefits. An analysis of funding progress for the year ended September 30, 2009 is as follows: - .- - .- Unfunded Actuarial Actuarial UAAL Actuarial Accrued Accrued as % of Valuation Value Liability at Liability Funded Covered Covered Date of Assets Entry Age (UAAL) Ratio Payroll Payroll 10/01/09 $ 10,375,587 $15,136,976 $4,761,389 68.5% $ 6,084,396 78.3% 47 - - - - - - - - - - City of Aventura, Florida - Notes to Financial Statements - - - Note 12. Defined Benefit Pension Plan (Continued) The annual pension cost and net pension obligation (asset) for the Plan for year ended September 30, 2009 is as follows: - - - - Annual Required Contribution (ARC) Interest on net pension obligation Adjustment to annual required contribution Annual pension cost Contributions made Decrease in net pension obligation Net pension obligation, beginning Net pension asset, ending $ 886,124 8,310 (19,351) 875,083 1,149,156 (274,073) 114,683 $ (159,390) - - - - -. Note 13. Pronouncements Issued But Not Yet Effective The GASB has issued several statements not yet implemented by the City. The statements which might impact the City are as follows: .- - GASB Statement No. 51, Accounting and Financial Reporting for Intangible Assets issued July 10, 2007, is effective for the City beginning with its fiscal year ending September 30, 2010. This Statement provides guidance regarding how to identify, account for, and report intangible assets. GASB Statement No. 53, Accounting and Financial Reporting for Derivative Instruments, was issued in June 2008. This Statement addresses the recognition, measurement, and disclosure of information regarding derivative instruments entered into by state and local governments. The provisions of this Statement will be effective for the City beginning with its year ending September 30, 2010. - - - - - - GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definition, was issued March 2009. The objective of this Statement is to enhance the usefulness of fund balance information by providing clearer fund balance classifications that can be more consistently applied and by clarifying the existing governmental fund type definitions. This Statement establishes fund balance classifications that comprise a hierarchy based primarily on the extent to which a government is bound to observe constraints imposed upon the use of the resources reported in governmental funds. The provisions of this Statement will be effective for the City beginning with its year ending September 30, 2011. - - - - - The City's management has not yet determined the effect these unadopted standards may have on the City's financial statements. - - - .- - - 48 - City of Aventura, Florida Schedule of Revenues and Expenditures - Budget and Actual General Fund For the Year Ended September 30,2009 (Required Supplementary Information) Variance With Final Budget- Budgeted Amounts Actual Positive Original Final Amounts (Negative) Revenues: Ad Valorem taxes: Current $15,479,349 $ 15,479,349 $ 15,062,722 $ (416,627) Delinquent 25,000 25,000 126,283 101,283 Utility service taxes: Electric 3,418,000 3,418,000 3,706,940 288,940 Telecommunication 2,298,000 2,368,000 2,861,566 493,566 Water 550,000 550,000 831,390 281,390 Gas 35,000 35,000 51,976 16,976 Franchise fees: Electric 3,306,706 3,306,706 3,130,232 (176,474) Gas 50,000 50,000 67,928 17,928 Sanitation 410,000 410,000 415,924 5,924 Towing 25,000 25,000 30,093 5,093 Total taxes 25,597,055 25,667,055 26,285,054 617,999 I ntergovernmental revenues: Federal grants 202,623 202,623 State and local grants 44,600 44,600 State pension contribution 265,314 265,314 Alcoholic beverage licenses 19,000 19,000 16,745 (2,255) State revenue sharing 390,000 390,000 347,225 (42,775) Half cent sales tax 1,854,000 1,854,000 1,731,828 (122,172) County occupational licenses 45,000 45,000 44,636 (364) Total intergovernmental revenues 2,308,000 2,308,000 2,652,971 344,971 Licenses and permits: City business tax receipts 715,000 715,000 768,006 53,006 Building permits 800,000 1,000,000 997,205 (2,795) Certificates of occupancy 50,000 50,000 118,636 68,636 Engineering 35,000 35,000 9,015 (25,985) Total licenses and permits 1,600,000 1,800,000 1,892,862 92,862 Charges for services: Certificate of use fees 5,000 5,000 5,145 145 Lien search fees 25,000 25,000 47,708 22,708 Development review fees 25,000 25,000 73,270 48,270 Recreation/cultural events 585,000 585,000 823,015 238,015 Police services 771,000 771,000 775,444 4,444 Total charges for services 1,411,000 1,411,000 1,724,582 313,582 (Continued) 49 - ........ - - City of Aventura, Florida - - Schedule of Revenues and Expenditures - Budget and Actual - General Fund (Continued) - For the Year Ended September 30, 2009 - (Required Supplementary Information) Variance With - Final Budget- - Budgeted Amounts Actual Positive Original Final Amounts (Negative) . - Fines and forfeitures: - County court fees $ 274,000 $ 274,000 $ 401,368 $ 127,368 Code violation fines 65,000 480,000 1,492,287 1,012,287 - Total fines and forfeitures 339,000 754,000 1,893,655 1,139,655 - Other: - Interest income 800,000 800,000 236,370 (563,630) - Miscellaneous 75,000 75,000 60,472 (14,528) Total other 875,000 875,000 296,842 (578,158) - Total revenues 32,130,055 32,815,055 34,745,966 1,930,911 - Expenditures: - Current: - General government: - City Commission: Personnel services 59,405 59,405 62,168 (2,763) - Operating 57,038 57,038 49,081 7,957 - City Manager: Personnel services 717,967 717,967 728,892 (10,925) - Operating 170,300 170,300 129,880 40,420 - Capital outlay 4,000 4,000 2,452 1,548 Finance: - Personnel services 686,547 686,547 688,529 (1,982) - Operating 122,100 122,100 87,219 34,881 - Capital outlay 3,000 5,080 3,079 2,001 Information technology: - Personnel services 556,922 556,922 563,697 (6,775) - Operating 214,360 214,360 179,849 34,511 Capital outlay 136,000 205,074 35,926 169,148 - Legal: - Operating 280,000 315,000 308,658 6,342 City Clerk: - Personnel services 202,647 202,647 205,383 (2,736) - Operating 64,300 69,300 63,864 5,436 - Capital outlay 3,000 3,000 1,589 1,411 Total general government- - departmental 3,277 ,586 3,388,740 3,110,266 278,474 - (Continued) - - - 50 - City of Aventura, Florida Schedule of Revenues and Expenditures - Budget and Actual General Fund (Continued) For the Year Ended September 30,2009 (Required Supplementary Information) Variance With Final Budget- Budgeted Amounts Actual Positive Original Final Amounts (Negative) Nondepartmental: Operating $ 1,745,000 $ 1,745,000 $ 1,572,517 $ 172,483 Capital outlay 16,500,000 16,500,000 38,280 16,461,720 Total nondepartmental 18,245,000 18,245,000 1,610,797 16,634,203 Total general government 21,522,586 21,633,740 4,721,063 16,912,677 Public safety: Police: Personnel services 12,313,123 12,313,123 12,371,824 (58,701) Operating 1,412,500 1,412,500 1,117,234 295,266 Capital outlay 849,500 1,096,754 725,828 370,926 Community development: Personnel services 669,940 669,940 691,112 (21,172) Operating 775,800 1,355,800 1,254,890 100,910 Capital outlay 48,300 48,300 2,693 45,607 Total public safety 16,069,163 16,896,417 16,163,581 732,836 Community services: Personnel services 1,357,482 1,357,482 1,276,780 80,702 Operating 2,873,500 2,873,500 2,937,376 (63,876) Capital outlay 778,000 1,489,629 407,596 1,082,033 Arts and cultural center: Personnel services 86,361 86,361 86,361 Operating 11,000 76,000 154,480 (78,480) Total community services 5,106,343 5,882,972 4,776,232 1,106,740 Total expenditures 42,698,092 44,413,129 25,660,876 18,752,253 Excess (deficiency) of revenues over expenditures (10,568,037) (11,598,074) 9,085,090 20,683,164 Other financing sources (uses): Transfers in 124,000 124,000 124,000 Transfers out (4,257,029) (4,236,587) (4,336,587) (100,000) Appropriated fund balance 14,701,066 15,710,661 (15,710,661) Total other financing sources (uses) 10,568,037 11,598,074 ( 4,212,587) (15,810,661 ) Net change in fund balance $ $ $ 4,872,503 $ 4,872,503 See Notes to Required Supplementary Information. 51 .- .- .- City of Aventura, Florida - - - Schedule of Funding Progress Police Officers' Retirement Plan Fund (Unaudited) (Required Supplementary Information) Unfunded Actuarial Actuarial UAAL Actuarial Accrued Accrued as % of Valuation Value Liability at Liability Funded Covered Covered Date of Assets Entry Age (UAAL) Ratio Payroll Payroll 10/01/09 $ 10,375,587 $15,136,976 $4,761,389 68.5% $ 6,084,396 78.3% 10/01/07 6,935,097 10,825,108 3,890,011 64.1% 5,576,592 69.8% 10/01/04 2,393,593 5,118,997 2,725,404 46.8% 4,085,348 66.7% .- - - - - - .- - .- - - - Schedule of Funding Progress Other Post Employment Benefits (Unaudited) (Required Supplementary Information) - - - Unfunded Actuarial Actuarial Actuarial Accrued Accrued Valuation Value Liability at Liability Date of Assets Entry Age (UAAL) 10/01/09 $ $ 765,000 $ 765,000 10/01/08 735,000 735,000 UAAL as % of Funded Covered Covered Ratio Payroll Payroll 0.0% $11,774,743 6.5% 0.0% 9,175,000 8.0% - .- .- - - - See Notes to Required Supplementary Information - - .- .- - .- - - - - - - - - 52 - - .- .-. - - City of Aventura, Florida - - - Schedule of Contributions From the Employer and the State of Florida Police Officers' Retirement Plan Fund (Unaudited) (Required Supplementary Information) - - - - - - City Annual State of Florida Year Ended Required City Insurance Percentage September 30, Contribution Contribution Premium Tax Contributed 2009 $ 1 , 151 ,438 $ 1,149,156 $ 265,314 123% 2008 1,169,142 1,024,908 163,088 101% 2007 1,154,250 1,000,802 160,063 101% - - - .- - - - See Notes to Required Supplementary Information. - - - - - - - - - - - - .- - - - - - - - - - 53 - .."'.~"" -. - - City of Aventura, Florida - - Notes to Required Supplementary Information - Note 1. Budgets and Budgetary Accounting An annual appropriated budget is adopted for all governmental funds with the exception of the Charter School Fund, Federal Forfeiture Fund and Law Enforcement Trust Fund (Special Revenue Funds). - - - The City follows these procedures in establishing the budgetary data reflected in the basic financial statements: - - a. The City Manager submits to the City Commission a proposed operating and capital budget for the ensuing fiscal year. The budget includes proposed expenditures and the means of financing them. - - b. Public hearings are conducted to obtain taxpayer comments. - c. Prior to October 1, the budget is legally enacted through passage of an ordinance. - - d. Formal budgetary integration is employed as a management control device during the year for the governmental funds described above. - - e. The City Commission, by ordinance, may make supplemental appropriations for the year up to the amount of revenues in excess of those estimated. The City Commission made several supplementary budgetary appropriations throughout the year including approximately $1,695,000 in the General Fund. ..- - - f. Budgets for the governmental funds are adopted on a basis consistent with generally accepted accounting principles ("GAAP"). .- - g. The City Manager is authorized to transfer part or all of an unencumbered appropriation balance within departments within a fund; however, any revisions that alter the total appropriations of any department or fund must be approved by the City Commission. The classification detail at which expenditures may not legally exceed appropriations is at the department level. - - _. h. Unencumbered appropriations lapse at fiscal year-end. Unencumbered amounts are reappropriated in the following year's budget for capital accounts only. .- - i. Expenditures did not exceed appropriations in any of the governmental funds. ..- - Note 2. Actuarial Assumptions Information as of the latest actuarial valuation date of October 1, 2009 included no cost of living adjustments and a 3% annual inflation rate; an annual investment rate of return of 8.00%; projected annual salary increase of 5.0%; the amortization method is level percent, closed; and an amortization period of 30 years. - - - - .- .- - ..- - ..- 54 - .- - - NON-MAJOR GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Police Education Fund - This fund is used to account for revenues and expenditures associated with the two dollars ($2) the City receives from each paid traffic citation, by State Statute, must be used to further the education of the City's police officers. .- - - - - - Street Maintenance Fund - This fund is to account for revenues and expenditures, which by State Statute are designated for street maintenance and construction costs. Police Capital Outlav Impact Fee Fund - This fund is used to account for impact fees derived from new developments and restricted by ordinance for police capital improvements. This fund provides a funding source to assist the City in providing police services required by the growth in the City. Park Development Fund - This fund is used to account for revenues and expenditures specifically earmarked for capital improvements to the City's park system. This fund accounts for impact fees derived from new developments and restricted by ordinance for park capital improvement projects. 911 Fund - This fund is used to account for revenues and expenditures specifically earmarked for the City's emergency 911 system in accordance with Florida Statutes 365.172. The funds may be used to provide emergency dispatch systems, training, communication, maintenance and repairs and related capital outlay purchases. The fund offsets a portion of the emergency 911 operations. Federal Forfeiture Fund - This fund is used to account for proceeds obtained from the sale of confiscated and unclaimed property turned over to the City through court judgments. Proceeds are to be used solely for crime fighting purposes. Law Enforcement Trust Fund - This fund is used to account for resources resulting from police department confiscations and their expenditure for law enforcement purposes. .- - -- - - - - ,- .- - - - .- DEBT SERVICE FUNDS Debt service funds are used to account for the accumulation of resources for and the payment of principal and interest on all genera/long-term debt. Debt Service Fund Series 1999 - This fund is used to accumulate monies for the payment of the 1999 Revenue Bonds. Non-ad valorem tax revenues in the governmental funds are pledged for the payment of principal and interest. Debt Service Fund Series 2002 - Charter School Land Acquisition - This fund is used to accumulate monies for the payment of the 2002 Revenue Bonds. Non-ad valorem tax revenues in the governmental funds are pledged for the payment of principal and interest. Debt Service Fund Series 2002 - Charter School Buildina Construction - This fund is used to accumulate monies for the payment of the 2002 Revenue Bonds. Non-ad valorem tax revenues in the governmental funds are pledged for the payment of principal and interest. - - - - - - - - - CAPITAL PROJECTS FUNDS Capital projects funds are used to account for the acquisition and construction of major capital facilities. Capital Construction Fund Series 2000 - This fund is used to accumulate monies for the payment of the 2000 Revenue Bonds. Non-ad valorem tax revenues in the governmental funds are pledged for the payment of principal and interest. - - - - -- - - 55 - City of Aventura, Florida Combining Balance Sheet Other Nonmajor Governmental Funds September 30, 2009 Special Revenue Funds Police Capital Law Police Street Outlay Park Federal Enforcement Education Maintenance Impact Fee Development 911 Forfeiture Trust Assets Fund Fund Fund Fund Fund Fund Fund Cash and cash equivalents $ 9,559 $ 52,875 $ 12,454 $ 374,242 $ 56,581 $ 462,551 $ 165,888 Restricted cash, cash equivalents and investments Accounts receivable 49,361 Investments 2,981 16,487 3,883 116,688 17,642 144,223 51,724 Due from other governments 1,193 230,092 Total assets $ 13,733 $ 299,454 $ 16,337 $ 490,930 $ 123,584 $ 606,774 $ 217,612 Liabilities and Fund Balances Liabilities: Accounts payable $ $ 64,888 $ $ $ 368 $ $ 2,925 Retainage payable 105,960 Deferred revenue 65,000 Total liabilities 235,848 368 2,925 Fund balances: Unreserved: Undesignated, reported in: Special revenue funds 13,733 63,606 16,337 490,930 123,216 606,774 214,687 Debt service funds Total fund balances 13,733 63,606 16,337 490,930 123,216 606,774 214,687 Total liabilities and fund balances $ 13,733 $ 299,454 $ 16,337 $ 490,930 $ 123,584 $ 606,774 $ 217,612 56 City of Aventura, Florida Combining Statement of Revenues, Expenditures and Changes in Fund Balances (Deficits) Other Nonmajor Governmental Funds Year Ended September 30,2009 Special Revenue Funds Police Capital Law Police Street Outlay Park Federal Enforcement Education Maintenance Impact Fee Development 911 Forfeiture Trust Fund Fund Fund Fund Fund Fund Fund Revenues: Intergovernmental revenues $ $ 1,558,451 $ $ $ 258,795 $ $ Fines and forfeitures 8,023 282,690 91,514 Impact fees 15,581 Interest income 83 493 133 5,302 329 2,040 Total revenues 8,106 1,558,944 15,714 5,302 258,795 283,019 93,554 Expenditures: Current: Public safety 5,061 99,002 85,906 Community services 711,622 Capital outlay 625,505 8,091 31,928 22,134 45,018 Debt service: Principal Interest Trustee fees and other Total expenditures 5,061 1,337,127 8,091 31,928 99,002 22,134 130,924 Excess (deficiency) of revenues over expenditures 3,045 221 ,817 7,623 (26,626) 159,793 260,885 (37,370) Other financing sources (uses): Transfers in Transfers out (250,000) (94,000) Net change in fund balances 3,045 221,817 7,623 (276,626) 65,793 260,885 (37,370) Fund balances (deficit), beginning 10,688 (158,211 ) 8,714 767.556 57,423 345,889 252,057 Fund balances, ending $ 13,733 $ 63,606 $ 16,337 $ 490,930 $ 123,216 $ 606,774 $ 214,687 58 City of Aventura, Florida Schedule of Revenues and Expenditures - Budget and Actual Special Revenue Fund Police Education Fund For the Year Ended September 30, 2009 Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental revenues $ $ $ $ Fines and forfeitures 4,300 4,300 8,023 3,723 Impact fees Interest income 83 83 Total revenues 4,300 4,300 8,106 3,806 Expenditures: Operating 4,300 14,988 5,061 9,927 Capital outlay Total expenditures 4,300 14,988 5,061 9,927 Excess (deficiency) of revenues over expenditures (10,688) 3,045 13,733 Other financing sources (uses): Transfers out Appropriated fund balances 10,688 (10,688) Total other financing sources (uses) 10,688 (10,688) Net change in fund balances $ $ $ 3,045 $ 3,045 60 - - - - City of Aventura, Florida - - - Schedule of Revenues and Expenditures - Budget and Actual Special Revenue Fund Street Maintenance Fund For the Year Ended September 30, 2009 Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental revenues $ 1,636,000 $ 1,636,000 $ 1,558,451 $ (77,549) Fines and forfeitures Impact fees Interest income 10,000 10,000 493 (9,507) Total revenues 1,646,000 1,646,000 1,558,944 (87,056) Expenditures: Operating 711,622 (711,622) Capital outlay 1,646,000 1,646,000 625,505 1,020,495 Total expenditures 1,646,000 1,646,000 1,337,127 308,873 Excess (deficiency) of revenues over expenditures 221,817 221,817 Other financing sources (uses): Transfers out Appropriated fund balances Total other financing sources (uses) Net change in fund balances $ $ $ 221,817 $ 221,817 - - - - - - - - - - - - - - - - - - - - -- - - - - - - -- - ,- ,- - - 61 - - City of Aventura, Florida Schedule of Revenues and Expenditures - Budget and Actual Special Revenue Fund Police Capital Outlay Impact Fee Fund For the Year Ended September 30,2009 Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental revenues $ $ $ $ Fines and forfeitures Impact fees 1,000 1,000 15,581 14,581 Interest income 133 133 Total revenues 1,000 1,000 15,714 14,714 Expenditures: Operating Capital outlay 1,000 9,714 8,091 1,623 Total expenditures 1,000 9,714 8,091 1,623 Excess (deficiency) of revenues over expenditures (8,714) 7,623 16,337 Other financing sources (uses): Transfers out Appropriated fund balances 8,714 (8,714) Total other financing sources (uses) 8,714 (8,714) Net change in fund balances $ $ $ 7,623 $ 7,623 62 - - City of Aventura, Florida - - Schedule of Revenues and Expenditures - Budget and Actual - Special Revenue Fund - Park Development Fund - For the Year Ended September 30, 2009 - - Variance with .- Final Budget- Original Final Positive - Budget Budget Actual (Negative) .- Revenues: Intergovernmental revenues $ $ $ $ - Fines and forfeitures - Impact fees 1,000 1,000 (1,000) Interest income 5,302 5,302 - Total revenues 1,000 1,000 5,302 4,302 - Expenditu res: - Operating .- Capital outlay 71,000 518,556 31,928 486,628 Total expenditures 71,000 518,556 31,928 486,628 - Excess (deficiency) - of revenues - over expenditures (70,000) (517,556) (26,626) 490,930 - Other financing sources (uses): Transfers out (250,000) (250,000) (250,000) - Appropriated fund - balances 320,000 767,556 (767,556) Total other - financing - sources (uses) 70,000 517,556 (250,000) (767,556) - Net change in fund balances $ $ $ (276,626) $ (276,626) - - - - - - - - - - - - 63 - .- City of Aventura, Florida Schedule of Revenues and Expenditures - Budget and Actual Special Revenue Fund 911 Fund For the Year Ended September 30, 2009 Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental revenues $ 213,000 $ 213,000 $ 258,795 $ 45,795 Fines and forfeitures Impact fees Interest income Total revenues 213,000 213,000 258,795 45,795 Expenditures: Operating 119,000 119,000 99,002 19,998 Capital outlay 57,423 57,423 Total expenditures 119,000 176,423 99,002 77,421 Excess (deficiency) of revenues over expenditures 94,000 36,577 159,793 123,216 Other financing sources (uses): Transfers out (94,000) (94,000) (94,000) Appropriated fund balances 57,423 (57,423) Total other financing sources (uses) (94,000) (36,577) (94,000) (57,423) Net change in fund balances $ $ $ 65,793 $ 65,793 64 - - - - - City of Aventura, Florida - - - Schedule of Revenues and Expenditures - Budget and Actual Debt Service Fund Series 1999 For the Year Ended September 30,2009 Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Interest income $ $ $ 281 $ 281 Expenditures: Debt service: Principal 495,000 495,000 495,000 Interest 848,557 848,557 846,018 2,539 Trustee fees and other 20,000 20,000 7,761 12,239 Total expenditures 1,363,557 1,363,557 1,348,779 14,778 Excess (deficiency) of revenues over expenditures (1,363,557) (1,363,557) (1,348,498) 15,059 Other financing sources: Transfers in 1,363,557 1,345,341 1,345,341 Appropriated fund balances 18,216 (18,216) Net change in fund balances $ $ $ (3,157) $ (3,157) - - - - - - - .- - - - - - - - - - - -- - - - - - - - ,- - - .- - - - .- 65 - City of Aventura, Florida Schedule of Revenues and Expenditures - Budget and Actual Debt Service Fund Series 2000 For the Year Ended September 30,2009 Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Interest income $ 20,000 $ 20,000 $ 25,231 $ 5,231 Expenditures: Debt service: Principal 270,000 270,000 270,000 Interest 241,390 241,390 240,912 478 Trustee fees and other Total expenditures 511,390 511,390 510,912 478 Excess (deficiency) of revenues over expenditures (491,390) (491,390) (485,681) 5,709 Other financing sources: Transfers in 491,390 490,669 490,669 Appropriated fund balances 721 (721 ) Net change in fund balances $ $ $ 4,988 $ 4,988 66 - .- .- - - City of Aventura, Florida - - - Schedule of Revenues and Expenditures - Budget and Actual Debt Service Fund Series 2002 - Charter School Land Acquisition For the Year Ended September 30, 2009 Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Interest income $ $ $ 5 $ 5 Expenditures: Debt service: Principal 148,855 148,855 148,854 1 Interest 246,227 246,227 245,764 463 Trustee fees and other 7,000 7,000 7,444 (444) Total expenditures 402,082 402,082 402,062 20 Excess (deficiency) of revenues over expenditures (402,082) (402,082) (402,057) 25 Other financing sources: Transfers in 402,082 400,577 400,577 Appropriated fund balances 1,505 (1,505) Net change in fund balances $ $ $ (1,480) $ (1,480) - - - - - - - - - - - .- - - - - - - - .- .- - -- - - - - -- - - - - - - 67 - - City of Aventura, Florida Schedule of Revenues and Expenditures - Budget and Actual Debt Service Fund Series 2002 - Charter School Building Construction For the Year Ended September 30, 2009 Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Interest income $ $ $ 459 $ 459 Expenditures: Debt service: Principal 166,146 166,146 166,146 Interest 274,829 274,829 275,290 (461) Trustee fees and other 3,500 3,500 2,989 511 Total expenditures 444,475 444,475 444,425 50 Excess (deficiency) of revenues over expenditures (444,475) (444,475) (443,966) 509 Other financing sources: Transfers in 444,475 444,475 444,000 (475) Appropriated fund balances Net change in fund balances $ $ $ 34 $ 34 68 - - - - City of Aventura, Florida - - - Schedule of Revenues and Expenditures - Budget and Actual Capital Projects Fund Capital Construction Fund Series 2000 For the Year Ended September 30, 2009 .- - - - Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental revenues $ $ $ $ Interest income Miscellaneous Total revenues Expenditures: Capital outlay Excess (deficiency) of revenues over expenditures Other Financing Sources (Uses) Transfers in Transfers out (99,664) (99,664) Proceeds from bond issuance Appropriated fund balance 99,664 (99,664) Total other financing sources (uses) (99,664) (99,664) Net change in fund balances $ $ $ (99,664) $ (99,664) - - - - - - - - - - - .- - - - -- - - - - - - - - - - - - - - 69 - .- .- .- .- City of Aventura, Florida - - .- Schedule of Revenues and Expenditures - Budget and Actual Capital Projects Fund Arts & Cultural Center Fund For the Year Ended September 30, 2009 - .- .- - - Variance with Final Budget- Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental revenues $ $ 4,100,000 $ 2,359,690 $ (1,740,310) Interest income Miscellaneous 350,000 350,000 (350,000) Total revenues 350,000 4,450,000 2,359,690 (2,090,310) Expenditures: Capital outlay 6,700,000 6,700,000 2,932,852 3,767,148 Excess (deficiency) of revenues over expenditures (6,350,OOO) (2,250,000) (573,162) 1,676,838 Other Financing Sources (Uses) Transfers in 2,250,000 2,250,000 2,250,000 Transfers out Proceeds from bond issuance 4,100,000 Appropriated fund balance Total other financing sources (uses) 6,350,000 2,250,000 2,250,000 Net change in fund balances $ $ $ 1,676,838 $ 1,676,838 -- - .- .- .- .- .- .- - - .- .- - - .- - - - - - .- - .- .- .- - - - - 70 - STATISTICAL SECTION - - - STATISTICAL SECTION - - This part of City of Aventura's comprehensive annual financial report presents detailed information as a context for understanding what information in the financial statements, note disclosures and required supplementary information says about the City's overall financial health. - - Financial trends These schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time. - - - Net assets by component Changes in net assets Governmental activities tax revenues by source Fund balances of governmental funds Changes in fund balances of governmental funds General governmental tax revenues by source - - - - - - Revenue Capacity These schedules contain information to help the reader assess the City's most significant local revenue source, the property tax. - - - Assessed value and estimated actual assessed value of taxable property Property tax rates - direct and overlapping governments Principal property taxpayers Property tax levies and collections - - - Debt Capacity: These schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. - - - Ratios of outstanding debt by type Ratios of bonded debt outstanding Direct and overlapping governmental activity debt Legal debt margin information - - - - - - - - - - - - - - - - ",,- 71 72-73 74 75 76-77 78 79 80-81 82 83 84 85 86 87 STATISTICAL SECTION Demoqraphic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. Demographic and economic statistics Occupational employment by group - Miami-Dade County, Florida 88 89 Operatinq Information These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides and the activities it performs. Full-time equivalent government employees by function Operating indicators by function Capital asset statistics by function 90 91 92 Sources: Unless otherwise indicated, information in these schedules is derived from the comprehensive annual financial reports for the respective years. The City implemented GASB 34 in 2003. Schedules presenting government-wide information include information beginning with that year. - - - - City of Aventura, Florida Table 1 Net Assets by Component Last Seven Fiscal Years (accrual basis of accounting) Fiscal Year Ended September 30, 2003 2004 2005 2006 2007 2008 2009 Governmental activities Invested in capital assets, net of related debt $ 19.880,605 $ 22,471,893 $ 23,896,000 $ 26,151,708 $ 45,438,705 $ 50,968,930 $ 54,916,084 Restricted 5,214,557 1,872,770 2,944,000 3,047,457 2,942,261 1,226,693 1.592,461 Unrestricted 6,882,421 12,099.673 15,844,000 20,119,775 25,046,530 31,110,719 35,762,870 Total governmental activites net assets $ 31,977,583 $ 36,444,336 $ 42.684,000 $ 49,318,940 $ 73,427,496 $ 83,306,342 $ 92.271,415 Business-type activities Invested ;n capital assets, net of related debt $ 5,350,003 $ 5,350.598 $ 6,161,008 $ 6,417.218 $ 7,502,883 $ 7,431,770 $ 7,580,426 Unrestricted (221,770) 62,243 (278,512) 287,480 117 ,452 417,920 529,552 Total business-type activities net assets $ 5,128,233 $ 5,412,841 $ 5,882,496 $ 6,704,698 $ 7,620,335 $ 7,849.690 $ 8.109,978 Primary government Invested in capital assets, net of related debt $ 25,230,608 $ 27,822,491 $ 30,057,008 $ 32,568,926 $ 52,941,588 $ 58,400,700 $ 62,496,510 Restricted 5,214,557 1,872,770 2,944,000 3,047,457 2,942,261 1,226,693 1,592,461 Unrestricted 6,660,651 12,161,916 15,565,488 20,407,255 25,163,982 31,528.639 36,292,422 Total primary government net assets $ 37,105,816 $ 41,857,177 $ 48,566,496 $ 56,023,638 $ 81,047,831 $ 91,156,032 $ 100,381,393 - - -. - - - - - - .- ,- - -. .- - - - - - - Nole: The City began 10 report accrual information when it implemented GASB Statement 34 in fiscal year 2003. - - - - - -. - -. - - - - - - - - - 71 - - City of Aventura, Florida Changes in Net Assets Last Seven Fiscal Years (accrual basis of accounting) Fiscal Year Ended September 30, 2003 2004 2005 2006 2007 2008 2009 Expenses Governmental activities: General government 3,901,371 $ 4,378,320 5,234,533 8,614,169 $ 6,221,118 6,776,605 6,792,783 Public safely 10,262,009 11,548,304 13,042,732 14,480,174 15,364,893 15,517,221 16,107,437 Community services 4,822,153 8,395,691 8,958,704 10,057,441 13,061,771 13,030,566 12,666,857 Interest expense 1,785,364 1,630,330 1,777,122 1,804,436 1,720,827 1,674,297 1,641,919 Tota] governmental activities expenses 20,770,897 26,152,645 29,013,091 34,956,222 36,368,609 36,998,689 37,208,996 Business-type activities: Slormwater utility 125,727 147,242 249,947 360,712 557,635 670,602 651,175 Total business-type activities expenses 125,727 147,242 249,947 360,712 557,635 670,602 651,175 Total primary government expenses 20,896,624 26,299,887 29,263,038 35,316,934 36,926,244 37,669,291 37,860,171 Program Revenues Governmental activities: Charges for services: General government 2,629,963 1,057,776 539,332 91,522 $ $ Public safety 772,325 2,402,106 3,585,061 4,788,890 3,489,180 2,965,541 1,973,570 Community services 187,182 227,512 671,809 944,724 1,805,425 1,993,719 3,505,392 Operating grants and contributions 164,260 4,099,084 5,212,020 7,302,460 8,298,050 8,379,687 7,726,423 Capital grants and contributions 14,523 401,076 8,987 420,493 40,340 2,359,690 Total governmental activities program revenues 3,768,253 8,187,554 10,017,209 13,548,089 13,632,995 13,338,947 15,565,075 Business-type activities: Charges for services: Slormwaler utility 820,926 826,199 820,554 815,454 889,178 882,429 801,532 Operating grants and contributions 650,000 415,000 580,759 Capital grants and contributions 107,364 Total business-type activities program revenues 1,470,926 826,199 820,554 1,230,454 1,469,937 882,429 908,896 Total primary government program revenues 5,239,179 9,013,753 10,837,763 $ 14,778,543 15,102,932 14,221,376 16,473,971 72 - - - - City of Aventura, Florida Table 2 - - Change in Net Assets (Continued) - Last Seven Fiscal Years (accrual basis of accounting) .- - Fiscal Year Ended September 30, - 2003 2004 2005 2006 2007 2008 2009 Net (expense)/revenue - GovernmentaJ activities (17,002,644) (17,965,091) (18,995,882) $ (21,408,133) $ (22,735,614) (23,659,742) (21,643,921) .- Business.type activities 1,345,199 678,957 570,607 869,742 912,302 211,827 257,721 Total primary government - net expense $ (15,657,445) $ (17,286,134) $ (18,425,275) $ (20,538,391) (21,823,312) $ (23,447,915) $ (21.386,200) - General Revenues and Other - Changes in Net Assets Governmental activities: - Taxes Ad-valorem taxes $ 9,075,096 $ 10,143,246 11,842,689 $ 14,089,388 $ 17,127,913 15,942,020 15,189,005 - Utility service taxes 5,397,011 5,460,119 5,719,554 6,015,016 6,269,809 6,741,903 7,451,872 Franchise fees on gross receipts 1,875,199 2,185,155 2,330,809 3,359,261 4,234,574 4,270,671 3,644,177 - Intergovernmental revenue - unrestricted 2,861,600 3,203,912 3,427,847 3,003,546 4,041,947 4,799,706 3,577,758 - Impact fees 56,609 754,954 959,264 15.581 - Investment earnings not restricted 246,216 174,963 553,135 1,159,778 1,580,978 1,035,457 292.180 Miscellaneous revenues 104,436 107,193 296,875 365,705 92,987 748,831 438,421 - Transfers 567,037 402,282 103,210 50,742 Total governmental activities 20,183,204 22,431,844 25,235,183 28,043,436 33,348,208 33,538,588 30,608,994 ...- Business-type activities: Investment earnings not restricted 3,262 2,555 2,258 3,202 3,335 17,528 2,567 - Transfers (567,037) (396,904) (103,210) (50,742) - Total business-type activities (563,775) (394,349) (100,952) (47,540) 3,335 17,528 2,567 Total primary government $ 19,619,429 22,037,495 $ 25,134,231 27,995,896 $ 33,351,543 $ 33,556,116 30,611,561 - - Change in Net Assets Governmental activities $ 3,180,560 4,486,753 6,239,301 $ 6,635,303 $ 10,612,594 $ 9,878,846 $ 8.965,073 - Business~type activities 781,424 284,608 469,655 822,202 915,637 229,355 260,288 Total primary government $ 3,961,984 4,751,361 6,708,956 7,457,505 $ 11,528,231 10,108,201 9,225,361 - - Note: The City began to report accrual information when it implemented GASB Statement 34 in - - - - - - - - - .- - - 73 -. - City of Aventura, Florida Table 3 Governmental Activities Tax Revenues By Source Last Seven Fiscal Years (accrual basis of accounting) Fiscal Year Tax Ended Roll Ad valorem Utility Franchise September 30, Year Taxes Taxes Fees Total 2003 2002 $ 9,075,096 $ 5,397,011 $ 1,875,199 $ 16,347,306 2004 2003 10,143,246 5,460,119 2,185,155 17,788,520 2005 2004 11,842,689 5,719,554 2,330,809 19,893,052 2006 2005 14,089,388 6,015,016 3,359,261 23,463,665 2007 2006 17,127,913 6,269,809 4,234,574 27,632,296 2008 2007 15,942,020 6,741,903 4,270,671 26,954,594 2009 2008 15,189,005 7,451,872 3,644,177 26,285,054 Note: The City began to report accrual information when it implemented GASB Statement 34 in fiscal year 2003. 74 - - - _. 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" c: .c: " c: - ::::I CO .s c: It: ::J (5 It: ::J U " LL ....I <9 <( - - - City of Aventura, Florida Changes in Fund Balances of Governmental Funds Last Ten Fiscal Years (modified accrual basis of accounting) Fiscal Year Ended September 30, 2000 2001 2002 2003 Revenues Ad valorem taxes $ 7,140,655 $ 7,440,398 $ 8,428,698 $ 9,075,096 Utility service taxes 4,346,175 4,413,388 3,316,474 5,397,011 Franchise fees 2,230,486 2,317,645 3,849,676 1,875,199 Intergovernmental 2,836,374 2,688,105 3,091,728 2,965,158 Licenses and permits 1,886,777 2,624,459 3,360,172 2,185,654 Charges for services 797,774 647,410 722,125 965,067 Fines and forfeitures 441,717 491,688 386,758 399,899 Impact fees 439,512 799,766 599,244 56,609 Interest incorne 1,059,418 1,115,650 310,096 246,216 Developer contributions 242,915 221,894 152,385 30,000 Miscellaneous 153,959 143,734 119,347 74,436 Total revenues 21,575,762 22,904,137 24,336,703 23,270,345 Expenditures General government 1,526,679 1,831,007 2,015,866 2,163,885 Public safety 7,804,469 8,607,783 9,333,199 9,438,156 Community services 2,717,728 3,102,494 3,600,234 4,226,979 Nondepartmental 529,737 725,434 1,163,975 1,040,052 Capital outlay 11,850,784 11,652,841 12,409,178 12,153,846 Debt service: Principal 355,000 590,000 570,000 595,000 Interest 982,410 1,260,248 1,276,224 1,746,446 Trustee fees and other 52,582 20,214 73,760 Total expenditures 25,766,807 27,822,389 30,388,890 31,438,124 Excess (deficiency) of revenues over expenditures (4,191,045) (4,918,252) (6,052,187) (8,167,779) Other financing sources (uses) Transfers in 2,504,084 2,583,136 2,709,879 2,379,299 Transfers out (1,755,488) (2,402,595) (2,524,839) (1,812,262) Bonds issued 6,555,000 12,610,623 Discount on bonds (427,343) Bond issuance costs (525,000) Total other financing sources 223,596 6,735,541 12,368,320 567,037 Net change in fund balances $ (3,967,449) $ 1,817,289 $ 6,316,133 $ (7,600,742) Debt service as a percentage of noncapital expenditures 9.61% 11.44% 10.27% 12,14% 76 City of Aventura, Florida Table 6 General Governmental Tax Revenues By Source Last Ten Fiscal Years Fiscal Year Licenses Charges Fines Ended Inter- and for and September 30, Taxes Governmental Permits Services Forfeitures Interest Other Total 2000 $ 13,717,316 $ 2,836,374 $ 1,886,777 $ 797,774 $ 441,717 $ 1,059,418 $ 836,386 $ 21,575,762 2001 14,171,431 2,688,105 2,624,459 647,410 491,688 1,115,650 1,165,394 22,904,137 2002 15,594,848 3,091,728 3,360,172 722,125 386,758 310,096 870,976 24,336,703 2003 16,347,306 2,965,158 2,185,654 965,067 399,899 246,216 161,045 23,270,345 2004 17,788,520 7,663,308 2,146,913 1,099,321 351,698 174,983 975,564 30,200,307 2005 19,893,052 7,263,468 3,335,034 1,598,230 472,465 553,135 1,258,139 34,373,523 2006 23,463,665 10,905,885 3,277 ,960 1,904,741 601,339 1,159,778 1,009,020 42,322,388 2007 27,632,296 11,586,872 3,229,778 2,194,596 577,148 1,580,978 274,884 47,076,552 2008 26,954,594 11,762,763 2,808,112 2,313,107 652,747 1,035,457 748,831 46,275,611 2009 26,285,054 13,273,593 1,892,862 2,078,224 2,275,882 292,180 454,002 46.551,797 78 .- .- - ,.... - - Gl 0 III 'C III ::l ::c III III III iii "if!. 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City of Aventura, Florida Table 11 Ratios of Outstanding Debt by Type Last Ten Fiscal Years Business-Type Governmental Activities Activities Fiscal Year General Total Percentage Ended Obligation Revenue Li ne of Outstanding Primary of Personal Per September 30, Bonds Bonds Credit Bonds Government Income (1) Capita (1) 2000 $ $ 20,645,000 $ $ $ 20,645,000 3,19% $ 817 2001 26,610,000 26,610,000 3,91% 1,032,68 2002 38,650,000 38,650,000 5.46% 1,478.46 2003 38,055,000 38,055,000 5.05% 1,396.98 2004 37,155,000 37,155,000 4.53% 1,317.23 2005 36,225,000 36,225,000 1,271,05 2006 35,260,000 35,260,000 1,197.24 2007 34,255,000 34,255,000 1,127.44 2008 33,220,000 33,220,000 1,070.09 2009 32,140,000 32,140,000 1,032.58 Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements, (1) See the Schedule of Demographic and Economic Statistics for personal income and population data. *Information not available 84 - - - - City of Aventura, Florida Table 12 0_ - Ratios of Bonded Debt Outstanding Last Ten Fiscal Years - - - Less: Amounts Assessed Ratio of Net Net Fiscal Year Gross Available in Net Value Bonded Debt Bonded Debt Ended Bonded Debt Bonded of Taxable to Assessed Per September 30, Debt Service Funds Debt Property Value Capita (1) 2000 $ 20,645,000 $ 356,000 $ 20,289,000 $ 3,380,898,052 0.60% $ 802.98 2001 26,610,000 866,000 25,744,000 3,510,371,913 0.73% 999,07 2002 38,650,000 1,668,000 36,982,000 3,914,281,877 0.94% 1,414.66 2003 38,055,000 529,000 37,526,000 4,167,885,994 0,90% 1,377.56 2004 37,155,000 31,000 37,124,000 4,730,954,049 0,78% 1,316.13 2005 36,225,000 42,000 36,183,000 5,557,061,536 0.65% 1,269.58 2006 35,260,000 24,278 35,235,722 6,616,421,499 0.53% 1,196.42 2007 34,255,000 133,053 34,121,947 8,160,923,804 0.42% 1,123.06 2008 33,220,000 136,790 33,083,210 9,609,881,719 0.34% 1,065.69 2009 32,140,000 137,175 32,002,825 9,439,807,532 0.34% 1,028.17 - - - - - - - - - - - - - - <- - - Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements (1) See the Schedule of Demographic and Economic Statistics for population data. - ,- - - - - - - - - - - - 85 - 0-' City of Aventura, Florida Table 13 Direct and Overlapping Governmental Activity Debt September 30, 2009 J u risd iction Direct: City of Aventura Estimated Percentage Estimated Applicable Share of Debt to City of Overlapping Outstanding Aventura (1) Debt $ 32,140,000 100.000% $ 32,140,000 Overlapping: Miami-Dade Board of County Commissioners (2) 3,165,510,885 3.931 % 124,436,233 Miami-Dade County School Board (2) 3,359,865,000 3.931% 132,076,293 Total direct and overlapping $ 6,557,515,885 $ 288,652,526 Notes: (1) Based on ratio of assessed taxable values obtained from the Miami-Dade County, Florida Tax Collector. 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City of Aventura, Florida Table 15 Demographic and Economic Statistics Last Ten Fiscal Years Fiscal Personal Per Year Income Capita Ended (amounts expressed Personal Unemployment September 30, Population (1) in thousands) Income (2) Rate (3) 2000 25,267 $ 647,618 $ 25,631 3.0% 2001 25,768 681,435 26,445 3.6% 2002 26,142 709,677 27,147 3.9% 2003 27,241 759,779 27,891 3.5% 2004 28,207 841,048 29,817 3.2% 2005 28,500 912,713 32,025 3.7% 2006 29,451 992,852 33,712 3.3% 2007 30,383 * * 3.1% 2008 31 ,044 * * 3.7% 2009 31,126 * * 7.1% Data sources: (1) Year 2000 is from the U.S. Census. All other years are as of April 1 of each year per the University of Florida Bureau of Economic & Business Research. (2) Represents income per capita for Miami-Dade County as provided by the U.S. Department of Commerce, Bureau of Economic Analysis. (3) Florida Department of Labor, Bureau of Labor Market Information. * Information not available. 88 - - - -. - City of Aventura, Florida Table 16 - - - Occupational Employment by Group - Miami-Dade County, Florida Current Year and Nine Years Ago - - - Fiscal Year Ended September 30, 2009 2000 Percentage of Percentage of Total Total Occupational Groups Employees Rank Employment Employees Rank Employment Office and administrative support 217,530 21.16% N/A N/A N/A Sales and related 136,390 2 13.27% N/A N/A N/A Food preparation and service related 79,700 3 7,75% N/A N/A N/A Transportation and material moving 71,300 4 6.94% N/A N/A N/A Business and financial operations 56,250 5 5.47% N/A N/A N/A Healthcare practitioner and technical 54,120 7 5,27% N/A N/A N/A Education, training and library 53,690 6 5,22% N/A N/A N/A Production 41,560 8 4.04% N/A N/A N/A Installation, maintenance and repair 40,410 9 3.93% N/A N/A N/A Construction and extraction 39,650 10 3,86% N/A N/A N/A Building and grounds cleaning and maintenance 37,350 11 3,63% N/A N/A N/A Protective service 36,990 12 3.60% N/A N/A N/A Management 30,670 13 2.98% N/A N/A N/A Personal care and service 28,490 14 2.77% N/A N/A N/A Healthcare support 26,580 15 2.59% N/A N/A N/A Computer and mathematical science 17,060 16 1.66% N/A N/A N/A Arts, design, entertainment, sports and media 16,250 17 1.58% N/A N/A N/A Legal 12,170 18 1.18% N/A N/A N/A Community and social services 12,120 19 1.18% N/A N/A N/A Architecture and engineering 11,600 20 1.13% N/A N/A N/A Life, physical and social sciences 5,530 21 0.54% N/A N/A N/A Farming, fishing and forestry 2,510 22 0.25% N/A N/A N/A Total 1,027,920 100.00% N/A N/A Notes: Source: Represents Metropolitan Area Occupational Employment for the entire Miami-Miami Beach-Kendall, Florida geographic region as provided by the U.S. Department of Labor, Bureau of Labor Statistics as of May 2007. 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COMPLIANCE SECTION - - - - McGladrey & Pullen Certified Public Accountants - - - - - Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards - - - .- To the Honorable Mayor and Members of the City Commission City of Aventura, Florida - - - We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Aventura, Florida (the "City") as of and for the year ended September 30,2009, and have issued our report thereon dated March 12,2010. Our report was modified to include a reference to other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Other auditors audited the financial statements of the City of Aventura Police Officers' Retirement Plan Pension Trust Fund which financial statements represent 85% of the total assets and 56% of the total revenues of the aggregate remaining fund information, as described in our report on the City's financial statements. This report does not include the results of the other auditor's testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors. - - - - - - - - Internal Control Over Financial Reporting - In planning and performing our audit, we considered the City's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. - - - - A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. - - - - - A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. - - - Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. - - - - - McGladrey & Pullen, LLP is a member firm of RSM International, an affiliation of separate and independenllegal entities. 93 - - .- .- - - Compliance and Other Matters - As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. - - - - - This report is intended solely for the information and use of the City Commission, management, pass- through entities and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than those specified parties. - - - - /It~//~/ L~? .- - - Fort Lauderdale, Florida March 12,2010 .- - - - - - - - - - "".,.., - - -- - - - - - - - - - - 94 - McGladrey & Pullen Certified Public Accountants Management Letter Required By Chapter 10.550 of the Rules of the Auditor General of the State of Florida To the Honorable Mayor, Members of the City Commission and City Manager City of Aventura, Florida We have audited the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Aventura, Florida (the "City") as of and for the fiscal year ended September 30, 2009 which collectively comprise the City's basic financial statements, and have issued our report thereon dated March 12, 2010. We did not audit the City of Aventura Police Officers' Retirement Plan Pension TrustFund which financial statements represent 85% of the total assets and 56% of the total revenues of the aggregate remaining fund information. The financial statements of the City of Aventura Police Officers' Retirement Plan Pension Trust Fund were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the City of Aventura Police Officers' Retirement Plan Pension Trust Fund, is based on the report of the other auditors. Our reports do not address their respective internal control or compliance. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters. Disclosures in that report which is dated March 12, 2010, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local government entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554(1 )(i) 1,) require that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no recommendations made in the preceding annual financial audit report. As required by the Rules of the Auditor General (Section 10,554(1 )(i)2.), the scope of our audit included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City complied with Section 218.415, Florida Statutes. The Rules of the Auditor General (Section 10.554(1)(i)3.) require that we address in the management letter any recommendations to improve the City's financial management. There were no recommendations to improve the City's financial management, accounting procedures, and internal controls. McGladrey & Pullen, LLP is a member firm of RSM International, an affiliation of separate and independent legal entities. 95 - - - - The Rules of the Auditor General (Section 10.554(1)(i)4.) require disclosure in the management letter of the following matters if not already addressed in the auditor's reports on compliance and internal controls or schedule of findings and Questioned costs whether there were any violations of laws, regulations, contracts or grant agreements, or abuse that have occurred, or are likely to have occurred, that have an effect on the determination of financial statement amounts that is less than material but more than inconsequential. In connection with our audit, we did not have any such findings. - - - - - The Rules of the Auditor General (Section 10.554(1)(i)5.) provides that the auditor may, based on professional judgment, report the following matters that are inconsequential to the determination of financial statement amounts, considering both quantitative and qualitative factors:: (1) violations of laws, regulations, contracts or grant agreements or abuse that have occurred, or are likely to have occurred, and (2) control deficiencies that are not significant deficiencies, including, but not limited to: (a) improper or inadequate accounting procedures (e. g., the omission of required disclosures from the annual financial statements); (b) failure to properly record financial transactions; and (c) inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. No such conditions were noted during the audit. - - - - - - The Rules of the Auditor General (Section 10.554(1)(i)6,) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. The information is disclosed in Note 1 to the financial statements. - - - As required by the Rules of the Auditor General (Section 10.554(1)(i)7.a.), a statement must be included as to whether or not the local government entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes. - - - As required by the Rules of the Auditor General (Section 10.554(1)(i)7.b.), we determined that the annual financial report for the City for the fiscal year ended September 30, 2009, filed with the Florida Department of Financial Services pursuant to Section 218.32(1 )(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2009. - - - - As required by the Rules of the Auditor General (Sections 10.554(1 )(i)7.c.), and 10.556(7), we applied financial assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. - .- - This management letter is intended solely for the information of the City Commission, and management, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties, - - - /Ir~ / /~/ L~? - - - Fort Lauderdale, Florida March 12,2010 - - - - .- - - 96 - I., \ fJOJ tv' & '/I(;t) 19200 West Country Club Drive Aventura, Florida 33180 Phone: (305) 466-8920 Fax: (305) 466-8939 www.cityofaventura.com CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City BY: Antonio F. Tomei, Capital Projec s DATE: March 16,2010 SUBJECT: Bid No: 10-02-10-2 - NE 191st 5T Roadway and Drainage Improvements April 6, 2010 City Commission Meeting Agenda Item 6- E Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 10-02-10-2, NE 191st ST Roadway and Drainage Improvements to the lowest responsible and responsive bidder, Rock Power Paving, Inc. for the price of $76,724.75. This only includes the roadway intersection improvements at this time. The City Engineer has recommended that we defer awarding the drainage improvements to allow more time to determine if the improvements are required. This project is included in the Capital Improvements Program with a $350,000 budget amount and will be funded by Budget Line Item Number 001-8050-541-6341. Backaround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on March 5, 2010. The City received fourteen (14) bids for this project. The three lowest bids inclusive of the Base Bid and Bid Alternate 1 are as follows: Rock Power Paving, Inc. Williams Paving Co., Inc. Florida Blacktop, Inc. $ 76,724.75 $ 94,951.50 $ 97,505.40 This Base Bid allows for roadway reconstruction to provide additional storage length for the westbound left turn lane on NE 191st Street at Biscayne Boulevard. Alternate 1 provides for revised traffic markings on Biscayne Boulevard required by FOOT. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-02-10-2, NE 1915T STREET ROADWAY AND DRAINAGE IMPROVEMENTS, TO ROCK POWER PAVING, INC. AT THE BID PRICE OF $76,724.75; 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. 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. 10-02-10-2, NE 1915t Street Roadway and Drainage Improvements; 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 Rock Power Paving, 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.1 0-02-1 0-2, NE 1915t Street Roadway and Drainage Improvements, is hereby awarded to Rock Power Paving, Inc. in the Resolution No. 2010- Page 2 amount of $76,724.75. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-8050-541-6341. Section 5: This Resolution shall be effective immediately upon its adoption. , who , and The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010-_ Page 3 PASSED AND ADOPTED this 6th day of April, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROV~;::::'L~: CITY ATTORNEY " MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: March 15,2010 To: Tony Tomei. City of Aventura- Capi~~er Kevin Hart, P.E., Consulting Engineer From: Reference: NE 191st Street Roadway & Drainage Improvements - Bid Package Review - Bid Number 10-02-10-2 At your request, we have reviewed the bid results for the above referenced project. A total of fourteen (14) bids were received as itemized on the attached bid tabulation sheet. The bid included a base bid for the NE 191st Street roadway improvements and three alternate bid items as follows: I. Biscayne Boulevard pavement marking improvements (with no milling & resurfacing). 2. Biscayne Boulevard pavement marking improvements (with milling & resurfacing). 3. NE 191st Street & NE 29th Avenue drainage improvements. The Bid Documents allow the bid to be awarded on a split order basis and therefore, we are recommending that bid be awarded on a split order basis as follows: I. Award/Contract for the Base Bid plus Bid Alternate I 2. Award/Contract for Bid Alternate 3 FOOT is not requiring the milling & reswfacing of Biscayne Boulevard and therefore, Bid Alternate No.2 is not required. We have found Rock Power Paving, Inc. to be the apparent low bidder for the Base Bid plus Bid Alternate I in the amount of $76,724.75. We spoke with representatives from Kimley Horn and Associates, Inc. (KHA) regarding the qualifications and past performance by Rock Power Paving on similar projects. KHA described Rock Power Paving as a qualified firm and capable of performing the type of work required under this contract. Overall, we received a positive review regarding Rock Power Paving's performance on past projects. There were no substantive problems or issues with Change Orders and KHA indicated that Rock Power Paving had met the contract requirements and time frames on past projects. KHA indicated that the government agencies they represented were pleased with the work performed by Rock Power Paving on multiple projects and recommended them for future projects. City of A ventura N.E. 19111 Street Improvements March 15,2010 Page 2 Based on our review of the bids and reference checks, it is my professional opinion that Rock Power Paving, Inc. is qualified to perform the work under this contract and has successfully performed similar types of asphalt and concrete work for government agencies in the past. Therefore, I am recommending the award of the contract for the Base Bid plus Bid Alternate No. 1 to Rock Power Paving, Inc. as the lowest responsive, responsible bidder in the amount of $76,724.75. We have found KMC Corporation (KMC) to be the apparent low bidder for Bid Alternate 3 in the amount of $350,349.00. KMC has performed similar work for the City on past CIP projects and in my professional opinion they are qualified to perform the work under this contract and have successfully performed similar types of drainage and restoration work for government agencies in the past. However, at this time I am recommending that the award of Bid Alternate No. 3 be deferred to allow the City more time to evaluate and determine if the drainage improvements, as bid, are required. Per the bid documents, the City has the right to withhold the award of contract for a period of 180 days from the date of the bid opening. If you have any questions or require any additional information, please call. 2 ~o (I)~ -. -. (/) (/) (/)- em ~(i) _. a. g=t 0.0 _.3 ::::I rot- @i ~< 0(1) ::::1::::1 (/)0. (l)g .....(/) 0'::1' se~ -'(1) (/) - (/)::::1 2..Q) ~r. @ S'rot- .....'::1' -.(1) go - ::::I ::0;':< Q) 0 ~~ -. Q)(/) -. 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G) ~ ." ... o ." ... -. $ To: Robert Delgado Fm:Onvia.com Inc 17:05 02/26/10 PG 002 SECTION 00410 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT GENERAL REQUIREMENTS Item Quantity Description Uoit Unit Price Extended Cost BASE BID GENERAL GENERAL CONDITIONS LS $ /500.06 $ Isoo,06 2 MOBILIZATION LS $2S0D.DO $ .).500.00 3 MAINTENANCE OF TRAFFIC FOR LS $3500.00 $ 3500.00 NE I91ST ST. ROADWAY IMPROVEMENTS (NE 191 ST A VENUE RIW) SUB-TOT AL $ DEMOLITION 4 225 REMOVE TYPE "D" CURB LF $ ).c;O $ 6 (p;). .50 5 350 REMOVE ASPHALT SY $ J I r6 $ SJ-S. CX5 6 REMOVE LANDSCAPE MEDIAN LS $ 107 L 00 $ 1011,DO AND CAP IRRlGATION LINES SUB- TOTAL $ ROADW A\' IMPROVEMENTS 7 350 12" STABILIZED SUBGRADE SY $;U D $ 7~5 .00 NE 191" Street Roadway & Drainage Improvements City of Aventura Bid No. 10-02-10-2 CTA Project No, 01-0103,123 Addendum N () 4 2/26/2010 00410 - ] To: Rober~ Delgado Fm:Onvia.com Inc 17:05 02/26/10 PG 003 8 325 8" LlMEROCK BASE SY $ ~.10 $ ~~J1.5D 9 300 2" ASPHALT (TYPE S-III) SY $ \ S .50 $ 4 (p S 0 0 06 10 2,470 MILL 1" OF ASPHALT SY $ \, %5 $ 4 .)~q . 50 11 2,470 INSTALL I" ASPHALTIC SY $ 1,35 $ I ~ I S ~ . Db CONCRETE (TYPE S-III), INCLUDING TACK COAT 12 6 REMOVE SIDEWALK AND EA S 5:>. b 0 DO $ 3 1;),,0 .06 CONSTRUCT ADA RAMP WI DETECTABLE WARNINGS 13 345 4' CONCRETE TRAFFIC LF $ '6,SD $)C\3~.50 SEPARATOR 14 ADJUST EXISTING UTILITY LS $ \ S DO 0 0 b $ I $ 00 ' tJ 6 COVERS TO PROPOSED GRADE 15 RESTORE EXISTING LOOP LS sl\aSD.6D $ tiqSO.W DETECTORS SUB-TOTAL $ S3DQ} .50 STORM DR.<\INACE 16 0 TYPE "C" 4'X4' MANWOl); EA SO.OO $0,00 17 0 24" RCP LF $0.00 SO.OO 18 0 4' X g' EXHL TR..UION TRE}JCH LF SO.OO $0.00 W!24" SLOTTED RCV 19 0 C<>>~IECT }IE\l/ DR..-\l}IAGE PIPE EA $0,00 $0.00 TO EXISTING DRJ.Rt~.GE HRUCTURE 20 0 DISSIMIU.R PIP); CO}~IECTIO~I EA $0,00 $0,00 21 0 PA VEMEN[ RESTOR..'\TION SY $0.00 $000 22 0 REMOVE 24" CMP DR..\INAGE LF $0.00 SO.OO pm; SUB- TOT AL $0.00 NE 191'1 Street Roadway & Drainage Improvements City of Aventura Bid No. 10-02-10-2 CTA Project No, 01-0103.123 Addendum No.4 2/26/2010 00410 - 2 To: Robert Delgado Fm:Onvia.com Inc 17:05 02/26/10 PG 004 PAVEMENT MARKINGS 23 40 SOLID TRAFFIC STRIPE (24" LF $ 3.10 $ (<-t~,o6 WHITE) (THERMOPLASTIC) 24 115 SOLID TRAFFIC STRIPE (12" LF $ \, ~ S $ d-1J..l S WHITE) (THERMOPLASTIC) 25 240 SOLID TRAFFIC STRIPE (8" LF $ \. 3S $ -3 :2 \.L Db WHITE) (THERMOPLASTIC) 26 1,110 SOUD TRAFFIC STRIPE (6" LF $ .10 $ lll, 00 WHITE) (THERMOPLASTIC) 27 315 SKIP TRAFFIC STRIPE (10'-30', 6" LF $ .10 $ ;).,:10,50 WHITE) (THERMOPLASTIC) 28 110 SKIP TRAFFIC STRIPE (6'-10',6" LF $ .1 b $ 71. D6 WHITE) (THERMOPLASTIC) 29 0 SOLID TRAFfiC HRIPE (Ill" LF $0.00 SO.OO YELLOW) (THERMOPLASTIC) 30 710 SOLID TRAFFIC STRIPE (6" LF $ ,1:5 $ S.1d.5O YELLOW) (THERMOPLASTIC) 31 11 DIRECTIONAL ARROWS EA $ 1 (j .00 $ 1/0 ' 66 (THERMOPLASTIC) 32 18 REFLECTIVE PA VEMENT EA $ 3.,5 $ S(o~lD MARKERS PERMANENT (HI-DIRECTIONAL) YELLOW /YELLOW 33 32 REFLECTIVE PAVEMENT EA $ ?>. IS' $ \ ob-ED MARKER PERMANENT (CLASS B) (BI- DIRECTIONAL)( CLEAR/RED) 34 TEMPORARY PAVEMENT LS $ {u-OO ,C()S \ \D 06.. D6 MARKINGS SUB-TOT AL $ S1--C\\~.lS NE 191 S1 Street Roadway & Drainage Improvements City of Aventura Bid No. 10-02-10-2 CTA Project No, 01-0103.123 Addendum NO.4 2/26/20 I 0 004 10 - 3 To: Robert Delgado Fm:Onvia.com Inc 17:06 02/26/10 PG 005 35 ALLOWANCE FOR CITY Of LS S 15,000 $15,000 AVENTURA POLICE DEPARTMENT PRESENCE (S40tHR) /2.(00 1'1-.2 S- iN TOTAL VALUE Of BASE BID $ =)1 C1 He n BID AL TERNA TE NO.1 - Pavement markings within FDOT (Biscayne Blvd.) Right-Of-Way 36 MAINTENANCE Of TRAfFIC FOR LS $ )C\OO .00$ ~q()b,b6 BISCAYNE BLVD. RIGHT-Of-WAY 37 235 REMOVE EXISTING SKIP LF $ 3 0 $ ld-~ _ )6 . t STRlPING PER FDOT REQUIREMENTS 38 135 SKIP TRAFFIC STRIPE (2'-4', 6" LF $ .1S $ to 1..15"" WHITE) (THERMOPLASTIC) 39 105 SKlP TRAFFIC STRIPE (2'-4', 6" Lf $ ,15 $ 1~,1S' YELLOW) (THERMOPLASTIC) TOTAL BID ALTERNATE NO. I $ 3 (j; Og .50 BID ALTERNATE NO.2 - Mill and Resurface within FOOT (Biscayne Blvd.) Right-Of-Way 40 MAINTENANCE OF TRAFFIC FOR BISCAYNE BLVD, RIGHT-Of-WAY LS $;1. q b D. DO $ ~ Cf 0 0 .6b 41 1,950 MILL I" OF ASPHALT SY $ ~. ~ b $ L\(o~O,DO NE 19] 51 Street Roadway & Drainage Improvements City of Aventura Bid No. 10-02-10-2 eTA Project No. 01-0103,123 Addendum No.4 2/26/2010 00410 - 4 To: Robert Delgado Fm:Onvia.com Inc 17:06 02/26/10 PG 006 ,II"'"'~ 42 1,950 INSTALL ]" ASPHALTIC SY $ \<--\,40 $ )gO~O.() b CONCRETE (TYPE FC-5 FRlCTlON COURSE WI RUBBER, PER FDOT), INCLUDING TACK COAT 43 400 SOLID TRAfFIC STRIPE (12" LF $ \ ' qS $ 1 i 0 ' 66 WHITE) (THERMOPLASTIC) 44 135 SKIP TRAfFIC STRIPE (2'-4', 6" LF $ .15 s lDl.)$' WHJTE) (THERMOPLASTIC) 45 105 SKIP TRAFFIC STRJPE (2'-4', 6" LF $ .l~ $ lZ,lS YELLOW) (THERMOPLASTIC) TOT AL 8lD AL TERNA TE NO, 2 $ ~ Co 5 ~o .06 BID AL TERNA TE NO.3 - NE 29th A venuelNE 190th Street Drainage Improvements 46 MAINTENANCE OF TRAFFIC FOR LS $ 3 ~ 0 b. bb $ 3 2) DO . CI) NE 29TH STREETI"NE ]90TH STREET DRAINAGE fMPROVEMENTS 47 3 TYPE M-4 DRAINAGE MANHOLE EA $1CoOo,06 $ I ~D()r66 48 6 TYPE M.5 DRAINAGE MANHOLE EA $ A~bO ,Ob $ \--;':20D.66 49 TYPE M-6 DRAINAGE MANHOLE EA $ ;1&fO,OQ $ ;2~ SO, tD 50 TYPE C-5 DRAINAGE INLET EA $ ~ \ () 0 ,DO $ ~ \ DO ' cD 51 TYPE }.6 DRAINAGE STRUCTURE EA $ ~t\ DO .00$ 3 q DO. 06 WfTYPE6 CURB INLET 52 6'X8' CONTROL STRUCTURE EA $ lDZ81.DO$ \D~gl.OO 53 411 24" HDPE DRAINAGE PIPE LF $ S ~ r DO $ ).?:> 0 $.0 .66 NE 19151 Street Roadway & Drainage Improvements City of Aventura Bid No, 10-02-]0-2 CTA Project No. 01-0103,123 Addendum NO.4 2/26/2010 00410 . 5 To: Robert Delgado Fm:Onvia.com Inc 17:06 02/26/10 PG 007 ,~ 54 912 4'X6' EXFILTRATlON TRENCH Wi LF $ ~ () . bb s 1 J. Cile O. Db 24" PERFORATED HDPE 55 1,1 ]9 36" HDPE DRAINAGE PIPE LF $ \ Db. $Q $ \\\QOO,OO 56 CORE DRILL AND CONNECT TO EA S(QSO.t6 $ \QS 0, D6 EXISTING DRAINAGE STRUCTURE 57 7 CONNECT NEW DRAINAGE PIPE EA $ \ro ,(1) $ \oSO ,00 TO EXISTING DRAINAGE STRUCTURE 58 REMOVE EXISTING DRAINAGE EA $ 2S0. D6 S .250.00 STRUCTURE 59 CORE DRILL EXISTING SEAWALL EA $ \ ~ S D. 06 $ I tSO ,0'0 AND EXTEND 36" OUTFALL 60 MANATEE SCREEN EA $ <&oo,D6 $ <too.DO 61 40 FLOATING TURBIDITY BARRIER LF $,~2~o6 $ U~O. Db 62 6,100 COMPLETE REST ORA nON, SY $35 .06 $ ;).. \ ~S ex) , W INCLUDING SIDEWALK, CURBING, ROADWAY, 8-FOOT ASPHALT PATH, SOD, IRRIGATION, ETC. 63 CONCRETE APRON EA $ C\ 0 ,S-O $ C\ 0 ,50 SUB-TOTAL $ L\"l- \ 011.50 NE 19151 Street Roadway & Drainage Improvements City of Aventura Bid No, 10-02-10-2 CTA Project No. 01-0103.123 Addendum NO.4 2/26/2010 004 10 - 6 To: Ruber+ Delgado Fm:Onvia.com Inc 17:06 02/26/10 PG 008 64 ALLOW ANCE FOR CITY OF A VENTURA POLICE DEPARTMENT PRESENCE ($40iHR) LS $20,000 $20,000 65 ALLOW ANCE FOR SOFT DIG LS $12,000 $12,000 TOTAL BID ALTERNATE NO.3 $ 5 b3 6Il_~6______ NOTE: CITY RESERVES THE RIGHT TO AWARD THE BID BASED ON AN EVALUATION OF EITHER THE BASE BID. BID ALTERNATES, OR A COMBINATION OF BASE BID AND BID ALTERNATES. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in p lace. 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 Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. Allowance Items will be paid based on the actual cost for each item. Any allowance item, or portion of an allowance item, that is not used shall be reconciled at the completion of the project and deleted from the Contract. NE 191 st Street Roadway & Drainage Improvements City of Aventura Bid No. 10-02-]0-2 CTA Project No. 01-0103.]23 Addendum No.4 2/26/2010 00410 - 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission DATE: March 19,2010 FROM: Eric M. Soroka, ICMA-CM, City SUBJECT: Resolution Approving Member to the Community Services Advisory Board April 6, 2010 City Commission Meeting Agenda Item S-p. An opening on the Community Services Advisory Board exists at this time. Commissioner Michael Stern's appointment moved to the Arts & Cultural Center Advisory Board. At this time, he is recommending Julie Greenberg Shapiro to fill the vacancy on the Board. Her application and resume are attached. EMS/act Attachment CC01685-10 """"'.v..v.v.,.. . ~...n v."'......., """" v h~",n. Llu",nu Potential board members must be registered voters who have resided in the City of A ventura for six (6) months immediately prior to an appointment to the Board. Applicants must have expressed interest and/or experience in landscape design and architecture, beautification projects, youth and/or senior citizen programs, recreation activities, culture and the arts. ~ Address: n enJu PI- 33/00 Home Phone:3(};1~3 3y1B-Email Address: 0u.tleS'nar\tD@JMI.l<)/V\ Business Name: Occupation: OW ref' Business Address: !rvertfuro.- Ua (I Business Phone: 3D '1S3'~~18 Fax: Qualifications: -- e "~ i v1 Av;' {/R ( 2 (Briefly describe the specific expertise and/or abilities you can contribute a ej(trNv\(l~ ji\v()lve6 1!'\~CV'Oftr ~CV\Q)) $l\Ce I~ l('Cf(2:h Df). J- o v.) (\ u:. (€tC(\ ~ blASlf\(~S a~ ~ mCH\ and M~ rtr1\ldJPV\ o~alj S())~ at 'J\J~(~a~~ralk, List community or civic involvement:~(~^ of A\;~if\1u( ~ CtU( 1e ( SX\OO\ '<) ~~ViSl)ryJxil(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 services and I will be subject to the requirements of the Sta~e of Florida Financial Disclosure Requirements. )J " ~~)(p D Sign t 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 2003-present: 2005-present 1992-2000 1992-1993 1993 1989 Julie Greenberg Shapiro 3035 NE 183 Lane, Aventura, FL 33160 JulieShapiro@aol.com Experience Chairperson & Vice Chairperson, A ventura City of Excellence School Advisory Council Owner/Operator, The Bead Factory Retail fashion jewelry kiosks located at A ventura Mall and Miami International Airport Attorney, Gaebe, Mullen, Antonelli, et al Handled hundreds of files from pre-suit through appeals. Clients included major insurance and Fortune 500 companIes. My practice specialized in employment discrimination, construction defect, and premises liability cases. Certified Legal Intern, Miami Dade State Attorney Janet Reno Assisted in prosecuting D. U. 1. cases. Education St_ Thomas University School of Law, Miami, FL Juris Doctor, cum laude. Class Rank: Top 5% Executive Editor, The St. Thomas Law Review Recipient of numerous AmJ ur Book A wards and merit scholarships. University of Florida, Gainesville, FL Bachelor of Arts, English Major Professional Licenses Member of the Florida Bar since 1993, Florida Certified Building Contractor from 1989-2005, State of Florida Real Estate License from 1987 to present. Personal Married to Craig Shapiro since 1994. Two sons, Jake & Sam RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of the Community Services Advisory Board; and WHEREAS, there presently exists a vacancy in the seven -member Board due to the resignation of Amit Bloom; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of Julie Shairo Greenberg to 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 the following individual to serve as a member of the Community Services Advisory Board for a term of one year: Julie Shapiro Greenberg Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: , who moved , and upon being Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010-_ Page 2 PASSED AND ADOPTED this 6th day of April, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPRH;;;::" l GAL SUFPlfIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT BY: Joanne Carr, AICP Community Developme TO: City Commission FROM: Eric M. Soroka, IC City Manager DATE: January 26,2010 SUBJECT: Request of CompUSA for Appeal of Administrative Determination relating to the exterior wall sign at 17651 Biscayne Boulevard, City of Aventura (01-APP-10) ->~ April 6, 2010 City Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission confirm, by resolution, staff's interpretation that the exterior wall sign, "CompUSA PCs, TVs and More!", proposed by the applicant is a prohibited sign pursuant to Section 31-191(c)(3) of the City Code which does not allow signs that display products and services as opposed to the business name, and that the appeal be denied. THE REQUEST The applicant is requesting that an exterior wall sign, "CompUSA PCs, TVs and More!" be permitted because it does not "display" any products within the name and that the name is the legal name of the entity. The request for appeal is attached as Exhibit #1. BACKGROUND Owner of Property JLP Aventura LLC Applicant CompUSA Retail Inc. by I. Barry Blaxberg, attorney Address of Property 17651 Biscayne Boulevard, City of Aventura (See Exhibit #2 for Location Map) 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: B2, Community Business District B2, Community Business District City of North Miami Beach CNS, Conservation District and RMF3,Multifamily Medium Density Residential District B2, Community Business District Retail Plaza Retail Plaza Office Building (City of North Miami Beach) Water and Residential Retail Building Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: HISTORY Business and Office Business and Office Mixed Use (City of North Miami Beach) Water and Medium-High Density Residential Business and Office Section 31-191(c)(3) of the City Code prohibits signs that display products and services as opposed to the business name. Staff has historically interpreted this prohibition to mean that the company name can be displayed but not specific products and services in the signage. An example of a recent staff denial of a sign displaying products and services is Ocean Prime at the Aventura Mall. This restaurant is permitted an exterior wall sign because it is a mall tenant that has direct exterior access. It requested the words "Fish, Steak, Cocktails" in its signage. This request was denied based on the Code prohibition against signs displaying products and services. The permitted wall sign reads the business name only - "Ocean Prime". The registration of a dba (doing business as) name with the State or registration of a trademark with products and services in that registration has also historically been determined by staff not to supersede the provisions of the City Code. In this case, CompUSA Retail Inc. has provided evidence of a fictitious name registration of "CompUSA PCs TVs and More!. This fictitious name does include the specific products of the business, namely, PCs and TVs. It applied for a sign permit with this dba name and was denied. The applicant then revised its permit request to "CompUSA". This sign was permitted by City Building Permit No. BL09-1960 issued in November, 2009. 2 The matter has been discussed through telephone conversations and emails between staff, the President of the company, its attorney and the City Attorney since October of 2009. The company's attorney argued that the sign does not "display" products and services because a sign cannot have products and services physically on display. The City Attorney responded that the definition meaning of "display" would include words on a sign and did not extend to mean that the actual products and services would need to be physically on exhibit on the sign in order to be prohibited. The company's attorney also argued that staffs interpretation was overly broad because the name "CompUSA PCs TVs and More!" was the legal name of the entity. As stated above, staff's historical interpretation is that a trademark or fictitious name filing with the State does not supersede the City Code and cannot be filed to circumvent the Code. Trademark and fictitious name filings do not require City review prior to approval. The applicant has argued that the City has allowed signs for Bed Bath & Beyond, which displays products and services. Staffs response was that all business names confer the nature of the business and that if Bed Bath & Beyond filed a fictitious name registration with the state of "Bed Bath & Beyond - Kitchenware, Bedding & More!", that sign name would not be approved because it now displays specific products and services. Likewise with CompUSA, it is obvious from the name what they sell but adding "PCs TVs and More" to the wall sign would result in displaying specific products and services as prohibited by our sign code. They were also concerned with a wall sign for an establishment on Biscayne Boulevard directly across from their tenant space. It is a mattress store that had a permitted sign of "Mattress Mall" permitted by City permit in 2007. The new owner of the store is "Mattress Land", That new owner removed the word "Mall" from the sign so that it now reads only "Mattress"; the product or service of the business. It was advised by the City on October 15, 2009 to display the complete business name of "Mattress Land" but has not done so to date. The City's Code Compliance Office has issued a Notice of Warning and a Notice of Violation to that business requiring the owner to properly reinstate the wall sign. The President of the company advised that they had stores in Coral Gables and Pembroke Pines and that those cities had allowed the requested sign of "CompUSA PCs TVs and More!". The City Attorney's office researched the sign codes for both of those cities and found that they did not contain the same prohibition against products and services in sign names as found in the City of Aventura Code. The President of the company then wrote the email attached as Exhibit #3 to the City Manager expressing his displeasure with staffs interpretation and listed other business signs that he feels list products and services in their names. One of the stores mentioned in that email and also mentioned in the attorney's letter requesting the appeal is "Five Guys Burgers & Fries". Staff advised by return email that many of the signs 3 signs referred to are signs internal to the regional mall, including the Five Guys Burgers & Fries and that our City's sign code does not regulate content of interior regional mall wall signs. In order to accommodate this valued new business in our City, staff offered as an alternative to their requested sign, a sign reading "CompUSA & More", This sign would show their customers that they sell more than computers but would not display the specific products in contravention of our sign code. The President of the company also expressed concern in the attached email that there was no means of telling customers that his business was open at this location. Staff advised him that the City Code allows a grand opening banner for 14 days following issuance of the Local Business Tax Receipt in size and content prescribed by the sign code. Staff Determination/Interpretation of City Code The applicant requested an exterior wall sign on its tenant frontage that read "CompUSA PCs TVs and More!". Staff has determined that this sign includes products and services, namely, PCs and TVs. Signs displaying products and services as opposed to the business name are prohibited by Section 31-191(c)(3) of the City Code. In staffs opinion, filing of a fictitious name or trademark that includes products and services cannot operate to circumvent the City's Sign Code. The permit application for a wall sign "CompUSA PCs TVs and More!" was therefore denied by City staff. The applicant amended the permit application to a wall sign reading "CompUSA". That permit application was approved and issued. Staff's written determination to the applicant dated December 1, 2009 is attached as Exhibit #4. The Appeal Process Section 31-83(a) of the City's Land Development Regulations (the LDRs) provides for appeals from the decisions of decision-making and administrative bodies having development approval authority under the LOR or from any written order, requirement, decision, determination or interpretation made by an administrative official in the enforcement of the LDRs. Any applicant wishing to appeal any such order, requirement, decision, determination or interpretation shall file an application and notice of appeal with the City Manager within 15 days of the date of such determination. The City Manager schedules the application for public hearing and submits the application along with staff's report and recommendation to the City Commission. At the public hearing, the City Commission shall review the application and report, consider evidence and testimony presented at the hearing and issue a written decision and order either granting the relief sought, with or without conditions, or denying the appeal. Staffs written determination was issued by email dated December 1, 2009. The appeal from the applicant's attorney was received on December 7,2009, within 15 days from the date of the staff determination. 4 Public Notice Section 31-71(e) of the City's Land Development Regulations contains the provisions for public hearing and notice procedures. This section requires that all public hearing and notice requirements be provided in accordance with the provisions of Florida Statutes Section 163.3184(15) for a change to the adopted Future Land Use Map and in accordance with Florida Statutes Section 166,041 for adoption of ordinances and resolutions and the City's quasi-judicial legislation. The Florida Statutes sections regulate the size, number and timing of published notice. The City Code section provides as follows: · Notice of the time and place of the public hearing describing the nature of the application and street address of the property is to be published in a newspaper of general circulation in the City not less than ten (10) days prior to the public hearing. · A courtesy notice containing substantially the same information in the published notice may be mailed to property owners of record located within a radius of 300 feet of the property described in the application or such greater distance as the City Manager may prescribe; however, failure to mail or receive such courtesy notice shall not affect action or proceedings taken under this section, · The property is to be posted no later than ten (10) days prior to the hearing in a manner conspicuous to the public by a sign or signs containing information concerning the application including the applied for zoning action and time and place of the hearing. · All costs of advertising, mailing and posting is to be paid by the applicant. For this application for appeal of administrative determination, the following public notice was made: · An advertisement was placed in the Daily Business Review newspaper on January 21,2010. · Courtesy notice was mailed to 361 property owners within a 300 foot radius of the unit on January 22,2010. The applicant submitted a notarized list of property owners, a radius map showing all properties within 300 feet and mailing labels. · A property posting sign was erected on the !3iscayne Boulevard frontage of the store on January 22, 2010. The newspaper advertisement, property posting sign and courtesy mailing notice satisfies the procedures for public notice in Section 31-71 (e) of the City Code. The applicant has paid to the City a deposit of $1,000 to cover the cost of these public notices. 5 LAW OFFICES BLAXBERG, GRAYSON & KUKOFF PROFESSIONAL ASSOCIATION SUITE 730, INGRAHAM BUlLDNG 25 SOlJTHEAST SECOND AVENUE MIAMI, FLORIDA 33131-1506 TELEPHONE (305)381-7979 FACSIMILE (305) 371-6816 J. BARRY BLAXBERG WRITER'S DIRECT LINE: 305-381-7979 EXT. 309 E-MAIL: nA.HHY.lll.AXHKI~G(u;nLAXIJRAY.COM December 4, 2009 Eric M. Soroka, City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Exhibit 1 01-APP-l0 Re: CompUSA pes, TVs and More Signage Our File No: 3000-11 Dear Mr. Soroka: This law firm is General Counsel to CompUSA PCs, TVs and More. This letter will serve as an appeal to the City Commission of the determination made by staff to refuse issuance of a permit for signage for our client which would display the company's name "CompUSA PCs, TVs and More", The appeal is requested pursuant to Section 31-83 of the Aventura City Code. A check in the amount of $1,000,00 payable to the City of Aventura for the Administrative Appeal fee is enclosed. It is our client's contention that the. decision by staff was in error and that the signage does not violate Aventura City Code Section 31-191(c) because the name does not "display" any products within the name and in any event, the name is the legal name of the entity which operates at the referenced location. We also believe that the determination by staff represents uneven enforcement of the law since even if the staffs interpretation of the application of Code Section 31- 191(c) is correct, it is not applying the ordinance to every applicant in the same manner and it is permitting signage descriptive of products of other businesses in the City such as "Five Guys Burgers and Fries". At your earliest convenience, would you please provide us with reasonable notice concerning the hearing schedule regarding this subject. IBB/martinez/2669 Cc: David M. Wolpin, Esq. CompUSA PC's, TV's and More ,very 71~!~rS, ~;~~4J RECEIVED DEe 07 2009 OFFICE OF THE CITY MANAGER BROWARD COUNTY ..-.-.-.-. DADE COUNTY :. .. ;- '. , ,. ,. :. :. :. :. :. :. :. .. ,. :. .. :. :. I ' -.-.- ~...l.. ..... n "I"r ......: . . . . . :-...., ft................ ....... ...___ YACHT CLUB DR Gulfstream MARINA Park COVE HARBOR CIRCLE ~ \J'J"''1 \Nt. ...-/ 207 ST. IVES DAIRY RD. c:i > -.J Q) 2: ~ LU () o 1 92 ST. MIAMI . GARDENS DR. c:i > -.J Q) :;a- ~ UJ () o A1 . Atlantic Ocean LEGEND e Maule Roadways Lake City Boundary ." ...... ----- ZIP Code Boundary Railroad Exhibit 2 01-APP-I0 From: Terry .Perrin@CompUSA.com [mailto:Terry .Perrin@CompU5A.com] Sent: Tue 11/24/2009 7:12 AM To: Eric M. Soroka; Susan Gottlieb Cc: zauerbach; bdiamond; tholzberg; bjoel; mstern; Iweinberg Subject: City Of Aventura City of Aventura, I am writing to convey my displeasure with the City of Aventura. I am the President of CompUSA which is a subsidiary of Systemax (SYX) which also owns Tigerdirect and Circuit City among other brands. During these tough economic times we have been on an aggressive expansion track while opening stores in Florida as well as many other parts of the country, ! must say that the store I just opened in Aventura was by far the most painful as any I have done in my career. It seems that the city has no compassion for any businesses small or large with the red tape and ludicrous rules that are in place. First came the business license process, We have a registered name of "CompUSA PC's TV's and more" We put our license under this name and it was deemed unacceptable, Then came the sign permit, It seems that the city does not allow the use of signs where the business advertises the products it sells in the name, Really? There is a Mortons Steak right next to me. They sell steaks. There is a Red Lobster. I bet there are lobsters on the menu. Do you think mattress giant sells mattresses? In Aventura mall there is a Yankee candle. I bet there are candles for sale! Do you think Cheesecake Factory sells Cheesecake? LUCKY BRAND DUNGAREES Do they sell dungarees? TRUE RELIGION BRAND JEANS Do they sell jeans? FIVE GUYS BURGERS and FRIES Think they sell Burgers and Fries? CHARLEY'S GRILLED SUBS Can we get a sub? SHRIMP MARKET I bet they have Shrimp! CHICKEN KITCHEN Chicken anyone? MRS. FIELD'S ORIGINAL COOKIES Chocolate chip? LUGGAGE & MORE Need Luggage? CIGAR BOX You Smoke? AVENTURA'S FINEST CAR WASH Think they wash cars>? TODD'S TICKETS Think they sell any tickets? We have opinions from our attorneys that we will ultimately succeed in court and now we will both spend precious dollars litigating this issue. Is this what you are trying to accomplish? Then we are told there is basically no means of telling the Aventura residents that we are open for business, We use sign walkers all over Dade County, Broward County and the country. They are the most productive way with tremendous results. You don't allow it. We have half of our sign because you don't allow the rest of our sign, You don't allow banners in the front to announce "We are open". Tell me, how do you propose we advertise that we are open for business. In the first week open we did 1/3 of the business we have done in other locations even with less traffic than we have on Biscayne Blvd. No one knows the economic climate better then you all as city leaders, You all know the budget challenges you have along with every business in this country. Here you have a company that is growing their business in these rough times and yo~ as a city are hindering our efforts instead of supporting the growth, We had another location scheduled for Aventura. We have eliminated that. We have an out in our lease after 6 months if we do not reach revenue goals. At this point I don't even want to be in the city. After personally visiting with other businesses in the area it seems that you have a lot of disgruntled business owners. I would suggest that you go out and visit the people that make up your business community and get the feedback that will enable you all to make changes which will invite business to come to Aventura instead of deterring them as you have done to us. Terry Perrin President CompUSA 305-415-2407 Exhibit 3 01-APP-10 From: Joanne Carr [mailto:CarrJ@ch.,,,,iaventura.com] Sent: Tuesday, December Ol, 2009 2:24 PM To: Terry Perrin Cc: Eric M. Soroka; David M. Wolpin Subject: Aventura CompUSA store Good afternoon Mr. Perrin Further to our telephone conversation this morning, this is to advise that the City considers a sign reading "CompUSA PCs, TVs and More" is a sign that displays products and services in contravention of City Code Section 31-191(c). We have offered as an alternative a sign reading "CompUSA & More" which will show your customers that you sell more than computers but will not display the specific products. You have requested that I advise you as to the method of appeal of staffs administrative interpretation of the Code as it relates to your requested sign. You may appeal by way of letter to the City Manager. The appeal will then be scheduled for the next available City Commission meeting. The fee for an administrative appeal is $1,000. The appeal procedure is regulated by Section 31-83 of the City Code. I would also like to point out for your consideration that many of the signs that you refer to in your emaiJ of 11/24/09 are signs internal to the regional mall. Section 31-191 (g)(8) of the City Code provides that those internal mall signs are not required to comply with the sign regulations but must obtain a building permit for installation. Joanne Carr, AICP Community Development Director City of A ventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 12/2/2009 Exhibit 4 01-APP-l0 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY OF A VENTURA, FLORIDA, CONCERNING AN APPEAL PURSUANT TO SECTION 31- 83 OF THE CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO THE WALL SIGN AT 17651 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, I. Barry Blaxberg, counsel to CompUSA Retail Inc., through Application No. 01-APP-10, has made application under Section 31-83(a) of the City Code to appeal the decision, determination or interpretation of the City's Community Development Director dated December 1, 2009 that the applicant's permit application for a wall sign reading "CompUSA PCs, TVs and More!" is a sign prohibited by Section 31- 191 (c) of the City Code because it displays products and services in contravention of the Code; and WHEREAS, the City Commission has held the required public hearing, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application for appeal and has considered the testimony of all interested parties at the public hearing, and has determined to grant/deny1 the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the application for appeal of the written decision, determination or interpretation made by the City's Community Development Director dated December 1, 2009 is hereby granted/denied . Section 2. Effective Date. That this Resolution shall be effective immediately upon 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb 1 Language in bold italics indicates a decision to be made by the City Commission at public hearing. Resolution No. 2010- Page 2 PASSED AND ADOPTED this 2nd day of March, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 3rd day of March, 2010. CITY CLERK CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission /', BY: Brian K. Raducci, Finance Director DATE: March 16, 2010 SUBJECT: Mid-Year Ordinance Amending 2009/10 Budget 1st Reading April 6, 2010 City Commission Meeting Agenda Item 1 A 2nd Reading May 4, 2010 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2009/10 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you are aware, the City normally amends the budget to recognize actual fund balance amounts carried over based on the prior year's audit. In addition, budget amounts are amended to re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re-appropriate unspent capital accounts and to recognize the actual fund balances at September 30, 2009 to the 2009/10 budget was also discussed in my memorandum dated March 16th which was distributed to the Commission along with the CAFR. GENERAL FUND (001) REVENUES/EXPENDITURES - $1,269,201 To recognize additional Carryover to fund the two (2) items described below. 1. To re-appropriate $1,289,994 worth of capital outlay projects which were not 100% complete by the end of the prior fiscal year (e.g., computer equipment and other equipment - $254,034, radio replacements - $135,960, transportation system improvements $900,000). 1 2. To decrease Non Departmental/Transfers by $20,793 in order to recognize actual fund balances in the three-related debt service funds, based on the prior year's audit. POLICE EDUCATION FUND (110) REVENUES/EXPENDITURES - $10,733 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit. STREET MAINTENANCE FUND (120) REVENUES/EXPENDITURES - ($151,394) To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit. This also results in a decrease in the capital reserve line item. POLICE CAPITAL OUTLAY IMPACT FEE FUND (140) REVENUES/EXPENDITURES - ($2,053) To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit. This also results in a decrease in the capital reserve line item. PARK DEVELOPMENT FUND (170) REVENUES - $350,930 To recognize additional Carryover to fund the two (2) items described below. PARK DEVELOPMENT FUND (170) EXPENDITURES - $350,930 1. To re-appropriate $288,028 related to Veterans Park Improvements which were not 100% complete by the end of the prior fiscal year. 2. To re-appropriate $62,902 in Capital Reserve, based on the prior year's audit 911 FUND (180) REVENUES/EXPENDITURES - $65,793 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit. DEBT SERVICE FUND SERIES 1999 (230) REVENUES - $15,059 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively. 2 DEBT SERVICE FUND SERIES 2000 (240) REVENUES - $5,709 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively. DEBT SERVICE FUND SERIES 2002 (250) REVENUES/EXPENDITURES - $25 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 3 Exhibit A FY 2009/10 Budget Amendments Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 15,634,173 15,634,173 1,269,201 1,269,201 1,269,201 16,903,374 16,903,374 Expenditures Capital Outlayllnformation TechnoloQY (8012-513) 6401 Computer Equipment>$5,OOO 6402 Computer Equipment<$5,OOO 6410 Equipment>$5,000 SUBTOTAL 276,720 143,273 413,993 5,155 11, 155 15,000 15,000 163,428 440,148 16,000 23,000 27,466 144,314 135,960 351,567 179,426 518,881 44,000 44,000 44,000 44,000 3,140 51,740 900,000 1,933,380 903,140 1,985,120 (15,059) 1,347,459 (5,709) 507,046 (25) 404,120 (20,793) 2,258,625 1,269,201 270,720 6,000 Capital Outlay/Public Safety (8020-521) 6401 Computer Equipment>$5,OOO 6402 Computer Equipment<$5,000 6407 Radio Purchase & Replace, SUBTOTAL 7,000 116,848 215,607 339,455 Capital Outlay/Community Development (8040-524) 6401 Computer Equipment>$5,OOO SUBTOTAL Capital Outlay/Community Services (8050-539/541) 6410 Equipment>$5,000 6341 Transportation System Improvements SUBTOTAL 48,600 1,033,380 1,081,980 Non DepartmentallTransfers (9001-581) 9123 Transfer to 1999 Debt Service Fund (230) 9124 Transfer to 2000 Debt Service Fund (240) 9125 Transfer to 2002 Debt Service Fund (250) SUBTOTAL Total Amendments - Expenditures 1,362,518 512,755 404,145 2,279,418 Page 1 of 4 Exhibit A POLICE EDUCATION FUND (110) Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 3,000 3,000 10,733 10,733 10,733 13,733 13,733 Expenditures Public Safety (2001-521) 5450 Training SUBTOTAL Total Amendments - Expenditures 10,000 10,000 10,733 10,733 10,733 20,733 20,733 TRANSPORTATION AND STREET MAINTENANCE FUND Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 215,000 215,000 (151,394) (151,394) (151,394) 63,606 63,606 Expenditures Community Services (5001-541) 6305 Road Resurfacing 6999 Capital Reserve SUBTOTAL Total Amendments - Expenditures 625,000 40,000 665,000 (111,394) (40,000) (151,394) (151,394) 513,606 513,606 Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues (2,053) (2,053) (2,053) 16,337 16,337 18,390 18,390 Expenditures Non Departmental (9001-590) 6999 Capital Reserve SUBTOTAL Total Amendments - Expenditures (2,053) (2,053) (2,053) 16,837 16,837 18,890 18,890 Page 2 of 4 Exhibit A Non-Revenue 3999000 Carryover 140,000 350,930 490,930 SUBTOTAL 140,000 350,930 490,930 Total Amendments - Revenues 350,930 Expenditures Community Services 6206 Veterans Park Modifications 288,028 288,028 SUBTOTAL 288,028 288,028 Non DeoartmentallTransfers (5001-572) 6999 Capital Reserve 140,000 62,902 202,902 SUBTOTAL 140,000 62,902 202,902 Total Amendments - Expenditures 350,930 Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 57,423 57,423 65,793 65,793 65,793 123,216 123,216 Expenditures Public Safety (2001-521) 6999 Capital Reserve SUBTOTAL Total Amendments - Expenditures 36,423 36,423 65,793 65,793 65,793 102,216 102,216 Page 3 of4 Exhibit A DEBT SERVICE FUND SERIES 1999 Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL Total Amendments - Revenues 1,362,518 (15,059) 15,059 1,347,459 15,059 1,362,518 1,362,518 DEBT SERVICE FUND SERIES 2000 Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL Total Amendments - Revenues 512,755 (5,709) 5,709 507,046 5,709 512,755 512,755 DEBT SERVICE FUND SERIES 2002 CHARTER SCHOOL LAND ACQUISITION (250) () E U Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL Total Amendments - Revenues 404,145 (25) 25 404,120 25 404,145 404,145 Page 4 of 4 ORDINANCE NO. 2010-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2009/2010 FISCAL YEAR BY REVISING THE 2009/2010 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 Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2009/2010 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. 2009-17, which Ordinance adopted a budget for the 2009/2010 fiscal year, by revising the 2009/2010 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Ordinance No. 2010- Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1,2009. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner Stern and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner l 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 6th day of April, 2010 2 Ordinance No. 2010- Page 3 PASSED AND ADOPTED on second reading this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENp\ H;h It--h CITY ATTORNEY 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Cit TO: City Commission DATE: March 10, 2010 SUBJECT: Ordinance Amending 2009/10 Charter School Fund Budget 1st Reading April 6, 2010 City Commission Meeting Agenda Item rzf3> 2nd Reading May 4,2010 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2009/10 Charter School Fund Budget. The total amount of the amendment is $237,000. BACKGROUND The attached document has been prepared as a clean-up amendment prior to the end of the fiscal year on June 30,2010. The following is a summary of the amendments: REVENUES 1. Recognizes $99,000 in unanticipated revenue from the completion of a capital construction fund. 2. Recognizes $38,000 in unanticipated revenue associated with the State's Merit Award Program (MAP) for teachers. 3. Recognizes $100,000 from reserve funds allocated from funds available from the prior fiscal year. EXPENDITURES 1. Provides $38,000 for bonuses for teachers as provided by the State's Merit Award Program (MAP). Memo to City Commission Page 2 2. Provides $199,000 to complete the close out of the additional classroom project that overlapped in this fiscal year, but was budgeted in the prior fiscal year. If you have any questions, please feel free to contact me. EMS/act Attachment CC01684-10 EXHIBIT A Budget Amendments CHARTER SCHOOL FUND 190 State Shared Revenues 3359100 Florida Education Finance Program 5,577,400 38,000 5,615,400 SUBTOTAL $ 5,577,400 $ 38,000 $ 5,615,400 Other Non-Revenue 3811039 Transfers In $ $ 99,000 $ 99,000 3999000 Beginning Surplus 120,000 100,000 220,000 SUBTOTAL $ 120,000 $ 199,000 $ 319,000 .......... . ......... . Total Amendments-Revenues $: .......... . . 231 000 . . ~~H~n. : ':':~':" :'.~. Expenditures K-3 1502 Bonuses $ 42,000 $ 17,000 $ 59,000 SUBTOTAL $ 42,000 $ 17,000 $ 59,000 4to 8 1502 Bonuses $ 50,000 $ 21,000 $ 71,000 SUBTOTAL $ 50,000 $ 21 ,000 $ 71,000 Capital Outlav 6307 Buildings charter school construction $ 1,600,000 $ 199,000 $ 1,799,000 SUBTOTAL $ 1,600,000 $ 199,000 $ 1,799,000 /" Total Amendments-Expenditures ..~.. .......... . ........... . .......... . ..~~r;~()p. ORDINANCE NO. 2010-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2009/201 0 (JULY 1 - JUNE 30) BY REVISING THE 2009/2010 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; 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 Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2009/2010 Operating and Capital Budget of the Aventura City of Excellence School 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. 2009-11, which Ordinance adopted a budget for the 2009/2010 fiscal year for the Aventura City of Excellence School by revising the 2009/2010 budget as Ordinance No. 2010- Page 2 set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. 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 lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb 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 lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb 2 Ordinance No. 2010-_ Page 3 PASSED AND ADOPTED on first reading this 6th day April, 2010. PASSED AND ADOPTED on second reading this 4th day of May, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVM;;F ICIENCY: f" CITY ATTORNEY 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, I City Manager TO: City Commission BY: Joanne Carr, AIC Community Developm DATE: March 23, 2010 SUBJECT: Revision to City Code repealing Division 2 of Article III of Chapter 34, Temporary Political Signs and amending Article IX of Chapter 31, Sign Code, to enhance compliance with recent case law (02-LDR-09) March 2, 2010 March 2, 2010 April 6, 2010 Local Planning Agency Item 4 City Commission Meeting Agenda Item 7 City Commission Meeting Agenda Item 1l. This item was recommended to the City Commission by the Local Planning Agency at its meeting of March 2, 2010. It was then passed on first reading by the City Commission on March 2, 2010. Staff is recommending approval of two additions to the ordinance passed on first reading. The first addition is to include a changeable copy sign in the definition of a government instructional sign. The second addition is to the definition of off-premises sign to clarify that a government instructional sign and temporary community service/special event signs are not considered off-premises signs. The ordinance presented for second reading contains these two additions. ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING DIVISION 2 "TEMPORARY POLITICAL SIGNS" OF ARTICLE III, SIGN CODE, OF CHAPTER 34 "PLANNING AND ZONING" OF THE CITY CODE AND AMENDING ARTICLE IX OF CHAPTER 31 "SIGN REGULATIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, CHAPTER 31 OF THE CITY CODE TO CLARIFY AND AMEND EXISTING REGULATIONS OF SIGNS WITHIN THE CITY SO AS TO ENHANCE COMPLIANCE WITH RECENT CASE LAW AND TO REPEAL EXISTING REGULATIONS OF TEMPORARY POLITICAL SIGNS AND PROVIDE FOR THEIR REGULATION ELSEWHERE IN THE LAND DEVELOPMENT CODE; 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 amend existing regulations of signs within the City so as to enhance compliance with recent case law; and to repeal existing regulations of temporary political signs and to provide for their regulation elsewhere in the Land Development Regulations; and WHEREAS, the City is required to adopt sign regulations as part of its Land Development Regulations pursuant to the Growth Management Act, Part II of Chapter 163, Florida Statutes; and WHEREAS, the City's legislative intent in adopting these sign regulations is not to censor speech, but rather to provide for the public welfare by regulating the size, type, location and appearance of signage in the City in a manner that enhances the aesthetics of the community, reduces visual pollution, provides clear information regarding the location and identity of businesses, residences, and other uses in the community, and minimizes distractions to drivers in the interests of traffic safety; 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 proposed amendments pursuant to a 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 Ordinance No. 2010 - Page 2 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 and in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing "Whereas" clauses are ratified and confirmed as being true, correct and reflective of the legislative intent underlying this Ordinance and are hereby made a specific part of this Ordinance. Section 2. Amendment. Division 2. "Temporary Political Signs" of Article III, "Sign Code" of Chapter 34 "Planning and Zoning" of the City Code, is hereby repealed in its entirety as follows 1: "ARTICLE III. SIGN CODE DIVISION 2. TEMPORARY POLITICAL SIGNS* Sec. 31 61. Purpose of ::uticle. This article sh311 govern the inst3113tion, m3intenance 3nd displ3y of temporary politic31 signs in the City. Sec. 31 62. Definitions. The following ':lords, terms and phr3ses, '.'{hen used in this 3rticle, shall have the meanings 3scribed to them in this section, except lJ.'here the context cle3rly indic3tes 3 different me3ning: Tempor3ry poHtIc3/ sIgn means 3ny sign 'I.'hich 3dvoc3tes or suggests to the reader th3t he vote for or against, endorse or not endorse, contribute or not contribute to, or other.vise support or refr3in from supporting in 3ny W3Y 3ny proposition to be voted upon by the public or 3ny individual seeking election or appointment to 3 p3rticul3r position or office. The term sh311 31so include 3ny sign which decl3res or affirms support or endorsement for 3ny proposition to be voted on by the public or 3ny individu31 seeking election or 3ppointment to 3 p3rticular position or office. Sec. 31 63. Loc3tion 3nd inst3l1otion; size and number; time period; bond requirements. (3) P!{;lOomont on right of VIQY or othor pub.lfc proporty. No tcmpor3ry political sign sh311 be placed on public rights of '....a.y or on property owned or used by the City. (b) Placemont on WlO:mt .lot; p!{1comont on uti.lity p%s, t....3ffic signs, otc. No temporary political sign shall be placed upon any unimproved lot without the '.witten consent of the property OlJmer filed with the City Clerk prior to posting of the sign, or upon :my public utility pole 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 20~ 0 - - Page 3 ~-'~ . ~: . . . :: i ~~~i~: ~::: ~;;~;:;~'uu.:::::::~~~;; ~~~~:;:':6~~~=~a~= Ordinance No. 2010 - Page 4 (n) Copy of 3rtic!e to be fl:Jmfshed to c3ndfdates. The City Man3ger or his designee shall furnish a copy of this 3rticle to 311 qU31ifying candid3tes, who sh311 sign 3nd d3te an acknowledgment of receiving the document. Sec. 31 61. Removal of improper signs. (3) Gener;]Uy. Any temporary politic31 sign not posted in 3ccord3nce ':lith the pro'.'isions of this 3rticle, 3nd 3ny such sign which exists in '.'iol3tion of this article, shall be deemed to be public nuis3nce 3nd sh311 be subject to removal by tho c3ndid3te, the property owner or the City. If the City removes the sign 3S a bst resort, the City M3nager or his designee shall deduct the cost ::md expense of removal from the posted c3sh bond. (b) Emergoncy romo'I;]!. Notwithstanding subsection (a) of this section, the City M3n3ger may C3use the immediate remov31 of 3ny sign that constitutes a nuis3nce or poses 3n immedi3te danger to the he3lth, s3fety or welbre of the community. City personnel may enter onto premises, with or without the property owner's consent, for emergency remov31. Sec. 31 65. Enforcement; penalty. Any person who viol3tes 3ny provisions of this 3rticle sh311, upon conviction, be punished by 3 fine not to exceed $500.00, or imprisonment in the County j3il not to exceed 60 d3Ys, or both such fine 3nd imprisonment. E3ch d3Y th3t 3 viol3tion continues shall be deemed 3 sep3r3te viol3tion. This 3rticle sh311 be subject to enforcement under the LOC31 Government Code Enforcement Act, F.S. ch. 162. Enforcement may 31so be by suit for decl3r3tory, injunctive or other 3ppropriate relief in 3 court of competent jurisdiction. Section 3. Amendment. Article IX. "Sign Regulations" of Chapter 31, Land Development Regulations is hereby amended to read as follows2: ARTICLE IX. SIGN REGULATIONS Sec. 31-191. Sign regulations generally. (a) Intent and purpose. The purpose of this section is to promote and protect the public health, safety and general welfare by regulating existing and proposed signs and other street graphics within the City. In particular, this section is intended to preserve the unique aesthetic character of the City and ensure that signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Commission that the nature of signs is to provide an index to needed goods and services. It is the intention of this section to control those signs and to authorize the use of signs that are: (1) Compatible with their surroundings. (2) Expressive of the identity of individual proprietors or of the community as a whole. (3) Legible under the circumstances in which they are seen. 2 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 2010 - Page 5 (4) Effective in indexing the environment. (5) Conducive to promoting traffic safety by preventing visual distraction. (b) Aoo/icabilitv. No sian shall be erected or maintained in the City, except in accordance with the provisions of this article. (c) Substitution. It is not the purpose of this article to reaulate or control the COpy, content or viewpoint of sians. Nor is it the intent of this article to afford areater protection to commercial speech than to noncommercial speech. Anv sian. displav or device allowed under this article may contain, in lieu of any other COpy, any otherwise lawful noncommercial messaae that complies with all other requirements of this article. The noncommercial messaae may OCCUpy the entire sian area or any portion thereof, and may substitute for or be combined with the commercial messaae. The sian messaae may be chanaed from commercial to noncommercial, or from one noncommercial messaae to another, as freQuentlv as desired bv the sian's owner, provided that the sian is not prohibited and the sian continues to complv with all requirements of this article. (d) Severabilitv. (1) Generallv. If any part, section. subsection. paraaraph, subparaaraph. sentence, phrase. clause. term, or word of this article is declared unconstitutional bv the final and valid iudament or decree of any court of competent iurisdiction. this declaration of unconstitutionalitv or invaliditv shall not affect any other part. section, subsection, paraaraph. subparaaraph, sentence, phrase. clause, term, or word of this article. (2) Severabilitv where less soeech results. This subsection shall not be interpreted to limit the effect of subsection (1) above. or any other applicable severabilitv provisions in the Code or any adoptina ordinance. The city commission specificallv intends that severabilitv shall be applied to these sian reaulations even if the result would be to allow less speech in the city, whether bv subiectina currentlv exempt sians to permittina or bv some other means. (3) Severabilitv of orovisions oertainina to orohibited sians. This subsection shall not be interpreted to limit the effect of subsection (1) above. or any other applicable severabilitv provisions in the Code or any adoptina ordinance. The city commission specificallv intends that severabilitv shall be applied to Section 31-191(f) "Prohibited sians," so that each of the prohibited sian tv pes listed in that section shall continue to be prohibited irrespective of whether another sian prohibition is declared unconstitutional or invalid. (4) Severabilitv of orohibition on off-oremises sians and commercial advertisina sians. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severabilitv provisions in the Code or any adoptina ordinance. If any or all of Article IX. "Sian Reaulations" or any other provision of the City's Code is declared unconstitutional or invalid bv the final and valid iudament of any court of competent iurisdiction, the city commission specificallv intends that that declaration shall not affect the prohibition on billboards in Section 31-191 (f)(12) or the prohibition on commercial advertisina sians in Section 31-193(c). Ordinance No. 2010 - Page 6 f91 istl Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animated sign.' A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than time and temperature signs, stock market price quotations and changeable copy signs. Includes digital video displays. Business Identification or business identification sian. Identification of the specific business, institutional or other use located in the building or proiect to which it relates. The purpose of a business identification sign is to quickly, legibly and clearly identify the unique, specific business located on the site, so that members of the travelinq public can safelv and accurately find their intended destinations. As such, business identification siqns are not advertisinq, and shall not list more than two products or services. or cateqories of products or services, beinq provided on site. For example, a restaurant may be identified as "John's Restaurant" or even "John's Seafood Restaurant" or "the Crab Shack" or "Sam's SouP and Salad "but shall not be identified as "John's Entrees, Salads, Soups. Alcoholic Beverages. Side Dishes and Dessert." They shall identify the specific business ("Dr. Smith Pediatrics" or "Sam's Diner") and not solely the qeneric nature of the use ("Doctor" or "Diner"). Government instructional sign: A non-commercial sign permanently erected and/or maintained by the City, the County or State, or any agency thereof. Such sign may include legal notices, identification and information and may direct or regulate pedestrian or vehicular traffic and may include changeable COpy siqns. Off-premises sign: Any sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the sign is located. A real estate open house sign shall not be considered an off-premises sign. A government instructional sign and a temporary community service/special events sign shall not be considered an off-premises sign. Political sian: a sign identifying or urginq support for or in opposition to a particular issue, political party, or candidate for political office. (-Gt ill Prohibited signs. The following are prohibited: (3) All signs which display services or products as opposed to the business name. Anv sign not permitted by this section. tGj {gl Required signs. The following signs shall be placed where relevant by a property owner and do not require a permit: Ordinance No. 2010 - Page 7 (at fhl Other signs/no permit required. The following signs may be placed without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in this section. The foregoing exemption from filing shall not be construed to waive the other provisions of this section or the structural requirements outlined by this section and/or the SetItR Florida Building Code, as may be amended from time to time. (11) Political sions. ~ ill Residential permanent signs. The following signs are authorized in all Residential Zoning Districts and Residential-Office Zoning Districts: (1) Development identification sign. Permitted only for (i) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are part of a larger development, there shall be only one development identification sign on each public street frontage of the development. Approvals City M:moger Sion Permit Required necessary: Number One monument sign (or sign mounted on perimeter wall) per street (maximum): frontage indicating the name and address of the complex, except two are permitted where attached to wall of symmetrical entrance feature. Sign copy area 32 square feet (aggregate if two signs). (maximum): Sign height Eight feet. (maximum): Setback Six feet from right-of-way, 15 feet from side property line. (minimum): Illumination: Externally illuminated signs only. Changeable copy Schools, religious and public institutions only may be permitted one sign: changeable copy sign in lieu of the permitted monument sign. Said sign shall not exceed 32 square feet in sign area. (2) Directional. Approvals City M:mager Sion Permit Required necessary: Number: To be approved as part of site plan. If not approved as part of site plan, separate permits required. Ordinance No. 2010 - Page 8 Sign area Four square feet each. (maximum): Sign height Th ree feet. (maximum): Other restrictions: No advertising copy. Logos may cover no more than 25 percent of the sign area. 00 ill Nonresidential district signs. The owner(s), or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a multi-tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City: (1) Detached, freestanding or monument signs for business identification where otherwise permitted, shall not be closer than 200 feet to any other previously permitted detached, freestanding or monument sign. Approvals necessary: City M::m3ger SiQn Permit Required One per parcel; parcel must have frontage of at least 100 feet on a public street, except for gasoline station parcels where a 48 square foot sign shall be permitted notwithstanding the street frontage or distance Number (maximum): separation of the parcel occupied by the gasoline station. (Subdivision of an existing building or planned building group shall not entitle the new parcels to additional monument signs). Sign area (maximum): 48 square feet. Sign height (maximum): Eight feet. Setback (minimum) From right-of-way line: Six feet. From side property line: 20 feet. Illumination: Externally illuminated signs or internally illuminated letters or logos only. Supplemental provisions: Ordinance No. 2010- Page 9 Option on number of signs if parcel has 300 or more feet of Two signs, aggregate area not to exceed 72 square parcel frontage and two two-way access points on different public feet streets. Logos may cover no more than 25 percent of the sign area. Time and temperature sign authorized within total permitted sign area. Landscaping and visibility sight See applicable provisions contained in this section. triangle on corner lot. Schools, religious and public institutions only may be Changeable copy sign: permitted one changeable copy sign in lieu of the permitted monument sign. Said sign shall not exceed 48 square feet in sign area. (2) a. Wall sign for business identification. (Permitted only on buildings where the majority of the floor area is in retail use. In the case of a multi-tenant center, wall signs are permitted on walls that face an access drive or internal courtyard.) Approvals City M::m:lger SiQn Permit Required necessary: Type: Reverse or channel letter sign only. One per ground or second floor establishment which has its own frontage and entrance facing a public street. (If the parcel frontage Number requirement for a monument sign precludes an office building from (maximum): having a monument sign, one building identification wall sign that otherwise meet the wall sign standards is authorized). Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. One square foot for each one lineal foot of tenant frontage for each sign Sign area located within 300 feet of a street on which the building fronts. (maximum): 1.5 square feet for each one lineal foot of tenant frontage for each sign located more than 300 feet of a street on which the building fronts. Illumination: See definition of reverse or channel letter sign. Supplemental See gas station provisions contained in this section. provisions: Ordinance No. 2010 - Page 10 b. Wall sign for business identification. (Permitted only on office and hotel buildings with signs located one to five stories high.) Approvals City M:mager Sian Permit Required necessary: Type: Reverse or channel letter sign only. Number One wall sign per building. (maximum): Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. Such second sign shall not be placed on the same building elevation as the primary sign. Sign area One square foot for each one lineal foot of building frontage. (maximum): No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. c. Wall sign for business identification. (Permitted only on office and hotel buildings with signs located six to ten stories high.) Approvals City M:ln3ger Sian Permit Required necessary: Type: Reverse or channel letter sign only. Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area One and one-half square foot for each one lineal foot of building (maximum): frontage. No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. Ordinance No. 2010- Page 11 d. Wall sign for business identification. (Permitted only on office and hotel buildings with signs located 11 to 15 stories high.) Approvals City Manager Sian Permit Required necessary: Type: Reverse or channel letter sign only. Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area One and three-quarters square feet for each one lineal foot of building (maximum): frontage. No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. e. Wall sign for business identification. (Permitted only on office and hotel buildings with signs located 16 to 20 stories high.) Approvals City Manager Sian Permit Required necessary: Type: Reverse or channel letter sign only. Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area Two (2) square feet for each one (1) lineal foot of building frontage. (maximum): No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. (3) Canopy sign for business identification. Approvals necessary City Manager Sian Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Minimum clearance above ground: Eight feet. Ordinance No. 2010 - Page 12 I Must be rigidly attached. (4) Awning sign for business identification. Approvals necessary: City M:3nager Sian Permit Required Number (maximum): One per establishment. Lettering: One line; letters not to exceed nine inches in height. Logo: Maximum of six square feet. (5) Directory sign. Approvals City Manager Sian Permit Required necessary: Number One per multi-tenant center, in addition to other permitted signs. (maximum): Sign area 32 square feet. Complex name and lor address shall not exceed 50 (maximum): percent of base height. Location: On building wall (or freestanding within internal courtyard). Illumination: Externally or internally illuminated signs. (6) Window sign (permanent). Approvals necessary: City Manager Sian Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Illumination: Prohibited. (7) Directional sign. Approvals City Manager Sian Permit Required necessary: Number: To be approved as part of site plan; if not approved as part of site plan, permit required. Sign area Four square feet. (maximum): Ordinance No. 2010 - Page 13 Height (maximum): Three feet. No advertising copy. Logos may cover no more than 25 percent of the sign area. Other restrictions: (8) Regional mall signs. The following signs are authorized in all regional malls located within the City consisting of an enclosed mall with a minimum of three major tenants (minimum 100,000 square feet), located on not less than 70 acres and consisting of not less than a total of 1,000,000 square feet of building area. a. Detached, freestanding or monument signs for business identification may be located at each entry drive onto the regional mall property from any abutting public right-of-way. Approval City M::m:3ger. Sian Permit Required necessary: Number One per access drive. (maximum): One per each establishment which is located adjacent to the public right-of-way or internal roadway. Sign area (maximum): 195 square feet maximum; the square footage shall be calculated Mall property entry based only on the side/area having copy and not include any side signs: without copy on architectural features or shaped sign such as cubes, squares or other geometric shapes. Freestanding See non-residential sign requirements. establishment: Sign height (maximum): Mall property 15 feet. entry: Freestanding See non-residential sign requirements. establishment: Setback (maximum): Mall property Six feet. sign: Freestanding Six feet. establishment: Ordinance No. 2010- Page 14 Illumination: External or internal illumination of letters and logos only. b. Wall signs for business identification are only permitted on the three exterior walls of the major tenants of not less than 100,000 square feet that face the exterior regional mall property. Other tenants that provide direct pedestrian access from the mall property such as major restaurants or theaters may also have wall signs. Approval necessary: City Manager. Siqn Permit Required One for each exterior wall for a tenant of at least 100,000 Number (maximum): square feet, facing the exterior mall premises. Such sign may only be located on the exterior wall of the specific tenant space identified. One per tenant for other tenants that provide direct access from the mall exterior. Sign area (maximum): Major tenants (minimum 500 square feet; lettering not over 12 inches located on a wall, 100,000 square feet of overhang or canopy which designates specific uses of a floor area): 100,000 square feet tenant shall not constitute a sign for purposes of this section. Exterior access tenants: 75 square feet. Illumination: Reverse or channel letters or external illumination. c. Canopy sign for business identification. Approvals necessary: City Manager. Siqn Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Minimum clearance above ground: Eight feet. Must be rigidly attached. d. Awning sign for business identification. Approvals necessary: City M:m3ger. Siqn Permit Required Number (maximum): One per establishment. Lettering: One line; letters not to exceed nine inches in height. Ordinance No. 2010- Page 15 I Logo: I Maximum of six square feet. e. Window Sign. Approvals necessary: City M::mager. Sian Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Illumination: Internal or external illumination. f. Directional signs. Approvals City Man3ger. Sian Permit Required necessary: Approval as part of a site plan; if not approved as part of a site plan, Number: permit required. Such signs may be located as part of the internal road system as needed to insure traffic flow and circulation. Sign area: 75 square feet. Height: Nine feet. Other Only 1 OO,OOO-square feet tenant identification, name and/or logos restrictions: allowed. Logos may cover no more than 25 percent of the sign area. (9) Hospital. a. Detached, free-standing or monument signs for business identification. Approval necessary: City M::m3ger. Sian Permit Required Number (maximum): By approval. Sign area (maximum): Area shall not exceed 65 square feet. Sign height (maximum): Primary sign: 15 feet. Secondary sign: 13 feet. Setback (minimum): Ordinance No. 2010- Page 16 Right-of-way: Six feet. Side property line: 20 feet. Shall not be closer than 50 feet to another detached, monument sign. Illumination: External, or internal illumination of letters and logos only. b. Wall signs for business identification. Approval necessary: City M~m::lger. SiQn Permit Required Number (maximum): One per elevation. Sign area (maximum): One square feet for each one lineal feet of elevation frontage. Illumination: Reverse or channel letters or external illumination. (10) Parking structure wall signs. Approval City M::ln::lger. SiQn Permit Required necessary: Type: Reverse or channel letter sign only. Number (maximum): One per entrance and exit drive. Location: Sign to be located immediately above or adjacent to entrance or exit drive, indicatino where drivers must enter and exit the oaraoe. Sign area (maximum): Where the face of the structure elevation is setback Eight square feet. from the right-of-way less than 100 feet: Where the face of the structure elevation is setback 12 square feet. from the right-of-way more than 100 feet: Ordinance No. 2010- Page 17 Illumination: Reverse or channel letters or external illumination, provided external illumination does not cast a glare on an adjacent residentially zoned property. fAt i!sl Temporary signs. The follo\ving temporal)' signs ore authorized in the City: Temporary siems shall complv with the followina restrictions, conditions, and limitations: (1) No placement on riQht-of-way or other public property. No temporary sian shall be placed on any public riaht-of-wav or on property owned or used bv the City. (2) Placement of temporary sians; no placement on vacant lot, utility poles, official sians, etc. No temporary sian shall be placed upon any vacant parcel without the written consent of the property owner filed with the City Clerk prior to postina of the sian. No temporary sian shall be placed upon any public utilitv pole or equipment, tree, traffic control device or structure, bridae, auardrail. or official sian, or held or displaved in a manner which creates an obstruction of a public riaht-of-wav or sidewalk or creates a traffic hazard. (3) Bond. Prior to the installation and/or construction of a temporary sian in accordance with this subsection (k), the applicant shall post or cause to be posted with the City Clerk a refundable cash bond in the minimum amount of five hundred dollars ($500.00). (4) Exemption from bond requirement. Anv applicant placina less than four (4) temporary sians not exceedina a size of ten (10) square feet per sian shall be exempt from the requirement of a cash bond. Anv candidate for elected office who has satisfied his or her qualifvina fee requirement pursuant to the alternate means authorized bv F.S. ~ 99.095 or ~ 99.0955, (the petition method of qualifvina) shall be exempt from the requirement of postina the cash bond. (5) Permitted districts; time of postina and removal. Temporary sians shall be permitted in all zonina districts, as provided in this section. Unless otherwise specified below, no temporary sian shall be posted more than ninety (90) days prior to the time of the event to which it relates, or permitted to remain lonaer than seven (7) days after the event to which it relates. If a person placina a temporary sian fails to remove all temporary sians within the stated timeframe, he or she shall forfeit the refundable cash bond and the City shall remove the sian. The sian removal requirements of this subparaaraph do not applv to bumper stickers on vehicles or campaian buttons on people. (6) Location near easement or street. No temporary sian shall be placed within five (5) feet of any easement of the property upon which the sian is located. No temporary sian shall be located within ten (10) feet of the edae of the riaht-of-wav. Temporarv sians shall be located solelv on the property side of the sidewalk if there is a sidewalk unless held bv an individual occupvina the sidewalk or riaht of way. Ordinance No. 2010- Page 18 (7) Traffic Hazards. No temporary sian shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic alona the streets adiacent to the property upon which the temporary sian is located. (8) Responsibilitv for hazards; responsibilitv for removal of sians. All property owners shall be responsible for any hazard to the aeneral public which is caused bY, or created bv reason of, the installation andlor maintenance of the temporary sians on his, her or its property. The property owner shall also be responsible for the timelv removal of such sians in accordance with the requirements of subsection (5) of this section. In the event of an announcement bv the National Weather Service that the city is under a hurricane watch, the person placina a sian shall remove the sian within twenty-four (24) hours of the announcement of the hurricane watch. Failure to remove the sian within twenty-four (24) hours of the announcement shall cause the City to remove the sian in accordance with the provisions of subsection (5) of this section. (9) Enforcement. Anv temporary sian not posted or removed in accordance with the provisions of this subsection, and any such sian which exists in violation of this section, shall be deemed to be a public nuisance and shall be subiect to removal and confiscation bv the City. If the City removes the sian, the City Manaaer or his desianee shall deduct the cost and expense of removal from the posted cash bond. The city shall not be responsible for the damaae or destruction of any sian which is removed in accordance with this provision. (10) Illumination. Temporary sians shall not be illuminated. (11) Temporary sians must be posted in accordance with the followina tables. (1) Grand opening banner: Residential District Nonresidential District Approvals City M:m3ger. Sian permit City M3nager. Sian Permit required necessary: required Number One per project. One per establishment per calendar (maximum): year in a multi-tenant center. Sign area 30 square feet. 30 square feet. (maximum): Sign height Four feet. Four feet. (maximum): Length of 14 consecutive days after issuance 14 consecutive days after issuance display: of initial local business tax receipt. of initial local business tax receipt. Frequency: One per year. One per year. Ordinance No. 2010- Page 19 Sign copy shall only include Sign copy shall only include "Grand Other "Grand Opening" and the name of Opening" and the name of the restrictions: the project. Signs shall indicate project. Signs shall indicate expiration date on lower right hand expiration date on lower right hand corner. corner. (2) Real estate signs (no permit required): Residential District Nonresidential District Number One per lot, except corner lots may (maximum): One per lot. have two. Sign area 40 square inches aggregate for (maximum): each. Four square feet aggregate. Sign height (maximum): Four feet. Four feet. Setback Six feet. Six feet. (minimum): Shall be removed within ten days Length of Shall be removed within ten days after the closing, or in the case of display: after the closing. property for lease, within five days after all space is leased. Sign copy shall be limited to: (i) Sign copy shall be limited to: (i) situation (i.e. sale, rent, lease, situation (i.e. sale, rent, lease, zoning, zoning, size of property); (ii) name size of property); (ii) name of owner; Other of owner; broker or agent; (iii) broker or agent; (iii) phone number; restrictions: phone number; (iv) designs or (iv) designs or trademarks not trademarks not comprising more comprising more than 20 percent of than 20 percent of sign area; (v) sign area; (v) colors limited to black colors limited to black and white. and white. (3) Construction sign: Residential District Nonresidential District Approvals City Man3ger. SiQn Permit reauired City M:m3ger. SiQn Permit necessary: rea u ired Number One per lot. One per lot. (maximum): Ordinance No. 2010- Page 20 Sign area 32 square feet. 32 square feet. (maximum): Sign height Four feet. Four feet. (maximum): Setback Six feet from property line, not in Six feet from property line, not in (minimum): right-of-way or sight visibility right-of-way or sight visibility triangle. triangle. Permitted for a 12-month period Permitted for a 12-month period Length of from date of building permit from date of building permit display: issuance or until construction issuance or until construction completed. completed. Sign copy may include only: (i) Sign copy may include only: (i) project name; (ii) nature of project name; (ii) nature of Other development; (iii) general development; (iii) general restrictions: contractor; (iv) architect; (v) lending contractor; (iv) architect; (v) lending institution; (vi) owner or agent; and institution; (vi) owner or agent; and (vii) phone number. (vii) phone number. (4) Model sign (no permit required): Residential District Nonresidential District Number One per model unit lot and one per office lot. (Not (maximum): applicable). Sign area Four square feet. (maximum): Sign height Four feet. (maximum): Model arrow Three per development not to exceed two square feet signs: each. Shall not be located in right-of-way or sight visibility triangle. Flags: Not permitted, except as specifically allowed in this section. Time limit: Until certificate of completion/occupancy is issued for last house in development. Other Sign copy may include only: (i) "Model"; (ii) builder; restrictions: (iii) architect; (iv) agent; (v) number of bedrooms and baths; (vi) telephone number. Ordinance No. 2010 - Page 21 (5) Window sign, temporary: Residential Nonresidential District District Approvals Not permitted. City M::m3ger. Siqn Permit Required necessary: Sign area Ten percent of window area up to a maximum of ten (maximum): square feet. Time limit: 14 days. Frequency: Business or use shall be limited to five such advertising sign permits per calendar year. (6) Garage/estate sale sign: Residential District Nonresidential District Approvals City M3n3ger. Siqn Permit Required Not permitted. necessary: Number One per lot on-site. (maximum): Sign area Six square feet. (maximum): Height (maximum): Four feet. Length of display: Maximum of one weekend during any six- month period. Setback: Not on right-of-way. (7) Real estate open house sign. Such sign is located on-premises, on private property (upon permission of the private property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In conformance with design specifications as provided by the City Manager): (No permit required). Residential District Nonresidential District Number One per property (two per One per property (two per property (maximum): property when more than one unit when more than one unit is for lease is for lease or sale on property). or sale on property). Ordinance No. 2010 - Page 22 Sign area Six square feet. Six square feet. (maximum): Sign height Six feet. Six feet. (maximum): Permitted Saturdays and Sundays Permitted Saturdays and Sundays Time limit: 10:00 a.m. to 4:00 p.m. Must be 10:00 a.m. to 4:00 p.m. Must be removed same day. removed same day. (8) Community service signs/special event signs: The number, size and location of signs to be determined by the City Man::lger City's Special Event Permit application process. (9) School and places of worship signs. Not in freestanding structures In freestanding structure Approvals City Man::lger. Sian Permit City M:m::lger. Sian Permit necessary: required required Number: One. One. Sign area 12 square feet. 32 square feet. (maximum): Sign height Five feet. Six feet. (maximum): Setback: Shall not be placed in any right-of- Shall not be placed in any right-of- way or sight visibility triangle. way or sight visibility triangle. Length of Shall be displayed only during Shall be displayed only during display: worship services and related worship services and related functions. functions. (10) Political Sians (no permit required) Residential District Non-Residential District Number One per candidate or issue per lot One per candidate or issue per lot (maximum): Sian area 4-1/2 square feet per sian 8 square feet per lot (maximum): Sian Heiaht Three feet Six feet (maximum): Setback Within five of any easement: ten feet Within five of any easement: ten feet (minimum): of edae-of-pavement if there is no of edae-of-pavement if there is no sidewalk. sidewalk. Ordinance No. 2010- Page 23 LenQth of No more than 90 days prior to date of No more than 90 days prior to date of display: election or prior to a primary election election or prior to a primary election scheduled prior to such election. scheduled prior to such election. whichever is earlier. whichever is earlier. Other Shall be removed seven days after Shall be removed seven days after restrictions: election. election. tij ill Supplemental regulations. (1) Multi-tenant center sign graphics criteria. The owner of a multi-tenant [center], or their authorized representative, may choose to comply with the standards for nonresidential district signs or alternatively, apply for approval as a multi-tenant center as described below. (ff iml Permit requirements. (1) Permit required. It shall be unlawful for any person to install, relocate, alter or cause to be installed, relocated or altered within the municipal limits of the City, any sign without first having obtained a required permit from the City Manager. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this section. No person shall install, relocate, alter or cause to be installed, relocated or altered, any sign, other than temporary signs, unless the person is properly licensed to install, relocate, or alter signs in Miami-Dade County. It shall be unlawful for any person to knowingly construct or cause to be constructed a sign contrary to the regulations of this section. W ill.l Non-conforming signs. All future changes to any signs will require conformity to this section. (1) Amortization of sign code non-conformities. The following non-conforming signs that existed at the time the Sign Code Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no text or structural alterations are made thereto and that all such non-conforming signs shall be completely removed from the premises or made to conform by June 3, 2000: a. Any non-conforming sign; b. Those signs that display services or products as opposed to the business name; c. Nonresidential monument signs. W fQ} Sign maintenance. (1) Maintenance. All signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of the sign. The area around the base of the sign shall be Ordinance No. 2010- Page 24 kept free of weeds and debris. If a sign does not comply with the above standards, the City Manager may require its removal in accordance with this section. -fm1 {Ql Removal of improper signs. (1) Removal. The City Manager shall cause the removal of any sign in violation of this section in accordance with the procedures set forth in the City of Aventura Code Enforcement Section or as otherwise outlined by law. Sec. 31-192. Tomporary political signs. Regulations reg3rding tempor3ry political signs are outlined in cection 31 61 [et seq.] of the City of Aventura Code. Section 4. 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 5. 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 6. 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 be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended and Article V of Chapter 2 of the City Code, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Ordinance No. 2010 - Page 25 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Ordinance No. 2010- Page 26 PASSED on first reading this 2nd day of March, 2010. PASSED AND ADOPTED on second reading this 6th day of April, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this 6th day of April, 2010. CITY CLERK