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05-03-2005 Ciry CommiliJRina Susan Gottlieb, Mayor A. ~e City of ~ventura G ,~ City MSlnllV" Eric M. Soroka Zev Auerbach Bob Diamond Billy Joel Harry Holzberg Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, CMC City Attornev Weiss Serota Helfman Pastoriza Guedes Cole & Boniske AGENDA MAY 3, 2005 followingLPAmeeting 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: A. Plaque of appreciation to former Commissioner Manny Grossman B. Miami-Dade County State Attorney's Office 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: Apri15,2005 Commission Meeting April 21, 2005 Commission Workshop Meeting April 25, 2005 Commission Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 05-04-15-2, ROADWAY DIRECTIONAL SIGN AGE TO GABLE SIGNS, INC. AT THE BID PRICE OF $79,276.60; 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. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A May 3, 2005 CoolmiJsion Meetins BID/CONTRACT FOR BID NO. 05-04-08-2, NE 207TH STREET RESURFACING IMPROVEMENTS, TO WEEKLY ASPHALT PAVING, INC. AT THE BID PRICE OF $344,993.44. 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. D. 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. E. MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR LANDSCAPE MAINTENANCE ON THE WILLIAM LEHMAN CAUSEWAY FROM EAST COUNTRY CLUB DRIVE TO A POINT WEST OF WEST COUNTRY CLUB DRIVE BETWEEN THE CITY OF A VENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA URGING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS TO OPPOSE ANY EXTENSION TO THE URBAN DEVELOPMENT BOUNDARY AT THE PRESENT TIME, AND TO ENCOURAGE INFILL DEVELOPMENT AND ADHERENCE TO THE COUNTY DEVELOPMENT MASTER PLAN AS CURRENTLY ADOPTED, INCLUDING THE ADOPTED 2003 EVALUATION AND APPRAISAL REPORT; AND PROVIDING FOR AN EFFECTIVE 2 May 3, 2005 Corrnm..... Meetins DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA FLORIDA AUTHORIZING CONTRIBUTION AND PARTICIPATION BY THE CITY IN THE COMPREHENSIVE AND COORDINATED TRANSPORTATION SUB-REGION MASTER PLAN; 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: None. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA (THE "CITY"), PROVIDING FOR IMPOSITION OF A MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY LOCATED EAST OF BISCAYNE BOULEVARD WITHIN ANY RESIDENTIAL OR COMMERCIAL ZONING DISTRICTS OF THE CITY; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES, APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING DIVISION 2 "COMMUNITY SERVICES ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 ADMINISTRATION" OF THE CITY CODE BY REVISING SECTION 2-121 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2-122 "TERM OF OFFICE," AND SECTION 2-124 "RULES OF PROCEDURE"; TO REVISE PROVISIONS CONCERNING THE COMPOSITION, TERM OF OFFICE AND PROCEDURES OF THE BOARD: PROVIDING FOR SEVERABIITY: PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, REPEALING DIVISION 3 "ECONOMIC DEVELOPMENT ADVISORY BOARD" CONSISTING OF SECTION 2-151 TO AND INCLUDING SECTION 2-156 OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE; WHICH HAD PROVIDED FOR THE 3 May 3, 2005 CoolmiJsion Meetins CITY OF A VENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD, SO AS TO DISSOLVE SAID BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 10.RESOLUTIONS - PUBLIC HEARING: None 11.0THER BUSINESS: None 12.PUBLlC COMMENTS 13.REPORTS 14.ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP MAY 19, 2005 JUNE 7, 2005 10 A.M. COMMISSION MEETING 6 P.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, alI 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 Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura. Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 A'!be City of rl.ventura i} ""'4"~ MINUTES CITY COMMISSION MEETING APRIL 5, 2005 6 p.m. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, Mayor 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. 2. PLEDGE OF ALLEGIANCE: May Frank led the pledge of allegiance. 3. ZONING HEARINGS: None. 4. ELECTION OF VICE MAYOR: A motion was offered by Commissioner Joel, seconded by Commissioner Diamond and unanimously passed to select Commissioner Auerbach to serve as Vice Mayor for the next 6-month period. 5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None. 6. SPECIAL PREESENTATIONS: None. 7. CONSENT AGENDA: Commissioner Joel requested removal of item 6-E. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Diamond, seconded by Commissioner Joel, unanimously passed and the following action was taken: A. The minutes of the March 10, 2005 Commission Meeting, and March 25, 2005 Workshop Meeting were approved. B. Resolution No. 2005-14 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA CONCERNING THE CITY RUN-OFF ELECTION OF MARCH 15, 2005; ACCEPTING AND ADOPTING THE ELECTION RESULTS FOR THE OFFICES OF MAYOR AND COMMISSION SEAT 2; AS CERTIFIED BY THE CITY CLERK AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2005-15 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96-18 WHICH ESTABLISHED COMPREHENSIVE COMMISSION MEETING AND AGENDA PROCEDURES, AS AMENDED BY RESOLUTION NO. 2000- 36 AND RESOLUTION NO. 2001-26; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2005-16 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 05-03-18-2, LEHMAN CAUSEWAY FRONTAGE LOOP STREET LIGHTING IMPROVEMENTS, TO HORESEPOWER ELECTRIC, INC. AT THE BID PRICE OF $579,579; 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. The following item was removed from the Consent Agenda and addressed separately: E. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the resolution, with the amendment that Commissioner Joel's appointment of Jonathan Evans be changed to Jo- An Evans, was offered by Commissioner Joel, seconded by Commissioner Diamond, unanimously passed and Resolution No. 2005- 17 was adopted. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING DIVISION 2 "COMMUNITY SERVICES ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 ADMINISTRATION" OF THE CITY CODE BY REVISING SECTION 2- 121 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2-122 "TERM OF OFFICE," AND SECTION 2-124 "RULES OF PROCEDURE"; TO REVISE PROVISIONS CONCERNING THE 2 COMPOSITION, TERM OF OFFICE AND PROCEDURES OF THE BOARD; PROVIDING FOR SEVERABIITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Joel. There was no public input. The motion for approval passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING DIVISION 3 "ECONOMIC DEVELOPMENT ADVISORY BOARD" CONSISTING OF SECTION 2-151 TO AND INCLUDING SECTION 2-156 OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE; WHICH HAD PROVIDED FOR THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD, SO AS TO DISSOLVE SAID BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Joel. There was no public input. The motion for approval passed unanimously by roll call vote. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10.0THER BUSINESS: None. 11.PUBLlC COMMENTS: Joe Platnick, Del Prado; William Ramos, 1817 13th Street, NW, Washington, DC; Dr. Eric Albin; and Ginger Grossman, 20100 W. Country Club Drive. 12. REPORTS. As submitted. 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. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3 A~ Qtv of .n.ventura . "'-.,~."~ MINUTES COMMISSION WORKSHOP MEETING APRIL 21,2005 10 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 Mayor Susan Gottlieb at 10 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor 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. In light of the fact that the Executive Conference Room could not accommodate the number of public attendees, a motion to adjourn and reconvene in the Commission Chamber was offered by Commissioner Joel, seconded by Commissioner Diamond and unanimously passed. At 10:05 a.m., the meeting reconvened in the Commission Chamber. The meeting was again called to order by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. 1. MORATORIUM ISSUES: Mr. Soroka began discussions with a powerpoint presentation outlining the pending development summary. Mr. Wolpin reviewed his memorandum concerning the feasibility of enacting a temporary moratorium. Commissioner Diamond requested staff prepare a report regarding accessibility for emergency vehicle traffic on 183rd Street east of Biscayne Boulevard and the surrounding areas. The following members of the public spoke to the issue: Burton Young, Esq., 3900 Island Boulevard; Charles Scar, Biscayne Cove; George Tower, 7000 Island Boulevard; Harvey Howken, 3900 Island Boulevard; Fran Ricca; Carter McDowell, Esq., Bilzin & Sumberg et al; Mark Braun; Simon Ferro, Esq., Greenberg Traurig; Melissa Tapanes, Esq., Bercow & Radell; Robert Sherman, Concord Plaza Holdings. Commission discussed requesting a second opinion from John Shubin, Esq., Shubin & Bass, for further consideration. City Attorney requested authorization from Commission to publish a Zoning in Progress notice concerning Section 31-77H(3) regarding Land Development Regulation amendments for redevelopment guidelines. CITY MANAGER SUMMARY: Consensus to proceed with requesting second legal opinion from John Shubin, Esq. and publication of Zoning in Progress notice as requested. Proposed ordinance and second opinion to be considered at May Commission meeting. (Commission recessed for 15 minutes at this time) 2. COASTAL COMMUNITIES TRANSPORTATION MASTER PLAN (City Manager): At the request of the Metropolitan Planning Organization, Mr. Soroka recommended that the City contribute and participate in the funding of a study to develop a Comprehensive and Coordinated Transportation Sub-Region Master Plan. CITY MANAGER SUMMARY: Consensus to proceed for placement of proposed resolution on May Commission meeting agenda. 3. PROPOSED TRANSFER OF BOAT SLIPS (City Manager): City Manager recommended authorization to negotiate agreement regarding powerboat slips, which could be sold and suggested that the proceeds could be utilized to offset equipment and technology needs of ACES. Mario Garcia-Serra, Esq., Greenberg Traurig, spoke to this issue. CITY MANAGER SUMMARY: Consensus to authorize negotiation. 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 1 :30 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and. for such purpose. may need to ensure that a verbatim record of the proceedings is made. which record Includes the testimony and evidence upon which the appeal is to be based. 2 A~ . .~~.:::.' MINUTES COMMISSION WORKSHOP MEETING APRIL 25, 2005 10 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 Mayor Susan Gottlieb at 10 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor 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. Mr. Soroka stated that the purpose of the meeting was to give an overview of the comprehensive plan review process and the Evaluation Appraisal Report ("EAR") required to be submitted to the state. Joanne Carr, Planning Director, introduced the City's planning consultants for the EAR process, Jerry Bell, and Alex David of the Bell David Planning Group, and Joe Corradino of The Corradino Group. The six issues highlighted were Development and Redevelopment, Housing, Emergency Management, Transportation, Intergovernmental Coordination and Quality of Life. Commissioners expressed their concerns and noted areas they would like to be addressed. The City's planning consultants and staff to incorporate the issues discussed into this process and report back at the next appropriate meeting. Discussion then ensued regarding two outstanding issues. Ms. Carr noted that at the October 2004 Workshop Meeting the City Commission requested staff draft legislation to provide that all structured parking for commercial buildings would be constructed underneath the footprint of the primary building and requested the current Commission's input and direction. Consensus to take no further action at this time. The second outstanding issue concerned direction given at the January 2005 Commission Workshop Meeting for staff to draft legislation to provide that dry cleaning on premises be permitted as a conditional use in the B1 zoning district. Consensus to proceed with first reading of ordinance at next appropriate Commission meeting. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 2 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: DATE: City Commission F Eric M. Soroka, ICMA-CM'[f~ er April 25, 2005 TO: SUBJECT: Bid No. 05-04-15-2 Roadway Directional Signage May 3, 2005 City Commission Meeting Agenda Item ~B Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 05-04-15-2, Roadway Directional Signage, to the lowest responsible and responsive bidder, GableSigns, Inc., for the amount of $79,276.60. Backaround This project is included in the City's capital budget and provides for the construction and installation of 25 roadway directional signs in the City median strips. This will replace the outdated signs and will identify the residential communities in the City. These signs will present a uniform appearance that will complement the City's landscaping, streetscape furniture and decorative light poles. The prior City Commission approved the location and style of the signage. A diagram of the signs and their location is attached. In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on April 15, 2005. The bid was advertised in the local newspapers and via the internet on DEMANDSTAR. Five bids were received and they are summarized as follows: GableSigns Pios & Sons Enterprises High Tech Striping Flouresco Lighting & Signs Don Bell Signs $ 79,276.60 83,600.00 91,000.00 99,850.00 168,075.21 The contract specifies a 90-day construction period after the notice to proceed is given. This project should be completed this August. The City's Landscape Architect has reviewed the bid documents and has recommended awarding the bid to the lowest Memo to City Commission Page 2 responsive bidder, GableSigns, Inc. Please feel free to contact me if you have any questions. Attachments: EMS/act Attachment RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 05-04-15-2, ROADWAY DIRECTIONAL SIGNAGE TO GABLESIGNS, INC. AT THE BID PRICE OF $79,276.60; 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 of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 05-04-15-2, ROADWAY DIRECTIONAL SIGNAGE; 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 GableSigns, 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. 05-04-15-2, ROADWAY DIRECTIONAL SIGNAGE, is hereby awarded to GableSigns, Inc, in the amount of $79,276.60. Resolution No. 2005 Page 2 Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, and said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the General Fund Line Item No. 001-8050-541-6301. Section 5: This Resolution shall be effective imrnediately 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 Bob Diamond Commissioner Billy Joel Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. 2005 Page 3 PASSED AND ADOPTED this 3rd day of May, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ~ ~ ~ ~ ~ (]) ~ ~ o ~ ~ l::: bO 0,"," en ....... ro l::: o 0,"," ~ U ~ ~Q ~~ .~ ~ ul z ~ ~ ~ o ~ ... . ~ . z o . . . ~ . . 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Sign LecaIion Plan E8 tE18311l1~'IWUJANSISl.~VDI NflB7THST N 0' ~ '.'24 " Nfl8811lST Ml'l!lOTlolST . I; . 22'- "I;W' Nf191STST ~ SJI.85li ~" .' Lz r- -Jl D~ ULe:AK y L..~SIL < AS~.Jl, p.~ l()\[)A~ O'LEARY DESIGN ASSOCIATES PeA. LANDSCAPE ARCHITECTURE LAND PLANN ING URBAN DESIGN GRAPHIC DESIGN April 21, 2005 Mr. Robert M Shennan Director of Community Services Dept City of AventuTa 19200 Country Club Drive, Suite #500' Aventura, Florida 33180 Re: City of Aventura Roadway Directional Siguage Dear Mr. Shennan: Enclosed you will find a recommendation by Dave Stulllt of TGA Design regarding the above referenced project Please be advised that we concur with TGA Design and recommend you award the contract to the low bidder, GableSigns. Let me know if you require any additional information. Very truly yours, UJW 0- .0 William A. O'leary, FAS ~. O'LEARY DESIGN OAK PLAZA. PROFESSIONAL CENTIR 852'5 S.W. 92ND STREET, SUITE C, 1 J\.o\IJ\MI, flORIDA 331 S6 (305) 59ft,...6096 MEMBERS OF THE AMERlO\N SOCIETY OF LANDSCAPE AACHITECTS OLL..A,Y UL.......K...'l A...........JG April 20, 2005 Mr. William O'Leary O'Lear; Design 8525 SW 92" Sl Oak Plaza Professional Center SuiteCII Miami, fl33156 Dear Mr" O'Leary: I have reviewed the bid submittals for the City of AventlXa's Country Club Dnve Direclional Signs. The low bidder, Gable Signs of Baltimore is a highl,. qualified sign fabricator. Gable Signs is a profeSSional member 01 The Society 01 Environmenlat Graphic Desi!F) (SEGDI. the design fields equivalenllo ASLA and AlA. Allhough TGA Design has not had the oppOlb1ity 10 work with the aforementioned firm. we have observed the qualITy of then-work and we're aware that the finn is in good standing with other design firms. Since Ihe 2nd lowest tidder has not been observed and Is rot a member of SEGD, TGA Design is recommending Gable Signs as the preferred fabricator. based on quality and low price, for this project If any questions persfst, please feel1ree to contact me. David J. Stuart Senior Desi~er Tom Graboski Associa1es Design 4649 Ponce de Leon Blvd. Suite 401 Coral Gables, FL 33146 305.669.2550 fax 669.2539 wwvJ.tgadesign.com p.J 00 DO Tom Graboski A.."'oc;"1~,<, Inc. DesiQl'1 454g P'JTlCtJ C't'loon Bh.a SUIle401 C:Jl'"<J.1 G....bI('~ Fkmjol JJ~4lJ 3C~6t;9'S5( 1'..... 305 6692S:m .....~wtq.tdc-s'9f1com CITY OF AVENTURA BID TABULATION ROAD DIRECTIONAL SIGNAGE BID NO. 05-04-15.2 BID OPENING AT 2:00 PM ON APRIL 15, 2005 Total Base Bid Addendums Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of Values Qual. Stmt. GableSigns 79,276.60 Ves Ves Ves Ves Ves Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid Insurance Competencies Affidavit Ves Ves Ves Ves Ves Total Base Bid Addendums Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of Values Qual. Stmt. Pios & Sons Enterprises 83.600.00 Ves Ves Ves Ves Ves Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid Insurance Competencies Affidavit Ves Ves No No Ves Total Base Bid Addendums Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of Values Qual. Stmt. High Tech Striping Inc. 91,000.00 Ves Ves Ves Ves Ves Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid Insurance Competencies Affidavit No Ves Ves Ves Ves Total Base Bid Addendums Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of Values Qual. Stmt. Fluoresco Lighting & Signs 99,850.00 Ves Ves Ves Ves Ves Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid Insurance Competencies Affidavit No Ves No No No Total Base Bid Addendums Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of Values Qual. Stmt. Don Bell Signs 168,075.21 Ves Ves Ves Ves Ves Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid Insurance Competencies Affidavit No Ves No No No SCHEDULE OF VALUES FOR LUMP SUM CONTRACT BASE BID CITY OF A VENTURA ROADWAY DrRECnONAL SIGNAGE Bid No.: 05-04-15-2 ITEM LOCATION # QUANTITY UNIT . UNIT PRICE # I Roadway Directional Sign I EA. $ Location No. I, Sign Type 'A' 2,788.25 2 Roadway Directional Sign I EA. $ 2,788.25 Location No.2, Sign Type 'A' 3 Roadway Directional Sign I EA. $ 2,788.25 Location No. 2A. Sign Type' A' 4 Roadway Directional Sign I EA. $ 2,788.25 Location No.3, Sign Type 'A' 5 Roadway Directional Sign I EA. $ 2,788.25 Location No.4, Sign Type 'A' 6 Roadway Directional Sign I EA. $ Location No.5, Sign Type 'A' 2,897.85 7 Roadway Directional Sign I EA. $ Location No.6, Sign Type' A' 2,897.85 8 Roadway Directional Sign I EA. $ 2,897.85 Location No.7. Sign Type 'A' 9 Roadway Directional Sign I EA. $ 2,897.85 Location No.8, Sign Type' A . to Roadway Directional Sign I EA. $ 2,788.25 Location No. 8A, Sign Type' A' 11 Roadway Directional Sign I EA. $ 2,788.25 Location No.9. Sign Type 'A' 12 Roadway Directional Sign I EA. $ 2,897.85 Localion No. 10, Sign Type' A' 13 Roadway Directional Sign I EA. $ 2,788.25 Location No. II, Sign Type' A' t4 Roadway Directional Sign 1 EA. $ 2,897.85 Location No. 12, Sign Type' A' IS Roadway Directional Sign I EA. $ 2,897.85 Location No. 13. Sign Type' A' t6 Roadway Directional Sign 1 EA. $ 2,897.85 Location No. 14. Sign Type 'A' t7 Roadway Directional Sign I EA. $ 2,897.85 Location No. 15. Sign Type 'A' 17 t8 Roadway Directional Sign I EA. $ Location No. 16, Sign Type 'A' 2,788.25 t9 Roadway Directional Sign I EA. S 2,897.85 Location No. 17. Sign Type 'A' 20 Roadway Directional Sign 1 EA. S 2,897.85 Location No. 18, Sign Type 'A' 21 Roadway Directional Sign 1 EA. $ 2,788.25 Location No. 19. Sign Type 'A.I' 22 Roadway Directional Sign I EA. $ 2,788.25 Location No. 19A. Sign Type 'A' 23 Roadway Directional Sign 1 EA. $ 2,788.25 Location No. 20. Sign Type 'A' 24 Roadway Directional Sign I EA. $ Location No. 21, Sign Type 'A' 2,788.25 25 Roadway Directional Sign 1 EA. $ Location No. 22. Sign Type 'A' 2,788.25 26 Roadway Directional Sign I EA. $ Location No. 23. Sign Type 'A.l' 2,788.25 27 Roadway Directional Sign I EA. $ 2,788.25 Location No. 24. Sign Type 'A' 28 Roadway Directional Sign I EA. $ 2,788.25 Location No. 25, Sign Type' A' · The Unit Price Cost inclndes sign installation and removal and disposal of existing sign, if any. TOTAL BASE BID $ 79,276.60 18 A CORPORATION By: GableSigns & Graphics, Inc. (Corporation Name) Maryland By: (State of Incorporation) Matthew J. Gable (Name of Person Authorized to Sign) V~C:,,- President (Title) (Corporate Seal) Attest: 2 //~~ c" ~ ,y,au P. able resident (President) Business address: 7440 Fort Smallwood Road Baltimore MD 21226 Phone No: 410-255-6400 Facsimile No: 410-437-5336 21 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City DATE: April 12, 2005 SUBJECT: Street Resurfacing Improvements May 3, 2005 City Commission Meeting Agenda Item Ere.. Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 05-04-08-2, NE 20ih Street Resurfacing Improvements to the lowest responsible and responsive bidder, Weekly Asphalt Paving, Inc. for the price of $344,993.44. This project is included in the Capital Improvements Program with a $370,000 budget. Backaround This project provides for milling and asphalt resurfacing of the entire NE 20yth Street corridor from Biscayne Boulevard east to the One Island Place/Island Way Condominium entrance. This also includes all pavement markings and replacement of eighteen handicap ramps. In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on April 8, 2005. The City received one (1) bid for this project as follows: Weekly Asphalt Paving, Inc. $ 344,993.44 The City's consultant engineer has reviewed the bid and has advised that the amount bid is well within the original estimate provided by the firm. They also indicated that the reason for the lack of bidders may be the small size of the project and the amount of road construction work currently underway in the area. If you have any questions or need any additional information, please feel free to contact me. EMS/act RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 05-04-08-2, NE 207TH STREET RESURFACING IMPROVEMENTS, TO WEEKLY ASPHALT PAVING, INC. AT THE BID PRICE OF $344,993.44. 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 of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 05-04-08-2, NE 207th Street Resurfacing Improvements; and WHEREAS, a sealed bid has 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 projecUwork as cited above; and WHEREAS, staff has determined that Weekly Asphalt Paving, Inc., has submitted the lowest responsible and responsive bid for said projecUwork; 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: Resolution No. 2005- Page 2 Section 1: That bid/contract for BID NO. 05-04-08-2, NE 2071h Street Resurfacing Improvements, is hereby awarded to Weekly Asphalt Paving, Inc. in the amount of $344,993.44. 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 the Capital Improvements Program Budget Line Item Number 120-5001-541-6305. Section 5: This Resolution shall be 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 Bob Diamond Commissioner Billy Joel Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. 2005- Page 3 PASSED AND ADOPTED this 3'd day of May, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SECTION 00410 BID FOR:\I THIS BID IS SUBMITTED TO: City of Aventura 19200 West Country Club Drive A ventura, Florida 33180 BID FOR: N.E. 207th Street Resurfacing BID No: 05-04-08-2 The undersigned BIDDER proposes and agrees. if this Bid is accepted. to enter into an agreement with The City of A ventura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 1. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S. including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. In submitting this Bid. BIDDER represents. as more fully set forth in the Agreement, that (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. Addendum No. Addendum No. Addendum No. Dated: Dated: Dated: Dated: (b) BIDDER has familiarized themselves with the nature and extent oflhe Contract Documenls. Work, site, locality. and all local conditions and Law and Regulations that. in any manner may affect cost. progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations. investigations. explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect tile cost. progress. performance. or furnishing uli;,th~ :V\l[K; at Jh,e Contf;t\:'!Ji.hSJii/hin the Contract Time and in accordance with the other terms :and,~ondit.i\Jnp of the Contract Documents. and no additional examinations. inve~~jllJli;ati_ tests. reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No N. E. 207'h Street Resurfacing City of Aventura Bid No. 05-04-08-2 CTA Project No. 01-0103.046 00410 - 1 additional examinations. investigations. explorations. rests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (0 BIDDER has correlated the results of all such observations. examinations. investigations. explorations. tests. reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts. errors. discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted in conformity with any agreement or rules of any group. association, organization. or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid: BIDDER has not solicited or induced any person. firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. 3. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City. the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor. materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: T~ 1\>>v--Mr"J) f~ iO'\A.A ~~ ~ ~ ~'ho \, ^ -.\t i\ Q Q dollars and G C, j -0 'I ~ Vy (.Q.,~ cents LUMP SUM (Written Total Bid Price - Fr m Schedule Of Values) BIDDER agrees that the work will be complete in full within 120 calendar days from the date stipulated in the Notice to Proceed. 4. Communications concerning this Bid shall be addressed to; 00410-2 BIDDER: Address: weeide)' Asphalt Paving, lno 6"01.1.,,,"-1 Telephone 'i"~0~0800S''''.-- "'_ Facsimile Number ~ '5'-\ Co'SO'iSiPi \ Attention: Bon \.^Jr..e L.\e '-I \ N.E. 207" Street Resurfacing City of A ventura Bid No. 05-04-08-2 CTA Project No. 01-0103.046 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT GENERAL REQUIREMENTS Item Quantity Unit Price Description Unit GENERAL General Conditions LS $ l)SCO,c-O 2 Mobilization LS $ q ,0.00,,0-0 3 Maintenance ofT raffic LS $ I (,.\Sl.\O ,00 STREET RESURFACING 4 30,158 Mill Existing Asphalt (1" minimum SY $ ~+5'" $/ thickness) 5 30,158 Install 1 "Minimum Type S-IIl Asphalt SY $ 3,g-~ 6 18 Install New Handicap Ramp EA $ ;}>'~W ,CO 7 1 Pavement Markings and Signage LS $ 3"1;"'100,<10 TOTAL VALUE OF THIS BID $ 3'+4) C193 _# N.E. 207m Street Resurfacing City of Aventura Bid No. 05-04-08-2 CTA Project No. 01-0103.046 00410 - 4 ~, ~ I II ; -':i I ~ II CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-C DATE: April 21, 2005 SUBJECT: Resolution Declaring Equipment Surplus May 3, 2005 Commission Meeting Agenda Item S - 1:> RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring old police vehicles as surplus to the needs of the Police Department. The vehicles will be sold at the annual City auction. 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 rnay 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 rne. EMS/aca Attachrnent CC01342-05 CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Tom Ribel, Chief of Police DATE: April 19, 2005 SUBJECT: Surplus Property Request that the attached vehicles, and accessories, be placed on the agenda for the next commission meeting to be declared surplus city property and disposed of as per City of Aventura APDP, Chapter 6. Subsection 5. page 1: Vehicle Vehicle VIN # City Tag Model Year # 1996 2FALP71VV2TX156878 124827 CV =Crown Victoria 1996 2FALP71VV4TX156882 124839 CV 1996 2FAL071VV6TX139503 124832 CV 1996 2FALP71VV5TX139511 124829 CV 1997 2FALP71VV1VX140058 128213 CV 1997 2FALP71VV6VX140055 128210 CV 1997 2F ALP71 VV9VX212902 129826 CV 1994 1J4FJ67S6RL207628 131641 Jeep Cherokee 1997 1 K9B S0812VK 118599 129700 Smart Radar Trailer I 1997 2FALP71VV4VX212905 129823 CV I RESOLUTION NO. 2005-_ 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 AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Cohen, who moved its adoption. The motion was seconded by Commissioner Diamond, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Billy Joel Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. 2005-_ Page 2 PASSED AND ADOPTED this 3rd day of May, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT "A" Vehicle Year Vehicle VIN # City Tag # Model I 1996 2FALP71VV2TX156878 124827 CV =Crown Victoria 1996 2FALP71VV4TX156882 124839 CV 1996 2F AL071 VV6TX 139503 124832 CV 1996 2FALP71VV5TX139511 124829 CV 1997 2FALP71VV1VX140058 128213 CV 1997 2FALP71VV6VX140055 128210 CV 1997 2F ALP71 VV9VX212902 129826 CV 1994 1J4FJ67S6RL207628 131641 Jeep Cherokee 1997 1K9B S0812VK118599 129700 Smart Radar Trailer 1997 2FALP71VV4VX212905 129823 CV I CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM BY: ort Services Director TO: FROM: DATE: April 27, 2005 SUBJECT: Comprehensive Annual Financial Report - FY 2003/2004 May 3, 2005 City Commission Meeting Agenda Item $'- is- Recommendation It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2004." Backaround The Comprehensive Annual Financial Report (CAFR) was distributed to the Mayor and Commissioners on April 26th A memorandum was distributed along with the CAFR. The Rules of the Auditor General, Chapter 10.550, requires that the CAFR be filed as an official record at a public meeting. This motion satisfies that requirement. A representative of Keefe McCullough & Company, the audit firm, will be present at the meeting. However, since the CAFR is the responsibility of the City, I respectfully request that any questions be discussed with the City Manager and me prior to the meeting. HMK/mn THE CITY OF AVENTURA, FLORIDA . , , s i A , r004"11. e 4111/4. •,•..` ir t, • i0 . '41. _ill 1 . F- 41114.10 MIS COMPREHENSIVE ANNUAL ,40N----‘--1--/M,_ \\ FINANCIAL REPORT * -' FOR THE FISCAL YEAR ENDED4.‘ ,0•2° _ \� SEPTEMBER 30 2004 6e,, 4 s COMPREHENSIVE ANNUAL FINANCIAL REPORT ' OF THE a CITY OF AVENTURA, FLORIDA FOR THE YEAR ENDED SEPTEMBER 30, 2004 a r a • r Prepared By: Finance Support Services a a CITY OF AVENTURA, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT TABLE OF CONTENTS a September 30, 2004 +� PAGES INTRODUCTORY SECTION: a Letter of Transmittal i-vi City Officials vii City Governmental Structure viii a Certificate of Achievement of Excellence in Financial Reporting ix FINANCIAL SECTION: r Independent Auditors' Report 1-2 SO Management's Discussion and Analysis (not covered by Independent Auditors' Report) 3-8 Basic Financial Statements: a Government-wide Financial Statements: Statement of Net Assets 9 a Statement of Activities 10 Fund Financial Statements: a Balance Sheet - Governmental Funds 11 a Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets 12 Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds 13 Reconciliation of the Statement of Revenues, a Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 14 Statement of Revenues, Expenditures and Change in Fund Balance - Budget and Actual - General Fund 15-17 Statement of Revenues, Expenditures and Change in Fund Balance - Budget and Actual - Charter School Fund 18 Statement of Net Assets - Proprietary Fund 19 Statement of Operating Revenues, Expenses and Change in Fund Net Assets - Proprietary Fund 20 Statement of Cash Flows - Proprietary Fund 21 CITY OF AVENTURA, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT TABLE OF CONTENTS (continued) September 30, 2004 PAGES 1 Statement of Fiduciary Net Assets - Police Officers' Retirement Plan Fund 22 Statement of Changes in Fiduciary Net Assets - Police Officers' Retirement Plan Fund 23 Notes to the Financial Statements 24-40 REQUIRED SUPPLEMENTARY INFORMATION: 1 Schedule of Funding Progress - Police Officers' Retirement Plan Fund 41 Schedule of Contributions from Employer and the State of Florida - Police Officers' Retirement Plan Fund 42 OTHER FINANCIAL INFORMATION: Combining Financial Statements: Combining Balance Sheet - Nonmajor Governmental Funds 43-44 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds 45-46 Budgetary Schedules: Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Special Revenue Funds 47-48 Schedule of Revenues, Expenditures and Changes in Fund Balances - 1 Budget and Actual - Debt Service Funds 49-50 Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Capital Projects Funds 51-52 Capital Assets Used in the Operation of Governmental Funds Schedule of Capital Assets by Function and Activity 53 Schedule of Changes in Capital Assets by Function and Activity 54 STATISTICAL SECTION (NOT COVERED BY INDEPENDENT AUDITORS' REPORT): General Governmental Expenditures by Function 55-56 1 General Revenues by Source 57-58 Property Tax Levies and Collections 59-60 Assessed Value of Taxable Property 61 Property Tax Millage Rates - Direct and Overlapping Governments 62-63 Ratio of Net Bonded Debt to Total Assessed Value and Net Bonded Debt Per Capita 64-65 CITY OF AVENTURA, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT TABLE OF CONTENTS • (continued) September 30, 2004 + PAGES + Computation of Legal Debt Margin 66 Computation of Direct and Overlapping Debt 67 • Ratio of Annual Debt Service Expenditures for General Bonded Debt to Total General Governmental Expenditures 68 + Estimated Value of Construction and Bank Deposits 69 Principal Taxpayers 70 + Demographics and Miscellaneous Statistics 71 OTHER REPORTS OF INDEPENDENT AUDITORS: • Independent Auditors' Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements + Performed in Accordance with Government Auditing Standards 72-73 Independent Auditors' Report to City Management 74-75 a • • • • INTRODUCTORY SECTION S • Jy \lFl T , City ©F Aventura Government Center ray "c cBA 19200 West Country Club Drive Aventura, Florida 33180 w • SUSAN GOTTLIEB MAYOR w a April 25, 2005 COMMISSIONERS 7EV AUERBACE 911Boa DIAMOND HARay HOIZBERC • To the Honorable Mayor and 'buy JoEi. Members of the City Commission MICHAEL STERN +� City of Aventura, Florida LI'zURBAE]wEINBERG Aventura, Florida ERIC M.Sono/u,ICMA-CM CITY MANAGER • In accordance with Section 11.45, Florida Statutes, and Section 4.11 of the City Charter, es submitted herewith is the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2004. "" The financial statements included in this report conform to accounting principles generally • accepted in the United States of America (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 to have been audited by Keefe, McCullough & Co., LLP, Certified Public Accountants. The r 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 CAFR is divided into four parts: Introductory Section, Financial Section, Statistical • Section, and Other Reports of Independent Auditors. a The Introductory Section provides a summary of the contents of the entire report and general information about the reporting entity, The Financial Section includes the Auditors' Opinion, • Management's Discussion and Analysis, the Basic Financial Statements, Notes to the Financial Statements, Combining Financial Statements, Required Supplementary Information, and Other Financial Information, which includes other statements and schedules provided to supplement r required financial data. The Statistical Section includes a number of tables that provide historical, social, economic and financial trend data that offers an overview of the City s fiscal situation. This section is not included within the scope of the Auditors' opinion or other reports. The contents of this report are aimed at compliance with GASB pronouncements, including Statement No. 34, requiring the preparation of new government-wide financial statements on a full-accrual basis of accounting for all funds, and including Management's Discussion and Analysis. r THE REPORTING ENTITY AND ITS SERVICES r The City of Aventura 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 os provides General Government, Public Safety and Community Services to its residents and business community. The Mayor and six City Commissioners are responsible for establishing a policies for City Government. 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. - PHONE: 305-466-8900 • FAX: 305466-8939 www_Ci tyof ve n to ra.coin i 1 This report includes all of the funds and account groups for which the City of Aventura is i 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 corporate limits of the City of Aventura, 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. ECONOMIC CONDITIONS AND OUTLOOK The City of Aventura serves an area of approximately 4 square miles with an estimated population of approximately 28,000 residents. Prior to incorporation, the City received services from Miami- Dade County as a part of their unincorporated municipal services taxing unit. The City received no real property, facilities or equipment from Miami-Dade County upon incorporation. { The City's combination of upscale residential and commercial developments results in a taxable 1 value of$ 4.6 billion with a land area of less than 4 square miles. This makes the City of Aventura's taxable value per capita of approximately $ 164,000 among the highest in the County and State. The 2003/04 fiscal year was another active construction year for the City with a good combination of upscale housing and commercial projects. An analysis of projects in the various stages of the planning and development process indicates that building activity will continue to be geared toward similar type activities for two to three more years. The City's image as an upscale community will be further enhanced by the changes discussed under Major Initiatives. MAJOR INITIATIVES i 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 five years of the City's existence, the City focused on the infrastructure needs of the community. In 2002, the City Commission adopted a series of initiatives to address the need to develop a sense of community and respond to the changes in demographics toward a younger community. These initiatives included: • Creating a town center in the City; • Providing an elementary school to serve the City; • Constructing a community recreation center to provide programs for all age groups. 1 Our Community Recreation Center was dedicated in February of 2003. The 25,000 square foot facility is located in a park like setting on the waterfront and includes a full size gym, meeting rooms, computer lab, exercise and aerobic facilities, and classrooms. At this time, there are 2,100 members that belong to the Center and enjoy the programs and activities that are provided at the facility. This has surpassed our original estimates. This truly has met the goal of providing a focal point for residents to meet and enjoy their leisure time. i ii 1 + • + The August 25, 2003 opening of Aventura Charter Elementary School (ACES) represented several milestones in the City's short history. The School was the first school within the City's • boundaries and the first municipal sponsored charter school in Miami-Dade County. The School + opened at full capacity with 600 students and needed a lottery in most grades due to the overwhelming number of applications. The second year was equally successful. The 2004/05 budget includes funds a to construct an expansion of the school to allow middle school attendance in grades 6, 7 and 8 in future years. The City Commission has approved plans for Phase I of the Town Center development on the Loehmann's Plaza site. Phase I, which began in 2004, included demolition of six buildings in the + southeast corner of the site and construction of two residential buildings, one eleven stories high and one seven stories high, connected by a four story parking garage with a total of 500 condominium units and retail space on the ground floor of the north elevation. + To support the redevelopment of the Town Center,the City Commission approved comprehensive plan amendments and rezonings to permit medium density residential development on N.E. 188th Street. Construction of the first three condominium buildings on the street, Upton Marian Lofts with 216 units; The Atrium at Aventura with 192 units; and Eastside at Aventura with 39 units, began in s 2004. All of these developments will include a public walkway along the canal to the north and south of N.E. 188th Street. a " FINANCIAL INFORMATION a Internal Accounting 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 generally accepted accounting principles. 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 +s internal accounting controls adequately safeguard assets and provide reasonable assurance of proper + recording of financial transactions. Budgetary Control: + 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 monies are recorded in the accounting records was utilized throughout the fiscal year. + Overview of Financial Activity: + 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's Discussion and Analysis Section of this report. det + + Hi 1 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 fund balance at September 30, 2004 for the General Fund is approximately $ 12.6 million, representing approximately 35% of the 2004/2005 budget. A major portion of this amount($9.2 million) is used to fund a capital reserve account in the 2004/2005 budget. The capital reserve account may be allocated by the City Commission to fund budget needs in the 2004/2005 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. I Retirement Programs: The City contributes to three defined contribution pension plans based on employee classifications I 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 13.5% and 18% of each employee's salary, depending on the employee classification. There are no employee contributions. Employer contributions for the fiscal year ended September 30, 2004 were approximately$382,000. 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 control 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 new program was effective October 1, 2003 and was funded by a combination of City and employee contributions and state insurance premium taxes. Financing Programs and Debt Administration: 1 The City currently has three outstanding long-term debt issues. At September 30, 2004, the principal balance outstanding totaled $ 37,155,000. The Florida Municipal Loan Council loan 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 on April 1st and interest payments on April 1st and October 1st of each year with the final maturity on April 1, 2029. Debt service requirements average approximately$ 1.35 million per year over the thirty-year life of the bonds. Interest rates range from 3.2% to 5.125% depending on maturity date. I 1 iv 1 r r The Series 2000 Revenue Bonds are bank qualified debt, secured solely by a covenant to budget and appropriate the required debt service each year. This loan is structured the same as a serial bond • issue with annual principal payments due on October 1st of each year and semi-annual interest payments on April 1st and October 1st. Debt service requirements average approximately$510,000 per year over the twenty year life of the obligation. The interest rate is 5.04%. The Series 2002 Revenue Bonds were financed through the Florida Intergovernmental Finance Commission. The loan is secured solely by the 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 1st and interest payments due on February 1st and August Ist of each year. r Interest rates range from 2.5% to 5.0% during the thirty year term of the financing. Debt Service requirements are approximately $ 440,000 per year. r Cash Management: • All funds, other than restricted cash held by fiscal agents resulting from borrowing transactions, are centrally managed through the use of a pooled cash account. During the year, all funds in the pooled cash accounts were held in an interest bearing checking account collateralized through the State Treasury Public Depository program or with the Florida State Board of Administration (SBA) investment pool. The checking account and SBA investment pool are fully insured and immediately r available and considered as cash and cash equivalents. With the exclusion of accounts held by fiscal agents, the total portfolio ranged from $7 to $ 12 it million. The portfolio averaged approximately $ 10 million with interest earnings of approximately $ 113,000 resulting in an average rate of return of 1.1%. Risk Management: The City is insured with the Florida Municipal Insurance Trust for liability, property and workers compensation coverage. The liability limit under the policy is $ 5,000,000. r * OTHER INFORMATION a 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 Keefe, McCullough & Co., LLP, Certified Public Accountants, to perform the independent audit of the City's accounts and records. The independent auditors' reports are included in the Financial and Other Reports of Independent Auditors' sections. a Certificate of Achievement: ✓ The Government Finance Officers Association of the United States and Canada(GFOA)awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Aventura for its comprehensive annual financial report (CAFR) for the fiscal year ended September 30, 2003. The r Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily ✓ readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. r ✓ v A Certificate of Achievement is valid for a period of one year only. We believe our current 1 report continues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA. Acknowledgments: The preparation of this report on a timely basis could not have been accomplished without the efficient and dedicated services of the entire staff of the Finance Support Services Department. We express our appreciation to all members of the Department who assisted and contributed to its preparation. We also wish to thank the Mayor and City Commissioners for their interest and support in planning and conducting the financial operations of the City in a responsible and progressive manner. Respectfully submitted, Harry M. Kilgore, C.P.A. Finance ort Services D. ctor 1 Eric M. So1 City Managagi 1 • 1 1 1 1 1 . 1 1 vi 1 r CITY OF AVENTURA, FLORIDA CITY OFFICIALS r September 30, 2004 w r CITY COMMISSION Jeffrey M. Perlow, Mayor r Zev Aurebach Jay R. Beskin Ken Cohen Bob Diamond Manny Grossman Harry Holzberg CITY MANAGER qo Eric M. Soroka r DEPARTMENT DIRECTORS r Harry M. Kilgore, Finance Support Services Robert M. Sherman, Community Services Teresa M. Soroka, CMC, City Clerk a Thomas E. Ribel, Police Chief Joanne Carr, Planning Director ,�. Mariano Fernandez, Building Director/Official Dr. Katherine Bray Murphy, Charter School Principal CITY ATTORNEYS ✓ Weiss Serota Hellman Pastoriza, Guedes, Cole & Boniske, P.A. ✓ CITY AUDITORS Keefe, McCullough & Co., LLP Certified Public Accountants a r r r vii CITY OF AVENTURA, FLORIDA CITY GOVERNMENTAL STRUCTURE '., September 30, 2004 I RESIDENTS I I I CITY COMMISSION I I CITY ATTORNEY CITY MANAGER CITY CLERK Legal Services Administration Minutes 1 Budget Preparation Records Retention Customer Service Clerical Support j Capital P('ojects I Public Safety Community Finance Support Community Department Development Services Services Department Department Department Police Planning Finance/Accounting Community Facilities 1 Patrol Zoning Purchasing Parks/Beautification Community Relations Building Inspections Risk Management ROW/Median Maintenance 1 Criminal Investigations Code Enforcement Information Management Public Works Traffic Enforcement Economic Development Personnel Mass Transit Emergency Preparedness Occupational Licenses Special Events Recreation/Cultural I Charter School II viii r • r Certificate of Achievement for Excellence in Financial Reporting Presented to City of Aventura, r Florida For its Comprehensive Annual Financial Report An for the Fiscal Year Ended r September 30, 2003 A Certificate of Achievement for Excellence in.Financial r - 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 ak standards in government accounting a and financial reporting. ✓ 43` n U • ANs vmu. - � President p1� Ase Executive Director r • i ix FINANCIAL SECTION " " " MANAGEMENT'S DISCUSSION AND ANALYSIS (NOT COVERED BY INDEPENDENT AUDITORS' REPORT) " " " r w r Abk ,tly YE"xYvw.4 '.I L Y 'h KEEFE, MCCLJLLOUGH 6c CO.,LLP (FRTIF!ED PUBLIC ACCOUNTANTS a Aa416'StY +g ;u d, r'-sr,`°_ :F . ... r3`Y:.,.i ✓. �, 6550 NORTH FEDERAL HIGHWAY w JOHN R.McCULLOUO Jos WILLIAM GBErOA SUITE 410 TO A T CARPENTER. PA.IREfIREm WILLUM PI BENSON,CPA. Ir THOMAS SN CARPENTER.CPA BRIAN D. 0 SMC.P.A. ORT LAUDERDALE,FLORIDA 33308 STEVEN H WOOR.DS,CA1RE1lPED1 LOURHROIFfl SMITH, PSTEVEN DAvmT H WOODS,C'PA. LOUISYCR.YNTHIA L. ALVO C.P.A. X(954)771-0896-9 DnvmEwulaMSCPA. crlrrxlA L.CALVERT.crA. FAX:(954)938-9353 CHRrsroPHER L.COLLINS,C P.A. ISRAEL i.GOMEZ C PA. &MAIL:kmc@kmccpa.com a CHARLES K.RUMPS CPA. KEVIN R.ROACH.C C.P.A. a e a INDEPENDENT AUDITORS' REPORT a To the Honorable Mayor, City Commission and City Manager City of Aventura, Florida Aventura, Florida a We have audited the accompanying financial statements of governmental activities,business-type a activities,major funds and the aggregate remaining fund information of the City of Aventura, Florida (the City), as of and for the year ended September 30, 2004 and the balance sheet and statement of • revenues, expenditures and changes in fund balance for the Charter School Fund as of and for the • year ended June 30, 2004, 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 an opinion on these financial statements based on our audit. a 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 a 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 w amounts and disclosures in the basic financial statements. An audit also includes assessing the a accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. a In our opinion, the basic financial statements referred to above, present fairly, in all material respects, the respective financial positions of the governmental activities, business-type activities, major funds and the aggregate remaining fund information of the City of Aventura, Florida at a September 30, 2004 and the Charter School Fund at June 30, 2004, and the respective changes in financial positions and cash flows, where applicable,and the respective budgetary comparison for the General Fund and Charter School Fund, 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 February 2, 2005, on our consideration of the City of Aventura's internal control over financial a reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing - Standards and should be read in conjunction with this report in considering the results of our audit. a a 1 City of Aventura, Florida Y Management's Discussion and Analysis is not a required part of the basic financial statements, i ire byGASB. We applied certain limited procedures, which but is supplementary information required pp consist principally of inquiries of management regarding the methods of measurement and presentationsupplementary of the su lementar information. However, we did not audit the information and express no opinion thereon. Our audit was conducted for the purpose of forming an opinion on the basic financial statements i of the City of Aventura, Florida taken as a whole. The combining and individual fund statements and schedules as listed in the table of contents are also presented for purposes of additional analysis and are not a required part of the basic financial statements. All such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly presented, in all material respects, in relation to the basic financial statements taken as a whole. The introductory, other financial information and statistical sections of this report have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. 74 %//� kit KEEFE, McCULLOUGH & CO., LLP I Fort Lauderdale, Florida February 2, 2005 i ' 1 i 1 1 1 1 1 i a 2 1 CITY OF AVENTURA, FLORIDA MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2004 a Our discussion and analysis of City of Aventura, Florida's (the City) financial performance + provides an overview of the City's financial activities for the fiscal year ended September 30, 2004. Please read it in conjunction with the City's financial statements, which immediately follow this discussion. a FINANCIAL HIGHLIGHTS The following are the highlights of financial activity for the fiscal year ending September 30, 2004: • The City's total net assets exceeded its liabilities at September 30, 2004 by $ 41,857,177 + (net assets). Of this amount, $ 36,444,336 related to governmental activities and $ 5,214,841 related to business-type activities. + • The City's revenues for governmental activities, excluding transfers, were$ 30,217,116; expenses for governmental activities were $ 26,152,645. • Revenues for the City's business-type activities, excluding transfers were $ 828,754; expenses totaled $ 147,242. • As of the close of the fiscal year, the City's governmental funds reported combined ending a fund balances of$ 19,041,613, a increase of$ 2,154,432 compared with the prior year. • The City's bonded debt decreased by $ 900,000, all of which was for governmental activities. a • The total fair value of the City's investments, cash and cash equivalents at September 30, 2004 was$20,351,788. Interest rates continued their decline over the fiscal year. Interest + earnings for the General Fund were less than the amount received in fiscal year 2003. OVERVIEW OF THE FINANCIAL STATEMENTS a This discussion and analysis is intended to serve as an introduction to the City's basic financial statements. The basic financial statements are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3)notes to the financial statements. This report '• also contains other required supplementary information in addition to the basic financial statements themselves. + Government-wide financial statements. The government-wide financial statements include the statement of net assets and statement of activities. They are designed to provide a broad overview of the City as a whole similar to private sector financial statements. The statement of net assets shows the total assets and liabilities for the City with the difference being net assets. The change in net assets over time may be an indicator of the City's financial health. The statement of activities provides a breakdown of revenues and expenditures by functions, i.e. those generally supported by taxes and intergovernmental activities. Those functions that are primarily funded through user fees and charges are identified as business-type activities. In Aventura, the latter includes the Stormwater Utility operations. The government-wide financial statements can be found on pages 9 and 10 of this report. a Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City a categorizes funds into three basic fund types: governmental funds, proprietary funds, and fiduciary funds. 3 CITY OF AVENTURA, FLORIDA MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2004 Governmental funds (beginning on page 11) are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the City's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide reconciliations to facilitate this comparison between governmental funds and governmental activities. The City maintains fifteen individual governmental funds. Of this number, the General Fund, Charter School Fund, Series 2000 Capital Construction Fund and Series 2002 Capital Construction Fund - Charter School Building Construction Fund are considered major funds and thus are reflected separately in the fund financial statements. All the other governmental funds are combined for presentation purposes as nonmajor funds. Proprietary Fund (beginning on page 19) is the equivalent of business-type activities in the 3 government-wide statements. It includes the Stormwater Utility Fund. The City operates no Internal Service Funds. Fiduciary Fund (beginning on page 22) represents trust responsibilities of the City and is restricted in purpose for the benefit of parties outside the City. Fiduciary Funds are not reflected in the government-wide financial statements because they do not represent discretionary assets of the City3 and thus are not available to support the City's own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. Notes to the financial statements. are integral to a complete understanding of both the 1 government-wide and fund financial statements. The notes to the financial statements can be found on pages 24-40 of this report. Other information: In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's progress in funding its obligation to provide pension benefits to its employees. This required supplementary information is found on pages 41-42 of this report. 3 This report also presents certain other financial information concerning the City's combining financial statements and budgetary schedules. Other financial information begins on page 43 of this report. GOVERNMENT-WIDE FINANCIAL ANALYSIS 1 As noted earlier, net assets may serve over time to be a useful indicator of a governmental entity's financial position. In the case of the City of Aventura, assets exceeded liabilities by $ 41,857,177 at the close of the year. 4 â–  • CITY OF AVENTURA, FLORIDA a MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2004 a The largest portion of the City's net assets (67%) reflects its investment in capital assets (e.g., • land, buildings, improvements other than buildings, infrastructure, machinery and equipment), less any related debt used to acquire those assets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. ,i Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital • assets themselves cannot be used to liquidate these liabilities. • The table below summarizes the City's net assets for the past two fiscal years: City of Aventura, Florida • Net Assets Governmental Activities Business-Type Activities _ Total 2004 2003 2004 2003 2004 2003 a Current and other assets $ 23,181,214 $ 20,761,992 $ 63,880 $ (220,836) $ 23,245,094 $ 20,541,156 . Capital assets, net 55,092,756 53.399.308 5,350.598 5,350,003 60,443,354 58,749,311 • Total assets 78,273,970 74,161,300 5,414,478 5.129.167 83,688,448 79,290,467 or Other liabilities 4,691,384 4,370,468 1,637 934 4,693,021 4,371,402 Long-term liabilities • outstanding 37,138,250 37.813.249 -- -- 37,138,250 37.813.249 ., Total liabilities 41.829.634 42,183,717 1637 934 41,831,27l 42.184.651 • Invested in capital assets, net of related debt 22,471,893 19,880,605 5,350,598 5,350,003 27,822,491 25,230,608 . Restricted 1,872,770 5,214,557 -- — 1,872,770 5,214,557 Unrestricted 12,099.673 6,882,421 62 243 (221370) 12.161.916 6,660,651 • Total net assets $ 36,444,336 $ 31,977,583 $ 5,412,841 $ 5,128.233 $ 41,857,177 $ 37.105.816 • Governmental activities. Governmental activities increased the City's net assets by $ 4,466,753, thereby accounting for 94% of the total growth in the net assets of the City as reflected in the table below: • City of Aventura, Florida Changes in Net Assets . Governmental Activities Business-Type Activities Total • 2004 2003 2004 2003 2004 2003 REVENUES: Program revenues: Charges for services $ 3,687,394 $ 3,589,470 $ 826,199 $ 820,926 $ 4,513,593 $ 4,410,396 • Operating grants and contributions 4,099,084 164,260 -- -- 4,099,084 164,260 » Capital grants and contributions 401,076 14,523 -- 650,000 401,076 664,523 • General revenues: Ad valorem taxes 10,143,246 9,075,096 -- — 10,143,246 9,075,096 , Utility Service taxes 5,460,119 5,397,011 -- -- 5,460,119 5,397,011 Franchise fees 2,185,155 1,875,199 -- -- 2,185,155 1,875,199 • Intergovernmental revenues 3,203,912 2,861,600 -- — 3,203,912 2,861,600 Investment earnings 174,983 246,216 2,555 3,262 177,538 249,478 Other 862.147 161,045 -- — 862,147 161.045 a Total revenues 30.217116 23,384.420 828.754 1.474.188 31,045,870 24.858.608 • 5 CITY OF AVENTURA, FLORIDA MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2004 Governmental Activities Business-Tvoe Activities Total 2004 2003 2004 2003 2004 2003 EXPENSES: General government 2,539,000 2,287,133 -- -- 2,539,000 2,287,133 Public safety 11,548,304 10,262,009 -- -- 11,548,304 10,262,009 Community services 8,395,691 4,822,153 -- -- 8,395,691 4,822,153 Nondepartmental 1,839,320 1,614,238 -- -- 1,839,320 1,614,238 Debt service 1,830,330 1,785,364 -- -- 1,830,330 1,785,364 Stormwater Utility -- -- 147 242 125.727 147,242 125,727 Total expenses 26.152.645 20.770.897 147.232 125.727 26,299,887 20.896.624 Increase in net assets before transfers 4,064,471 2,613,523 681,512 1,348,461 4,745,983 3,961,984 Transfers 402.282 567.037 (396,904) (567,037) 5.378 -- Increase in net assets 4,466,753 3,180,560 284,608 781,424 4,751,361 3,961,984 Net assets at beginning ofyear 31 977 583 28 797 023 5,128,233 4 346 809 37.105.816 33,143,832 Net assets at end of year $ 36,444,336 $ 31,977,583 $ 5.412.841 $ 5.128.233 $ 41,857,177 $ 37,105,816 Business-type activities. In the business-type activities,revenues,comprised mainly of service fees (99%), exceeded expenses for stormwater utility by $ 681,512. I ANALYSIS OF THE GOVERNMENT'S FUNDS The City of Aventura uses fund accounting to ensure and demonstrate compliance with finance- I related legal requirements. The fund financial statements for governmental funds provide information on the 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 be useful as an indicator of a government's net resources available for spending at the end of the fiscal year. 3 Overall, governmental funds ended the year with a total balance of$ 19,041,613, including $ 14,449,940 unreserved. Compared to the prior year, total governmental fund balances increased by approximately $2.2 million while unreserved balances decreased by approximately $ 1.2 million. The major factor resulting in the decrease in unreserved balance was the encumbrance of approximately $ 4.0 million for construction of the expansion of Aventura City of Excellence School to allow for the addition of grades 6 through 8. The General Fund is the chief operating fund of the City and had a total balance at September 30, 2004 of$ 12,649,983, of which$ 8,089,508 was unreserved but designated for subsequent year's expenditures. The significant highlights of the General Fund activity include: • Ad valorem taxes increased by approximately $ 1.1 million as a result of new construction and increased in assessed value of existing property. The ad valorem . rate remained unchanged at 2.227 mils, the same rate as was in effect each of the seven prior years. ' 6 I • + CITY OF AVENTURA, FLORIDA MANAGEMENT'S DISCUSSION AND ANALYSIS + September 30, 2004 • Investment earnings decreased because of the continued downward trend in interest rates. • Special Revenue Funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes. One of the Special Revenue Funds is the Charter School + Operating Fund. This fund is used to account for the operation of the Aventura City of Excellence School. The amounts shown are for the state mandated fiscal year of July 1, 2003 through June 30, 2004. This was the first year of actual operation of the school. Fund balance increased by approximately $ 250,000 for the year. All revenues were intergovernmental (state) revenues which were passed through the Miami Dade District School Board pursuant to state law. Other special « revenue fund highlights for the year were the increase in police impact fees by approximately $ 111,000 and in park impact fees by $ 584,000. These amounts were received because building + permits were issued, primarily for new residential units. These amounts will be used to fund capital outlay costs for the police and expansion of the City's parks system in future years. Y • Debt Service Funds account for the payment of principal and interest on the City's governmental activities debt. There were no new bond issues and the City retired $ 900,000 in bonds during the year. • Capital Project Funds account for the expenditures for major, non General Fund supported « capital projects. The major fund's balance at year end was approximately $ 4.1 million which will used in future years to acquire land for expansion of the City's park system. r The City's proprietary fund is presented in more detail in the fund statements but represents the same activities reflected in the business-type activities. In fiscal year 2004, the Stormwater Utility r Fund had operating income of $ 826,199 and operating expenses were $ 147,242. Net assets for Stormwater Utility increased by $ 284,608. r GENERAL FUND BUDGETARY HIGHLIGHTS General Fund revenues were $ 416,582 more than the final budget projections. Expenditures + were $ 12,142,651 less than final appropriations. The General Fund budget was amended by a total of$2,086,600. Of this amount, $ 434,000 r was to recognized grant revenue and expenditures not originally budgeted, $496,000 was to recognize building permit revenue and associated costs being greater than anticipated, and $ 99,000 was added to cover additional costs of police services for extra duty detail which are covered by revenues from the companies who request service. In addition, the capital reserve was increased by $ 710,000 to recognized fund balance at September 30, 2003 being greater than projected when the budget was ,• prepared. There were also various other budget adjustments and revisions to accommodate unforeseen expenses during the year, including some unreimbursed costs of Hurricane Charley and Frances. r CAPITAL ASSETS AND DEBT ADMINISTRATION • Capital Assets. The City's investment in capital assets for its governmental and business-type activities as of September 30, 2004 amounts to $ 60,443,354 (net of accumulated depreciation). e• 7 CITY OF AVENTURA, FLORIDA I MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2004 i City of Aventura, Florida Capital Assets (net of accumulated depreciation) Governmental Activities Business-Type Activities Total 2004 2003 2004 2003 2004 2003 Land $ 14,592,603 $ 14,592,603 $ -- $ -- $ 14,592,603 $ 14,592,603 3 Buildings 26,708,718 27,454,840 -- -- 26,708318 27,454,840 Improvements other than buildings 4,115,293 4,035,712 -- -- 4,115,293 4,035,712 Infrastructure 5,912,349 4,285,012 5,350,598 5,350,003 11,262,947 9,635,015 Furniture, machinery and equipment 3,665,015 3,031,141 -- -- 3,665,015 3,031,141 Construction in progress 98.778 -- -- 98,778 -- Total $ 55.092.756 $ 53.399.308 $ 5,350,598 $ 5,350,003 $ 60,443,354 $ 58,749,311 1 Debt Administration. At the end of the fiscal year, the City's long-term debt totaled $ 37,155,000. All was governmental activity debt, payable from future non-ad valorem tax revenues. 1 Readers desiring detailed information on capital assets and long-term debt activity are referred to pages 34 through 36 of the notes to financial statements. 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 I the State operates primarily using sales, gasoline and corporate income taxes. Local governments (cities, counties and school boards) primarily rely on property and a limited array of permitted other taxes(utilities taxes and franchise fees and occupational license)as well as intergovernmental revenues for their governmental activities. For business-type and certain governmental activities (construction services and recreational programs), the user pays a related fee or charge associated with the service. The adopted operating budget for fiscal year 2005 totals$38,460,828 million, 12% lower than the final operating budget for fiscal year 2004. This decrease was because Capital Projects funds resulting from the various financings were fully expended in the 2003/04 fiscal year. The General e Fund budget for fiscal year 2004 is $ 36,195,053 million, 7% higher than fiscal year 2004. The millage rate was the same for the eighth consecutive year and Stormwater rates remained constant. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of the City of Aventura's finances for all those with an interest in the City's finances. Questions concerning any of the information provided in this report or request for additional financial information should be addressed to the Financial Support Services Director, City of Aventura. I I 8 I a a • a • a • ei BASIC FINANCIAL STATEMENTS 4,0ye Y r Tt • CITY OF AVENTURA, FLORIDA STATEMENT OF NET ASSETS September 30, 2004 r x Primary Government a Governmental Business-Type .,. Activities Activities Total a ASSETS: Cash and cash equivalents $ 9,546,544 $ 285,686 $ 9,832,230 * Receivables (net of allowance for uncollectibles) 617,996 -- 617,996 de Due from other governments 951,962 78,919 1,030,881 Prepaid expenses 409,562 -- 409,562 ar Deposits 380,000 -- 380,000 Inventory 14,049 -- 14,049 Internal balances 300,725 (300,725) -- • Capital assets: Nondepreciable 14,691,381 -- 14,691,381 a Depreciable (net of accumulated depreciation) 40,401,375 5,350,598 45,751,973 Restricted cash, cash equivalents and investments 10,519,558 -- 10,519,558 R Bond issue costs (net) 440,818 -- 440,818 r Total assets 78,273,970 5,414,478 83,688,448 • LIABILITIES: a Accounts payable 1,074,397 1,637 1,076,034 b Accrued liabilities 2,003,517 -- 2,003,517 Retainage payable 43,034 -- 43,034 'r Unearned revenues 446,951 -- 446,951 Accrued interest payable 92,012 -- 92,012 Due within one year: r Compensated absences payable 101,473 -- 101,473 Bonds payable 930,000 -- 930,000 Due in more than one year: a Compensated absences payable 913,250 -- 913,250 Bonds payable 36,225,000 -- 36,225,000 W _ Total liabilities 41,829,634 1,637 41,831,271 COMMITMENTS AND CONTINGENCIES (Note 10) -- -- -- r NET ASSETS: - Invested in capital assets (net of related debt) 22,471,893 5,350,598 27,822,491 Restricted for: Police purposes 686,696 -- 686,696 Capital improvements 1,186,074 -- 1,186,074 r Unreserved 12,099,673 62,243 12,161,916 Total net assets $ 36,444,336 $ 5,412,841 $ 41,857,177 a • The accompanying notes to the financial statements are an integral part of these statements. • 9 CITY OF AVENTURA, FLORIDA STATEMENT OF ACTIVITIES For the Year Ended September 30, 2004 Net(Expense)Revenue and Program Revenues Changes in Net Assets Operating Capital Primary Government Charges for Grants and Grants and Governmental Business-Type FUNCTIONS/PROGRAMS: Expenses Services Contributions Contributions Activities Activities Total Primary government: Governmental activities: General government $ 2,539,000 $ 1,057,776 $ — $ $ (1,481,224) $ — $ (1,481,224) Public safety 11448.304 2302,106 10 936 145,076 (8,990,186) -- (8,990,186) Community services 8,395.691 227.512 3,967471 256,000 (3944,608) -- (3.944,608) Nondepartmental 1439.320 -- 120.577 — (1,7/8.743) -- (1.718.743) Interest on long-term debt 1,785630 -- -- — (1485.630) -- (1.785.630) Other debt service costs 44,700 -- -- -- (44,700) -- (44,7(101) Total govermnent activities 26,152445 3,687394 4,099,084 401,076 (17,965,091) -- (17,965,091) Business-type activities: Stormwater utility 147,242 826,199 — -- — 678,957 678,957 Total business-type activities 147,242 826.199 -- — — 678,957 678,957 Total primary government E 24299,887 $ 4,513,593 $ 4499,084 $ 401476 (17,965,091) 678,957 (14286.134) General revenues: Taxes: Ad valorem taxes 10.143,246 -- 10,143,246 Utility service taxes 5,460,119 — 5,460,119 Franchise fees 2,185,155 — 2485,155 Intergovernmental 3,203,912 — 3.203.912 Impact fees 754,954 754,954 Interest income 174,983 2,555 177,538 Miscellaneous 107,193 -- 107,193 Charter School transfer(Note 7) 5.378 5378 Transfers 396.904 (396,904) -- Total general revenues and transfers 22,431.844 (394,349) 22,037,495 Change in net assets 4,466,753 284,608 4,751,361 Net assets at begirming of year 31,977,583 5128,233 37,105,816 Net assets at end of year $ 36,444,336 $ 5,412,841 $ 41,857,177 The accompanying notes to the financial statements are an integral pan of these statements. 10 W 1111111 O M - S ® M S - I M ® ® a ® I r OM • IS CITY OF AVENTURA, FLORIDA BALANCE SHEET - GOVERNMENTAL FUNDS is- • September 30, 2004 as Nonmajor Governmental Y° Major Governmental Funds Funds r Series 2002 Capital ,ii,. Construction Series 2000 Fund -Charter ma Charter Capital School Other Total General School Construction Building Governmental Governmental Fund Fund * Fund Construction Funds Funds • ASSETS:sts - Current assets: Cash and cash equivalents $ 7,059,082 $ 532,887 $ -- S -- $ 1,954,575 $ 9,546,544 mi Restricted cash, cash equivalents and se investments -- 3,701,222 6,231,836 586,500 10,519,558 Accounts receivable 545,801 72,195 -- -- -- 617,996 " Deposits -- - 380,000 -- -- 380,000 as Inventory 14,049 - - -- - 14,049 Due from other funds 6,896,909 - 52,493 28,051 6,977,453 Due from other governments 691,314 -- -- -- 129,764 821,078 a.. Prepaid expenditures 409,562 -- -- -- 409 562 is Total assets $ 15,616,717 $ 605.082 $ 4,081,222 $ 6,284,329 $ 2,698,890 $ 29,286,240 in LIABILITIES AND FUND isBALANCES: Liabilities: Accounts payable $ 1,001,772 $ 13,962 $ -- $ -- $ 58,663 $ 1,074,397 • Accrued liabilities 1,446,926 196,777 -- -- 359,814 2,003,517 » Retainage payable 43,034 -- - - -- 43,034 Unearned revenue 446,951 -- - - -- 446,951 Due to other funds 28,051 -- -- 6,275,845 372 832 6,676,728 is Total liabilities 2,966.734 210,739 - 6,275,845 791,309 10,244,627 Fund balances: • Reserved for: Debt service -- - -- -- 31,198 31,198 et Encumbrances 4,136,864 - -- -- - 4,136,864 Inventory 14,049 -- -- -- - 14,049 Prepaid expenditures 409,562 -- -- -- - 409,562 r Unreserved: Designated for subsequent year's expenditures in: General Fund 8,089,508 -- -- - -- 8,089,508 r Special Revenue Funds -- 394,343 -- -- 1,872,770 2,267,113 Capital Project Funds -- -- 4,081,222 8.484 3.613 4.093.319 * Total fund balances 12,649,983 394,343 4,081,222 8.484 1,907,581 19,041,613 r Total liabilities and fund balances $ 15.616.717 $ 605,082 $ 4,081,222 $ 6,284,329 $ 2.698.890 $ 29,286,240 we as r * As of June 30, 2004 ii r The accompanying notes to the financial statements are an integral part of these statements. as 11 CITY OF AVENTURA, FLORIDA RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS September 30, 2004 1 AMOUNTS REPORTED FOR GOVERNMENTAL ACTIVITIES IN THE STATEMENT OF NET ASSETS ARE DIFFERENT BECAUSE: Total fund balances of governmental funds in the balance sheet, page 11 $ 19,041,613 Capital assets used in governmental activities are not financial 1 resources and, therefore, are not reported in the funds: The cost of capital assets is $ 63,408,445 Accumulated depreciation is (8,315,689) 55,092,756 Intergovernmental receivable is not available to pay for current period expenditures and, therefore, is deferred in the funds. 130,884 Long-term liabilities, including bonds payable, are not due and payable in the current period and, therefore, are not reported in the funds. (37,820,917) NET ASSETS OF GOVERNMENTAL ACTIVITIES, PAGE 9 $ 36,444,336 1 1 1 1 i 1 1 1 The accompanying notes to the financial statements are an integral part of these statements. 12 1 o to CITY OF AVENTURA, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES w GOVERNMENTAL FUNDS III For the Year Ended September 30, 2004 Nonmajor Governmental Major Governmental Funds Funds r Series 2002 Capital a Construction Series 2000 Fund -Charter a Charter Capital School Other Total General School Construction Building Governmental Governmental Fund Fund * Fund Construction Funds Funds wii r REVENUES: Ad valorem taxes $ 10,143,246 $ -- $ -- $ -- $ -- $ 10,143,246 Utility service taxes 5,460,119 -- -- -- -- 5,460,119 + Franchise fees 2,185,155 2,185,155 Intergovernmental revenues 2,406,350 3,934,894 - - 1,322,064 7,663,308 is Licenses and permits 2,146,913 -- -- - -- 2,146,913 Charges for services 1,099,321 -- -- -- 1,099,321 s,. Fines and forfeitures 218,757 -- -- -- 132,941 351,698 Impact fees - -- -- - 754,954 754,954 a Interest income 72,654 -- 23,014 38,535 40,780 174,983 Developer contributions 85,842 -- -- 85,842 M Miscellaneous 134.768 -- -- -- _. 134 768 yi Total revenues 23,953.125 3,934,894 23,014 38,535 2.250.739 30,200,307 EXPENDITURES: J. Current: General government 2,371,236 -- -- -- -- 2,371,236 IIII Public safety 10,591,935 -- - - 2,518 10,594,453 Community services 4,107,849 3,191,751 - -- 195,545 7,495,145 w Nondepartmental 1,365,719 -- -- -- -- 1,365,719 Capital outlay 3,269,255 35,109 17,890 30,051 553,570 3,905,875 r Debt service: Principal retirement - -- -- - 900,000 900,000 ,y Interest -- - -- -- 1,786,797 1,786,797 Trustee fees -- -- -- -- _ 28,932 28,932 a Total expenditures 21,705,994 3,226.860 17,890 30.051 3.467.362 28,448,157 ^" Excess (deficiency) of revenues as over expenditures 2,247,131 708.034 5,124 8,484 (1,216,623) 1,752,150 to OTHER FINANCING SOURCES (USES): r Transfers in 985,114 -- -- - 2,702,849 3,687,963 Transfers out (2,254,886) (458,185) - -- (572,610) (3,285,681) w Total other financing is sources (uses) (1,269,772) (458,185) -- - 2,130,239 402,282 Net change in fund r balances 977,359 249,849 5,124 8,484 913,616 2,154,432 FUND BALANCES AT I' BEGINNING OF YEAR, as previously disclosed 11,599,485 144,494 4,076,098 -- 993,965 16,814,042 r Prior period adjustment q. (Note 14) 73,139 -- -- - -- 73,139 r FUND BALANCES AT END OF YEAR $ 12449,983 $ 394,343 $ 4,081,222 $ 8.484 $ 1,907,581 $ 19,041,613 r * For the year ended June 30,2004 The accompanying notes to the financial statements are an integral part of these statements. to 13 CITY OF AVENTURA, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the Year Ended September 30, 2004 NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS, PAGE 13 $ 2,154,432 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. 1,693,448 1 Repayment of bond principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets. Principal payments 900,000 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. (297,936) 1 Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. 16.809 CHANGE IN NET ASSETS OF GOVERNMENTAL ACTIVITIES, PAGE 10 $ 4,466,753 1 1 1 1 The accompanying notes to the financial statements are an integral part of these statements. 14 1 4. • CITY OF AVENTURA, FLORIDA K.. STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND For the Year Ended September 30, 2004 As r Actual Amounts r Budgeted Amounts Budgetary Original Final Basis Variance ai REVENUES: Ad Valorem taxes: Current $ 10,009,043 $ 10,009,043 $ 10,054,175 $ 45,132 Delinquent 7,000 7,000 89,071 82,071 Utility service taxes: Electric 2,935,000 3,061,000 3,068,941 7,941 Telecommunication 1,900,000 1,900,000 1,838,738 (61,262) Ai Water 460,000 460,000 521,788 61,788 a Gas 35,000 35,000 30,652 (4,348) Franchise fees: Electric 1,840,000 1,820,000 1,822,466 2,466 Gas 45,000 45,000 31,013 (13,987) as Sanitation 240,000 240,000 303,354 63,354 Cable -- 9,000 9,000 It Towing 12,000 12,000 19,322 7,322 r Total taxes 17,483,043 17,589,043 17,788,520 199,477 is Intergovernmental revenues: Federal grants -- 264,000 253,312 (10,688) State and local grants 4,000 174,000 226,112 52,112 Alcoholic beverage licenses 6,000 6,000 17,825 11,825 as State revenue sharing 218,000 255,000 284,964 29,964 a, Half cent sales tax 1,450,000 1,500,000 1,580,075 80,075 County occupational licenses 20,000 20,000 44,062 24,062 r Total intergovernmental revenues 1,698,000 2,219,000 2,406,350 187,350 r Licenses and permits: City occupational licenses 665,000 698,000 611,576 (86,424) Building permits 1,000,000 1,496,000 1,364,303 (131,697) as Certificates of occupancy -- -- 132,784 132,784 IR Engineering 10,000 38,000 38,250 250 0 Total licenses and permits 1,675,000 2,232,000 2,146,913 (85,087) r Charges for services: Certificate of use fees 5,000 5,000 5,040 40 Development review fees 30,000 30,000 69,051 39,051 Recreation/cultural events 258,000 258,000 227,512 (30,488) es Police services 787,500 886,500 797,718 (88,782) , Other 2,000 2,000 -- (2,000) Total charges for services 1,082,500 1,181,500 1,099,321 (82,179) al 15 CITY OF AVENTURA, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND (continued) For the Year Ended September 30, 2004 , Actual AmountsI 1 Budgeted Amounts Budgetary j Original Final Basis Variance Fines and forfeitures: County court fees 160,000 160,000 218,282 58,282 Code violation fines 5.000 5,000 475 (4.525) Total fines and forfeitures 165,000 165.000 218.757 53,757 Other: Interest income 100,000 100,000 72,654 (27,346) Developer contributions -- -- 85,842 85,842 ' Miscellaneous 50,000 50,000 134.768 84,768 Total other 150 000 150,000 293,264 143.264 ' Total revenues 22.253,543 23,536,543 23,953,125 416,582 EXPENDITURES: I Current: General government: City Commission: Personal services 59,593 59,593 57,497 2,096 Operating 51,800 51,800 47,052 4,748 City Manager: Personal services 495,692 510,792 508,126 2,666 • Operating 115,050 113,950 113,780 170 Capital outlay 4,000 4,000 3,350 650 • Finance support services: • Personal services 803,414 829,041 808,652 20,389 Operating 254,720 270,720 270,480 240 Capital outlay 102,989 102,989 93,536 9,453 Legal: Operating 233,000 326,000 325,514 486 City Clerk: Personal services 151,619 170,019 168,886 1,133 Operating 67,100 71,700 71,249 451 Capital outlay 3.000 3.000 2,086 914 Total general • government 2,341,977 2,513.604 2,470.208 43,396 16 I v. • CITY OF AVENTURA, FLORIDA • STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE - BUDGET AND ACTUAL + GENERAL FUND (continued) • For the Year Ended September 30, 2004 a Actual '"` Amounts r Budgeted Amounts Budgetary Original Final Basis Variance Public safety: Police: r Personal services 7,744,507 7,900,007 7,881,688 18,319 Operating 930,744 1,059,244 1,054,437 4,807 • Capital outlay 638,956 774,956 663,858 111,098 ea Community development: • Personal services 639,651 609,051 592,360 16,691 a Operating 862,900 1,063,500 1,063,450 50 Capital outlay 35,650 35,650 23,125 12,525 • Total public safety 10,852,408 11,442,408 11,278,918 163,490 Community services: • Personal services 662,786 686,786 683,763 3,023 Operating 3,161,030 3,425,030 3,424,086 944 Capital outlay 5,263,139 5,263,139 2,462,042 2,801,097 It a Total community services 9,086,955 9,374,955 6,569,891 2,805,064 • Nondepartmental: Operating 1,049,400 1,376,400 1,365,719 10,681 • Capital outlay 8,431,305 9,141,278 21,258 9,120,020 0 Total nondepartmental 9,480,705 10,517,678 1,386,977 9,130,701 Total expenditures 31,762,045 33,848,645 21,705,994 12,142,651 is Excess (deficiency) of • revenues over expenditures (9,508,502) (10,312,102) 2,247,131 12,559,233 i • OTHER FINANCING SOURCES (USES): Transfers in 969,514 985,114 985,114 -- Transfers out (2,248,886) (2,260,886) (2,254,886) 6,000 "' Appropriated fund balance 10,787,874 11,587,874 -- (11,587,874) r Total other financing sources (uses) 9,508,502 10,312,102 (1,269,772) (11,581,874) r Net change in fund balance $ -- $ -- $ 977,359 $ 977,359 r The accompanying notes to the financial statements are an integral part of these statements. r' 17 CITY OF AVENTURA, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CHARTER SCHOOL FUND For the Year Ended June 30, 2004 Original Final Budget Budget Actual Variance REVENUES: 1 Intergovernmental revenues $ 3,451,523 $ 3,470,523 $ 3,608,213 $ 137,690 Charges for services 155,340 205,340 184,854 (20,486) , Miscellaneous 10,000 47,604 135,018 87,414 Interest income -- -- 6.809 6,809 Total revenues 3,616,863 3,723,467 3,934,894 211,427 EXPENDITURES: Personal services 1,979,772 2,057,772 1,930,842 126,930I • Operating 1,304,000 1,317,004 1,260,909 56,095 Capital outlay 35,000 35,000 35,109 (109) Total expenditures 3.318,772 3,409,776 3,226,860 182,916 1 Excess of revenues 1 over expenditures 298,091 313,691 708,034 394,343 , ± OTHER FINANCING I SOURCES (USES): Transfers out (442,585) (458,185) (458,185) -- Total other financing 1 sources (uses) (442,585) (458,185) (458,185) -- Net change in ' fund balance (144,494) (144,494) 249,849 394,343 FUND BALANCE, July 1, 2003 144,494 144,494 144,494 -- FUND BALANCE, June 30, 2004 $ -- $ -- $ 394,343 $ 394,343 1I I I The accompanying notes to the financial statements are an integral part of these statements. , 18 I • CITY OF AVENTURA, FLORIDA 40. STATEMENT OF NET ASSETS PROPRIETARY FUND a September 30, 2004 4.4 • * ASSETS: a Current assets: Cash and cash equivalents $ 285,686 ., Due from other governments 78,919 • Noncurrent assets: Capital assets (net) 5,350,598 • Total assets 5,715,203 LIABILITIES: a Current liabilities: Accounts payable 1,637 s Due to other funds 300,725 • Total liabilities 302,362 "° NET ASSETS: • Invested in capital assets, net of related debt 5,350,598 *IF Unrestricted 62,243 r Total net assets $ 5,412,841 • a • T • • • a r The accompanying notes to the financial statements are an integral part of these statements. ea 19 CITY OF AVENTURA, FLORIDA STATEMENT OF OPERATING REVENUES, EXPENSES AND CHANGE IN FUND NET ASSETS PROPRIETARY FUND For the Year Ended September 30, 2004 • 1 OPERATING REVENUES: 1 Charges for services $ 826,199 OPERATING EXPENSES: Depreciation expense 147,242 Operating income 678,957 ' NONOPERATING REVENUES: Interest income 2,555 Income before transfers 681,512 Transfers to General Fund (396,904) Change in net assets 284,608 NET ASSETS AT BEGINNING OF YEAR 5,128,233 1 NET ASSETS AT END OF YEAR $ 5,412.841 • 1 1 1 1 I 1 The accompanying notes to the financial statements are an integral part of these statements. 20 i CITY OF AVENTURA, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUND For the Year Ended September 30, 2004 r CASH FLOWS FROM OPERATING ACTIVITIES: Cash received from customers, users and other $ 827,872 I- Net cash provided by operating activities 827,872 �. CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES: Transfers out to other fund (396,904) Net cash provided by noncapital financing activities 430,968 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES: Purchase of capital assets (147,837) to Net cash provided by capital and related financing activities 283,131 e. CASH FLOWS FROM INVESTING ACTIVITIES: Interest received 2,555 Net cash provided by investing activities 2,555 • • Net increase in cash and cash equivalents 285,686 CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR -- W CASH AND CASH EQUIVALENTS AT END OF YEAR $ 285,686 • RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED e„ BY OPERATING ACTIVITIES t Operating income $ 678,957 • Adjustments to reconcile operating income to net r cash provided by operating activities: Depreciation expense 147,242 Changes in assets and liabilities: Decrease in due from other governments 971 Increase in accounts payable 702 Total adjustments 148,915 r r Net cash provided by operating activities $ 827,872 r r The accompanying notes to the financial statements are an integral part of these statements. has 21 CITY OF AVENTURA, FLORIDA, STATEMENT OF FIDUCIARY NET ASSETS POLICE OFFICERS' RETIREMENT PLAN FUND September 30, 2004 ASSETS: Due from ICMA City of Aventura 40I(a) Plan $ 1,612,458 Accounts receivable, state premium tax 50,866 Contributions receivable: Employer $ 583,892 Employees 250.850 834,742 Total assets 2,498,066 1 LIABILITIES: Accrued expenses 11,143 Total liabilities 11,143 NET ASSETS HELD IN TRUST FOR PENSION BENEFITS $ 2,486,923 1 1 1 1 i 1 The accompanying notes to financial statements are an integral part of these statements. 22 1 • CITY OF AVENTURA, FLORIDA, STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS POLICE OFFICERS' RETIREMENT PLAN FUND For the Year Ended September 30, 2004 a ADDITIONS: ^! ICMA City of Aventura 401(a) Plan rollover $ 1,471,374 Contributions: Employer 583,892 Employees 253,776 State of Florida, premium tax 50,866 r Total contributions 2,359,908 • Investment income: Net appreciation in fair value of ICMA City of Aventura 401(a) Plan 136,980 Interest income 4,104 S Total investment income 141,084 Total additions 2,500,992 DEDUCTIONS: Legal fees 11,143 Employee contribution refunds 2,926 Total deductions 14,069 r Net increase 2,486,923 NET ASSETS HELD IN TRUST FOR PENSION BENEFITS, October 1, 2003 -- "` NET ASSETS HELD IN TRUST FOR PENSION BENEFITS, September 30, 2004 $ 2,486,923 W 44 r W w W r ro a a The accompanying notes to financial statements are an integral part of these statements. 23 CITY OF AVENTURA, FLORIDA 1 NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Aventura, Florida (the City) was incorporated in November, 1995. The City operates under a Commission-Manager form of government and provides the following services as authorized by its charter:public safety,highways and streets, culture and recreation,public works and stormwater management. The financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting policies are described below: Reporting Entity I The financial statements were prepared in accordance with Statement No. 14, The Financial Reporting Entity, which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constituents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of elected officials. The financial reporting entity consists of the City, organizations for which the City is financially accountable, and 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. The City is financially accountable for a component unit if it appoints a voting majority of the organization's governing board and it is able to impose its will on that organization or there is a potential for the organization to provide specific financial benefits 1 to, or impose specific financial burdens on the City. Based upon the application of these criteria, there were no organizations that met the criteria described above. I Government-wide and Fund Financial Statements The government-wide financial statements (i.e. the statement of net assets and the statement I of activities) report information on all activities of the City. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are 1 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 statement of activities demonstrates the degree to which the direct expenses of a given function or segment are 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. Separate financial statements are provided for governmental funds, proprietary funds and 1 fiduciary funds, even through the latter are excluded from the government-wide financial statements. Major individual governmental funds are reported as separate columns in the fund financial statements. Measurement Focus, Basis of Accounting and Basis of Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting as are the proprietary 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 for which , they are levied. Grants and similar items are recognized as revenues as soon as all eligibility requirements imposed by the provider have been met. 24 I r CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS • September 30, 2004 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) r 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 sixty • 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, are recorded only when payment is due. • Taxes, intergovernmental revenues, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items such as fines and forfeitures and licenses and permits are r considered to be measurable and available only when cash is received by the City. The City reports the following major governmental funds: r The General 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. r The Aventura Elementary Charter School Fund is used to account for revenues and expenditures from the operations of the Charter School. r The Series 2000 Capital Construction Fund is used to fund capital improvements from the proceeds of the Series 2000 Revenue bonds. • The Series 2002 Capital Construction Fund - Charter School Building Construction is used to fund building construction for the Charter School. • The City reports the following major proprietary fund: The Stormwater Fund accounts for the operation of the City stormwater system. r Additionally, the government reports the following fund types: • The Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than major capital projects) requiring separate accounting because of legal or regulatory provisions or administrative action. • The Debt Service Funds are used to account for the payment of principal, interest and other expenditures on long-term debt. ✓ The Capital Projects Fund is used to account for financial resources segregated for the acquisition or construction of major capital facilities other than those financed by enterprise operations. The Pension Trust Fund accounts for the activities of the Police Officers' Pension Trust that accumulate resources for pension benefits to qualifying police officers. ✓ 25 re CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 ` r NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) ., The private sector standards of accounting and financial reporting issued prior to December W 1, 1989, generally are followed in both the government-wide and proprietary fund financial statements w,( to the extent that those standards do not conflict with or contradict guidance of the Governmental i( Accounting Standards Board. Governments also have the option of following subsequent private t+ sector guidance for their business-type activities and enterprise funds, subject to the same limitation. The government has elected not to follow subsequent private sector guidance. r 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 r applicants for goods, services, or privileges provided, and fines and forfeitures, 2) operating grants Ss 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. t„ 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 �n as nonoperating revenues or expenses. f'' Mb 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. Capital Assets Capital assets purchased or acquired with an original cost of $ 500 or more are reported at it historical cost or estimated historical cost. Contributed assets are reported at fair market value as of the date received. Additions, improvements and other capital outlays that significantly extend the wr 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 25-40 years •' Improvements other than buildings 20-30 years Infrastructure 20-40 years r Furniture, machinery and equipment 3-20 years GASB No. 34 requires the City to report and depreciate new infrastructure assets effective with the September 30, 2003 fiscal year. Infrastructure assets include roads, bridges, underground pipe (other than related to utilities), traffic signals, etc. These infrastructure assets are likely to be the • largest asset class of the City. Neither their historical cost nor related depreciation has historically been reported in the financial statements. The retroactive reporting of infrastructure is subject to an r extended implementation period and is first effective for fiscal years ending in 2006. The City will implement the retroactive infrastructure provisions by the fiscal year ending September 30, 2007. Prepaid Expenses/Expenditures t` 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. Pr 26 CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 a NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Compensated Absences Payable The City's sick leave policy is to permit 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 a maximums based on length of service. Accumulated compensated absences are recorded as expenses in the government-wide and proprietary fund financial statements when earned. Expenditures for accumulated compensated absences have been recorded in the governmental funds only in connection with terminated employees. Cash and Cash Equivalents 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 fund of the City. a Cash and cash equivalents, which consist of cash and short-term investments with original maturities of three months or less when purchased, include cash on hand, demand deposits, and investments with the State Board of Administration Investment Pool. a Inventories a Inventories are valued at the lower of cost (last-in, first-out) or market. These amounts are reserved in governmental fund financial statements. Unearned Revenue a Governmental funds report unearned revenue in connection with receivables for revenues that are not considered to be available to liquidate liabilities of the current period. Governmental funds also defer revenue recognition in connection with resources that have been received, but not yet earned. Unearned revenues at the government-wide level arise only when the City receives resources before it has a legal claim to them. a Receivables and Payables Transactions between funds that are representative of lending/borrowing arrangement outstanding at the end of the year are referred to as either "interfund receivables/payables. ' Any a 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. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported a amounts and disclosures. Accordingly, actual results could differ from those estimates. Long-term Obligations 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. a 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. a 27 CITY OF AVENTURA, FLORIDA + NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 r t, Yr NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) *, In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issue costs. Bond proceeds are reported as an other financing source net of the applicable premium or discount. Issue costs, even if withheld from the actual net proceeds Rp� received, are reported as debt service expenditures. For proprietary fund types, bond premiums and discounts, as well as issue costs, are deferred and amortized over the life of the bond issue. Bonds payable are reported net of the applicable bond premium or discount. isEncumbrances is 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. .�pr Encumbrances outstanding at year end represent the estimated amount of expenditures which would iW 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 â– ^ 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. yw� Equity classifications is Government-wide statements Equity is classified as net assets and displayed in three components: li a. Invested in capital assets, net of related debt- consists of capital assets including restricted 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, lie contributors, or laws or regulations of other governments, or 2) law through constitutional provisions or enabling legislation. sop c. Unrestricted net assets - all other net assets that do not meet the ri 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. Budgets and Budgetary Accounting An annual appropriated budget is adopted for all governmental funds with the exception of the Federal Forfeiture Fund and Law Enforcement Trust Fund (Special Revenue Funds). 28 j` • CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 • NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) • The City follows these procedures in establishing the budgetary data reflected in the basic financial statements. • a. The City Manager submits to the 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 • $ 2,086,000 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 - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS (a) Explanation of certain differences between the governmental fund balance sheet and the • government-wide statement of net assets: The government fund balance sheet includes a reconciliation between fund balance - total governmental funds and net assets - governmental activities as reported in the • government-wide statement of net assets. One element of that reconciliation explains, long-term liabilities, including bonds payable, are not due and payable in the current period and therefore are not reported in the funds." The details of this $ 37,820,917 + difference is listed on the following page. • 29 r CITY OF AVENTURA, FLORIDA iii NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 r NOTE 2 - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS i (continued) Bonds payable $ 37,155,000 rAccrued interest payable 92,012 IY Compensated absences payable 1,014,723 IY Bond issue costs (440,818) Net adjustment to reduce fund balance - total governmental funds to arrive at net assets - in governmental activities $ 37,820,917 (b) Explanation of certain differences between the governmental funds statement of revenues, expenditures, and changes in fund balances and the government-wide statement of activities: • The governmental fund statement of revenues, expenditures, and changes in fund balances includes a reconciliation between net change in fund balance - total governmental funds and changes in net assets of governmental activities as reported in the government-wide statement of activities. One element of that reconciliation explains that "government funds report capital outlays as expenditures. However, in the statement of activities the costs of those assets is allocated over their estimated useful lives and reported as depreciation expense." The details of this $ 1,693,448 difference are as follows: Capital outlay $ 3,817,055 Depreciation expense (2,086,802) m' Current year capital asset disposals (36,805) Iii Net adjustment to increase net E. changes in fund balances - total governmental funds to arrive at changes in net T, assets of governmental activities $ 1,693,448 Another element of that reconciliation states that "some expenses reported in the statement of activities do not require the use of current financial resources and Y therefore are not reported as expenditures in governmental funds." The details of this $ (297,936) difference are as follows: !Ir Ito Amortization of bond issue costs $ (15,768) Change in interest payable 1,167 Change in compensated absences payable (283,335) Net adjustment to decrease net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities $ (297,936) ?' 30 (� CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS • September 30, 2004 NOTE 3 - 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 statues 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, 2004 was 2.2270 • mills. The tax levy of the City 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. a 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 four percent (4%) if paid in the month of November, three percent (3%) if paid in the month of December, two percent (2%) if paid in the • month of January and one percent (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 is for in the laws of Florida. There were no material delinquent property taxes at September 30, 2004. • NOTE 4 - CASH, CASH EQUIVALENTS AND INVESTMENTS In addition to insurance provided by the Federal Depository Insurance Corporation,all deposits • are held in banking institutions approved by the State Treasurer of the State of Florida to hold public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act, the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer or another banking institution eligible collateral. In the event of a failure of a qualified public depository, the • remaining public depositories would be responsible for covering any resulting losses. Accordingly, all amounts reported as cash and cash equivalents are deemed as insured or collateralized and are, therefore, not subject to classification by credit risk category under the provisions of GASB Statement • No. 3. Deposits at September 30, 2004 were $ 13,539,452. In accordance with GASB Statement No. 31, "Accounting and Financial Reporting for Certain Investments and for External Investment Pools," all investments are reported at their fair value. • 31 CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 it f NOTE 4 - CASH, CASH EQUIVALENTS AND INVESTMENTS (continued) The City's investments are categorized by type to give an indication of the level of credit risk assumed by the City at year-end. Category 1 includes investments that are insured or registered or for which the City or its agent holds the securities in the City's name. Category 2 includes uninsured and unregistered investments for which the financial institution holds the securities by the financial institution's trust department or agent in the City's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the City's counter party, or by its trust department or agent, but not in the City's name. At September 30, 2004, the fair value and category of credit risk of the City's investments are as follows: Fair Category 2 Value Repurchase agreement $ 50Q000 $ 500.533 All amounts in the State Investment Pool (a 2a7-like pool) administered by the State Board of Administration are stated at amortized cost which approximates fair value. A reconciliation of cash, cash equivalents and investments as shown on the statement of net assets follows: State Board of Administration { Investment Pool $ 9,345,359 i United State Treasury Securities Money Market 6,311,803 Pooled cash 4,194,093 Repurchase agreement 500,533 Total $ 20351788 ', Cash and cash equivalents $ 9,832,230 1 Restricted cash, cash equivalents j and investments 10.519,558 I $ 20,351,788 NOTE 5 - RECEIVABLES Ii Receivables at September 30, 2004 consist of the following: Governmental activities: w Utilities service taxes $ 283,080 Police services 228,447 Vendors 53,571 Miami-Dade County 26,888 Franchise fees 26,010 is Total - governmental r activities $ 617,996 32 a • CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS • September 30, 2004 NOTE 6 - ACCOUNTS PAYABLE a Accounts payable balances in each fund represent only vendor payables. • NOTE 7 - INTERFUND BALANCES AND TRANSFERS • Interfund receivables and payables at September 30, 2004 were as follows: Receivables Payables • General Fund $ 6,896,909 $ 28,051 Series 2002 Capital Construction Fund - • Charter School Building Construction 52,493 6,275,845 Nonmajor governmental funds 28,051 372,832 • Proprietary Fund -- 300 725 Totals $ 6,977,453 $ 6.977,453 • These balances resulted from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting systems, and (3) payments between funds are actually made. • Interfund transfers during the year ended September 30, 2004 were as follows: a Transfers Transfers In Out General Fund $ 985,114 S. 2,254,886 • Charter School Fund -- 463,563 Nonmajor governmental funds 2,702,849 572,610 Proprietary Fund -- 396,904 $ 3,687,963 $ 3 87963 • The transfer from the Proprietary Fund to the General Fund in the amount of$ 396,904 was to reimburse the General Fund for stormwater drainage costs included in the Community Services Department budget. Similarly, the transfer from nonmajor governmental funds to the General Fund was to reimburse the General Fund for street related maintenance costs included in the Community • Services Department budget. The transfer of $ 463,563 from the Charter School Fund was to reimburse the General Fund for accounting costs of the Charter School which are included in the Finance Support Services Department expenditures and to pay the debt service on the bond issue ad which paid to construct the Charter School. Because the Charter School has a fiscal year that differs from the City, a portion of the corresponding transfer out will be reflected on the Charter School's financial statements for the year ending June 30, 2005. The transfer from the General Fund of • $ 2,254,886 represented transfers to meet debt service requirements for the debt service funds included under nonmajor governmental funds. • • 33 CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 I NOTE 8 - CAPITAL ASSETS Capital assets activity for the year ended September 30, 2004 was as follows: Balance Balance October I, September 30, 2003 Additions Disposals 2004 Governmental Activities: Capital assets, not being depreciated: Land $ 14,592,603 $ -- $ -- $ 14,592,603 Construction in progress -- 98,778 -- 98,778 Total capital assets, not being depreciated 14,592,603 98,778 -- 14,691,381 Capital assets, being Idepreciated: Buildings 28,921,883 -- -- 28,921,883 Improvements other than buildings 4,636,670 257,735 -- 4,894,405 Infrastructure 4,482,896 1,859,942 -- 6,342,838 Furniture, machinery and equipment 7,082,025 1,600,600 124,687 8,557.938 Total capital assets being depreciated 45.123.474 3,718,277 124,687 48,717064 Less accumulated depreciation for: Buildings 1,467,043 746,122 -- 2,213,165 Improvements other than buildings 600,958 178,154 — 779,112 Infrastructure 197,884 232,605 -- 430,489 Furniture, machinery and equipment 4,050,884 929.921 87,882 4,892.923 Total accumulated depreciation 6,316,769 2,086,802 87,882 8,315,689 Total capital assets, being depreciated, net 38,806,705 1,631,475 36,805 40.401.375 Governmental activities capital assets, net $ 53.399.308 $ 1,730,253 $ 36,805 $ 55,092,756 Business-type Activities: ' Capital assets, being 1 depreciated: Infrastructure $ 5,803,426 $ 147,837 $ -- $ 5,951,263 Less accumulated depreciation 453,423 147,242 -- 600,665 Business-type activities capital assets, net $ 5,350,003 $ 595 $ -- $ 5,350,598 • E 34 II CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 a NOTE 8 - CAPITAL ASSETS (continued) a Depreciation expense was charged to function/programs of the primary government as follows: • Governmental activities: General government $ 116,612 Public safety 646,221 Community services 850,368 ` Nondepartmental 473,601 Total depreciation expense - •e governmental activities $ 2,086,802 Business-type activities: • Stormwater $ 147,242 a NOTE 9 - LONG-TERM DEBT OF GOVERNMENTAL ACTIVITIES 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 at September 30, 2004 was sufficient to meet this requirement. The indenture also requires the maintenance of a minimum debt service coverage ratio of 2.50:1.00. a At September 30, 2004, the City was in compliance with this requirement. The City also previously entered into a bond indenture agreement with the Florida a 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. Summary of General Long-Term Debt of Governmental Activities • Long-term debt at September 30, 2004 was comprised of the following: • 1999 Revenue bonds issued from the Florida Municipal Loan Council, Inc. Principal is due annually over thirty years in various amounts through April, 2029. The bonds bear interest at various rates (3.50% - 5.125%) and are • payable semi-annually on October 1 and April 1 of each year. $ 19,090,000 • 2000 Revenue bonds, principal is due annually over twenty years in various amounts through October, 2020. The bonds bear interest at 5.04%, payable semi-annually on • October 1 and April I of each year. 5,735,000 a • 35 CITY OF AVENTURA, FLORIDA I NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 1 NOTE 9 - LONG-TERM DEBT OF GOVERNMENTAL ACTIVITIES (continued) 2002 Revenue bonds issued from the Florida Intergovernmental Finance Commission. Principal is due annually over thirty 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. 12,330,000 Accrued vacation and sick leave (compensated absences) 913 250 $ 38,068,250 1 Changes in Governmental Fund long-term debt during the year are as follows: Balance Balance October 1, September 30, Due Within 2003 Additions Retirements 2004 One Year Series 1999 Revenue bonds payable $ 19,500,000 $ -- $ 410,000 $ 19,090,000 $ 425,000 Series 2000 Revenue bonds payable 5,945,000 -- 210,000 5,735,000 220,000 Series 2002 Revenue bonds payable 12,610,000 — 280,000 12,330,000 285,000 Compensated absences payable 658.249 260 676 5,675 913.250 101,473 Total $38,713,249 $ 260,676 $ 905,675 $38,068,250 $ 1 031 473 Summary of Future Debt Service Requirements The annual debt service requirements to maturity for all Governmental Fund long-term debt are as follows: Year Ending September 30 Principal Interest Total 2005 $ 930,000 $ 1,761,628 $ 2,691,628 2006 965,000 1,728,192 2,693,192 2007 1,005,000 1,691,498 2,696,498 2008 1,035,000 1,652,500 2,687,500 2009 1,080,000 1,610,523 2,690,523 2010-2014 6,155,000 7,308,433 13,463,433 2015-2019 7,565,000 5,725,287 13,290,287 2020-2024 7,725,000 3,766,448 11,491,448 2025-2029 8,635,000 1,852,250 10,487,250 2030-2032 2,060,000 209,267 2,269,267 $ 37,155,000 $ 27,306,026 $ 64,461,026 1 36 • CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 • NOTE 10 - COMMITMENTS AND CONTINGENCIES a Litigation as Various claims and lawsuits, which arose in the normal course of operations, are pending against the City. Itis 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. Franchise Fees r The City previously entered into an interlocal agreement with Miami-Dade County (the County) which provided for the Florida Power & Light Co. franchise fees collected by the County within the City's boundaries, to be remitted to the City. This agreement will be in effect as long as the Ordinance establishing the collection of these fees is in place. In accordance with the agreement, the County remitted approximately $ 1,822,500 to the City for the year ended September 30, 2004. • Stormwater Fees • The City previously entered into another interlocal agreement with the County to administer, bill and collect stormwater utility charges from residents within the City's boundaries. The County remits all fees collected, less the County's compensation for the billing and collection of these charges. The agreement expired during the year and is currently being negotiated. In accordance with this agreement, the County remitted approximately$826,200 to the City during the year ended September .t 30, 2004. • Contingent Liabilities Amounts received or receivable from grantor agencies are subject to audit and adjustment. While no matters of noncompliance were disclosed by the audit, grantor agencies may subject grant programs to additional compliance tests, which may result in disallowed costs. In the opinion of City as management, future disallowances of current grant expenditures, if any, would not have a material adverse effect on the City's financial condition. • Employment Agreement 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 months advance written notice to resign voluntarily. • Charter School Agreements ,r The City has a contract with the School Board of Miami-Dade County, Florida that provides for Aventura Charter Elementary School to provide the residents of the City of Aventura an education choice for up to six hundred elementary school students. The contract ends on June 30, 2018 but provides for a renewal of up to fifteen years by mutual agreement of the parties. • The City also has a management agreement with Charter School USA, Inc. The agreement calls for Charter Schools USA, Inc. to design, build, operate and maintain a charter elementary school for the City of Aventura. The agreement terminates June 30, 2008 and calls for annual management and incentive fees based on funding for student enrollment. • 37 CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 NOTE 10 - COMMITMENTS AND CONTINGENCIES (continued) Other Agreements The City has entered into nonexclusive agreements with several engineering consulting firms E (Consultants) to provide building insPections and plan review services until September, 2005.. 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 a month. The City is a party to several construction contracts for City infrastructure improvements and the design and construction of a middle school wing addition to the Charter School. The amount remaining on these uncompleted contracts at September 30, 2004 was approximately $ 4,516,400. Lease Commitments The City is lessee on several leases including those for office equipment, police cars, and 1 public safety equipment. These leases have various terms with expiration dates through fiscal year 2008. Future aggregate minimum lease payments under the City's lease agreements are approximately as follows: Year Ending I September 30 2005 $ 25,000 2006 $ 20,500 2007 $ 5,500 2008 $ 300 Thereafter $ NONE Lease expense for the year ended September 30, 2004 was approximately $ 101,000. NOTE 11 - RISK MANAGEMENT The City is exposed to various risks of loss related to torts, thefts of, damage to and 1 destruction of assets,errors and omissions and natural disasters for which the City carries commercial insurance. Settlement amounts have not exceeded insurance coverage for each of past eight years. In addition, there were no reductions in insurance coverage from those in the prior year. NOTE 12 - DEFINED CONTRIBUTION PENSION PLANS I Plan Description The City of Aventura is a single employer that contributes to three defined contribution pension I 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 12-1S% depending on employee classification. 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 $ 382,000 during the year. Plan provisions and contribution requirements may be amended by the City Commission. 38 1 a CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 a NOTE 12 - DEFINED CONTRIBUTION PENSION PLANS (continued) r 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. • NOTE 13 - 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,. The Plan covers only sworn police officers and is funded by a combination of City contributions,employees contributions, rollover of 401(a) Plan assets for certain of the employees and the proceeds of the state insurance premium tax on casualty insurance policies. The initial funding levels of covered payroll are 14.5% for the City's contribution, 6.3% for the employee's contribution and 5% for the state premiums tax. 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 included no assumed annual inflation rate; an annual investment rate of return of 8.00%; projected annual salary increases of 5.0%;the amortization method is level dollar, closed; and an amortization period of 30 years. a On October 1, 2003 (the last plan year valuation date), Plan membership consisted of: Retirees and beneficiaries receiving benefits 0 Active plan members 74 Total 74 The general administration, management and investment decisions of the Plan and the responsibility for carrying out its provisions is vested in the five 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 of Aventura Finance Department. The City provides no other post-retirement benefits to employees. a "' NOTE 14 - PRIOR PERIOD ADJUSTMENT a According to GASB Interpretation No. 6, paragraph 14, no expenditure or liability should be reported in the governmental funds in connection with compensated absences until they are paid or, in the case of termination payments for unused leave, due for payment. The City has, therefore, recorded a prior period adjustment of$ 73,139 to remove its liability from the governmental funds. r 39 CITY OF AVENTURA, FLORIDA NOTES TO THE FINANCIAL STATEMENTS September 30, 2004 1 NOTE 15 - SUBSEQUENT EVENTS On February 24, 2004, the City entered into a Purchase and Sale Agreement whereby it would acquire approximately six acres of land to be used as an expansion of the City park system. Pursuant to the Agreement, the City would pay a total purchase price of$ 3,800,000 for the parcel with closing to take place within 150 days of February 24, 2004. The closing date was later extended through December,2004. Pursuant to the agreement, in March, 2004, the City placed$380,000, representing 10% of the purchase price, into an escrow account as a good faith deposit. As of the date of this report, the City and seller have not agreed to any further extension of the time for closing. It is the City's position that the seller is in default of the Agreement. In March, 2005, the City Commission approved Resolution No. 2005-10 authorizing the City Attorney to initiate eminent domain proceedings to acquire the property. If the purchase is completed under the Agreement, the parcel will require environmental cleanup. The seller will contribute up to $ 1,000,000 toward the cost of said cleanup. This contribution will be placed in escrow pending completion of the cleanup and final report. In the event that the cleanup costs are less than$ 1,000,000, the seller would receive the balance remaining in the escrow account. In the event that the cleanup costs exceed $ 1 million, the City would be responsible for the balance of the costs. The City has obtained a phase I and II environmental site assessment from its environmental engineering consultant and estimated that all costs of cleanup will total $750,000. City management believes that the$ 1,000,000 held in escrow will be more than sufficient to cover all costs relating to the cleanup based on the consultant's assessment and cost estimate. Under the agreement, the purchase is also contingent on the City approving certain zoning changes to an adjacent property owned by the seller prior to closing. 1 t 1 I I I I I 40 I r r REQUIRED SUPPLEMENTARY INFORMATION r a • CITY OF AVENTURA, FLORIDA SCHEDULE OF FUNDING PROGRESS a POLICE OFFICERS' RETIREMENT PLAN FUND Actuarial Unfunded UAAL Actuarial Accrued Actuarial as % of �- Valuation Value Liability at Accrued Funded Covered Covered Date of Assets Entry Age Liability Ratio Payroll Payroll 10/01/03 $ 1,389,389 $ 4,080,982 $ 2,691,593 34.1 $ 4,050,591 66.4 a os r a r r S • • 41 CITY OF AVENTURA, FLORIDA 1 SCHEDULE OF CONTRIBUTIONS FROM THE EMPLOYER AND THE STATE OF FLORIDA POLICE OFFICERS' RETIREMENT PLAN FUND City 1 Annual State of Florida Year ended Required Percentage Insurance • September 30 Contribution Contributed Premium Tax • 2004 $ 583,892 100% $ 50,866 •• 1 1 1 1 1 1 1 1 1 1 1 1 1 i 42 1 r COMBINING FINANCIAL STATEMENTS r r r a a r r r r NONMAJOR GOVERNMENTAL FUNDS • SPECIAL REVENUE FUNDS r Special revenue funds are used to account for specific revenues that are legally restricted to expenditures 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, which, by State Statute, must be used to further the education of the City's police officers. Street Maintenance Fund - This fund is used for revenues and expenditures, which by State Statute are designated for street maintenance and construction costs. All expenditures are accounted for in the General Fund by designating specific expenditure accounts in the Community Services Department and the Capital Improvements Program. An operating transfer is made to the General Fund to cover such expenditures. 4. Police Capital Outlay 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. r 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 4. 145 Debt Service Funds are used to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest. Series 1999 Bond Debt Service Fund - 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. + Series 2000 Bond Debt Service Fund - 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 sr payment of principal and interest. a Series 2002 Bond Debt Service Fund - 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. Series 2002 Bond Debt Service Fund - Charter School Building 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 PROJECT FUND r Series 2002 Capital Construction Fund - Charter School Land Acquisition - This fund is used to fund the land acquisition for the Charter School. r CITY OF AVENTURA, FLORIDA I COMBINING BALANCE SHEET - NONMAJOR GOVERNMENTAL FUNDS September 30, 2004 Special Revenue Police I Capital Law Police Street Outlay Park Federal Enforcement Education Maintenance Impact Fee Development Forfeiture Trust Fund Fund Fund Fund Fund Fund ASSETS: Cash and cash equivalents $ 7,315 $ 367,003 $ 122,663 S 883,230 $ 445,071 $ 94,665 Restricted cash, cash equivalents and investments -- -- -- — -- -- Due from other funds -- -- -- -- 21,207 -- Due from other governments 820 128.944 -- -- -- - I - Total assets $ 8,135 $ 495.947 $ 122,663 $ 883 230 S 466,278 $ 94,665 LIABILITIES: I Accounts payable $ -- $ 53,618 $ 1,702 $ -- $ 3,343 $ -- Accrued liabilities -- -- -- -- -- -- , Due to other funds -- 139,485 -- -- -- -- Total liabilities -- 193.103 1.702 -- 3 343 - FUND BALANCES: I -- Reserved for debt service -- -- Unreserved: • Designated for subsequent year's expenditures in: Special Revenue 8,135 302,844 120,961 883,230 462,935 94,665 Capital Projects -- -- -- — -- -- Total fund balances 8.135 302.844 120,961 883 230 462.935 94,665 Total liabilities and fund balances $ 8.135 $ 495 947 $ 122.663 $ 883 230 $ 466,278 $ 94,665I I I I { I I I { 43 I 1 • Ki r Capital Debt Service Project K Series 2002 Series 2002 Series 2002 r Bond Debt Bond Debt Capital Service Fund Service Fund Construction Debt Debt Charter Charter Fund- Charter Total Service Service School School School Nonmajor r Fund 1999 Fund 2000 Land Building Land Governmental Series Series Acquisition Construction Acquisition Funds a r $ 28,477 $ 6,151 $ -- $ -- $ -- $ 1,954,575 -- 500,533 6,063 60 79,844 586,500 -- 6,844 -- — — 28,051 r -- -- -- -- -- 129,764 S 28,477 $ 513,528 3 6,063 $ 60 $ 79.844 $ 2,698,890 a $ -- $ -- $ - $ -- $ -- $ 58,663 T -- 359,814 -- — -- 359,814 r — 152,523 4.593 — 76,231 372 832 -- 512,337 4.593 -- 76,231 _ 791,309 r r 28,477 1,191 1,470 60 - 31,198 a -- - -- 1,872,770 — -- -- -- 3.613 3.613 r 28.477 1 191 1,470 60 3,613 1,907,581 r $ 28.477 $ 513 528 $ 6,063 $ 60 $ 79,844 $ 2.698.890 r is a r a a r . rie 44 CITY OF AVENTURA, FLORIDA I COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS For the Year Ended September 30, 20041 Special Revenue Police Capital Law Police Street Outlay Park Federal Enforcement Education Maintenance Impact Fee Development Forfeiture Trust Fund Fund Fund Fund Fund Fund REVENUES: Intergovernmental revenues $ -- $ 1,322,064 $ — $ — $ -- $ -- Fines Fines and forfeitures 3,978 -- -- 96,426 32,537 Impact fees -- -- 158,318 596,636 -- -- I Interest income 86 2 935 379 5,478 4.549 1.760 Total revenues 4.064 1,324,999 158 697 602.114 100.975 34.297 !â–  1jEXPENDITURES:Operating 2,518 195,545 Capital outlay -- â– 335,642 68,042 20,184 129,702 Debt Service: Principal -- — -- -- -- Interest -- -- -- -- -- -- Trustee fees -- -- -- -- -- -- ' Total expenditures 2,518 531.187 68.042 -- 20.184 129 702 Excess (deficiency)of ' revenues over expenditures 1,546 793.812 90.655 602.114 80,791 (95,405) OTHER FINANCING , SOURCES (USES): Transfers in -- -- -- Transfers out -- (572,610) -- -- Total other financing , sources (uses) -- (572,610) -- -- -- -- Net change in , fund balance 1,546 221,202 90,655 602,114 80,791 (95,405) FUND BALANCES AT BEGINNING OF YEAR 6,589 81,642 30.306 281.116 382,144 190.070 FUND BALANCE AT END OF YEAR $ 8,135 $ 302,844 $ 120.961 $ 883.230 $ 462,935 $ 94,665 I I I I 45 1 1. r a Capital Debt Service Project to Series 2002 Series 2002 Series 2002 Bond Debt Bond Debt Capital Service Fund Service Fund Construction Debt Debt Charter Charter Fund - Charter Total Service Service School School School Nonmajor Fund 1999 Fund 2000 Land Building Land Governmental Series Series Acquisition Construction Acquisition Funds POP $ -- $ -- $ -- $ - $ - $ 1,322,064 .1J= -- - - - -- 132,941 754,954 a 214 25,208 2 169 - 40780 a. 214 25,208 2 169 -- 2,250,739 a w, -- - -- -- - 198,063 -- -- -- -- -- 553,570 410,000 210,000 132,315 147,685 -- 900,000 928,098 299,628 264,204 294,867 -- 1,786,797 • 17 770 -- 5,275 5.887 - 28,932 di 1,355,868 509,628 401,794 448,439 -- 3,467,362 (1,355,654) (484,420) (401,792) (448,270) - - (1,216,623) W 1,366,768 485,611 402,507 447,963 -- 2,702,849 ." -- -- -- -- (572,610) a 1,366,768 485,611 402.507 447,963 - 2,130,239 • 11,114 1,191 715 (307) -- 913,616 Jet a 17,363 -- 755 367 3,613 993,965 J.* $ 28.477 $ 1,191 $ 1,470 $ 60 $ 3.613 $ 1 907581 It, a • a a 46 • • CITY OF AVENTURA, FLORIDA 1 SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL 1 SPECIAL REVENUE FUNDS For the Year Ended September 30, 2004 I Police Education Fund Street Maintenance Fund Original 1 and Final Original Final Budget Actual Variance Budget Budget Actual Variance REVENUES: 1 Intergovernmental revenues $ -- $ -- $ -- $1,294,000 $1,294,000 $1,322,064 $ 28,064 Fines and forfeitures 4,300 3,978 (322) -- -- -- - Impact fees -- -- -- -- _ -- -- Interest income 90 86 (4) 7.500 7.500 2 935 (4,565)4,390 Total1 revenues4064 (326) 1301500 1,301,500 1.324.999 23499 { i EXPENDITURES: Operating 4,390 2,518 1,872 194,000 195,545 195,545 -- Capital outlay -- -- — 540.890 539.345 335,642 203703 Total expenditures 4,390 2518 1872 734.8% 734.890 531 187 203703 I Excess(deficiency)of revenues over I expenditures -- 1 546 1546 227 566.610 566.610 793,812 202 OTHER FINANCING SOURCES(USES): Transfers out -- -- — (572,610) (572,610) (572,610) 1 Appropriated fund balance -- -- -- 6.000 6.000 -- (6,000) Total other financing 1 sources (uses) — -- -- (566,610) (566,610) (572,610) (6,000) Net change in fund balance -- 1,546 1,546 -- -- 221,202 221,202 1 FUND BALANCE AT BEGINNING OF YEAR -- 6589 6 589 -- -- 81.642 81 642 FUND BALANCE AT END 1 , OF YEAR $ -- $ 8,135 $ 3135135 $ -- $- — $ 302.844 $ 302 844 • • I I I I I 47 1 a a a Police Capital Impact Fee Fund Park Development Fund Original Original and Final and Final is Budget Actual Variance Budget Actual Variance en $ -- $ -- $ _- $ -- $ _ $ -- 49,000 158,318 109,318 13,000 596,636 583,636 -- 379 - 379 -- 5,478 5,478 49,000 158,697 109.697 13.000 602,114 589,114 we St 91,000 68,042 22.958 400.000 -- 400.000 a 91,000 68,042 22,958 400,000 -- 400,000 r iii (42,000) 90,655 132,655 (387,000) 602,114 989,114 i 42,000 -- (42,000) 387,000 -- (387,000) r 42,000 -- (42,000) 387,000 -- (387,000) -- 90,655 90,655 -- 602,114 602,114 i -- 30,306 30 306 -- 281,116 281,116 IP W $ -- $ 120,961 $ 120.961 $ -- $ 883,230 $ 883,230 a r • i a r i 48 CITY OF AVENTURA, FLORIDA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES- BUDGET AND ACTUAL DEBT SERVICE FUNDS For the Year Ended September 30, 2004 Series 1999 Bond Debt Service Fund Series 2000 Bond Debt Service Fund I { Original and Final Original Final Budget Actual Variance Budget Budget Actual Variance IEVENUES: Interest income $ -- $ 214 $ 214 $ 24.958 $ 24958 $ 25208 $ 250 Total revenues -- 214 214 24958 24958 25208 250 :XPENDITURES: , Debt service: Principal 410,000 410,000 -- 220,000 210,000 210,000 -- Interest 935,683 928,098 7,585 290,569 300,569 299,628 941 Trustee fees 21.085 17 770 3,315 -- -- --70• 3,315 -- -- -- -- I 1,366,768 1,355,868 10 900 510569 510 569 509628 941 • Excess (deficiency) I • of revenues over expenditures (1,366,768) (1,355,654) 11,114 (485,611) (485,611) (484,420) 1,191 )THER FINANCINGI SOURCES: Transfers in 1.366.768 1.366.768 -- 485611 485`611 485611 -- Total other financing sources 1 366 768 1 366 768 -- 485611 485611 485611 Net change in fund balance -- 11,114 11,114 -- -- 1,191 1,191I 'UND BALANCE AT BEGINNING OF YEAR -- 17,363 17363 -- -- -- -- ' UND BALANCE AT J END OF YEAR $ -- $ 28,477 $ 28,477 $ -- $ -- $ 1 191 $ l 191 I I I I I I 49 I r • Series 2002 Bond Debt Service Fund Series 2002 Bond Debt Service Fund Charter School Land Acquisition Charter School Building Construction Original Final Original Final a Budget Budget Actual Variance Budget Budget Actual Variance • $ -- $ -- $ 2 $ 2 $ -- $ -- $ 169 $ 169 m -- -- 2 2 -- -- 169 169 a 132,315 132,315 132,315 -- 147,685 147,685 147,685 - 264,192 264,205 264,204 1 294,881 294,881 294,867 14 r -- 5987 5275 712 -- 6,000 5887 113 396 507 402 507 401.794 713 442 566 448 566 448,439 127 S (396,507) (402,507) (401,792) 715 (442,566) (448,566) (448,270) 296 S 396,507 402507 47507 -- 442566 448,566 447 963 (603) 396,507 402507 402,507 — 442566 448,566447963 (603) - -- 715 715 — -- (307) (307) "° -- - 755 755 — — 367 367 a $ -- $ -- $1470 $1470 $ -- $ — $ 60 $ 60 r S r r 50 CITY OF AVENTURA, FLORIDA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL CAPITAL PROJECTS FUNDS For the Year Ended September 30, 2004 Series 2000 Capital Construction Fund Original and Final Budget Actual Variance REVENUES: Interest income S 17,902 $ 23,014 $ 5,112 Total revenues 17,902 23,014 5,112 EXPENDITURES: Capital outlay 4,094,000 17,890 4,076,110 Total expenditures 4,094,000 17,890 4,076,110 Excess(deficiency)of revenues over expenditures (4,076,098) 5,124 4,081,222 OTHER FINANCING SOURCES(USES): Appropriated fund balance 4,076,098 -- (4,076,098) Total other financing sources (uses) 4,076,098 — (4,076,098) Net change in fund balance -- 5,124 5,124 FUND BALANCE AT BEGINNING OF YEAR -- 4,076,098 4,076,098 FUND BALANCE AT END OF YEAR $ -- $ 4,081,222 $ 4,081,222 1 1 i 1 1 { i 1 i 51 1 r r r Series 2002 Capital Construction Fund- Series 2002 Capital Construction Fund- Charter School Land Acquisition Charter School Building Construction Original Original and Final and Finai Budget Actual Variance Budget Actual Variance 1191 S 20,387 $ -- $ (20,387) S 30.100 $ 38,535 $ 8.435 es 20,387 — (20,387) 30,100 38,535 8,435 • * 24 000 — 24.000 30,100 30.051 49 r 24,000 -- 24,000 30,100 30,051 49 am (3,613) -- 3,613 -- 8,484 8,484 as 3,613 — (3,613) -- -- — ** 3,613 -- (3,613) — -- _ -- -- -- -- 8,484 8,484 3.613 3,613 -- -- -- r $ -- $ 3.613 $ 3 613 $ -- $ 8 484 $ _ 8,484 ea xikp i i t a 52 CITY OF AVENTURA, FLORIDA CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS SCHEDULE OF CAPITAL ASSETS BY FUNCTION AND ACTIVITY September 30, 2004 Improvements Machinery Other Than and Function and Activity Land Buildings Buildings Infrastructure Equipment Total GENERAL GOVERNMENT $ -- $ -- $ 2,716 $ -- $ 1,014,756 $ 1,017,472 PUBLIC SAFETY -- -- -- -- 5,895,200 5,895,200 COMMUNITY SERVICES 6,954,056 11,307,497 4,584,715 6,342,838 1,647,982 30,837,088 NONDEPARTMENTAL 7,638,547 17,614,386 306,974 -- -- 25,559,907 CONSTRUCTION IN PROGRESS -- 98,778 -- -- -- 98,778 Total capital assets allocated to functions $ 14,592,603 $29,020,661 $ 4,894,405 $ 6,342,838 $ 8.557.938 $63,408,445 53 CITY OF AVENTURA, FLORIDA CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS SCHEDULE OF CHANGES IN CAPITAL ASSETS BY FUNCTION AND ACTIVITY For the Year Ended September 30, 2004 Capital Capital Assets Assets October 1, September 30, ✓ 2003 Additions Disposals 2004 GENERAL GOVERNMENT $ 914,547 $ 102,925 $ -- $ 1,017,472 â–ª PUBLIC SAFETY 5,322,017 697,871 124,687 5,895,201 COMMUNITY SERVICES 27,919,606 3,016,259 -- 30,935,865 ✓ NONDEPARTMENTAL 25,559,907 -- -- 25,559,907 r ✓ Total capital assets $ 59,716,077 $ 3,817,055 $ 124,687 $ 63,408,445 r 196 r ✓ S a .40 r r r r 54 • • STATISTICAL SECTION (NOT COVERED BY INDEPENDENT AUDITORS' REPORT) r CITY OF AVENTURA, FLORIDA • GENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION (1) DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2) • Fiscal General Public Community - Year Government Safety Services 1995/96 $ 332,840 $ 46,234 $ 176,794 1996/97 1,122,984 4,377,974 1,589,624 1997/98 1,449,408 6,535,920 1,468,806 • 1998/99 1,561,283 6,831,446 2,419,162 1999/00 1,526,679 7,804,469 2,717,728 • 2000/01 1,831,007 8,607,783 3,102,494 2001/02 2,015,866 9,332,899 3,600,234 • 2002/03 2,163,885 9,438,156 4,226,979 • 2003/04 2,371,236 10,594,453 7,495,145 • NOTES: (1) Includes the General, Special Revenue, Debt Service and Capital Projects Funds. (2) The City was incorporated during fiscal year 1995/96. • r r • r r 55 • • • Non- Capital Debt departmental Outlay Service Total ,r $ 107,987 $ 323,387 $ -- $ 987,242 465,192 5,301,853 111,955 12,969,582 • 687,683 8,077,202 237,549 18,456,568 543,665 10,919,960 7,591,607 29,867,123 • 529,737 11,850,784 1,337,410 25,766,807 ,e 725,434 11,652,841 1,902,830 27,822,389 1,163,975 12,409,178 1,866,438 30,388,590 1,040,052 12,153,846 2,415,206 31,438,124 1,365,719 3,905,875 2,715,729 28,448,157 • • • 56 CITY OF AVENTURA, FLORIDA 1 GENERAL REVENUES BY SOURCE (1) DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2) 1 Licenses Fiscal Inter- and Year Taxes Governmental Permits 1995/96 $ 3,767,199 $ 208,193 $ 1,904 1 1996/97 9,376,999 1,379,510 1,368,022 1997/98 10,671,397 1,390,596 2,756,432 1 1998/99 12,990,627 2,033,221 1,781,863 1 1999/00 13,717,316 2,836,374 1,886,777 2000/01 14,171,431 2,688,105 2,624,459 1 2001/02 15,594,548 3,091,728 3,360,172 { 2002/03 16,347,306 2,965,158 2,185,654 I 2003/04 17,788,520 7,663,308 2,146,913 • NOTES: (1) Includes the General, Special Revenue, Debt Service and Capital Projects Funds. (2) The City was incorporated during fiscal year 1995/96. 1 d I I i I I I I 57 1 r • Charges • for Fines and Services Forfeitures Interest Other Total $ 15,263 $ 2,027 $ 3,994,586 187,558 42,771 315,253 491,529 13,161,642 • 512,141 667,824 515,759 869,239 17,383,388 918,108 531,499 586,067 2,080,201 20,921,586 • 797,774 441,717 1,059,418 836,386 21,575,762 • 647,410 491,688 1,115,650 1,165,394 22,904,137 722,125 386,758 310,096 870,976 24,336,403 • 965,067 399,899 246,216 161,045 23,270,345 1,099,321 351,698 174,983 975,564 30,200,307 •• • • • • • • • • 58 CITY OF AVENTURA, FLORIDA I PROPERTY TAX LEVIES AND COLLECTIONS DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (3) I ($ in 000's) (1) t Property Property Net Fiscal Tax Tax Tax Year Levy Discount LevyI 1996/97 $ 5,802 $ 199 $ 5,603 1997/98 6,173 234 5,939 I 1998/99 6,894 239 6,655 3 1999/00 7,549 291 7,258 2000/01 7,818 305 7,513 I 2001/02 8,717 313 8,404 2002/03 9,282 290 8,992 2003/04 10,536 337 10,199 3 SOURCE: Miami-Dade County, Florida, Tax Collector NOTES: (1) Florida Law allows up to a 4% discount for timely payment of property taxes. I (2) Includes corrections and penalties. (3) • The City was incorporated during the 1995/96 fiscal year. The first year that the City was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year. I I I I I I I I 1 i 59 w Percentage of • (2) Total Tax Current Delinquent Total Collections Tax Tax Tax To Net Collection Collection Collection Tax Levy $ 5,561 $ 8 $ 5,569 99.39% is 5,823 18 5,841 98.35% 6,572 23 6,595 99.10% r 7,115 26 7,141 98.39% a 7,397 43 7,440 99.03% 8,227 201 8,428 100.29% 410 9,013 62 9,075 100.92% 10,054 89 10,143 99.45% a r r r 60 CITY OF AVENTURA, FLORIDA â–  ASSESSED VALUE OF TAXABLE PROPERTY (1) DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2) 1 Nonexempt Nonexempt Total Fiscal Real Personal Taxable Year Property Property Valuations 1996/97 $2,509,850,919 $ 95,280,080 $2,605,130,999 ! 1997/98 2,664,701,818 107,083,192 2,771,785,010 1998/99 2,971,907,364 123,652,446 3,095,559,810 1 1999/00 3,238,050,389 142,847,663 3,380,898,052 1 2000/01 3,349,591,933 160,779,980 3,510,371,913 2001/02 3,752,226,238 162,055,639 3,914,281,877 1 2002/03 4,007,501,399 160,384,595 4,167,885,994 2003/04 4,569,228,195 161,725,854 4,730,954,049 SOURCE: Miami-Dade County, Florida, Tax Collector I NOTES: (1) Florida Law requires all property to be assessed at current fair market value. (2) The City was incorporated during the 1995/96 fiscal year. The first year that the City was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year. d ®L i 1 I 6 61 1 CITY OF AVENTURA, FLORIDA a PROPERTY TAX MILLAGE RATES - DIRECT AND OVERLAPPING GOVERNMENTS (PER $ 1,000 OF TAXABLE VALUE) DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (1) Tax Fiscal Roll Year Year City School County r 1996/97 1996 2.2270 10.3660 10.3270 1997/98 1997 2.2270 10.4620 9.9930 r 1998/99 1998 2.2270 10.1600 10.0580 1999/00 1999 2.2270 9.6440 9.6980 2000/01 2000 2.2270 9.6170 9.5060 • r 2001/02 2001 2.2270 9.3760 9.6060 2002/03 2002 2.2270 9.2520 9.4260 r 2003/04 2003 2.2270 9.1000 9.9010 r SOURCE: Miami-Dade County, Florida, Tax Collector «_ r NOTE: (1) The City was incorporated during the 1995/96 fiscal year. The first year that the City was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year. e a r r r r 62 r .. • South a Florida Florida Water Inland Everglades Management Navigation Project District District Total 0.1000 0.5720 0.0380 23.6300 • 0.1000 0.5970 0.0500 23.4290 0.1000 0.5970 0.0470 23.1890 0.1000 0.5970 0.0440 22.3100 r 0.1000 0.5970 0.0410 22.0880 0.1000 0.5970 0.0386 21.9446 0.1000 0.5970 0.0385 21.6405 0.1000 0.5970 0.0385 21.9635 S a r r r r r r S le 63 CITY OF AVENTURA, FLORIDA â–  RATIO OF NET BONDED DEBT TO TOTAL ASSESSED VALUE AND NET BONDED DEBT PER CAPITA DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (3) ,,, ($ in 000's) (2) Assessed Gross 1 Fiscal (1) Taxable Bonded Year Population Value Debt ' 1996/97 20,383 $ 2,605,131 $ 3,276 1 1997/98 20,349 2,771,785 6,196 1998/99 22,800 3,095,560 21,000 1 1999/00 25,267 3,380,898 20,645 2000/01 25,768 3,510,372 26,610 2001/02 26,142 3,914,281 38,650 2002/03 27,241 4,167,886 38,055 2003/04 28,207 4,730,954 37,155 1 Source: (1) Population is as of April 1 of each year, per the University of Florida Bureau of Economic t & Business Research. (2) . The City was incorporated in November, 1995. Accurate estimates of population were not available until April 1, 1997. For the 1995/96 fiscal year, the City was not in existence at the time that assessed taxable value was determined. I I I I I I I 64 1 a Debt Ratio of Service Net Bonded Funds Net Debt To Net Bonded Available Bonded Assessed Debt Per (Net) Debt Value Capita $ 189 $ 3,087 0.12% $ 151.45 208 5,988 0.21% 294.27 • 351 20,649 0.67% 905.66 356 20,289 0.60% 802.98 r 866 25,744 0.73% 999.06 1,668 36,982 0.94% 1,414.66 529 37,526 0.90% 1,377.56 31 37,124 0.79% 1,316.13 a a r a 65 CITY OF AVENTURA, FLORIDA COMPUTATION OF LEGAL DEBT MARGIN BONDED DEBT September 30, 2004 ASSESSED VALUATION OF TAXABLE REAL 1 • AND PERSONAL PROPERTY $ 4,730,954,049 BONDED DEBT LIMIT - 10% OF ABOVE (1) $ 473,095,405 AMOUNT OF DEBT APPLICABLE TO DEBT LIMIT: Total bonded debt $ 37,155,000 Less debt to be repaid from specified revenue sources: Covenant to budget and appropriate 37,155,000 1 TOTAL AMOUNT OF DEBT APPLICABLE TO DEBT LIMIT -- LEGAL DEBT MARGIN (1) $ 473,095.405 1 NOTE: (1) The City Charter allows revenue bonds to be issued when authorized by the City Commission as long as five of the seven Commission members approve the debt. Ad Valorem (general obligation bonds) must be approved by referendum of the electorate. The Charter provides no limit on the amount of general obligation debt; however, the adopted Capital Improvement Program provides that general obligation bonds shall not exceed 10% of the total assessed value of the City. 1 1 1 1 1 1 1 1 1 66 1 r CITY OF AVENTURA, FLORIDA �.. COMPUTATION OF DIRECT AND OVERLAPPING DEBT September 30, 2004 r ($ in 000's) r (1) Percentage Amount Applicable to Applicable to is Net Debt the City of the City of Jurisdiction Outstanding Aventura Aventura r MIAMI-DADE BOARD OF COUNTY COMMISSIONERS $ 225,581 (2) 3.71% $ 8,369 MIAMI-DADE COUNTY SCHOOL BOARD 750,606 (2) 3.71% 27,847 CITY OF AVENTURA 37,140 100.00% 37,140 $ 1,013,327 Total $ 73,356 NOTES: (1) Based on ratio of assessed taxable value. (2) Source: Miami-Dade County, Florida, Finance Department. r r r r r r r r • r 67 CITY OF AVENTURA, FLORIDA 1 RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL BONDED DEBT TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES 1 DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2) Ratio of 1 Debt (1) Service Total to Total 1 General General Fiscal Total Debt Governmental Governmental . Year Principal Interest Other Service Expenditures Expenditures 1995/96 $ -- $ -- $ -- $ -- $ 987,242 0.0% I s; 1996/97 -- 111,955 -- 111,955 12,969,582 0.86% 1 • I 1997/98 -- 237,549 -- 237,549 18,456,568 1.29% 1998/99 6,900,000 691,607 -- 7,591,607 29,867,123 25.42% 1 (3) (3) (3) . 1999/00 335,000 982,410 15,809 1,353,219 25,766,807 5.26% I 2000/01 590,000 1,260,248 18,082 1,868,330 27,822,389 6.72% 2001/02 570,000 1,276,224 20,214 1,866,438 30,388,590 6.15% I 2002/03 595,000 1,746,446 73,760 2,415,206 31,438,124 7.68% 1 2003/04 900,000 1,786,797 28,932 2,715,729 28,448,157 9.54% • NOTES: (1) Includes the General, Special Revenue, Capital Projects and Debt Service Funds. I (2) The City was incorporated during the 1995/96 fiscal year. (3) Includes $ 6,900,000 to refund the 1996 Line of Credit. 1 • I I I I I • I 68 I • CITY OF AVENTURA, FLORIDA ESTIMATED VALUE OF CONSTRUCTION AND BANK DEPOSITS DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE ($ in 000's) S Estimated Value of Construction (2) Number Other Bank of New New than New Number of Deposits Fiscal Housing Housing Housing Permits (County) Year Units Units Units Total Issued (Thousands) 1996/97 229 $ 55,756 $ 209,760 $ 265,516 1,719 $ 34,395,088 (1) 1997/98 798 140,775 129,438 270,213 4,506 34,739,602 1998/99 365 109,823 57,229 167,052 4,194 37,403,279 1999/00 823 95,433 36,403 131,897 4,915 38,913,181 as 2000/01 689 122,617 43,181 165,798 5,290 44,450,858 2001/02 377 155,765 31,807 187,572 3,820 48,987,245 2002/03 1,079 152,424 83,247 235,671 2,675 53,833,682 2003/04 231 62,675 10,047 72,722 2,872 58,816,272 NOTE: (1) The City began processing building permits for construction within its corporate limits in ea November, 1996. Prior to that date, building permits were processed by Miami-Dade County and information is not available for that period. (2) Miami-Dade County bank data is from the Florida Bankers Association. Specific data for the City of Aventura is not available. r 4. r r r r 69 CITY OF AVENTURA, FLORIDA I • PRINCIPAL TAXPAYERS FISCAL YEAR 2002/03 I ($ in 000's) Percentage I of Total Assessed Taxable Company Name Type of Business Value Value 1. Aventura Mall Ventures Shopping Center $ 274,800 5.81% ' 2. The Bay Club of Aventura Rental Apartment Complex 73,815 1.56% 3. Turnberry Country Club Golf Course and Hotel 72,963 1.54% I 4. Miami Beach Healthcare Group, LTD. Hospital/Medical Center 52,153 1.10% 1 5. Summit Properties Rental Apartment Complex 38,636 0.82% 6. D. Soffer & B. Redich Trust Developer 34,417 0.73% ' 7. Bruce Strohm & D. Neithercut (TRS) Rental Apartment Complex 33,971 0.72% 8. Champion Retail, LTD. & D. Soffer & B. Redich Trust Developer 29,791 0.63% 9. Prudential Insurance Co. Shopping Center 26,600 0.56% I 10. Shefaor Tarragon LLP Rental Apartment Complex 25.600 0.54% Total $ 662,746 14.01% SOURCE: Tax roll of Miami-Dade County, Florida I I I I I 70 1 • CITY OF AVENTURA, FLORIDA DEMOGRAPHICS AND MISCELLANEOUS STATISTICS September 30, 2004 ea DATE OF INCORPORATION November 7, 1995 a FORM OF CITY GOVERNMENT Commission - Manager AREA 3.5 Square Miles POPULATION PER STATE ESTIMATE * 28,207 r ETHNIC DISTRIBUTION **: White (Non-Hispanic) 73.1% African-American 1.7% Hispanic 20.7% Other 4.5% AGE DISTRIBUTION **: 'r Under 20 11.0% 20-34 18.2% 35-54 23.5% 55-64 12.0% 65+ 35.3% 1O AVERAGE HOUSEHOLD SIZE **: Average Household size 1.79 Average Family size 2.45% r HOUSING OCCUPANCY **: Total housing units 20,020 Owner occupied housing units 10,044 Renter occupied housing units 3,956 Seasonal, recreational and vacant a housing units 6,020 FULL-TIME EMPLOYEES 148 Public Tennis Center 1 PUBLIC FACILITIES LOCATED WITHIN CORPORATE LIMITS: Public Recreation Center a Public Parks Open Space Recreation (acres) 21 *** Public School 0 Charter School 1 PUBLIC LIBRARIES (OPERATED BY Police Station MIAMI-DADE COUNTY) 1 a FIRE STATIONS (OPERATED BY Police Sub-stations 3 MIAMI-DADE COUNTY) 2 * State of Florida, Bureau of Economic & Business Research. Population is as of April 1, 2004. ** U.S. Census Bureau, Profile of General Demographic Characteristics: 2000 for Aventura, Florida *** City of Aventura comprehensive plan 71 f COMPLIANCE SECTION OTHER REPORTS OF INDEPENDENT AUDITORS r a a S a `t KEEFE, MCCULLOUGH&CO., LLP CERTIFIED PUBLIC ACCOUNTANTS a WINA 6550 NORTH FEDERAL HIGHWAY JOHN R.KEEFE.CPA. JOSEPHO.LEO,CPA. JOHNET CROV(HL C'P A(RETIRED) WILLIAMO.BENSON,CPA. SUITE410 T THOMAS CARPENTER PC CA. BRIAN O.PINNELL, PA. FORT LAUDERDALE,FLORIDA 33308 .SNRIOOD C.PA. RETIRED) KENNET HO.SMfrH,C PA. 954 777-0896 STEVEN IL WOODS,C'PA LONS R.PROIEI N,CP.A t 1 DAVIDT WILLIAMS.C.P.A. CYNTHIA L CALVES?C.P.A. FAX:(954)938-9353 CHRISTOPHER L.COLLINS.C.P.A. ISRAEL I.GOMEZ.C.P.A. E-MAIL:kmc@kmccpa.com CHARLES K.RVMPE C.P.A. KEVIN R.ROACH CP A. R r " INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND +� ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS a • To the Honorable Mayor, City Commission and City Manager a City of Aventura, Florida Aventura, Florida 11 We have audited the financial statements of the City of Aventura, Florida as of and for the year ended September 30, 2004 and have issued our report thereon dated February 2, 2005. We conducted our audit in accordance with auditing standards generally accepted in the United States of r America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. • Compliance • As part of obtaining reasonable assurance about whether the City of Aventura, Florida's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct • and material effect on the determination of financial statement amounts. However, providing an r 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 that ,. are required to be reported under Government Auditing Standards. a Internal Control over Financial Reporting • r' In planning and performing our audit, we considered the City of Aventura, Florida's internal control over financial reporting in order to determine our auditing procedures for the purpose of • expressing our opinion on the financial statements and not to provide assurance on the internal control r over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material a weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and r its operation that we consider to be material weaknesses. ` 72 City of Aventura, Florida This report is intended for the information of City management, members of the City Commission, the Office of the Auditor General of the State of Florida and other grantor agencies. However, this report is a matter of public record and its distribution is not limited. / 61 "" ' ./ LLA KEEFE, McCULLOUGH & CO., LLP Fort Lauderdale, Florida February 2, 2005 1 1 1 I 1 1 1 i I 73 • KEEFE, MCCULLOUGH&CO., LLP IR CERTIFIED PUBLIC ACCOUNTANTS S MOM 6550 NORTH FEDERAL HIGHWAY JOHN R.KEEFE,CPA. JOSEPH D.LEO.CPA. SUITE 410 JOHN E.M[CULLOUGLLCPA(RETIRED) WILLIAM G.BENSON,CPA. THOMAS T CARPENTER.CPA. BRIAN D.PB 4ELL.C PA. FORT LAUDERDALE,FLORIDA 33308 PALL B.SNEIDER,CEA.(RETIRED) KENNETH G.SMWTH,CPA STEVEN H.WOODS.CPA. LOUIS R.PROM I N.CPA (954)771-089696 DAVM T.WILLIAMS,C P A. CYNTHIA L CALVERT.C PA. FAX:(954)938-9353 �' -MAIL:kmc@kmcc a com CHARLES K.R L.COLLINS.WLLINC.P.A.AISRAEL RO CH. CPA. P CHARLES K.RUMPE C.P.A. KEVIN R.ROACH.C.P.A. S r INDEPENDENT AUDITORS' REPORT TO CITY MANAGEMENT r To the Honorable Mayor, City Commission and City Manager City of Aventura, Florida r Aventura, Florida We have audited the financial statements of City of Aventura, Florida as of and for the year ended a September 30, 2004, and have issued our report thereon dated February 2, 2005. w 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 also issued our Independent Auditors' Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. • That report, dated February 2, 2005, should be considered in conjunction with this report to City management. • + Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1)(g)l.a.) require that we address in the report to City management, if not already addressed in the auditors' report on compliance and internal controls, + whether or not inaccuracies, irregularities, shortages, defalcations, fraud, and/or violations of laws, rules, regulations, and contractual provisions reported in the preceding annual financial audit report have been corrected. There were no inaccuracies, irregularities,shortages,defalcations,fraud and/or violations of laws, rules, regulations, and contractual provisions disclosed in the preceding annual • financial audit report. w The Rules of the Auditor General(Section 10.554(1)(g)1.b)require that we address in the report r to City management, if not already addressed in the auditors' report on compliance and internal controls, whether or not recommendations made in the preceding annual financial audit report have w been followed. There were no recommendations made in the preceding annual financial audit report. r As required by the Rules of the Auditor General (Section 10.554(1)(g)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. r • 74 City of Aventura, Florida 1 The Rules of the Auditor General(Section 10.554(1)(g)4.)require disclosure in the report to City management of the following matters if not already addressed in the auditors' report on compliance and internal controls: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements);(4)failure to properly record financial transactions;and(5)other inaccuracies,shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. Our audit disclosed no matters requiring disclosure in the report to City management or the financial statements. The Rules of the Auditor General (Section 10.554(1)(g)5.) also require that the name or official 1 title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the report to City management, unless disclosed in the notes to the financial statements. The City of Aventura, Florida was created by Resolution No. R-1104-95 of the Miami- Dade County Commission on July 25, 1995. The City does not have any component units. { As required by the Rules of the Auditor General(Section 10.554(1)(g)6.a.),the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit, we determined that the City is not in a state of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida Statutes. 1 As required by the Rules of the Auditor General (Section 10.554(1)(g)6.b.), we determined that the annual financial report for the City for the year ended September 30, 2004, filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the year ended September 30, 2004. As required by the Rules of the Auditor General(Section 10.554(g)(6)c. and 10.556), we applied financial condition 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. 1 This report to management is intended solely for the information of management, members of the City Commission and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. This restriction is not intended to limit the distribution of this report, which is a matter of public record. KEEFE, McCULLOUGH & CO., LLP Fort Lauderdale, Florida February 2, 2005 1 i 1 1 75 * � T , :s' fi' ,(0‘111!)1,', , , III/ v ) I CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C' DATE: April 21 , 2005 SUBJECT: FDOT Maintenance Memorandum of Agreement for Lehman Causeway Landscape and Irrigation May 3, 2005 City Commission Meeting Agenda Item E RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing the execution of the attached Maintenance Memorandum of Agreement for Lehman Causeway Landscape and Irrigation Improvements with the Florida Department of Transportation (FDOT). BACKGROUND The City's Capital Budget includes a project to re-Iandscape a portion of the Lehman Causeway adjacent to the jogging trail and to add landscaping in the area west of Country Club Drive. As part of FDOT requirements for the City to obtain a permit for the proposed landscape improvements on the Lehman Causeway, the City is required to enter into a Maintenance Agreement designating and setting forth the responsibilities of each party. The Maintenance Agreement requires the City to maintain all proposed landscaping and irrigation improvements within the FDOT right-of-way of the Lehman Causeway. This agreement is similar to others that the City entered into with the Causeway and Biscayne Boulevard. If you have any questions, please feel free to contact me. EMS/act Attachment CC01343-05 RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR LANDSCAPE MAINTENANCE ON THE WILLIAM LEHMAN CAUSEWAY FROM EAST COUNTRY CLUB DRIVE TO A POINT WEST OF WEST COUNTRY CLUB DRIVE BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City will construct Landscape Improvements within the Florida Department of Transportation's William Lehman Causeway right-of-way; and WHEREAS, the Florida Department of Transportation requires the City to enter into a Maintenance Memorandum of Agreement to allow for continued maintenance of Landscape Irnprovements to occur and a construction perrnit to be issued. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Memorandum of Agreement by and between the City of Aventura and the Florida Department of Transportation for the City of Aventura to provide landscape maintenance services on the William Lehman Causeway for the Florida Department of Transportation. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote; the vote was as follows: , who Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. Page 2 PASSED AND ADOPTED this 3rd day of May, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SECTION NO.: FM NO.(s): COUNTY: S.R. 87210 25024425801 Miami-Dade 856 DISTRICT SIX (6) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this _ day of 2005, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CTIY OF A VENTURA a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNE SSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 856 as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purposes of safety, protection of the investment and other reasons, has constructed and does maintain a four (4) lane highway facility as described in Exhibit A, attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape swales and areas outside of the travel way to the right of way line, including asphalt bike- pedestrian path, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and bike-pedestrian path repair as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY, by Resolution No. dated 1 2005, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: J.. \1\ I )('~'ulll-::nl" \\ ~':-<I ) \,'und ('il(l~c'\"d\ ! ,;Imb-.:alk' lmpr,'\.:m..::nl'- \ !ilinl,:Tl~llk'':: \1':11"'1':\]).1(1111 (,t' ,\gT~'~'llk'l1t,d<)l' 1 I. The AGENCY hereby agrees to install or cause to be installed landscape, irrigation, and restoration of existing pedestrian-bike path as required on the highway facilities as specified in plans and specifications incorporated herein as Exhibit B, with if any, the following exceptions and conditions: (a) The current Florida of Department of Transportation Design Standard Index 546 must be adhered to, (b) Clear zonelhorizontal clearance as specified in the Plans Preparation Manual - English Volume 1, Chapter 2 must be adhered to, (c) Landscape shall not obstruct roadside signs or permitted outdoor advertising signs, (d) If irrigation is to be installed, the DEPARTMENT shall be provided accurate as built plans of the system so ifin the future there is a need for the DEPARTMENT to perform work in the area, the system can be accommodated as much as possible, (e) Ifit becomes necessary to provide utilities to the swale or side areas (water/electricity) it shall be the AGENCY'S responsibility to obtain a permit for such work through the local maintenance office, (f) During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current Department Design Standards (series 600), (g) The AGENCY shall provide the local maintenance office located at 1773 NE 205111 Street, North Miami Beach, FL 33179(305-654-7163) a twenty-four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact, (h) If there is a need to restrict the normal flow of traffic it shall be done on off-peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the project. The DEPARTMENT's Public Information Office shall also be notified, (i) The AGENCY shall be responsible to clear all utilities within the project limits, 0) The AGENCY shall notny the local maintenance office forty-eight (48) hours prior to the start of the project. ! \1\ 1)'h:IIIlKIlI~ \\'.,::\1 J \,IUll(! ('<111\1.'\\<1\ I .alld\('ap~' IIllPH\\ L'l1lL'n\\ \!ailllL'l1;IJ1L'L \ 1C:1ll\'Lll1lhI11l ,'I', \gl"-:llklll,d,)c' 2 2. The AGENCY agrees to maintain the landscapelhardscape and irrigation within the swales and areas outside the travel way to the right of way line, by periodic trimming, cutting, mowing, bike-pedestrian path edging, fertilizing, irrigation repairs, litter pickup and necessary replanting as needed following the DEPARTMENT'S landscape safety and plant care guidelines. Hardscape shall mean any non-standard roadway, sidewalk or median surface such as interlocking pavers, asphalt, stamped asphalt and stamped concrete. The AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and areas covered with asphalt or similar type surfacing (hardscape) within the swales and areas outside the travel way to the right of way line, including bike-pedestrian path or replacements as needed. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and hannful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual safety hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. To maintain also means to keep the bike-pedestrian path in optimum condition. Plants shall be those items, which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY shall be subject to periodic inspections by the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has undertaken the landscape installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option I \1\ J)O'-'llm~l1(~ \\'~~t Bound C:1I1S,,\Q\ 1:l11d',-'ap..: lmprdh'11h.:1l1\ \Jaillkn;I1l,',-' \km,'r:ll1dlllll ill'. \!2.h'l'llh:nLd"c 3 issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape/irrigationlhardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscapelhardscape covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscapelhardscape after which time the Department may remove same. 5. The AGENCY agrees to perform the final inspection and provide written certification that all safety requirements have been met and for acceptance of the Project. 6. This Agreement may be tenninated under anyone (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 7. The term of this Agreement commences upon execution. 8. This Agreement may be amended if mutually agreed to by both parties in writing. I" \1\ J)O,-'\ll1k'nh W,,:slllr.und Cau~..::\\ay I ,;llldsL'ap<: Jlllpn>\L'llh.:nh \Ltinkn:lIh:": \klll,'randul1l oj \grC::L'l1h:nLd')L' 4 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this Agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Sections 1 and 2 of this Agreement. 10. The AGENCY may construct additional landscape within the limits of the rights-of-ways identified as a result ofthis document, subject to the following conditions: (a) Plans for any new landscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape and irrigation shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed at no cost to the DEPARTMENT. 11. This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess oftbe amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and r.. \1\ 1)(;~'lIl1l(:nls \\L'sf BnLllld C:lllSL'\\:1\ !:lI1d<;L"~ql": llllpnl\..:m"nh \Ltinkn:lIk'c' \lc'lll"r:l1ldllIll ,d' _ \t~r":L'lllL'ntd'lL- 5 conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. 16. Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: if to the DEPARTMENT: if to the AGENCY: Florida Department of Transportation District Six 1000NW III Avenue Miami, FL 33172 Attention Craig James, RLA FOOT Dist. 6 Landscape Architect City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Attention: Robert M. Sherman Director of Community Seivices City of A ventura I, \1\ ])()L'um..:nls \\".cst Il()lI11d C:lIh("\\;IY ]alldsL'ar..: Imrn)\"':llk'l1l:< \!:linktl:\1k'': \kllll'r:lTldlllll .,f. \gr;.'("lll<.'llld,\~' 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: City Manager District Secretary Attest: (SEAL) Attest: (SEAL) City Clerk Executive Secretary Approval as to Form Date Approval as to Form Date I \1\ I )"L'll1llL'1l1s \\',,"1 l\\'llnd ('<lllS\.'\\<l\ J .~lIl{j<,;car.: ll11pr(1\,,111..::nl,.; \lainl..::n:IIK..; \IC1l1\lr:lIldlllll \)j' _ \~)J"L'nkl\l_d, 'L' 7 SECTION NO.: 87210 EXHIBIT A FM NO.(s): COUNTY: S.R. PROJECT LOCATION: State Road 856 from Biscayne Boulevard to East Country Club Drive I \1\ !)ilClllll.cnls \\'..::st Il\lund Call"~'\\a\ l.andsCilp,: ImrW\'C1l1..:nls \Llinkn;!lh',> \klllPraIldlllll "I, \~',h'''::111<':IlLdL'''- 25024425801 Miami-Dade 856 8 EXHIBIT B SECTION NO.: FM NO.(s): COUNTY: S.R. 87210 25024425801 Miami-Dade 856 See attached plans prepared by O'Leary Design Associates, P.A. dated 2-28-05 1 ., \1\ I )"~'lI!1lt:nl'- \\'~',-I Bound C<lll~'-'\\d~- ] <llldsL':llk' 11llpn'\<,nKnt~ \Llinkn;IlJ;.,:<: \knhlf:lJll.lil1l1 "r _ \!~r'-''-'llk'1l1 doc 9 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: DATE: April 21, 2005 SUBJECT: Resolution Urging the Miami-Dade Boa of County Commissioners to oppose the extension of the Urban Development Boundary May 3, 2005 City Commission Meeting Agenda Item g RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution urging the Miami Board of County Commissioners to oppose the extension of the Urban Development Boundary and encourage the adherence to the County Development Master Plan and the adopted 2003 Evaluation and Appraisal Report. BACKGROUND The County Commission is in the process of considering amendments that would extend the current Urban Development Boundary (UDB) further south and west. The UDB is the "line in the sand" whereby further development is not allowed. For the reasons outlined in the "Whereas" paragraphs contained in the Resolution it is not recommended that the UDB be extended for any reasons. The Dade League of Cities, the Urban Environment League of Greater Miami as well as the Mayor requested that this item be placed on the Agenda. If you have any questions, please feel free to contact me. EMS/act Attachment CC01345-05 RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS TO OPPOSE ANY EXTENSION TO THE URBAN DEVELOPMENT BOUNDARY AT THE PRESENT TIME, AND TO ENCOURAGE INFILL DEVELOPMENT AND ADHERENCE TO THE COUNTY DEVELOPMENT MASTER PLAN AS CURRENTLY ADOPTED, INCLUDING THE ADOPTED 2003 EVALUATION AND APPRAISAL REPORT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura recognizes that the City of Aventura and its neighboring communities are impacted significantly by Miami-Dade County's Planning, Zoning and County Comprehensive Development Master Plan (CDMP) policy; and WHEREAS, the City of Aventura wishes to work with its sister municipalities and Miami-Dade County in a regional manner for fair, wise and mutually beneficial policies; and WHEREAS, the City of Aventura is aware that Miami-Dade County is under increasing pressure to extend the Urban Development Boundary (UDB) further south and west in order to allow greater and sometimes more intense, development activity to occur; and WHEREAS, the extension of the UDB at this time will have significant negative impacts in Miami-Dade County, including increased traffic, inadequately funded or unfunded increased costs for the provision of potable water, wastewater, stormwater, schools, parks and open space, and county and municipal services, including police, fire and social services; and Resolution No. 2005 Page 2 WHEREAS, Miami-Dade County's adopted 2003 Evaluation and Appraisal Report (EAR) of the CDMP recommends against extending the UDS and reports infill housing land to be in adequate supply through at least the year 2020, therefore eliminating the need to extend the UDS at this time; and WHEREAS, municipalities in Miami-Dade County are still engaged in their own state-mandated EARs and should have adequate time to finish their reports without the proposed major amendment to the County's CDMP hanging in the balance; and WHEREAS, the South Miami-Dade Watershed Study and Plan, a comprehensive study underway jointly by the South Florida Regional Planning Council, the South Florida Water Management District and Miami-Dade County, will not be complete until late 2005, and is intended to provide data essential to any consideration of moving the UDB or amending the CDMP and should not be preempted; and WHEREAS, Miami-Dade County is legally obligated to participate with state and federal efforts to restore the Greater Everglades Ecosystern, which could be significantly impacted if the UDS is moved, and proper analysis of those impacts is not complete and should not be preempted; and WHEREAS, the City Commission of the City of Aventura urges Miami-Dade County to oppose any extension of the UDS at this time and, alternatively, urges the County to adopt policy to encourage infill development in accordance with the currently adopted CDMP and EAR. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Resolution No. 2005 Page 3 Section 1: That the City of Aventura hereby advises Miami-Dade County and its Board of County Commissioners that it opposes any change to the Urban Development Boundary at this time, and urges Miami-Dade County to do the same, for the reasons outlined above. Section 2: The City of Aventura further advises Miami-Dade County and its Board of County Commissioners that it supports county policy that encourages infill development and adherence to the CDMP, as currently adopted, including the adopted 2003 EAR. 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. Section 4: This Resolution shall be 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 Bob Diamond Commissioner Billy Joel Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. 2005 Page 4 PASSED AND ADOPTED this 3rd day of May, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: DATE: FROM: SUBJECT: Resolution to Participate in Coastal Communities Transportation Master Plan May 3, 2005 City Commission Meeting Agenda Item .5 . J.I RECOMMENDATION In light of the importance and crucial need to study transportation issues on a regional level to jointly manage the transportation system, it is recommended that the City contribute and participate in the funding of the Comprehensive and Coordinated Transportation Sub-Region Master Plan. BACKGROUND Previously, the coastal comrnunities of Miami-Dade County filed a joint application with the Metropolitan Planning Organization (MPO) for a grant application to develop a The application was not recommended for award by the MPO based on other priorities and funding issues. Following MPO recommendation, the City of Miami Beach resubmitted the application to meet a March 5, 2005 deadline under the MPO's 2006 Municipal Program. This grant program could award up to a maximum of $150,000 of the $275,000 the study is estimated to cost. The City of Miami Beach is requesting the other coastal cities to assist in funding the $125,000 local contribution. Based on population, the City of Aventura has been requested to contribute $21,674 for the study. EMS/act CC01336-05 RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA AUTHORIZING CONTRIBUTION AND PARTICIPATION BY THE CITY IN THE COMPREHENSIVE AND COORDINATED TRANSPORTATION SUB-REGION MASTER PLAN; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to participate on behalf of the City in the Comprehensive and Coordinated Transportation Sub-Region Master Plan. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution, including the contribution of the City's allocation of matching funds under the Metropolitan Planning Organization's 2006 Municipal Grant Program. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Billy Joel Commissioner Harry Holzberg Corn missioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor lev Auerbach Mayor Susan Gottlieb Resolution No. 2004-_ Page 2 PASSED AND ADOPTED this 3rt! day of May, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 www.miamibeachfl_gov March 18,2005 Mr. Eric Soroka City Manager City of Aventura 19200 W. Country Club Drive Aventura, Florida 33180 Telephone Facsimile SUBJECT: "Coastal Communities Transportation Master Plan" Update and Request Dear Mr. Soroka. This is to inform you that our joint coastal communities' application for the Metropolitan Planning Organization (MPO) to fund and conduct our proposed "Coastal Communities Transportation Master Plan," was not recommended for award by the MPO's Unified Planning Work Program (UPWP) Selection Committee. The UPWP had only $140,000 available for new studies and two other County projects were awarded, instead: An "Arterial Grid Network Analysis" at $60,000, and a "Visioning the Future Study" at $80,000. Following MPO recommendation, the City of Miami Beach plans has resubmitted our joint "Coastal Communities Transportation Master Plan" application to meet a March 5, 2005 deadline under the MPO's 2006 Municipal Grant Program. This latter grant program could be awarded at a maximum amount of $150,000, while our "Coastal Communities Transportation Master Plan" is estimated to cost $275,000. This remaining of $125,000 will have to be a local contribution. The City of Miami Beach will cover the largest share of the local match, but we would like the other cities to consider some funding assistance. We can discuss a specific allocation, however if we use population, the distribution would be as follows: Municipality Population Distribution Matching Funds City of Aventura Town of Bal Harbour Village Town of Bay Harbor Islands City of Miami Beach City of North Bay Village City of Sunny Isles Beach Town of Surfside 26,142 3,309 5,118 88,972 6.689 15,477 5.061 150,768 17.3% 2.2% 3.4% 59.0% 4.4% 10.3% 3.4% 100% $ 21,674 2,743 4,243 73,766 5,546 12,832 4.196 $125,000 MAR 2 2 2005 OFFICE OF THE em MANAGER Please let us know if you are willing to participate in funding the local match required for the grant and if a population basis is acceptable. Sincerely, J~L:r:lez City Manager City of Miami Beach Attachment: Scope of Services/Application JMG/RM/~ F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\ELlSA VILLAR\Transportation\Coastal Comm Itr1.doc FY 2006 UNIFIED PLANNING WORK PROGRAM TASK NUMBER AND TITLE: 4.13 MUNICIPAL GRANT PROGRAM COASTAL COMMUNITIES TRANSPORTATION MASTER PLAN OBJECTIVES: . Study the existing and future sub-regional transportation network through extensive data collection, analysis, and public involvement. . Develop a multi-modal list of projects, designed to address identified needs based on the scientific and subjective nature of the project. . Quantify the cost of these projects, relative to their planning, design and construction. . Prioritize the list of projects into an Implementable 10 year Coastal Communities Transportation Master Plan. . Achieve community consensus, and approval by each governing body involved. . Enhance regional mobility, in a coordinated manner. PREVIOUS WORK: . In the late 1990's the Miami Beach Municipal Mobility Plan was developed through a partnership between Miami Beach and the Metropolitan Planning Organization. Its purpose was to examine multi-modal measures by which to mitigate mobility issues on Miami Beach. The vast majority of the 45 projects recommended in this plan have been implemented. Due to this success the plan is already in need of updating. To truly provide a higher level of planning, it is believed that the Mobility Plan must be expanded to examine transportation in coastal Miami-Dade County, in a more coordinated and regional manner. It is recognized that the imrnediately affected communities do not exist in a vacuum, and leadership and vision are needed to jointly manage the transportation system in the area. What is done in one will have far reaching impacts, not only on each cities immediate neighbors, but on mainland Miami-Dade County. It is for this reason that a highly coordinated effort between the affected cities, FDOT, the Miami-Dade MPO, Miami-Dade County and the South Florida Regional Planning Council is needed. METHODOLOGY: . This effort strives to set an example as a targeted sub-regional attempt at transportation planning which is multi-modal in nature. In doing so it is imperative to produce a plan that is both scientific and personal in nature. Hard data derived from traffic counts and analysis will be projected. Issues arrived at through accepted methodologies will be supported through an extensive public involvement process. The study will portray existing conditions and project conditions in the future, and will provide a clear picture of the origin and destination of traffic affecting the coastal commuml1es, as traffic flows across the causeways. In addition realistic growth projections will be developed in concert with the MPO, utilizing the future land use maps and build-out scenarios of each city. It will make recornmendations that will focus coordinated improvements. It will involve local decision makers in the process. Task 1: Public involvement Engaging the public and incorporating public input is a multi-level process that takes place consistently throughout the duration of the plan developrnent. The goal shall be community consensus, resulting in approval from each of the governing bodies involved. Task 2: Data Collection and Analysis Previous work will be used as a guide to the assignment of data collection efforts. Planning work will be coordinated with currently ongoing studies and projects that will have direct and indirect impacts on the relevance and effectiveness of the Master Plan's recommendations. Traffic counts will be taken along key transportation routes. Data will be projected so that future impacts can be examined. It will be important to understand the where current traffic is coming from and where it is going, therefore an efficient and cost effective origin and destination study will be developed. Task 3: Needs Assessment A three level analyses (intersection, corridor, regional) will point to various levels of need, for various modes both in and adjacent to the coastal communities. Identified needs will be organized into logical multi-modal categories. From this assessment a list of potential projects will be developed. Task 4: Development of Potential Projects Each project will be conceptually developed. This will entail the formulation of a project sheet for each project that details the project specifics, which will aid in the prioritization process. Task 5: Implementation Plan The first section of this plan, the data and analysis is an effort to provide a snapshot of future transportation issues and trends which will impact the study area. The Master Plan should establish a vision for transportation and make recommendations for meeting the identified needs. These needs will be met in the second section of the plan, with the development of projects and Implementation Plan. END PRODUCTS: . Public Involvement Technical Memorandum · Assessment of Existing and Future Conditions Technical Memorandum . Proj ect Bank . Implementation Plan . Executive Summary PROJECT MANAGER: TBD by MPO PARTICIPATING AGENCIES, CITIES: · Aventura, Sunny Isles Beach, Bal Harbor, Bay Harbor, Surfside, North Bay Village, Miami Beach, Metropolitan Planning Organization, Miami-Dade Transit, Florida Department of Transportation-District Six, South Florida Regional Planning Council, Florida Department of Community Affairs. WORK SCHEDULE: · The technical aspects of this project shall take no longer than nine (9) months FUNDING: . $275,000 divided as follows o $150,000 Municipal Grant Program o $125,000 from joint municipalities on a pro-rata share based on population APPLICATION DUE DATE: . March 5, 2005 F:\WORK\$TRA\AMELIA\TRANS\Coastal Comm MOP Application,doc CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: April 22, 2005 TO: City Commission SUBJECT: Ordinance Providing for the Imposition of a Moratorium 1st Reading May 3,2005 City Commission Meeting Agenda Item l 2nd Reading June 7, 2005 City Commission Meeting Agenda Item Attached is the proposed Ordinance providing for the imposition of a Moratorium on the issuance of development orders and permits within the City on property east of Biscayne Blvd. within any residential and commercial zoning district. The Ordinance is based on parameters and recommendations discussed at the April 21, 2005 Commission Meeting Workshop. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01344-05 ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA (THE "CITY"), PROVIDING FOR IMPOSITION OF A MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY LOCATED EAST OF BISCAYNE BOULEVARD WITHIN ANY RESIDENTIAL OR COMMERCIAL ZONING DISTRICTS OF THE CITY; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES, APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is presently working through its consultants and staff on the study and preparation of an Evaluation and Appraisal Report (the "EAR") for the City's Comprehensive Plan which, upon implementation, when coupled with any necessary amendments to the City's Comprehensive Plan and Land Development Regulations ("LDR's"), shall serve to further guide land use and development, so that the public health, welfare and safety is protected and the aesthetic and visual qualities of the City are further enhanced and are protected from impairment; and WHEREAS, the City has previously identified the following major issues that will be addressed during the EAR process: . Development and Redevelopment . Housing . Emergency Management . Transportation . Intergovernmental Coordination . Quality of Life; and WHEREAS, during the moratorium provided for in this Ordinance, the City shall focus on Ordinance No. 2005 Page 2 the study and formulation of remedial measures related to the following areas which need to be addressed during the EAR process: 1. Traffic concurrency; 2. The Town Center land use designation; 3. Redevelopment guidelines; 4. Building height; 5. Emergency management; and WHEREAS, an important element of the City's growth management strategy concerns the necessity to be prepared to handle the substantial likelihood of an emerging trend for extensive redevelopment activities arising within the City; and WHEREAS, the City Commission desires to insure that during the pendency of the necessary study activity, presently underway, for the formulation and implementation of the EAR and the remedial measures referenced herein, that additional development orders and development permits are not issued in the City for any development within the scope of the moratorium which is described herein, so that once the EAR and any resulting Comprehensive Plan amendments, and LDR amendments (collectively, the "Growth Management Regulations") are prepared and implemented, such Growth Management Regulations will be fully effective in accomplishing the City's lawful purposes; and WHEREAS, in accordance with Section 31-31 of the City Code of the City, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has reviewed the moratorium regulations set forth in this Ordinance and has determined that such moratorium regulations are consistent with the 2 Ordinance No. 2005 Page 3 applicable provisions of the Comprehensive Plan of the City; and WHEREAS, in enacting the moratorium regulations provided for herein, the City Commission has been guided by the advice of the City Attorney and City Manager as set forth in the City Attorney's Memorandum of April 8, 2005 entitled "Potential Moratorium". NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adonted. That each of the above stated recitals tS hereby adopted and confirmed. Section 2. Moratorium Imposed: Applicability A. That during the time that this Ordinance is in effect, as specified in Section 7 below, there shall be a moratorium upon the issuance of Development Orders and Development Permits, as those terms are defined in Section 163.3164, Fla.Stat. (collectively "Development Orders") concerning development on any property in the City which is located east of Biscayne Boulevard in any areas of that portion of the City which are presently zoned residential or commercial. For purposes of this Ordinance, the term "zoned residential", as used herein, includes all of those residential zoning districts which are listed in Section 31-143 of the City Code. For purposes of this Ordinance, the term "zoned commercial", as used herein, includes all of those zoning districts which are listed in Section 31-144 and Section 31-145 of the City Code. B. That notwithstanding anything to the contrary above, this moratorium shall not apply to: 1. any public purpose project which is required by any government entity; and 2. any office buildings of a height which does not exceed ten (10) stories; and 3. any development for which a building permit or any required site plan approval 3 Ordinance No. 2005 Page 4 has been issued prior to the imposition of this moratorium; and 4. any development which is protected from a change in municipal ordinances to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements which have been previously entered into; and 5. the construction, renovation or improvement of (i) individual single family homes; or (ii) retail or office space within the confines of existing buildings; or (iii) non-occupiable structures, including signs, cable television or telecommunication facilities; and 6. work for the decoration of the exterior of an eXlstmg structure or for the improvement of the interior of existing dwelling units; and 7. improvements authorized by administratively approved amendments to site plans referenced in paragraph (3) above, so long as said improvements do not increase the intensity or density of development or adversely impact traffic conditions; and 8. community facilities listed in Sec. 3l-l47(a)(I) of the City Code which constitute a permitted or conditional use in the proposed location. Section 3. Waivers. That the City Commission, after a public hearing held pursuant to City Code Section 31-71 and 34-31, et. seq., may grant a waiver to the moratorium provided above and authorize the issuance of Development Orders for a specific building, where the City Commission determines that based upon substantial competent evidence, the specific use or activity requested by the waiver application will not detrimentally affect the preparation and implementation of the Growth Management Regulations, will be compatible with surrounding land uses, and will not impair the public health, safety or welfare. Section 4. Vested Ril!hts. (A) That nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: (1) A governmental act of development approval was obtained prior to the 4 Ordinance No. 2005 Page 5 effective date of this Ordinance; and (2) Upon which the property owner has detrimentally relied, in good faith, by making such a substantial change in position or incurring such extensive obligations and expenses; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. (B) That, except as provided by paragraph (C) below, any property owner claiming to have vested rights under this Section 4 must file an application with the City Commission for a vested rights determination within 30 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the City Manager and other documentary evidence supporting the claim. The City Commission shall hold a public hearing on the application pursuant to City Code Section 31-71 and City Code Section 34-31, et. seq., and based upon the evidence submitted shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the moratorium shall not be applied. (C) That any property owner claiming vested rights under this Section 4 by virtue of a Vested Rights Determination Agreement with the City which was issued pursuant to City Code Section 3l-3(b), shall not be subject to this moratorium and shall be authorized to apply for Development Orders in accordance with the Vested Rights Determination Agreement, by filing a copy of the Vested Rights Determination Agreement with the City Manager, accompanied by a letter which references this paragraph (C), within thirty (30) days after the effective date of this Ordinance. 5 Ordinance No. 2005 Page 6 Section S. Appeals. That appeals from final decisions by the Commission under Section 3 or Section 4 of this Ordinance shall be by the filing of a Petition for Certiorari in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of municipal agencies. Section 6. Exhaustion of Administrative Remedies. That no property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 7. Term. That the moratorium imposed by this Ordinance is temporary and shall be effective for a period of one hundred eighty (180) days from adoption hereof, unless dissolved earlier by the City Commission. Further, the moratorium shall automatically dissolve upon the adoption of the Growth Management Regulations, the formulation and adoption of which shall be expeditiously pursued. The duration of the moratorium may be reasonably extended, if necessary, for up to an additional sixty (60) day period by Resolution of the City Commission. Section 8. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. 6 Ordinance No. 2005 Page 7 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 Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach 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 Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 3rd day of May, 2005. 7 Ordinance No. 2005 Page 8 PASSED AND ADOPTED on second reading this ih day ofJune, 2005. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 8 Weiss Serota. Helfman Pastoriza j;:;~::">: .......... ..: -', Guedes Cole & Boniske, P.A. Metno To; Mayor and Commissioners From: David M. Wolpin Date: April 8, 2005 Re: Potential Moratorium I. Introduction The City Commission has requested that we research and prepare a legal opinion on the feasibility of enacting, via ordinance, a temporary moratorium upon the issuance of development orders and development permits within the City. Accordingly, the purpose of this Memorandum is to examine the feasibility of imposing a moratorium and to discuss the applicable legal issues so that the City Commission may determine whether or not to request that we prepare a proposed moratorium ordinance for consideration by the City Commission. II. Back2round of Moratorium Concent Recently, the United States Supreme Court endorsed the use of temporary moratoria as a growth management tool of local government. In Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency. 535 U.S. 302, 122 S. Ct. 1465, 152 L.Ed 2d 517 (2002), the United States Supreme Court found that a temporary moratorium imposed by a regional planning agency to maintain the status quo while studying the impact of development on Lake Tahoe and formulating a strategy for assuring environmentally sound growth, was not itself a taking of private property rights. Although moratoria have been used as a tool of growth management by local governments for many years, there was a substantial time period during which several attempted moratoria in Florida were stricken down by the Courts for defects in procedure or process. See City of Sanibel v. Buntrock, 409 So.2d 1073 (Fla 2d DCA 1981), review denied, 417 So.2d 328; City of Gainesville v. GNV Investments, 413 So.2d 770 (Fla 1st DCA 1982); Franklin County v. Leisure Properties, Ltd, 430 So.2d 475 (Fla. 1st DCA 1983), review denied, 440 So.2d 352 (Fla 1983). An example of a recent Florida appellate court opinion in which a local govenunent moratorium was upheld is the case of WCI Communities, Inc. v. City of Coral Springs, 885 So.2d 912 (4th DCA 2004), in which the Court upheld a nine month moratorium during which the City studied and adopted new multi-family zoning regulations governing setbacks, building shape, parking, sidewalks and landscaping. However, even before the Lake Tahoe or Coral Springs cases, many courts throughout the nation had upheld temporary moratorium ordinances.] Prior to the Lake Tahoe case, the landmark case which had been frequently cited as setting forth the prerequisites to the valid exercise of the moratorium power, is the case of Almquist v. Town 1/ More importantly, the City of Avenlura has a history of successfully imposing moratorium ordinances for appropriate durations and purposes and has done so on three (3) occasions, including Ordinance No. 96-12 (providing for initial six month moratorium on billboards pending completion of the City's billboard regulations); Ordinance No. 97-22 (providing for initial six month moratorium in marina area and hospital area pending completion of the City's first Comprehensive Plan) and Ordinance No. 98-20 (providing six month initial moratorium on residential buildings over a specified height). 2 of Marshan, 245 N.W.2d 819 (Minn. 1976). In a scholarly opinion upholding a moratorium, the Minnesota Supreme Court in Almquist identified the five prerequisites to valid moratoria, including: 1. The moratorium ordinance must be adopted in good faith; 2. The moratorium ordinance must not be discriminatory; 3. The moratorium ordinance must be oflimited duration; 4. The moratorium ordinance must be appropriate to the development of a comprehensive zoning plan; and 5. The city council must act promptly to adopt the plan. See Paul R. Gougelman, Moratoria and Interim Growth Management, Florida Environmental and Land Use Law, Section 5 (January, 1994).2 The Courts recognize that the purpose of a moratorium is to enable a local govenunent to maintain the status quo while regulations are being developed and implemented to address and remedy a problem which poses a threat to the public health, safety and welfare. The justification for creating a moratorium is to assure the effectiveness of new regulations which are to be developed. The legal concept is that ifuses which are contrary to new regulations are allowed to be commenced during the period in which such new regulations are actively developed and implemented, the purpose of the new regulations may be defeated. In short, lawful moratoriums are intended to 2/ In Almquist, the town of Marsh an, an agricultural community, imposed a six month development moratorium when faced with several proposals for the widespread conversion of farm acreage into single family development. Faced with the specter of a drastic change in the nature of the community, and the inability of the community to provide infrastructure and services which would be demanded by a conversion from the low impact agricultural use to the high impact and demand of extensive residential development, which would change the very nature of the rural community, the town of Marsh an implemented a six month moratorium on development pending the adoption of a comprehensive zoning plan. 3 address and prevent the problem of "locking the stable after the horse is stolen". See Downham v. City Council of Alexandria, 58 F.2d 784,788 (E.D.Wa.l932). Once a significant problem is identified and a study of the remedy for the problem is in progress, there is ample justification for a moratorium as being necessary to preserve the status quo. One of the key requirements for adoption of a moratorium is that there be an identification of an existing problem which is within the authority of local government to solve or attempt to solve and of the necessity and means to develop remedial measures to address such problem. As noted in "Moratoria and Interim Growth Management": Before drafting a moratorium ordinance, the practitioner should determine exactly what the City or County is trying to accomplish. A simple reaction to the problem is to institute a moratorium on the issuance of building pennits. A better approach is to examine what the City or County is trying to encourage, discourage, and achieve and to detennine precisely what type of moratorium is needed. (Page 5-4). It is further observed that: A proper relationship between a moratorium and a growth management problem can exist if the moratorium is put into effect to study the growth management problem and a good faith effort is made to find solutions and enact remedial ordinances. Virtually every case of a development pennit moratorium involves a local government enacting a moratorium to stop conditions from getting 4 out of control while a study committee exammes a growth management problem and proposes remedial ordinances. (page 5- 23). llL Study Is Underway It must be recognized that a moratorium is simply a means for maintaining the status quo while problems are studied and remedial measures are developed and implemented. A moratorium is not an end result It is simply a planning tool intended to serve as a means to facilitate the achieving of a desired end result. Presently, within the City, a growth management study is already underway in the form of the presently in progress evaluation and appraisal report ("EAR") work for the update of the City's Comprehensive Plan in accordance with Chapter 163, Florida Statutes. It is expected that the EAR will be completed by December, 2005, pursuant to the City's contract with the City's planning consultants. A key component of the EAR is to study existing and anticipated growth management problems and to help develop remedial amendments to the Comprehensive Plan and to the Land Development Regulations. The City has previously identified the following major issues that will be addressed during the EAR process: . Development and Redevelopment . Housing . Emergency Management . Transportation . Intergovernmental Coordination . Quality of Life 5 IV. ProDosed Moratorium Parameters It is our opinion that if the Commission decides to do so as a matter of discretionary legislative policy, it is feasible to impose a moratorium in order to enable the Commission to study the pertinent issues and to detennine whether to enact additional growth management regulations. If the City Commission determines that it is necessary to institute a moratorium, after consulting with the City Manager it is recommended that the moratorium be focused upon the study and formulation of remedial measures related to the following areas which need to be addressed during the EAR process: (1) Traffic Concurrency; (2) The Town Center land use designation; (3) Redevelopment Guidelines; (4) Building Height; and (5) Emergency Management. In addition, the moratorium should be confmed to development on any property located east of Biscayne Boulevard in all areas which are zoned residential or zoned commercial. The moratorium may be imposed for an initial term of six (6) months in order to enable substantial completion of the major work of the EAR and the formulation of remedial measures. Further, staff also recommends that the moratorium should Dot apply to: 1. any public purpose project which is required by any government entity; and 2. any office buildings of a height which does not exceed ten (10) stories; and 6 3. any development for which a building permit or any required site plan approval has been issued prior to the imposition of this moratorium;3 and 4. any development which is protected from a change in municipal ordinances to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements which have been previously entered into; and 5. the construction, renovation or improvement of (i) individual single family homes; or (ii) retail or office space within the confines of existing buildings; or (iii) non-occupiable structures, including signs, cable television or telecommunication facilities; and 6. work for the decoration of the exterior of an eXlstmg structure or for the improvement of the interior of existing dwelling units; and 7. improvements authorized by administratively approved amendments to site plans referenced in paragraph (3) above, so long as said improvements do not increase the intensity or density of development or adversely impact traffic conditions; and 8. community facilities listed in Sec. 3l-l47(a)(l) of the City Code which constitute a permitted or conditional use in the proposed location. Accordingly, after research of the pertinent legal issues, it is our opinion that it is feasible to declare and impose a moratorium upon the issuance of development orders and development permits based on the parameters which are described above. V. Status of Development within the City In determining the feasibility and scope of a potential moratorium, we are mindful of the development status of the City. The City is presently almost essentially developed. Accordingly, any moratorium must be tailored to achieve growth management goals which are feasible. Much of the remaining undeveloped portions of the City have previously been granted approvals by Miami- 3; Imposition of a moratorium upon development which has already received building permits or any required site plan approval may render the moratorium vulnerable to judicial challenge. 7 Dade County, prior to the creation of the City in 1995. Accordingly, pursuant to the Land Development Regulations (the "LDRs") of the City, those undeveloped parcels that obtained vested rights from the County and complied with the vested rights application requirements of the LDRs are protected by Vested Rights Agreements which have been issued pursuant to City Code Section 3l-3(b).4 The presently remaining undeveloped parcels within the City which are governed by Vested Rights Agreements under City Code Section 3l-3(b) include: !. Turnberry U Site at Yacht Club Way and East Country Club Drive; 2. Phase II of The Peninsula on NE 183 Street; 3. The 4100 site on Williams Island. While the use and development of private property is generally subject to compliance with the body of government regulations, as those regulations change from time to time, the Courts have long recognized an exception to the strict application of changed laws, under the doctrine of equitable estoppel or vested rights. The doctrine of vested rights operates to limit a local government's exercise of its zoning powers and inununizes a development from subsequently enacted zoning laws, when applicable. In order for this legal doctrine to apply and for vested rights to be established, a property owner must demonstrate that: a. relying in good faith; b. upon some act or omission of the local govemment; c. the property owner has made such a substantial change in position or incurred such extensive obligations and expenses that it would be highly inequitable and 4/ The City has successfully used these vested rights agreements as a means of narrowing down or limiting those vested rights which developers previously had obtained from Miami- Dade County prior to the creation of the City. 8 manifestly Wljust to permit the govenunent to destroy the rights of the property owner by applying a subsequent regulation. See, Town of Largo v. Imperial Homes Corporation, 309 So.2d 571 (Fla. 2d DCA 1975); Monroe County v. Ambrose, 866 So.2d 707 (Fla 3d DCA 2004). When equitable estoppel applies, rights are treated as vested and protected. City Code Section 31-3(b)(2) is specifically fOWlded upon this equitable estoppel- vested rights concept. VI. Other Essential Inl!l'edients of Moratorium Ordinance Any moratorium ordinance should contain two provisions which are essential to assuring that the ordinance does not operate in an unlawful manner. Those two provisions are: I. a vested rights provision; and 2. a waiver provision. The purpose of a vested rights provision is to make sure that a proposed moratorium does not unlawfully cut off or impair vested rights or rights protected by equitable estoppel. The destruction of vested rights may subject the municipality to monetary liability Wlder Florida law as well as Wlder federal law. The purpose of a waiver provision is to assure that, during the course of any moratorium, waivers for development permits may be given, subject to appropriate procedures, for those projects which are not inconsistent with the proposed regulations to be developed. In short, if a proposed use is not inconsistent with the regulations which are being developed or does not create the type of problem which the proposed regulations are intended to address, then there is no valid reason to subject such property to a moratorium. A waiver enables a harmless project to proceed. A waiver provision is created in recognition that the imposition of a moratorium which is done with a net so 9 broad that it captures items which do not pose the risk intended to be addressed by the new regulations, may be challenged as an unlawful moratorium which does not serve the public health, safety or welfare. Each of the three prior moratoria ordinances of the City had both a vested rights provision and a waiver provision. Inclusion of such provisions helps to avoid the judicial invalidation of the moratorium. VIL Other Issues. A. In preparing this Memorandum, we have examined whether the imposition of a moratorium would serve to enable an effective rate of growth ordinance approach (the "ROGO") to be adopted as a lawful means of delaying the implementation of development which is protected by vested rights. ROGO ordinances attempt to set an annual cap on the quantity of new square footage of development. Our law firm has been involved in the implementation of ROGO for certain municipalities in Monroe County. However, those areas in Monroe County are subject to unique statutory provisions as an area of critical state concern under Sec. 380.0552, F.S., and to special Florida Department of Community Affairs (the "DCA") oversight arising from Comprehensive Plan review proceedings related to hurricane evacuation issues. Sec. 380.0552, F.S., is predicated on the unique environmental status of the Florida Keys. That specific statutory authorization and the special State DCA oversight is not applicable to the developed urban environment of Miami-Dade County of which the City is a vibrant part. Further, the Monroe County ROGO program respects vested rights. See, Ambrose, supra. Although ROGO does not serve as an absolute formula for curtailing or delaying vested rights, its potential utilization as a component of remedial measures may be further studied. 10 B. Additionally, we have examined whether the 1995 enactment by the Florida legislature of the Private Property Rights Protection Act (the "Bert Harris Act") creates any impediment to any proposed moratorium. The Bert Harris Act protects private property from an interference which is short of a "taking" but constitutes an "inordinate burden". In an article published in the Florida Bar Journal, shortly after creation of the Bert Harris Act, Jane Hayman, then serving as Deputy General Counsel for the Florida League of Cities, astutely cautioned that: Cities and counties in Florida must take a second look at how they regulate and impact land. Some local governments will engage in extensive fiscal impact analysis prior to promulgating any new land development regulations to avoid litigation under the Harris Act. Other local governments will make adjustments to the impact of newly promulgated regulations as claims are filed by land owners. And other local governments may simply refuse to make land use changes or may litigate. It is also expected Ch. 95-181 will increase public confusion concerning preservation of private property rights, require cities and counties to adjust existing local zoning and development approval and appeal processes, and incur additional administrative expense, promote costly litigation, and further encumber our already overburdened system. See 70 Fla. Bar J. (January, 1996). Those early warnings have proven to generally be correct and the Bert Harris Act has impacted certain municipal decisions. See, Royal World Metropolitan, Inc. v. City of Miami Beach, 863 II So.2d 320 (Fla.3d DCA 2004); rev. denied (Fla. Feb. 08,2005) (holding that sovereign immunity does not bar a Bert Harris Act claim). However, the Bert Harris Act defmes an "inordinate burden" as one that is permanent and not merely a temporary impact. A moratoriwn, by its very nature, is a temporary measure. In assessing the feasibility and scope of any potential moratoriwn, we have been guided by the recognition that any moratoriwn must be confined to serving a purpose which is within the scope of the City's authority and serves to facilitate the remediation of a growth management problem, while respecting private property rights. Accordingly, any impact of the Bert Harris Act would be further examined at the time that any new permanent growth management regulations are formulated. VIIL Conclusion Accordingly, for the reasons indicated above, if the City Commission decides to request us to prepare a proposed moratoriwn ordinance for consideration by the City Commission, we would recommend that the moratoriwn ordinance be confined to enabling the study and development of growth management regulations pertaining to the items enwnerated in Section IV above, as part of the pending EAR process, and that the moratoriwn shall contain the waiver and vested rights protection provisions. Please advise us if there are any questions on this matter. Cc: Eric M. Soroka, City Manager Joanne Carr, Planning Director Nancy Stroud, Esq. F:1328.001IMemoslClean Potential Moratonum 3.30.05 12 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: City Commission Ee" M. Soeo',. ICMA.cMtf? April 8, 2005 TO: FROM: SUBJECT: Pending Development Summary In order to assist the City Cornmission in their deliberations regarding the potential moratorium, the attached document outlines a summary of pending developments. The list does not include projects that have obtained a building permit. The summary categories projects are as follows: 1. Projects with Site Plan Approval and Vested Rights Agreement. 2. Projects with Vested Rights Agreements. 3. Projects with Development Agreements. 4. Projects with Site Plan Approval. 5. Application filed with the City without Site Plan Approval. 6. Vacant land, no application on file. 7. Potential redevelopment sites whereby owners have made inquiries with the City. A review of the surnmary will be presented at the April 21, 2005 Workshop Meeting. If you have any questions, please feel free to contact me. EMS/act Attachrnent cc: David Wolpin, Esq., City Attomey Joanne Carr, Planning Director CC01337-05 CITY OF A VENTURA Pending Development Summary PROJECTS WITH SITE PLAN APPROVAL AND VESTED RIGHTS AGREEMENTS 1. Minto Communities Condominiums (Williams Island) RMF4 Zoning District 4100 Island Blvd 2. Peninsula Condominiums Phase 2 RMF4 Zoning District 3251 NE 183 Street 3. Villa Flora Town Homes (Williams Island) RMF4 Zoning District 1500 Island Blvd PROJECTS WITH VESTED RIGHTS AGREEMENTS 1. Turnberry Village Shops RMF4 Zoning District East Country Club and Yacht Club Way 2. Two Islands RS2 Williams Island PROJECTS WITH DEVELOPMENT AGREEMENTS 1 Aventura Landings RMF4 Zoning District NE 28 Court and Miami Gardens Drive PROJECTS WITH SITE PLAN APPROVAL 1. Hochstein and Kane Medical Office Building MO Zoning District 21420 Biscayne Blvd. 2. Aventura Business Center OP Zoning District NE 30 Avenue between NE 209 Street and NE 210 Street 3. Aventura Corporate Center Phase 3 OP Zoning District NE 30 Avenue between Waterways Blvd and NE 209 Street 1 4. 3030 at Aventura 3030 NE 188 Street 5. Uptown Express "Artech Residences" RMF3A & B Zoning Districts 3020 NE 188 Street 6. The Atrium at Aventura RMF38 Zoning District 3131 NE 188 Street 7. Embassy Suites 82 Zoning District 18651 Biscayne Blvd 8. Aventura Medical Arts Building MO Zoning District Biscayne Blvd and NE 211 Street APPLICATIONS ON FILE WITHOUT SITE PLAN APPROVAL 1. Aventura Professional Tower (Embassy Suites Revision) B2 Zoning District 18651 Biscayne Blvd. 2. Lincoln Pointe Redevelopment RMF4 Zoning District 17900 NE 31 Court 3. Aventura Corporate Center Phase 4 OP Zoning District 20808 Biscayne Blvd 4. Tauber School Expansion (Community Facilties) 82 Zoning District 20400 NE 30 Avenue 5. The Bay Club Redevelopment (The Pare Central Aventura Tower III) RMF4 Zoning District 3300 NE 191 Street and 192 Street 6. Isla Del Sol (Canal behind Berlin Park) CNS District 3560 NE 207 Street 2 VACANT LAND NO APPLICATION ON FILE 1. Six Acre Site at end of 188th Street OP Zoning District 3250 NE 188 Street 2. Various vacant lots in the Medical Office District MO District 3. Gulfstream B2 and MO Zoning Districts Biscayne Blvd and NE 213 Street 4. Turnberry Parcel at the Mall B2 Zoning Biscayne Blvd and Aventura Blvd 5. Turnberry Parcels on Biscayne B2 Zoning Biscayne Blvd and NE 203 Street 6. Vacant land on Waterways Blvd B2 Zoning Waterways Blvd and NE 30 Avenue POTENTIAL REDEVELOPMENT SITES WHEREBY OWNERS HAVE MADE INQUIRES WITH CITY 1. Suntrust Bank B2 Zoning District Aventura Blvd and W. Country Club Dr. 2. The Waterways Shops B2 Zoning District 3565 NE 207 Street 3. Hi Lift Marina TC2 Zoning District 2890 NE 187 Street 4. Coscan Sales Center RMF4 Zoning District 3750 Yacht Club Drive 3 CITY OF AVENTURA ~:t$....~ ~ ~7 SPIt> OFFICE OF THE CITY MANAGER MEMORANDUM DATE: City Commission . ~~ ! Eric M. Soroka, ICMA-CMr~y {anag !r May 3, 2005 TO: FROM: SUBJECT: Emergency Services Response This memorandum is intended to respond to the request of members of the City Commission to address the Police and Fire Service response times and access to the Williams Island area. BACKGROUND The City of Aventura's Land Development Regulations require that before a site plan for any development is approved, emergency access issues must be reviewed by the City Police Department and the County Fire Rescue Department (MDFR). Both agencies are required to review and approve the site plan. It should be understood that the City Charter requires the City to utilize the Miami-Dade County Fire Rescue Department to provide fire and rescue services to the City. The City Commission and Administration has always taken the provision of emergency services to our residents very seriously. It has been a priority to ensure the safety of our residents and provide the best emergency services available. As the City has grown, every effort has been made to make the necessary adjustments to respond to the growth in terms of emergency services. This can be witnessed by the following facts: 1. The number of sworn police officers and police service aides has increased over the years to reflect the increase in population. For example, the number of sworn officers has increased from 49 in 1997 to 76 in 2005. As part of the preparation of the upcoming budget, it will include additional police and traffic personnel to respond to increases in population and traffic. The City currently enjoys one of the lowest crime rates. Despite the growth in population and development, the City's crime rate has decreased over the past five years. 2. The City is currently served by two fire stations. Based on the urging of the City, in 1999 the Miami-Dade County Fire Rescue Department added the second Rescue Unit Station No. 33 located at Point East to respond to increase demands. 3. In 2001, the police department began operating on its own 800 MHz Radio system. Information is now dispatched directly to the patrol car from the Aventura dispatch center. 4. Messaging - All police cars are equipped with laptop computers and GPS systems. All on-duty patrol cars can be sent information simultaneously and the closest unit can respond to a call. 5. Roadway signals - The Traffic Unit and City work with Miami-Dade Public Works Signs and Signals to improve traffic flow throughout Aventura. They prepare traffic engineering studies, recommend roadway improvements and suggest traffic light synchronization times. 6. Roadway improvements - Major roadways have been redesigned to comply with safety standards which include guardrails, medians, wide lanes and drainage. Both roadways into Williams Island have been improved. Williams Island Emergency Response Plan There has been concern expressed about the ability of emergency vehicles to respond to calls in the Williams Island neighborhood. The Aventura Police Department and the Miami-Dade Fire Department work in conjunction to provide emergency responses to Williams Island. There are two main roadways that provide access to Williams Island: Route A and Route B (See diagram I attached). Route A is NE 183rd Street (Williams Island Blvd) which can be accessed from Biscayne Blvd, Jack Smith Road or NE 31 Avenue. Route B is NE 31 Avenue with access via NE 18th Street to NE 28th Court, to 185th Street. Police dispatchers coordinate information from witnesses, Police Officers and Fire- Rescue personnel and advise via radio, laptop or telephone any special travel conditions. When any of the following conditions exist, emergency personnel respond accordingly. 1. Obstructions If there are no roadway obstructions, emergency vehicles will take the most expeditious route to Williams Island. If Route A should become obstructed from an accident or other obstruction, emergency vehicles will be directed into Williams Island from Route B. 2 If Route B should become obstructed, emergency vehicles will be directed into Williams Island from Route A. 2. Accidents There is a small portion of NE 183rd Street where there is only one lane eastbound and one lane westbound. This area is just east of the tree canopy and runs alongside Little Maule Lake. Should an accident occur at this location vehicles would not be able to pass. If the accident is in the eastbound lane, emergency vehicles will respond either by using the westbound lanes or using Route B. Traffic exiting Williams Island will be directed to use Route B. If the accident is in the westbound lane, emergency vehicles will respond using Route A. Again, traffic exiting Williams Island will be directed to use Route B. (See attached diagram 11.) 3. Evacuations In the event that Williams Island must be evacuated, the plan will be to direct vehicles to use both Route A and Route B. If the roadways cannot handle the volume of traffic exiting the island, all four lanes of Route B will be opened for vehicles to exit. Should conditions warrant, all traffic lanes on both routes can be opened for outbound traffic only (See attached diagram III) Miami-Dade County Fire Rescue Response Time I contacted Pedro Bas, who is the Division Chief for the Miami Dade County Fire Rescue for the Northeast Dade area. He was very familiar with the Aventura area and the William Island area due to fact the fact that he served on the fire rescue vehicles in the City for numerous years. I asked him to provide an analysis of the response time in the City and to the Williams Island area. Response times for Fire Rescue calls are determined in two ways. One, the time involved from the 911 call into dispatch to first arrival of a unit. The second study is the time involved from traveling from the fire station to the arrival of the first unit. Although data for the first study was reviewed it includes the dispatch process which can account for up to two minutes or more in the response time. The county average in this regard, is about 8-9 minutes. The City average response time is about 6-8 minutes. This average is the same for the William Island area. The second study reviewed travel time averages. This study area was more meaningful because it addressed the traffic impact on response time. The MDFR provided the following chart which breaks down calls over a five year period. The travel time for life threatening emergencies in the City has not increased significantly in the five year period and is below the County average. The travel time to structure fires in the City has actually been lowered by one minute during the five year period. According to MDFR, the City average data is the same for the Williams Island 3 area. The Division Chief has advised the response times in Aventura are among the best in the County. MDFR Service Provided to the Municipality of AVENTURA (FY 1999 through 2003) Number or Alarms 1999 2lKlO 2001 2002 2003 I Alann RecorcI Count Aventum ~ 3835 ~ 3975 41 Alann RecorcI count ute reateni E es z14~ 2077 2 Alann RecorcI Count Noo-Ufi! ThrealenmgEm 1093 lQ95 1255 1216 1 Alann Recon I UlllIlt umer Fi.... 48 41 03 29 Alann RecorcI~ other MisceIaneous 441 S34 501 643 9Z1 Alann RecorcI Count Structure Fires 2 16 24 10 E Travel Tune Averaaes 1W9 2000 2001 2002 2003 :Tlm~nUles and seconds 1st 0' to 1st AnV Dt AVb 5.u 4.54 5.U2 5.11 5ol1 1st DlsDDt to 1st AnV Dr AVG Ufi! ThreatenilVl E 5.04 4.38 4~ 4.~ 5.1 1st OIsD Dt to 1st AnV Dr A VG Non-Ufi! Threarenina 5.58 5.19 5. 5.32 5.4 1st OIsD Dt to 1st AnV Dt AVG other Fire 4.56 4.22 4.55 4.08 5.1 1st OIsD Dt to 1st AnV Ot AVG other Miscelaneous 5.23 5.12 5.21 S.27 5.0 1st OIsDDt to 1st AnV Ot A VG SlructureFires 4.50 4.31 5.43 4.52 3.53 Companson Deoartment and the Municipality of Aventura Travelllme Averaoes ffime in Minutes and Semnds) 1999 2000 ~ 2001 2oo2~ 2003 1= Ufi! Threatenina E es 5. 5. S.lS 5. 5.55 tructure Fires 4.7 4. 8 4.Z. 4.8 4.31 Avenluril Ufi! Threatening Em es 5. 4.381 4.47 4.54 S.lE IAvenluril Structure tires 4.50 4.~U 5.4 4.5 ~.S;; MDFR continues to implement new systems including Computer Aided Dispatch (CAD) in order to improve response times Aventura Police Department Response Times The police department researched response times to emergency calls for service to determine if service levels have changed over the past five years. For the Williams Island area, response times have improved or remained the same. The chart below shows the number of emergency calls for service, by year, and the length of time it took for police officers to arrive. Williams Island Response Times to Emergency Calls for Service 1sr Quarter Year to Year <2 2 3 4 5 >5 Minutes Minutes Minutes Minutes Minutes Minutes 2001 6 3 3 4 1 2 2002 4 1 0 0 0 1 2003 9 1 2 2 0 3 2004 11 2 4 0 1 0 2005 12 3 3 4 1 1 4 In order to keep response times at an acceptable level based on the future growth of the City, a number of improvements are in the process of being implemented. . Traffic Video Monitoring System - The City has been working with FOOT on a joint project to install a traffic video monitoring system along Biscayne Blvd. The first phase of the project will place video cameras at the intersection of Biscayne Blvd and Miami Gardens Drive. There will be three cameras at this location and they will be capable of monitoring Miami Gardens Drive, Williams Island Road, Jack Smith Blvd and sites along Biscayne Blvd. A live camera feed of this area will be posted on the FOOT website. . Miami Gardens Drive extension - The City is coordinating a project with developers and Miami-Dade County to build a roadway extension to Miami Gardens Drive. The new roadway will extend east of Biscayne Blvd. into NE 185th Street and provide a new roadway into Williams Island. . Additional law enforcement personnel - The upcoming City budget will include additional police officers and public service aides positions in October to deal with traffic related matters. If you have any questions, please feel free to contact me. EMS/act CC01346-05 5 t/) Q) 0::: ~ c: Q) O! ...... Q) E w "0 c: CG' .!!! t/) E ~ n ~ \, ! " .. !:. " " ! ~ l i " \ ! \ ~I \ 1 irlnr'\\ \ ',':: ',':~~',:."::'.:'..::' f.l i I ~ \ . . '..~..<.:';.\.:,~.r:";.l.:~;;. ... I I \ ~.~ ..~'.l . ", of. '." ~ ,,,; :::;':I'A',:,..,\)'>~~:;,Ll;.;,:i I ~ 5 '",'.'" ...~ ..'.. ~ I ~.....::.., ~ ..1...... '.....~..:: ~. 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Hail May 2, 2005 Mr. Eric Soroka City Manager City of Aventura 19200 West country Club Drive Aventura, FL 33180 Re: City of Aventura/Proposed Moratorium Dear City Manager Soroka: This correspondence is intended to respond to the City of Aventura's request for a legal opinion regarding the propriety of a proposed temporary moratorium upon the issuance of development orders and development permits within the City. Specifically, this firm was asked to provide the City with an analysis which would supplement a memorandum provided to the City by its counsel, David Wolpin, on April 8, 2005. In connection with this request, our firm was provided with a copy of Mr. Wolpin's memorandum as well as copies of certain Vested Rights Determination Agreement(s) previously entered into by the City and referenced in the memorandum. Having reviewed these materials, this firm would concur with the analysis set forth in the memorandum and conclude that, assuming that the basis of the moratorium is to await the study and formulation of measures which may be addressed during the ongoing "EAR process', the enactment of the moratorium would be proper. As noted in the memorandum, Florida courts have recently endorsed the use of a moratorium by a municipality while it undertook a "thorough analysis' of its Comprehensive Plan and addressed certain other infrastructure and concurrency issues. WCI Communities, Inc. v. City ot Coral Springs, 885 So. 2d 912 (Fla. 4th DCA 2004), The memorandum further identifies certain categories of proposed development to which the moratorium should not apply (i.e., which should be exempted from the moratorium). This firm would concur that the excepcion of these categories would best 46 S.W. ls1 Street, 31'<1 Floor, Miami, FL 33130 Ph: 305-361-6060 Fx: 305-391-9457 www.shublnbll....com nl1('-U~-C\)UO nVI'l U~> lt1 rll oJnUOIIl (X Dd,SSI r. n. r nf\ 11V. ';V.,J.,J\J 1 V., V I I I V..; protect the City from potential litigation arising out of any eventual enactment of the moratorium. Because the judicial resolution of these types of issues is particularly fact sensitive, it is always difficult to conclude that any category identified for exemption may not be overinc1usive and, therefore, may exempt certain properties which may not actually possess vested rights. Although such policy issues are squarely within the purview of the Commission in the exercise of its legislative powers, I would advise you that the risks of being overinclusive (and potentially thwarting alleged vested rights) are far greater than those presented by recognizing potential vested rights. I will be present at your future deliberations on this issue and will gladly make myself available to address any questions you might have regarding this correspondence on the underlying issues set forth herein. Sincerely, ~~~~ John K. Shubin For the firm Cc: Mayor Susan Gottlieb Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Bob Diamond Commissioner Billy Joel Commissioner Zev Auerbach Commissioner Luz Weinberg SHUBIN & BASS, p.A. :-Moratorium NOW! Petition Card - Sign and Return Today! I, the undersigned, petition the Mayor and City ComiTIission of the City of Aventura, Florida to adopt and place into immediate effect an unqualified TEMPORARY BUILDING MORATORIUM that restricts in whole, or in part, the constr~ction or rehabilitation of 'any building in the City of Aventura, including the issuance of any site plan approvals or building permits, until the Mayor and City Commission receive, review, and approve an Independent Expert's Assessment Report that discloses whether the City's infrastructure is capable of meeting the growing traffic and other demands of our rapid development and if not, to consider,modify, and process for adoption the implementation of regulations pertaining to aU zoning districts as well as to evaluate the extent of which those existing laws are effectively implementing the Comprehensive Plan. Annette Goldstein Name (please print) 20500 W Country Club Dr Apt 319 Address x~~ Signature (required) . . .' p~ Aventura FL 33180-1619 City, State. ZIP o r will attend the May 3rd City Commission meeting. " Please contact me with more details. ""~ . ~" ~2te contact me about volunteering for Moratorium NOW! E-t~~n;) L-(v" - 9 55' ~ Daytime phone (optional) '.;":-.;;~-:-::;:::::; u Annette Goldstein Apt 319 20500 W Country Club Dr Aventura FL 33180 GE. MAILE:9_ ~e~UIrr-daare"5S - BUSINESS REPLY MAIL FIRST CLASS MAIL PERMIT NO. 207 HIALEAH, FL POSTAGE WILL BE PAID BY ADDRESSEE MORATORIUM NOW! COMMITTEE C/O DODD PRINTERS INc 7550 W 2 COURT HIALEAH FL 33014-9907 1"11",11,1.1"".,11,1"11,1,,1,1,,11,,,1,,,1,1,,11 ,........~ - - "- --~'~'.I".- "-"'-.-'-'- ...-- CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C' DATE: March 28, 2005 SUBJECT: Ordinance Amending the Composition of the Community Services Advisory Board 1st Reading April 5, 2005 City Commission Meeting Agenda Item <6A 2nd Reading May 3, 2005 City Commission Meeting Agenda Item W RECOMMENDATION As discussed at the March Workshop Meeting, it is recommended that the size of the Community Services Advisory Board be reduced to seen (7) members. The current composition of the Board creates quorum issues and is too large a size or a board to operate. As requested, the Ordinance deletes the provision that prohibited the Chairman and the Vice Chairman from serving only one term. EMS/act CC01331-05 ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING DIVISION 2 "COMMUNITY SERVICES ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 ADMINISTRATION" OF THE CITY CODE BY REVISING SECTION 2-121 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2-122 "TERM OF OFFICE," AND SECTION 2-124 "RULES OF PROCEDURE"; TO REVISE PROVISIONS CONCERNING THE COMPOSITION, TERM OF OFFICE AND PROCEDURES OF THE BOARD; PROVIDING FOR SEVERABIITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission desires to alter the composition of the City of Aventura Community Services Advisory Board from thirteen (13) members to seven (7) members and to revise the rules of procedure, term of office, quorum and other provisions concerning the Board. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:! Section 1. Recitals Adopted. That the above stated recital is hereby adopted and confirmed. Section 2, Code Revised. That Division 2 "Community Services Advisory Board" of Article III "Advisory Boards" of Chapter 2 "Administration" of the City Code is hereby amended by revising the Sections comprising Division 2 to read, as follows: Sec, 2-121. Creation, composition and qualifications. (a) There is hereby created and established the City of Aventura Community Services Advisory Board (the "Board") consisting of H I members who shall be appointed by the Mayor, subject to the approval of the City 'I Proposed additions to existing City Code text are shown by underline; proposed deletions of existing City Code text are shown by "trile.through, Ordinance No. 2005- Page 2 Commission. Members of the Board shall be appointed in accordance with procedures established by the City Commission and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses, (b) Each member of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six-month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: (1) Expressed interest and/or expenence III landscape design and architecture, beautification projects, youth and/or senior citizen programs, recreation activities, culture and the arts, (2) Evidence of a commitment to serve and act in the best interests of the citizens of A ventura. (c) In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three consecutive meetings or in the event that a 2 Ordinance No. 2005- Page 3 member has three unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds of the remaining members of the Board. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and provide necessary staff support for the Board. Sec. 2-122, Term of office. Board Members selected BY Commissiollllomillatioll shall serve for a term of one year and may be re-appointed. Board MemBers selected BY the llflj3licatiElIl precess shall serve for a 1\'10 year term aIld may be re llflPoillted. See, 2-123. Advisory capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Commission and City Manager. Sec. 2-124. Rules of procedure, (a) The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman~ both oh..holll shall serve one term only. (c) Nffie Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the 3 Ordinance No. 2005- Page 4 concurring vote of a majority of the members present at an official meeting of the Board, except that at least 5e'refl four affirmative votes shall be required for official action. Sec. 2-125. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: (I) Stimulate greater public awareness and appreciation of the importance of beautification, recreation and cultural arts in the City. (2) Assist in the formulation of special events, recreation activities, semor, youth and cultural programs. (3) Provide recommendations on landscaping and beautification projects. (4) Promote the sponsorship of cultural arts and special events by community and civic organizations. (5) Encourage and facilitate opportunities for City residents to participate in various cultural events and activities. (6) Act as the City's tree board for the Tree City USA requirements. (7) Other matters assigned by the City Commission and City Manager. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it 4 Ordinance No. 2005-_ Page 5 being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4, Inclusion in the Code, That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date, That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Weinberg who moved its adoption on first reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond yes Commissioner Harry Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stem yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Zev Auerbach yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 5th day of April, 2005. 5 Ordinance No. 2005- Page 6 PASSED AND ADOPTED on second reading this 3rd day of May, 2005. SUSAN GOTTLIEB, Mayor ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Ordinance to Sunset the Economic Development Advisory Board 1st Reading April 5, 2005 City Commission Meeting Agenda Item alJ 2nd Reading May 3, 2005 City Commission Meeting Agenda Item 7lB RECOMMENDATION As discussed at the March Workshop Meeting, it is recommended that the Economic Development Advisory Board be sunset. The board has not met since April 2003 when it issued a recommendation on the Hospital District. Attempts to spur more economic development no longer appear to be a priority and redevelopment issues can be addressed through the Comprehensive Plan update, EMS/act Attachment CC01332-05 ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, REPEALING DIVISION 3 "ECONOMIC DEVELOPMENT ADVISORY BOARD" CONSISTING OF SECTION 2-151 TO AND INCLUDING SECTION 2-156 OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE; WHICH HAD PROVIDED FOR THE CITY OF A VENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD, SO AS TO DISSOLVE SAID BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission has determined that it is no longer necessary for the City of Aventura Economic Development Advisory Board to function. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recital is hereby adopted and confirmed. Section 2. Repeal. That Division 3 "Economic Development Advisory Board" consisting of Section 2-151 to and including Section 2-156 of Article III "Advisory Boards" of Chapter 2 "Administration" of the City Code, which Division reads as set forth on Exhibit "A" attached hereto, is hereby repealed. Section 3, Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Ordinance No. 2005-_ Page 2 Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date, That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Diamond who moved its adoption on first reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond yes Commissioner Harry Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Zev Auerbach yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb 2 Ordinance No, 2005-_ Page 3 PASSED AND ADOPTED on first reading this 5th day of April, 2005. PASSED AND ADOPTED on second reading this 3rd day of May, 2005. SUSAN GOTTLIEB, Mayor ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 3 ~ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PROPOSED ORDINANCES - MAY 3, 2005 in the XXXX Court, was published in said newspaper in the issues of 04/07/2005 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing t is advertisement for publication in the said newspape . Sworn to and subscribed before me this 07 day of APRIL ,A.D. 2005 C1//?$_-- (SEAL) O.V. FERBEYRE personally known to me ~., ~ Cheryl H Marmer . ~ . My Commission 00338559 '~,...I ExpIres July 18, 2008 . ,......LIC H!l~" JIIIOPO........... '. '> .' ,r'", ",_;".,,:;,,)<>~,,; "'0' NOTICE IS:HEREBViGlVEN thllton TU._f;~~Day,of,May,.2005, ata meeting of tile City Commission of the,City ofAventura,to beheld at 06:00 p.m.Jnthe~jstlioJ'l~rllt.~~\(.mment,Center. ,19200 WestCQunlrY Club Drive. Aventura,'~ ,tt)eCityCommission' wm..constd8rmradOptiQnof'.1tRr1011~~'ll....~~JCl!IS'.'~ reading, entitled:' '. AN OR~ 9F THECITYOf:" AME,NOING QlYlSI9N ", 2 .' ADVISORY'1lOMD"OF ARil'ltLE OF C~~,tADM~TJON REVISING $E$'J1ON201a1~QMA, QUAUflCAnoN$ "seC11ON:z ==~=~ ~~~~-=31~_: PRO~~EFFeC'nV.04it~. ", AN OR~OF'tH~ crrv 9F 4~NTURA. FLQRlDA, !l~~NG 'DIVJ$IOII,' ~..' "~' QEVJ;b~, ADVISORY ,1)"-~qr:,~C11Otl2-1I1TO ~~ ,-~~~~TI(iN~ OF'tHE- .' '.", . !.~~DPROViOEofic)R1'HEcrtv OF A~E-CQM)rjCDEV"~:~ 8OA~~B:12..OI$SOI.ve.$AU),IOARO;'~' FOR <K;Y~" t'; PROYlOJNCtFOR,.~' IN CODE;~-FOREFFECTIVE'DATE;' '"." '", .. .. .. ..".. -'..~',~',.:- ~: " The prOposed Ordinances may be Inspected ~ the .public at the Office of the City Cler1(. 19200 West GOUI)Uy Club Drive, AV&rltura, Florida. Intere. stedpartieS~,.,'.'.' ,"I~...,.,., r.,a..t. the."" ,.p.".UtiIIc,..,,' .".,H..',.,ea. ","9, .am.,.._, hefl,.' rd.,. With respect tC1 the p~ ()~ces: MY person wisftIria';b ilddressthe, . City Commission on 'aiiyaem at thiS Pubtic Healing nlaf~$O afttJr'the , Mayor opens thepubl"lC hearing. ". ',,', " .-- . ,In accordance wjth the Americans With Diaabilities~Clf.1990; all ipersons who are disabled and who neett special aCQOmtnodttlons to :participate In this prOceeding because'Of thaf'disBf!illft $lfould contact. ,the Office of the~ Clerk, 305-466-8901, not latei'tftaiitwo business days priQrto sucti PrOceedings. ",' If .Ii person decldestoappeal any deCillion made by thi'elty Commission. with respect: to ~ matter consldeRtd at a ~orhearing, that person will need al'flCord of the proceedings 8rld,lMSuch purpose, may need t~ ensure that a verbatim record ofth8'~ings is made, whiCh record rncludestha testimony and 8YId8l\ClI1Jpdn whiCh the appeaUs to be based. ' " , 4/7 "'. Teresa M. Soroka, CMC City Clerk 05-4-531534326M ~ltc :miami *crat~ __ Published Dailv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: MARIA ANGEL Who on oath that she is . ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County, Florida; that the advertisement for: THE CITY OF A VENTURA was published in said newspaper in the issue of: APRIL 25TH 2005, MIAMI HERALD, PAGE 18A Affiant further says that the Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. J LJ " . CC' C" -- ---- M.A:RIA ANGEL I uiA tteRNANDEi--l .--: I ~ _:II1II2OOt! : . :. . Bonded thru (aoo)432~254: : ~QFf\.~ Florida Notary Assn ,Inc ; 1......~':~..................................." Sworn to and subscribed before me This ,;J J1 day of ~ I-~LL ~ LISA ANN HERNANDEZ A.D, 2005 900 West 49th Street, Suite 500, Hialeah, FL 33012 )KNIGHTRIDDER) CITY OF AVENTURA il:'ir11 NOTICE OF HEARING OF LOCAL ~"''' -"0"".,';.0/' PLANNING AGENCY AND NOTICE OF DEVELOPMENT PERMIT AND DEVELOPMENT ORDER MORATORIUM Public. Notice is hereby given that the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, May 3, 2005 at 6:00 p,m. to make a recomm~ndation regarding the adoption of the following Ordinance: r Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as governing body, will consider at a public hearing adoption-on first reading of the Ordinance. The Public Hearing will be held at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the public at the Office at the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. ' In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk. (305) 466-8901, not later than two business days prior to such proceedings. .- If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal ;s to be based. Teresa M, Sora a, CMC, City Clerk I , / /