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06-23-2015 WorkshopThe City ®f City Commission iventura A Workshop Meeting June 23, 2015 9:00 A.M. I_ 19200 Ni "e,t Comhi\ Chib D ri�e fi ���nra, FL 33180 Executive Conference Room AGENDA 1. Overview of AACC 2014115 Season (City Manager) 2. Capital Improvement Program 2015 -2020 Briefing (City Manager) * Future Action Required: Resolution 3. Founders Day Update (City Manager) 4. Recreational Drones (Mayor Weisman)* 5. Resolution Supporting FDOT's Concept 1 Improvements for NE 203 St & Biscayne Blvd (Commissioner Landman)* Future Action Required: Resolution 6. Good Government Initiative Class V (Commissioner Landman)* 7. Site Plans - Medical Office Building Adjournment Back -up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding. amt •r It r n ■■ ■■ t rr � or tY r ■■ra w id to 1a 1J �i - Mav a. tr ra ■ �� a*. - 1, 1 ra NJ Y Fr rr rr on JL3 a Ju Lr :r {■ rr r s1 t■ ti s �a� !r t Jr.g r rs ■■ r i 1 3 -- �■t- _._ate'• r � 11F 'I �' �- F" � '� •4i�1�Y F i■ III `L A r - C of A ventura Capital Improvement Program 2015/16 — 2019/20 - - _4 or a i r - i i �� i iM1'� � �1 M• • /1EME MI Now 11 10 I if MI VE d11111Ir 1l� �I Ali C.,O �� •ti 1�1 _ 4.L ■yam, - 1 1- — - IL 1 low a kirp, -� CAPITAL IMPROVEMENT PROGRAM 2015/16 - 2019/20 v Eac ce`" f CITY OF AVENTURA CITY COMMISSION Mayor Enid Weisman Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg CITYMANAGER Eric M. Soroka DEPARTMENT DIRECTORS Weiss Serota Helfman Cole &Bierman, P.A., City Attorney Robert M. Sherman, Community Services Director Joanne Carr, Community Development Director Karen J. Lanke, Information Technology Director Steven Steinberg, Police Chief Julie Alm, Principal Charter School Brian K. Raducci, Finance Director Steven Clark, Arts &Cultural Center General Manager Ellisa Horvath, City Clerk City Av of entur • R w1 CL1 cnt Centcr 192.00 Wen Colin" Club Dnve Aventura, Florida 33180 { Office of the City Manager June 2015 The Honorable Mayor and Members of the City Commission City of Aventura Aventura, Florida 33180 Enclosed herein is the proposed City of Aventura (the "City ") Capital Improvement Program (CIP) for the fiscal period October 1, 2015 through September 30, 2020 and the proposed Capital Budget for the Fiscal period October 1, 2015 through September 30, 2016. The primary goal of the CIP is to develop a long —term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. It is important to stress that the CIP is a planning tool to evaluate infrastructure needs of the City as well as the financial capabilities of the City. In order to determine the impact of the CIP on the City's future operating budget, the City Commission and residents will be provided with the benefits of a CIP document which serves as a point of reference and includes an estimated long -term budget plan. At this point in the City's history, the need for major capital improvement funding has decreased substantially due to a very ambitious schedule of completing major community facilities and infrastructure projects during the past nineteen years since the incorporation of the City. This document represents an update of the CIP that was originally prepared for the five -year cycle of 2014 to 2019. The update process is important for the CIP to become a continuing and ongoing planning /implementation process. The last four years of last year's program were reevaluated in light of unanticipated needs, cost revisions, new project priorities and the financial condition of the City. In addition, the CIP was updated to add new projects in the fifth year (2019/20) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. The following represents the significant revisions or modifications to the proposed CIP compared to the prior document: 1. Added in 2016/17 resurfacing Founders Park parking lot and exercise trail - $119,000. 2. Added in 2015/16 replacing and upgrading the path lighting system on the Don Soffer Exercise Trail - $700,000. 3. Added Stormwater Master Plan Update for 2015/16 - $225,000. 4. Added 15 stormwater outfall check valves to guard against rising sea levels - $9367000. 5. Added in 2015/16 NE 34th Avenue, NE 28th Avenue and Aventura Boulevard resurfacing - $408,000. 6. Added in 2015/16 Country Club Drive flashing pedestrian crossing signs -$4907000. The proposed 2015 — 2020 CIP includes 33 projects in five (5) functional categories with a total value of $17,883,605. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (14 %), Transportation, Drainage and Infrastructure Improvements (47 %), Capital Equipment Purchase and Replacement (20 %), Information /Communication Technology (17 %) and Public Buildings and Facilities Improvements (2 %). Major emphasis was placed on the following projects Stormwater Drainage Improvements $2,746,000 Road Resurfacing 276947000 Park Improvements 275947050 Street Lighting Upgrades 176287000 TVM S Upgrades 8507000 Air Conditioning Unit Replacements 3127000 It should be noted that the City and Aventura Mall our working together to design a traffic flow improvement project to address congestion on Country Club Drive from motorists going east on the Lehman Causeway. This was not included in this document, as it is in the early stages of study and requires FDOT approval. The document contains a detailed funding plan that forecasts revenues necessary to fund both the CIP and the operating budgets over the next five (5) years. The proposed funding plan is based on the assumption that operating expenditures can be maintained at certain percentage increases and revenues grow at specified levels. The plan is based on conservative estimates. am proud of the many accomplishments and the support the City Commission and residents have shown in the implementation of the capital projects since the incorporation of the City. Our beautification projects, park and open space additions, Government Center, Community Recreation Center, Charter School, Arts & Cultural Center, transportation improvements and many other community enhancements continue to exhibit our commitment to excellence and professionalism. This document serves many purposes. Importantly it serves as an aid to the residents in providing a better understanding of the City's long -term capital needs and how the City intends to meet these demands. It also details our continuing effort to address the needs and concerns of our citizens while making prudent financial decisions which contribute to the City's long -term financial health. The preparation and formulation of this document could not have been accomplished without the dedicated efforts of all Department Directors and their staff. Their professional efforts have assisted in the preparation of this important planning program. request and recommend that you take the following actions regarding the proposed 2015 - 2020 Capital Improvement Program: 1. Review the CIP document at the June workshop meeting. 2. Hold a public hearing at the July Commission Meeting to conceptually adopt the final CIP document, by resolution, for implementation. All questions relating to the CIP should be referred to my attention. Respectfully submitted, G• Eric M. So a City Manager CAPITAL IMPROVEMENT PROGRAM 2015-2020 HIGHLIGHTS • Road maintenance projects that total $2,694,000 to resurface asphalt and enhance safety are included for NE 29th Place, NE 213th Street, NE 191St Street, NE 27th Avenue, NE 28th Court, NE 30th Avenue, NE 209th Street, Yacht Club Drive, Mystic Point Drive, NE 187th Street, NE 185th Street, Aventura Boulevard, NE 34th Avenue and NE 28th Avenue. • Installation of Flashing Pedestrian Crossing Signs on Country Club Drive. • Provides for improvements to Founders Park, Veterans Park, and Waterways Park in the amount of $521,550 to address maintenance requirements. • Upgrades and improves the path lighting system on the Don Soffer Exercise Trail in the amount of $700,000. • Utilizes a stormwater utility program to improve drainage along NE 191St Street, upgrades seawalls along NE 213th Street, NE 183rd Street, NE 188th Street, NE 190th Street and adds 15 stormwater outfall check valves to guard against rising sea levels. A total of $2,746,000 has been earmarked during the five -year period. • Funds development of a 1.5 acre new park planned on NE 188th Street at a cost of $174007000. • Provides funding in the amount of $1,200,000 to retrofit street lighting throughout the City with more energy efficient LED fixtures and $428,000 for new street lights on NE 30th Avenue and NE 29th Place. • Includes $850,000 to expand the City's Traffic Video Monitoring System to the southern portion of the City. • Provides the necessary equipment to continue to provide high quality and effective police services. • Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of City operations. • Ensures that the tools of production, vehicles, equipment and technology, are available for City operations. CAPITAL IMPROVEMENT PROGRAM 2015-2020 TABLE OF CONTENTS INTRODUCTION PAGE Purpose of the Capital Improvement Program 1 Legal Authority 2 Development of the Capital Improvement Program 2 Capital Improvement Program Policies 3 Preparing the Capital Budget 4 Locating a Specific Capital Project 4 Reading the Program Schedules 5 OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects 7 Summary of Major Programs 7 Summary of Proposed Appropriations by Funding Source 8 Summary of Projects by Location and Year 9 FUNDING PLAN Introduction 11 Debt vs. Pay -As- You -Go Financing 11 Required Separation of Funding Sources 12 Summary of Financing Plan Model 13 Proposed Financing Plan General Fund 14 Proposed Financing Plan Transportation Fund 18 Proposed Financing Plan Stormwater Utility Fund 19 Proposed Financing Plan Capital Projects Fund 20 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES Beautification and Park Facilities Improvements 22 Transportation, Drainage and Infrastructure Improvements 31 Public Buildings and Facilities Improvements Information /Communications Technology NESO Cyr Capital Equipment Purchases and Replacements 51 � _ate• + n -i i.• ' rmf�I0t ■rr ■■a 1 ` M f If■ Imm ir■ t i! is 4 I� `3 � � *� ����ilr at, �# 1 .� F , I� +. / ja0 4140 , ti Imp it r IF room■ 4 r ' # P rtp,�k �■ 1 IN rItt *r NporrmI 1i° lax k 4 to . IM Or for �*/r�rf � �0l l F` tip 0 *r f�� ;� 4�°4 # IR *r or t�l � wwm an l 1 X00 a�,r �• �� _ r unr Pike INTRODUCTION City of Aventura INTRODUCTION This section describes what a Capital Improvement Program (CIP) is and the process for developing the City of Aventura (the "City ") Capital Improvement Program and Capital Budget. This introduction also explains how to locate a specific project in this document. PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM The purpose of the CIP is to establish a long term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CIP document as a point of reference and estimated long -term budget plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The CIP is an official statement of public policy regarding long -range capital development within the City. A capital improvement is defined as a capital expenditure of $5,000 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character, and durable equipment with a life expectancy of more than one (1) year. In addition, equipment that has a value of $5,000 or less is also included in this document for budgetary purposes. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also communicates to the citizens, businesses and interested parties the City's capital priorities and plan for implementing projects. The five -year CIP is updated annually to add new projects in the fifth year, to re- evaluate the program and project priorities in light of unanticipated needs, and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes a continuing part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: 1. The CIP is a tool for implementing the City's Comprehensive Plan. 2. The CIP process provides a mechanism for coordinating among projects with respect to function, location, and timing. Capital Improvement Program 2015 -2020 Page 1 City of Aventura 3. The yearly evaluation of project priorities ensures that the most crucial projects are developed first. 4. The CIP process facilitates long -range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long -range fiscal framework. 5. The impact of capital projects on the City's operating budget can be projected. 6. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments and the City Commission. LEGAL AUTHORITY A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations, incorporated as Chapter 163, Florida Statues. DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM The City's capital programming process began in January when operating departments were required to prepare requests for all proposed capital projects anticipated during the period of 2015 - 2020. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, need of residents and funding. Projects were prioritized on the basis of Urgency, Necessity, Desirability, and Deferability. The City Manager reviewed departmental requests and conducted individual meetings with Department Directors. The departmental requests were prioritized and the five - year schedule of projects was compiled into document form by the City Manager. The methods of financing and revenue sources were then prepared by the Finance Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and public for review. In order to facilitate public involvement, public hearings and community meetings will be held to unveil and review the CIP document prior to the adoption of a Resolution approving the CIP in principle. Capital Improvement Program 2015 -2020 Page 2 City of Aventura CAPITAL IMPROVEMENT PROGRAM POLICIES 1. Annually, the City will prepare a five -year capital improvement program analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. 2. The City will perform all capital improvements in accordance with an adopted CIP. 3. The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one (1) year and a value of $5,000 or more. In addition, equipment that has a value of $5,000 or less is also included in the document for budgetary purposes. 4. The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. 5. The first year of the five -year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. 6. The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. 7. The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. 8. The City will determine the most appropriate financing method for all new projects. 9. If appropriate, the City will attempt to maintain a mixed policy of pay -as- you -go and borrowing against future revenues for financing capital projects. 10 The City will maintain ongoing maintenance schedules relating to road, sidewalk and drainage system improvements. 11. The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. 12. A CIP preparation calendar shall be established and adhered to. 13. Capital projects will conform to the City's Comprehensive Plan. 14. Long -term borrowing will not be used to fund current operations or normal maintenance. 15. The City will strive to maintain an unreserved General Fund Fund Balance at a level not less than 10% of the annual General Fund revenue. Capital Improvement Program 2015 -2020 Page 3 City of Aventura 16. If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid -year budget amendments will be utilized to provide formal budgetary authority. In addition budget amendments may be utilized to increase appropriations for specific capital projects. PREPARING THE CAPITAL BUDGET The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five -year program as part of the annual budget review process. Based on the CIP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. Capital Improvement Programming thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure of funds for employee salaries, supplies and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. LOCATING A SPECIFIC CAPITAL PROJECT The Capital Improvement Program is divided into five (5) program areas as follows: Beautification and Parks (BP) Transportation, Drainage and Infrastructure Improvements (TDI) Public Buildings and Facilities (PBF) Information /Communications Technology (ICT) Capital Equipment Purchases &Replacement (CE) Each project in the Capital Improvement Program has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to functional category priority number assigned by the City Manager. The final digits outline the individual department requesting the project. For example, project TDI -1 -CS is Transportation, Drainage and Infrastructure Improvements project number one which was requested by the Community Services Department. Capital Improvement Program 2015 -2020 Page 4 City of Aventura READING THE PROGRAM SCHEDULES Detailed information about each capital project is presented in the section titled "Capital Improvement Program Project Descriptions and Funding Schedules." The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. Capital Improvement Program 2015 -2020 Page 5 A•� S � , ffff i i i S �I AMP n� u f k; City of Aventura r� F J .yam � *• � Y~_ IFS r� FLO OVERVIEW Capital Improvement Program 2015 -2020 Page 6 City of Aventura OVERVIEW OF RECOMMENDED PROJECTS SUMMARY OF RECOMMENDED PROJECTS The proposed 2015 — 2020 CIP includes 33 projects in five (5) functional categories with a total value of $17,883,605. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (14 %), Transportation, Drainage and Infrastructure Improvements (47 %), Capital Equipment Purchase and Replacement (20 %), Information /Communication Technology (17 %) and Public Buildings and Facilities Improvements (2 %). SUMMARY OF MAJOR PROGRAMS The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five (5) years covered by the CIP. Table 1 Program 2014/15 2015/16 2016/17 2017/18 2018/19 TOTAL Beautification & Parks Facilities $ 251355200 $ 163,400 $ 2009000 $ 59,850 $ 35,600 $ 215949050 Transportation, Drainage & 416939000 9795000 190679000 150115000 6589000 894089000 Infrastructure Public Buildings & Facilities 30,000 305000 42,000 965000 1815500 3795500 Information /Communication 5059975 5329175 6049775 676,925 6589875 219785725 Technology Capital Equipment 6669250 563,900 808,050 6769730 8089400 3,5239330 Totals $ 85030,425 $ 252685475 $ 257215825 $ 255205505 $ 253425375 $ 175883,605 Capital Improvement Program 2015/16 - 2019/20 Summary By Function Capital Equipment Beautification & 20% Parks Facilities -- - 14% Information I Technology �I I 17% .f r r Public Buildings Transportation, 2% Drainage & Infrastructure 47% Capital Imr _ _ _ ___ _ __ _ _ Page 7 City of Aventura SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five (5) years of the program. Table 2 Capital Improvement Program 2015/16 - 2019/20 Summary By funding Source Funding Source 2015116 2016117 2017118 2018119 2019120 TOTAL General $ 21630,925 $ 11095,475 $ 11446,325 $ 1,240,005 $ 1,395,375 $ 7,808,105 Stormwater Utility 1,655,000 246,000 250,000 345,000 250,000 21746,000 Capital Projects Fund 900,000 0 0 0 0 900,000 Charter School 156,500 194,000 208,500 269,500 289,000 11117,500 Transportation Fund 2,6881000 733,000 817,000 666,000 408,000 51312,000 $ 81030,425 $ 21268,475 $ 21721,825 $ 21520,505 $ 21342,375 $ 17,883,605 The proposed funding plan involves a commitment to "pay —as- you -go" annual appropriations established in yearly budgets and does not include additional long term debt. Funding Source Summary Stormwater Utility 15% General 44% Capital Projects 5% Charter School 6% Transportation Fund 30% Capital Improvement Program 2015 -2020 Page 8 City of Aventura SUMMARY OF PROJECTS BY LOCATION AND YEAR The following outlines the major projects by location and the year they are proposed to be funded: Table 3 Capital Improvement Program 2015/16- 2019/20 Summary By Location Resurfacing Street Lighting Drainage Park Location Improvements Improvements Founders Park 2015 to 2019 Waterways Park 2015 to 2017 Veterans Park 2017 to 2019 NE 29th Place 2015/16 NE 30th Avenue 2015/16 NE 188th Street Park 2015/16 NE 213th Street 2015/16 Yacht Club Drive 2015/16 NE 191St Street 2015/16 NE 27th Avenue 2016/17 NE 28th Court 2016/17 NE 209th Street 2016/17 Yacht Club Drive 2017/18 Mystic Point Drive 2017/18 NE 187th Street 2018/19 NE 185th Street 2018/19 Aventura Boulevard 2019/20 NE 34th Avenue 2019/20 NE28th Avenue 2019/20 Capital Improvement Program 2015 -2020 Page 9 City of Aventura �F AVF� � �G✓ sp FUNDING PLAN "Opp, Capital Improvement Program 2015 -2020 Page 10 City of Aventura FUNDING PLAN INTRODUCTION In order for a CIP to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the CIP itself but the required operating expenses and debt service requirements of the City. In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: 1. A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the CIP. 2. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. 3. Once the CIP projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the CIP for each year. 4. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will be made on whether the program is to be financed by the issuance of debt, on apay -as- you -go basis or some combination of the two (2). The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five -year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets, and ordinances to implement fee structures which will be required to fund the program each year. DEBT VS PAY -AS- YOU -GO FINANCING Debt financing through the issuance of long term bonds is most appropriate when: 1. There are a small number of relatively large dollar value projects. 2. Larger projects cannot be broken into segments and the costs distributed over a longer time frame without impairing the usefulness of the project. Capital Improvement Program 2015 -2020 Page 11 City of Aventura 3. The projects are non - recurring. 4. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long -term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay -as- you -go financing is most appropriate for a CIP which includes: 1. A large number of projects having a relatively small dollar value. 2. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. 3. Projects which are of a recurring nature. 4. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay -as- you -go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a CIP. REQUIRED SEPARATION OF FUNDING SOURCES In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay -as- you -go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: 1. General Fund 2. Transportation and Street Maintenance Fund 3. Charter School Fund 4. Capital Projects Fund 5. Stormwater Utility Fund Capital Improvement Program 2015 -2020 Page 12 City of Aventura In accordance with accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition, capital outlay for the Charter School is included in a separate Budget adopted by the City Commission. SUMMARY OF FINANCING PLAN MODEL Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: 1. Utilize "pay -as- you -go" financing through annual appropriations to fund the total five year amount of $17,883,605. No additional debt is recommended. 2. Adjusts property tax revenues based on projected conservative growth in assessments. Capital Improvement Program 2015 -2020 Page 13 City of Aventura PROPOSED FINANCING PLAN GENERAL FUND After evaluating the nature of the various projects that are included in the City's General CIP, it was decided that pay -as- you -go would be most appropriate for funding the program. FINANCING PLAN TABLES Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General CIP for each year of the program. Table 1 presents a five -year projection of resources which will be available for General Government Services. Unless shown by an asterisk ( *), the amount projected for each revenue is based on the tax rate or fee structure in effect during the 2014/15 fiscal year. Revenue descriptions followed by an asterisk ( *) were computed based on a projected increase in the rate structure as discussed in the assumption of projections. Table 2 presents a five -year projection of required operating expenses for General Government Services which utilize the cost data as outlined in the assumption of projections. Table 3 is a recap of resources available to fund the General CIP based on projected revenues and expenditures and the proposed Capital Improvement Program appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures will be transferred to the CIP Fund and that any balance in the CIP Fund will remain in the CIP. Through this process, the City will be able to accumulate a reserve which would be used to fund unexpected capital outlays or to fund future years' programs. Capital Improvement Program 2015 -2020 Page 14 TABLE 1 PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES 2014/15 2015/16 2016/17 2017/18 CURRENT YEAR REVENUES AVAILABLE FOR GENERAL GOVERMENT SERVICES AD VALOREM TAXES FPL FRANCHISE FEES FRANCHISE FEES UTILITY TAXES SECTION 185 PREMIUM TAX CITY BUSINESS LICENSES TAX BUILDING RELATED REVENUE STATE SHARED REVENUES - UNRESTRICTED HALF CENT SALES TAX CHARGES FOR SERVICES FINES AND FORFEITURES MISC. REVENUES COUNTY BUSINESS TAX TOTAL CURRENT YEAR REVENUES ITRANSFERS FROM E911 FUND TOTAL AVAILABLE City of Aventura 2018/19 2019/20 $13,811,000 $14,896,543 $15,641,370 $16,423,439 $ 17,244,611 $18,106,841 (a) 1,782,000 1,898,000 1,935,960 1,974,679 2,014,173 2,054,456 (b) 508,000 519,000 534,570 550,607 567,125 584,139 (c) 7,652,000 7,886,000 8,122,580 8,366,257 8,617,245 8,875,762 (d) 318,000 318,000 318,000 318,000 318,000 318,000 880,000 910,000 919,100 928,291 937,574 946,950 (e) 1,653,000 2,068,000 1,600,000 1,300,000 1,300,000 1,000,000 (0 552,329 642,329 661,599 681,447 701,890 722,947 (g) 2,630,000 2,725,000 2,820,375 2,919,088 3,021,256 3,127,000 (h) 2,120,000 2,153,000 2,228,355 2,306,347 2,387,070 2,470,617 (i) 1,632,000 1,642,000 1,691,260 1,741,998 1,794,258 1,848,085 (j) 165,000 205,000 178,000 178,000 178,000 178,000 49,000 49,000 49,000 49,000 49,000 49,000 $33,752,329 $35,911,872 $36,700,169 $37,737,154 $39,130,201 $40,281,798 30,000 30,000 31,050 32,137 33,262 34,426 $ 33,782,329 $ 35,941,872 $ 36,731,219 $ 37,769,290 $ 39,163,463 $ 40,316,224 NOTES TO ASSUMPTION OF PROJECTIONS (a) Ad Valorem Tax revenues are estimated to increase at 8% in 2015/16 and grow at the rate of 5% each year thereafter. (b) FPL Franchise Fees from the County will grow at the rate of 2% per year. (c) Franchise fees will grow at the rate of 3% per year. (d) Utility taxes will grow at the rate of 3% per year. (e) Business License Tax will grow at the rate of 1.0% per year. (f) Building related revenues will decrease over the 5 year period. (g) State shared revenues will grow at the rate of 3% per year. (h) Half -cent sales tax will grow at the rate 3.5% per year. (i) Charges for services will grow at the rate of 3.5% per year. (j) Fines & forfeitures will grow at the rate of 3% per year. Capital Improvement Program 2015 -2020 Page 15 City of Aventura TABLE 2 PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES DEPARTMENT 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 City Commission $ 125,339 $ 128,563 $ 131,134 $ 135,068 $ 139,120 $ 143,294 Office of the City Manager 807,931 821,742 854,612 888,796 924,348 961,322 Legal 270,000 280,000 290,000 290,000 290,000 290,000 City Clerk 313,021 287,685 322,069 338,173 371,845 397,874 Finance 986,975 1,003,892 1,054,087 1,106,791 1,162,130 1,220,237 Information Technology 968,588 1,013,438 1,059,043 1,111,995 1,167,595 1,225,974 Public Safety 17,403,680 18,068,337 18,881,412 19,636,669 20,422,135 21,341,131 Arts & Cultural Center 726,900 798,183 809,101 845,511 883,559 923,319 Community Development 2,104,435 2,401,633 2,123,682 2,112,392 2,125,764 2,114,537 Community Services 4,476,210 4,760,648 4,951,074 5,149,117 5,355,082 5,569,285 Non - Departmental 1,469,000 1,481,000 1,510,620 1,540,832 1,571,649 1,603,082 TOTAL PROJECTED OPERATING EXPENDITURES GENERAL GOVERNMENTAL SERVICES $ 29,652,079 $ 31,045,121 $ 31,986,834 $ 33,155,344 $ 34,413,227 $ 35,790,056 TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2,221,190 2,208,590 2,220,979 2,220,979 2,220,979 2,220,979 Transfers TOTAL PROJECTED EXPENDITURES $ 31,873,269 $ 33,253,711 $ 34,207,813 $ 35,376,323 $ 36,634,206 $ 38,011,035 NOTES TO ASSUMPTION OF PROJECTIONS Operating expenditures are projected to increase on average of 4% each year. Capital Improvement Program 2015 -2020 Page 16 TABLE 3 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT PROGRAM TOTAL PROJECTED AVAILABLE RESOURCES PROJECTED OPERATING EXPENDITURES DEBT SERVICE REQUIREMENTS SUBTOTAL - EXPENDITURES BALANCE AFTER OPERATING COSTS LESS CIP APPROPRIATIONS BALANCE AMOUNT NEEDED FROM CIP RESERVE OR NEW REVENUES $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 10 000 000 $5,000,000 $o City of Aventura 2015/16 2016/17 2017/18 2018/19 2019/20 $3519411872 31, 045,121 212081590 $3617311219 31, 986, 834 212201979 $3717691290 33,155, 344 212201979 $3911631463 34,413, 227 212201979 $4013161224 35, 790, 056 212201979 33, 253, 711 216881161 216601925 34, 207, 813 215231406 110951475 35, 376, 323 213921967 114461325 36, 634, 206 215291257 112401005 38, 011, 035 213051189 113951375 $ 271236 $ 114271931 $ 9461642 $ 112891252 $ 9091814 Revenues Expenditures CIP 2015/16 2016/17 2017/18 2018/19 2019/20 Capital Improvement Program 2015 -2020 Page 17 City of Aventura PROPOSED FINANCING PLAN TRANSPORTATION FUND This fund was established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. This table reflects the anticipated revenues available and the proposed appropriations. TABLE 4 TRANSPORTATION AND STREET MAINTENANCE FUND RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS SUMMARY BY YEAR REVENUES LOCAL OPTION GAS TAX INTEREST EARNINGS STATE SHARED REVENUES - RESTRICTED FDOT CARRYOVER COUNTY TRANSIT SYSTEM SURTAX TOTAL REVENUES EXPENDITURES Maintenance Operating Expenditures Transit Services TOTAL EXPENDITURES Total For Capital CAPITAL EXPENDITURES 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 $ 5059000 $ 5169000 $ 5289900 $ 5429123 $ 5559676 $ 5449000 29000 29000 29000 29000 29000 19000 1709000 2409000 2469000 2529150 2589454 1849000 - 4909000 - - - - 2,213,480 191829855 1069450 3479850 4999365 7949339 190509000 193719000 1,405, 275 194409407 194769417 1,131, 000 $399409480 $398019855 $292889625 $ 2,584,529 $297919911 $ 296549339 $ 4639500 $ 5379405 $ 5649275 $ 5929489 $ 6229113 $ 6539219 3999000 4709000 6439500 6759675 7099459 8949932 $ 8629500 $ 190079405 $ 192079775 $ 192689164 $ 193319572 $ 195489151 390779980 297949450 190809850 193169365 194609339 191069188 Project Title 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 Street Lighting $ 2319411 $ 4289000 $ 4009000 $ 4009000 $ 4009000 $ - TVMS 3009000 5009000 - - - - Transporation Improvements 3539714 4909000 - - - - Road Resurfacing Program 190109000 192709000 3339000 4179000 2669000 4089000 TOTAL CAPITAL EXPENDITURES $198959125 $ 2,688,000 $ 7339000 $ 8179000 $ 6669000 $ 4089000 Reserves $1,182,855 $ 1069450 $ 3479850 $ 4999365 $ 7949339 $ 6989188 Capital Improvement Program 2015 -2020 Page 18 City of Aventura PROPOSED FINANCING PLAN STORMWATER UTILITY FUND The City is responsible for stormwater management activities within its corporate boundaries. In order to address deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund was created. The Fund generates revenues for stormwater management costs, permitting, maintenance and capital improvements from a source other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user fees charged to residents and businesses for generating revenues. Table 5 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five -year period. A total of $2,746,000 worth of stormwater drainage projects will be completed during the five -year period. The monthly rate charged to users per unit was $2.50 for 2014/15. It is not recommended that the fee be increased during the next five (5) years. TABLE 5 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS STORMWATER UTILITY FUND Annual Surplust(Deficit): $ 769,600 $ 407,614 $ 445,238 $ 463,635 $ 370,929 $ 3565210 NOTES TO ASSUMPTION OF PROJECTIONS (1) Projected to increase by 1% annually. (2) Includes Operation and Maintenance, Engineering and Administration . Projected to continue to grow at an annual rate of 4 %. Capital Improvement Program 2015 -2020 Page 19 2014115 2015116 2016117 2017118 2018119 2019120 Revenues: Stormwater Utility Billings (1) $867,000 $875,670 $884,427 $893,271 $902,204 $911,226 State Grant 425,000 195,000 - - - - Interest 4,000 1,000 1,000 1,000 1,000 1,000 Carry Over of Surplus 88%000 1,56%600 407, 614 445,238 4635635 370,929 1 $ 2,176,000 $ 2,641,270 $ 1,293,041 $ 1,339,509 $ 15366,839 $ 1,2835155 Operating Expenses: (2) 556,400 578,656 601,802 6255874 6505909 676,946 Available for CIP & Debt Service $ 11619,600 $ 21062,614 $ 691,238 $ 713,635 $ 715,929 $ 606,210 Annual CIP Expenditures: 850,000 15655,000 246,000 2505000 3455000 250,000 Annual Surplust(Deficit): $ 769,600 $ 407,614 $ 445,238 $ 463,635 $ 370,929 $ 3565210 NOTES TO ASSUMPTION OF PROJECTIONS (1) Projected to increase by 1% annually. (2) Includes Operation and Maintenance, Engineering and Administration . Projected to continue to grow at an annual rate of 4 %. Capital Improvement Program 2015 -2020 Page 19 City of Aventura PROPOSED FINANCING PLAN CAPITAL PROJECTS FUND This fund was established to account for restricted impact fees or other revenues and which by Ordinance or Commission Policy are designated for police and parks capital improvements. This table reflects the anticipated revenues available and the proposed appropriations. TABLE 6 CAPITAL PROJECTS FUND RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS SUMMARY BY YEAR 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 REVENUES Police Impact Fees Park Impact Fees Developer Contributions Carryover - Parks Impact Fees Carryover - Police Impact Fees TOTAL REVENUES POLICE CAPITAL EXPENDITURES Police Equipment TVMS Police Reserves TOTAL EXPENDITURES PARKS CAPITAL EXPENDITURES Park Reserves NE 188th Street Park Improvements TOTAL EXPENDITURES TOTAL CAPITAL EXPENDITURES $ 79500 $ 59000 $ - $ - $ - $ - 79500 - - - - - 7509000 - - - - - 190339741 9009000 - - - - 259898 0 59000 59000 - - $198249639 $ 9059000 $ 59000 $ 59000 $ 7579500 - - - - - 259898 59000 $ 59000 $ 59000 - - $ 7839398 $ 59000 $ 59000 $ 59000 - - 9119241 - - - - - 1309000 9009000 - - - - 190419241 9009000 - - - - $198249639 $ 9059000 $ 59000 $ 59000 $ Capital Improvement Program 2015 -2020 Page 20 City of Aventura � lii � 1 rri■ I f f k f EX PROJECT DESCRIPTIONS Capital Improvement Program 2015 -2020 Page 21 City of Aventura BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS This section includes beautification projects and improvements to the City's park system and recreational facilities. There are six (6) projects in the CIP, which total $2,594,050. Special emphasis was given to upgrading existing park facilities. I Policies The City's investment in improvements to the City park system is based on the following policies: Goal: Provide adequate and accessible parks and facilities to meet the recreational needs of all current and future residents. • Provide a variety of quality recreation facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. • Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. • Provide exercise /walking paths and designated areas for bike riders to enhance the physical well being of residents. Provide recreational facilities on the basis of 2.75 acres per 1,000 population. • Encourage the integration of recreational facilities into the development of residential, commercial, industrial, and open space land uses. � Goal: Update the five -year CIP on an annual basis. • Provide parks whereby residents have access to neighborhood parks within a 2 mile radius and community parks which serve the entire City. � Goal: Increase Safety Standards Provide for adequate security measure including limited access facilities. • Replace dangerous equipment and eliminate visual barriers to reduce criminal opportunities. Employ vandal- resistant equipment and facilities. • Maintain a Parks Usage Plan to protect the City's investment in the park system and insure the residents' safety. Capital Improvement Program 2015 -2020 Page 22 City of Aventura Goal: Protect and preserve environmentally sensitive land and water areas. Preserve and enhance open space with environmental impact. Existing Facilities There is 32 acres of open space and public park land in the City. Aventura Founders Park was opened in November 1998. This 11 acre site located on West Country Club Drive and NE 190th Street includes both active and passive recreational opportunities. The park encompasses the following components: Splash pad, Jogging Path, tennis courts, gated entries, One ball field w/ dugouts and backstops, Restroom Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk, landscaping, two parking lots, multi - purpose plaza areas, signage, benches, and security lighting. Don Soffer Exercise /Walking Path contains 5.5 acres that is classified as open space recreation area. This facility is used by residents for both recreational and exercise purposes. Waterways Dog Park was acquired by the City in 1998 from a private developer. This 1.5 acre site was previously constructed by a private developer. The City converted this site to a dog park in 2008. Waterways Park was purchased in 2006. The 7 acre site that includes a multipurpose sports field, playground, basketball court, fitness trail, parking and restroom facilities was opened in 2008. Arthur I Snyder Memorial Park was purchased in 1998. This 3.5 acre site was one of the last remaining waterfront undeveloped parcels in the City. This site contains the Community /Recreation Center. Open passive and sitting areas are available at this location. Veterans Park was acquired by the City from a private developer in 2001. This 2 acre site is located on NE 31St Avenue. Facilities and amenities include: parking lot; 1.5 acre open playfield area; playground facilities; restroom facilities and landscaping with shade trees. This park was modified in 2008 by removing the dog play area and expanding the children's play area and adding a restroom facility. NE 188th Street Park contains 1.5 acres and was dedicated to the City in 2013. Development of this site is scheduled to begin in 2015. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2014/15 fiscal year: Capital Improvement Program 2015 -2020 Page 23 City of Aventura Project Title Year Conceptual Design of Aventura Founders Park 1996/97 Design of Country Club Drive Exercise Safety Improvements 1996/97 Purchase of 5.5 acres for Aventura Founders Park 1996/97 Bus Shelter & Bench Replacements 1996/977 1997/987 1998/99 2003/04 1999/007 2000/017 2001/02 2001/02 2005/06 Aventura Blvd Beautification Improvements 1997/98 Northern Entrance Beautification Improvements 1997/98 Aventura Founders Park Development 1997/98 Country Club Drive Exercise /Walking Path Improvements 1997/98 NE 183rd Street Beautification Improvements 1997/98 NE 34th Avenue Beautification Improvements 1997/98 Library Landscaping Project 1997/98 Huber Tract Open Space Land Purchase 1998/99 NE 207th Street Beautification Improvements 1998/99 Country Club Dr. Exercise Path Safety Improvements 1998/997 2004/057 2009/10 NE 190th Street Beautification Improvements 1998/99 Biscayne Boulevard Phase I Beautification Improvements 1998/99 FEC Landscape Buffer 1998/99 NE 191St Street Beautification Improvements 1998/99 Waterways Park Improvements 1999/00 Founders Park Improvements 1999/007 2001/027 2002/03 2003/047 2005/067 2010/11 2013/14. 2014/15 Biscayne Boulevard Phase II Beautification Improvements 1999/00 NE 185th Street & NE 28th Ave Beautification Improvements 1999/00 NE 213th Street Beautification Improvements 2001/02 Aventura Blvd. Entrance Features 2001/02 Community /Recreation Center Conceptual Design 2000/01 Community Recreation Center Development 2001/02 Expanded Waterways Park Purchase 2003/04 Biscayne Boulevard Phase II Beautification Improvements 2001/02 Country Club Drive Beautification Improvements 2002/03 Newspaper Racks 2002/037 2003/04 NE 188th Street Beautification Improvements 2002/03 Yacht Club Way Beautification Improvements 2003/04 William Lehman Causeway Beautification Improvements 2003/047 2004/05 Veterans Park Development 2003/04 Waterways Park Design 2005/06 Founders Park Parking Lot Expansion 2005/06 NE 207th Street Swale Beautification Improvements 2005/06 Waterways Park Development 2006/077 2007/08 Splashpad Addition to Founders Park 2006/07 Miami Gardens Drive Beautification Improvements 2006/07 Waterways Dog Park Development 2007/08 Capital Improvement Program 2015 -2020 Page 24 City of Aventura Veterans Park Modifications & Improvements 2007/087 2013/14 Entrance Features Upgrades 2010/11 Waterways Park Improvements 2013/147 2014/15 NE 188th Street Park Design 2014/15 Park Facilities /Open Space Recreation The City's estimated current population is 37,239. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 102 acres. In calculating the number of recreation acres the City has available for use by residents, public private, golf courses and marinas are accounted for at a different degree depending on accessibility to citizens of the City. Assuming that public facilities can be accounted for at 100 %, private recreation facilities at 50 %, and marinas and the golf course at 25 %, the City existing and proposed recreation areas total 117. Therefore, no deficiency exists under the City's standards. Table PFOS1 contains an inventory of existing and proposed recreation and open space areas. The City owns 32 park /open space acres. Table PFOS 1 CITY OF AVENTURA Recreation /Open Space Inventory TYPE FACILITY ACRES Public Recreation Areas C Don Soffer Exercise /Walking path 5.5 C Arthur I Snyder Memorial Park 3.5 N Veterans Park 2.0 N Waterways Park 7.0 N Waterways Dog Park 1.5 N NE 188th Street Park 1.5 N Aventura Founders Park 11.0 APPLICABLE ACRES 5.5 3.5 2.0 7.0 1.5 1.5 11.0 Public Recreation Subtotal 32.0 32.0 Private Recreation Areas Private Recreation Sites 63.61 Marina Complexes 9.40 Golf Courses 203.17 Private Recreation Subtotal 276.18 Total Recreation Areas 306.68 C = Community Park N = Neighborhood Park Funding Plan 31.81 2.35 50.79 84.95 116.95 Funding for the proposed beautification and park facilities will be provided by the proceeds from the following revenue sources: Capital Improvement Program 2015 -2020 Page 25 City of Aventura Total Category Budget $2,594,050 Funding: General Fund $1,694,050 Capital Projects Fund 9007000 Capital Improvement Program 2015 -2020 Page 26 City of Aventura TABLE 1 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2015/16 - 2019/20 SUMMARY BY YEAR BP1 Project - Founders Park Improvements Dept. CS $ 18,000 $ 149,000 $ 30,000 $ 35,000 $ 15,000 $ 247,000 BP2 Waterways Park Improvements CS 8,000 5,000 - - - 13,000 BP3 Veterans Park Improvements CS - - 150,000 4,500 - 154,500 BP4 NE 188th Street Park Improvements CS 1,400,000 - - - - 1,400,000 BP5 Exercise Trail Improvements CS 700,000 - 10,400 10,600 10,800 731,800 BP6 City -wide Beautification Improvements CS 9,200 9,400 9,600 9,750 9,800 47,750 BP1 BP2 BP3 BP4 BP5 BP6 Totals $ 2,135, 200 $ 163,400 $ 200,000 $ 59,850 $ 35,600 $ 2,594,050 TABLE 2 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2015/16 - 2019/20 FUNDING PLAN Project - Founders Park Improvements ■ -. CS $ Waterways Park Improvements CS Veterans Park Improvements CS NE 188th Street Park Improvements CS Exercise Trail Improvements CS City -wide Beautification Improvements CS Totals PW Jotal 247, 000 $ Capital General P roj e cts Fund - $ 247,000 13,000 - 13,000 154,500 - 154,500 1,400,000 900,000 500,000 731,800 - 731,800 47,750 - 47,750 2,594,050 $ 900,000 $ 1,694,050 Capital Improvement Program 2015 -2020 Page 27 City of Aventura PROPOSED PROJECTS 1 — CS Founders Park Improvements 2015/16 $187000 2016/17 $1497000 2017/18 $307000 2018/19 $357000 2019/20 $157000 This project consists of maintenance projects which replace and update equipment as well as enhancements to the existing features. 2015/16 Replace Office and Welcome Center Furniture 127000 Preplace Two Chilled Water Fountains 67000 2016/17 Replace SplashPad Water Features 307000 Resurface Parking Lot and Exercise Trail 1197000 2017/18 Replace SplashPad Water Features 307000 2018/19 Replace Sunpad Furniture 237000 Replace SpalshPad Pumps 127000 2019/20 Replace Benches and Trash Cans 157000 2 -CS Waterways Park Improvements 2015/16 $87000 2016/17 $57000 This project consists of the following maintenance projects. 2015/16 Replace Water Fountain 37000 Replace Soccer Nets 57000 2016/17 Replace Soccer Nets 57000 3-CS Veterans Park Improvements 2017/18 $1507000 2018/19 $47500 This project consists of maintenance projects which replace and update equipment as well as enhancements to the existing features. 2017/18 Replace Playground Equipment 1507000 2018/19 Replace Playground Equipment 47500 Capital Improvement Program 2015 -2020 Page 28 City of Aventura Capital Improvement Program 2015 -2020 Page 29 1 •'� X11111 !A IMMIII - � #TM qg ' , ) _ \' l J "'r-uto ph., Tf �T-F fr+ Le T� r r i - J P� *� JL ML i 1 !f Mq.W I# r N%' } And k 4 Y 1 ' { J� �! do s Y,�yy_, Al •1, So $ IV TY1 ZW I + 1j ' C4 � - � � •- �- r4 +"' ice' f4 { If Capital Improvement Program 2015 -2020 Page 29 City of Aventura 5 -CS Exercise Trail Improvements 2015/16 $700,000 2017/18 $10,400 2018/19 $10,600 2019/20 $10,800 This project consists of maintenance requirements for the Don Soffer Exercise Path: 2015/16 Replace Path Lighting System 7007000 2017/18 Replace 2 Water Fountains 107400 12018/19 Replace 2 Water Fountains 107600 2019/20 Replace 2 Water Fountains 107800 6 -CS City -Wide Beautification Improvements 2015/16 $9,200 2016/17 $9,400 2017/18 $9,600 2018/19 $9,750 2019/20 $9,800 This project consists of replacing aging street furniture that is no longer useful. 2015/16 Purchase Trash Cans and Benches 97200 12016/17 Purchase Trash Cans and Benches 97400 12017/18 Purchase Trash Cans and Benches 97600 12018/19 Purchase Trash Cans and Benches 97750 2019/20 Purchase Trash Cans and Benches 97800 Capital Improvement Program 2015 -2020 Page 30 City of Aventura I TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE I IMPROVEMENTS This section includes improvements to the City's transportation system, roadways, drainage system, sidewalks, pedestrian pathways, street lighting, transit and other infrastructure improvements. There are five (5) improvement projects in the Capital Improvement Program, which total $8,408,000. Special emphasis was given to improving traffic flow, street lighting, correcting drainage deficiencies and road resurfacing and addressing maintenance considerations. The projects outlined in this section have been developed based on a survey of all areas of the City, with respect to the improvement items, by the Community Services Department; City's consulting engineer and staff. The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. Policies The City's investment in improvements to its transportation system, roads, sidewalks, street lighting and drainage system is based on the following policies: Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. • Coordinate area -wide storm water developments with major street improvements. • Provide adequate storm drainage as defined by present standards for different types of areas of the City. • Upgrade areas of the City to conform to present drainage standards to eliminate flood prone areas. Implement projects that address the long -term problems of the rising sea levels. Goal: Improve local roads to meet road safety requirements and serve the transportation needs of the City. • Systematically provide local street improvements throughout the City based upon the existing condition and age of the street and the cost of maintenance of the street. Implement improvements to meet safety standards. Improve safety by installing street lighting on all appropriate public roadways. • Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. Capital Improvement Program 2015 -2020 Page 31 City of Aventura Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97 -05. Goal: Address traffic flow along the major roadways and intersections by implementing projects that create improvements to the system. Existing Facilities The following is a list of current public roads under the jurisdiction of the City NE 185th Street NE 27th Court NE 28th Place NE 28th Avenue NE 29th Avenue NE 29th Court NE 29th Place NE 30th Avenue NE 34th Avenue NE 187th Street NE 188th Street NE 190th Street NE 191St Street NE 192nd Street NE 193rd Street Aventura Boulevard West Country Club Drive North Country Club Drive East Country Club Drive NE 201 Terrace NE 203rd Street NE 205th Street NE 206th Street NE 207th Street NE 208th Street NE 208th Terrace NE 209th Street N E 211 th Street NE 213th Street NE 214th Terrace NE 214th Street NE 183rd Street Yacht Club Drive Turnberry Way NE 27th Court Prior Accomplishments Since the inception of the CIP, the following projects have been completed or are scheduled for completion as of the 2014/15 fiscal year: Proiect Title Country Club Drive Drainage Improvements Sidewalk Installation — Southside of Lehman Causeway Pedestrian Safety Study Aventura Boulevard Street Lighting Improvements NE 183rd Street & Drainage Improvements N E 183rd Street Lighting Improvements NE 207th Street Lighting Improvements North Aventura Stormwater Collector (213th Street) Pedestrian Transportation Circulation Safety Improvements NE 190th Street Lighting Improvements South Aventura Stormwater Collector Sidewalk Improvements & Replacements Year 1996/97 1996/97 1996/97 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1998/99 1998/99 1998/99, 1999/007 2000/01 Capital Improvement Program 2015 -2020 Page 32 City of Aventura NE 34th avenue Street Lighting Improvements 1999/00 NE 185th Street & NE 28th Avenue Improvements 1999/00 Safety Improvements — Country Club Drive 1999/00 NE 30th Avenue Drainage Improvements 2000/01 NE 213th Street Lighting Improvements 2000/01 NE 34th Avenue Safety /Road Improvements 2000/01 Biscayne Lake Gardens Area Drainage Improvements 2001/02 NE 188th Street, Lighting & Drainage Improvements 2002/03 Country Club Drive Improvements 2002/037 2012/137 2013/14 NE 190TH Street Drainage Improvements 2002/03 Yacht Club way Drainage and Lighting Improvements 2003/04 NE 31 St Avenue Decorative Street Lighting 2003/04 Extension of Lehman Causeway Westbound Service Road 2003/04 Illuminated Street Signs 2003/04 Hospital District NE 213TH Street Drainage Connector 2003/04 Hospital District North Collector 2004/05 NE 207th Street Resurfacing 2004/05 Traffic Video Monitoring Program 2004/057 2005/06 Directional Signs 2004/05 Yacht Club Drive Seawall Improvements 2005/06 Miami Gardens Drive 2005/06 Aventura Boulevard Resurfacing 2005/06 NE 213th Street Outfall Drainage Improvement 2006/07 Miami Gardens Drive Extension and Street Lighting 2006/07 Ne 29th Avenue Street Lighting Improvements 2006/07 Yacht Club Drive Resurfacing 2006/07 Countdown Pedestrian Walkway Signals 2006/07 Traffic Video Monitoring Program — Phase 1 2006/07 Traffic Video Monitoring Program — Phase II 2007/08 NE 29th Pace and Yacht Club Way Resurfacing 2007/08 NE 190th Street Drainage Improvements 2007/08 NE 209th Street /Biscayne Boulevard Traffic Improvements 2007/08 NE 187th Street Traffic Improvements 2007/08 NE 180th & NE 182nd Street /Biscay Boulevard Signage 2007/08 NE 199th Street /West Country Club Drive Turning Lane 2008/09 NE 190th Street Resurfacing 2008/09 NE 191 St Street /Biscayne Boulevard Traffic Improvements 2008/09 NE 191 St /29th Avenue Drainage Improvements 2008/09 Hospital District Resurfacing 2009/10 NE 183rd Street Resurfacing & Road Improvements 2009/10 Yacht Club Way Bridge Improvements 2009/10 Country Club Drive Bus Shelters 2010/11 NE 29th Avenue and NE 187th Street Resurfacing 2010/11 NE 34th Avenue Street Resurfacing 2010/11 Biscayne Boulevard Street Light Upgrades Phase 1 2010/11 Biscayne Boulevard Street Light Upgrades Phase 2 2011/12 Capital Improvement Program 2015 -2020 Page 33 City of Aventura NE 1851 " /NE 31t" Avenue, NE 188t" Street and NE 191 Street Resurfacing 2011/12 Biscayne Boulevard Street Light Upgrades Phase 3 2012/13 Traffic Signal @ NE 185t" Street & NE 28t" Court 2012/13 Turning Lane at N. Country Club Drive and NE 34t" Avenue 2012/13 Biscayne Boulevard Street Light Upgrades Phase 4 2013/14 Traffic Flow Improvements NE 185t" Street 2013/14 NE 29t" Place Drainage Improvements &Resurfacing 2014/15 Biscayne Lake Gardens Resurfacing 2014/15 NE 207t" Street Resurfacing 2014/15 Traffic Video Monitoring System Upgrades 2014/15 NE 185t" Street Turning Lane Improvements 2014/15 Road, Drainage and Infrastructure Improvements The majority of the projects outlined herein can be also be classified as drainage improvements and road resurfacing in accordance with established maintenance schedules. Funding Plan Funding for the proposed roadway, drainage and infrastructure improvement projects will be provided by the following sources: Total Category Budget $8,408,000 Funding: Transportation Fund $5,312,000 Stormwater Utility Fund 277467000 General Fund 3507000 Tables 1 and 2 showing these improvement projects and funding schedules are followed by detailed project descriptions. Capital Improvement Program 2015 -2020 Page 34 City of Aventura TABLE 1 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2015/16 - 2019/20 SUMMARY BY YEAR CIP # Project Title -. r Total TD11 Stormwater Drainage Improvements CS $ 1,655,000 $ 246,000 $ 250,000 $ 345,000 $ 250,000 $ 2,746,000 TD12 Road Resurfacing Program CS 1,270,000 333,000 417,000 266,000 408,000 2,694,000 TD13 Country Club Drive Pedestrian Signs CS 490,000 - - - - 490,000 TD14 TVMS Upgrade CS 850,000 - - - - 850,000 TD15 Street Lighting Improvements CS 428,000 400,000 400,000 400,000 - 1,628,000 Totals $ 4,693,000 $ 979,000 $ 1,067,000 $ 1,011,000 $ 658,000 $ 8,408,000 TABLE 2 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2015/16 - 2019/20 FUNDING PLAN Project Title Dep Stormwater Utility General Transportation TD11 Stormwater Drainage Improvements CS $ 2,746,000 $ 2,746,000 $ - $ - TD12 Road Resurfacing Program CS 2,694,000 - - 2,694,000 TD13 Country Club Drive Pedestrian Signs CS 490,000 490,000 TD14 TVMS Upgrade CS 850,000 - 350,000 500,000 TD15 Street Lighting Improvements CS 1,628,000 - - 1,628,000 Totals $ 8,408,000 $ 2,746,000 $ 350,000 $ 5,312,000 Capital Improvement Program 2015 -2020 Page 35 City of Aventura PROPOSED PROJECTS 1 -CS Stormwater Drainage Improvements 2015/16 $176557000 2016/17 $2467000 2017/18 $2507000 2018/19 $3457000 2019/20 $2507000 Projects included provide for drainage improvements in areas prone to flooding and addressing the long term impacts of the rising sea levels by installing check valves in the various drainage outflows throughout the City. 2015/16 NE 213th Street and NE 183rd Street Seawall 3907000 NE 191St Improvements 6507000 NE 29th Place Phase II (South) Improvements 3907000 Stormwater Master Plan /Environmental Assessment 2257000 2016/17 3 Stormwater Outflow Check Valves 1867000 NE 188th Street and NE 190th Street Seawall Improvements 607000 2017/18 4 Stormwater Outflow Check Valves 2507000 2018/19 Replace Country Club Drive Pump Station 957000 4 Stormwater Outflow Check Valves 2507000 2019/20 4 Stormwater Outflow Check Valves 2507000 2 -CS Road Resurfacing Program 2015/16 $172707000 2016/17 $3337000 2017/18 $4177000 2018/19 $2667000 2019/20 $4087000 This project consists of resurfacing roadways as determined by the City's maintenance standards and the Community Services Department. 2015/16 NE 213th Street 3357000 NE 29 Place Phase 11 (South) 4827000 Yacht Club Way Bridge Repairs 2157000 NE 191St Street 2387000 2016/17 NE 27th Avenue 587000 NE 28th Court between 185 and 187 Streets 537000 NE 30th Avenue 1687000 N E 209th Street 547000 Capital Improvement Program 2015 -2020 Page 36 City of Aventura 2017/18 Yacht Club Drive 2907000 Mystic Point Drive 1277000 2018/19 NE 187th Street 1457000 NE 185th Street 1217000 2019/20 Aventura Boulevard 2857000 NE 34th Avenue 457000 NE 28th Avenue 787000 Country Club Drive Flashing Pedestrian Crossing Signs 2015/16 $490,000 This project consists of replacing the "On Pavement Pedestrian Warning Signs" installed in 2014 with Reflective Rectangular Flashing Beacons. The Reflective Rectangular Flashing Beacons are solar powered and would require a pedestrian to push a button for the interstation signs to flash, thus requiring traffic to stop. 4 -CS Traffic Video Monitoring System 2015/16 $850,000 This project consists of upgrading the 10 year old TVMS equipment to state of art technology and expanding service by adding cameras at two locations in the southern portion of the City. The TVMS program utilizes cameras at key intersections to allow for the Police Department to monitor and respond to traffic conditions. 5 -CS Streetlight Improvements 2015/16 $428,000 2016/17 $400,000 2017/18 $400,000 2018/19 $400,000 2015/16 Street Lights - NE 30t" Ave between NE 203t" Street and NE 207 Street 250,000 Street Lights - NE 29t" Place Phase II (South) 1787000 2016/17 Retrofit Street Lighting with LED fixtures 4007000 2017/18 Retrofit Street Lighting with LED fixtures 4007000 2018/19 Retrofit Street Lighting with LED fixtures 4007000 Capital Improvement Program 2015 -2020 Page 37 City of Aventura I PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS I Capital projects in this functional category include providing new facilities to serve City residents or improvements to existing facilities in the City. The CIP includes 3 projects totaling $379,500. PnIicips The City's investment in improvements to public buildings and operational facilities is based on the following policies: • Provide easily accessible services to City residents and adequate parking for City facilities. • Repair and maintain all buildings and facilities in proper order to increase life of said facilities. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2014/15 fiscal year: Proiect Title Government Center /Police Station Needs Assessment Study Government Center Land Purchase Design of Government Center /Police Construction of Government Center Purchase of Charter Elementary School Property Construction of Charter Elementary School Community Center Improvements Construction of Middle School Wing to Charter School Holiday Lighting for Government Center Design of Arts & Cultural Center Classroom Additions to Charter School Arts & Cultural Center Construction Government Center Chiller Replacements Police Department Office Improvement Government Center Security Equipment Upgrade Government Center Commission Chambers Video Upgrade Government Center Parking Expansion Design Government Center Parking Garage Police Communications Center Improvements Funding Plan Funding for the proposed Public Buildings sources: Total Category Budget Year 1996/97 1997/98 1997/98 1999/007 2000/01 2001/02 2002/03 2003/047 2004/057 2006/077 2007/08 2004/05 2005/06 2007/08 2008/09 2008/097 2009/10 2009/10 2009/10 2010/11 2010/11 2011/12 2012/13 2014/15 Projects will be provided by the following $379,500 Capital Improvement Program 2015 -2020 Page 38 City of Aventura Funding: General Fund $242,500 Charter School Fund 1377000 Capital Improvement Program 2015 -2020 Page 39 City of Aventura TABLE 1 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2015/16 - 2019/20 SUMMARY BY YEAR CIP # Project Title '0' Dept. 2016/16 2016/17 2017/18 2018/19 2019/20 PBF1 HVAC Replacements CS $ 30,000 $ 30,000 $ 42,000 $ 65,000 $ 145,000 $ 312,000 PBF2 Community Recreation Center Improvements CS - - - 31,000 13,500 44,500 PBF3 AACC Improvements AACC - - - - 23,000 23,000 Totals $ 30,000 $ 30,000 $ 42,000 $ 96,000 $ 181,500 $ 379,500 TABLE 2 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2015/16 - 2019/20 FUNDING PLAN CIP • Project -• • • Fun,i PBF1 HVAC Replacements CS $ 312,000 $ 137,000 $ 175,000 PBF2 Community Recreation Center Improvements CS 44,500 - 44,500 PBF3 AACC Improvements AACC 23,000 - 23,000 Totals $ 379,500 $ 137,000 $ 242,500 Capital Improvement Program 2015 -2020 Page 40 City of Aventura PROPOSED PROJECTS 1 — CS HVAC Replacements 2015/16 $30,000 2016/17 $30,000 2017/18 $42,000 2018/19 $65,000 2019/20 $145,000 This project consists of replacing the air conditioning units at various City facilities. 2015/16 Replace 20 ton HVAC at Community Recreation Center $30,000 2016/17 Replace 20 ton HVAC at ACES $30,000 12017/18 Replace 30 ton HVAC at ACES $42,000 1 2018/19 Replace 12 ton HVAC at Community Recreation Center $30,000 Replace 3 8 -ton HVAC at ACES 357000 2019/20 Replace 20 ton HVAC at ACES $30,000 Replace 20 ton HVAC at Community Recreation Center 307000 Replace Chiller at AACC 857000 2 —CS Community Recreation Center Improvements 2018/19 $31,000 2019/20 $13,500 12018/19 Replace Gym Bleachers, Wall Padding and Curtain. 2019/20 Replace Gym Lighting with LED Lights 3 — AACC Improvements 2019/20 $23,000 I This project consists of replacing the carpet at the Aventura &Arts and Cultural Center. Capital Improvement Program 2015 -2020 Page 41 City of Aventura INFORMATION /COMMUNICATIONS TECHNOLOGY This functional category includes improvements to the City's information /communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency. There are 12 projects totaling $279787725. Policies The City's investment in information /technology projects is based on the following policies: • Continue the implementation upgrade of the Management Information System for all key City operations to automate functions and improve efficiency and productivity. • Maintain state of the art City -wide radio communications capabilities for Police operations. • Develop and maintain computerized capabilities of the various City departments and information systems. • Utilize the latest state -of- the -art technology including the use of the Internet and social media for the delivery of services. Maintain the E911 system to enhance police response times to emergencies. • Utilize the latest technology for education and teaching at the Charter School. Funding Plan Funding for the proposed Information Technology Projects will be provided by the following sources: Total Category Budget $2,978,725 Funding: General Fund Charter School Fund $179987225 9807500 Capital Improvement Program 2015 -2020 Page 42 ICT1 ICT2 ICT3 ICT4 ICT5 ICT6 ICT7 ICT8 ICT9 ICT10 ICT11 ICT12 ICT1 ICT2 ICT3 ICT4 ICT5 ICT6 ICT7 ICT8 ICT9 ICT10 ICT11 ICT12 TABLE 1 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2015/16 - 2019/20 SUMMARY BY YEAR Project T"m Police Computers Systems <$5000 Central Computer System >$5000 Radios Computer Equipment <$5000 Computer Equipment >$5000 Computer Equipment <$5000 Computer Equipment <$5000 Computer Equipment <$5000 Computer Equipment <$5000 Computer Equipment <$5000 Computer Equipment <$5000 Computer Equipment <$5000 Totals PD IT PD ACES ACES IT F CM CS CD AAC C CC $ 120,975 $ 150,375 $ 154,375 $ 160,000 170,000 235,000 40,000 20,000 - 111,500 114,000 116,500 45,000 50,000 50,000 6,000 6,000 6,000 6,000 2,000 3,000 - 4,000 - 10,000 6,300 26,900 4,500 3,500 4,000 2,000 6,000 6,000 - - 3,000 City of Aventura 198,375 $ 113,875 $ 737,975 195,000 215,000 975,000 10,000 35,000 105,000 129,500 134,000 605,500 105,000 125,000 375,000 6,000 6,000 30,000 3,000 5,000 19,000 - - 4,000 20,550 15,000 78,750 4,500 3,500 20,000 5,000 6,500 25,500 - - 3,000 $ 505,975 $ 532,175 $ 604,775 $ 676,925 $ 658,875 $ 2,978,725 TABLE 2 PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2015/16 - 2019/20 FUNDING PLAN 9 - Project Title Der Police Computers Systems <$5000 PD Central Computer System >$5000 IT Radios and E911 System PD Computer Equipment <$5000 ACES Computer Equipment >$5000 ACES Computer Equipment <$5000 IT Computer Equipment <$5000 F Computer Equipment <$5000 CM Computer Equipment <$5000 CS Computer Equipment <$5000 CD Computer Equipment <$5000 AACC Computer Equipment <$5000 CC Totals $ 737,975 General School Charter Fund Fund $ 737,975 - 975,000 975,000 - 105,000 105,000 - 605,500 - 605,500 375,000 - 375,000 30,000 30,000 - 19,000 19,000 - 4,000 4,000 - 78,750 78,750 - 20,000 20,000 - 25,500 25,500 - 3,000 3,000 - $ 2,978,725 $ 1,998,225 $ 980,500 Capital Improvement Program 2015 -2020 Page 43 City of Aventura PROPOSED PROJECTS 1 -PD Police Computers Systems < $5000 2015/16 $120,975 2016/17 $150,375 2017/18 $154,375 2018/19 $198,375 2019/20 $113,875 This project consists of purchasing computer equipment and software that utilizes the latest technology for the Police Department. 2015/16 Upgrades $57000 Replace 25 Mobile Laptops 507000 20 Desktop Computers 247000 Vehicle Modems 57600 Replace 1 Server 57000 15 Vehicle Printers 77875 5 Desktop Scanners 57000 Color Printer 17500 Replace Smart Board 77000 FTO Module OSS I 107000 2016/17 Upgrades $57000 Replace 25 Mobile Laptops 507000 20 Desktop Computers 247000 Vehicle Modems 147000 Replace 1 Server 57000 \Vehicle Printers 77875 10 EOC PCS 127000 Laptop -Rugg ized 47000 Replace Smart Board 87000 Key Track System 147000 5 Desktop Scanners 57000 Laser Printer 17500 2017/18 Upgrades $57000 Replace 25 Mobile Laptops 507000 20 Desktop Computers 247000 40 Vehicle Modems 567000 Replace Server 57000 10 Vehicle Printers 77875 Desktop Scanners 57000 Laser Printer 17500 2018/19 Upgrades $57000 Replace 25 Mobile Laptops 507000 Capital Improvement Program 2015 -2020 Page 44 City of Aventura 20 Desktop Computers 247000 Vehicle Modems 567000 Replace Server 57000 10 Vehicle Printers 77875 Desktop Scanners 57000 Replace 2 Smart Board 207000 Key Track System 147000 Laptop -Rugg ized 107000 Laser Printer 17500 2019/20 Upgrades $57000 Replace 25 Mobile Laptops 507000 20 Desktop Computers 247000 10 Vehicle Modems 147000 Replace Server 57000 10 Vehicle Printers 77875 Desktop Scanners 57000 2 Laser Printer 37000 2 -IT Central Management Information System > $5000 2015/16 $160,000 2016/17 $170,000 2017/18 $235,000 2018/19 $195,000 2019/20 $215,000 This project consists of purchasing new and replacement computer hardware and software that utilize the latest technology for the City's general information management system, which is used by all City Departments. 2015/16 Software /Licenses /Upgrades $207000 Servers/ Security /UPS /Switches 607000 AS 400 Upgrades 57000 Upgrade Phone System 57000 Upgrade Video System Solution 107000 TVMS Equipment Upgrades 607000 2016/17 Software /Licenses /Upgrades $207000 Servers/ Security /UPS /Switches 807000 AS 400 Upgrades 57000 Upgrade Phone System 107000 TVMS Equipment Upgrades 507000 Security Cameras /Recorders 57000 2017/18 Software /Licenses /Upgrades $207000 Servers/ Security /UPS /Switches 857000 AS 400 Upgrades 507000 Capital Improvement Program 2015 -2020 Page 45 City of Aventura Upgrade Phone System 107000 TVMS Equipment Upgrades 507000 Equipment for Redundant Site 157000 Security Cameras /Recorders 57000 2018/19 Software /Licenses /Upgrades $207000 Servers/ Security /UPS /Switches 707000 AS 400 Upgrades 57000 Upgrade Phone System 157000 TVMS Equipment Upgrades 657000 Security Cameras /Recorders 207000 2019/20 Software /Licenses /Upgrades $157000 Servers/ Security /UPS /Switches 707000 AS 400 Upgrades 57000 Upgrade Phone System 257000 TVMS Equipment Upgrades 507000 Security Cameras /Recorders 507000 3 -PD Radios 2015/16 $40,000 2016/17 $20,000 2018/19 $10,000 2019/20 $35,000 IThis project consists of upgrading the equipment for the 800 Mhz police radio system to I ensure astate -of- the -art system and maintain the E911 system. 12015/16 8 Mobile Radios 407000 12016/17 4 Mobile Radios 207000 12018/19 2 Mobile Radios 107000 12019/20 5 Handheld and 2 Mobile Radios 357000 4 -ACES Computer Equipment < $5,000 2015/16 $111,500 2016/17 $114,000 2017/18 $116,500 2018/19 $129,500 2019/20 $134,000 IThis project consists of the regular replacement of the computers, laptops, servers and I network infrastructure at the Aventura City of Excellence School. 12015/16 Replace 80 Laptops /Computers 967000 Capital Improvement Program 2015 -2020 Page 46 City of Aventura 21 Tablet Computers 107500 Mobile Learning Computer Lab 47000 Replace Desktop Scanner 17000 2016/17 Replace 80 Laptops /Computers 967000 21 Tablet Computers 107500 Mobile Learning Computer Lab 47000 Replace Color Laser Printer 37500 2017/18 Replace 85 Laptops /Computers 1027000 21 Tablet Computers 107500 Mobile Learning Computer Lab 47000 2018/19 Replace 95 Laptops /Computers 1147000 21 Tablet Computers 107500 Mobile Learning Computer Lab 47000 Replace Desktop Scanner 17000 2019/20 Replace 95 Laptops /Computers 1147000 25 Tablet Computers 127500 Mobile Learning Computer Lab 47000 Replace Color Laser Printer 37500 5 -ACES Computer Equipment > $5000 2015/16 $45,000 2016/17 $50,000 2017/18 $50,000 2018/19 $105,000 2019/20 $125,000 This project consists of the regular replacement of the computers and network infrastructure at the Aventura City of Excellence School that exceeds $5,000. 2015/16 Replace Network Switches and Routers 157000 Replace AV equipment and /or Smart boards 307000 2016/17 Replace Network Switches and Routers 107000 Replace 2 Servers 107000 Replace AV equipment and /or Smart boards 307000 2017/18 Replace Network Switches and Routers 157000 Phone System Upgrade 57000 Replace AV equipment and /or Smart boards 307000 2018/19 Replace Network Switches and Routers 457000 Replace AV equipment and /or Smart boards 607000 Capital Improvement Program 2015 -2020 Page 47 City of Aventura 2019/20 Replace Network Switches and Routers 207000 Phone System Upgrade 157000 Replace AV equipment and /or Smart boards 907000 6 - IT Computer Equipment < $5000 2015/16 $6,000 2016/17 $6,000 2017/18 $6,000 2018/19 $6,000 2019/20 $6,000 This project includes the replacement of existing equipment for the various employees of the department. 7 -F Computer Equipment < $5000 2015/16 $6,000 2016/17 $2,000 2017/18 $3,000 2018/19 $3,000 2019/20 $5,000 This project includes the replacement of existing equipment for the various employees of the department. 8 -CM Computer Equipment < $5000 2016/17 $4,000 This project consists of upgrading computer equipment in the Office of the City Manager. 9 -CS Computer Equipment < $5000 2015/16 $10,000 2016/17 $6,300 2017/18 $26,900 2018/19 $20,550 2019/20 $15,000 This project consists of purchasing and upgrading computer equipment in the Community Services Department and Community Recreation Center. 2015/16 Replace 5 Computers $5,000 Replace 1 ID Printer 47000 Upgrade GIS Software 17000 2016/17 Replace 4 Computers $4,000 Replace Laptop 17300 Upgrade GIS Software 17000 Capital Improvement Program 2015 -2020 Page 48 City of Aventura 2017/18 Replace 5 Computers $5,000 Replace 1 ID Printer 47000 Replace HVAC Computer 47000 Upgrade GIS Software 17000 Replace 6 CRC Computers 97900 Replace CRC Server 37000 2018/19 4 Computers $4,000 Replace 6 CRC Computers 87250 Replace 1 Laptop 17300 Replace 1 Plotter 67000 Upgrade GIS Software 17000 2019/20 4 Computers $4,000 Replace 1 ID Printer 47000 Replace 1 Scanner 17000 Replace 1 Visitor ID System 57000 Upgrade GIS Software 17000 10 -CD Computer Equipment < $5000 2015/16 $4,500 2016/17 $3,500 2017/18 $4,000 2018/19 $4,500 2019/20 $3,500 This project consists of computer upgrades, replacement printers and the implementation of field computers for code compliance and building inspections for the Community Development Department. 2015/16 Replace 3 Computers $3,000 Replace Laserjet Printers 500 Replace Desktop Scanner 17000 2016/17 Replace 3 Computers $3,000 Replace 1 Laserjet Printers 500 2017/18 Replace 3 Computers $3,000 Replace 2 Laserjet Printers 17000 2018/19 Replace 3 Computers $3,000 Replace 1 Laserjet Printers 500 Replace Desktop Scanner 17000 2019/20 Replace 3 Computers $3,000 Replace 1 Laserjet Printers 500 Capital Improvement Program 2015 -2020 Page 49 City of Aventura 11 - AACC Computer Equipment < $5000 2015/16 $2,000 2016/17 $6,000 2017/18 $6,000 2018/19 $5,000 2019/20 $6,500 IThis project consists of purchasing and upgrading computer equipment in the Arts & I Cultural Center. 2015/16 Replace Laptop /tablets 27000 2016/17 Replace 4 Computers 47000 Replace Network Switches 27000 2017/18 Replace 2 Laptop /tablets 47000 Replace Color Laser Printer 27000 2018/19 Replace 4 Computers /laptops 57000 2019/20 Upgrade Point of Sale System 67500 12 -CC Computer Equipment < $5000 2017/18 $3,000 IThis project consists of upgrading and replacing computer equipment in the City Clerk's I Office. Capital Improvement Program 2015 -2020 Page 50 City of Aventura CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS This section includes projects relating to Capital Equipment Purchases and Replacements for all operating departments. There are a total of 7 projects totaling $375237330. PnIicips The City's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to maintain the efficiency and productivity of providing municipal services to the City's residents. • Replace all present equipment that is required when they become unusable, unsafe or when maintenance costs outweigh the total cost of replacement. • Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs. Purchase more economical, fuel efficient and multi - functional vehicles. Purchase "green" or electric vehicles where practical. • Purchase new equipment that will increase productivity and reduce personnel and maintenance costs. • Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Proposed Capital Equipment Purchase And Replacement Most projects outlined in the 2015/16 to 2019/20 Capital Improvement Program are either pertaining to vehicles or operational equipment. Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as having a useful life of more than one year and a value of $5,000 or more. Equipment that has a value of $5,000 or less is also included in this document for budgetary purpose. Funding Plan Funding for the proposed Capital Equipment Purchase and Replacement Projects will be provided by annual appropriations from the General Fund: Capital Improvement Program 2015 -2020 Page 51 TABLE 1 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2015/16 - 2019/20 SUMMARY BY YEAR City of Aventura h. Tota I.. CE 1 Vehicle Purchase & Replacements PD $ 341,000 $ 323,000 $ 546,000 $ 420,000 $ 498,000 $ 2,128, 000 CE2 Equipment Purchase and Replacement >5000 PD 162,700 65,000 142,000 129,000 151,000 649,700 CE3 Equipment Purchase and Replacement <5000 PD 73,700 57,200 48,600 54,600 29,600 263,700 CE4 Equipment Purchase and Replacement >5000 CS 50,000 42,000 14,000 28,000 62,000 196,000 CE5 Equipment Purchase and Replacement <5000 CS 11,800 7,300 1,750 9,750 7,800 38,400 CE6 Equipment Purchase and Replacement >5000 AACC 27,050 49,400 55,700 35,380 60,000 227,530 CE7 Equipment Purchase and Replacement >5000 CD - 20,000 - - - 20,000 Totals $ 666,250 $ 563,900 $ 808,050 $ 676,730 $ 808,400 $ 3,523,330 TABLE 2 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2015/16 - 2019/20 FUNDING PLAN General rap Project Title.,,j Dept. # Total nomi h Fun CE1 Vehicle Purchase & Replacements PD CE2 Equipment Purchase and Replacement >5000 PD CE3 Equipment Purchase and Replacement <5000 PD CE4 Equipment Purchase and Replacement >5000 CS CE5 Equipment Purchase and Replacement <5000 CS CE6 Equipment Purchase and Replacement >5000 AACC CE7 Equipment Purchase and Replacement >5000 CD Totals $ 2,128, 000 $ 2,128, 000 649,700 649,700 263,700 263,700 196,000 196,000 38,400 38,400 227,530 227,530 20,000 20,000 $ 3,523,330 $ 3,523,330 Capital Improvement Program 2015 -2020 Page 52 City of Aventura PROPOSED PROJECTS 1 -PD Vehicle Purchase &Replacements 2015/16 $341,000 2016/17 $323,000 2017/18 $546,000 2018/19 $420,000 2019/20 $498,000 This project consists of purchasing police vehicles to accommodate new employee additions and establish a vehicle replacement program in the Police Department. 2015/16 Replace 10 Patrol Vehicles $310,000 Replace K -9 Vehicles 317000 2016/17 Replace 9 Patrol Vehicles $288,000 Replace Crime Prevention Van 357000 2017/18 Replace 14 Patrol Vehicles $476,000 Replace Crime Scene Van 357000 Replace K -9 Vehicles 357000 2018/19 Replace 10 Patrol Vehicles $350,000 Replace 2 Traffic Vehicles 707000 2019/20 Replace 10 Patrol Vehicles $350,000 Replace Crime Scene Van 387000 Replace Prisoner Van 407000 Replace Traffic Truck 357000 Replace K -9 Vehicles 357000 2 -PD Equipment Purchase and Replacement > $5000 2015/16 $162,700 2016/17 $65,000 2017/18 $142,000 2018/19 $129,000 2019/20 $151,000 This project consists of purchasing equipment for the Police Department. The following is a breakdown of the items to be replaced: 2015/16 10 Vehicle Equipment $70,000 K -9 Vehicle Equipment 107000 Message Board 127000 Replace K -9 127000 Replace 2 Marine Engines 307000 Safe Fuming Chamber 87700 Capital Improvement Program 2015 -2020 Page 53 City of Aventura Replace 2 Pole Cam 207000 2016/17 7 Vehicle Equipment $48,000 Replace K -9 127000 Crime Prevention Van Equipment 57000 2017/18 13 Vehicle Equipment $90,000 Replace Segway 107000 Crime Scene Equipment 87000 K -9 Vehicle Equipment 107000 Replace K -9 127000 Message Board 127000 2018/19 10 Vehicle Equipment $68,000 Replace Segway 117000 Replace In-Car Video 357000 2 Traffic Vehicle Equipment 157000 2019/20 10 Vehicle Equipment $70,500 Traffic Vehicle Equipment 77500 Crime Scene Equipment 87000 K -9 Vehicle Equipment 107000 Replace 2 Marine Engines 307000 Prisoner Van Equipment 257000 3 -PD Equipment Purchase and Replacement < $5000 2015/16 $73,700 2016/17 $57,200 2017/18 $48,600 2017/18 $54,600 2019/20 $29,600 2015/16 Replace 29 Ballistic Vests $37,700 Tasers & Accessories 37000 Replace 2 Digital Cameras 47000 Replace Refrigerator 17000 Replace Monitoring TVS 107000 AR Rifles & Accessories 87800 3 Glocks 17900 Replace 3 Bikes 37500 Ice Machine 37800 2016/17 Replace 21 Ballistic Vests $27,300 6 Night Vision 257000 Replace 2 Bikes 27500 Replace Dive Team Equipment 27400 Capital Improvement Program 2015 -2020 Page 54 City of Aventura 2017/18 Replace 11 Ballistic Vests $147300 AR Rifles & Accessories 137200 Repelling Gear 77600 10 Tasers 137500 2018/19 Replace 14 Ballistic Vests $18,200 2 Laser Units 4, 000 Replace Dive Team Equipment 27400 10 Swat Vests 307000 2018/20 Replace 12 Ballistic Vests $15,600 3 Glocks 27000 6 Tasers 87000 2 digital Cameras 47000 4 -CS Equipment Purchase and Replacement > $5,000 2015/16 $50,000 2016/17 $42,000 2017/18 $14,000 2018/19 $28,000 2019/20 $62,000 This project consists of the replacement of equipment that has become inefficient, defective, or unusable and to add new equipment to provide improved services in the Community Services Department. The following is a breakdown of the items to be purchased: 1 2015/16 Replace Hybrid Utility Vehicle $30,000 Replace Pickup Truck 207000 1 2016/17 Replace 2 Treadmill $12,000 Replace Hybrid Utility Vehicle 307000 12017/18 1 Electric Low Speed Vehicles 147000 12018/19 2 Electric Low Speed Vehicles 287000 2019/20 Replace Hybrid Utility Vehicle $62,000 5 -CS Equipment Purchase and Replacement < $5,000 2015/16 $11,800 2016/17 $7,300 2017/18 $1,750 2018/19 $9,750 2019/20 $7,800 Capital Improvement Program 2015 -2020 Page 55 City of Aventura This project consists of the replacement of equipment that has become inefficient, defective, or unusable in the Community Recreation Center. The following is a breakdown of the items to be replaced: 2015/16 Replace 12 Tables $2,500 Replace Crossover Machine 47500 Replace Sports Fencing Panels 37000 Replace 2 Tents 17800 2016/17 Replace 1 Recumbent Bicycle $2,500 Replace Sports Fencing Panels 37000 Replace 2 Tents 17800 2017/18 Replace Stair Climber $1,750 2018/19 Replace 10 Tables $1,750 Replace 40 Chairs 37000 Replace 2 Soccer Goals 57000 2019/20 Replace Leg Press $4,500 Replace Dip Machine 37300 6 -AACC Equipment Purchase and Replacement > $5,000 2015/16 $27,050 2016/17 $49,400 2017/18 $55,700 2018/19 $35,380 2019/20 $60,000 This project consists of purchasing equipment for the Arts &Cultural Center: 2015/16 Additional Lighting Equipment $5,000 Headset Replacement 67850 Lobby Chair Replacement 37200 Additional Wireless Lavaliere Mics 127000 2016/17 ADA Listening Devices $2,200 Seachangers for Stage Lighting 357200 Additional Wireless Lavaliere Mics 127000 2017/18 Replacement of Lobby Furniture 207700 Replacement of Projector 357000 2018/19 Replacement of Music Stands 27880 Replacement of Stage Monitors 67000 Refinish Grand Piano 67500 Additional Outdoor Lighting 207000 Capital Improvement Program 2015 -2020 Page 56 City of Aventura 2019/20 Replace Cyclorama $5,000 Replace Audio /Lighting Consoles 407000 Replace of Dance Floor 157000 7 -CD Equipment Purchase and Replacement > $5,000 2016/17 $20,800 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: 2016/17 Pickup Truck $20,800 Capital Improvement Program 2015 -2020 Page 57 City of Aventura Now- Capital Improvement Program 2015 -2020 Page 58 CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: Eric M. Soroka, ICMA -=77�� FROM: Enid Weisman, Mayor DATE: June 2, 2015 SUBJECT: Recreational Drones Please place on the June Workshop Meeting Agenda a request to discuss Recreational Drones and what can be done to protect our residents' privacy. Bill Text FL S07JS 120151 Base. seems l lmolud l useStm .n,; ocan stator: O Wet — m warn. Bill Number: F- F"d a' evaOt bill m6e.. Full Text Search: I seei till tea[ FM cola. [IMPI Reset Lagiaean Trends Vim Top 50 National NY A02085 Relates to public auto insurance claims. HI SB524 County of Hawall; Prosecuting Attorney) Appropriation; Grant -In- Aid is... CO SCRO02 Ballot Procedure Citizen- initiated Amendments MN HF1582 Body piercing technician license requirements modified. NO HU36 Establishes the 'Campus Free Expression Act. Tx HB1263 Relating to the regulatbn of the practice of physical therapy. OR HB3291 Relating to educational partnerships; declaring an emergency. CA AB129 budget Art of 2015. WV HCR28 The USMC Cpl Marple W. Landes and US Amur PV2 Margot S. landas Memorial... ND 2031 The renomination of state aid payable to school districts, school district... LeglSeen Info Documentation Le9i5cen API Bill Text: FL S0766 1 2015 1 Regular Session Enrolled © © ® O M Florida Senate Bill 766 (Adjourned Sine Die) FL State Legislature page for 50766 Summary Sponsors Texts Votes Research Comments Introduced Comm Sub Comm Sub Engrossed Enrolled Bill Title: Surveillance by a Drone Spectrum: Slight Partisan Bill (? 2 -1) Status: (Engrossed) 2015 -04 -28 - Ordered enrolled [50766 Detail] Download: Florida- 2015 - 50766- Enmiled.html .Lt. 2015 Legislature CS for C9 for 9e 766, let Engrossed 2n15766er 1 R An act relating to surveillance by a drove; amending 3 S. 934.50, r.S.; defining terms; prohibiting a person, 4 a state agency, or a political subdivision from using 5 a drone to capture an image of privately owned real 6 property or of the owner, tenant, o cupent, invitee, 7 or licensee of such property with the intent to 8 conduct surveillance without his or her written 9 consent if a reasonable expectation of privacy exists; 10 specifying when a reasonedule expectation of privacy 11 may be presumed; authorizing the use of a drone by a 13 person o r entity engaged i a bueineea or profession 13 licensed by the state in ertain circumstances; 14 authorizing the use of a drone by an employee or 15 Contrector of a property, appraiser for the purpose of 16 assessing property for ad valorem taxation; 17 Authorizing the u a of a drone by or ort behalf of 18 ertain utilities for specified purposes; authorizing 19 the use of a drone for aerial mapping under certain 20 metances; authorizing the use of a drone for 21 delivering cargo under certain circumstances; 22 authorizing the use of a drone to Capture certain 23 images user certain circumstances; providing that an 24 owner, tenant, o c cupan e, t, invite or licensee may 25 initiate a civil action for compensatory damages oral hpps: lib& surtcoMPLAaxV50 T662015I5 /Sr10151:24:25 PMI BBI Text: FL SO7606120151 R<gWm Session l EvDHW I IsVStan • Legislation 101 26 may seek injunctive relief against a person, a state • On Bill Numbers 27 agency, o a political subdivision that violate. the • One Vote Zips 28 act; providing for C ... truction; providing for the • Seamh Help 29 recovery of attorney fees and punitive damage.; • State Support 30 specifying that r mediae provided by the act are 31 cumulative to other remedies; providing an effective • Download D.1asets 32 date. 33 34 Be It Emcted by the Legislature of the State of Florida: 35 36 Section 1. Section 934.50, Florida Statute., I. amended to 3] read: 38 934.50 Searches and a ne.— using a dra 39 (l) SHORT TITLE. —This act may be cited ae the `Freedom from 40 Unwarranted Surveillance Act, 41 (2) DEFINITIONS. —A. teed in this act, the term: 42 (a) -Drone" means a powered, aerial vehicle that: 43 1. Does not carry a human Operator; as 2. Uses aerodynamic forces to provide vehicle lift; 45 3. Can fly autonomously or he piloted remotely; 46 4. Can be expendable or recoverable; and 47 5. Can carry a lethal or nonlethal payload. 4e 9 other Beves. 50 51 52 ;sd on 53 54 as 56 57 jQj_{ 'Law enforcement agency- means a lawfully 58 established state or local public agency that is responsible for 59 the prevention end detection of crime, local government code 60 enforcement, and the enforcement of penal, traffic, regulatory, 61 game, o controlled substance laws. 62 lel lln 63 64 65 66 67 68 69 ]0 ]1 72 (3) PROHIBITED ME OF DRONES. — ]3 _UL_ A law enforcement agency may not use a drone to gather 74 evidence or other information. ]5 ]6 ]] ]8 ]9 80 81 wilhoul i. 02 If this 111ti-- 83 84 es 86 B] fmm 1hn + IM1n , ni a Amnr. 88 (4) EXCEPTIONS.—This ...turn eel does not prohibit the use 89 of a drone: 90 (a) TO Counter a high risk of a terrorist attack by a 91 specific individual or organization if the United States Mrys:ln<guun<oMFLncxV50]661Z01 s15 /sf201s L] 15 P BJI Tait R S07P4120151 R"W4r Session I Enrolled I keg15cen 100 101 102 103 104 105 106 307 109 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 131 138 139 140 141 142 143 144 145 146 141 148 149 150 151 152 153 154 155 156 Secretary of Homeland Security determine. that credible intelligence indicates that there is such a risk. (b) If the law enforcement agency first obtains a earch warrant signed by a judge authorizing the use of a drone a (c) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the inuitent escape of a suspect or the destruction of evidence, or to achieve puryoses Including, but not limited to, facilitating the search fora missing person. Atithnri-d Bring of -11- Jorlodiiii ht-nina information tl vrin if AVfar ➢tlm BVinH nn Mini ni cl r'n1 undeY fetlnr'nl n el n�i do lnv. (5) REMEDIES FOR VIOWTION.- _igL An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this Serfinn aee. Mp: l/ ICgixm. caMFUluVg076W2015(U520151:21:25 PFI( BM TM R S0766 12015 1 Regular ctio Sen I F fled lLgISGM 157 the discretion of the trial c vR. 158 159 160 161 cheoter 7 112 163 169 (6) PROHIBITION ON V56 OP EVI0ENCE.— Evidence obtained or 165 collected in violation of this act is not edmieeible as evidence 166 in a criminal prosecution in any court of law in this state. 161 Section R, This act shall take affect Sul, 1, 2a15 hllW4c,dcM.wO LfleNS09662015[5,5201512 4 :15 PM( Weiss Serota Helfman Cole & Bierman, P.L. Memo To: Eric M. Soroka, City Manager From: James White, Esq., and David M. Wolpin, Esq., City Attorney's Office Date: June 16, 2015 Re: Regulation of unmanned aircraft systems ( "UAS" or "Drones ") QUESTION: Can the City regulate the use and operation of UAS /Drones? SHORT ANSWER: The City is likely preempted from regulating UAS /Drones, and regulation is likely to draw a challenge. This memorandum provides relevant background information related to unmanned aircraft systems ( "UAS" or "Drones ") and addresses issues concerning the scope and legal authority of municipal regulations under federal and state law. I. Backizround Drones are unmanned aircraft, capable of being operated remotely or autonomously on a preprogrammed path. A drone can be the size of a mosquito or as large as a commercial airplane.' Additional Drone features and functions include thermal scanners, license plate readers, tracking, crop dusting, and an array of continuously developing technologies.' The Federal Aviation Administration (the "FAA ") authorized Drones as far back as 1990 for a broad array of domestic uses by governmental entities including firefighting, disaster relief, search and rescue, law enforcement, border patrol, and scientific research.' In recent years, the use of Drones by members of the public (in addition to governmental agencies) has increased, for both commercial and recreational purposes. Taly Matiteyahu, 48 COLUM. J.L. & SOC. PROBS. 265, 1 (Winter, 2015). ' /d. s FAA, Fact Sheet — Unmanned Aircraft Systems (UAS) (Feb. 15, 2015). Presently, the use of a Drone for commercial operation is prohibited unless the Drone operator has received prior approval from the FAA through one of three certificate programs.4 All public (governmental) Drone operators must go through the Public Certificate of Authorization (COA) process.5 However, recreational users (model aircraft operators) do not need permission from the FAA to fly.6 While the number of authorized commercial operators is still relatively small, the FAA continues to grant more regulatory exemptions. It is anticipated that the number of exemptions will greatly increase as the FAA is nearing completion of an initial rule related to the use of small (under 55 pounds) Drones, pursuant to the FAA Modernization and Reform Act of 2012.8 The rule would allow "routine use of certain small unmanned aircraft systems," clearing the way for much wider commercial use of Drones by the private sector.9 The draft rule for small Drones was released on February 15, 2015, opening a 60 -day period for public comment prior to finalization of the rule. 1 II. Federal Law The federal government, through the FAA, has authority over the regulation of "aircraft. "11 The FAA has taken the position that Drones are aircraft under the broad definition of "aircraft" under federal law, which is defined as "a device that is used or intended to be used for flight in the air." As the Supreme Court explained more than 40 years ago in an opinion invalidating a locally imposed curfew on aircraft noise, "a uniform and exclusive system of federal regulation" is required "if the congressional objectives underlying the Federal Aviation Act are to be fulfilled. ,12 Pursuant to federal law, the FAA is authorized to issue "air traffic regulations" for: (A) navigating, protecting, and identifying aircraft; (B) protecting individuals and property on the ground; (C) using the navigable airspace efficiently; and (D) preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects13 4 FAA, Civil Operations (Non - Governmental), http: / /www.faa.gov /uas /civil_operations/ (Page last modified Mar. 4, 2015). 5 FAA, Unmanned Aircraft Systems — Frequently Asked Questions, http: / /www.faa.gov /uas /faq/ (Page last modified Mar. 4, 2015). 6 FAA, Model Aircraft Operations, http: / /www.faa.gov /uas /model aircraft/ (Page last modified Mar. 4, 2015). ' FAA, FAA Grants Eight More UAS Exemptions, http: / /www.faa.gov /news /updates / ?newsld =81565 (Page last modified Feb. 3, 2015). 8 Office of the Press Secretary, The White House, Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems (Feb. 15, 2015). ' FAA, Press Release — DOT and FAA Propose New Rules for Small Unmanned Aircraft Systems (Feb. 15, 2015). io Id. " See Federal Aviation Act of 1958, P.L. 85 -726; 126 Stat. 737 (1958) 12 See City ofBurbank v. Lockheed Air Terminal, Inc., 411 U.S. 624, 639 (1973) (emphasis added). 13 See 49 U.S.C. § 40103(b)(2). 2 The FAA has a statutory mandate to regulate the navigable airspace of the United States. In 2012, when Congress passed the FAA Modernization and Reform Act (the "FMRA "), it extended this statutory mandate to UAS /Drone operations, specifying that the FAA must develop a plan for integrating UAS /Drones into the existing regulatory framework. 14 These regulations must provide for this integration "as soon as practicable, but not later than September 30, 2015. "15 M. Current FAA Regulations of Navigable Airspace A. Fixed -Wing Aircraft FAA regulations define the minimum safe operating altitudes for different kinds of aircraft. Generally, outside of takeoff and landing, fixed -wing aircraft must be operated at an altitude that allows the aircraft to conduct an emergency landing "without undue hazard to persons or property on the surface." 16 In a congested area, the aircraft must operate at least 1, 000 feet above the highest obstacle within a horizontal radius of 2, 000 feet of the aircraft. ' The minimum safe operating altitude over non - congested areas is "500 feet above the surface. "18 Over open water or sparsely populated areas, aircraft "may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. "19 Navigable airspace is defined by statute as the airspace above the minimum safe operating altitudes, including airspace needed for safe takeoff and landing. 20 B. Helicopters While a fixed -wing aircraft is subject to specific minimum safe operating altitudes based on where it is flying, regulation of helicopter minimum altitudes is less rigid. According to FAA regulations, a helicopter may fly below the minimum safe altitudes prescribed for fixed -wing aircraft if it is operated "without hazard to person or property on the surface. "21 As such, arguably a helicopter may be lawfully operated outside the zone defined by statute as navigable airspace. 22 "FAA Modernization and Reform Act of 2012, P.L. 112 -95, § 332(a)(1), 126 Stat. 73 (2012). 15 Id. at §332(a)(3). It is important to note the FAA is behind schedule and this deadline is unlikely to be met, as the proposed rule "Operation and Certification of Small Unmanned Aircraft Systems" was released on Feb. 15, 2015. 16 14 C.F.R. § 91.119(a). 17 Id. at § 91.119(b). 18 Id. at § 91.119(c). 19 Id 20 49 U.S.C. § 40102(32). 21 14 C.F.R. § 91.119(d) (providing that there is no minimum elevation for operations by helicopters and certain other categories of manned aircraft so long as the "operation is conducted without hazard to persons or property on the surface "). 22 See People v. Sabo, 185 Cal. App. 3d 845, 852 (1986) ( "While helicopters may be operated at less than minimum altitudes so long as no hazard results, it does not follow that such operation is conducted within navigable airspace. The plain meaning of the statutes defining navigable airspace as that airspace above specified altitudes compels the conclusion that helicopters operated below the minimum are not in navigable airspace. The helicopter hovering above the surface of the land in such fashion as not to constitute a hazard to persons or property is, however, lawfully operated. "). 3 C. UAS/Drones In 2007, the FAA issued a policy notice, stating "no person may operate a UAS in the National Airspace without specific authority. "23 Therefore, currently all UAS /Drone operators who do not fall within the "recreational use" exemption discussed below must apply directly to the FAA for permission to fly. 24 1. Public and Civil Operators Drones operated by federal, state, or local agencies must obtain COA from the FAA.2' After receiving COA applications, the FAA conducts a comprehensive operational and technical review of the drone and can place limits on its operation in order to ensure its safe use in airspace. 26 2. Recreational Users /Operators a. Model Aircraft Operations Historically, the FAA has considered model aircraft to be aircraft that fall within the statutory and regulatory definitions of an aircraft.27 As aircraft, these devices generally are subject to FAA's oversight and enforcement. However, consistent with FAA's enforcement philosophy, FAA's oversight of model aircraft has been guided by the risk that these operations present. The FAA first recognized in 1981 that "model aircraft can at times pose a hazard to full -scale aircraft in flight and to persons and property on the surface," and recommended a set of voluntary operating standards for model aircraft operators to follow in order to mitigate these safety risks. 28 The current statutory parameters for model aircraft operations are outlined within section 336 of the FMRA.29 Model aircraft operations are for hobby or recreational purposes only. Individuals who fly within the scope of these parameters do not require FAA permission to operate their UAS /Drone. However, any flight outside these parameters (including any non - hobby, non - recreational operation) requires FAA authorization. For example, using a UAS /Drone to take photos for your personal use is recreational; using the same device to take photographs or videos for compensation or sale to another individual would be considered a non - recreational operation. 23 FAA, "Unmanned Aircraft Operations in the National Airspace System," 72 Fed. Reg. 6689 (Feb. 13, 2007). 241d. 251d. 26 See generally FAA "Unmanned Aircraft Systems," available at http:// www. faa. gov /about/initiatives /uas /cert/. 27 See 49 USC § 4012 28 See FAA, Model Aircraft Operating Standards, Advisory Circular 91 -57 (June 9, 1981). 29 FAA Modernization and Reform Act of 2012, Pub. L. No. 112 -95, § 336, 126 Stat. 73 (2012). 4 Individuals flying for hobby or recreational purposes are strongly encouraged to follow safety guidelines: Fly below 400 feet and remain clear of surrounding obstacles Keep the aircraft within visual line of sight at all times Remain well clear of and do not interfere with manned aircraft operations Do not fly within 5 miles of an airport unless you contact the airport and control tower before flying Do not fly near people or stadiums Do not fly an aircraft that weighs more than 55 pounds Do not be careless or reckless with your unmanned aircraft — you could be fined for endangering people or other aircraft.3o On June 18, 2014, the FAA issued a notice of interpretation of the special rule for model aircraft established by Congress pursuant to FMRA. In this interpretation, the FAA clarifies that: model aircraft must satisfy the criteria in FMRA to qualify as model aircraft and to be exempt from future FAA rulemaking action; and consistent with FMRA, if a model aircraft operator endangers the safety of the National Airspace System (the "NAS "), the FAA has authority to take enforcement action against those operators for safety violations. 31 Under this interpretation, the FAA provides specific references to their regulation of low - altitude operations and states: "Reading the broad reference to the NAS, along with Congress' clear interest in ensuring that model aircraft are safely operated, we conclude that Congress intended for the FAA to be able to rely on a range of our existing regulations to protect users of the airspace and people and property on the ground. Therefore, regardless of whether a model aircraft satisfies the statutory definition and operational requirements described above, if the model aircraft is operated in such a manner that endangers the safety of the NAS, the FAA may take enforcement action consistent with Congress' mandate. "32 3. Commercial Users /Operators All public operators, or private commercial operators, must receive prior approval from the FAA through one of three certificate programs. 33 These certificates have been issued on a limited basis for flight tests, demonstrations, and training. Currently, there is no other method of 31 See Federal Aviation Administration Model Aircraft Operations, http: / /www.faa.gov /uas /model_ aircraft/ (Page last modified Mar. 4, 2015). The FAA advises that model aircraft should operate at elevations below 400 feet, which indicates that the agency's jurisdiction extends to manned and unmanned aircraft no matter what height they operate See also Pub. L. 112 -95, § 334(c)(2)(C)(ii) (directing the FAA to establish standards for the operation of public UAVs at elevations below 400 feet); 14 C.F.R. § 91.119(d) (providing that there is no minimum elevation for operations by helicopters and certain other categories of manned aircraft so long as the "operation is conducted without hazard to persons or property on the surface "). 3 See FAA Notice of Interpretation of Special Rule for Model Aircraft, June 18, 2014. 3z Id at pages 15 -16. 33 See FAA, Civil Operations (Non- Governmental), available at http: / /www.faa.gov /uas /civil_operations /(Page last modified Mar. 4, 2015) 5 obtaining FAA approval to fly UAS /Drones for commercial purposes. As evidenced by the recent issuance of the proposed rule for small UAS /Drones, it appears these restrictions may be relaxed in future years, since the FAA has been instructed to issue rulemaking necessary to implement the integration of civilian UAS /Drones into the national airspace.34 A legal question of first impression concerning FAA jurisdiction over commercial use of UAS /Drones, or whether such use fell within the model aircraft exemption, has now been settled. On November 18, 2014, the National Transportation Safety Board ( "NTSB "), reversed a lower jurisdictional administrative decision, and held that a UAS /Drone was an "aircraft" subject to FAA regulation even though a UAS /Drone might also be a "model aircraft" under FMRA.35 In addition, the NTSB held that Title 14 of the Code of Federal Regulations, section 91.13(a), which prohibits careless or reckless operation of aircraft, applies to remote operation of a USA/Drone.36 On February 15, 2015, the FAA issued their proposed regulation, titled "Operation and Certification of Small Unmanned Aircraft Systems" (the "Proposed Rule ") . 37 The Proposed Rule provides for a number of operational limitations, which include the following: UAS /Drones must be under 55 pounds; Flights must take place during daylight hours; Flights must take place within a visual line of sight of the operator; Operators may work with a visual observer, but the operator still must be able to maintain a visual line of sight; UAS /Drones may not be flown over individuals who are not involved in the flight; The UAS /Drone must be registered and aircraft markings are required; Operators must be at least 17 years old, pass an aeronautical knowledge test, hold an FAA UAS operator certificate, and pass a TSA background check; Aeronautical knowledge testing must be renewed every 24 months (no private pilot license or medical rating would be required); Operators must ensure their aircraft is safe for flight (a preflight inspection conducted by the operator, checking communications links and equipment will be sufficient); Operators must report an accident to the FAA within 10 days of any operation that results in injury or property damage; UAS /Drones may not be used in a "careless or reckless" manner; and Operators may not drop any object from a UAS /Drone.38 34 P.L. 112 -95, § 332(2). 35 See Administrator v. Pirker, NTSB Order No. EA -5730 (2014) at 7. 36 Id. 37 See Operation and Certification of Small Unmanned Aircraft Systems, (proposed Feb. 15, 2015) available at http: // www .faa.gov /regulations _policies/ rulemaking / recently _published /media/2120 -AJ60 NPRM 2-15 - 2015_joint_signature.pdf (last visited March 3, 2015). 38 Id.; See also FAA, "Overview of Small UAS Notice of Proposed Rulemaking," available at http: // www. faa. gov /regulations_policies /rulemaking/media/021515_ sUAS_Summary.pdf (last visited March 27, 2015). 6 IV. Preemption of State and Local Government ReLyulations The increased presence of UAS /Drones in domestic airspace presents issues of potential federal preemption of state and local efforts to regulate various aspects of UAS /Drone operations. The doctrine of preemption derives from the Supremacy Clause of the Constitution, which states that federal law, treaties, and the Constitution are the "supreme Law of the Land." 39 A federal law may preempt state or local action in one of three ways: if the statute expressly states its intent to preempt state or local action (express preemption); if a court concludes that Congress intended to occupy the regulatory field, implicitly preventing state or local action in that area (field preemption); or if the state or local action directly conflicts with or frustrates the purpose of the federal provisions (conflict preemption),ao Congress vested sole responsibility for the aviation industry and domestic airspace with the federal government in the Federal Aviation Act of 1958.41 In general, state and local regulation concerning aviation safety, airspace management, and aviation noise are preempted by federal laws and regulations. 42 Case law interpreting the Federal Aviation Act of 1958 typically emphasizes that local regulation of safety matters is preempted. However, in City of Burbank v. Lockheed Air Terminal, Inc., the Supreme Court made clear that local requirements affecting not only safety, but also aircraft operations, are generally preempted if those matters are the subject of specific FAA regulations. 43 In City of Burbank, the Supreme Court struck down the city's regulation which prohibited planes from taking off during certain hours of the day as preempted by federal law. 44 Expressing its concern regarding local control of airspace, the Court stated, "If we were to uphold the Burbank ordinance and a significant number of municipalities followed suit, it is obvious that fractionalized control of the timing of takeoffs and landings would severely limit the flexibility of the FAA in controlling air traffic flow. "45 39 See U.S. CONST. art. VI, cl 2. 41 See, e.g., Crosby v. Nat'l Foreign Trade Council, 530 U.S. 363, 373 (2000); English v. Gen. Elec. Co., 496 U.S. 72, 78 -79 (1990); Schneidewind v. ANR Pipeline Co., 485 U.S. 293, 300 (1988). 41 P.L. 85 -726; 72 Stat. 737 (1958). 42 See, e.g., City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624 (1973); Abdullah v. American Airlines, Inc., 181 F.3d 363 (3`d Cir. 1999); San Diego Unified Port Dist. v. Gianturco, 651 F.2d 1306 (9 Cir. 1981); Price v. Charter Township, 909 F. Supp. 498 (E.D. Mich. 1995). " See City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624, 633 -34 (1973) (quoting Nw. Airlines, Inc. v. Minnesota, 322 U.S. 292, 303 (1944) (Jackson, J., concurring) ( "Federal control is intensive and exclusive. Planes do not wander about the sky like vagrant clouds. They move only by federal permission, subject to federal inspection, in the hands of federally certified personnel, and under an intricate system of federal commands. The moment a ship taxis onto a runway, it is caught up in an elaborate and detailed system of controls "). See also Airport Compliance Manual, FAA Order 5190.6B, § 13.2(a)(1) ( "[t]he federal government has preempted the areas of airspace use and management, air traffic control, safety, and the regulation of aircraft noise at its source "). 44 City of Burbank, 411 U.S. at 639. as Id. (emphasis added) 7 A subsequent case of interest is Banner Advertising, Inc. v. City of Boulder,46 in which the Colorado Supreme Court held a municipal regulation prohibiting banner towing was preempted, noting the FAA not only had "control over the general activities of aircraft in flight, " but also "exercises pervasive control over the specific act of banner towing. ,47 Similarly, other courts have recognized the federal government's broad preemption powers pursuant to the Federal Aviation Act of 1958. For example, in Blue Sky Entertainment, Inc. v. Town of Gardiner, a local government's efforts to regulate parachute jump sites, insurance, and other related elements of skydiving operations were invalidated by a federal district court based upon the implied preemption doctrine, which noted "that the FAA views its authority as pervasive in the realm of parachute jumping. ,48 Likewise, in Price v. Charter Township of Fenton, another federal district court held regulations that limited the frequency of commercial operations at the local airport was also preempted.49 More recently, in the case of USA irways v. Donnell, the U.S. Court of Appeals for the Tenth Circuit held, based upon the Federal Aviation Act of 1958, that New Mexico could not require airline company compliance with the state's alcoholic beverage regulations in order to serve alcohol in-flight. 50 V. Local Government Regulation Although a number of states and a handful of local governments have passed or are considering regulations of UAS /Drones operations, the extent to which state and local governments may regulate UAS /Drone operations without being preempted by federal law will ultimately depend upon the final adopted federal rule, the nature and scope of the state and local government regulations, and a reviewing court's analysis of whether Congress intended to "occupy the field" of regulation on that issue. The Court has determined that field preemption can be inferred when "the pervasiveness of the federal regulation precludes supplementation by the States, where the federal interest in the field is sufficiently dominant, or where the object " 868 P.2d 1077 (Colo. 1994). 47 Id. at 1082 (emphasis added; citing 14 C.F.R. § 91.311). See also Letter to Don Marcostica from Rebecca B. MacPherson, FAA Assistant Chief Counsel (July 9, 2010), reprinted at 8 Fed. Av. Decisions I -725 (opining that a locality could not deny a permit to conduct filming operations using manned helicopters, citing the FAA's "pervasive and exclusively federal regime over management and use of the navigable airspace, safety, noise, and aircraft operations. ... Local jurisdictions do not have authority to regulate the use of navigable air -space or the safety of flight operations and local actions to do so would raise preemption questions "). " See Blue Sky Entertainment, Inc. v. Town of Gardiner, 711 F. Supp. 678, 693 (N.D.N.Y. 1989) (citing 14 C.F.R. pt. 105) (emphasis added).. 49 See Price v. Charter Township ofFenton, 909 F. Supp. 498 (E.D. Mich. 1995). 51 See USAirways v. Donnell, 627 F.3d 1318, 1327 (10th Cir. 2010) (citing 14 C.F.R. § 121.575). The court did frame the issue as being one of safety; the regulation cited safety concerns in its legislative history, although not in its body. But the court also interpreted the concept expansively, joining other courts in finding that "the comprehensive regulatory scheme promulgated pursuant to the FAA evidences the intent for federal law to occupy the field of aviation safety exclusively." 8 sought to be obtained by the federal law and the character of obligations imposed by it reveal the same purpose. "51 It is important to note that neither the FAA nor the courts have addressed the issue of whether state or local government regulations regarding UAS /Drone operations are preempted under the Federal Aviation Act of 1958 or FMRA. However, as previously referenced in this memorandum, the FAA's notice of interpretation of the special rule for model aircraft pursuant to FMRA, does provide some insight and guidance as to the FAA's broadly asserted regulation of low - altitude operations. 52 Pursuant to federal law, the FAA is charged with ensuring the safe and efficient use of the NAS. This authority generally preempts any state or local government from enacting a statute or regulation concerning matters regarding airspace regulation reserved exclusively to the U.S. Government. For example, a state law or regulation that prohibits or limits the operation of an aircraft, sets standards for airworthiness, or establishes pilot requirements generally would be preempted. But state and local governments do retain authority to limit the aeronautical activities of their own departments and institutions. Under most circumstances, it would be within state or local government power to restrict the use of certain aircraft, including a UAS /Drone, by the state or local police or by a state department or university. 53 VI. 2015 Florida Legislation A. The Freedom from Unwarranted Surveillance Act In 2013, the Legislature enacted the Freedom from Unwarranted Surveillance Act (the "Act" ).54 The Act regulates the use of Drones by law enforcement agencies and provides a civil remedy for an aggrieved party to obtain relief in the event the Act is violated. While the Act prohibits a law enforcement agency from using a Drone to gather evidence or other information, subject to certain exceptions, it does not restrict the use of Drones to engage in surveillance by private actors. On April 23, 2015, the Florida Senate passed CS /CS /SB 766. Subsequently, the companion CS/CS/CS/H13 649 passed the House on April 28, 2015, as CS /CS /S13 766. The new bill was presented to the Governor on May 7, 2015, and was subsequently signed on May 14, 2015. The effective date of the new law is July 1, 2015. The new law amends the Act to prohibit a person, state agency, or political subdivision from using a Drone equipped with an imaging device to: 51 Schneidewind, 485 U.S. at 300 (emphasis added). 52 See FAA Notice oflnterpretation ofSpecial Rule for Model Aircraft, June 18, 2014. 53 See FAA, Fact Sheet- Unmanned Aircraft Systems (UAS), January 6, 2014. 14 See 934.50, Fla. Stat. 9 Record an image of privately owned real property or the owner, tenant, occupant, invitee, or licensee of such property; With the intent to conduct surveillance on the individual or property in violation of such person's reasonable expectation of privacy; and Without that individual's written consent. The bill defines the terms "image," "imaging device," and "surveillance" and creates a presumption that a person has a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a Drone. However, the new bill creates limited exceptions to the above - described prohibition for the following: A person or entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor of such person or entity only if the Drone is used to perform reasonable tasks within the scope of practice or activities permitted under such person's or entity's license; An employee or contractor of a property appraiser; An electric, water, or natural gas utility; Aerial mapping; Cargo delivery purposes; and Capturing images necessary for the safe operation or navigation of a Drone that is being used for a purpose allowed under federal or Florida law. Additionally, the bill creates a civil remedy authorizing an aggrieved party to seek compensatory damages and injunctive relief against a person, state agency, or political subdivision that violates the above described prohibition. The prevailing party in such civil actions is entitled to recover reasonable attorney fees from the non - prevailing party and may recover punitive damages against a person (but not a state agency or political subdivision) who violates the above - described prohibition. VII. Other Existing State Law May Be Used To Address Privacy Issues Concerning UAS/Drone Use And Operations A. Voyeurism Pursuant to Section 810.14, F.S., voyeurism is prohibited. The statute provides: (1) A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy. (2) A person who violates this section commits a misdemeanor of the first degree for the first violation, punishable as provided in s. 775.082 or s. 775.083. 10 (3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) For purposes of this section, a person has been previously convicted or adjudicated delinquent of a violation of this section if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense. The proof issues associated with a voyeurism charge admittedly may be difficult but, if there is enough evidence for a viable case, the perpetrator could receive jail time under the state law. B. Wiretapping Section 934.03, F.S., restricts people from intentionally intercepting wire, oral, or electronic communications. This statute in its current form appears applicable to Drones. However, the protection from the statute is qualified by the requirement that a victim has a reasonable expectation of privacy. 55 VIII. Conclusion The extent to which the FAA final rule will preempt state and local government regulations is unclear. The Proposed Rule is premised upon safety and security, but is silent on issues relative to privacy. The FMRA, coupled with the FAA's statutory mandate suggests that the FAA may have the authority to regulate UAS /Drones at any altitude, even in airspace below 400 feet. Although, FMRA does not contain an express preemption clause, it logically appears the FAA will assert the broad position that regulation of the NAS is reserved exclusively to the federal government. Under existing case law, it seems reasonable that a reviewing court may likely find state or local regulations of UAS /Drone operations to be impermissible, based upon current federal law, the general scope of FAA authority, and its current and mandated future oversight of the NAS. Also, it is important to note that Florida is positioning itself to be a leader in Drone innovation. It is one of six states used as a test site by the FAA and there is likely already a sizable industry lobby ready to attack state or local regulations that may infringe on what is seen by some as a technology and business expansion opportunity for Florida. The public universities, including OF and FIU, have their own Drone programs and are also invested in the success of the industry within the state. In short, there is significant interest in both the commercial and recreational applications of this technology, and the adoption of such local regulations would be of concern to the emerging industry and might lead to a legal challenge. ss Jatar v. Lamaletto, 758 So. 2d 1 167, (Fla. 3d DCA 2000). 11 Existing state law, including the recently enacted 2015 Legislations' restricting the use of Drones to engage in surveillance by private actors, may be utilized to regulate privacy concerns and issues that the City and its residents are currently experiencing as a result of the private recreational use and operation of UAS /Drones. Additionally, the City Commission may consider directing further review and analysis by the City Attorney, including authorizing a request by the City Attorney to the Florida Attorney General for an opinion, as to the City's authority to adopt an ordinance which provides a civil fine sanction pursuant to code enforcement for any conduct that would trigger a cause of action under the 2015 Legislation. Please advise us if there on any questions on this matter. 56 See 934.50, Fla .Stat. Also, recent press indicates new drone privacy law may create a wave of litigation for insurance and construction companies that use drones for aerial surveying and also trigger First Amendment challenges from news organizations. 12 CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: Eric M. Soroka, ICMA -CM, City Manager FROM: Commissioner Denise Landman DATE: June 2, 2015 SUBJECT: Request to have Resolution Prepared Supporting FDOT's Concept 1 Design for the NE 203 St/ Biscayne Boulevard Intersection Improvements Please place on the June Workshop Meeting Agenda a request to have staff prepare a Resolution supporting FDOT's Concept 1 Design for the NE 203 St/ Biscayne Boulevard intersection improvements and requesting the State to expedite funding, design and construction. Thank you. y ti ) 4 e l CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: Eric M. Soroka, ICMA -CM, City Manager FROM: Commissioner Denise Landman DATE: June 11, 2015 SUBJECT: Good Government Initiative Class V I have been accepted into the Good Government Initiative's Class V. This program requires an application and interview process, and I was selected as part of a small group of elected officials from all over South Florida to participate. The main focus of the Good Government Initiative at the University of Miami is to provide leadership development and education for elected officials — a 60 -hour certificate program that takes place from late August to November each year. I have received a partial scholarship of $875, which covers half of the cost of the program, and I would like to request approval from the Commission for the City to cover the other 50 %, or remaining $875. Please place this request on the June Workshop Meeting Agenda. Thank you.