03-21-2017 Workshop AgendaThe City ®f
CityCommission
iventuraA
Workshop Meeting
__ ,,
March 21, 2017
MMO
9 A.M.
19200 west country Club Drive Aventura, FL 33180
Executive Conference Room
AGENDA
1. Charter High School Update (City Manager)**
2 Stormwater Master Plan Update (City Manager) **
3. Proposed Land Development Regulations Revisions (City
Manager) *
4. Citizens' Independent Transportation Trust Update (City
Manager) **
5. Community Services Advisory Board Recommendations*
6. Proposed Resolution Opposing HB 17 - Preempting Local
Regulation of Businesses*
7. Adjournment
* Back-up Information Exists
** PowerPoint
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.
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, I
City Manager
BY: Joanne Carr, AICP `4
Community Developmen�:iirector
DATE: March 17, 2017
SUBJECT: Proposed General Housekeeping Updates to the City Code
March 21, 2017 City Commission Workshop
City staff is recommending general housekeeping updates to the City Code. These
updates are recommended for consistency with recent changes in legislation, for
clarification of Code provisions and for facilitation of development review. The specific
proposals are as follows:
1. Chapter 31, Article II, Section 31-21, Definitions, Amendment to Open Space
Definition
The current definition of "Open Space" in Section 31-21 provides that open space is
any area of land and/or water which is open and unobstructed from the ground to the
sky, including wetland mitigation areas and areas maintained in a natural and
undisturbed character. It does not include areas covered with buildings, parking areas,
driveways and other paved areas.
The "open and unobstructed from the ground to the sky" language precludes counting
rooftop gardens and above ground landscaped patio areas as part of open space, while
these areas are encouraged as part of the City's Green Building Program and function
as open space amenities for residents, users and occupants of buildings in an urban
setting.
The exception is the development standard in the Office Park (OP) zoning district which
currently provides that 50% of roof decks and other above grade surfaces which are
provided and maintained for the common benefit of all occupants of the building may be
included in the calculation of required open space.
Staff recommends that the definition of open space be amended to provide that 50% of
the area of any landscaped rooftop or above ground patio areas be counted as part of
open space for all zoning districts, with the condition that these areas be well
landscaped with trees and other plantings and that they be maintained for the common
benefit of and accessible to all occupants of the building. This amendment is not
proposed to include planter boxes on exterior walls or other small above ground
planting areas that are not available for use by building occupants.
The proposed amendment language is as follows:
Section 31-121, Definitions:
"Open space shall mean any area of land and/or water, which is open and unobstructed from
the ground to the sky including wetland mitigation areas and areas maintained in a natural and
undisturbed character. Open space shall include private parks, buffer yards and common
landscaped areas, and shall include 50% of the area of landscaped rooftop amenities and
landscaped above-ground patios which are well landscaped with trees and other plantings and
are maintained for the common benefit of and accessible to all occupants of the building. Open
space shall also include bicycle and pedestrian paths external to a development parcel. Open
space shall not include submerged areas below the control water elevation (exclusive of
wetland areas), areas covered with buildings, parking areas, driveways and other paved areas
and shall not include planter boxes on exterior walls or other above ground planting areas that
are not available for use by building occupants."
2. Chapter 31, Article VII, Sections 31-144 and 31-145, Use Regulations, Addition of
Adopted Amendment to Chapter 14, Green Building Program for Consistency
On April 15, 2016, the City Commission adopted Ordinance No. 2016-05 which added
language to Chapter 14, Green Building Program, of the City Code to address
situations where a LEED® Gold or Platinum building is proposed on the same site that
had an existing office building or buildings on October 6, 2009, namely, the date of
passage of the Green Building Program, where the existing office building or buildings
are not certified at LEED® Gold or Platinum level. The adopted amendment in Chapter
14 is as follows:
"For projects located on the same site as an existing office building or buildings, which office
building or buildings was/were constructed before October 6, 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification, the bonuses in (ii) and(iii) above shall be calculated based on the
applicant's total site area, provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings."
For consistency, Section 31-144, Business Zoning Districts and Section 31-145, Town
Center Zoning Districts, should now be amended to include this adopted amendment.
2
3. Chapter 31, Article VII, Use Requlations, Amendment to Permitted Size of Above
Ground Fuel Storage Tanks for Multifamily Residential Districts and Non-Residential
Districts
All residential, business, town center, industrial, community facilities, recreation/open
space and utilities zoning districts contain provisions for installation of above ground
fuel tanks for storage of emergency generator fuel. Those provisions are:
Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a
conditional use only as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following requirements:
a. Be of 550 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking
metal door or gate. Such wall shall be landscaped in accordance with the City's
Landscape Code.
d. Be located in a manner consistent with the site development standards of the
zoning district.
Installation of any AST shall require a building permit from the City. Application for
building permit shall be accompanied by a site plan indicating the location of the
AST relative to property lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation as
deemed necessary by the City Manager or designee.
The above ground fuel storage tank is a permitted accessory use in the business district
and is a conditional accessory use in the residential districts. If the tank capacity is
larger than 550 gallons, variance approval is needed prior to issuance of a building
permit for the installation. This 550 gallon size limit was adopted as part of the zoning
districts in April of 2000 and corresponds to the maximum size allowable without Florida
Department of Environmental Protection tank registration. Since this provision was
adopted into the Code, several residential condominiums have applied to the City to
replace old underground fuel storage tanks with new above ground tanks. However,
while the 550 gallon tank is sufficient for single family homes, this smaller size of tank
does not adequately serve the size of generator needed for the larger multifamily
condominium buildings. Generally, applications have shown that a minimum 2000
gallon capacity tank is required for the high rise buildings.
Staff recommends that the above ground fuel storage tank provision be revised to
change the size of tank from 550 gallons capacity or less to 2000 gallons capacity or
less for multifamily residential districts and for non-residential districts. In the
multifamily residential and town center districts, conditional use approval would still be
required prior to installation but the need for variance approval would be eliminated. In
3
non-residential districts, the tanks would continue to be permitted as an accessory use
but with the larger size. All other existing requirements will remain the same, those are,
the property owner must obtain a DERM permit, screen the tank with a masonry wall
with self-closing and locking metal gate or door, locate the tank in a manner consistent
with site development standards (setbacks) and obtain a City building permit.
4. Chapter 31, Article IX, Section 31-191, Sign Regulations, Amendment to Temporary
Signs
Staff has received requests from several property owners requesting a temporary sign
for new tenants while their interior renovations are under construction. Currently,
Section 31-191 of the City Code allows only a temporary banner for 14 days following
issuance of a Local Business Tax Receipt. The Local Business Tax Receipt is not
issued until all interior renovations have been permitted, inspected and approved by the
Building Division. This leaves the tenant with no sign until the unit is ready to be
occupied.
Staff is recommending that a window sign be added as a permitted temporary sign,
with similar conditions and limitations as a temporary window sign permitted in Section
31-191(k)(5). The proposed amendment is as follows:
"Section 31-191, Sign Regulations Generally
(k) Temporary Signs
(11) Temporary Window Sian During Construction of Tenant Space
Residential District Non-Residential District
Approvals necessary Not permitted Sian Permit Required
Number(maximum) One per establishment
Sign area (maximum) Ten percent of window area up to
a maximum of ten square feet
Time Limit Permitted for a 12 month period
from date of building permit
issuance or until the date of
issuance of a Certificate of
Completion or Occupancy, or
until a permitted temporary
banner is erected, or until a
permitted permanent wall sign is
erected, whichever first occurs
4
5. Chapter 31, Article X, Section 31-221, Landscaping requirements, Update for
Consistency with Miami-Dade County Code
The following revisions are proposed for consistency with recent updates to the Miami-
Dade County landscape code and to clarify City standards for landscaping:
1. The definition of 'caliper" in Section 31-221(d) be deleted as the tree standard is
now included in subparagraph (h)(1)b. below, which refers to the most current edition of
Florida Grades and Standards for Nursery Plants.
2. The location and number of street trees is clarified in subparagraph (h)(1)d. below.
3. A new subparagraph (h)(1)I., Minimum landscape requirements for all zoning
districts, is added for street trees near power lines, where the height and location of
overhead power lines requires the planting of low growing trees.
4. A new subparagraph (h)(1)m. is added to provide minimum tree species diversity
standards.
5. The language in Subsection (h)(2) d., Other Plant Material Specification, is updated
to reference most current edition of Florida Grades and Standards for Nursery Plants.
6. Subparagraph (i)(1), Maintenance, is clarified to provide that all plantings are
sufficiently fertilized and watered to maintain the plantings in a healthy condition.
7. A new Subparagraph (i)(2), Maintenance, is added to provide for replacement of any
dead tree or plant with an approved substitute.
(d) Definitions. The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
iehec above n . ray grade
(h) Minimum landscape requirements for all zoning districts.
(1) Tree specifications.
a. Required trees shall be of a species which normally grow to a minimum height of 25 feet
and have a mature crown spread of not less than 20 feet with trunks which can be
maintained with over six feet of clear wood. Emphasis is given to the use of native species.
b. All required trees shall •- - - ••'•'•• - •• -••- - : --
canopy shall be seven fcct, centered on the trunk. be Fourteen (14) feet high and
conforming to. or exceeding, the minimum standards for Florida No. 1 grade or equivalent
in the most current edition of Florida Grades and Standards for Nursery Plants. Thirty (30)
5
percent of the tree requirement may be met by native species with a minimum height of ten
(10) feet and conforming to, or exceeding, the minimum standards for Florida No. 1 grade
or equivalent in the most current edition of Florida Grades and Standards for Nursery
Plants.
c. Required palms shall be field grown and have a minimum of 16 feet in overall height with a
minimum of six feet of clear wood.
d. Street trees shall be provided along all roadways at a maximum average spacing of thirty
J30) feet on center, except as otherwise provided in this chapter. Street trees shall be
placed within the swale area or shall be placed on private property where demonstrated to
be necessary due to right-of-way obstructions as determined by Director or Designee.
e.- - -• - -- - - A single trunk palm species with a minimum ten
inches DBH, and a minimum of cight feet of clear wood and minimum canopy of fifteen (15)
feet at maturity shall count as a required street tree on the basis of one (1) palm per tree. is
required. Queen palms (Syagrus romanzoffiana) shall not be allowed as street trees.
Street trees are required in addition to the minimum number of required trees. The City
reserves the right to designate a common species for a roadway or portion of certain
roadway segments in order to achieve a uniformity of appearance.
I. Trees near power lines, where the height and location of overhead powerlines requires the
planting of low growing trees, street trees shall have a minimum height of ten (10) feet and
shall conform to, or exceed, the minimum standards for Florida No. 1 grade or equivalent in
the most current edition of Florida Grades or Standards for Nursery Plants at time of
planting, and shall meet all of the following requirements:
1. Single trunk trees clear of lateral branches to four (4) feet and/or multi-trunk trees or
trees/shrubs, as referenced in Landscape Manual, cleared of foliage to a height of four (4)
feet.
2. A maximum average spacing of twenty-five (25) feet on center.
3. Maturing to a height and spread not encroaching within five (5) feet of overhead power
distribution lines.
4. Under high voltage (50kV and above) transmission lines installed independent of
underbuilt distribution lines, mature tree height and spread shall not exceed the minimum
approach distances specified in the current ANSI (American National Standards Institute)
Z133.1 Standards, as referenced in the Landscape Manual.
m. Minimum tree species diversity standards. When more than ten (10) trees are required to
be planted pursuant to the provisions of this chapter, a diversity of tree species shall be
required. The minimum number of different tree species to be planted shall be based on
the overall number of trees required and shall be proportional in relation to the total number
of species planted, pursuant to the following table:
Required Number Minimum Number Percentage of
of Trees of Tree Each Tree
Species Species
11-20 2 50 percent
21-50 4 25 percent
51 or more 6 16 percent
Nothing in this subsection shall preclude the planting of additional tree species beyond the
minimum numbers indicated in the table above, provided that the proportionality of each
6
species planted is maintained. This subsection shall not preclude the planting of a single
species in or along a thematic landscaping corridor, as determined by Director or Designee.
(2) Other plant material specifications.
d. Plant Quality: Plants installed pursuant to this Code shall conform to, or exceed, the
minimum standards for Florida No. 1 grade or equivalent in the most current edition of
Florida Grades and Standards for Nursery Plants prepared by the State of Florida
Department of Agriculture and Consumer Services. - - •- -- - - -- - --
1. Shape and form.
2. Health and vitality.
3. Condition of foliage.
1. Root system.
5. Free from pest and mechanical damaged.
grade.
(i) Maintenance.
(1) General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in
perpetuity, of all landscaping material in good condition so as to present a healthy, vigorous,
neat, and orderly appearance, and clear of weeds, refuse and debris, and sufficiently fertilized
and watered to maintain the plant material in a healthy condition. Landscaping material shall be
trimmed and maintained so as to meet all city, county or state site distance requirements.
(2) Failure to conform or maintain. If at any time after the issuance of a certificate of occupancy, any
landscaping material is found to be in non-conformance, including, but not limited to, dead or
dying plant material, notice shall be issued to the owner or his agent that corrective action is
required to be in compliance with this article. Such notice shall describe what action is necessary
to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance
Division of the Community Development Department, to fulfill the landscaping requirements.
Failure of compliance within the allotted time shall be considered a violation of this section and
shall subject the property owner to fines as determined appropriate, by the Special Master of the
City of Aventura.
a. If any tree or plant dies which is being used to satisfy current landscape code
requirements, such tree or plant shall be replaced with the same landscape material or an
approved substitute.
7
6. Chapter 31, Article XI, Section 31-232, Subdivision Design Standards, Language
Clarification
Chapter 31, Article XI, Section 31-231, Development Standards, provides that all
development shall conform to the specific requirements of the appropriate zoning
districts and shall comply with the standards contained in Article XI and other
regulations in the Land Development Regulations. Section 31-232, entitled
"Subdivision Design Standards", contains the design standards that staff has historically
used for both subdivision and site development review.
Staff is recommending that the wording in Section 31-232 be clarified to read
"Subdivision and Site Development Design Standards" to eliminate any confusion as to
applicability of the design standards in this section. The proposed amendment is as
follows:
"Article XI— Development Standards of General Applicability
Section 31-232— Subdivision and Site Development design standards.
In considering plans for subdivision and site development of land, the appropriate review bodies
shall be guided by the standards set forth hereinafter. All references in this section to the word
"subdivision"shall include site development of land."
7. Chapter 31, Article XI, Section 31-232, Subdivision Design Standards, Addition of
Requirement of Bicycle Storage Facilities as a design standard
Staff is recommending that Chapter 31, Article XI, Section 31-232, be amended to
require installation of bicycle storage facilities in all subdivisions, site development and
site redevelopment to facilitate multimodal travel. The proposed amendment is as
follows:
Article XI— Development Standards of General Applicability
Section 31-232— Subdivision and Site Development design standards.
J8) All new subdivisions, site development and site redevelopment shall provide bicycle storage
facilities in suitable design, location and number, based on square footage or number of
residential units, as determined by the Community Development Director or designee.
8
8. Deletion of Murals from Chapter 31, Section 31-191, Sign regulations generally, and
Addition of Murals to Chapter 31, Article XI, Section 31-233, Architectural Design
Standards
Chapter 31-191(f) of the City's sign code currently prohibits murals, defined as any
mosaic, painting or graphic art technique applied, implanted or placed directly onto an
exterior wall.
Staff has received a request from a commercial property owner to place murals within
the interior courtyard of its development to enhance the pedestrian experience in the
courtyard. Staff is recommending that murals be deleted from the sign code and that
they be regulated as an architectural design standard, with conditions to ensure that
they be placed only in interior courtyard areas, on exterior walls that do not face a
public right of way and that they are not used as signs. This will provide an aesthetic
enhancement of the areas while maintaining the unique aesthetic character of the City
and preventing visual distraction.
The proposed amendment is to delete the current provision from Section 31-191, Sign
regulations generally, and to add a new provision to Section 31-233, Architectural
Design Standards, as follows:
Article IX— Sign Regulations
Section 31-191 — Sign regulations generally
(e) Definitions
aft-exteriemvatk
(f) Prohibited Signs
(1 9) Mural°
Article XI— Development Standards of General Applicability
Section 31-233—Architectural Design Standards.
(5) Murals, defined as any mosaic, painting or graphic art technique applied, implanted or
placed directly onto an exterior wall, may be permitted when located in an interior courtyard
area and on exterior walls of buildings that do not face a public right of way, when they do not
contain any advertising copy and when they do not use any color, form, graphic, illumination,
symbol, or writing to advertise, announce the purpose of, or identify the purpose of any person
9
•
or entity, or to communicate information to the public, as determined by the City Manager or his
designee.
9. Chapter 31, Article XI, Section 31-238, Accessory Uses, Adding Regulations for
Awnings, Canopies, Sun Shade Devices and Porte Cocheres
The City Code does not provide for any overhang or encroachment into a required
setback for awnings and canopies. This provision has limited the use of awnings and
canopies. There are no code provisions for sun shade devices and porte-cocheres.
In order to support the pedestrian connectivity plan currently underway, to
encourage use of sun shade devices and to support the City's green building
program, staff is recommending the following code amendments and additions to
provide pedestrian shelter and to encourage the use of shading elements.
The proposed amendment and addition to this section is as follows:
Section 31-238, Accessory Uses
"(b) Awnings and canopies, porte-cocheres and sun shade devices. The definition of an
awning or canopy shall be as provided for in the Florida Building Code. Any advertising
shall conform to the sign regulations contained in this Code.
(1) Awnings. An awning may be located at any window provided it is architecturally
integrated into the buildings, design and color. The maximum height and width of an
awning shall be limited to the minimum area required to cover a building's window.
Awnings shall not be illuminated.
An awning may proiect no more than five feet into a front, side or rear yard setbacks.
Notwithstanding the foregoing provisions, an awning may not project into a public
sidewalk, public right of way or any vehicular use area.
(2) Canopies. A canopy may be located over any walkway adjacent to a building or
over a building's entrance. The maxim+km minimum height of the overall canopy
structure shall be eight feet and the maximum height shall be fifteen feet. The
maximum width of a canopy shall be limited to the width of the sidewalk or entry way
that it is covering. Illumination of a canopy shall be limited to the minimum illumination
required for safe pedestrian passage under the canopy.
A canopy may proiect into a front, side or rear yard setback in area and size sufficient
to provide pedestrian shelter over a private walkway or building entrance, as
determined by the City Manager or his designee. Notwithstanding the foregoing
provisions, a canopy may not encroach into a public sidewalk, public right of way or
into any vehicular use area.
(3) Porte-Cocheres. A permanent, roofed structure extending from the entrance of a
building over an adiacent private driveway to shelter those getting in and out of
vehicles may extend to within ten feet of any property line, provided that the structure
is constructed of walls and roof in design compatible with the principal structure, is
open on three sides and has a maximum length no longer than the driveway it is
sheltering. Notwithstanding the foregoing provisions, a porte-cochere may not
encroach into a public sidewalk or public right of way and may not obstruct travel in
any vehicular use area.
10
(4) Sun Shade Devices. Other above ground sun shade devices attached to a
building wall, including but not limited to, horizontal or vertical fins, shutter panels,
brise-soleil or solar screen designed to shade windows from the sun, may project no
more than five feet into a front, rear or side yard setback. The minimum height of sun
shade devices shall be eight feet above ground.
At the City Commission's direction, staff will draft an ordinance for consideration by the
Local Planning Agency and by the City Commission at the May 2, 2017 meeting.
11
City of Aventura
Com- '1
Development Regulations
Recommended Updates zoic
Recommended Updates
Amend Definition of Open Space to include 50% of
area of landscaped rooftop amenities and landscaped
above -ground patios that are maintained for the
common benefit of and accessible to all occupants of
the building
Add zoi6 adopted amendment to Chapter 14 into
Sections 31-144, Business Zoning Districts and
Section 31-145, Town Center Zoning Districts
Recommended Updates
Amend Permitted Size of Above Ground Fuel Storage
Tanks - change from 550 gallon capacity to 2000 gallon
capacity for multifamily and non-residential
development
Add temporary window sign for new businesses
Update landscape code for consistency with Miami -Dade
County landscape code
Clarify applicability of Section 31-232 design standards
Recommended Updates
Add bicycle storage facilities as a required design
standard in Section 31-232
Delete prohibition of murals from sign code and add
authorized murals to architectural design standards
Amend standards in Section 31-238 for awnings and
canopies and add standards for porte-cocheres and
sun shade devices to encourage pedestrian and sun
shading
I
City of Aventura
Overview of The
Citizens' Independent Transportation Trust
(CITF)
March 2017
Provide a Background of the Program
Review our Maintenance of Effort ("MOE") - Ongoing Appeal
Suggested Recalculated MOE Amount
Inequity of MOE Calculation
Action to Resolve the MOE Issue
z
background
County Ordinance (Ordinance) No. 02-116 -enacted on
07/09/02, imposed a % of 1% Surtax on eligible sales
transactions for Transportation -related projects.
At least 20% of the Surtax Proceeds received by the County
must be distributed to municipalities incorporated as of
11 /05/02, on a pro -rata basis based on population.
The Surtax Program is administered by CITT, a group
comprised of 15 members appointed by the Board of County
Commissioners, County Mayor and Miami -Dade League of
Cities.
3
Background continued
Pursuant to the Interlocal Agreement, the City must annually
continue the same level of General Fund support for
Transportation projects appropriated in its FY 2002 Budget
(Maintenance of Effort), which totaled $2.3 million.
Surtax monies may be used to develop, construct, equip,
maintain, operate or expand County -wide bus systems, fixed
guideway rapid transit systems, roads & bridges, as well as
secure such bonds or pay debt service.
City must apply at least 20% of the Surtax Proceeds to
Transit -related projects, such as circulator buses, bus
shelters, bus pullout bays or other related infrastructure
0
MCF lsstff
• Since the beginning the City has disagreed with the MOE.
• Early on in the City's history, a large amount of capital expenditures were
budgeted. In FY 2002, the MOE was determined to be $2.3 million based
on 3 budgeted major one-time capital projects. Those projects were not
completed in that year and were rolled over to the next year, thus creating
an artificially exorbitant amount.
• After appealing to the County CITT staff agreed to accept a revised MOE
number of $904,000.
E
Table II (As Determined by Auditors)
FY 2002 General Fund MOE
Description
Transit -Related:
Circulator Operations
Bus Shelter and Benches
A
Country Club Drive Improvements
NE 188th Street Lighting Improvements
Street Lighting
Street Maintenance
Engineering and Professional Servic
Street Repairs & Maintenance
Transportation -Related MO�
Total MOE
Source: City of Aventura FY2002 Budget and General Ledger
Budget
Actual
280,000 $ 304,052
250,000 213,677
530,000 517,729
1,400,000 240,635
150,000 148,506
85,000
Transit -Related:
Circulator Operations
Bus Shelter and Benches
Transit -Related MOE
Transportation -Related:
NE 188th Street Lighting Improvements
Street Lighting Utilities
Street Maintenance
Engineering and Professional Services
Street Repairs & Maintenance
portation-Related MOE
ital MOE
Recalculated
Budget per CITT
$ 280,000
250,000
530.000
150,000
85,000
81,956
30,465
27,461
374,882
$ 904,882
0
MOE Comparisons
When comparing our MOE to that of the other participating municipalities:
• Our MOE is significantly disproportionate when taking the size of our
budget, population & Surtax revenue into consideration.
• Our MOE is currently 150% of the total Surtax funds that we are
projected to receive. Most other cities are not even close to having
this type of ratio.
• Newly participating cities of Cutler Bay, Doral & Miami Gardens all
receive higher Surtax distributions than us & are not required to have
an MOE.
Municipality
MOE
Requirement
MOEasa%of
Annual
Projection
Indian Creek
$ -
0%
Palmetto Ba
-
0%
Cutler Ba
-
0%
Doral
-
0%
Miami Gardens
-
0%
EI Portal
7,000
8%
Virginia Gardens
11,295
11%
Medley
34,000
99%
Golden Beach
38,000
100%
Hialeah Gardens
42,500
5%
North Bay Village
55,234
16%
West Miami
61,000
25%
Key Biscayne
85,752
16%
Pi necrest
103,361
14%
South Miami
115,668
21%
Hialeah
127,049
1%
Sweetwater
129,095
22%
Sunny Isles Beach
129,926
15%
Florida City
165,000
32%
Surfside
190,183
81%
Biscayne Park
209,064
162%
Bay Harbor Islands
213,648
94%
Miami Springs
218,678
38%
Miami Shores
240,963
56%
Opa-Locks
254,705
35%
Miami Lakes
322,102
26%
Bal Harbour Village
324,785
285%
North Miami Beach
847,476
47%
North Miami
1,199,875
47%
Homestead
1,219,161
43%
Aventura
2,304,882
150%
Coral Gables
2,333,362
115%
Miami Beach
2,900,000
77%
Miami
4,718,932
26%
MOE ISSUE
The City has participated in the program since FY 2002/03.
To date we have been audited by the Miami -Dade County
Audit and Management Services Department twice:
0 1 st Audit -
for
the
6
years
ended
09/30/08
0 2nd Audit
- for
the
7
years
ended
09/30/15
9
Action to Resolve the MOE Issue
• The CITT and County have agreed to modify the current Ordinance to
address the problem along with other amendments and present to the
County Commission.
• Staff and the City Attorney's Office are working closely with County staff on
this matter.
10
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, C f . :ger
DATE: March 15, 2017
SUBJECT: Community Services Advisory Board Recommendations
At the March 10, 2017 Community Services Advisory Board Meeting, the following
recommendations were approved for the City Commission's consideration:
• Recommendation that a member of the Board provide a report at the
Commission Meetings on forthcoming events.
• Recommendation that pictures of the Board be provided on the City's website.
I have placed this matter on the Workshop Agenda for consideration by the City
Commission.
EMS/act
CC01696-17
RESOLUTION NO. 2017-29791
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, OPPOSING HOUSE BILL 17 (HB
17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT
WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES,
PROFESSIONS, AND OCCUPATIONS TO THE STATE BY
PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR
ADOPTING CERTAIN RULES, REGULATIONS, LICENSES,
PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES;
THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR
THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR
IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES,
PROFESSIONS, AND OCCUPATIONS.
WHEREAS, House Bill 17 (HB 17) was filed for consideration during the Florida
Legislature's 2017 Session by Representative Randy Fine (R - Palm Bay), and is co-
sponsored by Representative Paul Renner(R - Palm Coast); and
WHEREAS, on February 22, 2017, the Careers & Competition Subcommittee of
the House Commerce Committee voted favorably on a similar Committee Substitute Bill
(CS/HB 17); and
WHEREAS, CS/HB 17 would expressly preempt the local regulation of
businesses, professions, and occupations to the State of Florida by prohibiting local
governments from imposing or adopting certain rules, regulations, licenses, permits, or
requirements, and any associated fees; and
WHEREAS, CS/HB 17 would supersede all local government regulations on
businesses, professions, and occupations, even those regulations adopted prior to
January 1, 2017, if they were adopted without general law authority; moreover, such
pre-existing regulations would expire July 1, 2020; and
WHEREAS, under CS/HB 17, even if a local government had enacted a
business regulation authorized by general law prior to January 1, 2017, the existing
regulation could not be amended to impose additional regulations on business,
professions, or occupations; moreover, a local government could not modify such
regulation, except to repeal or reduce the regulation; and
WHEREAS, in addition, a local regulation not authorized under the CS/HB 17, or
expressly authorized by general law, would be a nullity and not enforceable; and
WHEREAS, CS/HB 17, and any similar or substitute legislation, would have far-
reaching negative impacts upon local governments throughout the State and would
severely limit their ability to tailor local laws to their community needs, would sunset
current laws, and would prevent the enactment of new laws that address, among other
things, fair wages, human rights, environmental protections, and neighborhood quality-
of-life; and
WHEREAS, the Mayor and City Commission strongly oppose CS/HB 17 and any
similar or substitute legislation that would preempt the local regulation of businesses,
professions, and occupations to the State of Florida, sunset existing local regulations, or
that would limit local governments in modifying or imposing additional regulations.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby oppose House Bill 17 and any similar or substitute legislation that
would preempt the local regulation of businesses, professions, and occupations to the
State by prohibiting local governments from imposing or adopting certain rules,
regulations, licenses, permits, or requirements, and any associated fees; that would
sunset existing local regulations; or that would limit local govemments in modifying or
imposing additional regulations on businesses, professions, and occupations.
PASSED AND ADOPTED this / _day of March, 2017.
• /ATTEST: dM.. F�.
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Rafael E. Granad•, ity Clerk * y .., °1INCOR�. : ' �`� •
lit,'' CH 26,e APPROVED AS TO
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