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05-23-2000 Workshop Meeting .". ~ _.. ~-~,'; '; ",.",.., 2999NE1911tStted. Suit'e500 Avdltura.FL33180 City Commission Workshop Meeting May 23, 2000 Following Special Meeting. Executive Conference Room AGENDA 1. Cultural Center Report* 2. Capital Improvement Program 2000-2005* 3. E Commerce Equity Resolution * 4. Citizen of Excellence Award Guidelines * 5. Rules Committee* (Commissioner Beskin) 6. Donation and Naming Policy* 7. Railroad Crossings (Commissioner Berger) 8. League of Cities Report (Commissioner Rogers - Libert) 9. City Manager Review 10. Board Reports * 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. CITY OF A VENTURA, FLORIDA CULTURAL ARTS CENTER FEASIBILITY STUDY DRAFT REPORT Submitted by: RJ Heisenbottle Architects Theatre Projects Consultants, Inc. Webb Management Services, Inc. May 2000 Draft Report c. e Aventura Cultural Center Feasibility Study Table of Contents 1. INTRODUCTION ...................................................................................................3 2. STUDY CONTEXT ................................................................................................ 4 3. MARKET AREA ANALySIS................................................................................. 9 4. FACILITY USES AND USERS ............................................................................ 21 5. REGIONAL FACILITIES......................... ......... ... ............... .......... ..................... ...33 6. COMMUNITY IMPACTS AND BENEFITS ........................................................ 37 7. COMPARABLE PROJECTS................................................................................. 40 8. CONCLUSIONS AND RECOMMENDATIONS .................................................. 47 Appendices A. List ofInterviews E. Aventura ABTS Survey F. ABTS Patrons Map G. Summary of Arts Needs B. NDS Market Area Analysis c. PRIZM Analysis D. City of Aventura Performing Arts or Cultural Arts Center Survey Webb Management ServicesiJ'heatre Projects Consultants, Inc. Page 2 May 2000 Draft Report 0.. Aventura Cultural Center Feasibility Study 1. Introduction Theatre Project Consultants, Inc., R.J. Heisenbottle Architects, Theatre Projects Consultants, Inc. and Webb Management Services have been hired by the City of A ventura, Florida to consider the feasibility of the proposed new cultural arts center for A ventura, and then to develop a plan for those facilities in physical and financial terms. In this, the first phase of the study, we consider the validity of the project concept in terms of the regional arts market, the needs and resources of the proposed partners for the project, the needs of other community arts organizations, the current stock of facilities, and community development initiatives. This leads us to preliminary recommendations on the need for new facilities, and for what purposes. This report also includes our preliminary assessment of opportunities for facility development. The information and findings presented in this report were gathered with primary and secondary research tools, community interviews and visits to other facilities in the market area. This included trips to the area in February, March and May of2000. We would take this opportunity to thank all the people who participated in the study by offering their time and advice over the course of our investigation. A complete listing of the individuals and organizations interviewed is attached in Appendix A. Special thanks to Eric M. Soroka for his logistical support and assistance over the course of our study. Webb Management ServicesITheatre Projects Consultants, Inc. Page 3 May 2000 Draft Report c.. Aventura Cultural Center Feasibility Study 2. Study Context The first element of our analysis is considering the work that preceded and enabled our study, and what other projects and initiatives have influenced our thinking along the way. The City of Aventura On November 7, 1995, Aventura officially incorporated to become a city. In Miami-Dade County, Aventura occupies 3.2 square miles, just south of the Broward County line. Governance of the city follows the commission-manager model, with a Mayor, Vice-Mayor and five Commissioners. Since its creation, the city has tried to out-source many of its services. A Police department was founded in 1997. Through their $30 million Capital Program, the City is building infrastructures such as Founders Park, a Government Center and Police Station, a municipal transit system and streetscaping, in addition to improvements in road and safety as well as stormwater drainage. Part of this initiative includes the purchase of land on the Intracoastal for "a future park and cultural purposes." During our study, some key themes arose regarding Aventura as a city: ~ Aventura is a young city, still developing its infrastructure and growing its identity. ~ Despite its young age, Aventura is quickly building a history of providing amenities to its citizens, including facilities. ~ The City does not yet have an indoor facility that is a focal point for its community. ~ Famous for its shopping and dining, Aventura already has visitors entering its community. Webb Management ServicesITheatre Projects Consultants, Inc. Page 4 May 2000 Draft Report C. Aventura Cultural Center Feasibtltty Study The Cultural Center Proposal City of Aventura Performing Arts or Cultural Arts Center Survey Aventura's bid for a high quality cultural arts center began with issuing of a request for proposal in September 1999. From preliminary research, the City estimated that a 900-seat 25,000 square feet facility would be recommended and identified two possible sites. The proposal called for the definition of the community's need for and ability to sustain such a facility in its 3.2 square mile city whose population of approximately 23,000 provides a tax base of $3.4 billion. The survey, as seen in Appendix D, was sent to Aventura's residents the spring of2000. Forty-three respondents comprise the sampling. Results confirm that residents participate in the arts, with 67.4% attending a performing or cultural arts event at least 5 times in the past year, followed by 18.6 going 1-2 times a year and only 4.7% not participating in the arts. The number of residents who do or do not think that the development of a new cultural arts center by and for the City of Aventura is a good idea is almost equal, with 51.2% against, 46.5% for, and 2.3% neutral. Those against building a facility think that there are enough current facilities in the regional market, fear low attendance and the difficult of booking entertainment. On the other hand, those who support its building do so because it would enhance the city, be good for area youth and convenient to the residents. The components most frequently indicated to be included in a facility were large theatre (18) and smalI theatre (14) folIowed by rehearsal hall (12), gallery (10) and arts studios (10), dance studio (9), with music practice rooms (7) and television studio (3) the least chosen. Plays and musicals (24) were activities respondents were most interested in attending in a facility in Aventura. Cultural festival (17), dance performance and comedy show (16) and classical music (14) were the next most popular Popular music and lectures (13), arts exhibitions (12) were ranked higher than film screenings (11), social dance (6) and poetry readings. These numbers show that residents are interested in a range of activities. Webb Management ServiceslTheatre Projects Consultants, Inc. Page 5 May 2000 Draft Repart C. Aventura Cultural Center Feasibility Siudy Finally, residents were asked if they would be willing to increase their taxes to support a facility. 60.5% respondents said they do not want an increase in their taxes to subsidize the project whereas 37.2% would be willing. There was a 2.3% no response rate. The survey did not contain questions that asked residents for their demographic information. Therefore, it is unclear as to how representative this sampling is of Aventura's overall population. Observations from the survey: ~ Respondents often attend arts events. ~ Residents are interested in a range of arts activities and a facility should reflect this diversity. ~ There is the question of whether a facility in Aventura would be in an over -saturated market. ~ Funding of a facility is of concern to residents. Aventura Ballet Theatre Survey Research was conducted by Rossi & Associates for the dance studio in which 29 students and 56 parents regarding the junior Ballet Company and the Aventura Ballet Theatre of Florida. Since the demographic information on Aventura was taken from the 1990 census, current statistics do not reflect the area's population influx of young families. This study was of particular interest to learn more about the activities of youngerv families with children. Those surveyed already show participation in cultural acitivities, and we are particularly interested to know where they reside and how long they regularly travel to take part in the arts. For parents, the most often cited reason for choosing ABT is location (60.7%) followed by quality training (50%) and staff(44.6%). To better inform their decisions as they seek a larger facility, ABT inquired about the more convenient location for their next site. Parents chose Aventura as the most convenient (64.3%) followed by Miami Gardens Drive (57.1 %). Of this sampling, 16.5% of the students and parents reside in Aventura with the 33180 area code. Of the non-Aventura residents, 70.8 % live within a 10-mile radius of Aventura, with the remainingl2.7 % traveling Webb Managemeni ServiceslTheatre Projects Consultants, Inc. May 2000 Page 6 Draft Report c e Aventura Cultural Center Feasibility Study Hollywood Arts and Culture Center Expansion Project further distances. From this we gathered two themes: 1) Aventura and communities in its lO-mile radius has young families who actively participate and perpetuate the arts 2) These young families will travel to Aventura for the arts. The survey reveals: )> A convenient location is a factor in parents bringing their children to arts education. )> There is a market of young families in and close to Aventura who are already participating the arts. HACC is a private nonprofit that is in the process of expansion. Since 1976 the cultural center houses visual arts and music programming and hosts an outdoor dance concert on a temporary stage by the ocean. Of its membership, 40% come from Aventura. In response to Broward County's cultural masterplan that identified the need for 350 and 2000-seat theatres, they will renovate an adjacent old movie theatre into a 350-seat theatre and add floors for classrooms, rehearsal spaces and administrative offices in the facility. There will also be a black box that holds about 80 people and artist live/work spaces developed in partnership with ArtsSpace, Inc. with a new gallery. Programming will expand to include indoor dance, theatre, film and classes. Its full-time staff of 10 is expected to increase to IS over this summer due to HACC's merge with the Hollywood Playhouse. In this venture, Hollywood Playhouse will use HACC's facilities and it's eventual 350-seat theatre and sell its current space. Miami City Ballet had approached HACC to discuss them building a 2000- seat theatre for MCB's Broward County home. However, HACC is focusing on other expansion projects first and may readdress this possibility in upcoming years. For the future, it would make sense to first have a dance school and from it, a dance company would eventually develop. Among upcoming potential partnerships is a magnet learning center with the School Board ofBroward County and arts programming with some local universities and colleges. Webb Management ServiceslTheatre Projects Consultants, Inc. Page 7 May 2000 Draft Report c e Aventura Culturat Center Feasibility Study In light of our feasibility study it is important to be aware of this major initiative. While HACC and a facility in Aventura could be in direct competition, current leadership at HACC is positive to the idea of partnering with a center in A ventura to do joint progrannning or using the site in A ventura as a satellite. It should also be noted that throughout our interviews with arts organizations, none mentioned the HACC or its expansion when asked if building an cultural arts center made sense. Webb Management ServicesiTheatre Projects Consultants, Inc. May 2000 Page 8 Draft Report c. e Aventura Cultural Center Feasibility Study Performing Arts Programs and Audiences 3. Market Area Analysis The next component of our analysis is consideration of the market for the performing arts in the A ventura region. This analysis includes an introduction to performing arts audiences, a demographic analysis of the market area, a geo-demographic analysis of the market, consideration of the distribution of existing audiences for arts organizations in the region, and a comprehensive look at market segments as a means to assess participation and potential in the region. This section presents a brief overview of the marketplace for the performing arts, intended to provide a base level of information on national levels of activity, who attends the performing arts, how often they attend, and why they don't attend more frequently. Our goal is simply to highlight the fact that while the performing arts is a growth industry, these programs and activities appeal to only a small segment of the population, and must therefore be promoted in a selective and effective fashion. The performing arts, a component of the entertainment services market, is the title given to a broad range of cultural and entertainment programs in which actors, musicians and dancers present their work to a live audience. The segment may include amateur and professional artists, organizations and presenters, covering disciplines like theater, dance, opera, and music of all forms. Performing arts events are significantly different from the visual arts in that the decision to attend a play, recital or dance performance is rarely an impulse buy. Participation in the performing arts can be expensive, time- consuming and often challenging in intellectual terms. For these reasons, the performing arts do not appeal to everyone. In fact, active participants in the performing arts represent a small percentage of the total population. For a general view of performing arts activity over the past five years, the following table shows the growth of attendance and performances for various disciplines from 1992 to 1996. All disciplines are showing growth, particularly theater. Revenues from all theatrical productions are up 51 % over the five-year period. Webb Management ServicesfTheatre Projects Consultants, Inc. Page 9 May 2000 Draft Report c.. Aventura Cultural Center Feasibility Study Performing Arts in the US-Selected Data: 1992 to 1996 1992 1993 1994 1995 1996 Broadway attendance (in mil) 7.4 7.9 8.1 9.0 9.5 Broadway oerfonnances 7224 8152 8488 8944 9168 Non-profit professional 16 16.5 20.7 18.6 17.1 theaters attendance (in mill Non-profit professional 46184 44933 59542 56542 56954 theaters Performances Professional operas 7.3 5.5 6 6.5 6.5 attendance Professional opera N/A 1945 1982 2251 2296 I oerformances Svrnnhony attendance 26.3 24 24.4 30.9 31.1 Svrnohony concerts 19778 18389 17795 29328 28887 Receipts from Theatrical $13,054 $15,408 $16,050 $17,479 $CAPutl',6 Productions (in mil) 79 Source: US Statistical Abstract, 1998 An additional source of information on arts participation is the Bureau of Labor Consumer Expenditure Survey for 1997. This survey indicates that average annual household spending on entertainment fees and admissions grew 3.2% from $456 per household (adjusted) in 1987 to $471 per household in 1997. Individual expenditures also increased, especially for those 45-64 years old. Percent changes, 1987 to 1997, for this age group was 16.4% for the 45-54 set and 18.3% for 55-64 set. Attendance at Arts Events: 1997 Arts Activity % of Adults Participating # of Adults Average Attended at least once in last 12 attending number of months in millions visits per attendee Jazz Performance 11.9% 23.3 3.1 Classical Music 15.6 30.5 2.9 Opera Performance 4.7 9.2 1.8 Musical play 24.5 47.9 2.2 Non-musical olav 15.8 30.9 2.5 Ballet 5.8 11.3 1.7 Other Dance 12.4 24.3 2.6 Webb Management ServiceslTheatre Projects Consultants, Inc. May 2000 Page 10 Draft Report C. Aventura Cultural Center Feasibility Study Limits and Barriers to Performing Arts Attendance Regional Participation in the Performing Arts Source: National Endowment for the Arts, 1997 Survey of Public Participation in the Arts - Summary Report Research Division Report #39 It is also important to consider why people do not attend the performing arts, or why they do not attend more frequently. The following chart from the NEA Survey shows key barriers to attendance. Reasons Cited for Not Attendin an Arts Event Percent of Res oDdents Difficuh to make time to 0 out 64% Not man erformances here 55% Tickets are too e ensive 53% Location is inconvenient 47% Ma feel uncomfortable 10% Poor erformance ualit 10% Source: National Endowment for the Arts, 1997 Survey of Public Participation in the Arts - Sununary Report, Research Division Report #39 .Percentages do not totall 00%, as respondents could indicate more than one reason. Of the four key barriers, one is certainly price. But the other three are really about time and convenience. In our fast-paced world, we are dissuaded from various events ifthey are too far away, inconvenient or time-consuming. This confirms the importance of marketing to a relatively close market an experience that is easy and efficient, with good highway access and ample parking. From the NEA survey, affordability of arts tickets was a concern of some respondents. Although for some (24%) arts events were free, a near majority (50%) of performing arts attendees paid more than $20, with 19% spending over $50. Additionally, these costs do not include transportation, parking, food, and merchandise at the event. Increasingly, the "experience" of attending a performing arts event justifies the expense of a patron's time and money. The data below report performing arts activity by region. For Aventura, this area designated is the state of Florida The information indicates that regional attendance rates for all disciplines are slightly higher except in the disciplines of opera and musical theatre than nationally reported rates. Arts Webb Management Services/I'heatre Projects Consultants, Inc. Page 11 May 2000 Draft Report ce Aventura Cultural Center Feasibility Study activities with the highest participation include musical theatre and non- musical plays. In 1997, regional audiences for the performing arts exceeded 50 million. Florida (in thousands) Jazz Classical Opera Musical Non- Ballet Other Music Play Musical Dance Plav National Attendance 11.9% 15.6% 4.7% 24.5% 15.8% 5.8% 12.4% Rates Florida Attendance Rates 15.4% 16.7% 3.7% 22.4% 17.4% 6.8% 13.1% Numbers of Attenders 1538 1668 369 2243 1737 678 1311 (in thousands) Total Attendance (in 5647 6088 986 7331 4578 1209 5138 thousands) Source: National Endowment for the Arts. 1997 Survey of Public Participation in the Arts - Summary Report Research Division Report #39 Regional Resident Market The relationship between a community cultural center and its neighborhood is critical. To assess the potential audience for a new cultural arts center in Aventura, we gathered statistical information on the region. We have defined a primary market area to consider the size, growth and characteristics of those most likely to attend events at new facilities, and assessed the arts participation potential of that population. The City of Aventura The City of Aventura is in Miami-Dade county, just north of North Miami and immediately below the Broward County. Equidistant between Miami and Fort Lauderdale, it a short drive to downtown Miami and Fort Lauderdale and in close proximity to both airports. A city founded in 1995, Aventura has been known for its safety, older community, prestigious golf courses and high-end shopping malls. In recent years, there has been a shift is A ventura's population as more young families and people from South America, Europe, Russia and Hispanic American descent have moved to the area. An example of this demographic change is that in the 144-unit Bonavida condominium, five years ago, approximately 30% of its residents lived there year round. With Webb Management Services/J'heatre Projects Consultants, Inc. May 2000 Page 12 Draft Report c e Aventura Cultural Center Feasibility Study Defining the Market Area Demographic Analysis the influx of young manied couples and professional singles, they estimate this rate has grown to 70%. The question of "who will come from how far away" is a great challenge. The simple answer is that people will travel a great distance to see what they want to see. But for purposes of our analysis for the city, we have chosen to study the resident population that lives within 1 0 miles of downtown A ventura. This exercise allows us to further define existing and potential audiences for new cultural facilities in A ventura. Our demographic analysis for the City of Aventura is based on data purchased from National Decision Systems (NDS). Their complete report is attached as Appendix B. Highlights follow: The first page of the NDS report is a map that shows the location of Aventura. In the charts this area is the "Aventura Community Cultural Center (ACCC) Trade Area". Following is a summary of market data for all those living in Miami-Dade County. We also show national averages for reference purposes. There are over 24 thousand people living in Aventura. The area has experienced a very high population increase throughout the eighties with an even higher rate in the nineties. These figures significantly surpass those of the already fast-growing Miami-Dade County. Aventura's rate of population growth is projected to substantially slow, but continue to exceed the rates of the county and nation. Population Aventura Dade County, FL U.S.A. 1980 Census 9,868 1.625,782 224,810,186 1980-90 Growth 51.1% 19.2% 10.6% 1990 Census 14,914 1,937,094 248,709,873 1990-99 Growth 61.0% 10.1% 8.3% 1999 Estimate 24,018 2,131,916 269,412,836 1999-2004 Grow th 16.4% 5.2% 4.3% 2004 Projection 27,948 2,243,274 280,885,064 Compared to national and county figures, Aventura is a homogeneous community with most of its population identified as White. The Hispanic Origin population is on par with national levels but is five times less than Miami-Dade County, whose ethnic makeup is very diverse. These figures Webb Managemenl ServicesiTheatre Projects Consultants, Inc. Page 13 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study are based upon projections extrapolated upon the 1990 consensus. Anecdotally, through our interviewing process it was repeated that the city's population is growing in diversity, with a large number of Hispanic descent and international families from South America, Europe and Russia purchasing homes in the area. Ethnicity - 1999 Aventura Dade County, FL U.S.A. White 98.2% 71.8% 78.2% Black 0.5% 20.4% 12.4% American Indian 0.0% n/a 0.8% Asian & Pacific Islander 0.7% 1.7% 3.7% Other 0.6% 6.1% 4.9% Hispanic Origin 11.3% 57.4% 11.2% Aventura has a large older population: the median age for Aventura, 67.2, is almost twice as high as the national and county averages and over half of its population is over the age of 65 whereas this age group is represented in under 15% of the regional and national populations. This also indicates that Aventura's population has fewer children and young families. Speaking with community members and presidents of condominiums, it was repeated that young families are moving to the area and changing the demographics of the city. Age Profile - 1999 Aventura Dade County, FL U.S.A. % 65+ years 54.5% 14.6% 13.4% Median Age 67.2 37.5 35.4 The median age change for Aventura is expected to rise to 67.9 years in 2004. This.7 increase is static compared to Miami-Dade County, which will raise almost 2 years and the national average which will grow by just over one year. Aventura's population is projected to remain skewed towards older adults. Median Age Change Aventura Dade County, FL U.S.A. 1990 Census 65.7 34.2 32.9 1999 Estimate 67.2 37.5 35.4 2004 Projection 67.9 39.3 36.6 While Aventura's median household income is below the national figures, it is over 10% higher than Miami-Dade County's. In addition, the per capita and average household income of A ventura is significantly higher than regional and national averages, leading one to conclude that Aventura has a affluent population. The city's wealth is further confirmed with the figure that over lout of 10 of its households having a income of at least $150,000, a percentage that is over twice as large as regional and national figures. Webb Management ServicesiI'heatre Projects Consultants, Inc. Page J4 May 2000 Draft Report c.. Aventura CuI/ural Center Feasibtl/ty Study Income - 1999 Aventura Dade County, FL U.S.A. Per Capita $ 41,949 $ 18,384 $ 20,124 Median Household $ 37,267 $ 33,759 $ 38,532 Average Household $ 71,137 $ 51,673 $ 53,154 % Over $150K HH !ne. 11.2% 4.2% 3.9% Although Aventura's household wealth exceeds that of Miami-Dade County and the nation, Aventura's levels of income growth are significantly lower. This rate reflects the older composition of Aventura's population, of whom many are retired and live on fixed incomes. Ave HH Income Growth Aventura Dade Counry, FL U.S.A. 1990 Census $ 58,025 $ 37,903 $ 38,473 1990-99 Growth 22.6% 36.3% 38.2% 1999 Estim ate $ 71,137 $ 51,673 $ 53,154 1999-2004 Growth 8.6% 13.8% 20.2% 2004 Projection $ 77,235 $ 58,815 $ 63,904 One predictor of arts participation is the level of education achieved. The most recent indicator is the Educational Attainment 1998 (%) figures on the CPNX page of the NDS report. This shows that Aventura has a sizable population with a higher level of education attainment than Miami-Dade County and the nation. Aventura's education attainment at the high school and college level is particularly contrasted to Miami-Dade County, whose levels fall below national averages in these categories. However, this gap is narrowed at the graduate level, where Miami-Dade County exceeds the national average. Education -1999 A ventura Dade Counry, FL U.S.A. No High School Diploma 17.2% 34.3% 24.0% Bachelor Degree 15.6% 11.4% 14.0% Graduate Degree 11.8% 7.6% 7.0% The CPNX chart also shows the current occupational breakdown for each of our three market areas. Regionally, Miami-Dade County exhibits diversity in employment representation, which follows nationwide trends fairly closely. However, Aventura profiles indicate employment primarily in executive/management, professional sales and administrative positions. A substantially lower percentage of its population is employed in the services, crafts and operator fields than seen in Miami-Dade County or across the country. Webb Management Services/Thealre Projects Consul/ants. Inc. Page 15 May 2000 Draft Report c.. Aventura Cultural Center Feasibt/tty Study Occupation -1999 Aventura Dade County, FL U.S.A. Exec/Mgmt 25.0% 12.7% 12.5% Professional 19.9% 12.1% 14.0% Sales 31.1% 13.7% 12.0% Admin 14.3% 18.1% 16.0% Services 4.5% 14.5% 11.0% Crafts 2.6% 10.6% 11.5% Operators 0.4% 5.5% 7.0% Overall, we would characterize the market area as dominated by a white population that is older and well educated with a high spending potential. Aventura's demographics do differ from the more diverse population of Miami-Dade County as a whole. With the significant population growth in the area, A ventura is in the midst of a shift in its demographics. With this has come a change in the local population whose amount of impact may not be accurately reflected in the above figures, which are derived from projections based on the 1990 census and therefore tend to be conservative. Geo-demographic Analysis PRIZM is a geo-demographic system for market analysis developed by Claritas. This system breaks down each of the population segments of the United States into 62 neighborhood-based clusters. The model starts with the adage that birds of a feather flock together, and that the composition and characteristics of neighborhoods change slowly. Analysis of census data reveals that several dozen demographic and lifestyle variables in six broad categories explain most ofthe variance between neighborhood types. These categories are social rank (income, education, etc.), household composition, mobility, ethnicity, urbanization, and housing. Clusters are created by combining census data, neighborhood geography and consumer purchasing data. The result is 62 discreet groups in eight sub-categories, which are named and described in Appendix C. Also included in Appendix C is the 1999 PRIZM Distribution Report, a two-page summary showing the composition of the Aventura market area (the city and a 10-mile ring) and Miami-Dade county according to PRIZM clusters. It shows the 1999 population, households and percentage of the market in each cluster, as well as the percentage of US households in each Webb Management ServicesITheatre Projects Consultants, Inc. May 2000 Page 16 Drafl Report C. Aventura Cultural Center Feasibility Study cluster. Comparing the market areas and national households leads to an index, shown in the right hand column of the Claritas Report. For example, an index of 504 for Second City Elite means that there are five times as many of this group in the market area (9.6%) than nationally (1.9% of US households). The following page in Appendix C is a spreadsheet created by Webb Management Services that compares the Miami-Dade County Market Area PRIZM Profile to a PRIZM Profile of national theatergoers. This is based on the results ofa national survey of191,000 people, in which 24,000 respondents are identified as having attended the theater in the last twelve months. The table shows the total survey population for each cluster, and their percentage composition, the number and percentage who attend theater, the penetration of theater attendees in each cluster and an index comparing composition ofthe entire survey population to the composition of theater attenders. Here, the index suggests which clusters are more or less likely to contain theatergoers. If we accept the penetration of national theatergoers for each cluster as a reasonable proxy for potential attendance at a new performing arts facility in Aventura, we can begin to measure potential. Aventura is almost entirely comprised of the Gray Power household cluster: senior citizens who have moved to the country or the Sunbelt to retire among their peers. They are an affluent grouping that tends to have strong interests in health and golf From the survey of theatergoers, the cluster is considered to have a higher than average propensity to participate in the arts. Within Aventura, there are 13,945 households in this cluster, representing 98.6% of total households in the market area, almost twice as likely to attend the theatre. This is an extremely high percentage. We see incidence of this cluster also in Aventura's outlying areas. A second measure is to look more closely at the segments that dominate the market area in Miami-Dade County. The last page of Appendix C is a map created by Claritas, specifically showing the dominant PRIZM cluster for zip codes in and around the county. Webb Management ServicesfTheatre Projects Consultants, Inc. Page 17 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study Cluster York.. Area f'rom. National Profile Market/National National Theater Profil. Gray Power 49,244 13. 9% 0.2% 6937.1 21.7% 170 Single City Blues 32,756 9.2% 1.7% 542.9 637.4% 74 Inner Cities 29,738 8.4% 1.9% 441.0 10.2% 80 G[~V-COllaIs 27,171 7.7% 2.0% 382.8 9.6% 75 Mid-City Mix 19,866 5.6% 1.1% 508.8 90.0% 69 Blue Chip Blues 18,728 5.3% 1.9% 277.7 11.2% 88 U tban Achievers 16,764 4.7% 1.6% 295.2 16.7% 131 New Empty Nest 16,433 4.6% 2.1% 220.5 16.9% 132 Hispanic Mix 15,983 4.5% 1.6% 281.4 4.3% 34 ITotal. 226,683 63.9% Miami-Dade County PRIZM Clu.as Compared to National & Theater Profiles The table above shows the largest clusters in the region, i. e. those clusters that dominate the Miami-Dade County market area. Gray Power is again the highest geo-demographic cluster segment (13.9"10) followed by Single City Blues, Inner Cities, Gray Collars, Mid-City Mix and Blue Chip Blues. Within this grouping, 23.2% of market households have a greater than average propensity to attend theater, meaning that potential arts attenders remain located in above average numbers throughout the area. Looking at the three most populated clusters, which occupy 31.5% of the county's population, expresses Miami-Dade county's diversity. Leading is Gray Power, followed by the ethnically mixed Single City Blues, the "poor man's bohemia" at 9.2% with Inner Cities, a cluster dominated by black and poor single parent families, with twice the nation's rate of unemployment at 8.4%. These clusters show that county filled with a racially and economically diverse population. Patron Analysis During our interview process with regional arts organizations, we were told that residents of Aventura are known attendees and supporters of their organizations. Overwhelmingly, Aventura was known for its malls, aflluence and support of the arts. Patrons of Exceptional Artists, a small and young arts organization provided us with their mailing list from the 1999 season. Their list shows us the current reach of its artistic prograntming and helps us to evaluate the findings ofthe PRIZM report. Of their mailing list of315 residents, 53.7% either inhabit in or close to Aventura (37.8% in Aventura and 15.9% in North Miami.) Webb Management ServicesfTheatre Projects Consultants, Inc. May 2000 Page 18 Draft Report C. Aventura Cultural Center Feasibility Study The distribution of Patrons of Exceptional Artists' audiences, shown in Appendix D, is the pattern predicted by the PRIZM analysis. Patrons of Exceptional Artists provided us with their mailing list from the 1999 season. Their list shows us the current reach of its artistic programming and helps us to evaluate the findings of the PRIZM report. Of their mailing list of315 residents, 53.7% either inhabit in or close to Aventura (37.8% in Aventura and 15.9% in North Miami.) The distribution of Patrons of Exceptional Artists' audiences, shown in Appendix D, is the pattern predicted by the PRIZM analysis. This analysis confirms that there is already an interest and support of arts activities among residents of Aventura. Visitors Analysis According the Greater Miami Convention and Visitors Bureau, in 1999 there were 1,223,200 visitors to Northern Miami-Dade County. Due to the significant number of area visitors, we looked at their activities to see if they would be a potential market for a facility in Aventura. First, we looked at their reasons for travel to the region: Rea800 for Traveling to Dade County Actvity N.Dade Pleasure 77.1% Visit Friends/Relatives 16.9% Business 3.3% Cruise 1.0% Personal 1.0% Medical 0.5% Special Even t 0.2% Totals 100.0% By far, most visitors come to the area for recreational purposes, followed by those who visit family and friends. The majority of visitors come to relax and spend their time and money on leisurely activities. We then looked at these visitors' activities. This chart represents the number of visitors who attend an event while visiting, and does not reveal where they attend the event. One third, or 414,665 of the region's visitors, already attend an arts or cultural event during their stay. On average, each week there is a potential market of 7,974 visitors with a pattern of attending the arts in the region. Webb Management Services/Theatre Projects Consultants, Inc. Page 19 May 2000 Draft Repart C _ Aventura Cultural Center Feasibility Study Activities Attended While Visiting I\ctvity N. Dade Concert 7.9% Museum 13.4% heatre/Performing Arts Center 5.2% Art Gallery 2.1% Dance 4.3% Historic 1.0% LOtals 33.9% Therefore, we argue 1hat a facility in A ventura has the potential of attracting part of its audience from the visitor's market. Conclusions Overall, we would characterize the market for new facilities in Aventura as having great potential, given the following: ~ Regionally, there is a slightly higher than average participation in the performing arts. From the SPPA we observe above average attendance for most disciplines. This factor indicates that area cultural development is healthy. ~ Seniors in the area are primarily interested in attending activities with-in their own area of the community ~ Area residents, in general, do not like to travel long distances for events or entertainment ~ The introduction of new performing arts facilities in this region would first serve the Aventura's population, which is rapidly growing, just over 14,000 residents. ~ Overall, the Aventura's market population is overwhelmingly conducive to attending and supporting an arts organization, and regionally there is also substantial support. ~ The region's visitors market participates in the arts and is another potential market for a facility in A ventura. Webb Management &rvicesiTheatre Projects Consultants, Inc. Page 20 May 2000 Drafl Report C. Aventura Cultural Center Feasibility Study Local and Regional Cultural and Educational Organizations 4. Facility Uses and Users The critical issue in facility development is the likely level of use for new facilities, and the preparedness ofIocal organizations to take advantage of the opportunities created by new facilities. Following are highlights of our interviews with other community organizations that are potential users of new facilities in Aventura: Williams Island Cultural and Educational Committee For residents of this development, the 5-year old committee arranges bimonthly activities in its 200-capacity function room. Events range from museum talks, jazz bands such as FlU's, the Yale Glee Club, political speakers, book reviews and small shows. Events are free of charge for residents, but seats must be reserved in advance. Funding for the programming is through the condominium's maintenance budget and subsidized by Citibank. Since their events are "sold-out", they cannot fully serve the demand of their residents or open the events to the public. Contained to a 200-seat facility limits their presenting capabilities to smaller budget events. They would use a community cultural arts center as a venue for presenting activities, preferably with one space that would seat at least 500 and a second approximately 200. During the winter season they would present 2 to 3 events a month with 1 to 2 during the summer. A catering kitchen, box office, dressing and green rooms are preferable. New Theatre Based out of Coral Gables, this theatre company was founded in 1987 with special emphasis on the new work of Florida playwrights. They currently rent their 75-seat space and have 150 performances during its 6-play season. Over the past five years they have increased their performances and Webb Management Services/Theatre Projects Consultants, Inc. Page 21 May 2000 Draft Report C. Aventura Cultural Center Feaslbtlity Study 75.5% of their seats are sold. Since recently adding a marketing and publicity staff member, ticket sales have increased by 25%. Their subscription base is 450 and they have a $400,000 budget of which 80% is earned. They have 2 each of full-time and part-time staff Their audience predominately comes from the immediate area with some close to the Broward County line Their lease will end in May 2001, and it is imperative they find a new space, either to rent or buy by August. They seek a 125-seat theatre with a high ceiling, 2 dressing rooms to fit up to 6 actors each, prop shop and storage, with the entire facility approximately 3000-4000 square feet. Building a new home in Aventura interests them. Patrons of Exceptional Artists A nonprofit organization founded in 1996 that identifies and promotes primarily pianist talent in the country. It sponsors a 6-day festival of concerts, workshops and lectures in the Lincoln Theatre on Miami Beach. After a concert, they try to promote the careers of their pianists and forging ties with other organizations. Over the upcoming year, PBS and A&E will be documenting their group. A$IOO ticket fundraising concert they recently sold out in one of Aventura's condominiums. The response to their events in Aventura has been great to the extent that they were recently approached by the Aventura Tumberry Jewish Center to perform. They observed that the area's Latin American population is eager to participate in the arts and community and that currently there is no place for them to do this. They would bring their festival, to a facility in A ventura that has seat 400- 600, an ample stage, preferably 2 green rooms with a capacity of 4, 3 dressing rooms for 4 to 6 people, catering facilities, costume, scene and prop shops, and a patron's office. In addition, they would want to have spaces to show films, host lectures to educate audiences (a 40-person classroom) and have arts exhibition space. Currently, they would use the facility for 6 days and five years from now, they could envision themselves using iffor 10. They have a part-time staff of one, and a total operating budget of $100,000 of which none is earned. Last year in 6 performances they offered 4500 seats of which 3000 were sold. Miami Steel and Percussion Orchestra Webb Management ServicesiI'heatre Projects Consultants, Inc. Page 22 May 2aaa Draft Report C. Aventura Cultural Center Feasibility Study Founded in 1995, this music group performed 15 concerts last year, usually when hired by an outside agency and made a part of a series or for a special event. Their operating budget is $65,000, of which 95% is earned and they have one full-time and one part-time staff with 4 volunteers. They recently filled a 300-seat hall for two concerts and two thirds of a 600-seat hall and had 450 attendees at an outdoor festival. Since the release of their first CD, they have noticed an increase in their following, and are confident of building their audience. They would be interested to use a 300-500 seat facility with a box office, loading dock and storage in Aventura for music concerts and educational programs for a total of3-4 days per year. In five years they could see themselves using the facility up to 12 days. Miami Dade Community College Arts programming is present on each of the school's 6 campuses and facilities range from classroom, black box and theatre space with the minimum of an art gallery and auditorium. MDCC is both a presenter of outside arts organizations and artists as well as the producer of student and faculty concerts, operas, dance and music concerts, and art exhibitions. MDCC rents outside venues for some productions. Most frequently used are the Colony Theatre, Kaleb Center and Coral Gables Congregational Church (due to its excellent acoustics). The Northern Campus ofMDCC, closet in proximity to Aventura, is one of the least active arts providers of the campuses. With a lack offacilities such as classroom, studio and performance spaces, MDCC faces a space crunch: their spaces are often double-booked and its own programs compete for space access. Therefore, it is difficult to grow the arts on campus, especially in the dance and music departments. There is also a shortage of arts facilities that are affordable such as the Colony Theater For student performances MDCC currently uses college facilities. However, they would possibly be interested in using a 400-600- seat venue in A ventura for two events a year and a classroom that seats 30 people 3-4 times per week. Talking about potential partnerships would interest MDCC. Fort Lauderdale International Film Festival! Miami Mini Fest Founded in 1986, this is Florida's largest and the world's longest film festival, this annual 25-day event features 100 films and over 300 Webb Management Services/1'heatre Projects Consultants, Inc. Page 23 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study screenings in venues that span from Boca Raton to Miami. They have a $1.4 million dollar budget, of which 25% comes from earned income and a year-round full-time staff of 6 plus 30 seasonal employees. Their volunteer staff ranges from 50-200 and they have 4000 members. They are a Cultural Institution Program member of the Florida Arts Council and one offive Major Cultural Institutions ofBroward County. FLIFF is also the producer of the shorter Miami Mini Fest, which has changed the venue for its weeklong showings in Miami-Dade from Coconut Grove to Aventura's AMC 24 theatre, which has stadium seating and high-quality sound. They also have periodic events in Aventura. A substantial number of their patrons reside in A ventura and there is a lack of existing facility suitable and affordable for their use. They would be very interested in increasing the frequency of their events in Aventura and using a facility if it had a 500-750-seat capacity with 35mm projection equipment and a large screen (l2x24 feet minimum), in a non- union facility. Parking, convenience and projection quality are concerns of their patrons. Karen Peterson and Dancers, Inc. Miami-based modern dance company founded in 1986, that is the producer of new works and a "mixed-ability" dance company with disabled and non- disabled dancers. Community events are at venues such as the Bayside, Colony, African Heritage Cultural Center, Coral Gables Festival of the Arts, Duncan Theatre, Florida International University (Tamiami and North campuses), Easter Seals Society, BCPAC, Miami-Dade libraries and the New World School of the Arts. Dance concerts are held at the New World School of the Arts, Duncan Theatre, and the Miami Shores Performing Arts Theatre. Their season runs from September through June with a total of 11 performances last year. There are 6 part-time staff and volunteers for the organization which has a $35,000 budget of which 25% is earned. Last year they offered 2500 seats of which 500 were sold. Using the New World School of the Arts is a challenge: since it's a school, access to dates is restricted and patrons are still nervous to travel downtown at night and parking is limited. They would be interested in performing in Aventura in an affordable, proscenium stage with wing space with a maximum of 500 seats for 2 shows per season, a small theatre up to 150-seats for 2 performances and a classroom that seat 20 and 40 once a year. It is imperative that the facility be accessible to the disabled. Dressing Webb Management Services/Theaire Projects Consultants, Inc. Page 24 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study rooms, scene and costume shop, catering kitchen and a box office are also preferred. La Rosa Flamenco Theater The only professional flamenco dance company in the area, this IS-year -old nonprofit dance company offers 20-30 annual performances and classes that range from ballet, tap, jazz and ethnic dance such as flamenco and Afro-Cuban to classes that serve students with special needs. Their studio is rented to them by the City of Miami Beach for $1 a year and they are able to adapt the space into a black box theatre that seats 100 for small informal productions. The venue most often used for their performances is the Colony Theatre and their extensive community outreach activities leads them to perform in other community spaces and street festivals. Their audience ranges from the tourist and those who travel from Palm Beach to local residents. La Rosa anticipates losing its space in the next year or two and is looking for a home. Since they were responsible for financing major renovations on their current facilities, they are used to paying more for their space. They seek a facility where they could be in residence, having performances and offering classes that would broaden to include more types of ethnic dance (i.e. middle eastern dance), theatre, and some more commercial exercise such as yoga. Should Aventura build a cultural arts center, La Rosa would be interested in discussing such a partnership. Miami Chamber Symphony Since 1981 this nonprofit organizations produces orchestra concerts. It currently performs 9 concerts a year, filling 7250 of the 9000 available seats. They have 1750 subscribers and 76 members and noted that a significant amount of support comes from residents of Aventura. The organization has a full-time staff of 3, 6 volunteers and a budget of $250,000 of which 33% is earned. They would want to use a facility in Aventura for a concert and children's concert series. The facility's should have a stage large enough for 40 musicians, full-sized grand piano and a chorus of 25-40 with seating capacity that ranges from 500 to 600 and is designed or convertible to appropriate acoustics for music. In addition, back stage dressing rooms, a large backstage area for musicians and storage of instruments, chairs and music stands and the availability of a first class full size Steinway is preferred. Usage of the facility would be for 5 performance days and 15 rehearsal days. Webb Management Services/J'heatre Projects Consultants, Inc. May 2000 Page 25 Draft Report c.. Aventura Cultural Center Feasibility Study Arts Ballet Theatre of Florida Founded in 1997, Arts Ballet Theatre of Florida is a junior ballet company that has used the Hollywood Performing Arts Center and North Miami Performing Arts Center for its past two seasons of 16 performances. ABT is the performance arm of the Aventura Dance Academy, a private dance studio that counts about 187 individual students in its emollment. It has reached capacity in its rented 1300 square foot dance studio and is looking to lease a 5,000-7,000 square foot property. The company would use a 1,000-seat performance auditorium with a ballet floor, lighting, sound system, wing space, fly system, backdrops, curtains, 6 dressing rooms and full backstage support. Other amenities, such as green rooms, scene, prop and costume shops, as well as a catering kitchen, box office and patron's office are desirable. ABT could book the hall for an estimated 10 days, of which there would be 6 to 8 performances and 4 days of rehearsal, preferably in an 80'x 80'space. ABT is confident about building its audience and observed that as the population changes, there is a high number of young children who need arts education. The Concert Association A nonprofit presenting organization of events such as concerts and dance that has used The Colony Theatre as one of its venues in the past. Over a season, they present approximately12 one-night events, such as the Alvin Alley, Boston Pops Orchestra or Pavorotti. In order to for these events to be economically viable, they need a 2000 seat facility. Fifty percent of its $4.5 million operating budget is derived from earned income. Since they do such short events, it can become difficult for them to find a facility as organizations with longer-running productions, such as the ballet and opera get scheduling priority. They would love to see a facility in Aventura, although they probably would not use it unless it could convert to at least 750 seats. A flexible space that could have varying seating capacities and stage configurations along with a small black box theatre is recommended. Webb Management ServicesIThealre Projects Consultants, Inc. Page 26 May 2000 Draft Report c e Aventura Cultural Center Feasibility Study Division of Life Skills, Miami-Dade County Public Schools The President's Committee on the Arts and Humanities recently featured this program (DLS) as one of eight districts in the country as a national model for arts education. DLS is a series of educational programs whose core subject areas are physical education and the arts. The division hires 1200 art teachers to reach the district's 360,000 students. Building upon the county's cultural diversity, initiatives include curriculum development, innovative educational choices, enriched learning opportunities, research-based instructional strategies, technology-infused instruction, career path exploration, community service opportunities, real-wold learning, enhanced parental involvement, and programs which include partnerships, collaborations, and multicultural projects that support the district's priorities. They recently opened Michael Krop High School, which includes an arts magnet program that will serve approximately 300 9th and 10th graders close to Aventura. DLS needs space for at least 30-40 student district performances per year and depending upon cost, would be interested in using a cultural arts center in A ventura. Or, DLS is potentially interested in pursuing a partnership with a facility in Aventura: they need performance facilities a venue to bring their performances to the community. They would prefer a 600-1200 seat theatre, gallery space, music, and practice and workshop rooms. In turn, they could develop low-cost programming such as after-school and Saturday classes for children, and adult education programs for the community. To a partnership they might offer teachers, custodial services, security, materials and other forms of operating support, but not capital funding. Miami City Ballet Webb Management ServicesiI'heatre Prajects Consultants, Inc. Page 27 May 2000 Draft Report C '. Aventura Cultural Center Feasibility Study Founded in 1986, the ballet company tours South Florida as it is based out off our counties: Broward, Miami-Dade, Palm Beach and Collier and has a tri-county National Board of Directors, With over 15,000 season subscribers and over 10,000 single ticket buyers, MCB has grown to be on the top-ten list of ballet companies in the United States, with a fiscal year 1999 budget of $1 0 million, For performances, MCB prefers venues that are over 1,000-seats and these mainstage needs will be satisfied by their new $7A million dollar home and the Jackie Gleason Theater, A of750-1000 seats venue in Aventura would interest them for a 'concert series' of smaller productions that they are contemplating beginning, This outreach programming might include a performance day in the fall and spring, with two shows per day and 2 days of preparation, for a total of 4 days of venue use per year, The facility would need a spring floor, lighting, sound system, masking curtains, dressing rooms, green rooms, crossover space, a catering kitchen and ample free or low-cost parking, The Miami-Dade Public Library System In addition to the Miami-Dade Public Library System's facilities, which includes twenty five neighborhood branches, the Main Library, four regional libraries, a porta-kiosk and the Talking Books Library, it has educational and cultural programming of system-wide exhibitions, lectures, concerts, performances and special events. Many facilities include exhibition spaces and collectively offer more than 700 free programs each month for children and adults that annually reach over 500,000 patrons. The Aventura branch has been open for over 20 years, They might be interested in developing joint programming, especially with children, using the Cultural Center in South Dade as a model of how a cultural arts center could relate to a library, Florida Dance Association A nonprofit organization incorporated in 1974 to serve and support the development of dance in Florida. Their programming facilitates the teaching, creation, presentation and administration of dance and the arts and provides leadership, information and services to dance artists and professionals, students, dance businesses and organizations, audiences and enthusiasts in Florida. Webb Management ServiceSITheatre Prajects Cansultants, Inc. May 2000 Page 28 Draft Report C. Aventura Cultural Center Feasibility Study For 22 years they have produced the two-week Florida Dance Festival, which includes 12 performances of mostly modem dance groups. There is also the Latin American and Caribbean Summer Dance Institute (in collaboration with Florida International University's Intercultural Dance and Music Institute) as well as numerous workshops and lectures. Partners in initiatives also include Miami's Tigertail Productions, Miami-Dade Community College's Department of Cultural Affairs and Karen Peterson and Dancers. FDA would be interested in using facilities in Aventura during its dance festival, if it were well equipped for dance and was inexpensive. Giovanni Luquini and Dancers A choreographer and dancer who uses local artists in a blend of modem, Brazilian and African dance with theatre, film and music. His nonprofit company, Akropolis, was incorporated 10 years ago and performs at Florida International University, the Colony, New World School of the Arts, Miami Dade Community College, as well as internationally in Brazil. Through the city of Miami, they have a studio facility, but would be interested to use a small performing arts facility in A ventura. The lack of arts facilities and events in northern Miami was again noted. Other Uses and Users Based on our discussions in Aventura and experiences in other communities, we can speculate about the possibility of a range of other uses and users for a new auditorium and adjoining smaller spaces. Specifically: ~ Film Series: A weeknight film series might present classic films, travelogues, or large-format films. This is an increasingly popular practice at community-run facilities, filling the event calendar at a reasonable cost and bringing new audiences to the building. ~ School Programs: Both large and small spaces could be well used by local colleges and schools given daytime access and high-tech capabilities for presentations. Webb Management ServicesITheatre Projects Consultants, Inc. Page 29 May 2000 Draft Report c e Aventura Cultural Center Feasibility Study >> Arts and Entertainment Presenters: The auditorium could develop a presenting role capturing artists and groups traveling in Florida. This might include small productions, popular music, dance and speakers. >> Civic, Business, and Community Events: Civic organizations and local business could also rent a large facility for meetings or special events. Dance studios, like Aventura Dance Academy are interested in using an affordable theatre for student recitals. Music teachers similarly might be interested in organizing a concerto competition at a new hall. >> Rehearsal Space: Arts organizations said that industries such as cruise lines and movies are in need of rehearsal space. Conclusions Arts organizations are interested in access to new facilities for performances and special events. Because of the several potential users and different audience, the facility best operate with multi-use spaces available to the largest number of activities. A summary of existing and potential uses and users, currently predicting a high capacity of utilization as seen below: Sarvey.r Aventura Area Arts Activity .,. '" ~...""'-== ............$ . ventw'aBalllltAcOOany Thm~ 500 1,000 6 4 J{} Karen PeteIllOIl Dancen Thm~ ISO 4 4 D~~ 300 500 4 I 5 Claslle3 20 I . I Classes 40 I I La ROlla Flamenco TIleatre D~~ 150 6 6 12 Thm~ 150 300 12 2 14 D~~ 300 SOO 8 2 10 D~~ SOO 600 I 2 3 :Miami Chamber SVfnohony MUlIic 500 600 5 15 20 Miami Cilv Ballet Thm~ 400 600 2 2 4 Miami Dade Community College Classes 30 175 175 J\.:\ixedEvents 400 600 2 2 Miami Mini Film Festival Film SOO 750 5 7 Miami Steel and Pm:uJ!9on Orchelltra Music 300 500 3 3 Momentum Dance Company Thm~ 200 500 I I 2 ewTheatre (Note: Their space needs are for May 2001.) Theater 125 150 150 strom ofExcentionW. AmtB Music 400 600 6 6 Williams Island Cultural and Educational Committee Mixed Events 500 700 12 . 12 Mixed Events 175 250 12 12 Totals 241 210 453 Even without the New Theatre, one can see that there are 303 days of utilization. While it is very difficult to predict use for a building that is three Webb Managemenl Services/Thealre Projects Consultants, Inc. May 2000 Page 30 Draft Report c e Aventura Cultural Center Feasibility Study to five years from opening, the table is based on current needs that tend to expand in time. Of course, the availability of key dates-- primarily Friday and Saturday nights-also impacts use of a facility. The key to activating these spaces will be to provide access to local users. A mix of programs, supplemented by a performing arts series, a film calendar, and other community events, represents the best opportunity for the building to meet community goals and serve residents. To accommodate such use, the hall will need to be flexibly configured to support a wide variety of programs. Conclusions In the interviewing process, arts organizations were enthusiastic about the concept of a performing arts facility in A ventura. Here are some of the reasons cited why performing in A ventura is attractive to arts organizations: ~ There is a lack of performing arts facilities in the A ventura market. ~ Aventura's close proximity to Miami and Fort Lauderdale audiences is attractive. ~ Many arts organizations have supporters who already live in Aventura ~ Aventura is already a destination for shopping and restaurants and has a reputation for safety whereas some audience members are hesitant to go into downtown Miami at night. ~ Despite the building ofthe new downtown Miami Performing Arts Center, groups are concerned over its affordability and access to its planned 200-seat black box theatre. ~ Regionally, there is also a shortage of arts facilities that are affordable. ~ Facilities for dance are particularly difficult to find even though many companies use the Colony Theater in Miami Beach, it does not have wing space. ~ Dance rehearsal and studios spaces are particularly in short supply. Given the general consensus among the arts organizations regarding the size offacility needed reveals the lack of such as space in the region. This, Webb Management Services/Thealre Projects Consultants, Inc. Page 31 May 2000 Draft Report c e Aventura Cultural Center Feasibility Study paired with the amount of usage from our interviews shows the viability of a facility in A ventura. Webb Management Services/Theatre Projecls Consultants, Inc. Page 32 May 2000 Draft Report c It Aventura Cultural Center Feasibility Study Theatre and Performing Arts Facilities Hollywood Art & Cultural Center, Hollywood, FL Caldwell Theatre, Boca Raton, FL Coconut Grove Playhouse Miami, FL Jackie Gleason Theater of the Performing Arts Miami Beach, FL Colony Theater, Miami Beach, FL 5. Regional Facilities Following are descriptions of current arts and entertainment facilities in the area. The regional area hosts a number offacilities; many fully utilized by regional arts and community organizations. This section is undergoing formatting and will be sent tomorrow. It covers the following types and names offacilities to be covered: Webb Management Services/Theatre Projects Consultants, Inc. Page 33 May 2000 Draft Report c.. Aventura Cultural Center Feasibility Study Broward County Performing Arts Center, Fort Lauderdale, FL Raymond F. Kravis Center for the Performing Arts West Palm Beach, FL Community Arts Centers and Facilities Aventura Turnberry Jewish Center, Aventura, FL Jewish Arts Foundation Palm Beach, FL Arts Groups New World Symphony, Lincoln Theatre Miami Beach, FL New Miami City Ballet Miami, FL School and University Facilities Webb Management Services/rheatre Projects Consultants, Inc. Page 34 May 2000 Draft Report c e Aventura Cultural Center Feasibility Study Gusman Hall Coral Gables, FL Jerry Herman Ring Theatre, University of Miami Florida International University, Park Campus Florida International University, North Campus Florida International University, South Campus Miami Dade Community College, Cultural Affairs Department New World School of the Arts Bailey Concert Hal, Broward Community College Central Campus Aventura Condominium Facilities Coronado Webb Management Services([,heatre Projects Consultants, Inc. Page 35 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study Point East Commodore Plaza Eldorado Towers Conclusions Of the over 25 facilities and arts groups we visited, interviewed or reviewed there is a vast spectrum of programs and services available to the South F10ridalMiami area residents. The pending construction and opening of the Miami PAC is widely anticipated and will greatly impact the regions arts programming and community. But, it is the smaller local organizations are the most in need of space. Throughout our interviews, certain themes and facilities needs to make a facility in A ventura more attractive to potential users were repeated: ~ Affordable space (i.e., keep rental and performance rates low and try to avoid becoming a union facility as it is too expensive for small and mid- sized organizations to afford) ~ Sprung floor for dance ~ Good acoustics ~ A fly tower ~ Ample wing and cross-over space ~ Lighting and sound equipment available for rental ~ Storage ~ Film-showing capabilities ~ Box office ~ Catering facilities ~ Rehearsal facilities Therefore, it important to come up with a facility concept that does not duplicate the current regional facilities, but answers the needs of arts organizations and Aventura community members. Webb Management Services/J'heatre Projects Consultants, Inc. Page 36 May 2000 Draft Report c.. Aventura Cultural Center Feasibility Study 6. Community Impacts and Benefits The next piece of the analysis is to consider how the development of cultural facilities might benefit Aventura and the region, and if the case for new facilities complements, or is strengthened by, these other community development goals. In other communities, cultural facilities projects have been initiated to resolve various quality oflife issues, such as: Community Development: A center for public gatherings helps to give a community a sense ofidentity and distinctiveness. The annual July 4th celebration, Founder's Day and events at Founders Park are good examples of this effect, in that they promote community pride and unity, and bring communities of people together. Cultural Development: A dedicated space for culture, the arts and community programs advances cultural development in two distinct ways. The facility acts as an incubator for developing organizations and programs, providing a resource for new activities and the opportunity to build an identity. The facility also functions to bring in new audiences and to expose the community to different forms of entertainment and culture, showcasing local talent as well as featuring diverse programming otherwise unavailable. Education and Training: Specialized facilities are often required for teaching and training students as well as professionals. A community facility can be used during the day to accommodate music or theatre rehearsals, and later kept open to host business meetings or professional development programs. The availability of a high quality performance space serves as a laboratory for students, teachers and professionals to continually improve their work. City Growth and Planning Through our interviews with Aventura's residents and organizations, we heard the following comments and concerns on the city: :>>- Aventura is becoming land-locked. Webb Management ServicesITheatre Projects Consultants, Inc. Page 37 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study ~ Traffic congestion continues to increase with the building of new homes and business. ~ Parking is a precious commodity both on individual private developments as well as throughout the city. Increased numbers of couples in Aventura in which both members work mean each household has two cars instead of one. ~ It is feared that growing the city's provision of amenities will increase resident's taxes. ~ However, as the younger population grows, amenities must meet the needs of young families as well as the older community. ~ There is the need to broaden the spectrum of activities available to the residents. ~ Aventura has Founders Park, an amenity appreciated by young families, but no indoor community facility to serve this population. ~ Despite Aventura's high number of who supports and attend arts activities, in the immediate vicinity there is a lack of arts activities aside from events of the Community Services Department, Aventura Dance Academy, Turnberry Jewish Center and select condominium developments. ~ Read estate developments are still being built Given the tremendous growth of Aventura's population and rapid real estate development, there is an overall need to create a cultural masterplan and to synthesize the various public projects, as the city becomes land- locked. In development of a cultural plan, A ventura needs to be aware of the concerns and needs of its community members so that the potential building offacilities will better address these points. Community Development As a young city, A ventura is still in the process of defining itself Residents cited city amenities such as streetscaping and Founders Park as incentives to reside in A ventura along with its shopping, dining, golfing and upscale housing developments. Aside from the city-provided amenities, Aventura relies on commercial entities to maintain its upscale and high quality lifestyle. Webb Management ServicesITheatre Projects Consultants. Inc. Page 38 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study The building of a cultural arts center would be an opportunity for A ventura to define its own unique identity. This structure can be a focal point for A ventura: architecturally, it can take advantage of A ventura's natural beauty and become a landmark for the city and its central meeting place. Programmatically, a cultural arts center can reflect the high and sophisticated interest in the arts and the intergenerational nature ofthe community. Webb Management ServiceslTheatre Projects Consultants, Inc. Page 39 May 2000 Draft Report c e Aventura Cultural Center Feasibility Study 7. Comparable Projects In developing a concept and plan for the development and operation of new facilities in Aventura, we have completed considerable research on comparable projects in similar communities. Weare particularly interested to know: ~ How are facilities managed to maximize their value to the community? ~ What form of organization brings partners together for the successful development, funding and operation of the Center? ~ What are reasonable expectations for level of use and financial performance? ~ What lessons were learned in the development of these other projects that might benefit the A ventura project? Largo Cultural Center, Largo, FL Largo's new cultural center opened in November 1996 for a total cost of $3.9 million. It includes the 333-seat Tonne Playhouse, with telescopic seating that can accommodate flat floor events. The second component is the 3,900 square foot multi-purpose room, which has a 225-person capacity for banquets. The project began with a $600,000 donation to the city from a private citizen to build a theatre in Largo Central Park. After an extensive study process, the city championed a plan to build a community center for a broad range of uses and users. Community input and involvement were utilized throughout the process to generate community ownership and pride. The City secured State grants of $1,000,000 and provided additional capital funds. Funds also came from the Penny from Pinellas program and special events sponsored by the local "Partners in Progress." The theatre is owned and operated by the City of Largo, through its Parks and Recreation Department. For the coming year, the center will have a staff of seven full-time and 3 part-time. Next year's operating budget of $644,000 will be 75% covered by earned revenues, including ticket sales, rental income and concessions. It is anticipated that within three years, earned revenues will match operating expenses, excluding some city servtces. Webb Management Services/Theatre Projects Consultants, Inc. Page 40 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study The theatre has been actively used since the Center opened, with more than 100 rentals. First priority goes to the six programs developed/sponsored by the city, including community theatre, children's theatre, lectures, concerts, and films. The multi-purpose room has also been busy, with banquets, meetings, school programs, instructional seminars and receptions. The Center has a very detailed and specific rate sheet for rental of the two spaces. For example, a Saturday evening rental of the theatre by a non- profit group is $500. There are additional charges such as technical services ($10-$20 per hour), light and sound system ($150), and piano tuning. So far, the biggest operating challenge in the facility is scheduling, making sure that local groups have sufficient access to the facility. In that regard, clear policies and procedures are critical. The 92nd Street y, New York, NY This facility is of particular interest due to its combination of cultural and educational programming to many generations. Founded in 1875, the 92nd Y is a community and cultural center that was initially built from private monies. Today, the facility is in use year-round except for Jewish holidays and the month of August and annually serves 300,000 people. The facility is known as a school, lecture hall, performance space, and community organization. Within the V's facility are two theatres, the Kauflnann Concert Hall (750 fixed seats) and the Buttenwieser Hall with its raised proscenium stage and flexible seating can accommodate up to 240. There is also a gallery space that is used for exhibits and meetings, a library, gym, classrooms and a residence. In its capacity as a community center, the Y offers adult education, a family center and physical fitness center. In its Charles Simon Center for Adult Life & Learning, courses in personal growth, career development, language as well as educational lectures and tours are offered. The Lillian & Sol Goldman Family Center for Youth and Family has classes for parents-to- be, a parenting center, nursery school, after-school program, 13 summer camps and special-needs programs for all ages. Under the Tisch Center for the Arts, concerts and theatrical productions are presents and produced. There is also the Y School of the Arts, which Webb Management Services/Iheatre Projects Consultants, Inc. Page 41 May 2000 Draft Report c.. Aventura Cultural Center Feasibility Study offers classes in music, dance and the visual arts. Classes are offered at all skill levels to all ages. They also bring in local school children for programmmg. Their operating budget of $28,500,000 has 69% earned income. The Programming has 86% of the budget devoted. The two arts programs comprise 28%, or $6,862,800 of this budget. The cultural programs cover lecture series, concerts of classical, jazz, lyric theater, fold and world music, dance and literary reading series. The organization is undergoing a major capital campaign and is about to construct a new building that will include 8 classrooms, a multi-purpose room, assembly space and computer lab, to expand its facility. Makor New York, NY Opened in October 1999 at a cost of$IO million, Makor opened on the Upper West Side of New York City. Funded by private monies, this facility falls under the umbrella of the Partnership for Jewish Life, which owns the facility. Makor operated the facility with a full-time staff of 25. Intended to be a cultural and educational center for Jews of all denominations in their 20's and 30's, it has many components to support its activities which range from live music, film screenings, seminars, theatre, trips, poetry readings, to lectures and workshops. There is a cafe which is best suited for musical performance, seating approximately 160 with kitchen, a 72-seat theatre, a reading room/library for 25, art gallery (1600sq. feet) and screening room (65), theatre for ISO suited for literary programming and lectures plus 6 classrooms that seat 20, each. There is also a small gym facility with lockers, showers and saunas. The project began in 1994 when a philanthropist wanted to help create a place to reach young Jews with activities and offerings that appeal with secular life. The $10 million, raised by private monies, was used to purchase and renovate the building. The organization now has a $3.5 million budget and anticipates earned income comprising35% of their budget. The remaining support is private. During one week, approximately 1000 to 1300 people enter the facility, which is open year round but dark on Mondays and during Jewish holidays. They have rented their facility 3-4 times a month, most often their screening room, to other nonprofits, individual artists and commercial interests. Rental rates have not yet been defined and Makor tries to give priority to rentals whose mission/purpose is complementary to their mission. Webb Management ServicesITheatre Projects Consultants, Inc. Page 42 May 2000 Draft Report C. Aventura Cultural Center Feasibiltty Study Irving Arts Center, Irving, TX The Vi/ar Center, Beaver Creek, NM The Irving Arts Center was constructed in 1986 for $7 million. The complex includes three full-service theatres with capacities of253, 450 and 712. The Center has an operating budget of almost $4 million, supported by earned revenues of $300,000 and proceeds of an area hotel tax. The Center has an FTE staff of36 and supports 250 events a year. The Irving Arts Center follows a professional performing arts center model, with multiple resident organizations, a complex box office operation, and several subscription series. The budget includes that producing organization. The Irving Arts Center is one of three centers of activity in Irving, despite the lack of nearby retail or restaurants. The Arts Center is located between Dallas and Fort Worth, five minutes north of Highway 183 near DFW Airport and over 35 area hotels. This location was selected to accommodate visitors as well as local audiences. Priority booking is assigned to the Center's 12 resident organizations. In March, the Arts Center asks companies to submit dates for the following season, one year in advance (October through September). At the end of April, when responses are compiled, the facility manager plots the calendar and identifies conflicting dates. This manager works directly with the organizations to find a solution. The Center's Arts Board later reviews and approves the calendar by August. In the event problems with the calendar have not been resolved, the Arts Board will make a decision. The Arts Board is appointed by City Council and does not represent any arts organizations. After the calendar is set, booking is done on a first-come, first-served basis. The Arts Center is 60% dominated by resident use. Irving's calendar of events features an impressive and diverse programming mix, from symphony concerts and galas, to painting and photography exhibitions, as well as family activities. Resident companies include Irving State Ballet, Lyric Stage, and Irving Symphonic Band, among several other organizations. The Vilar Center opened in February 1998. It is located on the ground level of a 7 -story building in Beaver Creek. The facility is owned and operated by the Beaver Creek Arts Foundation. Webb Management ServicesITheatre Projects Consultants, Inc. Page 43 May 2000 Draft Report C. Aventura Cultural Center Feasibiltty Study The idea for a performing arts center began with East West Partners. Alberto Vilar gave an initial lead gift of $3 million to fund the project and has contributed a total of $15 million, including the foundation of an endowment. The theatre was completely funded through private support. The end result is a 527-seat theatre that cost $21 million to construct and a 2,250 square-foot art gallery. The hall seats 300 on orchestra and parterre levels, with the remainder of seats in the balcony. The stage is 34' deep by 120' long. There is ample wing space, a grid, and full rigging system, but no fly space to meet standards large theatrical productions. The floor is sprung, making it ideal for dance. Backstage there are two large dressing rooms, two small dressing rooms, and area for instrument storage. Because of spatial constraints, the loading dock is located at a distance from the stage, near the building's main entrance. A board of directors, constituted of 24 individuals oversees the Beaver Creek Arts Foundation. A staff of 15 runs the theatre. Programming is planned and booked by an outside consultant. The box office employs an addition 7-9 part-time staff seasonally. Backstage, technical crew is non- union. The operation is mainly a presenting organization. During the ski season, 50-60 events are scheduled, and off-season 10-15 events take place. The performing arts series at the Vilar Center sell on average 85% of the house. The 1999-2000 winter season features a broad mix of entertainment, including the musical showcase "Smokey Joe's Cafe," Dr. John, the Capitol Steps, Tito Puente, and a classical music series, among other acts. Corporate rentals and other meetings help to fill up the calendar. The Vilar's annual budget for fiscal year 1999 was $2.5 million. Earned revenue constituted one-third of the budget. Less than 20 percent of the Vilar Center's programs are supported by ticket revenue. The Center receives some corporate support and donations from Vail Resorts, Inc. and Beaver Creek Resort Company. The Center also earns some income from rentals. As the season is ending this year, a few changes are being made. Originally there was no food service in the building. The Center is converting a storage area located behind the box office into a kitchen area. This will allow the Center to earn more revenue from both its own presented activities as well as rentals. Audiences for the Vilar Center are mainly local and Vail Valley residents. Second homeowners also make up a portion of ski season attendance. Webb Management ServicesiJ'heatre Projects Consultants, Inc. Page 44 May 2000 Draft Report c e Aventura Cultural Center Feasibility Study The Vilar Center offers a series of performances to expose children to cultural education. The Center also works with a community-use fund to support local productions. There are no facilities available within or adjacent to the Center to accommodate a full arts education program. The performing arts series also includes lower-priced family events to serve those needs. The founders of Beaver Creek had always imagined a central theatre since it was first projected as a resort community. The Vilar Center for the Arts offers a year-round stage where Vail Valley residents and visitors can participate and enthusiastically enjoy many forms of artistic expression including music, drama, comedy, dance and the visual arts. It provides a central setting for the many community events such as high school graduations, community meetings, and symposiums. Conclusions The following chart summarizes physical and operating characteristics of our comparable facilities: Prolect Cltv ODened CaDacitv Tv.. Bud... A..... Cost/sf Largo Cultural Center Largo, FL 1996 558 PAC $ 3,900,000 24,000 $ 163 Makor New York., NY 1999 472 CAC $ 10,000,000 13,000 $ 769 Irving Arts Center Irving, TX 1986 1,400 PAC $ 4,000,000 100,000 $ 40 The Vilar Center Beaver Creek,. NM 1998 527 PAC $ 21,000,000 70,000 $ 300 There are several key observations from this set offacilities: ~ None of these facilities are single-purpose. Only one of them has some space that is intended for one function ~ Several of the performing arts centers support all performing arts disciplines. ~ The size ofthe budget is a function of real estate costs and the level of presenting activity in the hall, as opposed to use by resident companies and other rental activity. There is not a linear relationship between the capacity of the hall and the level of annual funding. The following factors have a greater impact on Webb Management ServicesiIheatre Projects Consultants, Inc. Page 45 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study funding requirements: the overall level of utility, cost recovery objectives of the operator and the extent to which operating expenses can be shared with other facilities. Webb Management Services/Iheatre Prajects Consultants, Inc. Page 46 May 2000 Draft Report Co. Aventura Cultural Center Feasibility Study 8. Conclusions and Recommendations Conclusions ~ The Aventura market is highly attractive for cultural programming. ~ Several arts organizations have identified uses for a new facility. ~ Current facilities are inadequate for community programming and events. ~ Aventura's community would benefit from the development of new cultural facilities. ~ The facility market for national acts is already over-saturated. Recommendations Given the above, we take the position that one of the most important markets to be served by a cultural center is the local community and it should function as a home for community and cultural activities. We recommend the following: ~ A smaller, jewel-like facility between 400 and 600-seats for music, dance or theatre events and the Aventura area community. A small performance space would also be used by non-arts related groups for meetings, lectures and assemblies. No facility of this kind exists in the Aventura area. ~ The heart of building will be based upon excellent programming. Devising this must be simultaneous to planning for the building. A good model is the 92nd Street Y (chamber music, arts related lectures, ethnic programming, film, dance) and the a concert-like setting of musicals in the Encore series in New York City.) ~ Create synergy: the building is where community goes to view and take part in the arts. Webb Management Services/Theatre Projects Consultants, Inc. Page 47 May 2000 Draft Report C. Aventura Cultural Center Feasibility Study ~ Look to potential partnerships with local education institutions. Many are very supportive of the arts, from having facilities dedicated to their use to departments, majors, presenting and producing student and professional events. )> Facility needs to be unique. There are a number of regional venues, so this space must fulfill needs of Aventura's residents and regional arts organizations that are not currently met. ~ Offer activities that are not available locally and that residents would prefer not to travel to, such as computer and arts classes for the older community and after-school activities for children. ~ Make the facility easily accessible. ~ People move to Aventura for its convenience and beauty. A cultural arts center should add to this, and not subtract. )> Provide ample parking and plan to avoid traffic congestion. ~ The cultural arts center can be an architectural symbol of Aventura and be unique in the area, maximizing its probable waterfront location. ~ Regionally, there are many facilities where a patron goes to see an event. This cultural arts center should offer more to Aventura's residents, including restaurant and catering facilities, where residents can attend a lecture and then meet for coffee on a terrace/patio. ~ Place where the generations can meet. ~ Offers a central meeting place for the residents of Aventura. For example, the city's firework celebration can be on the waterfront, with the community gathering at the cultural arts center as well as during Aventura's boat parade. ~ If using the waterfront site, maximize its location: Have a space that can open up to the water, thus blending the indoor and outdoor audiences and increasing the interaction of the space with the community and those on the water. Let people moor boats to watch an outdoor concert event. The strengths of this project are the market for audiences and the absence of other facilities of its type. The challenges include the need to activate the facility with a broad variety of programs from inside and outside the Webb Management ServicesITheatre Projects Consultants, Inc. Page 48 May 2000 Draft Report Co. Aventura Cultural Center Feasibility Study community, and the search for funding for the construction and operation of the complex. Next Steps The next phase of our study will address these challenges directly in terms of physical program, capital and operating costs, governance, economic impact, and potential funding. Moving forward, the following issues will be particularly important: >> Site selection. >> Governance agreement. >> Operating polices and access. Webb Management Services/Fheatre Projects Consultants, Inc. Page 49 May 2000 r~ League of Cities 5/11/00 9:56: PAGE 2/3 RightFAX Florida League of Cities .L~ ~~1Cb- !l~ Action Strike Team To: Key Officials FAST Members Local & Regional Leagues From: Kelvin J. Robinson, Director Legislative and Public Affiars Date: May II, 2000 Re: Update on RR. 3709 (Internet Tax Moratorium) RR. 3709, the Internet Nondiscrimination Act, passed the House on Wednesday, May 10 at approximately 4:00 p,m. The bil~ by Rep. Chris Cox (R-California) would: . Provide a five year extension (until 2006) to the moratorium on Internet taxes from the current 3 year moratorium that will expire; and . Repeal the current clause that grandfuthers 10 states that currently impose a tax on Internet access kes. (The states are Connecticut, Iowa, New Mexico, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Wisconsin.) This legislation applies to multiple and discriminatory taxes and does not address the issue of sales tmnsactions that take place over the Internet. It continues to prohibit states and local governments from imposing taxes or kes on Internet access. During debate, three amendments were oftered to the bill. An amendment by Rep. William Delahunt (D-Massachusetts) would have changed the five year extension to two years and would have removed language repealing the current grandfuther clause, allowing the 10 states to continue to tax Internet access kes. This amendment was narrowly defeated by a vote of219-208. A second amendment, to the Delahunt amendment, was oftered by Rep. Steve Chabot (R-Ohio) that would have made the IOOratorium permanent. This amendment was also dekated by a vote of336-90. Pt18t Omee Box 1757 . Tallahallee, Florida 32302-1757 . (904) 222-9684 . S.neOlD 278-5331 . FAX (904) 222-380(; rL League of Cities 5/11/00 9:56: PAGE 3/3 RightFAK A second amendment. to the Delahunt amendment. was offured by Rep. Steve Chabot (R-Ohio) that would have made the moratorium permanent. This amendment was also defuated by a vote of336-90. A third amendment was offured by Rep. Ernest lstook (R-Oklahoma) that provided language encouraging states to work together to simpWY taxes so that they can create a filir and equitable balance between internet sellers and traditional merchants This amendment passed by a vote of 289- 138. Finally, Rep. John Conyers (D-Michigan) attempted to reconsider the motion on the Delahunt amendment that would have only changed the 5-year extension to 2 years, but that motion fililed. The final vote on the passage ofH.R. 3709 by the full House was 352 yeas to 75 nays. Below is how the Florida House Congressional Delegation voted on this bill: Yeas Michael Bilirakis (R-9) Corrine Brown (0-3) Charles Canady (R-12) James Davis (0-11 ) Peter Deutsch (0-20) Lincoln Diaz-Balart (R-21) Mark Foley (R-16) Tillie Fowler (R-4) Porter Goss (R-14) Bill McCollum (R-8) John Mica (R-7) Dan Miller (R-13) Ileana Ros-Lehtinen (R-18) Joe Scarborough (R-I) Clay Shaw (R-22) Cliff Steams (R-6) Karen Thurman (0-5) Dave Weldon (R-15) Robert Wexler (0-19) Navs Allen Boyd (0-2) A1cee Hastings (0-23) Not Votin!!: Carrie Meek (0-17) Please thank Representative Allen Boyd and Representative Alcee Hastings for voting "No" on this bad bill Should you have any questions or require additional information, please call me or Allison Payne at the League office. CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Patricia Rogers-Libert, Commissioner DATE: April 28, 2000 SUBJECT: E Commerce Equity Resolution May 2, 2000 City Commission Meeting Agenda Item 11 Please place the attached Resolution on the agenda for discussion and possible action. PRUtms Attachments cc: Commission To: Mr, Eric Soroka" City of Aventura 10:50 APR 20. 2000 1D: 202-626-3043 Dale: 04/2612000 Time: 11'03:24AM TEL NO: 202-626-3043 RE: FW Page 2 of 8 +83818 PAGE: 2/4 MEMORANDUM TO: STATE LEAGUE DIRECTORS STATE LEAGUE FEDERAL LEGISLATIVE STAFF MEMBERS OF NATIONAL LEAmJE OF CITIES STEERING COMMITTEES FROM: CAMERON WHITMAN DIRECTOR, POLICY AND FEDERAL RELATIONS NATIONAL LEAGUE OF CITIES DATE: APRIL 19, 2000 SUBJECT: ACTION ALERT Bills have been introduced in the House and Senate that would extend and expand the moratorium on the Internet which was passed in the Internet Tax Freedom Act of 1998, and is set to expire in October 2001. With sixteen months left on the existing moratorium, there is absolutely not need for Congress to pass le~islation to extend it now. ACTION NEEDED: 1. Meet with the members of your Congressional delegation during the Easter recess and ur~e them to oppose any move in Congress to extend or expand the current moratorium which covers Internet access fees, new taxes, as weIl as multiple and discriminatory taxes. (The Senate retUnlS to Washington on April 25 and the House on May 2. 2. Please have your city council pass the attached resolution on e-Commerce Equity and fax and mail it to your Congressional delegation as soon as possible. To: Mr, Eric Soroka, ,City of A....entura Date: 04/2612000 Time 110324 AM 'P1<L Message Attache' "Iease (i,,/ i"(~rmati~" ret(uesti"9 that C~"9ress eHe,,' the m~rat~rium on the Internet sales tak issue, while authorizi"fJ states to Jetlel~p a simpli(ieJ meth~' ~f co"ectinfJ such sales takes. The NLC has requesteJ that /lie pass a resolution in support ~f the morawrium, an' the FLC has askeJ that /lie contact ConfJress. Ca" lJou i"cluJe a 'raft resolution in the 'Other Business' section ~f the age"Ja for Tues/alJ's meeti"fJ, /IIith a" bacfcfJrou"J i"formati~", (anJ a cotler mem~ra"Jum fr~m me asfci"g that it be incluJeJ ~" Tues/alJ's age,,/a)? I Wi" touch base With lJou later. Thank lJou. Patricia , Phone 305 933-9775, Fax 305935-2170 To: Eric Soroka Fax Number: 305-466-8939 From Pages 8 Date 04/26/2000 WinFax PRO Cover Page RE_ FW Page 1 01 ~ r 0 [ eresa Soroka, . City oj Aventura FL League of Cities 4/21/00 Uate D4i2dUuuO rime 120ti uti prvl RightFAK Rt:. I-\i~' ~'ay~ 1 014 4 : 50 : PAGE 1/ 4 April 21, 2000 Volume 27. Issue No. 11 Legislative BULLETIN Please..:op;. and distribute to all appliO:<lblt' pcr'>IJI~~ '\ll'~~:x,l Ivkmher, \.fanager CIClI:. Anllmey FiMnce Direcl(JJ 11()1{11>\11\(,l~OI(IIl~""'.P'O BO\.l-.;;-.I-\II-\II-\"....11 11 3~io~-1-':;;:- I"-III_'::'::_'I,"~.I '\{"'lll_~__l:;lll.IIIIIlI\I_, hll]' \\""11.111",1111.'1111 I ,,:'/11., I1I1 \,,11,1 Week Seven: Two Weeks To Go As we approach the final two weeks of the 2000 Regular Legislative Session, several of the League's legislative pnonnes are finally moving. Emergency Management legislation has been placed on both the House and Senate Calendars. The Slmpllfled Communications Tax bIll and the MuniCIpal Revenue Sbanng Refonn bill have also been placed on the Senate CaleneL1f for consideration. Likewise, there are some bills that preempt or otherWIse erode mnnicipal authority that have been placed on the House and Senate Calendars such as the "Right to Farm Act". See inSide for more details. Th""k yo..: 'l11e League would like to thank those members of the Volusia County League of Cities and the Nonhwest Florida League of Cities for their lobbying assistance this week. They include: Mayor Anthony Yebba and Councilman Harold Casteel, Orange City and Mayor Walter Kelly, City ofLynn Haven. .denotes League priority -MllaJdpal Revenlle SbariJlg (Sllpport) The Senate Comprehensive Planning Comminee approved SB 1536 (Klein) on Monday, April 17 SB 1516 "ill now go to the Senate Floor for vote. HB 2253 (Melvin) passed out of the House General Govennnent Appropriations Comntittee Action: Please tblll1k Rep. Albright and Sen. Carlton for hearing these bills in their respediye committees. We are encouraging Rep. Sembler to witbdraw HB 2253 from tbe General Government Appropriations Committee. 'Simplified Communications Taxation The House's Simplified Communications Taxation bill has re",,,-ed a number, wbich is HB 2415 (Rojas). The bill will be heard by either the House General Govennnent Appropriations Committee or the House Finance and Taxation Committee on either April 24 or April 26. In the Senate, CStCS/SB 1338 (Home), has been placed on the Senate Calendar and is available to be heard by the full Senate at an)1ime Action: Many of the outstanding issues nn tbis bill have been resolved. The bill includes study commission language regarding cable in-kind sem""" and a vel)' detailed "repealer~ wbicb will state that unless tbe Legislature takes action as required nnder tbe bill during tbe 2001 Legisbltive Session. lbe law as it currently exists tOOa)' will he reinstated. Tbe League is working on lbe final amendments to HB 2415, wbicb will be considered next week. Also, CStCSISB 1338 will bav'e to be amended to conform it to the Hoose bill, Private Property Rights Bert J. Harris Act (Oppose) HB 659 (Alexander) has been repeatedly postponed by its sponsor on the House floor. Its Senate companion bilL SB 2476 (Kirkpatrick), will be considered Monday April 24 by the Senate Compo Planning Committee The League opposes both bills because they snbject local governments to increased liability ,mder the Ben J Harris Private Propeny Rights Act (O'Hara) Right To Farm Act (Oppose) HB 2237 (Conumnee on Agriculture and Putnam) passed the House General Government Appropriations Committee With an amendment that will prolnbit local governments from adopnng ordinances that regulate any funning activit)", where the farming actiVity is subject to regulation by a state agency or water management distnCl. Thanks to Reps. Lawson and Ritter for their support of mmricipal interests m that committee. Cunendy, local governments may adopt more stringent regulations than those imposed by a state agency or water management district. unless the area of regulation is expressly preempted by Slate or federal statute. This amendment would take this authority away from local Legislative Bulletin Page I Florida League of Cities In.. J 0 leresa Soroka. . Criy of Avenlura fL League of Cities 4/21/00 kl:: t'V1I Page 2 ui 4 Dale 04i28/2(JQU 11me 12060ti PM RightfAX 4:50: PAGE 2/4 governments. This means that a local government could not adopt local environmental or water regulations that would be applied to farming operations. SB 1904 is ready for a vote on the Senate floor. It differs from HB 2237 in that it prohibits local governments from adopting 1!!!Y ordinances that regulate agricultural uses, but approved local environmental programs are exempted. HB 2237 and SB 1904 are "must pass" bills for the Department of Agriculture and Consumer Services, and the League is urging members to support amendments that would strike the Right to farm language from these bills. However, SB 1848 (Kirkpatrick) is a "stand alone" bilt that would also amend the Right to Farm Act in a manner similar to HB 2237 and SB 1904. SB 1848 will be considered on Monday, April 24 by the Senate Comp. Planning Committee Action: Please rontact your legislators and members of tbe Senate Compo Planning Committee a, soon as po..ible. Urge them to ,'ote "no. on SB 1848 and SB 2476. Ask a1llegiolators to ,upport amendmenlll to SB 1904 and HB 2237 tbat would strike tbe Rigbt to Farm language. Be!Ure to ~all or write committee memhen prior to Monday's ~ommiuee meeting. A sample oppo,ition letter for eacb bill i, provided for your rouvemenee on tbe League', Home Rule Watcb websitc. (O'Hara) Compo Planning Committee (phone numbers): Sen Lisa Carlton, Chair Sen. Patsy Ann Kurth Scn Charlie Clary Sen. Tom Lee Sen. "Doc" M)'Crs Sen Howard Forman Sen. Steven Geller Sen. Richard Mitchell (R'iO) 487-'iORl (850) 487-5053 (850) 487-5009 (850) 487-5072 (850) 487-5088 (850) 487-5103 (850) 487-5097 (850) 487-5017 Outdoor Advertising/Billboards (Oppose) The outdoor advertising industry appears ready to attempt to amend the Florida SlaMes to prohibit local governments from establishing amortization periods for the removal of outdoor advertising signs. This issue is also known as expanding the "just compensation" requirements for the removal of outdoor advertising SIgns. 111e Federal Highway Beautification Act requires cities and counties In states reccivlOg federal highway money to pay jnst compensation wben tbey require removal of outdoor advertismg signs adjacent to federal highways. The Act does not preempt city and county authority to reqwre removal of billboards Wlthout compensatIOn provided a reasonable amortization period is allowed. Many ctties and counttcs m the state of Florida have adopted reasonable amortization riods (often between 5 1/2 to 10 years) for Ihe removal of outdoor advertising signs not adjacent to federal highways. The outdoor advertising industry's proposed amendment is a radical departure from current state law. Action: Tbe outdoor adverti,ing industry bas not yet attempted to amend any 'pecific bill; bowever, any bill relating to transportation i, a potential vehicle for such an amendment. CS/HB 8'JJ (K. Smith) and CS/CS/SB 1368 (Web,ter) are the two Department of Tran'portation bill. and are likely bill. for any amendments. Members of the House and Senate Transportation Committees have been alerted to tbe po,sibility of thi, amendment. Please contact your Senators and Representative, and encourage them to oppose any amendmenlll to remove the authority of eitie. aDd coonties to adopt reasonable amortization schedules for tbe removal of outdoor advertisin2 ,lIms. (Conn) Buildin1! Codes The Florida Building Code (Support) CS/CS/S8 4 & 380 (Diaz-Balart and Clary), which addresses the enactment and implementation of the Florida Building Code, remains on the Senate's Special Order Calendar. HB 219 (Constantine), the House version of the building codes bill, "as heard for the first time on April 18 and passed the House Community Affairs Cmmnittcc. Thc main difference betv,reen the two biBs is the geographical area that "ill be subject to the tougher windstorm standards. While both versions rcqmre the tougher windstorm standards for the sonthern half of the state, the House bill would also unpose the tougher standards on a greater area of the northern half of the state. Both bills allow local governments to retam the authority to enact more stringent standards than those contained ill the Flonda Building Code. Additionally, the House bill would delay the Implementation of the new code until July 200 I. Action: While CS/CS. SB 4 & 380 i, on tbe Special Order Calclldar, HB 219 has two ~ommiUees of reference remaining, the House Committees on Business Regulation & Consumer AITain and Transportation & Ealnomic Development.. The League will continDe to work with the Legislatore to ensure that the Code, and tbe administration of tbe Code are consistent with tbe League's 2000 Legi,lative Policy Statement. (Kelly) f'iHnc~ 1IJId...l:&l Local Government Financial Assistance Program (Support) Technical The Conference Committee on General Government Appropriations has recommended $200,000 for the Financial Tcchnical Assistance Program Legislative Bulletin Page 2 Florida League of Citi.. lot. T Q r eresa Soroka. , City 01 Avenlura FL League of Cities 4/21/00 Oate. (J4i2bi20vU I Hlle 12Gb 06 PI',l 4:50: PAGE 3/4 RightFAX r\t. rVV r'age 3 Of cj Action: Please thank the members appointed to the Conference Committee Cor their .upport. (Smith) Local Revenues/fraffic Infractions (Oppose) SB 152 (Sebesta) and DB 859 (BaIl) limit a municipality's reveDlle generated from civil penalties, collected from tmJIic violatiom, 10 no more than 25 percent ofthe municipalil),'S total annual revenue The bills exclude gmnt reveDlle from the calculation or total revenue Action: SB 152 wa. temporarily deferred by lbe Senate Compo Planning Committee 011 Monday, April 17, but is on tbe calendar for Monday, April 24. DB 859 has been referred to the Doose Transportation and Economic De>'elopment Appropriations Committee. PIea.e contact lbe members of these committees and urge them to oppose Ibis bilL (KdIy) Local Taxing Authorities (Oppose) RlR 2191 (Feeney) is a Hoose Joint Resolution proposed to amend Article VII, Section 9, or the Florida Constitution. The resolution provides that afier January I, 2001, no countY, school district municipality, or special distric~ may _e, expand the base oJ; increase the rate oJ; or repeal an exemption from a tax unless enacted in a separate local mle or ordinance for that pwpose only by a three.flfths vote of the membership of its governing body Action: Each h....e of the Legi.lature mu.t pas. a joint raolution b)' a three-fifths ,'ote in order for the proposal to be placed on the ballot. Currently, there i. no Senate companion to OJR 2191. PIe... contact y...r legi.lators and enc...rage lbem not to .upport this joint resolntion to restrict tbe aulbority of municipal governing hodies to establish tax polides Cor their respective municipalities. (Conn) General Government Tral1ic Calming Techniques (Support) Action: HB 1181 passed the H....e Community Affairs Committee and will now go to the Criminai Ju.tice Appropriations Committee. Please contact your House members and urge them to .npport thi. bill. (Kelly) Red Light Safety Act (Support) HB 1159 (Elfman and Levine) cWlles a pilot project, in Palm Beach and Broward Counties, authorizing municipalities located within those coonties to use tralfic infraction detectors to photograph motor vehicles running red lights and issue tickets to the violators based upon tho;e photographs HB 1159 recently passed the Hoose Community Affairs Committee and will now go to the Tmmportation and Economic Development Appropriatiom Committee (Kelly) Personal Watercraft/Jet Skis SB 2554 (King) and DB 2225 (Alexander) relate to the regulation of boating vessels, including personal watercraft or jet skis The bills amend section 327 60, Florida Statutes, which acknowledges that local governments may regniate the operation and equipment or boating vessels within certain limitations The amendment states that any ordinance or local law adopted by a local government mai, not discriminate against personal watercraft or jet skis This amendment means lhat any regulations adopted by a local government could not be specifically related 10 personal watercraft or jet skis, but woold have to apply equally to all boating vessels The bills also amend section 327 40 Florida Statutes, regarding tbe marking ofwaterwa)~ Thi; amendment states that no c;ty or county may place any safety or navigational markers in, on. or eNer the waters or shores of the stale v.ithoo.l obtaining a pennit from Ule Division or Law Eororcement of the Fish and Wildlife Conservation Commission Action: DB 2225 ilj in the Hoose General Gm'ernment Appropriation. Committee and SB 2554 is in the Senate Namral Reswrces Committee. Please contact yoor legi.lator. and inCorm them as to how these bills will impact any jet .ki regulations y... may have or y...r abilit)' to mark waters within your jurisdiction. Also, please contact the League with any comment. y... haw, If yoo w...hI like a copy of eit her bil~ please contact Su.an Oarri. at the League. (Conn) DB 1181 (C Smith) authorizes local government to pla1~ design comtruct, install, or maintain trdffic calming '1echniques" on the streets and highways under their jurisdiction. The bill is intended to allow local governments to employ the use or traffic calming techniques. including, but not limited to speed bumps, speed humps, speed tables, r~ts, or otoor pavement designs, without being subjected to the requirements or section 316 0745, Florida Statutes or the approval of the Florida Department or DB 2335 (Community AlTairs), formerly PCB CA 00-08, Tmmportation There is an amendment traveling with the passed the Hoose Government Operatiom Committee on bill that enoompasses the pfO\isions of DB 471 (Gottlieb) Wednesday. A "strike everything" amendment and 20 autoorizing municipalities with a populalion over 1 million additional amendments were offered and briefly deliberated to impose a surcharge, up to 55, on civil penalties collected However, only 5 passed favombly Tbe Lea~e still has a from traffic infractions The proceeds ofthe surcharge must commitment from Rep Alexander to hold off on DB 659 be used for residential traffic calming programs Bert J Harris Private Property Rights Protection Aa: Lq;slative Bulletin Florida League of Cities Ine. Page 3 Growth ManUSlement Rt I-v\l i-'age 4 of 4 To Teresa Soroka, . City of Avenlura FL League of Cities 4/21/00 Dale 04/L8/2UOO Time 120606 prv) RightFAX 4:50: PAGE 4/4 pTO\'ided a state imposed one-year moratorium on the down-zoning of agri<llltural lands wntained in HB 2335 remains in the bilL We are still concerned about HB 659 and SO 2476 so continue to keep those opposition phone calls and lell"'" going 10 yoor legislators Extensive changes pJ"()\'ided in the "strike eVeI11hing" amendment pu;itively shape growth managemeIt efforts and the effects to municipal operation; remain minimal Such changes exempt airports meeting the airport master planning requirements from develq>ment of regional impact reviews and return; acreage of small scale amendment to 10 acres or less (HB 2135 initially provided that a small scale amendment was 40 acr.. or less and lhat all airports were exempt from DR! review) The "strike CVeI)thing" arnprvhnent also removes the transportation concurrency exemption q>tion granted to local governments for regional activity cent"'" such as malls, offioes, stadiums, hotels, motels and industrial parks A detailed sullllll3IY of the differenoes between the "strike everything" amendment and HB 2335 is provided on Home Rule Walch Action: Please contiJDle to correspond with your legislators and Id them know of the commitment "re1ve made to .upport BB 2335 if Boose L<:adership ceas.. furthcr action on thc Bert Barri. Property Right. Bill. Yoo ma)' acc... a draft letter on the Lcague', wcbsite It'w,'ar.ncities.com onder "Growth Management" on Home Rule Watch. (Carper) Personnel and Ethics Division of Fire Manhal Regulating Safety (Oppose) HB 1151 (Wat"", and oth"",) passed the House Insurance Committee on Monday, April 17, unamended SB 1682 (Governmental Oversight) is on the Senate Calendar Thesc bills would allow the State Fire Marshal's Division, Department of Insurance, to enforee and add statewide safety regulations, for fm:fight"", only. The regulation of all other public employees is yet to be dctcnnined, as this issue involves the abolishment of the Department of Labor, with diflerent scenarios contained in several different bills SB 2180 (ClaIy) would re-institute the Division of Safety, but dm",size it to a BufC3U within the Di\ision of Workers' Compensalion The Division of Safety was abolished, effective in 2000, during the 1999 Session The Senate bin does not have a companion, but could be .",ended onto a Hoose bill that is progressing throogh the system. The League is strongly oppu;ed to the Fire Marshal's office pronmlgating rules and regulations, managing im.-pections, requiring ne,,' workpla:e safety programs, just for fire departments, and IC\1'ing penalties on firefighter employers (up to $50,(00) Safety programs shoold apply to all empl~ees Fire unions are strongl)' pushing the idea in order to facilitate the adq>tion of more state mandated standards on employers. such as increased OSHA and NFP A standards that arc now optional Action: Please a.k yoor legislators to oppose BB 1151 and SB 1682, and support SB 2180 as an alternative, (Marohner) Florida Retirement System (FRS) The House and Senate have disagreed until now on what benefits to increase, what sUlplus to retain, whether to reduce contribution rates for employ""', and whether to institute a defined contribution (DC) plan for all employees The Senate held a press conference on Thursday, April 20 to announce th::ir position on all the aforemertioned, contained mo;tly in SB 1026 (Silver) (three IT average final compensation cakl1lation, five year vesting. DC plan for all, reinstatement of the 3% benefit for police and fire. and minimum disability increase for special risk from 42% to 65%) On TIuHsday, the State Boord of Adminislmtion (Governor, Treasurer and Comptroller) finalized their policy on reserves under tbe FRS, which essentially aII,,"~ for just enough money to retroactively increase benefits for police and fire (the 3% accrual rate that they received in the 70's and was rescinded in the 80's). The League's pu;ition is that city contribution rates are too high, specifically for special risk employees, and should be reduced We support any other q>rions, especially the DC plan option, to the e~1ent that contribution rates are decreased Immediately follO\\'ing the Stale Board of Administration's meeting, the Hoose held a press conference with the Police Benevolent Association to announce that they would increase benefits to cover the police and fire 3 % reinstatement, increase minimum disability for police and fire to 65'Y~ reduce vesting for all emploj'ees to 8 years, and institute a DC plan for all employees These issues ~;ll most likely be taken up in DB 2395 (pruin) At this time, il appears that the oroiected contribution rates for general employees will be 889'Y~ and 1987% for special risk, as of January I, 2001 Action: H )'oor city partieipat.. in the FRS, ask j'oor legislators to remember local employers when making decisions regarding the .tate retirement ,)..tem, (Marohner) Legi,latlve Bulletin Pa~e 4 Florida League of Cities Ine. RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING ITS OPPOSITION TO ANY CONGRESSIONAL ACTION TO IMPLEMENT THE ADVISORY COMMISSION ON ELECTRONIC COMMERCE'S REPORT PROPOSALS THAT PREEMPT STATE AND LOCAL SOVEREIGNTY; OPPOSING THE EXTENSION OF THE CURRENT MORATORIUM UNLESS CERTAIN CONDITIONS ARE MET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the use of new communications technologies, including the Internet, as a way to conduct sales of goods and services is accelerating; and WHEREAS, out-of-state vendors who conduct sales via the Internet, under many circumstances, are not required by law to collect existing sales and use taxes imposed by state and local governments in which the purchaser resides; and WHEREAS, the primary barrier to collecting taxes on sales via the Internet is the Supreme Court's ruling in Quill v. North Dakota which defers to Congress, and only Congress, to authorize states to require vendors selling via the Internet to collect taxes in a manner that does not unduly burden interstate commerce; and WHEREAS, current laws create a competitive disadvantage and great inequities betvveen merchants who sell from traditional "brick-and-mortar" establishments and those who sell from electronic stores; and WHEREAS, this migration of sales to the Internet is restricting the ability of state and local governments and school districts to collect taxes which finance essential Resolution No. Page 2 public services including but not limited to police, fire, emergency medical service, education, social services, infrastructure development, and local health care; and WHEREAS, the United States Constitution reserves for the states the right to collect and impose taxes; and WHEREAS, 45 states and the District of Columbia collect over 40 percent of overall revenue from sales taxes to fund vital public services; and WHEREAS, a recent University of Tennessee study estimates that sales tax revenue losses in 2003 will exceed $10 billion; and WHEREAS, the Advisory Commission on Electronic Commerce, established by the Internet Tax Freedom Act, failed to address, in a fair and equitable manner, the growing volume of tax-free sales transactions occurring over the Internet, lNhich have put "brick-and-mortar" stores at a competitive disadvantage; and WHEREAS, the Commission's report to Congress does not effectively address the tax losses state and local governments will experience if the Internet becomes a permanently tax-free retail market. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura opposes any congressional action to implement the Advisory Commission on Electronic Commerce's report proposals that would preempt state and local sovereignty, guarante'9d by the 10th Amendment of the United States Constitution. Resolution No. Page 3 Section 2. The City of Aventura supports simplification of state and local sales taxes, and urges states to move expeditiously to craft and approve model legislation. Section 3. The City of Aventura opposes any congressional efforts to expand the current moratorium to cover state and local sales and use taxes. Section 4. The City of Aventura opposes any efforts to extend the current moratorium unless the extension is for two years or less and is directly linked to congressional authorization to states that simplify their sales and use tax system to collect use tax on all transactions via the Internet. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 2nd day of May, 2000. Arthur I. Snyder, Mayor ATTEST: Teresa M. Soroka, CMC, City Clerk Resolution No. Page 4 APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ~pr-17-00 lO~42A robQrt diamond 3059339920 P.Ol (:!i(~~ fjJinnuHuf 3000 Island Boulevard Apt. 1806 Aventura, FL 33160 (305) 932-4131 Fax (305) 933-9920 April 17, 2000 Hon. Arthur Schneider Mayor, City of Aventura 2999 N.E. 191~ Street, Suite 500 Aventura, FL 33180 Re: Mayor's Citizenship Award Dear Mayor Schneider: Two incidents occurred here at Williams Island involving two safety officers and for which, I request that you give consideration to awarding both men your "Mayor's Citizenship Award." Both men are truly deserving of the award. As you know, I am the President of the 3000 building here at Williams Island. Safety officer ShetTord "Lee" Walker has been with our building about three weeks. He had recently retired from the United States Marine Corp. On April 7, 2000, Lee was walking just outside our building when he found cash in the amount of $1,000. He immediately reported what he found to his superior. Within the hour, Mr. Rick Buell, a contractor doing work in our building discovered his loss and reported it to our management office, including the amount of the loss and circumstances of bow and where he lost it. What he lost and the location where the money was found tied in exactly with what Lee had found and the money was turned over to the contractor. Lee received a reward of$loo. Hc also received our thanks and appreciation for his honesty and integrity Now onc could say that he was simply doing his duty, however, I believe that begs the issue. At thc time that he found the money, he was by himself and no onc saw him. It would have been very easy for him to simply put it in his pocket and not say anything, and I dare say, he probably could have used the money. I believe that it takes a person of honesty and integrity not to keep the money and to turn it in as he did. That kind of honesty should be recognized. Lee should serve as a model for respect and decency . ShetTord "Lee" Walker resides at 7771 Kismet Street, Miramar, Florida 33023. Apr-17-00 10:42A robert diamond 3059339920 P,02 Within as few days of the foregoing incident, 1 sent a letter to all of our residems advising them of Lee's conduct, A copy oftne letter dated April II, 2000 is enclosed herewith, Lee is actually an employee of our Master Association (property Owner's Association) and assigned to our building. Upon receipt of my letter to tne residents aforesaid. I received a call from a resident of our building Mrs, Lenore Simmons who advised that a similar siruation occurred about a year ago nere at Williams Island, Her husband, Dr, Bernard Simmons, lost his wallet during his morning bike ride around the Island He notified the Public Safety Department of Williams Island of his loss, At about four PM, safety officer Alfred Montgomery. while on his hourly patrol of the Island found the wallet, It contained Dr, Simmons' drivers license. credit cards and $100 in cash. The safety officer immediately returned the wallet to Dr. Simmons with the full coments untouched. He also received a reward of $25,00 from a very grateful Dr. Simmons. Alfred Momgomery resides at 15320 NW 291h Court, Opalocka, Florida 33054, Once again, it was the safety officer's duty to turn it over, however, when all of us face temptation, particularly when we could use the cash, not all of us have the integrity to do what is right. Both men should serve as roll models for young people to emulate - people who have a job to do and they do it in an honest and proper manner. I humbly suggest that you consider both men for special recognition ~i:~_~ Roben Diamond ~ c,c, lules Trump c.c, Alan Matus c.c. Steven W. McNally, Williams Island Direcror of Public Safety . __Apr-17-00 lO:42A robert diamond 3059339920 P.03 ~ ~ . lOOO ISLAND BOULEVARD CONDOMINIUM ASSOCIATION. INC. April 11, 2000 Dear tlesident: Every once in a while something bappellll which is so very nice that we want to share it with all ofttle residents of OUT building. In the recent President's Letter to the Residents, I advilCd lbIt we intended to do everything that we oouId to help make this building "world class" One of our newer safety officers bas already demonstrated that degree of honesty lIDlI profelllionalism. Safety officer Sheft'ord Lee Walker (Lee) has been with our building for the past few weeks. He had recently retired from the United States Marine Corp. On April 7, 2000, Lee _ walking just outside our building when he found cash in the amount of 51,000. He immediately reported what he found to his superior. Within the hour, a contrador doill& work in our building dilCOvered his 101& lIDlI reported it to our manasement office, illClucIing the place where he believed he IIIIY have lost it What he lost IIIId die \ocarion tied in with what Lee had fOUDd and the money was turned over to the COfttl'ICtOl'. Lee reoeived a reward of S 1 00; however, he also received much more. He received our tbanb and appm::ialion fur his honesty lIDlI integrity. The Mayor of the City of Aventura bas also been advised of what took place and Lee may also be hearing from the City in recognition of his conduct. The lUbject of Lee's conduct will also be discussed at our next Board of DirecIon' naeebll8 on April 1&.. Sincerely, Raben Diamond, Board President CITY OF A VENTURA CITIZEN OF EXCELLENCE AWARD GUIDELINES 1. Any resident of the City may nominate in writing, an individual or corporation to be considered for the Citizen Of Excellence Award. 2. Nominees that are selected for the Award shall be recognized by the Mayor at a Commission Meeting and be issued a Certificate of Appreciation. 3. The Mayor shaU utilize the foUowing criteria when selecting a nominee for the award: . Contributions to the betterment of the community through outstanding service to the community. . Performed an act of good citizenship. . Actions that bring national attention to the City. . Performed an accomplishment worthy of emulation. . Actions that enhance a sense of community in Aventura. CITY OF AVENTURA CITY COMMISSION SUB COMMITTEE MEETING APRIL 28, 2000 11 A.M. Aventura Government Center 2999 NE 191" Street Suite 500 Aventura, Florida 33180 A City Commission Sub-Committee meeting comprised of Commissioners Jay R. Beskin (Chair), Arthur Berger and Patricia Rogers-Libert was held on Friday, April 28, 2000 immediately following the Arbor Day Celebration. The purpose of the meeting was to discuss Commission procedures during Workshop and Commission meetings. The meeting was called to order at 11 a.m. Those present at the meeting were Commissioners Beskin and Berger, City Manager Eric M. Soroka and City Clerk Teresa M. Soroka. Commissioner Rogers-Libert was absent due to illness. Members present reviewed Resolution 96-18 which establishes Rules and Procedures for Commission meetings, in particular Section (f)vi regarding Commission Reports. Discussion also included procedures for further discussions at Commission meetings of items previously considered at Workshop Meetings. Board members recommend the following: 1. There should be no limitation on discussions at Commission Meetings of items previously considered at Workshop Meetings. 2. Discussion at Commission Meetings under "Reports" section should be limited to items which a Commissioner has done and/or recognition of a citizen or an event. 3. At the conclusion of each item addressed at a Workshop Meeting, the City Manager will provide a verbal summary of the outcome of discussions and action, if any, to be taken as a result of such discussions. The meeting adjourned at 11 :25 a.m. Teresa M. Soroka, CMC, City Clerk RESOLUTION NO. 96-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING COMPREHENSIVE COUNCIL MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4.01 of the City Charter of the City of Aventura, Florida provides that the City Council may establish procedures relative to City Council meetings and agendas; and WHEREAS, the City Council acknowledges the need to establish procedures relative to City Council meetings and agendas; and, WHEREAS, the adoption of these City Council meeting procedures is in the best interests of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. The following Comprehensive Council Meeting and Agenda Procedures are hereby adopted: a. CITY COUNCIL MEETINGS i. Reqular Meetinqs. The City Council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. at the Aventura Hospital Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida or such other location designated by the City Council from time to time. ii. Special Meetinqs. Special meetings of the City Council may be held upon the call of the Mayor or upon the call of four (4) or more members of the City Council. Additionally, the City Manager, pursuant to City Charter Section 3.03(10), is hereby authorized to call Special Meetings of the City Council as necessary. Whenever, a Special Meeting is called, forty-eight (48) hours' notice shall be given to each member of the City Council and the public, or such shorter time as the majority of the City Council shall determine necessary in case of an emergency affecting life, health, property or the public peace. Immediately upon convening such meeting, the City Council shall consider such determination. Notice to the public shall be posted at the Aventura City Government Center. Notices shall state the place, date and hour of the meeting and the purpose for which such meeting is called and no further business shall be transacted at the meeting except as stated in the notice. Discussions at Special Meetings shall be limited to the items referred to on the agenda for such meetings. All meetings shall be open to the public, except as may be expressly exempted by state law. iii. Robert's Rules of Order. All meetings of the City Council shall be governed by the rules of procedure provided by Robert's Rules of Order, Newly Revised 1990 Edition. b. DUTIES AND RESPONSIBILITIES OF THE MAYOR i. Mavor To Serve As Presidinq Officer. The Mayor shall be the presiding officer at all City Council meetings. The Vice Mayor shall act as the presiding officer during the absence of the Mayor. In the absence of both the Mayor and Vice Mayor, the remaining Councilmembers shall, by majority vote, select a 2 presiding officer to carry out the functions of Mayor, as defined in this Resolution. The Mayor shall decide on all questions of order, subject, however, to an appeal to the other members of the City Council, in which event a majority vote of the City Council will govern such questions of order. The Mayor shall vote on all questions and items and be called last. The Mayor shall introduce agenda iterns by the agenda itern number. The City Attorney shall read the titles of legislation as requested by the Mayor. Thereafter, the Mayor may call upon the City Manager to give any needed explanation of the item up for consideration. Following this, the item shall be opened for City Council discussion or public hearing as required by the item, under the guidelines established herein. All comments or questions by the attending public shall be directed to the Mayor. II. Mavor to Maintain Decorurn At Council MeetinQs. Should a rnember of the audience become unruly or behave in any improper rnanner prejudicial to the proper conduct of the meeting, the Mayor is given the right and the authority to require such person to leave the Council Chambers, to be accompanied, if necessary, by a Police Officer. In the event the audience or a part the:eof becornes unruly, the Mayor rnay either recess or adjourn the meeting. 3 c. ORDER OF BUSINESS The order of business of the City Council at the regular meetings shall be as follows: (1) Call to Order/Roll Call (2) Pledge of Allegiance (3) Approval of Minutes (4) Special Presentations (5) Consent Agenda (6) Public Hearings - Ordinances, Land Use Items, etc. (7) Resolutions (8) Reports (9) Other Business (10) Public Comments (11) Adjournment d. COUNCIL DISCUSSION i. Discussion Bv Councilmembers. Discussion by members of the City Council, including the Mayor, shall be unlimited except as determined by a majority of the City Council. Each member shall be afforded the opportunity to offer rebuttal to each item discussed. A member, once recognized by the Mayor, shall direct all comments or questions on the subject matter being discussed to the Mayor only. Councilmembers shall not engage in cross conversation with other members or the public. Members of the City Council shall not interrupt another member who has the floor. The Mayor shall not unreasonably withhold or delay recognition of any member of the City Council desiring to speak. The Mayor shall recognize other members of the City Council in rotation and not call on any member a second time or subsequent time until such time as all members shall have had an opportunity to speak. ii. Questions Bv Councilmembers. In the event a member wishes to direct questions to another member or to the public during a public meeting or 4 presentation, the questions shall be directed to the Mayor who, in turn, will recognize the Councilrnember or rnember of the public who wishes to answer the specific questions. In the event a member wishes to direct a question to the City Manager, the question shall be directed to the City Manager through the Mayor, who will, in turn, recognize the member. All questions of City staff shall be made through the City Manager. e. PUBLIC PARTICIPATION AND DISCUSSION I. Public Hearinqs. Individuals wishing to speak on matters that appear on the agenda as "Public Hearings" need only to be recognized by the Mayor. The public shall be permitted to speak after the Mayor opens an item for Public Hearing. After the Public Hearing is closed by the Mayor, only members of the City Councilor Administration shall discuss the item. ii. Addressinq. Council. Manner and Time. Public discussion shall be limited to three minutes maximum per person; however, the Mayor may authorize the extension of the aforesaid time frame, after due consideration for the substance, content, and relative importance of the subject. Any extensions granted should apply to other individuals speaking on the same subject. Each person who addresses the Council shall step up to the speaker's podium and shall give his/her name and address. No person other than the Council and the person recognized by the Mayor as having the floor shall be permitted to enter into discussion without the permission of the Mayor. All questions from the public to the Council shall be addressed through the Mayor. 5 f. COUNCIL MEETING ITEMS I. Approval of Minutes. Unless a reading of the minutes of a City Council meeting is requested by a member, such minutes may be approved by motion without reading the minutes. Revisions or correction to the minutes may be made at that time. ii. Special Presentations. This section of the agenda is reserved for presentations, proclamations or special recognition made by the Mayor. III. Consent Aaenda. There shall be a consent agenda during each regular City Council meeting. The consent agenda shall contain Resolutions, Ordinances for first reading, motions and other pertinent matters which, in the opinion of the City Manager, may be handled and implemented without necessity for discussion. Unless a Councilmember specifically requests that an item be removed from the consent agenda, such items shall be approved and adopted by a single motion and roll call vote. iv. Public Hearinas. Ordinances for second reading or items requiring a public hearing shall be placed on this portion of the agenda. v. Resolutions. Resolutions not included on the consent agenda shall be placed on this portion of the agenda. VI. Reports. This section of the agenda shall be utilized for the Mayor, Councilmembers, City Manager and City Attorney to provide informational reports. As much as it is possible, the topic of the report should be provided to the City Manager prior to the close of the agenda so that the item may be noticed 6 to the public. No final action may be taken during this portion of the agenda unless determined to be an emergency by five (5) affirmative votes of the City Council. VII. Other Business. The Mayor or a Councilmember who has a request for the preparation of policy legislation or action by the City Attorney or Administration shall place such requests for consideration by the City Council under this section of the agenda. A signed written memorandum or form provided for such purposes shall state the purpose of the item/action, the major points to be covered, the reasons for necessary action, and the action desired by the Councilmember. Said document shall be provided to the City Manager prior to the deadline for closing the agenda. The request shall not be acted upon until such request is approved by a motion of the majority of the City Council. viii. Public Comments. Individuals wishing to speak on matters not on the agenda but pertinent to the City may do so by signing in with the City Clerk prior to the meeting. The Mayor will recognize those persons who signed in under the agenda item "Public Comments." ix. Adiournment. All meetings of the City Council, whether they be special or regular meetings, shall be adjourned at 12:00 midnight. However, the City Council, by affirmative vote of five Councilmembers present at the meeting, may extend the meeting beyond the time limit. In any event, the motion to continue the meeting must provide for a specific time frame which the City Council will honor for the purposes of continuing the meeting. 7 g. COUNCIL AGENDA PREPARATION i. Placement of Items on Aqenda. All appropriate background material shall accompany the item in the form of a signed memorandum. All information relating to items to be placed on the agenda shall be submitted by the City Council member to the City Manager by 12:00 noon the Wednesday prior to a regular meeting. A complete package of all agenda material shall be provided to the City Council by the City Manager no later than the Friday evening prior to the date of the meeting. In the event pertinent information relating to an agenda item is missing or unaccounted for prior to the meeting, the City Council may remove the item from the agenda at the meeting. ii. Aqenda Closinq Dates. The agenda for all regular meetings of the City Council shall be closed by 5:00 p.m. on the Wednesday prior to the date of the meeting. No additional items shall be added to the agenda after the agenda closing date unless it is deemed to be an emergency. An item requiring immediate Council action and not included in the agenda may be added to the agenda by five (5) affirmative votes of the City Council determining consideration of such item is necessary as an emergency. iii. Preparation of Leqislation. All Ordinances and Resolutions shall show the name of each Council member and whether such member voted for, against or failed to vote. All Ordinances and Resolutions, once approved by the City Council, shall be executed by the Mayor and attested to by the City Clerk. 8 iv. Sequence of Aqenda Items. Upon request by the Mayor and/or other members of the Council, items on the agenda may be moved out of sequence in order to expedite the matters before the City Council. h. QUASI-JUDICIAL PROCEEDINGS i. Quasi-judicial proceedings shall be excepted from this Resolution and shall be governed by City Ordinance. Section 3. Conflict. All Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. Severabilitv. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution, but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 5. That this Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Councilmember Rogers-Libert who moved its adoption. The motion was seconded by Councilmember Cohen , and upon being put to a vote, the vote was as follows: Council member Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Council member Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder yes yes yes yes yes yes yes 9 PASSED AND ADOPTED this /8 day of June, 1996. ATTEST: ~ ~{J7z ~C;L ACTING CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: 'fr-I ~ ~ CITY ATTORNEY 10 AR ~ DRAFT RESOLUTION NO. 2000-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING GUIDELINES FOR NAMING OF PUBLIC FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR REVIEW AND RECOMMENDATION COMMITTEE; PROVIDING GUIDELINES FOR ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION FOR THE NAMING OF PUBLIC FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura has received requests for the acceptance of monetary donations for memorial purposes and naming of public facilities within the City of Aventura; and WHEREAS, this Commission desires to set forth guidelines for naming of public facilities and for the acceptance of monetary donationsin consideration for said naming of public facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. No public facility located in or owned by the City shall be named except in accordance with the procedures set forth in this Resolution. No monument or memorial shall be established within the City except in accordance with the procedures set forth in this Resolution. Section 2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Resolution No. 2000-_ Page 2 Committee means the memorial naming review and recommendation committee consisting of four City Commissioners appointed by the Mayor, Chairperson of the Beatification Board, Chairperson of the Recreation and Cultural Arts Advisory Board and the City Manager. Memorial means a site, art work, tree or structure created to preserve the memory of a significant event(s) or person(s). Monument means a bust, sculpture, or similar structure, erected in honor of a significant event(s) or person(s). Plaza means an open public square. Public faCility means any public building, plaza or park owned by the City. Section 3. Review and Recommendation Committee. Whenever a name is needed for a new public facility or whenever there is a proposal to rename an existing public facility within or owned by the City, the naming or renaming shall first be considered and reviewed by the committee according to the following procedures: (1 ) Any person, organization, association, corporation or other entity, including a member of the City Commission or the administration of the City, may propose a name for a new public facility or street, or may propose renaming an existing public facility, at any time, by submitting a proposed name to the committee. (2) Within a reasonable time after receipt of the proposal, the committee shall meet to consider and review proposals for the naming or renaming of the public facility. Notice of the meeting shall be given to all persons who have proposed names for the public facility. (3) After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the City Resolution No. 2000-_ Page 3 Commission regarding the proposal. The recommendation may also include any names proposed by the committee. (4) Notwithstanding any other provision of this section, public facilities shall not be named or renamed for living persons. (5) Public streets shall not be renamed after individuals. Section 4. Monuments or memorials. Whenever there is a proposal to establish a monument or memorial on public property in the City, the establishment shall first be considered and reviewed by the committee according to the following procedures: (1) Any person, organization, association, corporation or other entity, including a member of the City Commission or the administration of the City, may propose the establishment of a monument or memorial at any time by submitting a proposal to the committee (2) Within a reasonable time after receipt of the proposal, the committee shall meet to consider and review proposals for the establishment of the monument or memorial. Notice of the meeting shall be given to all persons who have proposed the establishment of the monument or memorial. (3) After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the City Commission regarding the proposal. (4) The City Manager shall recommend park and/or facility improvements that may be funded from monetary donations in consideration of recognizing individuals to be memorialized. Resolution No. 2000-_ Page 4 (5) Within a reasonable time after receiving the recommendation for a naming or renaming from the committee, the City Commission shall call a public hearing. (6) At the close of the public hearing the City Commission may select a name for or rename the subject public facility, plaza, monument or memorial. However, the name selected need not be one recommended by the committee. (7) The City Commission may only consider a proposal that has been approved by a majority of the members of the committee. Additionally, any proposal must be approved by a five-sevenths vote of the City Commission. Section 5. Acceptance of monetary donations in consideration for the naming or construction of public facilities. Whenever there is a proposal to rename an existing public facility owned by the City in consideration for monetary donations, or construction of a new facility by utilizing monetary donations, the item shall first be considered and reviewed by the committee according to the following procedures: (1) Any person, organization, association, corporation or other entity may offer a monetary donation in excess of $10,000, in consideration for renaming an existing public facility or for constructing park improvements or facilities, at any time, by submitting a proposal to the committee. (2) Within a reasonable time after receipt of the proposal, the committee shall meet to consider and review proposals. Notice of the meeting shall be given to all persons who have submitted proposals. Resolution No. 2000-_ Page 5 (3) The City Manager shall recommend park facility improvements that may be funded from monetary donations in consideration of recognizing individuals to be memorialized. (4) Atter reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the City Commission regarding the proposal. (5) Notwithstanding any other provision of this section, public facilities shall not be named after a living individual. A public facility can be named in honor of a family. (6) A public facility will not be named atter an individual who has committed an illegal act which became known to the City before or after the donation. (7) Within a reasonable time after receiving the proposal from the committee, the City Commission shall call a public hearing. (8) Where a public facility is to be named, or the acceptance of money for public improvements, the City Commission may only consider the request approved by a two-thirds vote of the committee and a five-sevenths vote of the City Commission. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Resolution No. 2000-_ Page 6 Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this S'hday of June, 2000. ATTEST: ARTHURI.SNYDER,MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: Eric M. Soroka, City Manager FROM: Arthur Berger, Commissioner DATE: May 19, 2000 SUBJECT: Comments on FRA Proposed Rules on use of Locomotive Horns at RR Crossings The City Commission has the opportunity to submit to the Federal Railroad Administration by May 26 comments regarding its Draft Environmental Impact Statement (DEIS) and Notice of Proposed Rule making (NPRM). Comments I propose for consideration by the Commission at its workshop meeting of May 23 are as follows: " \', \ \' .. t'L 1. Regarding the length of time over which a train horn should be sounded, the rule should be amended to define what is meant by the word "long". The present rule requires that a horn be sounded with two longs, one short, one long. But no maximum length of time is specified for the word "long". Some Florida East Coast Railway engineers seem to think that "long" means sounding a horn for an indefinite period of time. This omission should be corrected so that "long" means sounding a horn for a period not to exceed a specified length of time, one or two seconds for example. 01'-- 2. Again regarding the length of time over which a horn is to be sounded, under the proposed rule Sec 222.21 (b) (3), it is proposed that a locomotive horn be sounded a minimum of 20 seconds and not more than 24 seconds before a train enters a crossing. This requirement may be reasonable if the horn is sounded during daylight hours when traffic and other noises conflict with it. But it is unreasonable during the nighttime when all is comparatively quiet and residents of the City of Aventura are trying to sleep. Prolonged train horns at this time are a great disturbance. For example, during the early morning hours of March 22, between 12 AM and 2 AM, a train horn sounded repeatedly over a period of fifteen or twenty seconds and awakened sleeping residents of Williams Island. I ask that the rule be amended to require a minimum of 110 seconds and a maximum of 12 seconds at night for the sounding of a train horn. 3. Regarding the noise level, the horns now used by engineers are excessively disturbing. One resident in the Del Prado condominium that parallels the FEC tracks and is about one quarter mile from them reported that on one occasion the train horn heard in his unit was measured at 86 decibels well above the acceptable community decibel level of 65 decibels. During the early morning hours of March 23, the train horn noise level in Williams Island bedrooms about one half mile from the railroad tracks was as loud as a loud television set in the bedroom. I ask that whatever maximum sound level is established it be such that by the time the sound travels to Aventura residences from the grade crossings, it will have dropped to the acceptable community decibel level of 65. If the proposed noise level changes to 104 decibels or III decibels will do that, I have no objection to them. If they do not, I ask that the maximum noise level be lowered to whatever level will do that. Arthur Berger Commissioner CC: City Commission Crrvof" AveNTORA <.\I)e<.\l)OraN<::/O<.\l) To: HIm. Arthur SnlJiler, AI "r C"mmissi"nus, Cit " ~lIentura From: Plltricill R"iJer C"mmissi"ner Date: Re: Miami-Daae ~aiJue "f Cities - Mall MeetinIJ Attached please find inf"rmation prot/ided at the Miami-Dade League IIf Cities (DLe) meeting held Ma, 4". Items of particular note: Aaenaa Item 7 A Ellualaaes Restllration U"aate: Tire DLC memberslrip passea a resllfutilln IIppusing anll reauctillns utithin the SIIuth Flllritla Water AlanalJement District uthich utllUftl reauce proiJrams antl/llr staffinIJ tll the municipafities, antl/llr anll transfer IIf financiaf respunsibititll fllr lllcaf share tll cuunties ana cities. Aaenaa Item 78 Gollernment Ethics Wllrkshll,,: The DLC wiff hoftl an ethics wllrkslrllP IIn Fritlall, June 9". Russ Marchner encuuraIJea members tll attena. Aaenda Item SA Treatment of tire Mentaffu 1((: JuaiJe Stelle ~ifman has createa a prlllJram which wif( pr"IIiae interllention rather than prllsecuti"n to those mentaffll if( inaMauafs c"mmittinlJ minllr crimes. P"lice IIfficers in the Miami ana Miami Beach PIIlice Departments Iralle been trainea to recIIIJnize pussibfe sllmptllms IIf mentaf itfness ana take apprllpriate actilln - e.IJ., transpurt tll JMH. JualJe ~ifman has inllitea IItlrer municipalities to illin utith him in implementinlJ this pr"lJram (see attachea Miami Heraftl clippinlJ ana Miami-Daae LealJue Resllfution). Aaenda Item SA Traffic (/;"(ati,,n Pretrial Sustem: JualJe Leifman, with JualJe (/ictllria SiIJler, halle initiatea a pitllt pretrial hearinlJs IIn traffic infractions uthich ao not ret(uire that the citinIJ officer be present. The resufts IIf the pitllt sUlJlJest silJnificant increases in fine rellenues with substantial aecreasea in pulice II11ertime (see attachea article, Impact IIf Pretrial C"nference IIn CMf Traffic Ticket Operatillns.) Aaenaa Item SC Allentura Resolution su"""rtina American Heart Associatilln Enallrsement "f Public Access Dellice: I repurtea that the Citll IIf Allentura wiff pass a reslllutilln statinlJ that ute are a Heartsafe cllmmunitll, ana wif( encouralJe businesses, securitll cllmpanies and resitlents to receille traininIJ in CPR ana use IIf public access aellices. ' 1 Mr. M<<rcbner incfuded tlri. item on tbe <<,end<< <<(fer spe<<kin, witlr Mefodll Comb. of Compfi<<nt <<nd tbe Mi<<mi-D<<de Fire Department. I d"n't know if Rus. t<<fked witlr anll cill/ 'Mff prior tll pfacin, tlris on tbe a,enda. Miami-Datle Leafue IIf Cities - Ma, Meetinf Pafe 2 Allentla Item 9A Allillnce 'IIr Ethicaf GtI/lernment: The Alliance, tin which ntl efected tlfficittfs htttle been permitted ttl ser/le, is de/leftlpinf tt pefic, ttl ctlrrect pubfic ctlrruptiqn. Mr. Marchner wiff prtl/lide us with tt CtlP'l tlnce he recei/les it. Allendtt ftem 9C Lellisfttti/le Ctlmmittee Re/Wrt: The Lettfue passed II restlfutitln requestint} thttt the federttf ftl/lernment reimburse ftlcaf ftl/lernments ftlr funds e/(pended ItS the resuft tlf ntttitlnttf immifrtttitln peficies (attttched). Please ad/lise if ttddititlnaf inftlrmtttitln is required. Thank 'IIU. c: Eric Sortlka, Cit, MttnttlJer The Miami-Dade County League of Cities, Inc. 7480 Fairway Drive, Suite 206, Miami Lakes, Florida 330 14 Phone: 305.557.1722 Fax: 305.821.5228 OlllCt:ltS l'~.,id.nt liON WlfREDO (WILLY) GORT C"mmi~sioncr, Miami Finl Vie.Pre,ident IIU;,\< I{ S SHIVER \'ceMayor, FloridaCily S..ond\o';crPr.,idrnt !lO:'" RfrJECA 50SA \IJ\'or, WCSI Miami rhinl ViccPrnidcnt liON DANIEL S TANTLEFI' Vice Mayor,BalHarbollr Snr.l~ry 110.... JULIO KOBA!)'.;" Councilman, Hialeah rrca_.urtr liON JOE J RASCO 1I.!Jyor, Key Bis.caync IlOARD OF DIRECTORS liON, PATRICIA ROGERS-LIBERT \'iccMayor,Aventura IfO_~ SY ROTH Councilman.Bal Harbour liON ROllERTH YAFFE \'lCcMayor, Ba}'Harborlslands IIOr-; MJGIAElOTTEN Commissioner, Biscayn. Park liON JAMES T BARKER ('"mUli,sioncr. Coral Gables HOI' AUDREY EDMONSON Councilwoman, EIPortal HO~ JUA~ITASMITH Commissioner. FloridaCily 1l0~ SARA CH1KOVSKY ,ouncilwoman, Golden Beach liON GILDA CABRERA ~Iayor. Hialeah Gardens 110,"" STEVE SHIVER \lJyor. Homeslead 110..... LEONARD MILLER ~b\or, IndiallCreek IIO~ JACK MORROW -'1J'or.Medley I [0:" JIMMY L MORALES C<lmnllssioner. M,ami-Dade (OUnI" II()~ BETSY KAPLA~' lloardMember \liami-DadeCounlySchoo[Board liO~ LUIS GARCIA Commissioner, Miami Beach 110;..; AL DAVIS Cnune,lman. Miami Shores IIO~ Y\'01'.'NE S ORR \'lcc.\layor, Miami Sprin~s flO'i PHILIP SCHONBERGER Commissioner. North Ba" Village HO'i FRA'IK WOLLAND \la',or, NonhMiami liD,," JAY R. CHERNOFF Counc,lman. Nonh Miami Beach lIO,," ALVIN MILLER \I~vor. Opa-Loeka If 0,," Cl1'<DIE BLANCK Cuuncilwoman.Pinecrcst HO\; -,IARY SCOTT RUSSELL CommISsioner. South Miami 1m' DAVID SAMSO:-J -'Ia,'or, Sunny Isles Beach HO'i MELBA MANERO Cammiss'oner. Surfside 110:\ PRJSCA BARRETO C(luncil""iOman, Sweetwater 110:\ FRED "SPENCER~ DE~O. IV Councilman. YirginiaGardens 4, // 6, 7. f'-\STPRESIDENTS 110'" JAMES T. BARKER C"''''llissinncr. Coral Gables IlO'i JOHN A. CAVALIER. JR -'l.i;or.Miami Springs 110:-..' JOHN KliRZMA:-l \'i~( MJyor, Nonh Miami Beach 110:\ RAL'L L. MAR TlNEZ ~1J\Or. H,aleah HO:-; JEFFREY A MISHCON \.la\'or. NortllMiami Beach liO:\ f\RTHL'R S~YDER \Ia,or, Aventura 8 t:.(~ut;,t Lli~tCln~ b,,~ril'" RUSS ~IA!tCHNER Gf".nICoun.t1 IIOWARDIl ILNAIUl FINAL AGENDA BOARD OF DIRECTORS MEETING Thursdav, Mav 4. 2000 6:00 P,M. Reception. 7:00 P.M" Meetina beains Hyatt Regency Coral Gables, 50 Alhambra Plaza, Coral Gables Sponsor: Greater Miami Convention & Visitors Bureau 1, WELCOME: President Willy Gort, Miami City Commissioner 2, INVOCATION: Vice mayor Patricia Rogers-Libert, Aventura 3, PLEDGE OF ALLEGIANCE: Mayor Joe Rasco, Key Biscayne INTRODUCTIONS: CONSENT AGENDA: A. Approval of minutes of April 13, 2000 meeting (attached) B. Monthly Financial Statement, May 1, 2000 (attached) C. Presentation of bills SPONSOR PRESENTATION BY GREATER MIAMI CONVENTION & VISITORS BUREAU: BILL TALBERT, PRESIDENT DEFERRED UNlf11-A FUTURE DATE ),/\ .,:",:,r' - .P J) ~ "......J_ I _,' I OLD BUSINESS: ) ~!.),,/ j .. t, I '0/" ,/' : (/" . ,/ A. Everglades restoration update. .. ~,)" "", B. Update on Commission of Ethics (H, Lenard) Government Law & o Ethics Training workshop, 8:30- 11 :30, Friday June 9, 2000, Wyndham Miami Airport Hotel, 3900 NW 21st Street, Miami (East of Airport) NEW BUSINESS: A. Benefits to local Government of New Court Programs fo} Treatment of The Mentally III and Traffic Violation. Cq(J~ Judge Steve Leitman, (attached) \,>,0 ",c \ . "1..,1 ~'\!"'r'\;\\,L. ,:\ j 1"r\ '.;' Miami-Dade County League of Cities FINAL AGENDA 05,04,00 Page I of2 B. Lost to Local Governments resulting from Federal Government practices and decisions. (Daniel Tantleft) C. City of Aventura resolution supporting American Heart Association. Endorsement of Public Access Device (Automatic External Defibrillators) 9. COMMITTEES: j ..1f 1J", ,1 ~V~l 1(' l,fr' r-" If//J' ,r / i^--" /' rt'0 ~)./ ,i.'A{I- ,/rf A. Alliance for Ethical Government (Marchner) B. Gold Coast League of Cities (Patricia Rogers-Libert, Aventura Commissioner/Newly Elected Chair of Gold Coast League) Next meeting at 7:00 p.m. on May 11, 2000, Riverside Hotel, Las Olas Blvd., Fort Lauderdale C. Legislative (R. Sosa) D. South Florida Regional Planning Council (John Kurzman/Frank Wolland) E. Miami-Dade Film, Print and Broadcast Advisory Board (Dan Tantleff) 10. COMMUNICATIONS: A. Information on Multi-Disciplinary Practices for Professionals: Legal, Financial and Guidance (attached) ~("') ~ :/' ".e. /'! i "'(' r , , B. Copy of letter from West Miami Mayor Rebeca Sosa to South Florida Water Management District Executive Director Frank R. Finch warning about potential damage from high water. 11. ANNOUNCEMENTS: A. June Board Meeting: 7:00 P.M., June 1,2000. Sponsor Rachlin Cohen & Holtz. B. Annual conference of Florida Association of Nonprofit Organizations (League is member) May 22-23,2000, Tampa Hyatt Regency, DCJwntown (call 305.557.1764) (attached) C Citizens Transportation Advisory Committee (CTAC) public hearing, 6-8 p.m. Wednesday, May 10, 2000, County Commission Chambers, Clark Center, 111 NW First St, Miami, Call 305.375.4507 12 GOOD OF THE ORDER: 13. ADJOURNMENT: Miami-Dade County League of Cities FINAL AGENDA 05.04.00 Page 2 of2 MINUTES MIAMI-DADE COUNTY LEAGUE OF CITIES BOARD OF DIRECTORS MEETING Thursdav. April 13. 2000 6:00 P.M. Reception. 7:00 P.M., Meetina beains Airport Wyndham Hotel, 3900 N.W. 21't Street WELCOME: President Willy Gort, Miami City Commissioner. INVOCATION and PLEDGE OF ALLEGINCE: Coral Gables Commissioner Jim Barker. SELF-INTRODUCTIONS were made including the New Director of the F.I.U. Institute of Government, Dr. Howard Frank. Not present were Aventura, Bal Harbour, Bay Harbor Islands, EI Portal, Florida City, Hialeah Gardens, Homestead, Indian Creek, North Miami, Pinecrest, Sunny Isles Beach, Sweetwater and Virginia Gardens. Motion to Accept the resignation of Former Surfside Commissioner Mitchell Kinzer (State House Candidate) as Third Vice President of League and elect Daniel Tantleff , Julio Robaino and Joe Rasco, third Vice President, Secretary and Treasurer respectively was made by Rebeca Sosa and Jim Barker. Daniel Tantleff was elected 3d Vice President, Julio Robaino was elected Secretary and Key Biscayne Mayor Joe Rasco was elected Treasurer CONSENT AGENDA: Motion to accept was made and unanimously approved. Including: Approval of minutes of March 2, 2000 meeting, Monthly Financial Statement, April 1, 2000; Presentation of bills; and appointment by President of Frank Wolland, North Miami, as one of three appointments to Miami-Dade County Homeless Trust Board OLD BUSINESS: President Gort reported on the importance of correct Census. Miami-Dade Cities will lose more than $3,000 each year for each person not counted in federal funds for ten years. Jim Barker emphasized the importance for municipalities to be involved in the process and monitor your city's response. Please take a personal interest. Rebeca Sosa gave an update on Everglades restoration. Copy of City of West Miami's presentation available. Howard Lenard gave an update on Commission of Ethics. Please, work closely with your personal attorney, city attorney and city staff. A new industry has been created. There are now published opinions. At the workshop there will be discussions on sunshine, public records, etc. President Gort stated this is very important. Russ Marchner reported on County Commission RE: Local Zoning in Transit Zones and Proposed Reduction in Gas Tax which the County did not approved. The County will study the zoning rules. Gas tax failed. H. Lenard stated County wants to over zone, city zoning works through inter-county cooperation. Russ Marchner reported that we are still working on the reimbursement to private property owners of damage done by Citrus Canker. NEW BUSINESS: Russ Marchner reported that the Miami-Dade League will apply for a $100,000 grant from South Florida Community Urban Resources Partnership in name of Gold Coast League of Cites for environmental education. Jeff Mishcon reported on the proposed support of Florida League opposition to (HB1519). drug testing of employees. The County policies will change so all public employees who are involved in any type of accident must take an immediate drug test, without any other cause. This is an unfunded mandate and a violation of civil rights. Russ Marchner reported on Waste Water Peak Flow Facility planning kick off meeting, from 2 p.m. to 4 p.m., April 24th at 200 Salzedo in Coral Gables. Please attend and send your municipal professional. In the absent of an Aventura representative the City of Aventura resolution condemning firearms violence, etc. was received with appreciation. )- lC CD ::l Co III ;:; CD 3 C1I }> "C III lC CD ..... COMMITTEES: Miami-Dade County League of Cities MINUTES 04.13.00 Page 1 of 3 President Gort reported that the Gold Coast League of Cities Report on National League of Cities Congressional Conference by Vice-Chair Patricia Rogers-Libert was attached. The next meeting at 7:00 p.m. on May 10, 2000, Riverside Hotel, Las Olas Blvd., Fort Lauderdale. Jim Barker added he had been to both Florida League and National League Legislative Days. There is a National League Resolution on sales tax on the Internet. Senator Bob Graham supports it. A Property Rights Bill sponsored by US Rep. Canady is proposed. Please bring information to your city councils. Much help is needed to support these bills and rnost important is the Internet sales tax, which will effect all of us. Florida League Legislative Report is available. Betsy Kaplan reported on a resolution heard by the School Board to address limiting who runs for office. It was soundly defeated. John Kurzman reported on the South Florida Regional Planning Council. There is great concern regarding the proposal of new rules regarding the rule made in 1859 mean high water, which set boundaries at high tide. This proposal would change the setting to low water. This will have great negative consequences. The bill passed the House. Also concern was raised regarding the depth of Lake Okeechobee. Rebeca Sosa reported on the Flood Task Force. A much needed draft of recommendations has been prepared and is being discussed. The draft is available from the League. COMMUNICATIONS: President Gort reported the Leaague received a Resolution from Bal Harbour in support of Homestead Air Force Base redevelopment. Russ Marchner and Howard Lenard will look at the letter from Aventura Mayor Arthur Snyder to U.S. Representative Shaw opposing HR2372 "Private Property Implementation Act of 1999". The League also received a solicitation to League to sponsor production of an educational Dade Heritage Book. (No action was taken.) A notice received for "Managed Care in South Florida - Consumer Guide" published by Health Council of South Florida, Inc. Call 305.263.9020 for a copy. ANNOUNCEMENTS: President Board announced the following: May Board Meeting: 7:00 P.M., May 4, 2000. Sponsor Greater Miami Convention & Visitors Bureau (Bill Talbert, President) Hyatt Regency Coral Gables, 50 Alhambra Place; Annual conference of Florida Association of Nonprofit Organizations (League is member) May 22-23, 2000, Tampa Hyatt Regency, Downtown (call 305.117.1764); Federal Block Grants available for local governments dealing with: Childhood Lead Poisoning Prevention 770.488.2718 (Mattie Jackson), Research Grants for Prevention of Partner Violence. 770.488.2719 (Carrie Clark), Economic Development, Technical Assistance. 202.482.4085 (John McNamee), Prevention Technologies Program 301.443.6728 (Luisadel Carmen Pollard), Transportation - Job Access & Reverse Commute 202.366.0176 (Doug Birnie), Health-Community Action Grants 301.443.3653 (Santo Ruiz), Social Services. Individual Development for Refugees. 202.401.5772 (Henley Porter), Job Training, Labor-Management Cooperation 202.606.8181 (Peter Regner), Family Violence Prevention. 202.401.5319 (Sunni Knight), Source: Federal Grant Deadline Calendar, a supplement to the Guide to Federal Funding for Governments and Nonprofits. Thompson Publishing Group 202.872.4000. Deadlines are 4/12/00 through 9/13/00; Citizens Transportation Advisory Committee (CTAC) public hearing, 6-8 p.m. Wednesday, May 10,2000, County Commission Chambers, :t> Clark Center, 111 NW First St., Miami, Call 305.375.4507; Safe Neighborhood Parks Bond Program, g Annual Report (available); Fair Housing Month Luncheon, 11 a.m. Friday, April 28, 2000 Hyatt Regency :;, Miami, 40 SE Second Avenue, (call 305.651.4673); and Dade County Mobile Officers Safety Training g- Unit reception, 6-8 p.m., Wednesday, April 26, 2000, Country Club of Coral Gables (call 305.572.9070) GOOD OF THE ORDER: Mayor John Cavalier reported he and Julio Robina attended the Railroad meeting in Fort Lauderdale. He gave testimony in favor of relaxing the horn blowing. More responses are needed. Railroad administration was there. We made an impression. Joe Rasco attended the extensive, highly debated funding of the ball park. ;::;: (1) 3 Ut ]> "'C III lC (1) N ADJOURNMENT: 8:04 p.m. Miami-Dade County League of Cities MINUTES 04.13.00 Page 2 of 2 The Miami-Dade County League of Cities, Inc. 7480 Fairway Drive, Suite 206, Miami Lakes, Florida 33014 Phone: 305.557.1722 Fax: 305.821.5228 OFFICERS Prnidtnt HON. WIFREDO (WILLY) GORT Commissioner, Miami first Vi(cPresident HON, R. S. SHIVER \'ice Mayor. Florida City Sccond VicePrnident 1101\ RESEC^, SOSA Ma\or, West Miami Third Vice Prnidtnl HON. DANIEL S. TANTLEFF Vice Mayor, BaI Harbour SecrcUI)' HON, JULIO ROBAINA CouncilllWl, Hialeah Treuuru liON. JOE 1 RASCO Mayor,KeyBisc.ayne DO^RO OF DIRECTORS liON, PATRICIA ROGERS-UBERT ViceMayor,Aventura HON SY ROTH Councilman. Ba.I Harbour HON ROBERT H. YAFFE Vice Mayor, Bay Harbor Islands !-ION, MICHAEL OTTEN Commissioner, BiscaynePark HON JAMES T. BARKER Commissioner, Coral Gables HON, AUDREY EDMONSON Councilwoman, 61 Ponal HON, JUANITA SMITH Commissioner, Florida City HON. SARACHIKOVSKY Cou",ilwoman, Golden Beach HQN GILDA CABRERA Mayor,HialeahGardens HOt-;. STEVE SHIVER Mayor, Homestead HOt-; LEO:-<ARD ~ULLER Mayor, Indian Creek HON JACK MORROW Mayor, Medley HON m.1MY L MORALES Commissioner, Miami-Dade County HON. BETSY KAPLAN Board Member ~liarni-DadeCDuntySchoolBoard HON. LUIS GARCIA Commissioner, Miami Beach HON. AL DAVIS CouncIlman. Miami Shores Hal" YVONN~ S. ORR Vice Mayor, Miami Springs HON. PHILIP SCHONBERGER Commissioner, North Bay Village HON FRANK WOLLAloffi Mayor,NorthMiami H01'; JAY R. CHERNOFF Councilman, North Miami Beach 1-10:\ ALVIN MrLLER Mayor,Opa-Locka HON CINDIE BLANCK CounciJwoman.Pinecrest HON ~1ARY SCOTI RUSSELL Commissioner, South Miami HON. DAVID SAMSON Mayor. Sunny Isles Beach HON. MELBA MAI'o'ERO Commissioner.Surfside HON PRlSCA BARRETO Councilwoman, Sweetwater HON. FRED MSPENCER" DE}<O.IV Councilman. Virginia Gardens PAST PRESIOF.NTS HON. JAMES T. BARKER Commissioner, Coral Gables HOl" JOHN A. CAVALIER, JR. Mayor,MiamiSprings HON JOHN KURZMAN Vice Mayor, North Miami Beach HON RAUL L. MARTINEZ Mayor, Hialeah HON. JEFFREY A- MISHCON Mayor, North Miami Beach HON ARTHUR SNYDER Mayor,Aventura ElecutiveDir<<torEmeritus RUSS MARCHNER General Counsel HOWARD B. LENARD TREASURERS REPORT: April 1-30, 2000 Previous Cash Balance $34,979.97 INCOME: Dinners $ 732.00 Florida League, one month 830.00 Total Adjusted Balance $1,562.00 $36,541.97 DISBURSMENTS: H. Lenard, General Counsel, May 1,980.00 Wyndham Miami Airport Hotel, 4/13/00 1,338.65 Office Staff 4/13/00 974.67 Office Supplies 280.32 BellSouth 58.39 Globe Travel, RT(2) Tallahassee 650.00 Intern 277.75 Postage by Phone 500.00 Aquarius Press 38.00 MetLife - Key Person Insurance 4/1/00 750.00 Local Government Inc, May 3,410.00 Office Expenses, April 541.67 Expenses allowance, April 375.00 Reproductions, April 598.20 Cell Phone Allowance, April 200.00 BALANCE $11,972.65 $24,569.32 AGENDA ITEM 5B May 4, 2000 MIAMI-DADE COUNTY LEAGUE OF CITIES BILLS FOR DIRECT PAYMENT EXPENSE AMOUNT Howard Lenard, General Counsel, May $1,980.00 Key Person Insurance, May 750.00 Office Staff & reimbursement 974.67 Monty's, Executive Comm. Luncheon, 4/26 14308 Intern 227.25 Kinko's Printing 187.75 Local Government, Inc., May 3,41000 Bank Charges 12.37 Expenses 0 Office expense 541.67 0 Expense 37500 0 Reproductions 598.20 0 Cell phone 200.00 0 Total Expenses 171487 1714.87 TOTAL $9,399.99 AQenda Item 5C 04/25/00 TUE 14: 52 FAX 305 579 2656 COMMISSION ON ETaICS April2'!, 2000 D=: The Miami-Dack: County Commission on Ethics and Pub:i<:: Trust and the Miami-Dade County League of Cities are hosting a local gov=uentlAw and ethks trahttng work. hop for all elected officials, and cspecWly beneficial to newly elected local officials in Miami-Dade County and the municipalities, The workshop will WVOT topics including: . Gift. . Sun.hine Law . FinancW Disclosure . Public Corruption . Cone of Silence FridaYjJune 9h, 2000 8:30 a.m.-ll:00 a.m. Wyndham Miami Airport Hotel 3900 N. W. 21st Street We encourage you to attel:ld. This wo:kshop will n,n onl, pro'1<.:o you with useful information, but it will offer yO\' the OppOrtlL"lity to engage in Jive'f di&cussion and to excbange ide.. and thought. on a wide variety of subjects. There is an impo!!ant respoosibility for newly ele<::ted oflicW$ to be kr.owledgeable abo"r the local law. governing the political pIOce;S, as ,,-<11 as for .e..uned officiaL< to stay apprised of the emerging issue. in gO"ernment:and ethics. Additionally, a :1andbook on th~ current laws and co=unity conta<::t information ..,,-ill be di<ltcibuted in app".;ciation fOI your p:rrticipaticn. Ple'ase call (305) 557-1722 to ccmtin::n your acrendlL'lce. We look forward to seeing you there. Igj 002 .... CIl Ol III C. m ,... E ~ III 1:1 C CIl Ol <( 04,'25/00 TrE 14:52 FAI 305 579 2656 CO~~ISSIO~ O~ ETHICS GOVER.."'MENf LAW & ETffiCS TRAINING WORKSHOP Friday, June 9tJ1 Wyndham Miami Airport Hotel 3900 N. W. 21 n Street 8:30 am,.9:00 a.m. 9:00 am.. 9:15 am. 9:15 a.m,-9:30 a,m 9:30 a.m-, 0:00 am. 10:()() am-10:30 a.m. . Gifts . Legal Conflicts . Com: of Silence . Financial Disclosure 10:30 a.m..10:45 a.m. 10:45 a.m.-1l:00 a.m. Continental B;-eakfast Opening Remarksll ntroduction K. Rosenthcl; Chair, COE H. Leoard; Attorney, Lea"aue of Cities R. Scruggs, Chief; Public Corruption US Aname)' Willy Gart; Pr~.sideIl(, League of Cities TOPICS Pu':>lic Corruption (R. Scruggs) (H. Lenard) (H. Lenard) Sunshine La" Public Records Conflict of lnteres. Ellld Code of Ethics Ord~ (R, Meyers & A. Walker) Ethical Ca.1Ilpaign Practices Ordinance (R. Meyers) Closing Remarks ~OI)J N III Cl to C. al to- E ~ - to "0 C III Cl c:( CITYSIDE P~RSPECTIVE . .. ~. " . M~f'M.1 BEACH T hErtneMally ill need treatment - but jaif is..the last place they're going to get it. County Judge Steve Leifman com- mendably has initiated a court program that ensures swift and humane treatment for mentally ill people who commit minor crimes - trespassing. disorderly conduct - over and over. It gets them the medica- tion and medical attention they desper- ately need, and breaks the cycle of inap- propriate punishment that only hurts their condition. The program has committed partners - the state attorney and the public defender, Jackson Memorial Hospital arno~:them - but needs more. Here, the Miamb,Be!3-ch Police Department has respohded just as commendably. Twenty oftice::$J"haye enrolled in a 40-hour crisis- interv.ention seminar, nm by Jackson staff- ers. They .....ill be the core of a unit that can recognize :mental illness in a criminal sus- pect and defuse, rather than escalate, a cri- sis. Miami police are on deck, but other police.departments must sign on. Mentally ill repeat offenders cost us- in human potential, safety and injuries to police"Judge Leifman says there are at least,twice as many mentally ill people in Miami,[)ade County jail- 800 - than are in Souih Florida State Hospital. Often, 1)e says, a simple trespassing incider;t.can explode if the suspect is para- noid ,and responds violently to a police oftlcer'_s handling. A misdemeanor becomes a felony. Treatment runs a poor, distant second to punishment. For .too long, mentally ill suspects - often homeless or too poor to post ball - would spend up to three weeks in iail awaiting trial. Now such suspects are eval- uated within 24 hours, their cases get pri- ority on the COllrt calendar, then they are sent to a secure mental-health facility. They are stabilized and take their medica- tion. If theirs is a minor offense, the charges are dropped in lieu of treatment. If the charges are serious, they shootJo the top of the court docket. In the past; stabi- lized suspects were sent back to jail to await trial, which usually undid every- thing. There are problems: The court is ill- equipped to do aftercare monitoring, Social-service agencies. including the Department of Children & Families, must fill this breach. Also many of the suspects are noncitizens. That means they cannot get treatment at publicly funded mental- health facilities. But this only will be recti- fied at the federal level. ..... CIl c: III Q, <i CO E CIl .:: III 't:l c: CIl Ol <C 04/2a/oo la'04 'ZtJ055Ha552 CHIEF JUDGE IDlpact of Pre-trial Cooference on Civil Traffic Ticket Operations There are approximately 750,000 civil traffic vio).a.tions issued and 250,000 requests for trials for those tickets. each year Miami-Dade County. The demand for trial has grown approximately 150% over the last three years, causing rising COsts for the courts and law enforcement agencies. The demand for trial wa.~ $0 great that many cases were dismissed because the cases could not be set quickly enough and law enforcement officers were not able to attend all the different court settings required to meet the demand tor these trials. Judge Sigler assumed responsibility for the civil traffic division in January of] 999 and decided to do something about this problem She formed an "Infrnction Backlog Committee" (mc) to begin addressing these concerns County Judge Steve Leifinan vnlunteered to chair this committee in order to re-design the way civii traffic tickets were being managed. Judge Leifman and Judge Sigler quickly discovered that about one-halfofthe8e tickets were being dismissed at triai because the police officers were not present in CQurt, Witnesses were not appearing or due to the passage of time. witnesses who did appear 110 longer remembered the facts of the particular incident. Thi3 situation hred an increased dcmand for trial as the perception developed that it was ea.~y to get a ticket "dismi8sed." These dismissed tickets represented a tremendous loss in revenue to the COunty ami cities in ticket fines as well as to the public safety of the community. These judges decided that thc system had to be cha..'1ged, They implemented a number of changes including establishing a pre-trial system for traffic tickets WhiCh gave defendants an opportunity to appear in court to close out cases without requiring the police officers or witn~ Fs.x 1. ""1 t ,,-., '" Fi:lX it I4J 001 }> (Q (1) ::::l 0- Ql ;::; (1) 3 I CO ']> "C' Ql (QI (1) 'N oa/25/00 15:05 ~J055H5552 CHIEF "t'DGE Page 2 to come to coun. A pilot program of this new system began in September 1999 in the Ricl1ard E. Gerstein Justice Building During the pilot program, 65% of all civil tickets were closed out at the pre-trial. This has resulted in enormous savings to the county a.nd cities in monies spent on polic~ overtime hours. This has also l:ellulted in returning law enforcement officers to the streets. rather than waiting in courts to testify and hllS dropped the disIl1isliaI rate of tickets by 48%, increa$ing fines aJld coun costs paid back to the county and cities. F or example in November of] 999, this project reoulted in the Miami-Dade Police Departmcnt saving of over SIOO,OOO in police overtime expenditures. AdditionaJ.1y in November. approximately 1,800 on-duly maJl hours wcre saved freeing officer; for their primary duties. rather than waiting to testify in traffic coun Additionally, because fewer tickets were dismissed, more .lines were collected increasing overall collections by $1,246,627 over the three month period of the pre-trial pilot program. This pilot prOject is proving to be 5Uch a tremendous success, that tn date it has be implemented at the South Dade Government Center. Miami Beach. Caleb Center and ConlI Gables. Nonh Dade Justice Center is scheduled for Apnl 2000. It is antiCIpate<.! that the types of savings alre..'ldy experienced wUl result in saving the police agencies (l:xcluding Florida Highway Patrol) approximately $5, J 00,000 ~h year in ovenime expenses and there will be a combined savings ofapproximalely 100.815 on-duty hours. We also project ..n increa.'lC ohn additional $10,575,000 will be collected in costs and fines each year. 3/28/2000 Ii!I 002 l:- ee (I) :I Q. III ;:;: (I) 3 0Cl }> 'C III ee (I) w Z5-Apr-OO 11:ZI,. Fr,,- r-~-~ ~ Consumer Alllor,ce T-,e, p OZ/14 F-14i Grassroots Effort 1/800-808-9972 · Allowing Multidisciplinary practices (MOPs) is good for consumers and businesses because; )> consumers and businesses deseIVe choices in their legal representation. Why should the current legal structure enjoy a monopoly? }> :;~ " !'. ~( )> ~~ ,< more competition is good. AS in every other segment of business, competition provides incentive to give the consumer the best service possible. It also produces a downward pressure on pricing, as societal and family pressures increasingly limit our time, the ability to go to one location to fulfill our legal, financial, and guidance needs becomes more crucial. · Multidisciplinary practices are not a theory. they are already a thriving reality in Europe. Polls from Europe show a high demand and satisfaction level with this neW entity both from consumers and businesses. · A substantial number of COIlSumer groups have endorsed MDPs. Consumer choice has worked in all other segments of our society and the' American people want the pillars of choice and competition. · There are many circumstances where MDPs can improve on the current legal system. Listed below are a few examples, Please use the example(s) which would impact you the most: .. When a senior citizen dies or becomes incapacitated, MDPs allow tho family to visit one location for legal, accounting, grief counseling. ete. During this period of sadness and high stress. the fewer places people have to go and the easier it is to receive advice, the better. 115W, Allegan Suite SOO Lansing. MI 48933 1(800) aOl!-gg7~ Fax 1(800) 999-18'2 - - '."," ...- '-., ~ )> CQ III ::J Q, Ql - - III 3 .... o J> t:l Ql ;a III .... !S-Apr-OO 12:21pm Frc,- 1-0" POl/14 ,-,41 i t Consumer A!\ance ., Senior citizens are often reluctant to go to a lawyer they do not know. It has been estimated that 50% of people will die ...'ithout a legal testament. If they could go to a social worker or case management worker. who pannered with a lawyer. the percentage of seniors receiving legal advice would increase. y Currently. in a real estate transaction there are many professionals involved. An MDP that consists of a real estate broker, insurance experts, and an attorney would provide cohesive one SlOP shopping. )- A large percentage of Americans get divorced. An MDP could provide an anomey. a fmancial advisor, a counselor for the children. Again., during periods of crisis. families need to have c.ompetent services provided in the most convenient way possible. ;;. Small business owners are dragged in several directions at once. Their ability to receive professional services quickly and efficiently can mean the difference in success or failure. An MDP that could provide accounting and legal services. under one roof. would expedite the process and .eliminate multiple conversations covering the same facts. 1 1SW. Alle(Jan ~il. 500 LanSing. 1'.11469331(800) eoa-Gl/72 Fax 1(800) 999-'9'2 )> lO CD ~ c.. III ;::; CD 3 ~ o }>. "C. III lOt CD N April 10, 2000 Russ Marchner Executive Director Miami-Dade League of Cities 7480 Fairway Drive Suite 206 Miami Lakes, Florida 33014 Dear Mr. Marchner: As a follow up to our conversation last week about possibly presenting at the May Executive Board meeting, I have forwarded to you vital information on our Initiative. Our Initiative is simple-it is about saving lives. Complient, through and with its Emergency Medical Response System, aims to educate and serve various municipalities with information and implementation about Public Access Device (Automatic External Defibrillators contained within our system) as a National Training Center for the American Heart Association. It certainly is apparent that each and every day we read about another City or Municipality electing to purchase AED's in an effort to reduce death and disability from Sudden Cardiac Arrest (SCA) while awaiting 911 Emergency Medical Response. It~ after careful inspection, you find this Initiative to be of vital im;lortance to your members, please feel free to contact me for further discussion. Thanking you in advance for your time and consideration, I hope to hear back from you very soon. )> (Q CD ~ c.. III Respectfull y, /l7ltnr A t~_ ;::; CD 3 CIO ("') Melody M. Combs. RN /[ -- 4 I - Complient Florida Account Representative A brief look at the F ANO Conference The Soaring Heart: New Roles for Nonprofits MONDAY. MAY 22. 2000 730 A.M. REGISTRATION OPENS 9 A.M. - 4:30 P.M. PRE-CONFERENCE WORKSHOP Separate registration required. Seating is limited. Sign up early to avoid being closed out. Participants will break for opening keynoter and awards lunch. . Strategic Issues in Volunteer Management Fred Sangui/iano, FL Commission on Community Service . Time & Money, Accounting for Nonprofits Michael Robbins, CPA, Robbins and Landino, PA . Power Vision, Nonprofit Strategic Planning Dr. Terrie Temkin, Miami Herald columnist . Training for the New Executive Director Jim Seroka, Ph.D., Auburn University . Marketing and Media Naomi Wright-Warren, Jefferson Pilot Communications Coming Home Victorious from the Grantwriting Wars Peggy Calhoun, Miller Calhoun & Co. 0:30 A.M CONFERENCE OPENS RECEPTION AND REGISTRATION NONPROFIT BUSINESS EXPO OPENS 1:00A.M. KEYNOTER: Frances Hesselbein President, Drucker Foundation 2 NOON LAWTON'S HEART AWARDS LUNCH Mrs. Rhea Chiles President, Lawton Chiles Foundation 00 - 4:30 P.M. CURBSIDE CONSULTING Jne-on-one consulting on nonprofit management issues. lcluded: Taxes, Accounting, Insurance, Auctions, Annual (eports, Employee Issues, Awards, Special Events, 'Ianned Giving, Annual Campaigns and Publishing. :30 P.M. - TBA: Tour of Ybor City, progressive dinner TUESDAY. MAY 23.2000 7:30 A.M REGISTRATION OPENS 8:00 A.M - 4:30 PM. EXHiBIT HALL OPEN CURBSIDE CONSULTING: (One-on-one consulting on Nonprofit Management including: Is there a doctor in the house? Bob Orser's nationally acclaimed 20-minute nonprofit management consulting. Make your appointments throughout the day.) 8:00 AM. - 930 A.M. KEYNOTER: The Reality of Florida in the 21 " Century BREAKOUT SESSIONS - Social Branding - Wellness 2000 - Social Entrepreneurship - Cause Related Marketing - Organizational Development _ Recruiting Professionai Staff - Ethics in the Nonprofit Sector _ The Nonproft World of Investment _ Professional Deveiopment through Coaching & Mentoring _ Developing Funding Potential via Grants - 50 Special Events in 50 minutes _ Construct the Best Employee Handbook _ Orientation Presentations from Board to Employee _ A Spiritual Approach to Nonprofit Business _ Human Resources 101, Diversity. Liability, Evaluation 12:15 P.M. - 1 :45 P.M. LUNCH KEYNOTER: The Life Cycie of a Nonprofit. Time for Evolution BREAKOUT SESSIONS (See above) 4:00 P.M. - 5:00 P.M NONPROFIT ADVOCACY FORUM Shaping Public Policy and Using Your Power. SCHEDULE SUBJECT TO CHANGE E-Mail: )> (C, CD ;j Co III ;:;: CD 3 ~ ~ OJ REGISTRATION FORM - must be received by May 15, 2000 Position: 'lame: Jrganization: '\ddress: :ity/State/Zip: "hone: _MasterCard or _VISA: # 3ignature: :ONFERENCE REGISTRATION I am a FANO member Enclosed is my registration fee of $225.00 (after May 15, $275.00) I am not a FANO member. Enclosed is my registration fee of $250.00 (after Mary 15, $300.00) Fax: Expiration Date: Date Signed: ORE-CONFERENCE CERTIFICATION WORKSHIP REGISTRATION: CHOSE AND CIRCLE ONE WORKSHOP BELOW (Must be separately registered, held 9:00 a.m. - 4:30 p.m. on Mon., May 22,2000) I am a FANO member. Also enclosed is a pre-conference registration fee of $99.00 (after May 15. $ 115.00) I am not a FANO member. Also enclosed is a pre-conference registration fee of $125.00 (after May 15, $140.00) Power Vision' Grantwriting . Time & Money' Volunteer Issues' Marketing & Media' New Executive Director Training A BLOCK OF ROOMS IS BEING HELD AT THE TAMPA HYATT REGENCY FOR FANO PARTICIPANTS. Room Rate is $91 single/double. Call 813.225.1234 for reservations. Deadline for room reservations is April 22, 2000. Return to: FANO. 7480 Fairwav Dr.. Ste. 206. Miami Lakes. FL 33014 or FAX to 305.821.5228. or caI/305.557.1764. FROM FANO FAX NO. : 3058215228 Me:~ :3 . 0: May. 09 2000 04:56AM P9 13:Cr9 F'.u':J02 RESOLtlTlON 2lJOO.Ii A BESOLtlTION 01 no: BOARD OF Dnu:crONS OF THE )fiA.'>U. DAIlE coUN'l'Y LEAQUE OF CIIIES. lXC-, REQUESl1NG nuT THE IItIJI[JLU. GOv&'RNMENf lU:Jl\IBURSE LOCAL COCNn" AND MVNlCIPAL ~Nl"S FOAl J1;NDS SJ'UIT AS A RESULT OF THE NAttONALIMMlGunoN PllOCESS. WV1I'1n" "S, variOus lIIllioual rlmldetds ...4 immlgtaliool polio>;es Illd pmcticeo impa<;t direetly 00 all local govemmeflt ClII!ities; PI WKEREAS, pOlicilll and pradiocs of the l'edonl gm''''''''- I'Osu1t in burdensome W1fuode<l _dole \!poD all JeoJeJs oflocal goyemmell!; alld WHEREAS. aU loaolpClllll1Ctlti hlI\>8l1Ot and _t b\ldget fur unfund.d tIl&lIdates as a reflIlt of notional ~ pnl'lk:as and p;iJici03. NOW. IJl,J!.l(M'OltE. BElT IU;SOLVEJ)by1l1eBoanl QfD~ of tho Miami-Dod. County League ofCitits, 11\C. \hat: Secliot> 1. lbe lbnogciolg...citaIJ arc bonIby - ;We! eorrtOt- !IeetioIl~. The mdalral gavernment adopt lcgiJlRIive fundillg .- which will rtimbllr" IU1Y a\t 01110<11I &O"_mOllI expcndituTllllli'ol!l ilIlnIignItiw>. policies whiolr. MU1t In an ""lIOlnS ~ of ad valo~m lIollars. AJ'l'ROVED AND ADOPTED by the :ao.rd of Direomn of the Miami.Dad. County Leae;lJe of Citi05, Inc. atr.~meeti:og osscmbIed 1llis _day of . 1110O-: ATrnST: HONORABLE WlFREDO (WILL'/) OORT l'resiIl.wr mNOVJlLE DANlEL S. TA}.;"'!'LEFF j;ASTO~ . ~. .~~ AJU) B. ARD GaDonl CDUllsol --- RESOLUTION NO.1.000-lS FROM FANO FAX NO. : 3058215228 Ma-;-l 8 'O-=" May. 09 2000 04:55AM P8 13;10 P.02/02 RESOLUTION 1000.7 A. RJ;SOLUTfON Of THE BOARD OF )JJllI:CTOBS or THE ~UAM1- DADE cOUN'l'Y UAGJJi OF CITIES. me.. BEQUESJ1NG BOTH FtJNI)JNG A!m st)PPOR.T FOR PROGRAMS TO Sl!RVE mOSE IlQ)JV1I)VAUi J)JACiNOSED WITH MENt..u.lDALTH COJ'ICERNS. WHEllEAS, Ihoic i>ldMllllals who are ~i.8"~ or _ 11> 1>. dillllllosed with m""tal IIealth ..-ems. ate ill aced of propulS IlId beakh tre8llDe/It facililics vAtich adeq'oalDly meet their needs; llI1d WBERIWl, tbo ~ of !IIv...jljI\S for the.. illlIlvidDals draws them inlll the criminal j~ sy!itl:l1l U it. Il~ procell; NUi WHEREAS. bolh I\lIlding "QtimiDal jllStlce, .omd.inaling lX>urts. hoalIh care f""ilme$ and law ~ lll1IItb. ;ovaiJabJe, <mhoooedaod prlcrlli2lc<L !'lOW, TB'EllEFORE. _ rr RESOLVED b)f the BoanI ofDinCIOrS oflhd(illlll;..Dade COWlty ~ ofCiti.s. Inc. 1h.t Seedon 1. Tbe fureJOilll J1lOlIaIs "'" ~ true aad ccnoc:t. Sectilm 2. The entire comliluWtY elfOllB ane! reso\ltC8S bel;olne f'ocuscd 011 tile powlnllllUmboJ of " iDcIMdUalS dBt need ~pu~ care all an a1let1llU1w fIJ comt ;...,......olion anel that positive I'ublie filnding be lnodMed iu addrcs&inll tIi<' needs of1beH individuals and ow communitie5. ~D AN)) ADoPTtD by the Soard of Direcm" of the Miami-Dade County l.c&gIIe af Cities, Ine. at regutor mo~ aaembW dlis _clay of .1000. ATTEST; HONOIW511'.DANIEL S.1'ANlLEPF ~ HONORABLE WlP1UlPO (WILL Yl GQRT PnlsIdent --.,.-.--" RESOLUTION NO. 200~" N ~ W &I.tS i J.J J;,:;S D