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04-06-1999 CC Meeting AgendaCity of Aventura Cit~ Commission Arthur I. Snyder, Mayor Harry Holzberg, Vice Mayor Arthur Berger Jay IL Beskin Ken Cohen Jeffrey M. Periow Patricia Rogers-Libert CitF Manager Eric M. Soroka CitF Clerk Teresa M. Soroka, CMC Cit~ Attornev Weiss Serata Helfman Pas~oriza & Guedes AGENDA Commission Meeting April 6, 1999 - 6:00 P.M. Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 ~l. CALL TO ORDERXlROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commassion's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Commission, and if you wish to address the Commission, you may be subject to cross-examination. If you refuse to submit to cross-examination, the Commission will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09 A RESOLUTION OF THE ClTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT A WALL SIGN NOT TO EXCEED 90 SQUARE FEET FOR ORTHOPEDIC CARE CENTER LOCATED AT 21000 NE 28 AVENUE; PROVIDING AN EFFECTIVE DATE. ELECTION OF VICE MAYOR April 6, 1999 Commission Meeting $. APPROVAL OF MINUTES: Commission Meeting March 2, 1999 Commission Special Meet'mg March 22, 1999 Commission Workshop March 22, 1999 $. AGENDA: Request for Deletions/Emergency Additions 7. SPECIAL PRESENTATIONS: .None. 8. CONSENT AGENDA: MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF JUDGE ALFRED ("FRED") NESBITT AND HERBERT L. KLIGER, J.D. AND APPOINTMENT OF ROBERT A. FRIEDMAN AS SPECIAL MASTERS (Provides for appointment of Special Masters for Code Enforcement Hearings) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. (Provides for appointment of members to Recreation and Cultural Arts Advisory Board) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Amends F/Y 1998/99 budget to provide $75,000 for a temporary facility to accommodate unleashed dogs at the Huber Tract) MOTION TO ACCEPT FOR FlLING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED 9/:}0/98 (Provides formal acceptance and filing of original comprehensive annual financial report for fiscal year ended 9/30/98) go A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE April 6, 1999 Commission Meeting PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE CITY OF AVENTURA; AND PROVIDING AN EFFECTIVE DATE. (Authorizes the City Manager to execute agreement with Miami-Dade County for the provision of public transportation services) 9. PUBLIC HEARING: ORDINANCES - FIRST READING: None 10. PUBLIC HEARINGS: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION, ARTICLE VI, LOBBYING ACTIVITIES, BY AMENDING IN SECTION 2-371(2) THE DEFINITION OF LOBBYIST; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING VEHICLE HANDBILL ORDINANCE PROHIBITING THE DEPOSIT OR PLACEMENT OF COMMERCIAL ADVERTISING MATERIAL UPON VEHICLES PARKED ON STREETS OR PARKED UPON CERTAIN OFF-STREET PARKING AREAS; PROVIDING FOR PURPOSE AND LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING PROHIBITION OF VEHICLE HANDBILLS; PROVIDING SIGNAGE REQUIREMENTS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE C1TY CONCERNING BUILDING HEIGHT LIMITATIONS AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 98-20 OF THE CITY OF AVENTURA; BY AMENDING SECTION 7 "TERM" OF ORDINANCE NO. 98-20 TO PROVIDE FOR EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S LAND DEVELOPMENT REGULATIONS TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN FROM THE FLORIDA MUNICIPAL LOAN COUNCIL IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $21,000,000 TO FINANCE THE PURCHASE OF REAL PROPERTY TO BE USED AS PARKS AND April 6, 1999 Commission Meeting RECREATION AND CITY ADMINISTRATIVE COMPLEX AND POLICE STATION AND THE ACQUISITION, CONSTRUCTION, EQUIPPING AND INSTALLATION OF IMPROVEMENTS TO THE REAL PROPERTY AND THE REPAYMENT OF THE LINE OF CREDIT DATED DECEMBER 20, 1996, WHICH LINE OF CREDIT WAS ISSUED TO PROVIDE TEMPORARY FUNDING FOR SAID PROJECTS; INCORPORATING THE PROVISIONS CONTAINED IN RESOLUTION NO. 99-15 INTO THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 1 1. RESOLUTIONS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE CHANGE OF CONTROL OF THE TCI TKR OF SOUTH FLORIDA, INC CABLE TELEVISION FRANCHISE FROM TCI TO AT&T CORP.; AND PROVIDING FOR AN EFFECTIVE DATE. 12. OTHER BUSINESS: DISCUSSION AND REV1EW OF REPORT ON PROPOSED CULTURAL ARTS CENTER ACTION PLAN (City Manager) 13. REPORTS 14. PUBLIC COMMENTS 15. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: COMMISSION WORKSHOP COMMISSION MEETING APRIL 20 1999 MAY 4, 1999 9 A.M.* 6 P.M. ** *Government Center 2999 NE 191~t Street Suite 500 **Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101 This meeting is open to the public. In aocordance with the Americans with Disabilities Act of 1990, all pocsons who are disabled and who need s~0 ecial accommodations to pafli¢fipate in this meefmg because of that disability should contact the Office of the City Clerk. 305-466-8901, nat later than two days prior to such procee~m~ Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any mattec considered at sud~ meeting or hearing will need a record of the proceedings and, for such purpose, may need ~o ~aasure that a verbatim revord of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk. CRy of Aventura Government Cente~. 2999 NE 191~ Street, SuRe 500, Avoatura, Florida, 33180. Anyone wislfmg to obtain a copy of any agenda it~n should contact the CRy Clerk at 305-466-$901, 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commissio Cite Eric M. Soroka, r Brenda Kelley, Cd~~velopment Directo~,~ March 23, 1999 Request of Orthopedic Care Center to allow one (1) wall sign on an office building where no wall signs are allowed by code. (o6-sv-99) April 6, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission deny the request for a sign variance in that it does not meet the criteria for the granting of variances found in the City's Sign Ordinance. THE REQUEST The applicant, Stanley Price for Orthopedic Care Center, is requesting a sign variance to allow one (1) wall sign on an office building where no wall signs are allowed by code (See Exhibit #1 for letter of intent). BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY Silver Lane Properties, Inc. Stanley Price (Orthopedic Care Center) 21000 NE 28 Avenue Approximately 2.413 acres LEGAL DESCRIPTION Lots 1 through 30 and 35 through 38, Block L, Amended Plat Hallandale Park #6, PB 17 at Page 56 in the Public Records of Miami-Dade County, Florida. Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: RU-3M, Semi-Professional Office District RU-3M, Minimum Apartment House District; and RU-5A, Semi-Professional Office District RU-2, Two Family Residential District BU-1, Neighborhood Business District RU-5A, Semi-Professional Office District Existing Use- Subject property: Property to the North: Property to the South: Property to the East: Property to the West: business and office residential uses residential uses Aventura Hospital Oncology Center and parking lot Future Land Use-According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Business and Office Business and Office Future Land Use Designation - According to the Adopted 2000 and 2010 Land Use Plan for Miami-Dade County, Florida, The following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Low-Density Residential Low-Density Residential Low-Density Residential Low-Density Residential Low-Density Residential The Site - The subject site, the Orthopedic Care Center, is located between NE 209 and NE 211 Streets between NE 27 Court and NE 28 Avenue. (See Exhibit #2 for location map). 2 The Project - The Orthopedic Care Center is located in the Hospital District area of the City. As the primary tenant of this office building, the Orthopedic Care Center consists of an orthopedic and sports medicine practice. The applicant is requesting one (1) wall sign for the east elevation of the building. ANALYSIS Consistency with Comprehensive Master Plan - with the City of Aventura Comprehensive Plan. The request is not inconsistent Citizen Comments- The Community Development Department has received no written citizen comments. Community Development Department Analysis- The City's Sign Ordinance only allows for wall signs on buildings where the majority of the floor area is in retail use. The applicant is proposing one (1) wall sign at 90 square feet to be located on the east elevation of the building. A 140 square foot wall sign presently exists and existed at the time the City's Sign Ordinance was adopted. However, the landowner at that time neglected to register the sign as a legal, non-conforming sign under the City's Sign Code. The applicant purchased the site in April, 1998. According to Section 34-51 of the City's sign code, "all nonconforming signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this article are illegal and shall be removed immediately and shall not be entitled to status as lawful nonconforming signs." Since the sign was not registered, it is an illegal sign. The applicant proposes to reconfigure this existing sign (See attached before and after photos). The reconflguration will reduce the sign from 140 square feet to 90 square feet. Criteria The criteria for approval of a sign variance as required by the City of Aventura Sign Ordinance (No. 97-17) requires that: The sign vadance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the vadance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required, The requested wall sign does not maintain the basic intent and purpose of the regulations. A medical office building typically acts as a destination for clients who have previously arranged appointments. Because of this, there is little need to attract pass-by traffic drawing customers from adjacent thoroughfares. Thus, a sign as large as that requested by the applicant primarily serves as advertising, and does not fulfill a directional function. Furthermore, a wall sign is not compatible with the existing surrounding residential land uses and may create a nuisance. RECOMMENDATION It is recommended that the City Commission deny the request for a sign variance in that it does not meet the criteria for the granting of variances found in the City's Sign Ordinance. CONDITIONS In the event that the City Commission wishes to approve the request for a sign variance, the following conditions shall apply: 1. A wall sign with copy to read "Orthopedic Care Center" with lettering not to exceed 90 square feet to be allowed on the east elevation of the building. 2. No additional exterior wall signs be allowed on any wall of Orthopedic Care Center. 3. Sign may be illuminated only during office hours of operation of the facility. BILZIN SUMBERG DUNN PRice & AXELROD LLP RECEIVED HAR 0 3 1999 March 3, 1999 VIA HAND DELIVERY Ms. Brenda Kelley Director of Planning City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Re: Letter of Intent for Orthopedic Care Center Non-Use Variance Application Dear Brenda: We represent the owner of real property located at 21000 N.E. 28 Avenue, Aventura, Florida, 33180, otherwise known as the Orthopedic Care Center. We are seeking a non-use variance of the .City's signage regulations to permit a wall-mounted sign on the eastem facade of the building. There is an existing wall-mounted sign on the building advertising Orthopedic Care Center which is approximately 140 square feet. The applicant's proposed new wall-mounted sign is approximately 90 square feet. The requested non-use variance is compatible with the surrounding neighborhood and in character with the signage in the surrounding area. Enclosed please find: (1) · Zoning application with disclosure documents. (2) Certificate of resolutions. (3) Mailing labels. (4) Signage site plan. G:\DMZ\73677\11458~229954.1 3/3/99 EXHIBIT #1 BILZIN SUNBERG DUNN PRiCe & AXELROD LLP Ms. Brenda Kelly March 3, 1999 Page 2 (5) (6) Color photographs of the existing sign and proposed sign. Check made payable to the City of Aventura for $750.00. The pr6posed wall-mounted sign due to its reduction in size, protects property values in the surrounding area, creates a better business climate, enhances the physical appearance of the community, and reduces visual pollution. The proposed wall-mounted sign is not only compatible with its surroundings but is expressive of the identity of the primary business located within the building. We strongly believe that the requested non-use variance is consistent with the purpose of the Aventura Sign Ordinance. We look forward to a favorable review by the City with regard to our non-use variance request. Please give me a call at 305/350-2403 ifI can provide you with any additional information in order to expedite the processing of this application. Thank you for your cooperation in this regard. Sincerely, Michael W. Larkin MWL/mp cc: Nina Bleier Stanley B. Price, Esq. G:\DMZ~73677\ 11458\229954. I 3/3/99 BROWARD COUNTY DADE COUN'I~ 201 TER. YACHT CLUB DR. CLUB DR, 192 ST. ST. 188 ST. ..... 33180 33' LEGEND Roadways City Boundary RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT A WALL SIGN NOT TO EXCEED 90 SQUARE FEET FOR ORTHOPEDIC CARE CENTER LOCATED AT 21000 NE 28 AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RU-3M, Minimum Apartment Housing District; and WHEREAS, the Applicant, Stanley Price, for Orthopedic Care Center, through Application No. 06-SV-99, has requested a sign variance to permit one (1) wall sign, not to exceed 90 square feet, on an office building where no wall signs are allowed by Code for Orthopedic Care Center, located at 21000 NE 28 Avenue, in Aventura, Florida; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by lam and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section 1. Application No. 06-SV-99 for sign variance to permit one (1) well sign, not to exceed 90 square feet, on an office building where no wall signs are allowed by Code, on property legally described as: Lots 1 through 30 and 35 through 38, Block L, Amended Plat Hallandale Park #6, PB 17 at Page 56 in the Public Records of Miami-Dada County, Florida a.k.a. Orthopedic Care Center 21000 NE 28 Avenue is hereby granted subject to the following conditions: 1. A Wall Sign with copy to read "Odhopedic Car Center", with lettering not to exceed 90 square feet, be allowed on the east elevation of the building. 2. No additional exterior wall signs be allowed on any well of Orthopedic Care Center. 3. The sign may be illuminated only during office hours of operation of the facility. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3, This Resolution shall become effective immediately upon its adoption. Resolution No, Page 3 The foregoing Resolution was offered by adoption. The motion was seconded by vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Mayor Arthur I. Snyder , who moved its , and upon being put to a PASSED AND ADOPTED this 6th day of April, 1999. Arthur I. Snyder, Mayor ATTEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,1999. CITY CLERK BEFORE BEFORE AFTER _ :ORTHOPEDIC ?- _ :CARE CENTER_ _ Channel Letters: (using existing letters) Letter height: 24" .040 aluminum - duranodic bronze Faces= 1/8" plexiglass ~2283 red Trim: 1" jewelite - duranodic bronze Neon: 15mm clear red Transformers: 4 - 12M/30ma roof mounted (5 letters per trans.) Installation: channel letters mounted to a support system unit, 5'x18'x2½" and painted same color as building fascia. MINUTES CITY COMMISSION MEETING TUESDAY, MARCH 2, 1999 6:00 P.M. Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Pedow, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. Alan Rosenthal, Esq. led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearings were sworn in by the City Clerk. A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING A NON-USE VARIANCE TO PERMIT THE UNENCLOSED COURTYARD AREA AT AVENTURA MALL, LOCATED AT 19501 BISCAYNE BOULEVARD, TO BE CONSIDERED AS INTERIOR SPACE; PROVIDING AN EFFECTIVE DATE. A motion for approval wes offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: George Berlin and Jackie Softer, Tumberry & Associates. There being no further speakers, the public hearing was closed. The motion for approval of the resolution, with an amendment to provide for approval and sign- off by the Miami-Dade County Fire Department, passed unanimously and Resolution No. 99-09 was adopted. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LOCATED AT 20708 BISCAYNE BOULEVARD AND LEGALLY DESCRIBED IN EXHIBIT #1; GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE FIVE FEET (5') OF THE REQUIRED FIFTEEN FOOT (15') SIDE STREET SETBACK WHERE A TEN FOOT (10') SETBACK IS PROPOSED (BISCAYNE BOULEVARD); GRANTING A RELEASE OF PREVIOUSLY APPROVED RESOLUTION NO. 3-ZAB-449-65; GRANTING A NON-USE VARIANCE OF DECORATIVE MASONRY WALL REQUIREMENTS WHERE NO WALL IS PROPOSED; GRANTING A NON-USE VARIANCE TO WAIVE THREE FEET (3') OF THE REQUIRED TEN FOOT (10') LANDSCAPE STRIP BETWEEN A DECORATIVE MASONRY WALL AND PROPERTY LINE WHERE SEVEN FOOT (7') OF LANDSCAPING IS PROPOSED; GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE FIVE FEET (5') OF THE REQUIRED TWENTY FOOT (20') REAR SETBACK WHERE A FIFTEEN FOOT (15') SETBACK IS PROPOSED (NE 28 AVENUE); GRANTING A NON-USE VARIANCE PROHIBITING PARKING SPACES TO BACK INTO AN ADJACENT PRIVATE OR PUBLIC STREET WHERE THE PROVISION OF TWO (2) SUCH SPACES IS PROPOSED; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Rogers-Libert. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Alan Rosenthal, Esq., 2875 NE 191st Street, on behalf of the applicant. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to provide that in the event the provision of two parking spaces is deemed to be hazardous, the issue would be revisited by the Commission. An amendment was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libed and unanimously passed to provide Employee Parking Only signage at the two parking spaces. The motion for 2 approval, as amended, passed unanimously and Resolution No. 99-10 was adopted. APPROVAL OF MINUTES: A motion to approve the minutes of the February 2, 1999 Commission Meeting and the February 16, 1999 Workshop Meeting, was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Holzberg and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Beskin requested that items 9A and 10 be addressed at this time. A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CABLE FRANCHISE AGREEMENT BY AND BETVVEEN THE CITY AND TCI TKR OF SOUTH FLORIDA, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Holzberg. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Allison Hift, Esq., Leibowitz & Associates and Emil Hubschman, 3640 Yacht Club Ddve. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 99-03 was adopted. 10. RESOLUTIONS: Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE CHANGE OF CONTROL OF THE TCI TKR OF SOUTH FLORIDA, INC CABLE TELEVISION FRANCHISE FROM TCl TO AT&T CORP.; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to defer this matter to the next Commission meeting was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert. The motion passed unanimously. A motion to address this matter at the March Workshop meeting was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert and unanimously passed. SPECIAL PRESENTATIONS: None. 3 7. CONSENT AGENDA: Commissioner Perlow requested removal of items 7A, 7F, 7H and 71, and Commissioner Beskin requested removal of item 7B, all from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert unanimously passed and the following action was taken: Ce Mr. Weiss read the following ordinance by title which passed unanimously by roll call vote: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION, ARTICLE VI, LOBBYING ACTIVITIES, BY AMENDING IN SECTION 2-371(2) THE DEFINITION OF LOBBYIST; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE D. Resolution No. 99-11 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA CONCERNING THE CITY ELECTION OF MARCH 2, 1999, DECLARING QUALIFYING UNOPPOSED CANDIDATES ELECTED TO OFFICE OF COMMISSIONER FOR SEATS 1, 3 AND 5 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS, AS CERTIFIED BY THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 99-12 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-2-12-2, LIBRARY AND MALL ENTRANCE SIDEWALK AND CURB IMPROVEMENTS, TO COLONNA CONSTRUCTION COMPANY, INC., AT THE BID PRICE OF $30,601.00 AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. G. The following motion passed unanimously: 4 MOTION AUTHORIZING THE APPROPRIATION OF UP TO $45,000 FOR POLICE RADIOS AND DRUG AND CRIME PREVENTION PROGRAMS FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED FEBRUARY 25, 1999 The following items were removed from the Consent Agenda and addressed separately: A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR HIGHWAY LANDSCAPING IMPROVEMENTS ALONG BISCAYNE BOULEVARD PHASE FOUR BY AND BETWEEN THE CITY OF AVENTURA AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libed, seconded by Commissioner Beskin, unanimously passed and Resolution No. 99-13 was adopted. B= MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF JUDGE ALFRED ("FRED") NESBITT AND HERBERT L. KLIGER, J.D. AND APPOINTMENT OF ROBERT A. FRIEDMAN AS SPECIAL MASTERS A motion to defer this item for discussion at the March 22"d Workshop Meeting was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed. F. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE ISLAND ESTATES PHASE I FINAL PLAT SECTION 10 AND SECTION 11, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. A motion was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libed and unanimously passed to place a 5 = substitute resolution (providing clerical revisions and deleting references to a public hearing) on the agenda for consideration. A motion for approval of the substitute resolution was offered by Commissioner Rogers-Libert, seconded by Commissioner Beskin, unanimously passed and Resolution No. 99-14 was adopted. H. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING VEHICLE HANDBILL ORDINANCE PROHIBITING THE DEPOSIT OR PLACEMENT OF COMMERCIAL ADVERTISING MATERIAL UPON VEHICLES PARKED ON STREETS OR PARKED UPON CERTAIN OFF-STREET PARKING AREAS; PROVIDING FOR PURPOSE AND LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING PROHIBITION OF VEHICLE HANDBILLS; PROVIDING SIGNAGE REQUIREMENTS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed by roll call vote. I. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT WITH OTHER GOVERNMENTAL UNITS WHICH HAVE CREATED THE FLORIDA MUNICIPAL LOAN COUNCIL; AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $21,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger, unanimously passed and Resolution No. 99-15 was adopted. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the following ordinance by title: 6 10. 11. 12. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING BUILDING HEIGHT LIMITATIONS AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 98-20 OF THE CITY OF AVENTURA; BY AMENDING SECTION 7 "TERM" OF ORDINANCE NO. 98-20 TO PROVIDE FOR EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S LAND DEVELOPMENT REGULATIONS TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Berger. Mayor Snyder opened the public hearing. There being no speakers, the public headng was closed. The motion for approval passed unanimously by roll call vote. PUBLIC HEARINGS: ORDINANCES - SECOND READING: B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 99-04 was adopted. OTHER BUSINESS: None REPORTS: As presented. PUBLIC COMMENTS: The following individuals addressed the Commission: Art Grossman, West Country Club Drive; and Allison Friedman, Aventura Lakes. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:30 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure th~ a verb~im record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 8 MINUTES CITY COMMISSION SPECIAL MEETING TUESDAY, MARCH 22, 1999 9:00 A.M. Government Center 2999 NE 19tst Street Suite 500 Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney David M. Wolpin. As a quorum wes determined to be present, the meeting commenced. PUBLIC HEARING - ORDINANCE - FIRST READING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN FROM THE FLORIDA MUNICIPAL LOAN COUNCIL IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $21,000,000 TO FINANCE THE PURCHASE OF REAL PROPERTY TO BE USED AS PARKS AND RECREATION AND CITY ADMINISTRATIVE COMPLEX AND POLICE STATION AND THE ACQUISITION, CONSTRUCTION, EQUIPPING AND INSTALLATION OF IMPROVEMENTS TO THE REAL PROPERTY AND THE REPAYMENT OF THE LINE OF CREDIT DATED DECEMBER 20, 1996, WHICH LINE OF CREDIT WAS ISSUED TO PROVIDE TEMPORARY FUNDING FOR SAID PROJECTS; INCORPORATING THE PROVISIONS CONTAINED IN RESOLUTION NO. 99-15 INTO THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed by roll call vote. 3. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:05 a.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the prcceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 MINUTES CITY COMMISSION WORKSHOP MEETING TUESDAY, MARCH 22, 1999 9:05 A.M. Aventura Government Center 2999 NE 191~t Street Suite 500 Aventura, Florida The meeting was called to order at 9:05 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. Doq Park Proposal. Pursuant to Commission's direction at the last Workshop Meeting, Mr. Soroka provided information relative to the feasibility of utilizing the Huber Tract as a temporary dog park; what other sites, if any, might be available for such use; and provided alternatives for consideration by the Commission. The following individuals spoke to this issue: David Vogel, Esq., Summit Apartments; Jeffrey Green, Golden Pointe at the Waterways; Leslie Goldman, Turnberry; Mary Doyle, Robert Friedman, 20780 NE 30 Place; Phil Sturtz; Bernie Weinstein; and Harry Crook, Commodore Plaza. After extensive discussion, City Manager to prepare budget and time schedule for providing temporary dog park on the Huber Tract property and provide to Commission at a future meeting. No changes to current regulations at the southern end of Founders Park. = Transfer-of TCI to AT&T: Matt Leibowitz, Esq., addressed the Commission, providing clarification of the proposed resolution approving change of control of the cable television franchise from TCI to AT&T. Consensus of Commission that City's cable counsel negotiate changes in affidavit as requested by the Commission including price cap and change "comparable" in section 7 to "at least as favorable." 2. Special Master Appointment (Commissioner Beskin): Commissioner Beskin proposed establishing criteria for appointment of Special Master. Mayor appointed a sub-Committee comprised of Commissioners Perlow (chair), Berger and Beskin to establish criteria for future appointments. Proposed resolution deferred from March 2, 1999 meeting to be re-addressed at April 6, 1999 meeting. Vehicle Handbill Re.qulations Ordinance: Consensus to amend ordinance prior to second reading including providing prohibition of placement of handbills anywhere upon the exterior..., amendment to definitions (f) and (g), inclusion of "licensed security guard service" with law enforcement personnel and other amendments City Attorney deems necessary pursuant to Commission's discussion. Comprehensive Plan Issues (Commissioner Perlow): In accordance with state statutes, Mr. Wolpin requested that an Attorney-Client Session to discuss this matter be scheduled for April 6, 1999 at 4 p.m. at Government Center. Selection of Vice Mayor: Commissioner Cohen suggested that those Commissioners with 2 years remaining in their term serve as Vice Mayor during the next 2 years and those Commissioners recently re-elected serve as Vice Mayor after that time. No consensus. (The meeting recessed for 5 minutes) AK Media Billboard Proposal. Mr. Soroka provided information and reviewed status of billboards in the City. City Manager directed to proceed with negotiations with AK Media. 6. Y2K Subcommittee Update (Commissioner Ber.qer): Commissioner Berger updated Commission on recent subcommittee meeting. 9. Thunderboat Alley (Commissioner Perlow: Deferred. 10. Other Business: Mayor discussed request by American Diabetes Association for placement of ad in journal for celebration of second anniversary of City of Sunny Isles Beach. No action to be taken. City Manager notified Commission of requests received to advertise in and outside of City Shuffle Buses. Consensus of Commission to prohibit advertising anywhere on Shuttle Buses. The meeting adjourned at 12 noon. Teresa M. Smith, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission _~'~ Eric M. Soroka, City,~ff, nage~ March 24,1999 - ~..~ ~ Appointment of Special Masters for Code Enforcement Process April 6, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission ratify the City Manager's re-appointment of Judge Alfred ("Fred") Nesbitt and Herbert L. Kliger, J.D. and appointment of Robert A. Friedman as Special Masters for the City of Aventura's Code Enforcement Process. BACKGROUND Section 4 of Ordinance 6-14, which established the City's Code Enforcement Process, provides for the City Manager to appoint Special Masters, subject to City Commission ratification, for a term of one year. It further provides that they may be re-appointed by the City Manager, also subject to ratification by the City Commission. The above- referenced individuals are submitted to you for re-appointment and appointment of Special Masters. In addition, we will be advertising in our next newsletter for additional residents who wish to become Special Masters. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0733-99 LEGAL EXPERIENCE ROBERT A. FRIEDMAN 20780 N.E. 30th Place Aventura. Florida 33 t 80 (305) MILLER, KAGAN, RODRIGUEZ & SILVER, P.A., Coral Gables. FL June 1996-Present AttorneA!: Represent workers' compensation employers/insurance carriers in all aspects of litigation from discoveu' through trial. Attend depositions, meditations and hearings in connection with litigation. Speak at client seminars and teach clients on changes in workers' compensation area law. Represent insurance carriers in civil litigation matters from discove~ through trial. HOFFMAN, LARIN & AGNETTI, P.A., MiamL FL August 1995-June 1996 Attorney: Represent workers' compensation claimants. Interview potential clients and attend to client needs throughout duration of case. Prepare Requests lbr Assistance and Petitions for Benefits. Attend hearings and depositions, prepare demands tbr settlement and participate in settlement negotiations with insurance adjusters and employers/ca~iers. Assist in other areas of firm's practice including personal iqiu~, fmnily law, bankruptcy, real estate, probate and social security disability. HOFFMAN, LARIN & AGNETTI, P.A., Miami, FL May 1993-May 1995 Law Cleric Researched and prepared legal memoranda in areas of commercial law. thmity law, bankruptcy, workers' compensation, copyright infringement and personal injury. Drafted cotnptaints, discove~ documents and memoranda to state and federal courts including motions to dismiss and motions 1bt summa~ judgment. Assisted in client relations and trial preparation. EDUCATION ST. THOMAS UNIVERSITY SCHOOL OF LAW J.D. degree. May 1995. Honors: Dean's List Activities: Honor Council l'rial Court Team Sports and Entertainment Law Society American Trial Lawyers Association Intramural Sports League UNIVERSITY OF FLORIDA B.A. degree, December. 1991. Major in Criminal Justice. Aclivilies: Pi Lambda Phi Fraternity: Executive Council Intramural Football. Basketball, Softball Leagues Phi Alpha Delta Member (Pre-l,egal Society) SKILLS AND INTERESTS Licensed insurance instructor for workers' compensation Member of Florida Bar Association Member of Coral Gables Bar Association LEXIS. WESTI.AW, WordPerfect. Microsoft and Time Matters Knowledge of Spanish RESOLUTION NO. 99-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 96-23, the City Commission of the City of Aventura provided for the creation of the Recreation and Cultural Arts Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter of the City of Aventura, the City Commission wishes to provide for approval of members to the Recreation and Cultural Arts Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to the Recreation and Cultural Arts Advisory Board: Elaine Baxter Mindy Bloom Don Gustin Irving Kanowitz Janet Laine Randi Rapp Lenore Toby Simmons Section 2. This Resolution shall become effective immediately upon its adoption. Resolution No. 99-.__ Page 2 The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Cohen, 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 Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of April, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission _~ Eric M. Soroka, Ci~ZlV~7 March 31, 1999 t.... Budget Amendment - Huber Tract Improvements April 6, 1999 City Commission Meeting Agenda Item ~-~ RECOMMENDATION In accordance with the discussion at the Mamh Workshop Meeting, attached is a budget amendment in the amount of $75,000 to renovate the Huber Tract on a temporary basis into an unleashed dog park. The work involves clearing one and one-half area including fencing and parking as discussed at the Workshop Meeting. The work would be completed in ninety (90) days. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0737-99 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1998/99 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. The City Commission authorizes the revisions to the current budget as are set forth on the attached Exhibit "A" which are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Resolution No. 99-~ Page 2 Section4. This Resolution shall become effective immediately adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner upon its , 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 Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of April, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT A Budget Amendment EXPENDITURES CAPITAL BUDGET 001-80XX 6316 Community Services - 50-539154t/572 Huber Tract Improvements 0 75,000 75,000 6999 Non-Departmentsl-90-590 Capital Reserve SUBTOTAL 2,5~3~92 (75,000) 2,498,292 Total Amendments-Expenditures CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEM(~NDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~port Services Director March 31, 1999 Comprehensive Annual Financial Report - FY 1998/99 April 6, 1999 City Commission Meeting Agenda Item: 8[3 Recommendation It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1998." Background The Comprehensive Annual Financial Report (CAFR) was distributed to the Mayor and Commissioners on March 31st, 1999. The two attached memorandums were distributed along with the CAFR. The Rules of the Auditor General, Chapter 10550, require that the CAFR and the Management Response to Schedule of Findings be filed as an official record at a public meeting. This motion satisfies said requirement. A representative of Rachlin Cohen & Holtz, the audit firm, will be present at the meeting. However, since the CAFR is the responsibility of the City, I respectfully request that any questions be discussed with me prior to the meeting. HMK/mn FSS289-99 CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City C°mmissi°n ~' ~r ~Soroka, ~.~r Harry M. Kilgore, Financ[?Sti1~port Services Director March 31, 1999 Management Response to Schedule of Findings The Management Letter in Accordance with the Rules of the Auditor General dated February 6th, 1999 lists four comments and recommendations. The City Administration response to these findings are as follows: 1. Year 2000 Issue As stated by the auditors, we have contacted H.T.E., the software provider for our financial systems relating to this issue. They have provided evidence that all applications used by the City are Y2K compliant. However, we will continue further testing and verification to assure that all systems are fully compliant. 2. Deposits As stated by the Auditors, we do not believe that daily deposits are generally required. However, large dollar value checks receive special treatment and are deposited on the day received. We agree that cutoff procedures can and will be improved at year-end in the future. 3. Accounts Receivable-Police Off-Duty Services This comment was the result of establishing a separate fund for Police Off-Duty Services at mid year. Prior to that time, all costs and revenues were accounted for within the budgeted General Fund. In establishing the Police Off-Duty Services Fund (referred to as a memorandum fund by the auditors) we elected to maintain the accounts receivable balance in the General Fund until the end of the 1997/98 fiscal year. As a result, the accounting for these revenues and receivables required a series of journal entries and was not as straight forward as most transactions. We will make the necessary changes to record all transactions in the Police Off-Duty Services Fund effective April 1, 1999. Page (2) 4. Accounts Payable The comment relating to accounts payable has to do with the various reports on accounts payable that can be run from the H.T.E. accounting system rather than an understatement in the financial statements. Because of the training and implementation of the various HT.E. modules, we were not closing all accounting periods on a timely basis during the latter portion of the 1997/98 fiscal year. We now close each period by the tenth of the following month. This will result in all entries being posted to the proper accounting period and assure that the various reports on accounts payable properly reconcile to the actual account balance. HMK/mn FSS291-99 CITY OF AVENTURA, FLORIDA Comprehensive Annual Financial Report AV 4 17?E .A.41 c; I WWI . . : , _ .IT 1 *i FLO \ A C• l 2� o EXC' ' FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 E L C I L I I CITY OF AVENTURA, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FISCAL YEAR ENDED SEPTEMBER 30, 1998 C I L I E t Prepared by: FINANCE SUPPORT SERVICES I I CITY OF AVENTURA, FLORIDA TABLE OF CONTENTS PAGE INTRODUCTORY SECTION Letter of Transmittal City Officials xi Organization Chart xii Certificate of Achievement of Excellence in Financial Reporting xiii FINANCIAL SECTION Report of Independent Certified Public Accountants 1-2 General Purpose Financial Statements (Combined Statements-Overview) Combined Balance Sheet-All Fund Types and Account Groups 3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - �° All Governmental Fund Types 4 ` Statement of Revenues, Expenditures and Changes in Fund Balances -Budget and Actual- All Budgeted Governmental Fund Types 5 Statement of Revenues, Expenses and Changes in Retained Earnings - Proprietary Fund Type 6 Statement of Cash Flows - Proprietary Fund Type 7 Notes to General Purpose Financial Statements 8-19 Combining, Individual Fund and Account Group Statements and Schedules General Fund: Schedule of Revenues and Expenditures-Budget and Actual 20-21 �r Special Revenue Funds: LCombining Balance Sheet 22 Combining Statement of Revenues,Expenditures and Changes in Fund Balance 23 Statement of Revenues, Expenditures and Changes in Fund Balance-Budget and Actual 24-25 General Fixed Assets Account Group: Schedule of General Fixed Assets-By Source 26 Schedule of General Fixed Assets- By Function and Activity 27 Schedule of Changes in General Fixed Assets-By Function and Activity 28 L L r CITY OF AVENTURA, FLORIDA 1 TABLE OF CONTENTS • (Continued) PAGE STATISTICAL SECTION General Governmental Expenditures by Function (Table 1)and; General Governmental Revenues by Source(Table 2) 29 Property Tax Levies and Collection (Table 3) and; Assessed Value of Taxable Property (Table 4) 30 Property Tax Rates and Overlapping Governments(Table 5) and; Ratio of Net General Bonded Debt to Assessed Value and Net Bonded Debt to Assessed Value and Net Bonded Debt Per Capita (Fable 6) 31 Computation of Legal Debt Margin (Table 7) and; Computation of Direct and Overlapping Debt(Table 8) 32 Ratio of Annual Debt Service Expenditures for General Bonded Debt to General Governmental Expenditures(fable 9) and; Estimated Date of Construction(Table 10) 33 Principal Taxpayers(Table 11) 34 Demographic and Miscellaneous Statistics 35 1 SUPPLEMENTARY AUDITOR'S REPORTS SECTION Report of Independent Certified Public Accountants on Compliance and on Internal Control a er Financial Reporting Based on an Au._t of Financial Statements Performed in Accordance with Government Auditing Standards 36-37 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 38-39 Schedule of Findings 40-41 • • • 1 i 1 E A� AVE �✓ :r_. CITY OF AVENTURA U v? OVERNMENT CENTER ii! - :: * ., *Z 2999 N.E. 191sT STREET ci, SUITE 500 R �,� Ir `Ce - FL0 �C�� �tti AVENTURA, FLORIDA 33180 e`er a ,sxcx" E ARTHUR I. SNYDER MAYOR March 23, 1999 HARRY HOLZBERG VICE MAYOR E COMMIRRIONRRR ARTHUR BERGER JAY R. BESKIN r KEN COHEN !4 Honorable Mayor and JEFFREY M. PERLOW Members of the City Commission PATRICIA ROGERS-LIBERT E City of Aventura ERIC M SOROKA Aventura, Florida CITY MANAGER E In accordance with Section 11.45, Florida Statutes, and Section 4.11 of the City Charter, submitted herewith is the Comprehensive Annual Financial Report for the fiscal year ended September 30`h, 1998. Responsibility for both the accuracy of the data and completeness E and fairness of its presentation, including all disclosures, rests with the City. Management believes that the data presented is accurate in all material aspects; that it is presented in a manner designed to present fairly the financial position and results of operations of the City E as measured by the financial activity of its various funds and account groups and that all disclosures necessary to enable the reader to gain the maximum understanding of the City's financial affairs have been included. EThe Comprehensive Annual Financial Report consists of four parts as follows: E 1. introductory Section - This section is designed to introduce the reader to the report and includes the table of contents, the transmittal letter, the governmental structcre, a list of principal officials id the Certificate of Achievement for LExcellence in Financial Reporting. 2. Financial Section - This section includes the opinion of the independent auditors L followed by the General Purpose Financial Statements (GPFS). The GPFS are the combined financial statements of the City together with the notes to the financial statements. These basic combined financial statements and notes are E designed to provide an overview of the City's financial position and results of operations. The remainder of this section presents the combining, individual fund and account group statements and schedules. L L f L PHONE: 305-466-8900 • FAX: 305-466-8939 I 3. Statistical Section - This section presents summary financial and demographic information on the City for the first three years of its operations and information on overlapping taxing authorities. Each year, an additional year will be added to allow for a good historical overview of the City. 4. Compliance Section - This section includes those reports required to comply with Governmental Accounting Standards and Rules of the Auditor General of the State of Florida. THE REPORTING ENTITY AND ITS SERVICES The City of Aventura was incorporated on November 7th, 1995 and is a political subdivision of the State of Florida. The City operates under a commission-manager form of government and provides General Government, Public Safety and Community Services to its residents and business community. The Mayor and six City Commissioners were elected in March, 1996 and are responsible for establishing policies for City Government. The Mayor and Commission appoint the City Manager who is the Chief Administrative Officer of the City and is responsible for implementing policies adopted by the Commission. The City Manager and first regular employees officially began work on June 3rd 1996 and have worked with the Mayor and Commission to establish the municipal government structure. This report includes all of the funds and account groups for which the City of Aventura is financially accountable. Although the Miami-Dade Board of County Commissioners, Miami- Dade District School Board, South Florida Water Management District and Florida Inland Navigation District levy and collect taxes on property located within the corporate limits of Aventura, financial information on these taxing authorities is not included in this report since each has a separate elected governing body, are legally separate and are fiscally independent of the City. Annual financial reports of these units of government are available • upon request from each authority. 1 ECONOMIC CONDITIONS AND OUTLOOK The City of Aventura serves an area of approximately 4 square miles with an estimated 1 population of approximately 22,000 year it. 7d residents. The City was incorporated on November 7th, 1995 and has been in the process of establishing its government organization. Prior to incorporation, the City received services from Miami Dade County as a part of their unincorporated municipal services taxing unit. The City received no real property, facilities or equipment from Miami-Dade County upon incorporation. Prior to incorporation, several studies concluded that the Aventura area was a major donor to Miami-Dade County's unincorporated municipal services taxing unit. Actual operations since incorporation support the conclusions of those studies, although the studies did overstate the magnitude of the City's donor status. 1 1 ii The City's combination of upscale residential and commercial developments results in a taxable value of $2.8 billion within a land area of less than 4 square miles. This makes Aventura's taxable value per capita of more than $130,000 among the highest in the County and State. As shown by the number of permits and estimated value of construction on table 10 of the statistical section, the 1997/98 fiscal year was an extremely active construction period in the City. A review of the underlying permits showed that the construction activities Econtinued to be geared toward upscale residential and commercial activities. An analysis of projects in the various stages of the planning and development process indicates that the same type and level of construction activity can be expected over at least the next two to three years. The City's image as an upscale community will continue to be enhanced by the operation of its own municipal services resulting in a continuing emphasis of high quality development in the City. MAJOR INITIATIVES The establishment of a new municipal government structure to meet the needs of an existing City resident and business base has required the dedication of elected officials, the City Manager and all employees. The foundation on which to build the government structure has emphasized customer service, one-stop shopping and privatization where appropriate. We will attempt to highlight the primary matters which were accomplished during the 1997/98 fiscal year. Police Department One of the primary reasons for the city to incorporate was to improve the level of law enforcement services. The demand for police services was greater than originally anticipated and the residents and owners desires for further improvement was recognized in the 1997/98 budget where total staffing was increased from 61 to 72 employees. The 1998/99 budget added seven more positions. F Virtually all positions added were sworn police officers resulting in a greater concentration on 1Y community policing, traffic flow enhancement programs and other direct service to the public. In addition the implementation of computerized systems in the department was aimed at providing officers with the latest available technology. The result has been a proactive, i� community policing oriented department relying on modern methods and the use of state of the art equipment to perform efficiently and effectk dy. Y Revenue Enhancements As a new city, we have worked diligently to obtain all revenue streams which are due the City or where we believe the City would better utilize the revenues than Miami-Dade County. Toward this end, during the 1997/98 fiscal year the City was successful in negotiating an inter-local agreement to obtain its share of franchise fees on electricity, establishing a City stormwater utility fund and establishing an interim services fee. An inter-local agreement with Miami-Dade County was negotiated during the year which allowed the City to obtain franchise fees on electricity which would otherwise go to Miami- Dade County. The agreement called for the city to receive one-half of the franchise fees collected by Florida Power and Light inside Aventura's corporate limits for the 1997/98 fiscal L 1 year and one hundred percent in all future years. This amounted to $803,000 in City revenue in 1997/98 and over $1.6 million each year in the future. In October 1997, the City began levying stormwater utility fees on all property located within , the City limits. The municipal levy was $2.00 per equivalent residential unit per month, the same rate levied by Miami-Dade County in prior years. Revenues totaled approximately $800,000 for the 1997/98 fiscal year. A transfer from the General Fund allowed the City to spend over $1 million on capital improvements to the stormwater drainage system within the City. This was more than Miami-Dade had spent on the system in the past ten years. An interim services fee study was performed by Tischler and Associates, a recognized expert in said fees, to determine the feasibility and financial impact of establishing an interim service fee. Interim services fees are charged to new development to cover operating expenses resulting from occupancy of new residential and non-residential property prior to the date such properties appear on the tax roll at full improved value. The fee became effective on October 1, 1998 and is anticipated to generate approximately $500,000 during the next five years. The franchise fee on electricity and City stormwater utility fee resulted in no increase in taxes t or fees paid by City residents; they only resulted in a shifting of receipt from Miami-Dade County to the City. The interim service fee is collected from developers so that the growth in service costs are properly allocated to those who benefit from such growth, the occupants of the newly constructed areas. All of these measures will allow the City to maintain low rates and fees while providing a higher level of service to our residents. ' Capital Improvement Proaram The City's elected officials and professional staff recognized the need for long range planning in addressing the City's infrastructure needs. The development of such a long range planning document was especially critical to the City because many needed improvements had been neglected by the County prior to the City's incorporation. Therefore, the City Manager and City Commission made the development and updating of the City's first five-year Capital improvement Program (CIP) a priority early in the City's existence and was adopted in the 1996/97 fiscal year. , During the 1997/38 fiscal year, the City reexamine J its needs and developed a plan for future action in order to provide the necessary components for the achievement and maintenance of a desirable, high quality of life in Aventura. The 1998 - 2002 Capital Improvement Program was developed, reviewed and adopted during the 1997/98 fiscal year. 1 The CIP identified and prioritized projects with a total cost of over $30 million over the five year period between October 1, 1998 and September 30, 2003. Unlike some Capital Improvement Programs which are only wish lists of what is desired with no real strategy to fund the costs identified, Aventura's is a true financial plan. The CIP includes a review of operating expenses and revenue projections over the five-year period in order to determine the availability of funding and the necessity for debt financing. 1 iv 1 The 1998-2003 CIP was adopted by the City Commission in July 1998 and includes $4.875 million for Stormwater drainage improvements, $10.5 million for construction of the Government Center/Police Station/Commission Chambers, $7.424 million for Beautification Improvements, $2.9 million for roadway and safety improvements and $2.7 million for Park/Open Space purchase. Management Information Systems In order to effectively utilize personnel in all City departments, the need to rely on state of the art computerization has been stressed throughout the City's short history. During the 1997/98 fiscal year, the City implemented a fully integrated central computer system for use by all departments for accounting, purchasing, payroll/personnel, budgeting, building permits, occupational licenses, code enforcement, planning and zoning, fleet maintenance, work order processing and other general administrative functions. Virtually every City employee is connected to the central computer system through personal computers linked through two LAN's. In addition, the Police Department implemented a comprehensive computer system for dispatching, records, and crime reporting. The system also includes laptop computers which communicate directly from anywhere in the City to the Police central computer. L FINANCIAL INFORMATION Linternal Accounting Control Management of the City is responsible for establishing and maintaining an internal control L structure designed to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes L that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. LAll internal control evaluations occur within the above framework. We believe that the City's internal accounting controls adequately safeguarc jssets and provide reasonable assurance Lof proper recording of financial transactions. L Budgetary Control In accordance with City Ordinance, appropriations are legally controlled at the Department level. Encumbrance accounting, under which purchase orders and other commitments for F the expenditure of monies are recorded in the accounting records, was implemented it beginning in mid October 1997. L Overview of Financial Activity This financial report covers the fiscal year which ended on September 30th, 1998. The City was incorporated in November 1995 and has been in the process of establishing its own L L I revenue producing laws and establishing the backbone for the future development of the ' various City Departments. Miami-Dade County collected ad valorem taxes as a part of their countywide municipal service district and paid the costs of certain services during the , 1995/96 fiscal year. Further, some permit activities were performed by the County for a portion of the 1996/97 fiscal year. Other revenue sources were not received until the 1997/98 fiscal year. Also, the City contracted for County police and other services for a portion of the , 1996/97 fiscal year. Therefore, dollar value and percentage changes between the 1996/97 and 1997/98 fiscal years are not indicative of projected changes in future years. • General Governmental Functions I For the purpose of this section, general governmental functions are defined to include the General, Special Revenue, Capital Projects and Debt Service Funds. The amount of , revenue by sources are summarized below: Increase or (Decrease) from 1996/97 , 1997/98 Percentage of Revenue Sources Amount Total Amount Percentage Locally Levied Taxes ' Ad Valorem 5,841,669 33.60% 273,068 4.67% Utility Taxes 3,635,209 20.91% 85,833 2.36% Franchise Fees 1 194 519 6.87% 935.497 78.32% Subtotal-Taxes 10,671,397 61.39% 1,294,398 12.13% ' Licenses & Permits 2,756,432 15.86% 1,388,410 50.37% ' Intergovernmental Revenues 1,390,596 8.00% 11,086 0.80% Charges For Services 512,141 2.95% 324,583 63.38% Fines & Forfeitures 667,824 3.84% 625,053 93.60% ' Impact Fees From Developers 773,844 4.45% 334,272 43.20% Interest Earnings 515,759 2.97% 200,506 38.88% Other 95 395 0.55% 43 438 45.53% ' Total 17,383,388 100.00% 4,221,746 24.29% The increase in ad valorem taxes was the result of increases in taxable value, primarily due to new additions to the roll. The tax rate was maintained at the same rate as in 1996/97. The increase in franchise fees was due to the receipt of franchise fees on electric, which I were received for the first time in September 1998. Receipt of these funds was the result of negotiations with Miami-Dade County. The amount received for 1997/98 is only one-half of I the amounts to be received in future years. License and permit revenue increased primarily due to increased building permit revenue 1 above the previous year. The County handled all permit activity for a portion of the 1996/97 fiscal year as opposed to the City performing all building inspection services for the entire 1997/98 year. ' Charges for services increased primarily as a result of providing police extra detail services for all of 1997/98 versus only a portion of the 1996/97 year. ' vi I E Fines and forfeitures increased because we had our own police services in place for all of L1997/98 versus only a portion of 1996/97. Interest earnings increased due to larger fund balances and revenues than the previous year. LThe amount of operating and capital expenditures by function are as follows: L Increase or(Decrease) from 1996/97 Functions 1997/98 Percentage ,„ Amount of Total Amount Percentage Fi General Government City Commission 75,474 0.41% 2,498 3.31% City Manager 428,026 2.32% 63,061 14.73% L Finance Support Services 700,281 3.79% 45,765 6.54% Legal 195,270 1.06% (3,037) -1.56% City Clerk 199.814 1.08% 67 580 33.82% LTotal General Government 1 598 865 8.66% 175 867 11.00% C Public Safety Police 5,377,697 29.14% 717,189 13.34% Community Development 1924,557 15.85% 1 710,568 58.49% ETotal Public Safety 8.302.254 44.98% 1427 757 29.24% Community Services 4,585,427 24.84% 2,844,401 62.03% Non Departmental 3,732,473 20.22% (86,633) -2.32% Debt Service 237 549 1.29% 125,594 52.87% ETotal Operating & Capital Expenditures 18,456,568 100.00% 5,486,986 29.73% Expenditures increased in virtually every department as a result of the City adding employees Eto meet resident demands for services. In the Community Development Department, the it additional costs of contractual inspection services was offset by revenue increases over the prior year. The major increase in the Communi,, Services Department are due to capital Y projects being fully operational in the 1997/98 fiscal year. The major portion of these costs f� was for Founders Park which opened in November 1998. L Fund Balances Fund balance represents the accumulation of resources from prior years to fund future years' budgets and for use as a reserve for unexpected events in the future. The fund balance at September 30, 1998 for the General Fund is $5,941,789, representing approximately 33% of ■ the 1998/99 budget. A major portion of this amount ($2.674 million) is used to fund a capital reserve account in the 1998/99 budget. The capital reserve account may be allocated by the ECity Commission to fund budget needs in the 1998/99 or later fiscal years. L Ivii 1 The fund balances in each special revenue, debt service and capital projects fund are usefor designated for g o the specific legal purposes of each fund. Retirement Programs The City contributes to three defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401 (a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 12 and 18% of each employee's salary, depending on the employee classification. There are no employee contributions. Employer contributions, excluding rollovers, for the fiscal year ended September 30th, 1998 were approximately $438,000. A defined contribution pension plan provides pension benefits in return for services rendered, ' provides an individual account for each participant and specifies how contributions to the individual's account are to be determined instead of specifying the amount of benefits the individual is to receive. Under a defined contribution pension plan, the benefits a participant will receive depends solely on the amount contributed to the participant's account, the returns earned on investments on those contributions, and forfeitures of other participant's benefits that may be allocated to such participants account. In order to encourage employees to supplement the defined contribution plan, a deferred compensation program is also available to all full-time employees. Under this program, employees may voluntarily elect to defer a portion of their salary to future years. Both programs are administered by the ICMA Retirement Corporation under trust agreement. The plan assets are separate and the City does not exercise control over the assets. Therefore, the assets, liabilities and transactions are not included in the financial statements. Financing Programs and Debt Administration The City's only outstanding debt at September 30, 1998 was a line of credit with a local bank. On December 20th, 1996, the City entered into a non-revolving line of credit agreement with a bank, not to exceed $10 million for the purpose of acquiring sites, constructing and equipping certain capital improvements. The line of credit expires on December 30th, 1999, carries an interest rate of 4.58% and requires only interest payments until December 30th , 1999. On December 30th, 1996, the City drew $3.2 million against the line to acquire land to be used as a site for a park. In January 1998, the City drew $2.8 million on the line of credit to acquire the second parcel of land which will be used for a government center, police station and cultural center. General Fixed Assets Account Grouo The general fixed assets for the City are those assets used in the performance of general government functions. In accordance with generally accepted accounting principles for local governments, the City does not record depreciation on general fixed assets nor does it record , infrastructure assets such as roads, bridges, curbs and gutters, streets and sidewalks, drainage systems, and similar assets that are immovable and of value only to the City. Assets are recorded at cost; donations, if any, will be recorded at fair market value at the date of receipt. As of September 30'", 1998 the cost of general fixed assets totaled $11,064,346. viii L Cash Management All funds are centrally managed through the use of a pooled cash account. During the period of the report, all funds were held in an interest bearing checking account collateralized through the State Treasury Public Depository program or with the Florida State Board of Administration (SBA) investment pool. Both the checking account and SBA investment pool are fully insured and immediately available and considered as cash and cash equivalents. The total portfolio ranged from $5 million to $12 million during the year. The portfolio averaged approximately $9.9 million with interest earnings of approximately $516,000 resulting from an average return of 5.2%. Risk Management The City is insured with the Florida Municipal Insurance Trust for liability, property and workers compensation coverage. The liability limit under the policy is $5,000,000. L OTHER INFORMATION Independent Audit In accordance with Section 11.45(3)(a)(4), Florida Statutes, and Article I, Section 4.11 of the City Charter, the City engaged the firm of Rachlin Cohen & Holtz, Certified Public Accountants, to perform the independent audit of the City's accounts and records. The independent auditor's reports are included in the Financial and Compliance sections. Certificate of Achievement The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of 6 Aventura for its comprehensive annual financial report (CAFR) for the fiscal year ended September 30th, 1997. The Certificate of Achievement is a prestigious national award F recognizing conformance with the highest standards for preparation of a state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. The C. ,.=R must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe our current report continues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA. L E ix 1 Acknowledgements ' The preparation of this report on a timely basis could not have been accomplished without the efficient and dedicated services of the entire staff of the Finance Support Services Department. We express our appreciation to all members of the Department who assisted and contributed to its preparation. We also wish to thank the Mayor and City Commissioners for their interest and support in planning and conducting the financial operations of the City in a responsible and progressive manner. Respectfully Submitted, ' HARRY M. KILGO-E, C.P.A. ERIC M. SOROKA , Finance Support Services Director City Manager HMK/mn • 1 • • 1 1 1 1 1 1 1 x ' E L City OF Aventura, Florida CITY OFFICIALS 1 SEPTEMBER 30, 1998 L C CITY COMMISSION Arthur I. Snyder - Mayor Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert L CITY MANAGER 1 Eric M. Soroka DEPARTMENT DIRECTORS Harry M. Kilgore, Director Finance Support Services Robert M. Sherman, Director Community Services Brenda Kelley, Director Community Development Teresa M. Smith, City Clerk Thomas E. Ribel, "7 lief of Police L CITY ATTORNEYS Weiss, Serota & Helfman, P.A. 1 CITY AUDITORS Rachlin Cohen & Holtz LLP Certified Public Accountants C X1 ORGANIZATIONAL CHART t I CITY OF AVENTURA I Residents City Commission I City Attomey a' City Manager i City Clerk Legal Services -.x Administration Minutes ' Budget Preparation Records Retention Customer Service Clerical Support ' Capital Projects Public Safety Community . Finance/Support „ Community ' Department Development Services Services Department Department Department Police Planning Finance/Accounting Community Facilities Patrol Zoning Purchasing Parks/Beautification Community Relations Building Inspections Risk Management ROW/Median Maint. ' Criminal investigations Code Enforcement Information Management Public Works Traffic Enforcement Economic Development Personnel Mass Transit Emergency Preparedness Occupational Licenses Special Events Recreation/Cultural I I I I I I XII I L L Certificate of Achievement for Excellence E in Financial Reporting Presented to City of Aventura, Florida For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 1997 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Associatiou of the United States and Cell oda tc government units and public employee retirement �r systems whose comprehciaive annual financial !■ reports (CAFRs) achieve the highest standards in governn st accounting and financial rel.aninq. `aN1°" President yos/atc.ge COP)0411�M1 S Execahe Dimcc:o xili t i t i t THIS PAGE INTENTIONALLY LEFT BLANK 1 1 1 1 1 1 1 1 1 C t E C C C L REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS C C C C C C C C I I I RCH Rdchlin Cohcn f i i D l; CERTIFIED PUBLIC ACCOUNTANTS&CONSULTANTS A Partnership Including Professional Associations IREPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS I Honorable Mayor,City Council and City Manager City of Aventura,Florida I We have audited the accompanying general purpose financial statements of the City of Aventura, Florida (the City) as of September 30, 1998 and for the year then ended, as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. Except as discussed in the following paragraph, we conducted our audit in accordance with generally I accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are I free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall Ifinancial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Governmental Accounting Standards Board Technical Bulletin No. 98-1, Disclosures about Year 2000 Issues, requires disclosure of certain matters regarding the year 2000 issue. The City has included such Idisclosures in Note 2. Because of the unprecedented nature of the year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. Accordingly, insufficient audit evidence exists to support the City's disclosures with respect to the year I2000 issue made in Note 2. Further, we do not provide assurance that the City is or will be year 2000 ready, that the City's year 2000 remediation efforts will be successful in whole or in part, or that parties with which the City does business will be year 2000 ready. IIn our opinion,except for the effects of such adjustments, as might have been determined to be necessary had we been able to examine evidence regarding year 2000 disclosures, the financial statements referred above present fairly, in all material respects, the financial position of the City, as of September 30, 1998, and the results of its operations and its cash flows of its proprietary fund type for the year then ended in conformity with generally accepted accounting principles. IIn accordance with Government Auditing Standards,we have also issued a report dated February 6, 1999 on our consideration of the City of Aventura, Florida's internal control over financial reporting and our I tests of its compliance with certain provisions of laws,regulations,contracts and grants. I Home Page: http://wwwrchcpa.com One Southeast Third Avenue,Tenth Floor,Miami,Florida 33131•Dade(305)3774228•Fax(305)377-8331 700 Southeast Third Avenue,Third Floor,Ft.Lauderdale,Florida 33316•Broward(954)525-1040•Fax(954)525-2004 I Member of Summit International Associates,Inc.with Offices in Principal Cities Throughout the World Member of the American Institute of Certified Public Accountants Division for SEC Practice Section and the Private Companies Practice Section Member of the Florida Institute of Certified Public Accountants 1 RCH 1 Honorable Mayor, City Council and City Manager City of Aventura,Florida Page Two Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The combining, individual fund and account group statements and schedules as listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the City. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, except for the effects of such adjustments, if any, as might have been determined to be ' necessary had we been able to examine evidence regarding year 2000 disclosures, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. Ate"It4i A - 24I be Miami,Florida February 6, 1999 1 1 1 1 L L L L E C E GENERAL PURPOSE FINANCIAL STATEMENTS (Combined Statements - Overview) L I I L C I C I L r A A A A A A A A A A A A A A A A A A CITY OF AvF.NTURA,FLORIDA COMBINED BALANCE SHEET ALL FUNDI revs AND ACCOUNT GROUPS SEP rLMBER 30-1998 Govemmental Proprimany Account Fund Types Fund Ts pe Groups General General Totals Special Debt Capital Fixed Long-lean (Memorandum General Revenue Service Protects E merprs Assets Debt Onls1 ASSFIS AND OI HER DEBT 1S Assets Cash and cash equivalents $ 7U46,356 S 1500.536 5270573 S 94.091 S 0111914 S - S - 5 0.522.470 Accounts receis able 367,975 36),975 Due from special res entre fund 12,657 - - - _ - - 12657 Due from other no 1emments 121.300 32.395 - - - - 153,695 Prepaid costs 30,037 - - - - - - 30 037 Capital lmpros etnents - - - - 1.042652 - - 1 642 652 Fixed assets - - - - - 11,001346 . 11.064 346 Other debits: Amount as ailable in debt service Fund - - - - - - 207,873 207 873 Amount to he prosided for retirement of general long-tetra debt - 5087.965 5 957 964 1 otal assets and other debits S 7578.325 S I 532 931 S 276.573 S 94.091 S 1_647566 S II.064346 S 6.195838 S 28389.070 I ARIIITIFS-I'Q1111AND O1IIP"rRED1!S I iabilitiu- Accountspayable S 711 202 S 366580 S - S 30.633 S 46.063 5 - S - 5 1154 4/8 Accrued Drab]ices 546.191 35,792 68.700 - - - - 650683 Due to general fund - 12057 - - - - - 12657 Defend resenue 379,143 - - - - 379 141 Compensated absences Disable - - - - 195.838 195838 I int of credit obligation - - - - - 4000.000 6.0041100 Total liabilities 1.636536 46029 68.700 30,633 410603 • 6.195.838 8.392799 Equi and other credits. n Ivestment in general n Sed assets - • - - - 11.064,346 - II 064340 Retained eaminns I,00 V-03 083503 Fund balance. Reserved For. Prepaid costs 34037 - 30,037 Debt service - - 207 873 • - - - 207,873 Encumbrances - 535.174 - • - - - 534 174 Fnr cncd Designated for police 518303 - - - - - 518 303 Designated 6t street maintenance - 64,425 - . - _ 64,425 Designated for capital outlay - - - 03.458 - - - 63.458 Designated for subsea..lent years appropriations 5911752 • - - - - - 5911752 IoM equity and other credits 5,941.789 1,117,902 207,873 03458 1 601 503 11064340 19.994871 Total liabilities.equity and other credits S 7,578.325 S 1.532931 S 276.573 5 94.091 $ 1,647 r6 5 11 064546 5 6.195 838 S 28 389,670 Sec notes to general purpose financial statement:, I CITY OF AVENTURA, FLORIDA COMBINED STATEMENT OF REVENUES.EXPENDITURES AND CHANGES IN FUND BALANCES , ALL GOVERNMENTAL FUND TYPES FISCAL YEAR ENDED SEPTEMBER 30, 1998 Governmental Fund Types Totals ' Special Debt Capital (Memorandum General Revenue Service Projects Only) Revenues: Taxes S 10,422,851 $ - $ 248,546 $ - $ 10,671,397 • Licenses and permits 2,373,757 382,675 - - 2,756,432 I Intergovernmental 1,390,596 - - - 1,390,596 Charges for services 512,141 - - - 512,141 Fines and forfeitures 126,232 541,592 - - 667,824 I Police impact fees - 212,727 - - 212,727 Recreation impact fees - 561,117 - - 561,117 Interest 464,256 39,006 7,631 4,866 515,759 Miscellaneous 95,395 - _ - - 95,395 Total revenues 15,385,228 1,737,117 256,177 4,866 17,383,388 Expenditures • • Current: t General government 1,449,408 - - - 1,449,408 Public safety 6,535,920 - - - 6,535,920 Community services 1,468,806 - - - 1,468,806 Non-departmental 486,729 200,954 - - 687,683 Capital outlay 4,317,830 914,496 - 2,844,876 8,077,202 Debt service: I Interest - - 237,549 - 237,549 Total expenditures 14,258,693 1,115,450 237,549 2,844,876 18,456,568 • Excess (deficiency) of revenues over(under) expenditures 1,126,535 621,667 _ 18 628 (2,840,010) (1,073,180) Other financing sources(uses): Operating transfers in 581,500 356,000 - - 937,500 Operating transfers out (1,391,704) (341,000) - - (1,732,704) Proceeds from line of credit - - - 2,800,000 2,800,000 Total other financing sources (uses) (810,204) 15,000 - 2,800,000 2,004,796 Excess(deficiency) of revenues over(under)expenditures and other financing sources (uses) 316.331 636,667 18,628 (40,010) 931,616 Fund balances, beginning 5,625.458 481,235 _ 189245 103,468 6,399,406 Fund balances, ending $ 5,941,789 $ 1,117,902 $ 207,873 $ 63,458 $ 7,331,022 See notes to general purpose financial statements. ' -4- r"+ r^, PI rM r-, r r n n n r r n n r r n r n CITY OF AVENTORA.FLORIDA STATEMENT 01 REVENUES,EXPENDITURES AND CHANGES IN FUND BAI ANC LS-BDGEIANI)A(TtAl - ALLBUDGETEDGOVERNMENTAI.FUND TYPES FISCAL YEAR ENDED SEPTEMBER 3(1,1998 Annually Budgeted General Fund Special Revenue Funds Debt Service Fund Capital I'mlocis Emil Variance Variance Variance variance Favorable Favorable Favorable I'arvrable Budget Actual (Unfavorable) B1 et Actual (Unfavorable) Budget Actual (I:n favorable) Budect Acreul 11 Intim Revenues- Taxes S 9.732,000 S 01,422,851 S 690,851 S - S - $ - S 1,000,000 5148.540 5 (751,454) S - 5 - S - Intereovemmental 1,130,396 1.390,590 260,200 338.000 382.075 44-675 - - - - - - Licenses and permits 1540,000 2373,757833.757 - - - - - - - - Charges for scnices 436,520 512,141 75.621 - - - - - - - - Fines and rorlertures 112,000 126,232 14,232 234.000 459.332 225,332 - - - - - - Policeimpactkes - - 58.000 212.727 154,727 - - - - - Recreation impact fees - - - 561.187 561.117 (70) - - - - - - Interest 220.000 464.256 244,256 - 39,006 39,006 - 7.631 7,031 - - Miscellaneous 24.000 95.395 71.395 3.000 - (3.000) 4,0110 - t4.000) 200,000 4.866 (198 1341 Total revenues 13,194.916 11385.228 2.190312 1.194.187 4054,857 460,670 1.004.000 256,177 (747.8231 200,00(1 4.866 (195.1341 B'Pendilures- Con General government 1655.990 1.59E867 57,131 - Public salmi, 7.112,544 6.969,328 143,216 411,000 430,807 119297) - - - - - - Communitysercices 6,485.092 4.802,903 1682.189 1,177,000 684,553 492447 - - - - - - Nnn-dcponmemal 2,631,198 887,597 1,743,601 - - - - - 7.800,000 2841.876 4955.124 Debt service. Principal - - - - - - 351.000 - 554.000 - - - Interest - - - - - 450.000 237.549 212,451 - -Total expenditures 17.884,830 14,258693 3.626.137 1.58E600 1-115,450 473.150 1.004.000 237.549 766.451 7,800,000 2844,876 1.955,124 Lxces (deficiency)of revenues over expend runes 14,089,I)14) 1,126,535 5.816.449 (394.4131 539.407 933,820 - 18.628 18,628 (7,000.0001 2.840,0101 4 789 990 Other financing sources(uses): Operating in 581,500 581,500 - 356.000 39(,,000 . _ _ _ Operating transfers out 11,506,000) (1391,7041 114,296 (341,000) (341,000) - - - - - Proceeds from line of credit - - - - - - - 7,600.000 .2.804000 (4,800,000) Appropriated fund balance 5614,414 - (5.614,4141379413 - (3794131 - - - - -(Mal()Mei 3 none ing sources(uses) 4,689,914 (810,204) (5500.1181394413 15,000 (379,413) - - - 7,600000 2,800,000 (4 800 000) Excess(deficiency)of revenues over expenditures and other financing sources(uses) - 316,331 316,331 - 554.407 554,407 - 18,028 18,628 - (40,010) (40.010) Fund balances.bcemmn8 5,625458 5,625458 - 481.235 481,235 - 189,245 189,245 - 103.468 103,468 Fund balances.ending S - 5 5,941,%89 5 5,941,789 $ - 51,035-642 S I-035,642 $ - S 207,873 5 207,873 S - $ 03.458 5 63,458 Sec notes to general purpose financial statements. 1 • CITY OF AVENTURA, FLORIDA ENTERPRISE FUND • S'I'A'I'EMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS FISCAL YEAR ENDED SEPTEMBER 30, 1998• • j 1 1 Charges for services $ 806,299 • • Operating income 806,299 Transfer from other funds 795,204 Net income 1,601,503 Retained earnings, beginning - Retained earnings, ending $ 1,601.503• ' 1 • • • 1 1 1 1 1 1 6 E CITY OF Av ENTURA, FLORIDA ENTERPRISE FUND STATEMENT OF CASA FLOWS FISCAL YEAR ENDED SEPTEMBER 30. 1998 ■r[ f1 Cash flows from operating activities: Operating income $ 806,299 Adjustments to reconcile operating income to net cash provided by operating activities: Changes in operating assets and liabilities: Increase in accounts payable 46.063 Net cash provided by operating activities 852,362 Cash flows from non-capital financing activities: Transfers from other funds 795,204 ECash flows from capital and related financing activities: Capital improvements (1,042,652) Net increase in cash and cash equivalents 604,914 Cash and cash equivalents,beginning Cash and cash equivalents,ending $ 604,914 I C E C C I -7- I 1 I 1 1 i I 1 I THIS PAGE INTENTIONALLY LEFT BLANK ' 1 1 1 1 1 I L I L I L I C L C NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS I I L I C C I I I CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL S'TATEMEN'TS • SEPTEMBER 30. 1998 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Aventura, Florida (the City) was incorporated on November 7, 1995. The City operates under a Council-Manager form of government and provides the following services as authorized by its charter: public safety, highways and streets, culture and recreation, public works and stormwater management. The general purpose financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASH) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting policies arc described below. 1. Financial Reporting Entity The financial statements were prepared in accordance with Statement No. 14, The Financial RepmTing Entity, which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constituents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of the elected officials. The financial reporting entity consists of the primary government, organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. The City is financially accountable for a component unit if it appoints a voting majority of the organization's governing board and it is able to impose its will on that organization or there is a potential for the organization to provide specific financial benefits to,or impose specific financial burdens on, the City. Based upon the application of these criteria, there were no organizations that met the criteria described above. 2 Measurement Focus,Basis of Accounting .id Basis of Presentation The accounts of the City are organized and operated on the basis of funds and account groups. A fund is an independent fiscal and accounting entity with a self-balancing set of accounts. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions. The minimum number of funds arc maintained consistent with legal and managerial requirements. Account groups are a reporting device to account for certain assets and liabilities of the governmental funds not recorded directly in those funds. The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. C • C -S- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) i 1 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 2. Measurement Focus, Basis of Accounting and Basis of Presentation (Continued) • • • The City has the following fund types and account groups: GOVERNMENTAL FUND TYPES Governmental fund types are used to account for the City's general government activities. Governmental fund types use the flow of current financial resources measurement focus and• the modified accrual basis of accounting. Under the modified accrual basis of accounting revenues arc recognized when susceptible to accrual (i.e, when they are measurable and available). Measurable means the amount of the transaction can be determined and available • means collectible within the current period or soon enough thereafter to pay liabilities of the current period. The City considers revenues available iflhey are collected within 60 days after year end. Expenditures are recorded when the related fund liability is incurred. • Taxes, intergovernmental revenues, and interest are susceptible to accrual. Sales taxes • collected and held by the State at year end on behalf of the City are also recognized as revenue. Other receipts and fees become measurable and available when cash is received by the City and are recognized as revenue at that time. The following are the City's governmental fund types: ' The general fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The special revenue funds are used to account for revenues from specific taxes or other ' revenue sources which are designated to finance particular functions or activities in a_cordance with administrative requirei.,eats. The City maintains six special revenue funds; the Police Education Fund, Street Maintenance Fund, Police Capital Outlay Impact Fee Fund, Park Development Fund, Federal Forfeiture Fund, and Law Enforcement Fund. The debt service fund accounts for the servicing of general long-term debt and other long- term obligations. The capital projects fund accounts for the acquisition of fixed assets or construction of major capital projects. PROPRIETARY FUND TYPE The proprietary fund type is accounted for using the accrual basis of accounting. Under this method, revenues are recognized when they are earned, and expenses are recognized in the period incurred. 1 L CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) L NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 2. Measurement Focus, Basis of Accounting and Basis of Presentation (Continued) LPROPRIETARY FUND TYPE (Continued) L For the proprietary fund, the City has elected to follow all GASB pronouncements and all FASB pronouncements issued on or before November 30, 1989 except for those that are contradicted by a GASB pronouncement. The enterprise fluid is used to account for operations that are financed and operated in a manner similar to private business enterprises where the intent of the governing body is L for user charges to cover the costs of providing the service. '1 he City has one enterprise fund, the Stormwater Utility Fund. LACCOUNT GROUPS The general fixed assets account group is used to account for Lxed assets of the general Lgovernment. The general long-term debt account group is used to account for the principal amounts of all general long-term indebtedness of the City and the applicable long-term portion of Laccumulated unpaid vacation and sick pay benefits. 3. Fixed Assets LGeneral fixed assets are not capitalized in the funds used to acquire or construct them. Instead, capital acquisition and construction are reflected as expenditures in governmental L funds, and the related assets arc reported in the general fixed assets account group. All purchased fixed assets arc valued at cost. L The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. L Public domain (infrastructure) general fixed assets consisting of streets, bridges, curbs and gutters, sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the City. 4. Compensated Absences L City employees arc granted vacation and sick leave in varying amounts based on length of service. Amounts not expected to he liquidated with expendable available financial resources are reported in the general long-term debt account group. LThe City's sick leave policy is to permit employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 10-50%based on length of service. r -10- • • CITY OF AVEN'CURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) 1 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) 4. Compensated Absences(Continued) The City's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. 5. Deposits and Investments • The City maintains a pooled cash account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash equivalents represents the amount owned by each fund of the City. Such amounts are reported separately on the Combined Balance Sheet-All Fund Types and Account Groups. Cash and cash equivalents, which are cash and short-term investments with maturities of three months or less, include cash on hand, demand deposits, and investments with the State Board of Administration Investment Pool. Investments are reported at fair value. 6. Deferred Revenue Revenues collected in advance are deferred and recognized as income in the period earned. Deferred revenue consists of prepaid occupational licenses. 7. Long-Term Obligations • The City reports long-term debt of governmental funds at face value in the general long-term debt account group. Certain other governmental fund obligations not expected to be financed with current available financial resources are also reported in the general long-term debt account group. i S. Encumbrances Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year end, if any, represent the estimated amount of expenditures to result if unperformed purchase orders and other commitments at year end are completed. Appropriations lapse at year end; however, the City generally intends to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year end are reported as reservations of fund balance since they do not constitute expenditures or liabilities of the current period. 9. Reserves and Designations Reservations of fund balanceiretained earnings represent amounts that are not available for appropriation or are legally segregated for a specific future use. The description of each reserve indicates the purpose for which each was intended. • -I I- E CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued I L 1 NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 9. Reserves and Designations(Continued) Designations of fund balance indicates that a portion of fund balance has been segregated based on tentative plans of the City. Such plans or intent are subject to change. Unreserved undesignated fund balance is the portion of fund equity available for any lawful use. 1 10. Property Taxes Property taxes are assessed as of January I each year and are first billed (levied) and due the following November 1. Under Florida law, the assessment of all properties and the collection of all county, municipal, school board and special district property taxes are consolidated in the offices of the County Property Appraiser and County Tax Collector. The laws for the State regulating tax assessments are also designed to assure a consistent property valuation method statewide. State statutes permit municipalities to levy property taxes at a rate of up to 10 mills ($10 per $1,000 of assessed taxable valuation). The millage rate assessed by the City for the year ended September 30, 1998 was 2.227 mills. The tax levy of the City is established by the City Council prior to October 1 of each year, and the County Property Appraiser incorporates the millage into the total tax levy, which includes Miami-Dade County, Dade County School Board and special taxing districts. it All property is reassessed according to its fair market value as of January 1 of each year. Each assessment roll is submitted to the Executive Director of the State Department of Revenue for review to determine if the rolls meet all of the appropriate requirements of State Statutes. All real and tangible personal property taxes are due and payable on November 1 each year or as soon as practicable thereafter as the assessment roll is certified by the County Property Appraiser. Miami-Dade County mails to each property owner on the assessment roll a notice of the taxes due and Miami-Dade County also collects the taxes for the City. Taxes may be paid upon receipt of such notice from Miami-Dade County, with discounts at the rate of four E percent (4%) if paid in the month of November, three percent (3%) if paid in the month of December, two percent (2%) if paid in the month of January and one percent(1%) if paid in the month of February. Taxes paid during the month of March are without discount, and all unpaid taxes on real and tangible personal property become delinquent and liens are placed on April I of the year following the year in which taxes were assessed. Procedures for the collection of delinquent taxes by Miami-Dade County arc provided for in the laws of Florida. There were no material delinquent property taxes at September 30, 1998. C -12- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS 1 (Continued) 1 NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) 11. Budgets and Budgetary Accounting An annual appropriated budget is adopted for all governmental funds with the exception of• , the Federal Forfeiture Fund (Special Revenue Fund). The budget allocations among the various organizational units is included in the Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual. The City follows these procedures in establishing the budgetary data reflected in the general purpose financial statements. • (a) The City Manager submits to the Council a proposed operating and capital budget for the ensuing fiscal year. The budget includes proposed expenditures and the means of • financing them. (b) Public hearings are conducted to obtain taxpayer comments. (c) Prior to October I, the budget is legally enacted through passage of an ordinance. • • (d) Formal budgetary integration is employed as a management control device during the • year for the governmental funds descrihed above. (e) The City Council,by ordinance, may make supplemental appropriations for the year up to the amount of revenues in excess of those estimated. Budgeted amounts are as originally adopted or as amended. The City Council made several supplementary budgetary ' appropriations throughout the year including approximately $3.5 million in the general fund and $413,000 in the special revenue funds. The supplemental appropriations in the general fund and special revenue funds were primarily capital outlay related expenditures for various City beautification projects. Additional appropriations in the general fund consisted of those for the acquisition o. computer equipment, professional services, and • personnel related expenditures. ' (t) Budgets for the governmental funds are adopted on a basis consistent with generally accepted accounting principles(GAAP . ' (g) The City Manager is authorized to transfer part or all of an unencumbered appropriation balance within departments within a fund; however, any revisions that alter the total appropriations of any department or fund must be approved by the City Council. The • classification detail at which expenditures may not legally exceed appropriations is at the • • department level. (h) Unencumbered appropriations lapse at fiscal year end. Unencumbered amounts are reappropriated in the following year's budget. -13- 1 CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) C NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 12. Budget-GAAP Reconciliation The following schedule reconciles the special revenue fund balance in the Combined Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual to the special revenue fund balance in the Combined Statement of Revenues, Expenditures and Changes in Fund Balance: Fund balances (budgetary basis) $1,035,642 Non-budgeted special revenue fund (Federal Forfeiture Fund) .260 Fund balances (GAAP) S1.1 82 17902 13. Ilse of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Although these estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. !� 14. Interfund Receivables and Payables Transactions between funds that are representative of lending/borrowing arrangements ■ outstanding at fiscal year end are reported as"Due from/to other funds". 15. Memorandum Only-Total Columns Total columns on the general purpose financial statements are captioned as "memorandum only" because they do not represent consolidated financial information and are presented only to facilitate financial analysis. 'the columns do not present information that reflects financial pos Lion, results of operations or cash flows accordance with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. NOTE 2. YEAR 2000 ISSUE The year 2000 issue is the result of shortcomings in many electronic data processing systems and other electronic equipment that may adversely affect the City's operations as early as fiscal year 1999. The City of Aventura has completed an inventory of computer systems that may be affected by the year 2000 issue and are necessary to conducting the City's operations. The City recently completed the installation of an integrated data processing and accounting program for all departments. The accounting and budget system and fixed assets system have been both validated and certified as compliant with regard to the year 2000 issue. The vendor of the program is currently in the validation and testing stage of the Payroll, Miscellaneous Receivables, Building Permits and Occupational Licenses systems. The vendor has represented that these systems are expected to be certified as compliant by the summer of 1999. -14- • • • CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) i NOTE 2. YEAR 2000 ISSUE (Continued) The City has no financial commitment with regards to the remediation of currently non-compliant systems beyond the payments of general maintenance and license agreements to the vendor. Because of the unprecedented nature of the year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. Management cannot assure that the City is or will be year 2000 ready, that the City's remediation efforts will be successful in whole or in part, or that parties with whom the City does business will be year 2000 ready. • • NOTE 3. DEPOSITS AND INVESTMENTS In addition to insurance provided by the Federal Depository Insurance Corporation, all deposits• i are held in banking institutions approved by the State Treasurer of the State of Florida to hold public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act, the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer or another banking institution eligible collateral equal to 50% to 125% of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally in the form of U.S. Government and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. Accordingly, all amounts reported as cash and cash equivalents are deemed as insured or collateralized and are, therefore, not subject to classification by credit risk category under the provisions of GASB Statement No. 3. Deposits at September 30, 1998 were$5,975,939. For GASB Statement No. 3 reporting, the City's investments are summarized as follows: i Carrying Amount Investments not subject to categorization: State Board of Administration Investment Pool $3,546,531 NOTE 4. FIXED ASSETS Changes in general fixed assets during the year were as follows: Balance Balance September 30, September 30, • 1997 Additions Deletions 1998 Land $3,299,845 $2,823,785 $ - $ 6.112,630 Equipment 2,121,068 799,035 - 2,920,103 Construction in progress - 2,031,613 - 2,031.613 Total 55,420,913 $5,643,433 $ - $11,064,346 -15- E CITY OF AVENTIIRA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Cont inuedl L NOTE 4. FIXED ASSETS (Continued) ep Depreciation is not required and has not been provided on general fixed assets. ■ NOTE 5. LONG-TERM DEBT Changes in long-term debt during the year were as follows: Balance Balance September 30, September 30, 1997 Additions Reductions 1998 Line of credit $3,200,000 $2,800,000 $ - $6,000,000 Compensated absences payable 76,170 126.263 6.595 195.838 $3.276.170 $2,926,263 $6595 $6,195,838 On December 20, 1996, the City entered into a three year $10 million non-revolving line of credit agreement with a bank, to be used for public parks and recreation, the acquisition of real property, and the building of a police station and government center. The line which calls for semi-annual interest payments at 4.58% with the principal due at the end of the three years is collateralized by pledged utility taxes. As of September 30, 1998, the line of credit had draws outstanding of$6 million. In December 1998, the City drew down an additional $900,000 on the line of credit. The proceeds were used to purchase a second parcel of land to be used for the building of the government center. NOTE 6. COMMITMENTS AND CONTINGENCIES Franchise Fees On June 17, 1998, the City entered into an interlocal agreement with Miami-Dade County L (the County). Under this agreement, 50% of the franchise fees collected from Florida Power & Light Co. by the County on July 1, 1998, would be remitted to the City. Commencing on July 1, 1999 and every July 1st thereafter, the County will remit all fees collected within the City's boundaries. This section of the agreement will be in effect as long as the Ordinance establishing the collection of these fees is in place. In accordance with the agreement, the County remitted approximately $803,000 to the City for the fiscal year ended September 30, 1 1998. ¢rI Iy -16- I CITY OF AVENTURA, FLORIDA • NOTES TO.GENERAL PURPOSE FINANCIAL STATEMENTS ' (Continued) 1 NOTE 6. COMMITMENTS AND CONTINGENCIES (Continued) Stormwater Fees On March 31, 1998, the City entered into a second interlocal agreement with the County. Under this agreement, the County will administer, bill and collect stormwater utility charges • • from residents within the City's boundaries. The County will remit all fees collected, less the County's compensation for billing and collection of said charges. The agreement extends for five years and may be extended at that time by mutual consent of the County and the City. In accordance with the agreement, the County remitted approximately $434,000 to the City for the fiscal year ended September 30, 1998. Employment Agreement Effective April 19, 1996, the City entered into an employment contract with its City Manager that provides for an annual salary, adjusted for cost-of-living increases and certain benefits. • This agreement is effective for an indefinite term subject to termination of the City Manager by the City Council in accordance with Article III, Section 3.08 of the Charter. The City • Manager must provide two months advance written notice of voluntary resignation. Other Agreements In September 1996, the City entered into a non-exclusive agreement with an engineering ' consulting firm (Consultants) to provide building inspections and plan review professional consultant services beginning November I, 1996. Pursuant to the terms of the agreement, the City agreed to pay the Consultants 70% of the gross building fees on a monthly basis. The agreement continues through January 31, 1999 and may be extended upon mutual consent of both parties. • Lease Commitments • • On May 28, 1996, the City entered into a non-cancelable operating lease for office space. • The annual base rent is $212,000 for a term of 42 months. The lease contains an option to extend the term for three successive one year terms. The City is currently negotiating with the lessor to set an expiration date that will coincide with the completion of the City's government center. On November 26, 1996, the City entered into a non-cancelable operating lease for its police headquarters. The annual base rent is $112,000 for a term of 27 months. This lease was extended, commencing March 1, 1999, for an additional 18 months at the same base rent. The lease may be terminated after February 28, 2000 with ninety days notice.• The City is the lessee in several other leases including those for office equipment, police cars, and public safety equipment. These leases have various terms with expiration dates through fiscal year 2001. • • -17- , CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (('ontim.cd) L NOTE 6. COMMITMENTS AND CONTINGENCIES (Continued) The future minimum lease payments under the various agreements are as follows: Fiscal year ending September 30: 2000 $359,000 2001 232,000 2002 12000 $603,000 Lease expense for the fiscal year ended September 30, 1998 was approximately $375,000. NOTE 7. RISK MANAGEMENT The City is exposed to various risks of loss related to torts,theft of, damage to and destruction of assets, errors and omissions and natural disasters for which the City carries commercial insurance. The amount of settlements for the fiscal year 1998 and the period November 7, 1995 through September 30, 1997 did not exceed insurance coverage. In addition, there were no reductions in insurance coverage from coverages in the prior year. NOTE 8. DEFERRED COMPENSATION PLAN The City has elected to comply with Government Accounting Standards Board (GASB) No. 32, "Accounting and Financial Reporting for IRC Sec. 457 Deferred Compensation Plans", earlier that the effective date issued by GASB (periods beginning after December 31, 1998). The GASH states that if a government complies in an earlier period, GASB No. 32 must be applied in the financial reporting period in which compliance occurs. The City has amended the 457 plan document and set up the administration of the plan under a trust agreement. As such, assets are for the exclusive use of the participants or their beneficiaries. Additionally, the plan assets are separate and cannot be attached as a result of ac...ms ta::en by the City. L NOTE 9. DEFINED CONTRIBUTION PENSION PLANS Plan Description p The City of Aventura is a single employer that contributes to three defined contribution [V pension plans based on employee classification created in accordance with Internal Revenue Code Section 401(a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 12-18% depending on the employee classification. FY't City contributions for the City Manager, Department Directors and Assistant Department Directors vest in the year they are contributed. City contributions to general employees vest beginning after three years of service through year seven in 20% increments. Participants are not permitted to make contributions during the year. The City made contributions to the Plans of approximately $438,000 during the fiscal year. Plan provisions and contribution requirements may be amended by the City Council. -18- 1 CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) • 1 NOTE 9. DEFINED CONTRIBUTION PENSION PLANS (Continued) , Plan Description (Continued) • The Plan's assets are administered by ICMA Retirement Corp. The City does not exercise any control over the plan assets. NOTE 10. CONTINGENCIES Litigation Various claims and lawsuits, which arose in the normal course of operations, are pending against the City. It is management's opinion, based on the advice of the City Attorney, that the outcome of these actions will not have a material adverse effect on the accompanying financial statements. Management also believes that any litigation against the City will be covered by insurance. NOTE 11. SUBSEQUENT EVENTS ' In November 1998, the City purchased for cash a tract of land for the development of City parks at a purchase price of$2,400,000.• , In December 1998, the City paid $670,000 representing the final payment for land acquired for the government center. The total purchase price of this land was $3,400,000. • • • i • • 1 1 1 1 1 -19- C C E I L L GOVERNMENTAL FUND TYPES C C C E L I I I L C C C C C GENERAL FUND The general fund is the principal operating fund of the City and is used to account for resources traditionally associated with governments which are not required legally or by sound financial management to be accounted for in another fund. C C C C C C L L Crly OF AVENTIIRA.FLORIDA LGFNFR I RINDSCIILDELL OF REVENUES AND IAPINDI I URES-BUDGE F AND AC113A 1. FISC.-AI YFAIR ENDIU•LPTFNRER 30, 1998 LVariance Favorable E Bud eel Actual (Unfavorable) Revenues Taxes: L Ad valorem taxes Current S 5,860,000 S 5,823,304 S (36,696) Delinquent I0(100 18,365 8,365 Utility taxes: Electric 1,835,000 2,162,563 327,563 Telecommunication735000 755,089 17,089 Water 397,01)0 400,571 3,571 LGas 75,000 68,440 (6,560) Franchise taxes- Electric 500,000 803,204 303,2u4 L Telecommunication Gas ( 000 311p110 73,266 35,509 5,509 Sanitation 155,000 179,992 24,992 L Cable TV 45,1)00 96.083 51,083 Towing 25000 6.465 (18,535) 'total taxes 9T32,000 10,422,851 690,851 L Intergovernmental- Federal grants 7,396 7,396 State grants 40,0(10 40,000 - L Street improvement contract226. 000 000 Cigarette tax 18,000 21,2711 3,270 Alcoholic beverage license 10,000 1.060 (8,940) State revenue sharing 140,000 172,248 32,248 IL Half cent sales tax 855,000 903,714 48,714 County occupational licenses 60,000 18.908 (41,092) Total intergovernmental revenues 1,130,396 1,390.596 260.200 LLicenses and permits: ■■■■ City occupational licenses 451,000 538,781 87,781 Building permits 1,087,000 1,806,123 719,123 L Engineering 2,000 8,853 853 Total licenses and permits 1.540,000 2,373757 833757 Charges for services. L D'evelopment review fees8 000 88,478 60,478 Recreation/cultural events 20,00053 361 33.361 Police services 386.520 364,449 (22,071) L Other 2.000 853 3.853 'total charges for services436,520 512.141 75,621 Fines and forfeitures: Comity court fines 108,000 116,969 EL 8,969 Code violation fines 4.000 9,263 5.263 Total fines and forfeitures 112,000 126,232 14.232 L Miscellaneous: Interest 220,000 464.256 244,256 Miscellaneous 24.000 95,395 71,395 Total miscellaneous 244,000 559,651 315 651 L Total revenues S 13,194,916 S 15,385,228 S 2,190.312 -L)- (continoedl I CITY OF AV ENTURA,FLORIDA (IFNI RAI FUND t SCHEDCI HOF REVENUES AND EXPENDITURES-IILDP3 AND ACIOAL (Continued) FISCAL SLAP ENDED Si-01 EMBER 341908 Variances Favorable Expenditures: Budget Actual ft infavorablc( Current: Cencml governmenr City council: Personnel wrvices S 28,174 $ 28,154 5 20 Operating 47,600 47,320 _ 2811 75774 75,474 300 City manager: Personnel services 328,488 324,119 4,369 Operating 93,350 06.290 (2,040) Capital outlay 9,000 9617 1,383 430.838 428.026 2,812 • Finance support services: Personnel services 418,002 429,239 (11.237) Operating 145,469 129,202 16.267 • Capital outlay 180527 141,840 38,687 743,998 700,281 43,717 Legal Operating 205,000 195.270 9,730 City clerk: Personnel services 88,346 93,256 (4.910) Operating 112,040 106,558 5.482 200386 109,814 572 Tool general government 1,655,996 1.508,865 57,131 Public safety: Police: Personnel services 3,961,975 3,969,392 (7,417) Operating 552,265 550.359 1,906 Capital outlay 558529 427,049 131480 5,072,769 4946,800 125969 Community development Personnel,services 490,275 457,674 32,601 Operating 1,538,500 1,558,495 (19,995) Capital outlay 11,000 6.359 4641 2,039,775 2,022.528 19249 '(ural public safety 9,I 12.544 6.969.328 143,216 Community services: Personnel services 343,952 321.726 22,226 Operating 1,154.950 1.147,080 7,870 Capital outlay 4,986,100 3,334,097 1,652.093 Total community services 6.485 092 4802,903 1,682.189 Non-departmental: ' Operating 516,179 486,720 20,450 Capital outlay 2.115.019 400,868 1,714,151 Total non-departmental 2.631,108 887,597 1,743,601 Total expenditures 17.884 830 14.258693 3,626,137 Excess(deficiency)of revenues over expenditures (4.689,914) 1.126,535 5,816.449 Other financing sources: Operating transfers in 581,500 581,500 Operating transfers out (1,506,000) (1,391,704) 114,296 Appropriated fund balance 5,614,414 - (5,614,414) Total other financing sources 4.689,914 (810,204) (5,500,118) Ixeess of revenues over expenditures and other financing sources S S 316.331 S 316,331 -21- C L C SPECIAL REVENUE FUNDS Special revenue funds are used to account for revenues derived from specific sources that are legally restricted to expenditures for particular purposes. Police Education Fund. This fund is used to account for revenues and expenditures associated with the two dollars ($2.00) the City receives from each paid traffic citation, which, by State Statute, must be used to further the education of the City's police officers. Street Maintenance Fund. This fund is used for revenues and expenditures which by State Statute are designated for street maintenance and construction costs. All expenditures are accounted for in the General Fund by designating specific expenditure accounts in the Community Services Department and the Capital Improvement Program. An operating transfer is made to the General Fund to cover such exp:nditures. Police Capital Outlay Impact Fee Fund. This fund is used to account for impact fees derived from new developments and restricted by Ordinance for police capital improvements. This fund provides a funding source to assist the City in providing police services required by the growth in the City. Park Development Fund. This fund is used to account for revenues and expenditures specifically earmarked for capital improvements to the City's park system. This fund accounts for impact fees derived from new developments and restricted by Ordinance for park capital improvements projects. Federal Forfeiture Fund. This fund is used to account for proceeds obtained from the sale of confiscated and unclaimed property turned over to the City through court judgments. Proceeds arc to be used solely for crime fighting purposes. Law Enforcement Fund. This fund is used to account for resources by police department confiscation and expenditures for law enforcement purposes. L C C r^+ n r-+ rim! r, V r, r, fl r, rs .7 r*n .*, rut rAn rs - -. A CITY OF AVENTURA,FLORIDA SPECIAL REVENUE FUNDS COMBINING BALANCE SHEET SEPTEMBER 30. 1998 Police Capital Outlay Police Street Impact Park Federal Law Education Maintenance Fee Development Forfeiture Enforcement Fund Fund Fund Fund fund fund 1 mal ASSETS Cash and cash equivalents $ 4,199 S 44,687 S 284,653 S 868,359 S 82,260 $ 216,378 S 1,500,536 Due from other governments - 32,395 - - - - 32,395 Total assets $ 4,199 S 77,082 S 284,653 5 868,359 $ 82,260 $ 216.378 S L532.93I I.[ABILITIES AND FUND BALANCES Liabilities: Accounts payable $ - S - S 9,302 S 322,129 S - S 35.149 $ 366,580 Accrued liabilities - - - 35,792 - - 35,792 Due to general fund - 12,657 - - - - 11657 Total liabilities - 12.657 9,302 357,921 - 35.149 415.029 Fund balances: Reserved for encumbrances - - 150 510,438 - 24.586 533174 (Unreserved: Designated for police 4,199 - 275,201 - 82,260 156,643 518,303 Designated for street maintenance - 64,425 - - - 64.425 Designated for park development - - - - - - - Totalfundbalances 4.199 64,425 275,351 510,438 82.260 181.229 1,117.902 Total liabilities end fund balances $ 4,199 S 77,082 5 284,653 $ 868,359 S 82,260 $ 216,378 S 1,532,931 -22- CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES FISCAL YEAR ENDED SEPTEMBER 30, 1998 Police Capital Outlay Police Street Impact Park Federal Law Education Maintenance Fee Development Forfeiture Enforcement Fund Fund Fund Fund fund fund final Revenues: Intergovernmental $ - $ 382.675 $ - $ - $ - $ - $ 382,675 Fines and forfeitures 3,009 - - - 82,260 456,323 541.592 Police impact fees - - 212,727 - - 212,727 Recreation impact fees - - - 561,117 - 561.117 Miscellaneous 112 1,944 10,258 18.061 - 8,631 39,006 Total revenues 3,121 384,619 222,985 579,178 82,260 464,954 1337,117 Expenditures: Operating - - - - - 200,954 200,954 Capital outlay - - 135,111 684.553 - 94-832 914,496 Total expenditures - - 135,111 684.553 - 295,786 1.115.450 Excess (deficiency)of revenues over(under) expenditures 3,121 384,619 87,874 (105.375) 82,260 169,168 621,667 Other financing uses: Operating transfers in - - - 356,000 - - 356,000 Operating transfers out - (341,000) - - - - (341,000) Total other financing sources (uses) - (341,000) - 356.000 - - 15,000 Excess of revenues over expenditures and other financing uses 3,121 43,619 87,874 250.625 82,260 169,168 636.667 Fund balances,beginning 1 078 20,806 187,477 259,813 - 12,061 481.235 Fund balances (deficit), ending $ 4,199 S 64,425 $ 275,351 $ 510A38 $ 82,260 $ 181,229 $ 1,117,902 MI NM MI - a NM - NM MI - - - - - I M r• r ' YR". n r, n rat in re n r-e re ram rw ran rme re rm. n CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES-BUDGET AND ACTUAL(ANNUALLY BUDGETED) FISCAL YEAR ENDED SEPTEMBER 30, 1998 Police Education Fund Street Maintenance Fund Police Capital Outlay Impact Fee Fund Variance Variance Variance Favorable Favorable Favorable Budget Actual fUnfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) Revenues: Intergovernmental S - S - $ - S 338.000 $ 382.675 $ 44.675 S - S - $ _ Fines and forfeitures 1,000 3,009 2,009 - - - - - _ Police impact fees - - - - - - 58,000 212,727 154,727 Recreation impact fees - - - - - - - Miscellaneous - 112 112 3.000 1.944 (1,056) - 10,258 10.258 Total revenues 1.000 3.121 2.121 341.000 384.619 43,619 58.000 222,985 164,985 Expenditures: Operating 1,Oti0 - 1,000 - - - - _ Capital outlay = - - - - - 158.000 135.111 22,889 Total expenditures 1,000 - 1.000 - - - 158,000 135.111 22,889 excess (deficiency)of revenues over (under)expenditures - 3,121 3,121 341.000 384,619 43,619 (100.000) 87.874 187,874 Other financing sources (uses): Operating transfers in - - - - - - - - - Operating transfers out - - - (341,000) (341,000) - - - - Appropriated fund balance - - - - - - 100,000 - (100.000) Total other financing sources(uses) - - - (341,000) (341,000) - 100,000 - (100,000) Excess of revenues over expentitures and other financing sources (uses) - 3,121 3,121 - 43,619 43,619 - 87.874 87,874 Fund balances, beginning - 1,078 1,078 - 20.806 20.806 - 187.477 187.477 Fund balances, ending $ - $ 4,199 $ 4,199 $ - $ 64,425 S 64425 $ - $ 275,351 $ 275,351 -24- (Con tinned) CITY OF AVENTURA,FLORIDA SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES-BUDGET AND ACIUAI.(ANNUALLY BUDGETED) (Continued) FISCAL YEAR ENDED SEPTEMBER 30, 1998 Park Development Fund Law Enforcement Trust Fund Totals Variance Variance Variance Favorable Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) Revenues: Intergovernmental $ - $ - $ - $ - $ - $ - $ 338,000 $ 382,675 $ 44,675 Fines and forfeitures - - - 233,000 456,323 223323 234,000 459.332 225,332 Police impact fees - - - - - - 58,000 212.727 154_,727 Recreation inn,act fees 561,187 561,117 (70) - - - 56L187 561.117 (70) Miscellaneous - 18.061 18.061 - 8.631 _ 8,631 3,000 39.006 36.006 Total revenues 561,187 579.178 17.991 233,000 464.954 231.954 L194,187 1654.857 460,670 Expenditures: Operating - - - 59,718 200354 (141,236) 60,718 200354 (140236) Capital outlay 1,177,000 684.553 492.447 192 882 94,832 98.050 L527-882 914.496 613386 Total expenditures 1.177,000 684.553 492.447 251600 295,786 (43,186) 1.588.600 1.11,450 473.150 Excess of revenues over expenditures (615.813) (105.375) 510,438 (19.600) 169.168 188368 (374.813) 539.407 933,820 Other financing sources(uses): Operating transfers in 356,000 356,000 - - - - 356,000 356,000 - O ratio transfers out - - - - - Pe g - (341,000) (341,000) - Appropriated fund balance 259,813 - (259.813) 19-600 - (19,600) 379,413 - (379413) Total other financing sources(uses) 615,813 356,000 (259,813) 19,600 - (19,600) 394.413 15.000 (379.413) Excess of revenues over expenditures and other financing sources(uses) - 250,625 250,625 - 169,168 169,168 - 554,407 554,407 Fund balances, beginning - 259,813 259.813 - 12.061 12.061 - 481,235 481.235 Fund balances,ending $ - $ 510,438 $ 510,438 $ - $ 181,229 $ 181.229 $ - $ 1,035,642 $ 1,035 642 M Mil = o ® ® _ MI iS _ _ ma Era um i a um a C I C C C C C C GENERAL FIXED ASSETS ACCOUNT GROUP C To account for fixed assets of the general government. C C C C C c I I C L CITY OF AVENTURA, FLORIDA LSCHEDULE OF GENERAL FIXED ASSETS-BY SOURCE SEPTEAffiIR 30, 1998 L L LGeneral fixed assets: Land S 6,112,630 L Equipment 2,920,103 Construction in progress 2,031,613 Total general fixed assets $ 11,064,346 Investment in general fixed assets: it General fund $ 4,186,702 L Special revenue funds R98,423 Capital projects fund 5,979,221 LTotal investment in general fixed assets $ 11,064,346 L L L L L L L L -26- i 1 CITY OF AVENTURA, FLORIDA SCHEDULE OF GENERA[,FIXED ASSETS-BY FUNCTION AND ACTIVITY SEPI EMBER 30, 1998 • 1 Construction Function LandE�cuipment Progress Total General government: Council S - S 14,997 $ - $ 14,997 Manager - 53,470 - 53,470 Finance support services - 438,026 - 438,026 ' Clerk - _ 27707 - 27,707 Total general government - 534200 - 534,200 Public safety: Police - 2.128,735 - 2,128,735 • Community development - 88 863 - 88,863 Total public safety - 2.217,598 - 2,217,598 • Community services - 168,305 1,598,654 1,766,959 Non-departmental 6,112,630 - 432,959 6,545,589 ' Total general fixed assets • allocated to functions $ 6,112,630 $ 2,920,103 S 2,031,613 $ 11,064,346 1 1 1 i -27- C CITY OF AVENTIIRA, FLORIDA CSCHEDULE OF CHANGES IN GENERAL FIXED ASSETS-BY FUNGI ION AND ACTIVITY FISCAL YEAR ENDED SEPTEMBER 30, 1998 C CBalance Balance September 30, September 30, 1997 Additions Deletions 1998 L General government: Council S 14,997 $ $ $ 14,997 Manager 46,134 7,336 - 53,470 C Finance support services 297,261 140,765 - 438,026 Clerk 27,707 27,707 'Final general government 386,099 148.101 - 534,200 CPublic safety: Police 1,492,977 635,758 - 2,128,735 Community development 82,632 6,231 88,863 Total public safety 1575.609 641,989 - 2,217,598 CCommunity services 159360 1,607,599 - 1,766,959 CNon-departmental 3.299,845 3,245,744 - 6,545,589 Total general fixed assets Callocated to functions $ 5,420,913 $ 5,643,433 $ - $ 11,064,346 C C C C C C L. -28- 1 1 1 1 1 1 1 1• 1 THIS PAGE INTENTIONALLY LEFT BLANK 1 1 1 1 1 1 i 1 1 1 L TABLE 1 CITY OF AVENTURA, FLORIDA GENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION (1) DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2) Fiscal General Public Community Non- Capital Debt Year Government Safety rvi Departmental Outlay Service Total 1995/96 $ 332,840 $46,234 $176,794 $107,987 $ 323,387 $-0- $ 987,242 1996/97 1,122,984 4,377,974 1,589,624 465,192 5,301,853 111,955 12,969,582 ■r 1997/98 1,449,408 6,535,920 1,468,806 687,683 8,077,202 237,549 18456,568 6i1 Notes: (1) Includes General, Special Revenue, Debt Service and Capital Project Funds (2) The City was incorporated during fiscal year 1995/96. I I TABLE 2 CITY OF AVENTURA, FLORIDA GENERAL GOVERNMENTAL REVENUES BY SOURCE DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2) Licenses Charges Fines Fiscal Inter- and for & Year Taxes Governmental Permits $twices Forfeitures Interest Q1b r Total 1995/96 $3,767,199 $208,193 $1,904 $ $ $15,263 $2,027 $3,994,586 1996/97 9,376,999 1,379,510 1,368,022 187,558 42,771 315,253 491,529 13,161,642 1997/98 10,671,397 1,390,596 2,756432 512,141 667,824 515,759 869,239 17,383,388 L Notes: (1) Includes General, Special Revenue, Debt Service and Capital Project Funds (2) The City was incorporated during fiscal year 1995/96. C C -29- I I I TABLE 3 CITY OF AVENTURA, FLORIDA ' PROPERTY TAX LEVIES AND COLLECTIONS • DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (3) I • • ($ in 000's) ' Percent of Total Tax Property (1) Property Delinquent Total Collections , • Fiscal Tax Tax Net Tax Current Tax Tax Tax To Net Year Levy Discount Levy Collection Collection (2) Collection Tax Levy I 1996/97 $5,802 $199 $5,603 $5,561 8 $5,569 99.39% 1997/98 6,173 234 5,939 5,823 18 5,841 98.35% t • Source: Miami-Dade County, Florida, Tax Collector Notes: (1) Florida Law allows up to 4% discount for timely payment of property taxes • (2) Includes corrections and penalties (3) The City was incorporated during the 1995/96 fiscal. The first year that the City was authorized to levy ad valorem (property) taxes was the 1996/97 • fiscal year. • I • TABLE 4 t CITY OF AVENTURA, FLORIDA • ASSESED VALUE OF TAXABLE PROPERTY (1) ' DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2) ' • Fiscal Non-Exempt Non-Exempt Total Taxable •• Year Real Properly Personal Property Valuations • 1996/97 $2,509,850,919 $ 96280,080 $2,605,130,999 I 1997/98 2,664,701,818 107,083,192 2,771,786010 I Source: Miami-Dade County, Florida, Tax Collector Notes: (1) Florida Law requires that all property be assessed at current fair market value ' (2) The City was incorporated during the 1995/96 fiscal. The first year that the City • was authorized to levy ad valorem (property)taxes was the 1996/97 fiscal year. I -30- 1 C k L CITY OF AVENTURA, FLORIDA TABLE 5 EPROPERTY TAX RATES - DIRECT AND OVERLAPING GOVERNMENTS (PER $1,000 OF TAXABLE VALUE) EDATE OF INCORPORATION (NOVEMBER 1995) TO DATE (1) L So. FL Fiscal Everglades Water FL Inland Year City School County Protects Management Navigation Total ■ 1996/97 22270 10.3660 10.3270 ' 0.1000 0.5720 0.0380 23.6300 1997/98 2.2270 10.4620 9.9930 0.1000 0.5970 0.0500 23.4290 CSource: Miami-Dade County, Florida, Tax Collector ENote: (1) The City was incorporated during the 1995/96 fiscal. The first year that the City EY was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year. C LTABLE 6 CITY OF AVENTURA, FLORIDA CRATIO OF NET GENERAL BONDED DEBT TO ASSESSED VALUE AND NET BONDED DEBT PER CAPITA Y DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (3) L ($ in 000's) Net (2) Debt -:bt Payable Ratio of Net Bonded Assessed Gross Service from Net Bonded Debt Debt Per Fiscal (1) Taxable Bonded Monies Enterprise Bonded to Assessed Capita Year Population Value Debt Available Revenues Debt Value (whole $) L1996/97 20,383 $2,605,131 $ 3,276 $189 $-0- $3,087 0.12% $ 151.45 1997/98 20,349(4) 2,771,785 6,196 208 -0- 5,988 0.21% 294.27 Notes: (1) Population is as of April 1 of each year, per the University of Florida, ■ Bureau of Economic & Business Research. (2) Includes all General Long-Term Debt L (3) The City was incorporated on November 1995. Accurate estimates of population were not available until April 1, 1997. For the 1995/96 fiscal year the City was not in existence at the time that assessed taxable value was determined. (4) Population estimate under appeal. L -31- • i • TABLE 7 CITY OF AVENTURA, FLORIDA • COMPUTATION OF LEGAL DEBT MARGIN GENERAL OBLIGATION BONDS SEPTEMBER 30, 1998 Assessed Valuation of Taxable Real and Personal Property $2 771 585.010 • Bonded Debt Limit- 10% of above (Note 1) $ 277,158,501 1 Amount of Debt Applicable to Debt Limit: Total Bonded Debt $6,000,000 Less Debt to be Repaid from Utility Tax Revenues: Line of Credit $6 000 000• Total Amount of Debt Applicable to Debt Limit $-0- Legal Debt Margin (Note 1) $ 277 158 501 Note: (1) The City Charter allows revenue bonds to be issued when authorized by the City Commission as long as five of the seven Commissioners members approve the debt. Ad Valorem (general obligation bonds) must be approved by referendum of the electorate. The Charter provides no limit on the amount of general obligation debt; however, the adopted • Capital Improvement Program provides that general obligation bonds shall not exceed 10% of the total assessed value of the City. t TABLE 8 CITY OF AVENTURA, FLORIDA COMPUTATION OF DIRECT AND OVERLAPPING DEBT i SEPTEMBER 30, 1998 ($ in 000's) Percentage Amount Net Debt Applicable Applicable to Jurisdiction Outstanding to Aventura (1) Aventura Miami-Dade Board of County Commissioners $833,391 (2) 3.40% $ 28,335 Miami-Dade County School Board 853,154 (3) 3.40% 29,007 Aventura 6,000,000 100.00% 6 000 ' Total $63.342 Note: (1) Based on ratio of assessed taxable value 1 • (2) Source: Miami-Dade County, Florida, Finance Department (3) Source: School Board of Miami-Dade County, Finance Department • -32- ' L LCITY OF AVENTURA, FLORIDA TABLE 9 �r p.. RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL BONDED DEBT ■ TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES CDATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2) Ratio of Debt Service to Total Fiscal (1)Total General General Year Principal Interest Other Total Debt Service Expenditures Expenditures 1995/96 $-0- $-0- $-0- $-0- $ 987,242 0.0% E1996/97 -0- 111,955 -0- 111,955 12,969,582 0.86% E 1997/98 -0- 237,549 -0- 237,549 18,456,568 1.29% Note: (1) Includes General, Special Revenue, Capital Projects, and Debt Service Funds. (2) The City was incorporated during the 1995/96 fiscal year. L I TABLE 10 CITY OF AVENTURA, FLORIDA LESTIMATED VALUE OF CONSTRUCTION /// DATE OF INCORPORATION (NOVEMBER 1995) TO DATE C ($ in 000's) Estimated Value of Construction L Number of New Number of Fiscal Housing Units New Housing Other than New Permits Issued Year Units Housing Units Total E1996/97 (1) 229 $ 55,756 $209,760 $265,516 1719 1997/98 798 140,775 129,438 270,213 4506 Note: (1) The City began processing building permits for construction within its corporate limits in November 1996. Prior to that date, building permits were processed by Miami-Dade Y County and information is not available for that period. L -33- I TABLE 11 I CITY OF AVENTURA, FLORIDA • PRINCIPAL TAXPAYERS ($ in 0001$) . FISCAL YEAR 1997/98 ' Assessed % of Total ' Owners Name Tvoef B ousiness Value Taxable Value • 1. Aventura Mall Ventures Shopping Center $147,500 5.32% ' • 2. The Bay Club of Aventura Rental Apartment Complex 47,807 1.73% ' 3. Turnberry Country Club Golf Course & Hotel 39,609 1.43% 4. Yacht Club of Aventura Condominium Devloper 32,458 1.17% , 5. PCT Biscayne Boulevard Shopping Center 27,250 0.98% Partnership 6. The Prudential Insurance Shopping Center 26,003 0.94% I 7. D. Soffer& B. Redich TR Commercial Developer 25,707 0.93% I 8. Summit Properties Rental Apartment Complex 24,875 0.90% 9. Miami Beach Health Care Corp. Hospital & Health Care Facilities 22,877 0.83% 10. S J Fornary & C Grossman & Shopping Center 21,885 0.79% John A. Weitz, Trustees TOTAL $415.971 15.01% II Source: Tax Roll of Miami-Dade County, Florida I I I I -34- I E ETABLE 12 CITY OF AVENTURA, FLORIDA EDEMOGRAPHIC AND MISCELLANEOUS STATISTICS SEPTEMBER 30, 1998 E Date of Incorporation November 7, 1995 EForm of Government Council-Manager EArea 3.5 Square Miles Population per State Estimate* 20,349`" EEstimated Ethnic Distribution White (Non-Hispanic) 79.6% African American 0.7% EHispanic 13.7% Other 5.9% Estimated Age Distribution **: Under 35 26.1% 55 - 65 13.3% 36 - 55 26.7% 65 - + 33.9% EEstimated Average Household Size **: One 31.3% Three or more 24.4% ETwo 44.3% Estimates of Residence Types": Condo 67.4% Single Family 9.5% Rental 15.4% Other 7.7% E1996 1997 1998 Full Time Employees 23 96 112 EPublic Facilities Located within Corporate Limits: Public Parks 0 1 1 Open Space Recreation (acres) 0 5.5 5.5 EPublic Libraries (Operated by Miami-Dade County) 1 1 1 Fire Stations (Operated by Miami-Dade ECounty) 1 1 1 Public Tennis Centers 0 0 1 Public Recreation Centers 0 0 0 EPublic Schools 0 0 0 Police Stations 0 1 1 *State of Florida, Bureau of Economic & Business Research E ""Study Titled Aventura Profile, prepared by Milan J. Dlchy, Ph.D, Director, Institute of Government, Florida International University E """Population Estimate under appeal E Li -35- 1 1 1 1 I i 1 1 1 THIS PAGE INTENTIONALLY LEFT BLANK 1 1 1 1 1 1 1 IRCH f {' � CERTIFIED PUBLIC ACCOUNTANTS Sr CONSULTANTS A Partnership including Professional Associations ' Report of Independent Certified Public Accountants on Compliance and Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards I Honorable Mayor,City Council and City Manager City of Aventura,Florida ' We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as of and for the year ended September 30, 1998, and have issued our report thereon dated February 6, 1999 which was qualified because insufficient audit evidence exists to support the City's disclosures with ' respect to the year 2000 issue. Except as discussed in the preceding sentence, we conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. ' Compliance ' As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, non-compliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was ' not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of non-compliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting ' In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our ' consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. -36- Home Page: http://www.rchcpa.com One Southeast Third Avenue,Tenth Floor,Miami,Florida 33131•Dade(305)377-4228•Fax(305)377-8331 700 Southeast Third Avenue,Third Floor,Ft.Lauderdale,Florida 33316•Broward(954)525-1040•Fax(954)525-2004 Member of Summit International Associates,Inc.with Offices in Principal Cities Throughout the World Member of the American Institute of Certified Public Accountants Division for SEC Practice Section and the Private Companies Practice Section Member of the Florida Institute of Certified Public Accountants I ' Honorable Mayor, City Council and City Manager City of Aventura,Florida Page Two However, we noted other matters involving the internal control over financial reporting, which accompanies this report in the schedule of findings. This report is intended for the information of the Mayor, City Council and Management. However, this report is a matter of public record and its distribution is not limited. Z/4..., 10. ZelLGA° 1 Miami,Florida February 6, 1999 1 I -37- 1 1 !Olt/ CERTIFIED PUBLIC ACCOUNTANTS&CONSULTANTS ' A Partnership Including Professional Associations ' Management Letter in Accordance with the Rules of the Auditor General of the State of Florida Honorable Mayor,City Council and City Manager City of Aventura,Florida We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as of and for the year ended September 30, 1998, and have issued our report thereon dated February 6, 1999 which was qualified because insufficient audit evidence exists to support the City's disclosures with respect to the year 2000 issue. Except as discussed in the preceding sentence, we conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits C contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. In connection with our audit of the general purpose financial statements of the City for the year ended September 30, 1998, we report the following in accordance with Chapter 10.550 Rules of the Auditor ' General,Local Governmental Entity Audits which requires that this report specifically address but not be limited to the matters outlined in rule 10.554(1)(e): 1. No inaccuracies, irregularities, shortages, defalcations or violations of laws, rules, regulations and contractual provisions were reported in the preceding annual financial audit. 2. The City, during fiscal year 1998, was not in a state of financial emergency as defined by Florida tStatute, Section 218.503(1). The City had no deficit fund balances. 3. Recommendations made in the preceding financial statement audit have been addressed. 4. Recommendations to improve the City's present financial management are accompanying this report in the schedule of findings. ' 5. During the course of our audit,nothing came to our attention that caused us to believe that the City: ' a. Was in violation of any laws,rules,regulations or contractual provisions. b. Made any illegal or improper expenditures. -38- Home Page: http://wwwrthcpa.com One Southeast Third Avenue,Tenth Floor,Miami,Florida 33131•Dade(305)377-4228•Fax(305)377-8331 700 Southeast Third Avenue,Third Floor,Ft.Lauderdale,Florida 33316•Broward(954)525-1040•Fax(954)525-2004 ' Member of Summit International Associates,Inc.with Offices in Principal Cities Throughout the World Member of the American Institute of Certified Public Accountants Division for SEC Practice Section and the Private Companies Practice Section Member of the Florida Institute of Certified Public Accountants ' RCH Honorable Mayor,City Council and City Manager City of Aventura,Florida Page Two c. Had improper or inadequate accounting procedures. d. Failed to record financial transactions which could have a material effect on the City's financial statements. e. Had other inaccuracies, irregularities, shortages or defalcations. 1 6. The annual financial report for the year ended September 30, 1998 has been filed with the Department of Banking and Finance pursuant to Section 218.32(1)(a), Florida Statutes and is in ' agreement with the audited financial statements of the same period. 7. The City was incorporated pursuant to the constitution of the State of Florida and the Home rule ' Charter of Miami-Dade County. This report is intended for the information of the Mayor, City Council and Management of the City, and ' the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. gaaie,„: 4/4,, . Miami,Florida February 6, 1999 1 1 1 -39- CITY OF AVENTURA, FLORIDA ' SCHEDULE OF FINDINGS 1 CURRENT YEAR'S COMMENTS AND RECOMMENDATIONS ' 1. Year 2000 Issue ' The Year 2000 Issue results from a computer's inability to process year-date data accurately beyond the year 1999. Except in recent years, computer programmers consistently have abbreviated dates by eliminating the first two digits of the year, with the assumption that these two digits would always be 19. ' Unless corrected, this shortcut is expected to create widespread problems when the clock strikes 12:00:01 a.m. on January 1, 2000. On that date, it is possible that some computer programs may recognize the date as January 1, 1900, and process data inaccurately or stop processing altogether. Additionally, it is possible that the use of abbreviated dates may cause failures when systems currently attempt to perform calculations into the year 2000. ' Recommendation We recommend that you take the necessary actions to remediate or replace, and test all systems that may ' be negatively affected by the Year 2000 Issue, particularly mission-critical systems. This project should be monitored closely to ensure completion before mission-critical systems begin to fail. Such failures may be evident before January 1, 2000. If the City were to fail to take timely and appropriate action, it ' may experience costly and significant application-program failures that could prevent it from performing its normal processing activities which could have a material adverse effect upon the City. Management's Response The City has contacted the City's software provider and they have already begun preparing a systems modification for the year 2000. See Note 2 of the general purpose financial statements. ' 2. Deposits Condition The City does not deposit checks on a daily basis. Rather, the City waits until a substantial amount of ' checks are obtained to deposit in the bank. This may cause cutoff problems with cash reporting and certain receivables,as deposits received prior to September 30, 1998,were not deposited until October 6, 1998. Recommendation Daily deposits would be ideal, but if the City's management opts to follow its current practice, an effort ' should be made to deposit checks received prior to year end, on or before September 30, in order to ensure that receipts received against accounts receivable are posted in the correct period. Management's Response Management has acknowledged the possibility of deposits being recorded in the wrong period. As the majority of the checks received by the City are small amounts, management does not feel that it is practical to make daily deposits. Management has expressed that attention will be paid to deposits made near or on year end in order to ensure proper cutoff of cash, accounts receivable and revenue balances. ' -40- CITY OF AVENTURA,FLORIDA ' SCHEDULE OF FINDINGS (Continued) CURRENT YEAR'S COMMENTS AND RECOMMENDATIONS (Continued) 3. Accounts Receivable-Police Off-Duty Services ' Condition During our testing of accounts receivable collections, it was noted that accounts receivable for certain ' off-duty police services was being recorded in both the General Fund and a memorandum fund account kept strictly for recording off-duty services. ' Recommendation We suggest that the City increase its controls over accounting for accounts receivable. The City keeps a memorandum fund for off-duty services which eventually consolidates into the General Fund. The City, when receiving payments for Police off-duty services, should ensure the amounts are posted separately and that receivables and cash are not recorded across funds. ' Management's Response t Management has recognized the possibility of cross-fund recording of receipts for off-duty services and has agreed to increase controls over the recording of these transactions in order to ensure that they are recorded separately. 4. Accounts Payable ' During our testing of accounts payable, the Finance Director notified us that certain payable disbursements made on October 2, 1998 were recorded in fiscal year 1998 when they should have been recorded in fiscal year 1999. As explained to us, period 6 (the accounting system period representing March 1998) was still open and the entries for those disbursements automatically defaulted to that period, which reduced accounts payable and therefore understated accounts payable as of fiscal year end September 30, 1998. tRecommendation ' The finance department must ensure that after all entries are made to a period (month) that the period is closed in the system and no other entries are made to it. At year end, there should be a review of all accounting periods to ensure they are closed. ' Management's Response Management has also expressed concern over the importance of certain procedures within its II I computerized accounting system and will be vigilant over its review of accounting records in order to ensure periods are closed after all entries have been made that are applicable. -41- VAtiltO . ......911. ...... .1A .„,Y.A ,.?>d„, (/j ;v ; . (w ' `rte I ��_ _ ��•= 9 FLO /<J1.1.44v., c.) zt.Y of EX TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM City Commission Robert M. Sherma hr'DT//' -\i~o mmunity Se rvi ce~ March 31, 1999 Interlocal Agreement between the City and Miami-Dade County for providing Public Transportation Services within the City of Aventura April 6, 1999 City Commission Meeting Agenda Item .~ In-:' Recommendation: It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the attached Interlocal Agreement between the City and Miami-Dade County providing for public transportation services in the City of Aventura. BackRround This agreement provides for the following terms and conditions pertaining the Aventura Shuttle Bus, which when approved by Miami-Dade County and The City of Aventura, will result in the County issuing a permanent Passenger Motor Carrier Certificate of Transportation to the City. Currently we are operating under a temporary Certificate. 1. The agreement provides for the transit operator to operate and comply with all applicable county ordinances and state statutes as they apply to public transportation. 2. The City shuttle bus shall comply with all requirements of the ADA, and the County will continue to operate the on-demand STS services within the City at no cost to the City. 3. The City shall provide the shuttle service on the three routes as we are currently doing, for the life of the agreement. 4. No fares can be charged without the approval of the County Manager. If fares are to be charged, the City agrees to accept MDTA passes and transfers at no charge. 5. The Aventura shuttle bus will be shown on the County's transit maps. The County shall also provide information on the Aventura shuttle bus through their regular and customary public information process. 6. The City shall assist in the process of planning a new, permanent transit terminal facility at or near the Aventura Mall by the year 2005. 7. To the extent permitted by law, the City and Miami-Dade County agree to indemnify and hold harmless each other. 8. Beginning with the first year in which the Aventura shuttle bus operating statistics are included in the National and State Transit Data Base resulting in increased or supplemental federal or state funds to the County, The County agrees to pay the City its fair share of those funds. 9. In the event that the County enters into an Interlocal Agreement for transit services with another municipality that is comparable to the services contained in our Interlocal Agreement, and contains more favorable terms for that municipality, the County agrees to amend the Agreement, upon request from the City, to provide substantially equivalent favorable terms to the City. 10.The agreement is a two year agreement, with an option to renew for three additional one year terms. The agreement may be terminated without cause by either party with 120 days notice, and with cause with 30 days notice. Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE CITY OF AVENTURA AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Interlocal Agreement by and between the City and Miami-Dade County for providing public transportation services within the City of Aventura. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Resolution No. Page 2 Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of April, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Interlocat Agreement Between Miami-Dade County and the City of Aventura for the Provision of Public Transportation Services This is an Interlocal Agreement, made and entered into by and between: Miami- Dade County, a political sUbdivision of the state of Florida, hereinafter referred to as "the County," and the City of Aventura, a municipal corporation of the state of Florida, hereinafter referred to as "the City". WITNESSETH: WHEREAS, traffic congestion in the Biscayne Boulevard corridor in northeast Miami-Dade County has been and continues to be a significant concern to the residents of Aventura; and WHEREAS, many of the residents of Aventura do not have easy access to existing transit services due to limited mobility; and WHEREAS, the prevision of regularly scheduled transit circulator service can help decrease the need for specialized transportation services by the County; and WHEREAS, the provision of regularly scheduled transit circulator service will connect with existing MDTA services and help increase the use of services provided by MDTA; and WHEREAS, the City has sponsored and is willing to provide an alternative form of supplemental public transit throughout the city and has budgeted the necessary funds to so provide; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the County and City agree as follows: ARTICLE 1 DEFINITIONS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. "ContractoF' shall mean any entity, public or private, providing public transit services as described in this Agreement under contract to the City. "Shuttle" shall mean fixed route or semi-fixed route public transportation circulator services where at least seventy (70%) percent of the route is within the City and said circulator service is operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of the Code of Miami-Dade County. "The County" shall include Miami-Dade County, the Miami-Dade Transit Agency, the Miami-Dade Consumer Services Department, and authorized representatives thereof. "The City" shall mean the City of Aventura and authorized representatives thereof. "FDOT" shall mean the Florida Department of Transportation and authorized representative thereof. "MDTA" shall mean the Miami-Dade Transit Agency and authorized representatives thereof. "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof. "FTA" shall mean the Federal Transit Administration, its rules and regulations, and representatives thereof. "CSD" shall mean the Consumer Services Department of Miami-Dade County and authorized representatives thereof. "PTRD" shall refer to the Passenger Transportation Regulatory Division of CSD. "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR Section 5335(a), as may be amended from time to time, and found in the National Transit Database Reporting Manual published by the FTA. "Fares" shall mean individual transportation fees paid by public transit passengers in accordance with a schedule of fares adopted by County Ordinance. "STS", Special Transportation Service, is the component of the conventional transit designed to provide comparable transit service to disabled individuals as mandated in the ADA. 2 ARTICLE 2 GENERAL REQUIREMENTS 2.1 2.2 2.3 2.4 2.5 Compliance with Applicable Laws and Regulations. The City and its contractors shall comply with all existing and future laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, whether federal, state, or local, which are applicable to, or in any manner affect, the provision of Aventura Shuttle Services. The City shall be responsible for ensuring compliance of its employees, contractors, agents, or assigns with all applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDTA and CSD. The County Regulatory Requirements. Prior to the commencement of the Shuffle under this Agreement, the City and/or its contractors shall have current and valid certificates of transportation, permits, and chauffeur registrations as required by Chapter 31 of the Code of Miami-Dade County. The City and its contractors shall maintain such certificates, registrations and permits current during the period of this Agreement. Vehicle Licensing. All vehicles utilized to provide Shuttle services shall at all times be propedy licensed and permitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall comply with all safety, mechanical, and vehicular standards mandated by any applicable county, state, and federal requirements including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDTA and CSD. Vehicle Standards. Vehicles shall comply with all of the requirements contained in Chapters 30 and 3I of the Code of Miami-Dade County, pertinent state statutes and other directives as may be prescribed and required by CSD or MDTA. All vehicles utilized to provide transportation services authorized by this Agreement shall at all times display a current and valid county permit and shall comply with safety, mechanical, and vehicular requirements mandated by applicable county, state, or federal requirements, including ADA. Chauffeur Requirements. Vehicle chauffeurs shall at all times have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety, mechanical, and vehicle standards mandated by applicable county, state, and federal requirements and as may be prescribed and required by CSD or MDTA. 2.6 Proof of Compliance Prior to Operation, The City and/or its contractors shall 3 2.7 2.8 2.9 2.10 2.11 provide the County with proof of compliance with licensure, insurance, and any other requirements mandated by the Code of Miami-Dade County, state statute, or federal law prior to commencement of the Shuttle. Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a contract for the purchase of transportation services provided by the City primarily for those that live and work in the City of Aventura. City employees, agents, and contractors providing Shuffle services shall be considered to be, at all times, solely employees, agents, and contractors of the City under its sole direction and not employees, agents, or contractors of the County. Compliance with ADA. The City's Shuffle shall comply with all applicable requirements of the ADA. The City and the County recognize their joint obligation to provide STS in the area served by the Aventura Shuffle as defined in the ADA. In fulfillment of the City's obligation, the City hereby contracts with the County to provide STS service for trips which have both their origin and destinations within the Aventura Shuffle service area, as the County shall continue to provide such trips as part of its STS service at no cost to the City. To the extent that any terms in this Agreement are in conflict with the ADA, the requirements of the ADA shall control. Compliance with Procurement Requirements. The City agrees to comply with applicable federal and state procurement requirements, as may be amended from time to time, when entering into contracts with third parties to fulfill the obligations under this Agreement. County's Right to Submit Proposals and Bids. The County shall be given the opportunity to bid upon any Requests for Proposals, Requests for Qualifications, or Requests for Bids which the City shall issue regarding the provision of Shuttle service, and shall be considered, along with private contractors, for provision of services to be provided by the City pursuant to this Agreement. Drug-free Workplace and Testing. In accordance with the Code of Miami-Dade County, the City shall certify that it will have a drug-free workplace program. Further, the City shall require pre-employment drug testing and other periodic drug testing for all persons holding safety-sensitive positions, as defined by USDOT, related to transit operations. Effective upon execution of the Agreement, the City shall require that its employees and contractor, if applicable, comply with att applicable requirements of the USDOT regulations for drug and alcohol testing. To the extent that any terms in this Agreement are inconsistent with the USDOT regulation, the requirements of the USDOT shall control. 2.12 City Representative. The City shall designate individual(s) to act as liaison to the 4 County and notify the County thereof. The City shall promptly notify the County of any changes. 2.13 County Representative. The County shall designate individual(s) to act as liaison to the City and notify the City thereof. The County shall promptly notify the City of any changes. 2.14 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this Agreement must be in wdting and shall require the signatures of the County Manager and the City Manager, or their designees, subject to authorization by their respective Boards. Notwithstanding the foregoing, this Agreement may be amended as provided in paragraphs 3.1 and 3.2. ARTICLE 3 AVENTURA SHUTTLE SERVICES 3.1 Provision of Aventura Shuttle Services. The City shall provide Aventura Shuttle public transportation services on three (3) routes within the City of Aventura as contained in Exhibit "A" and schedules contained in Exhibit "B", copies of which are attached hereto and made a part thereof. Any changes to Exhibits "A" or "B" shall be consistent with Chapter 31 of the Code of Miami-Dade County and be effective only upon the approval of the County, as provided in Section 2-150(c) of the Code of Miami-Dade County. 3.2 Fares. It is understood that the City's Shuttle will be initially operated without charging a passenger fare for boarding or alighting from the Shuttle vehicles. Notwithstanding the foregoing, the City may, upon approval of the County Manager, charge passenger fares for the use of the Shuttle, in accordance with public transit fares established by the County, as may be modified from time to time pursuant to Section 2-150 of the Code of Miami-Dade County. The City may charge a fare other than a fare established by the County upon approval of the County as provided in Section 2-150 (c) of the Code of Miami-Dade County. If the City charges a fare for the use of the Shuttle, the City shall accept MDTA passes, transfers or identification entitling a passenger to rider a Metrobus without paying any additional fare. 3.3 Connection and Coordination with County Bus Routes. The Shuttle shall connect, at a minimum, with regular County Metrobus routes at the Aventura Mall. Shuttle 5 operating schedules shall be coordinated with existing County Metrobus service to the extent possible. 3.4 Operation of Routes in Their Entirety. The City shall be responsible for ensuring that Shuttle routes are operated in their entirety with no deviation from the approved routes 3.5 Shuttle Shown on County Bus Schedules. The County shall include the Shuttle on the County's Transit Map. Such inclusion shall commence with the regular publication of the County's Transit Map next occurring after commencement of the Shuttle operations. The County shall also provide information on the City's Shuttle through MDTA's routine and customary public information dissemination processes, including its transit information telephone service. 3.6 Issuance of Shuttle Schedules. The County shall make available to its Metrobus, Metrorail, and Metromover passengers maps and schedules provided by the City to MDTA. 3.7 Planning and Scheduling of Shuffle Routes. The County, through the MDTA Director or his designee, may assist the City staff with technical support for planning and scheduling of Shuttle services. 3.8 Non-Interference and Non-Disturbance. The County and the City hereby mutually agree not to interfere with or unreasonably impede the free flow of pedestrian movement or of each other's public transit vehicular traffic or passengers accessing or egressing Metrobus or Shuttle in-service vehicles. 3.9 Use of Logo. The City shall create a logo uniquely identifying its Shuttle. Such logo shall at all times be displayed on the exterior of all vehicles operating pursuant to the Agreement. The County shall allow the display of the Shuttle logo on the County's bus stop signs at all stops common to the City and the County bus routes. 3.10 Bus Stop Signs and Signposts. The City may provide, install, and maintain bus stop signs and signposts at Shuffle stops along the City's Shuffle routes. In the event that the City, its contractor, licensee, permittee, or assignee installs Shuttle sign facilities that can accommodate Metrobus bus stop information, the County may elect to utilize the City's sign facility to display Metrobus bus stop information. If such election is made, MDTA shall provide to the City the materials to be displayed on the bus stop sign facility, in the size and format to be specified by the City, and the City will remove the County's signs and return the signs to the County. The City shall be responsible for installing the Metrobus bus stop information in/on the bus stop sign facility. 6 3.11 Terminal Operation/Facility. The City shall use its best efforts to improve the operation of the Aventura Mall terminal and transfer point by coordinating with the Mall management and all transit operators at the Mall. The City shall work with the Mail and the transit.operators at the Mall, prior to the initiation of Shuttle services, to provide for pick-up and drop off points that are convenient to passengers (e.g., easy identification of which bus to board) with easy access between the buses and the Mall, to provide for a reduction or elimination of conflicts between buses, cars, and pedestrians; to provide for a convenient drop off point for passengers on buses terminating their runs at the Mall; and to provide for a location for buses and bus operators to take their scheduled breaks (recovery). It is agreed that the City shall assist in the process of planning of a new, permanent transit terminal facility to accommodate transit operations at or near the Mall by the year 2005. ARTICLE 4 RECORDS AND REPORTS 4.1 4.2 Reportin.q Requirements. The City shall collect or assure the collection of all information required for Federal and State reporting purposes, and shall provide collected and compiled information to the County no less often than quarterly. The City shall annually prepare and submit audited National Transit Data Base reports as required by the USDOT and submit to the County a copy of said reports no later than ninety (90) days after the close of the County's fiscal year. Additional Information. The City shall provide additional information about the Shuttle operations as requested by the County within thirty (30) days, unless a different time period is agreed upon by the City and the County. ARTICLE 5 INSURANCE The parties hereto acknowledge that the City is a self-insured governmental entity subject to the limitations of Section 768.28, F.S. The City shall institute and maintain a fiscally 7 sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provision of Section 768.28, F.S. The City shall collect and keep on file documentation of insurance of any and all private providers operating the Aventura Shuttle routes. In the event that the City contracts with a private vendor for services, the City shall require contractor to meet the insurance requirements found in Exhibit "C'i as a minimum. The City shall further require the private operator to include the County as a named insured and shall provide the County with a copy of the insurance policy purchased by any contractor prior to the provision of Shuttle operations. ARTICLE 6 INDEMNIFICATION 6.1 6.2 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the negligence of the City and/or its officers, employees, agents or instrumentalities, during the term of this Agreement. The City shall pay all claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the City shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance or failure of performance of the County, its officers, employees, agents or instrumentalities or any other related third party. This paragraph is subject to the limitations of Section 768.28, F.S. The County shall, to the extent permitted by law at all times hereafter, indemnify and hold harmless the City, and its officers, agents, employees and instrumentalities from any and all liability, claims, losses, and causes of action, including attorneys' fees and costs of defense which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes, of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the negligence of the County and/or its officers, employees, agents or instrumentalities, during the term of this agreement. The County shall pay all 8 claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The County expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the County shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the City from any liability or claim arising out of the negligent performance or failure of performance of the City, its officers, employees, agents or instrumentalities or any other related third party. This paragraph is subject to the limitations of Section 768.28, F.S. 6.3 In the event the City contracts for transportation services authorized by this Agreement, the contractor shall, in its contract with the City, be required to indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the provision of transportation services by the contractor and/or its officers, employees, agents or independent contractors. The contractor shall be required to pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City shall require that the contract between and City and the contractor include a provision which states that the contractor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance of the County, its officers, employees, agents or instrumentalities or any other related third party. ARTICLE 7 FINANCIAL ASSISTANCE 9 7.1 Grant Matching Funds. In the event the City obtains a grant that requires matching funds, the City shall provide grant-matching funds for state and/or federal grants for capital or operating funds to be used for the Shuttle. The County, upon agreement with the City, may, but shall not be required to, provide all or part of cash or other types of matches required for state and federal grants which may be received by the City for the Shuttle, or for expansion of the Shuttle, in 2000 and future years. 7.2 Bus Shelters and Benches. The City shall provide, install, and maintain bus shelters, benches and other bus stop furnishing at Shuttle stops along the city's circulator routes. 7.3 Bus Stops and Bus Bays or Pull-outs. The City shall provide, install, and maintain bus stop sites, including bus bays or pull-outs at Shuttle stops along the City's circulator routes, provided that any proposed bus bays or pull-outs and any proposed modifications or reconfigurations to existing bus bays or pull-outs shall be first reviewed and approved by the County. 7.4 City's Share of Supplemental Federal Funding. Beginning with the first year in which the Shuttle's operating statistics are reflected in the National Transit Data Base where those operating statistics result in new or supplemental federal funds flowing to the County, and where those new or supplemental funds are solely attributable to the Shuttle's properly reported operations, the County agrees to pay the City its attributable share of federal formula funds received from USDOT no less than sixty (60) days after funding is received from the federal government, less any direct grants received by the City from the County for the Shuttle, provided that the funds remitted to the City herein shall be used for the expansion, enhancement or maintenance of the Shuttle program. As used herein, the City's attributable share shall be an amount equivalent to those Supplemental Urbanized Area Formula Funds, as described in 49 U.S.C. section 5307, as may be amended from time to time, that the County received as a direct result of Shuttle operations provided by the City pursuant to this Agreement and as included in the National Transit Data Base. Said attributable share shall be calculated utilizing the following formula: 7.5.1 Multiply the City's properly reported annualized Bus Revenue Vehicle Miles statistic that was used in the apportioned federal program for a fiscal year by the "Unit Value for Bus Vehicle Miles for Urbanized Areas over 1,000,000" as reported in the table of UnitValues for Formula Grant Apportionments, published annually in the Federal Register. NOTE: Historically, apportioned funds are allocated to the County two (2) years after Bus Revenue Vehicle Miles are reported to federal government. 10 7.5 City's Share of Supplemental State Funding., in the event that the Shuttle operations contribute to an increase in the County's State transportation funding, beginning with the first year in which service is reflected in State's reporting system, the County agrees to pay the City its attributable share, as defined in paragraph 7.4 above, of new or supplemental State Transportation Block Grant funding received by the County from FDOT no less than sixty (60) days after funding is received from the State less any direct grants received by the City from the County for the Shuttle. The State funding formula can be found at Section 341.052(6), F.S. 7.6 Comparable A.qreements: In the event that County enters into an Interlocal Agreement with any other municipality for transit services which are comparable to the services provided herein, but upon more favorable terms for the municipality than the terms provided for herein, County agrees to amend this Agreement, if requested by City, to provide substantially equivalent favorable terms to City as those provided in such other County/Municipal Interlocal Agreement. ARTICLE 8 TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS 8.1 Term of A,qreement. This Agreement shall commence upon approval of the Board of County Commissioners and the City Commission of the City of Aventura and the execution by the County Manager and authorized City representative and shall remain in force for two years thereafter. This Agreement is subject to three one year options to renew, by agreement between the County Manager and the City Manager. 8.2 Rene.qotiation or Modification. Any substantive changes in the level of service to be provided by the City as set forth herein shall only be implemented after the County and the City have entered into a written agreerr~nt describing the changed services and the provisions of the County Code have been exercised. 8.3 Title VI and VII Civil Rights Act of 1964. The City and its Contractors shall not discriminate against any person because of race, color, sex, religious background, ancestry or national origin in the performance of the Agreement. 8.4 Termination for Cause. This agreement may be terminated for cause by either party upon no less than thirty (30) days written notice to the other party, except 11 8.5 8.6 when Shuttle operations are in violation of health and/or safety-related provisions of state statutes or the Code of Miami-Dade County, in which case termination shall be as determined by the County Manager. Said notice shall be delivered by verified facsimile transmission or certified mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for termination within the notice period, in which case the terminating party may cancel the termination notice using the same means by which the notice of termination delivered. Termination without Cause. The County or the City may terminate this Agreement without cause upon no less than one hundred twenty (120) days written notice to the other party. If the County or the City terminates this Agreement with or without cause, the City agrees to reimburse the County on a prorated basis for financial assistance it has received for the year. Notices. All notices and other communications required to be remitted pursuant to this Agreement to either party hereto shall be in writing and shall be delivered by verified facsimile transmission or certified mail, return receipt requested, to the parties at the address indicated below: FOR MIAMI-DADE COUNTY: Miami-Dade Transit Agency 111 NW 1st Street Suite 910 Miami, FI 33128 Attention: Director, Miami-Dade Transit Agency Fax: (305) 375-4605 8.7 FOR CITY OF AVENTURA: City of Aventura Office of the City Manager 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 Attention: Eric M Soroka, City Manager Name of Payee. The name of the official payee to whom the County shall issue checks shall be the City of Aventura. 12 8.8 Complete and Bindin.q Agreement. This writing embodies the full and complete agreement of the parties. No other terms, conditions or modifications shall be binding upon the parties unless in writing and signed by the parties. 8.9 Execution. This document shall be executed in four (4) counterparts, each of which shall be deemed an original. 8.10 Governinq Law. This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: ATTEST: FOR THE COUNTY: Miami-Dade County, A political subdivision of the State of Florida Harvey Ruvin, Clerk By its Board of County Commissioners By: Deputy Clerk By: County Manager Date Executed: Approved as to Form and Legal Sufficiency By: Assistant County Attorney 13 FOR THE CITY OF AVENTURA: City of Aventura, a political subdivision of the State of Florida. ATTEST: By: Eric M. Soroka, City Manager Date Executed: Teresa M. Smith, C.M.C. City Clerk APPROVED AS TO LEGAL FORM: City Attorney 14 Blue Route Aventura Mall Publix 8:45 AM 8:47 AM 9:45 AM 9:47 AM 10:45 AM 10:47 AM 11:45 AM 11:47AM 1:45 PM 1:47 PM 2:45 PM 2:47 PM 3:45 PM 4:45 PM Promenade Aventura One Island Waterway Mount Aventura Shops Hospital Place Shoppes Coronado Sinai Mall 8:50 AM 8:53 AM 8:57 AM 8:59 AM 9:04 AM 9:09 AM 9:13 AM 9:50 AM 9:53 AM 9:57 AM 9:59 AM 10:04 AM 10:09 AM 10:13 AM 10:50 AM 10:53 AM 10:57 AM 10:59 AM 11:04 AM 11:09 AM 11:13AM 11:50 AM 11:53 AM 11:57 AM 11:59 AM 12:04 PM 12:D9 PM 12:13 PM 1:50 PM 1:53 PM 1:57 PM 1:59 PM 2:04 PM 2:09 PM 2:13 PM 2:50 PM 2:53 PM 2:57 PM 2:59 PM 3:04 PM 3:09 PM 3:13 PM 3:47 PM 3:50 PM 3:57 PM . 3:57 PM 3:59 PM 4:04 PM 4:09 PM 4:13 PM 4:47 PM 4:50 PM 4:53 PM 4:57 PM 4:59 PM 5:04 PM 5:09 PM 5:13 PM Aventura Promenade Aventura Marl Publix Shops Commons 9:15AM 9:17AM 9:20 AM 9:23 AM 10:15 AM 10:17 AM 10:20 AM 10:23 AM 11:15 AM 11:I7 AM 11:20 AM 11:23 AM 12:15 PM 12:17 PM 12:20 PM 12:23 PM 1:15 PM 1:17PM 1:20 PM 1:23 PM 2:15 PM 2:17 PM 2:20 PM 2:23 PM 3:15 PM 3:17 PM 3:20 PM 3:23 PM 34th Avenue Harbor The Pointe The Pointe Aventura Biscayne Aventura & Mariner Way Village Portsview Lifestyle CenterNodh Tower Jewish Center Lake Gardens Mall 9:28 AM 9:29 AM 9:30 AM 9:31 AM 9:32 AM 9:36 AM 9:37 AM 9:40 AM 10:28 AM 10:29 AM 10:30 AM 10:31AM 10:32 AM 10:36 AM 10:37 AM 10:40 AM 11:28 AM 11:29 AM 11:30 AM 11:31AM 11:32 AM 11:36 AM 11:37 AM 11:40 AM 12:28 PM 12:29 PM 12:30 PM 12:31 PM 12:32 PM 12:36 PM 12:37 PM 12:40 PM 1:28 PM 1:29 PM 1:30 PM 1:31PM 1:32 PM 1:36 PM 1:37 PM 1:40 PM 2:28 PM 2:2c., PM 2:30 PM 2:31 PM 2:32 PM 2:36 PM 2:37 PM 2:40 PM 3:28 PM 3:29 PM 3:30 PM 3:31 PM 3:32 PM 3:36 PM 3:37 PM 3:40 PM 4:15 PM 4:17 PM 4:20 PM 4:23 PM 4:28 PM 4:29 PM 4:30 PM 4:31 PM 4:32 PM 4:36 PM 4:37 PM 4:40 PM Aventura Founders Southview/ Mystic Point Mall Publix Park Bay Club Mystic P0int 600400 8:45 AM 8:47 AM 8:51 AM 8:53 AM 8:55 AM 9:00 AM 10:15AM 10:17AM 10:21AM 10:23AM 10:25AM 10:30AM 11:45AM 11:47AM 11:51AM 11:53AM 11:55AM 12:00PM 1:45 PM 1:47 PM 1:51PM 1:53 PM 1:55 PM 2:00 PM 3:15 PM 3:17 PM 3:21PM 3:23 PM 3:25 PM 3:30 PM 4:45 PM 4:47 PM 4:51 PM 4:53 PM 4:55 PM 5:00 PM 5:02 PM Green Route Mystic PointMystic Paint Mystic Point Mystic Point Terraces of Waterway Mount Aventura 500 300 200 100 Turnberr~ Hamptons Shoppes Sinai Mall 9:02AM 9:04AM 9:05AM 9:06AM 9:10AM 9:13AM 9:17AM 9:23AM 9:26AM 10:32AM 10:34AM 10:35AM 10:36AM 10:40AM 10:43AM 10:47AM 10:53AM 10:56AM 12:02 PM 12:04 PM 12:05 PM 12:06 PM 12:10 PM 12:13 PM 12:17 PM 12:23 PM12:26 Pi 2:02 PM 2:04 PM 2:05 PM 2:06 PM 2:10 PM 2:13 PM 2:17 PM 2:23 PM 2:26 P'V 3:32 PM 3:34 PM 3:35 PM 3:36 PM 3:40 PM 3:43 PM 3:47 PM 3:53 PM 3:56 5:04 PM 5:05 PM 5:06 PM 5:10 PM 5:13 PM 5:17 PM 5:23 PM 5:26 Aventura Founders Villa Dorado/ Mount Aventura Mall Publix Park Flamenco Eldorado Ensenada Del Vista Bonavista Bravura Biscaya Bonavida Sinai Mall 9:30 AM 9:32 AM 9:36 AM 9:41 AM 9:43 AM 9:45 AM 9:48 AM 9:51 AM 9:53 AM 9:56 AM 9:59 AM 10:02 AM 10:07 AM 11:00AM 11:02AM 11:06AM 11:11AM 11:13AM 11:15AM 11:18AM 11:21AM 11:23AM 11:26AM 11:29AM 11:32AM 11:37AM 1:00 PM 1:02 PM 1:06 PM 1:11PM 1:13 PM 1:15 PM 1:18 PM 1:21 PM 1:23 PM 'h26 PM 1:29 PM 1:32 PM 1:37 PM 2:30 PM 2:32 PM 2:36 PM 2:41 PM 2:43 PM 2:45 PM 2:48 PM 2:51 PM 2:53 PM 2:56 PM 2:59 PM 3:02 PM 3:07 PM ,,,?0 PM 4:02 PM 4:06 PM 4:11 PM 4:13 PM 4:15 PM 4:18 P~,.~ 4:21 PM 4:23 PM 4:26 PM 4:29 PM 4:32 PM 4:37 PM Aventura Founders Mall Park 8:45 AM 8:48 AM 8:51 AM 10:15AM 10:18AM 10:21 AM 11:45 AM 11:48 AM 11:51AM 'h45 PM 1:48 PM 1:51 PM 3:15 PM 3:18 PM 3:21 PM 4:45 PM 4:48 PM 4:51 PM Yellow Route Aventura Loehmann's Point Esst Point East Point East Point East Point East City Government Fashion Island Building S Building B Clubhouse Building K Building H 8:54 AM 9:02 AM 9:04 AM 9:06 AM 9:09 AM 9:11 AM 10:24AM 10:32AM 10:34AM 10:36AM 10:39AM 10:41AM 11:54AM 12:02PM 12:04PM 12:06PM 12:09PM 12:11PM 1:84 PM 2:02 PM 2:04 PM 2:06 PM 2:09 PM 2:11 PM 2:15 PM 2:21 PM 2:26 PM 3:24 PM 3:32 PM 3:34 PM 3:36 PM 3:39 PM 3:41 PM 3:45 PM 3:51 PM 3:56 PM 4:54 PM 5:02 PM 5:04 PM 5:06 PM 5:09 PM 5:11 PM 5:15 PM 5:21 PM 5:26 PM Loehmann's Aventura Del Prado Fashion Island Mall 9:15 AM 9:21 AM 9:26 AM I0:45 AM 10:5~ AM 10:56 AM 12:15 PM 12:21 PM 12:26 PM Aventura Founders Aventura Loehmann's Admiral's Commodore Bicayne Williams Loehmann's Aventura Mall Park City Government Fashion Island Port Plaza Cove Island Fashion Island Mall 9:30 AM 9:33 AM 9:36 AM 9:39 AM 9:43 AM 9:48 AM 9:53 AM 9:55 AM 10:00 AM 10:05 AM 11:00AM 11:03AM 11:06AM 11:09AM iiii3AM 11:18AM 11:23AM 11:25AM 11:30AM 11:35AM 1:00 PM 1:03 PM 1:06 PM 1:09 PM 1:13 PM 1:18 PM 1:23 PM 1:25 PM 1:30 PM 1:35 PM 2:30 PM 2:33 PM 2:36 PM 2:39 PM 2:43 PM 2:48 PM 2:53 PM 2:55 PM 3:00 PM 3:05 PM 4:00 PM 4:03 PM 4:06 PM 4:09 PM 4:13 PM 4:18 PM 4:23 PM 4:25 PM 4:30 PM 4:35 PM CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Ordinance Amending Lobbying Activities Requirements Definition Ist Reading March 2, 1999 City Commission Meeting Agenda Item ~7-~ 2nd Reading April 6, 1999 City Commission Meeting Agenda Item IO-,Z}¢- RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance, which amends the lobbying activities requirements to clarify the definition of a Lobbyist. BACKGROUND As per the City Commission's review and direction at the February Workshop Meeting, the subject definition has been amended as follows: (2) Lobbyist does not mean: b. Any p Person or its full-time employee, officer or owner who appears before the City Commission, a City Board or committee, or the City Manager or staff in an individual capacity for the purpose of self-representation or for the representation of others without compensation or reimbursement to express support of or in opposition to any ordinance, resolution ...... If you have any questions, please feel free to contact me. EMS/aca Attachment CC0722-99 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION, ARTICLE VI, LOBBYING ACTIVITIES, BY AMENDING IN SECTION 2-371(2) THE DEFINITION OF LOBBYIST; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~ Section 1. Chapter 2, Administration, Article VI, Lobbying Activities, Section 2- 371, Definitions, of the City Code of the City of Aventura is hereby amended to read as follows: Sec. 2-371. Definitions. Lobbyist. (2) Lobbyist does not mean: b. Any pPerson, or its full-time employee, officer or owner, who appears before the City Commission, a City Board or committee, or the City Manager or staff in an individual capacity for the purpose of self-representation or for the representation of others without compensation or reimbursement to express support of or in opposition to any ordinance, resolution, decision or action of the City Commission, or any resolution, action, recommendation or decision of any City Board, agency or committee, or any action, decision or recommendation of the City Manager. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance Underlined text has been added; st.-'.'c~ thrcugh text has been deleted from existing language. Ordinance No. 99- Page 2 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re-numbered or re- lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Perlow, who moved its adoption on first reading. This motion was seconded by Commissioner Rogers-Libert and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia-Rogers Libert yes Vice Mayor Harry Holzberg yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Commissioner who moved its adoption on Commissioner second reading. This motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin 2 Ordinance No. 99- Page 3 Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia-Rogers Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 2nd day of March, 1999. PASSED AND ADOPTED on second reading this 6th day of April, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms 3 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission,,'" ,/' ~ ~;~2~i:i 9E9s~a blis h~ e HandbillRegulations Ist Reading March 2, 1999 City Commission Meeting Agenda Item 2"d Reading April 6, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance that establishes vehicle handbill regulations. The City Attorney has revised the Ordinance in accordance with the items discussed at the Workshop Meeting. BACKGROUND As requested by the City Commission, attached please find an Ordinance which regulates the placement of vehicle handbills as follows: Prohibits the placement of handbills on any vehicle while parked upon any street or highway. Prohibits the placement of handbills on any vehicle parked in an off-street parking area, provided that signs are posted or notice issued that such activity is prohibited. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0735-99 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING VEHICLE HANDBILL ORDINANCE PROHIBITING THE DEPOSIT OR PLACEMENT OF COMMERCIAL ADVERTISING MATERIAL UPON VEHICLES PARKED ON STREETS OR PARKED UPON CERTAIN OFF-STREET PARKING AREAS; PROVIDING FOR PURPOSE AND LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING PROHIBITION OF VEHICLE HANDBILLS; PROVIDING SlGNAGE REQUIREMENTS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Ordinance Adopted. There is hereby adopted the City of Aventura Vehicle Handbill Ordinance, hereinafter referred to as the "Ordinance," to read as Section 1.01. Purpose and Legislative Findings. (a) The City Commission finds that the placement of Handbills upon Vehicles situated upon Public Streets or Highways and upon Vehicles situated upon Off-Street Parking Areas provided for the use of patrons, employees or visitors of private commercial establishments, including business or shopping centers, constitutes a nuisance and annoyance to the owners and operators of such Vehicles, to the owners and occupants of such private premises and to the public, for the reasons described herein. (b) The City Commission finds that the placement of Handbills upon Vehicles, without the consent of the owner, lessee or operator of such Vehicle, upon or in the vicinity of the windshield of such Vehicle, creates a potential traffic safety hazard, for the reason that Vehicle operators may not notice such Handbill until after entering such Vehicle and resuming operation thereof, and that therefore, such Handbill may remain upon and obstruct the view of Vehicle operators or may cause operators to abruptly dangerously exit their Vehicle to remove such obstruction. Ordinance No. 99-__ Page 2 (c) The City Commission finds that Handbill materials placed upon or in the vicinity of Vehicle windshields impair the functioning of windshield wipers by the formation of residue or debris from paper or other like material of Handbills which interferes with safe and efficient operation of such windshield wipers. (d) The City Commission finds that the placement of Handbills anywhere upon the exterior of an unoccupied Vehicle without the consent of the owner, lessee or operator thereof, creates an unnecessary risk that litter will be created by the disposal of unwanted and unrequested Handbills. (e) The City Commission finds that: (i) this ordinance seeks to implement a substantial governmental interest, including the City's interest in traffic safety and aesthetics, as described above, (ii) directly advances that substantial governmental interest of the City, and (iii) reaches no further than necessary to accomplish the City's governmental objective as stated herein. Section 2.01. Definitions. The following words, terms and phrases, when used in this section shall have the meaning ascribed to them herein, except where the context clearly indicates a different meaning: (a) The term "Street or Highway," as used herein means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic, and also includes private roads which are subject to a traffic control jurisdiction agreement pursuant to Section 316.006(2)(b), Fla. Stat. (b) "Off-Street Parking Area" as used herein means the entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons and includes parking lots provided by commercial establishments, institutions or governmental units for the use of employees, visitors and/or patrons. (c) The term "Park or Parked," as used herein in reference to a Vehicle, means the standing of a Vehicle, when not occupied by any person. Ordinance No. 99-__ Page 3 (d) The term "Vehicle," as used herein means every device, in, upon, or by which any person or property is or may be transported or drawn upon a Street or Highway. (e) The term "Handbill," as used herein includes any leaflet, circular, flyer, placard or other device or item containing Commercial Advertising Material. (f) The term "Commercial Advertising Material," as used herein means and includes material distributed for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public or the occupant of a Vehicle to or advertising for, or soliciting patronage of customers to or for any performance, show, entertainment, exhibition, sale, service, or event, or for the purpose of demonstrating any equipment or for the purpose of conducting a business, or for any other purpose other than a Non-Commercial Purpose as defined in Section 2.01(,q) below. (g) The term "Non-Commercial Purpose," as used herein shall mean the distribution of material for a purpose which is exclusively ether inr, lude a political or religious purpose. Section 2.02. Applicability. The prohibitions of this ordinance shall not be applicable to Handbills distributed in accordance with law for solely a Non-Commercial Purpose, as defined in Section 2.01 (.Cl) above. Section 2.03. Prohibition of Vehicle Handbills. (a) No person shall deposit or place or cause the deposit or placement of any Handbill anywhere upon the exterior of any unoccupied Vehicle while such Vehicle is Parked upon any Street or Highway. (b) No person shall deposit or place or cause the deposit or placement of any Handbill anywhere upon the exterior of any unoccupied Vehicle while such Vehicle is Parked upon any Off-Street Parking Area, as described in Section 2.01(b) above, provided that signs are posted in accordance with Section 2.04 below. (c) No person shall deposit or place or cause the deposit or placement of any Handbill anywhere upon the exterior of any unoccupied Vehicle 3 Ordinance No, 99-__ Page 4 Parked upon any Off-Street Parking Area after having received notice that such activity is prohibited pursuant to Section 2.04(a)(2) below. (d) This section shall not be applicable to Handbills which are otherwise lawfully placed upon a Vehicle by the owner, lessee or operator of such Vehicle or to official citations or notices placed pursuant to governmental authority. Section 2.04. Signage Requirements Applicable To Off-Street Parking Areas. As a condition precedent to the enforcement of the prohibition set forth in Section 2.03(b) above, it shall be required that the owner or lessee of an Off-Street Parking Area provide signage complying with the following requirements: (a) Notice shall be posted on the property at which Vehicle Handbills are prohibited, and shall fulfill the following requirements: (1) Notice, in the form of a sign structure, shall be prominently placed at each driveway access or curb cut allowing Vehicle access to the property, within five feet from the public right of way line. If there are no curbs or access barriers, signs shall be posted not less than one sign for each 25 feet of lot frontage. One sign shall also be posted at a primary pedestrian access point for the property, if such point is separated from the area of the driveway or curb cut. The sign structures shall be permanently installed with the bottom of the sign not less than four feet above ground level and the top of the sign not more than 10 feet above ground level, and shall be continuously maintained on the property for not fewer than 24 hours before the Vehicle Handbill prohibition may be enforced. The notice shall clearly display: not less than two inches high, light-reflective letters on a contrasting background, that: "Placement of Handbills upon Vehicles is Prohibited by City Ordinance". (2) The posting of notice requirements of this section shall not be required where notice is personally given (verbally or in writing) by the owner of the premises (the "Owner") or by an agent of the person in control of the premises (the "Agent"), in the presence of a law enforcement officer or in the presence of a security guard employed by such Owner or Agent or employed by a licensed security .quard service company retained by such Owner or Agent, to the person attempting or intending to place Handbills upon Vehicles, Ordinance No. 99- Page 5 that the placement of Handbills upon a Vehicle is prohibited by City Ordinance. Section 2. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et.seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Ordinance No. 99-~ Page 6 The foregoing Ordinance was offered by Commissioner Beskin, who moved its adoption on first reading. The motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Commissioner Commissioner Commissioner Commissioner Jay R. Beskin Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 2nd day of March, 1999. th PASSED AND ADOPTED on second reading this 6 day of April, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC ClTY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission ~ February 19, 1999' ~ ~ Ordinance Extending Building Height Moratorium Ist Reading March 2, 1999 City Commission Meeting Agenda Item <~. 2nd Reading April 6, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance extending the Building Height Moratorium to September 1, 1999 or to the adoption of the City's Land Development Regulations (LDR). BACKGROUND The City Commission adopted a Building Height Moratorium on September 1, 1998. The moratorium was set to expire on March 1, 1999. Staff is continuing to work on the Land Development Regulations. It is anticipated that the LDR will be distributed to the City Commission in March to begin the review process. Therefore, the current moratorium needs to be extended during this period. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0723-99 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING BUILDING HEIGHT LIMITATIONS AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 98-20 OF THE CITY OF AVENTURA; BY AMENDING SECTION 7 "TERM" OF ORDINANCE NO. 98-20 TO PROVIDE FOR EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S LAND DEVELOPMENT REGULATIONS TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 98-20 of the City of Aventura, as adopted on September 1, 1998, the City Commission provided for a moratorium upon the issuance of development orders and development permits concerning buildings of a certain height so as to enable the formulation and implementation of the City of Aventura Land Development Regulations (the "Regulations"); and WHEREAS, Ordinance No. 98-20, provided for such moratorium to be effective for an initial period of 180 days from adoption thereof, and authorized such moratorium to be reasonably extended; and WHEREAS, the City Commission finds that work is being expeditiously pursued on the City Regulations, but that it is necessary to reasonably extend the moratorium for an additional period as provided herein, so that the City Regulations are able to be completed and implemented. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Section 7 'q'erm," of Ordinance No. 98-20, is hereby amended to Ordinance No. 99-~ Page 2 read as follows:~ Section 7. Term. The moratorium imposed by this Ordinance is temporary and shall be effective ~,,r a "~r~'"~ ''~ ~n~ ,4 .... ,~,,,, "~'"'*~"" ~' .... * until September 1, 1999, unless dissolved earlier by the City Commission. Further, the moratorium shall automatically dissolve upon the adoption of the City Regulations, the formulation and adoption of which shall be expeditiously pursued. The moratorium may be reasonably extended, if necessary. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin yes yes Underline indicates addition to existing text; str!!cem:'t indicates deletions. Ordinance No. 99-._. Page 3 Commissioner Ken Cohen Commissioner Patricia Rogers-Libert Commissioner Jeffrey M. Perlow Vice-Ma ~or Harry Holzberg Mayor Arthur I. Snyder yes yes yes yes yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. 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 Commissioner Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 2"d day of March, 1999. PASSED AND ADOPTED on second reading this 6t~ day of April, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY A'I-FORNEY 3 CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ,~ Eric U. Soroka, City/Ma, r~ge~ Harry M. ~in[nance~upport Services Director March 10, 1999 Ordinance Authorizing Negotiation of Loan in the Maximum Aggregate Amount of $21,000,000 from the Florida Municipal Loan Council March 22, 1999 Commission Meeting Agenda Item ~- April 6, 1999 Commission Meeting Agenda Item Io--~- Recommendation It is recommended that the City Commission approve the attached ordinance which authorizes the City's borrowing $21 million from the Florida Municipal Loan Council in order to repay the Line of Credit and to pay remaining costs associated with the Government Center complex. At the March 2, 1999 meeting, the City Commission approved Resolution No. 99-15, authorizing the City's participation in the Florida Municipal Loan Council (The Council). As was discussed in great detail at the March 2, 1999 meeting, the Council was established by the Florida League of Cities to provide a mechanism to allow member cities to borrow funds at the best rates end with lower issuance costs. Based on the timing of our needs and the structure of ti~e program, I recommended that we borrow from the Council as opposed to going on our own with a financing program. That resolution has been submitted to the League of Cities for our participation in the Council. However, our Charter requires that any debt be authorized by Ordinance. This ordinance fulfills that requirement. I still believe that the Council program will offer us the lowest rates and issuance costs available to the City. Therefore, I recommend approval of the Ordinance. HMK/mn FSS262-99 ORDINANCE NO. 99~ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN FROM THE FLORIDA MUNICIPAL LOAN COUNCIL IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $21,000,000 TO FINANCE THE PURCHASE OF REAL PROPERTY TO BE USED AS PARKS AND RECREATION AND CITY ADMINISTRATIVE COMPLEX AND POLICE STATION AND THE ACQUISITION, CONSTRUCTION, EQUIPPING AND INSTALLATION OF IMPROVEMENTS TO THE REAL PROPERTY AND THE REPAYMENT OF THE LINE OF CREDIT DATED DECEMBER 20, 1996, WHICH LINE OF CREDIT WAS ISSUED TO PROVIDE TEMPORARY FUNDING FOR SAID PROJECTS; INCORPORATING THE PROVISIONS CONTAINED IN RESOLUTION NO. 99-15 INTO THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Whereas, on March 2, 1999, the City Commission of the City of Aventura adopted Resolution No. 99-15, which resolution authorized the City's participation in the Florida Municipal Loan Council; and Whereas, Resolution No. 99-15 established the maximum loan value not to exceed $21,000,000 for acquisition, construction and erection of certain capital projects; and Whereas, Section 4.03 (6) of the Charter of the City of Aventura requires that the borrowing of money be authorized by Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. This ordinance is adopted pursuant to Chapter 166, Florida Statutes and the Charter of the City of Aventura. Section 2, Pursuant to Section 4.06 of the Charter of the City of Aventura, the negotiation of a loan with the Florida Municipal Loan Council in an aggregate amount not to exceed $21,000,000 for the acquisition and erection of those improvements enumerated in Section 4 below is hereby authorized. Ordinance No. 99-__ Page 2 Section 3. The provisions of Resolution No. 99-15 are incorporated herein as if set forth at length hereafter. Section 4. The proceeds of the loan may only be used to pay costs of the project which include: A. Land Acquisition. The purchase of real property within the City of Aventura, Florida (the "City") to be used for municipal purposes such as (1) parks and recreation and (2) the location of other City facilities including, without limitation, a City administrative complex and police station. B. Buildings and other improvements. The acquisition, construction, equipping and installation of improvements on or to the real property described above including, without limitation, municipal parks and City government and police facilities. C. For the repayment of the Line of Credit pursuant to the Line of Credit (Revenue Note) dated December 20, 1996, which line of credit was used to provide temporary funding for the projects enumerated in A and B, above. Section 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, and phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. This Ordinance shall take precedence over any other ordinance or resolution of the City to the extent of any conflict or inconsistency therewith. Section 6. Effective Date. This Ordinance shall be effective upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Beskin, who moved its adoption on first reading, this motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as follows: Ordinance No. 99-__ Page 3 Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert yes Vice Mayor Harry Holzberg yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote was as follows: Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mayor Arthur I, Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Snyder PASSED AND ADOPTED on first reading this 22nd day of March, 1999. PASSED AND ADOPTED on second reading this 6th day of April, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M SMITH, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission y a~,n~ Eric M. Soroka, Cit March 24, 1999 Resolution Approving The Change of Control Transfer Television Franchise From TCI to AT&T of Cable April 6, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving the Change of Control of the Cable Television Franchise from TCl to AT&T. This matter was deferred from the March 2, 1999 meeting. BACKGROUND The City's Cable Franchise Ordinance requires City Commission approval of the proposed change of control of TCl to AT&T. The Ordinance and Cable Television Franchise also provides that certain specific information on the proposed transaction, including details on legal, financial, technical and other qualifications, be submitted and reviewed by the City. In addition, the applicant was required to provide written acceptance of the terms and conditions of the Franchise Agreement as evidenced by Exhibit "A" attached hereto. Based on a careful review of the information provided to the City, the City's cable television legal firm, Leibowitz & Associates, P.A., and I recommend approval of the transfer. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0734-99 LEIBO"~'i]-Z & ASSOCIATES, [~ia £acshJ;ile ~ (305~ 456-8919 ErSt M. Soroka Ci~' Manager Cit? of AYenttua 2999 NE 19i'~: Street: Stfite 500 Aventura: FL 53 [80 Ci~' oI' Aventura, Floti,~a ICI Cable Ielevision Franchise Change of Control tl~ AT&T Dear Eric: The Cib~ of A. vcnr~ra is now in receipt of an executed Cable Td:visioa Franchise Agreement ~om TCL It ~s ~e intent of ~e CiD' ro ~t ~e Fr~chise p~su~r to an Ore--ce. ~e first rea~xg of which is sc[leduled for to~gb~ Febmau 2, '~999 and tb, e second reading for Fe~. On FebruatS' I, 1999, TCI and AT&T summrted to the Ci~ ,a request for .ban=e of control of TCI to Al&'['. AssU-mmg that the CiU' g'rant~ the Franchise on Fl~fl~' 1~. [999, at this time tb.e Law Firm would recommend that the Ci~' schedute consideration of the change of control tbr the same meetnng. Accordingly, attached lxereto please find a recommended resolutiou and an affidavit executed by David Krone, Exec=tive Vice Pres~.dent. Oovemment Relations lbr TCL Prior to th.e February [6, 1999 mooting, Mr. Krone wtJ2 obtain thc requisite AT&I- signature. Furthen~ore. please be advised that ~.C[ al~d MediaOne kave entered into mt a~eemcnt whereby Tel South Florida cable systems wi!! be ~:sferred to MediaOne Upon receipt o£ ~ application to the CiD' ~vith respect to such tipsier, we ,aXil advise you of all relevant issues ~d prepare ~e necessary documents Please do not hesitate to contact me sh©r d you have an5' question, s ','~Sth respect to tills matter. Daxid Wolpin, Esq. h .rman & Howard LLC. January29, 1990 lla Feld, Esq. Leiboxa4tz & Associates, P.A. Su/te I450 Suntrust international Center One Southeast Tt~'d Avenue Miami, Florida -13131 I715 2'1_ A FEDF~[~E~PRF$5 Re: AT&T/TC! Merger - Application for Consent Dear Ms. Fei& On behaifofTCI TKR of South Florida, Nc. CFranckis¢¢'), we hereby apply for the consent of the Ci,ty of Aventura. Florida to the chm~ge of control of Franclfisee from Tele- Communications, ][nc. to AI&T Corp. pursuant to the cable television franclfisc between the Citw and Franchisee. Enclosed for your review is certain inlbrmation concerning the change of contro'l and AT&T. This application is made pursuant to the franchise and is not made pursuant to FCC Form 394. if you have an3, questions concemk~g the ibregoing, plea.se fee[ free to g-ire me a cai1 V?, t~y yours, ,~t,z A Nichols cml Enclosure ce: Mr. Mike Woods RESOLUTION NO. 99-._ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE CHANGE OF CONTROL OF THE TCl TKR OF SOUTH FLORIDA, INC CABLE TELEVISION FRANCHISE FROM TCI TO AT&T CORP.; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 1, 1999, the City of Aventura, Florida received notification of the proposed change of control of the TCl TKR of South Florida, Inc. ("TCI-SF") cable television franchise from TCl to AT&T Corp.; and WHEREAS, pursuant to Ordinance No. 97-20, as amended by Ordinance No. 98- 11, of the City of Aventura (the "Ordinance"), and the TCI-SF Franchise Agreement granted pursuant to Ordinance No. 99-03 (the "Franchise"), no such change of control may occur without prior approval of the City Commission; and WHEREAS, pursuant to Section 6(D), Section 9 and Section 23 of the Cable Television Ordinance and Section 29 of the TCI-SF Cable Television Franchise, any change of control of the Franchisee or transfer of the franchise is prohibited without prior authorization of the City; and WHEREAS, the City shall act upon TCI's application on the condition that the City Commission has passed and adopted the Ordinance granting to TCI a Franchise and pursuant to TCI's express consent that the City waives no rights under federal, state and local law and the Ordinance and the Franchise by scheduling consideration of the change of control; and WHEREAS, the City has required written acceptance from TCI-SF and AT&T Corp. of the terms and conditions of this Resolution by affidavit as a condition precedent to the adoption of this Resolution (affidavit attached hereto as Exhibit A); Resolution No. 99-_ Page 2 WHEREAS, in the event the proposed transaction between TCI and AT&T Corp. is not consummated or does not reach final closure for any reason, or in the event such closure is reached on terms substantially or materially different to the terms described in the application and exhibits thereto, submitted to the City on February 1, 1999, this Resolution, together with the affidavits of acceptance submitted by the proposed transferor and transferee, shall be null and void. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF AVENTURA, THAT: 1. To the extent required, the City of Aventura hereby consents to the change of control of the TCI-SF Cable Television Franchise from TCl to AT&T Corp. 2. That the consent granted herein does not constitute and should not be construed to constitute a waiver or release of any obligations of TCI under cable Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the cable television franchise. 3. That the consent granted herein does not and should not be construed to constitute a waiver of any right of the City under applicable law including, but not limited to Cable Television Ordinance No. 97-20, as amended by Ordinance No. 98-11 and the Cable Television Franchise; and further, this consent shall not prejudice the City's rights with respect to the enforcement, renewal or transfer of the current cable television franchise and any amendments thereto. 4. That the consent herein granted is conditioned upon (a) TCI-SF's assurances set forth in its affidavit submitted to the City on January 28, 1999 and attached hereto as Exhibit A; (b) TCI-SF's submission to the City of cost recovery all costs incurred by the Resolution No. 99- Page 3 City related to this transfer proceeding pursuant to Sections 9(I) and 10(F) of Cable Television Ordinance 97-20 and all payments due under Section 16B of the Franchise. 5. That the consent herein granted is limited to the right to provide cable services, and to the extent not otherwise prohibited by applicable law, TCI-SF shall be required to obtain any lawful permission from the City, prior to its providing any other services within the City. 6. That this Resolution shall have the force and effect of continuing the agreement between TCl-SF and the City of Aventura, Florida, the Franchise Authority. 7. That the City hereby reserves all of its rights pursuant to federal, state and local law including, but not limited to the rights in (a) the franchise renewal process including, but not limited to, the right to consider violations of the franchise by TCI-SF; (b) the franchise transfer process including, but not limited to, the right to act upon any application to sell, assign or otherwise transfer controlling ownership of the cable system; and (c) the enforcement of the current Cable Television Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the current Cable Television Franchise as amended. 8. That the consent herein granted is an express non-waiver and express reservation of the City's rights and authority with respect to enforcement of TCl-SF's compliance with applicable law including, but not limited to Cable Television Ordinance No. 97-20 and 98-11 as amended and the current cable television franchise as amended. TCI-SF, and to the extent required by the franchise or allowed pursuant to applicable law its parent, affiliates and subsidiaries, shall be liable for any and all violations of said law and agreement notwithstanding whether any such violation arose Resolution No. 99-._ Page 4 prior to the effective date hereof. The City's approval of the transaction shall in no way be deemed a representation by the City that TCI-SF is in compliance with its obligation under Cable Television Ordinance 97-20 as amended by Ordinance No. 98-11 or the Franchise Agreement. 9. That the consent granted herein is subject to TCI-SF's compliance with all other applicable legal requirements and the City does not waive and expressly reserves the right to enforce full compliance with applicable Ordinance and Franchise requirements, whether or not any noncompliance that may be determined arose before or after the change of control of the TCI-SF franchise from TCI to AT&T Corp. 10. That this Resolution shall become effective upon the date of its adoption herein. 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 Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 6th day of April, 1999. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXItI~BIq A ,2' UNCONDITIONAL ACCEPTANCE OF TERMS OF [CESOLUT[ON NO. 99- BEFORE .ME, appeared thc undersigned authority who havkag been duly sworn upon his oath deposes and states timt: 1. Tim affiant ~s the Executive Vice President, Government Relations of TCI Communications, Nc., and is [he person authorized tc execulc this document or; behalf of the TCITKR of Soutk Florida, inc. 2. The affiant is submitting this afiSdav/t as a condition precedent to thc change of consol of the TC[TKR of Sou& Florida, Inc ("TCI-$F") cable television franckisc from TCI to AT&T 3. Affiant attest~ that TC[-SF is a cunent fi'ancNsee in ~e CiD, of Aventura, Florida and that tlle Franckisee shall comply w/th the terms of this acceptmxce. 4. Franchisee and/or its successors in interest skall reimburse the City for ali costs incurred by the City related to the transfer process pursuant to Sect/oas 9(I) amd I0 (F) of Cable Televisl~'a OrdLumce 97-20 as amended by Ordinance ,~o 98-I i. Receipt o£payment by the City of tlffs obhgation shall be acknowledged upon receipt of payments in the amount of Forty Tb.o~ksm~d Dollars ($40,000 00) pursuant to Section [6(B) of the Franchise. 5. At the request of the City, FmacNsee shall demonstrate compliance wiOa the techrfical obligatiorLs set forth ia the Ordinance and Franchise or Lq the alternative, s 'ha/l provide th.e City wi~ an acceptable Plan of Compliance. 6. [Fanchisee shall cooperate m any franci :se i~*z compliance mquiry m cormectibn with any possible franchise f'e~ arrearages that may have ariser~ or. flint may arise through the exclusion of certaz revenue streams, 7. In the event Franchisee offers cable Interact services Over its cable system in the City of Aventura, it shalI, tak/ng into account technical feasibility, provide access to its cable modem platform to providers of interact access and online services on comparable terrus and cond/t/ons to those terms and condifio.ns on which access is provided by Franchisee in any other community. Franchisee shall comply with ali lawful requ/rements w/th respect to access to Fmnchisc~;s cable modem platform for promders of Lntcmet access and online sendces. 8. Franchisee shall comply w/th all other applicable legal requirements, including carriage of broadcast digital and high defin/tion television signals, and interconne¢fion of'the cable system with potenttal competitors for purposes, among other things, of 'sharing cable PEG channels as required by the Franchise Agreement or applicable law. 9. To the extent not p~oh/bited by applicabIe [aw, the Franchisee agrees that cable Interact.services, including, but not I/mited to, ~ Home, Roadrunner mad Media F~xpress or similar services, proxdded by ~e Frm':cbJ. see, its parent, affiliates or subsidianes, over the cable system shall be deemed "cable services" as provided under T~tle VI of the Commtmicattons Act of 1934, as amended. Revenues received by Franchksee, and to thc extent cons[stent w/Ih the Franchise Agreement and not specifically prohibited by applicable law, [ts parent, affiliates, or subsidiaries, from such services provided over the Franchisee's cable s.vstem, in¢inclirtg, but not limited to, cable modem equipment, advertising and sales revenues, shalI be included w/thin the definit./or: of l~oss revc~nucs ~br h~lc purpose of the fraIlchSsc fcc ~c~a',~o~ ~o ~hc m~imu:n ext~ F~ci~sc Agreement ~d cor~istcnt ~ ~plicablc !aw. It is thc in~cnt of ~c p~i~ d~at pa~ap}~ appli~ no mom b~a~y ~ the ~isdng ~5ic tele~sioa ~cNse ~ ~ect to ~ble service. 10. Fr~e~ ac~o~ges ~ ~c L%dsla~ve Hi~ of ~e 1992 Cable Act ~nt~pi~ ~t ~e Ci~ ~y ~ess ~y deficienci~ ~ so,ice, ~ci~ non-~mpli~c~, m ~e ofm:y ~fer or c~ge ofCon~oI of~e fr~ise ~e Fmc~s~ ~ees to e~e ~at ~smes r~pcmib~ Gr ~y ~d a~ non-comp~ ~der ~e c~t ~,~se ~t may now or my later be ~covcr~ to have e~ d~g ~e ~ of~e ~e ~ea gphor to ~e clos~ of~e msfer of~n=oL 1 I. F~c~ ~mn~fion~y a~ ~ t~ mud con~fiom af R~oI~on No. 99- t2. ~ ~ibit A may be ~gned in countaCh. FURTHER AFFIANT SAYETH NAUGHT. TCITICR $5 SO FL A, BY:_ AT&T COtL*'. hereby acm. epts the terms and conditmrxs of this affidavilt and Resolution a.nd agrees to do ~,erything necessary to ensure compliance therewith F: APR-D6-99 14:23 From:TCl 3034883ZOT T-571 P.OZ/02 Job-SE5 1999 TC! Corpom~a 5619 DTC'Pm~w,r.v ]~:: C'~t~ of A~Murm ~loHds. CITY OF AVENTURA OFFICE OFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City/,~l/ccfage April 1, 1999 Proposed Cultural Arts Center Action Plans BACKGROUND Over the past several months, support for the construction of a Cultural Arts Center (CAC) has increased among the City Commission since the purchase of the Huber Tract. The construction and financing of a Cultural Arts Center takes time to implement and requires preplanning and coordination with our Capital Improvement Program (CIP). I am in the process of updating the City's five-year ClP. In order to finalize the document, certain basic issues need to be resolved regarding the proposed Cultural Arts Center. This report has been prepared to review the various issues and alternatives relating to the construction of a CAC and provide the necessary information for the City Commission to make informed decisions regarding this matter. At this point, I am requesting direction as to which action plan should be further studied for inclusion in the ClP document. ISSUES Property / Location - The proposed site for the CAC is the Huber Tract which is located on the Intracoastal at the end of N.E. 188th Street. The site is approximately 3.2 acres. The access into the property is from N.E. 188th Street (Thunderboat Alley). The 1998/2002 CIP contains $1,000,000 for drainage and roadway improvements to N.E. 188th Street scheduled for Fiscal Year 2001/2002. Currently, the roadway does not provide an attractive entranceway to the site. This may change over the next two years as we adopt stricter zoning regulations for the industrial properties and the planned improvements to the roadway. In performing our reseamh regarding the CAC, additional property will be necessary in order to provide adequate parking for the facility. It is anticipated that at least two additional acres should be acquired, either west or south of the site. This will provide about five acres of buildable area for the facility. Buildin.q Requirements - Based on preliminary reseamh, it is recommended that the facility be constructed for 900 seating capacity and be sized for a maximum of 25,000 square feet. Cost - A ballpark estimate for the construction of a first class facility including seawall construction and site restoration is $5,500,000. The proposed project budget is as follows: Design Cultural Arts Center Land Purchase $ 500,000 $5,5OO,OOO $2,OO0,OOO Total Cost $8,000,000 Funding - Funding for this project should be obtained from several different sources including the general fund, long-term debt, bond issue, grants and community foundation donations. Several different funding options are reviewed in the Alternatives section of this report. Operating Costs - A detailed budget estimate outlining the costs associated with operating the facility would be required to determine the fiscal impact on the operating budget. Typically, cultural arts centers, by utilizing user fees, offset a portion of the operating costs. It is recommended that the operations be privatized in order to reduce the City's risk and provide cost-effective services or placed under the authority of a foundation that could raise private funds as well. Community Support - The construction of a CAC is a significant investment by a local government toward the enhancement of quality of life issues of a community. A CAC will provide a community facility that can house numerous cultural events, plays, concerts, shows and art displays. As shown, the cost of construction and the ongoing maintenance and operations of the facility is expensive and will have an impact on future budgets. Therefore, it is important that the City secure strong community support for the facility in order to ensure its ongoing success. Community support could be achieved by utilizing a referendum for the approval of the long-term debt and the utilization of a private foundation to raise funds to potentially offset the cost of construction (i.e., $1,000,000). 1999/00 Fundin,q Alternatives - The following are proposed funding alternatives that could be adopted by the City Commission for inclusion in the CIP document as a method of implementing the construction of a CAC: Alternative 1: Assumptions: Condemn or purchase additional two acres of land. Utilize $1,000,000 from Safe Neighborhood Grant Program to offset purchase of property. Balance of $1,000,000 purchase price paid from general fund. Utilize $1,000,000 from private donations to offset construction costs. Utilize $500,000 of general fund monies to assist in funding project. Request voter approval of $4,500,000 General Obligation Bond whereby Debt Service would be paid from a 4.6% tax increase. approximately $315,000 annually. Fundinq Schedule Purchase Land $2,000,000 2000/01 Design Project $ 500,000 Reserve Funds $ 250,000 2001/02 Reserve Funds $ 750,000 2002/03 Construction $4,500,000 September 2003 Completion Debt Service Costs would be Source General Fund $1,000,000 Grant $1,000,000 General Fund Private Donations Private Donations G.O, Bond Annual cost to taxpayer beginning in FY 2003/04 assuming $250,000 assessed value: $23.00 Alternative 2: Assumptions: Condemn or purchase additional two acres of land. Utilize $1,000,000 from Safe Neighborhood Grant Program to offset purchase of property. Balance from general fund. Utilize $1,500,000 of general fund monies to assist in funding project over two years. Partially offset costs with a 4.6% tax increase in FY 2002/03 & 2003/04. c. Issue a $4,500,000 Revenue Bond issue whereby Debt Service would be paid from a 4.6% tax increase beginning in FY 2003/04. Fundin.q Schedule Source 1999/00 Purchase Land $2,000,000 General Fund $1,000,000 Grant $1,000,000 2000/01 Design Project $ 500,000 Reserve Funds $ 250,000 General Fund General Fund 2001/02 Reserve Funds $ 750,000 General Fund 2002/03 Construction $4,500,000 Revenue Bond September 2003 Completion Annual cost to taxpayer assuming $250,000 assessed value: 2002/03 - $46.00; 2003/04 - $46.00; thereafter - $23.00. Alternative 3: Assumptions: Condemn or purchase additional two acres of land. Utilize $1,000,000 for Safe Neighborhood Grant Program to offset purchase of property. Balance from General Fund. Issue a $7,000,000 Revenue or G.O. Bond whereby Debt Service would be paid from a 6.5% tax increase. Debt Service Costs would be approximately $490,000 annually.* *The amount of the bond issue could be reduced by utilizing reserve funds from the general fund. Each $1,000,000 in debt requires a $70,000 debt service payment. Each 1% of a tax increase generates about $70,000. Annual cost to taxpayer assuming $250,000 assessed value and 2.3850 tax rate: $36.00. SUMMARY Based on a review of the alternatives, the City Commission should consider either Alternatives One or Three. However, to ensure community support for the long term investment in cultural activities, Alternatives One, Three or a method utilizing a referendum should be considered for the Action Plan, due to the potential tax rate increases that would be required to fund the program. EMS/aca CC0736-99 MIAMI DALLY BUSINESS REVIEW Published Daity except Saturday, Sunday and Legal Holidays Miami. Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferheyre, who on oath says that she Is the Supervisor. Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CiTY OF AVENTURA PUBLIC HEARING - 4/6/99 APPLICATIOI{ NUMBER: 06-SV-99 Affiant further says mat the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, Florida, and that the said newspaper has heretofore been continuously published In said Dede County, Florida, each day (except Saturday, Sunday and Legsi Holidays) and has been entered as second class mail matfer at the post one year next prasedlng the first publication of the attsshed copy of jdsertlsamset; and affiant further says that she has neither paid nor promlsa~ any pe or cmporaticn any discou rebate, comml r the pufpsee (SEAL) *1 ~¥ o~, OFFICIAL NOTARY ~ Octelma VL'~'?~' '~,6'~% i~,R~E[J~' ROMERO I ~F?F~ SE~ 22,2002 CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, Apdl 6, 1999 6:00 ;).m. Applicant Name: Stanley B. P~co (Orthopedic Care Center) Applicant Requeof: The applicant is re(~ussting a Sign Vedanco to allow [1) one wall sign on an office building where no wall signs are allowed by code. Applloati~t Number: 06-SV-99 Location Of Subject Property: Orthopedic Care Center 21000 NE 28 Avenue Legal Description: Lengt~ legal dassdpfion - You may contact the Community Development Department for the complete legal dessript~on. Size of Subject property: Approximately 2.413 acres Plans are on file and may be examined dudng regular business houm in the City of Avontura, Commuhity Development Dega~tment, 2999 NE 191 Street, Suite 500, Aventura. Florida, 33180. Plans may be modified at or before the Public Hearing. 'he application may(~hange dunng the hearing process. The Public Hearing wilt be held at Blocayne Medical ~ Building, 211t0 Biscayne Boulevard. Suite 101, Aventura, Florida, 33180, Your comments may he maco in person at the hearing or filed ir writing prior to the hearing date. Refer to applicant/properly on correspondence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For further information, please cell (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are d sabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two busi- ness days prior to such proceedings. If a person decides to appeal any decision made by the C;ty Com- mission with respect to any melter considered at a meefing or hearing, that person will need a record of the proceedings and, for such pur- pose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidance upon which the appeal is to be based. Teresa M. Smith, CMC, City Clerk 99-3-0325144M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCE APRIL 6. 1999 XXXXX in the ................................................................................ Court, wfl~,i.~ ~,..~9~,~per I. the Iss..s of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, Florida, and that the said newspaper has heretofore been continuously published in said Dape County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and attlant further says that she has neither pal .nor promised an 'mt or corporation of se rtn his adve cation in the said 2 4 Sv~ ~ ~. subscripe~ befum me t~9 '~'"- ~aY Pi, OF~C~L ROTARY ~ ! (SEAL) tstma RO E O ! ~.:[. CC7774~S CITY OF AVENTURA PUBUC NOTICE OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN that on Tuesday, the 6th day ~f April, 1999, at a meeting of the City Commission of the City of Aventura, to be held at 6;00 p.m. in the Commission Meeting Room at the Biscayne Medical Arts Building, 21110 Biscayne Boulevard, Suite 101. Aven- tura F~oride, the City Commission will consider the adoption of the fotlowin;; Ordinance on second reading, entitled: -AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA. AUTHORIZING THE NEGOTIATION OF A LOAN FROM THE FLORIDA MUNICIPAL LOAN COUNCIL IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $21,000,000 TO FINANCE THE PURCHASE OF REAL PROPERTY TO BE =~I~SED AS PARKS AND RECREATION AND CITY AD- - M~NISTRATIVE COMPLEX AND POLICE STATION AND THE ACQUISITION CONSTRUCTION. EQUIPPING AND INSTALLATION OF IMPROVEMENTS TO THE REAL PROP- ERTY AND 'THE REPAYMENT OF THE LiNE OF CREDIT DATED DECEMBER 20, 1996. WHICH LINE OF CREDIT WAS ISSUED TO PROVIDE TEMPORARY FUNDING FOR CONTAINED.IN P~SOLUTION NO. 99-15 INTO THI~ OR I-S D - NANCE; PROVIDING FOR SEVERABIL1TY AND AN EF- FECTIVE DATE. . The proposad. Ordinance may be inspected by the public at the ~ rice of the City Clerk, 2999 N.E. 191st Street. Suite ~00, Aventura. F~o~ida. Interested parties may appear at the Public Headng and be heard with res0ect to the proposed Ordinance. Any person wishing to andress the City Commission on any item at this Public Headng is asked to register with the City Clerk pNor to that item being heard. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special a~commodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Com- mission with respect to any matter considered at a meeting or hearing, that person will need a rcoord of the prcoeeo~ngs end, for such pu.r- pose, may need to ensure that a verbatim record of the proceedings ~s made, which record includes the testimony and evidence Upon which the appeal is to he based, Dated March 24, 1999. Teresa M. Smith, CMC, City Clerk 3/24 99-4-032411M : iami Ierat www. herald.com www. elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JANEY ANDERSON who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Harald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: MARCH 5, 1999 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the f'n-st publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any pemon, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). /~:o~and ~b~' b~for~ me thi~ t j~ ~BASP OF MARCH ,, 1999 My Commmmon [ Expires: October 17, 2001 r ~-~ .... .~ ~ . ~' i r ~ virginia a./C/allon ~/ that Antigua's voter list of more caused our customers, CITY OF AVENTURA NOTICE OF EXTENSION OF DURATION OF BUILDING MORATORIUM CONCERNING BUILDING HEIGHT LIMITATIONS The City of Aventura proposes to adopt the following Ordinance; AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING BUILDING HEIGHT LIMITATIONS AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 98-2Q OF THE CITY OF AVENTURA; BY AMENDING SECTION 7 "TERM" OF ORDINANCE NO. 98-20 TO PROVIDE FOR EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S LAND DEVELOPMENT REGULATIONS TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A Public Hearing for second reading of the Ordinance wirl be held on TueSday, April 6, 1999, at 6 pm. at the Biscayne iMedical Arts Building, located at 21110 Biscayne Boulevard, 'Suite 101, Aventura, Florida. The proposed Ordinance may be inspected by the public at the Office of the City Clerk, 2999 N.E. 191st Street, Suite 500, Aventura, Florida. Interested parties Public Hearing and be heard with respect to le proposed Ordinance. Any person wishing to address the Commission on any item at this Public Hearing is asked to the City Clerk prior to that item being heard. accordance with the Americans with Disabilities Act of 1990, 3ersons who are disabled and who need special :)mmodations to participate in this proceeding because of disability should contact the Office of the City Clerk, 305- -8901, not later than two business days prior to such to appeal any decision made by the City on with respect to any matter considered at a meeting ~r hearing, that person will need a record of the proceedings ~nd, for such purpose, may need to ensure that a verbatim of the proceedings is made, which record includes the , ~ ~.i]estimony and ev dence upon which appeal is to be based. i !~ ~ated this 5th day of March, 1999. the Teresa M. Smith, CMC '~'~ ,ii (? ' City Clerk Cash b~ MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dede County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma v. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/kJa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the aflached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDI NANC~iS APRIL 6, 1.999 XXXXX in the ................................................................................ Court, w lis d in speper in the issues of Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any ' or corporation any dis , rebate, commi for the purpose nof s parin this adverti ion in the said .............................. i ............ A.D. 19 ...... ~ ~'~,~/~'t~. JANETT LLERENA [ (SEA,) c-..o..-... ! Octelma V. Ferbeyre I: ~o1~ ;~ to me.oc $ 6 6 0 0 4 OFF~.) JUNE 23,2000 ,,[ .... ~i~'¥ Oi~ AVENTURA' PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN=Jhet on Tuesday, the 6th day of April, 1999. at a meeting o! the City Commission of the City of Aventura, to ~3e held at 6:00 p.m. in the Commission Meeting Room at the Biscayne Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aven- tura, Florida. the City Commission will consider the adoption of the following Ordinances on second reading, enctled: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION, ARTICLE VI. LOBBYING ACTIVITIES. BY AMENDING IN SECTION 2-371(2) THE DEFINITION OF LOBBYIST; PROVIDING FOR SEVERABIMTY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA. ADOPTING VEHICLE HANDB~.L ORDINANCE PRO- HIBITING THE DEPOSIT OR PLACEMENT OF COM- MERCIAL ADVEF(rI$1NG MATERIAL UPON VEHICLES PARKED ON STREETS OR PARKED UPON CERTAIN OFF- STREET PARKING AREAS; PROVIDING FOR PURPOSE AND LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING PROHIBITION OF VEHICLE HANDBILLS; PROVIDING SIGNAGE RE- QUIREMENTS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. The proposed Ordinances may be inspe~ed by the public at the Of- fica of the City Clerk, 2999 N.E. 191st Street, Suite 500, Aventura. Flor'Aa. Interested pa~es may appesr at the Public Hearing and be heard with respect to the proposed Ordi.n. ances. A.ny _pe.~.. n wish!ng t.o address the City Commission on any item at thru Public Heanng ~s asked to register with the City Clen~ prior to that item being heard. In accordance with the Amedcens with Disabilities Act of 1990, all CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Investigation, Expert Opinion Agenda Item: Item No. the Aventura City Commission. of %/4 , 199 ? ~/ Date of Visit, Investigation or Receipt of Expert Opinion: Nature of Contact: (check as applicable) (¢)~ Site Visit ( ) Investigation ( ) Expert Opinion Substance of Contact: Identity of Any Person Participating in Contact: agenda of Filed this (¢ day of Respectfully, Commission or Board Member Com,munication sign~uou~ Clerk / Secretary Receiving CITY OF AVENTURA Ordinance 96-09 Disclosure of Site Visit, Investi.qation, Expert Opinion Agenda Item: Item No. :' -~ of z~ ~ , 199~~ the Aventura City Commission. agenda of Date of.Visit, Investigation .o.r Receipt of Expert Opinion: Nature of Contact: (check as applicable) (~)) Site Visit Investigation ( ) Expert Opinion Substance of Contact~_~,//,z, Identity of Any Person Participating in Contact: Filed this ~ day of Respec~ully, Commission or Board Member Communication: Name ~' -., 19 ~___Z~./? C~rk / Secretar~ Receiving CITY OF AVENTURA Ordinance 96-0~9 Disclosure of Verbal Contact Agenda Item: Item No. ? of 199:/' agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this ~ day of Respectfully, Commission or Board Receiving Communication: '~,¢~ ,~ /;~j~,' Member Na7 ,~ Clerk / Secretary '" CITY OF AVENTURA, FLORIDA Comprehensive Annual Financial Report FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 CITY OF AVENTURA, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPOR1~ FISCAL YEAR ENDED SEPTEMBER 30, 1998 Prepared by: FINANCE SUPPORT SERVICES CITY OF AVENTURA, FLORIDA TABLE OF CONTENTS INTRODUCTORY SECTION Letter of Transmittal City Officials Organization Chart Certificate of Achievement of Excellence in Financial Reporting PAGE i xi xii xiii FINANCIAL SECTION Report of Independent Certified Public Accountants General Purpose Financial Statements (Combined Statements - Overview) Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Budgeted Governmental Fund Types Statement of Revenues, Expenses and Changes in Retained Earnings - Proprietary Fund Type Statement of Cash Flows - Proprietary Fund Type Notes to General Purpose Financial Statements Combining, Individual Fund and Account Group Statements and Schedules General Fund: Schedule of Revenues and Expenditures - Bp dget and Actual Special Revenue Funds: Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fixed Assets Account Group: Schedule of General Fixed Assets - By Source Schedule of General Fixed Assets - By Function and Activity Schedule of Changes in General Fixed Assets - By Function and Activity 1-2 5 6 7 8-19 20-21 22 23 24-25 26 27 28 CITY OF AVENTURA, FLORIDA TABLE OF CONTENTS (Continued) STATISTICAL SECTION General Governmental Expenditures by Function (Table 1) and; General Governmental Revenues by Source (Table 2) Property Tax Levies and Collection (Tak!e 3) and; Assessed Value of Taxable Property (Table 4) Property Tax Rates and Overlapping Governments (Table 5) and; Ratio of Net General Bonded Debt to Assessed Value and Net Bonded Debt to Assessed Value and Net Bonded Debt Per Capita (Table 6) Computation of Legal Debt Margin (Table 7) and; Computation of Direct and Overlapping Debt (Table 8) Ratio of Annual Debt Service Expenditures for General Bonded Debt to General Governmental Expenditures (Table 9) and; Estimated Date of Construction (Table 10) Principal Taxpayers (Table 11) Demographic and Miscellaneous Statistics SUPPLEMENTARY AUDITOR'S REPORTS SECTION Report of Ipdependent Certified Public Accountants on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Management Letter in Accordance with the Rules of the Auditor General of the State of Florida Schedule of Findings PAGE 29 30 31 32 33 34 35 36-37 38-39 40-41 INTRODUCTORY SECTION CITY OF AVENTURA GOVERNMENT CENTER 2999 N.E. 19 I ST STREET SUITE 500 AVENTURAs FLORIDA 33180 March 23,1999 Honorable Mayor and Members of the City Commission City of Aventura Aventura, Florida JAY R. BESKIN KEN COHEN JEFFREY M. PERLOW PATRIC1A ROGERS-LIBERT In accordance with Section 11.45, Florida Statutes, and Section 4.11 of the City Charter, submitted herewith is the Comprehensive Annual Financial Report for the fiscal year ended September 30th, 1998. Responsibility for both the accuracy of the data and completeness and fairness of its presentation, including all disclosures, rests with the City. Management believes that the data presented is accurate in all material aspects; that it is presented in a manner designed to present fairly the financial position and results of operations of the City as measured by the financial activity of its various funds and account groups and that all disclosures necessary to enable the reader to gain the maximum understanding of the City's financial affairs have been included. The Comprehensive Annual Financial Report consists of four parts as follows: Introductory_ SeqtiQn - This section is designed to introduce the reader to the report and includes the table of contents, the transmittal letter, the governmental structure, a list of principal officials and the Certificate of Achievement for Excellence in Financial Reporting. Financial Section - This section includes the opinion of the independent auditors followed by the General Purpose Financial Statements (GPFS). The GPFS are the combined financial statements of the City together with the notes to the financial statements. These basic combined financial statements and notes are designed to provide an overview of the City's financial position and results of operations. The remainder of this section presents the combining, individual fund and account group statements and schedules. PHONE: 305-466-89OO ' FAX: 305-466-8939 3. Statistical Section - This section presents summary financial and demographic information on the City for the first three years of its operations and information on overlapping taxing authorities. Each year, an additional year will be added to allow for a good historical overview of the City. Compliance Section - This section includes those reports required to comply with Governmental Accounting Standards and Rules of the Auditor General of the State of Florida. THE REPORTING ENTITY AND ITS SERVICES The City of Aventura was incorporated on November 7th, 1995 and is a political subdivision of the State of Florida. The City operates under a commission-manager form of government and provides General Government, Public Safety and Community Services to its residents and business community. The Mayor and six City Commissioners were elected in March, 1996 and are responsible for establishing policies for City Government. The Mayor and Commission appoint the City Manager who is the Chief Administrative Officer of the City and is responsible for implementing policies adopted by the Commission. The City Manager and first regular employees officially began work on June 3rd 1996 and have worked with the Mayor and Commission to establish the municipal government structure. This report includes all of the funds and account groups for which the City of Aventura is financially accountable. Although the Miami-Dade Board of County Commissioners, Miami- Dade District School Board, South Florida Water Management District and Florida Inland Navigation District levy and collect taxes on property located within the corporate limits of Aventura, financial information on these taxing authorities is not included in this report since each has a separate elected governing body, are legally separate and are fiscally independent of the City. Annual financial reports of these units of government are available upon request from each authority. ECONOMIC CONDITIONS AND OUTLOOK The City of Av~,ntura serves an area of appro~':mately 4 square miles with an estimated population of approximately 22,000 year round residents. The City was incorporated on November 7th, 1995 and has been in the process of establishing its government organization. Prior to incorporation, the City received services from Miami Dade County as a part of their unincorporated municipal services taxing unit. The City received no real property, facilities or equipment from Miami-Dade County upon incorporation. Prior to incorporation, several studies concluded that the Aventura area was a major donor to Miami-Dade County's unincorporated municipal services taxing unit. Actua~ operations since incorporation support the conclusions of those studies, although the studies did overstate the magnitude of the City's donor status. The City's combination of upscale residential and commercial developments results in a taxable value of $2.8 billion within a land area of less than 4 square miles. This makes Aventura's taxable value per capita of more than $130,000 among Lhe highest in the County and State. As shown by the number of permits and estimated value of construction on table 10 of the statistical section, the 1997/98 fiscal year was an extremely active construction period in the City. A review of the underlying permits showed that the construction activities continued to be geared toward upscale residential and commercial activities. An analysis of projects in the various stages of the planning and development process indicates that the same type and level of construction activity can be expected over at least the next two to three years. The City's image as an upscale community will continue to be enhanced by the operation of its own municipal services resulting in a continuing emphasis of high quality development in the City. MAJOR INITIATIVES The establishment of a new municipal government structure to meet the needs of an existing City resident and business base has required the dedication of elected officials, the City Manager and all employees. The foundation on which to build the government structure has emphasized customer service, one-stop shopping and privatization where appropriate. We will attempt to highlight the primary matters which were accomplished during the 1997/98 fiscal year. Police Department One of the primary reasons for the city to incorporate was to improve the level of law enforcement services. The demand for police services was greater than originally anticipated and the residents and owners desires for further improvement was recognized in the 1997/98 budget where total staffing was increased from 61 to 72 employees. The 1998/99 budget added seven more positions. Virtually all positions added were sworn police officers resulting in a greater concentration on community policing, traffic flow enhancement programs and other direct service to the public. In addition the implementation of computerized systems in the department was aimed at providing officers with the latest available technology. The result has been a proactive, community policing oriented department relying c'~ modern methods and the use of state of the art equipment to perform efficiently and effectively. Revenue Enhancements As a new city, we have worked diligently to obtain all revenue streams which are due the City or where we believe the City would better utilize the revenues than Miami-Dade County. Toward this end, during the 1997/98 fiscal year the City was successful in negotiating an inter-local agreement to obtain its share of franchise fees on electricity, establishing a City stormwater utility fund and establishing an interim services fee. An inter-local agreement with Miami-Dade County was negotiated during the year which allowed the City to obtain franchise fees on electricity which would otherwise go to Miami- Dade County. The agreement called for the city to receive one-half of the franchise fees collected by Florida Power and Light inside Aventura's corporate limits for the 1997/98 fiscal iii year and one hundred percent in all future years. This amounted to $803,000 in City revenue in 1997/98 and over $1.6 million each year in the future. In October 1997, the City began levying stormwater utility fees on all property located within the City limits. The municipal levy was $2.00 per equivalent residential unit per month, the same rate levied by Miami-Dade County in prior years. Revenues totaled approximately $800,000 for the 1997/98 fiscal year. A transfer from the General Fund allowed the City to spend over $1 million on capital improvements to the stormwater drainage system within the City. This was more than Miami-Dade had spent on the system in the past ten years. An interim services fee study was performed by Tischler and Associates, a recognized expert in said fees, to determine the feasibility and financial impact of establishing an interim service fee. Interim services fees are charged to new development to cover operating expenses resulting from occupancy of new residential and non-residential property prior to the date such properties appear on the tax roll at full improved value. The fee became effective on October 1, 1998 and is anticipated to generate approximately $500,000 during the next five years. The franchise fee on electricity and City stormwater utility fee resulted in no increase in taxes or fees paid by City residents; they only resulted in a shifting of receipt from Miami-Dade County to the City. The interim service fee is collected from developers so that the growth in service costs are properly allocated to those who benefit from such growth, the occupants of the newly constructed areas. All of these measures will allow the City to maintain Iow rates and fees while providing a higher level of service to our residents. Capital Improvement Program The City's elected officials and professional staff recognized the need for long range planning in addressing the City's infrastructure needs. The development of such a long range planning document was especially critical to the City because many needed improvements had been neglected by the County prior to the City's incorporation. Therefore, the City Manager and City Commission made the development and updating of the City's first five-year Capital improvement Program (CIP) a priority early in the City's existence and was adopted in the 1996/97 fiscal year. During .the 1997/98 fiscal year, the City reexamined its needs and developed a plan for future action in order to provide the necessary components for the achievement and maintenance of a desirable, high quality of life in Aventura. The 1998 - 2002 Capital Improvement Program was developed, reviewed and adopted during the 1997/98 fiscal year. The CIP identified and prioritized projects with a total cost of over $30 million over the five year period between October 1, 1998 and September 30, 2003. Unlike some Capital Improvement Programs which are only wish lists of what is desired with no real strategy to fund the costs identified, Aventura's is a true financial plan. The CIP includes a review of operating expenses and revenue projections over the five-year period in order to determine the availability of funding and the necessity for debt financing. iv The 1998-2003 CIP was adopted by the City Commission in July 1998 and includes $4.875 million for Stormwater drainage improvements, $10.5 million for construction of the Government Center/Police Station/Commission Chambers, $7.424 million for Beautification Improvements, $2.9 million for roadway and safety improvements and $2.7 million for Park/Open Space purchase. Management Information Systems In order to effectively utilize personnel in all City departments, the need to rely on state of the art computerization has been stressed throughout the City's short history. During the 1997/98 fiscal year, the City implemented a fully integrated central computer system for use by all departments for accounting, purchasing, payroll/personnel, budgeting, building permits, occupational licenses, code enforcement, planning and zoning, fleet maintenance, work order processing and other general administrative functions. Virtually every City employee is connected to the central computer system through personal computers linked through two LAN's. In addition, the Police Department implemented a comprehensive computer system for dispatching, records, and crime reporting. The system also includes laptop computers which communicate directly from anywhere in the City to the Police central computer. FINANCIAL INFORMATION Internal Accounting Control Management of the City is responsible for establishing and maintaining an internal control structure designed to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. All internal control evaluations occur within the at",ve framework. We believe that the City's internal accounting controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions. Budgetary_ Control In accordance with City Ordinance, appropriations are legally controlled at the Department level. Encumbrance accounting, under which purchase orders and other commitments for the expenditure of monies are recorded in the accounting records, was implemented beginning in mid October 1997. Overview of Financial Activity This financial report covers the fiscal year which ended on September 30th, 1998. The City was incorporated in November 1995 and has been in the process of establishing its own V revenue producing laws and establishing the backbone for the future development of the various City Departments. Miami-Dade County collected ad valorem taxes as a part of their countywide municipal service district and paid the costs of certain services during the 1995/96 fiscal year. Further, some permit activities were performed by the County for a portion of the 1996/97 fiscal year. Other revenue sources were not received until the 1997/98 fiscal year. Also, the City contracted for County police and other services for a portion of the 1996/97 fiscal year. Therefore, dollar value and percentage changes between the 1996/97 and 1997/98 fiscal years are not indicative of projected changes in future years. General Governmental Functions For the purpose of this section, general governmental functions are defined to include the General, Special Revenue, Capital Projects and Debt Service Funds. The amount of revenue by sources are summarized below: Increase or (Decrease) from 1996/97 1997/98 Percentage of Revenue Sources Amovnt Total Amount Percentage Locally Levied Taxes Ad Valorem 5,841,669 33.60% 273,068 4.67% Utility Taxes 3,635,209 20.91% 85,833 2.36% Franchise Fees 1.194.519 6.87% 935.497 78.32% Subtotal-Taxes 10,671,397 61.39% 1,294,398 12.13% Licenses & Permits 2,756,432 Intergovernmental Revenues 1,390,596 Charges For Services 512,141 Fines & Forfeitures 667,824 Impact Fees From Developers 773,844 Interest Earnings 515,759 Other 95.395 15.86% 1,388,410 50.37% 8.00% 11,086 0.80% 2.95% 324,583 63.38% 3.84% 625,053 93.60% 4.45% 334,272 43.20% 2.97% 200,506 38.88% 0.55% 43.438 45.53% Total 17,383,388 100.00% 4,221,746 24.29% The increase in ad valorem taxes was the result of increases in taxable value, primarily due to new additions lo the roll. The tax rate was mair,,ained at the same rate as in 1996/97. The increase in franchise fees was due to the receipt of franchise fees on electric, which were received for the first time in September 1998. Receipt of these funds was the result of negotiations with Miami-Dade County. The amount received for 1997/98 is only one-half of the amounts to be received in future years. License and permit revenue increased primarily due to increased building permit revenue above the previous year. The County handled all permit activity for a portion of the 1996/97 fiscal year as opposed to the City performing all building inspection services for the entire 1997/98 year. Charges for services increased primarily as a result of providing police extra detail services for all of 1997/98 versus only a portion of the 1996/97 year. vi Fines and forfeitures increased because we had our own police services in place for all of 1997/98 versus only a portion of 1996/97. Interest earnings increased due to larger fund balances and revenues than the previous year. The amount of operating and capital expenditures by function are as follows: Function8 1997/98 Percentage Am~)t~nt of Total General Government City Commission 75,474 0.41% City Manager 428,026 2.32% Finance Support Services 700,281 3.79% Legal 195,270 1.06% City Clerk 199.814 1.08% Increase or (Decrease) from 1996~97 Amount Percentage 2,498 3.31% 63,061 14.73% 45,765 6.54% (3,037) -1.56% 67.580 33.82% Total General Government 1.598.865 8.66% 175.867 11.00% Public Safety Police Community Development 5,377,697 29.14% 717,189 13.34% 2.924.557 15.85% 1.710.568 58.49% Total Public Safety 8,302,254 44.98% 2.427,757 29.24% Community Services Non Departmental Debt Service 4,585,427 24.84% 2,844,401 62.03% 3,732,473 20.22% (86,633) -2.32% 237.549 1.29% 125.594 52.87% Total Operating & Capital Expenditures 18,456,568 100.00% 5,486,986 29.73% Expenditures increased in virtually every department as a result of the City adding employees to meet resident demands for services. In the Community Development Department, the additional costs of contractual inspection service." was offset by revenue increases over the prior year. The major increase in the Community Services Department are due to capital projects being fully operational in the 1997/98 fiscal year. The major portion of these costs was for Founders Park which opened in November 1998. Fund Balances Fund balance represents the accumulation of resources from prior years to fund future years' budgets and for use as a reserve for unexpected events in the future. The fund balance at September 30, 1998 for the General Fund is $5,941,789, representing approximately 33% of the 1998/99 budget. A major portion of this amount ($2.674 million) is used to fund a capital reserve account in the 1998/99 budget. The capital reserve account may be allocated by the City Commission to fund budget needs in the 1998/99 or later fiscal years. vii The fund balances in each special revenue, debt service and capital projects fund are designated for use for the specific legal purposes of each fund. Retirement Programs The City contributes to three defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401 (a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 12 and 18% of each employee's salary, depending on the employee classification. There are no employee contributions. Employer contributions, excluding rollovers, for the fiscal year ended September 30th, 1998 were approximately $438,000. A defined contribution pension plan provides pension benefits in return for services rendered, provides an individual account for each participant and specifies how contributions to the individual's account are to be determined instead of specifying the amount of benefits the individual is to receive. Under a defined contribution pension plan, the benefits a participant will receive depends solely on the amount contributed to the participant's account, the returns earned on investments on those contributions, and forfeitures of other participant's benefits that may be allocated to such participant's account. In order to encourage employees to supplement the defined contribution plan, a deferred compensation program is also available to all full-time employees. Under this program, employees may voluntarily elect to defer a portion of their salary to future years. Both programs are administered by the ICMA Retirement Corporation under trust agreement. The plan assets are separate and the City does not exercise control over the assets. Therefore, the assets, liabilities and transactions are not included in the financial statements. Financing Programs and Debt Administration The City's only outstanding debt at September 30, 1998 was a line of credit with a local bank. th On December 20 , 1996, the City entered into a non-revolving line of credit agreement with a bank, not to exceed $10 million for the purpose of acquiring sites, constructing and equipping certain capital improvements. The line of credit expires on December 30th, 1999, carries an interest rate of 4.58% and requires only interest payments until December 30th , 1999. On December 30th, 1996, the City drew $3.2 million aqainst the line to acquire land to be used as a site for a park. In January 1998, the City drew $2.8 million on the line of credit to acquire the second parcel of land which will be used for a government center, police station and cultural center. General Fixed Assets Account Group The general fixed assets for the City are those assets used in the performance of general government functions. In accordance with generally accepted accounting principles for local governments, the City does not record depreciation on general fixed assets nor does it record infrastructure assets such as roads, bridges, curbs and gutters, streets and sidewalks, drainage systems, and similar assets that are immovable and of value only to the City. Assets are recorded at cost; donations, if any, will be recorded at fair market value at the date of receipt. As of September 30th, 1998 the cost of general fixed assets totaled $11,064,346. viii Cash Management All funds are centrally managed through the use of a pooled cash account. During the period of the ruport, all funds were held in an interest bearing checking account collateralized through the State Treasury Public Depository program or with the Florida State Board of Administration (SBA) investment pool. Both the checking account and SBA investment pool are fully insured and immediately available and considered as cash and cash equivalents. The total portfolio ranged from $5 million to $12 million during the year. The portfolio averaged approximately $9.9 million with interest earnings of approximately $516,000 resulting from an average return of 5.2%. Risk Management The City is insured with the Florida Municipal Insurance Trust for liability, property and workers compensation coverage. The liability limit under the policy is $5,000,000. OTHERINFORMATION Independent Audit In accordance with Section 11.45(3)(a)(4), Florida Statutes, and Article I, Section 4.11 of the City Charter, the City engaged the firm of Rachlin Cohen & Holtz, Certified Public Accountants, to perform the independent audit of the City's accounts and records. The independent auditor's reports are included in the Financial and Compliance sections. Certificate of Achievement The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Aventura for its comprehensive annual financial report (CAFR) for the fiscal year ended September 30th, 1997. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of a state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized c~mprehensive annual financial report, whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe our current report continues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA. ix Acknowledgements The preparation of this report on a timely basis could not have been accomplished without the efficient and dedicated services of the entire staff of the Finance Support Services Department. We express our appreciation to all members of the Department who assisted and contributed to its preparation. We also wish to thank the Mayor and City Commissioners for their interest and support in planning and conducting the financial operations of the City in a responsible and progressive manner. Respectfully Submitted, Finance Support Services Director ERIC M. SOROKA City Manager HMK/mn City OF Aventura, Florida CITY OFFICIALS SEPTEMBER 30, 1998 CITY COMMISSION Arthur I. Snyder - Mayor Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert CITY MANAGER Eric M. Soroka DEPARTMENT DIRECTORS Harry M. Kilgore, Director Finance Support Services Robert M. Sherman, Director Community Services Brenda Kelley, Director Community Development Teresa M. Sm!th, City Clerk Thomas E. Ribel, Chief of Police CITY ATTORNEYS Weiss, Serota & Helfman, P.A. CITY AUDITORS Rachlin Cohen & Holtz LLP Certified Public Accountants ORGANIZATIONAL CHART CITY OF AVENTURA Residents City Clerk Legal Services ~' dministration Minutes Budget Preparation Records Retention Customer Service Clerical Support Capital Pr_ojects Public Safety Department Police Patml Community Relations Criminal investigations Traffic Enfomement Emergency Preparedness I Community ~ Development IS Planning Zoning Building Inspections Code Enforcement Economic Development Occupational Licenses Finance/Support Services Department Finance/Accounting Pumhasing Risk Management Information Management Personnel Community Facilities Parks/Beautification ROW/Median Maint. Public Works Mass Transit Special Events Recreation/Cultural xii Certificate of Achievement for Excellence in Financial Reporting Presented to City of Aventura, Florida For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 1997 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achiove the highest standards in governn,ant accounting and financial reporting. President Executive Directc}r xiJJ~ THIS PAGE INTENTIONALLY LEFT BLANK FINANCIAL SECTION REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS RCH CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A Partnership Including Professional Associatkms REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Honorable Mayor, City Council and City Manager City of Aventura, Florida We have audited the accompanying general purpose financial statements of the City of Aventura, Florida (the City) as of September 30, 1998 and for the year then ended, as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. Except as discussed in the following paragraph, we conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Governmental Accounting Standards Board Technical Bulletin No. 98-1, Disclosures about Year 2000 Issues, requires disclosure of certain matters regarding the year 2000 issue. The City has included such disclosures in Note 2. Because of the unprecedented nature of the year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. Accordingly, insufficient audit evidence exists to support the City's disclosures with respect to the year 2000 issue made in Note 2. Further, we do not provide assurance that the City is or will be year 2000 ready, that the City's year 2000 remediation efforts will be successful in whole or in part, or that parties with which the City does business will be year 2000 ready. In our opinion, except for the effects of such adjustments, as might have been determined to be necessary had we been able to examine evidence regarding year 2000 disclosures, the financial statements referred above present fairly, in all material respects, the financial position of the City, as of September 30, 1998, and the results of its operations and its cash flows of its proprietary fund type for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated February 6, 1999 on our consideration of the City of Aventura, Florida's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. Home Page: http://www, rchcpa.com ~ One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 oDade (305) 377-4228 o Fax (30o) 377-8331 700 Southeast Third Avenue, Third Floor, Ft. Lauderdale, Florida 33316 o Broward (954) 525-1040 o Fax (954) 525-2004 Honorable Mayor, City Council and City Manager City of Aventura, Florida Page Two Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The combining, individual fund and account group statements and schedules as listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the City. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, except for the effects of such adjustments, if any, as might have been determined to be necessary had we been able to examine evidence regarding year 2000 disclosures, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. Miami, Florida February 6, 1999 GENERAL PURPOSE FINANCIAL STATEMENTS GENERAL PURPOSE FINANCIAL STATEMENTS (Combined Statements - Overview) ASSETS AND OTHER DEBITS Assets: Cash and cash equivalents Accounts receivable Due from special revenue fund Due from other governments Prepaid costs Capital improvements Fixed assets Other debits: Amount available in debt service fund Amount to be provided far retirement of general long-term debt Total assets and other debits IJABILITIES, EQUITY AND O FILER ( I!DITS Liabilities: Accounts payable Accrued liabilitie Due to general fund Deferred revenue Compensated absences payable Line of credit obligation Total liabilities Equity and other credits: Invesunent ill general fixed assets Retained earnings Fund balance: Reserved for: Prepaid costs Debt service Encumbrances Unreserved: Designated roi police Designated 1bt street maintenance Designated fm capilal outlay Designated for subsequent years appropriations Total equity and other credits I'otal liabilities, equity and other credits CITY OF AVENTURa\, FLORIDA COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30. 1998 Governmental Fund Types Special Debt Capital General Revenue Service Projects Proprietary Fund Type Enterprise Groups General General Totals Fixed Long-Teml (Memorandum Assets Deb~t Only) $ 7,046,356 $ 1,500,536 $ 276,573 $ 94,091 367,975 I2,657 121,300 32.395 30,037 $ 7,578,325 $ 1,532,931 $ 276,573 S 94,091 $ 604,914 $ $ 1,042,652 11,064.346 $ 9,522,470 367.975 12,657 153,695 30,037 1,042,652 11,064,346 207,873 207,873 5,987.965 5,987,965 $ 1,647,566 8 II,064,346 $ 6,195,838 $ 28,389.670 $ 711,202 $ 366,580 $ $ 30,633 $ 546,191 35,792 68.700 12,657 379,143 1~636~536 415.029 68.700 30,633 46,063 46,063 650,683 12,657 379,143 195,838 195,838 6,000,000 6,000,00Q 6~195,838 8,392,799 11.064,346 11,064,346 1,601,503 1.601503 30,037 535.174 207.873 30,037 207,873 535,174 518,303 64,425 5,911.752 5,941,789 1~117,902 207.873 S 7,578,325 S 1,532,931 $ 276,573 63,458 63,458 $ 94,09I 518,303 64,425 63,458 5,9II.752 1.601,503 11,064,346 19.996.871 __ S 1.647.566 S 11,064,346 $ 6,195,838 S 28,389.670 CITY OF AVENTURA, FLORIDA COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES 1N FUND BALANCES ALL GOVERNMENTAL FUND TYPES FISCAL YEAR ENDED SEPTEMBER 30, 1998 Governmental Fund Types Special Debt Capital General Revenue Service Proiects Revenues: Taxes $ 10,422,851 Licenses and permits 2,373,757 Intergovernmental 1,390,596 Charges for services 512,141 Fines and forfeitures 126,232 Police impact fees Recreation impact fees Interest 464,256 Miscellaneous 95,395 Total revenues l 5,385,228 Expenditures Current: General government Public safety Community services Non-departmental Capital outlay Debt service: Interest Total expenditures Excess (r'eficiency) of revenues over (under) expenditures Other financing soumes (uses): Operating transfers in Operating transfers out Proceeds from line of credit Total other financing sources (uses) Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) Fund balances, beginning Fund balances, ending $ $ 248,546 $ 382,675 541,592 212,727 561,117 39,006 7,63I 4,866 1,737,117 256,177 4,866 1,449,408 6,535,920 1,468,806 486,729 200,954 4,317,830 914,496 2,844,876 237,549 14,258,693 1,115,450 237,549 2,844,876 Totals (Memorandum Only) $ 10,671,397 2,756,432 1,390,596 512,141 667,824 212,727 561,117 515,759 95,395 17,383.388 1,449,408 6,535,920 1,468,806 687,683 8,077,202 237,549 18,456,568 1,126,535 621,667 18,628 (2,840,010) (1,073,180~ 581,500 356,000 (1,391,704) (341,000) 2,800,000 2,800,000 (810~204) 15,000 937,500 (1,732,704) 2,800,000 2,OO4,796 316,331 636,667 18,628 (40,010) 931,616 5,625,458 481,235 189,245 1031468 6,399.406 5,941,789 $ 1,117,902 $ 207,873 $ 63,458 $ 7,331,022 See notes to general purpose financial statements. CITY OF AVENTURA, ]~LORIDA S1 A I EMENI OI REVENUES, EXPENDI1 URES AND £ HANGES IN 1 UND BALANCES - BUDGE I AND ACTUAL - ALL BUDGEFED GOVERNMENTAL FUND I'YPES FISCAl. YEAR ENDED SEPTEMBER 30, I998 Intergovernmental Licenses and permits Charges lbr services Fines and lbrfeimres Police impact fees Recreation impact fees Interest Miscellaneous Expenditures: Current: General government Public safety Community services Non-departmental Debt service: Principal Interest '[ oral expenditures Excess (deficiency) of revenues over expenditures Other financing sources (uses): Operating transfers in Operating Iransfcrs out Proceeds from line of credit Appropriated fired balance Total other financing sources (uses) Excess (deficiency) of ~cvcnues over expenditures and other financing sources (uses) Fund Balances, beginning Fund ba/ances, ending Budget 9,732,000 $ 10,422,851 $ 690,851 1,130,396 1,390,596 260,200 1,540,000 2,373,757 833,757 436,520 512,141 75,621 112,000 126,232 14,232 Annually Budgeted General Fund Special Revenue Funds Debt Serxice Fund Variance Variance Variance Favorable Favorable Favorable Actual (Unfavorable) Budget Actual (Unfavorable) Budget Aclual (Un favorable~ Budget $ - $ - $ $ 1,000,000 $ 248,546 $ (751,454) $ 338,000 382,675 44,675 234,000 459,332 225,332 58,000 212,727 154,727 561,187 561,117 (70) 220,000 464,256 244,256 39,006 39,006 7,631 7,631 24~000 95~395 71~395 3~000 (3,000) 4~000 (4~0001 13,194,916 15,385,228 2~190~312 1~194,187 1~654,857 460,670 1,004,000 256,177 (747,823} Capital Proiects Fund Variance Favorable Actual (Unfavorable) 8 S 200,000 4.866 (195,134} 200,000 4.866 (I 95,134) 1,655,996 1,598,8 57,131 7,112,>44 6,969,328 143,216 411,600 430,897 (19,297) 6,485,092 4,802,903 1,682,t89 1,177,000 684,553 492,447 2,631,198 887,597 1,743,601 17,884,830 14~258,693 3~626,137 1,588,600 1~115~450 473,150 (4!689,914) 1.126.535 518161449 (3941413) 539,407 933,820 581,500 581,500 356,000 356,000 (1,506,000) (1,391,704) 114,296 (341,000) (34],000) 5,614.414 (5,614,414) 379,413 (379,413) 4.689.914 (810~204) (5,500,118) 394~413 I5,000 (379,413) 554,000 554,000 450,000 237,549 212,451 1~004~000 237~549 766,451 18.628 18.628 7,800,000 2,844,876 4,955,124 7~800.000 2.844,876 4~955,124 (71600,000) (2 840.010} 4,759,990 7,600,000 2,800,000 (4,800,000) 7,600.000 2,800,000 (4 800,000} 316,331 316,331 554,407 554,407 5~625~458 5~625,458 481,235 481.235 - $ 5,941,789 $ 5!941,789 S S 1,035,642 $ 1,035,642 $ 18,628 18,628 189~245 189.245 $ 207,873 $ (40,010) (40,010) 103.468 103,468 207.873 $ $ 63,458 S 63,458 CITY OF AVENTURA, FLORIDA ENTERPRISE FUND STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS FISCAL YEAR ENDED SEPTEMBER 30, 1998 Charges for services Operating income Transfer from other funds Net income Retained earnings, beginning Retained earnings, ending $ 806,299 806,299 795.204 1,601,503 $ 1,601,503 -6- CITY OF AVENTURA, FLORIDA ENTERPRISE FUND STATEMENT OF CASH FLOWS FISCAL YEAR ENDED SEPTEMBER 30, 1998 Cash flows from operating activities: Operating income Adjustments to reconcile operating income to net cash provided by operating activities: Changes in operating assets and liabilities: Increase in accounts payable Net cash provided by operating activities Cash flows from non-capital financing activities: Transfers from other funds Cash flows from capital and related financing activities: Capital improvements Net increase in cash and cash equivalents Cash and cash equivalents, beginning Cash and cash equivalents, ending $ 806,299 46.063 852,362 795,204 (1,042,652) 604,914 $ 604,914 -7- THIS PAGE INTENTION~ILL Y LEFT BLANK NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30. 1998 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Aventura, Florida (the City) was incorporated on November 7, 1995. The City operates under a Council-Manager form of government and provides the following services as authorized by its charter: public safety, highways and streets, culture and recreation, public works and stormwater management. The general purpose financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of ~he City's accounting policies are described below. 1. Financial Reporting Entity The financial statements were prepared in accordance with Statement No. 14, The Financial Reporting Entity, which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constituents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of the elected officials. The financial reporting entity consists of the primary government, organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. The City is financially accountable for a component unit if it appoints a voting majority of the organization's governing board and it is able to impose its will on that organization or there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on, the City. Based upon the application of these criteria, there were no organizations that met the criteria described above. 2. Measurement Focus, Basis of Accounting and Basis of Presentation The accounts of the City are organized and operated on the basis of funds and account groups. A fund is an independent fiscal and accounting entity with a self-balancing set of accounts. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions. The minimum number of funds are maintained consistent with legal and managerial requirements. Account groups are a reporting device to account for certain assets and liabilities of the governmental funds not recorded directly in those funds. The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. -8- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 2. Measurement Focus, Basis of Accounting and Basis of Presentation (Continued) The City has the following fund types and account groups: GOVERNMENTAL FUND TYPES Governmental fund types are used to account for the City's general government activities. Governmental fund types use the flow of current financial resources measurement focus and the modified accrual basis of accounti:~g. Under the modified accrual basis of accounting revenues are recognized when susceptible to accrual (i.e., when they are measurable and available). Measurable means the amount of the transaction can be determined and available means collectible within the current period or soon enough thereafter to pay liabilities of the current period. The City considers revenues available if they are collected within 60 days after year end. Expenditures are recorded when the related fund liability is incurred. Taxes, intergovernmental revenues, and interest are susceptible to accrual. Sales taxes collected and held by the State at year end on behalf of the City are also recognized as revenue. Other receipts and fees become measurable and available when cash is received by the City and are recognized as revenue at that time. The following are the City's governmental fund types: The general fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The special revenue funds are used to account for revenues from specific taxes or other :evenue sources which are designated to finance particular functions or activities in accordance with administrative requirements. The City maintains six special revenue funds; the Police Education Fund, Street Maintenance Fund, Police Capital Outlay Impact Fee Fund, Park Development Fund, Federal Forfeiture Fund, and Law Enforcement Fund. The debt service fund accounts for the servicing of general long-term debt and other long- term obligations. The capital projects fund accounts for the acquisition of fixed assets or construction of major capital projects. PROPRIETARY FUND TYPE The proprietary fund type is accounted for using the accrual basis of accounting. Under this method, revenues are recognized when they are earned, and expenses are recognized in the period incurred. -9- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 2. Measurement Focus, Basis of Accounting and Basis of Presentation (Continued) PROPRIETARY FUND TYPE (Continued) For the proprietary fund, the City has elected to follow all GASB pronouncements and all FASB pronouncements issued on or before November 30, 1989 except for those that are contradicted by a GASB pronouncement. The enterprise fund is used to account for operations that are financed and operated in a manner similar to private business enterprises where the intent of the governing body is for user charges to cover the costs of providing the service. The City has one enterprise fund, the Stormwater Utility Fund. ACCOUNT GROUPS The generalfixed assets account group is used to account for fixed assets of the general government. The general long-term debt account group is used to account for the principal amounts of all general long-term indebtedness of the City and the applicable long-term portion of accumulated unpaid vacation and sick pay benefits. 3. Fixed Assets General fixed assets are not capitalized in the funds used to acquire or construct them. Instead, capital acquisition and construction are reflected as expenditures in governmental funds, and the related assets are reported in the general fixed assets account group. All pm,,hased fixed assets are valued at cost. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Public domain (infrastructure) general fixed assets consisting of streets, bridges, curbs and gutters, sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the City. 4. Compensated Absences City employees are granted vacation and sick leave in varying amounts based on length of service. Amounts not expected to be liquidated with expendable available financial resourccs are reported in the general long-term debt account group. The City's sick leave policy is to permit employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 10-50% based on length of service. -10- CITY OF AVENTURA, FLOR]DA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 4. Compensated Absences (Continued) The City's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. 5. Deposits and Investments The City maintains a pooled cash account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash equivalents represents the amount owned by each fund of the City. Such amounts are reported separately on the Combined Balance Sheet - All Fund Types and Account Groups. Cash and cash equivalents, which are cash and short-term investments with maturities of three months or less, include cash on hand, demand deposits, and investments with the State Board of Administration Investment Pool. Investments are reported at fair value. 6. Deterred Revenue Revenues collected in advance are deferred and recognized as income in the period earned. Deferred revenue consists of prepaid occupational licenses. 7. Long-Term Obligations The City reports long-term debt of governmental funds at face value in the general long-term debt account group. Certain other governmental fund obligations not expected to be financed with current available financial resources are also reported in the general long-term debt account group. 8. Encumbrances Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year end, if any, represent the estimated amount of expenditures to result if unperformed purchase orders and other commitments at year end are completed. Appropriations lapse at year end; however, the City generally intends to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year end are reported as reservations of fund balance since they do not constitute expenditures or liabilities of the current period. 9. Reserves and Designations Reservations of fund balance/retained earnings represent amounts that are not available for appropriation or are legally segregated for a specific future use. The description of each reserve indicates the purpose for which each was intended. -11- CITY OF AVENTUILS_, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 9. Reserves and Designations (Continued) Designations of fund balance indicates that a portion of fund balance has been segregated based on tentative plans of the City. Such plans or intent are subject to change. Unreserved undesignated fund balance is the portion of fund equity available for any lawful use. 10. Property Taxes Properly taxes are assessed as of January 1 each year and are first billed (levied) and due the following November 1. Under Florida law, the assessment of all properties and the collection of all county,' municipal, school board and special district property taxes are consolidated in the offices of the County Property Appraiser and County Tax Collector. The laws for the State regulating tax assessments are also designed to assure a consistent property valuation method statewide. State statutes permit municipalities to levy property taxes at a rate of up to 10 mills ($10 per $1,000 of assessed taxable valuation). The millage rate assessed by the City for the year ended September 30, 1998 was 2.227 mills. The tax levy of the City is established by the City Council prior to October 1 of each year, and the County Property Appraiser incorporates the millage into the total tax levy, which includes Miami-Dade County, Dade County School Board and special taxing districts. All property is reassessed according to its fair market value as of January I of each year. Each assessment roll is submitted to the Executive Director of the State Department of Revenue for review to determine if th rolls meet all of the appropriate requirements of State Statutes. All real and tangible personal property taxes are due and payable on November 1 each year or as soon as practicable thereafter as the assessment roll is certified by the County Property Appraiser. Miami-Dade County mails to each property owner on the assessment roll a notice of the taxes due and Miami-Da& County also collects the taxes for the City. Taxes may be paid upon receipt of such notice from Miami-Dade County, ;vith discounts at the rate of four percent (4%) if paid in the month of November, three percent (3%) if paid in the month of December, two percent (2%) if paid in the month of January and one percent (1%) if paid in the month of February. Taxes paid during the month of March are without discount, and all unpaid taxes on real and tangible personal property become delinquent and liens are placed on April 1 of the year following the year in which taxes were assessed. Procedures for the collection of delinquent taxes by Miami-Dade County are provided for in the laws of Florida. There were no material delinquent property taxes at September 30, 1998. -12- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continaed) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) 11. Budgets and Budgetary Accounting An annual appropriated budget is adopted for all governmental funds with the exception of the Federal Forfeiture Fund (Special Revenue Fund). The budget allocations among the various organizational units is included in the Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual. The City follows these procedures in establishing the budgetary data reflected in the general purpose financial statements. (a) The City Manager submits to the Council a proposed operating and capital budget for the ensuing fiscal year. The budget includes proposed expenditures and the means of financing them. (b) Public hearings are conducted to obtain taxpayer comments. (c) Prior to October 1, the budget is legally enacted through passage of an ordinance. (d) Formal budgetary integration is employed as a management control device during the year for the governmental funds described above. (e) The City Council, by ordinance, may make supplemental appropriations for the year up to the amount of revenues in excess of those estimated. Budgeted amounts are as originally adopted or as amended. The City Council made several supplementary budgetary appropriations throughout the year including approximately $3.5 million in the general fund and $413,000 in the special revenue funds. The supplemental appropriations in the general fund and special revenue funds were primarily capital outlay related expenditures Cor various City beautification projects Additional appropriations in the general fund consisted of those for the acquisition of computer equipment, professional services, and personnel related expenditures. (f) Budgets for the governmental funds are adopted on a basis consistent with generally accepted accounting principles (GAAP). (g) The City Manager is authorized to transfer part or all of an unencumbered appropriation balance within departments within a fund; however, any revisions that alter the total appropriations of any department or fund must be approved by the City Council. The classification detail at which expenditures may not legally exceed appropriations is at the department level. (h) Unencumbered appropriations lapse at fiscal year end. Unencumbered amounts are reappropriated in the following year's budget. -13- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 12. Budget-GAAP Reconciliation The following schedule reconciles the special revenue fund balance in the Combined Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual to the special revenue fund balance in the Combined Statement of Revenues, Expenditures and Changes in Fund Balance: Fund balances (budgetary basis) $1,035,642 Non-budgeted special revenue fund Federal Forfeiture Fund) 82,260 Fund balances (GAAP) $1,117,902 13. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Although these estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. 14. Interfund Receivables and Payables Transactions between funds that are representative of lending/borrowing arrangements outstanding at fiscal year end are reported as "Due from/to other funds". 15. Memorandum Only-Total Columns Total columns on the general purpose financial statements are captioned as "memorandum only" because they do not represent consolidated financial information and are presented only to 5 cilitate financial analysis. The column' do not present information that reflects financial position, results of operations or cash flows in accordance with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. NOTE 2. YEAR 2000 ISSUE The year 2000 issue is the result of shortcomings in many electronic data processing systems and other electronic equipment that may adversely affect the City's opcrations as early as fiscal year 1999. The City of Aventura has completed an inventory of computer systems that may be affected by the year 2000 issue and are necessary to conducting the City's operations. The City recently completed the installation of an integrated data processing and accounting program for ali departments. The accounting and budget system and fixed assets system have been both validated and certified as compliant with regard to the year 2000 issue. The vendor of the program is currently in the validation and testing stage of the Payroll, Miscellaneous Receivables, Building Permits and Occupational Licenses systems. The vendor has represented that these systems are expected to be certified as compliant by the summer of 1999. -14- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSF FINANCIAL STATEMENTS (Continued) NOTE 2. YEAR 2000 ISSUE (Continued) The City has no financial commitment with regards to the remediation of currently non-compliant systems beyond the payments of general maintenance and license agreements to the vendor. Because of the unprecedented nature of the year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. Management cannot assure that the City is or will be year 2000 ready, that the City's remediation eflbrts will be successful in whole or in part, or that parties with ;vhom the City does business will be year 2000 ready. NOTE 3. DEPOSITS AND INVESTMENTS In addition to insurance provided by the Federal Depository Insurance Corporation, ali deposits are held in banking institutions approved by the State Treasurer of the State of Florida to hold public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act, the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer or another banking institution eligible collateral equal to 50% to 125% of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally in the form of U.S. Government and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible tbr covering any resulting losses. Accordingly, all amounts reported as cash and cash equivalents are deemed as insured or collateralized and are, therefore, not subject to classification by credit risk category under the provisions of GASB Statement No. 3. Deposits at September 30, 1998 were $5,975,939. For GASB Statement No. 3 reporting, the City's investments are summarized as follows: Investments not subject to categorization: State Board of Administration Investment Pool Carrying Amount $3,546,531 NOTE 4. FIXED ASSETS Changes in general fixed assets during the year were as follows: Balance September 30, 1997 Additions Deletions Land $3,299,845 $2,823,785 $ Equipment 2,121,068 799,035 Construction in progress 2,031,613 Total $5,420,913 $5,643,433 $__ -15- Balance September 30, 1998 $ 6,112,630 2,920,103 2,031,613 $11,064,346 CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 4. FIXED ASSETS (Continued) Depreciation is not required and has not been provided on general fixed assets. NOTE 5. LONG-TERMDEBT Changes in long-term debt during the year were as follows: Balance Balance September 30, September 30, 1997 Additions Reductions 1998 Line of credit $3,200,000 Compensated absences payable 76,170 $3,276,170 $2,800,000 $ $6,000,000 126,263 6,595 195,838 $2,926,263 $6,595 $6,195,838 On December 20, 1996, the City entered into a three year $10 million non-revolving line of credit agreement with a bank, to be used for public parks and recreation, the acquisition of real property, and the building of a police station and government center. The line which calls for semi-annual interest payments at 4.58% with the principal due at the end of the three years is collateralized by pledged utility taxes. As of September 30, 1998, the line of credit had draws outstanding of $6 million. In December 1998, the City drew down an additional $900,000 on the line of credit. The proceeds were used to purchase a second parcel of land to be used for the building of the government center. NOTE 6. COMMITMENTS AND CONTINGENCIE~ Franchise Fees On June 17, 1998, the City entered into an interlocal agreement with Miami-Dade County (the County). Under this agreement, 50% of the franchise fees collected from Florida Poxver & Light Co. by the County on July 1, 1998, would be remitted to the City. Commencing on July 1, 1999 and every July Ist thereafter, the County will remit all fees collected within the City's boundaries. This section of the agreement will be in effect as long as the Ordinance establishing the collection of these fees is in place. In accordance with the agreement, the County remitted approximately $803,000 to the City for the fiscal year ended September 30, 1998. -16- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 6. COMMITMENTS AND CONTINGENCIES (Continued) Stormwater Fees On March 31, 1998, the City entered into a second interlocal agreement with the County. Under this agreement, the County will administer, bill and collect stormwater utility charges from residents within the City's boundaries. The County will remit all fees collected, less the County's compensation for billing and collection of said charges. The agreement extends for five years and may be extended at that time by mutual consent of the County and the City. In accordance with the agreement, the County remitted approximately $434,000 to the City for the fiscal year ended September 30, 1998. Employment Agreement Effective April 19, 1996, the City entered into an employment contract with its City Manager that provides for an annual salary, adjusted for cost-of-living increases and certain benefits. This agreement is effective for an indefinite term subject to termination of the City Manager by the City Council in accordance with Article III, Section 3.08 of the Charter. The City Manager must provide two months advance written notice of voluntary resignation. Other Agreements In September 1996, the City entered into a non-exclusive agreement with an engineering consulting firm (Consultants) to provide building inspections and plan review professional consultant services beginning November 1, 1996. Pursuant to the terms of the agreement, the City agreed to pay the Consultants 70% of the gross building fees on a monthly basis. The agreement continues through January 31, 1999 and may be extended upon mutual consent of both parties. E '~ase Commitments On May 28, 1996, the City entered into a non-cancelable operating lease for office space. The annual base rent is $212,000 for a term of 42 months. The lease contains an option to extend the term for three successive one year terms. The City is currently negotiating with the lessor to set an expiration date that will coincide with the completion of the City's government center. On November 26, 1996, the City entered into a non-cancelable operating lease for its police headquarters. The annual base rent is $112,000 for a term of 27 months. This lease was extended, commencing March 1, 1999, for an additional 18 months at the same base rent. The lease may be terminated after February 28, 2000 with ninety days notice. The City is the lessee in several other leases including those for office equipment, police cars, and public safety equipment. These leases have various terms ~vith expiration dates through fiscal year 2001. -17- CITY OF AVENTURA, FLORIDA NOTES TO GENERAE PURPOSE FiNANCIAL STATEMENTS (Continued) NOTE 6. NOTE 7. COMMITMENTS AND CONTINGENCIES (Continued) The future minimum lease payments under the various .agreements are as follows: Fiscal year ending September 30: 2000 2001 2002 $359,000 232,000 12,000 $603,000 Lease expense for the fiscal year ended September 30, 1998 was approximately $375,000. RISK MANAGEMENT The City is exposed to various risks of loss related to torts, theft of, damage to and destruction of assets, errors and omissions and natural disasters for which the City carries commercial insurance. The amount of settlements for the fiscal year 1998 and the period November 7, 1995 through September 30, 1997 did not exceed insurance coverage. In addition, there were no reductions in insurance coverage from coverages in the prior year. NOTE 8. DEFERRED COMPENSATION PLAN The City has elected to comply with Government Accounting Standards Board (GASB) No. 32, "Accounting and Financial Reporting for IRC Sec. 457 Deferred Compensation Plans", earlier that the effective date issued by GASB (periods beginning after December 31, 1998). The GASB states that if a govenament complies in an earlier period, GASB No. 32 must be applied in the financial reporting period in which compliance occurs. The City has amended the 457 plan document and set up the administration of the plan under a trust agreement. As such, assets are f~ r the exclusive use of the participants or thc beneficiaries. Additionally, the plan assets are separate and cannot be attached as a result of actions taken by the City. NOTE 9. DEFINED CONTRIBUTION PENSION PLANS Plan Description The City of Aventura is a single employer that contributes to three defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401(a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 12-18% depending on the employee classification. City contributions for the City Manager, Department Directors and Assistant Department Directors vest in the year they are contributed. City contributions to general employees vest beginning after three years of service through year seven in 20% increments. Participants are not permitted to make contributions during the year. The City made contributions to the Plans of approximately $438,000 during the fiscal year. Plan provisions and contribution requirements may be amended by the City Council. -18- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE9. DEFINED CONTRIBUTION PENSION PLANS (Continued) Plan Description (Continued) The Plan's assets are administered by ICMA Retirement Corp. The City does not exercise any control over the plan assets. NOTE 10. CONTINGENCIES Litigation Various claims and lawsuits, which arose in the normal course of operations, are pending against the City. It is management's opinion, based on the advice of the City Attorney, that the outcome of these actions will not have a material adverse effect on the accompanying financial statements. Management also believes that any litigation against the City will be covered by insurance. NOTE 11. SUBSEQUENT EVENTS In November 1998, the City purchased for cash a tract of land for the development of City parks at a purchase price of $2,400,000. In December 1998, the City paid $670,000 representing the final payment for land acquired for the government center. The total purchase price of this land was $3,400,000. -19- COMBINING & INDIVIDUAL FUND STATEMENTS GOVERNMENTAL FUND TYPES GENERAL FUND The general fund is the principal operating fund of the City and is used to account for resources traditionally associated with governments which are not required legally or by sound financial management to be accounted for in another fund. CITY OF AVENTURA, FLORIDA GENERAL FUND SCHEDU[E OF REVENUES AND EXPI NDITURES - BUDGET AND ACTUAL FISCAl YEAR ENUED SEPTEMBER 30, 1998 Taxes: Ad valorem taxes: Delinquent Utility taxes: Electric Telecommunication Water Gas Franchise taxes: Electric Gas Budget Actual Variance Favorable ~Unfavorablc} S 5.860,000 S 5,823,304 S (36,696) 10,000 18,365 8,365 1,835,000 2,162,563 327,563 738,000 755,089 17,089 397,000 400,57I 3,571 75,000 68,440 (6,560) 500.000 803.204 303.204 62,000 73,266 11,266 30,000 35,509 5,509 Sanitation Cable TV Towing Total taxes Intergovernmental: Federal grants State grants Street improvement contract Cigarette tax Alcoholic beverage license State revenue sharing Half cent sales tax County occupational licenses Total intergovernmental revenues Licenses and permits: City occupatio.al licenses Building permits Engineering Total licenses and pernfits Charges for services: Development review fees Recreation/cultural events Police services Other Total charges for services Frees and forfeitures: County court fines Code violation fines Total fines and forfeitures Miscellmleous: Interest Miscellaneous Total miscellaneous Total revenues -20- 155.000 179,992 24,992 45,000 96,083 51,08~ 25,000 6,465 (18,535) 9,732,000 10.422,851 690,851 7,396 7,396 40,000 40,000 226,000 226,000 18,000 21,270 3,270 IO,O00 1,060 (8,940) 140,000 172,248 32,248 855,000 903,714 48,714 60.000 18.908 (41,0921 1,130.396 1,390.596 260,200 451,000 538,781 87,781 1,087,000 1,806,123 719,123 2.000 28.853 26.853 1,540,000 2,373.757 833,757 28,000 88,478 60,478 20,000 53,361 33.36l 386,520 364,449 (22.071 } 2,000 5,853 3,853 436.520 512.141 75.621 108,000 I 16,969 8,969 4,000 9.263 5.263 112,000 126,232 14.232 220,000 464,256 244,256 24~000 95~395 71 ~395 244,000 559,651 315.651 S 13,194,916 $ 15,385,228 S 2,190,312 (continued) CITY OF AVENTURA, FLORIDA (iENE~AL EUND SCHEDULE OF REVENUES ~ND EXPENDITURES - ~UI)G[fI' AND ACTUAL (Conlimied) FISCAL YEAR ENDED SEPTEMBER 30, 1998 Expenditures: Current: General government: City council: Personnel services Operating City manager: Personnel services OperaGng Capital outlay Operating Capital outlay Legal: Operating City clerk: Personnel services Operating Total genera[ government Public sa fkty: Police: Personnel services Operating Capital outlay Community development: Operating Capital outlay Total public safety Comnmnity services: Personnel services Operating Capital outlay Total communily services Non-departmental: Operating Capital outlay Total non-departmental Total expenditures Excess (deficiency) of revenues over expenditures Other financing sources: Operating transfers in Operating Imnsfcrs out Appropriated fund balance Total other financing sources Excess of revenues over expenditures and other financing sources -21- Budget Actual Variancos Favorable (Un favorable) 328,488 324,119 4,369 93,350 96,290 (2,940) 9.000 7,617 1,383 430,838 428.026 2,812 418,002 429,239 (11,2371 145,469 129,202 16,267 1801527 141,840 38,687 743,998 700~281 43,717 205,000 195,270 9,730 88,346 93,256 (4,9101 112,040 106,558 5~482 200,386 199~814 572 1~655,996 1,598,865 57,131 3,961,975 3,969,392 (7,4171 552,265 550,359 1,906 558,529 427,049 131,480 5~072~769 4,946~800 I25~969 490,275 457,674 32,601 1,538,500 1,558,495 (19,9951 II,000 6,359 4,641 2,039,775 2,022,528 17,247 343,952 321,726 22,226 1,154,950 1,I47,080 7,870 6,485,092 4,802,903 1~682~189 516,179 486,729 29,450 2JI5~019 400,868 1~714,151 2,631,198 887,597 1,743,601 17,884,830 14,258~693 3.626,137 (4,689,914) 1.126,535 5,816~449 581,500 581,500 (1,506,0001 (1,391,7041 114,296 4,689,914 (810,2041 (5,5fi0,118) $ - $ 316,331 $ 316,331 $ 28,174 $ 28,154 $ 20 47~600 47~320 280 75,774 75,474 3fi0 SPECIAL REVENUE FUNDS Special revenue funds are used to account for revenues derived from specific sources that are legally restricted to expenditures for particular purposes. Police Education Fund. This fund is used to account for revenues and expenditures associated with the txvo dollars ($2.00) the City receives from each paid traffic citation, which, oy State Statute, must be used to further the education of the City's police officers. Street Maintenance Fund. This fund is used for revenues and expenditures which by State Statute are designated for street maintenance and construction costs. All expenditures are accounted for in the General Fund by designating specific expenditure accounts in the Community Services Department and the Capital Improvement Program. An operating transfer is made to the General Fund to cover such expenditures. Police Capital Outlay Impact Fee Fund. This fund is used to account for impact fees derived from new developments and restricted by Ordinance for police capital improvements. This fund provides a funding source to assist the City in providing police services required by the growth in the City. Park Development Fund. This fund is used to account for revenues and expenditures specifically earmarked for capital improvements to the City's park system. This fund accounts for impact fees derived from new developments and restricted by Ordinance for park capital improvements projects. Federal Forfeiture Fund. This fund is used to account for proceeds obtained from the sale of confiscated and unclaimed property turned over to the City through court judgments. Proceeds are to be used solely for crime fighting purposes. Law Enforcement Fund. This fund is used to account for resources by police department confiscation and expenditures for law enforcement purposes. CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBINING BALANCE SHEET SEPTEMBER 30, 1998 ASSETS Cash and cash equivalents Due from other governments Total assets Police Capital Outlay Police Street Impact Park Federal Law Education Maintenance Fee Development Forfeiture Enforcement Fund Fund Fund Fund fund fund Total $ 4,199 $ 44,687 $ 284,653 $ 868,359 $ 82,260 $ 216,378 $ 1,500,536 32.395 32.395 $ 4,199 $ 77,082 $ 284,653 $ 868,359 $ 82,260 $ 216,378 $ 1,532,931 I.IAB1LITIES AND FUND BALANCES Liabilities: Accounts payable Accrued liabilities Due to general fund Total liabilities Fund balances: Resep/ed for encnmbrances Unreserved: Designated for police Designated for street maintenance Designated for park development Total fund balances Total liabilities and fund balances $ $ $ 9,302 $ 322,129 $ $ 35,149 $ 366,580 35,792 35,792 12,657 12,657 12,657 9,302 357,921 35,149 415,029 150 510,438 24,586 535,174 4,199 275,201 82,260 156,643 518,303 64,425 64,425 4,199 64,425 275.351 510.438 82,260 181,229 1,117,902 $ 4,/99 $ 77,082 $ 284,653 $ 868,359 $ 82,260 $ 216,378 $ 1,532,931 -22- CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FISCAL YEAR ENDED SEPTEMBER 30, 1998 Revenues: Intergovernmental Fines and forfeitures Police impact fees Recreation impact fees Miscellaneous Total revenues Expenditures: Operating Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing uses: Operating transfers in Operating transfers out Total other financing sources (uses) Excess of revenues over expenditures and other financing uses Fund balances, beginning Fund balances (deficit), ending Police Capital Outlay Police Street Impact Park Federal Law Education Maintenance Fee Development Forfeiture Enforcement Fund Fund Fund Fund fund fund $ $ 382,675 $ $ $ $ 3,009 82,260 456,323 212,727 561,117 112 1,944 10,258 18,061 8,631 3,121 384,619 222,985 579,178 _ 82,260 464,954 Total $ 382,675 541,592 212.727 561,117 39,006 1,737,117 135,111 684,553 135,111 684,553 200,954 200,954 94,832 914.496 295,786 1.115.450 3,121 384,619 87,874 (105,375) 82,260 169,168 621,667 356,000 (341,000) {341,000) 356,000 356,000 (341,000) 15.000 3,121 43,619 87,874 250,625 82,260 1,078 20,806 187,477 259,813 4,199 $ 64,425 $ 275,351 $ 510,438 $ 82,260 169,168 636,667 12,061 481,235 $ 181,229 $ 1,117,902 -23- Revenues: Intergovernmental Fines and forfeitures Police impact fees Recreation impact fees Miscellaneous Total revenues ' Expenditures: Operating Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Appropriated fund balance Total other financing sources (uses) Excess of revenues over expentitures and other financing sources (uses) Fund balances, beginning Fund balances, ending CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL (ANNUALLY BUDGETED) FISCAL YEAR ENDED SEPTEMBER 30, 1998 Police Education Fund Street Maintenance Fund Variance Variance Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) $ $ $ $ 338,000 $ 382,675 $ 44,675 1,000 3,009 2,009 112 112 3.000 1.944 (1,056) 1,000 3,121 2,121 341,000 384,619 43,619 Police Capital Outlay hnpact Fee Fund Variance Favorable Budget Actual (Unfavorable) $ $ $ 58,000 212,727 154,727 10,258 10,258 58,000 222,985 164,985 1,000 1,000 1,000 1,000 3,121 3,121 341,000 384.619 43,619 158,000 135,111 22,889 158,000 135,111 22,889 (100,000) 8T874 187,874 (341,000) (341,000) 100,000 (100,000) 100,000 (100,000) (341,000) (341,000) 3,121 3,121 43,619 43,619 87,874 87,874 1,078 1,078 20,806 20.806 187,477 187.477 $ $ 4,199 $ 4,199 $ $ 64,425 $ 64,425 $ $ 275,351 $ 275,351 -24- (Continued) CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBiNING STATEIVEENT OF REVENUES, EXPENDITIFRES AND CHANGES fin FUND BALANCES - BUDGET AND AC~IqJAL (ANNUALLY BUDGETED) (Contim~ed) FISCAL YEAR ENDED SEPTEMBER 30, 1998 Intergovernmental Fines and forfeitures Police impact fees Recreation impact fees Miscellaneous Total revenues Expenditures: Operating Capital outlay Fotal expenditures Excess of revenues over expenditures Other financing sources (uses): Operating transfers in Operating transfers out Appropriated fund balance Total other financing sources (uses) Excess of revenues over expenditures and other financing sources (uses) Funcl balances, begimfing Fund balances, ending Park Development Fund Law Erfforcement Trust Fund Variance Variance Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) $ $ $ $ $ $ 233,000 456,323 223,323 561,187 561,117 (70) 18.061 18,061 8.631 8.631 561.187 579.178 17.991 233,000 464.954 231.954 Budget Totals Actual Variance Favorable (U~ffavorable) $ 338,000 $ 382,675 $ 44,675 234,000 459,332 225,332 58,000 2/2,727 154,727 561,187 561,117 (70) 3,000 39.006 36_006 1,194,187 1.65~.857 460.670 59,718 200,954 1.177.000 684,553 492,447 192,882 94,832 1,17T000 684,553 492.447 252.600 295,786 (615,813) (105,375) 510,438 (19.600) 169,168 (141,236) 60,718 200,954 98.050 1.527.882 914.496 _ (43,186) 1,588.600 1,115,450 188,768 (374~813) 539,407 (140,236) 613,386 473.150 933.820 356,000 356,000 259,813 (259,813) 19.600 615,813 356,000 (259,813) 19.600 356,000 356,000 (341,000) (341,000) (I9.600) 379,413 (19.600) 394,413 15.000 (379,413) (379,413) 250,625 250,625 169,168 259,813 259,813 12,061 $ 510,438 $ 510,438 $ $ 181,229 169,168 554,407 554,407 12.061 481,235 481,235 181,229 $ $ 1,035,642 $ 1,035,642 GENERAL FIXED ASSETS ACCOUNT GROUP To account for fixed assets of the general government. CITY OF AVENTURA, FLORIDA SCHEDULE OF GENERAL FIXED ASSETS - BY SOURCE SEPTEMBER 30, I998 General fixed assets: Land Equipment Construction in progress Total general fixed assets $ 6,112,630 2,920,103 2,031,613 $ 11,064,346 Investment in general fixed assets: General fund Special revenue funds Capital projects fund Total investment in general fixed assets $ 4,186,702 898,423 5,979,221 $ 11,064,346 -26- CITY OF AVENTURA, FLORIDA SCHEDULE OF GENERAL FIXED ASSETS - BY FUNCTION AND ACTIVITY SEPTEMBER 30, 1998 Function General government: Council Manager Finance support services Clerk Total general government Public safety: Police Community development Total public safety Community services Non-departmental Total general fixed assets allocated to functions Land Construction Equipment Progress Total $ 14,997 $ $ 14,997 53,470 53,470 438,026 438,026 27,707 27,707 534200 534,200 2,128,735 2,128,735 88,863 88,863 2,217,598 2,217,598 168,305 1,598,654 1,766,959 6,112,630 432,959 6,545,589 $ 6,112,630 $ 2,920,103 $ 2,031,613 $ 11,064,346 -27- CITY OF AVENTURA, FLORIDA SCHEDULE OF CHANGES IN GENERAL FIXED ASSETS - BY FUNCTION AND ACTIVITY FISCAL YEAR ENDFD SEPTEMBER 30, 1998 General govenlment: Council Manager Finance support services Clerk Total general government Public safety: Police Community development Total public safety Community services Non-departmental Total general fixed assets allocated to functions September 30, 1997 Additions Deletions $ 14,997 $ 46,134 7,336 297,261 740,765 27,707 386,099 148,101 1,492,977 635,758 82,632 6,231 1,575,609 641,989 159,360 1,607,599 3,299,845 3,245,744 $ 5,420,913 $ 5,643,433 $ Balance September 30, 1998 14,997 53,470 438,026 27,707 534.200 2,128,735 88,863 2,217.598 1,766,959 6,545,589 $. 11,064,346 ~28- THIS PAGE INTENTIONALLY LEFT BLANK STATISTICAL SECTION CITY OF AVENTURA, FLORIDA GENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION (1) DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2) TABLE 1 Fiscal General Public Communi~ Non- Capital Debt Year Government Safe~ Se~ices DeoaAmental Outlay Se~ice Total 1995/96 $ 332,840 $ 46,234 $176,794 $107,987 $ 323,387 $ -0- $ 987,242 1996/97 1,122,984 4,377,974 1,589,624 465,192 5,301,853 111,955 12,969,582 1997/98 1,449,408 6,535,920 1,468,806 687,683 8,077,202 237,549 18,456,568 Notes: (1) Includes General, Special Revenue, Debt Service and Capital Project Funds (2) The City was incorporated during fiscal year 1995/96. CITY OF AVENTURA, FLORIDA GENERAL GOVERNMENTAL REVENUES BY SOURCE DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2) TABLE 2 Licenses Charges Fines Fiscal Inter- and for & Year Faxes Governmental Permits Services F~rfeitures Interest Other Total 1995/96 $3,767,199 $208,193 $1,904 $ $ $15,263 $2,027 $3,994,586 1996/97 9,376,999 1,379,510 1,368,022 187,558 42,771 315,253 491,529 13,161,642 1997/98 10,671,397 1,390,596 2,756,432 512,141 667,824 515,759 869,239 17,383,388 Notes: (1) Includes General, Special Revenue, Debt Service and Capital Project Funds (2) The City was incorporated during fiscal year 1995/96. -29- CITY OF AVENTURA, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (3) ($ in 000's) Property (1) Property Delinquent Total Fiscal Tax Tax Net Tax Current Tax Tax Tax Year Levy Disc(.~nt Levv Collection Collection (2) Collection TABLE 3 Percent of Total Tax Collections To Net Tax Levy 1996/97 $5,802 $199 $5,603 $5,561 8 $5,569 99.39% 18 5,841 98.35% 1997/98 6,173 234 5,939 5,823 Source: Miami-Dade County, Florida, Tax Collector Notes: (1) Florida Law allows up to 4% discount for timely payment of property taxes (2) Includes corrections and penalties (3) The City was incorporated during the 1995/96 fiscal. The first year that the City was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year. CITY OF AVENTURA, FLORIDA ASSESED VALUE OF TAX~,BLE PROPERTY (1) DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2) Fiscal Non-Exempt Non-Exempt Total Taxable Year Real Property Personal Property Valuations 1996/97 $2,509,850,919 $ 95,280,080 $2,605,130,999 1997198 2,664,701,818 107,083,192 2,771,785,010 TABLE 4 Source: Miami-Dade County, Florida, Tax Collector Notes: (1) Florida Law requires that all property be assessed at current fair market value (2) The City was incorporated during the 1995/96 fiscal. The first year that the City was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year. -30- CITY OF AVENTURA, FLORIDA PROPERTY TAX RATES - DIRECT AND OVERLAPING GOVERNMENTS (PER $1,000 OF TAXABLE VALUE) DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (1) So. FI. Fiscal Everglades Water FI. Inland Year City School County Projects Management Navigation Total 1996/97 2.2270 10.3660 10.3270 0.1000 0.5720 0.0380 23.6300 1997/98 2.2270 10.4620 9.9930 0.1000 0.5970 0.0500 23.4290 Source: Miami-Dade County, Florida, Tax Collector Note: TABLE 5 (1) The City was incorporated during the 1995/96 fiscal. The first year that the City was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year. Fiscal (1) Year Population 1996/97 20,383 1997/98 20,349(4) Notes: TABLE 6 CITY OF AVENTURA, FLORIDA RATIO OF NET GENERAL BONDED DEBT TO ASSESSED VALUE AND NET BONDED DEBT PER CAPITA DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (3) ($ in 000's) Net (2) Debt Debt Payable Ratio of Net Bonded Assessed Gross Service from Net Bonded Debt Debt Per Taxable Bonded Monies Enterprise Bonded to Assessed Capita Value Debt: Available Revenues Debt Value (whole $) $2,605,131 $ 3,276 $189 $ -0- $ 3,087 0.12% $ 151.45 2,771,785 6,196 208 -0- 5,988 0.21% 294.27 (1) Population is as of April 1 of each year, per the University of Florida, Bureau of Economic & Business Research. (2) Includes all General Long-Term Deb( (3) The City was incorporated on November 1995. Accurate estimates of population were not available until April 1, 1997. For the 1995/96 fiscal year the City was not in existence at the time that assessed taxable value was determined. (4) Population estimate under appeal. -31- CITY OF AVENTURA, FLORIDA COMPUTATION OF LEGAL DEBT MARGIN GENERAL OBLIGATION BONDS SEPTEMBER 30, 1998 Assessed Valuation of Taxable Real and Personal Property Bonded Debt Limit - 10% of above (Note 1) Amount of Debt Applicable to Debt Limit: Total Bonded Debt Less Debt to be Repaid from Utility Tax Revenues: Line of Credit Total Amount of Debt Applicable to Debt Limit Legal Debt Margin (Note 1) Note: $6,000,000 $6900,000 TABLE 7 $2.771.585,010 $ 277,158,501 $ 277.158.501 (1) The City Charter allows revenue bonds to be issued when authorized by the City Commission as long as five of the seven Commissioners members approve the debt. Ad Valorem (general obligation bonds) must be approved by referendum of the electorate. The Charter provides no limit on the amount of general obligation debt; however, the adopted Capital Improvement Program provides that general obligation bonds shall not exceed 10% of the total assessed value of the City. CITY OF AVENTURA, FLORIDA COMPUTATION OF DIRECT AND OVERLAPPING DEBT SEPTEMBER 30, 1998 Jurisdiction Miami-Dade Board of County Commissioners Miami-Dade County School Board Aventura Total ($ in 00 Ts) Percentage Net Debt Applicable Outstanding to Aventura (1) $833,391 (2) 3.40% 853,154 (3) 3.40% 6,000,000 100.00% Note: (1) Based on ratio of assessed taxable value (2) Source: Miami-Dade County, Florida, Finance Department (3) Source: School Board of Miami-Dade County, Finance Department TABLE 8 Amount Applicable to Aventura $ 28,335 29,007 6.000 $63.342 -32- TABLE 9 CITY OF AVENTURA, FLORIDA RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL BONDED DEBT TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2) Ratio of Debt Service to Total Fiscal (1)Total General General Y~ar Principal Interest Other Total Debt Service Expenditure~ ExDenditur~_s 1995/96 $-0- $-0- $-0- $-0- $ 987,242 0.0% 1996/97 -0- 111,955 -0- 111,955 12,969,582 0.86% 1997/98 -0- 237,549 -0- 237,549 18,456,568 Note: (1) Includes General, Special Revenue, Capital Projects, and Debt Service Funds. (2) The City was incorporated during the 1995/96 fiscal year. 1.29% CITY OF AVENTURA, FLORIDA ESTIMATED VALUE OF CONSTRUCTION DATE OF INCORPORATION (NOVEMBER 1995) TO DATE ($ in 000's) Estimated Value of Construction Number of New Number of Fiscal Hgusing Units New Housing Other than New Permits Issued Year Units Housing Units Total 1996/97 (1) 229 $ 55,756 $ 209,760 $ 265,516 1719 1997/98 798 140,775 129,438 270,213 4506 Note: (1) The City began processing building permits for construction within its corporate limits in November 1996. Prior to that date, building permits were processed by Miami-Dade County and information is not available for that period. TABLE 10 -33- CITY OF AVENTURA, FLORIDA PRINCIPAL TAXPAYERS ($ in 000's) FISCAL YEAR 1997/98 Owners Name 1. Aventura Mall Ventures 2. The Bay Club of Aventura 3. Turnberry Country Club 4. Yacht Club of Aventura 5. PCT Biscayne Boulevard Partnership 6. The Prudential Insurance 7. D. Softer & B. Redich TR 8. Summit Properties 9. Miami Beach Health Care Corp. 10. S J Fornary & C Grossman & John A. Weitz, Trustees Type of Business Shopping Center Rental Apartment Complex Golf Course & Hotel Condominium Devloper Shopping Center Shopping Center Commercial Developer Rental Apartment Complex Hospital & Health Care Facilities Shopping C ~.nter TOTAL Source: Tax Roll of Miami-Dade County, Florida Assessed Value $147,500 47,807 39,609 32,458 27,250 26,003 25,707 24,875 22,877 21,885 $415.971 TABLE 11 % of Total Taxable Value 5.32% 1.73% 1.43% 1.17% 0.98% 0.94% 0.93% 0.90% 0.83% 0.79% 15.01% -34- CITY OF AVENTURA, FLORIDA DEMOGRAPHIC AND MISCELLANEOUS STATISTICS SEPTEMBER 30, 1998 TABLE 12 Date of Incorporation November 7, 1995 Form of Government Council-Manager Area 3.5 Square Miles Population per State Estimate* 20,349*** Estimated Ethnic Distribution **' White (Non-Hispanic) Hispanic Estimated Age Distribution **' Under 35 36 - 55 Estimated Average Household Size **: One Two Estimates of Residence Types**: Condo Rental 79.6% 13.7% 26.1% 26.7% 31.3% 44.3% 67.4% 15.4% African American Other 55 - 65 65 - + Three or more Single Family Other Full Time Employees Public Facilities Located within Corporate Limits: Public Parks 0 Open Space Recreation (acres) 0 Public Libraries (Operated by Miami-Dade County) 1 Fire Stations (Operated by Miami-Dade County) 1 Public Tennis Centers 0 Public Recreation Centers 0 Public Schools 0 Police Stations 0 1996 23 1997 96 1 5.5 1 0 0 0 1 *State of Florida, Bureau of Economic & Business Research **Study Titled Aventura Profile, prepared by Milan J. Dluhy, Ph.D, Director, Institute of Government, Florida International University ***Population Estimate under appeal 0.7% 5.9% 13.3% 33.9% 24.4% 9.5% 7.7% 1998 112 1 5.5 1 1 0 0 1 -35- THIS PAGE INTENTIONALLY LEFT BL~INK Z ITl --I COMPLIANCE SECTION RCH CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A Partnership lnduding Professional Associations Report of Independent Certified Public Accountants on Compliance and Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Honorable Mayor, City Council and City Manager City of Aventura, Florida We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as of and for the year ended September 30, 1998, and have issued our report thereon dated February 6, 1999 which was qualified because insufficient audit evidence exists to support the City's disclosures with respect to the year 2000 issue. Except as discussed in the preceding sentence, we conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, non-compliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of non-compliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. -36- Home Page: http://www.rchcpa.com . One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 o Dade (300) 377-4228 · Fax (305) 377-8331 700 Southeast Third Avenue, Third Floor, Ft.Lauderdale, Florida 33316 · Broward (954) 525-1040 o Fax (954) 525-2004 Honorable Mayor, City Council and City Manager City of Aventura, Florida Page Two However, we noted other matters involving the internal conlrol over financial reporting, which accompanies this report in the schedule of findings. This report is intended for the information of the Mayor, City Council and Management. However, this report is a matter of public record and its distribution is not limited. Miami, Florida February 6, 1999 -37- CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A Partnership Including ProfessionaI Associations Management Letter in Accordance with the Rules of the Auditor General of the State of Florida Honorable Mayor, City Council and City Manager City of Aventura, Florida We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as of and for the year ended September 30, 1998, and have issued our report thereon dated February 6, 1999 which was qualified because insufficient audit evidence exists to support the City's disclosures with respect to the year 2000 issue. Except as discussed in the preceding sentence, we conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. In connection with our audit of the general purpose financial statements of the City for the year ended September 30, 1998, we report the following in accordance with Chapter 10.550 Rules of the Auditor General, Local Governmental Entity Audits which requires that this report specifically address but not be limited to the matters outlined in rule 10.554(1)(e): 1. No inaccuracies, irregularities, shortages, defalcations or violations of laws, rules, regulati°ns and contractual provisions were reported in the preceding annual financial audit. 2. The City, during fiscal year 1998, was not in a state of financial emergency as defined by Florida Statute, Section 218.503(1). The City had no deficit fund balances. 3. Recommendations made in the preceding financial statement audit have been addressed. 4. Recommendations to improve the City's present financial management are accompanying this report in the schedule of findings. 5. During the course of our audit, nothing came to our attention that caused us to believe that the City: a. Was in violation of any laws, rules, regulations or contractual provisions. b. Made any illegal or improper expenditures. -38- Home Page: http://www, rchcpa.com One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 oDade (305) 3774228 ° Fax (305) 3774331 700 Southeast Third Avenue, Third Floor, Ft. Lauderdale, Florida 33316 o Bmward (954) 525-1040 · Fax (954) 525-2004 Honorable Mayor, City Council and City Manager City of Aventura, Florida Page Two c. Had improper or inadequate accounting procedures. d. Failed to record financial transactions which could have a material effect on the City's financial statements. e. Had other inaccuracies, irregularities, shortages or defalcations. The annual financial report for the year ended September 30, 1998 has been filed with the Department of Banking and Finance pursuant to Section 218.32(1)(a), Florida Statutes and is in agreement with the audited financial statements of the same period. 7. The City was incorporated pursuant to the constitution of the State of Florida and the Home rule Charter of Miami-Dade County. This report is intended for the information of the Mayor, City Council and Management of the City, and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. Miami, Florida February 6, 1999 -39- CITY OF AVENTURA, FLORIDA SCHEDULE OF FINDINGS CURRENT YEAR'S COMMENTS AND RECOMMENDATIONS 1. Year 2000 Issue The Year 2000 Issue results from a computer's inability to process year-date data accurately beyond the year 1999. Except in recent years, computer programmers consistently have abbreviated dates by eliminating the first two digits of the year, with the assumption that these two digits would always be 19. Unless corrected, this shortcut is expected to create widespread problems when the clock strikes 12:00:01 a.m. on January 1, 2000. On that date, it is possible that some computer programs may recognize the date as January 1, 1900, and process data inaccurately or stop processing altogether. Additionally, it is possible that the use of abbreviated dates may cause failures when systems currently attempt to perform calculations into the year 2000. Recommendation We recommend that you take the necessary actions to remediate or replace, and test all systems that may be negatively affected by the Year 2000 Issue, particularly mission-eritical systems. This project should be monitored closely to ensure completion before mission-critical systems begin to fail. Such failures may be evident before January 1, 2000. If the City were to fail to take timely and appropriate action, it may experience costly and significant application-program failures that could prevent it from performing its normal processing activities which could have a material adverse effect upon the City. Management's Response The City has contacted the City's software provider and they have already begun preparing a systems modification for the year 2000. See Note 2 of the general purpose financial statements. 2. Deposits Condition The City does not deposit checks on a daily basis. Rather, the City waits until a substantial amount of checks are obtained to deposit in the bank. This may cause cutoff problems with cash reporting and certain receivables, as deposits received prior to September 30, 1998, were not deposited until October 6, 1998. Recommendation Daily deposits would be ideal, but if the City's management opts to follow its current practice, an effort should be made to deposit checks received prior to year end, on or before September 30, in order to ensure that receipts received against accounts receivable are posted in the correct period. Management's Response Management has acknowledged the possibility of deposits being recorded in the wrong period. As the majority of the checks received by the City are small amounts, management does not feel that it is practical to make daily deposits. Management has expressed that attention will be paid to deposits made near or on year end in order to ensure proper cutoff of cash, accounts receivable and revenue balances. -40- CITY OF AVENTURA, FLORIDA SCHEDULE OF FINDINGS (Continued) CURRENT YEAR'S COMMENTS AND RECOMMENDATIONS (Continued) 3. Accounts Receivable - Police Off-Duty Services Condition During our testing of accounts receivable collections, it was noted that accounts receivable for certain off-duty police services was being recorded in both the General Fund and a memorandum fund account kept strictly for recording off-duty services. Recommendation We suggest that the City increase its controls over accounting for accounts receivable. The City keeps a memorandum fund for off-duty services which eventually consolidates into the General Fund. The City, when receiving payments for Police off-duty services, should ensure the amounts are posted separately and that receivables and cash are not recorded across funds. Management's Response Management has recognized the possibility of cross-fund recording of receipts for off-duty services and has agreed to increase controls over the recording of these transactions in order to ensure that they are recorded separately. 4. Accounts Payable During our testing of accounts payable, the Finance Director notified us that certain payable disbursements made on October 2, 1998 were recorded in fiscal year 1998 when they should have been recorded in fiscal year 1999. As explained to us, period 6 (the accounting system period representing March 1998) was still open and the entries for those disbursements automatically defaulted to that period, which reduced accounts payable and therefore understated accounts payable as of fiscal year end September 30, 1998. Recommendation The finance department must ensure that after all entries are made to a period (month) that the period is closed in the system and no other entries are made to it. At year end, there should be a review of all accounting periods to ensure they are closed. Management's Response Management has also expressed concern over the importance of certain procedures within its computerized accounting system and will be vigilant over its review of accounting records in order to ensure periods are closed after all entries have been made that are applicable. -41-