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11-28-2000 CC Workshop Agendar! November 28, 2000 Following 9 a.m. Meeting Executive Conference Room AGENDA 1. Library Study * 2. Lehman Causeway Safety Study* 3. 2001 Legislative Session Priorities* 4. Formosan Termites - City Attorney Report * 5. School Report 6. Visioning Session Update 7. Pritikin* (Mayor SnydeO 8. Campaign Practices (Vice Mayor Beskin) 9. Board Reports 10. Other Business Back-up Information Exists * No Workshop in December This meeting is open to the public, in accordance ¥'v'il:h the Americans with Disabilitics Act of 1990, all pcrsons who are disabled and '~ho need special accommodations to participate in this meeting because of'that disability should contact the Office of the Cit>. Clerk, 305-466-8901, not later d~an two dass prior to such proceeding. City of ,Aventura Library Building Program July, 2000 George T. Lawson Library Building Consultant 713 9th Street Ames, Iowa 515-232-5679 Table of Contents Executive Summary and Specific Design Considerations ................................................... 1 Summary Tables Space and Seating Summary ........................................................................................... 4 Collection Capacity Summary ............................................................................. 6 She v ng and D sp ay Schedule ........................................................................................ 8 Spatial Relationships .................................................................................................... 12 Descriptions of Functional Spaces Parking ................................................................................................................................ 13 Exterior Book/Media Return ...................................................................................................... 14 Entry / Vestibule / Lobby ......................................................................................................... 15 Restrooms ............................................................................................................................. 17 Program Room Circulation Services ................................................................................................................. 19 Popular Materials .................................................................................................................... 22 Research Collections and Services ............................................................................................. 25 Children's Services Collections and Services .............................................................................. 28 Storytelling Room Staff Workroom and Offices ..................................................................................................... 32 Staff Room ............................................................................................................................ 35 Storeroom and Custodial .......................................................................................................... 36 General Design Considerations ................................................................................... 37 Executive Summary and Specific Design Considerations In researching the program document a group of issues that affect the project across programmatic lines was identified. For this reason they are called to the planning team's particular attention. Size of Building The building program does not require an expansion of the building foot print except as may be necessary to provide for a drive-up book/media return. The program does require the full enclosure and climate control of the existing courtyard area for use as interior space. Finishes ~e architect is required to review all finishes and make recommendations regarding replacement and/or refinishing. Lighting Lighting is a significant issue in the building. Low light levels, inefficient fixtures and ballasts, clumsy hanging methods, and inappropriate use of track lighting systems are some of the concerns. architect is required to provide the services of a lighting consultant to identify an improved lighting plan for the project. Furnishings It is strongly recommended that the architect's interior design staff or consultant select new furnishings to replace all or nearly all existing furnishings and shelving. The architect's team is to review alt existing furnishings to identify any pieces that may be successfully re-used. In selecting new furnishings, moveable furniture is preferred in every instance over fixed counters and cabinets. The only exceptions are the public service desks and counters with sinks. Changes in Services and Operation The program reflects a number of changes in services and practices now found at the library. These changes reflect the recommendations of residents as reported by the City, officials and representatives of the City of Aventura, the existing branch library staff, and those of the consultant. These changes should not be construed as criticism of the existing library's staff or administration, rather it reflects the fact that the program is probably the first comprehensive look at the facility since its construction. The following is a listing of some of the most significant changes. Zoning of Public Services and Activities The program creates tbree major public service zones, Popular Collections and Services, Research Collections and Services, and Children's Collections and Services. The zoning creates different environments desired by major customer segments. The Popular zone has a higher activity level than the more reflective Research zone. The Children's zone provides for those customers specialized interests and activity level, Public Computer Resources - Adult computer workstations are split into a technology center in the popular zone for high demand e-mail, Internet surfing, and word processing activities with its own service desk, Research data sources are provided in a separate cluster in the reference area and is serviced by the reference staff. Children's computing is provided in their own zone. High Demand Adult Materials An expanded new books section, paperbacks, media, current periodicals and fiction/genre materials are placed nearest to the entry for customer convenience. Business Center A separate space is created to pull together in a visible and convenient location these heavily used research materials, Check in and Reshelving - These staff activities are relocated from the general staff workroom to be part of the circulation desk area. Courtyard Enclosure - The existing courtyard is of limited benefit due to the lack of climate control. Its enclosure will allow more effective use of the space with little loss of function or flexibility. Reference Collection - The adult reference collection is modified in several ways. It is reduced to reflect the relocation of business materials to the business center. It is expanded to include those reference materials now assigned to the young adult collection and some of the materials now located in the ready reference collection. The microform Magazine Collection will be discontinued and replaced with digital format resources. Staff Workspace The existing staff workroom is too small for efficient staff operation. Adequately sized workstation spaces (60 net sf) are provided, It is also appropriate that two nonprofessional and non-supervisory staff share a single workstation. Young Adult - The area designed to serve younger teens is redefined to include only the fiction and periodical materials of special interest to those customers. The existing collection now includes a large segment of reference materials thought to be especially useful in completing homework assignments. This study brings all reference materials back into a single sequence with the expectation that a unified general reference collection will better serve students in their scholastic work. Building Identification The building's Iow profile and mature landscaping effectively make the building invisible to residents as they pass by on Aventura Boulevard and 29th Place. Signage is needed to help the building advertise the important services and significant community investment to be found at the library. Should local ordinances not allow an effective signage ptan the architect should consider the addition of a prominent vertical building feature to identify the library. Program Review In developing the building program the consultant has made a number of significant service and operating decisions that are reflected in the programmatic space allocations and adjacency recommendations. In a number of instances there are other acceptable means to attain the end of effective and efficient library services. The City of Aventura is strongly urged to allow library staff to review the building program before commencing architectural planning. Library staff participating in the program review should be the senior staff that will ultimately operate the facility as either a municipal library or a branch of the Miami Dade Public Library. Coffee Service One feature not included in the program is provision for coffee service. Such a feature is considered an important amenity in some communities. In almost every instance the service is provided by a private sector vendor on a negotiated bid basis. A full coffee shop typically runs between 800 and 1,200 square feet and would not fit in the existing building footprint, Aisc, vendors typically require a location within the building that permits them to operate independent of library hours. If the City is interested in this feature it would require an addition to the building. A coffee cart service is another option that could be employed in the library's lobby without building expansion or significant programmatic implications, though this often not as attractive to vendors as a full shop. Data, Communications, and Power Distribution The project is to include provision of a flexible, integrated distribution method or methods for data, communications, and power distribution. The architect is to provide the wiring pathways and a receptacle plate to accommodate every data, communications, and power function identified in the program. All data ~Dd c. nmmunic~tinn~ n~thway~ ar~ to provide h~nding radii capahl~ nf a~.cnmmndatin0 fiber nptie. ~.ahlp Conduit or other patl~ways must allow for an un spliced home-run from each receptacle to the central site located in the computer systems closet. Each receptacle, each wire, and each terminating conduit or other pathway must be uniquely and permanently identified. The need for specific electrical outlets is detailed throughout the program. In addition to these enumerated outlets the architect is expected to provide a generous distribution of convenience outlets throughout the building. ADA and Accessibility Libraries have a number of specific requirements detailed in the Americans with Disabilities Act beyond those requirements common to all public buildings. The architect is responsible for meeting both the letter and the spirit of those requirements. Space and Seating Summary Programmatic Area Exterior Book/Media Return Square Feet 80 Study Seating Casual Seating Public Yechnology Stations Program Room Seating Entrance/Vestibule/Lobby Restrooms Program Room Circulation - Total Public Spaces Circulation Desk Check,in/Reshelving unassigned unassigned 1,420 9O5 2OO 485 22O 100 Popular Materials - Total Media Technology Center New Books, Display, Paperbacks Young Adult Current Periodicals, Fiction, Genres 3,715 307 765 342 308 1,993 8 1 opac 1 § workstations 4 8 2 opacs Research Collections and Services - Total Reference Desk Area Reference Business/Investment Center Nonfiction 5,495 575 1,680 544 2,696 18 8 12 6 workstations 2microformr/p 1 Kurzweil 2 opacs 4 Space and Seating Summary Programmatic Area Square Feet Study Seating Casual Seating Public Technology Stations Program Room Seatir~g Children's Collections and Services - Total Entry Desk Area Young Child Area Elementary Area 2,844 905 699 1,240 4 16 6 workstations 2 opacs 6 Storytelling Room 370 20 Staff Workroom and Offices 1,779 Staff Room 66O Storeroom 600 Net Library Service Program 17,868 66 18 28 workstations 7 opacs 2 microform rip I Kurzweil 120 Architectural Requirements - unassigned space: 25% of Gross 5,932 Gross Library Space Requirement 23,800 Public Collection Capacities I ~_ Existing Proposed Collection Linear Feel Linear Feet Adult - ~ppular_Collec~ions IVide° -- 96 If ~_Audiobook 150 36 If 9O ~Comoa~:t Discs 6 If 18 If /Audi~ocassettes 6_If 12 New Books 24 l~ 90 IE I ]-opical Dish ays Q 24 If I Paeerbacks ! Yo'ung Adult Books 137 LL 150 If ~u3cZud~s classics) 91 If 120 If ~ Young Adult Periodicals 9 If 12 If f8 titles) (12 titles~L Current Magazines 105 If 120 If (105 titles) fl 20 titlesL Current Newspapers 18 If 24 If (12 titles) (16 titles) Large P~oks 120 If 180 If '~_arge Prin~ Periodicals 9 If 12 If Large Print Display 6 Jf 12 If Fiction 1,458 If 1.470 Genre Fiction 396 if 420 if (Mystery. Western. Science Fiction) Total 2.517 If J~esearch Collections J~Leference 759 If ____ 720 If Ready Reference 198 Lf 120 If Back Issue Maoazines 18 If J~ack Issue Newspapers 52 If 72 If ~Business Books 15 If 120 If Business Magazines, Newspapers, 18 If 24 T~bloids 18 titles Nonfiction 3.129 If 3,132 If Biography 210 If 216 If ~(]_to Read Kits 3 If 18 If n Lanauaoe Books and Tapes 90 If 108 If L_Total- 4.495 If 4.566 If B Public Collections Capacities J Existing Proposed Colle~;tion Linear Ec,~L _£inear Feel t_Children's ~ Collections ~Jew Books 27 rf 48 I1 T~) pical .Displays 0 24 Audio Cassettes ,3 Lf shelve with audio books _Kits 6JJL 9 If Videos __ 60 If_ JAudioboobs 9 if 30 If _.Reference 141 If 144 If Parent)ne 15 If 15 If Current Magazines 15 If 24 If fl 5 titles) f24 titles) Total 276 If 414 If Young Child Collections Board Books 4 If 8 tf Picture Books 117 If 144 If Readers 27 If 54 If Total 148 If 206 Juvenile Collections Fiction 261 If 300 If _Paperbacks [ 15 If 30 If Nonfiction/BioGraphy 660 If __ 660 if Foreign Langua(]e 33 If 60 If TQtal 969 If 1.050 If 7 Shelving and Display Summary Number of Number of Shelves Sections or per Section Depth Square Collection Other_Units Height Includ~na Base of Shelf ND~e_s Feet Adult Popular J~ate£i~s Video _ lO 66"_ 5 6" slantc~d shelves AudiobooJ~ . 6 66" 5 J~." [ slanted sh ¢.[~es 72 Compact Disc .... 2 ..... two tiered bins 50 AudLoc~sc~L~s 1 two tie~r~d bins 25_ Media Subtotal 19 ...... 26~ New Books 6 66" 5 10" ~ slanted display 72 ....... shelving Topical Book Display 2 double faced book 50 display units with ....... place f~r.gr~4)h cs __ P. aped;)J~cJts 10 ¢z6~'_'_.: 6 6" slanted sh~l~cs 120 New, Display, PB 18 242 Subtotal YA Books ..... 8 66" 5 10" 96 YA Periodicals 1 66" 4 12" lift-up periodical 12 __ display shelving YA Subtotal 9 108 Current Magazines 10 66" 4 12" lift-up periodical 120 displa¥~J3~Iving Current Newspapers 2 66" 4 12" lift-up periodical 24 display shelving with hinged ..... plexigtas~;£~vers ~La[gc~_Print Books 11 66" 5 12" _ 1 Large Print 1 66" 5 10" 12 Magazines Large Print Display 1 double faced book 25 display units with place for graphics Fiction 70 84" 7 10" 840 _G.¢~ EoJ:bct [Qr) _ 20 84" 7 10" _. __~0_' New Per, bP, Fiction 115 1,393 ~ubto~al ..... Zotal _ ~ 6~ .................. ~ I 2 Shelving and Display Summary C~[~ction Researc~h Ready Reference_ ~q~:[~Le.~n c e Books Back Issue Magazines Back Issue Bu ~iQ~sAJ3oo k s Business Magazines, Newspapers, Number of Single-Face Sections or Units Height BO 66"_ 2 4 84" 66" Number of Shelves per Section Including Base 4 6 Depth of Shelf 12' 12" 10' 10" 10" 10" periodical display shelving Square Feel 720 24 48 24 2.088 144 72 Shelving and Display Summary Number of Number of Shelves I Single-Face per Section Sections or Including Base Depth Square e~'s ;hild ooks 1 double-faced bins 2,5_ 3ooJ~s 16 48" 3 19" slotted sheiv~3_g 192 6 48" 3 12" slotted shelving 72 _ 23 289 COUP_ cI~s 2 66" 5 6" slanted shelvino 74~ ~a/BJpgraphy 44 66" 5 10" 528_ La~kCuag~ 4 86" 5 10" 48 70 840_ ;zl~s~_ 4 66" 4 12 __slanted shelves 48 Display 2 double faced book 50 Audiobook 1 _._ 66" _ 3 rods per &eg:;tion 12 ._ 8 66"~ 5 6" .slanted sh elwes 9~ ¢J~s~ 2 66" 5 6"_ slanted shelves 24 ~ ~ 2 66 ,, 4 12 ,, L4_z~ ~ 1 66" 5 12" 12._ Magazines 2 66" 4 12" lift-up periodical 24 _. [ 32 --__ 410 Collection Dhildref Young Collections Board..E~oo ks Picture Bo Readers Total Entry, Topical Dis Audiocassettes Referent Parentine Current Mac Total I0 Staff Shelving Number Number Number of Shelves per of Other SingJe Face Section Depth Storage Square Collection Sections Heioht Includino Sase of Shelf Units Notes Fe~t Circulation Book 4 72" 5 10" 48 Sale Circulation Desk - 4 72" 6 12" 48 back counter area Circulation Check- 8 84" 7 12' 96 Jn/reshelviqg Workroom 3 72" 5 24" industrial shelving 36 Deliverv sh~lvlng Workroom shared 12 84" 6 12" 144 shelvina Asst. Director's 2 72" 5 10" wood 24 Office Director's Offi6e 2 7~" ,5 10" wo~d 24 Storeroom 8 7g' ~ 18" industrial shelvJnq 11 Relationship of Library Spaces As a guide, the following core relationships are provided. Relationships within the larger areas are described in the narrative description of library spaces. The architects will want to consult with the staff and the consultant during development of the schematic plan to verify that the scheme devised is successful. Building Area Primary Relationship Secondary Relationship Exterior Book/Media Return Circ Check-in/Reshelving Entry/Vestibule/Lobby Program Room Youth Services Restrooms Circ Desk Public Restrooms Public Restrooms Lobby, Program Room Children's Children's Desk Staff Staff Room Program Room Lobby Popular Materials Circulation Desk Lobby Popular Materials Staff Workroom Children's Popular Materials Lobby, Circulation Fiction/genre, current periodicals, and young adult should provide a transition to the research collections and services Research Fiction/genre, current periodicals, and young adult components of oopular materials Children's Storytelling Room Lobby Circulation Popular Materials Storytelling Room Children's Young Child Area Lobby Staff Workroom and Offices Circulation Children's Staff Entrv/Receivino Staff Room Staff Room Staff Workroom Storeroom Staff Workroom l? Parking Functional Description Lighted off street parking is provided for the public's convenience. Design and Layout Issues The existing parking lot is appropriate to service library parking requirements. The lot's layout may require modification to enable the creation of a drive-up material return feature. Signage: Handicapped and staff parking spaces Adjacencies Primary: Entry Staff Entry staff parking 1.3 Exterior Book/Media Return 80 square feet Functional Description A driver's-side drive-up drop for patrons returning materials to the library. Design and Layout Issues A driver's side, drive-up return that deposits directly into the building is desired if the site plan allows. The interior return room shoutd be located as part of or as near as possible to the reshelving/check-in room. If possible, an exterior pavement tevel higher than the interior floor level facilitates increased capacity. Two keyed return slots are required (print and media). Verify height in consultation with staff. The return room must be fire rated and have a floor drain. If site logistics do not allow a drive up return that deposits directly into the building, a walk up in- building return should be provided with the same attributes. Signage: Books, AV Materials Adjacencies: Primary: Circulation Check-in/Reshelving Furnishings Item ~uantit~ depressible carts 2 Engineering Issues Security: keyed returns, fire rated room, floor drain 14 Entry/Vestibule/Lobby Square feet - Unassigned Component Space Summary Lobby Unassigned Functional Description This area provides a welcoming entry for the public to the library facility. It provides information about the library and the community. The lobby serves both the library and program room independently, Design and Layout Issues A new sign for the building that will be readily seen by motorists is desired. The building exterior entry area is to provide the following features: Exterior bench Exterior pay telephone Trash receptacles and sand urns Lighted exterior message board Automatic door openers The lobby should provide the following features: Walk-off system for shoe soil Interior bench for patrons waiting for rides Recessed, wall mounted rack for pamphlets/brochures with keyed storage below Drinking fountain Bulletin board, keyed under glass Donor recognition display and dedication plaques Public pay telephone Space for the seasonal display of tax forms Theft detection sensor panels on library side of doors exiting to lobby Two interior return slots, (print and media materials) that empty into the Circulation Reshelving/Check in area may be located in the lobby or as patrons approach the Circulation area depending on schematic design. Signage illuminated exterior name of library lighted exterior message board Adjacencies: Primary: Secondary: Circ Desk Children's 15 Furnishings exterior bench interior bench dedication plaque donor recognition plaque bulletin board keyed bulletin board(s) literature rack(s) exterior trash receptacle exterior sand urn tax form rack Ogantity 1 1 1 1 1 1 1 1 1 1 Shelving - none Engineering Issues Telephone Outlets: Electrical Outlets: Security: one exterior outlet convenience outlets for housekeeping power to theft detection panels theft detection panels 1R Restrooms Square Feet - Unassigned space Component Space Summary Two public restrooms Children's restrooms Staff restrooms Unassigned Unassigned Unassigned Functional Description Restrooms provide for the convenience of customers and staff. Design and Layout Issues All restrooms are to be reviewed and renovated to meet all ADA requirements. In the children's department the two restrooms may be combined as a single occupant restroom if necessary meet space limitations and to provide compliance. · The number of women's fixtures should reflect the high percentage of library users that are female. · Toilet stalls should be spacious. Please review stall hardware with staff. · Diaper changing stations in every public restroom · Package shelves · Paper towels dispensers for staff, hand blowers in public restrooms · Sanitary product dispensers and disposal fixtures · Automatic fixtures in public restrooms, standard fixtures in the staff restroom · Deadbolts for all public restroom doors · Floor drain · Tile on floor and wails · Ceiling hung partitions for ease of cleaning · Vandal resistant finishes and fixtures Signage: ADA requirements Adjacencies: Staff restrooms - Staff room Public restrooms Program room, lobby Children's restrooms Children's public service desk Engineering Issues Security: deadbolt locks Plumbing: floor drains access panels to any valves located in the wall HVAC: good ventilation 17 1,420 square feet Program Room Functional Description The program room provides space for children's programs, other library programs, and for community meetings. Design and Layout Issues The existing program room seats approximately 1 O0 in a theater style arrangement and is appropriately sized for the library's meeting and program requirements. The existing ability to open the room to the courtyard for additional capacity is only rarely needed such as in the instance of heavily attended children' programs. The provision of more than one session for such infrequent popular programs (perhaps once a year) will compensate for the elimination of this feature. The existing storage closets and service counter are also appropriate. A more complicated issue resulting from the enclosure of the courtyard is the ability to use the program room outside of regular library hours. Although this access is only employed when the space is used for elections, in its current configuration users may have access to the public restrooms through the courtyard while the library proper remains secure by the locking of two sets of doors. If the courtyard is enclosed and used for library services and collections another provision will need to be made to allow for meeting room participants to have access to the restrooms during after-hours use. The architect and electrical consultant are to review the room's media and technology capabilities with the City. It is certain that additional data, telephone, and power receptacles are required. Signage: review with staff Adjacencies Primary: Lobby, Popular Materials Furniture review existing for replacement or re use Engineering Issues Telephone Outlets: Computer Outlets: Media Capabilities: Electrical Outlets: Lighting: Review quantity and location with staff and consultant 1R Circulation Services 905 square feet Functional Description The circulation desk is the primary point of contact for most library users. Library users come to the circulation desk to check out materials, return books and pay fines, register as a borrower, and ask for directions. Staff at this desk provide the central point of control for the entire library, Design and Layout issues Public Spaces The public space adjacent to the circulation desk should include: · a recessed alcove provides for a photocopier with a sorting table with room for stapler, scissors, punch, tape dispenser ·space and data/electrical receptacles for two self-check stations · a counter or table for customers to complete registration materials · shelving for on going book sale materials · three bins for distribution of free newspapers/tabloids Circulation Desk Area The desk should provide three public service stations arranged to uniquely identify each station. Two stations are at a standing height, the other at ADA height which will also serve young children and as the registration station. Each station is to provide for a telephone, a microcomputer with monitor, laser bar code scanner, receipt printer, 3M equipment, and an under counter depressible bin for books returned at the counter. A cash register is to be located at the front desk accessible to the staff stations. Two counter height stools and one task chair are needed. Floor treatment should reflect long hours spent by staff standing behind the desk. The desk should conceal the back of the equipment and cabling at each station, Drawers and below counter storage at each station is to be reviewed with staff in the design development stage. Pass-throughs should allow the easy and immediate movement of staff and book carts from behind the desk to the public floor. A recessed back counter area should be located off to one side of the front desk with convenient access to all of the front desk stations and should provide a telephone, public address controls, sixteen card file drawers; below counter cupboards for supply storage, room for two book carts, four sections lg of shelving, and four bins on the floor to hold materials to be returned to other libraries. This area should be readily accessible to the staff but not be immediately visible to the public. Check-in/Reshelving Area This area is to be immediately adjacent to the circulation desk and allow staff checking in materials to see the circ desk while keeping the clutter out of ¥iew. Staff should be able to move from the check-in area to the public floor without going behind the circulation desk. Two slots (books and media) should allow patrons to return materials after entering the building and for those materials to deposit into depressible bins in this area. The slots are to be located in the lobby or the circulation area but not at the circulation desk. One check in station is located at a standing height table. The station is to include a PC, barcode scanner, 3M equipment, and a wheeled stool. Space is needed for eight sections of shelving, three depressible bins and six book carts, Signage: Circulation Desk Self check Book Sale Copier Adjacencies Primary: Secondary: Lobby, Staff Workroom Popular Materials, Children's Furnishings Item wheeled stools task chair clock registration counter circulation desk back counter depressible book bins copier side table check in workstation self check stands newspaper bins 3 1 1 1 1 1 3 1 2 2 3 2O Shelving Number Number Number of Shelves per of Other Single-Face Section Depth Storage Square Collecti~q Sections Helqht Includlno Base of SI]~[f Unit~ Note~ Feet C[rculaoon - Book 4 72" 5 10" SaJe 48 Circulation Desk 4 72" 6 12" Engineering Issues Telephone Outlets; Computer Outlets: Electrical Service: Public Address: 3 at circulation desk I at back counter 1 at check-in/reshelving workstation I at each of 3 circulation desk stations 1 at back counter 1 at checkqn/reshelving workstation 1 at each of 2 self check stations 2 duplex at each of 3 circulation desk stations 2 duplex at back counter 2 duplex at check in/reshelving workstation 2 duplex at each of 2 self check stations service for copier in alcove 3M equipment at public service desk and check-in desk locate at back counter 21 Popular Materials and Services 3,715 square feet Functional Description - The Popular Materials area provides easy customer access to the most popular print and nonprint materials. Collections included in this area include new books, media, paperbacks, young adult, fiction and fiction genres, current periodicals, and collection marketing displays. Design and Layout Issues Within the popular materials area there are several logical groupings of collections and services: Media Collections - As browsing collections the media area includes only the collection shelving/display pieces. One public catalog stations is needed. Technology Center - A technology center with sixteen customer workstations provides access to the Internet, word processing software, and other popular computer applications. A technology assistance desk should provide one public service station. The station is at a seated height meeting ADA requirements. Provide easy egress from the desk as staff often need to go with patrons to the collections. The station should include a microcomputer with monitor, telephone, cash drawer, pencil drawer, box and file drawers, the exact requirements to be reviewed in design development by the interior designer in conversations with the staff. Two system printers are to be located at the desk. All printing from public workstations in the building come to these printers. New Books, Displays, and Paperback Fiction - One public catalog station is needed for these collections. Two upholstered bench seating pieces provide for brief seating while customers are browsing these collections. Young Adult - The young adult collection is focused on the fiction and periodicals of interest to this special customer segment, Study and research needs of young adults is provided in the general reference and nonfiction areas. General seating is to include four over stuffed lounge chairs with occasional tables. The young adult area should be defined by the layout of furnishings, architectural elements, and feature elements to create an identifiable space with a bright, open, relaxed atmosphere. Elements that might be used in crafting this effect include signage, graphic art, banners, display pieces, overhead pieces, and furniture style. The architect and interior design team will want to explore these issues with the staff and consultant. Provide a tackable surface for the posting of teen news and displays. 72 Current Periodicals, Large Print, Fiction, Genres Eight lounge chairs and occasional tables and four two place tables provide seating for those using the current periodicals, large print, and fiction/genre collections. Two public catalog stations should be located to serve users of the large print and fiction/genre collections. Signage: Technology Center Technology Service Desk Sign each collection Range guides Adjacencies Primary: Notes: Lobby, Circulation Fiction/genre, current periodicals, and young adult should provide a transition to the research collections and services Furnishings Item Quantity service desk 1 task chair 1 computer workstations 1 6 computer workstation chairs 16 upholstered benches 2 lounge chairs 8 occasional tables per layout two-place study tables 4 table chairs 8 catalog stations 4 tackable surface 1 Engineering Issues Computer Outlets: Electrical Outlets: 3 at service desk 1 at each of 4 public catalog stations 1 at each of 16 computer workstations 2 duplex at 3 service desk locations 2 duplex at each of 16 computer workstations 2 duplex receptacles at each of 4 public catalog station 1 duplex at each of 4 study tables Shelving Number of Single-Face Number of Shelves Sectio~)s or , per Section Depth Square ~ollection Other Units Heioht Including Base of Shelf _Notes Feel Adult ~opula[ Mate[[als -- VJdeo 10 66' 5 6" slanted shelves 120 Audiobook 6 66" 5 6" slanted SI'LeI~LOS 72 Compact Disc 2 two tiered bins ~ Audi°cassettes two tiere~LbJns ?~ ~edia Subtotal ~9 267_ New Books 6 66" 5 70" slanted display 72 sheLving Topical Book Display 2 double-faced book 50 display units with place for gra9hics ~aDerbacks --_ 10 66" 6 6' slanted shelves 120~ New, Display, PB 18 242 Subtotal YA Books 8 66" 5 10" 96 YA Periodicals 1 66" 4 12" lift-up periodical 12 displav shelving YA Subtotal ~ --- 10[ Current Magazines 10 66" 4 12" lift-up periodical 120 displav shelving __ Current Newspapers 2 66" 4 12" lift-up periodical 24 display shelving with hinged Dlexiolass covers Large Print Books I 1 66" 5 12" 132 Large Print 1 66" 5 1 O' 12 ~agazines Large Print Display 1 double-faced book 25 display units with place for graphics Fiction 70 8Zl" 7 10" 840 Genre Fiction 20 84" 7 10" 240 New Per, LP, Fiction 115 1,393 Subtotal ~tal 161 I 2.o10 Research Collections and Services 5,495 square feet Functional Description - The research portion of the library includes the reference, business, and back-issue periodical collections along with technology support. This portion of the library is intended for more reflective activities. Design and Layout Issues There are four component pieces in the research area of the library: Reference Desk and Desk Area The reference desk should provide three public service stations. Two of the stations are to be at a standing height with wheeled stools, one at a seated height with task chair meeting ADA requirements. One station is to be equipped with a TDD device. Provide easy egress from the desk as staff often need to go with patrons to the collections. Each station should include a microcomputer with monitor, telephone, pencil drawer, box and file drawers, the exact requirements to be reviewed in design development. A back counter provides space for two system printers, visible file, and four card file drawers as well as providing ten sections of ready reference shelving. A copy center near the reference desk is to be located in an office system panel alcove with two photocopiers and side table with room for stapler, scissors, punch, and tape dispenser. Reference Collection, Services, and Seating Six public computer workstations located immediately adjacent to the reference desk provide access to digital reference sources, business sources, and the library catalog. Reference area study seating is to include six two-place tables and one glazed six-place study room with keyed lock set. The study room is to be plainly visible from the reference desk. One other study room type space is needed to house a Kurzweil reader, an enlarging viewer, and a chair. In addition to the general reference shelving provide: · one double-faced index table · one dictionary stand · two atlas stands · two four-drawer files · two microfilm reader/printers · four microfilm storage cabinets · Note the existing Magazine Collection will be replaced by on-line access to back-issue periodicals. 25 Business/Investment Center A well signed and uniquely identifiable business/investment center provides specialized research materials of interest to a large number of library customers. Print materials are stored and displayed on shelving and tWo double-faced index tables. Business digital resources are provided at the main cluster of reference computer workstations. Four two place tables provide general seating for customers in the business/investment center. Nonfiction Collection and Seating Seating for customers using the nonfiction collection includes six two-place study tables, Two public catalog stations provide collection access. Signage: Reference Desk Business/Investment Center Nonfiction Range Guides Copy Center Adjacencies Primary: Fiction/genre, current periodicals, and young adult components of popular materials Furnishings service desk back counter task chairs wheeled stools copy center enclosure side table two place tables six place table /study room) table chairs computer workstation computer station chairs four-drawer files dictionary stand atlas stand double faced index tables index table seating microfilm reader/printer stand/table microfilm storage cabinets public catalog stations Kurzweil reader stand enlarging viewer stand/table 1 1 1 2 1 1 16 1 41 6 6 2 1 2 3 12 2 4 2 1 1 ?~ Shelving Number of Single-Face Sections or Back Issue Back Issue 2 4 Business Magazines, Newspapers, Foreign Language 6 Number of Shelves per Section Including Base Depth o f~Sl~lf 6 12" 6 10" periodical display shelving Square __ Fe~L __ 120_ __720 24 48 __ 120_ 24 ~,088 __ 72 Engineering Issues Telephone Outlets: Computer Outlets: 3 at public service desk 5 at public service desk I at each of 2 public catalog stations 1 at each of 6 computer workstations 1 in study room 1 in Kurzweil room Electrical Outlets: 2 duplex at 5 public service desk locations 2 duplex at each of 2 public catalog stations 2 duplex at each of 6 computer workstations 2 duplex in study room 2 duplex in Kurzweil room 1 duplex at each study table 27 Children's Collections and Services 2,844 square feet Functional Description The children's department provides the collections and services designed for library users from birth through early middle school as well as parents, teachers, and other care givers. The children's staff provide reader's guidance, reference, and programming services sought by these users. Design and Layout Issues The children's department should have a sense of identity and a sense of separation from the adult portions of the library. The seating, collections and services are to be grouped in three major zones; Entry/Desk, Young Child, and Elementary. Entry Area · Public Service Desk A single place public service desk (furniture, not millwork) is to be a sitting height piece. The workstation should provide for a microcomputer, printer, telephone, task chair and room for the librarian to work on other tasks as well. Room is needed for one book cart. · tackable wall surface · display of new books and seasonal features · recessed, wall-mounted rack for brochures and fliers · two public catalog stations · six computer workstations, seating at each workstation should allow two users · shelving and display for collections Young Child Area · The architect is to investigate and recommend an interior treatment that creates an exciting and up-lifting atmosphere for the library's youngest customers and their care givers · tackable wall surface · one four-place child height table · four comfortable seats for parent with child seating · shelving and display for collections · An activity area is provided for very young children visible from the public service desk. The activity area is part of the department's open landscape and includes a small puppet theater and puppet storage, one small table for game and puzzle activity with storage/display of same, and four imaginative seating pieces The Elementary Area · tackable wall surface · four four place study tables · shelving for the fiction and nonfiction collections ?R Signage: Children's Each major collection Range guides Restroom per ADA Adjacencies: Primary: Secondary: Storytelling Room, Circulation Lobby, Popular Materials Furnishings item public service desk task chair tackable walI surfaces literature display child size four-place table child height table chair computer workstation computer workstation seating young child imaginative seating parent with child comfortable seating small puzzle/game table puzzle/game table seating puppet theater four place study table study table chair public catalog stand 1 1 3 1 1 4 6 12 4 4 1 2 1 4 16 2 Engineering Issues Telephone Outlets: Computer Outlets: Electrical Outlets: 1 at public service desk 1 at public service desk 1 at 6 computer stations 1 at 2 public catalog stations 2 duplex at public service desk 1 duplex at each study table 2 duplex at each of 6 computer stations 2 duplex at each of 2 public catalog stations 2.9 Shelving Number of Number of Shelves Single-Face per Section Sections or Including Base Depth Square _Co~ection ... Units ._Weight of Shelf Notes Feet Children's Young Child Collections _ Board B.o~)~ks 1 double-faced bins 25 Picture BQPkS __ 16 48'; 3 12" sk)tted shel~ng 192~ Readers 6 48" 3 12" slotted shelviqg Total _. 23 __ 289_ Juvenile CoJ]~ctions Fiction ...... 20 66" 5 10" 240 Paperbacks 2 66" 5 6" slanted slzcj yin e N on fictioq/E~iQ~u:aph ¥ 44 66" 5 10" 528 _~J'¢ig n Language 4 66" 5 10" 48 Total 70 Entry/Desk Coll¢~ctions New Bo~Es 4 66" 4 12 slanted shelves Topical Display 2 double-faced book 50 display units with ........ place f~r araDhics Audiocassettes shelve with na Audiobook .~i_ts I 66" 3 rods per se~;tion 12 __Videos 8 66" 5 6" slanted shel~/es 96 Audio bnqb. s 2 .~6" 5 6" slanted shelves 24 Reference 12 66" ___ 4 12" 1A~ Parer~L[Dg 1 ___ ~6" _5 12" 12 Current Magazines 2 66" 4 12" lift-up periodical 24 .... dis[)lav shelvine Total .... 32 410 Storytelling Room 370 square feet Functional Description The storytelling room provides space for regular children's programs. Special large programs will be held in the main library program room. The existing storytelling room with modifications is to be re-used. In the unlikely event the building layout permits, it would be ideal if this activity could be relocated in adjacency to the Young Child Area of the Children's Department. The room should seat 20 children on the floor or provide for four folding tables, with space for the presenter at the head of the room. The room would greatly benefit from the addition of a storage closet for craft supplies, tables and chairs, and a media cart. No space has been allocated for this purpose but it is hoped that the architect may find room for this purpose in the unassigned space allocation. The architect is requested to review room finishes, furnishings, and lighting. The room should provide for a variety of media capabilities including a telephone outlet, data outlet, and ceiling mounted projection screen. Room lighting should be controlled for various presentation needs, All of the shelving and storage now located in the room should be removed. Signage: Storytelling Room Adjacencies: Primary: Secondary: Children's Young Child Area Lobby Engineering Issues Telephone Outlets: Computer Outlets: Electrical Outlets: Lighting: one one 1 duplex on every wall replace with controlled fixtures R1 Staff Workroom and Offices 1,779 square feet Functional Description An open office environment will allow the library to adjust space allocations and furnishings to reflect future requirements. Design and Layout Issues A single door will provide both for Staff Entry and Deliveries. The branch receives daily deliveries from the other libraries, UPS, the Postal Service, and others. The delivery room door should facilitate the use of two wheeled trucks. A call buzzer or phone is needed for deliveries to announce their arrival. The delivery room area requires three sections of industrial shelving to hold book bins, space for two book carts, and floor space for large boxes. Depending on the layout of the building this space may be part of the general building storeroom. One standing height Receiving/Mail work table is needed for preparation of out-going mail and for sorting in coming mail. The work table should also provide for a fax machine, a twenty-four slot staff mail box, bulletin board, storage for mail supplies, and a large waste basket. Room is needed for one book cart. The general workroom will have in a Common Space a copier, sorting table, four free-standing supply cupboards, six four-drawer files, one flat file, one castered typing stand, twelve sections of standard library shelving, one white board, one bulletin board, a wall clock, a small safe, and a first aid kit. A counter with sink and cupboards is also required. One work table with task chair is needed for Processing and Mending and for laying out large projects. The work table should allow for a task chair; equipment such as a paper cutter, a 3 hole punch, an assortment of s~aplers; and a working quantity of supplies (such as book jackets on pull out shelves, glue, tape, media containers) stored convenient to the work surface. Twelve general staff workstations should each provide for a microcomputer, printer, bar code scanner, telephone, and task chair. Some of the individual stations will be shared by support staff. A Systems Closet requires a keyed lock-set. Three rack mount fixtures are required for the library's data systems central equipment and for telephone system processor. The systems closet should provide a controlled climate and isolated, grounded power. The "closet" should be sized to allow easy access to the rear of the rack mounts. The architect and electrical engineer should carefully review the requirements for systems with the library staff and library consultant. The Assistant Director's office requires a workstation to accommodate a microcomputer, printer, telephone, task chair, two side chairs, one four drawer file, two sections of shelving, room for one book cart, and bulletin board. The Director's office requires a workstation to accommodate a microcomputer, printer, telephone, task chair, project table with four chairs, one four-drawer file, two sections of shelving, room for one book cart, bulletin board, and coat closet. Signage: Staff Workroom Adjacencies: Primary: Secondary: Furnishings Circulation, Storeroom Children's, Staff Room Item Quantitv staff workstation 1 4 work table 1 task chairs 1 5 prelect table 1 project table chairs receivino table copier stand 1 sortino table 1 storaoe cabinet counter with sink 1 clock 1 bulletin board 2 four-drawer files flat file 1 white board 1 bulletin board staff mail boxes 1 tvDino stand 1 rack-mounts safe 1 first aid kit 1 Shelving Number Number Number of Shelves per of Other Single-Face Section Depth Storage Square Collection Sections Heiaht Includina Base of Shelf Units Igotes Feet Deliverv Room 3 72" 5 24" industrial shelvina ~ Shared workroom 12 84" 6 12' 144 shelving Assr. Director's 2 72" 5 10" wood 24 Offi¢~ Director's Office 2 72" 5 10" wood 24 Engineering Issues Telephone Outtets: Computer Outlets: Electrical Outlets: Plumbing Other 1 at each of 14 staff workstations block and processor in systems closet verify telecommunications requirements for data systems with staff 1 at each of 14 staff workstations one at receiving/mail table one at mending/processing table review requirements for systems closet 2 duplex at each of 14 staff workstations 1 duplex at receiving/mail table 1 duplex at mending/processing table 2 duplex et counter review requirements for systems closet sink at counter buzzer or call box at delivery/staff entry door 3,4 660 square feet Staff Room Functional Description This space provides for the personal needs of staff and secure storage of personal belongings. Design and Layout Issues The existing staff room and kitchen provides adequate space for staff. The architect is to review finishes and furnishings, ADA accessibility for restrooms, and provide a telephone, Signage: Staff Room Adjacencies Primary: Secondary Staff Workroom ,3,5 Storeroom and Custodial 600 square feet Functional Description The storeroom grovides space for custodial supplies, general library storage such as bulk office supplies, equipment, cleaning supplies, furnishings parts, and storage for the Friends book sale inventory. Design and Layout Issues The area should include a work table with two chairs, two keyed storage cabinets, mop sink, shelving as specified, and open floor space for storage of bulk items. A concrete floor is to be sealed. There three existing custodial closets that should be retained, Signage: Storeroom Adjacencies Primary: Staff Workroom Furnishings Itm~ O~tJ:Ly work table 1 table chairs 1 keyed storage cabinet 2 Shelving Heiaht Number of Shelf Number Number of Shelves per of Other Single-Face Section Depth Storage Collection Sections Includina Base Unit~ Squar1 Notes Fee industrial shelving I J Engineering Issues Electrical Outlets: HVAC: Plumbing: one duplex at worktable other convenience outlets room is to be climate controlled mop sink ~R General Building Design Considerations This section provides recommendations regarding specific design considerations, building components, and equipment requirements, The public library provides an array of services to a varied constituency. The library service paradigm and service methods can be expected to change with some frequency now and in the future. An open, flexible structure that can respond to changing needs is very important. Public libraries also present a number of very specific programmatic requirements. Building design must respond to these needs to allow effective, efficient operation of the library, The public library is a significant and permanent representation of a community's values. The building's design should engender a sense of permanence and pride. A warm atmosphere should invite the public to enter and feel at ease using the services and resources provided. Even though aesthetics are very important, the actual function of the facility must be the overriding consideration. Programmatic needs and operational costs must be a constant concern. Durability and ease of maintenance justify a higher initial investment to reduce ongoing operational costs. The building and its furnishings shall comply will all applicable codes, laws, ordinances and other legal requirements, Particular attention should be called to the Americans with Disabilities Act which has very specific requirements and general requirements applicable to public libraries. See Federal Register/Vol, 56, No.144/July 26, 1991/page 35520. Regulations of the Americans with Disabilities Act affect the design, construction, and modification of all public buildings. The architect is responsible for ensuring strict compliance with both the letter and the spirit o~ the ADA as enacted and as subsequently interpreted. Though the act broadly covers ali aspects of access, it provides for several issues specific and/or common to libraries: Shelving Aisle Widths - 42 inch aisles are preferred though 36 inch aisles are permitted. Shelving Height - There are no height restrictions for shelving a×napt for display (new) periodicels. A maximum height of 48 inches is preferred but 54 inches allowed where a lateral approach is possible. Seating at Tables, Carrels, Counters - At least five per cent or a minimum of one of each element must meet specifications for clearances, access and reach. Public Service Desks - Every public service desk must provide a 36 inch portion of the desk/counter that is no higher than 36 inches as well as meeting clearance requirements. Card Catalogs A maximum height of 48 inches is preferred but 54 inches allowed where a lateral approach is possible. Signage - Contrast, symbology, size, Braille and other requirements apply 1Io permanent designations. R7 General Requirements for the Architect 4. 5. 6. The architect will preside at a meeting prior to the commencement of schematic design work with the library director, library building consultant, and the library planning team to review the building program document and suggest any changes, additions, or modifications. The minutes of this meeting will detail any changes agreed to and become an addendum to the program document. It is assumed that all plans and specifications prepared by the design team conform to the building program document as adopted or as amended. The architect will call to the library's specific attention any omission of program requirements in architectural plans or specifications. Schematic and design development drawings submitted for approval will include all shelving, furnishings, and equipment noted in the building program document. The library director and library building consultant will be provided copies of all documents and drawings. The architect will provide "cut sheets" for all fixtures, specialty items, and furnishings for the library director and library building consultant prior to the selection of those items for the project. The architect will preside at a meeting or meetings of the electrical and mechanical ,engineering consultants with the library director and the library building consultant to review the working drawings and the selection of all fixtures. The architect will provide detailed minutes of all design and construction meetings attended, The architect will collect, review for accuracy, and turn over to the library "as built" drawings for alt project work as well as all warranties, operating manuals or instructions, and specification sheets for all equipment and fixtures installed as part of the project. These items are to be organized in a binder(s), presented to the library, and verified as complete. Exterior Issues Aesthetics The building should reflect the community's sensibilities and be compatible with the context of its location. Public Access The entrance should be highly visible from all approaches. Approaches should be provided for users arriving by automobile or motorcycle, bicycle, by foot, and for drop-off traffic. Curb cuts must be provided from parking areas and public streets. A ground level entrance assures ease of access for all users and facilitates staff functions. Parking There will be on-site automobile and motorcycle parking for public and staff. There should be signed designation of staff parking and of handicapped parking as required by code. The parking lot should be included in the landscape plan. Green space with trees and other plantings shoul!d be used to relieve an otherwise unbroken sea of concrete and vehicles. Racks for bicycles will be provided near the entrance. Racks should be located so as not to impede pedestrian traffic. A drop-off area, set back from traffic flow, should provide for the short term parking of two vehicles. Landscaping The landscape plan should provide a pleasant setting for the building. The plan should be simple in layout and in the number of varieties specified. All plant varieties are to be hardy and requiring a minimum of care. Approaches to the building and the parking lot should be an integral part of the landscape plan. Stones, gravel, or other hard, loose materials are not acceptable, Low maintenance ground cover is preferred to grass. Beds of flowers are not appropriate because of the care required. The landscape plan should provide for the screening of exterior mechanical and refuse areas. Exterior Signage An attractive illuminated sign will be provided to announce the library's presence. A lighted hours of operation and message board will be provided at the building entrance. Signs should be provided to identify the book and media returns. All signage will be designed by the architect or under the firm's direction for inclusion in the general contract. Exterior IVlaterials All exterior building materials should have a permanent or durable finish as to not require frequent painting, staining, or other maintenance, The use of wood should be kept to a minimum. Exterior Lighting The parking lot, public entrance, staff entrance, service and emergency exits should be well lit at dusk and at night. All exterior lighting should be controlled by photocells. Fixtures specified should use long-life lamps, Any bollard lamps employed should be vandal resistant and parts should be available locally or through a regional distributor. Utility Outlets Keyed outlets for water and electricity should be located on all sides of the building. Hose bibs should be self-draining. Security The landscape, building, and lighting plans should seek to reduce vandalism and to enhance the personal safety of public and staff. Interior Issues Design Structure The building should be designed on the module principle consistent with 42" shelving aisles. The bay must be as large as the 5udget allows and must reflect the three foot standard library shelving module. Some program areas such as the entrance area or meeting room may call for bays different from the standard module. ~ln int~.rinr Inad h~aring walls will he ancepte~L Interior walls must allow for flexibility in the future configuration of services. When necessary, interior columns should be placed for minimum interference with circulation, visibility, and furnishing layouts. All floors must be capable of supporting fully loaded 92" high book stacks. Minimum floor loading must provide for 150 pounds per square foot. Lighting Switch locations and fixtures selected wilt be reviewed with staff prior to Library Board approval. Lighting levels i:n public libraries are a significant issue that must be systematically addressed by the architect. A considered combination of controlled natural lighting and artificial lighting should provide appropriate, glare free illumination for the standing browser and seated reader. Specia! care is to be taken to prevent veiled reflection or glare in areas where monitors or microform equipment is in use. Lighting levels should be as follows: Public study areas - 30 to 40 foot candles measured horizontally at desk top level. May be augmented by task lighting where appropriate. Public service counters/desks - 50 foot candies measured horizontally at work surface. Shelving ranges 6 foot candles minimum measured vertically at 12" off the floor and 30 foot candles maximum measured vertically at any height to achieve approximately a 5 - 1 maximum to minimum ratio across the entire stack face. Microfilm, video viewing areas - 30 foot candles measured horizontally at work surface. Staff workrooms/offices - 50 foot candles average measured horizontally at desk height. Conference or study rooms - 30 to 40 foot candies measured horizontally at desk top level. Large meeting rooms 40 foot candles average with all lights on, separate controls for lighting of podium area at front of room. Lighting shoufd be damnable or switchable to produce 2 foot candles for note taking during media presentations. Note taking light should not spill onto projection screen or monitors. Fluorescent fixtures using Ionglife warm white lamps should be used for all interior lighting. Electronic ballasts should be used whenever possible. Metal halide or high pressure sodium lamps should be used with caution because of their poor color rendering and consistency, warm-up time, and potential for glare. Occupancy sensors should be considered for infrequently used spaces. Special effect lighting is only appropriate for display areas, The variety of fixtures and lamps must be kept to a minimum to simplify the supply, inventory, and maintenance processes. Incandescent fixtures are only appropriate for closets and similar applications. Fixture layout in the public areas should whenever possible, provide the required lighting level regardless of shelving or seating arrangements. Independence of lighting levels and furnishing layouts is a desired goal. Ease of lamp replacement is important. All fixtures should be easily accessible using ladders. Twenty-four hour path lighting should be provided in all major areas of the building. Emergency lighting is to be provided in all areas of the building to meet or exceed code requirements. A master switching panel is to be located in the staff areas of the public service desk or workroom. Use of circuit breakers for this purpose is not appropriate. Each major area of the building is to be separately controlled and the controls permanently labeled. A master switch should provide that the entire building's lights may be switched with ease. Individual rooms must have switched lighting. An alternative description of desired lighting levels is taken from Jeffrey Scherer's, AIA, article lights and ) ihra~ELe~_in the journal Library Hi Tech, Volume 17, Number 4, 1999, pp.358 371. J3~e~ Measured Level Recommended Level I ~,efer~nce stacks HorizontalJy at 42 in. 70 ESI General collection stacks vertically on bottom shelf (12 in.) 30 fc /Note: a min. of 10 fc on the Iow~ ,shelf) Adult general reading area tables with task lighting Within space at the task 30 ESI task at readino table Horizontally at 36 in. 50 fc ..... Long t~30~ stlJdy reading areas Within space at the task 70 ESI .... CjJzlw[ation desk Within space at the task 70 ESI StaJ[JL~eJszLce points Within space at the task 70 EBI Ioverall) Computer workstatio~ Within space at the task 30 ESI Staff workstations Within space at the task 75 ESI (Exception: when major staff tasks are related to computer, thi~J-tO3Jl~:Ldroo to 30 ESI with user~clntrolled task lightingl lTV rooms (with note taking) Horizontally at 36 in. 10-15 fc (Note: three gun video projection requires black out of room, L~tEoin~ires should be. high. ctlto~'f, parabolic type) .... Audio lisl~ninfJ stations Within space at task 30 fc _ View,Ling stations - microform Within space at task 10 ESI Auditoriums~ At fl~or 15 f¢ Grouo study rOCLEO~_ within snace at task 75 ESI Individual and two place study rooms within space at task 30 ESI (general level) (Note: i¢clude task lighting controlled by customer) (Note: a min. of 30 fc at desk height and a max. of 50 fc is recommended) __ Corridors (Between ~nclcsed roomsl Within snace at the floor 10 ESI Corridors IBetween ooen area~L Within soace at the floor 20 ESI Stairways Within soace at the floor 20 ESI RestrocLo~.. Within soace at the floor 15 ESI Lobby snaces Within si}ace at the floor 15 ESI Elevators Within the soace 10 EBI 47 Notes: Foot candles are on the horizontal or vertical surface ESI is the Equivalent Spherical Illumination for the volume of the space Lighting sources should not be visible surface or monitors or on the horizontal surface of tables Electrical Service The number and location of all electrical outlets will be reviewed with the staff to determine adequacy. Adequate electrical service will be provided for both present and future configurations of equipment. Evenly spaced runs of wall, counter, and floor outlets should be provided in work rooms, public service desk areas, media areas, and catalog areas to create maximum flexibility. Flush, capped floor outlets are to be provided in a grid that enables planned deployment of equipment as well as flexibility for future needs. Electrical service to the systems room for library automation equipment should be provided from an grounded, independent breaker panel. Uninterrupted power supply equipment will be provided as necessary by the library at the central site. Architects should review with staff to identify equipment that may require special fixtures or power requirements. Theft detection system electrical service and wiring conduit should be pirovided at the circulation desks and the entrance/lobby. All supply and breaker panels shall be permanently labeled. Breaker panels shall be keyed. Heating/Ventilation/Air-conditioning Adequate heating and air-conditioning with proper control is essential, with particular attention to quiet operation, Controls, vent locations and other mechanical elements must not conflict with the complete flexibility of the furnishing layout. Review all locations with staff prior to Board approval. Thermostats must provide zoned control for all public areas and independent control for individual rooms, Thermostats in pubIic areas must be secure from tampering, Special attention should be paid to small rooms such as study rooms or microcomputer and media labs. No license shall be required to operate any of the mechanical equipment. All equipment, panels, pumps, and supply piping shall be permanently labeled. All mechanical service, hardware, and mechanical equipment should be locally available. Entrances There will be only one public entrance/exit, at ground level with no barriers to those with disabilities. Automatic lateral door openers shall be provided. Doors 4,3 All exterior doorways should have an overhang with proper drainage to keep snow and rain from the immediate area; They should be at ground level, with flush thresholds, and present no obstacle to wheeled carts. All interior doors should be at least 36"wide. Closer, kick-plates, and hold-back hardware for all doors should be reviewed with the staff. All passage doors shall have a glass panel for :safety. Windows Window location must not affect layout and use of shelving, furniture, and equipment. Selected windows in all public and staff areas should open to allow ventilation in the event of mechanical failure. Window hardware should allow only staff operation, Windows should be located if possible to admit winter sun and be shaded from the summer sun. Glare from sunlight is to be avoided. Window lites should be non glare or tinted and should be insulated or triple glazed. All frames should include a thermal break design, IVlaterials/Finishes/Colors Public libraries are high traffic buildings and, like other public buildings, subject to some abuse. Libraries also have little money for maintenance and replacement. Because of this dichotomy the materials and finishes selected during construction should emphasize durability, long life, and Iow maintenance. Any higher initial costs may be justified by the reduction in operating costs as well as the aesthetics. A holistic approach should be used in selecting colors used in the building to include building fixtures, furnishings, carpeting, and all other surfaces. This is most easily accomplished by including the project's interior designer in all of these discussions. All materials, finishes, and colors selected must be reviewed by the staff and approved in writing by the Library Board. Doors, counter fronts, outside corners, and so on will take a beating and should be protected by caps, moldings, plates, or other hardware. Counter tops receive significant wear and should be surfaced with extremely durable material such as granite or Corian, Color-core should be specified when laminate is used. Children will climb on, knock over, run into, or pull down anything offered to them. Rounded corners are always a good idea. Carpeting should be used in the entire building except in the entry, lobby, rest rooms, mechanical and store rooma, custodial areas, and any extremely high traffic areas. Carpet specified should be a high quality, commercial grade of high density. Carpet for computer rooms should be anti static. Materials and colors should be selected for Iow maintenance and the ability to mask soiling. Carpet should be glued to slab, A pad should be specified only in single purpose child Storytelling areas. If carpet tiles are used the adhesive employed should allow lifting and replacement of tiles. Recommended floor coverings for non carpeted areas: Entrance, lobby, restrooms - Ceramic tile, quarry tile, brick pavers. Custodial, storage, mechanical, - sealed concrete receiving, garage Storage closets, service corridors resilient tile Telephone Telephone service to the building and its terminating block should be located in an area suitable for the siting and installation of a local telephone system processor. Two duplex electrical outlets should be provided at this location. The library may select and acquire a local telephone system processor and telephone sets separately but all internal wiring for telephone service throughout the building is to be included in the general contract, The architect must review with the staff locations specified for telephone service. Atelephone for public use should be installed in the [obby and meet all ADA requirements. Public Address A public address system will serve the major areas of the building, both public and staff. The amplifier and microphone will be located in the circulation desk area. The system shall be zoned so that public announcements may be targeted to one of the following specific building areas or any combination of areas: meeting rooms; general public areas; staff areas. Local Computer Systems Provision must be made for the library's circulation/catalog computer system and other networked systems. Provision of space for central site equipment as terminus of the resulting local network is described in the body of this document. Conduit is to be run from the workroom to all indicated locations, All conduit is to provide turning radii capable of supporting fiber optic cable. All wall plates; cables, and terminating conduit for computer system wiring shall be legibly and permanently labeled, Emergency Systems A comprehensive security system should provide detectors on all external doors and motion detectors in strategic internal locations. The system should be tied to the Police or security service panel as apprctpriate. An external arm/disarm control should be located at the staff entrance. The main system panel should be located in the circulation staff area. The panel should be able to indicate which device or zone has been tripped. 45 A fire alarm system should be provided and tied to the Fire Department's panel if possible. Product of combustion and heat sensing devices should be located as appropriate. The main panel should be located in the circulation staff area and be able to indicate which device or zone has been tripped. Emergency exit doors should be equipped with either exit alarms or electromagnet devices that hold the doors closed except when released by the fire alarm's activation or when specifically overridden. The electromagnets can be wired not only to the fire alarm system but also to the burglar alarm panel so that the panel's zone bypass switches can be used to switch the electromagnets as well. Signage/Graphics Signage should be utilized throughout the building to provide direction and to identify major service areas, individual offices, and specific functions or features. A general building directory is required. Signage for each shelving range is also included in the project's scope. The signage should be attractive, legible, and an integral part of the interior design. Signage selected should t3e serviced or produced locally. Stack signage should be able to be modified on site. Clocks Clocks should be provided in all general staff workrooms, staff room, meeting room, and in general public areas as necessary for easy visibility. Consult with library staff to determine whether battery operated clocks or a central clock system is preferred. Furnishings The architect should work with the library staff to determine the type and quantities of existing furnishings that may be used in the new facility, especially workrooms and storage areas. Moveable furniture is pre~erred to fixed millwork with the exception of primary public service desks. Shelving Most people come to the library to use the collections. Their library experience can be determined in great part by the shelving that organizes and displays the collection, by the layout and appearance of the shelving itself. Shelving may represent the largest expenditure the library will make for equipment or furnishings. Obviously care should be taken with the selection and arrangement of the shelving. Sway-braced of welded metal frames with wood end panels are recommended. Review preferences with staff if canopy tops are to be installed. If selected, canopy tops may be metal for 84" and taller shelving, all otl~er heights should use wood tops. For durability o"[ finish and the ability to maintain the required loads, only the highest quality shelving should be used. In the preparation of specifications Library Bureau and Wilson shelving should be used as the baCe standard. Shelving LayoUt Shelving must be arranged to provide the public a logical sequence and flow for each collection. Shelving must be arranged to provide staff at the primary and children's public service desks a clear line of sight and the maximum visual supervision of aisles in the shelving layout. This is to aid both patron assistance and security. Shelving ranges should be at least 15 feet in length (5 sections) and no more than 21 feet in length (7 sections). Double faced, free-standing ranges are preferred over single faced, wall mounted shelving in public areas. Single faced shelving is most useful in an office or workroom setting. Main aisles should be 60 inches wide and side aisles 42 inches in width. Millwork Custom millwc~rk should be kept to a minimum. Standard furniture and furnishings available in modular units Should be used whenever possible to enable response to changing service needs and future expansion. Storage cabinets and counters in staff workrooms should be free-standing and modular. They should be able to be moved without major disruption to the walls whenever possible. Furniture Furniture selection should emphasize durability and maintenance as well as appearance, Strength of construction aqd the ability to replace components should be a prime consideration. Standard, stock items should be specified. Budget permitting, a small inventory of replacement parts and materials should be included in the specifications, it is helpful to provide this additional stock so that replacements will be from the dye lots or manufacturing runs, The following items and amounts are recommended: Wall Coverings 3 percent Ceiling Tile 3 percent Carpet 3 percent Vinyl Tile 3 percent Wall Base Trim 3 percent Ceramic Tile 3 percent Paint 5 percent Table chairs should be of all wood construction. Upholstered pieces should use fabric not vinyl. Upholstery that can be removed on site is advantageous, Partitions used in office landscaping should be standard, modular units rather than custom units. Moveable furniture and equipment must be equipped with carpet casters. 47 Staff should be allowed to inspect and evaluate furnishing selections whenever possible prior to approval. Equipment The library will independently acquire through its own purchasing procedures media, circulation, computer and office equipment and these costs are part of the total project budget. The architect will be responsible for the provision of the necessary space, power, cabling, and related furniture. Locks A zoned master and grand master keying system, as simple as possible, should be developed in consultation With staff. A key case and key management system should be provided. Book Drop To minimize ongoing staffing needs, a free-standing outside book return is not desired The drive-up book and media returns should deposit in a fire rated room. Each return slot must be well signed and at a convenient height for both automobiles and vans. Locked depository units such as those available from Mosler or Kingsley should be specified. The interior lobby returns should deposit into the check in/reshelving area. Separate returns are provided for books and media items to minimize damage to media items. The returns should be installed at a height above the interior floor that permits use of depressible carts beneath the returns. When use is heavy the carts may be replaced with a fire resistant pad. Display Fixtures Public bulletin boards for display of public notices should be flush mounted and provide a locking glass cover. Brochure racks should be flush mounted or recessed, free standing units. TO: FROM: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM Eric M. Soroka, City ~an r ~-:~ Robert M Sherman ir f Community Servic November 16, 2000 William Lehman Causeway Safety Improvements Study Update This memorandum is to advise you of the latest developments in this project. A few weeks ago, a meeting was held on site of the Tumberry Isle Resort and Club grounds to physically walk the area, and to address the Country Club's concerns regarding the impact the 13' easement will have on their property. Extensive landscape and irrigation modifications will be required to the golf course to accommodate this easement. In addition, we noticed an FPL transformer that would have to be re-located that was not contained in the study. The transformer location itself isn't an issue, but the re-locations of the underground lines connected to the transformer could be a major undertaking that will add significant costs to this project. Our consulting engineers are researching these issues to determine what the financial impact will be: In an effort to resolve this issue, I have asked our consulting engineers to arrange a face-to-face meeting with FDOT to personally discuss this situation, and hopefully arrange a resolution that is acceptable to both parties. As you know, FDOT has consistently taken the position of not permitting a guardrail in their right-of-way. I will keep you informed of all further developments. RMS/gf C: Mark Cas~ano, Keith and Schnars, P.A. RMS00125 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT TO: FROM: DATE: SUBJECTi Eric M. Soroka, City Robert M. Sherman, August 23, 2000 MEMORANDUM of Community Servic ; William Lehman Causeway Safety Improvements Study Attached hereto for your information and review are two copies of the aforementioned study. In summary the Keith and Schnars study suggests a ~3' easement is necessary frem Turnberry Isle Resort to install a guardrail, 8' asphalt path and privacy walt for the Country Club. it might be necessary to keep the existing 10' asphalt path as part of tihe County bike path system. We need to have further clarification from FDOT and Miami- D?de Ccuctv PL~b!ic Works to address this issue Keith and Schnars are researching this ss~;e ,s ':~.; ..caftan .~ .¢cessaw because FDOT :3~!!i :;- ~!~ ~' t~''' ?ositiqn that a guardraJl is not necessary in this area. Extensive landscape removal ,gould be required, as well as re-grading the bank of the adjacent take. Permits from DERM and FDOT would be required as the stormwater drainage pipes need to be extended. Tumberw Resort and Country Club must approve ail proposed improvements and provide the necessary construction and maintenance easements prior to starting the project. The overall cost is estimated; to be $280,600 for construction only and includes $65,000 for the decorative wall. RMSigf Attachments RMS00068 and CHNARS. Mi-. ~gob Shet~man City of Aventura 2999 N.E, 19~~ Street, Suite 500 Aventura, Flmfida 33180 RE: Lelmmn Causeway Safely Improvements Keith~ Sctmars Pro~i_ect No, 15414.70 D,,a~ Mr. S erman: At the reques~ of the City of Aventura, Keith and Schnars, P.A. prepared a feasibility study for the installation o1~ a guardrail for approximately !,000 feet cm the north side of the service road of the Lehman Causeway. The installation of the guardrail wotfid require the relocation of the existing asphait path mitside of FDOT's right-of-way. During tl~e preparation of the tkasibi/ity report many agencies were contacted in order Io determine their requirements for the proposed improvements. Some of lhe agencies contacted relayed concerns relative to the proposed improvements. I received a phone call fi-om Nth-. Jeff' Cohen ~'rom Miami-Dado Public, Works Departmem (MDPW) who had formally app~ioved by his ciepartment. He explain ~ thai this may be due to the existing path being located within FDOT right -of-way; therefore it is outside N~DPW juc ~dictton. M~- c, ohen added that if he pal -mo~cd et tad~ ~OT ~ right-or-,gay, to w'i/b ~ the Tumben:y Golf Course, the path a~,, ~e m Dado County's jurisdiction aud would need ~o meet ,t ~ .,~t[,~ .... The ~hman Causeway path is included within the North Dado Greenway Plan to Bnk LIS t and AIA. Nfl. Cohen to~d me to contac~ Mr. David Itenderson (~0) in order to provide me with a copy of the Nmxh Dade ,Greenway P~an. Enclosed please find a copy of Ibis plato According to MDPW's standards, the requirements for pedestrian/bicycle paths are:: a ten (10) foot x)i~firn, um width path, and a two (2) foot minimum cloa' zone on e,~eb side The existing Lehman Causeway paih and the proposed path do not meet these requirements Ti~e area ~vailable for the proposed work is very iinfited due to the existing lake within Turnocrry Goif~ Club. Should you have any questions or require additiona3 inff~rrnation, pJease do not hesitate to cora:act ns. 6500 North Andrews Avenue - Ft. Lauderdale, Florida 33309-2,32 (954) 776 16t6 · (800l 488d255 · Fax (954/ 771-7690 Boo SI e, man Leimmn Causeway }% destrian Safe!y lmp~ovcments/! q~ i470 Sincerely yours cc: Amy Galvez - K&S LEHMAN CAUSEWAY SAFETY IMPROVEMENTS FEASIBILITY STUDY PREPARED FOR THE CITY OF AVENTURA, FLORIDA Prepared by For~ Lauderdate, Florida 33309 (954) 776-1616 K&S PROJECT NO. 15414.70 August 2000 IV VI TABLE OF CONTENTS Page No. ABSTRACT ........................................................... 2 PROJECT LOCATION ............................................... 2 BACKGROUND IN'FORMATION ......................................... 2 EXISTING CONDiTIONS ................................................ 3 PROPOSED IMPROVEMENTS AND SITE EVALUATION .................... 4 A. impact to Drainage System ........................................ .5 B. impact to Golf Course .............................................. 6 PRELIMINARY COST ESTINIATE ........................................ 7 APPENDIX Exhibit 1 Exhibit 2 .;xi toil .; Location Map and Aerial Map Existing Typical Cross Section ?~oposed '~yp~cal Cross "'~ ~ -, Lehman Causex~ay Safety ~nprovements Angust 2000 K&S Project_No 15414.70 Page 2 ABSTRACT At tile request of the City of Aventura, Keith and Schnars, P.A. has prepared a feasibility study for the installation of a guardrail for approximately 1~000 feet on the north side of the service road of the Lehman Causeway. The location for the installation of ~:he guardrail is coordinated with a proposed decorative wall to be installed along the south side of Tumben~y Resort !n areas where the City wants to address pedestrian safety concerns. Additionally, the proposed guardrail and existing pedestrian walkway would need to be loca[ed outside the FI)OTis right-of-way as per FDOT. The feasibility study consists of an analysis of the existing conditions, proposed typical cross-section, permit requirements, and estimated construction costs and impacts. II _PROJECT LOCATION The project is located in the City o£ Aventura, Miami-Dude County, Florida, a!ong the north side of William Lehman Causeway; and will require cooperation from the Turnberpy Res crt and FDOT. (See EXhibit 1 - Location Map). BACI~GROUND INFORMATION In the past five years there have been several occasions in which motorists havejumped ~:he curb orito the asphalt path while driving along the Lehman Causeway off ramp. Fortunately Lehman Causeway Safety Improvements August 2000 K&S Project No. 15414.70 Page 3 none lei these vchicles have impacted a pedestrian walking along the asphalt path. Nevertheless, the situation has the potential to be very dangerous for pedestrians, and the City of Aventura has requested perm/ssion from the FDOT to install a guardrail along the Lehmin Causeway. Previous efforts to install a guardrail were denied by ][~DOT. FDOT's position was based on the fact that guardrails are used to prevent out of control vehicles from impacting a fixed object adjacent to the roadway. It is FDOT's opinion thai since there are nc) existing fixed objects adjacent to the roadway the guardrail itself may become a fixed ob.ject causing an unnecessary' dangerous condition. Keith and Schnars, P.A. has attempted to bring this alternative back to life because a new decorative wall will be installed along Lehmzln Causeway, and a guardrail may prevent out of control vehicles from impacting the wall. Nevertheless, FDO'i' still maintains the position that the iustaliati _m of the guardrail is unnecessary. IV. EXISTING CONDITIONS At the present time the right of way includes a ten foot (10') wide asphalt pedestrian path, a six foot (6') chain link fence, and approximately five feet (5') of a landscape buffer from the badk of the roadway curb to the asphalt path. The existing conditions within Tumberry Resort and Country Club include a significant amount of landscaping and. a stormwatcr storag~ lake. The lake is part of Turnberry's and FDOT's storm drainage system which Lehman Causeway ,Safety Lmprovements K&S Pic~jccl No. 15414.70 August 2'000 Page 4 eventually discharges excess stormwaterinto the ][ntracoasta! via two 72" pipes. (See Exhibit 2) Prcseatly, there is an effort to obtain an agreement between Turnberry and the City of AventUra to install a decorative wall in a five foot (5') easement within Tumberry's property. The City requested this easement in order to provide Iighting improvements along the existing asphalt path; in addition, the City will install a decorative wall within the easement per Turnberry's request. Mo PROPOSED IMPROVEMENTS AND SITE EVALUATION Due tothe denial by FDOT for guardrail installation within the right-of-way, the City of Avent~r~ has rec~uested K&S to study the feasibility of locating the ~mardraii outside the FDOT's right-of-way. The proposed cross-section includes the installation of approximately !,000 feet of an eight foot (8') asphalt path along with a decorative wail and a guardrail to be loca!ed outside of the Lehman Causeway right-of-way. (See Exhibit 3) Based on surw~y information and field observation, K&S has shox~n the decorative wall to be installed along the existing lake's top of bank. This layout would have minimal impacts to the storage/volume capacity of the existing lake. However, the proposed improvements will require ~-egrading and minor filling of the bank for proper drainage. Mr. WaJhid Nor from the Florida Department of Transportation's Pemait Department was contacted in order to determine the permitting requirements for the relocation of the Lehman Causeway Safety Improvements August 2000 K&S Projeci, No, 15414,70 Page 5 pedesirian path and the installation of a guar&aiI between the path and the roadway. },/Ir. Nor infom~ed K&S that if the guardrail is installed o,ztside of ]SwDOT's right-of-way, PDOT has no permitting jurisdiction. A, Impact to Drainage System The existing storm drainage system for Tumben'y Resort and Country Club is connected by a series of lakes which store stormwater to be used for inigating the gel? course~ Thc drainage system's excess stormwatcr is discharged into l[ntracoastaI waterway via two 72" pipes which are located in the vicinity of t:he proposed improve~nents. In addition, FDOT has two 36" sto,znwater pipes Based on the survey information and field obserwttion, the proposed akernative will have mini mai impacts to the existing drainage system, However, it wJ 11 be necessaO' to regrade the top o{' loank of the lake which may require extending PDO l"s outfall pipes. Mr, Nor (FDOT) said that any extension or alteratior~, ofFDOT's outfali pipes will require an FDOT drainage permit. Lehman Causeway Safety Improvements August 2000 K&S Prqject No. 154 I4.70 Page 6 Finally, Mr. Sznoi from the Miami Dade Coumy Department of Environmental Resources Management (DERM) recommended K&S contact Mr. Thomas Checca who was the design engineer for Tumbe~y Reso~ and Country Club. Mr. Chccca was contacted and added that the stoi~nwater system was designed to be a positive drainage system because the lakes are used for imgation and !ow levels of sa]mization need to be maintained. ~. Checca also stated the fact that the system receives stmmwater from other sites (positive drainage system) and was approved by SF%~ and DERM as an exception to their ClStefia. Mr. Checca also mentioned that the drainage system for the golf course handles less storage than what is no,ally required and the system is prone to flooding causing the golf course to be closed Jc,~ pe~:iods ~ L'n t~ conversation wi~h Mr. David Ba5~ 5, Superintendent, he mentioned that no flooding has ever occmwed in the vicinity of the proposed imprnvements. B. Impact to Goff Course In order to construct the proposed improvements, it will be necessary to obtain a t3' easement from Tumberry Resort and Country Club, It should also be noted ~:hat extensive landscaping removal will be required within Tumben'y's property ir~ order to install the proposed improvements. Turnberry Resort and Country Club must Lshman Causeway Safety ~tprovements K&S Prqicct No. 154] 4.70 August 2000 Page: 7 approve the proposed improvements aqd provide the easemer:t prior to continuing with final design and permitting, VI. PRELIMINARY COST ESTIMATES The prdiminary cost estimate for this alternative is presented on the following page. ~urx e~qEnqdneering D~,sign __ I LS 7 S:tl~ tsI)ll I1U! S12 Ooi $4.50o CO SubU:~l [ $9,500.00 17{-- JY '~- Sm. Ook $4,44,) cu I Leh Page APPENDIX EXHIBIT 1 Location and Aeriai Map VICINITY MAP m:~,projec:ts\!5414\70\iocaf.dgn Aug 18, 2000 14:18:22 LEHMAN CAUSEWAY SAFETY IMPROVEMENTS AERIAL MAP EXHIBIT 1 EXHIBIT 2 Existing Typical Cross Section EXISTING CHAIN LiNK FENCE EXIST. LANDSCAPE ASPHALT WALKWAY EXISTING SHRUBS EXISI!NG CURB AND GUTTER E,"~ST. D WE LANE EXIST, DRIVE LANE EXISTING NORTH SERVICE ROAD ~¢PICAL SECTION A A projec[s\15414\70\7OcpgO5.dgn Jun. 28, 2000 08:23:35 EXHIBIT 3 Proposed Typical Cross Section 13' PROPOSED EASEMENT LANDSCAPE LANDSC; PE I EXIST DRIVE I~AN~~ EXIST. DRIVE LANE PROPOSED NOR_EH Sn~, m -' '- L--,~ .. RO~D [yP CA_L SE~7ION A /\ N O O Al E CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES of ExC 2001 Mayor Arthur I. Snyder Vice Mayor Jay R. Beskin Commissioner Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2001 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local ~]ovemment. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: Revise subsection (11) of Section 166.411, Florida Statues to add lands to be conveyed by a City to a School Board to the list of public purposes to utilize eminent domain proceedings. Will not create revisions in municipal pension plans or State Statues that will impose additional mandated financial obligations for municipalities. Amend Section 482.242, Florida Statues to allow municipalities to enact stronger regulations regarding the treatment of Formosan Termites. 4. Adopt the 2001 Policy Statement of the Florida League of Cities. Revise current State Statues to provide for standing for Cities to contest property assessment amounts assigned by the Dade County Property Appraiser, Revise the Windstorm Insurance rates determination process as contained in previous Resolution adopted by the City Commission. The City of Aventura will seek financial assistance and grants for the following projects: 1. Funding for Stormwater drainage improvements. 2. Transportation funding for the operation of the Aventura shuttle bus transportation system.. Funding for emergency operations center in new Government Center. Park development or acquisition of land for park purposes. 551-143B-01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 3 A bill to be entitled A~ act relating to eminent domain; amending s. F.S.; authorizing mu~palitie8 to 166.411~ exercise the power of em~'~?-['~o~in for public school purposes; prov~ln~c future repeal; providing an effe~i~ate. Be It Enacted by th lature of the State of Florida: Section 1. Section 166.411, Florida Statutes, is amended to read: 166.411 Eminent domain; uses or purposes.--Municipalities are authorized to exercise the power of eminent domain for the following uses or purposes: (1) For the proper and efficient carrying into effect of any proposed scheme or plan of drainage, ditching, grading, filling, or other public improvement deemed necessary or expedient for the preservation of the public health, or for other good reason connected in anywise with the public welfare or the interests of the municipality and the people thereof; (2) Over railroads, traction and streetcar lines, telephone and telegraph lines, all public and private streets and highways, drainage districts, bridge districts, school districts, or any other public or private lands whatsoever necessary to enable the accomplishment of purposes listed in s. 180.06; (3) For streets, lanes, alleys, and ways; (4) For public parks, squares, and grounds; (5) For drainage, for raising or filling in land in order tO promote sanitation and healthfulness, and for the 1 CODIN=~ Words s%r~ken are deletions; words ~ are additions. 551-143B-01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 taking of easements for the drainage of the land of one person over and through the land of another; (6) For reclaiming and filling when lands are low and wet, or overflowed altogether or at times, or entirely or partly; (7) For the abatement of any nuisance; (8) For the use of water pipes and for sewerage and drainage purposes; (9) For laying wires and conduits underground; and (10) For city buildings, waterworks, ponds, and other municipal purposes which shall be coextensive with the powers of the municipality exercising the right of eminent domaini and? Ill) For obtaininq land~ to be conveyed bY the mun~¢ip~lity ~o the school board of the schqgl dis%rict four the county within which the municipality is located, if the school board requests in. writing that %he municipality obtain such laDds for conveyance to the school board an~ promises to use the land to establish a public school thereon. Fulfilling the purpose of this subsection is recognized as conMtitutinq a valid m~nicipal public purpose. Section 2. Subsection (11) of section 16~411, Florid~ Sta%ute~, is ~gpealed January 1, 2004. Any eminent domain action that was filed pursuant %o that subsection before January 1, 2004, shall not be affected by this reneal~ Section 3. This act shall take effect upon becoming a 29 3O 31 2 words s%~cken are deletions; words ~ are additions. 551-143B-01 2 5 6 7 8 9 10 11 12 13 14 2O 2~ 2~ :25, 29 ~0 31 SENATE SUMMARY Authorizes a municipality to exercise eminent domain powers to obtain and convey land~ to a school board for the purpose of establishin~ a school. Provides for the future repeal of the power ~ranted. 3 CODZN~ Words s~=*=ken are deletions; word~ underline~ are additions. AN ACq~ RELATI~G TO PEST CONTROL; SEC~'ION 482~2~2, FS. I'O PROVIDE Ti~AT ~] SHALL NOT PREEM~ OR PROH~IT LOC~ GO$~'MENT$ O~IN~NCES ~Q~R~G ~SPECTtONS ~D TREATN~ FOR TE~IITE D&MAGE OR FROM PROVIDLNG TERMITE ~SPE~FION ~ND TREATmeNT SERVICES BY P~IVIDUALS LI~NSED PI~I~T TO C~tA~'ER 482 .&ND ~87, F~S.; PROVinG BE ~q[ ENACT~;I'> BY T~ LEGI~SLATURE OF TE~ STATE OF FLOAIDA: ~j:._cli~g_l~ Paragraph (b) of subsectio~ (I) of Sectioi~ 482.242, Florida ~l'amte;, is amended to read: This chapter is inte~.ded as comprehen~lve a~G e×ch~s~ve regulafio, of ~sr control k~ t~is s~a~. The provisio~ of ~hls ctt~pter preempt to ~e state at~ regulado~ ot ~he a~:uvities ar~ operat~oms of pest cm~:oi scm4ces~ including ~ie pesticides ased puzsuant to ki~mling ~nd reg~stra~iou approved ~er chapter 487 No ioca} geven~en; or re~la~s pest control, except ~ha~ ~e preempdop. ~n t~s secrirm does nor prohibit a loca! gove~ent or poli/~caI subd~vis~¢~ from ¢~cfi~g an ordi~ce regarding ~y of ~te foll,Jw~g: (a) L;>ca,~ occnpatioaal [ice~ases adopted pursuam ~o chap;~r 205. (b) La~d developmenz ref:t~lafions adopted pursuam ~o chapter 163 whfch mbdz%sion, buitd~tg c(ms~uction~ sign regulatfon or m~y other r%m{alion concemang tlne developm~r of la~ or landscaping 0r ~:ree protec~fo2 ordinates w~fich do not ~nchde pesticide application CODING: Word; ,;~mk¢~ are deiier~o~s; words uaderl[ned are a(Jditions. iii. Protection of wel~ead promction areas and high teeMs'ge areas, (d) iqazaldoas materials repomng as set ~o~'h i~ pa~ I1 of chapter 252, r~Orage, aBd ccmiammex~,t including as relatk~g rc; stormwamr (el Hizaxdous material ~miawfu/discharge and di~posat, (f) Haza,dc, us materials remediatiom ' : '~ shall lake ellect upon becomk~ a lay, $_~e¢_t}A~a!~ Fhis act APPRO'VE:D BY T}~E GOVERNOR - FIt,ED IN OFFICE~ SECRETARY OF STATE - Words ,:t~w.~a are deletions; words underlined are addiuons, WEISS S EtiOTA HELFMAN PASTORIZA 0c GUEDES, P.A. ATTORNEYS AT LAW NINA I. BONISKE dAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J, HELFMAN THOMAS J. ANSBRO* LILLIAN ARANGO DE LA HOZ* ALISON S, BIELER MITCHELL A, ~IERMAN MITCHELL g. BURNSTEIN MIAMI-DADE OFFICE 2555 SOUTH BAYSHORE DRIVE SUIte 4~0 MIAMI, FLORIDA 33133 TELEPHONE (305) 854-0800 TeleCOPlEr (305) 854-2323 WV/W .WS H FLALAW.CO M BROWARD OFFICE 311 I STIRLING rOAD, SUITE B FORT LAUDERDALE~ FLORIDA 33312 TELEPHONE {954) 763-4~42 · TELECOPIER (954) 784-7770 *of COUNSEL ELAINE M. COHEN DOUGLAS R. GONZALE$ GERALD T. HEFFERNAN November 8, 2000 Mr. Eric M. Soroka City Manager City of Aventura 2999 N.E. 191st St., Suitc 500 Aventura, Florida 33180 Re: Zoning Status of ih-it[kin Longevity Ceuter & Spa (the "Pritildn") iii the City of Aventura (the "City") I)ear Eric: 1. RequeSt for Legal Opinion You have requested our legal opinion concerning the zoning status ol the Pritikin. The specific issue is as follows: Whether there is any evidence to support a claim that the Pritikin use is in violation of the zoning requirements of the City. Ii. Legal Opinion As more tully explained below, it is our opinion that no evidence has been presented to the City which is sufficient to find that the Pritikin use constitutes a violation of thc City's zoning requircmeuts. Furthcr, we are of thc opinion that the dispute between the Pritikin and the residents of thc Turnberry ttomeowners' Association constitutes a private legal matter which must be resolved in the litigation presently pending between those parties, and does not constitute a City zoning issue. Mt' Eric M. Soroka November 8, 2000 Page 2 III. Discussion. A. Pritikin Use. Thc Pritikin use cnnsists of a specialized hotel facility featuring nutritioml and exercise regimes conducted after professional medical screening of thc participants. The Pritikin use was cstablisbed more than one and one-half years ago at the former Turnberry Isle ~Iotel and Spa facility (thc "Former Spa Facility"). B. Nature of Dispute. A dispute has arisen between the residents of the Turnberry Homeowners' Association (the "Association"), including residents of the North Tower Condominium (the "North Tower") as a result of the Pritikin's restriction of access by residents of the North Tower to certain facilities and amenities (lounge, betel, restaurant, spa (thc "A~nenities"). We understand that prior to Pritikin's opening at the Forlncr Spa Facility, North Tower residents previously enjoyed the oppm'tunity to have access to the Amenities. At thc heart of the dispute, is the issue of whether the North Tower residents have enforceable private legal rights of access to the Amenities, although thc Association has also raised the issue of zoning compliance as part of thc litigation wbich is presently pending between the Association and the Prilikin. ~ I)uring the pendency of the private litigation, the Association's attorney has sought [o have the City cite or charge the Pritikin with a violation of the City's zoning requirements. In support of that effort, the Association has contended that: 1. The hotel facility utilized by the Pritikin is only authorized to flinction as an accessory use to the surrounding high-rise apartment development;2 2. The Pritikin use constitutes a hospital facility, requiring State licensure, and is not a betel,s 1/ Although the City is sympathetic to thc Amenity access claims of the residents et thc North Tower, the City must confine ils involvement to thc issue of whether or not City zoning requirements are met, since the City does not have inrisdiction to seulc or ac[indicate private legal disputes. This issue is discussed in Section 11I E. belo~v. / The State of Florida, Department of Health and Rehabilitative Services (the "State") has verbally advised thc City that the Pritikin use does not constitute a hospital. Accordingly, the City views the medical services provided at ~hc Pritikin as simply an accessory to the hotel use. The attorney for the Association has sought to obtain a contrary written finding from thc State. but to date, has not done st). If thc State subsequently finds PriTikin usc to be a hospital, the City would again examine the issue ely zoning compliance. However, no evidence has been provided to the City that thc Pritikin facilities meet thc City's definition of a "hospital" uader Section 3~ 21, of the Cily's Land Development Regulations (the "LDRs"). WEISS SEROTA HELFlViAN PASTORIZA & OUEI)ES, P.A. Mt'. Eric M. Soroka Novembcr 8, 2000 Page 3 C. City's Position. Prior to Pritikin initiating its operations, Pritikin sought and obtained from thc City all required occupational licenses and certificates of use and occupancy for their present use. Subsequently, and more than one (1) year ago, the City Community Development Director re examined the zoning status of the Pritikin, and determined that the Pritikin lawfhlly commenced operations in April, 1999, and continued as a legally non conforming use after the July 13, 1999 adoption of the City's LDRs.4 D. Zoning Statns of Pritikin Use. At the time the Pritikin use commenced in April, 1999, each of the comptmcnt uses constituted existing uses or permitted uses under the BU-2 and/or RU4A zoning district regulations which governed the prnperty at that time. Subsequently, in accordance with the LDR's and accompanying City-wide rezoning, adopted on July 13, 1999, the property became zoned as an RMF4 zoning distric:t. Although under the RMF4 zoning district, a hotel is not a permitted usc, Section 31 271 of the IJDRs operates to recognize the validity of lawful uses previously established, by providing: "Any non-conformin~ use, structure, o1' lot which lawfully existed as of the effective date of these LDRs and which remains non-conforming, and any use, structure or lot which has become non conforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs 1!lgy be continued or maintaiped only in accordance with the terms of this Chapter." (emphasis added). Accordingly, as '~'~,~, t,'° as the Pritikin non conformin[~ ..,se :'~' nnt cxlzandcd, di:4continued .~)r abandoned, the use may be continued as a lawful, non conforming use. E. City Zoning Enforcement. In order to cite a property owner for violating the requirements of zoning provisions, it is necessary to find that a violation of a specific zoning measure exists. See, for example, City Code Section 2-338 (Code Enforcement Officer who finds violation may initiate enforcement proceedings). The date of commencement of the Pritikin usc is based upon the City occupational licenses transferred or issued to Pritikin in April, 1999. WEISS SEROTA. HEL[FMAN PASTOi~IZA (~c GUEDES, P.A. Mr. Eric M. Soroka Novcmber 8, 2000 Page 4 'Phc attorney for the Association has asserted that the Pritikin use violates the County s previous approvals issued in connection with the Former Spa Facility. Ilo contends that the series of approvals granted by the County in the late 19705 and early 19805 for thc Former Spa Facility indicate that it was envisioned to function as an accessory use to the neighboring high rise condominium development and marina development. We have carefully examined all of the documentation provided by the Association's attorney. Although we find that the justification utilized by the County for granting certain parking variances was based upon the likelihood that people would be able to patronize thc Former Spa Faciiity, without use oi' a motor x, chi,zle, by silnply wink ng over from the higi~ rise condomi[fium development or from the marina at wbich they had disembarked from a boat, we further find that the County did not make such mauner of usage a condition to the grant of the variance. Enforcement of a zoning condition requires that the condition be expressly stated. See Smalleylogics Corporation v. Dade County, 176 So.2d 574 (Fla. 3d DCA 1965 (violation of express zoning condition warrants forfeiture of right granted to operate airport). F. City's Position. The City has consistently Ibund that the Pritikin is a lawful non-conforming usc. If the City were to suddenly change its position, without justification, and determine that the Pritikin use is contrary to zoning requirements, such determination would likely be precluded by the Com'ts under the doctrine of equitable estoppel. Equitable estoppel operates to limit a local govcrnment's exercise of its powers, where a property owner can demonstrate that: 1. Relying in good faith; 2. Upon some act of a local government., The property owner has made such a substantial change in position or incurred such extensive obligations and expenses that it would be highly inequitable and manifestly unjust to allow the local government to affect the rights of the property owner by adopting a subsequent position. See Town of Largo v. Imperial Homes Corp., 309 So.2d 571 (Fla. 2d DCA 1975). The common sense foundation of the equitable estoppel doctrine has been expressed as follows: The theory of estoppel amounts to nothing more than an application of the rules of fair play. One party will not be permitted to invite another on to a welcome mat and then be permitted to snatch the ~nat away to the detriment of the party induced or permitted to stand thereon. 309 So.2d 571, 573. WEISS SEROTA H E L F IvI. AN Pxs.ro~za & GUEr2ES, P.A. Mt'. Eric M. Soroka November 8, 2000 Page 5 Thc Pritikin use has already operated, under proper occupational licenses issued by thc City, for approximately one and one-half years. In the absence of a change of facts and circumstances, we are concerned that altering the City's position by suddenly characterizing the Pritikin as being in violation o1' zoning requirements, would expose the City to the specter of mmecessary liability.5 IV. Conclusion For thc reasons explained above, it is our opinion that the City has properly determined that there is no basis upon which to cite the Pritikin use for a violation of the City's zoning requirements. Sincerely, David M. Wolpin DMW:mcc 328001 cc: Ms. Brenda Kelley, Community Development Director Richard Jay Weiss, Esq. Stephen J. Ilelfman, Esq. 5/ Additionally, we are mindkd that when municipal code enforcement staff determine that there is not sufficient evidence to support enforcement of City zoning measures, the Courts will not intervene to mandate such enforcement. See RHS Corporation v. City of Boynton Beach, 736 So.2d 121 I (Fla. 4th DCA 1999). WEISS ~EROTA HELFMAN PASTOI:ilZA & CJUEDES, P.A. ~NC. PA TE: COM?ANY: FACSIMILE: PAGES: F~OM: NOTES: Novemb~,r 2% 2000 City Council Jsffrey William J~ Moc~an/Gail Glidewell ~9~0~ VVe.~.~cimer, Suit. e. 1700 Hou~tor~, /'cxas 77042 ?ho~e: 7~3/36~7205 7~3/3©V7280 Novcmbcr 27, To the Honorable Mayor Snyder and Members of the City Commission of Aventura: My mmm is Bill Morgan and I, and my wife Shirley, are long time residents of thc Tumberry Isle North Tower. I am a very successful businessman - my company builds and manages apartment buildings tlu'oughout the United Slates and has several ofrices. ! am also a holocaust smwivor and auflmr of the book "Living Longer Than Hate". I wrilc this loiter to advise you of our strong support for our next door neighbor, thc Pritikin Longevity Center and Spa. 1 write this letter to also advise you that thc majority of thc North Tower residents - in my opinion (80% of them) do not support and are angered by the North Tower's lawsuit against Pritikin. Most do riot wa~t to become involved and are reluct~mt to become engagcd in a dispute with their neighbors, [ refer to us as the si ent major~ty . The lawsuit was authorized by the slimmest majority of the North Tower Board and is being fueled by a very vocal and small minority to further their own purposes with our (the condominimn residents ~vho opposc this lawsuit) money. I felt it time to: make you aware of these fitcls because 1 understand tbat this vocal minority from thc North Tower is attempting to bring grcat pressure upon you to "find a zoning violation" or some other violation by Piitikin. As the attached notice circulated to all North To,.ver residents indicates, these dissidents are now intent on trying to fnrther intimidate you with a mob scene of angry North Tower residences during your November 28 workshop, rXny ~tch rcsidents_~o~eak~for~flre To date, I and the majority of other North Tower residents who are against this lawsuit have uot been called upon to make our views known to you. Nor were we askcd to cross-pack your November 29 workshop willi North Tower residents who oppose this lawsuit and the Norflx Tower board's actions Please do not construe our respectful silence or non attendance as a sign lhat we lack conviction in out' support of Pritikin as our next door neighbor or hi our opposition to both this lawsuit, its costs to us, and all the effOrtS to fbrcc Pritikin out. The laxvsuit, which is bound to bc lost in the Court, is based upon two completely :~hlse notim~s: first, that the North Tower residents are being deprived of "integrated lifestyle righls' they previously enjoyed; mid second tlrat Pritikin] is not properly zoned to be here bccausc it is a "hospital'~ These claims are both simply wrong. unless thcsercsi~lents ~ " :. ·. t t r. I . i ~ residents were n~l and are no_t members of thc Club and thus had no right to use these facilities. For those North Tower residents who were and are club members like me, we still have tho fittl array of Club facilities open to us some remain next door to the North Fewer and are stii[1 operated by Tumbcn'y (like thc teimis and Marina facilities mad activities) ami others have been improved and relocated a few blocks av,,ay to the Tumberry Country Club site (spa, restaurant). And tbr all Ninth ' ' s those who are not Club members, Pritikin has made available moro of thc next ] ewer res~dcnt~, even door facilities to these non-member resktents than were previously available to them. Pritikin has opcned thc Monaco Dining Room previously closed to non-mcmber North Tower residents - to all North Tower residcnts. For a nominal charge per meal, all North Tower rcsidents are thvited hy Pritikin to eat liealthy food prcpared by gourmet cbel~ iu the Monaco Dining Rotan without paying membership fees or any other sort of fees - none. Second, Pritikin is not a hospital or medical restitution iu any souse of the word. I have been a Pritikin member {Br years, have attended thc residential program at Pritikin in Tumberry Isle and else~vhere, and can say this with authority and certainty. Pritikin simply advocates the right kimt of diet and exercise and has doctors on site to screen the Pritikin members prior to subjecting them to the rigorous exercise rouline and to give lectures on the medical siguificance of eating low-fat and exercisiug ~igorousiy. Like t[~;e North T.o, wer residents and American Oopulation in general, some Pritikin members are o¥c~w~zight or havc health concerns and others do~not~ I am fortmmte to be skinny and healthy. In my opinion, the residents of thc North Tower probably have more health problems and take far more pills and medications that thc average Pritikin guest. The statement made on television by the Presider~t of thc Not'th Tower Board mmouncing this lawsuit that he "didn't spend a million dollars on his condo to speml his lifestyle with fat people" was discriminatory, nnt[nir, and totally misleading. Itc does not speak for the majority. Ilaving Pritikin ncxt door to the North Tower is a benefit to us all at Tumberry aud in A¥cntura. Instead of the North Tower have as its next door neighbor the Tumberry hotel with its daily transient gucsts using the next door Club fi~cilities, we nov,' have Pritikin, one of the premier luxury health resorts in the world, with guests who stay an average of two weeks ami are among the wealtlfiest, most fmnous, and most inllucntial people in the workls. Governors, Senators, Judges, actors, entertainers, business leadc~ and other of the most infmential people from around the world have to travel far and pay big money to come to Pritikin, hut it is available next dom' to the North Tower and many of its benefits have been made available to the North 'rower residents at a nominal cost. Pritikin has been in business thr ncarly twenty-five years in the Bal Harbor and Miami Beach areas aud now thai it has brought its substautial business and resulting economic benefits to Aventura, and now that Pritikin is exposing some of the wealthiest and most influential people iu the world to our C~ y, I urge: the Honorable Mayor and City Commission to do everything irs its power to welcome Pritikin into our co~nmunity rather than list to the vocal minority of the North Tower residents ~vho seek to rid Aventura of Pritikin. I urge you not be swayed by the factually inaccurate and discriminatory lawsuit, not to be coeiccd by the pressure or lobbying or other intimidation tactics brought upon by thc vocal minori, ty of North Tower residents behind this inappropriate efforls, not to get involved in this private legal dispute brought to court by the vocal minority North Tower residents. · n we are all fortunate to have the iikcs of Pr tikin in our City and shou!d do all wc can to 111 rnv (;i~lUlO , . ..... .... ~ · ,~ il ~ co~le ~f thc ~lolc~ weico them, ~ot drive them axvay. And ~t Pr~Bkm is driven away~ what ,~, 1 rooms and dini~lg room next door te lhe North Tower? 11 would probably be sokt to m~o~her Ami this hotel ~qkely would not have a beach, aud would not have mm~y other amenities, and would therefore by its very nature charge/ess ~md cater to a t2~r less desirable clientele- a group of shorl-term guests ~vho come to Florida on the cbeap~ ]'hank goodness for Pritikin, with its etitc clientele ' , lo worD' about drugs, drunkcnness, crime, crc. We should generally stay two weeks, we don t Inaxe th~k our lucky stars we attracted Pritikin and should do all we can to tbstcr Pritikin's success Aventura, Thank you. Sincerely North Tower ?i>~do 221 / wJM/gg // cc: Pritikin Longevity Center & Spa Sent By: HP LasecJet 3100; 305 538 8824 Nov-2,'-00 t2'26AM' Page NOVEMBER ~, 2000 TO: ALL RESIDENIS Turnberry isle CONDOMINIUM ASSOCIATION. INC. 1HE BOARD OF DIRECTORS IS A'I-rENDING AN AVENTURA COMMISSIONERS WORKSHOP TO MAKE THE MAYOR AND CITY I~OBLEM REGARDING THE ZONING ISSU~E AND AWARE OF OUR YOU ARE S~0N~:;'-":'URGED TO ATTEND, AS WE NEED APPROXIIVlA'I'ELY;':E~0~:!:.RESIDENTS TO PRESENT OUR CASE. THIS mE woRKSHbp 'iS?bEING HELD ON TUESDAY, NOVEMBER 28, 2000 HALL, LOCATED AT: : THE:~ cONcORDE CENTER II 'i :" ~ : .i2999 N~E 101ST STREET YOU MU~;'REGISTER!'WITH"DIANA IN THE CONDOMINIUM OFFICE (305) 931~6300 AS SOON AS POSSIBLE THANK YOU FOR YOUR, SUPPORT, THE BOARD OF DIRECTORS VICINITY MAP PROPOSED AREA NORTH SERVtCE ROAD (~000 LF GUARDRAIL/WALL) EXISTING TREE EXISTING StIR EXISTING CHAIN LINK FENCE EXISTING SHRUBS EXISTING CURB AND GU~i'ER EXST, ~,N CAP ASPHALT LINE EXIST. DRIVE LANE EXIST. DRIVE LANE EXISTING i ORTH _SERVICE ROAD TYPICAL SE_C_T_!ON A .A_ PROPOSED DECORATIVE WALL PROPOSED GUARDRAIL PROPOSED SHRUBS /-- EXISTING CURB AND GU~ER 13' ~ 10' PROPOSED EASEMENT ~ PROP. (BY OTHERS) LANDSCAPE EXIST. DRIVE LANE 8' ~.ELOCATED ASPHALT PATH ; EXIST, LANDSCAPE EXIST DRIVE LANE PROPOSED NORTH SERVICE ROAD ]¥PICAL SECTION NOT l'O SCALE Visioning Session Update Report November 2000 O~ce o~fhe Cio~ Manage, er Proposed Waterways Park Appraisal is complete. Estimated value is $3,850.000 fbr thc 6 acres. Dcsign work continucs. Representatives of GulI~trcam are preparing thc deveilopmcnt plan as rcqucsted by thc City Commission fro thc remainder of the property and possible agreement rcquirements. Proposed Community Center/Millennium Park Thc lbllowing action items are in process: · Appraisal is; cmnplete. Estimated value is $3,580,000 for the 3.01 acres. Forwardcd same to Attorney representing property owner and requested response by ncxt week. The firm of Bermello-A.jamil continues to meet with staffand move tbrward on design work. · Duc to AI)A requirements a bridge to link Founders Park with Millcrmium Park could cost up to $3,000,000. · It is rccominended that community input be obtained to assiist in determining what components should be included in the Community Center. City surveys on thc City's Web Page, newsletters, ~vorkshops and town meetings are anderway or being planned. · Sate Neighborhood Park Grant issues. Legend: Legend: Florida League of Cities Growth Management Concepts DRAFT Table of Contents Items Page GROWTH MANAGEMENT AD HOC COMMITTEE .................................. 2 PREFACE ......................................................................................................... 3 INTRODUCTION ................................................................................................ 3 GROWTH MANAGEMENT GOALS .............................................................. 4 Annexation Reform ................................................................................................ 4 Recurring Funding Source for Comprehensive Plan Requirement ........................ 5 Streamlining of Comprehensive Planning Procedures ..........................................5 Ukban Sprawl/Municipal Service Delive~ ............................................................. 5 Growth Paying for Itself ........................................................................................ 5 The Protection of Natural Resources ..................................................................... 6 GROWTH MANAGEMENT RECOMMENDATIONS .................................. 6 Annexation Reform ................................................................................................ 6 Recurring Funding Source for Comprehensive Planning Requircmcnt ................ 7 Streamlining Local Government Comprehensive Planning .................................. 7 Urban Sprawl/Municipal Service De~ive~' ............................................................. 8 Developments Of' Regional Impact ....................................................................... 9 Area of Critical Concern ..................................................................................... 10 10 Principles of Smarl Growth ....................................................................... 10 CONCLUSION ................................................................................................ 11 GiROWTH MANAGEMENT AD HOC COMMITTEE Mary Martin Carmine Priore Robert Nanni Marlo Taylor Lee Mirsky Jo~n Etling Ridh Bohnenberger Merrily Longacre Charlie Miranda Ja~{ Lasita Calhi DeLuca-Compton Ralph Bowers Councilmember, Port Orange Mayor, City of Wellington City Manager, Palm Bay Dir. of Neighborhoods, Jacksonville Commissioner, City of Lauderhill Commissioner, City of Dania Beach Commissioner, Holmes Beach Councilmember, Satellite Beach Councilmember, City of Tampa Councilmember, St. Petersburg Councilmember, Zephyrhills City Manager', City of Jasper GROWTH MANAGEMENT AD HOC STAFF Desinda Carper, Sr. Legislative Advocate/Work Gronp Coordinator Rebecca O'Hara, Attorney Sherr) Weber, Administrative Assistant 2 PREFACE The Florida League of Cities concepts lbr growth management ,x'erc deliherated over a ~leriod of one year by members of various Ad Hoc committees and members of both the ~tcrgovemmental Relation, s and Environmental Qualig,, Legislative Policy Committees. e purpose of the groups review ',vas to formulate a comprehensive policy to address F~lorida's future growth management practices, to provide a municipal perspective as irhplementers of growth management laws and to act as a resource to state policy makers, ilicluding thc Governors Growth Management Study Commission. INTRODUCTION Thc Florida l.eague of Cities generally supports legislation that ensures those state la;vs and agency rule procedures over comprehensive planning functions be streamlined to reduce unnecessary requirements, promote local flexibility and deline the role and interests of thc state. Such streamlining should occur only after a comprehensive and deliberatlvc review of the Growth Management Act. Legislation should consider the diverse characteristics of municipal/tics and provide a dedicated funding source rngndatcd local plmming activltlcs. Tl~c 1985 Growth Management Act~ which shaped comprehcnsivc plans ~n every coallmunlty, lms for the most part remained unexamined since its cmatiou. In many cities, the comprehensive plan has been a helpli.d tool in creating a better quali~ of IifX. A~'ler 15 years, it is tune to revisit the act to determine if' goals have been met and how best to implement revised "smart growth" strategies that cnsu:e economic prosperity while maintaining the quality of life. Cma-ent policies, although well intcntic,ncd, arc too "one s~ze fits ail" to be effective and have gencrally not rcsultcd in achievement Of goals anti objectivcs set lbrth. Urlnccessary government expenditure to support comprehensive planning requirements an~t urban sprawl devclopment can be avoided only if' growth is properly managed and chinncled to desigmated and acceptable urban growth areas and city and counU' governments continue tn play a primary role in managing Florida's f.q-owth~ 3 Growth Management Goals The Florida League of Cities considers governmental decisions to be vitally important in maintaining a high quality of life in Florida. The intended goals_of the current process of growth management remain sound and the process has benefited Florida in many ways. Like any such process~ however~ it must be adjusted periodically to accommodate new developments and unforeseen needs° Improvements for the future should be made while preserving attributes t¥om the past. The League searched for the appropriate "growth management tools" to help governments better prepare for managing the growth of the future. Accordingly, the Florida League of Cities targets thc following growth management goals: Ani~exation Reform Annexation Reform Recurring Funding Source for Comprehensive Plan Requircment Streamlining of Comprehensive Planning Procedures Curtailment of Urban Sprawl/Mumcipal Service Delivery Growth Paying for Itself The Protection of Natural Resources Annexation in Florida xvas traditionally employed to enable rural properties to receive urban services. As originally envisioned, this process provided a mechanism to ensure the rationale and cost effective cxpansior: of municipal borders~ while at the same time minimize the occurrence of duplicative service delivery. However, with Florida's tremendous growth and the demand cssentia! services, thcse laxvs have not kept pace with thc needs of our communities. In fact, current procedures are so inflcxiblc that they often Icad to cm;~inaous intergovernmental conflict in both the provision and l:mancing o~' essential services. It is therefore the position of the League that thc fouudation of any growth management revision must include an ovcrimui of anncxation procedures. Specifically, we recommend that the state's anr~exation laws be ame~ded to encourage the orderly expansion of municipal boundaries to ensure the coherent arid cost-effective delivery of urbmYmunicipal services. 4 Recurring Funding Source for Comprehensive Planning Requirement In 1990, the State Constitution was amended to limit the Legislature's ability to pass un-.funded mandates to county and city governments. Implementation legislation for the amendment is reserved to the Legislature and has not yet occurred. The most important considerations for cities are: defiuing fiscal impact of proposed legislation and establishing local venues for the legal challenges of un-funded state mandates. Thc State must fully fund the cost of local government's processing of state-required comprehensive pla~ming requirements and evaluation and appraisal reports by establishing a recurring fhnding source within l:he State's budget. Streamlining of Comprehensive Planning Procedures The Florida I.eague of Cities will support legislation that s~treamlines and eliminates unnecessary state laws and agency rule procedures_regarding municipal comprehensive planning functions~ as well as provisions that r~nize the unique characteristics of local communities; flexibility for ~ocal government implementation; and recurring state~funding to support local governments' processing of state-mandated comprehensive planning and evaluation and appraisal reports. Urban Sprawl/Municipal Service Deliver3'. Municipalities are the accepted and recognized urban t-erin of government in this nation and state. They arc closest to the citizens and they arc ~ by far - the principal supplier of basic services to residents in mid-size to densely populated areas. Thc cost of creating new services in outlying areas is greater than providing the same service by expansion through an existing municipality with appropriate infrastructure. Urban encroachment into agricultural and environmentally endangered lands should be prevented and growth in areas near existi~g public services and fhcilities should be promoted. The service capacity of municipalities must be improved by modif.ving and expanding their revenue base; discouraging duplication in the delivery of urban services by other governmental or quasi-goverumental entities; and encouraging high-density urban development to better utilize existing municipally-owned infrastructure. Growth Paving for Itself Florida will continue to grow in the future and at a rapid pace. Public facilitics xvill have to be expanded to service this growth, but the ~5nancing of these nexv facilities should not unfairly fall upon existing residents The creators and thc beneficiaries of growth should absorb the principal share of the cost associated with servicing the needs that arise from population growth. Proleetion Of Natural Resources Florida's unique environment, beautiful beaches and moderate climate are a blessing but present many problems and challenges. Indiscriminate development in some areas of thc State has tN~eatened to damage this natural environment. Florida's; future growth should be managed and guided through a nmtually agreed upon state urbarffsuburban gro~vth policy designed to care?ully protect our fragile eco-.system. Florida has minimum statewide natural resource protection requirements and possesses many diverse and unique resources that may require additional protection on a regional or local basis. Therefore, it is essential that local governments have the authority to adopt more striugcnt local standards to protect such resources whcn necessary. Growth Management Recommendations The Growth Management Ad Hoc Committee recommends the following proposals in order to accomplish thc goals that have been set forth here and to properly manage growth in Florida. 1. Annexation Reform Municipalities traditionally arc thc urban form of' government, whereas counties have been viewed as thc local arm of state government. Annexation in Florida was traditionally employed to enable rural property to receive urban services~ With thc onset of counSes providing services, the traditional reason to annex has been diminishcd greatly. Florida's tremendous growth rate and inflexible amicxation policies have caused disruption in this historical rclationship and a cominuous conflict in the delivery and taxation procedurcs for mamy public services. In the absence of a reserve area agreement or joint planning agreement, am~cxation in Florida has become an invitation to litigation between cities and counties. We recommend that the role of municipalities as the primary provider of basic locai services should be re-affirmed. Furthcr, to accommodate this policy, thc State's annexation laws should be amended to encourage thc orderly expansion of municipal boundaries to ensure the coherent and cost-cf~'ective deiivcry of urban/municipal services. Therefore, the League s,.~pports: 6 Do A method which provides a procedure for the establishment, through the local planning process, of urban service and armexat~on boundaries adjacent to and between municipalities which recognizes eventual annexation of those areas in a reasonable and responsible manner~ Strengthening the ability of municipalities to eliminate all enclaves regardless of size and provide reasonable procedures to expeditiously annex areas that are adjacent to their boundaries. A method that provides the mmexation of urban service areas into incorporated areas within specified time frames. A method that permits mnnicipalities to amend their comprehensive plans and rezone property simultanenusly with the vohmtary annexation of property. I!. Recurring Funding Source for Comprehensive Planning Requirement In 1990, the State Constitution was amended to limit the Legislature's ability to @ass un-funded mandates to county and city governments. The State must uplaold the State Constitution by establishing a recurri_n~g fundiug source within the State's budget to solely fund the cost of local government's processing of state-required comprehensive planning requirements and evaluation and _appraisal reports. The League supports legislation that: Limits ~the state's abiliD' to require municipal government enforcement of state policies and programs and ensures thal all costs incurred by local governments administering state laws are offset Dy state revenue, Provides a recurring state funding source for preparation of comprehensive plans of future incorporated municipalities. ltl. Streamlining Local Government Comprehensive Planning '[he concept of local planning is essential if growth is to be properly managed within the state, in 1!¢75, the Legislature passed the first "Local Govemruent (omprehensive Planning Act" which mandated that ali local governments fom~ulate a comprehensive plan that outlined how they intend to manage their growth. Local governments throughout the State - at great local taxpayer expense - complied with this mandate. The State has not met its commitment to fund this planning requirement by statutorily implementing a funding source. Local Governments have lbrmulated and defended additional growth management concepts such as impact fees, density caps, and pIanned unit developments. The League recognizes the need for coordinated plarming throughout the State, bur believes that any changes in the present local planning process should be preceded by a state commitment to state-wide planning goals which define the role and interests of the state and wilt not unnecessarily interfere with issues that are local m natureo Emphasis should also be placed on "smart" and sustainable gro~vth that does not compromise the ability of future generations ~o address and fulfill their growth management needs. The League supports: A rccumng ~hnding source to provide financial and technical assistance to improve the quality of local government comprehensive plans. Legislative adoption of a state comprehensive plan that identifies significant state and regional issues, provides guidance for local government comprehensive plans, and promotes local flexibility. Streamlining the Local Government Comprchcnsive Plan to eliminate unnecessary and jurisdictionally duplicative requirements. IV. Urban Sprawl/iVlunicipal Service Delivery The curtailment of urban sprawl should bca primary goal of any growth management program. Up nntil the 1960's, 75% of FIor/da's population resided within city limits. Currently, 5 I% reside in unincorporated areas and 49% xvgh~n incorporated areas, but mostly within suburban settings-- neither urban nor rural. Urban sprawl !ends to tl~e waste of taxpayer dollars to expend or expand sc~dces in Otltlying areas. The cost of sprawl does not only involve unncccssa©, cxpenditures of public diollars - it also leads to the unnccessm?' use of land, water. and other resources. Development policies which authorize and encourage urban sprawi should be repealed; growth that is identified as contributory to a wasteful use iofrcsources and which l;ael urban sprawl development should be: discomaged and not supportcd by public cxpenditures; and developments vchich promote compact, orderly growth m~dX'or infilling should be encouraged and rewarded. Al!, significant public expenditures should be carefi.dly scrutinized to ensure that they are not indirectly creating more sprawl. Incentives should be created for projects that promote growth in existing urbanized areas and disincentives for' projects not meeting these criteria. Growth management efforts aud expertise have Inrp, eb focused on urban areas. Careful attention is now needed to also address the 8 growing needs of rural areas, among them protecting their uniqu_e character historical value, cultural assets and natural resources while suppo~rting their economic interests aod viability. The League supports: Discouragement of development in areas where municipal government services and infrastructure are not available to support increased growth. Providing finm~cial incentives for developments ~1,4, , ~ ........hat encourage greater use of existing urban infrastructure. All iniftiatives that ensure the implementation of responsible growth management practices and which practices support the Home Rule authority of municipalities. Requiring the orderly extension of urban services and infrastructure and provides redevelopment inceutives compact urban centers to discourage urban sprawl while promoting fiscally strong urban communities. Ensures that the unique resources and characteriistics of a municipality are recognized and retained. Vo Developments of Regional Impact (DRI) The DRI process is designed to monitor developments that irnpact morc than one county. The Florida League of Cities recognizes thc need for a coordinated process for reviewing developments that affect more thm~ one jurisdiction. The concept of Developmm~ts of Regional Impact presc~wes thc concept of local decision-making, but of~5rs an opportunity fbr a challenge to a dec/s/on which may adversely affect the citizens of another ~urisdiction. While there are somc problems with thc DPd process as it exists today, the League believes that the process can be greatly improved by implementing a number of revisions as suggested below. ']-he League supports: The use of thc DRI process to allow review of'mzljor developments that impact across municipal or county boundaries and which allo~vs affected adjacent governments to participate in the appeal of a local government decision on the development. B. h~creased state funding to adminisler the DRI process The establishment of flexible DRI guidelines in order to discourage the practice of developments which deliberately Pall under the DRI threshold limits, thereby avoiding the scrutiny of the process, ]_3. Eliminating the State override of a local government order which denies a development permit to a private deve!opmenl. Establishing an automatic termination of any DRI approval fbr which development has not occurred within a time ccrtain~ Areas of Critical Concern The Areas of Critical Concern Program provides a means fbr the State to become involved in local planning where there is a Iegitimale state or regional concern that has been identified by the Governor and Cabinet, and ultimately approved by the Legislature~ The process oft'ers ti~e State the opportumty to coordbmte with local governments in prot¢cting the State's valuable natural resources. The program requires the inw.-,stment of stale financial and technical resources to be used in co~junctJon with local resources. The Florida League of Cities supports the Ama of Critical State Concern Program because of the protection it offers to the resources of thc State and the many safeguards against arbitraw intrusion into local a~'fairs. The League supports: Expanded and sufficient state funding to properly administer the Area of Critical State Concern Program. Legislative identification of specific issues (eg, water, wetlands, beach erosion, etc.) that are of significant state importmnce which should be considered as criteria lbr designation of Areas ,of Critical State Concern. Implementatiou of the I 0 Principles for "Smart Growth" The Governor's Growth Management Study Commission's guiding principles ~nclude growth management goats to create a method by which the state can best implement ;~smart growth" strategies that balance economic prosperiD' with our exceptional qlnaliD' of Hfe~ The Florida League of Cities recommends the following key ir~gredient:s to creating prosperous and viable communities and joins the l~eague of California Cities ~n recoguitio~ of the fo~low~ng ~0 Principles for "Smart Growtl* '~ : Welt-Planned New Growth 10 Maximize Existing Infrastructure Support Vibrant CiD, Centers Coordinated Planning for regional Impacts Support High Quality Education and School Facilities Build Strong Communities Emphasize Joint Use of Facilities Support Entrepreneurial/Creative Efforts Encourage Full Community Participation Establish a Secure Local Revenue Base COnclusion FlOrida's gro~vth is going to continue. Total restrictions on growtb arc neither viable nor in the best interest of the State or its citizens. Growth, however, can bc managed so as to preserve our environment and to preserve the quality of life In order to properly manage and provide for gro~vth it is necessary to have a coordination of cfforis between state and local governments. Efforts must be made [o encourage where services are presently available or where they can be provided in a cost effective manner. Inflexible annexation policies, lack of committed and consistent leadership, guidance and financial support from the State on policies concerning population growth and prevention of urban sprawl have resulted in erosion of thc: traditional capacity to provided basic urban/suburban services. These policies have created inconsistencies in understanding proper local government relationships; and taxing patterns. A responsible "urban and rural policy" must be established by tine State to rccstablish these traditional responsibilities. The Legislature must also adopt concrete goals artd objectives in a state,vide comprehensive plm~ and providc both thc technical and financial assis'[ancc necessary for local governments to assist in attaining the stated goals. Amending current annexation statutes is vital to this effort. Many state goals may also be 11 accomplished through the effective implementation of the existing Area of Critical Concern Program and an expanded or revamped Develnt>ment of Regional Impact program. The State also must be willing to provide the financial and tcchnical assistance to local government in understanding and implementing statcwidc policies at the local level. it must be the local government's responsibility to regulate local growth and act i~ coordination with the State in implementing the state goals to guard against sprawl, protect ot~r natural resources and provide for the effective provision of se~wices through the use of the comprehensive planning process. The ideatitication of problem, areas and state intervenlion may prove ~mcessary ur~dcr certain limited situations. The primary, responsibility for 5mplcmentation at a local level, however, must remain with thc local elected officials to ensure active citizen participation, input and support. It is essential to recognize and respecting the concept that local iissoes are Best resolved at the local level of government and to prevent attempts to erode municipal government power ......... ~;.~i~lqmd=e- _~ ....... =~ ~.~..~~ ..... 4~_~ .... o ....... ~ ....... ~ ....... ~ ..... ~4~ ~ ........... Et~ect~ve growth management in Florida will depend on general public support and cooperation among all levels of government. ~ 12 Growth Management Le~Slati~e Policy Recommendations Table of Contents Items Page PREEACE ....................................................................................................... 3 INTRODUCTION .............................................................................................. 3 G~OWTH MANAGEMENT GOAl,S .............................................................. 4 Annexation Reform ............................................................................................. 4 Recun-ing Ftmding Source for Comprehensive Plan Requirement ........................ 5 Streamlining of Comprehensive Planning Procedures ....................................... 5 Urban Sprawl/Mumcipal Service Delivc~y ........................................................... 5 Growth Paying fbr Itself ................................................................................... 5 Tlno Protection of NaturaI Resources .............................................................. 6 Gi~OWTII MANAGEMENT RE( OMMENDATIONS ................................ 6 Am~exation Re'Kmn .............................................................................................. 6 Recurring Funding Source Ibr Comprehensive Planning Requirement ............. 7 Slream!ming I,oca! Government Comprehensive Planning ............................... 7 LJrbm'~ Sprawl/Municipal Service Delivery ........................................................ 8 Dcvclopmcms Of Regional Impact ..................................................................... 9 Area of Critical Concern ................................................................................... 1 0 10 Prineiples of Smart Grox~th ...................................................................... l0 (ON(~I,USION ........................................................................................... l! (; ROWTH MANAGEMENT COMMITTEE Mary Martin Carmine Priore Robert Nanni Mario Taylor Lee Mirsky John Erring Councilmember, Port Orange Mayor, City of Wellington City Manager, Palm Bay Dir. of Neig~borhoods, Jacksonville Commissioner, City of Lauderhill Commissioner, City of Dania Beach F~ich Bohnenberger Merrily Longacre Charlie Miranda Jay Lasita Cathi DeLuca-Compton I~alph Bowers Commissioner, Holmes Beach Councilmember, Satellite Beach Councilmember, City of ~ampa Councilmember, St. Petersburg Councilmember, ZephyrhiIls City Manager, City of ,Jasper (~ROWr[']t MANAGEIMENT STAFF llesimla Carper, Sr. Legislative AdvocateBVork Group Coordinator l~,ebccca O'Hara, Altorney Sherry Weber, Administrative Assistant PREFACE []qe Florida League el (ities concepts tbr growth management were deliberated over a pcrind of one year by members el varions Ad Hoc committees and menlbel-s of both the Intcrgovennnental Relations and Environmental Quality Legislative Policy Committees, The purpose of lhc groups' review xvas to fbrmulate a comprehensive poliey to address Florida's future growth management practices, to provide a municipal parspcctive as implementers of growth management la~vs and to act as a resource to state policy rankers, including thc Govcrnor's Growth Management Study Commission. INTRODUCTION The Florida League of Cities generally supporls legislation that ensnrcs these state laws and agency rnle procedures over comprehensive planning fnnctions be streamlined to reduce unnecessmT requirements, pronmte local flexibility and define :he role and i~lcrests of the state. Such streamlining should occur only after a comprehensive and deliberative review of the Growth Management Act. I,egislation should consider the di",'crsc characteristics of municipalities and provide a dedicated thnding sonrce for nmndated local planning activities. The 1985 Growth Management Act, which shaped comprehensive plans in every cdmmun~ty, has l~r the most pa~ remained unexamined since its creation, in many cities, the comprehensive plan has been a helplM1 tool m creating a better quality of lil~. Af~er 15 years, it is lime to rev/sit the act to determine il' goals have been met and how best to implement revised "smart growth" strategies that ensure economic prosperi9' while maintaining the qnaliW of lif~. Current policies, although ,.~ oil intcntioncd, are too "one size firs all" to be cffi'ctive and have gencrally not resnlted m achievement of goals a~id ohjcchvcs set forth. [Jilnccessal-y government expenditure to support compreheosive phmning mqmrements alid urban sprawl devch)pmcnt can bc avoided only if growth is properly managed and clNnncled re designated and acceptable urban growth areas and c~ty and county governments continue to play a primary role in managing l'loricla's growth. Goals The lqorida IJeague o£ Cities considers goveml~ontai decisions to be vitally important in maintaining a high quality of lill' in FRx-ida. Fhe intended ecs!is of the current [[9~.._9f.g[owth management remain smmd and the process has benelited Florida in many ways. Like any such proces~_hp.~ve__.yer,, it must be adjusted periodically to accommodate new developments and unlbreseen needs. llEprovemenis lbr the future should be made while pr~se5vi~ attributes from the past. The League searched tbr the appropriate "growth management tools" to help governments better -~repare For :nanaging line growth of thc future. Accordingly, tlne Florida Leagae of Cities targets th,. tbllowing ere vth mana=cment goaL;: Almcxation Rclbmi Recurring Funding Source fbr Comprehensive Plan Requirement Streamlining of Co~,,prchcnsivc Planning Procedm es Cm-taitmcnt of Urban Sprawl/Municipal Service Delivery Growth Paying Iht itself Thc Protection of Natural Resources A!mexation Reform Amqcxation in Nlorida was traditionally employed to enable '-tn-al piropcrt/cs 1o receive urban services. As originally envisioned, this p;ocoss p~ovidcd a mcchauism 1o ensure lhc rationale and cost afl,crave expansion of i~mnici pa! borders, wliile at thc same time minimixe the occurrancc o[' dup [icativc service dc!ivory, i lev:ever, with Viorida's trcmct~doos growth and the ciemand cssontia! services, those laws have nol kept pace with. the heads o" otn' connnm~Jtics. In i~lc[, current proccdttres mc so inflexible that they often essential services. '.1 is thcrclbrc thc position o~ thc Lcagt~c that thc lbmulation 1)R)ccduros. Spccilicaliv, xxc recommend that thc state's aimcxatiun anlCndod to eh(om'ago the orderly expansion of municipal 1ooundarics to ensure thc coherent and cost cflhclivc ddivory of m'ban/mtmicipal services. Recurriug Fundiug Source for Comprehensive Planning Requireplent In 1990, thc State Constitution was amended to limit the Legislature's ability to pass urMhnded mandates to county aml city governments. Implementation legislation for thc amendment is reserved to thc Legislature and bas not yet occurred. Thc most important considerations for cities arc: defining fiscal impact of proposed legislation and establishing local venues fc~r the Icgal challenges of' un-funded state mandates. The State must fully fund the cost of local government's processing of state-required comprehensive plmming rcqniremcnts and evaluation and appraisal reports by establishing a recurring funding sonrce within the State's budget. StFeamliniug of Comprehensive Planning Procedure5 The Florida League of Cities will supj~o_~r_t.[egislation that slIreamlines anst eliminates un_[~ec~essafx?ate laws and agenc'v rule procedures regarding municipal co~nprehensive planniug functions, as well as provisions that recognized[he un_i~lue characteris[!c~ of.l.oca! c0mmnnities; flexil~ilitv~for local gove[ul[~[e~nt imp!~ntation;_ a~d_[~C!![rii~g sta~-l'unding to snjp~or_t local governments' processing_pfjtat_e-mandated comprehensive plato!lng and evaluation aud appraisal reports. U~,ban S~vl/Municipal Service Delivery Mxnicipa/itics are the accepted and recognized nrbao form of government in lhis nation and state. They arc closest to the citizens and they arc - by l)~r - principal supplier of basic services to residents in mid size to densely populated re'cas. The cost el creating new services in outlying areas is greater lhan providing the santo service by expansion through an existing municipality with :tppropriale inikastructuro. [Jrban encroachment into agrict~ltural and environmentally endangered lands shoLtld be prevented and growth in atreas existing public services and 15tciliiios st]otdd be promoted~ ']'hc sot-vice capacity o1' mtmicipaiiiioa nlusl bo improved 5y modiibqng a~d expanding their rcvcm~c base: discern-aging &.~plication in thc delivery of urban sc~xiccs l? ?vcrnmcntal of quas governmental entities; and cltcotlragi~lg lfigh density development to better milixc existing mtmicipally-owncd i~fi'ast~t~ctm'c. (;~?v~th !!aying for Itsell' I'lorida xxill continuc lo groxx in rbe ihtmc and at a raphl pace. and the bclmficiarics of growth should absorb tile principal share of the cost associated with servicing tile needs that arise from populatiop, grow~.h. Protecti(m Of Natural Resources Florida's unique enviromncr~t, beautilhl beaches and moderale clinmte arc a blessing but present many problems and challenges, indiscriminate dcuelopmcnt in some areas of the State has threatened to damage this nat'~ral cnuironment. Florida's /hture growth should be managed and guided through a mutually agreed ripen state urban/suburban groxvth policy designed lo cm-cfhlly prelect our ~agile ceo system, florida has m~nimum s~atcwidc naluraI rcsoarcc pro~eciion ~-equircmcnts and possesses many diverse and unique resources that may require additional protection on a regional or local basis. Thercfbre~ i1 is essentia~ that local governments have the authority to adopt more strir~gent local standards to protect such lOsources when necessary, Growth Management Recommendations Tim FIo~Sda Leagae of Cities IGR and EQ Legislative Policy Committees recommend ~he following proposals in order to accomplish the goals that have been set fi.wth here and to properiy manage growth in Florida. Annexation Reform Municipalities traditionally are the urban £o;'m of government, whereas cotmties have been viewed as lhc local arm of state government. Aimexation iix Florida was traditionally employed lo enable rural property to receive urban sct-vtces. With tl~c onsct of coumics providing se~'iccs, the traditional reason to anncx ires bom: dimixfishod greatly. Florida's tremendous growth rate and inflexible am!cxation policies have caused disrtlption in this histo:ical i'eiationsI~ip m!d a ccmtinuous conflict i, the delivery and iaxatioI~ procedures t~>r many puh!ic scl'vices !it lhc absc!acc of a ~cscrvo area ago'cement or.~omt planni~g a~4~ cement. expansion of lnuilic'~pal boundaries to ensure tho coherent and cost-effective A method which provides a procedure fbi' thc estahlishmcut, Ihrough the local planning process, oF urban s;e~vice and annexation boundaries adjacent to and hclwccn muuicipalities which recognizes eventual annexation cE those areas in a reasonable and responsible manner. Strengthening the ability oflnunicipalitics to eliminate all enclaves regardless of size and provide reasonable procedures lo expeditiously annex areas that are adjacent to their boundaries. A mdhod that provktcs the annexation of urban service areas into incorporated areas within specilied time frames. A method that permits municipalities to amend their comprehensive plans and rezone property si~nultancousl3 with the vohlntary annexation of property. 11. Rccurriug Funding Source for Comprehensive Plalming Requirelnent 1[~ 1990, the State Constitution was amended to limit thc Legislature's ability to pass un-landed mandates to county and city governments. The State nmst uj~hold ll~e State Constitution bv establishing n recnr[[ng binding source withiu the State'shudget to solely limd the cost of local gover!kme!!t's pFocessing of state-required con~i/r~hensive planning requirements and eyalnation and appraisal yeports. The League snpports legislatiun thai: Limits the state's ability to require municipal government eulm'cement of state policies and programs and ensures that all costs recurred by local governmenls administering state laws life offset bv slate revelllle. Provides a recurring state funding sma'ce for preparatiol~ of co~npreheusive plans of future incorporated municipalities. Ill. Slreamliniug l,ocal Government (~omprehensiYe Plnnniug I'~e co~ccpt of local plmming is cssontiai il' mowt[~ is to bc ixopc~ly ma ~agcd within thc stile, ill 1975. thc I,%islattu-e passed thc iirst 'I_oca! (~OVOi-DIqICII( C, omp~chcnsivc Planning Act" whida mamtated thai all local ?vommonts Jbmmlalc a comprd~cnsivo plan that otttlinod how they imcnd to mama? tEqcir growth, l,ocal governments througtx)ut the State - at great local taxpayer expense planning ~cqui~'cmcnt I>v statutorilv implementing a i'undJng scm'cc. Ix>cai Govcnlrncnts have ibrmulatcd and del'ended additional growth mana.acnlenl concepts such as impact ibes, density caps, and planned uuh developments. League recognizes the need for coordinated p/anomg throughout thc State, believes that any clmnges m tile present local planning process should be preceded by al state commitment to state-wide planning goals which define the role and interests of the state and will not unnecessarily interfere w/th issues thai arc local m nature. Emphasis should also be placed on "smart" and ~,;ustai~mble growth that does not compromise the abiliW of future generatiplls to ad~r_ess and fulfill theirgrowth management needs. The I~eagnc supports: A recun-ing funding source to provide ihmncial and technical assistance to improve thc quality of local government comprehensive plans. Legislative adoption ora state comprehensive plan that idenlilies signiScant state and regional isstzcs, p:ovides guidance for bead government comprehensive plans, and >romotes local l~{cxibi!ity. (. Streamlining the Local Govcrnmen~ Comprehensive Plan eliminate unnecessary and .iurisdictionally dupiic~,.tive requirements. Urban Sprawl/Municipal Service Delivery [he curtaihncnt off urban sprawl should be a prinaary goal of zany gr,a~th nmm'.gcmcnt Orogram. Up until the 1960's, 755'0 oJ Elonc, as population resided xxithin city limits. ( urrcndy, 51% reside in uninco~)oratcd at'cas and .49% within a,c,L, hut mostly within suburban settings-- neither [l!'[¢all 11017 rltlalh inrorporalcd ' "' z hi; o[ lying aFcas, l'hc cost of sprawl docs ROt Ol)[f mvoh, c ittllloccssary expenditures el'public dollars it also leads to tile tliltleccssal-}' LISC Of huM. water. spray, I slaou/d be repealed; growth that is identified as ~a.nu mate15 and not supported b5 public expenditures; and dcvch?mcnts v, hich promote compact, u~dcrly ?-ow a t~dor itdiiiing should be encouraged and rewarded. sismi ficant public expenditures should be citrc!ully scruthdzcd to ensure that they arc not :,nc -oct y creating more sprax~h Incentives should i~c created Jbr projects meeting those c~itoria. Growdl management efforts ;md expertise tm~'e large? focused ou urban areas. Careful attention is now needed Io also address the llrowing ueeds of rural areas, among lhem protec[iug their unique character, I~lis[orical val!le, cultural assets and natural resources while snpporting the!r economic interests and viability, The l,eague supports: Discouragement of development in areas where murdcipal goverument services and infrastructure are uot available to suppor~ increased growth. Providing financial incentives f'or developtnents ~h that encourage greater use of existing urban infrastructure. Co All iuitiatives that ensure the implementation of responsible growth management practices and which practices support the Home Rule authority of municipalities. t~,equiring the orderly extension of nrban services and infrastructure and provides redevelopment inceufives lbr compact urban centers to discourage ~arban sprawl while promoting fiscally strong urban commnnities. Ensures that the unique resources and characteristics of a municipality are recognized and retained. V. Developments of Regional Impact (DRI) 'I'he DRI process is designed to monitor developmems that impact more thm~ one courtty. Thc Florida League of C/ties rccosnizes the need for a coordinated process for reviewing developments tlmt aflkct more than one jurisdiction. Thc concept of Developmcms of' R%io~nal Impact preserves thc concept of local decision making, bt~t ol'fClS ~lq opportunity l~)r a challenge co a decision which may adversely ai'lkc~ tine ci'dzeus of another jm'isdiction. Wlnile thoro arc some problems wilh tiaa DRI process as it cxisls today, the I.caguc believes that the process cal~ be greatly improved by implcn~cntmg a number of revisions as st~ggested />clow. Thc League 'ibc usc of thc I)RI process lo allow review oft~:~jor developments that impact across mtmicipa) o~' Cnkltllv bomqdmics m~d ',¥hict~ allows af:i~ctcd a<tjacent governments to participate in the appeal cfa local govcnamcnt dccisio~ on lhc dox clol>mcnt. !g. Iiactcascd stale thnding t(; a(hnimsto~- tho/)l<! process VI. C. Tho establishmem of flexible DRI guidelines m order discourage the practice of developments which deliboratcly fail under the DRI threshold limits, thereby avoiding the scruti~y of thc ?)I'OCOSS. D. Eliminating the State override of a local govemmem order which denies a development permit lo at private development. Establishing an automatic tomtination of any DRI approval tor which development has not occurred within a time certain. Areas of Critical Concern Thc Areas of Critical Concern Program provides a moans ~'br Iht State to become invoivcd in local planning where there is a legitimate slate or regional concern that has been idcmificd by the Governor ai:td Cabinet, and ultimately approved by thc Lcgislatm-e. The process o~'[~:rs the Slate the opportunity to coordinate with local governments ir~ protecting tiao State's valuable natural resources. Fhe program requires the im, estnmnt of state lSnancial and technical resources to be used in conitznclio~: with local resources. The Florida League of'Cities supports thc Arcs of Critical State ( oncorn Program because of thc protection it errors to thc resources o ~ the State and thc many safkguards against arbitrary intrusion into lc, eel af'lhirs. ['lac ~ caguc supports: Expanded and sufficient state fimding to properly administer thc Area o[' Critical State Concern Program. Lcgislaiive idcntilication of sp~ ci!ic issues (e.g. water., wcthmds, beach erosion, etc.) that are of significant state importance which should bc considered as criteria ibr designation of Areas of Critical i mplemenlation of the 10 Principles liar ' Smart Growth" The Governor's Growdt Managcmc~d Sh/d5 Commission's guidin~ principks include growth ma,agement goals to create a method by balance economic prosperity wilh our excepliona~ quaiily ol'ti~. Thc Florida 1,eague of Cities recominends tl~e iBliowi,g key iugredients crc;ding prosperous and viable commnnities and }oi~s il~e League of ( alilbrnia Cf/les in recognition of the following I0 Pr#tco*les Well-Planned New G~owth II) Maximize Existiug lufrastructure Support Vibrant City Centers Coordinated Planuing for regional Impacts Snpport High Qnality Education and School Facilities Build Strong Coinmunities Emphasize Joint Use of Facilities Support Entrepreneurial/Creative Efforts Encourage Fnll Community Participation Establish a Secnre Local Revenue Base Conclusion Florida's growth is going to continue. Total restrictions on growth are mcithct- viable nor in t[~c best interest oFtlae State or its citizens. Grovcth, however cai1 bO managed so as to presc~rve our environment amd to preserve thc quality o Fli fie. II~ order 1o properly manage and provide fbr growth it ix ~tcccssary ti) halxe a c(~ordmation oF c}'i~)lqs between state and local governmcmts. Ef)})rts must be made to encourage where services are prcscmtly available or where they can be h~[lexiblc amtqc×atiol~ po{icies, lack of' committed amd comsisic~lt lcadcrslnip, to ~ccstablish those tra(litio~al rcspo~]sibilities fie I c~i,'qh~ta~'e must a15;o adopt comcretc goals amd ob cctivcs lm ~ startcxvi(lc t:Ul'rellt nm~exation stntutes is ~ital to ibis effort. Mall3' state ?als ulav a/so bc I1 0.ccompiishcd iln'ough the efl~sctive hnplementation of thc exisfinL,, Ama of (ritical (rn~cern Program and an expanded or revamped Devek~pment of l~cgJonal Impact program. ['lie Siatc aisc must be willing to provide thc financial al~d technical assistance ~o local government i~ understanding ~md implementi~g storewide policies at the local level. 11 must be the local gow~'mment's responsibility to regulate local growth and act in coordination with thc State in implementing the state goals to guard against spra,~x[, protect our natural resources a~d provide tbr thc ct?ecrive provision of scr;'iccs through the usc of thc comprehensive planning process. Thc idemificatiot~ of problem areas and state intervention may prove necessatT trader certain limited situations. Thc primary rcsponsibilily /bt implelnentation at a local level, however, must rcmain with thc local elected oi'ficials to ensm-e active tiff×on participation, input and support. 1I is essential to recognize and respecting the concept that local issues are best resolved at the ]local level of government a,d to proven/ attempts ernde municipal government powers.~~a~md only aq~>te that gf!kctive growth ma~sagcmenl in Florida wi!! depend on general public support and cooperation among all levels of government. 2001 DRAFT Policy Statement Friday, November 17, 2000 Conference Suite I! Hyatt Regency Orlando International Airport 8:30 a.m. Florida League of Cities, Inc. Florida League of Cities 2000 Legislative Conference Legislative Committee Meeting Friday, November 17, 2000 Conference Suite II Hyatt Regency Orlando International Airport Hotel 8:30 a.m. AGENDA Presiding: First Vice President Scott Black; Mayor, Dade City; Chair I. Call to Order II. Review of Process III. Reports of Committee Chairs and Discussion of Draft Policy Statements A. Municipal Finance and Taxation B. Urban Administration C. Intergovernmental Relations D. Environmental Quality E. Criminal Justice, Ethics and Personnel F. Utilities and Telecommunications IV. Other Business · Growth Management Legislative Policy Recommendations V. Adjourn to General Session 2000 Legislative Policy Committee Chair: Mayor Scott Black, City of Dade City; FLC First Vice President Vice Chair: Councilwoman Carmela Starace, Royal Palm Beach; FLC Second Vice President Local & Regional League Representatives Mayor Louie Davis, City of Waldo; President, Alachua County League of Cities Mayor Hildrie Peel, Town of Cedar Grove; President, Bay County League of Cities Mayor John R. Fiore, City of Wilton Manors; President, Broward County League of Cities Councilmember Alex Ilnyckyj, City of Crystal River; President, Heart of Florida League of Municipalities, Inc. Mayor Glen Irby, City ofMinneola; First Vice President, Lake County League of Cities Mayor Pat Whitesel, City of Palmetto; President, ManaSota League of Cities Mayor Fred Held, City of South Pasadena; President, Mayors Council of Pine lias County Commissioner Roy S. Shiver, City of Florida City; President, MiamiIDade Co. League of Cities Mayor Ray Kirkland, City of Lake City; President, Northeast Florida League of Cities Mayor Tommy McDonald, City of Chipley; Second Vice President, Northwest League of Cities Mayor Glenda Glover, City of Fort Walton Beach; President, Okaloosa County League of Cities Vice Mayor Retha Lowe, City of Lake Worth; President, Palm Beach County League of Cities Councilman Charles Smith, City ofWauchula; President, Ridge League of Cities Councilperson Dr. Ann Knight, City of Fort Myers; President, Southwest Florida League of Cities Town Administrator William P. "Bill" Hall, Town of Malabar; President, Space Coast League of Cities Councilmember E.E. "Ernie" Wever, Jr., City ofBrooksville; Vice President, Suncoast League of Cities Mayor Glenn Sangiovanni, City ofSt. Cloud; President, Tri-County League of Cities Mayor Dorothy Hukill, City of Port Orange; President, V olusia League of Cities FLC Policy and Standing Committee Representatives Mayor Fran Barford, City of Temple Terrace; Chair, Criminal Justice, Ethics & Personnel Committee Commissioner Rich Bohnenberger, City of Holmes Beach; Chair, Environmental Quality Committee Councilwoman Mary Martin, City of Port Orange; Chair, Intergovernmental Relations Committee Commissioner Michael Blake, City of Winter Springs; Chair, Municipal Finance & Taxation Committee Commissioner Patricia Rogers-Libert, City of Aventura; Chair, Urban Administration Committee Mayor Larry Bartley, City of Titusville; Chair, Utilities & Telecommunications Committee Municipal Association Representatives Patrick Lehman, Executive Director, Peace River Manasota Regional Water Authority, Sarasota Water & Sewage Department; President, American Water Works Association Bob Hannon, Plans Examiner, City ofFt. Lauderdale; President, Building Officials Association of Florida Gwen Azama-Edwards, City Clerk, City of Daytona Beach; President, Florida Association of City Clerks Ann Toney-Deal, City Manager, City of Haines City; President, Florida City & County Management Association Wayne Martin, Fire Chief, City of Ormond Beach; President, Florida Fire Chiefs Association Thomas Hicks, Audit Program Manager, City of Orlando; Member of the Florida Government Finance Officers Association John Albion, Commissioner, Lee County; First Vice President, Florida Regional Councils Association J. Jerome Miller, City Attorney, City of Destin; President, Florida Municipal Attorneys Association Barry Moline, Executive Director, Florida Municipal Electric Association Chuck Warrington, Managing Director and Executive Officer, Clearwater Gas System; President, Florida Municipal Natural Gas Association Keith Chandler, Chief of Police, City of Melbourne; President, Florida Police Chiefs Association Dan Greenfield, Deputy City Manager, City of Palm Bay; President, Florida Public Employers Labor Relations Association Margie Moale, Human Resources Manager, City of Coral Springs; President, Florida Public Personnel Association Paul Thorpe, Executive Director, Downtown Association of Sarasota; President, Florida Redevelopment Association FLC Sponsored Program Representatives Commissioner Larry Ady, City of Belle Isle; Member, Florida Municipal Investment Trust Mayor Dottie Reeder, City of Seminole; Chair, Florida Municipal Insurance Trust Mayor Robert Blomquist, Town of Juno Beach; Vice Chair, Florida Municipal Pension Trust At-Large Members Recommendations Vice Mayor Margaret Bates, City of Lauderhill Mayor Alex Fekete, City of Pembroke Pines Councilman Clay Ford, City of Gulf Breeze Councilman Roosevelt Johnson, City of Arcadia Commissioner Daisy Lynum, City of Orlando Councilwoman Mary Sue Rich, City of Ocala Councilman Julio Robaina, City of Hialeah Council President Ginger Soud, City of Jacksonville Vice Mayor Daniel Tantleff, Village ofBal Harbour PROCEDURES FOR ADOPTING THE FLC LEGISLATIVE PRIORITIES AND POLICY STATEMENT LEGISLATIVE COMMITTEE PROCEDURE: The Legislative Committee is charged with reviewing the work of the six standing policy committees. The League's First Vice President will preside over the meeting and the following procedure will be utilized to review and adopt the policy priorities and statement . Each policy committee chair will be asked to present their policy priorities and statement to the full committee. · After each policy committee report, the chair will accept questions of the policy committee chair from the audience. . Following a question and answer period from the audience, the chair will accept, if needed, a motion to limit debate to the policy committee, taking into consideration any pertinent comments received from the audience and any amendments suggested by committee members. · The chair will then accept a motion to adopt (with a second and discussion) the committee's report (as amended). The procedure will be repeated for each policy committee presentation. Once the legislative committee has finished its work and a short recess, the second general session will begin. After a short break, the business meeting will convene following the conclusion of the second general session. Copies of the proposed priorities and policy statements, as adopted by the Legislative Committee, will be available for review. As was the procedure during the Legislative Committee, the audience will be provided with an opportunity to again ask questions. BUSINESS MEETING PROCEDURES: . The President will preside over the Business meeting and will call on the Chair of the Legislative Committee to present the policy committee priorities and statement as recommended by the legislative committee. . The Legislative Committee Chair will present each priority and policy statement and move for their adoption. . The President will call for a second and an opportunity for discussion, by the membership, of the proposed priority and policy statement. Following this a consensus voice vote will be taken. This procedure will be used for each priority and policy statement. . If the consensus vote is challenged, the President will call for a short recess and the League staffwill prepare for a recorded voting procedure. (see attached) . After all amended sections have been considered and adopted, the president will call for adoption of the 2001 legislative policy statement by the membership present. APPENDIX - PROCEDURE FOR DIVIDED HOUSE EXPLANATION: During the final Business session of the Legislative Conference (following the meeting of the Legislative Committee), the League president will ask the membership present to adopt the Policy Statement. This action does not require the appointment of voting delegates (as does the annual convention's business session), but it does create the possibility of a divided house. This means that a voice vote did not determine a clear "will" of the membership present. This has not happened in recent League history, but it does need to be planned for in advance. PROCEDURE: · Upon the President's determination of a divided house (being that a voice vote did not indicate sufficient support for adoption of the policy statement), the President calls for a brief (15 min.) recess so that city officials may confer with one another from their own councils. Some cities will have only one person present; some may not be represented at all. · The cities should be directed to select a representative from their council and to take a position amongst themselves on the adoption of the policy statement. If a city wishes to record its divided vote, it may do so. If a city cannot come to agreement on selecting a representative or taking a position, the League would not record their position. · The President then calls the Business Session back into session and asks that, by voice vote, the city representatives indicate their votes. If the vote is still divided, the city representatives would then come to a table staffed by League staff and record their vote. Only ifit were necessary (due to a tie) would a weighted vote be taken. · If the President determines that there is dissension among the city officials as to a particular part of the Policy Statement causing concern, he should call upon the Chair of the appropriate policy committee to take questions and help guide the discussion. Again, this process is provided for explanation but it is not expected to occur. Proposed Priority Statements Municipal Finance and Taxation The Florida League of Cities will support legislation that simplifies and stabilizes Florida's state and local revenue structure so that municipal autonomy and flexibility is enhanced. Urban Administration The Florida League of Cities will support legislation that removes all restnctIOns from municipalities to obtain and receive a Certificate of Public Convenience and Necessity (COPCN) for emergency medical services and transport. Intergovernmental Relations The Florida League of Cities will support legislation that streamlines state laws and agency rule procedures regarding municipal comprehensive planning functions and eliminates those determined to be unnecessary; includes provisions that recognize the unique characteristics of local communities; flexibility for local government implementation; and recurring state-funding to support local governments' processing of state-mandated comprehensive planning and evaluation and appraisal reports. Environmental Quality The Florida League of Cities will support legislation that requires that at least one appointee to a Water Management District Governing Board be a representative from local government. The Florida League of Cities will support legislation that preserves municipal franchising authority over construction and demolition debris materials, and which does not impose unnecessary restrictions upon municipal solid waste management programs. Criminal Justice, Ethics and Personnel The Florida League of Cities will support legislation that requires that job-related disabilities claimed from HIV, hepatitis, cancer, hypertension or heart disease be proven by the weight of evidence, and not a legal presumption of job relatedness. Utilities and Telecommunications The Florida League of Cities will support legislation that continues to simplify and enhance Florida's state and local fiscal policy in regards to the communications industry, which includes, but is not limited to the following: · Establishing accurate local government communications services tax conversion rates; · Establishing an accurate municipal communications services tax maximum rate that replaces the revenue capacity of the replaced revenue sources; · Establishing an accurate and competitively neutral system for situsing transactions which recognizes municipal boundaries (situsing involves determining which city or unincorporated area taxable transactions occur); · Authorizing the Department of Revenue and local governments to share information with one another and requiring the Department of Revenue to inform local governments of matters that affect their tax collections; · Requiring communications services providers to properly use or update their tax compliance procedures based on information received by the Department of Revenue from local govermnents; · Clarifying the authority of local govermnents to continue to require franchise agreements from cable service providers; and · Recognizing revenues generated by the communications services tax are local govermnent revenues, available for local govermnent purposes without interference from the state. 200. ~ 0 200, i 1 200.12 200.13 20014 Provides state f'unding for a Small Local Government Financial Teclmicai Assistance Program that would provide training and teclmical assistance to small municipalities and assist small local governments experiencing a financial emergency. Amends (Tbapter '75, Flor/da Statutes, to restrict the ability to intervene in bond validation hearings for special assessments to fee t'lolders of property within thc impacied district. Requires all tax exemptions to be tied to measurable benefits and subject to periodic sunse~ review. Permits municipalities to obtain funds for municipal communication systems from surcharges that counties may levy, but are not appropriately using, for intergovermncntal radio communication systems. Expands the authorized uses for the 911 lee or other related telephone revenues. Provides periodic legislative review and removal of restr/ctions on the imolementation and the utilizalion of local revenue sources, as well as on expenditures of municipal revenues. Tax Equity 201 Tax equity between the various levels of government is essential to the fair and reasonable allocation of the cost of government to Florida's citizens~ The Florida League of Cities will support legislation that: 201.i Simplifies and enhances the efficiency of collection and remittance of municipal insurance premium tax revenues, while avoiding immediate financial hardships for municipalities and special districts, or adverse impact on public safety pension benefits. 201.2 Corrects thc inequalities caused by the double taxation of municipal citizc'ns, as originally intended by the judicial interpretation of the Flor/da ConstitutiorL 201.3 Allows taxing authorities to establish property tax equity by assessing new construction on a partial-year basis while applying appropriate exemptions. 20t.4 Grants cities the authority to implement all or part of the local option gas tax and requires a more equitable method of computing the default formula. 201.5 Requires that state service fees on municipal trust funds not exceed the actual cost of collection. 2016 Allows at least one municipal official per county be appointed to serve on the Value Adjustment Boar& 20 [~7 Alloxvs municipalities to seek monetary judgments for outstanding liens; on homestead properties and then to pursue collection through thc attachment of personal property. 201~8 Requires the ir~dexing of all state and local option gas taxes to the Constmctmn Cost Index. 201.9 ProxSdes municipal immunity from the sales and use tax. 201.10 Addresses the reasonable equity associated with rcvenue collection related to fines and forfeitures, and also between fines and forfeitures and assessable court costs. 201.11 Maintains that municipal property owned outside the incorporated area is not subject to ad vatorctn taxation or any other tax by the jurisdiction where the property is located. 201A2 Places a constitutional a~nendment on thc ballot that would provide that all municipal owned property is treated as other general-purpose government-owned property with respect to ad valorem taxes. 201.13 Redefines the term "household income" to include all sources of income for purposes of gr~nting an additional ]homestead exemption to persons 65 and older. Transportation 202 The state has a responsibility to provide fundable state transportation solutions that complement local government efforts and that meet its transportation needs noxv and into the future. Currently state and local governments have inadequate: resources to address the significant backlog of road projects. All citizens are adversely affected by a deficient transportation system both in wasted time and economic development. The state needs to increase the funding levels and improve the efficiency of the process. Additionally, some property owners receive ~vindfall profits through appreciation of their property values while at the same time being coinpensated handsomely for right of way at the expense of the taxpayer. The appreciation in values achieved at the expense of the taxpayer should be :shared both by the properly owner and the taxpayer. The Florida League of Cities ~vill support legislation that: 202. t Provides motor fucl tax authority to meet the transportation needs of municipalities 202.2 Requires the state to distribute to local boards on an equitable basis, any transportation fees received from the federal government tbat previously may have been directly transmitted to local goveruments or public agencies. 202.3 Requires an assessment to adjacent property o~vners in an amount equal to the lesser of the right of way acquisitS, on cost or the increase in property evaluation related to such road way improvements. 202.4 Allo~vs the general revenue senSce charge revenues on local option gas taxes to be distributed directly to the local jurisdictions. Urban Administration Priority The Florida League of Cities will support legislation that removes all restrictions from municipalitie~ to obtain and receive a Certificate of Public Convenience and Necessity (COPCN) for emergency medical services and transport. Home Rule: 300 The Florida League of Cities believes that the essence of Home Rule is simple, the citizens of a municipality have the constitutional fight to manage and fi~nd their own affairs with minimum interference from the state and other governmental agencies. Home Rule provides for local issues to be addressed by locally elected officials, allowing the state to concentrate on the pressing affairs of the state. Ho[rte Rule asserts that at municipality be free to perform functions and provide services in a manner best suited to meet the needs of its citizens. Home Rule assumes that intrusion by the state and Other governmental agencies, into the affairs of municipal government, will be limited to only those issues that affect the essential ~velfare of the entire state. Home Rule requires that a municipality be free to adopt and amend its charter without intrusion, interference, or oversight by other governmental entities. The Florida League of Cities will support legislation that: 300.1 Enhances the ability of municipalities to manage their local affairs in accordance ~vith the wSshes of their citizens. 300.2 Clarifies procedures for municipalities to exercise their authority regarding local zoning and land use requirements and maintain municipal sovereignty. 300.3 Re-eStablishes local authority in the procurement ofprofessionaI services. 300.4 Exempts municipal facilities, activities and programs from state licensing requirements. 300.5 PreserVes the authority of municipalities to manage and create enterprise activities to service their communities. 300.6 Estabiishes a simplified, uniform notice procedure for local government actions. 300.7 Provides the maximum aathority to municipalities for fashioning remedies, based on local Circumstances, to address historic discriminatory practices. 300.8 Prohibits both "red-lining" and non-renewal of property insurance policies and ensures the public is not subject to unfair and/or discriminatory insurance practices. 3OO9 300,10 300.11 300.12 300.13 300. I4 300A5 300.16 300.17 300.18 300,19 300.20 Supports vcindstolTn insu:rance reform which will ensure that the inequities of thc current system are corrected and property owners are able to obtain efibctive insurance at a 15ir and reasonable rate. Removes all restrictions, judicial or otherwise, limiting communications between elected and appointed officials and their constituents, stall' and others. Maintains local authority over outdoor advertising and provides incentives for local governments to work in cooperation with outdoor advertisers and state: and federal regulators to reduce the overall number of outdoor advertising signs. Allows mmficipalities to derive revenues and recover costs to lcssen the impact of day cruise casinos. Grants municipalities planning and management capabilities to utilize geographic positioning systems (GPS) and geographic information systems (GIS) to record and/or map information and data without being rcquired to hire a licensed surveyor as 6efined in Chapter 472, Florida Statutes, for these functions~ Pemrits local governments to obtain and hold copyrights for data processing software created by the local goverr.anent and to enforce its rights pertaining to such copyright. Removes all restrictions upon local govcrmnent's ability to prohibiting the recovery of thc costs of services provided by the local government including associated xvith, but not limited to such items as the recovery retrieval of shopping carts and the removal of political campaign materials. Allows municipalities more control in general traffic regulation such as to entbrcing traffic t~aws through the use of electronic traffic infraction detectors and establishing speed limits on municipally maintained roads. Removes all restrictions upon a municipality's ability to zone and[ regulate group homes operating within its boundaries. Permil:s municipalities to detcnnine the zoning and building requirements of manufactured, mobile, and modular homes xvithin their boundaries. Promotes and fhnds safer7, education and allows more restrictive local regulation of fireworks in our state~ Grants local government emergency management anthority to regulate and restrict the sale and use of fire~vorks, and those items specifically excluded from tbe definition of fireworks, during drought or other emergency conditions in our slate. Removes all restrictions from municipalities to obtain and receive a Certificate of Pubfid Convenience and Necessity (COPCN) for emergency medical services and transp0rL 300.21 Enables municipalities to issue a Certificate of Public Convenience and Necessity (CO?CN) for emergency medical services and transport. 300.22 Provides protection for rrmnicipalities under the Public Records Law to secure data and information technology resources through their internal policies and procedures. Tort Liability 301 The Florida League of Cities recognizes that tort liability for certain governmental actio~s must remain limited. Unlimited tort liability will have a substantial impact on govenunents' ability to provide for the general health, safety and welfare .of its citizens. Expenditures of public funds to satisfy tort judgments are a taxpayer's expense. Governments provide unique services to the general public, and these services require that traditional standards; and notions of tort liability should not apply to official governmental agencies supported by taxes extracted from all citizens. The Florida League of Cities will support legislation that: 301.1 Limits the exposure of local governments and their officers, employees and volunteers in tort liability. 301.2 Repeals the doctrine of joint and several liability for governmentally related actions. 301.3 Provides a defense to liability actions from plaintiffs who are under the'. influence of alcohol and/or drugs when the accident or injury occurred. 301.4 Requires a non-public entity, filing a lawsuit against local government, to pay all fees and costs related to the lawsuit if the local government prevails. Code Enforcement 302 The Code enfbrcement process represents an effective, inexpensive and expeditious response process to alleged code violations. This process provides local governments with an alternative method of code enforcement without having to rely on an already overly burdened state court system. Code en~brcement proceedings provide for fair and impartial hearings on code violation complaints. The code enfbrcement process should provide sufficient flexibility and authority to local governments in their enforcement activities and actions. The Florida League of Cities will support legislation that: 302.1 Provides additional flexibility to local governments in the administration and enforcement of codes and ordinances. 302.2 Requires all governmental entities to comply with locally adopted codes. 302.3 Expands the public records exemption applicable to Code Enforcement Officers to provide thc same protection, as police officers Building and Fire Safety Codes 303 Thc construction industry is a significant part of Florida's economy. In regulating this industry~ municipalities have the responsibility to see that buildings are constructed in accordance with minimum safety standards and fire safety codes using their regulatory and police powers. Also, decisions relating to the administration and operation of munic!pal building departments properly belong to the municipalities' citizens through their municipal charter pre,visions and their elected officials. The Elorida League of Cities will support legislation that: 303~1 Enhances the ability of rnunicipal governments to manage, operate and finance their building departments. 30~ .z Permits municipal amendments to building codes, regarding construction methods, personnel standards, and professional qualifications based on local safety and welfare determinations. 303.3 Assists local building departments by providing information or education for code officials and adopts an initial base building code that would minimize re-education for subsequent readoptions of the state code. 303.4 Removes the rcquirement that a statewide rating organization include positive rate factors ~vhen performing a building code enforcement assessment. 303~5 Ensures that the adoption of amendments and enforcement of fire safety standards are maintained at the local level. 303.6 Prohibits any new 'Uniform Eire Safcty Standards and re-directs existing language to apply to new- and existing occupancies appropriately. 303.7 Requires appropriate and equitable funding from the Emergency Transportation Services Trust Fund when the municipality provides emergency medical services and/or transport. 303.8 Permi~ts more flexibility in certification, recruitment, and retention of buildir*g inspectors and building officials. 3039 Clarifies the procedure fbr appealing a local building officials interpretation of the Flor/da Building Code. 303.10 Clarifies the effective date of the Florida Building Code in relation to plans review or buikling permit applications occurring prior to July 1,2001~ Eminent Domain and Inverse Condemnation 304 Lochl govenh~nents often find it necessary to use their power of eminent domain~ to acquire land for such public purposes as roads, public buildings and facilities, downtown and community redevelopment, and for the preservation of natural resources. However, local govermnents' reasonable exercise of this power is often complicated by the unnecessary costs associated with the eminent domain process. Thc Florida League of Cities will support legislation that: 304.1 Minimizes costs associated with condemnations and that places reasonable restrictions on the legal expenses. 304.2 RedUces the costs associated with claims filed against municipalities alleging inverse condemnation or statutory actions associated with land use management. 304.3 Establishes reasonable limits on the amount of business damages awardable in an eminent domain action. 304.4 lmp~emcnts a process of fight-of-way acquisition that includes prelitigafion exchanges of information and encouragement of settlements. 304.5 Eliminates the payment of attorney fees and costs on appeal when there is no additional award to landowner~ 304.6 Establishes an appraisal process using an impartial, court-appointed panel of property appraisers, engineers, accountants and economists. 304.7 Compensates municipalities for the loss of tax base resulting from condemnations originating from other governrnental entities Community and Economic Development 3O5 Substantial outgrowth of commercial, state and federal governmental facilities has occulted in recent years from urban downtown areas. This urban sprawl has, in some instances, created undesirable situations in central city areas~ contributing to the subsequent decline in the tax base. The Florida League of Cities will support legislation that: 305.1 Provides technical and financial assistance to municipalities in using enterprise zones, and in redeveloping and revitalizing downtowns and existing urban areas. Community- based solutions should receive priority eligibility for such programs. 305~2 Providcs fair, safe, sanitary, and decent housing consistent with local building, land use, and zoning requirements. 305.3 Enables municipalities, acting tNough community redevelopment agencies, Main Street, and other local programs, to effectively carry ont redevelopment and community revitalization~ 305.4 Increases the armual limitation on the total mount of community contribution tax credits that may be granted against the corporate income tax and insurance premium taxes. 305.5 Compensates municipab~fies for the loss of tax base resulting from acquisitions originating from other governmental entities. Transportation 306 Municipalities provide a wide array of transportation services to citizens:, visitors and con,ancrcial c~titics. These transportation services include roads and highways, public transit, commuter rail, airports, seapo~ts, and pedestrian and bicycle ~'acilities. Municipalities are also impacted when other governmental entities locate transportation lac/l/ties ~vithin municipal jurisdictions. Appropriate plam~ing and funding are essentiaI to maintaining a viable transportation system within the state. Thc Florida League of Cities will support legislation that: 306 1 Enhances the role of municipalities regarding flexibility in the placement, design and funding of transportation Yacilities directly affecting the municipality. 306.2 Requires the state to adequately fi2nd ongoing costs for all transportation responsibilities transferred to municipalities and to reimburse municipalities in a timely manner for the cost of constructing and maintaining any attthorized Department of Transportation projects. 306.3 Provides for information shazing during the planning process to determine the most cost efficient route/bt transportation projectso 306.4 Provides fbr more equitable representation of municipalities on Metropolitan Planning Organizations, and coordination among municipalities and counlies where there are no Metropolitan Planning Organizations. 30&5 Encourages the use of modes of transportation that utilize alternative fuels to he[p address Ire concerns of air-quality, mobility of people and goods, and other transportation-related challenges. Intergovernmental Relations Priority Thc Florida League of Cities will support legislation that streamlines state laws and agency role procedures regarding municipal comprehensive planning functions and eliminates those determined to be tumecessary; includes provisions that recognize the unique characteristics of local communities; flexibility for local government implementation; and recurring statc-filnding to support local governments' processing of state-mandated comprehensive planni[ng and evaluation and appraisal reports. Multi-JuriSdictional Relatio, nships 400 Thc Florida League of Cities recognizes intergovernmental responsibilities which transcend local boundaries to meet the needs of citizens. It is important that each level of government respects the goals and objectives of each entity, and uses their unique resources to understand and respond to concerns. The Florida League of Cities will support legislation that: 400.1 ReqUires representation of municipal elected officials equitably from both large small municipalities on all new and existing regional and local districts, councils, agencies, state-designated committees, and authorities such as Metropolitan Planning Organization and transit authorities that impact municipal affairs. 400.2 Limits the creation of independent special districts in uninco~?orated areas. 400.3 Creates a more defined role for municipalities in state technology planning and regulation, encourages expanded intergovernmental information-sharing, and encourages efficient and effective use of emerging technologies by all levels of government. 400.4 Provides adequate state funding and staff resources for research and development of a stateWide government and geographic information system to be easily accessed by citizens and federal, state and local governments. Emergency Management 401 The Florida League of Cities acknowledges that disaster preparedness and hazard mitigation planning wilI assist municipalities in their response to natural and human- made disasters and emergencies that threaten their communities. Ho~vew,~r, in order tbr muni~cipalities to undertake these pre- and post-disaster activities, adequate and direct state funding and training are necessary-. '['he Florida League of Cities will support legislation that: 40ti Ensures that the state directly provides disaster preparedness and J:taz~ucd mitigation p!am~ing resources, training and fiscal assistance to mnnicipalities so they cm~ respond to natural and human-made disasters and emergencies that/hrcaten their cammunities. 401.2 Ensures that there is consistent and continued emergency management communication and coordination among 1'ederal, state, county and municipal officials to facilitate pre- and pOst-disaster mitigation planning and operations, such as, but not exclusive to, the Local Mitigation Strategy Program. z~01.3 Ensures that the state's teclmical and financial assistance and associated programs are structured to allow for municipalities to have maximum flexibility in tailoring their disaster preparedness planning to the unique or special circumstances and[ needs of the community, 401.4 Ensures continued operations of loan and insurance programs that f:hrther hazard mitightion policies~ 40! .5 Ensures the insurance arid reinsurance industries provide incentives tbr nfitigation through ra[e adjustments that rexvard policyholders that take hazard mitigation actions. 401,6 Reduces and flflly funds Florida's emergency public shelter dcficih by increasing the number of safe emergency public shelter facilities, as well as ensuring that state, county and m~micipal governments mutually select the designation of emergency public sheher space. Intergovernmental Programs 4O2 The League supports actions that strengthen and create partnerships between federal, state, regional and local governments toward the goals of increasing local funding, expanding opportunities for local revitalization, and furnishing effective technical assistance to provide essential governmental services. Actions that increase the fimding and programs designed to assist in providing affordable housing tbr the homeless, thc elderly and disadvantaged citizens are strongly supported. Key among these programs is the: Community Development Block Grant (CDBG) program, which historically helps local govcrmments address housing, economic development and infrastructure needs. The Florida League of'Cities will support legislation that: 402. i Provides greater direct municipal access to Small City CDBG funding to non- entitlement cities for the purpose of financing vital community development programs and encourages loans and grants to low- and moderate-income properties as identified by the local government, 402.2 Prohibits any proposals to change the Community Development Block Grant formula. 402.3 Builds a more effective housing partnership betxveen thc private sector, including non- profits, and government at all levels, to provide more affordable housing where shortages exist, and discourages concentrations of low-income housing. 402~4 Protects and enhai~ces the State Housing Initiative Program (SHIP) to be allocated to counties, and cities xvhicl~[ includes direct technical assistance, funding at~d training fi)r staff Who are involved in the administration of local aflbrdable housing and rclatcd programs. 402.5 Ensures that no state-mandated regulatory requirements impede local governments' development of and access to affordable housing, while maintaining local governments' flexibility to meet their community's affordable housing needs. 402~6 Contihues and increases funding for the Florida Institute of Government',s training aad research programs, in recognition of the.importance of improving local government kno~vledge and skills. 402.7 Preserves municipal zoning and development code authority over nonprofits including churches, and religious institutJons~ 402.8 Contihues grant funding for international programs that assists cities with economic development, cultural, social and informational exchanges and partnering opportunities. Unfunded Mandates 403 In 1990, the state constitution was amended to limit the Legislature's ability to pass unfunded mandates to county and city governments. Implementation legislation for the amendment is reserved to the Legislature and has not yet occarrcd. The most important considerations for cities are defining fiscal impact of proposed legislation and estabtishing local venues for the legal challenges of unfunded state mandates These issues ~vill continue to be a significant priority for Florida's cities. The Florida League of Cities will support legislation that: 403~ 1 Strengthens the concept that local issues are best resolved at the local level of government and prevents attempts to erode municipal government powers. 403.2 Establishes a state procedure within a specific agency 'to assess the intergovernmental impact of shifted and diminished federal programs and block grants upon cities and counties, consistent ~vith the constitutional unfunded mandate provisions. 403.3 Limits the state's ability to require municipal government enforcemen! of state policies and programs and ensures that all costs incurred by local governments administering state laws be offset by sta~[e revenues. 403.4 Provides a new recurring state funding source for thc comprehensive plan preparation of futt~re incorporated municipalities. State Agency Rule-Making 404 The Florida League of Cities acknowledges the effbrts the state has taken to streamline and improve the agency rule-making procedures. However, it is importan[ that the state continues to respect the Home Rule authority and uniqueness of cities and that cities not be included under the auspices of thc Administrative Procedures Act~ Thc Florida League of Cities will support legislation that: 404.I Redesigns the state agency rule promulgation process as "oatcorne' versus "presCriptive~' based. Public Education 4O5 The Florida League of Cities believes that a strong public education system is essentiaI to building and sustaining Florida's communities. The Leagb~e supports efibrts to ev&anee the quality of public education, and believes that adequate fiscal and material resources should be provided to address, among other issues, school overcrowding, student safety, the expansion of after-school programs, and the shared use of school and municipal facilities. The League further encourages state and local officials to adopt policies consistent with this goal. The Florida League of Cities will support legislation that: 405.i Eliminates barriers to allow municipal and school district property to be shared or co- located. 405.2 Grants municipal zoning and development authority over public schools. Municipal Service Delivery Management 406 Municipal service delivery areas should be coordinated in a rational and orderly mmmer to reduce duplication of services and to efficiently and effectively serve the needs of thc municipal citizenryo The Florida League of Cities will support legislation that: 406 1 Authorizes plam~ing and incentives for promoting the cost-efficient provision of municipal services without duplication. 406.2 Removes restrictions to allow local governments to redesign their service delivery systems to reduce duplication and utilize taxpayers' resources to enhance the effectiveness and efficiency of the delivery of esscntial serv-ices. Intergovernmental Coordination/Land Use/Annexation 4O7 Land use practices and irmnicipal boundary expansion should be coordinated to reduce duplication of services and provide for responsible growth and to efficiently and effectively serve thc needs of the municipal citizenry. The Florida League of Cities will support legislation that: 407A Ensures those state laws and agency role procedures over municipal comprehensive planning functions be streamlined to reduce um~ecessary requirements; and provide flexibility for local government implementation ~vhile taking into consideration the diverse characteristics of local communities. 40T2 Strengthens the ability of citics to eliminate all enclaves regardless of size: and provides reasonable procedures 1~o expeditiously amaex areas that are adjacent to their boundaries. 407.3 Requires counties to cort~ply with adjacent municipal land use plans when granting development approvals for property located within unincorporated areas. 407.4 Permits municipalities to amend their comprehensive plans and rezone property simultaneously with the voluntary annexation ofproperty~ 4075 Ensures the implementation of responsible growth management practices and that such practices support the Home Rule authority of municipalities. 407.6 Provides equitable incentives for land-use development or redevelopment projects for both urban and rural municipalities, such as, but not limited to, funding and technical assistance, without imposing additional restrictions. 407.7 Requires each local government, ia the housing element of its comprehensive plan, ~o provide Ibr a proportionate share of the respective county's population residing in group homes and assisted living facilities. 407.8 Permits municipalities to zone group homes and assisted living facilities. Environmental Quality Priorities The Florida League of Cities will support legislation that requires that at least one appointee to a Water Managc~ment District Governing Board be a representative from local government. The Florida League of Cities will support legislation that preserves municip:al franchising anthority over construction and demolition debris materials, and xvhich does not impose unnecessary restrictions upon municipal solid waste management programs. Potable Water Supply Management and Planning 500 Since the state's water resources are interconnected and mutually owned, all stakeholders should share responsibility for their proper management. The League supports responsible land and water use, cor~servation and planning based on appropriate data and analysis, and supports the development of alternative xvater supp!ies, such as, but not limited to, conservation, reuse, aquifer storage and recovery, intra-district alternative water supplies, reverse osmosis and desalination, and the use of surface waters. The Florida League of Cities will support legislation that: 500.1 Provi~des economic and regulatory incentives to promote environmentally and technically feasible water quality and supply management alternatives. 500.2 Provides that thc transfer of water should be the option of last resort ,once all other environmentally sound, financially and technically feasible local options have been exhausted. Furthermore, that transfer should occur with the concurrence of thc impacted municipalities and counties. 500.3 Provides that primary attthority should be granted to municipalities and counties fbr determining which water supply alternatives would best facilitate their water supply deveIopment. 500.4 Provides that, if transferring xvater from one jurisdiction to another, fees charged shall be based on full cost analysis and recovery, including environmental mitigation. A reasOnable surcharge may be levied by the donor city to develop alternative water supplies, in addition to any existing surcharges currently authorized by statute. 500.5 Aut?~orizes a recurring revenue-generating mechanism fbr funding water supply development and water restoration proj ects~ 500.6 Provides for financial incentives to promote environmentally sound alternatives available for the disposal of by-products from reverse osmosis and desalination. 500.6 Provides tbr financial ~ncentives to promote environmentally sound alternatives ?~vaJ]ablc for the disposal .of by-products from reverse osmosis and desalination. 50O7 Requires that the term of' water use permits be established to meet carnml and future demands without enviromncntal degradation to the surrounding area. 5008 Protects shallow water aquifers and surface xvatersheds used for public potable water supply systems fi'om the location of any petroleum products pipeline. 500.9 Requires local goven-anent representation on water management district goYeming boards~ 500.10 Requires that any market-based approaches relati~g to water conservzttion and use ensure that water rerrmins a public resource. Growth Management 501 Local icomprehensive plmming should be the cornerstone of land use, water planning and c,avironmental protection. No other management tool can effectively integrate and baianee bet~veen thc interests of a community while best serving the needs of the state. Rcquirements for local comprehensive piam~ing mandates, imposed by tihe state upon municipalities, should be minimal and fully recognize unique local characteristics and municipal Home Rule authority~ The League supports £bll public involvement and participation in any review of the Growth Management Acto Thc Florida League of Cities will support legislation that: 501.1 Requires the ordcrIy extension of urban sen'ices and infrastructure and provides redevelopment incentives tbr compact urban centers to discourage urban sprawl while promoting fiscally strong urban conm~unities. 501 ~2 Ensures that the unique resources and characteristics of a municipality are recognized and retained. E~vironmental Permitting 5O2 Proteclion of our environment is a major concern of all citizens of the state. The various environmental permitting processes of the state are important to the preservation of' our natural resources. While permitting processes should be streamlined, reasonable and financially feasible at ali levels of government, municipalities must have the ability to adopt and enforce unique or more stringent environmental standards as necessau, to safeguard the diverse characteristics of individual communities~ The Florida League of Cities will suppo~1 legislation that: 502.1 Allows £of continued discharge from a pem~itted municipal facility that is operating in accordance ~vith permit conditions, absent a clear demonstration by the regulating entity that said municipal facility is causing or contributing to degradation of ~vater quality, 502.2 Allows the delegation of state and regional permitting programs to certified or designated municipalities; upon their request. 5023 Establishes state, regional and county enviromnental permitting, surveillance, regulation and operating fees that are reasonable and custornmy and which do not exceed direct recovery costs. 502~4 Provides a waiver of financial penalty ~vhen a municipality or other regulated entity discovers and corrects an environmentai permit violation caused by a short-term malfunction in a facility, and opposes any public records exemptions. 502.5 Provides regulatory, rclief and increased fiscal incentives for rcmediation and redevelopment of"Brownfield" sites. 502~6 Rcquircs that agricultural "best management practices" be regularly monitored and enforced to ensure compliance with federal, stale, and local environmental standards. Solid Waste Collection, Recycling and Disposal 503 One of the major environmental management issues facing our state is the proper collection and disposal of solid waste. The state's highly permeable soils and yawing water tables limit the siting of new landfills and the expansion of existing landfills; therelbre, state incentives are needed to encourage feasible solid waste recovery, recycling, reuse and alternative disposal methods, in addition, the state's millions ,of tourists and business visitors, many of whom might not feel a personal stake in thc environmental beauty and health of the state, make Florida's litter an especially visible and troubling issue. Litter is an environmental contaminant that must be reduced at its T~:te Flor/da League of Cities will support legislation that: 503A Encourages '~cluntaty htt~r chmmat~on and education programs and preserves the state, local and private partnership for promoting volm,~ia~ recycling efforts. 503.2 Requires the Department of Environmental Protection to issue permits f~>r solid waste management facilities based on the best management practices and to allow lbr continued use of the facility, absent a clear demonstration by the state thai: the facility is causing environmental harm. 5033 Allows the development, expansion or upgrade of waste-to-energy facilities, providing they meet the current emissions standards. 503.4 Preserves thc authority of municipalities to manage and provide for the collection of sofid waste, including c:onsrruction anti demolition deh~qs, and to service their communities without cumbersome and unnece',~sary restrictions that i~hibit tkeir a~t}rority 5035 De/ines litter as an enviromnental waste and encourages voluntary litter eliminatiori programs by state, local or private organizations, 503.6 Encourages and/or supports curbsidc recycling programs. Stormwater 504 Stormwater runoff} which contributes to surface xvater and/or grom~dwater pollution, is caused by urban, inter-urban, and agricultural uses Urban areas should not be saddlcd with a disproportionate share of the costs or responsibilities associated wi!h stormwater r~moff. Solutions to stormwater runoff should entail a partnership approach betweeu municipalities, counties, schools, water management districts, and state agencies The Florida League of Cities will support legislation thai:: 504,1 Reqtfires contributing sources to share the proportionate costs of mitigating pollution from stormwater, and which ensures municipalities have thc requisite authority to collect and impose stormwater user fees, 504.2 Requires the Florida Department of Transportation or appropriate county to be responsible for mitigating new and retrofitting existing effects of stnm~watcr runoZ i?om state or county road systems. 504~3 Requi~es the Florida Department of Environmental Protection to permit regional stom~water retrofit facilities in urbanized areas to improve water quality, encourage u~ban revitalization and discourage urban sprawl, 504.4 Provides local governments with the fhnding mechanisms and regulatory authority sufficient to achieve state or federally mandated pollutant loading reductions. Coastal Management 505 Florida's coastal resources are considered to be among its greatest assets. These resources should be protected, especially land seaward of d~e Coastal Construction ContrOl Line (CCCL}, and e~zhanced so that they may continue to bc cnjoyed for generations to come. Florida League of Ckies -,,viii support legislation that: 505.1 Provides for a rcasomtblc and regular increase in publicly owned coastal land, emphasizing beach acccss, shoreline recreation, enviromnental education and hazard management, with continued support lbr Florida Forever, Florida Communities l'rust, Save Our Coast, Conservation and Recreation Lands (CARL), and other state and federal funding programs. 505.2 Grants revenue-generating authority for projects designed to enhance and improve public access to beach areas, bayous and estuaries~ 505.3 Requires strict enforcement of state coastal setback requirements in all jurisdictions. Interior Waters, Waterways and Connected Systems 5o6 The Florida League of Cities requests state cooperation, regulatory support and funding assistance for plans developed by local governments to maintain and restore the healthy function of water systems. Thc Florida League of Cities will support legislation that 506, Requires the state to assist in the permitting and funding of local government projects whose purpose is to protect natural systems from the pollutants and fluctuating flows caused by urban and rural development. 5062 Requires the state to assist in the permitting and funding of local government projects for construction, maintenance and improvement of stormwater facilities and conveyance systems 506.3 Requires the state to coordinate with and assist local governments in permitting and fhnding projects to maintain original design depth and improve water quality and circulation in existing canal systems. 506.4 Ensures that delineation of the boundary between publicly and privately owned submerged lands is established at the ordinary high water mark. 506.5 Requires that prior to the sale, lease or change of land use of publicly owned land, that impacted municipalities participate and make recommendations on such a decision being made by the govemmentai entities having jurisdiction. Wastewater;Treatment and ]Reuse 5O7 In most instances, municipal wastcwater is properly treated and recycled back into the environment. The improper siting, installation and maintenance of package plants and septic tanks ofien does not accomplish the level of tremment needed to protect thc ecosystems of the state, and acts only to exacerbate non-point source pollution problems. Wellfield or surface water contamination may occur, creating a serious; threat to the health and safety of Florida's citizens. The Florida League et Cities will support legislation that: 507.1 Prohibits the use of septic tanks in potable water wellfields and high-density urban ~rcas and allows their limited use in rural areas only when soil conditions, topography and water tables are suitable, and municipal services are not available. In addition, septic tank siting decisions should consider the cumulative impacts of septic tm~ks on a given area~ 507.2 Severely limits the installation of new, small package sewer treatment plants and increases state regulation of existing package plants, including strong measures to prevent improper operations, neglect and/or abandonment, and requiring closure when central sewage treatment is available. 507,3 Provides fimding sources for upgrading or replacing old or 5ailing scptic tank systems where municipal services are not available. 5074 Providcs incentives for' extensions of and hook-ups to municipal services. Wetlands 508 The state's wetlands are essential to the state's natural ecosystem. These wet/at, ds provide water filtration and storage, and serve as a natural habitat to fish and wildlife. Develepment in wetland areas should be prevented. The Florida League of Cities will support legislation that: 508.1 Ensures that municipalities retain the right to adopt and enforce more stringent wetlands and uplm~d habitat regulations within their municipal boundaries. 508~2 Facilitates and encourages wetland restoration and rchydration projects, including use of stormwater and/or treated wastewater for such projects. Hazardous and Toxic Wastes 509 Thc proper identification, containment, storage, treatment, transportation and disposal of hazardous wastes, household chernical wastes, infectious materials, and other toxic materials are essential l'or the protection of the public health, safety and welfare Furthermore, the proli£erarion of small, scattered disposal sites only exacerbates potential problems associated with hazardous and toxic waste management. A solution to the problems of hazardous and toxic wastes will require the cooperation of ~'ederat, state, and waste-generating and transporting industries. The Florida League of Cities will support legislation that: 509.1 Defit~cs chemieal, biological, nuclear, toxic and infectious wastes, and establishes procedures that track the generation, transport and disposal of such waste~ 5092 Encourages the imposition of enhanced civil penalties that exceed the cost of legal disposal against illegal generators and/or dumpers of hazardous and toxic matcrmls. 509~3 Encourages a reduction in the production of hazardous waste and promotes neutralizing potentially hazardoas waste on-site. 509~4 Provides economic and regulatory incentives to encourage proper disposal of residential hazardous waste. Environmental Funding 510 The state shall appropriate funds to pay for state enviromnental programs. The Florida League of Cities will support legislation that: 510.1 510.2 510.3 510.4 510~5 510.6 Authorizes permanent, recurring funding sources to assisl in thc financing of environmentally related programs that are mandated by the state. Increases state research funding to improve local waste disposal :md recycling technology and to expaird/create economically sustainable markets for recyclables. Reinstates and maintains state funding from the Solid Waste Management Trust Fund to support municipal and county recycling programs. Provides funding to local governments for eliminating exotic or nuisance pla'ats that disrupt the natural function of wetland and upland systems, or which disrupt municipal stormxvater and drainage :systems. Grants additional revenue-generating authority and technical assistance to, support local environmental and groxvth management programs regulated by the state. Provides funding for the restoration and maintenance of interior waterways and connected systems. 5107 Provides adequate funding for state and local greenways initiatives and urban connectors. 510.8 510.9 Provides funding to local governments for thc management and restoration of state lands purchased for conservation and recreation pm'~oses. Maintains a separate, dcdicatcd state funding source fbr improvement aud restoration of the Everglades ecosystem. 510AO Provides lhndmg £or research and programs to abate red tide. Provides funding to replace the tree canopy in areas subject lo citrus canker cradication effbrts~ Criminal Justice, Ethics and Personnel Priority The Florida League of Cities will support legislation that requires that job-related disabililies claimed from HIV, hepatitis, cancer, hypertension or heart disease be proven by the weight of evidence, and not a legal presumption of job relatedness. Public Safety 600 The Florida League of Cities recognizes that the degree of crime in a community directly impacts the community and its quality of life. The paramount criminal justice problems presently crippling our communities are violent crime, alcohol and drug abuse, arid the lack of appropriate and creative sentencing. Criminal penalties violent crimes, whether committed by juveniles or adults, should be increased. The Flor/da League of Cities will support legislation that: 600.1 Allows the usc of law enforcement forfeiture funds for thc continued support and operation of Community Resource Centers and other crime prevention activities to further the goal of neighborhood crime prevention. 600.2 Commits sufficient state resources toward adequately funding correctional facilities and law enforcement personnel, as well as drug prevention, education, rehabilitation and treatment. 600.3 Improves the process used by government and private agencies to track sexual predators/offenders when released or transfcrred into the community. 600.4 Increases the drug free "safe zone" from 200 to 100© feet for purposes of enforcing special criminal penalties for drug dealing in or near public parks. 600.5 Allows local governments to continue to adopt more restrictive local ordinances on title loan companies. 600.6 Provides for easier recover5' of stolen property by crime victims, and allows local governments to enact more restrictive ordinances for pawn brokering than state law. 600.7 Increases funding and local flexibility for mental health services either through the criminal justice system or mental health facilities. 600.8 Offers and improves law enforcement training to increase adherence to huruan sensitivity standards in the performance of police duties. Juvenile Crhne The Florida League of Cities recognizes that to adequately intervene in the lives of first-time, non-violent offenders and troubled youth, and to prevent fhrther loss of o~c~-r youth to edme, requires community involvement. Appropriate comnmnity involvement will enhance individual family responsibility for juveni[e offenders. The Florida League of Cities will support legislation that: 601.1 Provides incentives to businesses and/or governments that offer employment, career and educationaI opportunities to juvenile offenders. 60~ 2 Facilitates~ perm/ts, m~d creates funding and incentives for local govenm~ents to ]partner with other governmental entities, utiIizing existing public facilities, including school district facilities~ to operate juveni]e, out-of-school and after-school programs. 60~3 EncoUrages judges to use tougher sentencing for first-time~ violent juvenile otTenders. 601.4 Recognizes the fights of parents and certified schooI personnel tn adminisier reasonable and proper discipline to children in their carc~ Provides assistance to, strengthens or expands efforts by law enforcement, school and elected officials to stop violence in our schools. Personnel EXpenditures 602 Municipalities are major employers in Flor/da, with more than 100,000 employees. Persormebrelated expenses account for between 60 and 80 percent ofmunicipai budget expenditures. Municipal officials are held directly accountable to their citizens for these fiscal and administrative personnel decisions and should, therefore, have final control over the cost of providing pay and benefits fbr their employees. The Florida League o£Citics will support legislation that: 60Z I Protects the Home Rule abilily of every city to effectively and local1.,/' manage all aspects of employee satary and benefit packages, in the best interest of taxpayers as well as employees. 602.2 Would ailow flexibility in local govermment Mdding requirements For competitive youth. abrisk programs that provide construction labor. Local Pubhc OfficmL 603 !he Florida League of C:t ,~s recognizes that thousands of Florida citizens ate now serving in municipal offices and that most serve in this public capacity with little remuneration and great personal expenditure of time, eflbrt and talent. The League is of the titan belief that individuals in such public office should not be subjected to undue: or unreasonable restrictions in order to serve their f~llow citizens, nor should they be subjected to frivolous charges. The Florida League of Cities will support legislation that: 603.1 Requircs that any Sunshine and Public Records Laws, now or in thc future, apply equally to the Florida Legislature, state agencies, county and city governments. 603.2 Removes municipal employee personal records, and city-owned utility customer applications and payment records, from coverage under the Public Records Law. 603.3 AlloSVs relatives of elected officials to serve on advisory boards, except land plarming and Zoning boards, in aceordance with the conflict of interest requirements contained in Chapter 112, Florida Statutes. 603.4 Limits the ability of initiative groups to collect signatures for multiple constitutional amendment proposals, prohibits the compensation for the collection of signatures, and reforms the initiative process for greater accountability and state oversighL 603.5 Clarifies Section 286.011, Florida Statutes, and related case law, to :xempt public advi*ory boards, commissions and committees (whose function is fact-finding and the exchange of information on pre-assigned areas of interest) from the :Sunshine Law during these fi~nctions The law should apply to these bodies when they meet to exercise an authority to recommend to a decision-making public body, or to the general public. Employer/Employee Relations 604 Alternatives to collective bargaining, such as strikes, binding arbitration and using the "end run" to obtain pay and/or benefits, are tmacceptable to locally elected officials. The injection of a third party into the process of setting commLmity priorities and levyNg taxes is contrary to a representative form of government, and the essence of Home Rule~ The Florida League of Cities will support legislation that: 604.1 Prohibits binding arbitralion as a resolution to impasse under the collective bargaining law. Fire Safety and Emergency Services 605 Because the possibility of destruction of life and property by fire is a maLter of concern wherever people live, fire is one of the foremost threats facing local governments. The Florida League of Cities recognizes that local government has been, and should continue to be, the primary force in combating this danger. The Florida League of Cities will support legislation that: 605~I Removes all rcstrictions from municipalities receiving a certificate of public convenience and necessiiy fbr emergency medical services, and requires appropriate and equitable funding from the Emergency Transportation Services Trust Fund when the municipality provides emergency medical services~ 605~2 Makes funding available for equipping the state's first responder services in wildland/urban interface areas of Florida. Monies are needed for wildland firefighting clothing and gear, emergency communication equipment, and replacement antiquated brush trucks and engines. Utilities and Telecommunications Priority The Florida League of Cities will support legislation that continues to simplify and enhance Florida's state m~d local fiscal policy in regards to the commuuications industry, which includes, but is not limited to the fbllowing: Establishing accurate local[ govermnent communications services tax conw:rsion rates; Establishing an accurate municipal communications services tax maximum ]rate that replaces the revenue capacity of the replaced revenue sources; Establishing an accurate and competitively neutral system for situsing transactions which recognizcs municipal boundaries (situsing involves determining which city or unincorporated area taxa}~lc transactions occur); Authorizing thc Department of Revenue and local governments to share in formation with one another and requiring the Department of Rcvenue to inform local governments of matters that affect their tax collections; R.cquiri~g communications services providers to properly use or update their :Iax compliance procedures based on infom~ation received by the Department of Revenue fi~om local governments; Clarifying the authority of local governments to continue to require iYanchise agreements fi-om cable service providers; and Recognizing revenues generated by the communications services tax are local government revenues, available for local government purposes without interference from the state. Public Property Management 700 Public rights-of:way are real property of substantial economic value and interest to local communities that are held in common and controlled by municipalities for ~he benefit of the public and to facilitate the movement of commerce. Municipalities arc trustees of public rights.-of-way and, as such, engage in a variety of activifies, including granting franchises, pronmlgating construction standards, charging fees, levying rental charges and issuing pe:rmits. These activities arc undertaken to minimize service disruptions to the public:, protect public investments in the fights-of-way and assure the appropriate placement o~[' service facilities. There should be no action by thc legislature that restricts the authority of municipalities to manage this public asset and re receive fair and reasonable compensation from private users of this property. The Florida League of Cities will support legislation that: 700.1 Ensures municipal government remains thc principal authority without restrietions to negotiate, collect, audit and use franchise revenues at its discretion. 700.2 Promotes competition and efficient use of public property by ensuring that those wire use thc pu[~lic rights-of-way pay fair value, impact costs and administrative fces to municipal gove.mmenis for that use. '7003 Ensures that taxpayers are not required to subsidize the use of the rights-of:way either through low rates for use, or by reducing revenues now available to mcmicipalities. 700.4 Ensures municipalities are able to prevent repeated disruption of streets by establishing requirements /hr the placement and use of conduit and other int?astrocturc in public rightS-of-way~ 700.5 Ensures that municipalities may require thosc who wish to use the rights-of-way to show:that they are qualified to do so, and ensures that municipalities arc able to prevent unqualified entities fi'om entering the rights-of-way m~d creating hazards to the public and to property~ 700~6 Ensures any users of the rights~of-way may be charged fair and reasonable compensatio~ (ie~ rem or fcc) for that use, even if the user does not own those facilities located in the rights-of-way 700~7 Directs that an unbiased and comprehensive study of the total life cycle costs of overhead versus underground electric utilities be undertaken. Telecommunications '701 Florida cities strongly support the development of competitio~r in telecommunications. HoweVer, while the information superhighway presents considerable opportunities, it also presents considcrablc challenges for municipalities. As events unfold, it is clear that some communities may be bypassed by the telecommunications reval orion and that the regulatory po~vers that municipalities have enjoyed may' become more vuk~erable~ To ensure that the development of the information superhighway benefits ail municipalities, steps must be taken to ensure that their role in protecting the interests and safety of their communities is not sacrificed and local control is maintained. The Florida League of Cities will support legislation that: 701.1 Maintains municipal governments' bonding capacity by ensuring that the development of the information superhighway does not reduce the revenues available to munidpalities, or impose new costs upon them or their citizens. 701 ~2 Includes expanded definitions of cable and telecommunications products and services to keep up with tlre development of technology. 701 3 Eliminates tax inequities by allowing similar taxation of functionally equivaie~2t telecommunications services regardless of the sen, ice provider. 701.4 Ensures mmficipal authority to provide telecommunications services~ 701.5 Recognizes municipal author/ty to impose reasonable, nondiscriminato~7 requirements for the provision of telecorcnnunications services within the municipality, se. long as such requirements do not conflict with the current jurisdiction of the Public Service Commission~ Utilities: Electric, Gas, Water and Others 702 Much like the deregulation of the telecommunications industry in 1996, efforts are underway at the state and fcderal levels to allow increased competition in the electric and gas utility industries. Municipal officials recognize that market and consumcr pressures exist for cost efficient utilities. They also recognize the need for safe ~md reliable electric and gas; systems. It is paramount that restructuring the delivery of elect*r/city and gas not interfere with municipal authority to manage public rights-of- way; administer franchise fees, collect other revenues, or become utility aggregators. In addition, municipalities should not be restricted on the use of the fimds generated l¥om utilities, nor be preempted from establishing rates for providing such services. The Florida League of Cities will support legislation that: 702.1 Repeals Section 166.23I(1)(b), Florida Statutes, which exempts the fiiel adjustment charge from the Public Service Tax. 702.2 Ensures municipal authority to levy, collect, audit and use Public Service Tax revenues at its discretion. 702~3 permits imposition, audit and collection of the Public Service Tax on utility services used within a municipality, even if the utility service is purchased elsewhere. 702~4 Changes the Public Service Tax to a use or sales based tax. 02.5 Ensures the authority of' municipalities to provide utility services now and into the future~ 702.6 ProteCts the stranded investments of municipalities. 7027 Protects municipalities from reductions of assessed value of utility property, in-lieu payments, or other revenues, as a result of eleclric restructuriug. 702~8 Allo'a's municipalities to become aggregators of services, whether indivi,flually or on a collective basis. 702~9 Mairttains municipal authority to sct rates and establish service for water, sewer, electric, gas, telecommunications or any other municipally operated utility. 702~i0 Erasures municipal competitiveness in providing or arranging for utili(y sen'ices by exempting f?om the Public Records Laxv related business records. 702~11 Recognizes that certain public records pertaining to utility compliance audit work papers should be exempt under the Public Records Law. 702~12 Protects municipal authority to provide utility services outside incorporated boundaries and to charge a reasonablc surcharge tbr these services. 702.13 Ensures the ability of municipalities and municipal utilities to provide a full range nf services and products for customers xvithout subjecting such activities to taxation or undue: regulation. 70214 Authorizes municipalities to set water or sewer utility rates without having to meet urtrcasonable notice requirements. Universal Service As the dcploymcnt of the infbrmation supcrhighway continues, municipal o:[ficials remain concerned that their citizens have universal access to affordable, basic communications services, regardless of whether they reside in urban, suburban or rural areas. Toward this end, state and local governments, businesses and citizens rrtust all work together, as equal partners, to recognize this shared goal and to cooperatively find ways to ensure universal service is rcalized. Growth Management Legislative Policy Recommendations (as adopted by the Intergovernmental Relations and Environmental Quality Legislative Policy Committees on 11/16/00) TABLE OF CONTENTS Items Page PREFACE ............................................................................................................. 2 INTRODUCTION ................................................................................................. 2 GROWTH MANAGEMENT GOALS .............................................................. 3 Annexation R~fonn ............................................................................................... 3 Recurring Funding Source for Comprehensive Planning Requirement ................. 3 Strcmnlining df Comprehensive Plamling Procedures .......................................... 4 Urban Sprawl/Municipal Service Delivery ............................................................. 4 Growth Paying for Itself ....................................................................................... 4 Protcctinn of Natural Resources ............................................................................ 4 GROWTH MANAGEMENT RECOMMENDATIONS ................................. 5 Annexation Reform ............................................................................................... 5 Recurring Funding Source for Comprehensive Planning Requirement ................ 5 Streamlining Local Government Comprehensive Planning .................................. 6 Urban Sprawl/Mm~icipal Service Delivery ............................................................. 6 Developments of Regional hnpact ......................................................................... 7 Areas of Critical Concern ...................................................................................... 8 Implementation of the 10 Principles for "Smart Growth". .................................... 8 CONCLUSION ................................................................................................... 9 PREFACE The Florida League of' cities concepts for growth management xvere delibcrated over a period of one year by members of various Ad Hoc committees and members of both the Intergovernmental Relations and Enviro~m~entaI Quality Legislative Policy Committees. The purpose of the groups' review was tp formulate a comprehensive policy to address Florida's future growth management practices, to provide a municipal perspective as implementers of growth management laws and to act as a resource to state policy makers, including the Governor's Growth Management Study Commissioni INTRODUCTION The Florida League of Cities generally supports legislation that ensures those state laws and agency rule procedures over comprehensive planning functions be streamli!ned to reduce unnecessary requircmeuts, promote local flexibility and define the role and interests of the state. Such streamlining should occur only after a comprehensive and deliberative review of the Growth Management Act. Legislation should consider the diverse characteristics of municipalities and provide a dedicated funding source for mandated local planning activities Thc 1985 Growth Management Act, which shaped comprehensive plans in ew~ry community, has for the mpst part remained unexamined since its creation. In many cities, the comprehensive plan has beerl a helpful tool in creating a better quality of Iife. After 15 years, it is time to revisit the act to detbrmine if goals have been met and how best to implement revised "smart growth" strategies tha! ensure economic prosperity while maintaining the quality of li re. Current policies, although wel~ intentioned, are too "one size fits all" to be effective and haw: generally not resulted in achievement o f goals and objectives set forth. Unnecessary igovernment expenditure to support comprehensive planning requirements and urban sprawl idevelopment can be avoided only if growth is properly managed and channeled to designated and acceptable urban growth areas and city and county governments continue to play a primary rol~, in managing Florida's growth. (,,ROW ~[ H 7VlANAGEMEN F GOALS The Florida l~eaguc o£ Cities considers governmental decisions to be vit;.~lly impoFtant in maintaining a high quality of life Jn Florida. Thc intended goals of the ctlrrent process of growth management remain soui~d and thc process has benefited Florida in many ways. Like ~ny sueh process, howe[vet, it must be a4justed periodically to accommodate uew developments and unforeseen nedds. Improvements for the future should be made while preserving attributes from the past. The League searched for the appropriate "growth management tools" to help governtncnts I~etter prepare for rnanaging the growth of the f'~turc. Accordingly, the Florida League of Citi&s targcts the 8.>llowing growth management goals: Annexation Reform Recu~ing Funding Source for Comprehensive Plan Requirement Strcamlining of Comprchensivc Planning Procedures Curtailment of Urban Sprawl/Municipal Service Delivery Growth Paying for Itself The Protection of Natural Resources Annexatiot~_Rqform Annexahon in Florida was traditionally crnployed to enable rural properties to receive re:ban services As originally envisioned, this process provided a mechanism to ensurc the rationale and cdst effective expansion of mnnicipal borders, while at the same time minimize the occurrence of duplicative serv ce delivery. However, with Florida's tremendous growth and the demand for essential services, these: laws have not kept pace with tI~e needs of our communities. in fact, current procedures are so inflexible that tl~ey o£ten lead to continuous int, ergovernmental conflict in bothDhe provision and financing of essential services. It is therefore tee position of the League thatl the fbundation of any growth management revision must include an overhaul of annexation prodedures Specifically, we recommend that the state's annexation laws; be amended to encourage tile orderly expansion of municipal boundaries to ensure the coherent and cost- e~bctive deliver5,' of' urban/municipal services~ Recurrin~g~Fpn~ding Source lbr Comprehensive P[an~Sn~Reqt~irement In i 990,i the State Constitution was amended to limit the Legislature's ability to p~tss nn- l'nnded mandatds to county and city governments. Implementation legislation for the amendmen~ is reserved to tl}e Legislature and has not yet occurre& The most important considerations cities are: d¢firfing fiscal impact o/[' proposed legislation a.nd establishing local venues fbr the ~egal challenge} o~' un--funded state mandates. The State must fully fund ti:lc cost of local government% p~ocessing of state-required comprehensive planning requirements and evaluation and appraisal reports by establishing a recto'ring funding source within the Siate's budget. 3 Streamlining+_0f Comprehensive Planning Procedures ']'he F!orida League of Cities will support legislation that streamlines state laws and agency rule p~ocedures regarding municipal comprehensive planning functinns :md eliminates lhose determir~ed to be unnecessary; includes provisions that recognize the unique characteristics of local communities; flexibility for local govermment implementation; and recurring state-- funding to support local governments' processing of state-mandated comprehensiw~ planning and evaluation and appraisal reports~ Urban SprawI/Municipal Service Delivery Mumc~pahtms are the accepted and recognized urban form of government ~n thio nation and state. They are closest to the citizens and they are - by far - the principal supplier of basic services to resldents in mid-size to densely populated areas. The cost o£creating new services in outlying areasI is grcatcr than providing the same servicc by expansion through tm existing municipality with appropriatc infrastructure. Urban encroachment into agricultural and envirommental services and improved by delivery of encouraging infrastructure. Growth Payir y endangered lands should be prevented and growth in areas near existing public acilities should be promoted. The service capacity of municipalities must be modifying and expanding their revenue base; discouraging duplication in the rban services by other governmental or quasi-governmental entities; and igh-density urban development to better utilize existing municipally-owned for Itself Florida. will continue to grow in the future and at a rapid pace. Public facilities will have to be expanded to service this growth, but the financing of these new facilities should not unfairly fall upon existing residents. The creators and the beneficiaries of growth should absorb the principal ~hare of the cost associated with se~wicing the needs that arise from population growth~ ' Protection of ~atural Resources Floridds unique environment, beautiful beaches and moderate climate are a blessing but present many problems and challenges. Indiscriminate development in some are~Ls of the State has threatened to damage this natural environment. Florida's future growth should be managed and guided tl~ough a mutually agreed upon state urban/suburban growth policy designed to carefully protect our fragile eeo-system. Florida has minimum statewide natural resource protection requirements and possesses mm~y diverse and unique resources that may require additim~al prdtcction on a regional or local basis. Therefore, it is essential that local govcrnmcnts t'~ave the authority to adopt more stringent local standards to protect such resources when necessary. 4 GROWq H :MANAGEMEN]? RECOMMENDATIONS I'he Florida League of Cities I(}R and EQ Legislative Policy Committees recommeiid the lbllowing proposals in order to accomplish the goals that have 1-~een set forth here and to properly rent, age growth m Florida. Annexation Reform Mnnicipaliticsi traditior~ally are the urban form of government, whereas counties have been viewed as ;he Local arm of state government. Annexation in Florida was traditionally employed ~:o enable rnral property to receive urban services. With thc onset of counties providing setw'ices, lhe !.raditionaI reason to amicx has been diminished greatly. Florida's tremcndous gro'~vth rate and inflexible immexation policies have caused disruption i~ this historical relationship and a eontim~ons comqict in the deliver:/ and taxation procedures for many public services, in the absence of a reserve area agreement or joint p/amfing agreement, annexation in Florida has become an inGtation to litigation between cities and counties. We recommend that the role of municipalities ~s the primal' provider of basic local services should be re-affirmed. Further, to accommodate this policy, thc State's annexation laws should be ancnded to encourage the orderly expans!on of municipal boundaries to ensure thc coherent and cost-effcctive delSvery of urbmYmunicipO~ services Therefore, the League supports: A ./k method which ?rovides a procedure ~br the establishment, through the local Plam~ing process, of urban service and annexation boundaries adiiaccnt to and betwecn municipalities which recognizes eventual mmexation of those areas in a reasonable and responsible manner. Strengthening the ability of municipalities to eliminate all enclaves regardless of kizc and provide reasonable procedures to expeditiously annex areas tlhat are adjaccnt to their boundaries. A method that provides the annexation of urban service areas imo incorporated areas within specified time frames. ,5, method that t;ern~its municipalities to amend their comprehensive plans and rezone properly simultaneously with the voluntary annexation of property. Recurring Funding Source for Comprehensive Planning Reqnkement }m~ 990, the State ,.~onsmutmn was amended to limit the Legislature's abilky to pass un-fur~ded mandatcs to cqunty and city govermnents. The State must uphold the State Constitution by establishing a i~ecurring funding source within the State's budget to solely fmqd the: cost of local government's processing of state-required comprehensive planning requirements and evaluation and appraisal r~ports. Thc League supports legislation that: Limits the state's ability to require municipal government enforcement of state i policics and programs and ensures that all costs incurred by local governments administering state laws are offset by state revenue. Provides a recurring state funding source lbr preparation of comprehensive plans of future incorporaied municipalities. ill, Streamlining Local Government Comprehensive Planning The concept df local planning is essential if gro~vth is to be properly managed within the state. la 1975, the Legislature passed the first "Local Government Comprehensive Planning Act" which mandated that all local governments formulate a comprehensive plan that outlined how' they intend to manage their growth. Local govermnents throughout the State - at gq:eat local taxpayer expeOse - complied with this mandate. The State has not met its commitment to fund this p/mining requirement by statutorily implementing a funding source. Locat Governments have formulated and defended additional growth management concepts such as impact fees, density caps, and planned unit developments. The League recognizes the need lk)r coordinated plam6ag throughout the State, but believes that any changes in the present local planning process should be prezeded by a state cmnmitment to statewide planning goals which define the role and interests of the state and will not unnecessarily interfere with issues that are local :in nature. Emphasis should also be placed o~t "smart" and sustainable growth that does not compromise the ahility of future generations to address and thlfiI1 their growth management needs. Thc League suppers: A recurring funding source to provide financial and technical assistance to :improvc the quality of local government comprehensive plans. Legislative adoption of a state comprehensive plan that identifies significant state and regional issues, provides guidance for local government comprehensive plans, and promotes local :flexibility. C. Streamlining the Local Government Comprehensive Plan to eliminate [unnecessary and jurisdictionally duplicative requirements. IV. Urban !Sprawl/Mnnicipal Service Delivery The curtailmerit of urban sprawl should be a primary goal of any growth management program. Up until the i960's, 75% of Florida's population resided ~vithin city limits. Currently, 51% residc in unirmo¢orated areas and 49% within incorporated areas, but mostly within suburban settings-- neither urban nor rural. UFban sprawl leads to the waste of taxpayer dollars to expend or expand services in outlying areas. The cost of sprawl does not only involvu unnecessary expenditures of public dollars - ~t also leads to the unnecessary use of land, water, and other resources. Dkvelopment policies which authorize and encourage urban sprawl should be repealed; grov~th that is identified as contributory to a wasteful use of resources and which fuel urban sprawl development should be discouraged and not supported by public expenditures; and developments tvhich promote compact, orderly growth and/or infi/ling should be encouraged and 6 rewarded. Alll significant public expenditures should bc carefully scrutinized to ensure that they are not indire4tly creating more sprawl. Incentives shouId be crcated for prqjects that promote grm, vth in exikting uxqcmnizcd areas and disincentives for projecls not meeting these criteria. Growth management efforts and expertise have largely focused on urban areas. Carefhl attention is now needed ~o also address the growing needs of rural areas, among them protecting their unique characler, historical value',, cultural assets and natural resources while supporting their economic interests and vidt>ility. The League suppo~LS: A. ]Discouragement of development in areas where municipal government services land infrastructure are not available to support increased growth. Providing financial incentives for developments that encourage greater use of [existing urbm~ infrastructure. ~Xl] initiatives that ensure the implementatior~ of responsible growth management practices and support the Home Rulc authority of municipalities. Requiring the orderly extension of urban services and infrastructurc and provides ~edevelopment incentives for conrpact urban centers to &~scourage urban sprawl t~shile prornoting fiscally strong urban communities. Ensuring that the ~anique resources and characteristics of a municipality are recognized and retaine& Developments of Regional Impact (DP.d) The D[~I process is designed to monitor developments that impact more than one county. The FlOrida League of' Cities recognizes the need for a coordinated process for reviewing devclo[Iments that affect more than one jurisdiction. The concept of Developments of Regional Impact preserves thc concept of local decision-making, but of/.~rs an opportunity lbra challenge to a decision which may adversely affec~ the citi;',ens of another!jurisdiction. While there are some problems xvith the DRI process as i~I exists today, the League believes that the process can be greatly improved by implementing a ~'~umbcriofrevisions as suggested below. The League supports: ~'he use of the DRI process to allow review of major developments that impact across municipal or county boundaries and which allows a£feeted adjacent ~overnments to parhcipate in the appeal of a local goven~ent decision on the evelopment. ncreased state fhnding to administer the DRI process. ti'he establishment of flexible DILl guidelines in order to discourage the practice of' developments which deliberately fall under the DRI threshold limits, thereby avoiding the scrutiny of thc process. Eliminating thc State override of a local govcrmncnt order which demes a development permit lo a private development. i Establishing an automatic termination of any DR1 approval for which development has not occurred within a time certain. VL Areas ~f Critical Concern The Areas of Critical Concern Program provides a means for the State to become involved in local planning where there is a legitimate state or regional concern :~hat has been identified by the Gowsmor and Cabinet, and ultimately approved by the Legitslature. The p~ioccss offers the State the opportunity to coordinate with local governments in protecting the State's valuable natural resources The program requires the investment of state financial and technical resources to be used in conjunction with local resources. The Florida League of Cities supports the Area of Critical State Concern Program because of the protection it offers to the resources of the State and the many safeguards agains~ arbitrary intrusion into local affairs. The League supports: Expanded and sufficient state funding to properly administer the Area of Critical State Concern Program. [Lcgislative identification of specific issues (e.g. water, wetlands, heach erosion, ]etc.) that are of significant state importance which should be considered as criteria [for designation of Areas of Critical State Concern. VII. lmple/nentation of the 10 Principles for "Smart Growth" The Gbvernor's Growth Management Study Commissioffs guiding principles include growt~ management goals to create a method by which the state can best irnplement "smart!growth" strategies that balance economic prosperity with our exceptional quality of lifeI The Florida League of Cities reconunends the following key ingredients to crcatin~ prosperous and v/able communities and joins the League of Cali~%rnia Cities in recognition of the following 10 Principles for "Smart Growth": Weli-Plarmed New Growth Maximize Existing Inti-astmcture Support Vibrant City Centers Coordinated Planning for regional Impacts Support High Quality Education and School Facilities Build Strong Communities 8 Emphasize Joint Use of Facilities Su. ppo~ Entrepreneurial/Creative E:~'forts Encotlrage F~all Community Participation Establish a Secure Local Revenue Base CONCLUSIiON k'lofida's growth is going to continne. Total restrictions on growth are neither viable nor in thc best interestoflthei State or its citizens. Growth, however, can be managed so as to preserve our enviromnent mid to preserve the quality of/ife~ I~a order to properly manage mid provide for growth it is necessary to have a coordination of effbrts bctweca state and local gow~'mmcnts, Efforts must be made to cncourage whcrc scrv'iccs are presently aqailable or where they can be provided in a cost eflkcfive mannen k~flexible anndxation policies, lack of committed and consistent leadership, guidance aJad financial supp(rt from the State on policies concerning population growth and prevention of urban sprawl !have resulted in erosion of the traditional capacity to provided basic urban/suburbani scrvices~ These policies have created inconsistencies hi understanding proper local govemmeht relationships and taxing patterns. A responsible "urban and rural policy" must be established 'Dy thc State 1:o reestablish these traditional responsibilities. The Legislaturd must also adopt concrcte goals and objectives in a statewide comprehensive plan and provide both the technical and financial assistance necessary flor local governments to assist in attaining the[stated goals. Amending current annexation statutes is vital to this effbrt. Many state goals ma~ also be accomplished through the effective implementation of the ,existing Area of Critical Cor~cem Program and ~m expanded or revamped Development of Regional Impact program. The State alsd must be willing to provide the financial mad technical assistaa~ce to local govcsmnent in understanding and implementing statewide policies at the local level. I£ mus~ be the l~cal govcmmcnt's responsibility to regulate tocal growth and act in. coordination with '[he State in implementing thc state goals to guard against sprawl, protect our natural resources anc:!provide for the effective provision o£ seiwSces tN:ough the use o? tlqe eomprehcnsiveiplmming process~ Thc identification of problem areas and state intervention may prow: nccessar~; under certain limited situations. The primary responsibility fbr implementation at a ~oca~ ~evell however, must remain ~vith the local elected officials to ensure active ~' "e pal~ticipatinn, iliput mid support. I~ is essential t0 recognize and ~espect the concept that local issues are best resolved at the local ~evel et government a~d tc~ prevent attempts to erode municipal governing powers. Efl~ctive growth management in Florida will depend on general public suppoig and coopcrat!ion among all levels of govcmmcnt. 9 ,:~n ~enc~rne,~t to ©t-o~,,th Management Legislative Policy Recommendations: On page 6: a~icr IIB~ Recurring Funding Source for Comprehensive Planning Requirement . P?2?i~9~.~appropriate fiscal autonomy to address iocal infrastructure need,% a__s. _w~!l as~state =,,rowth ......... mana.oement, ...re cj uirements , .(Language 200.4 of the Municipal Finance and Taxation Committee)