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09-20-2007 Workshop City Commission Workshop Meeting , >.' > -, ,~,~-"--,. ,'~ ,." ~., ." September 20, 2007 9AM Executive Conference Room 19200 We~t CountrY Cluh Drive A ventura Fl111 RO AGENDA 1. Annexation of Unincorporated Areas West of City (City Manager)* 2. Proposed Land Swap - 21300 Biscayne Boulevard (City Manager)* Future Action Required: Ordinance 3. Library Interlocal Agreement (City Manager)* Future Action Required: Resolution 4. Addition of Public School Element to City of Aventura Comprehensive Plan (City Manager)* Future Action Required: Ordinance 5. City's Go Green Initiatives (City Manager)* 6. Newsletter- Super Homestead Property Tax Reform Vote- January 2008 (Mayor Gottlieb) 7. Adjournment * Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C' DATE: September 10,2007 SUBJECT: Annexation of Unincorporated Areas West of City Recently the County Commission has focused on legislation and studies that would suspend the consideration of incorporating new cities in favor of maximizing annexations of proposed areas into existing cities. The County has contacted the City to determine if we would be interested in annexing part or the entire unincorporated area included in the North East MAC. See attached Exhibit 1. BACKGROUND In September 2004, the City prepared an Annexation Feasibility Study of the North East Mac area to determine the fiscal feasibility of annexing the subject area. (see attached). The study was requested after representatives from the unincorporated area west of the City formally petitioned the City Commission in May 2004 to annex into the corporate boundaries of the City of Aventura. The rroposed area of annexation is generally described as follows: to the north - NE 215t Street or County Line Road; to the east - the Florida East Coast Railroad along West Dixie; to the south - the boundaries of the City of North Miami Beach; and to the west - Interstate 95 from NE 215th Street south to Snake Creek canal. One of the major concerns addressed was to determine if the current residents of the City of Aventura would need to financially subsidize the proposed annexed area. The study concluded that the City would experience a significant negative fiscal impact on it's budget if the Northeast MAC area were annexed to the City and the City used the available identified revenue sources and provided the same level of services as it provides to the residents and businesses in the current boundaries of the City. The first year deficit was projected to be $1,032,445, an amount that equaled to about 20% of the revenues anticipated from the annexed area. The County Code relating to electric franchise and utility tax revenues adversely affected the revenue projections by $1,403,700. Without overcoming those obstacles, it was not prudent from a financial standpoint to annex the area identified as the Northeast MAC. Based on the results of the study, the City Commission declined to further consider the annexation request. It appears the County is willing to reconsider the negative effects of the electric franchise and utility tax revenues. I have placed this item on the Workshop Agenda to determine if the City Commission would be interested in annexing part or the entire unincorporated area included in the North East MAC. If the Commission is interested in pursuing this maUer, I would recommend the following: . That the annexation study be updated; . That the new study include a proposed area for consideration; . That we proceed slowly in light of the property tax super exemptions statewide vote in January. If you have any questions, please feel free to contact me. EMSI EXHIBIT I BROWARD COUNTY LINE I -r:-~~Jl ----I I ~ ---1 \ ---T1 ---i I x----" I 4__,L-j t-1 \ . --11 NE -aE ;::'..,1"-.:;; Jj^(' rtL{..I' ~(;;= :J{ T\... )> , <: o MIAMI.' ~iiiW ADA Coordination Agenda Coordination AnimalSelilices Art in Public Places Audit and Management Services Aviation Building Building Code Compliance Business Development Capital Improvements Citizens' Independent Transportation Trust Commission on Ethics and Public Trust Commun ications Community Action Agency Community & Economic Development Community Relations Consumer Services Corrections & Rehabilitation Cultural Affairs Elections Emergency Management Employee Relations Empowerment Trust Enterprise Technology Services Environmental Resources Management Fair Employment Practices Finance Fire Rescue General Services Administration Historic Preservation Homeless Trust Housing Agency Housing Finance Authority Human Services Independent Review Panel International Trade Consortium Juvenile Assessment Center Medical Examiner Metro-Miami Action Plan Metropolitan Planning Organization Park and Recreation Planning and Zoning Police Procurement Management Property Appraisal Public Library System Public Works Safe Neighborhood Parks Seaport Sol id Waste Management Strategic Business Management Team Metro Transit Task Force on Urban Economic Revitalization Vizcaya Museum And Gardens Water & Sewer Strategic Business Management 111 NW 1 st Street. 22nd Floor Miami, Florida 33128-1994 T 305-375-5143 F 305-375-5168 miamidade.gov August 3, 2007 Eric M. Soroka City Manager City of Aventura 19200 W. County Club Drive Aventura, FL 33180 Re: Annexation of Unincorporated Miami-Dade County Dear Mr. Soroka: On March 29, 2007, the Board of County Commissioners' Government Operations and Environment Committee held Incorporation/Annexation and Mitigation workshops to address issues relating to incorporation and annexation. The Committee instructed the County Attorney's Office to draft an ordinance suspending consideration of proposed incorporations and directing the County Manager to provide a report to the Board regarding efforts to maximize annexations into existing municipalities. A public hearing to consider the attached ordinance was held on July 11th and it was forwarded to the September 4th BCC meeting with a favorable recommendation. I am writing to inform you of the incorporation effort by the Northeast Dade Municipal Advisory Committee, located west of your city, and to assess whether your municipality is interested in annexing part or the entire unincorporated area covered by the proposed incorporation. The specific boundaries of the proposed incorporation and their relation to your municipality are identified on the enclosed map. Please advise us in writing of your interest to annex any area adjacent to your municipality no later than September 15, 2007. Should you have any questions, on the proposed ordinance, the incorporation efforts of the Northeast Municipal Advisory Committee, and the County's annexation procedures, please call me at 305-375-5143 or Jorge Fernandez of my office at 305-375-1543. Sincerely, ~ Jennifer Glazer-Moon Director Enclosure c: Jorge M. Fernandez, Jr., Program Coordinator Office of Strategic Business Management AU6 0 6 2007 OFFICE OF THe: CITY MANAGER ." ~ ~ -g ~ 0 ~~~ ~ I I f-q ~ ~~ :: :: ~~ia t~.~ E~~ 11 ~~ H~~lq, .~;:o~<.. =Jl$".....>I"g~ . ~>,~ r;a 1m H~~~,.~ ; ! 'I!~ "S ~~ Ct.!"'.El ~ g~ il~ e,si CL".. ~ ~~J & F -$-,~ C'":-t " ~ ~- ~ \.5 '~, .. ~ .. z .. z NE 19TH AV t- o> Ii; .... .. z .. t- '" ~ .. z ^" H~t~ 3N ^" H~t\ 3N NE 12TH AV NE 12TH AV Ii; '" ~ Ii; '" ~ .. z Approved Veto Override Mavor Agenda Item No 7 (A) 09-04-07 ORDINANCE NO. ORDINANCE RELATING TO INCORPORATIONS; SUSPENDING CONSIDERATION OF PROPOSED INCORPORATIONS UNTIL RECEIPT AND CONSIDERATION OF THE COUNTY MANAGER'S REPORT UNDERTAKEN PURSUANT TO THIS ORDINANCE; DIRECTING THE COUNTY MANAGER TO PROVIDE A REPORT TO THE BOARD REGARDING EFFORTS TO MAXIMIZE ANNEXATIONS AND UPDATED FINANCIAL INFORMATION RELATED TO THE NORTH CENTRAL DADE MUNICIPAL ADVISORY COMMITIEE STUDY AREA; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE WHEREAS, there are several Municipal Advisory Committees interested m incorporating their respective areas; and WHEREAS, proposed State of Florida legislative initiatives relating to property tax reform, if enacted, may have an affect on the fiscal viability of local governments in the future; and WHEREAS, annexation is preferred over incorporation since the unincorporated area at issue may be annexed to an existing city with established resources and services, and since less financial resources are required than those needed to establish a self-sufficient municipality; and WHEREAS, incorporation of a municipality is a discretionary decision of the County Commission, pursuant to the Home Rule Amendment to the Florida Constitution and the Miami-Dade County Home Rule Charter; and C:IWPIORD'A61HIOC l( Agenda Item No. 7(A) Page 2 WHEREAS, it is appropriate that the Board evaluate whether proposed incorporations may be pursued as annexations, particularly in light of current circumstances relating to property tax reform; and WHEREAS, it is in the best. interest of the County and its citizens to make these decisions advisedly and in an informed manner following comprehensive study and deliberation, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Notwithstanding any other provision.in the Code of Miami-Dade County to the contrary, proposed incorporations shall not be processed by the Clerk of the Board of County Commissioners or County staff or presented to or considered by the Board of County Commissioners, any committee comprised of County Commissioners, or the Planning Advisory Board, until such time as the report of the County Manager as described in Section 2 of this ordinance is presented to and considered by the Board of County Commissioners. Section 2. The County Manager is hereby directed to prepare a report indicating the interest of municipalities surrounding or proximate to the unincorporated areas represented by existing Municipal Advisory Committees in an effort to maximize annexations as the preferred method to pursue boundary changes to the unincorporated area; and provide updated fInancial information related to the North Central Municipal Advisory Committee Study Area. Such written report shall be submitted to the Board of County Commissioners within ninety (90) days of the effective date of this ordinance. Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid,. the remainder of this ordinance shall not be affected by such invalidity. Section 4. It is the intention of the Board of County Commissioners, and it is hereby C:\Jf'1''ORD\Atijj.DOC 5 Agenda Item No. 7 (A) Page 3 ordained that the provisions of this ordinance, including any sunset provision, shall be excluded from the Code of Miami-Dade County, Florida. Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: Prepared by: ~ CJ5/G'!C- Approved by County Attorney as to form and legal sufficiency: Cynthia Johnson Stacks/Craig H. Coller Sponsored by the Governmental Operations and Environment Committee C:iIf'P1ORDW6/S.DOC ~ ANNEXATION FEASIBILITY STUDY NORTHEAST DADE BROWARD COUNTY LINE Annexation Feasibility Study Committee Eric M. Soroka, City Manager Harry M. Kilgore, Finance Support Services Director Robert M. Sherman, Community Services Director Thomas Ribel, Police Chief Steve Steinberg, Deputy Police Chief Joanne Carr, Planning Director Prepared by: City of Aventura Office of the City Manager September 2004 CITY OF A VENTURA ANNEXATION FEASIBILITY STUDY NORTHEAST DADE TABLE OF CONTENTS TOPIC Summary PAGE NO. 1 Introduction 2 Profile of the Area 3 Miami-Dade County Annexation Requirements 4 Economic Feasibility Conclusion and Summary 4 Revenue Projections 6 Operating and Maintenance Cost and Staffing Office of the City Manager Finance Support Services Department Legal Department Police Department Community Development Department Community Services Department Non-Departmental Capital Budget 9 9 9 10 10 12 12 13 14 Exhibit A - Budget Detail 15 Exhibit B -Five Year Projections 36 Exhibit C - Miami-Dade County Code Annexation Requirements 37 Map A - North East MAC 44 North East Dade Annexation Study 1 INTRODUCTION The City Commission of the City of Aventura requested the City Administration to prepare a Study to determine the feasibility of annexing the area known as the Northeast MAC. The study was requested after representatives from the unincorporated area west of the City formally petitioned the City Commission in May 2004 to annex into the corporate boundaries of the City of Aventura. The proposed area of annexation is generally described as follow: to the north - NE 215th Street or County Line Road; to the east - the Florida East Coast Railroad along West Dixie; to the south - the boundaries of the City of North Miami Beach; and to the west - Interstate 95 from NE 215th Street south to Snake Creek canal. A map of the area is contained below. North East Miami-Dade County 3.2 Square Miles 8ROWARD COUNTY LINE This Study focused on the economic feasibility of annexing the proposed area. The purpose of study was to determine if the revenues generated within the proposed annexed area could pay for the cost of providing services to the area. This included the following components: . Revenue analysis . Service levels and costs . Infrastructure needs . Five Year financial projections. One of the major concerns addressed was to determine if the current residents of the City of Aventura would need to financially subsidize the proposed annexed area. North East Dade Annexation Study 2 PROFILE OF THE AREA The estimated 2000 population of the area is 16,736 persons. Table 1 reports selected demographic and economic characteristics of the area. The majority of the population in the Northeast area is white, non- Hispanic. Population Characteristics. 2000 Percent White, Not Hispanic Percent Black, Not Hispanic Percent Other, Not Hispanic Percent Hispanic Origin City 27,000 75% 2% 2% 21% Income Median Household Income Per-capita Income $40,332 $25,632 Housina Percent Owner Occupied 34.9 Percent Single Unit detached 85.0 Estimated number of units 7700 Source: U.S. Census Bureau, Census 2000 Summary File 1 and Summary File 3. Miami-Dade County, DEVELOPMENT PROFILE OF THE AREA The Northeast area covers 2,024 acres and its land use profile is shown in Table 3. Land Use Table 3 2001 Land Uses Northeast % Residential Commercial/Office Industrial/Utilities Parks/Recreations* Institutional Ag ri cu Itu ra I Vacant *Includes inland waters Source: Miami-Dade Department of Planning and Zoning, 2003. 40.6 ' 3.4 20.0 30.3 3.4 0.0 2.3 North East Dade Annexation Study 3 MIAMI DADE COUNTY ANNEXATION REQUIREMENTS The pertinent sections of the Miami-Dade County Code which outlines the process for annexation initiated by a City is included in Exhibit C The following are the important points contained in the Code: . The Miami-Dade County Commission along with a majority of the registered voters in the annexation area must approve an annexation petition. . The County Planning Advisory Board is required to review all annexation petitions. . The County shall retain all electric franchise revenues in the annexation area during the full term of the County franchise with FPL. . The County shall retain all utility tax and cigarette tax revenues in the annexation area forever. . The County may require that all garbage collection and disposal service for the annexation area remain with the County. ECONOMIC FEASIBILITY CONCLUSION AND SUMMARY The City of Aventura would experience a significant negative fiscal impact on its' budget if the Northeast MAC area were annexed to the City and the City used the available identified revenue sources and provided the same level of services as it provides to the residents and businesses in the current boundaries of the City. The first year deficit is projected to be $1,032,445 an amount that equals about 20% of the revenues anticipated from the annexed area. The following chart is a summary and overview of the estimated revenues and expenditure associated with the proposed annexed area. Revenues General Fund Transportation Fund Stormwater Utilitv Fund Subtotal $4,671,924 572,593 307.354 $5,551,870 Expend itu res Revenues over (under) Expenditures $5,075,830 1.508.485 $6,584,315 ($1,032,445) Operating Capital Subtotal The General fund revenues do not provide a sufficient revenue source to offset the additional costs required to serve the proposed annexed areas. Furthermore, a large portion of revenues derived from the Transportation Fund and Stormwater Fund are required to be earmarked for capital expenditures. North East Dade Annexation Study 4 However, one could argue that once the start-up costs are over, capital costs could be reduced which would free up funds to offset annual operating costs. In order to evaluate this approach the following chart was prepared showing a five year projection of revenues and expenditures. .btrlrl~~Cltion ~!IJ~Y Fi~'y'~ar ~E~~eC~iOn ^^^^^~^~4.oc^"" 2004/05 2005/06 2006/07 2007/08 2008/09 TAL PROJECTED AVAILABLE RESOURCES " $5,551 ,870~$5,448,534" $5,676,984" $5,915,983 "~$6, 166~564 JECTED OPERATING EXPENDITURES' 5,075,830 5,425,901' 5,874,489' 6,360,938r~ 6;802,372 SUBTOTAL 476,040 22,633 (197,505) .....(444,~5~L~ (6~~!.~g8) A detailed spreadsheet that outlines how the five year projection was developed is contained in Exhibit A. The five year projections were based on a six percent (6%) growth factor for development and property value increases and three and one half percent (3.5%) for most other revenue sources. Expenditures were estimated to grow between 7% - 8% during the first five years of acquiring the annexed area. The chart above clearly illustrates that the projected revenues cannot support the required operating expenditures. This does not take into consideration the need to continue to expend at least $500,000 annually for capital improvements after the start up years. The County's' Code relating to electric franchise and utility tax revenues adversely affected the revenue projections by $1,403,700. Without overcoming these obstacles it is not prudent from a financial standpoint to annex the area identified as the Northeast MAC North East Dade Annexation Study 5 REVENUE PROJECTIONS This section of the report reviews the sources and amounts of revenues that would be generated from the proposed annexed area. The Miami-Dade County's Office of Management and Budget was consulted regarding the revenue assumptions and estimates. The revenue projections were based on the following assumptions: . Per Ordinance, the County will retain all electric franchise revenues in the annexation area during the full term of the County franchise with FPL. This amounted to an estimated annual loss of $410,000. . Per Ordinance, the County, they will retain all utility tax and cigarette tax revenues in the annexation area. This amounted to an estimated annual loss of $993,700. . The City's lower tax rate was used to develop the ad valorem tax amount. This produced $139,000 less in revenue compared to the County's tax rate. . Per Ordinance, the County will only transmit transit tax revenue based on the population figure over 10,000 rather then the total population normally utilized for calculating the revenue estimate. This amounted to an estimated annual loss of $472,000. . Both the Street Lighting Improvement Districts and Security Guard Special Taxing Districts that currently are in place to provide service to the proposed annexed area will remain in effect. The City of Aventura dissolved the Street Lighting Improvement Districts after incorporation. If this action was taken with the proposed annexed areas, it would negatively impact the budget by $55,000. . The 2004/05 projection assumes that the current assessment of $333,000 for security roving patrol in the annexed area would be in effect for one year to defer costs of purchasing police equipment. After this time period it would be eliminated. Table 1 lists the projected revenues by summary category of $5,518,112 that would be generated in the annexation area. A detailed budget including all projected line item revenues is contained in Exhibit A. The basis for each revenue forecast is explained below. Locally Levied Taxes Licenses and Permits Intergovernmental Revenues Charges for Service Fines and Forfeitures Miscellaneous Revenues Total North East Dade Annexation Study 6 Ad Valorem Taxes On the whole, potential property tax revenue represents the single largest source of revenue. The estimate for the property tax revenue is based on applying the City's tax rate of 2.2270 on the taxable assessed value of the annexed area of 826,397,969. Assuming a 95% collection rate the amount generated by this source is estimated to be $1,782,127. This represents $556,000 per square mile. By contrast the City generates $3,674,000 per square mile. Franchise Fees Towing Franchise Fees are estimated to be $5,000 based number of projected tows in the area. Gas Franchise Fees are projected to $34,000 based on county estimate. Unified Communications Tax The estimate of $833,000 was developed by utilizing the City's per capital figure of $49.00 multiplier by the population figure of 17,000 for the proposed annexed area. City Occupational License Occupational licenses are projected to be $54,000 based on county estimates. Building/Engineering Permits Building/Engineering Permits is projected to be $252,000 based on county estimates. State Revenue Sharing The estimate of $165,593 was developed by utilizing the City's per capital figure of $9.74 multiplier by the population figure of 17,000 for the proposed annexed area. Half Cent Sales Tax The estimate of $972,778 was developed by utilizing the City's per capital figure of $57.22 multiplier by the population figure of 17,000 for the proposed annexed area. Charges for Service Assumes current assessment of $333,000 for security roving patrol in the annexed area would be in effect for one year to defer costs of purchasing police equipment. The other revenue figures are based on city estimates of recreation programs which are offset by expenditures. Total estimate for this revenue source is $375,500. Fines and Forfeitures The estimate of $125,926 for County Court Fines was developed by utilizing the City's per capital figure of $7.41 multiplier by the population figure of 17,000 for the proposed annexed area. The Code Violation Fine revenue was based on City projections of similar area of enforcement. Miscellaneous Revenues Interest earnings were estimated at $25,000 and a "catch all" line item for Misc. Revenues included an estimate of $35,000 based on City experience. North East Dade Annexation Study 7 Transportation and Street Maintenance Fund This fund is normally established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. Expenditures are accounted for in this fund by designating specific operating line items or Capital projects. Revenues are projected to be $572,593. The estimate for each revenue were developed by utilizing the city's per capital revenue figure and applying it to the population Of 17,000. Per Ordinance, the County will only transmit transit tax revenue based on the population figure over 10,000 rather then the total population normally utilized for calculating the revenue estimate. This generated $194,185. The funds will be used to support the following major first year operating costs and capital projects: . Implementation of transit system services - $100,000 . Road maintenance - $82,000 . Right-of way maintenance - $125,000 . Engineering services -$12,000 . Signage - $12,000 . Sidewalk improvements - $91,731 . Street Lighting improvements - $50,000 . Road improvements -$100,000 Stormwater Utility Fund This fund is used to account for revenues and expenditures specifically earmarked for the construction and maintenance of the stormwater drainage system. By applying the city's stormwater utility fee of $2.50 to the 10,562 ERUs in the proposed annexed area, less a 3% uncollectible, $307,354 would be generated for drainage maintenance and improvements. The county's rate is $4.00/ERU. Annual maintenance expenditures are estimated at $25,000. Therefore, $282,354 will be available for drainage capital improvements. North East Dade Annexation Study 8 OPERATING AND MAINTENANCE COST AND STAFFING This section of the report analyzes the annual cost and staffing of operating and maintaining services that the City of Aventura would provide to the Northeast MAC area in the event if annexation. The costs associated with each service area were developed on the basis of providing the same level of services to the annexed area as the Aventura residents currently enjoy. In order to forecast costs with a high degree of reliability, expenditure estimates were based on costs per unit of service and actual personnel costs experienced by the City of Aventura. The analysis also includes direct and indirect costs of service. Table 2 lists the estimated costs for operations and maintenance as well as the additional employees that the City of Aventura would need to hire to serve the annexation area. A detailed budget including all projected line item costs is contained in Exhibit A. The basis for each service area forecast is explained below. Table 2: Projected Operating and Maintenance Costs of Annexation Areas New Emplovees Cost o 42,500 2 156,250 o 65,000 43 3,386,904 4 439,973 9 664,203 o 321,000 58 5,075,830 Office of the City Manager Finance Support Services Legal Police Community Development Community Services Non- Departmental Total It was determined that the operating costs associated with the City Commission and City Clerk's Department would not be significantly impacted by the annexation. Office of the City Manager This department does not require any additional personnel to serve the proposed area to be annexed. The projected budget amount of $42,500 relates to the costs associated with; the personnel function for the 58 additional employees; distribution of quarterly newsletters and web page revisions. Finance Support Services The total cost for this Department is estimated at $156,250. Based on the 58 anticipated new employees and estimated additional financial transactions to serve the proposed annexed area the following new employees would be required: · Accountant! Bookkeeper · Network Administrator North East Dade Annexation Study 9 The personnel costs account for $143,250 of the total. The remaining amount includes additional operating costs generated by the new employees and audit costs. Legal The City of Aventura contracts its legal services to a private law firm. It is anticipated that the additional legal services costs for the proposed annexed area would be $65,000. This includes costs associated with day to day legal issues, zoning matters and service contracts. Police The City of Aventura's Police Department has a total of 110 positions. Of that number, 76 are sworn officers. The department provides a full range of services including road patrol, SWAT, marine patrol, criminal investigations, preventive patrol, bike patrol, crime prevention, traffic enforcement, school resource services and dispatch functions. Based on applying our current standards of service it is estimated that the cost for providing Police services to the proposed annexed area would be $3,386,904. The determination of this figure is based on the following analysis: A. Determination of Staffing levels It is first necessary to develop the uniformed road patrol requirements in order to determine the overall staffing levels. Currently the City of Aventura has a ratio of 2.7 sworn personnel for every 1000 citizens. If this ratio was applied to the annexed area 45 additional sworn police officers would be required. However, a more appropriate calculation in light of the impact of the mall on the City's staffing levels is to utilize the Workload Assessment Uniform Patrol Formula based on calls for service generated in the proposed annexed areas. In 2002 there were 13,977 calls for service in the proposed annexed area. The Workload Assessment Uniform Patrol Formula provides that 2 hours of patrol time for each hour of obligated time and each call on average takes one hour. Workload Assessment Uniform Patrol Formula Obligated Time:13,977 + Patrol Time: 27,954 = 41,931 total hours need per year. 41,931 dived by 8 hours/day =5241.38 divided by 365 days .year = 14.35 units per day. Based on the formula a minimum of 14 uniformed patrol officers a day would be required. However, in order to cover days off, vacations, sick leave etc. 21 uniform patrol officers would be required to cover all three shifts. (shifts A, B, & C). This would provide 7 patrol officers per shift. North East Dade Annexation Study 10 B. Staffing levels The following is a general overview of the staffing requirements to serve the proposed annexed area: . 21 Road Patrol · 3 Sergeants - One sergeant to supervise each shift · 2 Lieutenants - Required to supervise sergeants and officers and perform technical and administrative functions. · 3 Detectives -Needed to handle additional volume of calls. · 1 Crime Scene Technician - Required to handle additional work load. · 3 Police Service Aides - Required to handle increases in traffic related incidents. · 2 Traffic Officers - Required to handle increases in traffic related incidents. · 1 Records Clerk - Required to handle additional work load · 3 Community Police Officers - One assigned to each zone. · 2 Street Crimes Officers - To assist in suppressing burglaries, thefts and robberies in the annexed area. · 2 School Resource Officers - To provide services to the 3 public schools in the area. Total new employees: 43 (38 sworn officers) C. Operating Costs Operating costs for police services were developed by extrapolating the City's budget figures based on workload, population and service calls for the proposed annexed area. Funds were included to provide crossing guards at the public school locations and to insure the use of state of the art technology currently employed by the City's police services. D. Police Zones Based on geographic boundaries, population and calls for service it is necessary to break down the annexed area into three zones. The 2002 Calls for service by zone were: . Zone 4: 2,786 . Zone 5: 6,031 . Zone:6: 5,160 Although Zone 4 had approximately half the calls of the other two zones it encompasses four of the area schools and the heavy traffic on Ives Daily Road justify the zones geographic area. North East Dade Annexation Study 11 Proposed Breakdown of Zones Community Development There are 3 main service areas for the Community Development Department in the City of Aventura. The same 3 areas were analyzed as drivers for calculating costs for the proposed annexation area. The City of Aventura contracts its building review and inspections to a private firm. Based on estimates provide by Miami-Dade County it is anticipated that $250,000 would be generated in expenses with a like amount of revenue to offset the costs. An additional Customer Service Representative position would be required to address the increased workload relating to the permitting function. Code enforcement services ensure that the use of residential property and businesses conforms to the City's code of permitted and prohibited uses. It is an important function to ensure that property values are maintained. It is anticipated that 2 Code Compliance Officers would be necessary to provide the level of service required for the annexed area. It is anticipated that a additional Planner position would be necessary to process the planning and zoning related applications for new construction and redevelopment associated with the proposed annexed area. Community Services The City of Aventura's Community Services Department provides a variety of public services through the following Divisions: North East Dade Annexation Study 12 Public Works Division: Street and sidewalk maintenance, stormwater drainage maintenance, citywide beautification and landscape maintenance, street furniture maintenance, facility management and janitorial services, building security, fleet management for non-police vehicles, public works permitting, utility coordination, GIS mapping, and special event support, and audio visual services. Parks and Recreation Division: Operation of all City parks and the Community Recreation Center, planning and coordinating special events, recreation programming at the Community Recreation Center, youth and adult athletics, senior programming, tennis lessons, summer and holiday camps, public transportation management, and special event permitting to community groups. The majority of these services are provided using the private sector through contract administration. This concept would be extended to the proposed annexed area. The following park sites would become the responsibility of the City of Aventura if the proposed annexation occurred: Highland Oaks Park NE 203 St. and 24th Ave. 30 acres Ojus Park 18995 W. Dixie Hwy. 1.63 Two fulltime park supervisors and 6 part-time park attendants are anticipated to operate the two park locations. All maintenance and recreational programming would be contracted out. All public works and street maintenance costs would be contracted as well based on current City standards. One fulltime maintenance position is included to respond to service needs. It is estimated that contractual maintenance services, utilities for public works and parks functions would cost $361,000. Personnel costs account for $183,000. A total of $100,000 was also included to establish a free shuttle bus service to be funded by revenues from the Peoples Transit Program. Funds are also included to provide recreational programming at the park locations. It is anticipated that most recreational programming would be offset by user fees. Non-Departmental Non-Departmental Costs are estimated to be $321,000. Major expenses in this category are as follows: . Liability insurance $225,000 · Communication Services 50,000 · Contingency 25,000 · Other Operating Supplies 15,000 North East Dade Annexation Study 13 First Year Proposed Capital Budget The following represents the proposed capital budget needs for the first year of operations displayed on a fund bases. A total of $1,508,485 of capital costs was identified in the development of the budget. A detailed budget including all projected line item revenues is contained in Exhibit A. A. General Fund Police Department - $874,400 - The cost projection of $678,000 for police vehicle requirements was based on a phase-in program over two to three years. The first year assumes the purchase of 20 vehicles including radios, computer modems and equipment. The cost of providing laptop and desk computers for all additional employees is estimated to be $78,000. Radios for all required personnel are estimated at $118,400. Finance Support Services - $8,000 -Estimated cost for computers and equipment for additional employees. Community Development - $52,000 - Estimated cost for computers, vehicles and equipment for additional employees. Community Services - $50,000 - Estimated cost for design and preparation of bid specifications for start up beatification program. B. Transportation Fund After funding operating costs restricted by revenues received in the Transportation Fund, for the first year a total of $241,731 was available for the following recommended capital projects. . Sidewalk improvements -$91,731 . Street Lighting Improvements . Road Improvements -$100,000 It should be pointed that greater capital needs were identified for the proposed annexed area than were actually provided for in the first year budget. It is anticipated that they would be addressed over a five to seven year period. C. Stormwater Utility Fund After funding operating costs restricted by revenues received in the Stormwater Utility Fund, for the first year a total of $282,354 was available for drainage capital projects. It should be pointed that greater capital needs were identified for the proposed annexed area than were actually provided for in the first year budget. It is anticipated that they would be addressed over a five to seven year period. North East Dade Annexation Study 14 Exhibit A 4,671,924 572,593 307,354 . ,551.87.1il $ Services Services Non - Departmental 439,9 . ~, , . ~~~'~'~'~".i 664,203 ' ".. '"" ...uuuuuU~U~~~~~~~~~~H.'"H.. .'1 321,000i ,~j 8,000! 0' North East Dade Annexation Study 15 COMPARATIVE PERSONNEL SUMMARY Needed to Annexed Area Services North East Dade Annexation Study 16 Police Services Assessment Review Fees Bfe nts & Recreation fees Misc. Revenues North East Dade Annexation Study 17 North East Dade Annexation Study 18 I . I i""""""""'-"=-^'~~-~'-~'~'~H..t~._.~_._~"",,, 11000/2999 I Personal Services i3000/399~ Contractual Services 14000/4999 Other Charges & Services : 5000/5399 Commodities ........ ,5400/5499 Other Operating Expenses j..",", North East Dade Annexation Study 19 1 North East Dade Annexation Study 20 OTHER CHARGES & SERVICES Communication Services Printin.~& Bin~il1~ J\~ver~sing Other Current Charges North East Dade Annexation Study 21 BUDGETARY ACCOUNT SUMMARY North East Dade Annexation Study 22 Asst. Advoca te Fleet Mana er/Quartermaster Total Position Title Police Chief Executive Assistant Chief of Police Lieutenants Commander Police Officers Scene Tech Police Service Aides Detectives Crime Prev Specialist Pol/Crime Prev Off Records Records Clerk North East Dade Annexation Study 23 R&M- Vehicles 4645 . ~!JIc:~SLJiPIllEll1t~.,., ,~M - ()ffi.ce E:qu.iPIllElnt .. . Printing & Binding North East Dade Annexation Study 24 5290 Subsc:~!ions & Mem Conferences & Seminars North East Dade Annexation Study 25 1000/2999 Personal Services ~=.~.~='.W' '~"..'_._.=..W.'...W~"'H' , 3000/3999 Contractual Services 4000/4999 _()tI1~E_~~_arge.s~..~~!",ic~13 5000/5399 Commodities 99 ating Expenses Director Officer Customer Service Customer Service Rep II 4201 Total North East Dade Annexation Study 26 13190 4001 4101 'Communication Services '^' "'" "^'''---T^'''' 4610 IR&M- Vehicles ""~~~~~o.,"w_._, 464~"^~,,,~~M- Equip~ent"",,^ 4701~~"^,,J Prillting 4730 IRecords Retention North East Dade Annexation Study 27 Worker Tech/CAD from Fund Park Park Attendant 61 Facilities Manager fo Officer 8 Salaries 108,650 3,000 2101 2201 2301 Health!Life &Disability 2401 North East Dade Annexation Study 28 COI'ITRACTUAL SERVICES Prof. Servi<:~s:~~I1~scape Arch. LandsclTree Maint Svc-Parks 5450 North East Dade Annexation Study 29 50,000 3,000 2,000 225,0~~ 1,000. North East Dade Annexation Study 30 'I .."".."......,.,,.,,....,...,,,,,,,,,,,,,,,,,,,, ....J Police Del2artment ...,,_h'~hicl~~,.~ .......... I Ve bi c;l~~.q~iJ~.r:!!~nt .. ... . .. .LRad i 0 .................... I Modem ==_lg.9r1,p.LJt~~~.~~,... ....+ I Radios I ^'.w.""",,._+"'"~".="'..,., ,,_,,==-=_"""~=,>"""""**""_",J""""WW_" i Community Development mlCOl"!lput~~~ . IVehicles ... rEq~uiprT1e nt~'" 4 2 North East Dade Annexation Study 31 North East Dade Annexation Study 32 3351200 3353001 3353010 3383801 Intergovernmental Revenues State Revenue Sharing Local Option Cap. Impr. Gas Tax Local Option Gas Tax North East Dade Annexation Study 33 North East Dade Annexation Study 34 3110 Stormwater Utility Fees - It is proposed to maintain the Stormwater fee at $2.50 /ERU to fund the required drainage improvements. The following represents the computation of the revenues derived from Stormwater Utility Fees: Customer Data: No. of Billable ERUs Rate Per E RU Revenues: Gross Stormwater Less: Uncollectibles Yields: Net Stormwater Reven North East Dade Annexation Study 35 Exhibit B .... . ....... ....... .. .. ....~..... .... Anll.~lC:cation~~u(jy ... . .... ........... ........ .....u PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES 2004/2005 CURRENT YEAR REVENUES AVAILABLE FOR GENERAL GOVERMENT SERVICES AD VALOREM TAXES ~^ "'U"'O""'''''~'''''''''''~"'^-'"^'-'~"""^ ,^,~~"_k", FRANCHISE FEES uUNIFIEDeOMMUNICA TIONTAX CITY OCCUPATIONAL LICENSES . BUILDiNGREI.A TED REVENUE ST A TEuSHARED REVENUES-UNRESTRICTED HALF CENT SALES TAX FINES & FORFEITURES CHARGES FOR SERVICES "Mise: REVENUES COUNTY'OCCUP A TIONALuLICENSES 375,500 60,000 5,000 TOTAL CURRENT YEAR REVENUES $4!~.~1,924 TRANSPORTATION FUND STORMWATER UTILITY 572,593 307,354 ", "=__'mnF^> ,--,-- "____M______~~=_""" TOTAL AVAILABLE 2005/2006 2006/2007 2007/2008 2008/2009 $2,122,~2 J $2,249,8951(a)" 42,616: . 43,8951(b)' . 910,242 : 937,549~{b) . 59,007 . 60,17'7" (b) 279,397 1 289,176 (c) 185,81~L=~u 192,316 (c) 1,078,.536. 1,116,285 (c) 145,160 : 150,241 (c) 59,606 . 61,692 (e)"" .. 66,523 68,851 (ej 5,000 5, $1,889,05 40, 170 857,990 r 55,620 .' ~260,82 173.45 1,006,82 135,508 : 55,642 62,100 5,000 $4,542,189 'U~~.:..743,448 'S89}?1 316,575 : ""___n___ __M__________~^^M 607.464 326rg~.2 $ 5,551,870 $ 5,448,534' $ 5,676,984 $ 6,166,064 : (a) Assumes a 60/0 Annuallncrease (b)A.s~.u.rnEl!l a3% Annual Increase r---~w'" I ..Jc:) Ass~mes a 3,5% Annual Increase _ .. ~f1l1exi:ltion~!!l~Y... ..=- PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERf\JMENT SERVICES DEPARTMENT c:ityc:ommiliiSion .... ()ffic::e oft~~c:ityManager . Financ~SLlee()r1:Services 1~~gClI City C!!rIt.. Public.~afety .. .. ..... C()m mLlnity D~~eloPl11e nt . Com 111 unity .~..~ rvi ces r Non ,:...[:)!'If:1.Cl.r1:I11e n~I....... ..~., TOTAL PROJECTED OPERATING EXPENDITURES '''GENERACG'OVERNMENTAL SERViCES 2004/05 .$ 42,500 . 156,250 -~~~------' "", 65,000 o 3,386,904 439, -~-"iF~~- 664,2 321,000 $ 5,075,830 $ 2005/06 2006/07 '~'1" I ...."-cct.,.,,, 2007/081 $ 2008/09 ! $ $ $ 47,753 "_____n'n'n__nn_ ______"d ~~75,562 . 67,626 0: .. .3,950,14~.:~. 503,725 1 760,446 369,230 5,425,901 $ 5,874,489 $ 50,618 . 186,096 68,979 o 4,305,659 538,986 813,678 ---"-~'''' 396,923 5:f65s"1 19712621 . ....70:358.. o ""...,....,.....4'~~~:~f~ 870,635 ; 426,69i1 45,050 165,625 66,300 O. 6,360,938 ; $ 6,802,372 ::::"..1_,:::::: """~~""'"" ''''''',,:'~" ~~^ "m"um'~:::"""'U Annexation Study...... Fi\e.Year Projecti()~ 2004/05 . TA[PRoJECTE: D AVAiLlAB LERE's60RCES PROJECTED OPERATING EXPENDllURES SUBTOTAL : m~~4^" I ......... . .." 5,075,830 i 476,040 North East Dade Annexation Study 2005/06 2006/07 2007/08 2008/09 ..= ..'r"~' ,~~Q.:~ ....~.5,44a,53;.(:.... $5'El!~;,~~J. $5,915,98~ .$6,1El~: ...,~ ,. 5,425,901 22,633 5,874,489 I" 6,360,938 . 6,802,372 (197,50?2L... (444,955) ....._(6~6,~08) 36 Exhibit C Miami-Dade County Code Annexation Requirements Any proposed boundary change desired by the governing body of a municipality shall be initiated by resolution of such governing body adopted after a public hearing held pursuant to written notice mailed to all owners of property within the area and within six hundred (600) feet thereof in such proposed boundary changes, according to the current tax assessment roll, and pursuant to published notice; provided, however, that no notice shall be required when all owners of property within the area and within six hundred (600) feet thereof shall consent in writing to the proposed boundary change. The cost of such notice shall be paid by the governing body of the municipality. Three (3) duly certified copies of such resolution requesting the proposed boundary changes, together with proof of compliance with the notice requirements aforesaid, shall be filed with the Clerk of the County Commission, and shall be accompanied by the following: (A) An accurate legal description of the lands or land area involved in such proposed boundary change. (8) A map or survey sketch accurately showing the location of the area involved, the existing boundaries of the municipality or municipalities affected, and indicating the relation of the area involved to the existing municipal boundaries. (C) Certificate of the County Supervisor of Registration certifying that the area involved in the proposed boundary change contains either more than two hundred fifty (250) residents who are qualified electors, or less than two hundred fifty (250) residents who are qualified electors. (D) A brief statement setting forth the grounds or reasons for the proposed boundary changes. (E) In the event any municipality other than the municipality initiating the proposed boundary change is materially affected thereby, a resolution of the governing body of such affected municipality or municipalities consenting to the proposed boundary changes shall be obtained and duly certified copy thereof furnished to the Clerk of the County Commission. (F) In addition to the foregoing, there shall be filed with the Clerk of the County Commission the following information: (1) Land use plan and zoning. The municipality shall present a general land use plan and a map showing proposed zoning for the subject area which, if annexed, will be enacted by the municipality. This information shall be submitted regardless of size of area or state of existing development. (2) List of services to be provided. In this section the municipality shall describe in detail the character and amount of services which the municipality would provide to the area if annexed. The discussion of service levels shall take into account not only existing development but changes in the character and extent of development which may be reasonably anticipated in the near future based on the land use plan and zoning for the area as submitted by the municipality in accordance with (1) above. The North East Dade Annexation Study 37 statements pertaining to the various ser vices shall be set forth under the headings listed below. The character and amount of services now being received in the area sought for annexation shall be set forth for comparative purposes. (a) Police protection. (b) Fire protection. (c) Water supply and distribution. (d) Facilities for the collection and treatment of sewage. (e) Garbage and refuse collection and disposal. (f) Street lighting. (g) Street construction and maintenance. (h) Park and recreation facilities and services. (i) Building inspection. 0) Zoning administration. (k) Local planning services. (I) Special services not listed above. (m) General government. (3) Timetable for supplying the services listed above. For each of the services listed the time schedule for the provision of that service shall be set forth. The timetable shall be in terms of how soon after the annexation ordinance is finally adopted will the service be provided. If changes in the character and extent of the development in the area can reasonably be anticipated, these changes shall be taken into account in the proposed timetable. (4) Financing of the services listed above. ~'or each of the services listed above, estimates of the costs of providing, maintaining and operating the service shall be set forth along with the methods used in making the estimates. The sources of funds which the municipality would utilize in providing, maintaining and operating the services listed shall be stated for each service and the effect this will have on the remainder of the municipality shall be analyzed. (5) The tax load on the area to be annexed. This section of the report shall discuss in narrative form, including estimated figures, the direct and indirect tax revenue from the area sought for annexation after annexation compared with the current period before annexation. Particularly this section shall clearly and concisely appraise the tax impact on the property owners and others residing and/or doing business in the area, and on those residing and/or doing business within the municipality. Methods utilized in making estimates contained in this section shall be fully and clearly set forth. (G) Certificate of the Director of the Department of Planning and Zoning certifying that in the Director's sole determination an area proposed for annexation or separation having two hundred and fifty (250) or fewer registered electors is more than fifty (50) percent developed residential. This certification will determine whether an election of registered electors will be required as provided in Section 20-9. North East Dade Annexation Study 38 (H) A petition filed with the Clerk of the County Commission indicating the consent of twenty-five (25) percent plus one (1) of the electors in the area proposed for annexation provided however, no petition shall be required where the property proposed for annexation is vacant or where there are two hundred fifty (250) or less resident electors Sec. 20-5. Initial consideration of proposed boundary changes. The Clerk of the County Commission, upon receipt of a request for boundary change filed in compliance with Section 20-3 or Section 20-4 hereof, shall cause such matter to be placed upon the official agenda of an ensuing regular meeting of the County Commission, and shall notify the person, group or municipality initiating the boundary change of the date of the regular meeting at which such matter will be considered by the County Commission. A representative of the petitioners or of such municipality, as the case may be, may be heard briefly by the County Commission in respect to the merits or propriety of the request for such boundary change. The County Commission shall refer such proposed boundary change to the County Planning Advisory Board for review, study, consideration and recommendations. Sec. 20-6. Consideration by Planning Advisory Board. (a) The Planning Advisory Board, upon receipt of a petition or resolution referred by the County Commission and the recommendation of the Boundaries Commission, shall study, review and consider the request for boundary changes embodied therein. The Planning Advisory Board, in its discretion, may conduct a public hearing in respect to such proposed boundary changes and hear from all interested persons; the Board may require the petitioners or the municipality to furnish any additional information, data or instruments deemed necessary or desirable for consideration of such request. If the Planning Advisory Board conducts a public hearing in respect to such proposed boundary changes, it shall give written notice of such hearing to all owners of property within the area and within six hundred (600) feet thereof. The cost of such notice shall be paid by the individual, group or municipality initiating the proposed change. Before the Planning Advisory Board studies and reviews the request, the annexation report will be reviewed by the appropriate County personnel and by the Boundaries Commission. The statements contained in the annexation report pertaining to the quality, quantity, cost and timing of the services the municipality will extend to the areas requested for annexation will be reviewed by the appropriate County department to determine if the services proposed are adequate. The statements pertaining to the financing of the services and analysis of the tax load on the area to be annexed will be reviewed by the Miami-Dade County Budget Officer. Upon completion of these reviews, the entire application will be processed by the Boundaries Commission and the Planning Advisory Board and then forwarded to the County Manager's office for his review and recommendation prior to submittal to the Board of County Commissioners for their consideration. North East Dade Annexation Study 39 (b) The Planning Advisory Board shall make written recommendations to the County Commission concerning such proposed boundary changes. Copies of such recommendations shall be filed with the Clerk of the County Commission, and copies shall be mailed to a representative of the petitioners or the municipality. Sec. 20-7. Public hearing. The Clerk of the County Commission, upon receipt of the recommendations of the Planning Advisory Board and the Boundaries Commission, shall set the matter of such proposed boundary changes for public hearing at a regular meeting of the County Commission and cause notice of such public hearing to be published in a daily newspaper of general circulation in Miami- Dade County at least once not less than one (1) week prior to the date of such public hearing. Notice of such public hearing shall be furnished to a representative of the petitioner or the municipality initiating the proposed boundary change and to all property owners within the area and within six hundred (600) feet thereof. The cost of such notice shall be paid by the individual, group or municipality initiating the proposed change. At such public hearing, the County Commission shall review and consider the recommendations of the Planning Advisory Board, and shall afford to all interested persons an opportunity to be heard upon the merits and propriet y of the proposed boundary changes. (A) At the conclusion of the public hearing the Board of County Commissioners, in evaluating the appropriateness of a petition for boundary change shall consider the following guidelines: (1) The suitability of the proposed boundaries, in conjunction with the existing municipality, provide for a municipal community of interest that is both cohesive and inclusive. The proposed annexation area should: (a) Not divide a U.S. Census Designated Place, to the extent feasible. (b) Include adjacent areas of ethnic minority and lower income residents in which a majority of those residents have so petitioned. (c) Have contiguity and not create any unincorporated enclave area(s). An unincorporated enclave area is defined as an area that would be 1) surrounded on more than eighty (80) percent of its boundary by one (1) or more municipalities and 2) of a size that could not be serviced efficiently or effectively. (d) Have natural or built barriers as boundaries, to the extent feasible, and (2) The existing and proposed projected property tax cost for municipal- level services to average homeowners in the area as currently unincorporated and as included as part of the annexing municipality, (3) The proposed annexation area is totally contained within the Urban Development Boundary depicted on the future Land Use Plan map of the Miami-Dade County Comprehensive Development Master Plan, North East Dade Annexation Study 40 (4) The impact of the proposal on the revenue base of the unincorporated area, and on the ability of the County to efficiently and effectively provide services to adjacent remaining unincorporated areas, (5) The financial impacts of the proposed boundary change on the remaining unincorporated areas of Miami-Dade County. Specifically in order to insure fiscal equity the per capita taxable property value of the proposed annexation area should fall between twenty thousand dollars ($20,000.00) and forty-eight thousand dollars ($48,000.00) in order to assure that fiscal viability is maintained in the unincorporated area. The range of per capita taxable value shall not apply to the annexation of unincorporated enclave areas that are surrounded by more than eighty (80) percent of their boundary by one (1) or more municipalities and are of a size that can not be served efficiently or effectively. (6) Any other factor that arises by virtue of recommendations of the Boundaries Commission, pursuant to Section 20-30 of the Code. (7) Any other factor that arises by virtue of any special or unique circumstances of a given area. (B) At the conclusion of such public hearing, the County Commission, in the exercise of its discretion, may deny the requested boundary change, by motion, or may direct the County Attorney to prepare an appropriate ordinance accomplishing the proposed boundary change, which ordinance shall be placed on the official agenda of a subsequent regular meeting of the County Commission for consideration and adoption on first reading, or the County Commission may defer such requested boundary change for further consider ation at a subsequent meeting, at which no public hearing or discussion by others than members of the County Commission shall be required. Sec. 20-8.1. Retention of electric franchise revenues. Any changes in the boundaries of municipalities involving the annexation of unincorporated areas of the County shall be made subject to the provisions of Ordinance No. 89-81 granting an electric franchise to the Florida Power & Light Company, and shall be effective only upon the condition and with the reservation herein stated that the County shall continue to collect and receive all electric franchise revenues accruing within such annexed areas from the effective date of Ordinance No. 89-81 during the full term of the County franchise in the same manner as though such annexed areas remained a part of the unincorporated areas of the County. Every ordinance enacted to effectuate the annexation of unincorporated areas of the County to a municipality shall expressly set forth such condition, unless the Board of County Commissioners, for good cause, shall waive such condition by two- thirds vote of the entire membership of the board Sec. 20-8.2. Retention of all utility tax revenues. Any changes in the boundaries of municipalities involving the annexation of unincorporated areas of the County, and shall be effective only upon the North East Dade Annexation Study 41 condition and with the reservation that the County shall forever continue to collect and receive all utility tax revenues accruing within such annexed areas in the same manner as though such annexed areas remained a part of the unincorporated areas of the County. Every ordinance enacted to effectuate the annexation of unincorporated areas of the County to a municipality shall expressly set forth such condition. Sec. 20-8.3. Retention of cigarette tax revenues. Any changes in the boundaries of municipalities involving the annexation of unincorporated areas of the County shall be made subject to the provisions of Ordinance No. 69-7 [Sec. 29-2], imposing an excise tax on the retail sale of cigarettes in the unincorporated area of Miami-Dade County pursuant to the provisions of Article VIII, Section 6(f), Florida Constitution, and Section 210.03, Florida Statutes, and shall be effective only upon the condition and with the reservation that the County shall continue t 0 collect and receive all cigarette tax revenues accruing within such annexed areas in the same manner as though such annexed areas remained a part of the unincorporated areas of the County. Every ordinance enacted to effectuate the annexation of unincorporated areas of the County to a municipality shall expressly set forth such condition. Sec. 20-8.4. Retention of garbage and refuse collection and disposal. Any changes in the boundaries of municipalities involving the annexation of unincorporated areas of the County shall be effective only upon the condition and with the reservation that the County shall either forever continue to collect and dispose of all residential waste in such annexation areas in the same manner as though such annexed areas remained part of the unincorporated areas of the County, unless the authority to collect such waste is delegated by the County to the governing body of the municipality throughout a twenty (20) year interlocal agrement which provides for collection services, and a twenty (20) year interlocal agreement which provides for disposal services in substantially the form approved by Resolution No. R-1198-95. Every ordinance enacted to effectuate the annexation of unincorporated areas of the County to a municipality shall expressly set forth such condition. Sec. 20-9. Election on proposed boundary changes; required. (a) If a boundary change involves the annexation or separation of an area having two hundred fifty (250) or fewer resident electors, and the area is more than fifty (50) percent developed residential, no proposed boundary change shall be accomplished unless a majority of resident electors voting at such an election approve such boundary change. All costs of such elections shall be paid in advance by the persons, group or municipality initiating the proposed boundary change. If a boundary change involves the annexation or separation of an area having two hundred fifty (250) or fewer resident electors, and the area is less than fifty (50) percent developed North East Dade Annexation Study 42 residential, the Commission may by ordinance effect the boundary change in accordance with Section 5.04.B of the Home Rule Charter. The determination of whether an area is more or less than fifty (50) percent developed residential shall be made in the sole discretion of the Director of the Department of Planning and Zoning. (b) In the event that a boundary change involves the annexation or separation of an area of which more than two hundred fifty (250) residents are electors, the Board of County Commissioners, pursuant to Section 5.04(B) of the Home Rule Charter of Miami-Dade County, Florida, may call an election to be held for the purpose of submitting to these electors the question whether the proposed boundary change shall be approved or disapproved. All costs of such elections shall be paid in advance by the persons, group or municipality initiating the proposed boundary change. ) ':.. North East Dade Annexation Study 43 MAPA I" M. iaml.. - .~.e. C. O. unty North East MAC ~c ."..... $; I ~l~ I--- I--- .. ir- t:Y 11 L- ,C::::l U~ ~ ~'--R-~J r ~: =!t::::J!:: ~_ 1 ~ ..'1 ").., I / 11m ~ ~ ,..~ \~v ~~" I........-J ......--- '3 TE ~l ,j \ \ \ r !>l?/, Y' ~.. ~< \., '" ''\1 '\. l:r"".. '\. ~" ~~, ..'1-- =l~ a < 1 \\ \ ~17SK8T L 'I _+, Legend B.-Mtt €au MAC eoma."Wy' /"'"."/ :M~R\:}:30 "":iIli:JH"1'<~ ^'- North East Dade Annexation Study l~ .'!j ~ ~~--- '" ' 44 lIT ) 11 \ " 11>;"" ;l ?Ii "St I I I j . , t.1 mJ';;J,. ~_"II<I""IIii><<"Iil!h:............l:llt.r-", ._~oii; .,.~~.~ """,,'ll>>) -I - - .... h ~ "'" ~ L - Property tax-cut plan support wanes - 09/12/2007 - MiamiHerald.com rag\; 1 VI , MiamiHera\d.com m Posted on Wed, Sep. 12,2007 {1e1vl ~ I ~ -;>.a ~ 0 1 lD~rn~ ----- Property tax-cut plan support wanes BY MARY ELLEN KLAS Florida voters are growing so distrustful of government and its promises to lower property taxes and insurance that support for a proposed constitutional amendment to create a supersized homestead exemption is dropping, a new poll shows. The Quinnipiac University poll released Tuesday shows that only 47 percent of Florida voters support the proposal, down from a 57 percent approval rating in July, and far below the 60 percent threshold needed to become law. Meanwhile, a growing number of voters oppose the measure -- 22 percent, up from the 17 percent opposed to it in July. "Supporters, however, can take some heart that there remains a strong desire for more tax cuts and not that much sympathy for local government claims they can't lose the revenue," said Peter Brown, assistant director of the Quinnipiac University Polling Institute. The declining popularity of the proposed amendment follows the arrival of property tax bills in the mail this month that include tax cuts smaller than many homeowners expected when Gov. Charlie Crist and legislators signed the bill in June and proclaimed it "the largest tax cut in state history." Many cities and counties throughout the state voted to sidestep the deepest cuts and maintain local tax revenues at current or slightly reduced levels by conducting extraordinary votes by their governing boards. The declining poll numbers also took their toll on Crist, who enjoyed a record-high approval rating of?3 percent in the July 19 Quinnipiac poll. This month, his approval rating slipped to 65 percent, with 49 percent of respondents saying this year's property tax cut was not enough. Crist said Tuesday the slide "just doesn't" concern him. "Sixty-five? IfI'm depressed about that there's something wrong with me." Fifty-five percent of respondents said Crist has kept his campaign promises, but most -- 62 percent -- were skeptical that property taxes will come down significantly during his term as governor. Most respondents, however, said they need to learn more, with 65 percent saying the property tax amendment "could use a lot more explanation." Brown noted that supporters of the tax-cut plan may benefit from the Democratic National Committee decision to punish Democrats in the presidential primary. If fewer Democrats turn out to vote, he said, it could affect the outcome because "Republicans like this tax-cut plan more than Democrats." The poll surveyed 1,141 voters from Sept. 3 -9. It has a margin of error of plus or minus 2.9 percentage points. Miami Herald staff writer Gary Fineout contributed to this report. cg 2007 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com http://www.miamiherald.com/4 5 8/v -print/ story /234443 .html 9/19/2007 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City. TO: City Commission DATE: September 6, 2007 SUBJECT: Proposed Land Swap - 21300 Biscayne Boulevard Stan Price, who represents Roy R. Lusting Trustee the owner of two frontage parcels of vacant land at 214400 Biscayne Boulevard, presented a proposal to the City regarding a land swap of the City owned land at 213000 Biscayne Boulevard. The owner is willing to trade a portion of the Lustig piece with the City in exchange for the City's parcel located at 21300 Biscayne Boulevard under the following terms and conditions: 1. Pay the City of Aventura $1,500,000; 2. Dedicate a portion of the Lustig piece to the City of Aventura to allow for the construction of NE 213th Street to be extended west of Biscayne Blvd. (US-1) as a five-lane street. It is assumed that the City of Aventura has alread~ dedicated the remaining portion of the property necessary to extend NE 213 Street west from Biscayne Blvd. (US-1) to NE 29th Court from property already owned by the City; 3. Roy R. Lustig, Trustee will pay for and construct the new street, NE 213th Street, between Biscayne Blvd (US-1) and NE 29th Court. Construction will commence within three years or upon the issuance of building permits for construction on either the City piece or the remaining portion of the Lustig piece, whichever is sooner; 4. The foregoing shall be subject to the execution of an acceptable contract which shall include among other items the date of closing, etc; 5. It is Lustig's estimate that the market value of the portion of the Lustig piece to be dedicated to the City of Aventura for construction of NE 213th Street could be as much as $1,000,000; 6. It is Lustig's estimate that the approximate cost to him, for the construction of the new NE 213th Street could be as much as $250,000. The City Attorney has reviewed the proposal and it is his opinion that the City Commission has the discretion to engage in the proposed land exchange in lieu of again placing the City parcel out to bid, if so desired, so long as each of the following conditions are met: 1. The City Commission by Resolution declares the City parcel to be surplus as no longer needed by the City as required by City Code Sec. 2-258. This has already been adopted. 2. That the Contract for the property exchange is approved by Ordinance as required by City Charter Sec. 4.03 (7) 3. That a simple appraisal, at the cost to the buyer, should be obtained so that the value of the parcel to be conveyed to the City is satisfactorily documented. I have placed this matter on the Workshop Agenda for discussion and direction from the City Commission. EMS/act SITE SKETCH fI1 CRAVEN -THOMPSON a ASSOCIATES. 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PG.H/A DIllED, O'/lll!OS .leu NO.: 01-<<1103 l)ItA~ (N: E:iKl R-O-W Dedication Subject Parcel CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Cit TO: City Commission DATE: September 14,2007 SUBJECT: Proposed Library Agreement Attached hereto is the draft of the Library Interlocal Agreement between the City and Miami - Dade County. This item will appear on the October meeting agenda for the City and County. As you are aware the City will be responsible for the design and construction of the reconstruction of the County Library branch located at 2930 Aventura Boulevard. The purpose of the Agreement is to outline the responsibilities of both parties. The fo:lowing is an outline of the major points contained in the Agreement: 1. The City, in conjunction with the County, will design the proposed 26,000 square feet library facility. The City will obtain the County's approval of the design of the Library prior to proceeding with construction of the combined facility. 2. The County and the City agree to design and build a multi-use facility to include the Northeast Branch Library and a Performing Arts Center in the same boundaries. The total design, construction, furniture, fixtures, infrastructure and operational costs for the Performing Arts Center shall be borne solely by the City. 3. The City shall not commence construction of the Library Building without first obtaining the County's written approval of the site plan and exterior plan of the Library Building. 4. The County shall provide and install all additional lighting, furniture, shelving, books, window treatments, supplies, and equipment, including computer equipment, for the Library Building, and shall have full discretion in the selection and approval thereof. 5. The County shall be responsible for full maintenance and repair of the interior of the Library Building, the Library's parking facility, all exterior electricity and lighting fixtures, all landscaping of the Library, and all exterior maintenance or repair , any structural maintenance or repair, including the roof, for the Library Building. 6. County will provide up to $12.5 million for demolition of existing building, capital development of the Library Building, including site plan, design, architectural and engineering services, and construction of the building and landscaping and parking. The County will provide up to 5% of the funds in the form of advance payment, to be made within thirty (30) days of the City's selection of the project Architect. Thereafter, the County will provide payment to the City on a reimbursement basis. 7. The City agrees to abide by the Administrative Rules of the Building Better Communities General Obligation Bond Program. 8. Miami-Dade County Public Library System will operate the library and will pay the full yearly operating costs. The Library and the City agree that the Library will commence operations ninety days after a certificate of occupancy is issued for the Library Building. The County reserves the right not commence operation of the library within the above stated time if budgetary constraints prohibit the Library System from funding operational costs. 9. The terms of this Interlocal Agreement shall continue unless written notice is given by either party to the other at least six (6) months in advance of the date of the year in which the Library is proposed to be or the Agreement is proposed to be terminated. In the event the County terminates this Interlocal Agreement before original term expires, the County shall provide the City with a payment equal to the balance needed to payoff the City's design and/or construction debt. 10. The City shall set aside appropriate funding for the Art in Public Places Program, as set forth in section 2-11.15 of the Code of Miami-Dade County. The funding allocated for the Art in Public Places Program is equal to 1.5 % of the capital commitment amount. The City will be allowed to utilize the amount necessary to comply with section 2-11.15 out of the capital commitment portion. 11. At the completion of the design development of the Library with the adjoining Performing Arts Center, the County will develop an amendment to this Interlocal Agreement detailing all parties' duties and responsibilities that will be presented to the respective Governing Bodies. This Amendment shall include a guarantee or lease to the City for the premises upon which the PAC shall be constructed for a period of ninety-nine (99) years at a maximum sum of Ten (10) Dollars a year. If you have any questions, please feel free to contact me. EMS/ DRAFT LIBRARY INTERLOCAL AGREEMENT This Library Interlocal Agreement ("Agreement") is executed by and between the City of Aventura, a municipal corporation of the State of Florida (the "City") and Miami-Dade County, a political subdivision of the State of Florida (the "County" or the "Library") (collectively, "Parties"), and is entered into this day of, 2007 (the "Agreement"). WITNESSETH WHEREAS, Hurricane Wilma destroyed the roof of the Northeast Library located at 2930 A ventura Boulevard and caused severe damage to the inside of the building, making it difficult to rehabilitate the existing facility; and WHEREAS, the County, desires to reconstruct the Northeast Library Building at the existing library location and continue to provide Library Service to the City of Aventura which is part of the Miami-Dade Public Library Taxing District; and WHEREAS, the reconstructed Library branch would be a maximum of 26,000 square feet to be located at 2930 A ventura Boulevard, A ventura, Florida 33180 In consideration of mutual covenants contained herein the Parties agree as follows: 1. Desie:n and Construction of the Library Buildine: A. The City in conjunction with the County will design the library facility. The City will obtain the County's approval of the design of the Library prior to proceeding with construction of the combined facility. B. The City shall reconstruct for the County a facility of approximately, 26,000 contiguous square feet for use as a branch Library of the Miami-Dade Public Library System. City County Page 1 of 10 DRAFT C. The County and the City agree to design and build a multi-use facility to include the Northeast Branch Library and a Performing Arts Center in the same boundaries. The total design, construction furniture, fixtures, infrastructure and operational costs for the Performing Arts Center shall be borne solely by the City. 2. Oblie:ations of the City A. Construction. The City shall reconstruct the Library Building, as further described in this Section, to be approximately 26,000 contiguous square feet within which Miami-Dade Public Library System shall resume operation of the Northeast branch Library, subject to the conditions set forth herein. The City shall not commence construction of the Library Building without first obtaining the County's written approval of the site plan and exterior plan of the Library Building, which approval shall not be unreasonably withheld. The City agrees to construct the Library Building consistent with the requirements of federal, state, and local law, including but not limited to the requirements contained in the Florida Building Code and the Americans with Disabilities Act. B. Interior. The City agrees to fully construct, partition, and prepare the interior of the Library Building in accordance with the plans and specifications prepared and approved by the County and the City. The City further agrees to turn over to the County the Library Building ready for immediate occupancy, and for equipping by the County as is more fully set out in this Section. In order to minimize unnecessary costs of construction, the County agrees to submit to the City an Interior Design Plan, which shall include all necessary interior design information for the City so that the City shall meet the following requirements: 1. fully partition, and paint the interior of the Library Building; 2. furnish and install all interior doors and interior finishes; 3. furnish and install a finished ceiling, including all overhead lighting fixtures; 4. furnish and install an independent fully functional HV AC air conditioning system for the Library Building; City County Page 2 of 10 DRAFT 5. furnish and install all safety devices required by the Florida Building Code or other applicable laws, rules, or regulations, including but not limited to: all fire alarms, sprinkler systems, fire extinguishers, and exit signs; 6. furnish and install wiring needed by the Library Building for electric, data communication and connectivity to the Library's Wide Area Network, telephone, and cable service; 7. furnish and install a separate electric and water use meters for the Library Building; 8. furnish and install a burglar alarm system at the Library Building; 9. allow for the installation of an exterior freestanding book drop at a location that is mutually agreeable to the parties. 10. provide dimensioned floor patterns and tile patterns (including floor treatments), as required. C. The City shall submit construction documents of the Library Building for County review and approval at 25%, 50%, 75% and 100% completion. The County shall review and provide relevant comments on the plans within 21 business days of each submittal (25%, 50%, 75 %, and 100%). The City shall undertake the interior improvements described in Section 2( c) only upon submission by the County, in writing, of its design plan for the interior space ("Interior Design Plan"). It is expressly understood that any interior construction reasonably required for the operation of the Library Building contained in the Interior Design Plan but not specifically identified in this Section or Section 3 below shall be the sole responsibility of the City. 3. County's Oblie:ations. Design Plan. The County agrees to submit its Interior Design Plan to the City for approval no later than thirty (30) days following receipt of the 25% construction documents for the Library Building, as described in Section 2 (C) above. The City's approval of the Interior Design Plan shall not be unreasonably withheld. Disapproval of the Interior Design Plan may be based upon fiscal or financial considerations and not aesthetic considerations. Any reasonable additional costs relating to the County's failure to submit the complete Interior Design Plan contemplated by Section City County Page 3 of 10 DRAFT 2 and 3 of this Agreement shall be borne by the County. The Interior Design Plan shall include the specifications delineated in Section 2 (B) above. 4. Furniture. Supplies & Equipment The County shall provide and install all additional lighting, furniture, shelving, books, window treatments, supplies, and equipment, including computer equipment, for the Library Building, and shall have full discretion in the selection and approval thereof. 5. Maintenance The County shall be responsible for full maintenance and repair of the interior of the Library Building, including the maintenance and repair of all flooring, wiring, or other interior construction furnished and/or installed by the City under Section 2 after the warranty period has expired. The County shall be responsible for maintaining the HV AC unites) after the warranty period on the HV AC unites) has expired. The City shall not be responsible for any interior maintenance or repair to the Library Building except that except that the City shall use its best efforts to require that all warranty services are provided by the respective contractor or vendor. The County shall be responsible for any non- warranty items. The County shall be responsible for maintaining and repairing the Library's parking facility, all exterior electricity and lighting fixtures, all landscaping of the Library, and all exterior maintenance or repair , any structural maintenance or repair, including the roof, for the Library Building. The County shall be responsible for all utilities consumed by the County. The County shall provide its own janitorial and custodial services to serve the needs of the Library Building. The County and the City may enter into a Supplemental Service Agreement to address the provision of additional services, such as security or landscaping. 6. Capital Commitment City County Page 4 of 10 DRAFT A. In consideration for the City's agreement to construct the Library Building the County will provide up to $12.5 million dollars for demolition of existing building, capital development of the Library Building, including site plan, design, architectural and engineering services, and construction of the building and landscaping and parking (the "Capital Development Maximum Contribution"). B. The County will provide up to 5% of the Capital Development Maximum Contribution in the fonn of advance payment, to be made within thirty (30) days of the City's selection of the project Architect. Thereafter, the County will provide payment to the City on a reimbursement basis (the "reimbursement requests"). C. The City agrees to abide by the Administrative Rules of the Building Better Communities General Obligation Bond Program. D. In no event, shall County funds be advanced directly to any subcontractor. E. The County shall not be held responsible for any additional design or construction change orders initiated by the City due to design omission changes, design error changes, regulatory changes, and/ot unforeseen/unforeseeable changes. The County retains the right to initiate change orders as needed to enhance the Library portion of the project, which shall be funded separately from the above aforementioned $12 million. 7. Operation. A. Miami-Dade County Public Library System will operate the library and will pay the full yearly operating costs. The Library and the City agree that the Library will commence operations ninety days after a certificate of occupancy is issued for the Library Building and acceptance of the Library Building by the County. During said ninety (90) day period, the Library will hire staff; install shelving and purchase and install library materials and City County Page 5 of 10 DRAFT equipment. The Library reserves the right not commence operation of the library within the above stated time if budgetary constraints prohibit the Library System from funding operational costs. C. The Library reserves the right to establish and amend the operating hours of the branch Library as needed, and such hours may be changed at the sole option of the County without formal amendment of this Interlocal Agreement. The library branch will be operated in accordance with all rules and regulations of the Miami-Dade Public Library System. In addition, the Miami-Dade Public Library System will have control of all operation, use and programming with regards to this library branch. D. The City shall ensure the County's quiet enjoyment of the Library Building as related to any City use or activities. 8. Rie:ht to Cancel. The terms of this Interlocal Agreement shall continue unless written notice is given by either party to the other at least six (6) months in advance of the date of the year in which the Library is proposed to be or the Agreement is proposed to be terminated. The County Manager and the City Manager shall have the authority to cancel this Agreement in the name of the County and the City respectively as provided herein, upon approval by their respective governing body. The party that chooses to terminate this Agreement shall be responsible for paying the reasonable and direct costs and expenses incurred by the other party as a result of the termination. At the conclusion of this Interlocal Agreement, the contents of the Library Building shall remain the property of the County. In the event the County terminates this Interlocal Agreement before original term expires, the County shall provide the City with a payment equal to the balance needed to pay off the City's design and/or construction debt. 9. Indemnification. The County shall indemnifY and hold harmless the City to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions City County Page 6 of 10 DRAFT of the Statute whereby the County shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrences, exceeds the sum of $200,000, from any and all personal injury or property damage claims, liabilities, losses, and causes of action which may arise solely as a result of the negligence of the County. The City shall indemnify and hold harmless the County to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of the Statute whereby the City shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrences, exceeds the sum of $200,000, from any and all personal injury or property damage claims, liabilities, losses, and causes of action which may arise solely as a result of the negligence of the City. 10. Librarv Access. It is agreed that the completed Library Building shall be open to use by all County residents, regardless of residency within the City 11. N amine: and Sie:nae:e. Upon completion, the Library Building shall be named "Miami-Dade Public Library System Northeast Branch." The County shall provide and the City shall allow signage that is in accordance with County branding standards for signage at Library facilities. 12. Prohibited Use of Funds. The City shall not utilize funds provided under this Agreement to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. 13. Compliance with Laws. City County Page 7 of 10 DRAFT The City agrees to abide by and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2- 11.1 et al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. The City agrees to abide by and be governed by all applicable federal, state, and local laws, including but not limited to the Americans with Disabilities Act The City shall set aside appropriate funding for the Art in Public Places Program, as set forth in section 2-11.15 of the Code of Miami-Dade County. The funding allocated for the Art in Public Places Program is equal to 1.5 % of the capital commitment amount. The City will be allowed to utilize the amount necessary to comply with section 2-11.15 out of the capital commitment portion. 14 . Notices. It is expressly understood that the Library Director and the City Manager have the authority to make submissions and provide approvals as required under this Agreement. It is understood and agreed between the Parties that written notice addressed to the following at the addresses shown shall constitute sufficient notice under this Agreement: To the Library Department: Raymond Santiago, Director c/o Miami-Dade County Library Department 101 W. Flagler Street Miami, Florida 33130 To City: Eric M. Soroka, ICMA-CM City Manager City of A ventura 19200 West Country Club Drive Aventura, F133180 City County Page 8 of 10 DRAFT 15. Autonomv. The Parties agree that this Agreement recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting Parties. It is expressly understood that the City is not an agent or instrumentality of the County. Furthermore, the City's agents and employees are not agents or employees of the County as a result of this Agreement. 16. Entirety of Aereement. The Parties agree that this Agreement and Exhibits hereto set forth the entire agreement between the Parties, with respect to the development and use of the Library Building between the County from the City, and in that regard there are no promises or understandings other than those stated in this Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by the County Manager and City Manager, or where appropriate the Board of County Commissioners and the City Commission. At the completion of the design development of the Library with the adjoining Performing Arts Center!, the County will develop an amendment to this Interlocal Agreement detailing all parties' duties and responsibilities that will be presented to the respective Governing Bodies. This Amendment shall include a guarantee or lease to the City for the premises upon which the PAC shall be constructed for a period of ninety-nine (99) years at a maximum sum ofTen (10) Dollars a year. 17. Amendments. Any amendments to this Agreement must be effected in writing. 18. Force Maieure Neither Party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, City County Page 9 of 10 DRAFT storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of government, act of public enemy, or other cause of similar or dissimilar nature beyond its reasonable control during the period of such force majeure. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. City of A ventura Approved as to form and legal sufficiency: By: Eric M. Soroka, ICMA, CM City Manager David Wolpin, Esq. City Attorney Attest Teresa M. Soroka, MMC City Clerk Miami-Dade County Approved as to form and legal sufficiency: George M. Burgess County Manager Diamela del Castillo Assistant County Attorney City County Page 10 of 10 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY Joanne Carr, AIC Planning Director TO: City Commission FROM: Eric M. Soroka, City Manager DATE: September 11, 2007 SUBJECT: Addition of Education Element to City of Aventura Comprehensive Plan In 2005, the Florida Legislature mandated that public school concurrency be adopted by all Florida school boards, counties and non-exempt municipalities by the end of 2008. See, Sections 163.3177(12)(i) and 163.3180(13), Florida Statutes. "School concurrency" means that public school facilities will be required to be in place at the time that the impacts of residential development are felt, similar to the existing concurrency requirements for water, sewer, roads, drainage, parks and recreation and other public facilities. Public school concurrency will be tested at the time of subdivision or site plan approval (or functional equivalent), and is a function of the size, type and location of the residential development. School concurrency will replace the voluntary mitigation policy that the Miami-Dade County School Board has been applying for the past several years. City staff has been working with the staffs of the School Board, Miami-Dade County and other non-exempt municipalities for over a year to advise the School Concurrency Task Force and develop the Comprehensive Plan amendments that are necessary to implement public school concurrency. In order to implement public school concurrency, the City is required to adopt a new element in the Comprehensive Plan called the Education Element and amend the Capital Improvement and Intergovernmental Coordination Elements to include policies that support the new element. In addition to the plan amendments required by State statute, City staff is proposing new Comprehensive Plan policies relating to the Aventura City of Excellence School ("ACES"), the City's municipal charter school. Based on the data and analysis supporting the proposed Comprehensive Plan amendments, the proposed level of service (LOS) standard for all County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). The Florida Inventory of School Houses 1 (FISH) is a state report containing an estimate of the capacity of all public school facilities in the state. This LOS standard is measured by and applicable in each public school concurrency service area (CSA) , which is defined as the public school attendance boundary established by the Miami-Dade County Public Schools for each school. The intent is to revisit the LOS standard after the full implementation of the class-size reduction constitutional amendment in 2010, and determine whether it would be financially feasible to change it to 100% utilization of permanent Florida Inventory of School Houses (FISH) Capacity (Without Relocatable Classrooms). Pursuant to state law and the Department of Community Affairs' schedule, public school concurrency is required to become effective in the County by January 1, 2008. Therefore, effective January 1, 2008, the City will require all residential subdivision approvals and site plans that are neither exempt nor vested to undergo public school concurrency review. Each such new development in the City will be reviewed by the School Board to determine if there is capacity available at the affected schools (elementary, middle and high school) or at contiguous schools. A credit will be provided against the impact of proposed development for the districtwide capacity of those charter and magnet schools that are not operating over 100% FISH capacity. Together, charter and magnet schools, currently represent a combined total of 7% of the district enrollment. If capacity is not available for the development, then the applicant will be invited to propose proportionate share mitigation. If the proposal is acceptable, it must be implemented via a tri-party agreement with the applicant, the City and the School Board. If not, the development could end up being delayed or denied due to the lack of school capacity. City staff has included policies in our proposed Education Element to support a request made by staff to the School Board to allow proportionate share mitigation to be paid to the City rather than the School Board to support our charter school. To date, School Board staff has advised that they will not recommend the City's request. A request for all charter schools to be eligible for proportionate share mitigation has been made by the Builders Association of South Florida, and this request is being considered by a sub-committee of the School Concurrency Task Force. If this request is accepted, ACES would be eligible for mitigation. Even if a more limited version of this request is accepted, it could be tailored to make ACES eligible. At this point, the City Commission may need to intervene in this matter. The new Level of Service (LOS) standards and other new procedures, policies and requirements contained in this Education Element will be incorporated, where appropriate, into the existing Interlocal Agreement for Public School Facility Planning between the School Board, the County and Miami-Dade municipalities. The draft of the revised agreement will be transmitted with the Education Element, as supportive data and analysis. At the time the Education Element is being considered for adoption, the Agreement will be presented to City Commission for approval. 2 The City Attorney's office will be making a presentation on this report. 3 Add a new Education Element to the City of Aventura Comprehensive Plan, as follows: EDUCATION ELEMENT EDUCA liON GOAL Develop, operate and maintain a system of public education in co-operation with Miami-Dade County Public Schools and other appropriate governmental agencies, which will strive to improve the quality and quantity of public educational facilities available to the citizenry of the City of Aventura. OBJECTIVE 1 Work towards the reduction of the overcrowding which currently exists in Miami-Dade County Public Schools, while striving to attain an optimum level of service pursuant to Objective 2. Work in co-operation with Miami-Dade County Public Schools and other appropriate governmental agencies to provide additional solutions to overcrowding so that countywide enrollment in Miami- Dade County's public schools will meet state requirements for class size by September 1, 2010. Measure: Annual review by Miami-Dade County Public Schools to compare official enrollment of the school system with the number of student stations available to determine the current operating level of service. Policy 1.1 Continue to work with Miami-Dade County Public Schools in its efforts to continue to provide new permanent student stations. Policy 1.2 Continue to work with Miami-Dade County Public Schools in the City's efforts to operate, maintain and expand alternative educational facilities to relieve overcrowding at public schools, in so far as funding and rules permit. Policy 1.3 Cooperate with Miami-Dade County Public Schools in their efforts to maintain and/or improve the established level of service (LOS) standards, for Public Educational Facilities, as established for the purposes of public school concurrency. Policy 1.4 Miami-Dade County Public Schools' comments shall be sought and considered on comprehensive plan amendments and other land use and zoning decisions which will increase residential density, in order to be consistent with the terms of the state mandated Interlocal Agreement pursuant to Sections 1013.33, 163.3174 and 163.31777, Florida Statutes. OBJECTIVE 2 The City shall coordinate new residential development with the future availability of public school facilities consistent with the adopted level of service standards (LOS) for public school concurrency. Measure: Annual review, in cooperation with all parties to the Interlocal Agreement for Public School Facility Planning, of the latest adopted Miami-Dade County Public Schools Facility Work Program to determine if the adopted concurrency level of service standards are being met. Policy 2.1 Upon public school concurrency becoming effective, the adopted level of service (LOS) standard for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard shall be applicable in each public school concurrency service, area (CSA), defined as the public school attendance boundary established by Miami-Dade County Public Schools. All public school facilities should continue to maintain or decrease their percent utilization of FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100% utilization of Permanent FISH capacity (No Relocatable Classrooms) should no longer utilize relocatable classrooms except as an operational solution. Level of Service standards for public school facilities shall apply to those traditional educational facilities, owned and operated by Miami-Dade County Public Schools, that are required to serve the residential development within their established Concurrency Service Area. Level of Service standards do not apply to magnet schools, charter schools and other educational facilities that may have districtwide attendance boundaries; however, their capacity is credited against the impact of development. No credit against the impact of development shall be given for such districtwide educational facilities if their enrollment is at, or above, 100% FISH capacity (with Relocatable Classrooms). Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational solution to achieve the level of service standard during replacement, remodeling, renovation or expansion of a public school facility; and in the event of a disaster or emergency which prevents the School Board from using a portion of the affected school facility. Policy 2.2 If demonstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura will strive for all public school facilities to achieve 100% utilization of Permanent FISH (No Relocatable Classrooms) capacity by January 1, 2018. To this end, beginning January 1, 2013 the Miami-Dade County Public Schools should not use relocatable classrooms to provide additional FISH capacity at any school except as an operational solution. Additionally, if feasible, beginning January 1, 2013 the Miami-Dade County Public Schools will implement a schedule to eliminate all remaining relocatable classrooms by January 1, 2018. By December 2010, the City in cooperation with Miami-Dade County Public Schools will assess the viability of modifying the adopted LOS standard to 100% utilization of Permanent FISH for all CSAs. Policy 2.3 In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed development's impact, the development may proceed provided at least one of the following conditions is met: a) The development's impact can be shifted to one or more contiguous CSAs that have available capacity and is located, either in whole or in part, within the same Educational Impact Fee Benefit District as the proposed development; or b) The development's impact is mitigated, proportionate to the demand for public schools it created, through a combination of one or more appropriate proportionate share mitigation options, as defined in Section 163.3180 (13)( e) 1, Florida Statutes, which shall be enforced by a legally binding agreement with the City and Miami-Dade County Public Schools; or c) The development's impacts are phased to occur when sufficient capacity will be available. If none of the above conditions is met, the development shall not be approved. OBJECTIVE 3 Obtain suitable sites for the development and expansion of public school facilities. Measure: Annual inventory and assessment by Miami-Dade Public County Schools of its property. Policy 3.1 In the selection of sites for future educational facility development, the City encourages Miami- Dade County Public Schools to consider whether a school is in close proximity to residential areas and is in a location that would provide a logical focal point for community activities. Policy 3.2 Where possible, Miami-Dade County Public Schools should seek sites which are adjacent to existing or planned public recreation areas, community centers, libraries, or other compatible civic uses for the purpose of encouraging joint use facilities or the creation of logical focal points for community activity. Policy 3.3 When considering a site for possible use as a school facility, Miami-Dade County Public Schools should review the adequacy and proximity of other public facilities and services necessary to the site such as roadway access, transportation, fire flow and portable water, sanitary sewers, drainage, solid waste, police and fire services, and means by which to assure safe access to schools, including sidewalks, bicycle paths, turn lanes, and signalization. Policy 3.4 When considering a site for possible use as an educational facility Miami-Dade County Public Schools should consider whether the present and projected surrounding land uses are compatible with the operation of an educational facility. Policy 3.5 The City of Aventura shall continue to cooperate with Miami-Dade County Public Schools in utilizing Miami-Dade County Public Schools as emergency shelters during emergencies. OBJECTIVE 4 Miami-Dade County Public Schools, the City and other appropriate jurisdictions shall establish and implement mechanism(s) for on-going coordination and communication to ensure the adequate provision of public school facilities. Measure: Number of coordination and communication mechanisms, including Interlocal Agreements, established and implemented. Policy 4.1 The City shall coordinate and cooperate with Miami-Dade County Public Schools, the County, the State and other appropriate agencies to develop or modify rules and regulations in order to simplify and expedite proposed new educational facility developments and renovations. Policy 4.2 The location of future school facilities should occur where capacity of other public facilities and services is available to accommodate the infrastructure needs of the school facility. Policy 4.3 Miami-Dade County Public Schools should coordinate school capital improvement plans with the planned capital improvement projects of the City and other County and municipal agencies. Policy 4.4 The City shall coordinate with Miami-Dade County Public Schools and the County to provide for pedestrian and traffic safety in the area of schools and signalization for school facilities. Policy 4.5 The City shall coordinate with Miami-Dade County Public Schools and the County to annually review this Element and make amendments if necessary. OBJECTIVE 5 The City shall continue to operate and maintain the municipally-owned Aventura City of Excellence School (ACES). Measure: Continued operation and maintenance of the Aventura City of Excellence School (ACES). Policy 5.1 The City and Miami-Dade County Public Schools shall follow the procedures established in the adopted Charter School Contract, as amended from time to time, for operation, maintenance and funding of the Aventura City of Excellence School, which school is built to SREF standards of the Florida Building Code. Policy 5.2 The mission of the School is to provide the residents of the City of Aventura an educational choice for their children within the City limits while alleviating some of the County's growing educational needs. The school will serve students in Grades Kindergarten through Eight. Policy 5.3 The City shall consider a proposal for proportionate share mitigation that provides improvement for ACES, if the development is located within the City. Policy 5.4 The Level of Service (LOS) standard of Policy 2.1 of this Element is hereby adopted as the LOS standard for ACES. Policy 5.5 The City shall use Florida Department of Education design criteria to calculate the capacity of ACES. Policy 5.6 The City shall strive to enroll a student population of 100% of the capacity in the adopted Charter School Contract for ACES. Education Element Map Series Consistent with Section 163.3177(12)(g), Florida Statutes, maps showing existing and future conditions are included in the element. A map series - Figures 1 Band 2B - has been included which indicates the location of existing and proposed public schools and ancillary facilities over the 5-year planning period. This map series was prepared by Miami-Dade County and is included, along with maps for existing and proposed public schools in four areas of the County that are generally equivalent to the proposed Educational Impact Fee Benefit District, in the County's Education Element. The map has been revised by the City of Aventura to show the location of the Aventura City of Excellence School (ACES). Map locations of future public school facilities are general and do not prescribe a land use on a particular parcel of land. Figure 1 B - Existing Educational and Ancillary Facilities Located in the Northeast Area - 2007 Revised to show Aventura City of Excellence School Figure 2B - Proposed Education and Ancillary Facilities Located in the Northeast Area - 2012/13 Figure 1 B - Existing Educational and Ancillary Facilities Located in the Northeast Area - 2007 G~~~~ CAROL CITYES ... G~~~~~ PARKV1E\N PA ~~. ~S DR MICHAEL M KRlf"5H FLORIDA TP SKYW<Y ~ NORTH COUNTY ES ... ~ CHARLES DAVID WYCHE JR ES.... MIAMI GA~NSESH~RK~~S BRr LAKE CAROL . ~ STE~~ Es;.'o/fiS MS CITY hiS MIACITY -:Ol TRANSPORTATION J~~U~:"~:~~~R~I'>HER NORTH SR 82 EX ~E ~~~~; GlADES S ... OPA LOCKA EX BENJAMIN FRANKLIN ES ... '" 01 m >< z ~ ... HUBERT 0 SIBLEY ES N ..., -l :c ~ . HORACE Mll.NN MS N I Miles 112TH HY ... Elementary . K-8 Center . Middle eAventura City of Excellence * Senior Charter School + Other Educational Facilities . Ancillary Facilities Major Highways Northeast Benefit District '" I\) 13 Figure 2B - Proposed Educational and Ancillary Facilities Located in the Northeast Area - 2012/2013 NORTH GLPOE EsA p ~.s S~ ~'~ U ~ADIE IVESCOlolMUNITYEO SKWiAYES .. ROBER RENICK ED CATION NOOTHC~UNTYES ENTER+ NORWOOD ES .. MIAMI GAADENS ES CHARLES OA'-10'" ... IIVYCHEJRES "BRENT tBAASMAHPWI<INS E ~":~~~6~;ITYSH* 0 ~LN<ESTE\of:NSMS LAKESTEVENSEV SJS"eB1O .. CAROlCITYES M'rfiTLEOflO\of::fSA GRE'r?>JOLDS PARKES"'~.C OfRTRUDEI< EDELM,l,NfS,lIB1lJ... PAlW ES NORTH .. MiMi! JOHN F KENNEDYMS BEACH SH .* SR >126 EX TR.aNSPORTATION CENIERNOI'lTH .. JilN ~.aNN OPPORTIlNITY EDUc,.;UONCENTER .. .. FULFORDES ... OAK GRO\'{' ES FOR:~~~ ~~~~G~~~~NORTHOAD S AR,IllN PARKES BISCAYNEG.lROENSE .. THOIllASJEfFEFi:SONM. UNOALENTIN K-l3C.NTER ~\ ~---r BENJ...IMINFRANKllII ES..a. HUBERT 0 SEl YES... RUTHK~oD fJIIYH""'BORES N t IIoIIHIlI SHORES ES.& Miles ~ ~ '" I I HORACE'" IIIMS. SOURCE: MIAMI.QADE COUNTY, PUBLIC SCHOOLS SYSTEM, 2007 i I j'" '" ~" :< .) /l 05 f "Blse 1'D'1 D" 1:'IO"1;.\J'; TREASURE ISLANDES. ~ v.. z :J :5 u ll^TE HY Legend .. Elementary School . K-8 Center . Middle School * Senior High School . Other Educational Facilities . Ancillary Facilities Area Highways 0 2008-2013 School Openings 17 AMENDMENT TO CAPITAL IMPROVEMENT ELEMENT Amend Policy 2.4 of the Capital Improvements Element to add Level of Service Standard for education, as follows: Policy 2.4 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: Potable Water Supply ... Fire Protection ... Public Schools The City shall coordinate new residential development with the future availability of public school facilities consistent wit the adopted level of service standards for public school concurrency. by reviewino residential plats, site plans and their functional equivalent for their impact on level of service standards. Upon public school concurrency becomino effective, the adopted level of service (LOS) standard for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by Miami-Dade County Public Schools. All public school facilities should continue to maintain or decrease their percent utilization of FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100% utilization of Permanent FISH capacity (No Relocatable Classrooms) should no lonoer utilize relocatable classrooms except as an operational solution. Level of Service standards for public school facilities shall apply to those traditional educational facilities. owned and operated by Miami-Dade County Public Schools. that are required to serve the residential development within their established Concurrency Service Area. Level of Service standards do not apply to maonet schools, charter schools and other educational facilities that may have districtwide attendance boundaries; however, their capacity is credited aoainst the impact of development. No credit aoainst the impact of development shall be oiven for such districtwide educational facilities if their enrollment is at. or above. 100% FISH capacity (with Relocatable Classrooms). Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational solution to achieve the level of service standard durino replacement. remodelino. renovation or expansion of a public school facility: and in the event of a disaster or emeroency which prevents the School Board from usino a portion of the affected school facility. Add a new Policy 4.18, as follows: Policy 4.18 To address financial feasibility associated with school concurrency, Miami-Dade County Public Schools Facilities Work ProQram for educational facilities. as formally adopted by Miami-Dade County Public Schools in September. 2007, is hereby adopted by reference as part of the Capital Improvement Element. Renumber and amend existing Policy 4.18 as Policy 4. 19, as follows: Policy 4.18~ The City of Aventura 2005/06 2009/102007/08 - 2011/12 Capital Improvement Program and the Capital Improvements Schedule included therein, contains a schedule of projects that the City shall implement in order to meet its adopted Level of service standards and ensure the financial feasibility of this Comprehensive Plan. The 2005106 2009/102007/08 - 2011/12 Capital Improvements Program is hereby adopted by reference as part of the Capital Improvement Element. Amend Concurrency Management System section of Capital Improvements Element to add public school concurrency, revise existing wording consistent with public school concurrency and renumber existing policies, as follows: Concurrency Management System A key component of the Growth Management Act is the concurrency management system. Section 163.3202 F.S. requires local governments to amend its land development regulations to incorporate specific and detailed provisions which shall provide that public facilities and services meet or exceed the LOS standards established in the Plan's Capital Improvements Element and are available when needed for the development, or that the development orders or permits are conditioned on the availability of these public facilities and services necessary to serve the development. Chapter 163.3164, F.S. defines 'development order' to include any zoning action, subdivision approval, certification, permit, or any other official action of local government having the effect of permitting the development of land. A variety of such development orders are typically issued by local governments. These include zoning district boundary changes, variances, unusual use, and site plan approval; environmental permits and certifications; tentative and final subdivision plat approval; building permits, and certificates of use and occupancy. In order to implement the concurrency requirements mandated by Chapter 163, F.S. the City of Aventura shall enact by ordinance, a concurrency management system which accomplishes the statutory requirements. Administration of the required program involves the establishment of methods and capabilities to monitor outstanding development commitments and service demands posed by such commitments, plus the existing, programmed and projected capacities of all pertinent urban service facilities or systems. The Aventura concurrency management system shall make appropriate concurrency determinations in conjunction with the following development approval activities: 1) at the time of zoning actions, site plan approvals and subdivision approvals; 2) prior to the issuance of building permits; and, 3) prior to the issuance of certificates of use and occupancy. In general, no zoning action authorizing a new use or the expansion of an existing use and no subdivision plat or site plan shall be approved unless the facilities necessary to maintain level of service standards exist or are projected to exist when necessary to serve the development. Zoning approvals shall be based on inclusion of necessary facilities in the applicable Element of the Plan, or in the plan or work program of the agency having jurisdictional responsibility for provision of the facilities. Such findings shall be included in staff recommendations to the City Commission, or other applicable board. If the foregoing plans and programs indicate a low probability that concurrency will be met, but the necessary facilities are technically feasible, such rezoning action should be preceded by an amendment to the appropriate plan or work program to add the necessary facilities. Alternatively, such zoning may be approved if the applicant executes a written agreement to provide the necessary facilities on a timely basis. All such development approvals prior to the 'Principal Concurrency Determination' will contain a notice reserving the right of the City to make its principal concurrency determination prior to the issuance of building permits. A principal concurrency determination will be required prior to obtaining any subsequent development order. It is intended that at least one principal concurrency determination be made at an early stage in the development planning process, prior to the point at which major expenses are incurred in reliance on development approval. Principal concurrency determinations will be made prior to the approval of subdivision plats or, in instances where plat approvals are not required or have predated the effective date of the concurrency requirement, a principal concurrency determination will be made prior to issuance of a building permit. A principal concurrency determination made at final plat approval will serve as the determination of requested building permits where said permits are issued within two (2) years after the date of final plat approval. Where the applicant demonstrates that development has commenced on a timely basis and is continuing in good faith, this period may be extended but in no case shall this period exceed five (5) years after final plat approval. Administrative procedures for demonstrating that development has commenced on a timely basis and is continuing in good faith shall be established in the land development regulations. · Except as provided below, in no instance shall a building permit be issued authorizing construction of a new building or expansion of an existing building unless facilities necessary to maintain LOS standards are existing and available or are assured to be existing and available within the following timeframes~ rel:lti'le to the date of issuance of :I certific:lte of use :lnd occup:lncy (CO) 1) Necessary water, sewer, solid waste and drainage facilities must be in place and available at the time of issuance of a CO; 2) Necessary park land must be dedicated to and accepted by the City no later than the date of issuance of the first CO for that development or funds in the amount of the developer's fair share shall be committed prior to the issuance of the first CO unless the developer has entered into a binding agreement to dedicate an improved park site within twelve months after issuance of the first CO; 3) Necessary transportation facilities must be contracted for construction no later than 36 months after issuance of a CO · Assurance that the facilities (the term facilities shall mean or shall include land, and the phrase 'construction of facilities' shall mean acquisition of land, when applicable to a Plan LOS standard) will be constructed, or acquired and available, within the timeframes established in the above paragraph shall be provided by the following means: (4) Necessary public school facilities must be in place or under actual construction within 3 years after issuance of final subdivision or site plan approval or the functional equivalent. or assured by a proportionate share mitiaation aareement. 4~) The necessary facilities are under construction at the time the building permit is issued; aQ) The necessary facilities and services are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the building permit is issued; eZ) The necessary facilities are funded and programmed in the first year of the implementing agencies adopted capital budget or are programmed in the CIE for the construction or acquisition; the necessary facilities shall not be deferred or deleted from the CIE work program or adopted one-year capital budget unless the dependent building permit expires or is rescinded prior to the issuance of a certificate of use or occupancy; +~) The necessary facilities are programmed, in the five year first three (3) years of a capital facility plan or work program of the State agency having operational responsibility for affected facilities, for construction or acquisition; g~) The necessary facilities and services are guaranteed, in an enforceable development agreement, to be provided by the developer. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, F.S. or an agreement or development order issued pursuant to Chapter 380, F.S.; or 910) Timely provision of the necessary facilities will be guaranteed by some other means or instrument providing substantially equivalent assurances. 4(11) Where solid waste disposal facilities are to be available for years 3 through 5 pursuant to the adopted LOS standard are not in place and available prior to the issuance of a CO, a commitment for that capacity to be in place and available to accommodate projected demand in those future years shall be made through the means above, prior to the issuance of a CO. 4412) A proposed development will not be denied a concurrency approval for transportation facilities provided that the development is otherwise consistent with the adopted Comprehensive Plan and it meets the following criteria pursuant to Section 163.3180, F.S.: · The proposed development is located within the Urban Infill Area (UIA), as adopted and described in the 1997 Miami-Dade County Comprehensive Development Master Plan Capital Improvements Element and the Transportation Element, Traffic Circulation Subelement Policy 1 B. It is anticipated that after building permits are issued, determinations of concurrency prior to the issuance of COs may simply involve review and verification of compliance with terms and conditions set forth in the foregoing paragraphs. The concurrency management system is solely used to implement minimum level of service standards. In the review of applications for development orders, neither the satisfaction of these minimum standards, nor exceptions from them, shall preempt the City of Aventura from considerations of any other standards nor criterion set forth in the applicable development regulations. AMENDMENT TO INTERGOVERNMENTAL COORDINATION ELEMENT Add a new Policy 1.21 regarding level of service standards for public school facilities to the Intergovernmental Coordination Element and renumber existing Policies 1.21 to 1.24 as follows: Policy 1.21 The City shall coordinate with Miami-Dade Public Schools and other parties to the adopted Interlocal Aareement for Public School Facility Plannina to establish LOS standards for public school facilities and any amendments affectina public school concurrency. Policy 441-1.22 The City will annually review Miami-Dade County Public School's Tentative District Educational Facilities Plan and the 5-Year Workplan, as provided for in the "Interlocal Agreement for Public School Facility Planning in Miami-Dade County". This review will include an analysis of the Tentative District Educational Facilities Plan and the 5-Year Workplan's consistency with the Comprehensive Plan, and the identification of any necessary Comprehensive Plan amendments. Policy 4-.-221.23 The City shall continue to coordinate with the State and other agencies, as appropriate, in achieving the goals, objectives, and policies of the State Comprehensive Plan. Policy ~1.24 The City shall continue to coordinate with the South Florida Regional Planning Council, and other agencies as appropriate, in achieving the goals, objectives, and policies of the South Florida Strategic Regional Policy Plan. Policy 4-.241.25 The City shall coordinate, as appropriate, with the State of Florida, South Florida Regional Planning Council, Miami-Dade County Public Schools, and other agencies in the adoption of a Public Schools Element into the Comprehensive Plan by 2008. Areas to be addressed in the Public Schools Element include, but are not limited to, public school concurrency requirements, coordination with other jurisdiction in the development and implementation of uniform school concurrency procedures, proportionate share school impact mitigation options for developers, the collocation of schools with other public facilities, the location of schools proximate to residential areas, the use of schools as emergency shelters, the location of existing and planned school facilities (including maps). CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, C' TO: City Commission DATE: September 6, 2007 SUBJECT: City Programs to Promote Green Initiatives This report has been prepared to advise the City Commission on several programs that have been or will be implemented in the near future to promote "Green" initiatives. As you are aware, many states and cities are adopting similar initiatives in order to save energy, conserve precious natural resources and reduce our impact on climate change. These initiatives over time will also reduce our annual operating cost and impacts on the environment. The following is an outline of the City's Go Green Initiatives: . Environmentally Preferable Purchasing (EPP) will be implemented as a priority over the next several months where it has been determined to be feasible by the using department. EPP is the procurement of goods and services that have a reduced impact on human health and the environment as compared to other goods and services serving the same purpose. . Expansion of City Government operations recycling program is in process and should be on line over the next two weeks. This will provide for additional opportunities to recycle most paper products produced by the school and our operations. . Expansion of paperless technology has allowed the city operations to reduce the amount of paper. As you are aware over the past six months many documents have gone from paperless to electronic and several other initiatives are being reviewed for possible implication in the future. . The Records Management Program has been accelerated to reduce the storage of documents. By scanning old documents in electronic form and destroying old hard copy records in accordance with the state laws, we have eliminated the need for 1500 square feet of storage and reducing energy costs. . Energy efficient vehicles are being reviewed for possible replacement of the Community Services and Code Enforcement operation fleet. This included replacing vehicles with hybrids and flexible fuel all purpose vehicles. City policies have been adopted to encourage City employees to implement fuel management and energy savings practices. . Several programs have been instituted to reduce energy cost and reduce the impact our environment. The use of environmentally responsible replacements for light bulbs and other building materials has been in practice over the past year. We continue to monitor and reduce water consumption in the City's irrigation systems on a year round basis. . Promoting environmental awareness to our students at the Charter School continues to be a priority. The science curriculum in all grades includes environmental awareness education. The sixth grade garden project is an excellent example of a project that introduce recycling and composting concepts. . An article in the next newsletter will address promoting individual condominiums and homeowners associations to institute or expand recycling programs. We also intend to feature and recognize successful programs in upcoming newsletters. As you see much has been started to implement our Go Green initiatives and we plan to continue to expand the program in the future. If you have any questions, please feel free to contact me. EMS/