10-18-2007 Workshop
19200 West COllntrv Clnh Drive Aventura. FT. :B Ill0
City Commission
Workshop Meeting
October 18, 2007
Immediately following Special Meeting
Executive Conference Room
The City of
AVentura
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AGENDA
1. Proposed Amendment to Billboard Agreement (City Manager) *
Future Action Required: Resolution
2. Aventura Arts and Cultural Center Update (City Manager)*
3. Proposed LDR Amendment to Add Display Showrooms as a
Conditional Use in Office Park District (City Manager)*
Future Action Required: Ordinance
4. Proposed LDR Amendment to Permit Mechanical Parking (City
Manager) *
Future Action Required: Ordinance
5. Transit Impact Fee Study (City Manager)*
Future Action Required: Ordinance
6. Property Tax Reform Update (City Manager)*
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, 305-466-890 I, not later than two days prior to such proceeding.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM,
TO: City Commission
DATE: October 11, 2007
SUBJECT: Recommended Amendment to Agreement with Clear Channel Outdoor,
Inc. Concerning Commercial Advertising Sign
At the April Meeting, the City Commission approved an amendment to the subject
agreement which provided for converting a billboard sign that advertised the City of
Aventura to commercial advertising purposes. The Agreement provided for the City to
share 50% of the net revenue received from the billboard with a minimum amount of
$150,000.
Due to the decline in residential development and the economy in general, Clear
Channel has not been able to lease the billboard at this time. At the Workshop Meeting,
I would like to discuss an option with the Commission that could expand the opportunity
to lease the billboard.
If you have any questions, please feel free to contact me.
EMS!
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: October 12,2007
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit
SUBJECT: Aventura Arts & Cultural Center
An update on the Aventura Arts & Cultural Center will be presented by the Architect at
the Workshop Meeting. Preliminary budgets for the project as well as the Library will be
discussed.
Attached is a report relating to the Agreement with Miami-Dade County for the GOB
funding.
EMS!aca
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City Manager
DATE: October 4, 2007
SUBJECT: Proposed Agreement with Miami Dade County for GOB Project Number
57 -Aventura Performing arts Center
In order to secure the County's GOB Program funding in the amount of $4,714,000 for
the Aventura Performing Arts Center project the City will be required to enter into the
attached Agreement with the County. This is a standard agreement the County uses for
all GOB projects. This will appear on a future Commission Agenda for approval. I want
to make the City Commission aware of the following provisions that are contained in the
Agreement:
1. Representation of the Municipality: The Municipality agrees to a)
maintain the Project for a minimum of 25 years, b) agrees to govern itself, in
regards to the subject Project, in accordance with Article 6 of the County
Charter, c) keep the Project open safely and properly maintained for all
Miami-Dade County residents, and d) allow all Miami-Dade County
residents equal access and use of the Project and not discriminate when
charging facility admission fees based on where a resident resides in the
County.
2. Naming Rights and Advertisements: In the event that any naming rights
or advertisement space is offered on a facility constructed or improved with
BBC GOB Program funds, then Miami-Dade County's name, logo, and
slogan shall appear on the facility not less than once and equal to half the
number of times the most frequent sponsor or advertiser is named,
whichever is greater. Lettering used for Miami-Dade County will be no less
than 75% of the size of the largest lettering used for any sponsor or
advertiser unless waived by the Board. The Municipality must include the
following credit line in all promotional marketing materials related to this
funding including web sites, news and press releases, public service
announcements, broadcast media, programs, and publications: "THIS
PROJECT IS SUPPORTED BY THE BUILDING BETTER COMMUNITIES
BOND PROGRAM AND THE MAYOR AND BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY."
I have placed this matter on the Workshop Agenda to respond to any questions you
may have.
Attachments
EMS!
AGREEMENT
BETWEEN
THE CITY OF A VENTURA FLORIDA
AND
MIAMI-DADE COUNTY
GOB Project Number 57 -Aventura Performing Arts Center
THIS AGREEMENT (the "Agreement") by and between Miami-Dade County, a political
subdivision of the State of Florida (the "County"), through its governing body, the Board
of County Commissioners of Miami-Dade County, Florida (the "Board") and the City of
Aventura, Florida, a municipal corporation organized under the laws of the State of
Florida, through its governing body, the Mayor and Commissioners of the Aventura,
Florida (the "Municipality") is entered into this day of , 2007.
WITNESSETH
WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-
913-04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing
the issuance of $2.926 billion in general obligation bonds for capital projects and on
November 2, 2004, a majority of those voting approved the bond program (the "BBC
GOB Program"); and
WHEREAS, the aforementioned Resolutions include specific countywide
projects, neighborhood projects for the Unincorporated Municipal Service Area and
municipalities and associated allocations for activities such as but not limited to
development, improvement, rehabilitation, restoration or acquisition of real property; and
WHEREAS, GOB Project Number 57- Aventura Performing Arts Center, (the
"Project") is eligible for funding from the BBC GOB Program in a total amount not to
exceed $4,714,000 (the "Funding Allocation"); and
WHEREAS, the Municipality is undertaking the reconstruction of County's
Northeast Library Branch which will be located on the same site as the proposed
Aventura Performing Arts Center which was specifically approved as part of the BBC
GOB Program or is eligible for funding from one of the programs to be funded under the
BBC GOB Program; and
WHEREAS, the Aventura Performing Arts Center is estimated to cost $6,264,000
(the "Total Project Cost") and will be funded from the sources listed in Exhibit 1; and
Building Better Communities Municipal Agreement
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WHEREAS, pursuant to the terms of this Agreement the County has agreed to
allocate $$4,714,000 from the Series A 2005 Bonds for the Project (the "Funding Cycle
Allocation"); and
WHEREAS, the Commissioners of both the County and the Municipality have
authorized, by resolution, their respective managers to enter into this Agreement for
each Funding Cycle Allocation describing their respective roles in the funding for the
Project costs with respect to such Funding Cycle Allocation,
NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically
authorizes the County Manager to execute such agreements, sub-agreements and
other required contracts and documents, to expend Building Better Communities bond
funds received for the purpose described in the funding request, and in consideration of
the mutual promises and covenants contained herein and the mutual benefits to be
derived from this Agreement, the parties hereto agree as follows:
Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles
and obligations regarding the funding being provided with respect to the Project.
Section 2. Funding Responsibilities:
b.
Project Funding Plan: A Project funding plan identifying the
Funding Allocation to be funded by the County solely from BBC
GOB Program proceeds and the costs to be funded by the
Municipality through a local funding plan or written project funding
commitments from third parties is attached as Exhibit 1. Included
shall be a projected timetable for each Funding Cycle Allocation
and the amount funded to date, if any.
Representations of the Municipality: The Municipality covenants
and warrants that it has, in combination with the Funding Allocation,
the amount of funding necessary for the completion of the Project.
The additional sources of funding are listed in Exhibit 1.
Responsibilities of the County: The County agrees to provide
solely from BBC GOB Program proceeds for the Funding Cycle
Allocation in an amount equal to $4,714,000. This amount
represents a portion of the amount necessary to complete the
Project. This sum shall be provided in accordance with the
reimbursement procedures contained in the County's GOB
Administrative Rules attached as Attachment 1. In the event that
the Project Milestones, as defined and set forth in Exhibit 1 of this
Agreement are not within 10% of completion, the dollars to be
funded for subsequent Milestones may be delayed for one calendar
year in accordance with the Administrative Rules, see Section 18 of
this Agreement.
a.
c.
Section 3. Effective Date and Term: This Agreement shall take effect upon
execution and shall terminate upon the completion of the Project, including the
completion of all final closeout documentation.
Section 4. Compliance with Codes and Laws: Each party agrees to abide by
all Applicable Laws necessary for the development and completion of the Project.
Building Better Communities Municipal Agreement 2 of 10
"Applicable Law" means any applicable law (including, without limitation, any
environmental law), enactment, statute, code, ordinance, administrative order,
charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ,
injunction, franchise, permit, certificate, license, authorization, or other direction
or requirement of any governmental authority, political subdivision, or any
division or department thereof, now existing or hereinafter enacted, adopted,
promulgated, entered, or issued. Notwithstanding the foregoing, "Applicable
Laws" and "Applicable Laws" shall expressly include, without limitation, all
applicable zoning, land use, DRI and Florida Building Code requirements and
regulations, all applicable impact fee requirements, all requirements of Florida
Statutes, specifically including, but not limited to, Section 255.05 related to
payment and performance bonds, Section 255.20 related to contractor selection
and Section 287.055 related to competitive selection of architects and engineers,
all requirements of Chapters 119 and 286 of the Florida Statutes, Section 2-
11.15 of the Code (Art in Public Places), and all other applicable requirements
contained in this Agreement and Attachment 1, which exhibit is hereby
incorporated in this Agreement by this reference.
Section 5. Contractual obligation to comply with certain County
requirements:
All records of the Municipality and its contractors pertaining to the Project shall
be maintained in Miami-Dade County and, upon reasonable notice shall be made
available to representatives of the County. In addition, the Office of Inspector
General of Miami-Dade County shall have access thereto for any of the purposes
provided in Sec. 2-1076 of the Code of Miami-Dade County.
The Municipality shall cause each contract to include a provision that contractor
shall comply with all requirements of Section 2-1076, and that contractor will
maintain all files, records, accounts of expenditures for contractor's portion of the
Work and that such records shall maintained within Miami-Dade County and
County shall have access thereto as provided in this Agreement.
The Municipality shall comply with the requirements of Florida Statutes related to
retainage of funds due a contractor and shall include appropriate language in its
construction contracts and shall require the contractor to include such language
in its subcontracts.
All applicable County Rules, Regulations, Ordinances, Resolutions,
Administrative Orders, and the County Charter referenced in this
agreement are posted on the County's website: "miamidade.gov".
Section 6. Access and Audits: The Municipality shall maintain adequate
records to justify all charges, expenses, and costs incurred which represent the
funded portion of the Project for at least three (3) years after completion of the
Project. The County shall have access to all books, records, and documents as
required in this section for the purpose of inspection or auditing during normal
business hours.
Pursuant to Section 2-1076 of the Miami-Dade County Code the County shall
have the right to engage the services of an independent private-sector inspector
Building Better Communities Municipal Agreement 3 of 10
general ("IPSIG") to monitor and investigate compliance with the terms of this
Agreement. The Office of the MIAMI-DADE COUNTY INSPECTOR GENERAL
(IG) shall have the authority and power to review past, present and proposed
County programs, accounts, records, contracts and transactions, and contracts
such as this Agreement for improvements some cost of which is funded with
County funds.
As such, the IG may, on a random basis, perform audits on this Agreement
throughout the duration of said Agreement (hereinafter "random audits"). This
random audit is separate and distinct from any other audit by the County.
The IG shall have the power to retain and coordinate the services of an
Independent Private Sector Inspector General (IPSIG) who may be engaged
to perform said random audits, as well as audit, investigate, monitor, oversee,
inspect, and review the operations, activities and performance and procurement
process including, but not limited to, project design, establishment of bid
specifications, bid submittals, activities of the Municipality and contractor and
their respective officers, agents and employees, lobbyists, subcontractors,
materialmen, staff and elected officials in order to ensure compliance with
contract specifications and detect corruption and fraud. The IG shall have the
power to subpoena witnesses, administer oaths and require the production of
records. Upon ten (10) days written notice to the Municipality (and any affected
contractor and materialman) from IG, the Municipality (and any affected
contractor and materialman) shall make all requested records and documents
available to the IG for inspection and copying.
The IG shall have the power to report and/or recommend to the Board whether a
particular project, program, contract or transaction is or was necessary and, if
deemed necessary, whether the method used for implementing the project or
program is or was efficient both financially and operationally. Monitoring of an
existing project or program may include reporting whether the project is on time,
within budget and in conformity with plans, specifications, and applicable law. The
IG shall have the power to analyze the need for, and reasonableness of,
proposed change orders.
The IG is authorized to investigate any alleged violation by a contractor of its
Code of Business Ethics, pursuant Miami-Dade County Code Section 2-8.1.
The provisions in this section shall apply to the Municipality, its contractors and
their respective officers, agents and employees. The Municipality shall
incorporate the provisions in this section in all contracts and all other agreements
executed by its contractors in connection with the performance of this
Agreement. Any rights that the County has under this Section shall not be the
basis for any liability to accrue to the County from the Municipality, its contractors
or third parties for such monitoring or investigation or for the failure to have
conducted such monitoring or investigation and the County shall have no
obligation to exercise any of its rights for the benefit of the Municipality.
Section 7. Relationship of the Parties: The parties agree that the Municipality is
an independent entity responsible solely for the Project and not an agent or
servant of the County. No party or its officers, elected or appointed officials,
Building Better Communities Municipal Agreement 4 of 10
employees, agents, independent contractors or consultants shall be considered
employees or agents of any other party, nor to have been authorized to incur any
expense on behalf of any other party, nor to act for or to bind any other party, nor
shall an employee claim any right in or entitlement to any pension, workers'
compensation benefit, unemployment compensation, civil service or other
employee rights or privileges granted by operation of law or otherwise, except
through and against the entity by whom they are employed.
Section 8. Liability: The parties to this Agreement shall not be deemed to
assume any liability for the negligent or wrongful acts, or omissions of the other
party. Nothing contained herein shall be construed as a waiver, by either party,
of the liability limits established in Section 768.28 of the Florida Statutes. The
Municipality acknowledges that the County, its employees, commissioners and
agents are solely providing funding assistance for the Project and are not
involved in the design, construction, operation or maintenance of the Project.
Section 9. Breach, Opportunity to Cure and Termination:
(a) Each of the following shall constitute a default by the Municipality:
(1) If the Municipality uses the Funding Cycle Allocation for costs
not associated with the Project (i.e. ineligible costs), and the
Municipality fails to cure its default within thirty (30) days after
written notice of the default is given to the Municipality by the
County; provided, however, that if not reasonably possible to
cure such default within the thirty (30) day period, such cure
period shall be extended for up to one hundred eighty (180)
days following the date of the original notice if within thirty (30)
days after such written notice the Municipality commences
diligently and thereafter continues to cure.
(2) If the Municipality shall breach any of the other covenants or
provisions in this Agreement other than as referred to in Section
9(a)(1) and the Municipality fails to cure its default within thirty
(30) days after written notice of the default is given to the
Municipality by the County; provided, however, that if not
reasonably possible to cure such default within the thirty (30)
day period, such cure period shall be extended for up to one
hundred eighty (180) days following the date of the original
notice if within thirty (30) days after such written notice the
Municipality commences diligently and thereafter continues to
cure.
(b) Each of the following shall constitute a default by the County:
(1) If the County shall breach any of the covenants or provisions in
this Agreement and the County fails to cure its default within
thirty (30) days after written notice of the default is given to the
County by the Municipality; provided, however, that if not
reasonably possible to cure such default within the thirty (30)
day period, such cure period shall be extended for up to one
hundred eighty (180) days following the date of the original
notice if within thirty (30) days after such written notice the
County commences diligently and thereafter continues to cure.
Building Better Communities Municipal Agreement 5 of 10
(c) Remedies:
(1) Upon the occurrence of a default as provided in Section 9(a)(1)
and such default is not cured within the applicable grace period,
the County, in addition to all other remedies conferred by this
Agreement, the Municipality shall reimburse the County, in
whole or in part as the County shall determine, all funds
provided by the County hereunder.
(2.) Either party may institute litigation to recover damages for any
default or to obtain any other remedy at law or in equity
(including specific performance, permanent, preliminary or
temporary injunctive relief, and any other kind of equitable
remedy).
(3) Except with respect to rights and remedies expressly declared
to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by any party of one or
more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or
remedies for the same default or any other default.
(4) Any failure of a party to exercise any right or remedy as
provided in this Agreement shall not be deemed a waiver by that
party of any claim for damages it may have by reason of the
default.
(d) Termination:
(1) Notwithstanding anything herein to the contrary, either party
shall have the right to terminate this Agreement, by giving
written notice of termination to the other party, in the event that
the other party is in material breach of this Agreement.
(2) Termination of this Agreement by any Party is not effective until
five (5) business days following receipt of the written notice of
termination.
(3) Upon termination of this Agreement pursuant to Section 9(d)(1)
above, no party shall have any further liability or obligation to
the other party except as expressly set forth in this Agreement;
provided that no party shall be relieved of any liability for breach
of this Agreement for events or obligations arising prior to such
termination.
Section 10. Litigation CostsNenue: In the event that the Municipality or the
County institutes any action or suit to enforce the provisions of this Agreement,
the prevailing party in such litigation shall be entitled to reasonable costs and
attorney's fees at the trial, appellate and post-judgment levels. This Agreement
shall be governed by and construed in accordance with the laws of the State of
Florida. The County and the Municipality agree to submit to service of process
and jurisdiction of the State of Florida for any controversy or claim arising out of
or relating to this Agreement or a breach of this Agreement. Venue for any court
action between the parties for any such controversy arising from or related to this
Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade
County, Florida, or in the United States District Court for the Southern District of
Florida, in Miami-Dade County, Florida.
Building Better Communities Municipal Agreement
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continuing waiver or a waiver of any other breach of the same or any other
provision of this Agreement.
Section 17. Representation of the Municipality: The Municipality represents
that this Agreement has been duly authorized, executed and delivered by Mayor
and Commissioners, as the governing body of the City of Aventura, Florida and it
has granted the City Manager, or his designee, the required power and authority
to execute this Agreement. The Municipality agrees to a) maintain the Project for
a minimum of 25 years, b) agrees to govern itself, in regards to the subject
Project, in accordance with Article 6 of the County Charter, c) keep the Project
open safely and properly maintained for all Miami-Dade County residents, and d)
allow all Miami-Dade County residents equal access and use of the Project and
not discriminate when charging facility admission fees based on where a resident
resides in the County. The Municipality also agrees to accept and comply with
the Administrative Rules as stated in Attachment 1 and as may hereafter be
amended.
Section 18. Representation of the County: The County represents that this
Agreement has been duly approved, executed and delivered by the Board, as the
governing body of the County, and it has granted the Miami-Dade County
Manager the required power and authority to execute this Agreement. The
County agrees to provide the Funding Cycle Allocation to the Municipality for the
purpose of developing and improving the Project in accordance with each of the
attached Exhibit Forms, incorporated herein as Exhibits A-J of Attachment 1
(Administrative Rules). Miami-Dade County shall only be obligated to reimburse
the Municipality provided the Municipality is not in breach of this agreement and
the Municipality has demonstrated that it has adequate funds to complete the
Project. The County shall administer, in accordance with the appropriate
regulations, the funds available from the BBC GOB Program as authorized by
Board Resolutions. Any and all reimbursement obligations of the County shall be
fully subject to and contingent upon the availability of funding from the County for
the specific purpose contained herein. The Municipality shall be solely
responsible for submitting all documentation, as required by the specific
Administrative Rules incorporated herein as Attachment 1, to the County
Manager or his designee for this purpose.
Section 19. Invalidity of Provisions, Severability: Wherever possible, each
provision of the Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to
the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement, provided that the
material purposes of this Agreement can be determined and effectuated.
Section 20. Indemnity: The Municipality does hereby agree to indemnify and
hold harmless the County to the extent and within the limitations of Section
768.28 Florida Statutes, subject to the provisions of that statute, whereby the
Municipality 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
Building Better Communities Municipal Agreement 8 of 10
Section 11. Naming Rights and Advertisements: In the event that any naming
rights or advertisement space is offered on a facility constructed or improved with
BBC GOB Program funds, then Miami-Dade County's name, logo, and slogan
shall appear on the facility not less than once and equal to half the number of
times the most frequent sponsor or advertiser is named, whichever is greater.
Lettering used for Miami-Dade County will be no less than 75% of the size of the
largest lettering used for any sponsor or advertiser unless waived by the Board.
The Municipality must include the following credit line in all promotional
marketing materials related to this funding including web sites, news and press
releases, public service announcements, broadcast media, programs, and
publications: "THIS PROJECT IS SUPPORTED BY THE BUILDING BETTER
COMMUNITIES BOND PROGRAM AND THE MAYOR AND BOARD OF
COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY."
Section 12. Notice: Any notice, consent or other communication required to be
given under this Agreement shall be in writing, and shall be considered given
when delivered in person or sent by facsimile or electronic mail (provided that
any notice sent by facsimile or electronic mail shall simultaneously be sent
personal delivery, overnight courier or certified mail as provided herein), one
business day after being sent by reputable overnight carrier or 3 business day
after being mailed by certified mail, return receipt requested, to the parties at the
addresses set forth below (or at such other address as a party may specify by
notice given pursuant to this Section to the other party):
The County:
George M. Burgess, County Manager
Miami-Dade County, Stephen P. Clark Center
111 NW 1 Street, Suite 2910
Miami, Florida 33128
The Municipality:
Eric M. Soroka, City Manager
City of Aventura
2900 W. Country Club Drive
Aventura, Florida 33180
Section 13. Modification and Amendment: Except as expressly permitted
herein to the contrary, no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and equal dignity herewith.
Section 14. Joint Preparation: The preparation of this Agreement has been a
joint effort of the parties, and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties
than the other.
Section 15. Headings: Captions and headings in this Agreement are for ease of
reference only and do not constitute a part of this Agreement and shall not affect
the meaning or interpretation of any provisions herein.
Section 16. Waiver: There shall be no waiver of any right related to this
Agreement unless in writing and signed by the party waiving such right. No delay
or failure to exercise a right under this Agreement shall impair such right or shall
be construed to be a waiver thereof. Any waiver shall be limited to the particular
right so waived and shall not be deemed a waiver of the same right at a later time
or of any other right under this Agreement. Waiver by any party of any breach of
any provision of this Agreement shall not be considered as or constitute a
Building Better Communities Municipal Agreement 7 of 10
property damage claims, liabilities, losses or causes of action which may arise
solely as a result of the negligence of the Municipality. However, nothing herein
shall be deemed to indemnify the County from any liability or claim arising out of
the negligent performance or failure of performance of the County or any
unrelated third party.
The County does hereby agree to indemnify and hold harmless the Municipality
to the extent and within the limitations of Section 768.28 Florida Statutes, subject
to the provisions of that 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 or causes of action which may arise solely as a result of the negligence of
the County. However, nothing herein shall be deemed to indemnify the
Municipality from any liability or claim arising out of the negligent performance or
failure of performance of the Municipality or any unrelated third party.
Section 21. Assignment: The Municipality may not assign all or any portion of
this Agreement without the prior written consent of the County.
Section 22. Entirety of Agreement: This Agreement, and the attachments
thereto, incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained in this Agreement. The parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement
that are not contained in this Agreement, and that this Agreement contains the
entire agreement between the parties as to all matters contained herein.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
It is further agreed that any oral representations or modifications concerning this
Agreement shall be of no force or effect, and that this Agreement may be
modified, altered or amended only by a written amendment duly executed by
both parties hereto or their authorized representatives.
Building Better Communities Municipal Agreement
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IN WITNESS THEREOF, the parties through their duly authorized representatives
hereby execute this AGREEMENT with an effective date of , 2007
Approved by City Attorney as
to form and legal sufficiency.
Approved by County Attorney as
to form and legal sufficiency.
Building Better Communities Municipal Agreement
City of Aventura, Florida
By:
City Manager
Date
For the City Commission,
City of Aventura, Florida
Teresa M. Soroka, CLERK
Attest:
By:
City Clerk
Date
MIAMI-DADE COUNTY, FLORIDA
By:
County Manager
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Deputy Clerk
Date
10 of 10
Section 6.1
Attachment 1
BUILDING BETTER COMMUNITIES
GENERAL OBLIGATION BOND
PROGRAM
ADMINISTRATIVE RULES
TABLE OF CONTENTS
ARTICLE I - GENERAL CONDITIONS
SECTION 1. BACKGROUND
SECTION 2. SCOPE
SECTION 3. GENERAL
SECTION 4. DEFINITIONS
ARTICLE II -FUNDING PROCEDURES
SECTION 1. FUNDING CYCLES;
APPLICATION SUBMISSION PERIODS
SECTION 2. FUNDING APPLICATION
SECTION 3. ELIGIBILITY REQUIREMENTS
SECTION 4. ELIGIBILITY DETERMINATION AND EV ALUA TION
ARTICLE III - GRANT ADMINISTRATION
SECTION 1. FUNDING ALLOCATION ADMINISTRATION &
REIMBURSEMENT POLICY
SECTION 2. COMPLIANCE RESPONSIBILITIES
SECTION 3. REPORTS
SECTION 4. PROJECT CLOSE-OUT
SECTION 5. INTERPRETATION; ADMINISTRATION
Building Better Communities Administrative Rules
1 of22
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ARTICLE I - GENERAL CONDITIONS
SECTION 1. BACKGROUND
These administrative rules govern the implementation by Miami-Dade County (the "County") of its
Building Better Communities General Obligation Bond Program as established by Ordinance No.
05-47 (the "Ordinance").
SECTION 2. SCOPE
These administrative rules have been prepared to address the administration and allocation of funds
for the projects and programs identified in the Building Better Communities General Obligation
Bond Program (BBC GOB Program). In addition to the funding of Projects specifically listed in the
BBC GOB Program, eligible projects may be funded through the application process described in
these administrative rules with monies from four (4) funds. The funds are the Historical
Preservation Fund, the Economic Development Fund, the Not-for-Profit Community Organization
Capital Fund and the Primary Health Care Facilities Fund (collectively, the "Funds").
SECTION 3. GENERAL
All recipients of funding for specific projects identified in the BBC GOB Program and for projects
approved for funding from one of the Funds are required to follow these administrative rules.
Failure to do so may lead to disqualification.
Additional copies of the administrative rules and/or application materials may be obtained by
contacting the County Manager's Office. All inquiries, correspondence and applications for the
BBC GOB Program should be addressed to:
Miami-Dade County
County Manager's Office
111 NW 1 Street
Suite 2910
Miami, Florida 33128
Attention: Roger T. Hernstadt
or to a Department or agency of Miami-Dade County, serving as the County Manager's Designated
Representative.
SECTION 4. DEFINITIONS
The following is a list of terms and definitions that are used in these administrative rules:
"Acquisition" means the act of obtaining real property and/or capital assets or interests and rights
in real property and/or capital assets by various legal means to serve public purposes.
"Applicant" means a Public Agency, not-for-profit organization, Municipality. or other entity
eligible to participate in the BBC GOB Program, which submits a Funding Application Package to
the County during an announced Application Submission Period.
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"Application" means the process described in these rules to make a formal request for Funding
Allocation which remains open until the execution of a Grant Agreement or lnterlocal Agreement,
as the case may be, or a decision by the County not to provide a Total Funding Allocation.
"Application Submission Period" means the formally announced period of time for the
submission of a Funding Application Package in a given Funding Cycle.
"Board of County Commissioners" or "Board" means the legislative and the governing body of
the County.
"Community-Based Organization (CBO)" shall refer to any not-for-profit 501(c)(3) agency,
group, organization, society, association, partnership or individual whose primary purpose is to
provide a community service designed to improve or enhance the well-being of the community of
Miami-Dade County at large or to improve or enhance the well-being of certain individuals within
this community who have special needs.
"County" means Miami-Dade County, Florida.
"County Manager" or "Manager" means the head of the administrative branch of the County
government or his/her designated representative.
"Development" means the act of physically improving an area, facility, resource or site to increase
its ability or capacity to serve the public.
"Designated Projects" means the specific Projects approved by the Board in ~he Ordinance and the
electors on November 2, 2004 for inclusion in the BBC GOB Program.
"Fixtures, Furniture and Equipment (FF&E)" means 1) Fixtures - items that are permanently
affixed to the building or property, i.e., doors, bathroom stalls, AlC units, etc.; 2) Furniture - indoor
furnishings needed to allow proper use of a building, i.e., desks, chairs, tables, workstations, etc.;
and 3) Equipment - non-consumable tangible property with a life of at least one year that is directly
related to the funded project, such as bleachers for courts, audio/visual equipment for community
rooms, computers for computer labs, portable basketball goals for gymnasiums, etc.
"Fund Projects" means the specific Projects approved by the County pursuant to these
administrative rules for a Funding Allocation from one of the Funds.
"Funds" means any and/or all of the following four funds included in the BBC GOB Program to
address grant requests for Fund Projects: the Economic Development Fund, the Historical
Preservation Fund, the Not-for-Profit Community Organization Capital Fund and the Primary
Healthcare Facilities Fund.
"Funding Cycle Allocation" means Building Better Communities General Obligation Bond funds
approved by the Board in a given year for use by a Recipient for implementation of a Project
pursuant to these administrative rules.
"Funding Allocation" means (i) the total amount of Building Better Communities General
Obligation Bond funds approved by the Board on July 20, 2004 for use by a Recipient for a specific
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Project; or (ii) the total amount approved by the County from a Fund for use by a Recipient for a
specific Project.
"Funding Application Form" means the base application form provided by the County Manager
to be completed by the Applicant and submitted as part of the Funding Application Package.
"Funding Application Package" means the complete submittal package required by these
administrative rules and submitted by an Applicant for a Project. (See Article II, Section 2).
"Funding Cycle" means the time between the opening of an Application Submission Period and
the approval by the Board of the Projects to receive a Funding Cycle Allocation from the next series
of general obligation bonds.
"Grant Agreement" means an executed grant agreement between the County and a Recipient
(other than a grant to a Municipality or Public Agency, which grant will be evidenced by an
executed lnterlocal Agreement) setting forth mutual obligations regarding a Funding Cycle
Allocation for a Project.
"Interlocal Agreement" means an executed grant agreement between the County and a Recipient
that is a Municipality or Public Agency setting forth mutual obligations regarding a Funding Cycle
Allocation for a Project.
"Match" means cash committed by the Recipient, as stipulated in the approved Grant Agreement
or the lnterlocal Agreement, as the case may be, to complement funding awarded from the BBC
GOB Program.
"Municipality" means a political unit, such as a city, town, or village, incorporated for local self-
government within the confines of Miami-Dade County.
"Ordinance" means the Building Better Communities General Obligation Bond Ordinance No. 05-
47.
"Pre-Agreement Expenses" means eligible expenses identified in Article III, Section l(B) of these
rules incurred by a Recipient for accomplishment of a Project prior to full execution of a Grant
Agreement or an lnterlocal Agreement, as the case may be.
"Project" means each Designated Project or Fund Project, as the case may be, identified in a
Funding Application Package and approved by the County for a Funding Allocation.
"Public Agency or Public Agencies" means an agency or agencies or administrative division or
divisions of the United States government, the State of Florida, the County, or any municipality
within the County.
"Recipient" means an entity receiving a Funding Allocation.
"Soft Costs" means real and verifiable expenditures for administration, project management (not
related to construction supervision), indirect costs (accounting/purchasing/personnel, etc.), imposed
fees (e.g., permit processing fees) and those costs NOT related to construction material, labor,
equipment or construction sub-contractors. Soft Costs for the purpose of this Program are classified
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by the following three areas:
. Project Administration - administration, project management (not related to construction
supervision), indirect costs (accounting/purchasing/personnel, etc.) and imposed fees (e.g.,
Professional Services Agreement selection/permit processing fees). Project management related
to construction supervision is not considered a soft cost; and
. Planning Services - Master Plan development and approval and feasibility studies; and
. Design Services - schematic design, design development, construction documents, bidding or
negotiation and as built drawings.
Construction supervision and/or inspection are not considered soft costs. All costs associated with
land acquisition such as: appraisals, due diligence, cost of land, project administration related to
land purchase, legal fees, etc. are not part of the soft costs.
"Targeted Urban Areas" or "TUA" means the geographical communities which have been
designated by the Board of County Commissioners.
"UMSAtl means Unincorporated Municipal Service Area of the County, for which the County
provides municipal services. Projects occurring within areas defined as UMSA are subject to the
same administrative rules as any other project seeking Building Better Communities General
Obligation Bond funding, regardless of the entity involved in the project.
ARTICLE II - FUNDING PROCEDURES
SECTION 1. FUNDING CYCLES; APPLICATION SUBMISSION PERIODS
A Funding Cycle shall be established by the Board on a periodic basis related to the sale of bonds,
provided there are Building Better Communities General Obligation Bonds remaining to be sold.
Each Project may be funded during one or more Funding Cycles through a Funding Allocation.
Eligible entities must apply for these Funding Allocations. Eligible entities existing on/or before
July 20th, 2004, the date the General Obligation Bond Resolutions were approved by the Board, will
receive priority consideration for Project approval and Funding Allocation. A Grant Agreement or
lnterlocal Agreement between the County and the Recipient, as the case may be, implements the
Funding Allocations.
The Funding Application package shall be delivered on or before the last day of the announced
Application Submission Period. The County may announce an additional Application Submission
Period if funds remain or become available after the preceding Application Submission Period is
complete. Each Application Submission Period and other pertinent application information shall be
publicly announced in newspapers of general circulation in the County at least one (1) month prior
to the deadline for submission of the Funding Application Package, unless otherwise waived by the
Board.
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SECTION 2. FUNDING APPLICATION
An Applicant must submit a complete Funding Application in order to be eligible to receive a
Funding Allocation award. A complete Funding Application Package means one that meets all the
requirements of the Ordinance and these administrative rules and is supported by proper
documentation required by these administrative rules. The Funding Application Package shall
consist of:
1) Completed Funding Application Form.
2) Completed line item budget. The line item budget must be submitted with budget
justifications for the Construction and Fixtures, Furniture and Equipment line items. The
justification should provide detailed descriptions of the project elements. Reimbursement
for Fixtures, Furniture & Equipment is contingent upon prior inclusion and approval of these
expenses in the Grant Agreement. (See Article III, Section l(C)).
3) Letter(s) of commitment for matching funds that complement the Funding Allocation
request as may be required by the Application.
4) Projected completion date for the Project and if the Project will be constructed in phases, the
completion date of each phase.
5) Project location map.
6) For Development Projects, certification of ownership of a site by the Applicant or evidence
of land tenure sufficient to satisfy the County that the Project may be developed on the
designated site.
7) Written evidence (resolution or other legally required documentation), which at a minimum:
(i) authorizes the execution of the Grant Agreement or the Interlocal Agreement, as the case
may be; (ii) commits the Applicant to complete the Project; (iii) as applicable, commits the
Applicant to provide operating, maintenance and programming funds upon completion of
the Project, to the extent allowed by law; and (iv) provides that the Funding Allocation shall
not be used in substitution of other capital project funding available to the Applicant.
8) Any other documentation that the Board may require from time to time.
An Applicant may request funding for a major Project in phases. Each phase shall constitute a
distinct portion of the proposed Project. Each Applicant requesting funding for a Project in phases
shall commit to completing the Project as defined in the Grant Agreement or the Interlocal
Agreement, as the case may be, unless otherwise modified by approval of the Board in accordance
with these rules and the Ordinance.
In the event an applicant intends to submit a request for pre-agreement reimbursement, the applicant
shall comply with Article III, Section l(B)).
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SECTION 3. ELIGIBILITY REQUIREMENTS
A) Designated Projects
Eligibility requirements for Applicants:
. Active and duly registered Florida not-for-profit 501(c)(3) corporation. Comply with
the County's Administrative Order 3-15.
. Active and duly registered Florida for-profit corporation or recognized business
entity.
. Municipal entity or agency based in Miami-Dade County.
. Owner or lessee of residential or commercial property located within Miami-Dade
County on which the Designated Project shall be situated.
. Financially stable including financial commitments to complete the Designated
Project.
B) Fund Projects
1. Funds Objectives
The Economic Development Fund (the "EDF") is a component of the Building Better
Communities Bond Program and is available for the purpose of providing infrastructure
improvements to spur economic development and attract new businesses to the community
in order to create jobs. The EDF includes $75 million that is available countywide and $15
million that is specifically focused on the County's designated Targeted Urban Areas.
Eligible uses of the EDF include but are not limited to: infrastructure funding for road
construction, water and sewer lines, fencing, sidewalks, entryways, lighting, and handicap
accessibility; acquisition of land or buildings; and new construction of buildings;
renovation of buildings. Ineligible uses of the EDF include but are not limited to: working
capital; furniture and fixtures; office equipment; and other non-capital related expenses.
The Historical Preservation Fund, the Primary Healthcare Facilities Fund and the Not-for-
Profit Community Organization Capital Fund are a component of the Building Better
Communities General Obligation Bond initiative for the purpose of funding projects that
support the County's historic preservation, primary healthcare, and community agency
infrastructure needs. These are capital projects that improve the quality of life for the
County's citizens, enhance medical facilities, rehabilitate historic properties, save
irreplaceable historic venues, and serve as a catalyst for preserving and protecting Miami-
Dade County's future. Medical institutions, historically and culturally significant
properties, and Community-Based Organizations needing capital funds for construction,
renovation, and expansion of facilities within the community that meet the criteria for the
following programs may be eligible for assistance from these funds.
2) Program Descriptions and Criteria
a) Economic Development Fund.
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This program includes $75 million that is available countywide and $15 million that is
specifically focused on the County's designated Targeted Urban Areas to spur economic
development and attract new businesses in order to create jobs.
Eligibility Requirements for Applicants:
· Active and duly registered Florida not-for-profit 501(c)(3) corporation.
· Active and duly registered Florida for-profit corporation or recognized business
entity .
· Municipal entity or agency based in Miami-Dade County.
· Owner or lessee of residential or commercial property located within Miami-Dade
County on which the Designated Projects will be situated.
· Financially stable including financial commitments to complete the Designated
Project.
· Those listed in any Request For Proposal's related to this Fund.
b) Historic Preservation Fund
This program includes $10 million and is intended to provide matching funds to private
property owners, private nonprofit organizations, and municipal government agencies
for the acquisition, relocation and rehabilitation of designated historic properties, or
properties eligible for designation as a historic property or as a contributing historic
district property, which has applied for such a designation within Miami-Dade County.
Eligibility Requirements for Applicants:
· Active and duly registered Florida not-for-profit 501(c)(3) corporation.
· Active and duly registered Florida for-profit corporation or recognized business
entity.
· Municipal entity or agency based in Miami-Dade County.
· Owner of residential or commercial property located within Miami-Dade County.
· Individually listed as municipal, County, State or National Register of historic
property located in Miami-Dade County.
· Contributing Property within a designated municipal, County, State or national
historic district located in Miami-Dade County.
· Property determined eligible for listing as an individual historic site or as a
contributing historic district property, and which has applied for such designation, in
a Municipality, County, State or National Register, and located within Miami-Dade
County.
· Those listed in any Request For Proposal's related to this Fund.
c) Not-for-Profit Community Organization Capital Fund
The objective of this fund is to build and sustain the capability and capacity of the not-
for-profit sector and support entities that enhance the quality of life of Miami-Dade
County by delivering needed services. The $30 million allocated to this fund recognizes
the importance and continuing contributions that these organizations make to the future
of Miami-Dade County.
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Eligibility Requirements for Applicants:
. Legally incorporated 501(c)(3) not-for-profit organization lacking access to
government sources of capital funding.
. Demonstrable financial stability.
. Organization's mission is consistent with goals identified in the Miami-Dade County
Strategic Plan.
. Demonstrate ownership of or intent to purchase a facility.
. Letter of Commitment confirming the resources necessary to accomplish the project.
. Architectural/engineering study and/or equipment specifications and professional
cost estimate.
. Two (2) year management and budget plan for the facility.
. Those listed in any Request For Proposal's related to this Fund.
c) Primary Healthcare Facilities Fund
The objective of this fund is to build and sustain the capability and capacity of the not-
for-profit sector and support entities that enhance the quality of primary healthcare
within Miami-Dade County by delivering needed services. The $25 million allocated to
this fund recognizes the importance and continuing contributions that these
organizations, and the care that they provide, make to the future of Miami-Dade County.
Eligibility Requirements for Applicants:
. Legally incorporated 501(c)(3) not-for-profit organization lacking access to
government sources of capital funding.
. Demonstrable financial stability.
. Organization's mission is consistent with goals identified in the Miami-Dade County
Strategic Plan.
. Demonstrate ownership of or intent to purchase a facility.
. Letter of Commitment confirming the resources necessary to accomplish the project.
. Architectural/engineering study and/or equipment specifications and professional
cost estimate.
. Two (2) year management and budget plan for the facility.
. Those listed in any Request For Proposal's related to this Fund.
SECTION 4. ELIGIBILITY DETERMINATION AND EVALUATION
Following closure of an Application Submission Period, the County Manager will review and
evaluate each Funding Application Package for funding eligibility or ineligibility. The County
Manager may use entities such as the following to assist him in the review and to create Project
Review Committees.
Economic Development Fund
. Empowerment Zone Trust Board
. Miami-Dade Empowerment Trust
. Office of Community and Economic Development
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. Coalition of Chambers of Commerce
. Task Force on Urban Revitalization
. Metro Miami Action Plan Trust
. Beacon Council
· Greater Miami Chamber of Commerce
. Dade League of Cities
Historic Preservation Fund
. Dade Heritage Trust
. Historic Preservation Board
Not-Cor-Profit Community Ore:anization Cavital Fund
. Alliance for Human Services
. Dade Community Foundation
Primary Healthcare Facilities Fund
. Office of Countywide Health Care Planning
Any such entity shall adhere to public record protocols specified under Administrative Order No. 3-
31. Funding Allocations for eligible projects may be recommended to the County Manager by the
Project Review Committee. The County Manager and the Project Review Committee may
determine that a Funding Application Package be classified as:
A) Ineligible. Declaration that the Project identified in a Funding Application Package IS
ineligible.
B) Conditionally Eligible. The Board may determine that a Project is eligible for funding upon
satisfaction of specified conditions. In the event that conditional approval is given, Board staff
shall verify that the conditions have been satisfied prior to executing a Grant Agreement or an
Interlocal Agreement, as the case may be.
C) Eligible. Declaration that a Project identified III a Funding Application Package IS fully
eligible.
Funding Application Packages determined to be Eligible or Conditionally Eligible shall be reviewed
and competitively evaluated to recommend bond funding allocations. A listing of all Funding
Application Packages shall be reviewed by the GOB Sub-committee and presented to the Board by
the County Manager in the form of a Resolution stating the eligibility determination, presenting the
County Manager's funding recommendations based on the competitive evaluation and seeking
approval for the disbursement of funds.
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ARTICLE III - GRANT ADMINISTRATION
SECTION 1. FUNDING ALLOCATION ADMINISTRATION & REIMBURSEMENT
POLICY
A) Grant Agreement or Interlocal Agreement
1) As a condition of award of a Funding Allocation, the BBC GOB Program and the
Recipient shall enter into a Grant Agreement or an Interlocal Agreement, as the case may
be, which sets forth the responsibilities and duties of each regarding administration of the
approved Project and approved Funding Allocation.
2) The Grant Agreement or the Interlocal Agreement, as the case may be, shall specify the
following and shall incorporate such other terms and conditions as may be required by
particular circumstances:
a) A Project NarrativelDescription of Project, including location of Project, and
beginning and end dates;
b) An overall budget for the Final Project, identifying additional sources of revenue;
c) A Funding Allocation line item budget (proposed use ofBBC GOB funds);
d) If the Recipient is a Community-Based Organization or other entity (not a
Municipality or Public Agency, a letter of commitment of matching funds validly
executed committing the organization to raise any additional capital funds necessary to
complete the Project, and committing to provide operating, maintenance and
programming funds upon completion of the Project, all as authorized and approved by
the Recipient's Board of Directors or governing entity;
e) If the Recipient is a Municipality or Public Agency, a letter of commitment of
matching funds validly executed committing the organization to appropriate capital
funds necessary to complete the Project and to provide operating, maintenance and
programming funds upon completion of the Project, all as authorized and approved by
the governing board of such Municipality or Public Agency;
t) Certification of ownership, or evidence of lease or other use agreement for a
minimum un-expired term of25 years;
g) Business plan and/or operating pro-forma, defining and identifying strategies to
address the impact the Project will have on the organization's operational structure; and
h) A list of consultants that will be involved in the development of the Project (e.g.,
Owner's project manager(s), Architecture and Engineering team, Specialty Consultants,
Developers, General Contractor or Construction Manager, etc.) as they become
available.
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B) Pre-Agreement Expenses. The incurring of Pre-Agreement Expenses creates no obligation on
the County to execute a Grant Agreement or Interlocal Agreement, as the case may be, or
otherwise satisfy those expenses. However, prior to the effective date of the Grant Agreement
or Interlocal Agreement, as the case may be" a Recipient may incur eligible Pre-Agreement
Expenses as defined in Article I - Section 4, and then after the effective date of the Grant
Agreement or Interlocal Agreement, as the case may be, be reimbursed for those costs, provided
that:
1) The costs and activities are funded as part of the Funding Allocation award and are in
compliance with the requirements of the Ordinance and these rules.
2) For those Projects funded by bond proceeds from bond sales subsequent to the sale of the
Series 2005 Bonds, reimbursement of Pre-Agreement Expenses is limited to those Pre-
Agreement Expenses incurred one (1) year prior to the first day of the Application
Submission Period, unless previously approved by the Board.
3) The Recipient has notified the County Manager in writing of the intent to submit eligible
Pre-Agreement expenses for reimbursement within 30-days of a Grant Agreement or
Interlocal Agreement being executed. Recipients shall send a letter addressed to the County
Manager for his review and approval of eligible expenses.
C) Payment. Recipients are paid allocated funds subject to the following conditions:
1 Cost of Issuance of Bonds. Not more than one percent (1 %) of the value of each Funding
Allocation award may be earmarked for all costs incidental to the preparation, issuance and
administration of the BBC GOB Program.
2 Timing. Project costs eligible for reimbursement shall be incurred between the effective
date of, and the Project completion date identified in, the Grant Agreement or the Interlocal
Agreement, as the case may be, with the exception of Pre-Agreement Expenses.
3) Soft Cost Limits. Project Soft Costs for Planning Services, Design Services and Project
Administration, as defined in Article 1 Section 4, "Soft Costs", are eligible for funding
provided that bond proceeds utilized to pay for such costs do not exceed seventeen percent
(17%) of the total bond proceeds allocated to a given Project. This limitation may be
waived by the Board. Where a major Project is funded in phases, this cost limit may not
necessarily apply to each individual Project phase, but must apply to the Funding Allocation
for the Project.
4) Recipients will implement their own procurement process; however, they shall comply with
all applicable Federal, State and local laws and regulations, including the County ordinances
and regulations.
5) Recipients are responsible for managing the day-to-day operations of Funding Allocation
supported activities, and maintaining communications with the County Manager regarding
the Project. Recipients must monitor Funding Allocation supported activities to assure
compliance with the Ordinance, these rules, the Grant Agreement or Interlocal Agreement,
as the case may be, and all applicable Federal, State and local requirements.
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6) Payments to the Recipient may be withheld at any time that the Recipient fails to comply
with the terms of the Grant Agreement or the Interlocal Agreement, as the case may be.
Funds withheld for failure to comply with the terms of the Grant Agreement or the Interlocal
Agreement, as the case may be, but without suspension of the Funding Allocation shall be
released to the Recipient upon subsequent compliance. Recipients will not be required to
reimburse the County for payments already received by the County from the Recipient
unless the Recipient fails to develop and/or operate the Project for the purpose described in
the Funding Application Package.
7) Recipient's must complete the authorized signature form (Exhibit A).
8) In general, payment shall be made on a reimbursement basis. A Funding Allocation
Recipient may submit a Request for Advance Payment form (Exhibit B) for review and
approval by the County Manager. Approved recipients may receive an advance payment no
more that 180 days in advance of the allocation schedule approved by the Board, for up to
25% of the value of the Funding Allocation for the subject Project. All advance payments
received by a Recipient shall be maintained in a separate interest bearing account and may
not be co-mingled with other funds. All advances must be fully accounted for within one (1)
year of the date of the approval and before subsequent reimbursement requests are paid.
The recipient will be required to close the account and submit a check to the County for the
interest earned accompanied by an Interest Earned on Advance Form (Exhibit C). Upon
receipt of the check and supporting documentation all subsequent reimbursement requests
can be paid. Checks must be made payable to Miami-Dade County Board of County
Commissioners and forwarded to the Office of the County Manager.
9) Recipients must submit reimbursement/payment requests no later than quarterly. If a
Recipient is unable to submit a reimbursement/payment request by the quarterly deadline, a
written justification indicating the reason for the delay and expected submission date is
required to be submitted by the deadline. Failure to comply with this requirement shall
render the Recipient in non-compliance with the Administrative Rules and may result in
reduction or forfeiture of payment, at the discretion of the County Manager. Failure to
submit two consecutive requests shall be deemed a forfeiture of all rights unless specifically
waived by the County Manager. The Recipient must submit a written explanation for such
delays in order to be considered for a waiver of this requirement and all such waivers shall
be made at the sole discretion ofthe County Manager.
10) Recipients shall complete, sign, and submit to the County the appropriate Reimbursement
Request forms as necessary (Exhibits D through H) accompanied by supporting
documentation (i.e., copies of invoices, receipts and check payments).
11) Reimbursement requests for Fixtures, Furniture & Equipment items must be included and
approved in the Grant Agreement or the Interlocal Agreement, as the case may be, prior to
acquisition. Written requests for Fixtures, Furniture & Equipment approval must be
accompanied by Exhibit H.
12) In accordance with State law, five (5%) of the value of the Building Better Communities
General Obligation Bond funding for a given Project shall be retained by the County for all
projects in excess of $100,000, unless otherwise recommended in writing by staff and
approved by the Board. Upon completion of a Project, a signed project completion
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certificate (Exhibit I) must be submitted with the final reimbursement request forms in order
for the remaining retainage to be released.
13) The County Manager may require that reimbursement requests for any Funding Allocations
requiring a cash match must be accompanied by documentation of the expenditure of
committed match funds (i.e., copies of invoices, canceled checks, etc.).
14) Each Recipient will ensure that all contractors and consultants perform in accordance with
the terms, conditions, drawings and specifications of their contracts or purchase orders and
that all Federal, State and local contracting rules apply.
15) Each Recipient shall maintain an accounting system, which meets generally accepted
accounting principles, and shall maintain all required financial records to properly account
for all Building Better Communities General Obligation Bond funds and any supplemental
funds used for the Project. The Recipient shall at all times maintain a separate accounting of
all Building Better Communities General Obligation Bond funds.
16) Each Recipient shall be responsible for reporting, on a continuous, on-going basis, any
contractual relationship established to perform work on the project, start dates, progress
payments, completion dates, etc. in the system provided by the County.
17) The Recipient shall be responsible for completing the Project. If the total cost of the Project
exceeds the value of the Funding Allocation, then the Recipient must provide any
supplemental funds required. In the event that supplemental funds are necessary for
completion of a Project, as of the point in time that it is known that supplemental funds are
needed, the Recipient must demonstrate that such supplemental funds have been committed
to the Project prior to and as a condition of disbursement or further disbursement of Funding
Allocations. The requirement for a Recipient to provide supplemental funds may be
modified, in part or whole, by the Board, to the extent that it approves in writing any
reduction or change to the Project scope of work in accordance with the Ordinance.
Approval of any reduction or change in scope of work is at the sole discretion of the Board.
D) Acquisition Projects. Guidelines and requirements for administering Acquisition Project
Funding Allocations are as follows:
1 Appraisal Required. Prior to acquisition of a Project site, a Recipient must obtain an
appraisal or appraisals supporting the fair market value of the land to be acquired. Pursuant
to State law, if the property is $500,000 or less in appraised value, one appraisal is required.
If the property exceeds $500,000 in appraised value, two appraisals are required.
2 Amount Authorized for Payment. The amount of Funding Allocation authorized for
payment for land acquisition shall in no case exceed the Funding Allocation available for the
Project. In the event that the negotiated acquisition price exceeds by ten percent or greater
the appraised value of the land, the disbursement of Funding Allocation shall be conditioned
upon a written justification for the purchase price and other conditions attendant to the
proposed purchase, which justification is declared satisfactory by the Board in writing.
Appraisal costs are eligible Funding Allocation costs as long as the appraised property is
being realistically and seriously considered for Acquisition, regardless ofthe outcome.
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3 Environmental Survey. The Recipient may not acquire land for a BBC GOB Program
funded Project until a Phase I environmental survey is completed, which demonstrates that
the property is suitable for its intended general use and for the specific Project. GOB funds
may be used for the necessary clean-up a Phase II environmental survey may require
provided the scope of the project is not impacted. Changes to the scope of the project
require BCC approval.
4 Signage. For six months following an Acquisition, the County shall post a sign, in the
general design provided by the County, containing the Building Better Communities
General Obligation Bond logo, identifying the source of Project funding. The cost of such a
sign is eligible for payment from the Funding Allocation.
5) Ownership. Title to land acquired with BBC GOB Program funds or facilities
constructed/developed with Building Better Communities General Obligation Bond funds
shall vest with a Public Agency or a legally incorporated 501(c)(3) not-for-profit
Community-Based Organization.
E) Development Projects. Guidelines and requirements for administering Development Project
Funding Allocations are as follows:
1) Licensed Contractors; Contractor Bonds. Duly licensed contractors shall perform all
construction. Construction contracts for work in excess of the threshold amounts established
in Section 255.20 of the Florida Statutes shall require payment and performance bonds,
which comply with the requirements of Section 255.05, Florida Statutes.
2) Cost Elements.
a) Construction Equipment. Recipients are required to use their own equipment, if
available. If a Recipient's equipment is used, the maximum Funding Allocation
payment shall cover operating and routine maintenance costs of such equipment; the
Funding Allocation excludes any depreciation or replacement cost from payment. If a
Recipient's equipment is used, a report or source document must describe the work
performed, indicate the hours used and be related to the Project. If a Recipient does not
have needed construction equipment available, then the Recipient may rent such
equipment.
b) Construction Supplies and Materials. Supplies and materials may be purchased for a
specific Project or may be drawn from a central stock, providing they are claimed at a
cost no higher than that which the Recipient paid. When supplies and/or materials are
purchased with the intention of constructing a piece of equipment, structure or part of a
structure, the costs that are charged as supplies and materials may be capitalized
according to the Recipient's normal practice or policy. If capitalized, only the cost
reasonably attributable to the Project may be claimed under the Project.
c) Personnel or Employee Services. Services of the Recipient's employees who perform
work directly related to the accomplishment of the Project are eligible costs payable
from the Funding Allocation. These costs must be computed according to the
Recipient's prevailing wage or salary scales and may include fringe benefit costs, such as
vacations, sick leave, FICA, MICA, health and life insurance, and workers compensation
Building Better Communities Administrative Rules
150f22
at the Recipient's established fringe benefit rate. Costs charged to the Project must be
computed on the basis of actual time spent on the Project, and supported by time and
attendance records describing the work performed on the Project. Overtime costs may
be allowed under the Recipient's established policy, provided that the regular work time
was devoted to the same Project. Salaries and wages claimed for employees working on
allocation-funded Projects must not exceed the Recipient's established rates for similar
positions or rates per industry standards. Alternative methodologies for established
wage rates must be pre-approved by the Board.
d) Consultant Services. The costs of consultant services necessary for the Project are
eligible for payment from the Funding Allocation. The Recipient must pay consultants
according to the Recipient's customary or established method and rate. No consultant
fee may be paid to the Recipient's own employees.
3) Cost Activities.
a) Construction activities. The cost of all necessary construction activities, from site
preparation (including demolition, survey, excavation and other site work) to the
completion of a structure is eligible for payment from the Funding Allocation.
b) Fixtures, Furniture and Equipment. The cost of Fixtures, Furniture and Equipment
necessary to operate the facility are eligible for payment from the Funding Allocation if
approved in the Grant Agreement or the Interlocal Agreement, as the case may be, and a
detailed list of eligible items is submitted in writing and approved by the County
Manager prior to its purchase (See Article III, Section 1 (c)). Costs for consumable
goods shall not be considered eligible for payment from the Funding Allocation. Also,
refer to Article I, Section 4 for a detailed definition of Fixtures, Furniture and
Equipment.
c) Interpretive Signs and Aids. The cost of signs, display boards or other interpretive aids
relating to the Project are eligible for payment from the Funding Allocation.
d) Signage. During the time period of Development, the County shall post a sign in a
prominent location at the Project site in the general design provided by the County
depicting the Building Better Communities General Obligation Bond logo and
identifying the source of funding for the Project. The cost of such a sign is eligible for
payment from the Funding Allocation.
Recipients are encouraged to use value-engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions.
4) The following is a nonexclusive list of costs ineligible for payment from the Funding
Allocation:
a) Funding Application costs.
b) Ceremonial expenses.
c) Expenses for publicity.
Building Better Communities Administrative Rules
16 of 22
d) Bonus payments unless specifically authorized by the Board.
e) Charges in excess of the lowest responsive and responsible bid or proposal in accordance
with the governing rules and procedures of the Recipient, when the law requires the
Recipient to utilize competitive selection. In the event a selection process is used, other
than a low bid process any cost in excess of the cost of the highest ranked firm shall be
considered ineligible.
f) Charges for deficits or overdrafts.
g) Charges incurred contrary to the policies and practices of the Recipient.
h) Interest expense (May be reimbursed at the discretion of the Board if incurred during the
construction period and is attributable only to the construction period).
i) Litigation expenses or judgments.
j) The cost of services, material or equipment obtained under any other program.
k) Costs of discounts not taken.
1) The cost of purchasing a non-refundable option when acquiring land.
F) Budget Changes.
1) Recipients shall adjust their Project budgets to reflect actual costs and updated cost estimates
and shall submit adjusted Project budgets to the County Manager as soon as the recipient is
aware of a material budget change.
2) Budget adjustments may not exceed the 17% Soft Cost limitation for design, planning, and
program administration, nor exceed the Project Funding Allocation without approval of the
Board.
3) Recipients shall obtain the prior written approval of the Board whenever budget adjustments
are anticipated as outlined in a, b, and c below. The request must be in the same budget
format the Recipient used in the Grant Agreement or Interlocal Agreement, as the case may
be, and shall be accompanied by a narrative justification for the proposed revision. Such
request for adjustment shall, if approved, amend the Grant Agreement or Interlocal
Agreement, as the case may be. Requests for budget changes shall be considered whenever
any of the following adjustments are required:
a) For any Project involving both Acquisition and Development activities, any proposed
budget transfers from Development to Acquisition.
b) Any proposed reduction or revision of the scope or objectives of the Project (regardless
of whether there is an associated budget adjustment) that substantially changes the original
intent of a project.
Building Better Communities Administrative Rules
170f22
c) Any change that would increase Soft Costs for planning, design, and project
administration which exceeds the limit specified in Article III Section 3 (c)(l).
In the event that a Recipient has completed the approved scope of work for a Project and has
unexpended funds, the Recipient may submit a request to the County Manager's Office to expend
these funds in an existing or new budget line item for the Project. The County Manager is
authorized to approve such budget changes and expenses not to exceed 15% of the total budget.
G) Cost Overruns. During the execution of work on a Project, the Recipient may find that actual
Project costs exceed the approved budget. For cost overruns that will require additional funding for
the Project, or otherwise require a budget adjustment for which prior Board approval is required
pursuant to paragraph E above, the Recipient shall:
1) Provide a justification for the additional costs;
2) Identify available funds for the completion of the Project; and, if necessary
3) Request from the Board a change or revision in the Project scope consistent with the
terms of the Ordinance.
The Board, at its discretion, may authorize in writing a change or revision in the scope of the
Project: (i) where change or revision of the scope is consistent with the Ordinance; and (ii) where
the change or revision is justified by the Recipient; and (iii) where the Recipient does not have
sufficient funds to complete the Project with the available funds. Under those circumstances, the
Board, in its sole discretion, may identify other funds available under the Ordinance for the Project.
SECTION 2. COMPLIANCE RESPONSIBILITIES
The following constitute general requirements for program compliance:
A) An annual independent audit of the Building Better Communities General Obligation Bond
funds must be submitted by all Recipients to the County Manager's Office no later than six
months after the close of the Recipient's fiscal year for which a Funding Allocation was
received and each year thereafter until Project completion. The audit report must include the
Fund Summary Status Report, Exhibit J. The audit must be performed by certified independent
auditors and include the following:
1) Test for compliance with the Grant Agreement or Interlocal Agreement, as the case may be,
Miami-Dade County Ordinance No. 05-47, applicable resolutions and the Building Better
Communities General Obligation Bond Administrative Rules.
2) Test to verify compliance with advance requirements.
3) Sufficient tests, as determined by the independent auditor to verify true and accurate
reflection of Project expenditures.
4) Tests to verify expenditure of required match dollars.
5) Verification of the Fund Summary Status Report.
Building Better Communities Administrative Rules
180f22
B) Land and facilities acquired, developed, improved or rehabilitated by Funding Allocation shall
be dedicated and maintained in perpetuity for the use and benefit of the general public except
where leases are in effect. Any land, facilities, or equipment acquired with Building Better
Communities General Obligation Bond funds may not be sold or transferred without the written
consent of the County and may require an equitable reimbursement of bond funding based on
residual value. All projects shall be open to the public at reasonable times and shall be managed
in a safe and attractive manner appropriate for public use.
C) Funding Allocation for the purposes of development, improvement, rehabilitation or restoration
shall be expended for these purposes only on lands owned by a Recipient or on lands for which
the Recipient holds a lease or other use agreement. Such lease or other use agreement must be
for an unexpired minimum term of 25 years. The Funding Allocation Recipient may
demonstrate the eligibility of the Project to the reasonable satisfaction of the Board, through a
joint ownership, use, franchise or other agreement, evidencing that the lands and/or the Project
will be utilized for the public benefit, consistent with the terms of this Ordinance, for a term of
at least 25 years in duration. The lease must not be revocable at will.
D) Recipient shall maintain all financial and programmatic records, supporting documents and
other records pertinent to the Funding Allocation for a period of three years from the starting
date defined below. If any litigation, claim, negotiation, audit or other action involving the
records has been started before the expiration of the three year period, the records must be
retained until completion of the action and resolution of all issues which arise from it, or until
the end ofthe regular three year period, whichever is later. When Funding Allocation support is
continued or renewed at annual or other intervals, the retention period for the records of each
funding period starts on the day the Recipient submits to the County its single or last
expenditure report for that period. In all other cases, the retention period starts on the day the
Recipient submits its final expenditure report.
E) The Board and the County, or any of their authorized representatives, shall have the right of
access to any pertinent books, documents, papers or other records of the Recipient in order to
make audits, examinations, excerpts and transcripts.
Office of the Miami-Dade County Inspector General (IG) (MDC Code Section 2-1076) shall
have the authority and power to review past, present and proposed County programs, accounts,
records, contracts and transactions. The IG shall have the power to subpoena witnesses,
administer oaths and require the production of records. Upon ten (10) days written notice to the
Recipient from IG, the Recipient shall make all requested records and documents available to
the IG for inspection and copying. The IG shall have the power to report and/or recommend to
the Board whether a particular project, program, contract or transaction is or was necessary and,
if deemed necessary, whether the method used for implementing the project or program is or
was efficient both financially and operationally. Monitoring of an existing project or program
may include reporting whether the project is on time, within budget and in conformity with
plans, specifications, and applicable law. The IG shall have the power to analyze the need for,
and reasonableness of, proposed change orders.
The IG may, on a random basis, perform audits on all County contracts throughout the duration
of said contract (hereinafter "random audits"). This random audit is separate and distinct from
any other audit by the County. To pay for the functions of the Office of the Inspector General,
Building Better Communities Administrative Rules
190f22
any and all payments to be made to the Recipient Ullder the Grant Agreement will be assessed
one quarter of one percent of the total amount of the payment, to be deducted from each
progress payment as the same becomes due unless, as stated in the Code or the Grant
Agreement, the Project is federally or state funded and federal or state law or regulations
preclude such a charge. The Recipient shall in stating its agreed prices be mindful of this
assessment.
The IG shall have the power to retain and coordinate the services of an independent private
sector inspector general (IPSIG) who may be engaged to perform said random audits, as well as
audit, investigate, monitor, oversee, inspect, and review the operations, activities and
performance and procurement process including, but not limited to, project design,
establishment of bid specifications, bid submittals, activities of the contractor, its officers,
agents and employees, lobbyists, County staff and elected officials in order to ensure
compliance with contract specifications and detect corruption and fraud.
F) If a Recipient materially fails to comply with any term of an award, the Board or the County
Manager may take one or more of the following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Recipient's Project;
4) Withhold further Funding Allocation awards from the Recipient; or
5) Take other remedies that may be legally available.
G) Any of the enforcement actions listed in paragraph F above, taken by the County Manager,
which are contested and unresolved between the Recipient and the County within thirty days of
such action, will result in the Board providing the Recipient with an opportunity to be heard on
the issue. Said hearing will occur within sixty days of the Board receiving the Recipient's
written request. Staff will recommend appropriate action to the Board.
H) Costs to Recipient resulting from obligations incurred by the Recipient during a suspension or
after termination of an award are not eligible for reimbursement unless the County Manager
expressly authorizes them in the notice of suspension or termination or subsequently authorizes
reimbursement in writing. Other costs incurred by the Recipient during suspension or after
termination which are necessary and not reasonably avoidable are eligible for reimbursement if:
1) The costs result from obligations which were properly incurred by the Recipient before the
effective date of suspension or termination, were not in anticipation of it, and in the case of a
termination, are non-cancelable; and
2) The costs would be eligible for reimbursement if the award was not suspended or if the
award expired normally at the end of the funding period in which the termination takes
effect.
I) Inspections. Staff of the Board or the County, or both, shall periodically inspect each Project to
Building Better Communities Administrative Rules
20 of 22
ensure compliance with these rules, the Ordinance, and the Grant Agreement or Interlocal
Agreement, as the case may be. Staff shall perform an inspection of the Project site to ensure
compliance prior to release of the final Funding Allocation payment.
SECTION 3. REPORTS
Recipients are required to submit the Project Status Report no later than monthly (Exhibit E), in the
format stipulated by the County Manager. Additional reports that shall be due upon request of the
County Manager may include, but are not limited to:
A) Actual accomplishments of each Funding Allocation;
B) Problems encountered in implementation of each Funding Allocation; and
C) Anticipated start and/or completion dates of each Funding Allocation.
Recipient may be required to meet with the Board to discuss the Project.
SECTION 4. PROJECT CLOSE-OUT
A) A Recipient has up to forty-five (45) days after the expiration or termination of the Funding
Allocation to submit all final documentation including final reimbursement requests and project
completion certificates.
B) The close-out of a Funding Allocation does not affect:
1) The County's right to disallow costs and recover funds on the basis of a later audit or review;
2) The Recipient's obligation to return any funds due as a result oflater refunds, corrections or
other transactions;
3) Records retention responsibilities set forth above;
4) Continuing responsibilities set forth in the Ordinance and these rules; and
5) Audit rights set forth in these rules.
C) Any amounts paid to Recipient in excess of the amount to which the Recipient is finally
determined to be entitled under the terms of the Grant Agreement or Interlocal Agreement, as
the case may be, constitute a debt to the County. If not paid within a reasonable period after
demand, the County may reduce the debt by:
1) Making an administrative offset against other requests for reimbursement;
2) Withholding payments otherwise due to the Recipient; or
3) Taking other action provided by law.
Any overdue debt of the Recipient shall accrue interest at the maximum rate allowed by law.
SECTION 5. INTERPRETATION; ADMINISTRATION
These administrative rules have been promulgated under the Ordinance. In the event of a conflict
Building Better Communities Administrative Rules
210f22
between these rules and the provisions of the Ordinance, the Ordinance shall prevail.
The County Manager shall be authorized to interpret the provisions of these administrative rules and
their interpretation of any matters governed hereby shall be final and may only be overturned by a
majority vote of the Board. The County Manager shall submit recommendations amending these
administrative rules to the Board, which may approve or reject such recommendations by majority
vote.
The County Manager shall be authorized and required to administer the Building Better
Communities General Obligation Bond Program consistent with the Ordinance and these
administrative rules.
Building Better Communities Administrative Rules
22 of 22
10/15/2007
Aventura Arts & Cultural Center
~('.A;-LllJ J '0 -, g' ,. 0 7
uJf)rP~
,~ tfz.
, "
, "
, "
, "
Source of Funds I!! Total
County GOB
Land Sale
General Fund
Park Developmnet Fund
Program 8ud~t 1 Size '::i ! Total
Construction
Landscaping{Signage
FFE/Voice Data
Art in Public Places
Architectural Fees
Basic Services
Supplemental Services
Expenses
$4,550,000
196,000
399,061
68,250
$100,900
17,000 .
P',?99 .
33,Oq(),
10,009 .
6~JOOO. u .
. . -.
"
10/15/2007
Northeast Library Branch
Program Bud~t Size : ::~: I Total
Construction
Landscapi ng/Signage
Art in Public Places
Demolition
Architectural Fees
Basic Services
Geotechnical Eng
Cost Estimating
Survey
Predesign
Expenses
Subtotal
Contingency
26,000 .$#$()
$9,880,000
246,900
187,500
443,732 ,
9.50%.
$979,868
14,500
27,500
10,000 .
55,000
30,000
.8
625,000
5.0%
Totat Budg~t
p . . -
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AICP\,
Planning DirectorL
TO: City Commission
DATE: October 5, 2007
SUBJECT: Proposed Amendment to Section 31-144(e) of the Land Development
Regulations to add display showrooms as a conditional use in the OP, Office
Park District
Staff has received an application from G & D Aventura, LLC, to add display showrooms as
a conditional use in the Office Park zoning district.
The Office Park zoning district is intended to provide for high-quality, semi-professional
and professional offices in a campus setting reflecting creative design and environmentally
compatible use of space and perimeter buffer areas. Permitted uses include business and
professional offices, dental and medical offices, banks, restaurants, hotels and accessory
uses. Conditional uses include business-related schools, pharmacies, marine industry
uses, automobile parking garages and all uses in the Community Facilities District.
Prohibited uses in this zone are residential uses, adult entertainment, retail and non-
marine industrial uses.
The applicant is proposing a furniture display showroom in a ground level space in its
office building. Samples of furniture will be displayed, with no sales from the unit and no
inventory on site. The space will include an office area.
The City Code defines conditional uses as uses that are generally compatible with other
land uses permitted in a zoning district, but, because of their unique characteristics or
potential impacts on the surrounding neighborhood and the City as a whole, require
individual review as to their location, design, configuration and lor operation for the
particular use at a particular location, as well as the imposition of individualized conditions
in order to ensure that the use is compatible with the surrounding neighborhoods and
appropriate at a particular location. Conditional uses may be approved by the City
Commission at a public hearing if they meet the standards of review set out in Section 31-
73 of the Code.
,+'. ,'-,
The proposed amendment to the Office Park zoning district is shown below in dark
underline.
"ARTICLE VII. USE REGULATIONS
Section 31-144(e), "Office Park (OP) District" of the Land Development Regulations is
hereby amended as follows:
(e) Office Park (OP) District.
(2) Conditional uses: The following uses if first approved as a conditional use:
h. Display Showroom, subiect to all of the followinQ conditions:
1. Showrooms shall be established only in coniunction with a professional or
business office located within the same unit; and
2. Showrooms shall be located only on the Qround floor of a buildinQ; and
3. Only samples related to the professional or business office use shall be
displayed in the showroom; and
4. The samples displayed in the showroom shall not be sold to end users; and
5. Inventory shall not be stored in the showroom; and
6. Samples delivered to the showroom shall be utilized for display purposes
only, and
7. Samples shall not be delivered to or from the showroom for use by end users;
and
8. Samples delivered to the showroom for display purposes shall only be
delivered to the showroom within normal business hours of the office
buildinQ in which the showroom is located.
The proposed conditions will prohibit retail sales from the showroom but allow a business
office to display its design samples to clients.
If the City Commission desires to move forward with these amendments to the parking
code, staff will prepare an ordinance for consideration at the January, 2008 City
Commission meeting.
2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
BY:
Eric M. Soroka, IC
City Manager
Joanne Carr, AIC[ Ie
Planning Director''--..j1
FROM:
DATE:
October 4, 2007
SUBJECT:
Proposed Amendment to Section 31-171(a)(6) to permit mechanical parking
lifts as required parking spaces
Staff has received an application from Cabi Aventura Hotel LLLP to permit automated
parking through the use of parking lifts, robotic and mechanical parking systems to be
counted towards parking required by City Code.
Section 31-171(a)(6)d., the section of the City Code regulating off-street parking, loading
and driveway standards currently provides that every off-street parking space required by
our Code shall be accessible without driving over or through another parking space. This
section, therefore, would not allow automated parking to be counted, since one car would
need to drive over the bottom space to access the top space.
Staff has met with the parking lift manufacturer that the applicant proposes to use for its
development. This manufacturer has provided the attached Operating Instructions and
specifications for its parking lifts, along with reference projects using its lifts. These lifts
are a hydraulic mechanism that lifts a parked vehicle to make space available to park a
vehicle below it in a vertical tandem fashion. Staff has contacted several of the
municipalities on that reference list to determine if there have been any concerns with this
type of parking. Based on experience and comments from those municipalities, staff
recommends that automated parking lifts be permitted to count as required parking spaces
with the conditions listed below, but that other types of mechanical parking including
robotic parking, where the entire parking area is automated by way of a computerized lift
and parking racks, be subject to conditional use approval.
There is one residential development in the City that has used these parking lifts, which
were not allowed to be counted as required parking, but were allowed as additional
parking for the building. The lifts have been in use for over one year and the building
management advises that there have been no concerns with the mechanical operation.
The lifts are operated by their valet service company.
The proposed amendments to the current parking code are shown below in dark
underline.
"ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS
Sec. 31-171. Off-street parking and loading standards.
(a) General. Every building, use or structure, instituted or erected after the
effective date of this chapter shall be provided with off-street parking facilities in
accordance with the provisions of this section for use of occupants, employees, visitors or
patrons. Such off-street parking facilities shall be maintained and continued as an
accessory use as long as the main use is continued.
(6) Size and character OF[ required parking. The following design requirements
shall be observed for off-street parking:
a. Size; parking stalls. Each parking space required and provided pursuant to the
provisions of this article shall be not less than nine feet in width and 18 feet in length,
except as provided in Section 31-171(a)(6)i. ...
d. Accessibility. In all zoning districts, the width of accessory aisles and driveways
shall be substantially in conformance with the standards set for in figure 31-171 (1). Every
space shall be accessible without driving over or through another parking space, except as
provided in Section 31-171(a)(6)i. ...
L Parkinq Lifts. For the purposes of this section, "parkinQ lifts" shall be defined as
an electro-hvdraulic mechanism in a multifamilv residential buildinQ or in a non-residential
buildinQ that lifts a parked passenQer vehicle to make space available to park a passenQer
vehicle below it in a vertical tandem fashion. A parkinQ lift space may be counted as a
parkinQ space required bv Section 31-171(b), and shall not be subiect to the minimum
parkinQ stall size requirements of Section 31-171(a)(6)a.. provided that all of the followinQ
conditions are fulfilled:
1) A traffic queuinQ analvsis shall be submitted bv the owner of the buildinQ for
parkinQ areas usinQ parkinQ lifts. for review and approval bv the City ManaQer. to
ensure efficient processinQ times and queue lenQths. The number of parkinQ
lifts permitted to be counted as required parkinQ spaces shall be determined bv
the approved queuinQ analvsis; and
2) All parkinq lifts shall be located within a fullv enclosed parkinQ Qaraqe and shall
not be visible from exterior view. No outside parkinq lifts shall be permitted; and
3) ParkinQ lifts shall be permitted onlv when operated bv an attendant or a licensed
2
and insured valet parkinQ company on a 24 hour/7-days-a-week basis, to be
confirmed by Restrictive Covenant to be recorded by the owner/applicant prior
to establishment of the use; and
4) No resident. Quest. patron or customer of the buildinQ shall be permitted to
operate the parkinQ lift. A physical barrier shall be placed in the parkinQ area to
prohibit access to the parkinQ lift area by residents, Quest. patrons or customers
of the buildinQ; and
5) All parkinQ lifts shall be maintained and kept in Qood workinQ order; and
6) The parkinQ lift platform must be sealed and of a sufficient width and lenQth to
completely cover the bottom of the vehicle on the platform to prevent drippinQ
liquids or debris onto the vehicle below; and
7) All lifts must be desiQned so that power is required to lift the car, but that no
power is required to lower the car, in order to ensure that the lift can be lowered
and the top vehicle can be accessed in the event of a power outaQe; and
8) All parkinQ lifts must be desiQned to prevent lowerinQ of the lift when a vehicle is
parked below the lift; and
9) CeilinQ heiQhts of any parkinQ level with parkinQ lifts shall be sufficient to
accommodate all types of passenQer vehicles; and
10) Noise and vibration barriers shall be utilized to ensure that surroundinQ walls
decrease sound and vibration emissions outside of the parkinQ QaraQe.
i. No automated parkinQ system, other than the parkinQ lifts defined in Section 31-
171 (a)(6)i., shall be permitted as a required parkinQ space unless first approved as
a conditional use by the City Commission at a public hearinQ followinQ the
procedures in Section 31-73 of the City Code.
If the City Commission desires to move forward with these amendments to the parking
code, staff will prepare an ordinance for consideration at the January, 2008 City
Commission meeting.
3
KI.AV
Autoparksysteme
Hermann-Krum-Str.2 . D-88319 Aitrach
Tel. +49-7565-508-0. Fax +49-75 65-59 24
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OPERATING INSTRUCTIONS
FOR
STACK PARKER G 61
10/97, Edition 1.0.@KLAUS. Aitrach. Germany
Part No. 929.07.270
Realisation: Aerolog, Munich
The G 61 stack parker consists of a parking platform which
can be driven onto horizontally for one vehicle and one
parking space below said parking platform.
Before lowering the parking platform, the parking space
below the platform must be completely emptied.
Drivers who are physically handicapped (e.g. wheel-chair
users) may use the G 61 stack parker to some limited
extent.
GENERAL INSTRUCTIONS
If any unauthorized type of vehicle is parked on
the G 61 stack parker, your operating permit for
the system will be invalidated.
- All safety instructions must be strictly observed.
- Always keep your key safely.
- Never lend your key to unauthorized persons.
- Always make sure that your key is not accessible to
children.
- Only roadworthy vehicles are to be parked on the G 61
stack parker.
Do not deposit any vehicles out of order, parts of
vehicles or any other miscellaneous objects on the
platform nor on the parking space below the platform.
Do not misuse the G 61 stack parker as a car hoist or
as an elevator for people.
,
.
For details on authorized vehicle types,
maximum weights and dimensions, please see
chart on the last page.
For safety reasons the platform is equipped with a
wheelstop for one front wheel. This wheelstop must be
correctly adjusted to your vehicle by an authorized and
instructed person before you use the platform for the first
time.
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If the wheelstop adjustment is not carried out by
an instructed person, your operation permit for
the parking system will be invalidated.
,
Danger of serious damage!
Only drive onto platform with the vehicle type to
which your parking system is adjusted.
.
IN CASE OF MALFUNCTION
Do not carry out any repair works of the stack parker on your
own.
In case of malfunction immediately call:
the caretaker in charge of the parking system
- or the local maintenance service
Telephone No.: _ _ _ _ _ _ _ _ _ _ _ _ _
IN CASE OF EMERGENCY
- Immediately push the red "EMERGENCY-STOP"
button.
- In case of imminent danger or if there is anyone
trapped or injured, call the local emergency services
(Police Dept., Fire Dept., Ambulance etc.)
Telephone Nos.:
- - - - - - - - - - - -
SAFETY REGULATIONS
- Only park your vehicle at walking speed forwards, i.e.
front-first, do not reverse into parking space.
- Keep people and pets away from the platform's area of
movement = danger zone.
- Do not operate/move the platform if there are people,
pets or any miscellaneous objects either on top or
below the platform.
A. WARNING - danger of serious injury!
all. Danger of being crushed between platform and
garage floor/ carriageway!
.... ./
~. {=1'F'"""
~:-_'l_"\ ~
....,. ..~...n"Q! ~..
_.~, ,__,',;"'_'~""_",_;"_" ",;""",>,,_,'_-_.,__,n"~'n<',";,' ~".. ,_ ,..,,'.., :;:';"
,,,..,.' .,......._..."" -",','_,',',_, .....".,."...,.."'..,-.,..:<.,..,.._'!':'S:'".1"........_"'+,..'0'-'-'
- Never allow passengers and pets to get on or off the
vehicle still parked on the platform or on the parking
space below the platform.
- Never load or unload a vehicle parked on the platform
or on the parking space.
- Never do any repair works on a vehicle parked on the
platform or on the parking space.
- If your garage has a door, always take care when
operating it and make sure that nobody (particulary
children) is left in the garage when you close the door.
~
If the stack parker is installed on an outdoor
site, platform and parking space will have to be
kept free of snow and ice.
PARKING/PARKING OUT OF A VEHICLE &
DRIVING AWAY
Before parking a vehicle the first time
Make sure that it is REALLY your parking space in front of
you and that the wheelstop is correctly adjusted to YOUR
vehicle and that the wheelstop is fully tightened.
Before parking generally
- Make sure that the parking space and the platform are
clean and free of obstructions.
- Have passengers and pets get off the vehicle before
you drive onto the stack parker.
- Unload your vehicle before driving onto the stack
parker.
- Check and make sure that neither people nor pets are
in the platform's area of movement = danger zone.
- Ask an adult person to assist you and to monitor the
entire parking procedure.
- Switch on garage lighting if necessary.
- If necessary, remove roof rack/s and non-retractable
antenna/so Retract retractable rod antenna/so Fold
external mirrors back.
fi....i.....o:
~"~f~
- If your vehicle is equipped with adjustable hydraulic
suspension (e.g. Citroen), select the middle setting for
your vehicle.
RAISING AND LOWERING OFTHE PLATFORM
,
.
Before lowering the platform, empty the space
below the platform completely. Make sure that
no objects protrude from the opposite and/or
adjoining parking system.
- Do not move/operate the platform, if there are people,
pets or any miscellaneous objects either below or
directly near the platform.
..
..
.
IUdl
-)'1
... Warning - danger of serious injury!
.. Danger of being crushed between platform and
garage floor/ carriageway!
- In case of emergency push immediately the red
"EMERGENCY-STOP" button. After release of the
pushed "EMERGENCY-STOP" button, the raising/
lowering process may be continued.
- Keep your feet and/or other parts of your body well
away from the platform danger zone.
~-.:c':';\
;"',\ 'J
,e,;..:...".",....,<..,...:.,' .. .';..:.."....,;.\
.',. .' ;1, ,
........~..""._.....,:_,',,,.....,..,.,_,~:i".,.l'i/,'.';
- Insert the key in the operating element.
~
- Turn the key in the required direction as indicated by
the arrow and keep the key in this position. The
platform either ascends or descends. The process will
be interrupted as soon as you release the key.
- Keep the key in the desired position until the platform is
locked in the upper position and/or is lowered
completely.
Never leave the platform in an intermediate
position.
The platform is locked only in the upper=raised
position.
- Remove the key.
~
PARKING A VEHICLE
Danger of serious damage! - Make sure that
the platform is locked in the upper=raised
position and/or is completely lowered.
- For this purpose insert key in the operating element
and keep key in the desired direction.
- Drive forwards = front-first at walking speed either onto
,
.
the platform until the front wheel touches the wheelstop
or into the parking space.
Reverse parking is STRICTLY FORBIDDEN.
, The vehicle must be positioned straight and
. within the platform's outlines (mirrors).
Do not drive over/ across the wheelstop.
Pull the parking brake firmly and engage first gear. If
your vehicle is equipped with automatic transmission:
position the automatic gear-shift lever in "P".
.,"'l'!"'"
~
~
- If your vehicle is equipped with adjustable hydraulic
suspension, fully lower suspension.
- Switch off the engine.
- Remember when getting off your vehicle:
Pay attention to limited headroom.
4. Danger of serious injury!
~ Never reach beyond platform outlines.
PARKING OUT A VEHICLE AND DRIVING AWAY
- Remember limited headroom of the parking space
when getting on the vehicle, step carefully on platform.
A Danger of serious injury!
~ Never reach beyond platform outlines.
- Only let passengers get on the vehicle after having left
the stack parker with your vehicle.
- Do not load your vehicle as long as parked on the
parking system.
- If your vehicle is equipped with adjustable hydraulic
suspension, select middle setting.
- Check the exit area behind you.
- Reverse slowly and carefully off the platform.
MAINTENANCE
- Check monthly whether the front wheelstop is still fully
tightened. check whether front wheelstop has
dislocated.
- Immediately inform the caretaker in charge of the
parking system as soon as you notice any loose parts,
oil stains/leaks, suspicious noises etc. on the parking
system.
- Observe separate General Maintenance Instructions.
If your parking platform has not been used for a period
exceeding six months:
- Raise and lower the platform several times without a
vehicle parked on it and visually check the parking
system.
- Afterwards park your vehicle as usual.
If your stack parker has not been used for a period
exceeding 12 months, we recommend that it is serviced by
the local representative of KLAUS.
Maximum Authorized Dimensions and Weights
Type G 61-170-200
minimum height 3.30 m*
I
Please cross o Upper o Lower
appropriate platform platform platform
1---
Standard passenger Standard Standard
vehicle/ standard station passenger passenger
wagon vehicle vehicle
Standard station wagon Standard Standard
station station
wagon wagon
Max. vehicle length 5.00 m 5.00 m
Max. vehicle height
please insert
Max. vehicle width 1.90 m 1.90 m
Max. vehicle weight 2,000 kg -
Max. wheel load 500 kg -
[KI.AVS)
KLAUS Auto-Parksysteme GmbH
Hermann-Krum-Str. 2
0-88319 Aitrach
Type
Max.
Op. Press.
Max.
Slat Press.
Max. Load per
Parking Space
Number of
Parking Spaces
Drive
Capacity
kW
~
G 61. 170-200
bar
Year of
I Constr.
I Serial
I No.
Type
Approval No.
bar
kg
C(
Noise emission during raising/lowering: 70 dB(A)
* Height is the headroom between finished floor and the lower edge of the ceiling.
Also relevant documents are:
Operating Instructions Plate (Part No. 929.07.290), Adjustment Instructions (Part No. 929.07.330),
General Maintenance Instructions (Part No. 929.06.010) und Servicing Instructions (Part No. 929.07.310).
I hereby confirm that I have been fully instructed in accordance with the regulations as to the safe
operation of G 61 stack parker.
I also confirm that I have read and fully understood the above operating instructions.
Date/ signature
Official Vehicle Registration No.:
Type of Vehicle:
I Parking Space NO~:
II
GENERAL NOTES:
STACK PARKER MODEL G61
Vertical Clearance Required:
o 10' -6" two cars
o 11' -6" car above + suv below
o 12' -6" car above + large suv below
o 13'-6 two suv's
. Valet Parking Preferred
. Shared Parking Allowed within same unit owner
. Equipment Weight 2,000 pounds perlift
. Equipment Load Capacity 5,000 pounds per platform
. (1) Power Pack per (12) Lifts Average
. Each Power Pack req's 1-(3) Phase (208) Volts and (30) amp's Disconnect
. Floor Load Capacity 100 pounds per square foot for Elevated Slabs
. Slab on Grade 6 inch depth
. Embedment Plates 10" x 10" x yz" thick for PT Slabs, 4 per lift
. Fabrication (3) months, Aitrach Germany
. Loading (12) Lifts per (20' Open Top Container)
. Shipping/US Customs (1) month
. Installation (1) week per container
. Permits Electrical/Mechanical/Structural
. City of Miami Class II Special Permit per ordinance 917.14
. Fire Sprinkler Upper and Lower vehicles, side wall 16' throw
. Warranty 1 year parts and labor from time of building TCO
. Cost $8,500 per lift TURNKEY (2008 delivery)
IKIAV.lIAuto-Parksysteme GmbH Stack Parker Series G 61 (Horizontal)
Hermslln-i<rum-Str. 2 [)-88319 Ailr ach ( (' EB (Single Platform) = 2 vellicles
Tel.O 7565/508-0 Fax 0 75 65/508-88
httpl/www,klaus-autopark.de e-rnall: into@ klaus-autopark.de (ONfOllMITY
Basement
garage
r28 ti.~
1'6"
n
for dividing walls
cutting through 10 xl 0 (tor ducts
for cables, pipes etc,) of dividing wail
r
L
/
Free space /
___J
\
\
\
Space requirements are mini-
mum finished dimensions in Inch
PLEASE NOTE: Before lowering
the platform the lower vehicle
must be removed.
t- 17'1" (for vehicle up to 16Y long)
---------------.;:179-'~(fOr-vehiCie-up to m-~iong)>
2'8
1'8'
t
2'
t-=-i
Garage with door
in front of the
car parking system
[
Space requirements are rnini-
mum finished dimensions in Inch
for dividing walls
cutting through 10 x 1 0 ~
(for ducts for cables. pipes
etc I of dividing wail
PLEASE NOTE: Before
lowering the platform the
lower vehicle must be
removed.
;::
"
t---
~
177" (for vehicle up to 165.. long)
<18.3" (tor vehicle up to 171" long)>
Free space
00
N
I
(0
~
Free space
for door
00
N
I
I
o
((1
Type H DH Suitable for Maximum vehicle dimensions
G 61-160 10'6" 5'3" upper: standard passellgel cars & station wagons, ll1ax. veh. height 4.11" l,ength 165" <17'1">
lower: standard passenger cars & station wagons, rnax. veh. heigl1t 4'11' Height see "S uitabie for'
G 61-170 10'10" 5'7" upper: standard passenger cars & station wagons, Illax. veil. height 4'11.. Width 6'3"
lowel: standard passenger cars & station wagons, illax veh. 11elght 5'3" Weight 2.000 kg
G 61-180 5'11 " upper: standard passenger cars & station wagons. max. veh. height 4.11" Wheel load 500 kg
11'2" lower: standard passenger cars & station wagons, rnax. veil height 5.8..
G 61-190 11'6" 6'3" upper: standard passenger cars & station wagons, illax. veh. heigllt 4'1 r.
lower: standard passenger cars & station wagons, Illax. veh. height 6'
G 61-200 11 '10" 6'7" upper: standard passenger cars & station wagons. rnax. veh. l1elgI114'11"
lower: standard passenger cars & station wagons, rnax. veil. height 6T
G 61-210 12'2" 6'11" upper: standard passenger cars & station wagons, rnax. veil. height 4'1 r.
lower: standard passenger cars & statioll wagons, max. veil. height 6"/"
If dilnenslon Ilelght "H" is increased by customer, correspondingly higher vehicles may be pcl'ked on the upper platlorm(s).
Widths - Basement Garage
Series G 61 (Horizontal)
All space requirements are minimum t!niSrled dimensions in em
Single Platform (EB)
Twin Unit (2 x EB)
Triple Unit (3 x EB)
Dividing
Walls
Fl
~
G~j
~~
EB I EB I EB
j.-
' ,,~ ct)
E"7
EB I EB I
n nbT
_.,--~----~21~
~~~~~
Internal
Columns
i::... ,xc
-EL~
EB I EB i EB I EB I
1, J.. i J7~
___ __.__ ,.___-L-_ ,.J[:-
I II ~
I B2 I B3 rnn. 8'
t--------11 -
I
EB I EB
I EB I EB I EB I EB I
I ~ I I W
~~~~~
I
+______B2
External EB i EB I EB I EB EB EB EB I EB I EB I EB I EB I EB I
Columns I
----~----l--- ~-~ ~ I I ~
I
~-~f-~~ I B4 +1 Bs~
L--
Usable Dividing Internal External
Platform Width Walls COlumns Columns
B, Be' B3 B" B"
1'1" 8'7" 8'5" 8'3" 8'3" 1'11 "
EB 1'11" 8'11 " 8'9" 8'1" 8'7" 8'3"
8'3" 9'3" 9'1" 8'11" 8'11 " 8'7"
1'7" 17'1" 16'11 " 16'9" 16'9" 16'6"
2 X EB 1'11" 17'9" 11'7" 17'5" 11'5" 17'1"
8'3" 18'5" 18'3" 18'1" 18'1" 11'9"
1'7" 25'8" 25'6" 25'4" 25'4" 25'
3 X EB 7' 11 " 26'7" 26'5" 26'3" 26'3" 26'
8'3" 27'7" 27'5" 21'3" 27'3" 26'11"
c=J Standard width = parking space width 7'7"
PLEASE NOTE:
. End parking spaces are generally more difficult to drive into, Therefore we recommend for end parking spaces
our wider platforms,
. Parking on standard width platforms with larger vehicles may make getting into and out of the vehicle difficult.
This depends on type of vehicle, approach and above allan the individual driver's skill.
Widths - Garage with door in front of the car parking system
All space requlremems me minimum finished dimensions in Inch
Series G 61
(Horizontal)
Single Platform (EB)
Twin Unit (2 x EB)
E]B
G')I ....... ... ......
~~. ..
141 !+-1-
~
EB EB i
,
I
idl P S rlli
'. OF I OF I'
~--1
OF
DF
! C;;:ni,:3.geway in accordance
: Vv:Hl local regul8Iions
Usable OF L S
Platform Width
7'7" 7'10" 5" 10"
EB 7'11 " 8'3" 5" 10"
8'3' 8'3" 6" l'
7'7" 157" 9" 1 '6"
2x EB 7'11 " 16'6" 8" 1'4"
8'3" 17'1' 8" 1 '4"
OF = door entrance width
Door dimensions require coordination
with door supplier.
I Approach
14 %
These illustrated maximum approach angles
must NOT be exceeded. Incorrect approach
angles will cause SERIOUS MANEOUVRING
& POSITIONING PROBLEMS on the parking
system for which the local agency of Klaus
accepts no resporlsibility,
Load plan
forces in kN
dimensions in inch
I
1 1
I 171~;~-6-j
G -~
l Jnits ArA hO\tArl to thA floor nrillinn riAnth ;mnrox flU
Installation Data
Garage ventilation, drainage, heating, electrical wiring
Series G 61 (Horizontal)
Free space for longitudinal and vertical ducts (e.g. ventilation)
dimenSions in inch I
B +5 . B +2}) B~ ~.:?,S
t-;;:-~~'~-:0~;-~~-~-~-;-.;~~"~~
0b jf- I. ~- It
Si I ~l
' I ~
-'~-=-11 I ..,
~ I 'I' I
.r--- . -t-- ...
B, = dlmellSlol. 101 diViding walls
(see Illslde page)
Approach IEwel
Free space for vertical pipelines,
ventilation branch canals
~..
CJ
Free space for horizoiilai
ductlng
T
~I~ ~ll ~
~-- ,/
EB IlllB
~r
Example fur ventilation
branch canal and/or
vertical pipelines
EB
t~
I
B?
Free space only applicable If vehicle is
pwked forwards = with FRONT FIRST
and driver's door on the left side.
( )~dlr11fmsions illustrate an example lor
u"ilble pliltforrn Width 77"
( 1611")
Electrical Data
dimensions in inch
Generally to be effected by customer:
. electrical wiring 5 x 2.5 mm2 per unit
. delayed-action mains fuse 3 x 16 A
per unit
. "EMERGENCY-OFF"/main power
supply switch, lockable, per unit
Cable conduits and recesses for operating
element
exposed
concealed
3'8" above .
carnage'~[1
way level I
57 0
..J
rVVl
I 0 i
Lv~J
t-=-~='~
fBl
(Di~.1 B
+-j-I
('') ivv~
~1
o 4' above
I B ~ carriage~
way level
1- i-I
t-=t=t
Electrical wiring:
Electrical wiring is carried out by the
customer or by the local agency of Klaus
in accordance with our circuit diagram/s.
(Please see the respective quotation at
hand)
Armoured conduitPG 16
Arrnoured conduit (fiexible)PG16
Technical Data as
of issue 06/98:
Units
I~ow~noise power ullits mounted to
rubtler-bonded-to-metal mountings
are Installed. Nevertheless we
recommend to build the parking
system's garage separa'.e1y from
tile d\.velling house
The following documents can be supplied upon request:
recess plans
sheer on airborne and solid-borne sound
Safety railings
Any safety railings which become necessary due 10 the
installation of the system at access points, walkways,
traffic lanes etc. will [lave to be provided/paid for by
customer.
We reserve the right to change this
specification without further notice.
Stamp
REFERENCE PROJECTS USING KLAUS PARKING LIFTS
City of Miami
. "Latitude on the River", Condominiums, EA Fish, Suffolk, Arquitectonica, (101) 2015
lifts. (Completed)
. "Latitude One", Office, EA Fish, Suffolk, Arquitectonica, (81) KLAUS model 2015's,
(Completed)
. "Grove Club" Condominiums, Deep Stream Development, Borroto and Associates
Architects, (12) Klaus G61 lifts (8) Klaus 2015. (Completed)
. "Shamrock at the Gables", Condominiums, Branko Vuckovich, (14) Klaus G61 and
(25) Klaus 2015 lifts (Completed)
. "Ten Museum", Condominiums, Greg Covin, Chad Oppenheim, (134) Klaus G61 lifts.
. "2915 Biscayne" Office Building, (6) KLAUS G61 Lifts.
(Completed)
. "3333 Rice", Condominium, Rafael Gutierrez, (9) KLAUS G61 Lifts. (Completed)
. "IOS on the Bay'" Condominium, Pedro Bravo Architects, (20) KLAUS G61 Lifts.
Sunny Isles Beach
. "AcQualina" Condominiums, Robert Swedroe Architects, Jules Trump, Pavarini
Construction, (106) Klaus G611ifts (2) Klaus 2015 lifts. (Completed)
. "Le Meridien" , hotel-condo, Kobi Karp Architects, Fortune International Realty, Pavarini
Construction, (50) Klaus 2015 lifts. (Completed)
. "Sayan" Condominiums, Sieger Suarez Architects, Joe Milton, (42) Klaus G61 lifts.
. "Turnberrv Ocean Colony PH 1" Condominiums, Arch Tec, Jose Tunon, Turnberry
Associates, Greg Warren, Robert Swedroe Architects, (49) Klaus G61 lifts.
(Completed)
. "Turnberrv Ocean Colony PH 2" Condominiums, Arch Tec, Jose Tunon, Turnberry
Associates, Greg Warren, Robert Swedroe Architects, (46) Klaus G61 lifts.
. "Jade Beach", Condominiums, Fortune International Realty, (8) G61 Lifts.
. "Da Vinci", Condominiums, Kobi Karp, (62) KLAUS G61 Lifts.
Surf Side/Bal Harbor
. "Spiaaaia" , Condominiums, Kobi Karp AiA, (20) G61 + (40) 2015 + (5) 3015 Klaus lifts.
(Completed)
. "Beach House" Condominiums, Jerry Gascovich, Jorge Brugo. (84) G61 KLAUS lifts.
. "St. Reais Bal Harbour", Hotel-Condo, Sieger Suarez, Related Group, KLAUS G61
Lifts.
1
REFERENCE PROJECTS USING KLAUS PARKING LIFTS
Aventura
. "Bella Mare", Condominiums, Robert Swedroe Architects, Coastal Construction, (43)
Klaus G61 lifts. (Completed)
. "Hochstein Kane", Medical Office Building, Kobi Karp, ITASCA Construction Company
(119) KLAUS G61 Lifts
Fort Lauderdale
. "Pelican Beach Resort" Hotel, George White and Associates Architects, Parlin
Construction (70) Klaus G61 lifts. (Completed)
. "Proaresso Lofts" Condominiums, Rene Lepine, (22) Klaus 2062 in-ground lifts.
. "W" Hotel, Adache Group AiA, (40) G61 lifts.
. "Luna East" Condominiums, Lauris Boulanger Construction, (27) G61 Lifts.
(Completed)
. "Coconut Grove" Condominiums, Ron Mastriana, Jim Trunzo AiA, James A Cummings
Construction (39) G61 lifts. 2007
. "Trump Las Olas" Condominiums, Oscar Garcia AiA, (39) KLAUS G61 Lifts.
. "Trump International", Hotel-Condo, Oscar Garcia AiA, Stiles Construction (180)
KLAUS G61 Lifts.
Coral Gables
. "900 Ponce", Office, George Diaz, MED of Miami Contractors, (40) Klaus G61 lifts
. "CEC South", Custom Mag Wheel Shop (2) Klaus G61 lifts.
. "Allstate Insurance Office", Ignacio Borbolla (3) Klaus G61 lifts. (Completed)
. "Ponce Towers" Condominiums, Juan Carlos Menedez, Corwill AiA, (106) Klaus G61
Lifts.
. "247 Malaaa", Condominiums, JC Menedez, Thorn Grafton AlA, (21) G61 lifts.
West Palm Beach/Boca Raton
. "The Harrick", Hotel-Condo, Spina Architects, (24) KLAUS 3015 Lifts
. "Amrit", Hotel-Condo, Sumant Kachru Developer, (156) KLAUS G61 Lifts.
. "Luxuria" , Condominium, Trump of Williams Island, Derek Vander Ploeg Architects, (12)
KLAUS G61 Lifts.
2
REFERENCE PROJECTS USING KLAUS PARKING LIFTS
Columbus Ohio
. "Lofts @ 106", Condo's by John Barnes Architects, Ruscilli Construction, (50) Spaces
using the KLAUS model #2062 lift. (Completed)
. "Carlvles Watch", Condo's by Tim Welsh Architects, Ruscilli Construction, (55) Spaces
using the KLAUS model #P310 parking system. (Completed)
. "8 on the Sauare", Condo's by Glavan Architects, Ruscilli Construction, (46) Spaces
using the KLAUS model #P310 parking system.
Boston Massachusetts
. "The Metropolitan", Condo's, by The Architectural Team, Suffolk Construction, (64)
KLAUS lifts model #G61. (Completed)
. "Boston Bodv Works", Commercial, Pat Cibotti owner, (10) KLAUS lifts model # G61.
(Completed)
. "Battery Wharf", Condo's by The Architectural Team, Skanska Construction, (187)
KLAUS lifts model #G61.
. "Pier One", Condo's by Addinc Architects, Skanska Construction (200) KLAUS lifts
model #G61.
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, IC
City Manager
,
Joanne Carr, AlcP C
Planning Director~' /
BY:
DATE:
September 28, 2007
SUBJECT:
Transit Impact Fee Study
One of the recommendations in the 2005 Evaluation and Appraisal Report (EAR) for
our City's Comprehensive Plan is that the City develop impact fees and other
methods by which developers can mitigate impacts to our transportation system by
contributing funds for alternative modes of transportation, particularly the expansion,
operation and maintenance of our Aventura Express bus service. (Policy 1.2,
Objective 1, Transportation Element, 2005 EAR based amendments approved
January 9,2007)
Since approval of the EAR based amendments, City staff has been working with Dr.
James Nicholas, the consultant selected to prepare a Transit Impact Fee Study to
satisfy the new comprehensive plan policy. Dr. Nicholas has extensive experience
with impact fees and impact fee studies. The draft study entitled "A Program of
Transportation Mitigation" and Dr. Nicholas' resume are attached.
The impact fee study finds that the City of Aventura can accommodate the mobility
needs of new development by the expansion of the Aventura Express with the
payment of a transportation mitigation fee and recommends a table of fees according
to type of use.
Dr. Nicholas will be making a presentation on the impact fee study.
A Program of Transportation
Mitigation
Prepared for the
City of Aventura
By
James C. Nicholas, PhD
August 15, 2007
Executive Summary
The City of Aventura wishes to consider an option to support the Transportation
Concurrency Exception Area (TCEA), which is part of the Aventura Comprehensive
Plan. The City of Aventura is largely built-out with few if any opportunities to construct
new roads or to expand existing roads. While the opportunities to construct expanded
roadways is limited, there is a continuing need for additional mobility within Aventura to
meet the needs of residential and business developments in this City.
The City of Aventura has developed and provides a system on transit known as the
Aventura Express. This is a system of bus routes that is provided to residents and non-
residents alike without charge. The objective of the Aventura Express is to provide
mobility by means of busses and thus avoid the need to expand roadways or to suffer
increased traffic congestion in the absence of such expansion.
Florida law requires that new developments achieve and maintain adequate levels of
transportation service as a prerequisite to development. This is commonly referred to
as "transportation concurrency." When this law was passed it was recognized that
such a policy would not be sensible in all situations. Aventura is one of those situations.
Accordingly, the entirety of the City of Aventura has been designated a TCEA.
The law requires local governments with TCEAs to develop means to support the
TCEAs that will promote public transit. The net effect is to allow developers to
contribute to public transit when achieving transportation concurrency by traditional
means is not possible or is impractical. Such a program is presented herein.
This report finds that the City of Aventura can accommodate the mobility needs of new
developments by the expansion of the Aventura Express with the payment of a
transportation mitigation fee. The amounts of the fees for various land uses are:
CIRCULATOR MITIGATION PER UNIT
CITY OF AVENTURA
Land Use and Unit Persons Cost per Unit
per Unit
Residence per Dwellina 0.972 $1,320.70
Office per 1 ,000 FT2 1.557 $2,115.94
Retail per 1,000 FP 2.203 $2,993.95
Industrial per 1,000 FT2 1.324 $1,799.30
Institutional & Other oer 1,000 FP 2.396 $3,255.14
These mitigation fees represent a proportionate share of the City's costs to extend
additional mobility to new development by means of the Aventura Express.
Transportation Mitigation
August 15, 2007
Page 1
Therefore it is recommended that the City of Aventura move ahead to adopt the
calculated Circulator Mitigating Fees, the objective of which is to support mass transit
within the City of Aventura and thus support the City's policy of transportation
concurrency exception.
Transportation Mitigation
August 15, 2007
Page 2
A. The Need for Movement
Progress requires the ability to move people and goods through economic space.
Within a 21st Century United States, the accommodation of additional movement
commonly involves providing infrastructure for additional vehicular traffic. The fact that
this is a common means of accommodating the need for movement does not mean that
it is the only means or that it is necessarily the best means.
Adam Smith pointed out that the wealth of nations would result from the unrestrained
interplay of the forces of supply and demand.1 He built upon the pioneering work of a
school of philosophers known as the French Physiocrats.2 The Physiocrats are the
ones that gave the world the maxim:
"laissez faire, laissez aller, laissez passer."
Translated, this means "let do, let go, let pass." Many have chosen to interpret this to
simply mean that government should leave businesses alone to make the products that
they wish. However, the issue of movement is prominent. The broader interpretation is
to allow things - goods, services and people - to move about and to pass (through).
Dr. Smith popularized this in English when he advised that the "division of labour is
limited by the extent of the market.,,3 Smith was focusing here on the great economic
importance of the ability to move goods and people and that the extent of economic
development in limited by the relative ability to move goods and people. Movement of
goods and people is essential to economic prosperity or, as Adam Smith put it, to the
wealth of nations.
In the United States there have been ~reat public investments in all forms of
transportation. The canals of the early 19 h century were followed by rail roads that
opened up the nation. The dominant forms of transportation in the 20th Century have
been highways and air. These investments were funded by all levels of governments;
federal, state and local. The result has been unprecedented economic growth and
prosperity. The nature and form of transportation has changed over time. One would
expect for this to continue in the future.
While the means and technology of transportation has changed, one thing that has not
changed is the critical need for the movement of people and goods. If goods or people
cannot be efficiently moved, prosperity will wane and eventually cease. One of the
roles of planning is to identify a community's need for mobility and to meet those needs
1 Adam Smith, The Wealth of Nations,
2 This school of thought was led by Frant;ois Quesnay, who wrote the Tableau
Economique, in 1759.
3 Wealth of Nations, op cit.
Transportation Mitigation
August 15, 2007
Page 3
in a timely and efficient manner. For much of urban American the need for movement
has served with streets and highways. Increasingly alternative means of providing
movement are being sought and provided. Public transit together with non-vehicular
modes are being proposed as the cost and the consequences of the tradition streets
and highways solutions rise and become unacceptable.
B. The Need for Transportation in Florida
The State of Florida recognizes the integral role that the ability to move goods and
people plays in the economic success of the state and places within the state.
Accordingly, the Legislature enacted "transportation concurrency" into law;
"It is the intent of the Legislature that public facilities and services needed to support
development shall be available concurrent with the impacts of such development. . ..4
There are five public services subject to mandatory concurrency:
· Water and sewer service;
· Solid waste collection and disposal;
. Parks and recreation;
. Public schools;5 and
. Transportation.
These facilities must be adequately provided if development is. to be allowed to
proceed. In many instances the attainment of transportation concurrency is achieved
through the construction or expansion of streets and highways. However, there are
frequent instances where the construction of new or expanded roadways is not possible
or is impractical. The Legislature foresaw such instances:
(5)(a) The Legislature finds that under limited circumstances dealing with transportation
facilities, countervailing planning and public policy goals may come into conflict with the
requirement that adequate public facilities and services be available concurrent with the
impacts of such development. The Legislature further finds that often the unintended
result of the concurrency requirement for transportation facilities is the discouragement of
urban infill development and redevelopment. Such unintended results directly conflict with
the goals and policies of the state comprehensive plan and the intent of this part.
Therefore, exceptions from the concurrency requirement for transportation facilities may
be granted as provided by this subsection.
4 Chapter 163.3177(10)(h), Florida Statutes.
5 Not effective until January 2008.
Transportation Mitigation
August 15, 2007
Page 4
(b) A local government may grant an exception from the concurrency requirement for
transportation facilities if the proposed development is otherwise consistent with the
adopted local government comprehensive plan and is a project that promotes public
transportation or is located within an area designated in the comprehensive plan for:
1. Urban infill development. . .6
Aventura is one of the places where an alternative means of providing movement is
needed. There are few if any economically feasible street and highway options that will
accommodate additional vehicles on Aventura's streets. The City has been designated
a TCEA in 1998. Thus new developments within Aventura are exempt from the
concurrency provisions of the statute? However, the statute established the promotion
of public transportation as a prerequisite for such a concurrency exemption. In
response to this requirement, the City has proposed the following policies to support the
TCEA designation:
Policy 1.8. The City of Aventura shall continue to identify projects to support
and fund mobility, enhance alternative modes of transportation, and ensure
connectivity in its Capital Improvement Program. . ..8
Policy 1.9. The City of Aventura . . . shall evaluate the impact of proposed
development and redevelopment on its transportation system, Strategic Intermodal
System facilities, and the adopted level of service standards of transportation
facilities, and identify strategies to alleviate or mitigate such impacts in coordination
with the developer and other agencies as appropriate.9
Policy 1.11. The City of Aventura shall, by ordinance, include proportionate fair
share mitigation options in its concurrency management program. ... The intent of
these options is to provide for the mitigation of transportation impacts through
mechanisms that might include, but are not limited to, private funds, public funds,
contributions of land, and the contribution of facilities.1o
Policy 1.12. By 2007, or at the earliest feasible date, the City of Aventura will
develop impact fees and other methods by which developers can mitigate impacts to
the transportation system by contributing funds for alternative modes of
6 163.3180, Florida Statutes.
7 While new developments in Aventura are exempted from transportation concurrency, developers are
required to make safety improvements, such as acceleration or deceleration lanes, or intersection
improvements when the staff review of site plans shows that such improvements are need to protect
public health, safety or welfare.
8 City of Aventura, Ordinance No. 2007 - 01, page 20.
9 City of Aventura, Ordinance No. 2007 - 01, page 20.
10 City of Aventura, Ordinance No. 2007 - 01, page 20.
Transportation Mitigation
August 15, 2007
Page 5
transportation, particularly the expansion, operation and maintenance of the
C i rcu lator System. 11
The thrust of these policies is to permit new development to proceed while still
maintaining an appropriate level of transportation service by having developers
mitigating their impacts on traffic circulation within Aventura. This mitigation would be in
the form of contributing toward the Circulator System. The result would be that the
increased demand for mobility resulting from new development or redevelopment within
Aventura would be satisfied by the Circulator System rather than by expansion of
Aventura's streets and highways. Thus, Aventura proposes to support its policy of
transportation concurrency exception, and thus exempting new developments from
transportation concurrency, if those new developments promote public transportation by
payment of the mitigation fee. .
The only means of public transportation known that can constitute an alternative mode
of transportation within Aventura is the Circulator System. Section 163.180(5) provides
a means for Aventura to structure a program of transportation mitigation that will allow
developments to proceed while also advancing the mobility of the community. This
Section provides that:
d) A local government shall establish guidelines in the comprehensive plan for granting
the exceptions ... which must be consistent with and support a comprehensive strategy
adopted in the plan to promote the purpose of the exceptions.
(e) The local government shall adopt into the plan and implement strategies to support
and fund mobility within the designated exception area, including alternative modes of
transportation. The plan amendment shall also demonstrate how strategies will support
the purpose of the exception and how mobility within the designated exception area will be
provided.
The proposed changes to the Aventura Comprehensive Plan, cited above, are the
implementation strategies that are the prerequisite for the granting of transportation
concurrency exceptions. In order to implement these policies it is necessary to develop
and implement a program to support the TCEA. The following section will set out such a
program.
11 City of Aventura, Ordinance No. 2007 - 01, page 21.
Transportation Mitigation
August 15, 2007
Page 6
c. A Transportation Mitigation Program
The objective of an Aventura Transportation Mitigation Program is to support and fund
the City's Circulator System so that the Circulator System can satisfy the need for
enhanced mobile as the City continues to grow.
New residential and non-residential developments within Aventura will contribute to the
need for increased mobility. New residences will bring additional people that will live,
shop, recreate and work in or around the City. Each of these activities will require
mobility. Additionally, new non-residential developments will attract additional
shoppers, employees, customers and recreators to and within Aventura. Both types of
developments will cause a need for enhanced mobility.
A mitigation program will involve the payment of a fee that offsets the costs of
accommodating the mobility impacts of new residential and non-residential
developments with the Circulator System of the City of Aventura. The first step in
developing a mitigation fee is to quantitatively define the Circulator Service. Table 1
provides the first part of this definition. At present the Circulator System is 354,860
passenger seats per year. These seats are provided within 5 routes, running 10 times
per day on weekdays and 13 times on weekends.
Table 1
CIRCULATOR SERVICE
CITY OF AVENTURA
Routes Runs Seats Seats Seats
per Dav per Year
Weekday 5 10 22 1,100 280,500
Weekend 5 13 22 1,430 74,360
TOTAL 1,155 354,860
SOURCE: City of Aventura, February 2007.
The Circulator System serves the residents of and visitors to Aventura. Our convention
is to define a population of a place, such as Aventura, as the number of people who
reside within the borders of that place. This definition is fine for purposes of voting but it
is not acceptable for purposes of defining a population of people served by services
such as police and fire protection, or Aventura's Circulator System. The population
served by the Circulator System is the number of people within Aventura no matter if
they are permanent residents, seasonal residents, employees of businesses or patrons
of those businesses within Aventura. The population served is the functional
population. These people are served by the Circulator even if they don't ride it. They
are served by diverting those that do ride the busses from the streets, thereby creating
capacity for those that prefer driving to bus riding. Additionally, businesses are served
even if the owners of the businesses do not ride the busses because the busses bring
their employees and customers to and from those places of business.
Transportation Mitigation
August 15, 2007
Page 7
The functional population of an area is the number of people than can be expected to
be present at businesses, residences, schools, parks, churches or the myriad of other
places that people go or congregate. The number of people within Aventura's
functional population is shown in Table 2. These are the people served by the City of
Aventura.
Table 2
SERVICE AREA POPULATION
CITY OF AVENTURA
Resident Functional
Residential Population 28,207 14,104
Peak Population 40,336 7,277
Visitors to:
Offices 2,892
Retail 15,134
Industrial 532
Institutional 1,849
TOTAL 41,788
SOURCES: 2000 Census of the Population, Table 3
Table 3 shows the derivation of the functional population. These calculations use
Miami-Dade County as the base for the calculations. Counties are used because
employment data is not reported for geographic areas smaller than counties. Vehicular
trip generation rates 12 are used to identify the total number of people present at a site.
Employment data are used to identify how many of those persons present are
employees, with the remainder being visitors. The ratios of persons per 1,000 feet of
floor area for Miami-Dade County are applied to non-residential floor area within
Aventura to estimate Aventura's functional population at non-residential areas.
Because many of the people present at and assigned to non-residential areas of
Aventura are the occupants of residences within Aventura, it is necessary to adjust the
population assigned to residences to avoid double counting those persons. This is
done on a time allocation basis. Table 3 shows the Miami-Dade County and Aventura
allocations, resulting in a functional population of 41 ,788 for Aventura.
12 As reported by the Institute for Transportation Engineers, Trip Generation, th Edition,
2003.
Transportation Mitigation
August 15, 2007
Page 8
Table 3
FUNCTIONAL POPULATION
CITY OF AVENTURA
Aventura Miami-Dade
Land Use Floor Area Persons at Site Floor Area Persons at
Site
Non-Residential
Office 1,857,080 2,892 91,889,361 143,096
Retail 6,868,173 15,134 185,691,556 409,164
Industrial 401,883 532 182,695,376 241,930
Institutional & 771,833 1,849 124,193,781 297,529
Other
Full time Residences 14,104 1,189,909
Seasonal Residences 7,277 98,191
TOTALS 9,898,969 41,788 584,470,074 2,379,818
Table 4 shows the functional population of Aventura in terms of persons per unit of land
use; 1,000 square feet of floor area for non-residential developments and the dwelling
unit for residential development. Recall that many of the residents on Aventura are also
the employees and patrons of the businesses within Aventura, thus the relatively low
functional population assigned to residences.
Table 4
FUNCTIONAL POPULATION PER UNIT
CITY OF AVENTURA
Land Use Persons Units Population
at Site per Unit
Office - 1,000 FP 2,892 1,857,080 1.557
Retail 1,000 FP 15,134 6,868,173 2.203
Industrial 1,000 FP 532 401,883 1.324
Institutional & Other -1,000 FP 1,849 771,833 2.396
Residences - DwellinQ 21,381 20,782 0.972
TOTAL 41,788
The annual cost per seat for Circulator Service is shown in Table 5. The cost from
Table 5 is used to calculate a per capita cost, using functional population, of the
Circulator System for the present year and as a present value of future costs.
Table 5
CIRCULATOR COST PER SEAT
CITY OF AVENTURA
Da Year
53 16,380
44 $44.00
Cost er $2,310 $720,720
SOURCE: City of Aventura, Budget for FY 2006-07.
Transportation Mitigation
August 15, 2007
Page 9
The level of service provided or expected to be provided in the future is 0.0276 seats
per capita per year. The costs shown in Table 7 are the costs of continuing this level of
service as the City continues to develop.
Table 6
CIRCULATOR LEVEL OF SERVICE
CITY OF AVENTURA
41,788
0.0276
The basic annual cost of $6,552 per seat is reduced by 51% to reflect the allocation of
funds to Aventura's Circulator System from Miami-Dade County's Transit System
Surtax. These calculations assume that this surtax and the allocation to Aventura will
continue for the next 25 years.
Table 7
CIRCULATOR COST PER CAPITA
CITY OF AVENTURA
Cost per Route $144,144
Seats per Route 22
Cost per Seat $6,552
Paid by County Transit System Surtax 51%
Net Cost to City per Seat $3,231
Level of Service 0.0276
Cost per Capita $89.29
Years 25.00
Discount Rate 4.25%
Present Value $1,359
The Circulator System mitigation cost per unit of development is shown in Table 8.
These costs, assessed as an alternative to transportation concurrency, should recoup
the City of Aventura's costs of meeting the need for mobility with the City's Circulator
System. The total costs to the City have been adjusted for the availability of other funds
to pay this cost. As such, the amounts shown represent a proportionate share of the
City of Aventura's costs of meeting the needs of additional residential and non-
residential development by means of the City's Circulator System.
Transportation Mitigation
August 15,2007
Page 1 0
Table 8
CIRCULATOR MITIGATION FEE PER UNIT
CITY OF AVENTURA
Land Use and Unit Persons Cost per Unit
per Unit
Residence per DwellinQ 0.972 $1,320.70
Office per 1,000 FP 1.557 $2,115.94
Retail per 1,000 FP 2.203 $2,993.95
Industrial per 1,000 FP 1.324 $1,799.30
Institutional & Other per 1,000 FP 2.396 $3,255.14
Should the City adopt these mitigation fees, annual updates should be done based
upon the City's updated cost of providing the Circulator System.
D. Implementation
Should the City proceed to enact a transportation mitigation fee, it should be
recognized that the City is requiring developers to make a present payment to cover
future costs of providing the Circulator service. The preferred way of implementing
such a program would be for the City to deposit all mitigation fees collected into a
trust fund and then annually appropriate the earnings from this fund to the Circulator
system. In this way there is consistency between the assumptions of the fee
calculations and the use of the funds.
It is recommended that the City of Aventura enact a transportation mitigation fee that
is no greater than the amounts shown in Table 8 and that the fees collected be
deposited into a restricted trust fund, the earnings from which will be used solely to
fund the City's Circulator or successor system of mass transit.
It is recommended that the implementing ordinance provide for a refund of
mitigations fees in the event that the City ceases to provide some type of circulator
service. If the City of Aventura ever stops providing the Circulator service or a
service similar to the Circulator, the amounts on deposit in the trust fund should be
returned to the then current owners of the property for which the mitigation fee was
paid on a pro rata basis.
Transportation Mitigation
August 15, 2007
Page 11
RESUME
JAMES C. NICHOLAS
OFFICE
126 SW 165th Street
Newberry, FL 32669
icnicholas@msn.com
POSITION
Emeritus Professor of Urban & Regional Planning and Emeritus Professor of
Law, University of Florida, Gainesville, Florida, 2006 to present.
PREVIOUS
POSITIONS
Professor of Urban & Regional Planning and Affiliate Professor of Law,
University of Florida, Gainesville, Florida, 1985 to 2006. Associate Director,
Environmental and Land Use Law Program, College of Law, 1999 to pre-
sent.
1985 - 1992, Co-Director of Growth Management Studies, College of Law,
University of Florida.
1969 - 1985, Professor of Economics, Florida Atlantic University, Boca
Raton, Florida, and Associate and Acting Director, Joint Center for Environ-
mental and Urban Problems of Florida Atlantic and Florida International
Universities.
PERSONAL
Birth: July 24, 1941
Los Angeles, California
EDUCATION
Ph.D.:
1970, University of Illinois,
Major in Economics
M.A.:
1967 , University of Miami,
Major in Economics
B.BA.:
1965, University of Miami,
Major in Business Administration
3
I. RESEARCH AND PUBLICATIONS
Books
1. Principles and Practices of Impact Fees, Chicago: American Planning Association, 2007,
with A. Nelson and J. Juergensmeyer.
2. A Practitioner's Guide to Development Impact Fees, Chicago: American Planning Associa-
tion, 1991, with A. Nelson and J. Juergensmeyer.
3. The Changing Structure of Infrastructure Finance. Cambridge, Mass.: The Lincoln Institute
of Land Policy, 1985. Editor.
4. State Regulation and Housing Prices, New Brunswick, NJ: Rutgers University, 1982.
5. The Unnecessary Cost of Automobile Ownership, Fort Lauderdale, Florida: Joint Center for
Environmental and Urban Problems, 1980.
Monographs
1. Impact Fees in Hawaii: Implementing the State Law, Honolulu: Land Use Research Founda-
tion, 1993. With D. Davidson.
2. Calculating Proportionate Share Impact Fees Under the Rational Nexus Test, Chicago:
American Planning Association, 1988.
3. The Use ofFlorida's Land, Tallahassee, Florida: State of Florida, Environmental Land Man-
agement Study Committee, 1973. Editor.
4. New Communities: A Tool to Implement a Policy for the Management of Growth, Tallahas-
see, Florida: State of Florida, Environmental Land Management Study Committee, 1973.
Editor.
Chapters in Books
1. "Impact Fees Should Not Be Subject to Takings Analysis," in Taking Sides on Takings Issues:
Public and Private Perspectives, Ed. By Thomas E. Roberts, Chicago: Am. Bar Assn, 2002.
2. "Transferable Development Rights and Alternatives After Sutium," Twenty-Eighth Institute of
Planning. Zoning and Eminent Domain, New York: Matthew Bender, 1998. With J. C. Juer-
gensmeyer and B. Leebrick. A reprint of item D. 1.
3. "Elementos Economicos da Gerencia do Crescimento," in Conflicts Juridicos, Economicos e
Ambientais, ed. by Paulo Roberto Pereira de Souza and Jon Mills, Maringa, Parana: University
of Meringa Press, 1995.
Resume 4
4. "The Evolution of Land Use and Environmental Law in the United States," in Ellen Margrethe
Basse, ed., Miijorettens grundsporgsmal: Bidrag ti! en nordiskforskeruddannelse, Koben-
havn: G.E.C Gad, 1994.
5. "The Need for an International Forum to Consider Compensation for Environmental Preserva-
tion," in Amedeo Postiglione, ed., Tribunale Internazionale Dell'Ambienta, Roma: Instito
Poligrafico E Zecca DelIo Stato Libreria DelIo Stato, 1992.
6. "The Use of Road Impact Fees in the United States," in Robert F. Passwell, ed., Site Impact
Traffic Assessment, Washington, DC: American Society of Civil Engineering, 1992.
7. "Paying for Growth: Creative and Innovative Solutions," in Jay Stein, ed., Growth Manage-
ment and Sustainable Development, Sage, 1992.
8. "The Provision ofInfrastructure," in D. Coffee and J. Wade, eds., Local Government in the
1990's, Gainesville: Center for Governmental Responsibility, University of Florida, 1990.
9. "The Costs of Growth: A Public vs. Private Sector Conflict or a PubliclPrivate Responsibility,"
in D. Brower, D. Godschalk & D. Porter, eds., Understanding Growth Management: Critical
Issues and A Research Agenda, Washington: Urban Land Institute, 1989.
10. "Appropriate Methods for Establishing Impact Fees," with A C. Nelson, in Development Im-
pact Fees, AC. Nelson, ed., Chicago: American Planning Association, 1988.
11. "A Model State Impact Fee Enabling Act," with J. Juergensmeyer, in Development Impact
Fees, AC. Nelson, ed., Chicago: American Planning Association, 1988. Reprinted as "Mode-
10 de Projeto de Lei Para Cria<;ao das Taxas de Impacto," in Coriflicts Juridicos, Economicos e
Ambientais, ed. by Paulo Roberto Pereira de Souza and Jon Mills, Maringa, Parana: University
of Meringa Press, 1995
12. "A Standard Development Impact Fee Enabling Statute," with J. Bachrach, J. Juergensmeyer,
A Nelson, T. Ramis and E. Strauss, in Development Impact Fees, AC. Nelson, ed., Chicago:
American Planning Association, 1988.
13. "Calculating Proportionate Share Impact Fees," in R. Alterman, ed., The Private Finance of
Public Services, New York: New York University Press, 1988.
14. "Impact Fees: A Fiscal Technique for Managing Growth," in W. deHaven-Smith, ed., Growth
Management Innovations in Florida, Fort Lauderdale: Florida Atlantic University, 1988.
15. "Commentary on Florida's Policy With Respect to it's Coast," in C. M. Adams, ed., The Eco-
nomics of Coastal Tourism and Research Perspectivesfor Florida. Gainesville: Florida Sea
Grant College Program, 1988.
16. "Capital Improvement Finance and Impact Fees After the Growth Management Act of 1985,"
in Perspectives on Florida's Growth Management Act of 1985, J. DeGrove and J. Juergens-
meyer, editors, Cambridge, Mass.: The Lincoln Institute of Land Policy and The Urban Land
Institute, 1986.
Resume 5
17. "Florida's Experience With Impact Fees," in The Changing Structure of Infrastructure Fi-
nance, J. C. Nicholas, editor, Cambridge, Mass.: The Lincoln Institute of Land Policy, 1985.
18. "Land Availability in Florida," Landfor Housing: Developing a Research Agenda, in James
Hobin, editor, Cambridge, Mass.: The Lincoln Institute of Land Policy, 1985.
19. "The Role and Scope of Impact Fees," in Financing Florida State Government, H. P. Tuck-
man, editor, Tallahassee: Florida State University, 1979.
Referred Journals
I. "Market Based Approaches to Environmental Preservation: To Environmental Mitigation Fees
and Beyond," Natural Resources Journal. 2003. With 1. Juergensmeyer.
2. "The Ups and Downs of Growth Management in Florida," Journal of Law and Public Policy,
Vol, 12 No.2, 2001.
3. "Growth Management and Smart Growth in Florida," Wake Forest Law Review, Vol. 35:3,
2000, with Ruth Steiner.
4. "State and Regional Land Use Planning: The Evolving Role of the State," St. Johns University
Law Review, Vol. 73:4,1999.
5. "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives - II," Envi-
ronmental Liability, with J. Juergensmeyer and E. Basse. Volume 7:3, 1999.
6. "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives - I," Envi-
ronmental Liability, with 1. Juergensmeyer and E. Basse. Volume 7:2, 1999.
7. "Transferable Development Rights and Alternatives After Suitum," The Urban Lawyer, Vol.
30 No.2, 1998, with J. Juergensmeyer and B. Leebrick.
8. "Positive Influence ofImpact-Fees in Urban Planning and Development," Journal of Urban
Planning and Development, Vol. 118, No.2, 1993. With A. C. Nelson and J. E. Frank.
9. "New Fangled Impact Fees," Planning, Vol. 58: 10, 1992, with A. C. Nelson and Lindell
Marsh.
10. "Estimating Functional Population for Facility Planning Purposes", Journal of Urban Planning
and Development, Vol. 118, No.2, 1992. With A. C. Nelson.
11. "On the Progression ofImpact Fees," Journal of the American Planning Association, Vol. 58,
No.4, 1992.
12. "Debt for Nature Swaps: A Modest But Meaningful Response to Two International Crises,"
Florida International Law Journal, Volume V, no. 2, 1990, with J. Juergensmeyer.
13. "Critical Elements of Development Impact Fee Programs," Journal of Urban Planning and
Development, Vol. 116 No. I, May 1990, with A. Nelson and J. Juergensmeyer.
Resume 6
14. "Determining The Appropriate Impact Fees Under The Rational Nexus Test," Journal of the
American Planning Association, Vol. 54: 1, 1988, with A. C. Nelson.
15. "Calculating Proportionate Share Impact Fees," New York Affairs, Vol. 10, No.2, 1988.
16. "Impact Exactions: Economic Theory, Practice and Incidence," Law and Contemporary Prob-
lems, Vol. 50, No.1, 1987.
17. "East-West Trade: A Case Study of Sulphur," Florida International Law Journal, Vol. III, No
1, 1987.
18. "The Use of Benefit Fees and Assessments in Financing Transportation Improvements,"
AASHTO, 1987.
19. "Housing Costs and Prices Under Regional Regulation," Journal of the American Real Estate
and Urban Economics Association, Vol. 9, no. 1, 1982.
20. "Problems of Financing Capital Improvements in a Growing Area," Engineering Issues, 1980.
21. "Rent Differentials Among Racial and Ethnic Groups," Review afSocial Economy, Vol. 36,
No. 1,1978.
22. "Planning as Compensation for Land Use Regulation," Florida Environmental and Urban Is-
sues, Vol. V, January 1977.
23. "Areas of Critical Environmental Concern: A Case Study," Florida Environmental and Urban
Issues, Vol. IV, 1976.
24. "Impact Fees: The Other Side," Florida Environmental and Urban Issues, Vol. 3, 1975.
25. "The Economy of the South Florida Coastal Zone,"_Florida Environmental and Urban Issues,
Vol. III, 1975.
26. "Industrial Locations: The Special Case of Florida," Review of Regional Studies, Vol. 4, 1975.
27. "Population Updates: Growth in South Florida Since 1970," Florida Environmental and Ur-
ban Issues, Vol. 2, 1974.
28. "Impact Fees in Florida," Florida Environmental and Urban Issues, Vol. 2, 1974.
29. "South Florida During the Twentieth Century: Population Projections to 2000," Florida Envi-
ronmental and Urban Issues, Vol. 1, 1973.
30. "An Experiment in Computer Aided Instruction in Regional Economics," Review of Regional
Studies, vol. 3, 1973.
31. "Controlling Pollution: An Economic View," Research Reports In Social Science, Vol. 14,
1972.
Resume 7
32. "Corporate Income Taxation in Florida: An Analysis ofIt's Effects on Prices and Growth,"
Florida Planning and Development, April 1970 (with M. B. Redman).
33. "Florida's Metropolitan Income: Levels and Trends," Florida Planning and Development,
March 1970
Articles in Edited Proceedings
1. "Florida the Megastate: How Can it Take a Lickin' and Keep on Tickin'," Journal of the
Public Interest Environmental Conference, Vol. 1, Spring 1997.
2. "Price Effects of Road and Other Impact Fees on Urban Land," Transportation Research Re-
cord, No. 1305, 1991, with A. C. Nelson, J. H. Lillydahl and 1. E. Frank.
3. "The Seasonal Stability of the Urban Base Multiplier," Proceedings of the American Statisti-
cal Association, Nov. 1976.
4. "Instability of the Urban Base Multiplier," Proceedings of the American Statistical Associa-
tion, September 1974.
5. "The Impact of Inflation on Investment and Labor Productivity," Proceedings of the Ameri-
can Statistical Association, Nov. 1972.
Other Research Activity
1. Technical Reports
Over 60 technical reports have been written for various agencies which are noted under relevant
professional experience.
2. Papers Before Professional Associations
Over 100 papers have been presented to Professional Associations. These Associations include:
American Law Institute/American Bar Association
American Planning Association
American Sociological Association
American Society for Public Administration
Association for Social Economics
Atlantic Economic Society
Eastern Economics Association
National Conference on Managed Growth
Operations Research Society of America
Southern Economics Association
Southern Regional Science Association
Urban Land Institute
Resume 8
3. Special Invited Papers
a. Office of the Governor, Office of State Planning, State of Hawaii, "A Review of Ha-
waii's Infrastructure Finance With Recommendations," Honolulu, Hawaii, 1992.
b. United Nations Council on Development, "The Effect of Environmental Regulations on
the Construction Industry," Berkeley, California, 1992.
c. Legislature of the Commonwealth of Massachusetts, "Financing the Needs of a Grow-
ing Community," Boston, 1990.
d. Office of the New Hampshire Governor, "Techniques for Financing Urban Devel-
opment," Manchester, NH, 1989.
e. Commonwealth of the Northern Marianas Islands, Office of the Governor, "Fiscal and
Environmental Management of Growth," 1989.
f. World Congress on Land Policy, London, United Kingdom, "Financing Infrastructure in
Florida," 1986.
g. The Florida House Committee on Growth Management, "Fiscal and Economic Dimen-
sions of Growth Management," 1985.
h. The Florida Bar Association, "Coping with Economic Impact in the Development Re-
view Process," 1982.
1. National Order of Women Legislators, "Financing Capital Infrastructure: Impact Fees,"
1982.
J. The Florida Senate, Committee on Commerce, "Self Insurance for Worker's Com-
pensation in Florida," 1978.
k. The Florida Senate, Committee on Commerce, "The Reform of Florida's No-Fault In-
surance Law," 1978.
I. United States Senate, Committee on Interior and Insular Affairs, "The Florida Experi-
ence in Land Use Regulation and its Economic Consequences," 1976.
m. The Florida House of Representatives, Seminar on the Constitutional Problems of Tak-
ings, "The Economics of Takings," 1976.
n. American Law Institute/American Bar Association;
(1) "Capital Improvement Financing"
(2) "Handling The Controversial Land-Use Case"
o. American Planning Association:
(I) "Florida's Experience with Impact Fees," 1985.
(2) "Calculating Impact Fees," 1986, 1988 and 1989.
(3) "Impact Fees After Nollan," 1987.
Resume 9
(4) "Recent Events in Impact Fee Calculations," 1990.
(5) "Impact Fees On Trail," 1991 and 1992.
(6) "Environmental Mitigation Fees," 1992.
(7) "Environmental Mitigation Fees," 1994.
(8) "The Hackensack Meadowlands Development Plan," 1995.
p. "Calculating Proportionate Share Impact Fees Under The Rational Nexus Test," a series
of regional presentations delivered at:
(I) Baltimore, Maryland, 1987
(2) Atlanta, Georgia, 1987
(3) Tulsa, Oklahoma, 1987
(4) Portsmouth, New Hampshire, 1987
(5) Augusta, Maine, 1988
(6) Los Angeles, California, 1988
(7) Little Rock, Arkansas, 1988
(8) Milwaukee, Wisconsin, 1988
(9) Boston, Massachusetts, 1988
(10) Denver, Colorado, 1988
(II) San Diego, California, 1989
(12) New York, New York, 1989
(13) Boston, Massachusetts, 1989
(14) Burlington, Vennont, 1989
(15) Dallas, Texas, 1990
(16) San Francisco, California, 1990
(17) London, England, 1990
(18) Atlanta, Georgia, 1990
(19) Denver, Colorado, 1990
(20) Cape Cod, Massachusetts, 1990
(21) Hilo, Hawaii 1990
(22) Hilton Head, South Carolina 1991
(23) Denver, Colorado, 1991
(24) Seattle, Washington 1991
(25) Sacramento, California 1991
(26) Virginia Beach, Virginia 1991
(27) Orlando, Florida 1992
(28) San Francisco, California 1992
(29) London, England, 1992
(30) Atlanta, Georgia, 1993
(31) San Francisco, California, 1994
(32) Orlando, Florida 1994
(33) San Francisco, California, 1995
(34) Orlando, Florida 1995
(35) London, England 1998
(36) Columbia, South Carolina 1999
(37) Des Moines, Iowa 2000
4. Grants
Resume 10
As Acting Director/Associate Director of the Joint Center, grantsmanship was a primary responsi-
bility. Over 75 grants totaling over $4 million were received.
II. SPECIAL PROFESSIONAL ACTIVITIES
A. Member, Florida Property Right Commission, 1994-95.
B. Advisor on Economic Development and Immigration Policy, Office of the Governor, Common-
wealth of the Northern Marianas Islands, 1993.
C. Advisor on Growth Management and Financial Policy, Office of the Governor, State of Hawaii,
1992-93.
D. Advisor on Growth Management and Environmental Policy, State of Parana, Brazil, 1992-93.
E. Technical Advisor on Economic Development, Vovoidship ofOlsztyn, Poland, 1992.
F. Participant and Speaker, "Impact Fees? Can They Work Here?" Special Seminar Sponsored by the
Department of Land Economy, University of Cambridge, London, United Kingdom, 1992.
G. Participant and Speaker, Workshop on Legal and Technical Assistance for Eastern Europe, Spon-
sored by the Central and Eastern European Legal Initiative, American Bar Association, Krakow,
Poland, 1992.
H. Participant and Speaker, International Symposium on the Establishment of a World Environmental
Court, Florence, Italy, 1991.
I. Participant and Speaker, Special Seminar on Planning Gain or Paying for Growth?, Institute of
Advanced Legal Studies, University College - London, London, United Kingdom, 1990.
J. Participant and Speaker, International Symposium on The Problems of Heavily Polluted Areas,
Wroclow, Poland, 1989.
K. Participant and Speaker, Second International Symposium on Current Legal Issues Impacting
East-West Trade, Warsaw, Poland, 1988.
L. Technical Advisor on Land Policy, Constitutional Commission for the United States of Brazil,
Campo Grande, Matto Grosso del SuI, Brazil, 1988.
M. Participant and Speaker, International Symposium on Current Legal Issues Impacting East-West
Trade, Warsaw, Poland, 1986.
N. Member, American Delegation, Royal Society of Chartered Surveyors Session of Anglo-American
Urban Experience, London, United Kingdom, 1983.
O. Member, American Delegation, International Association of Administrative Sciences, Berlin, West
Germany, 1983.
Resume 11
P. Participant, HUD Task Force on "Development Choices for the 80's," 1981.
Q. Participant, American Planning Association/Urban Land InstituteIHUD Conference on
Non-Metropolitan Growth, 1980.
R. Staff Economist, Florida Tax Reform Commission, 1979-80.
S. Participant, U.S. Department of Housing and Urban Development, National Task Force on Hous-
ing costs, 1979-80.
T. Executive Director, (Florida) Governor's Task Force on Economic Policy, 1979.
U. Staff Economist, Florida Environmental Land Management Study Committee, 1974-75.
III. RELEVANT PROFESSIONAL EXPERIENCE
A. CONSULTANT TO:
1. Government of the United States;
a. U.S. Department of the Interior
b. U.S. Environmental Protection Agency
c. U.S. Department of Defense, Army Corps of Engineers
2. Republic ofEl Salvador
3. Commonwealth of the Northern Maranias Islands
4. Commonwealth of Puerto Rico
5. State of Delaware, Department of Transportation
6. State of Hawaii, Office of the Governor, Office of State Planning
7. State of New Hampshire, Office of the Governor
8. State of New Jersey;
a. The Pinelands Commission
b. Hacksensack Meadowlands Development Commission
9. State of Florida;
a. The Florida Senate
b. Environmental Land Management Study Committee
c. Power Plant Sitting Committee
d. Department of Community Affairs
e. Department of Natural Resources
f. Department of Environmental Protection
g. Department of Professional Regulation
h. Florida Regional Agencies;
(I) South Florida Regional Planning Council
(2) Southwest Florida Regional Planning Council
(3) Treasure Coast Regional Planning Council
(4) South Florida Water Management District
(5) Suwannee River Water Management District
Resume 12
10. Counties of: (selected)
Anne Arundel, Maryland
Broward, Florida
Burlington, New Jersey
Charlotte, Florida
Clark, Nevada
Cobb, Georgia
Collier, Florida
Dade, Florida
DeKalb, Georgia
Douglas, Colorado
DuPage, Illinois
Forsyth, Georgia
Hawaii, Hawaii
Hernando, Florida
Hillsborough, Florida
Kern, California
Lake, Florida
Lee, Florida
Martin, Florida
Monroe, Florida
Montgomery, Pennsylvania
Palm Beach, Florida
Pitkin, Colorado
St. Lucie, Florida
St. Johns, Florida
Sarasota, Florida
Suffolk, New York
Teton, Wyoming
Walton, Florida
Washoe, Nevada
11. Cities of: (selected)
Albuquerque, New Mexico
Alpharetta, Georgia
Bakersfield, California
Beavercreek, Ohio
Boca Raton, Florida
Bradenton, Florida
Canton, Georgia
Chardon, Ohio
Destin, Florida
Gatlinburg, Tennessee
Hialeah, Florida
Honolulu, Hawaii
Key West, Florida
Miami Beach, Florida
Orlando, Florida
Palm Beach, Florida
Resume 13
Portland, Maine
Reno, Nevada
Sanibel, Florida
Scottsdale, Arizona
Southampton, New York
Virginia Beach, Virginia
West Palm Beach, Florida
12. Private Corporations: (selected)
The Arvida Corporation
Bramalea Limited
Boca Del MarfTexaco, Inc.
Deltona Corporation
Flag Development Company
Florida Home Builders Association
Florida Power and Light Corporation
Florida Power Corporation
Freeport-MacMoran, Inc.
General Development Corporation
Prudential Insurance Company
Texas Instruments, Inc.
The Foundation Land Company
Tishman-Spyre Properties
U.S. Home Corporation
Westinghouse Communities, Inc.
B. Expert Testimony:
United States District Courts
United States Bankruptcy Court
United States Courts of Claim
Judicial Courts of Florida
Judicial Courts of New Jersey
Judicial Courts of Illinois
Judicial Courts ofIowa
Judicial Courts of Ohio
Numerous Administrative Boards - Federal, State and Local
IV. PUBLIC SERVICE
A. Member, Florida Property Rights Commission, 1994- I 995.
B. Member, Florida Land Use Data System Advisory Council, Florida Department of
Community Affairs, 1984-85.
C. Assistant Director, Southeastern American Assembly on the City and the Farm, 1980.
Resume 14
D. Member of the Board, Broward-Palm Beach Economics Forum, 1980-1985. President,
1982-83.
E. Member, Economics Advisory Committee, Florida Department of Environmental Regu-
lation, 1978-1982.
F. Member, Palm Beach County (Florida) Charter Advisory Commission, 1978-79.
G. Member, Economics Advisory Panel, State of Florida, State Comprehensive Plan Com-
mittee, 1985-87.
H. Member, Technical Advisory Committee, South Florida Regional Planning Council,
1972-74.
I. Member and Vice-Chairman, Economic Advisory Committee, South Florida Regional
Planning Council, 1972-74.
J. Reporter, Member of the Drafting Committee and Participant, "Florida 2000: Gover-
nor's Conference Growth and the Environment," October 1973.
K. Member, Palm Beach County (Florida) Land Use Advisory Board, 1971-77. Chairman,
1971-1973.
VI. MEMBERSHIPS AND AWARDS
A. Professional:
1. American Planning Association
2. North American Society of Environmental Law,
Vice President
3. Urban Land Institute;
Member of the Industrial Development Council, 1979-85
Member of the Recreation Development Council, 1985-90
Member of the National Policy Council, 1990-92.
4. American Bar Association, Educational Affiliate
B. Honorary:
1. Omicron Delta Epsilon, Economics Honor Society
2. Pi Mu Epsilon, Mathematics Honor Society
3. Faculty Associate, Lincoln Institute of Land Policy, Cambridge,
Massachusetts.
C. Awards:
1. Professional Excellence Award, University of Florida, 1997.
2. Professional Excellence Award, University of Florida, 2001.
The House Additions to the Governor's Property Tax Plan
The Governor's property tax proposal, with the House and Senate adjustments, includes the
following provisions:
A. doubles the homestead exemption by providing an additional $25,000 exemption for
assessment amounts between $50,000 to $75,000. This increased exemption will not
apply to school millages.
B. provides portability of protected Save Our Homes assessments to existing homestead
property owners, by providing 100% portability of the SOH differential, up to 1 million
dollars, for homeowners who upgrade to a more expensive home, and proportional
portability for homesteaders who move to a less expensive home. This increased
exemption will not apply to school millages.
C. creates a new exemption for first-time homesteaders that equals 25% ofthe just value of
the property, capped at 25% of the prior year's residential median just value for the
county, but which is phased out as the new homesteaders' Save Our Homes differential
increases. This increased exemption will not apply to school millages.
D. creates an exemption for the first $25,000 oftangible personal property.
In addition to the Governor's proposal, the House also intends to pursue the following
additional provisions that provide targeted relief and fairness in the imposition of property
taxes.
1. Eliminate property taxes for low-income seniors. This provision will protect our most
vulnerable citizens from losing their homes due to the increasing burden of property
taxes. The exemption will apply to seniors who qualify for the existing $50,000
additional local option homestead exemption. To qualify presently, the individual must
be 65 or older and have a household income ofless than $24,214.
2. Affordable housing. This provision will allow property utilized for affordable housing
to be assessed at less than just value. To qualify the property will have to be subject to
rent restrictions imposed by a government authority. This provision will provide
protection to renters from dramatic increases in rent attributable to rising property tax
assessments.
3. Working waterfronts. This provision will allow property located on the water and used
for commercial activities, also known as "working waterfronts", to be assessed at less
than just value instead of the "highest and best" use. Presently, a waterfront marina may
be assessed as if it were a high-rise condominium because that would be the "highest and
best" use of the property in the context of generating property taxes. This provision will
allow the marina to be assessed at something other than just value and more akin to the
property's actual use, not its potential use.
4. Energy Efficiency Devices. This provision will implement a constitutionally-authorized
exemption for real property on which renewable energy source devices are installed and
are being operated. The amount to be exempted from the assessed value will be the cost
of the renewable energy source devices installed on the property plus the cost of
installation. The exemption could be claimed annually for up to 10 years, so long as the
equipment is used on the property.
5. Presumption of Correctness/Burden of Proof. This provision will remove the
presumption of correctness given to property appraisers for challenges to assessments
involving properties whose just value increases more than the average for their class.
This helps level the playing field for property owners so that the property tax assessment
process is not tilted in favor of the government.
6. Elected Property Appraisers. This provision will require that all property appraisers in
the state be elected by the voters. This will address concerns in those jurisdictions where
the property appraisers are hired by the mayor or commissioners and make sure that the
property appraisers are accountable to the voters.
Special Session Schedule- Property Taxes:
. Friday, October 12 - House Workshop
. Monday, October 15 - Senate Workshop
House Committee
. Tuesday October 16 - Senate and House Committees
. Wednesday, October 17 - Final Vote