03-20-1997
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PLANNING ADVISORY
BOARD MEETING
March 20, 1997 10 A.M.
The City of Excellence
AGENDA
1. CALL TO ORDER
2. INTRODUCTION
3. ORIENTATION
a. TERMS OF OFFICE
b. SUNSHINE LAW
c. ETHICS
d. ADVISORY CAPACITY
e. DUTIES OF BOARD
4. DISCUSSION OF CHAIR AND VICE CHAIR
5. PROPOSED AGENDA FORMAT
a. CALL TO ORDER
b. APPRO V AL OF MINUTES
c. NEW BUSINESS
d. STAFF REPORTIUPDATE
e. OTHER BUSINESS
f. ADJOURNMENT
6. COMPREHENSIVE PLAN PREP ARA TION PROCESS
7. SIGN ORDINANCE
8. MEETING TIMES AND DATES
9. ADJOURNMENT
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, 466-8901,
not later than two days prior to such proceeding.
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GOVERNMENT IN THE SUNSHINE LAW
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SECTION 386.011, FLORIDA STAT~TESh
I. Basic Provisions.
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Section 286.011(1) provides that:
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"All meetings of any board or commission of any
state agency or authority or of any agency or
authority of any county, municipal corporation,
or political subdivision, except as otherwise
provided in the Constitution, at which official
acts are to be taken are declared to be public
meetings open to the public at all times, and
no resolution, rule, or formal action shall be
considered binding except as taken or made at
such meeting."
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II.
What constitutes a "board or commission?"
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A. All governing bodies and decision making
committees.
B.
Advisory boards that are more than mere fact-
finders. A public body cannot escape the
application of the Sunshine Law by delegating
a job to an "alter ego". Advisory boards with
"decision-making" functions (i.e. screening
applicants for an appointed pOSition) are subject
to the Sunshine Law. The courts focus on'the
nature of the act performed in determining whether
a board is decision-making or merely fact-
finding.
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III. What constitutes a "meeting?"
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A. An occasion where two or more members of the same
board are present (includes presence physically, by
telephone, or even when conferring by written
documents), and
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B. Discussion ensues on a matter on which "foreseeable
action" will be taken (encompasses entire decision-
making process, including briefings, workshops,
seminars, etc.).
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IV. Requirements for a public meeting.
A.
Location
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1. Section 286.011(6) prohibits holding public
meetings at any facility that discriminates
on the basis of sex, age, race, creed, color,
origin, or economic status.
2. Section 286.26 requires accommodations to be
made, upon written request received at least
48 hours in advance, for physically
handicapped individuals.
B. Notice
1. The Statute does not contain any particular
notice requirement.
2. The courts have interpreted the intent of
the statutes to require "reasonable notice".
3. In an informal opinion, the Attorney General's
office has suggested that reasonable notice
should contain the time and place of the
meeting and, if available, an agenda
(otherwise a summary of sUbject matter) (note:
the courts have held pUblication of an agenda
is not required and it is not a Sunshine. Law
violation to discuss items not on the agenda).
The Attorney General has further advised that
these notices should be "prominently
displayed" in a City Hall or comparable area
set aside for that purpose and that the
notices should be posted sufficiently in
advance to provide "appropriate and effective
notice under the circumstances." Except
in cases of emergency, special meetings should
have at least 24 hours reasonable notice.
4. Section 286.0105 requires that each notice
include the advice that if a person decides
to appeal any decision, he may need to ensure
that a verbatim record of the proceedings is
made.
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C. Minutes
1.
Section
kept of
be open
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286.011(2) requires that minutes be
each public meeting and that they
to public inspection.
2. Meetings may be tape recorded or video taped,
but minutes must still be kept in addition to
the recordings.
D. Voting
1. Section 286.012 requires that all members
present at a meeting vote on official actions
or decisions unless they comply with the
conflict of interest provisions of Chapter
112 Florida Statutes.
2. Roll call votes on all matters are not
necessary.
3. Secret ballots are prohibited.
V. Effect of Sunshine Law violations.
A. Sanctions
1. Criminal - Knowing violation of the Sunshine
Law is a second degree misdemeanor, with.
penalties of up to $500 in fines and up to
60 days in jail.
2. Civil-Inadvertent violations are civil
infractions with penalties not to exceed
$500 fine.
B. Validity of actions taken in violation of the
Sunshine Law.
1. Actions which have been taken are
void ab initio.
2. Members of the general public have
standing to sue.
3. Initial action taken in violation of the
Sunshine Law can be cured by an independent
final action taken in the SunshineJ in other
words, start over but in the Sunshine.
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CONFLICTS OF INTEREST
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ELECTED AND APPOINTED GOVERNMENT OFFICIALS
I. Voting conflicts
A. Application - Section 112.3143, governing voting
conflicts of interest applies to all "public
officials" as defined in this Section to include
any person elected or appointed to hold office
in any agency, including any person serving on a
purely advisory body.
B. No county, municipal, or other local public
officer can vote in any official capacity upon any
measure which inures to the officer's "special
private gain" or to the special private gain of
any private entity by whom retained. The public
officer shall publicly state for the record the
nature of his special private gain and why he is
abstaining from the vote and shall within l5 days
after vote disclose the nature of his interest as
a pUblic record with the person recording the
minutes who shall incorporate such memo into the
record.
1. Existence of "special private gain" depends
upon facts. A special private gain ex~sts
if an officer has an ownership interest that
is affected; has a spouse with an ownership
interest if the spouses co-mingle funds or
one supports the other; or has a continuing
or ongoing business relationship with some-
one whose interests are affected. If the
matter simply affects friends, fellow church
or club members, or persons with whom the
officer has a past (not ongoing or
continuing) business relationship, no voting
conflict exists.
2. Where the action will affect the officer in
the same way it will affect a group of
similarly situated citizens, the
determination of whether a special gain
exists will depend on the size of the class.
If the class of persons is large, a special
gain will result only if there are
circumstances unique to the officer or
principal under which the officer or
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principal stands to gain more tha~ tht other
members of the class. Where the class of
person benefiting from the measure is
extremely small, the possibility of special
gain is much more likely.
3. Procedure to follow if special private gain
problem exists:
a. Prior to the vote, pUblicly explain the
conflict;
b. Abstain from voting;
c. Within l5 days of the vote, document the
disclosure in a written memorandum filed
with the person responsible for
documenting the minutes of the meeting.
C. A public officer barred from voting may
nevertheless participate in the discussion of the
matter provided he first discloses the nature of
his interest in the matter. The disclosure must
be made either verbally or in writing prior to any
participation in the matter or any participation
on the matter is disallowed. If the disclosure is
made verbally, it must be followed up in writing
within l5 days with a written memorandum filed
with the person responsible for documenting the
minutes of the meeting and shall be incorporated
in the official minutes of the meeting later
prepared. If the disclosure is initially made in
writing, the required written memorandum shall
be read into the record regardless of when the
written memorandum is prepared (before
participating in discussion of a matter or
within l5 days after if original disclosure is
oral prior to the discussion). The written
memorandum is a public record and is served upon
each other member of the local legislative.
II. Standards of Conduct for Public Officers and Employees
of Government Agencies
A. Solicitation or acceptance of gifts
1. Section 112.313(2), Florida Statutes,
prohibits the solicitation or acceptance of anything of
value based upon any understanding that the vote, official
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action, or judgment of the pUblic officer or em~loy~e would
be influenced thereby.
2. Section 112.313(4), Florida Statutes,
prohibits public officers, employees of agencies, their
spouses or minor children from accepting any compensation,
payment, or thing of value when such public officer or
employee knows, or with the exercise of reasonable care,
should know, that it was given to influence a vote or other
action in which the officer or employee was expected to
participate in his official capacity. This has been ruled
by the Ethics Commission to include expense paid travel by a
company seeking to do business with the agency or requiring
the agency's approval.
3. Sections 112.3l3(3) and (7) prohibit pUblic
officers or employees from doing business with their agency
or holding certain types of enployment or contractual
relationships. The provisions h~ve generally been broadly
interpreted, and a number of specific exceptions apply.
Public officers and employees who are engaged in businesses
where this question might arise should seek independent
legal advice on the ramifications of Section 112.3l3.
III. Dual Officeholding
A. Article II, Section 5 of the Florida Constitution
(1968) prohibits any person from holding more thaQ one
office in state, county or municipal governments.
B. This prOhibition does not preclUde public
officeholders from apPointment to a local board provided
that the appointment is essentially an assignment of
additional jOb duties and there is nothing inherently
inconsistent or incompatible in the officer's service on the
board.
IV. Financial Disclosure Requirements
FORM 1, STATEMENT OF FINANCIAL INTERESTS
Sec. 112.3l45 (l), (2), and (3),
Fla. Stat. (1989), as amended by Ch. 90-502, Laws of FL
WHO "US~ PILE All state officers, local officers,
candidates for local elective office, and specified state
employees as defined below (other than elected
constitutional officers who file Form 6) must file a Form 1,
State of Financial Interests.
"Gift" means anything accepting by
person's behalf whether directly or
person's benefit, and for which
consideration is not given. "Gift"
a person or
indirectly,
equal or
includes
on tha t
for that
greater
real or
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personal property, a preferential rate or terms on a
transaction not available to others similarly s~uated,
forgiveness of a debt, transportation, lOdging, 'or ~arking,
dues, fees and tickets, personal services for which a fee is
normally charged, and any other thing or service having an
attributable value.
"Gift" does not include salary, benefits, commissions, or
expenses associated with one's employment, campaign
contributions and expenditures reported under Ch. l06, F.S.,
honorariums or honorarium expense, an award, plaque,
certificate, etc. given in recognition of public, civic,
charitable or proessional service, honorary membership in a
service or fraternal organization, and food or beverage,
consumed at a single sitting or event.
Gift giving prohibitions/Gift acceptance prohibition _
Filing Form 1.
Each local government officer is prohibited from soliciting
any gift, food, beverage from a political committee,
committee of continuous existence, or lobbyist who has
lobbied his agency within the past 12 months of a lobbyists'
partner or employee.
Each local government officer fi ling Form 1 is prohibited
from accepting a gift worth over $100.00 from lobbyist, the
lobbyists' partner or employee, a political committee, or
committee of continuous existence.
Each local government officer filing Form 1 is prohibited
from accepting a gift worth over $100.00 from a lobbyist,
the lobbyists' partner or employee, a political committee,
or committee of continuous existence.
LOCAL OFFICERS include. any person elected to office in any
political subdivision and any person appointed to fill a
vacancy for an unexpired term in such elective office; an
appointed member of a board of any political subdivision
(except members of solely advisory bodies), and all members
of bodies exercising land-planning, zoning, or natural
resource responsibilities, whether advisory or not. Local
officers also include mayors and the chief administrative
employee of a municipal i ty, and any person hOlchng one or
more of the following positions within a municipality: city
attorney; chief building inspector; any administrator with
the power to grant or deny a land development permit; chief
of police; fire chief; municipal clerk; or a purchasing
agent having the authority to make any purchase exceeding
$1,000.
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WHAT HUS~ BE DISCLOSED - Form 1 requirements are se~ forth
fully on the form. In general, this includes the re~brting
person's sources and types of financial interests, e. g. ,
name of employer and address of real property holding. No
dollar values are qUires to be listed.
QUARTERLY GIFT DISCLOSURE - Each person required to file a
Form 1 or Form 6 financial disclosure, must file a Form 9,
Quarterly Gift Disclosure, with the Secretary of State on
the last day of a calendar quarter for the previous calendar
in which he received a gift worth over $100.00 (other than
gifts from relatives, prohibited gifts, or gifts otherwise
requiring disclosure Form 9 need not be filed if no such
gift was received during the calendar quarter.
WHEH TO PILE - Candidates for publicly-elected local office
must file Form 1 together with and at the same time they
file their qualifying papers. State and local officers and
specified state employees are required to file disclosure by
July 1 of each year. Each state or local officer who is
appointed and each specified state employee who is employed
must file within thirty days from the date of appointment or
the beginning of employment. Those appointees requiring
Senate confirmation must file prior to confirmation.
WHERE TO PILE - Each local officer files this form with the
Supervisor of Elections in the County of permanent
residence.
Any additional information may be obtained from the City
Clerk regarding these issues. Any legal questions may be
directed to the City Attorney.
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Government Structure
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The City Manager form of government is based on the premise that the responsibility for
policy rests with the City Council and the responsibility for daily administration and
execution of policy rests with the City Manager. In order for this form of government to be
effective, a team-like atmosphere between the City Council and administration must be
developed. The CouncillManager structure is similar to a private corporation as it
emphasizes that the government operates as a business. The structure of Aventura's
government reflects this concept. A comparison is shown as follows:
Establish Policv
Private Sector
Public Sector
City of Aventura
Residents
City Council
ABC Corporation
Stockholders
Board of Directors
Administration & Implementation
City Manager
Department Directors
Chief Executive Officer
Department Heads
Organization Chart
CITY OF AVENTURA
Resldenm
City Council
City Manager
Legal Servloes
Police
Patrol
Community ReI8tions
Criminal investigations
Traffic Enforcement
Emergency Preparedness
FirelRescue
Planning
Zoning
Builcling Inspections
Code Enforcement
Economic Development
Occupational Licenses
Finance/Accounting
Purchasing
Risk Management
Infonnation Management
Personnel
Community Facilities
PaOOllBeautiflC8tion
ROWlMedian Maint.
Public WorKs
Mass Transit
Special Events
Recreation/Cultural
RELATIONSHIP TO CITY BOARDS
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The City Charter specifies how boards are established and that they report to the City
Council.
Section 3.11. City boards and agencies.
Except as otherwise provided by law, the Council shall establish or terminate such boards and agencies as it may
deem advisable from time to time. The boards and agencies shall report to the Council. Members of boards and agencies
shall be appointed by the Ma}U subject to the approval of the Council.
City Boards should function independently and provide recommendation to the entire City
Council and City Manager. Careful consideration should be taken before a board is
established. Every Board should have a stated purpose that fits into the framework of City
government and provides a link between the citizenry and the elected officials. A vision of
the City's general policy direction with a focus on specific responsibilities of an individual
board is necessary for an effective process.
The establishment of Boards have an impact on staff. The staff liaison normally serves as
the Council's representative to the Board. Staff members provide technical and
administrative assistance to the board as follows:
. Provide initial orientation and continuing education for board members.
. Supply background infonnation on agenda issues.
. When requested, make recommendations.
. Attend meeting in a non-voting capacity.
. Inform board members of City Council action.
. Take and distribute minutes and provide notification of meeting dates.
When boards are successful, it is because the members and staff have a clear
understanding of the board's purpose and they work together to achieve that purpose,
How It Works
1. City Council ,adopts Ordinance establishing Board, which at a minimum includes
membership requirements and duties of the Board.
2. Staff is assigned to Board and orientation session is held.
3. Board holds meetings, reviews policy issues and other matters under its jurisdiction and
makes reconmendation to the City Council.
4. The staff is utilized as the corrmunications conduit between the Board and Council to
facilitate the flow of infonnation.
5. The Board Chairperson may make special presentations to the City Council.
Advisory Board Do's and Don'ts -See Attachment
Sample Orientation Materials-See Attachment
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THE CHAIRMAN'S ROLE
Your most important duty is to learn your office.
A good chairman is on hand before a meeting begins with a copy
of the agenda; and when a quorum is present, calls the meeting
to order ON TIME!
You call the meeting to order with one rap of the gavel, and
you maintain order at all times.
You announce the next business in order, ~the next order of
business.
You place the business on the floor by stating and putting the
motion. You may, and often should, guide the wording of motions
and amendments, stating them in proper form.
You ask the recording secretary to call the roll on the motion,
announce the outcome and the result of the vote.
You do not allow frivolous or fractious motions - you state the
motion is out of order, or out of order at this time, NOT THE
MEMBER.
You may vote to make or break a tie or when your vote would
change the outcome; you vote on appeals to decisions of the
Chair, and a tie vote sU$tains the decision. otherwise a tie
vote is lost.
You refer to yourself as the Chair, or in the third person;
never as I, me or mine. The Chair must be kept impersonal since
the Chair is the symbol of authority of the assembly and
represents each and every member. By the same token, the
assembly must refer to the Chair by title and not by name.
Remember, any discourtesy to the Chair is impersonal a
discourtesy to the office and not to the person in the Chair.
You are fair and impartial at all times.
GOOD LUCK!
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ORDINANCE NO. 96-33
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING ADVISORY BOARD; PROVIDING
FOR CREATION, COMPOSITION AND QUALIFICATIONS;
TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND
RESPONSIBILITIES; RULES OF PROCEDURE;
JURISDICTION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE;
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Planning Advisory Board, to provide advice and recommendations to
the City Council on matters conceming planning, development and redevelopment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation. Composition and Qualifications.
A. There is hereby created and established the City of Aventura Planning
Advisory Board, (the "Board") consisting of seven (7) members who shall be appointed by
the Mayor, subject to the approval of the City Council. The City Council may increase the
size of the Planning Advisory Board for the purpose of establishing subcommittees as
provided in Section 4.C. of this Ordinance. Each member of the City Council may
recommend appointments to the Mayor. Members of the Board shall hold office at the
pleasure of the City Council. Members of the Board shall serve without compensation
and shall not be reimbursed for travel, mileage, or per diem expenses.
B. Each member of the Board shall be a qualified elector of the City of
Aventura who has continuously resided within the City for the six (6) month period
immediately prior to appointment, and shall not be an employee of the City. Any member
who ceases to reside within the City Limits during his or her term of office shall be
deemed to have resigned as of the date of his or her change of residence from the City.
In the event of the resignation or removal of any member of the Board, the Mayor shall
appoint a person to fill the vacancy on such Board for the unexpired portion of the term of
the member vacating such office, subject to approval of the City Council.
C. In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event that a member
has three (3) unexcused absences in a calendar year, then in that event such member
shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the
remaining members of the Board.
D. The City Manager shall provide necessary staff support for the Board. The
City Attorney shall serve as legal advisor to the Board.
Section 2. Term of Office. The initial term of office for members of the Board
shall be from the date of adoption of the Ordinance creating the Board until November 3,
1998. Thereafter, terms of office for members of the Board shall be for a period of one (1)
year, with eligibility for reappointment.
Section 3.
A. Rules of Procedure. The Board shall adopt rules of procedure in accordance
with Ordinance No. 96-09, as amended, pertaining to the conduct of quasi-judicial
proceedings and other rules of procedure which are not inconsistent with the Ordinances
of the City and the laws of the State of Florida. The Board shall utilize Robert's Rules of
2
Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings
of the Board, The Board may create additional rules for the conduct of its intemal
proceedings.
B. During the first meeting of the Board, the members shall elect one of their
number to act as Chairman and may elect a Vice-Chairman.
C. Four (4) members shall constitute a quorum for the transaction of business of
the Board. Each official action shall be taken by the Board only upon the vote of at least
four (4) of its members.
Section 4. Jurisdiction. The powers and duties of the Board shall be solely of
an advisory nature. Action of the Board shall be in the form of a written recommendation
of advice to the City Council and City Manager.
A. The following matters shall be within the advisory jurisdiction of the Board:
1. Provide recommendations relative to the preparation of the City's
Comprehensive Plan and related sub-elements;
2. Provide recommendations relating to the creation of the City's Land
Development Code and Zoning Code provisions;
3. Provide recommendations for amendments to existing City Zoning Code
provisions.
4. Provide recommendations relating to the formation of economic development
and redevelopment policy and creation of appropriate Comprehensive Plan
sub-elements.n
3
5. Other matters of planning assigned to the Board by the City Council.
B. The jurisdiction of the Board conferred pursuant to paragraph 4.A.1 above shall
not be effective until the City Manager initiates the Comprehensive Plan
preparation process.
C. The City Council may create sub-committees of the Planning Board to assist in
the preparation of the Comprehensive Plan. The appointments to the sub-
committees shall be in conformance with this Ordinance.
Section 5. All members of the Board shall be subject to the Standards of Conduct
for Public Officers and Employees set by Federal, State, County or other applicable law
pursuant to City Charter Section 7.03.
Section 6. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 7. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Council member Beskin, who moved its
adoption on first reading. The motion was seconded by Councilmember Perlow, and
upon being put to a vote, the vote was as follows:
4
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
no
yes
The foregoing Ordinance was offered by Council member Beskin, who moved its
adoption on second reading. The motion was seconded by Councilmember Rogers-
Libert, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Council member Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
absent
PASSED AND ADOPTED on first reading this 2nd day of July, 1996,
PASSED AND ADOPTED on second reading this 17th day of Dece j ber, 1996.
~.
ARTHUR I. SNYDE ~ ,M YOR
'n/]
~~~
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
-brW.Q{ ~
CITY A TIORNEY
5
(~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Eric M. Soroka, Ci
DATE: November 25,1996
SUBJECT: Recommendation for Process to prepareEomprehensive Pla~
December 3, 1996 City Council Agenda Item 0 - E
Recommendation
It is recommended that the City Council adopt, by motion, the enclosed process to
prepare the City's Comprehensive Plan. This process was discussed at the November
18, 1996 Workshop Meeting.
BackQround
Florida State Statute 163 requires newly-incorporated local governments to prepare and
adopt a Comprehensive Plan within three (3) years from the date of incorporation. The
preparation and adoption of the City's Comprehensive Plan is an important process that
is both time-consuming and data-gathering intensive. In order for the Plan to reflect
community values, extensive public input and hearings are required as part of the
process.
The Local Government Comprehensive Planning and Land Development Regulation
Act requires each Plan to contain the following elements:
1. Capital Improvements
2. Future Land Use
3. Traffic Circulation
4. Sanitary Sewer, Solid Waste, Drainage and Potable Water
5. Conservation
6. Recreation and Open Space
7. Housing
8. Coastal Management
9, Intergovernmental Coordination
In addition, a City may adopt additional optional elements. The City should consider
adopting redevelopment and economic development optional elements to address
certain areas of the City of interest to the City Council.
Memo to City Council
November 25, 1996
Page 2
The Plan and its elements also contain policy recommendations for the implementation
of the Plan and all its elements. All elements of the Plan must be based upon data
appropriate to the element. Goals and policies must be clearly based upon appropriate
data. Many of the Plan elements are inter-related.
Before the City can address full scale land use amendments or redevelopment issues,
it is important that the Plan is in place.
To insure that the City meets the established timetables and a professional and
effective Comprehensive Plan is produced, the following preparation process is
recommended:
1. Designate Planning Board to assist in Plan preparation or create two sub-
committees, as follows, to widen citizen input:
Infrastructure Committee
Capital Improvement Element
Sanitary Sewer, Solid Waste, Drainage and Potable Water
Conservation
Recreation and Open Space
Coastal Management
Growth Manaaement Committee
Future Land Use
Traffic Circulation
Housing
Intergovernmental Coordination
Economic Development/Redevelopment
2. Obtain services of Planning Consultant to coordinate activities and preparation of
the document.
3. Conduct "visioning session" with City Council, staff and committees to formulate
overall goals and City vision prior to Plan preparation.
4. Hold a series of community meetings throughout the City to obtain input and public
involvement in the Plan preparation process.
The process should begin in April 1997 in order to allow the necessary time to complete
the Plan in a timely manner. Once completed, the Plan must be submitted to the
County, Florida Department of Community Affairs and the South Florida Regional
Planning Council for review.
CC167-96
Comprehensive Plan Elements
1. Capital Improvements Element
The Comprehensive Plan must include principals and guidelines for the construction,
extension and increase in public facilities, estimated public facility costs, locations and
appropriate revenue sources, and standards to ensure the availability of public facilities,
Rule 9J-5 states that the purpose of the capital improvements element is to:
1) evaluate the need for public facilities identified in the other comprehensive
plan elements and defined in the applicable definitions for each type of public
facility;
2) estimate the cost of improvements for which the municipality has fiscal
responsibility;
3) analyze the fiscal capability of the municipality to finance and construct
improvements;
4) adopt financial policies to guide the funding of the improvements; and
5) schedule the funding and construction of any improvements in a manner
necessary to ensure that capital improvements are provided when required,
based on needs identified in the other Comprehensive Plan elements.
The element shall also include the requirements to ensure that an adequate
concurrency management system will be implemented by municipalities.
2, Future Land Use Element
A future land use plan element shall designate the proposed future distribution, use and
location of land for residential uses, commercial uses, industry, agriculture, recreation,
conservation, education, public buildings and grounds, and other public facilities.
Future land use patterns are to be depicted on the future land use map or map series
within the element.
The future land use plan shall be based upon surveys, studies, and data regarding the
area, including the:
1) amount of land required to accommodate anticipated growth;
2) projected population of the area;
3) character of undeveloped land;
4) availability of public services; and
5) need for redevelopment
1
3. Traffic Circulation Element
This plan element shall consist of the types, locations, and extent of existing and
proposed major thoroughfares and transportation routes, including bicycle and
pedestrian uses. It should be noted that municipalities with a population greater than
50,000 require additional transportation-related elements, dealing with mass transit, off-
street parking, etc.
The purpose of the traffic circulation element is to establish the desired and projected
transportation system in the jurisdiction and particularly to plan for future motorized and
non-motorized traffic circulation systems. Future traffic circulation systems are to be
supported by goals, objectives and policies, and are to be depicted on the proposed
"traffic circulation map or map series" within the element.
4. Sanitary Sewer. Solid Waste. Drainaae. Potable Water and Natural Groundwater
Aauifer Recharae Element
The local comprehensive plan must contain a general sanitary sewer, solid waste,
drainage, potable water and natural groundwater aquifer recharge plan.
The purpose of this element is to provide for necessary public facilities and services
correlated to future land use projections. Among other data and analysis requirements,
the element shall contain one or more policies for each objective addressed in the
element which address implementation activities for:
1) establishing priorities for replacement, correcting existing facility deficiencies
and providing for future facility needs;
2) establishing and utilizing "level of service standards" provided by facilities to
ensure that adequate facility capacity will be provided for future development;
3) establishing and utilizing potable water conservation strategies and
techniques;
4) regulating land use and development to protect the functions of natural
drainage features and natural groundwater aquifer recharge areas; and
5) establishing water quality standards for stormwater discharge.
5. Conservation
The local Comprehensive Plan must include elements for the conservation, use and
protection of natural resources, including: water, air, water recharge areas, wetlands,
wate rwells , marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors,
forests, fisheries and wildlife, marine habitat, minerals and other natural resources.
The purpose of the conservation element is to promote the conservation, use and
protection of natural resources. Among other requirements, the element shall contain:
2
1) one or more goal statements which establish the long-teon end toward which
conservation programs and activities are ultimately directed;
2) one or more specific objectives for each goal statement which address the
requirements of the Act, and which:
a) protect air quality
b) conserve, appropriately use and protect the quality and quantity of
current and projected water sources and waters that flow into
estuarine waters or oceanic water,
c) conserve, appropriately use and protect minerals, soils and native
vegetative communities, including forests, and
d) conserve, appropriately use and protect fisheries, wildlife, wildlife
habitat and marine habitat.
The conservation element must also include policies addressing the protection and
conservation of wetlands.
6. Recreation and Open Spaces
A recreation and open spaces element of the local Comprehensive Plan must provide
for a comprehensive system of public and private sites for recreation, including: natural
reservations, parks and playgrounds, parkways and public access ways, open spaces
and other recreational facilities.
The purpose of this element is to plan for a comprehensive system of public and private
recreation and open space sites which are available to the public.
7. Housino
A housing element of a local Comprehensive Plan must consist of standards, plans and
principles to be followed by any public or private entity (including the state and federal
governments) in the:
..
1) provision of housing for all current and anticipated future residents;
2) elimination of substandard dwelling conditions;
3) structural and aesthetic improvement of existing housing;
4) provision of adequate sites for future housing, with supporting infrastructure
and public facilities;
5) identification of historically significant and other housing for purposes of
conservation and provision for relocation housing;
6) formulation of housing implementation programs; and
7) creation or preservation of affordable housing to minimize the need for
additional services and avoid the concentration of affordable housing only in
specific areas.
3
The Department of Community Affairs shall conduct a needs assessment to assist
municipalities in housing data collection and analysis and assure uniform and
consistent information. Each municipality shall use this assessment as one basis for
the housing element.
8. Coastal Manaaement
For those "units of local government abutting the Gulf of Mexico or the Atlantic Ocean,
or which include or are contiguous to waters of the state where marine species of
vegetation constitute the dominant plan community," a coastal management element
must be included in the local Comprehensive Plan.
The purpose of the coastal management element is "to plan for and where appropriate
restrict development activities where such activities would damage or destroy coastal
resources, and protect human life and limit public expenditures in areas that are subject
to destruction by natural disaster."
9. Interaovernmental Coordination
A municipality's Comprehensive Plan shall be coordinated with the Comprehensive
Plans of adjacent municipalities, the county, adjacent counties and the region, IN
preparation of the local Comprehensive Plan, the governing body shall include a
specific policy statement indicating the relationship of the proposed development to the
Comprehensive Plans of adjacent municipalities, counties, etc.
10. Transportation Element
A municipality which has all or part of its jurisdiction included within the urbanized area
of a metropolitan planning organization (MPO) shall prepare and adopt a transportation
element consistent with the provisions of the Act and Rule 9J-5019. FAC. Rule 9J-
5.019 states that the transportation element shall replace the required plan elements
of: traffic circulation; mass transit; and ports, aviation, and related facilities. Within a
designated MPO area, the transportation element of the local Plan shall be coordinated
with the long-range transportation plan of the MPO, "The purpose of the transportation
element shall be to plan for a multimodal transportation system that places emphasis
on public transportation systems."
4