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06-03-2008 City Commission Susan Gottlieb, Mayor A '"!he City of ~ventura .~. City M;In~r Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Billy Joel Ten Holzberg Michael Stern Luz Urbaez Weinberg City aerk Teresa M. Soroka, MMC City Atto17lcV Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA JUNE 3, 2008 6 PM Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: Employee Service Awards 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: May 6, 2008 Commission Meeting May 15,2008 Workshop Meeting B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $110,000 FOR E-911 ENHANCEMENTS AND FOR THE PURCHASE OF CROWD CONTROL EQUIPMENT FROM POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. June 3, 2008 Commission Meeting D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF AVENTURA AND U. S. REPRESENTATIVE DEBBIE WASSERMAN SCHULTZ FOR OFFICE SPACE IN THE CITY OF A VENTURA GOVERNMENT CENTER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. NONE 7. ORDINANCES: FIRST READING - PUBLIC INPUT: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS REGULATIONS,TAXES AND PERMITS", BY CREATING ARTICLE IV" POLICE COST RECOVERY"; CONSISTING OF SECTION 18-80 "RECOVERY OF COSTS FOR FAILURE OF RESPONSIBLE PERSON TO APPEAR ON BEHALF OF BUSINESS"; PROVIDING A MECHANISM FOR THE RECOVERY OF COSTS INCURRED BY THE CITY POLICE DEPARTMENT UNDER CIRCUMSTANCES IN WHICH A CRIMINAL PROSECUTION IS ABANDONED, DISMISSED OR FAILS AS A DIRECT RESULT OF THE FAILURE OF A RESPONSIBLE PERSON TO APPEAR IN LAW ENFORCEMENT OR COURT PROCEEDINGS, ON BEHALF OF THE OWNER OR OPERATOR OF A BUSINESS ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 June 3, 2008 Commission Meeting 8. ORDINANCES: SECOND READINGIPUBLIC HEARING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA AMENDING THE CITY CODE BY AMENDING ARTICLE II "LOCAL BUSINESS TAXES"OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" BY AMENDING SECTION 18-32 "TERM OF RECEIPT; HALF YEAR RECEIPT; TRANSFER OF RECEIPT"; AMENDING SECTION 18-41 "HOME OCCUPATION RECEIPTS"; AND AMENDING SECTION 18-42 "TAX SCHEDULE" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 TO ESTABLISH NEW RATE STRUCTURES FOR LOCAL BUSINESS TAX RECEIPTS BY PROVIDING AN INCREASE OF UP TO TEN (10%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY OF A VENTURA COMPREHENSIVE PLAN BY ADDING AN 'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE 2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOLS AND FOR THE CITY OF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING EXISTING POLICY 4.18 TO POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT AND AMENDING THIS POLICY TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2007/08-2011/12 CAPITAL IMPROVEMENT PLAN; BY ADDING NEW POLICY 4.20 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO ANNUALLY EVALUATE THE MIAMI-DADE COUNTY PUBLIC SCHOOLS FACILITY WORK PROGRAM; BY AMENDING AND ADDING PUBLIC SCHOOL FACILITIES TO THE CONCURRENCY MANAGEMENT SECTION OF THE CAPITAL IMPROVEMENT ELEMENT; BY ADDING A NEW POLICY 1.21 TO OBJECTIVE 1 OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO EXECUTE AND FOLLOW THE PROCEDURES IN THE ADOPTED "AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITIES PLANNING IN MIAMI-DADE COUNTY AND TO COORDINATE THE ESTABLISHMENT OF LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO RENUMBER 3 June 3, 2008 Commission Meeting EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS - PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF A VENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2008/09 TO 2012/13 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION WORKSHOP JUNE 19,2008 9 A.M. COMMISSION MEETING JULY 1, 2008 6 P.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 The Qty of AVentura e, -,....:.r MINUTES CITY COMMISSION MEETING MAY 6,20086 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg Vice Mayor Zev Auerbach (arrived at 6:32 p.m.), Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Norman Leopold. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: ACES 6th grade student Amir Friedheim addressed the Commission regarding the reusable environmentally safe water bottles the school is offering for sale. Certificates of Appreciation were presented to the Business Tax Equity Study Advisory Board members by Mayor Gottlieb and Mr. Soroka. Mayor Gottlieb and Commissioner Diamond presented a Distinguished Citizen Award to Normal Leopold, Esq. Debora Rivera, P.E. representing the Florida Department of Transportation made a presentation regarding 95 Express/l-95 Express Lanes. 5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 5-C. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Joel, seconded by Vice Mayor Auerbach, passed unanimously and the following action was taken: A. The following minutes were approved: April 8, 2008 Commission Meeting April 17, 2008 Special Meeting April 17, 2008 Workshop Meeting B. Resolution No. 2008-20 was adopted as follows: A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2008-21 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE APRIL 22, 2008 MUNICIPAL SPECIAL MAIL-IN BALLOT ELECTION, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2008-22 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF SUFFOLK CONSTRUCTION COMPANY, INC. TO PERFORM CONSTRUCTION MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE AT RISK IN ACCORDANCE WITH ISQ NO. 08-04-18-2, ARTS AND CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. The following item was removed from the Consent Agenda and addressed separately: C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, REQUESTING MIAMI- DADE COUNTY TO CONSIDER ADOPTING CONSUMER PROTECTION MEASURES TO PROVIDE THAT RESTAURANTS MUST DISCLOSE THE PRICE OF FOOD AND BEVERAGE SPECIALS BEFORE ACCEPTING ORDERS FROM RESTAURANT PATRONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Joel. The motion for approval passed 6-1 with Mayor Gottlieb voting no and Resolution No. 2008-23 was adopted. Mayor Gottlieb left the meeting at this time. 6. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All 2 witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr. Weiss read the quasi-judicial proceedings and the following resolution by title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALES AND SERVICE OF WINE AND CHAMPAGNE AT THE CAVIAR & MORE! KIOSK IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Joel. Vice Mayor Auerbach opened the public hearing. The following individuals addressed the Commission: Sy Chadroff, Esq., 3000 Island Boulevard, Sara Friedman, and Mark Zaslovsky, representing the applicant. There being no further speakers, the public hearing was closed. An amendment was offered by Vice Mayor Auerbach and seconded by Commissioner Diamond to limit the wine amount per glass to four ounces. The amendment passed 5-1, with Commissioner Weinberg voting no. An amendment was offered by Commissioner Diamond, seconded by Commissioner Weinberg and unanimously passed to provide that in the event of violation, the City Manager may revoke the conditional use, and alcohol may be served to seated patrons only and must be served with food. The motion for approval, as amended, passed unanimously (6-0) and Resolution No. 2008-24 was adopted. Mayor Gottlieb returned to the meeting at this time. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE FOR FOREVER 21 RETAIL INC. ON PROPERTY LOCATED AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. Ms. Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Commissioner Holzberg, and seconded by Commissioner Joel The motion for approval passed unanimously (6-0 with Commissioner Diamond absent from the room) and Resolution No. 2008- 25 was adopted. 3 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY CODE BY AMENDING ARTICLE II "LOCAL BUSINESS TAXES"OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" BY AMENDING SECTION 18-32 "TERM OF RECEIPT; HALF YEAR RECEIPT; TRANSFER OF RECEIPT"; AMENDING SECTION 18-41 "HOME OCCUPATION RECEIPTS"; AND AMENDING SECTION 18-42 "TAX SCHEDULE" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 TO ESTABLISH NEW RATE STRUCTURES FOR LOCAL BUSINESS TAX RECEIPTS BY PROVIDING AN INCREASE OF UP TO TEN (10%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Auerbach and seconded by Commissioner Weinberg. Thomas Oliveri, Chair of the Advisory Board, addressed the Commission and reported on the action of the Board and its recommendations. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2007/2008 FISCAL YEAR BY REVISING THE 2007/2008 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Auerbach, and seconded by Commissioner Weinberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2008- 09 was enacted. B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr. Weiss read the following ordinance by title: 4 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2008/2009 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, and seconded by Commissioner Stern. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2008-10 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA NAMING THE 1.5 ACRE PARK LOCATED ON 213TH STREET AS THE GEORGE J. BERLIN MEMORIAL PARK IN HONOR OF GEORGE J. BERLIN; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel, and seconded by Commissioner Stern. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Susan and Emily Shalev, Mr. Berlin's daughter and granddaughter. There being no further speakers, the public hearing was closed. A motion to table this matter was offered by Vice Mayor Auerbach, seconded by Commissioner Holzberg and unanimously passed. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: None. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting 5 adjourned at 8:45 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 6 A~ City Ii .nventtlra a .. '...",,;,., MINUTES CITY COMMISSION WORKSHOP MEETING MAY 15,20089 A.M. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9 a.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Zev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. (Some items taken out of order) 4. PRESENTATION STATE ATTORNEYS OFFICE COMMUNITY OUTREACH PROGRAMS: Leslee Landau, Administrator, Community Outreach Division of the State Attorneys Office, addressed the Commission regarding the community outreach efforts of the State Attorney's Offrice. CITY MANAGER SUMMARY: No action necessary. 2. POLICE COST RECOVERY ORDINANCE (City Manaqer): Mr. Soroka and the Police Chief explained the proposed legislation which would provide for cost recovery for responding to and investigating certain police matters for businesses within the City. CITY MANAGER SUMMARY: Consensus to proceed with first reading of ordinance at June Commission meeting. 1. CAPITAL IMPROVEMENT PROGRAM 2008-2013 (City Manaqer): Mr. Soroka presented the proposed program to the Commission. CITY MANAGER SUMMARY: Consensus to approve and consider resolution at June Commission meeting. 3. ADOPTION OF NO SMOKING BAN IN CITY PARKS (Commissioner Stern): Mr. Wolpin noted that unfortunately this matter is pre-empted by state law and the City would not be able to regulate this matter. He suggested that the Commission's concerns be forwarded to the Miami-Dade County League of Cities, the City's lobbyist and state representatives for discussion with the state legislature during the next session to either allow municipalities to regulate smoking in parks or ban smoking in public parks. CITY MANAGER SUMMARY: Consensus to proceed as recommended. 5. REQUEST TO AUTHORIZE STUDY OF SHUTTLE BUS SERVICE TO INCREASE AND EXPEDITE RIDERSHIP TO THE MALL (Vice Mayor Auerbach): Vice Mayor Auerbach discussed the need to increase usage of the City's Shuttle Bus Service, in particular to the mall and promote Saturday usage. He recommended that the City survey residents to ascertain if they would utilize the service if the bus came every 15 minutes. CITY MANAGER SUMMARY: Consensus to conduct survey via City's newsletter and CitySpeak to ascertain the need for increased usage on Saturday. 6. CITY MANAGER REVIEW (Commissioner Joel): Commissioner Joel presented his recommendations for the City Manager's evaluation. CITY MANAGER SUMMARY: Consensus to approve. 7. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 10:50 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: May 13, 2008 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City SUBJECT: Disbursement of Police Forfeiture Funds June 3, 2008 City Commission Meeting Agenda Item {)-8 RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $110,000 for E-911 enhancements and for the purchase of crowd control equipment from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/act Attachment CC01618-08 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM FROM: Eric M. Soroka, City Manager ~ - ven tein~Chiefcl Pclice TO: DATE: 5 May, 2008 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: E-911 Enhancements Crowd Control Equipment $75,000 $35,000 Total Expenditure Request: $110,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary E911 Enhancement - - This request would cover up to $75,000 towards the cost of software, hardware and other items needed to enhance our current E911 system. These enhancements would give our E911 system a direct interface with the Miami-Dade County Fire E911 system eliminating the need for phone communication between our agencies as is currently being done. It would transmit "real time" data directly to the Miami-Dade Fire department system. This enhancement would also allow "real time" data to be transmitted directly to the responding Fire Rescue units via their mobile in vehicle computers. Crowd Control Equipment - This equipment purchase would supply crowd control equipment to each sworn officer within the agency. The equipment would consist of helmets, shields, batons and chemical agents that would allow officers to respond to crowd and/or riot situations with proper protective equipment. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Cit~ TO: City Commission DATE: May 13, 2008 SUBJECT: Resolution Declaring Equipment Surplus June 3, 2008 Commission Meeting Agenda Item 5'-~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain computer equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment CC01617-08 RESOLUTION NO. 2008-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. adoption. The foregoing Resolution was offered by Commissioner adoption. This motion was seconded by Commissioner put to a vote, the vote was as follows: This Resolution shall become effective immediately upon its who moved its , and upon being Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. 2008-_ Page 2 PASSED AND ADOPTED this 3rd day of June, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFIYffiNCY: CITY {;;!J:v~ .~ Date: May 6, 2008 To: Eric Soroka, City Manager From: Julie Aim, Principal Re: Surplus 29 computers Please see attached memQ inc;luding all serial numbers of computers that out of warranty and have been replaced.We are requesting approval to surplus. Thank you ABC D E 1 Model # i Serial # : COA # I Monitor KB/Mouse -~~~---------~_._------.~---+---~-~-+----~._-,."._._._.._~._..,-_.._-~._-~---,_.__. 2 OptiPlex GX260 i 56xgx21 . 1762, Y . 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Y 25 OptlPlex GX260-tc5s9x21-----.-~t-~--1783!Y--~----.-.--jy-.-.. 26~PtiP~~GX260--T5fsgx21----==-1__~ 1809 i Y ~-==~__ jy ... ~_=~==~~=_ 27 ~ptiPlex GX2~O_ !67sg~~__u~ I 1800fy______Jyu ...__~__ 28 Qp.!!~_'_~~~X260 _Jf.4sgx21 ~__~_~ 18181 Y ~_~_jy.~___ 29 OptiPlex GX260 i 86sgx21 I 18211 Y I Y ______.~___~___~___. ---1---.--- . ... - . .-"'-~r------n_. 30 OptiPlex GX260 i sks x21 I 1746!. i Y AGENDA ITEM 5-D RESOLUTION NO. 2008-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Employment Agreement (the "Agreement") between the City Manager and the City of Aventura (the "City") provides for an annual evaluation of the performance of the City Manager in accordance with Section 1.4 of the Agreement; and WHEREAS, the City Commission has conducted an evaluation of the City Manager's performance and finds that the City Manager's performance is excellent; and WHEREAS, the City Commission desires to grant a merit bonus and other benefits to the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. Effective June 3, 2008, the City Manager is hereby granted a net bonus of $15,000. Section 2. The Sixth Amendment to Employment Agreement, a copy of which is attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized, in their respective capacities, to execute such Sixth Amendment to Employment Agreement on behalf of the City. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. 2008- Page 2 PASSED AND ADOPTED this 3rd day of June, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFlytENCY: CITYt;!~~ ~ SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT THIS SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 3rd day of June, 2008, by and between the City of Aventura (the "City") and Eric M. Soroka, City Manager ("Soroka" or "City Manager"). WHEREAS, on April 19, 1996, the parties entered into the Employment Agreement (the "Agreement") providing the terms and conditions of Soroka's employment as City Manager of City, which Agreement was amended on July 21,1997, June 4,2002; June 1, 2004, June 7,2005 and June 6,2006. WHEREAS, in accordance with the annual evaluation conducted by the City Commission pursuant to Section 1.4 of the Agreement, the parties desire to further amend the Agreement as provided in this Sixth Amendment to Employment Agreement (the "Sixth Amendment to Agreement"); and NOW, THEREFORE AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND CITY MANAGER AGREE THAT THE AGREEMENT, AS PREVIOUSLY AMENDED, IS HEREBY FURTHER AMENDED, AS FOLLOWS: Section 1. That Section 1.7 "Transportation Allowance" of the Agreement, is hereby amended by increasing the monthly transportation allowance by $250 per month. Section 2. That Section 1.5 "Retirement Benefits" of the Agreement is hereby amended by modifying the yearly Retirement Contribution to an amount equal to the annual IRS maximum for the ICMA 401 plan. Section 3. City and City Manager further agree that all other terms and conditions contained in the Amended Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and City Manager have caused this Sixth Amendment to Agreement to be signed and executed, in duplicate, the day and year first above written. City Manager City of Aventura Eric M. Soroka Susan Gottlieb, Mayor Attest: Approved as to form and legal sufficiency: Teresa M. Soroka, MMC, City Clerk City Attorney CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: City Commission DATE: May 16, 2008 SUBJECT: Lease Agreement for Office Space at Government Center for Congresswoman Debbie Wasserman Schultz June 3,2008 City Commission Meeting Agenda Item s--F.: RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the Lease Agreement for office space at the Government Center for Congresswoman Debbie Wasserman Schultz. This is a renewal of the current lease. BACKGROUND In the past, the City has made available office space to the Federal District Congressman and other State officials. This lease is being renewed for one year to coincide with the end of the constitutional term of Congress to which she was elected. The Agreement is a standard lease that has been prepared by the U.S. Government. If you have any questions, please fee free to contact me. EMS/act Attachment CC01621-08 RESOLUTION NO. 2008-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF AVENTURA AND U. S. REPRESENTATIVE DEBBIE WASSERMAN SCHULTZ FOR OFFICE SPACE IN THE CITY OF AVENTURA GOVERNMENT CENTER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Lease Agreement between the City of Aventura and U. S. Representative Debbie Wasserman Schultz for office space in the City of Aventura Government Center. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner _, who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. 2008- Page 2 PASSED AND ADOPTED this 3rd day of June, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFlytENCY: HV1~ ~ CITY ATTORNEY MAY 13 2008 10:52 FR WASSERMAN SCHULTZ 354 4374776 TO 3053323664 P.OI/OI V.s. J{ouse of ~presentat1'ves Washington, D.C. 20515 District omco LBasB (version 1.10) Pursuant to 2 U.S.C. ~ 57. and the Regulations of the Committee on House Administration (as modified from time to time by districts, Committee Order) relating to office space in home City of Aventllra ' 19200 W. Country Club Drive; (landlord's name) (landlord's street address, city, ("LESSOR"), and the Honorable Debbie Wassennan Schultz ) a Member of the Representatives ("LESSEE"), agree as follows: state, zip code) U.S. House of 1. LESSOR shall lease to LESSEE the city of A ventura 2. LESSEE shall have and hold the leased premises for the period beginning January 1, , 200L and ending January 2. . 200~. The tcnn of this District Office Lease ("LEASE") may not exceed two years and may not extend beyond January 2, 2009, which is the end of the constitutional tenn of the Congress to which the Member is elected. square feel of oftice space located at 19200 W. Country Club Dr. in 3. The monthly rent shall be $ 00 .~ and is payable on or before the last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily basis for any fraction of a month of occupancy. 4. This LEASE may be terminated by either pany giving ~ days written notice to the other party. The commencement date of such termination nptice shall be the: date such notice is delivered or, if mailed, the date such notice is postmarked. 5. During the effective tenn of this LEASE, rent payments under paragraph 3 shall be remitted to the LESSOR by the Chief Administrative Officer ofthc: U.S. House of Representatives ("CAO") on behalf of the LESSEE. 6. The District Office Lease: Attachment attached hereto is incorporated herein by reference, and this LEASE shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment. 7. Any amendments, additions, or modifications to this LEASE inconsistent with paragraphs 1 through 6 above shall have no force or effect to the extent of such inconsistency. 8. This LEASE is entered into at fair m:lrket value as (he result of a bona fide, arms-length. marketplace transaction. (Date) _~i~ ~ S:hu.L k::: Print Name (LESSEE / Member ofCongrcss) !J~/::::::~- ~ I(~~t:mt Print Name (LESSOR / Landlord) LESSOR Signature This District Office Lease must be accompanied by an executed District Office Lease Attacnrne/lt. ** TOTAL PAGE.OJ ** CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: May 15, 2008 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City SUBJECT: Police Cost Recovery Ordinance 1st Reading June 3, 2008 City Commission Meeting Agenda Item ~ 2nd Reading July 1, 2008 City Commission Meeting Agenda Item RECOMMENDATION Based upon information provided by the Police Department, it is recommended that the City Commission adopt an Ordinance to create a mechanism which permits the City to recover the costs incurred by the Police Department, including costs incurred in responding to a suspected crime scene, investigating and reporting suspected crime, apprehending and/or transporting persons accused of committing crimes, and assisting the prosecuting authorities in connection with the prosecution of crime, in those circumstances in which criminal prosecutions are abandoned, dismissed or fail as a direct result of the failure of the responsible person of a business establishment to appear as required by law. This Ordinance, by the creation of a cost recovery mechanism, will serve to mitigate the financial harm which is caused to City law enforcement resources by the failure of responsible persons to appear as required by law. This matter was discussed at the May Commission Workshop meeting. If you have any questions, please feel free to contact me. EMS/act Attachment CC01619-0B ORDINANCE NO. 2008 - AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS REGULATIONS,TAXES AND PERMITS", BY CREATING ARTICLE IV" POLICE COST RECOVERY"; CONSISTING OF SECTION 18-80 "RECOVERY OF COSTS FOR FAILURE OF RESPONSIBLE PERSON TO APPEAR ON BEHALF OF BUSINESS"; PROVIDING A MECHANISM FOR THE RECOVERY OF COSTS INCURRED BY THE CITY POLICE DEPARTMENT UNDER CIRCUMSTANCES IN WHICH A CRIMINAL PROSECUTION IS ABANDONED, DISMISSED OR FAILS AS A DIRECT RESULT OF THE FAILURE OF A RESPONSIBLE PERSON TO APPEAR IN LAW ENFORCEMENT OR COURT PROCEEDINGS, ON BEHALF OF THE OWNER OR OPERATOR OF A BUSINESS ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENAL TY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, based upon information provided by the police department of the City of A ventura ("City"), the City Commission finds that it is necessary to create a mechanism which permits the City to recover the costs incurred by the City's police department, including costs incurred in responding to a suspected crime scene, investigating and reporting suspected crime, apprehending and/or transporting persons accused of committing crimes, and assisting the prosecuting authorities in connection with the prosecution of crime, in those circumstances in which criminal prosecutions are abandoned, dismissed or fail as a direct result of the failure of the responsible person of a business establishment to appear as required by law; and WHEREAS, this Ordinance, by the creation of a cost recovery mechanism, shall serve to mitigate the financial harm which is caused to City law enforcement resources by the failure of responsible persons to appear as required by law; and WHEREAS, the City Commission has held the required public hearing, duly noticed in accordance with law; and Ordinance No. 2008- Page 2 WHEREAS, the City Commission finds that this proposed Ordinance serves to further enhance the protection of the public health, safety and welfare and to protect and preserve limited public resources. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 18 "Business Regulations, Taxes, and Permits" of the City Code, is hereby amended by creating Article IV "Police Cost Recovery", consisting of Section 18-80 "Recovery of Costs for Failure of Responsible Person to Appear on behalf of Business," to read as follows: ARTICLE IV. POLICE COST RECOVERY Section 18-80. Recovery of Costs for Failure of Responsible Person to Appear on behalf of Business. a) Definitions. The following terms used in this section shall have the meaning ascribed to them in this paragraph unless the context requires otherwise. (i) Business Owner or Operator: the owner or operator of a business establishment which is operating within the City or which holds a Local Business Tax Receipt issued by the City, which business is the victim, subject, complainant, reporter or is the site of the suspected commission of criminal activity or transactions, and which activity or transaction is within the jurisdiction of the City police department, and who, as a business owner or operator, may be liable for Costs Incurred upon a Responsible Person's Failure to Appear as provided by this section. 2 Ordinance No. 2008- Page 3 (ii) City: the Florida municipal corporation situated within Miami-Dade County, Florida, and known as the City of A ventura, Florida; (iii) Costs Incurred: any and all monetary costs directly incurred by the City in relation to the investigation, enforcement or prosecution of suspected criminal activities or transactions which has been complained of, witnessed or reported by a Responsible Person or concerning which a Responsible Person is required to appear at Court Proceedings. (iv) Court Proceedings: any law enforcement, prosecutorial or judicial proceedings related to the reporting, filing, initiation or maintenance of a complaint or charge concerning a criminal prosecution, including but not limited to State Attorney intake and pre- filing proceedings, filing of criminal proceedings, depositions, or court appearances; (v) Criminal Charge is Abandoned, Dismissed or Fails: when a criminal complaint or charge is abandoned, declined to be filed or further prosecuted by the State Attorney or is dismissed by the State Attorney or by the court or a verdict of "not guilty" is made or directed by the court, directly upon the basis of the Failure to Appear of a Responsible Person. (vi) Failure to Appear: the failure of a Responsible Person to appear in Court Proceedings or to comply with the requirements of this section, under circumstances in which the Criminal Charge is Abandoned, Dismissed or Fails. (vii) Person: any natural person, individual, firm, partnership, association, or corporation; (viii) Responsible Person: the person who, as a Business Owner or Operator, or who, as an employee, officer or agent of a Business Owner or Operator, furnishes information to police, initiates a report or files a complaint upon or concerning suspected criminal activities or transactions upon behalf of any Business Owner or Operator or concerning an incident in which it is 3 Ordinance No. 2008- Page 4 reported by such person that criminal activities or transactions within the police jurisdiction of the City may have occurred at or concerning the place of business or in connection with the activities or transactions of the business establishment. The term "Responsible Person" includes, but is not limited to, victims and witnesses; (ix) State Attorney: the regular or specially assigned prosecuting attorney for the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. b) Service Charge Imposed. Pursuant to the City's authority under its constitutional home rule powers, as codified in Section 166.021, Florida Statutes, and as also authorized by Section 166.201, Florida Statutes, a service charge in the full amount of the City's Costs Incurred is hereby imposed upon the Business Owner or Operator, in the event that a Criminal Charge is Abandoned, Dismissed or Fails as a direct result of a Responsible Person's Failure to Appear in Court Proceedings. The identity of each Responsible Person may be noted in the applicable offense report or in a supplemental report. A written certification by the State Attorney, court administrator or the City's Police Chief that a Criminal Charge is Abandoned, Dismissed or Fails as a direct result of the Failure to Appear of a Responsible Person shall be prima facie evidence that the Costs Incurred are the obligation of the Business Owner or Operator pursuant to this section. c) Computation of Costs. The City's finance director shall calculate the Costs Incurred by the City's police department, based upon pertinent information provided in writing by the Police Chief or his designee. d) Appeal of Finance Director's Determination. Any person aggrieved by a decision of the finance director concerning the calculation of Costs Incurred as required by this section, may appeal the matter to the City Manager. The aggrieved person shall have ten (10) days from receiving the written decision of the City's finance director to file a written appeal to the City 4 Ordinance No. 2008- Page 5 Manager. The written appeal shall specify as to whether review is sought as to the liability of the Business Owner or Operator and/or as to the calculation of the Costs Incurred. The City Manager may accept, reject, or modify the decision of the City's finance director, based upon the scope of review requested and upon a review of the information provided to the City Manager and his or her findings as to whether or not the Business Owner or Operator is, pursuant to the intent, purposes and requirements of this section, liable for the Costs Incurred and as to whether the amount of the Costs Incurred has been correctly calculated. The City Manager shall find that the Business Owner or Operator is not liable for the Costs Incurred in the event that the Business Owner or Operator demonstrates that: (1) the Responsible Person no longer served as an employee, agent or servant of the Business Owner or Operator at the time of the Failure to Appear; or (2) the Responsible Person's Failure to Appear occurred solely because the Responsible Person did not receive a notice or subpoena to appear at Court Proceedings, if such notice or subpoena was required by law; or (3) the Responsible Person's Failure to Appear was not caused by the negligent, reckless or intentionally wrongful conduct of the Responsible Person and was unavoidable . Any person aggrieved by a decision of the City Manager may timely seek judicial review of the matter in a court of competent jurisdiction to the extent and manner authorized by applicable law. e) Liability; Collections. Each Business Owner and Operator on whose behalf a Responsible Person has Failed to Appear as required by this section, shall be jointly and severally liable to the City for the Costs Incurred as a result of such Failure to Appear. Costs Incurred pursuant to this section may be collected by the City pursuant to the following procedure: (i) The service charge imposed by the City for the Costs Incurred shall be due and payable not later than thirty (30) days after the date ofthe mailing or hand delivery of the City's 5 Ordinance No. 2008- Page 6 invoice to the Business Owner or Operator for cost recovery, and said due date shall be indicated upon the invoice of the City. (ii) If such service charges are not fully paid by the Business Owner or Operator on or before the past due date, a late fee of five (5) percent shall be imposed by City and shall be added to the outstanding invoice. Unpaid balances of Business Owners or Operators for such service charges and late fees shall be subject to an interest charge at the rate of one (1 %) percent per month in accordance with the provisions of paragraph (iii) below. Imposition of said interest charge shall commence for any delinquency existing thirty (30) days after the past due date of the invoice and shall continue to accrue until all service charges, late fees and interest charges are paid. (iii) Service charges and late fees, together with any interest charges, shall be debts due and owing to the City and such debts shall be recoverable by the City or its assignee, in any court of competent jurisdiction. f) Implementation. The City Manager and Police Chief, with any necessary assistance from the City Attorney, are authorized to develop and implement forms for the efficient administration and implementation of this section. Section 3. Severability. That the proVIsIOns of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered to 6 Ordinance No. 2008- Page 7 accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Penaltv. That any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F .S., as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction or as authorized by Section 162.22, F .S. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. , who moved its , and The foregoing Ordinance was offered by Commissioner adoption on first reading. This motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb who moved and The foregoing Ordinance was offered by Commissioner its adoption on second reading. This motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb 7 Ordinance No. 2008- Page 8 PASSED AND ADOPTED on first reading this 3rd day of June, 2008. PASSED AND ADOPTED on second reading this rday of July, 2008. ATTEST: Teresa M. Soroka, MMC City Clerk Susan Gottlieb, Mayor Approved as to Form and Legal Sufficiency: rv<~ City Attorney 8 CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City BY: ~~fian K. Raducci, Finance Su DATE: April 17, 2008 Director SUBJECT: Adoption of a Reclassification and Revision Ordinance that governs the City's Local Business Tax Receipt process 1st Reading May 6, 2008 City Commission Meeting Agenda Item ~ 2nd Reading June 3, 2008 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Reclassification and Revision Ordinance that governs the City's Local Business Tax Receipt process. BACKGROUND In 2007, the Florida Legislature passed a law permitting local governments to reclassify and restructure the rates of Local Business Tax Receipts. In order to adopt a reclassification and revision ordinance that governs the City's Local Business Tax Receipt process, the City Commission on March 4, 2008, passed and adopted Ordinance No. 2008-06 establishing an Equity Study Board which served as the Equity Study Commission (ESC). On February 5, 2008, the City Commission passed and adopted Resolution No. 2008-13 appointing seven (7) Board Members to the ESC, representing the City's business community. In addition, the ESC was assisted by the following City staff: City Manager, Finance Support Services Director, Planning Director, City Attorney and City Clerk. In response to this new legislation, the Finance Support Services Department prepared an analysis that supported and outlined proposed changes/deletions of the City's Local Business Tax Receipts Classification Schedule and Local Business Tax Receipts. - As part of that analysis, other local governments were contacted for samples of various ordinances and rate structures. The following cities were utilized in our analysis 1 --- because of both their closeness in proximity to our City as well as their similar business environment: 1. City of Hallandale Beach 2. City of North Miami Beach 3. City of Pembroke Pines Purpose of the Business Tax Equity Study Commission The ESC examined and reviewed the Business Tax Receipts Ordinance (Chapter 18 of the City's Code of Ordinances) regarding classifications and rate structure and recommended various revisions. The ESC was guided by the following objectives in formulating its recommendations: 1. The ESC reviewed the businesses, professions and occupations within each classification and recommended any reclassifications, new classifications and deletions. 2. The ESC reviewed the rates of each classification and recommended any fee changes necessary to establish equity between the rates for such classifications. 3. After considering objectives 1 - 2 above, the ESC proposed a rate structure that wi II generate an aggregate reven ue increase of no more than ten (10%) in revenue for Local Business Tax Receipts for the fiscal year beginning October 1, 2008. The additional revenue shall be generated from rate structure changes applied to the existing Local Business Tax Receipts or increases in variable factors such as assets, value of inventory, number of employees, etc. .~ 2 - Proposed Changes/Deletions in City Code The proposed additions to existing City Code text are indicated by underline; proposed deletions from the existing City Code text are indicated by strikethrough; presently existing text is indicated by the absence of any underlininq or strikethroughs. Chanaes Sec. 18-32. Term of receipt; half year receipt; transfer of receipt New Proposed LanQuaQe (b) Any receipt may be transferred with the approval of the City Manager or his designee when there is a bona fide sale and transfer of the business and the property used and employed therein as stock in trade, and not otherwise. Such transfer shall be made within 30 days after such bona fide sale has taken place. If the provisions of this section are not strictly and completely complied with in every respect, the receipt pertaining to the business shall be null and void and of no further effect. Such transfer shall take effect upon payment of a transfer fee of ~ up to 10 percent of the annual tax, but not less than $3 nor more than $25 and after presentation of evidence of both the sale and of the original receipt. - (c) Upon written request and presentation of the original receipt, any receipt may be transferred from one location to another location upon payment of a transfer fee of ~ up to 10 percent of the annual tax, but not less than $3 nor more than $25 and upon verification that such use is permitted by the zoning district regulations at the new location. Sec. 18-41. Home occupation receipts New Proposed LanQuaQe (b2) Initiate and receive business communications by telephone.!. Gf-fax or electronic means. Sec. 18-42. Tax schedule See Proposed Tax Schedule (attached Ordinance) The proposed tax classification schedule includes an across-the-board increase of 10%. The Finance Support SeNices Department utilized information based on the number of ,- existing business tax receipts of each classification/description to project the affect that the tax increase would have on the total business tax receipt revenues. 3 - Proposed Changes/Deletions in City Code (continued) Deletions See the Tax Schedule found in the body of the ordinance. All the text marked with a strikethrough are being recommended for deletion by the ESC because they are either not utilized, specifically precluded by the City's Current Code (e.g., Peddler or street vendor) or they appear to have been inadvertently duplicated on the original Tax Schedule. Calculation of Maximum Allowable Increased Revenue Below is an illustration of the calculations used to determine the maximum allowable increased revenue which may be generated in 2008/09 as a result of adoption of a revised Business Tax Receipt classification and rate schedule. Total projected revenue for 2008/09 2006/07 Actual Revenue $ 706,917 (85,080) 621,837 62,184 $ 684,021 Business business tax receipt revenue per 2006/07 Audit Less: prior year revenues and other adjustments collected in 2006/07 Adjusted 2006/07 business tax receipt revenue Florida Statute 205.0535 allowable increase (10% of revenue base) Revisions Please note that the proposed revisions have been reviewed by the City Attorney and are in accordance with statutory requirements. If you should have any questions related to this memorandum, please feel free to contact the City Manager. ,.,,,~ BKR/bkr 4 ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA AMENDING THE CITY CODE BY AMENDING ARTICLE II "LOCAL BUSINESS TAXES"OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" BY AMENDING SECTION 18-32 "TERM OF RECEIPT; HALF YEAR RECEIPT; TRANSFER OF RECEIPT"; AMENDING SECTION 18-41 "HOME OCCUPATION RECEIPTS"; AND AMENDING SECTION 18-42 "TAX SCHEDULE" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 TO ESTABLISH NEW RATE STRUCTURES FOR LOCAL BUSINESS TAX RECEIPTS BY PROVIDING AN INCREASE OF UP TO TEN (10%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2007, the Florida Legislature enacted Senate Bill 1178 that amended Sections 205.053 and 205.0535, Florida Statutes, to provide that by October 1, 2008, any municipality that had adopted a local business tax after ~ October 1, 1995 could, by ordinance, reclassify businesses, professions and occupations and could establish new rate structures; and WHEREAS, state law provides that prior to the adoption of a reclassification and revision ordinance, the City is required to establish an equity study commission and appoint its members; and WHEREAS, on March 4, 2008, the City Commission established the Aventura Business Tax Equity Study Advisory Board (the "Equity Study Advisory Board") to serve as the equity study commission and established procedures for appointment of members, a timetable and rules of procedure governing the Equity Study Advisory Board in the conduct of its business; and ."'~. Ordinance No. 2008-_ Page 2 ..y!......... WHEREAS, on February 5, 2008, the City Commission appointed representatives of the business community within the City to serve as members of the Equity Study Advisory Board; and WHEREAS, after holding four public meetings, the Equity Study Advisory Board has recommended a new Business Tax Receipt classification and rate structure; and WHEREAS, the City Commission finds that adoption of this ordinance will be in the best interests of the residents of the City. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS1 Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. .~ Section 2. Chapter 18 of City Code Amended. That Article II "Local Business Taxes" of Chapter 18 "Business Regulations, Taxes and Permits" of the City Code, is hereby amended to read as follows: Sec. 18-32. Term of receipt; half year receipt; transfer of receipt; (a) Receipts issued under this article shall expire on September 30 of each year. No receipt shall be issued for more than one year. For each receipt obtained between October 1 and April 1, the full tax for one year shall be paid, and for each receipt obtained between April 1 and September 30, one-half the full tax for one year shall be paid. (b) Any receipt may be transferred with the approval of the City Manager or his designee when there is a bona fide sale and transfer of the business and the property used and employed therein as stock in trade, and not otherwise. Such transfer shall be made within 30 days after such bona fide sale has taken place. If the provisions of this section are not strictly and completely complied with in every respect, the receipt pertaining to the business shall be null and void and of no .......-., 1/ Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing City Code text are indicated by strikethrough; presently existing text is indicated by the absence of any underlining or strikethroughs. 2 Ordinance No. 2008-_ Page 3 ,~ ,,,,.-... further effect. Such transfer shall take effect upon payment of a transfer fee of ~ up to 10 percent of the annual tax, but not less than $3 nor more than $25 and after presentation of evidence of both the sale and of the original receipt. (c) Upon written request and presentation of the original receipt, any receipt may be transferred from one location to another location upon payment of a transfer fee of ~ up to 10 percent of the annual tax, but not less than $3 nor more than $25 and upon verification that such use is permitted by the zoning district regulations at the new location. Sec. 18-41. Home occupation receipts. (a) Generally. For purposes of this section, the term "home occupation" shall mean a business or occupation conducted for limited business activities. In any instance where a residential unit is used to conduct a home business consistent with this section, a home use receipt shall be required. No home use business receipt issued pursuant to this article shall be transferable, assignable or otherwise alienable. (b) Permitted activities. The following limited business activities are permitted subject to a home use receipt being issued: (1) Post and receive correspondence of a business nature. (2) Initiate and receive business communications by telephone~ €)f fax or electronic means. Sec. 18-42. Tax Schedule For the purposes of this article, inventory shall mean the average selling value of annual inventory owned by the business, exclusive of excise tax. Local business taxes for the following business, occupation and/or professions are hereby levied and imposed: Abstract, land title, title insurance, property closing Adult care facility Adult congregate living facility Advertising--products and services Airpl3ne de31er or m3nufacturer $ 100.00 $ 110.00 100. 00 110.00 100.00 110.00 150.00 165.00 120.00 3 Ordinance No. 2008- - Page 4 ......... Alcoholic beverage business establishment 100.00 110.00 Ambulance service 100.00 110.00 Amusement center 500.00 550 00 Amusement center over 100 machines, each machine 7.00 7.70 Amusement machines distributor 150.00 Amusement machines, each machine as accessory use 1000 44.00 Amusement park 1,000.00 Animal grooming 50.00 5500 Animal clinic/hospital 7500 82.50 Animal exhibition 150.00 16500 Animal kennel 60.00 66.00 Answering service 100.00 110.00 Antique shop 125.00 137.50 ~ Apartment, each unit over 2 3.50 3.85 Archery range 1,000.00 Armored car 100. 00 Auction shop/auctioneer 200. 00 220.00 Astrologer, psychic, fortuneteller 500.00 Auto driving school 100.00 110.00 Auto dealer 350 00 Auto parking, storage, garage or parking lot 100 00 110.00 Auto detailing, car wash or wax 100.00 110.00 Auto repair and/or service shop 100.00 110.00 Auto paint and body shop 100.00 110.00 Auto mechanical repairs 100.00 110.00 Auto service station 200.00 220.00 4 Ordinance No. 2008-_ Page 5 .'~ Auto used C3r de31er 350.00 Auto, truck, trailer, boat renting service, each vehicle Auto fuel dispenser not located at automotive service st3tion 50.00 55.00 15.00 Auto tag agency Bakery-retail 50.00 5500 100.00 110.00 Bakery wholesale, manufacturer/distributor 200.00 Bar/lounge Barber, each 100. 00 110.00 30.00 33.00 Barbershop Bicycles (repairs only) Billiard parlor Blueprinting Boats for sale/rental 60.00 66.00 60.00 66.00 100. 00 110 00 100.00 110.00 100.00 110.00 ,~ Boats--charter and dredge Boatbuilder 100.00 110.00 100.00 110.00 Boat taxi operation Bondsman-professional Bookkeeper/accounting service Bottling works manufacturing and distribution Bowling alley, each lane Broker--stocks, bonds 200.00 220.00 150.00 165.00 100.00 110.00 150.00 10.00 44.00 150.00 165.00 Broker-insurance 100 00 110.00 Broker--yacht and ship salespersons 1 00. 00 110.00 Broker-others 100.00 110.00 Burglar alarm/monitoring company Butcher/butcher shop 100. 00 110.00 75.00 82.50 5 Ordinance No. 2008- Page 6 ~ C:::mteen w3gon or cafe, e3ch vehicle 5000 Carpenter shop 7500 82.50 Carwash 100.00 110.00 Catering 50.00 55.00 Carpet and rug cleaning 100 00 110.00 Carpet sales/installation 100.00 11 0 00 Cement, concrete, pl3ster 100.00 Check cashing store 200.00 220.00 Cigars and tobaccos 5000 55.00 Claims and collection agency 100.00 110 00 Clothing: (1 ) Alterations 1500 49.50 ,,~ (2) Tailor, dressmaking 10000 110.00 Coin dealer 5000 55.00 Cold storage warehouse 100 00 110.00 Commission merchant 75.00 Commercial garbage collection 1,250.00 1 ,375.00 Commercial trash collection 150.00 495.00 Community-based residential facilities 100.00 110.00 Consultants, each 150.00 165.00 Contractors: (1 ) General building 225.00 247.50 (2) Subcontractor, general 168.00 184.80 (3) Engineering subcontractor 168.00 184.80 .~ 6 Ordinance No. 2008- - Page 7 - (4) Acoustical tile 75.00 82.50 (5) Air conditioning 120.00 132 00 (6) Awning 90.00 99.00 (7) Carpentry 150.00 165.00 (8) Electrical 15000 16500 (9) Elevator 90.00 99.00 (10) Floor laying and sanding 150.00 165.00 (11 ) Gas fitting, pipe fitting 150.00 165.00 (12) Jalousie 50.00 55.00 (13) Mason and plaster contractor 150.00 165.00 (14) Moving and wrecking houses 75.00 82.50 (15) Ornamental iron, bronze and steel 75.00 82.50 (16) Plumbing 150.00 165.00 (17) Painting 120.00 132.00 (18) Plastering and cement 150.00 165.00 (19) Plate glass and glazier 75.00 82.50 (20) Roofing 150.00 165.00 (21 ) Sandblasting 150.00 165.00 (22) Sign 90.00 99.00 (23) Solar water heater 75.00 82.50 (24) Septic tank 120.00 132.00 (25) Sprinkler system 75.00 82.50 (26) Steel, reinforcing 100.00 110.00 (27) Septic t:mk 120.00 (28) Solar water h03ter 7500 ,#.~. (29) Swimming pools 9000 99.00 7 Ordinance No. 2008- - Page 8 (30) Venetian blind 60.00 66.00 (31 ) Tile, marble and granite 15000 165.00 (32) Well drilling 9000 99.00 (33) Not classified 90.00 99.00 Country club 150.00 495.00 Cosmetology salon 60.00 66.00 Cosmetologist, each 30.00 3300 Credit bureau 100.00 110.00 Dancehall 150.00 165 00 Data processing--service agency 125.00 137.50 Data processing--software development 150.00 165.00 Delivery services, per each vehicle 10.00 1100 Dental technician/hygienist 3000 33.00 f,(i~ Directory 100.00 Dramatic or theatrical troupe or company 200 00 220.00 Disc jockey (see entertainment) 100.00 110.00 Dry cleaning plant 75.00 82.50 Electric light and power company 150.00 165.00 Employment agency 150.00 165.00 Engraver, lithographer 100.00 110.00 Exterminator 100.00 110.00 Factory 100.00 Financial institution--banks and trust companies 350.00 385.00 Financial institution--building and loan association 350.00 385.00 Financial institution--money lenders, except banks 350.00 385.00 Financial institution--mortgage loan company 350.00 385.00 "!"~ 8 Ordinance No. 2008-11 Page 9 Financial institution--personal finance company Fire extinguisher service 350.00 75.00 Fish market Flea market 75.00 1,500.00 Florist 100.00 Funeral home 100.00 Furniture refinisher 50.00 Gas company selling bottled gas Gas company selling through pipeline Golf course 100.00 250.00 500.00 Golf driving range/miniature golf Gravel, sand, sod, dirt sales Hall for hire 225.00 100.00 150.00 Health club 125.00 Home health care services 100.00 Hospital Hotel, lodging house or motel, first room Hotel, lodging houses or motel, each additional room Hypnotist 315.00 50.00 5.50 170.00 Ice cream vendor 50.00 Ice cream, manufacturing of, .t'.'holesale Ice cream shop/parlor Ico manufacturing, distribution and storage Import/export 100.00 100.00 180.00 100.00 Insurance adjuster Insurance agents, each 100.00 50.00 9 385.00 82.50 82.50 110.00 110.00 550.00 247.50 165.00 137.50 110.00 346.50 55.00 6.05 187.00 110.00 110.00 110.00 55.00 Ordinance No. 2008- - Page 10 ~, Insurance agency office 100 00 110.00 Insurance company 100.00 110.00 I nterior decorator 100.00 110.00 Janitorial services 100.00 110.00 Jewelry 150.00 165.00 Jewelry broker 300.00 330 00 Junk shop 250. 00 Kerosene dealer wholesale dealer 225.00 Kerosene distributor, each vehicle 28.10 Labor union organization 25000 275.00 Landscaping service/lawn maintenance 50.00 55.00 Land development company 100. 00 110.00 Laundry--self-service 225. 00 247.50 ,.,p;l:;>-~ Laundry or dry cleaner 100.00 110.00 Loan agent 150. 00 165.00 Lecturer 22500 247.50 Locksmith 80.00 88.00 Lumber dealer 150. 00 Machine shop 75.00 82.50 Manicurists, each 30.00 33.00 Masseur/masseuse 50.00 55.00 Mail order business 50.00 55.00 Manufacturing 150.00 165.00 Marble ;:md gr~:mite works 100.00 Marina 1,000.00 1,100.00 1'1'-' Marina, each boat slip 75.00 82.50 10 Ordinance No. 2008- Page 11 ~"'It~, Massage salon Medical clinic Merchants--retail stock less than $1,000.00 Merchants--retail stock over $1,000.00 and less than $5,000.00 Merchants--retail stock over $5,000.00 and less than $10,000.00 Merchants--retail stock over $10,000.00 and less than $20,000.00 Merchants--retail stock over $20,000.00 and less than $50,000.00 Merchants--retail stock over $50,000.00 and less than $100,000.00 Merchants--retail stock over $100,000.00, each additional $1,000.00 Merchants--Wholesale: Same as retail. Messenger service Messenger service, each vehicle Mobile home park Mobile home s31es Monuments and tombstones Motion picture theater Motion picture theater--candy and popcorn concession Moving company with storage Moving company, each vehicle over 2 Museum Music/recording studio Newspaper publishers bureau or agency Newspaper published daily Newspapers published weekly, semimonthly or monthly Newsstand .- Nightclub 11 100.00 110.00 20000 220.00 60.00 66.00 7000 77.00 150.00 165.00 180.00 198.00 225. 00 247.50 100.00 440.00 2.00 2.20 60.00 66.00 20.00 22.00 300.00 150.00 100.00 100.00 440.00 "10. 00 44.00 100. 00 110.00 25.00 27.50 225.00 247.50 120.00 125.00 137.50 120.00 132.00 120.00 132.00 50.00 55.00 300.00 330.00 Ordinance No. 2008- Page 12 ,~ Nurse 3000 33.00 Nurseryntrees/plants 50.00 5500 Nursing home 100.00 110 00 Paint 3nd body shop 100.00 Parking lot--1 to 25 cars 50.00 55.00 Parking lot--over 25 cars 100.00 11 0 00 Pawnbroker 500.00 Peddler, street vendor 100.00 Pet shop 7500 82.50 Photographer 50.00 55.00 Photography studio 100 00 110.00 Piano tuner 50.00 5500 Pool maintenance 10000 110.00 ,,",~ Printing 100.00 110.00 Private investigative agency 12500 137.50 Private school 175.00 192.50 Professionals, each individual 170.00 187.00 Property management 100.00 110.00 Publisher 100.00 110.00 Railroad tr3in 500.00 Real estate broker with no agents 100.00 110.00 Real estate broker, each agent 100.00 110.00 Real estate salesman 50.00 55.00 Repair of watches and jewelry 100.00 110.00 Repair and service shops 100.00 110.00 ~- Restaurant--O to 30 seats 50.00 55.00 12 Ordinance No. 2008- - Page 13 Restaurant--31 to 74 seats 100.00 110.00 Restaurant--74 to 149 seats 150.00 16500 Restaurant--150 or more seats 200.00 220.00 Restau rant --d rive-in 10000 110.00 Research laboratory 100.00 110.00 Rinks--skating, roller 150.00 165.00 Sales office, no stock 50.00 5500 School 17500 1 92.50 Security company 125.00 137.50 Shoe repair 75.00 82.50 Shoeshine, each chair 28.00 30.80 Showroom 100.00 110.00 Snack bar as accessory use 60.00 66.00 Storage warehouse/public storage 100.00 110.00 Tanning salon--1 to 5 units 100.00 110.00 Tanning salon as accessory use 50.00 55.00 Tanning salon, each additional unit over 5 units 10.00 11.00 Tattoo p~Hlor 1,00000 T ax preparation service 100.00 110.00 Taxicabs, each 50.00 55.00 Telegraph company 200.00 Telemarketing sales 100.00 110.00 Telephone company 200.00 Television and radio station 150.00 TO'Ning servico ('Nrecking, h::lUling, salvage) 100.00 Travel agency 100.00 110.00 13 Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the 14 Ordinance No. 2008-11 Page 15 word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Auerbach, who moved its adoption on first reading. This motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Zev Auerbach yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 6th day of May, 2008. 15 Ordinance No. 2008- Page 16 ~ PASSED AND ADOPTED on second reading this 3rd day of June, 2008. ATTEST: Susan Gottlieb, Mayor Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: ;vt//h1 City Attorney ,,,~ - 16 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, AIC Planning Director TO: FROM: DATE: May 19, 2008 SUBJECT: Petition of the City of Aventura to Amend the City of Aventura Comprehensive Plan by (1) Adding a new Element entitled "Education Element" to the Plan; and (2) Amending the Capital Improvement Element and Intergovernmental Co-ordination Element to amend and add policies to support the new "Education Element"; and (3) Amending the Capital Improvement Element to adopt by reference the City's 2007/08 - 2011/12 Capital Improvement Program October 2, 2007 Local Planning Agency Agenda Item 4 October 2, 2007 First Reading City Commission Meeting Agenda Item 8 0 June 3, 2008 Second Reading City Commission Meeting Agenda Item .2 ~{) RECOMMENDATION It is recommended that the City Commission approve the following amendments to the City of Aventura Comprehensive Plan: (1) Addition of a new Element entitled "Education Element" to the Plan; and (2) Amendments to the Capital Improvement Element of the Plan as follows: . Amend Policy 2.4 of Objective 2 of the Capital Improvement Element to add Level of Service standards for Public Schools and for the Aventura City of Excellence School . Add a new Policy 4.18 of Objective 4 to adopt the Miami-Dade County Public Schools Facilities Work Program by reference . Renumber and amend existing Policy 4.18 of Objective 4 of this Element as Policy 4.19 to adopt the 2007/08- 2011/12 Capital Improvement Plan by reference 1 . Add a new Policy 4.20 to provide that the Public School Facility Work Program will be evaluated on an annual basis to ensure that the LOS standard will continue to be achieved and maintained throughout the planning period . Amend and add public school facilities to the Concurrency Management section of this Element; and (3) Amendments to the Intergovernmental Co-ordination Element of the Plan as follows: . Add a new Policy 1.21 to Objective 1 of the Intergovernmental Co-ordination Element to provide that the City will execute and follow the procedures in the Interlocal Agreement for Public School Facilities Planning and will co-ordinate with Miami-Dade County Public Schools, Miami-Dade County and other parties to the agreement to establish Level of Service standards for public school facilities . Renumber existing Policies 1.21 through 1.24 of this Element to Policies 1.22 through 1.25 THE REQUEST City staff is requesting approval on second reading of an ordinance to amend the City of Aventura Comprehensive Plan to add a new Education Element to the Plan as required by State statute, to amend the Capital Improvement Element and the Intergovernmental Co-ordination Element to amend and add policies to support the new Educational Element and to amend the Capital Improvement Element to adopt the City's most recent Capital Improvement Program into the Plan. BACKGROUND In 2005, the Florida Legislature mandated that public school concurrency be adopted by all Florida school boards, counties and non-exempt municipalities by the end of 2008. See, Sections 163.3177(12)(i) and 163.3180(13), Florida Statutes. "School concurrency" means that public school facilities will be required to be in place at the time that the impacts of residential development are felt, similar to the existing concurrency requirements for water, sewer, roads, drainage, parks and recreation and other public facilities. Public school concurrency will be tested at the time of subdivision or site plan approval (or functional equivalent), and is a function of the size, type and location of the residential development. School concurrency will replace the voluntary mitigation policy that the Miami-Dade County School Board has been applying for the past several years. The proposed amendments were recommended for approval by the Local Planning Agency on October 2,2007. City Commission approved an ordinance incorporating those amendments on October 2, 2007 and authorizing transmittal to the State of 2 Florida Department of Community Affairs (DCA). The first reading staff report dated May 14, 2008 is attached as Exhibit #1. The amendments were transmitted to DCA on October 11, 2007. The transmittal was found to be complete by DCA staff on December 18, 2007. DCA's Objections, Recommendations and Comments (ORC) report was received on February 16, 2008. A draft ORC response was submitted to DCA on April 10, 2008 and underwent a courtesy review by DCA staff on April 21, 2008. The City's ORC response was amended in response to DCA courtesy staff review. A copy of the City staff response is attached as Exhibit #2. The ORC report contained eleven objections relating to the specific requirements of relevant parts of State statute and Florida Administrative Code. Each objection must be addressed and corrected prior to resubmittal of the amendment for DCA compliance review. The following additions and deletions are proposed to the amendments presented for first reading to address these objections: 1. Objective 2 of the Education Element has been revised to clarify that the objective intends to include those projects necessary to address existing deficiencies in the five year schedule of capital improvements and to meet future needs based on achieving and maintaining the adopted level of service standards throughout the planning period. 2. Policy 2.1 of the Education Element has been revised to delete the second paragraph of the description of the public schools level of service standard to make clear that there is only one level of service standard to be applied during concurrency review and to except magnet schools from the public school level of service standard and include a separate level of service standard for magnet schools. Policy 2.2 of the element has also been revised to make this clarification. 3. Policy 2.4 of the Capital Improvement Element has been revised to mirror the new level of service language in the Education Element. 4. Policy 2.3 of the Education Element has been revised to include language specifying the type of mitigation that the Public Schools will allow to meet concurrency and to direct the School Board to apply all mitigation funds toward a school capacity improvement identified in the five year district workplan. 5. Policy 2.4 of the Education Element has been revised to provide for updates to the concurrency service areas. 6. New Policies 2.5 and 2.6 have been added to the Education Element to provide language to ensure existing deficiencies are addressed and the capacity of schools is sufficient to support residential development at the adopted level of service standard throughout the planning period and to provide for annual review of the facilities workplan. 7. New Policy 2.7 has been added to the Education Element to provide that the City will coordinate with the Public Schools to ensure that the facilities workplan is amended on an annual basis. A new Policy 4.20 has been added to the Capital Improvement Element to provide for evaluation of this workplan. 3 8. New Policy 3.6 has been added to the Education Element to provide that the City will encourage and co-operate with the Public Schools in their effort for public school siting reviews. 9. Policy 4.5 of the Education Element has been revised to provide that the City will, through the staff working group of the Interlocal Agreement, co-ordinate with the Public Schools, the County and other parties to the agreement to annually review the Education Element and school enrollment projections. 10. The first reading amendments included only the map series for our area. The entire map series prepared by Miami-Dade County are now adopted by reference. 11. Policy 1.21 of the Intergovernmental Coordination Element has been revised to provide that the City will execute and follow the procedures of the Interlocal Agreement for Public School Facility Planning. ANALYSIS Section 31-53 of the City's Land Development Regulations provides that the Comprehensive Plan may be amended in accordance with that section and in accordance with the notice and hearing procedures set forth in both the Land Development Regulations and the applicable Florida Statutes. Notice of the proposed amendments has been properly published. The hearing procedure requires one public hearing by the Local Planning Agency and two public hearings by the City Commission. The public hearing by the Local Planning Agency and the first public hearing by the City Commission were held on October 2, 2007. This is the second public hearing by the City Commission. If approved on second reading, the amendments will be forwarded to DCA with a request for compliance review, compliance determination and issuance of a Notice of Intent. The ordinance will be effective upon issuance of the Notice of Intent by DCA, subject to a statutory appeals period. 4 Exhibit 1 03-CPA-07 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AICP' Planning Director _" ' DATE: September 20, 2007 SUBJECT: Petition of the City of Aventura to Amend the City of Aventura Comprehensive Plan by (1) Adding a new Element entitled "Education Elemenf' to the Plan; and (2) Amending the Capital Improvement Element and Intergovemmental Co-ordination Element to amend and add policies to support the new "Education Element"; and (3) Amending the Capital Improvement Element to adopt by reference the City's 2007/08 - 2011/12 Capital Improvement Program and to transmit these amendments to the Florida Department of Community Affairs October 2, 2007 Local Planning Agency Agenda Item ~ October 2, 2007 City Commission Meeting Agenda Item _ January 8, 2008 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the following amendments to the City of Aventura Comprehensive Plan: (1) Addition of a new Element entitled "Education Element" to the Plan; and (2) Amendments to the Capital Improvement Element of the Plan as follows: · Amend Policy 2.4 of Objective 2 of the Capital Improvement Element to add Level of Service standards for Public Schools and for the Aventura City of Excellence School · Add a new Policy 4.18 of Objective 4 to adopt the Miami-Dade County Public Schools Facilities Work Program by reference 1 · Renumber and amend existing Policy 4.18 of Objective 4 of this Element as Policy 4.19 to adopt the 2007/08- 2011/12 Capital Improvement Plan by reference . Amend and add public school facilities to the Concurrency Management section of this Element; and (3) Amendments to the Intergovernmental Co-ordination Element of the Plan as follows: . Add a new Policy 1.21 to Objective 1 of the Intergovernmental Co-ordination Element to co-ordinate the establishment of level of Service standards for public school facilities · Renumber existing Policies 1.21 through 1.24 of this Element to Policies 1.22 through 1.25 It is further recommended that the City Commission approve the transmittal of the plan amendments to the Florida Department of Community Affairs. THE REQUEST City staff is requesting amendments to the City of Aventura Comprehensive Plan to add a new Education Element to the Plan as required by State statute, to amend the Capital Improvement Element and the Intergovernmental Co-ordination Element to amend and add policies to support the new Educational Element, to amend the Capital Improvement Element to adopt the City's most recent Capital Improvement Program into the Plan and to approve transmittal of the amendments to the Florida Department of Community Affairs. BACKGROUND In 2005, the Florida Legislature mandated that publiC school concurrency be adopted by all Florida school boards, counties and non-exempt municipalities by the end of 2008. See, Sections 163.3177(12)(i) and 163.3180(13), Florida Statutes. "School concurrency" means that public school facilities will be required to be in place at the time that the impacts of residential development are felt, similar to the existing concurrency requirements for water, sewer, roads, drainage, parks and recreation and other public facilities. Public school concurrency will be tested at the time of subdivision or site plan approval (or functional equivalent), and is a function of the size, type and location of the residential development. School concurrency will replace the voluntary mitigation policy that the Miami-Dade County School Board has been applying for the past several years. City staff has been working with the staffs of the School Board, Miami-Dade County and other non-exempt municipalities for over a year to advise the School Concurrency Task Force and develop the Comprehensive Plan amendments that are necessary to implement public school concurrency. In order to implement public 2 school concurrency, the City is required to adopt a new element in the Comprehensive Plan called the Education Element and amend the Capital Improvement and Intergovernmental Coordination Elements to include policies that support the new element. In addition to the plan amendments required by State statute, City staff is proposing new Comprehensive Plan policies relating to the Aventura City of Excellence School (ACES), the City's municipal charter school. Based on the data and analysis supporting the proposed Comprehensive Plan amendments, the proposed level of service (LOS) standard for all County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). The Florida Inventory of School Houses (FISH) is a state report containing an estimate of the capacity of all public school facilities in the state. This LOS standard is measured by and applicable in each public school concurrency service area (CSA), which is defined as the public school attendance boundary established by the Miami-Dade County Public Schools for each school. The intent is to revisit the LOS standard after the full implementation of the class-size reduction constitutional amendment in 2010, and determine whether it would be financially feasible to change it to 100% utilization of permanent Florida Inventory of School Houses (FISH) Capacity (Without Relocatable Classrooms). City staff has included policies to adopt the same level of service standard for ACES. Pursuant to state law. public school concurrency is to be adopted by all State counties and municipalities by the end of 2008. According to the Department of Community Affairs' schedule for implementation. public school concurrency is to become effective in Miami-Dade County by January 1, 2008. Therefore, effective January 1. 2008, the City will require all residential subdivision approvals and site plans that are neither exempt nor vested to undergo public school concurrency review. Each such new development in the City will be reviewed by the School Board to determine if there is capacity available at the affected schools (elementary, middle and high school) or at contiguous schools. A credit will be provided against the impact of proposed development for the districtwide capacity of those charter and magnet schools that are not operating over 100% FISH capacity. Together, charter and magnet schools, currently represent a combined total of 7% of the district enrollment. If capacity is not available for the development, then the applicant will be invited to propose proportionate share mitigation. If the proposal is acceptable, it must be implemented via a tri-party agreement with the applicant, the City and the School Board. If not, the development could end up being delayed or denied due to the lack of school capacity. City staff has included policies in our proposed Education Element to support a request made by staff to the School Board to allow proportionate share mitigation to be paid to the City rather than the School Board to support our municipal charter school. To date, School Board staff has advised that they will not recommend City 3 staffs request. A request for all charter schools to be eligible for proportionate share mitigation has been made by the Builders Association of South Florida, and this request is being considered by a sub-committee of the School Concurrency Task Force. If this request is accepted, ACES would be eligible for mitigation. Even if a more limited version of this request is accepted, it could be tailored to make ACES eligible. The new Level of Service (LOS) standards and other new procedures, policies and requirements contained in this Education Element will be incorporated, where appropriate, into the existing Interlocal Agreement for Public School Facility Planning between the School Board, the County and Miami-Dade municipalities. The revisions to this agreement are currently under discussion by all parties. The most recent draft of the agreement is attached as Exhibit #1 to this report and will be transmitted with the Education Element to the Department of Community Affairs, as supportive data and analysis. At the time the Education Element is being considered for second reading, the final draft of the Agreement will be presented to City Commission for approval. Attached as Exhibit #2 is a summary of the data and analysis supporting the element, prepared by Miami-Dade County Public Schools. This will also be transmitted with our proposed element. In addition to the new Education Element, amendments are proposed to the Capital Improvements Element of the Comprehensive Plan to add Level of Service (LOS) standards for public schools and for the Aventura City of Excellence School and to adopt the Miami-Dade County Public Schools Facilities Work Program into the Plan by reference. An amendment is also proposed to the Intergovernmental Co- ordination Element of the Plan to add a policy regarding co-ordination of Level of Service (LOS) standards between the City, the Miami Dade County Public Schools, Miami-Dade County and all municipalities participating in the Interlocal Agreement. Lastly, one further amendment is proposed to the Capital Improvements Element. State statute requires that the City annually adopt its Capital Improvement Program into the Comprehensive Plan by reference. The proposed amendment adopts the current 2007/08 -2011/12 Capital Improvement Program. ANAL YSIS Section 31-53 of the City's Land Development Regulations provides that the Comprehensive Plan may be amended in accordance with that section and in accordance with the notice and hearing procedures set forth in both the Land Development Regulations and the applicable Florida Statutes. Notice of the proposed amendments has been properly published. The hearing procedure requires one public hearing by the Local Planning Agency and two public hearings by the City Commission. If adopted on first reading I the ordinance will be transmitted to the Florida Department of Community Affairs (DCA) and applicable 4 agencies. The ordinance will be scheduled for second and final reading following receipt of comments from these agencies. The proposed element has been drafted to be consistent with the Miami-Dade County element and to comply with all statutory requirements. The County has transmitted its element to the State Department of Community Affairs and is now under review. The State has advised the County that it will have comments on the County element that may require revision to the transmitted element. If this is the case, the City's element may need the same revision in order to be consistent. These comments will be addressed for final adoption on second reading. 5 Exhibit 2 03-CPA-07 City of Aventura Response to Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments Report (ORC) DCA No. 08-PEFE 1 Addressing Adoption of Education Element and Amendments to Capital Improvements Element and Intergovernmental Co-ordination Element of the City of Aventura Comprehensive Plan Response Date: Apri/10, 2008 Revised: April 21, 2008 (revision in underlined text) This report contains responses from the City of Aventura to the objections referenced in the Objections, Recommendations and Comments (ORC) Report issued by the Florida Department of Community Affairs (DCA) dated February 16, 2008. The DCA issued objections to the Application transmitted for review and comment by the City of Aventura City Commission on October 11, 2007 and deemed complete by DCA on December 18, 2007. These objections must be addressed since they form the basis of potential determinations of non-compliance by DCA. The DCA objections and corresponding recommendations are summarized below, followed by the City of Aventura's responses and then followed by the City's proposed amended element incorporating those responses and showing changes from the first transmittal in underlined and stricken-through text. Objection: The amendment does not meet all of the requirements in Chapter 163, F.S., and Rule 9J-5, F.A.C., for an educational facilities element. The proposed educational facilities element does not contain all of the objectives and policies required to be in an educational facilities element, pursuant to Chapter 163, Part II, Florida Statutes (F.S.), and Rule Chapter 9J-5, Florida Administrative Code (F.A.C.). The shortcomings are detailed below, with the particular statutory and administrative rule citations. 1. Proposed Policy 2.2 establishes a level of service standard of 1 00 percent utilization of Florida Inventory of School Houses (FISH) capacity with relocatable classrooms. This is an acceptable level of service standard; however, Policy 2.2 also prescribes that schools which achieve 100 percent of permanent FISH capacity should no longer utilize relocatable classrooms to achieve the LOS standard except as an operational solution (during remodeling, replacement or expansion of a school facility). Thus it appears that the City is establishing a two-part LOS standard which may lead to inequities in the application of the concurrency management system. Citations: Rules 9J-5.0055, 9J-6.025(3)(c)7, FA.C,- Section 163.3180, FS DCA Recommendation: Revise the description of the public schools level of service standard in the educational facilities element to make clear that there is only one level of service standard to be applied during concurrency review. City Response: The City of A ventura proposes to revise Policy 2.1 by removing the second provisions in the policy and incorporating said provision into Policy 2.2. By incorporating this revision into Policy 2.2, it will make it clear there is only one level of service. 2. The proposed educational facilities element does not provide a level of service standard for magnet schools, which is required pursuant to Rule 9J-5.0055(2)(b), F.A. C, and s. 163. 3180(13) (b) 2, FS Citations: Rule 9J-5.0055(2)(b), 9J-5.025 (3)(c)7, FA.C,- Section 163. 3180(13) (b) 2, FS DCA Recommendation: Revise the educational facilities element to include a level of service standard for magnet schools. City Response: The City of A ventura proposes to revise the first paragraph of Policy 2.1 to except magnet schools and add a new paragraph to state that the adopted LOS standard for magnet schools is 100% FISH (with relocatable classrooms) which shall be calculated on a districtwide basis. 3. The proposed educational facilities element does not meet the requirement in Rule 9J- 5. 025(3)(c) 2, F.A. C, that it contain a policy which requires the adoption of annual plan amendments adding a new fifth year, updating the financially feasible public schools capital facilities program, coordinating the program with the 5-year district facilities work plan, the plans of other local governments, and, as necessary, updates to the concurrency service area map. The requirement for annual plan amendments is intended to help ensure that the capital improvements program continues to be financially feasible and that the level of service standards will continue to be achieved and maintained Although this issue is addressed in the proposed interlocal agreement, a policy is also required in the proposed educational facilities element. Citation: Rule 9J-5. 025 (3)(c)2, FA. C,- Section 163.3177 (12)(g)(1), FS DCA Recommendation: Revise the educational facilities element to include a policy which requires the adoption of annual plan amendments adding a new fifth year, updating the financially .feasible public schools capital facilities program, coordinating the program with the 5-year district facilities work plan, the plans of other local governments, and, as necessary, updates to the concurrency service area map. City Response: The City of Aventura proposes to revise Objective 2 by adding language to clarify that the objective intends to include those projects necessary to address existing deficiencies in the 5 year schedule of capital improvements and to meet future needs based upon achieving and maintaining the adopted LOS standards throughout the planning period. The City further proposes to: · Revise Policy 2.4 to provide for updates to the concurrency service areas · Add new Policies 2.5 and 2.6 to provide language to ensure existing deficiencies are addressed and the capacity of schools is sufficient to support residential, and development at the adopted LOS standard throughout the planning period in the 5 year schedule of capital improvements and to provide for annual review of the facilities workplan, and · Add Policy 2.7 to provide that the City will coordinate with the Miami Dade County Public Schools to ensure that the MDCPS Facilities Work Program is amended on an annual basis to add a new fifth year, reflect changes in estimated capital revenues, planned capital appropriations costs. planned capital facilities prolects. CSAs and school usage and ensure that the Work Program continues to be financially feasible for the five year planning period · Add Policy 4.20 to the Capital Improvement Element to provide for evaluation of the facilities workplan. 4. The proposed educational facilities element does not meet the requirement in Rule 9J- 5. 025 (3)(c) 3, FA.C., that it contain a policy addressing coordination of the annual review of the element with the school board, the county and applicable municipalities, coordination of annual review of school enrollment projections, and establishing the procedures for the annual update process. Policy 4.5 in the proposed educational facilities element provides for the annual review of the element by Miami-Dade County and Miami-Dade County Public Schools; however, it does not address coordination with municipalities, review of school enrollment projections, or procedures for the annual update. These issues are included in the draft interlocal agreement, but they should be included in the educational facilities element. Citations: 9J-5.025(3)(c)(3) FA.C.; Section 163.3177(12)(g)(l), FS. DCA Recommendation: Revise the educational facilities element to include a policy addressing coordination of the annual review of the element with the school board, the county and applicable municipalities, coordination of annual review of school enrollment projections, and establishing the procedures for the annual update process. City Response: The City of A ventura proposes to revise Policy 4.5 to provide that the City will, through the staff working group of the Interlocal Agreement for Public School Facility Planning, co-ordinate with Miami-Dade County Public Schools, Miami-Dade County and non-exempt municipalities to annually review the Education Element and school enrollment projections. 5. The proposed educational facilities element does not meet the requirement in Rule 9J- 5. 025(3)(c) 6, FA.C., that it contain a policy addressing the coordination of the long range public school facility map with the local government's comprehensive plan, including the future land use map. Citations: 9J-5.025(3)(c)6, FA.C; Section 163.3177(12)(g)9, FS DCA Recommendation: Revise the educational facilities element to include a policy addressing the coordination of the long range public school facility map with the local government's comprehensive plan, including the future land use map. City Response: The City of Aventura proposes to add Policy 3.6 to provide that the City shall encourage and co-operate with the Miami-Dade County Public Schools in their effort for public school siting reviews to help accomplish the objectives of this element and other elements of the City's Comprehensive Plan, including the future land use map. 6. The proposed educational facilities element does not meet the requirement in Rule 9J- 5.025(3)(c)9, FA.C, that it contain policies specifying types of mitigation that a school board will allow to meet concurrency and policies assuring that any mitigation funds provided as a result of the school concurrency system are directed by the school board toward a school capacity improvement identified in a financially feasible 5-year district work plan and which satisfies the demands created by that development in accordance with a binding developer's agreement. Policy 2.3 provides that impacts could be mitigated through one or more proportionate share methods as defined in s. 163.3180(13)(e)1, FS, but does not itselfspecify the types ofmitigation the school board will allow. More detail on proportionate share mitigation options are included in the interlocal agreement, but this needs to be included in the educational facilities element. Citations: Rule 9J-5.025(3)(c)9, FA.C; Section 163.3180(13)(e)1, FS DCA Recommendation: Revise the educational facilities element to include (1) a policy specifying the types of mitigation that Miami-Dade County Public Schools will allow to meet concurrency and (2) policies assuring that any mitigation funds provided as a result of the school concurrency system are directed by the school board toward a school capacity improvement identified in a financially feasible 5-year district work plan and which satisfies the demands created by that development in accordance with a binding developer's agreement. City Response: The City of A ventura proposes to revise Policy 2.3 to include language specifying the type of mitigation that Miami-Dade Public Schools will allow to meet concurrency. The additional language also directs the School Board to apply all mitigation funds provided as a result of school concurrency toward a school capacity improvement identified in the 5 year district work plan, thus satisfying the demands created by the development in accordance with a binding developer's agreement. 7. The proposed educational facilities element does not meet the requirement in Rule 9J- 5.025(4)(b), FA.C., that it contain afuture conditions map or map series which depicts the planned general location of public school facilities by year for the five year planning period, andfor the end of the long range planningperiodfor Miami-Dade County. Citations: Rule 9J-5.025(4)(b), FA.C.; Section 163.3177(12)(h), FS DCA Recommendation: Revise the educational facilities element to include and adopt a countywide future conditions map or map series which depicts the planned general location of public school facilities by year for the five year planning period, and for the end of the long range planning. City Response: The map series prepared by Miami-Dade County and the Miami-Dade County Public Schools showing existing and future conditions in the Northeast Area, which includes the City of A ventura, are included in the element. The map series for all geographic areas are included in the support data, inventory and analysis submitted by Miami-Dade County dated July 3, 2007 and are adopted by reference in the City's Element. The City of Aventura's amendments rely on that support data, inventory and analysis as confirmed by the attached letter from the City to Mr. Ray Eubanks dated December 12,2007. 8. The proposed revision of the intergovernmental coordination element does not meet the requirements in Sections 163.3177(6)(h)(1) and (2), FS, to show relationships and state principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with plans of the school board. In addition, a policy describing the joint processes for collaborative planning and decision making on population projections and public school siting, the location and extension of public facilities subject to concurrency, and sitingfacilities with countywide significance has not been included. Although these issues are addressed in the proposed inter local agreement, a policy addressing these provisions needs to be included in the element. Citations: Rule 9J-5.015(3)(b)1, 3, 6, and (c); 9J-5.025(c)3; and Section 163.3177(6)(h)(1) and (2), FS, DCA Recommendation: Revise the intergovernmental coordination element to include a policy in the intergovernmental coordination element to include the relationships and state principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with plans of the school board and to describe joint processes for collaborative planning and decision making on population projections and public school siting, the location and extension of public facilities subject to concurrency, and sitingfacilities with countywide significance. City Response: The City of A ventura proposes to revise Policy 1.21 of the Intergovernmental Co-ordination Element to provide that the City will follow the procedures of the Amended and Restated Interlocal Agreement for Public School Facility Planning with Miami-Dade County Public Schools, Miami-Dade County and non-exempt municipalities. 9. The proposed revision of the intergovernmental coordination element does not meet the requirement in s. 163.3177(6)(h)(4)a, FS., that local governments must execute an interlocal agreement with the district school board, the County, and nonexempt municipalities pursuant to s. 163.31777. The local government shall amend the intergovernmental coordination element to provide that coordination between the local government and school board is pursuant to the agreement and shall state the obligations of the local government under the agreement. Although Policy 1.2.1 requires the procedures established in the interlocal agreement to followed, the procedures are not included in the policy; the policy does not require the adoption of the interlocal agreement; and the policy does not identify the City's obligations under the agreement. Citation: Section 163.3177(6)(h)(4)a, FS. DCA Recommendation: Revise the intergovernmental coordination element and Policy 1.21 to obligate the City to execute an interlocal agreement with the district school board, the County, and the other nonexempt municipalities pursuant to s. 163.31777, FS. The policy also must include the procedure to be used to ensure coordination with the school board and identify the City's obligations under the agreement. City Response: The City of A ventura proposes to revise Policy 1.21 of the Intergovernmental Co-ordination Element to include the City's obligation to execute an Interlocal Agreement with the Miami-Dade County Public Schools, Miami-Dade County and non-exempt municipalities. Objection: Interlocal agreement does not include all local governments in the County as signatories and is not executed The proposed educational facilities element does not include, as part of its data and analysis, the revised interlocal agreement as executed between the City of A ventura and the Miami-Dade County Public Schools, which is required pursuant to s. 163.3177(12)(c), FS The amendment package does include a draft interlocal agreement; however, the draft agreement is deficient in that not all of the municipalities within Miami-Dade County are listed as signatories. According to s. 163.3180(13), FS, all local governments within a county, except for those satisfYing the exemption criteria provided in s. 163.3180(13)(/), FS, must be signatories to the interlocal agreement. Any local governments within Miami-Dade County wishing to be exempt from the interlocal agreement on public schools should pursue the statutory exemption. Citations: Sections 163.3177(12)(c), 163.31777, and 163. 3180(13)(/), FS DCA Recommendation: Include with the adopted amendment the executed interlocal agreement between the City of Aventura and the district school board Note that the executed interlocal agreement must be submitted to the Department for review and approval pur suantto s. 163.31777(3), F S. City Response: The City of A ventura proposes to provide an executed copy of the Interlocal Agreement between the City and Miami-Dade County Public Schools along with the adopted elements. 11. Objection: Capital Improvement Element The Five-Year Schedule of Capital Improvement of the Capital Improvements Element, incorporated by reference in Capital Improvement Policy 4.19, is updated from FY 05-06 through FY09-10 to FY 07-08 through FY 11-12, however the Five-Year Schedule of Capital Improvements is not included in the amendment package. Citations: [Section 163.3177(2), (3), (10)(h), FS.; Rule 9J-5.016(4)(a)1, FA.C.] DCA Recommendation: The Schedule of Capital Improvements needs to be revised to include the updated Five-Year Schedule of Capital Improvements with the adopted amendments. City Response: The City's schedule of capital improvements is incorporated by reference into the Element and updated annually as required by the statute and rule. A copy of the schedule from the City's FY 07-08 through FY 11-12 Capital Improvement Program can be provided with the adopted amendments. SUMMARY OF PROPOSED AMENDMENTS TO CITY OF A VENTURA EDUCATION ELEMENT, CAPITAL IMPROVEMENTS ELEMENT AND INTERGOVERNMENTAL CO-ORDINATION ELEMENT DCA No. 08-PEFEl (Double underline italics and double strike out represent modifications to the document received by DCA on December 18, 2007) AMENDMENT TO EDUCATION ELEMENT OBJECTIVE 2 The City shall coordinate new residential development with the future availability of public school facilities consistent with the adopted level of service standards (LOS) for public school concurrency to ensure the inclusion of those Droiects necessarv to address existina deficiencies in the 5 vear schedule of caDital imDrovements and meet future needs based UDon achievina and maintainina the adoDted LOS standards throuahout the Dlannina Deriod. Measure: Annual review. in cooperation with all parties to the Interlocal AQreement for Public School Facility PlanninQ, of the latest adopted Miami-Dade County Public Schools Facility Work ProQram to determine if the adopted concurrency level of service standards are beinQ met. PolicV 2.1 Upon public school concurrency becominQ effective, the adopted level of service (LOS) standard for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard, exceDt for maanet schools. shall be applicable in each public. school concurrency service area (CSA) , defined as the public school attendance boundary established by Miami-Dade County Public Schools. All Blsl81i8 881:1881 f88iliti88 8R8lsllQ 88RtiRlsl8 t8 FR8iRt8iR 8r Q88r8888 tl:l8ir B8r88Rt lsltiliz8ti8R 8f FISj,.j 88B88it'/ (\!VitR R81888t8818 CI888r88FR8). Plsl81i8 88R881 f88iliti88 tR8t 88Ri8':8 1 QQ% lsltiliz8ti8R 8f P8rFR8R8Rt FISj,.j 88B88it': (~J8 R81888t8818 C1888f88m8) 8R8lsllQ R8 18R!SI8r lsltiliz8 r81888t8818 81888r88FR8 8}(88Bt 88 8R 8B8r8ti8R81 881lslti8R. The adoDted LOS standard for maanet schools is 100% FISH (with relocatable classrooms) which shall be calculated on a districtwide basis. Level of Service standards for public school facilities shall apply to those traditional educational facilities. owned and operated by Miami-Dade County Public Schools, that are required to serve the residential development within their established Concurrency Service Area. Level of Service standards do not apply to maQnet schools, charter schools and other educational facilities that may have districtwide attendance boundaries: however. their capacity is credited aQainst the impact of development. No credit aaainst the impact of development shall be aiven for such districtwide educational facilities if their enrollment is at. or above, 100% FISH capacity (with Relocatable Classrooms) . Relocatable classrooms may be used bv Miami-Dade County Public Schools as an operational solution to achieve the level of service standard durina replacement. remodelina, renovation or expansion of a public school facilitv: and in the event of a disaster or emeraencv which prevents the School Board from usina a portion of the affected school facilitv. Policy 2,2 If demonstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura will strive for all public school facilities to achieve 100% utilization of Permanent FISH (No Relocatable Classrooms) capacity bv January 1, 2018. T8 tRis eRg, lileaiRRiRa Ji!iIR\;;Ii!iIP.: 1, :Jg1 A tRe Mii!ilmi gi!il&e C8\;;1Rtv P\;;Ililli€l S€lR881s SR8\;;11& R8t \;;Ise rel8€li!ilti!illille €lli!ilssf88ms t8 ar8vi&e i!iI&&iti8Ri!iIl FISPl €li!ilai!il€litv i!iIt i!iIR\" s€lR881 e}{€leat i!iIS i!iIR 8aeri!ilti 8 Ri!iIl S81\;;1ti8Fl. A&&iti8Ri!iIlI\", if fei!ilsilille, lileaiRRiRa Ji!iIR\;;Ii!iIr\' 1, :Jg1 A tRe Mii!ilmi gi!il&e C8\;;1Rtv P\;;Ililli€l S€lR881s will imalemeRt i!iI s€lRe&\;;Ile t8 elimiRi!iIte i!iIlI femeiRiRa rel8€li!iltelille €lli!ilssf88ms Iil',' Ji!iIR\;;Iep.' 1, 2Q1 a. All oubHc school facilities should continue to maintain or decrease their oercent utilization of FISH caoacitv (With Relocatable Classrooms). PubHc school facilities that achieve 100% utilization of Permanent FISH caoacitv (No Relocatable Classrooms) should no lonaer utilize relocatable classrooms exceot as an ooerational solution. Bv December 2010, the City in cooperation with Miami-Dade County Public Schools will assess the viabilitv of modifvina the adopted LOS standard to 100% utilization of Permanent FISH (No Relocatable Classrooms) for all CSAs. Policy 2,3 In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed development's impact. the development may proceed provided at least one of the followina conditions is met: a) The development's impact can be shifted to one or more contiauous CSAs that have available capacity and is located, either in whole or in part, within the same ~&\;;I€li!ilti8Ri!iIl Imai!ilst Fee i8Refit gistfi€lt Geoaraohic Area as the proposed development; or b) The development's impact is mitiaated, proportionate to the demand for public schools it created, throuah a combination of one or more appropriate proportionate share mitiaation options, as defined in Section 163.3180 (13)(e)1, Florida Statutes. \'JRi€lR SRi!iIlI Iile eRf8f€l8& Iilv i!iI leai!illlv liliR&iRa i!iIaf45emeRt witR tRe Cit\" i!iIR& Mii!ilmi gi!il&e C8\;;1Rtv P\;;Ililli€l S€lR881s The intent of these ootions is to orovide for the mitiaation of residential develooment imoacts on oubHc school facilities. auaranteed bv a leaal bindina aareement throuah mechanisms that include one or more of the followina: contribution of land: the construction. exoansion or oavment for land acauisition or construction of a oermanent oubHc school facilitv: or. the creation of a mitiaation bank based on the construction of a oermanent oubHc school faciHtv in exchanae for the riaht to sell caoacitv credits. The orooortionate share mitiaation aareement is subiect to aooroval bv Miami-Dade Countv School Board and Miami-Dade Countv Board of Countv Commission and must be identified in the Miami-Dade Countv Public Schools Facilities Work Proaram. or. c) The development's impacts are phased to occur when sufficient capacity will be available. If none of the above conditions is met. the development shall not be approved. Policv 2.4 Concurrency service areas (CSA) shall maximize capacity utilization, takinQ into account several factors, includinQ transportation costs, student travel times, socio-economic obiectives, and recoQnition of the timinQ of capacity commitments. Other considerations for amendinQ concurrency service areas may include safe access (includinQ factors such as the presence of sidewalks, bicvcle paths, turn lanes and siQnalization, Qeneral walkabilitv), diversity and QeoQraphic or man-made constraints to travel. The types of phvsical or operational adiustments to school capacity that will be considered in the County shall be determined bv Miami-Dade County Public Schools' policies on maximization of capacity. Periodic adiustments to the boundarv or area of a CSA mav be made bv the School Board to achieve the above stated factors. Other ootential amendments to the CSAs shall be considered annuallv at the Staff Workina Grouo meetina to take olace each vear no later than Aoril 30 or October 31. consistent with Section 9 of the Inter local Aareement for Public School Facilitv Plannina. Policv 2.5 The Citv. throuah the imolementation of the concurrencv manaaement svstem and Miami-Dade Countv Public Schools Facilities Work Proaram for educational facilities. shall ensure that existina deficiencies are addressed and the caoacitv of schools is sufficient to suooort residential develooment at the adooted Level of Service (LOS) standards throuahout the olannina oeriod in the 5-vear schedule of caoital imorovements. Policv 2.6 The Miami-Dade Countv Public Schools Facilities Work Proaram will be evaluated on an annual basis to ensure that the level of service standards will continue to be achieved and maintained throuahout the olannina oeriod. Policv 2.7 The Citv will coordinate with the Miami Dade Countv Public Schools to ensure that the Miami Dade Countv Public School Facilities Work Proaram shall be amended on an annual basis to: 1) add a new fifth vear: 2) reflect chanaes in estimated caoital revenues. olanned caoital aoorooriations costs. olanned caoital facilities oroiects. CSAs and school usaae' and 3)ensure that the Miami Dade Public School Facilities Work Proaram continues to be financiallv feasible for the five vear olannina oeriod. OBJECTIVE 3 Obtain suitable sites for the development and expansion of public school facilities. Measure: Annual inventory and assessment bv Miami-Dade Public County Schools of its property. Policv 3.6 The Citv shall encouraae and CO-ODerate with the Miami-Dade Countv Public Schools in their effort for Dublic school sitina reviews to helD accomDlish the obiectives and Dolicies of this element and other elements of the Citv's ComDrehensive Plan. includina the future land use maD. The Citv shall co-oDerate with the Public Schools to establish Drovisions for a scoDina or Dre-aDDlication meetina as Dart of the educational facilities review Drocess. if determined to be warranted. OBJECTIVE 4 Miami-Dade County Public Schools, the City and other appropriate iurisdictions shall establish and implement mechanism(s) for on-ooino coordination and communication to ensure the adequate provision of public school facilities. Measure: Number of coordination and communication mechanisms, includino Interlocal Aoreements, established and implemented. Policy 4.5 The City shall coordinate, throuah the Staff Workina GroUD of the Inter local Aareement for Public School Facilitv Plannina, with Miami-Dade County Public Schools. the County and non-exempt municipalities to annually review this Element and school enrollment Droiections and make amendments if necessary. Education Element Map Series Consistent with Section 163.3177(12)(0). Florida Statutes. maps showino existino and future conditions are included in the element. A map series - Fioures 1 Band 2B - has been included in this Element which indicates the location of existino and proposed schools and ancillary facilities over the 5 year plannino period. The map series was prepared by Miami Dade County and is included. alono with maps for existino and proposed public schools in four areas of the County that are oenerally equivalent to the proposed Educational Impact Fee Benefit Districts in the County's Education Element. The map has been revised by the City of Aventura to show the location of the Aventura City of Excellence School (ACES). The entire maD series DreDared bv Miami Dade Countv as Dart of its SUDDOrt data. inventory and analvsis dated Julv 3.2007 are herebv adoDted bv reference. AMENDMENT TO CAPITAL IMPROVEMENT ELEMENT Policy 2.4 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: Potable Water Supply... Fire Protection... Public Schools The City shall coordinate new residential development with the future availability of public school facilities consistent with the adopted level of service standards (LOS) for public school concurrency to ensure the inclusion of those oroiects necessarv to address existina deficiencies in the 5 vear schedule of caoital imorovements and meet future needs based uoon achievina and maintainina the adooted LOS standards throuahout the o/annina oeriod. Upon public school concurrency becomino effective, the adopted level of service (LOS) standard for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard, exceot for maanet schools, shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by Miami-Dade County Public Schools. All Ellol81ie seR881 fa8ilitis8 SR81011s 88AtiAIoI€l t8 IT1siAtaiA 8r S€l8f€laS€l tR€lir El€lf8€lAt IoItili2ati8A 8f FI~j.,j 8sEls8it.; AlVitR R€ll88StS81€l Clss8r88ms). PIoI81ie s8R881 fS8iliti€ls tRst s8Ri€lv€l 199% IoItili2Sti8A 8f P8rmaA8At FISj.,j 8sEls8it't (~J8 R8188sts81e CIS8Sf88IT1S) SR81011s A8 18Aaer IoItili28 f818eats81e elSSsf88ms €l)Hil€lElt ss SA 8El8rsti8AsI s81101ti8A. The adooted LOS standard for maanet schools is 100% FISH (with relocatable classrooms) which shall be calculated on a districtwide basis. Level of Service standards for public school facilities shall apply to those traditional educational facilities, owned and operated by Miami-Dade County Public Schools, that are required to serve the residential development within their established Concurrency Service Area. Level of Service standards do not apply to maonet schools, charter schools and other educational facilities that may have districtwide attendance boundaries; however, their capacity is credited aoainst the impact of development. No credit aoainst the impact of development shall be oiven for such districtwide educational facilities if their enrollment is at. or above, 100% FISH capacity (with Relocatable Classrooms). Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational solution to achieve the level of service standard durino replacement. remodelino, renovation or expansion of a public school facility; and in the event of a disaster or emeroency which prevents the School Board from usino a portion of the affected school facility. Aventura City of Excellence School (ACES) The Level of Service (LOS) standard set out above for Public Schools is hereby adopted as the Level of Service (LOS) standard for ACES. Policy 4.18 To address financial feasibility associated with school concurrency, Miami-Dade County Public Schools Facilities Work ProQram for educational facilities, as formally adopted by Miami-Dade County Public Schools in September. 2007. is hereby adopted by reference as part of the Capital Improvement Element. Policy 4.13~ The City of Aventura 2005/06 2009/102007/08 - 2011/12 Capital Improvement Program and the Capital Improvements Schedule included therein, contains a schedule of projects that the City shall implement in order to meet its adopted Level of service standards and ensure the financial feasibility of this Comprehensive Plan. The 2005/06 2009/102007/08 - 2011/12 Capital Improvements Program is hereby adopted by reference as part of the Capital Improvement Element. Policv 4.20 The Miami-Dade Countv Public School Facilitv Work ProGram will be evaluated on an annual basis to ensure that the LOS standards will continue to be achieved and maintained throuGhout the DlanninG Deriod. AMENDMENT TO INTERGOVERNMENTAL COORDINATION ELEMENT Policy 1.21 The Citv shall execute and follow the orocedures established in the adooted "Amended and Restated Interlocal Aareement for Public School Facilities Plannina in Miami-Dade Countv". made between Miami-Dade Countv. Miami-Dade Countv Public Schools and non-exemot municioalities for co-ordination and collaborative olannina and decision makina of land uses. oublic school facilities sitina. decision makina on oooulation oroiections. location and extension of oublic facilities subiect to concurrencv and sitina of facilities with a countvwide sianificance. The City shall coordinate with Miami-Dade County Public Schools, the County and other parties to the adopted Amended and Restated Interlocal Aareement for Public School Facilities Plannina to establish LOS standards for public school facilities and any amendments affectina public school concurrency. ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING AN 'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE 2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOLS AND FOR THE CITY OF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING EXISTING POLICY 4.18 TO POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT AND AMENDING THIS POLICY TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2007/08-2011/12 CAPITAL IMPROVEMENT PLAN; BY ADDING NEW POLICY 4.20 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO ANNUALLY EVALUATE THE MIAMI-DADE COUNTY PUBLIC SCHOOLS FACILITY WORK PROGRAM; BY AMENDING AND ADDING PUBLIC SCHOOL FACILITIES TO THE CONCURRENCY MANAGEMENT SECTION OF THE CAPITAL IMPROVEMENT ELEMENT; BY ADDING A NEW POLICY 1.21 TO OBJECTIVE 1 OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO EXECUTE AND FOLLOW THE PROCEDURES IN THE ADOPTED "AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITIES PLANNING IN MIAMI-DADE COUNTY AND TO COORDINATE THE ESTABLISHMENT OF LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Community Affairs found in compliance the City of Aventura Comprehensive Plan in February, 1999; and WHEREAS, the Florida Department of Community Affairs found sufficient the City of Aventura 2005 Evaluation and Appraisal in March, 2007; and Ordinance No. 2008- Page 2 WHEREAS, Sections 163.3177(12)(i) and 163.3180(13) of the Florida Statutes requires that public school concurrency be adopted by all Florida school boards, counties and non-exempt municipalities; and WHEREAS, the City of Aventura has proposed the adoption of an Education Element into its Comprehensive Plan in order to comply with State statute; and WHEREAS, the City of Aventura has proposed amendments to the policies of the Capital Improvement and Intergovernmental Coordination Elements of the Comprehensive Plan to support the new Education Element; WHEREAS, the City Commission finds that the proposed amendments will not result in impacts on any infrastructure system that will exceed established level of service standards and are otherwise consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Aventura; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the Comprehensive Plan to include the Education Element and to include the amendments to the Capital Improvement Element and Intergovernmental Coordination Element to support the goals, objectives and policies of the new Education Element. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. The foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Addition of Education Element. The following element is added to the City of Aventura Comprehensive Plan 1: "EDUCATION ELEMENT 1 Underlined text indicates additions. Stricken-through text indicates deletions. Double-underlined text indicates additions as a result of the Objections, Recommendations and Comments (ORC) report by the State of Florida Department of Community Affairs. Double stricken-through text indicates deletions as a result of the ORC report. 2 Ordinance No. 2008- Page 3 EDUCATION GOAL Develop, operate and maintain a system of public education in co-operation with Miami-Dade County Public Schools and other appropriate oovernmental aoencies, which will strive to improve the qualitv and quantity of public educational facilities available to the citizenry of the City of Aventura. OBJECTIVE 1 Work towards the reduction of the overcrowdino which currentlv exists in Miami-Dade County Public Schools, while strivino to attain an optimum level of service pursuant to Obiective 2. Work in co-operation with Miami-Dade County Public Schools and other appropriate oovernmental aoencies to provide additional solutions to overcrowdino so that countywide enrollment in Miami-Dade County's public schools will meet state requirements for class size bv September 1, 2010. Measure: Annual review bv Miami-Dade County Public Schools to compare official enrollment of the school system with the number of student stations available to determine the current operatino level of service. Policy 1.1 Continue to work with Miami-Dade County Public Schools in its efforts to continue to provide new permanent student stations. Policy 1.2 Continue to work with Miami-Dade County Public Schools in the City's efforts to operate, maintain and expand alternative educational facilities to relieve overcrowdino at public schools, in so far as fundino and rules permit. Policy 1.3 Cooperate with Miami-Dade County Public Schools in their efforts to maintain and/or improve the established level of service (LOS) standards, for Public Educational Facilities, as established for the purposes of public school concurrency. Policy 1.4 Miami-Dade County Public Schools' comments shall be souoht and considered on comprehensive plan amendments and other land use and zonino decisions which will increase residential density. in order to be consistent with the terms of the state mandated Interlocal Aoreement pursuant to Sections 1013.33,163.3174 and 163.31777, Florida Statutes. OBJECTIVE 2 The City shall coordinate new residential development with the future availabilitv of public school facilities consistent with the adopted level of service standards (LOS) for public school concurrency to ensure the inclusion of those oroiects necessarY to address existina deficiencies 3 Ordinance No. 2008- Page 4 in the 5 vear schedule of caoital imorovements and meet future needs based uoon achievina and maintainina the adooted LOS standards throuahout the olannina oeriod. Measure: Annual review, in cooperation with all parties to the Interlocal Aareement for Public School Facility Plannina, of the latest adopted Miami-Dade County Public Schools Facility Work Proaram to determine if the adopted concurrency level of service standards are beina met. Policy 2.1 Upon public school concurrency becomina effective. the adopted level of service (LOS) standard for all Miami-Dade County oublic school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard. exceot for maanet schools. shall be applicable in each public school concurrency service area (CSA). defined as the public school attendance boundary established by Miami- Dade County Public Schools. All 1iil1ol81ie 8eR881 f8@ilities 8R81011g @8RtiRloIe t8 m8iRt8iR 8r geere8Se tReir liilereeRt IoItiliz8ti8R 8f FISH e81iil8@it't (\.~..titR Rel8e8t881e CI8SSr€~8~S). P1oI81i@ 8@R881 f8eilitie8 tR8t 8eRie'.'e 199% IoItiliz8ti8R 8f Perm8ReRt FISI--l @81iil8eitv (~J8 Rel8e8t881e Cl8ssr88ms) SR81011g R8 18R~er IoItilize f818@8t881e el88sr88ms e)(@eliilt 8S 8R 81iiler8ti8R81 881101ti8R. The adooted LOS standard for maanet schools is 100% FISH (with relocatable classrooms) which shall be calculated on a districtwide basis. Level of Service standards for public school facilities shall apply to those traditional educational facilities. owned and operated by Miami-Dade County Public Schools, that are required to serve the residential development within their established Concurrency Service Area. Level of Service standards do not apply to maanet schools. charter schools and other educational facilities that may have districtwide attendance boundaries; however. their capacity is credited aaainst the impact of development. No credit aaainst the impact of development shall be aiven for such districtwide educational facilities if their enrollment is at. or above, 100% FISH capacity (with Relocatable Classrooms). Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational solution to achieve the level of service standard durina replacement. remodelina, renovation or expansion of a public school facility; and in the event of a disaster or emeraency which prevents the School Board from usina a portion of the affected school facility. Policy 2.2 If demonstrated to be feasible. Miami-Dade County Public Schools and the City of Aventura will strive for all public school facilities to achieve 100% utilization of Permanent FISH (No Relocatable Classrooms) capacity by January 1, 2018.T8 tRis SRg, be~iRRiR~ J8RloI8rv 1. 291 J, tRe Mi8mi g8€le C8lo1Rtv PloI81ie SeR881s SR81011€l R8t IoIse rel8@8t8ble el8ssr88ms t8 Iiilf8vi€le 8€l€liti8R81 FISH e81iil8eitv 8t 8RV SeR881 e)(eeliilt 8S 8R 81iiler8ti81'l81 s81101ti8R. ^€l€liti8R8I1v. if fe8sible, 8e~iRRiR~ J8191018fV 1, 291 J. tRe Mi8mi g8ge C81011'ltv PloIblie SeR881s '.\'ill imliillemsRt 8 SeRS€llolle t8 elimiR8te 811 fem8iRiR~ rel8e8t8ble e18SSf88~S bv "'8RIoI8!?/ 1, 291 S. 4 Ordinance No. 2008- Page 5 All public school facilities should continue to maintain or decrease their percent utilization of FISH capacitv (With Relocatable Classrooms). Public school facilities that achieve 100% utilization of Permanent FISH capacitv (No Relocatable Classrooms) should no lonaer utilize relocatable classrooms except as an operational solution. Bv December 2010, the City in cooperation with Miami-Dade County Public Schools will assess the viabilitv of modifvina the adopted LOS standard to 100% utilization of Permanent FISH (No Relocatable Classrooms) for all CSAs. Policv 2.3 In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed development's impact. the development may proceed provided at least one of the followina conditions is met: a) The development's impact can be shifted to one or more contiauous CSAs that have available capacity and is located, either in whole or in part. within the same lia1ol88ti8R81 Imra88t FeEl Q8R8fit Distri8t Geoaraphic Area as the proposed development: or b) The development's impact is mitiaated, proportionate to the demand for public schools it created, throuah a combination of one or more appropriate proportionate share mitiaation options, as defined in Section 163.3180 (13)(e)1. Florida Statutes '.\'Ri8j;;) 819811 88 ElRf8r88a 8V 8 18~811,' 8iRaiR~ 8€H'El8m8Rt v:itj;;) tR8 City 8Ra Mi8mi D8a9 C8101RtV P1oI81i8 SGiR88Is. The intent of these options is to provide for the mitiaation of residential development impacts on public school facilities. auaranteed bv a leaal bindina aareement. throuah mechanisms that include one or more of the followina: contribution of land: the construction. expansion or pavment for land acauisition or construction of a permanent public school facilitv: or. the creation of a mitiaation bank based on the construction of a permanent public school facilitv in exchanae for the riaht to sell capacitv credits. The proportionate share mitiaation aareement is subiect to approval bv Miami-Dade Countv School Board and the Citv of Aventura and must be identified in the Miami-Dade Countv Public School Facilities Work Proaram. or: c) The development's impacts are phased to occur when sufficient capacity will be available. If none of the above conditions is met. the development shall not be approved. Policv 2.4 Concurrency service areas shall maXimize capacity utilization, takina into account several factors. includina transportation costs. student travel times, socio-economic obiectives, and recoanition of the timina of capacity commitments. Other considerations for amendina concurrency service areas may include safe access (includina factors such as the presence of sidewalks. bicvcle paths, turn lanes and sianalization, aeneral walkabilitv), diversity and aeoaraphic or man-made constraints to travel. The types of phvsical or operational adiustments to school capacity that will be considered in the County shall be determined bv Miami-Dade County Public Schools' policies on maximization of capacity. Periodic adiustments to the boundarv or area of a CSA mav be made bv the School Board to achieve the above 5 Ordinance No. 2008- Page 6 stated factors. Other ootential amendments to the CSAs shall be considered annuallv at the Staff Workina Grouo meetina to take olace each year no later than Aoril 30 or October 31. consistent with Section 9 of the Interlocal Aareement for Public School Facilitv Plannina. Policv 2.5 The City. throuah the imolementation of the concurrency manaaement system and Miami-Dade County Public Schools Facilities Work Proaram for educational facilities. shall ensure that existina deficiencies are addressed and the caoacitv of schools is sufficient to suooort residential develooment at the adooted Level of Service (LOS) standards throuahout the olannina oeriod in the 5-vear schedule of caoital imorovements. Policv 2.6 The Miami-Dade County Public Schools Facilities Work Proaram will be evaluated on an annual basis to ensure that the level of service standards will continue to be achieved and maintained throuahout the olannina oeriod. Policv 2.7 The City will coordinate with the Miami Dade County Public Schools to ensure that the Miami Dade County Public School Facilities Work Proaram shall be amended on an annual basis to: 1) add a new fifth year: 2) reflect chanaes in estimated caoital revenues. olanned caoital aoorooriations costs. olanned caoital facilities oroiects. CSAs and school usaae: and 3)ensure that the Miami Dade Public School Facilities Work Proaram continues to be financiallv feasible for the five year olannina oeriod. OBJECTIVE 3 Obtain suitable sites for the develooment and expansion of public school facilities. Measure: Annual inventory and assessment by Miami-Dade Public County Schools of its property. Policy 3.1 In the selection of sites for future educational facility development. the City encouraQes Miami- Dade County Public Schools to consider whether a school is in close proximity to residential areas and is in a location that would provide a 10Qical focal point for community activities. Policy 3.2 Where possible, Miami-Dade County Public Schools should seek sites which are adiacent to existinQ or planned public recreation areas, community centers, libraries, or other compatible civic uses for the purpose of encouraQinQ ioint use facilities or the creation of 10Qical focal points for community activity. Policy 3.3 When considerinQ a site for possible use as a school facility, Miami-Dade County Public Schools should review the adequacy and proximity of other public facilities and services 6 Ordinance No. 2008- Page 7 necessary to the site such as roadway access, transportation, fire flow and portable water. sanitary sewers, drainaoe. solid waste. police and fire services, and means by which to assure safe access to schools, includino sidewalks. bicycle paths, turn lanes, and sionalization. Policv 3.4 When considerino a site for possible use as an educational facility Miami-Dade County Public Schools should consider whether the present and proiected surroundino land uses are compatible with the operation of an educational facility. Policv 3.5 The City of Aventura shall continue to cooperate with adiacent local oovernments and Miami- Dade County Public Schools in utilizino Miami-Dade County Public Schools as emeroency shelters durino emeroencies. Policv 3.6 The City shall encouraee and co-ooerate with the Miami-Dade Countv Public Schools in their effort for oublic school sitine reviews to helD accomolish the obiectives and oolicies of this element and other elements of the City's Comorehensive Plan. includine the future land use maD. The Citv shall co-oDe rate with the Public Schools to establish orovisions for a scooine or ore-aoolication meetine as Dart of the educational facilities review orocess. if determined to be warranted. OBJECTIVE 4 Miami-Dade County Public Schools, the City and other appropriate iurisdictions shall establish and implement mechanism(s) for on-ooino coordination and communication to ensure the adequate provision of public school facilities. Measure: Number of coordination and communication mechanisms, includino Interlocal Aoreements, established and implemented. Policv 4.1 The City shall coordinate and cooperate with Miami-Dade County Public Schools. the County, the State and other appropriate aoencies to develop or modify rules and reoulations in order to simplify and expedite proposed new educational facility developments and renovations. Policv 4.2 The location of future school facilities should occur where capacity of other public facilities and services is available to accommodate the infrastructure needs of the school facility. Policv 4.3 Miami-Dade County Public Schools should coordinate school capital improvement plans with the planned capital improvement proiects of the City and other County and municipal aoencies. Policv 4.4 7 Ordinance No. 2008- Page 8 The City shall coordinate with Miami-Dade County Public Schools and the County to provide for pedestrian and traffic safety in the area of schools and sionalization for school facilities. Policv 4.5 The City shall coordinate, throuah the Staff Workina Groue of the Interlocal Aareement for Public School Facilitv Plannina, with Miami-Dade County Public Schools and the County to annuallv review this Element and school enrollment proiections and make amendments if necessary. OBJECTIVE 5 The City shall continue to operate and maintain the municipallv-owned Aventura City of Excellence School (ACES). Measure: Continued operation and maintenance of the Aventura City of Excellence School (ACES). Policy 5.1 The City and Miami-Dade County Public Schools shall follow the procedures established in the adopted Charter School Contract. as amended from time to time, for operation, maintenance and fundino of the Aventura City of Excellence School. which school is built to SREF standards of the Florida Buildino Code. PolicV 5.2 The mission of the School is to provide the residents of the City of Aventura an educational choice for their children within the City limits while alleviatino some of the County's orowino educational needs. The school will serve students in Grades Kinderoarten throuoh Eioht. Policv 5.3 The City shall consider a proposal for proportionate share mitioation that provides improvement for ACES, if the development is located within the City. Policv 5.4 The Level of Service (LOS) standard of Policv 2.1 of this Element is hereby adopted as the LOS standard for ACES. Policy 5.5 The City shall use Florida Department of Education desion criteria to calculate the capacity of ACES. Policv 5.6 The City shall strive to enroll a student population of 100% of the capacity in the adopted Charter School Contract for ACES. Education Element MaD Series 8 Ordinance No. 2008- Page 9 Consistent with Section 163.3177(12)(0), Florida Statutes, maps showino existino and future conditions are included in the element. A map series - Fioures 1 Band 2B - has been included which indicates the location of existino and proposed public schools and ancillary facilities over the 5-vear plan nino period. This map series was prepared bv Miami-Dade County and is included, alono with maps for existino and proposed public schools in four areas of the County that are oenerallv equivalent to the proposed Educational Impact Fee Benefit District. in the County's Education Element. The map has been revised bv the City of Aventura to show the location of the Aventura City of Excellence School (ACES). The entire maD series DreDared bv Miami Dade Countv as Dart of its SUDDOrt data. inventorv and analvsis dated Julv 3.2007 are herebv adoDted bv reference. Map locations of future public school facilities are oeneral and do not prescribe a land use on a particular parcel of land. Fioure 1 B - Existino Educational and Ancillary Facilities Located in the Northeast Area - 2007 Revised to show Aventura City of Excellence School Fioure 2B - Proposed Education and Ancillarv Facilities Located in the Northeast Area - 2012/13 Section 3. Amendment to Capital Improvement Element. The Capital Improvement Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1 : Policy 2.4 of Objective 2 of the Capital Improvement Element is amended to include Level of Service standards for public schools Policy 2.4 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall incorporate the identified capital investments from each functional element and will be based on the following LOS standards: ... Potable Water Supply... Fire Protection... "Public Schools 9 Ordinance No. 2008- Page 10 The City shall coordinate new residential development with the future availability of public school facilities consistent with the adopted level of service standards (LOS) for public school concurrency to ensure the inclusion of those oroiects necessarv to address existina deficiencies in the 5 vear schedule of caoital imorovements and meet future needs based uoon achievina and maintainina the adooted LOS standards throuahout the olannina oeriod. Upon public school concurrency becomina effective, the adopted level of service (LOS) standard for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard, exceot for maanet schools. shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by Miami- Dade County Public Schools. All Iiillolelie SeR881 faiilities sR8lo11a e8RtiRloIe t8 maiRtaiR 8r aeireaBe tReir liilereeRt loItiliOi!ati8R €If F"ISj.4 ialiilaiit': ('NitR Rel8eataele ClasBr88ms). PloIelie SiR881 faiilities tRat aiRi9'.!8 100% loItiliOi!ati8R €If PermaReRt FISj.4 ialiilaiit'l (~J8 Rel8iataele Classr88ms~ SR8\;;11a R8 18miler loItili0i!8 rel8eataele ilassr88ms €l}(ieliilt as aR 81iilerati8Ral B8llo1ti8R. The adooted LOS standard for maanet schools is 100% FISH (with relocatable classrooms) which shall be calculated on a districtwide basis. Level of Service standards for public school facilities shall apply to those traditional educational facilities, owned and operated by Miami-Dade County Public Schools, that are required to serve the residential development within their established Concurrency Service Area. Level of Service standards do not apply to maanet schools, charter schools and other educational facilities that may have districtwide attendance boundaries; however, their capacity is credited aaainst the impact of development. No credit aaainst the impact of development shall be aiven for such districtwide educational facilities if their enrollment is at. or above, 100% FISH capacity (with Relocatable Classrooms). Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational solution to achieve the level of service standard durina replacement. remodelina, renovation or expansion of a public school facility: and in the event of a disaster or emeraency which prevents the School Board from usina a portion of the affected school facility. Aventura City of Excellence School (ACES) The Level of Service (LOS) standard set out above for Public Schools is hereby adopted as the Level of Service (LOS) standard for ACES." Policy 4. 18 is added to Objective 4 of the Capital Improvement Element to adopt by reference the Miami-Dade County Public Schools Facilities Work Program "Policv 4.18 10 Ordinance No. 2008- Page 11 To address financial feasibility associated with school concurrency, Miami-Dade County Public Schools Facilities Work Proqram for educational facilities. as formally adopted by Miami-Dade County Public Schools in September, 2007, is hereby adopted by reference as part of the Capital Improvement Element." Policy 4. 18 of Objective 4 of the Capital Improvement Element is renumbered to Policy 4.19 and amended to adopt by reference the most current City of A ventura Capital Improvement Program "Policy 4.18!! The City of Aventura 2005/06 2009/102007/08 - 2011/12 Capital Improvement Program and the Capital Improvements Schedule included therein, contains a schedule of projects that the City shall implement in order to meet its adopted Level of service standards and ensure the financial feasibility of this Comprehensive Plan. The 2005/06 2009/102007/08 - 2011/12 Capital Improvements Program is hereby adopted by reference as part of the Capital Improvement Element." Policv 4.20 The Miami-Dade Countv Public School Facilitv Work Proaram will be evaluated on an annual basis to ensure that the LOS standard will continue to be achieved and maintained throuahout the olannina oeriod. The Concurrency Management System section of the Capital Improvement Element is amended to include public school facilities and existing sections are renumbered "Concurrency Management System A key component of the Growth Management Act is the concurrency management system. Section 163.3202 F.S. requires local governments to amend its land development regulations to incorporate specific and detailed provisions which shall provide that public facilities and services meet or exceed the LOS standards established in the Plan's Capital Improvements Element and are available when needed for the development, or that the development orders or permits are conditioned on the availability of these public facilities and services necessary to serve the development. Chapter 163.3164, F.S. defines 'development order' to include any zoning action, subdivision approval, certification, permit, or any other official action of local government having the effect of permitting the development of land. A variety of such development orders are typically issued by local governments. These include zoning district boundary changes, variances, unusual use, and site plan approval; environmental permits and certifications; tentative and final subdivision plat approval; building permits, and certificates of use and occupancy. In order to implement the concurrency requirements mandated by Chapter 163, F.S. the City of Aventura shall enact by ordinance, a concurrency management system which accomplishes the 11 Ordinance No. 2008- Page 12 statutory requirements. Administration of the required program involves the establishment of methods and capabilities to monitor outstanding development commitments and service demands posed by such commitments, plus the existing, programmed and projected capacities of all pertinent urban service facilities or systems. The Aventura concurrency management system shall make appropriate concurrency determinations in conjunction with the following development approval activities: 1) at the time of zoning actions, site plan approvals and subdivision approvals; 2) prior to the issuance of building permits; and, 3) prior to the issuance of certificates of use and occupancy. In general, no zoning action authorizing a new use or the expansion of an existing use and no subdivision plat or site plan shall be approved unless the facilities necessary to maintain level of service standards exist or are projected to exist when necessary to serve the development. Zoning approvals shall be based on inclusion of necessary facilities in the applicable Element of the Plan, or in the plan or work program of the agency having jurisdictional responsibility for provision of the facilities. Such findings shall be included in staff recommendations to the City Commission, or other applicable board. If the foregoing plans and programs indicate a low probability that concurrency will be met, but the necessary facilities are technically feasible, such rezoning action should be preceded by an amendment to the appropriate plan or work program to add the necessary facilities. Alternatively, such zoning may be approved if the applicant executes a written agreement to provide the necessary facilities on a timely basis. All such development approvals prior to the 'Principal Concurrency Determination' will contain a notice reserving the right of the City to make its principal concurrency determination prior to the issuance of building permits. A principal concurrency determination will be required prior to obtaining any subsequent development order. It is intended that at least one principal concurrency determination be made at an early stage in the development planning process, prior to the point at which major expenses are incurred in reliance on development approval. Principal concurrency determinations will be made prior to the approval of subdivision plats or, in instances where plat approvals are not required or have predated the effective date of the concurrency requirement, a principal concurrency determination will be made prior to issuance of a building permit. A principal concurrency determination made at final plat approval will serve as the determination of requested building permits where said permits are issued within two (2) years after the date of final plat approval. Where the applicant demonstrates that development has commenced on a timely basis and is continuing in good faith, this period may be extended but in no case shall this period exceed five (5) years after final plat approval. Administrative procedures for demonstrating that development has commenced on a timely basis and is continuing in good faith shall be established in the land development regulations. 12 Ordinance No. 2008- Page 13 · Except as provided below, in no instance shall a building permit be issued authorizing construction of a new building or expansion of an existing building unless facilities necessary to maintain LOS standards are existing and available or are assured to be existing and available within the following timeframes~ rekltive to the d:3te of issu:3nce of :3 certific:3te of use :3nd occupancy (CO) 1) Necessary water, sewer, solid waste and drainage facilities must be in place and available at the time of issuance of a CO; 2) Necessary park land must be dedicated to and accepted by the City no later than the date of issuance of the first CO for that development or funds in the amount of the developer's fair share shall be committed prior to the issuance of the first CO unless the developer has entered into a binding agreement to dedicate an improved park site within twelve months after issuance of the first CO; 3) Necessary transportation facilities must be contracted for construction no later than 36 months after issuance of a CO · Assurance that the facilities (the term facilities shall mean or shall include land, and the phrase 'construction of facilities' shall mean acquisition of land, when applicable to a Plan LOS standard) will be constructed, or acquired and available, within the timeframes established in the above paragraph shall be provided by the following means: (4) Necessary public school facilities must be in place or under actual construction within 3 years after issuance of final subdivision or site plan approval or the functional equivalent. or assured by a proportionate share mitiQation aQreement. 49.) The necessary facilities are under construction at the time the building permit is issued; 52) The necessary facilities and services are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the building permit is issued; en The necessary facilities are funded and programmed in the first year of the implementing agencies adopted capital budget or are programmed in the CIE for the construction or acquisition; the necessary facilities shall not be deferred or deleted from the CIE work program or adopted one-year capital budget unless the dependent building permit expires or is rescinded prior to the issuance of a certificate of use or occupancy; 13 Ordinance No. 2008- Page 14 +~) The necessary facilities are programmed, in the five ye3r first three (3) years of ~capital facility plan or work program of the State agency having operational responsibility for affected facilities, for construction or acquisition; g~) The necessary facilities and services are guaranteed, in an enforceable development agreement, to be provided by the developer. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, F.S. or an agreement or development order issued pursuant to Chapter 380, F.S.; or 910) Timely provision of the necessary facilities will be guaranteed by some other means or instrument providing substantially equivalent assurances. Wll) Where solid waste disposal facilities are to be available for years 3 through 5 pursuant to the adopted LOS standard are not in place and available prior to the issuance of a CO, a commitment for that capacity to be in place and available to accommodate projected demand in those future years shall be made through the means above, prior to the issuance of a CO. 4412) A proposed development will not be denied a concurrency approval for transportation facilities provided that the development is otherwise consistent with the adopted Comprehensive Plan and it meets the following criteria pursuant to Section 163.3180, F.S.: The proposed development is located within the Urban Infill Area (UIA), as adopted and described in the 1997 Miami-Dade County Comprehensive Development Master Plan Capital Improvements Element and the Transportation Element, Traffic Circulation Subelement Policy 1 B. It is anticipated that after building permits are issued, determinations of concurrency prior to the issuance of COs may simply involve review and verification of compliance with terms and conditions set forth in the foregoing paragraphs. The concurrency management system is solely used to implement minimum level of service standards. In the review of applications for development orders, neither the satisfaction of these minimum standards, nor exceptions from them, shall preempt the City of Aventura from considerations of any other standards nor criterion set forth in the applicable development reg u lations." 14 Ordinance No. 2008- Page 15 Section 4. Amendment to the InterQovernmental Coordination Element. The Intergovernmental Coordination Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1 : Policy 1.21 is added to Objective 1 regarding establishment of level of service standards for public school facilities "Policv 1.21 The Citv shall execute and follow the procedures established in the adooted "Amended and Restated Interlocal Aareement for Public School Facilities Plannina in Miami-Dade Countv: made between Miami-Dade Countv. Miami-Dade Countv Public Schools and non-exemot municioalities for co-ordination and collaborative olannina and decision makina of land uses. oubic school facilities sitina. decision makina on oooulation oroiections. location and extension of oublic facilities subiect to concurrencv and sitina of facilities with a countvwide sianificance. The Citv shall coordinate with Miami-Dade Countv Public Schools. the County and other parties to the adopted Interlocal AQreement for Public School Facility PlanninQ to establish LOS standards for public school facilities and any amendments affectinQ public school concurrency." Policies 1.21 to 1.24 inclusive of Objective 1 are renumbered "Policy .f-..241.22 The City will annually review Miami-Dade County Public School's Tentative District Educational Facilities Plan and the 5-Year Workplan, as provided for in the "Interlocal Agreement for Public School Facility Planning in Miami-Dade County". This review will include an analysis of the Tentative District Educational Facilities Plan and the 5-Year Workplan's consistency with the Comprehensive Plan, and the identification of any necessary Comprehensive Plan amendments. Policy .f..221.23 The City shall continue to coordinate with the State and other agencies, as appropriate, In achieving the goals, objectives, and policies of the State Comprehensive Plan. Policy 4-.231.24 The City shall continue to coordinate with the South Florida Regional Planning Council, and other agencies as appropriate, in achieving the goals, objectives, and policies of the South Florida Strategic Regional Policy Plan. Policy 4-.-241.25 The City shall coordinate, as appropriate, with the State of Florida, South Florida Regional Planning Council, Miami-Dade County Public Schools, and other agencies in the adoption of a Public Schools Element into the Comprehensive Plan by 2008. Areas to be addressed in the Public Schools Element include, but are not limited to, public school concurrency requirements, 15 Ordinance No. 2008- Page 16 coordination with other jurisdiction in the development and implementation of uniform school concurrency procedures, proportionate share school impact mitigation options for developers, the collocation of schools with other public facilities, the location of schools proximate to residential areas, the use of schools as emergency shelters, the location of existing and planned school facilities (including maps). " Section 5. 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 6. Inclusion in the Comprehensive Plan. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 7. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs and other agencies as provided under Chapter 163, Part II of the Florida Statutes. Section 8. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. 16 Ordinance No. 2008- Page 17 The foregoing Ordinance was offered by Vice Mayor Stern, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb PASSED on first reading on this 2nd day of October, 2007. 17 Ordinance No. 2008- Page 18 PASSED AND ADOPTED on this 3rd day of June, 2008. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIE !-rJ;/~ CITY ATTORNEY Susan Gottlieb, Mayor 18 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Resolution Adopting in Principle the Capital Improvement Program Document 2008/09 to 2012/13 June 3, 2008 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution adopting, in principle, subject to annual revision and authorization, the Capital Improvement Program for 2008/09 to 2012/13. BACKGROUND The 2008/09 to 2012/13 Capital Improvement Program document was reviewed at the May Commission Workshop Meeting. If you have any questions, please feel free to contact me. EMS/act Attachment CC01620-08 RESOLUTION NO. 2008-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2008/09 TO 2012/13 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program document for fiscal years 2008/09 to 2012/13, attached hereto was presented and recommended to the City Commission of the City of Aventura by the City Manager as a long term plan of proposed capital expenditures, the means and methods of financing the projects and an action plan for the implementation of the projects; and WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Transportation, Drainage and Infrastructure Improvements, Public Buildings and Facilities, Information Technology and Capital Equipment Purchase and Replacement which represents a commitment by the community toward achievement and maintenance of a desirable high quality of life for all residents; and WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement Program which adopts a sound financing plan. WHEREAS, the City Commission has reviewed the Capital Improvement Program document at a public meeting of the City Commission and wishes to adopt said document in concept. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby accepts and adopts in principle, subject to annual revisions and authorization, the City of Aventura Capital Improvement Program document for fiscal years 2008/09 to 2012/13 attached hereto and incorporated herein as specifically as if set out at length herein. Section 2. The City Manager be and the same is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing resolution was offered by Commissioner _' who moved its adoption. The motion was seconded by Commissioner _' and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Zev Auerbach Mayor Susan Gottlieb Resolution No. 2008- Page 2 PASSED AND ADOPTED this 3rd day of June, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ~ N~ CITY ATTORNEY 4 .... ~"'II City of A ventura Capital Improvement Program 2008/09 - 2012/13 ~ '~rl' e ,I.~ eq~ ., ~%lP'" CAPITAL IMPROVEMENT PROGRAM 2008/09 -2012/13 CITY OF AVENTURA CITY COMMISSION Mayor Susan Gottlieb Com missioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Com missioner Luz Urbaez Weinberg CITY MANAGER Eric M. Soroka DEPARTMENT DIRECTORS Weiss Serota Helfman Pastoriza Cole & Boniske, P.A., City Attorney Robert M. Sherman, Community Services Director Teresa M. Soroka, City Clerk Joanne Carr, Planning Director Mariano Fernandez, Building Director/Official Karen J. Lanke, Information Technology Director Steven Steinberg, Police Chief Julie Aim, Principal Brian K. Raducci, Finance Support Services Director City of A ventura w=m<n,C<ottr 19WOW...c....ottl'C1ubDri... ^V<n"'I>.Rorid.13180 Oflice of the City Manager The Honorable Mayorand Members of the City Commission CityofAventura AventLr8, Florida 33180 Enclosed herein is the proposed City ct Aventura (1I1e Tity") Capta Improvement Program (CIP) Ie( the fiscal period October 1, 2008 ttlrough September 30,2013 and thJ propJsed Capital Budget Ie( the Fiscal period October 1,2008through September30, 2009 The primary goal of the CIP is to develop along-term plan of proposed capita expenditures, the means am methods of financing, md a schedule of priorities for implementatioo It is importart to stress tha &18 CIP is a planning tool to evaluate infrestructureneeds of the City as well as the financial cap abilities of the City In order to determire the impact of the CIP on the City's future operating budget, the City Commission andresioonts will be provided with the beref its ofa CIP oocumentwhich serves as a point of reference am includes an estimated IDng-tennbudgetplan Atthis point in the City's history, the need foc major capital imp:ovementfunding has decreased due to a very ambitious schecl.ile of completing major commurity facilities and infrastructure projects during the past li>ie~e years since the incorporaion of &18 City Tlis document represents an LIldate of the CIPthat was ociginally prepared for the five-year cycle of 2007 to 2012 Tha update process is important for the CIP to become a corti wing and ongoing planning/implementation process The lest four years of last year's pr()]ram were reevaluated in light of unanticipated needs, cost revisions, rew project priorities and the financial condition of the City Inaddition,theCIPwasupdated to add new projects in the fifth year (2012/13) to complete the cycle Projects inclLded within the framework of thJ pro!1am were based on input from COOlmissiooers,staff,Cityconsultantsmdcitizens The following represents tha significmt revisions or modifications to the proposed CIP compared to the prior document . Updated the Arts & Cultural Center Project description and budget. . Added Country Club Drive (Northbound) Road Resurfacing project - $750,000. . Updated NE 19151 Street Traffic Improvements budget - $507,000. . Updated NE 183rd Street Traffic Improvements budget - $500,000. . Added NE 1991h Street/West Country Club Drive right turning lane - $182,000. . Added Charter School Classroom Expansion Project - $1 ,600,000 The proposed 2008 - 2013 CI P includes 28 projects in five (5) functional categories with a total value of $18,793,742. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (3%), Transportation, Drainage and Infrastructure Improvements (26%), Capital Equipment Purchase and Replacement (15%), Information/Communication Technology (16%) and Public Buildings and Facilities Improvements (40%). Major emphasis was placed on the following projects: . Arts & Cultural Center . Charter School Classroom Expansion . Transportation and Traffic Improvements . Stormwater Drainage Improvements $5,700,000 1,600,000 1,189,000 1,000,000 The document contains a detailed funding plan that forecasts revenues necessary to fund both the CIP and the operating budgets over the next five (5) years. The proposed funding plan is based on the assumption that operating expenditures can be maintained at certain percentage increases and revenues grow at specified levels. I am proud of the many accomplishments and the support the City Commission and residents have shown in the implementation of the capital projects since the incorporation of the City. Our beautification projects, park and open space additions, Government Center, Community Recreation Center, Charter School, transportation improvements and many other community enhancements continue to exhibit our commitment to excellence and professionalism. This document serves many purposes. Importantly it serves as an aid to the residents in providing a better understanding of the City's long-term capital needs and how the City intends to meet these demands. It also details our continuing effort to address the needs and concerns of our citizens while making prudent financial decisions which contribute to the City's long term financial health. The preparation and formulation of this document could not have been accomplished without the dedicated efforts of all Department Directors and their staff. Their professional efforts have assisted in the preparation of this important planning program. I request and recommend that you take the following actions regarding the proposed 2008 - 2013 Capital Improvement Program: 1. Hold a workshop meeting to review the CIP document in May. 2. Transmit copies of the CIP summary document to the public. 3. Hold a public hearing to conceptually adopt the final CIP document, by resolution, for implementation. All questions relating to the CIP should be referred to my attention. Respectfully submitted, E~. so~ City Manager CAPITAL IMPROVEMENT PROGRAM 2008 - 2013 HIGHLIGHTS . Includes the construction of an Arts and Cultural Center that could be utilized to host a variety of performing arts and cultural programming for all age groups. This project will be constructed adjacent to the Community Recreation center. . Road maintenance projects that total $2,645,000 to resurface asphalt and enhance safety are included for Williams Island Road, NE 190th Street, Hospital District, NE 29th Avenue, NE 34th Avenue NE 18ih Street, NE 185th Street, NE188th street and the northern portion of Country Club Drive. . Ten new classrooms will be constructed for the 2009/10 school year at the Charter School to meet the State class size amendment requirements . Utilizes a stormwater utility program to maintain drainage systems throughout the City. A total of $1,000,000 has been earmarked during the five-year period. . Continues the implementation of Biscayne Boulevard intersection improvements for NE 183rd Street and NE 1915t Street as well as the addition of a right-hand turn lane at Country Club Drive and NE199th Street at a cost of $1,189,000. . Provides the necessary equipment to continue to provide high quality and effective police services. . Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of City operations. . Ensures that the tools of production, vehicles, equipment and technology, are available for City operations. CAPITAL IMPROVEMENT PROGRAM 2008 - 2013 TABLE OF CONTENTS INTRODUCTION Purpose of the Capital Improvement Program Legal Authority Development of the Capital Improvement Program Capital Improvement Program Policies Preparing the Capital Budget Locating a Specific Capital Project Reading the Program Schedules OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects Summary of Major Programs Summary of Proposed Appropriations by Funding Source Summary of Project by Location and Year FUNDING PLAN Introduction Debt vs. Pay-As-You-Go Financing Required Separation of Funding Sources Summary of Financing Plan Model Proposed Financing Plan General Fund Proposed Financing Plan Transportation Fund Proposed Financing Plan Park Development Fund Proposed Financing Plan Stormwater Utility Fund PAGE 1 2 2 3 4 4 5 7 7 7 9 11 11 12 13 14 18 19 20 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES Beautification and Park Facilities Improvements Transportation, Drainage and Infrastructure Improvements Public Buildings and Facilities Improvements Information/Communications Technology Capital Equipment Purchases and Replacements 23 30 37 41 49 INTRODUCTION City of A ventura INTRODUCTION This section describes what a Capital Improvement Program (CIP) is and the process for developing the City of Aventura (the "City") Capital Improvement Program and Capital Budget. This introduction also explains how to locate a specific project in this document. PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM The purpose of the CIP is to establish a long term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CIP document as a point of reference and estimated long term budget plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The CIP is an official statement of public policy regarding long-range capital development within the City. A capital improvement is defined as a capital expenditure of $5,000 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character, and durable equipment with a life expectancy of more than one (1) year. In addition, equipment that has a value of $5,000 or less is also included in this document for budgetary purposes. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also communicates to the citizens, businesses and interested parties the City's capital priorities and plan for implementing projects. The five-year CIP is updated annually to add new projects in the fifth year, to re- evaluate the program and project priorities in light of unanticipated needs, and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes a continuing part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: 1. The CIP is a tool for implementing the City's Comprehensive Plan. 2. The CIP process provides a mechanism for coordinating among projects with respect to function, location, and timing. Capital Improvement Program 2008-2013 Page 1 City of A ventura 3. The yearly evaluation of project priorities ensures that the most crucial projects are developed first. 4. The CIP process facilitates long-range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long-range fiscal framework. The sound fiscal policy that results from this process will have a positive impact on the City's bond rating. 5. The impact of capital projects on the City's operating budget can be projected. 6. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments and the City Commission. LEGAL AUTHORITY A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations, incorporated as Chapter 163, Florida Statues. DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM The City's capital programming process began in December when operating departments were required to prepare requests for all proposed capital projects anticipated during the period of 2008 - 2013. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, need of residents and funding. Projects were prioritized on the basis of Urgency, Necessity, Desirability, and Deferability. The City Manager reviewed departmental requests and conducted individual meetings with Department Directors. The departmental requests were prioritized and the five- year schedule of projects was compiled into document form by the City Manager. The methods of financing and revenue sources were then prepared by the Finance Support Services Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and public for review. In order to facilitate public involvement, public hearings and community meetings will be held to unveil and review the CIP document prior to the adoption of a Resolution approving the CIP in principle. Capital Improvement Program 2008-2013 Page 2 City of A ventura CAPITAL IMPROVEMENT PROGRAM POLICIES 1. Annually, the City will prepare a five-year capital improvement program analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. 2. The City will perform all capital improvements in accordance with an adopted CIP. 3. The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one (1) year and a value of $5,000 or more. In addition, equipment that has a value of $5,000 or less is also included in the document for budgetary purposes. 4. The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. 5. The first year of the five-year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. 6. The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. 7. The City will identify the estimated cost of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. 8. The City will determine the most appropriate financing method for all new projects. 9. If appropriate, the City will attempt to maintain a mixed policy of pay-as-you-go and borrowing against future revenues for financing capital projects. 10 The City will maintain ongoing maintenance schedules relating to road, sidewalk and drainage system improvements. 11. The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. 12. A CIP preparation calendar shall be established and adhered to. 13. Capital projects will conform to the City's Comprehensive Plan. 14. Long-term borrowing will not be used to fund current operations or normal maintenance. 15. The City will strive to maintain an unreserved General Fund Fund Balance at a level not less than 7.5% of the annual General Fund revenue. Capital Improvement Program 2008-2013 Page 3 City of A ventura 16. If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid-year budget amendments will be utilized to provide formal budgetary authority. In addition budget amendments may be utilized to increase appropriations for specific capital projects. PREPARING THE CAPITAL BUDGET The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five-year program as part of the annual budget review process. Based on the CIP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. Capital Improvement Programming thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure of funds for employee salaries, supplies and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Support Services Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. LOCATING A SPECIFIC CAPITAL PROJECT The Capital Improvement Program is divided into five (5) program areas as follows: Beautification and Parks (BP) Transportation, Drainage and Infrastructure Improvements (TDI) Public Buildings and Facilities (PBF) Information/Communication Technology (ICT) Capital Equipment Purchase & Replacement (CE) Each project in the Capital Improvement Program has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to functional category priority number assigned by the City Manager. The final digits outline the individual department requesting the project. For example, project TDI-1-CS is Transportation, Drainage and Infrastructure Improvements project number one which was requested by the Community Services Department. Capital Improvement Program 2008-2013 Page 4 City of A ventura READING THE PROGRAM SCHEDULES Detailed information about each capital project is presented in the section titled "Capital Improvement Program Project Descriptions and Funding Schedules." The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. Capital Improvement Program 2008-2013 Page 5 Capi1:al Improvemen1: Program 2008-2013 Ci1:y of Aven1:ura OVERVIEVV Page G City of Aventura OVERVIEW OF RECOMMENDED PRo.JECTS SUMMARY OF RECOMMENDED PROJECTS The proposed 2008 - 2013 CIP includes 28 projects in five (5) functional categories with a total value of $18,793,742. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (3%), Transportation, Drainage and Infrastructure Improvements (29%), Capital Equipment Purchase and Replacement (15%), Information/Communication Technology (16%) and Public Buildings and Facilities Improvements (40%). SUMMARY OF MAJOR PROGRAMS The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five (5) years covered by the CIP. Table 1 Program 2008/09 2009/10 2010/11 2011/12 2012/13 TOTAL Beautification &Parks Facilities $ 83,000 $ 13,500 $ 445,600 $ 66,500 $ 15,250 $ 623,850 Transportation, Drainage & 1,374,000 1,015,000 000,000 695,000 950,000 4,834,000 Infrastructure Public Buildings & Facilities 6,905,500 700,000 0 0 0 7,605,500 Information/Communication 724,500 709,220 482,008 469,869 529,304 2,915,701 Technology Capital Equipment 479,000 664,260 647,960 520,371 502,300 2,814,691 Totals $ 9,566,000 $ 3,101,980 $ 2,376,368 $ 1,751,740 $ 1,996,854 $ 18,793,742 Capital Improvement Program 2008/09 - 2012/13 Summary By Function Capital Equipment 15% Beautification & Parks Facilities 3% Transportation Drainage & Infrastructure 20% Infonnation Technology 16% Public Buildings 40% Capital Improvement Program 2008-2013 Page 7 City of Aventura SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five (5) years of the program. Table 2 Capital Improvement Program 2008/09 - 2012/13 SummaryByFundingSource Funding Source 2008109 2009/10 201CW11 2011/12 2012/13 TOTAL General 3,021,000 1,913,900 1,470,368 959,240 948,854 8,314,242 StormwaterUtility 200,000 200,000 200,000 200,000 200,000 1,000,000 Parks Development 70,000 250,000 320,000 Charter School 1,690,000 123,000 106,000 97,500 98,000 2,114,500 County GOB Proceeds 4,100,000 0 4,100,000 Transportation Fund 485,000 615,000 600,000 495,000 750,000 2,945,000 $ 9,566,000 $ 3,101,900 $ 2,376,368 $ 1,751,740 $ 1,996,854 $ 18,793,742 The proposed funding plan involves a commitment to "pay as you go" annual appropriations established in yearly budgets and does not include additional long term debt Funding Source Summary General 47% Stormwater Utility 50Parks Development 2% Charter School 11% Transportation 17% County GOB Proceeds 24% Capital Improvement Program 2008-2013 Page 8 City of A ventura SUMMARY OF PROJECTS BY LOCATION AND YEAR The following outlines the major projects by location and the year they are proposed to be funded: Table 3 Capital Improvement Program 2008/09 - 2012/13 Summary By Location Location Founders Park Improvements Arts & Cultural Center Charter School Classrooms Country Club Drive Tennis Court NE 191 Street Traffic Improvements NE 190th Street Improvements Hospital District Williams Island Road NE 34th Avenue NE 29th Avenue NE 187th Street NE 185th StreetlNE 31th Avenue NE 188th Street2011/12 Country Club Drive Community Center Improvements Beautification Transportation Improvements Improvements 2008109 2008-2010 2008109 2009/10 2008-2010 2010/11 2010/11 2010/11 2011/12 2011/12 2012/13 Drainage Park Facilities Improve Improve Improve 2010-2011 2008-2010 2008109 2008109 2008109 2008109 Capital Improvement Program 2008-2013 Page 9 o o o Capital Improvement Program 2008-2013 City of Aventura ~~ " e'\("q, G{p of EXce~ FUNDING PLAN Page 10 City of A ventura FUNDING PLAN INTRODUCTION In order for a CIP to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the CI P itself but the required operating expenses and debt service requirements of the City. In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: 1. A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the CIP. 2. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. 3. Once the CIP projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the CIP for each year. 4. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will be made on whether the program is to be financed by the issuance of debt, on a pay-as-you-go basis or some combination of the two (2). The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five-year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets, and ordinances to implement fee structures which will be required to fund the program each year. DEBT VS PAY-AS-YOU-GO FINANCING Debt financing through the issuance of long term bonds is most appropriate when: 1. There are a small number of relatively large dollar value projects. 2. The large projects cannot be broken into segments and the costs distributed over a larger time frame without impairing the usefulness of the project. Capital Improvement Program 2008-2013 Page 11 City of A ventura 3. The projects are non-recurring. 4. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long-term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay-as-you-go financing is most appropriate for a CIP which includes: 1. A large number of projects having a relatively small dollar value. 2. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. 3. Projects which are of a recurring nature. 4. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay-as-you-go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a CI P. REQUIRED SEPARATION OF FUNDING SOURCES In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: 1. General Fund 2. Transportation and Street Maintenance Fund 3. Charter School Fund 4. Park Development Fund Capital Improvement Program 2008-2013 Page 12 City of A ventura 5. Stormwater Utility Fund In accordance with accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition, capital outlay for the Charter School is included in a separate Budget adopted by the City Commission. SUMMARY OF FINANCING PLAN MODEL Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: 1. Utilize "pay - as - you - go" financing through annual appropriations to fund the total five year amount of $18,793,742. No additional debt is recommended. 2. Adjusts property tax revenues based on recently enacted tax reform proposals by the State Legislature. Capital Improvement Program 2008-2013 Page 13 City of A ventura PROPOSED FINANCING PLAN GENERAL FUND After evaluating the nature of the various projects that are included in the City's General CIP, it was decided that pay-as-you-go would be most appropriate for funding the program. FINANCING PLAN TABLES Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General CIP for each year of the program. Table 1 presents a five-year projection of resources which will be available for General Government Services. Unless shown by an asterisk (*), the amount projected for each revenue is based on the tax rate or fee structure in effect during the 2007/08 fiscal year. Revenue descriptions followed by an asterisk (*) were computed based on a projected increase in the rate structure as discussed in the assumption of projections. Table 2 presents a five-year projection of required operating expenses for General Government Services which utilize the cost data as outlined in the assumption of projections. Table 3 is a recap of resources available to fund the General CIP based on projected revenues and expenditures and the proposed Capital Improvement Program appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures will be transferred to the CIP Fund and that any balance in the CIP Fund will remain in the CIP. Through this process, the City will be able to accumulate a reserve which would be used to fund unexpected capital outlays or to fund future years' programs. Capital Improvement Program 2008-2013 Page 14 City of A ventura TABLE 1 PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES 200712008 200812009 2009110 2010111 2011112 2012113 CURRENT YEAR REVENUES AVAILABLE FOR GENERAL GOVERMENT SERVICES AD VALOREM TAXES $15,765,236 14,758,236 $14,979,610 $15,279,202 $15,584,786 $15,896,481 (,) FPL FRANCHISE FEES 2,406,000 3,306,706 3,372,840 3,440,297 3,509,103 3,579,285 (b) FPL FRANCHISE FEES Back Payment 550,000 FRANCHISE FEES 453,000 469,000 483,070 497,562 512,489 527,864 (e) UTILITY TAXES 6,127,000 6,399,000 6,590,970 6,788,699 6,992,360 7,202,131 (d) CITY BUSINESS LICENSES 650,000 715,000 722,150 729,372 736,665 744,032 (e) BUILDING RELATED REVENUE 1,310,000 800,000 500,000 500,000 500,000 500,000 (f) STATE SHARED REVENUES-UNRESTRICTED 473,500 374,190 387,287 400,842 414,871 429,392 (g) HALF CENT SALES TAX 1,800,000 1,854,000 1,918,890 1,986,051 2,055,563 2,127,508 (h) CHARGES FOR SERVICES 1,090,000 1,081,000 1,168,835 1,259,744 1,303,835 1,349,470 (i) FINES AND FORFEITURES 226,500 356,000 366,680 377,680 389,011 400,681 (j) MISC. REVENUES 70,000 75,000 70,000 70,000 70,000 70,000 INTEREST ON INVESTMENTS 550,000 700,000 724,500 749,858 776,103 803,266 COUNTY BUSINESS TAX 30,000 45,000 45,000 45,000 45,000 45,000 TOTAL CURRENT YEAR REVENUES $31,501,236 $30,933,132 $31,329,831 $32,124,306 $32,889,785 $33,675,109 TRANSFERS FROM E911 FUND 51,000 52,785 54,632 56,545 58,524 60,572 TRANSFERS FROM SCHOOL FUND 30,000 31,050 32,137 33,262 34,426 35,631 TOTAL AVAILABLE 31,582,236 31,016,967 31,416,600 32,214,112 32,982,735 33,771,311 NOTES TO ASSUMPTION OF PROJECTIONS (a) After a reduction of $1 ,000,000, due to property tax reforms and lower assessed values, Ad Valorem Tax revenues are estimated to grow at the rate of 1.5% to 2% in future years. (b) FPL Franchise Fees from Dade County will grow at the rate of 2% per year. (c) Franchise fees will grow at the rate of 3% per year. (d) Utility taxes will grow at the rate of 3% per year. (e) Business License Tax will grow at the rate of 1.0% per year after adjustment in 2008/09. (f) Building related revenues will decrease beginning in 2008/09 and level off at $500,000 per year. (g) State shared revenues will grow at the rate of 3.5% per year. (h) Half-cent sales tax will grow at the rate of 3.5% per year. (i) Charges for services will grow at the rate of 3.5% per year. UJ Fines & forfeitures will grow at the rate of 3% per year after adjustment in 2008/09. Capital Improvement Program 2008-2013 Page 15 City of A ventura TABLE 2 PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES DEPARTMENT 2007108 2008109 2009110 2010111 2011112 2012113 City Commission $115,404 $ 118,866 $ 122,432 $ 126,105 $ 129,888 $ 133,784 Office of the City Manager 845,152 900,000 972,000 1,049,760 1,133,741 1,224,440 Finance Support Services 820,279 815,000 872,050 933,094 998,410 1,068,299 Information Technology 719,712 777,289 839,472 906,630 979,160 1,057,493 Legal 280,000 280,000 285,600 291,312 297,138 303,081 City Clerk 259,965 270,000 288,900 319,123 341,462 375,364 Public Safety 12,372,193 13,361,968 14,564,546 15,729,709 16,988,086 18,347,133 Arts & Cultural Center 100,000 225,000 238,500 255,195 273,059 Community Development 1,643,469 1,467,000 1,313,700 1,405,659 1,504,055 1,409,339 Community Services 4,161,763 4,250,000 4,590,000 4,957,200 5,353,776 5,782,078 Non - Departmental 1,661,000 1,730,000 1,868,400 2,017,872 2,179,302 2,331,853 TOTAL PROJECTED OPERATING EXPENDITURES GENERAL GOVERNMENTAL SERVICES $ 22,878,937 $ 24,070,123 $ 25,942,099 $ 27,974,963 $ 30,160,212 $ 32,305,923 General Fund Transfer to 1999 Debt Service 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 General Fund Transfer to 2000 Debt Service 485,000 491,000 491,000 491,000 491,000 491,000 General Fund Transfer to 2002 Debt Service 400,000 402,000 402,000 402,000 402,000 402,000 TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2,250,000 2,258,000 2,258,000 2,258,000 2,258,000 2,258,000 TOTAL PROJECTED EXPENDITURES $ 25,128,937 $ 26,328,123 $ 28,200,099 $ 30,232,963 $ 32,418,212 $ 34,563,923 NOTES TO ASSUMPTION OF PROJECTIONS Operating expenditures will increase between 5. % to 7.8% during the five year period. Capital Improvement Program 2008-2013 Page 16 City of A ventura TABLE 3 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT PROGRAM 2008/09 2009/10 2010/11 2011/12 2012/13 TOTAL PROJECTED AVAILABLE RESOURCES $31,016,967 $31,416,600 $32,214,112 $32,982,735 $33,771,311 PROJECTED OPERATING EXPENDITURES 24,070,123 25,942,099 27,974,963 30,160,212 32,305,923 DEBT SERVICE REQUIREMENTS 2,258,000 2,258,000 2,258,000 2,258,000 2,258,000 SUBTOTAL - EXPENDITURES 26,328,123 28,200,099 30,232,963 32,418,212 34,563,923 BALANCE 4,688,844 3,216,501 1,981,149 564,522 (792,611) BEGINNING CIP RESERVE 20,188,844 20,383,545 20,450,714 19,544,868 17,793,017 Less CIP APPROPRIATIONS 3,021,800 1,913,980 1,470,368 959,240 948,854 BALANCE IN CIP RESERVE - END OF YEAR 17,167,044 18,469,565 18,980,346 18,585,628 16,844,163 $40,000,000 $35,000,000 ....-= .....~ - ~ - - - - .. ....... ... - - ~ - - ... $30,000,000 -- .. . - ... $25,000,000 $20,000,000 - $15,000,000 - - Reve nues $10,000,000 - Expenditures r- ----CIP $5,000,000 Fund Balance -~---~-- ----------- . - _. - _. - - -- - -. - -.- $0 , . . 2008/09 2009/1 0 2010/11 2011/12 2012/13 Capital Improvement Program 2008-2013 Page 17 PROPOSED FINANCING PLAN TRANSPORTATION FUND City of A ventura This fund was established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. This table reflects the anticipated revenues available and the proposed appropriations. TABLE 4 TRANSPORTATION AND STREET MAINTENANCE FUND RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS SUMMARY BY YEAR REVENUES LOCAL OPTION GAS TAX SALE OF PROPERTY OR ROW INTEREST EARNINGS STATE SHARED REVENUES-RESTRICTED CARRYOVER COUNTY TRANSIT SYSTEM SURTAX TOTAL REVENUES EXPENDITURES Maintenance Operating Expenditures Transit Services TOTAL EXPENDITURES Total For Capital CAPITAL EXPENDITURES Project Title Transportation System and Traffic Improveme Road Resurfacing Program TOTAL CAPITAL EXPENDITURES Balance Capital Improvement Program 2008-2013 200712008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 480,000 1,900,000 10,000 175,000 170,000 955,000 3,690,000 677,000 366,000 1,043,000 2,647,000 2006/2007 2,387,000 260,000 495,000 o 10,000 180,000 o 983,000 1,668,000 704,080 380,640 1,084,720 583,280 2007/2008 485,000 512,325 10,000 186,300 98,280 1,012,490 1,819,395 732,243 395,866 1,128,109 691,286 2008/2009 o 300,000 530,256 10,000 192,821 76,286 1,042,865 1,852,228 761,533 411,700 1,173,233 678,995 2009/2010 600,000 548,815 10,000 199,569 78,995 1,074,151 1,911,530 791,994 428,168 1,220,162 691,367 2010/2011 o 495,000 568,024 10,000 206,554 196,367 1,106,375 2,087,321 823,674 445,295 1,268,969 818,352 2011/2012 o o 315,000 $ 2,647,000 $ 485,000 $ 615,000 $ 600,000 $ 495,000 $ 750,000 750,000 $ - $ 98,280 $ 76,286 $ 78,995 $ 196,367 $ 68,352 Page 18 City of A ventura PROPOSED FINANCING PLAN PARK DEVELOPMENT FUND The Park Development Fund is used to account for revenues specifically earmarked for capital improvements to the City's park system. Impact fees from new development become a funding source for future park development plans. For purposes of this five- year plan, impact fees will be utilized to assist in funding the Waterways Dog Park improvements and Veterans Park modifications. Table 5 Recap of Available Resources and Proposed Appropriations Park Development Fund CIP 2008/09 - 2012/13 Revenues Carryover 2008/09 $70 000 Total Available Resources for CIP 70,000 Proposed Appropriations $70 000 Balance $0 Capital Improvement Program 2008-2013 Page 19 City of A ventura PROPOSED FINANCING PLAN STORMWATER UTILITY FUND The City is responsible for stormwater management activities within its corporate boundaries. In order to address deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund was created. The Fund generates revenues for stormwater management costs, permitting, maintenance and capital improvements from a source other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user fees charged to residents and businesses for generating revenues. The City has recognized the need and importance of taking a proactive approach toward stormwater management. The stormwater drainage improvements contained in the five-year Capital Improvement Program were based on a complete survey of all areas of the City conducted by the Community Services Department together with the City's consulting engineers. The Fund will be responsible for ongoing operation and maintenance costs, as well as capital improvements. Table 7 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five-year period. A total of $1,000,000 worth of stormwater drainage projects will be completed during the five-year period. The monthly rate charged to users per unit was $2.50 for 2007/08. It is not recommended that the fee be increased during the next five (5) years. DADE COUNTY MUNICIPAL STORMWATER UTILITY RATES Coral Gables $3.50 Golden Beach $12.00 Hialeah $2.50 Homestead $ 1.25 Key Biscayne $5.00 Medley $ 2.50 Miami $3.50 Miami Beach $ 2.50 Miami Shores $2.50 North Miami $ 2.50 North Miami Beach $2.50 South Miami $ 2.50 Sweetwater $2.50 Capital Improvement Program 2008-2013 Page 20 City of A ventura TABLE 7 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS STORMWATER UTILITY FUND 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 Customer Data: Projected No. of Billable ERUs (1) 28,928 29,217 29,509 29,805 30,103 30,404 Monthly Rate Per ERU $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 Revenues: Gross Stonnwater Utility Billings (2) $867,840 $876,518 $885,284 $894,136 $903,078 $912,109 Less: Un collectibles (3) -26,035 -35,061 -35,411 -35,765 -36,123 -36,484 Carry Over of Surplus 38,907 0 225,458 442,690 651,115 850,127 $ 880,712 $ 841 ,458 $ 1,075,330 $ 1,301,061 $ 1,518,070 $ 1,725,751 Operating Expenses: (4) 400,000 416,000 432,640 449,946 467,943 486,661 Available for CIP & Debt Service $ 480,712 $ 425,458 $ 642,690 $ 851,115 $ 1,050,127 $ 1,239,090 Annual CIP Expenditures: 360,000 200,000 200,000 200,000 200,000 200,000 Annual Surplus/(Deficit): $ 120,712 $ 225,458 $ 442,690 $ 651,115 $ 850,127 $ 1,039,090 NOTES TO ASSUMPTION OF PROJECTIONS (1) Projected to grow at an annual rate of 1.5%. (2) Equals Projected No. of Billable ERUs multiplied by the Monthly Rate Per ERU, with the result annualized. (3) Equals 4% of Gross Stormwater Utility Billings in Year ShoWl. (4) Includes Operation and Maintenance, Engineering,Administration, Review of Existing Account Data Costs. Projected to continue to grow at an annual rate of 4%. Capital Improvement Program 2008-2013 Page 21 Capital Irnp.-overnent P.-og.-arn 2008-2013 City of Aventu.-a PRO,",ECT DESCRIPTIONS Page 22 City of A ventura BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS This section includes beautification projects and improvements to the City's park system and recreational facilities. There are three (3) projects in the CIP, which total $623,850. Special emphasis was given to upgrading existing park facilities. Policies The City's investment in improvements to the City park system is based on the following policies: Goal: Provide adequate and accessible parks and facilities to meet the recreational needs of all current and future residents. . Provide a variety of quality recreation facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. . Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. . Provide exercise/walking paths to enhance the physical well being of residents. . Provide recreational facilities on the basis of 2.75 acres per 1 ,000 population. . Encourage the integration of recreational facilities into the development of residential, commercial, industrial, and open space land uses. Goal: Update the five-year CIP on an annual basis. . Provide parks whereby residents have access to neighborhood parks within a 2 mile radius and community parks which serve the entire City. Goal: Increase Safety Standards . Provide for adequate security measure including limited access facilities. . Replace dangerous equipment and eliminate visual barriers to reduce criminal opportunities. . Employ vandal-resistant equipment and facilities. . Maintain a Parks Usage Plan to protect the City's investment in the park system and insure the residents' safety. Capital Improvement Program 2008-2013 Page 23 City of A ventura Goal: Protect and preserve environmentally sensitive land and water areas. . Preserve and enhance open space with environmental impact. Existina Facilities There is 30.5 acres of open space and public park land in the City. Aventura Founders Park was opened in November 1998. This 11 acre site located on West Country Club Drive and NE 190 Street includes both active and passive recreational opportunities. The park encompasses the following components: Jogging Path, tennis courts, gated entries, One ball field w/ dugouts and backstops, Restroom Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk, landscaping, two parking lots, multi-purpose plaza areas, signage, benches, and security lighting. Don Soffer Exercise/Walking Path contains 5.5 acres that is classified as open space recreation area. This facility is used by residents for both recreational and exercise purposes. Waterways Dog Park was acquired by the City in 1998 from a private developer. This 1.5 acre site was previously constructed by a private developer. The City converted this site to a dog park in 2008. Waterways Park was purchased in 2006. The 7 acre site that include a multipurpose sports field, playground, basketball court, fitness trail, parking and restroom facilities is scheduled to open in spring 2008. Arthur I Snyder Memorial Park was purchased in 1998. This 3.5 acre site was one of the last remaining waterfront undeveloped parcels in the City. This site contains the Community/Recreation Center. Open passive and sitting areas are available at this location. Veterans Park was acquired by the City from a private developer in 2001. This 2 acre site is located on NE 3151 Avenue. Facilities and amenities include: parking lot; 1.5 acre open playfield area; playground facilities; landscaping with shade trees and a .5 acre pet exercise area. This site is scheduled for redesign in 2008 that consists of modifying the park by removing the dog play area and expanding the children's play area and adding a restroom facility. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2007/08 fiscal year: Capital Improvement Program 2008-2013 Page 24 City of A ventura Proiect Title Year Conceptual Design of Aventura Founders Park 1996/97 Design of Country Club Drive Exercise Safety Improvements 1996/97 Purchase of 5.5 acres for Aventura Founders Park 1996/97 Bus Shelter & Bench Replacements 1996/97, 1997/98, 1998/99 1 999/00, 2000/01 , 2001/02 2005/06 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1 998/99 1998/99 1998/99, 2004/05 1998/99 1998/99 1 998/99 1998/99 1 999/00 1999/00, 2001/02, 2002/03 2003/04, 2005/06 1999/00 1 999/00 2001/02 2001/02 2000/01 2001/02 2003/04 2001/02 2002/03 2002/03,2003/04 2002/03 2003/04 2003/04, 2004/05 2003/04 2005/06 2005/06 2005/06 2006/07,2007/08 2006/07 2006/07 2007/08 2007/08 Aventura Blvd Beautification Improvements Northern Entrance Beautification Improvements Aventura Founders Park Development Country Club Drive Exercise/Walking Path Improvements NE 183rd Street Beautification Improvements NE 34th Avenue Beautification Improvements Library Landscaping Project Huber Tract Open Space Land Purchase NE 20ih Street Beautification Improvements Country Club Dr. Exercise Path Safety Improvements NE 190th Street Beautification Improvements Biscayne Boulevard Phase I Beautification Improvements FEC Landscape Buffer NE 191 5t Street Beautification Improvements Waterways Park Improvements Founders Park Improvements Biscayne Boulevard Phase II Beautification Improvements NE 185th Street & NE 28th Ave Beautification Improvements NE 213th Street Beautification Improvements Aventura Blvd. Entrance Features Community/Recreation Center Conceptual Design Community Recreation Center Development Expanded Waterways Park Purchase Biscayne Boulevard Phase II Beautification Improvements Country Club Drive Beautification Improvements Newspaper Racks NE 188th Street Beautification Improvements Yacht Club Way Beautification Improvements William Lehman Causeway Beautification Improvements Veterans Park Development Waterways Park Design Founders Park Parking Lot Expansion NE 20ih Street Swale Beautification Improvements Waterways Park Development Splash pad Addition to Founders Park Miami Gardens Drive Beautification Improvements Waterways Dog Park Development Veterans Park Modifications Capital Improvement Program 2008-2013 Page 25 City of A ventura Park Facilities/Open Space Recreation The City's estimated current population is 30,000. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 82.50 acres. In calculating the number of recreation acres the City has available for use by residents, public private, golf courses and marinas are accounted for at a different degree depending on accessibility to citizens of the City. Assuming that public facilities can be accounted for at 100%, private recreation facilities at 50%, and marinas and the golf course at 25%, the City existing and proposed recreation areas total 115. Therefore, no deficiency exists under the City's standards. Table PFOS1 contains an inventory of existing and proposed recreation and open space areas. The City owns 30.5 park/open space acres. Table PFOS 1 CITY OF AVENTURA Recreation/Open Space Inventory TYPE FACILITY Public Recreation Areas C Don Soffer ExerciseNValking path C Arthur I Snyder Memorial Park N Veterans Park N Waterways Park N Waterways Dog Park N Aventura Founders Park ACRES APPLICABLE ACRES Public Recreation Subtotal 5.5 3.5 2.0 7.0 1.5 11.0 30.5 5.5 3.5 2.0 7.0 1.5 110 30.5 Private Recreation Areas Private Recreation Sites Marina Complexes Golf Courses Private Recreation Subtotal 63.61 940 203.17 276.18 31.81 2.35 50.79 84.95 Total Recreation Areas C = Community Park N = Neighborhood Park 306.68 115.45 Citywide Beautification Proaram In December of 1996, the City Commission approved the landscape design concepts to be utilized with the implementation of a Citywide Beautification Program. This major undertaking, addresses median and right of way landscaping throughout the public areas within the City, and was adopted as one of the City's budget priorities and goals. The landscape design includes the planting of an assortment of palm trees, including date palms at the City's entrances and coconut and royal palms on various medians throughout the City, as well as shade trees such as live oaks. Capital Improvement Program 2008-2013 Page 26 City of A ventura With this Beautification Program, the City Commission has fulfilled its long-term goal of creating the signature of the City and establishing its reputation as "the most beautiful City in South Florida." The actual construction of these projects will be ongoing until all of the improvements to the various areas within the City are complete. In 2006, the City funded a Landscape Restoration Program in the amount of $1,500,000 to respond to damage from hurricanes experienced in 2005. The following areas have been completed or are scheduled for completion as of the 2007/08 fiscal year: Aventura Boulevard, Northern City Entrance, NE 20ih Street, NE 183rd Street, NE 185th Street & 28th Avenue, NE 190th Street, NE 1915t Street, NE 29th Avenue, NE 18ih Street, NE 188th Street, NE 213th Street, Biscayne Boulevard and FEC Landscape Buffer, Aventura Boulevard Entrance Features, Country Club Drive, Yacht Club Way, William Lehman Causeway, NE 20ih Street Swale, 2006 Citywide Hurricane Landscape Restoration Program; Miami Gardens Drive and the Biscayne Boulevard Median (NE 209-212 St). Fundina Plan Funding for the proposed beautification and park facilities will be provided by the proceeds from the following revenue sources: Total Category Budget $623,850 Fundina: General Fund Park Impact Fees $553,850 70,000 Capital Improvement Program 2008-2013 Page 27 City of A ventura TABLE 1 PROPOSED BEAUllFICATlON AND PARK FACILlTlES IMPROVEMENTS PROJECTS SCHEDULED FOR 2008/09 - 20012/13 SUMMARY BY YEAR CIP # ProJect Title Dept # 2008/09 2009/10 2010/11 2011/12 2011/12 Total BP1 Founders Park Improvements cs $ 431,600 $ 52,000 $ 483,600 BP' Country Club Tennis Court Impro\e. cs 70,000 70,000 BP' Citywide Beautification Improvements cs 13,000 13,500 14,000 14,500 15,250 70,250 Totals $ 83,000 $ 13,500 $ 445,600 $ 66,500 $ 15,250 $ 623,850 TABLE 2 PROPOSED BEAUllFICATlON AND PARK FACILlTlES IMPROVEMENTS PROJECTS SCHEDULED FOR 2008/09 - 20012/13 FUNDING PLAN Impact General CIP # Project Title Dept # Total Fees Fund BP1 Founders Park Improvements cs 483,600 483,600 BP' Country Club Tennis Court Impro\e. cs 70,000 70,000 BP' Citywide Beautification Improvements cs 70,250 70,250 Totals 623,850 $ 70,000 $ 553,850 Capital Improvement Program 2008-2013 Page 28 City of A ventura PROPOSED PROJECTS 1 -CS Founders Park Improvements 2010/11 $431,600 2011/12 $52,000 This project consists of maintenance projects, replacing and updating playground equipment. 2010/11 Replace Playground Equipment Playground Covers Pour in Place Surfacing $145,600 26,000 260,000 20,800 31,200 2011/12 Replace Exercise Equipment Pour in Place Surfacing 4-CS Citywide Beautification Improvements 2008/09 $13,000 2009/10$13,500 2010/11 $14,000 2011/12 $14,500 2012/13 $15,250 This project consists of implementing the landscaping and beautification concepts approved by the City Commission. 2008/09 Purchase Benches and Trash Cans $13,000 13,500 14,000 14,500 15,250 2009/10 Purchase Benches and Trash Cans 2010/11 Purchase Benches and Trash Cans 2011/12 Purchase Benches and Trash Cans 2012/13 Purchase Benches and Trash Cans 4-CS Country Club Drive Tennis Court Improvements 2008/09 $70,000 This project involves improvements to the tennis facilities that the City leases from the Fairmont Country Club. The improvements include tennis court renovations, windscreens, fencing, water fountain, shade awnings and trash facilities. Capital Improvement Program 2008-2013 Page 29 City of A ventura TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS This section includes improvements to the City's transportation system, roadways, drainage system, sidewalks, pedestrian pathways, street lighting and other infrastructure improvements. There are three (3) improvement projects in the Capital Improvement Program, which total $4,834,000. Special emphasis was given to correcting drainage deficiencies, road resurfacing, implementing recommendations made by the Traffic Advisory Board and addressing maintenance considerations. The projects outlined in this section have been developed based on a survey of all areas of the City, with respect to the improvement items, by the Community Services Department; City's consulting engineer and staff. The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. Policies The City's investment in improvements to its transportation system, roads, sidewalks, street lighting and drainage system is based on the following policies: Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. . Coordinate area-wide storm water developments with major street improvements. . Provide adequate storm drainage as defined by present standards for different types of areas of the City. . Upgrade areas of the City to conform to present drainage standards to eliminate flood prone areas. Goal: Improve local roads to meet road safety requirements and serve the transportation needs of the City. . Systematically provide local street improvements throughout the City based upon the existing condition and age of the street and the cost of maintenance of the street. . Provide an adequate road transportation network that meets or exceeds the capacity rating outlined in the Comprehensive Plan. . Implement improvements to meet safety standards. . Improve safety by installing street lighting on all appropriate public roadways. Capital Improvement Program 2008-2013 Page 30 City of A ventura . Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. . Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97-05. Goal: Address traffic flow along the major roadways and intersections by implementing projects that create improvements to the system. . Implement the recommendations of the City's Traffic Advisory board and its Traffic consultant. Existina Facilities The following is a list of current public roads under the jurisdiction of the City: NE 185th Street NE 2ih Court NE 28th Place NE 28th Avenue NE 29th Avenue NE 29th Court NE 29th Place NE 30th Avenue NE 34th Avenue NE 18ih Street NE 188th Street NE 190th Street NE 1915t Street NE 192nd Street NE 193rd Street Aventura Boulevard West Country Club Drive North Country Club Drive East Country Club Drive NE 201 Terrace NE 203rd Street NE 205th Street NE 206th Street NE 20ih Street NE 208th Street NE 208th Terrace NE 209th Street NE 211th Street NE 213th Street NE 214th Terrace N E 214th Street N E 183rd Street Yacht Club Drive Turnberry Way NE 2ih Court Prior Accomplishments Since the inception of the CIP, the following projects have been completed or are scheduled for completion as of the 2007/08 fiscal year: Proiect Title Country Club Drive Drainage Improvements Sidewalk Installation - Southside of Lehman Causeway Pedestrian Safety Study Aventura Boulevard Street Lighting Improvements NE 183rd Street & Drainage Improvements NE183rd Street Lighting Improvements Year 1996/97 1996/97 1 996/97 1997/98 1997/98 1997/98 Capital Improvement Program 2008-2013 Page 31 City of A ventura NE 20ih Street Lighting Improvements North Aventura Stormwater Collector (213th Street) Pedestrian Transportation Circulation Safety Improvements NE 190th Street Lighting Improvements South Aventura Stormwater Collector Sidewalk Improvements & Replacements NE 34th avenue Street Li~hting Improvements NE 185th Street & NE 28t Avenue Improvements Safety Improvements - Country Club Drive NE 30th Avenue Drainage Improvements NE 213th Street Lighting Improvements NE 34th Avenue Safety/Road Improvements Biscayne Lake Gardens Area Drainage Improvements NE 188th Street, Lighting & Drainage Improvements Country Club Drive Improvements NE 190 Street Drainage Improvements Yacht Club way Drainage and Lighting Improvements NE 31 5t Avenue Decorative Street Lighting Extension of Lehman Causeway Westbound Service Road Illuminated Street Signs Hospital District NE 213 Street Drainage Connector Hospital District North Collector NE 20ih Street Resurfacing Traffic Video Monitoring Program Directional Signs Yacht Club Drive Seawall Improvements Miami Gardens Drive Aventura Boulevard Resurfacing NE 213th Street Outfall Drainage Improvement Miami Gardens Drive Extension and Street Lighting Ne 29th Avenue Street Lighting Improvements Yacht Club Drive Resurfacing Countdown Pedestrian Walkway Signals Traffic Video Monitoring Program - Phase I Traffic Video Monitoring Program - Phase II Ne 29th Pace and Yacht Club Way Resurfacing NE 190th Street Drainage Improvements NE 209th Street/Biscayne Boulevard Traffic Improvements NE 18ih Street Traffic Improvements NE 180th & N E 182nd Street /Biscay Boulevard Signage Road. Drainaae and Infrastructure Improvements 1997/98 1997/98 1997/98 1 998/99 1 998/99 1998/99, 1999/00, 2000/01 1999/00 1 999/00 1 999/00 2000/01 2000/01 2000/01 2001/02 2002/03 2002/03 2002/03 2003/04 2003/04 2003/04 2003/04 2003/04 2004/05 2004/05 2004/05,2005/06 2004/05 2005/06 2005/06 2005/06 2006/07 2006/07 2006/07 2006/07 2006/07 2006/07 2007/08 2007/08 2007/08 2007/08 2007/08 2007/08 The majority of the projects outlined herein can be also be classified as drainage improvements and road resurfacing in accordance with established maintenance Capital Improvement Program 2008-2013 Page 32 City of A ventura schedules. In addition, traffic improvement projects recommended by the Traffic Advisory board are included for funding. Fundina Plan Funding for the proposed roadway, drainage and infrastructure improvement projects will be provided by the following sources: Total Category Budget $4,834,000 Fundina: Transportation Fund General Fund Storm Water Utility Fund $2,945,000 889,000 1,000,000 Tables 1 and 2 showing these improvement projects and funding schedules are followed by detailed project descriptions. Capital Improvement Program 2008-2013 Page 33 City of A ventura TABLE 1 PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2008/09- 2012/13 SUMMARY BY YEAR CIP# ProJect Title Dept.# 2008/09 2009/10 2010/11 2011/12 2012/13 Total TDI1 Stormwater Drainage Improvement' CS $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 1,000,000 Transportation System & Traffic TDI2 Improvements CS 689,000 500,000 1,189,000 TDI3 Road Resurfacing Program CS 485,000 315,000 600,000 495,000 750,000 2,645,000 Totals $ 1,374,000 $ 1,015,000 $ 800,000 $ 695,000 $ 950,000 $ 4,834,000 TABLE 2 PROPOSED TRftNSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2008/09- 2012/13 FUNDING PLAN stormwater Utility General Transportation CIP # Project Title Dept. # Total Fund Fund Fund TOl1 Stormwater Drainage Improvement' CS $ 1,000,000 $ 1,000,000 Transportation System & Traffic TOl3 Improvements CS 1,189,000 889,000 300,000 TOl4 Road Resurfacing Program CS 2,645,000 2,645,000 Totals $ 4,834,000 $ 1,000,000 $ 889,000 $ 2,945,000 Capital Improvement Program 2008-2013 Page 34 City of A ventura 1-CS Stormwater Drainage Improvements 2008/09 $200,000 2009/10$200,000 2011/12 $200,000 2012/13 $200,000 PROPOSED PROJECTS 200/11 $200,000 Projects included provide for ongoing annual minor drainage improvements and include the cost of resurfacing the affected roadways. 2008/09 NE 191 St. /29 Ave Drainage Improvements $200,000 2009/10 Drainage Improvements 200,000 20010/11 Drainage Improvements 200,000 20011/12 Drainage Improvements 200,000 2012/13 Drainage Improvements 200,000 2-CS Road Resurfacing Program 2008/09 $485,000 2009/10$315,000 2010/11 $600,000 2011/12 $495,000 2011/12 $750,000 This project consists of resurfacing roadways as determined by the City's maintenance standards and the Community Services Department. 2009/10 Hospital District NE 29th Avenue NE 34th Avenue N E 18ih Street $250,000 235,000 315,000 185,000 240,000 175,000 165,000 330,000 750,000 2008/09 Williams Island Road NE 190th Street 2010/11 2011/12 NE 185th/NE 31th Avenue NE 188th Street 2012/13 Country Club Drive (Northbound) Capital Improvement Program 2008-2013 Page 35 City of A ventura 3-CS Transportation System and Traffic Improvements 2008/09 $689,000 2009/10$500,000 This project includes improvements to the City's transportation and traffic system. The major components of this project is the implementation of the recommendations from the Traffic Advisory Board and staff. 2008/09 NE 19151 Street/Biscayne Boulevard - Re-stripe the westbound approach to provide triple westbound left turns and one (1) exclusive right-turn lane. This will require additional right-of-way on the north side of the street. Remove the first center median and modify the signal timing to improve turning movements. $507,000 NE 1991h Street/West Country Club Drive - Add right turning lane. $182,000 2009/10 NE 183rd Street/Biscayne Boulevard - Construct a second left-turn lane westbound by removing part of the median barrier. Add new striping and revise signal timing to accommodate this turning movement. The left turn southbound movement to the shopping center and from the bank would be eliminated. $500,000 Capital Improvement Program 2008-2013 Page 36 City of A ventura PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS Capital projects in this functional category include providing new facilities to serve City residents or improvements to existing facilities in the City. The CIP includes 3 projects totaling $7,605,500. Policies The City's investment in improvements to public buildings and operational facilities is based on the following policies: . Provide easily accessible services to City residents and adequate parking for City facilities. . Repair and maintain all buildings and facilities in proper order to increase life of said facilities. . Provide facilities for future growth of the City and services generated by such growth. Existina Facilities Map 1 shows the location of the City's Government Center, and the Dade County Fire Rescue Station and Library Branch. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2007/08 fiscal year: Proiect Title Government Center/Police Station Needs Assessment Study Government Center Land Purchase Design of Government Center/Police Construction of Government Center Purchase of Charter Elementary School Property Construction of Charter Elementary School Community Center Improvements Construction of Middle School Wing to Charter School Holiday Lighting for Government Center Design of Arts & Cultural Center Fundina Plan Funding for the proposed Public Buildings sources: Total Category Budget Year 1996/97 1997/98 1997/98 1999/00, 2000/01 2001/02 2002/03 2003/04, 2004/05, 2006/07, 2007/08 2004/05 2005/06 2007/08 Projects will be provided by the following $7,605,500 Fundina: General Fund Capital Improvement Program 2008-2013 $1,305,500 Page 37 City of A ventura County GOB Proceeds Charter School Fund Park Impact Fees Land Sale Proceeds 4,100,000 1,600,000 250,000 350,000 Capital Improvement Program 2008-2013 Page 38 City of A ventura TABLE 1 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2008109 - 20012/13 SUMMARY BY YEAR CIP# ProJect Title Dept.# 2008109 2009110 2010111 2011112 2012112 Total PBF1 PBF2 PBF2 Arts &Cullural Cenler Charter School Classroom Additions Community Center Improvements CM CM CS $ $ 5,300,000 $ 700,000 1,600,000 5,500 $ 6,000,000 $ 1,600,000 5,500 Totals $ 6,905,500 $ 700,000 $ $ $ $ 7,605,500 TABLE 2 PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2008109 - 20012/13 FUNDING PLAN Charter County Bond Land Sale General Impact Fees CIP # Project Title Dept. # Total School Proceeds Proceeds Fund Dev. Oed. PBF1 PBF2 PBF2 Arts &Cullural Cenler Charter School Classroom Additions Community Center Improvements CM CM CS $ 6,000,000 1,600,000 5,500 $ 4,100,000 $ 350,000 $ 1,300,000 $ 250,000 1,600,000 5,500 Totals $ 7,605,500 $ 1,600,000 $ 4,100,000 $ 350,000 $ 1,305,500 $ 250,000 Capital Improvement Program 2008-2013 Page 39 City of A ventura PROPOSED PROJECTS 1-CM Arts & Cultural Center 2008/09 $5,300,000 2009/10 $700,000 This project consists of the design and construction of an Arts and Cultural Center that could be utilized to host a variety of performing arts and cultural programming for all age groups. This project will be constructed adjacent to the Community Recreation center. 2-CM Charter School Classroom Additions 2008/09 $1 ,600,000 In order to meet the State class size amendment requirements ten new classrooms will be constructed for the 2009/10 school year. 2-CS Community Recreation Center Improvements 2008/09 $5,500 This project consists of providing equipment and improvements at the Community Recreation Center. 2008/09 12 Tables and Storage Carts 6 Card Tables $4,500 1,000 Capital Improvement Program 2008-2013 Page 40 City of A ventura INFORMATION/COMMUNICATIONS TECHNOLOGY This functional category includes improvements to the City's information/communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency. There are 12 projects totaling $2,915,701. Policies The City's investment in communication and computer projects is based on the following policies: . Continue the implementation upgrade of the Management Information System for all key City operations to automate functions and improve efficiency and productivity. . Improve and maintain City-wide radio communications capabilities for Police operations. . Develop and maintain computerized capabilities of the various City departments and information systems. . Utilize the latest state of the art technology including the use of the Internet for the delivery of services. . Maintain the E911 system to enhance police response times to emergencies. . Utilize the latest technology for education and teaching at the Charter School. Fundina Plan Funding for the proposed Information Technology following sources: Total Category Budget Projects will be provided by the $2,915,701 Fundina: General Fund Charter School Fund $2,401 ,201 514,500 Capital Improvement Program 2008-2013 Page 41 City of A ventura TABLE 1 PROPOSED COMMUNICATIONS ftJ\JD COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2008/09 - 2012/13 SUMMARY BY YEAR CIP # Project Title Dept. # 2008/09 2009/10 2010/11 2011/12 2012/13 Total ICT1 Police Computers Systems<$5000 PO 138,000 174,400 146,000 127,000 140,500 725,900 ICT2 Central Computer System>$5000 IT 115,000 270,000 90,000 90,000 105,000 670,000 ICT3 Radios and E911 System PO 306,000 99,720 106,508 113,369 155,304 780,901 ICT4 Computer Equipment<$5000 ACES 90,000 78,000 96, 000 87,500 78,000 429,500 ICT5 Computer Equipment>$5000 ACES 45,000 10,000 10,000 20,000 85,000 ICT6 Computer Equipment<$5000 IT 6,000 6,000 6,000 6,000 6,000 30,000 leT? Computer Equipment<$5000 FSS 3,000 6,000 3,000 2,000 3,000 17,000 ICTS Computer Equipment<$5000 CM 4,000 2,000 4,000 2,000 12,000 ICT9 Computer Equipment<$5000 CS 12,000 11,000 20,800 27,000 11,000 81,800 ICT10 Computer Equipment<$5000 CO 3,500 8,100 4,500 3,000 8,500 27,600 ICT11 Computer Equipment>$5000 CO 44,000 6,000 50,000 ICT12 Computer Equipment CC 3,000 3,000 6,000 Totals $ 724,500 $ 709,220 $ 482, 808 $ 469,869 $ 529,304 $ 2,915,701 TABLE 2 PROPOSED COMMUNICATIONS ftND COMPUTERS EQUIPMENT PROJECTS SCHEDULED FOR 2008/09 - 2012/13 FUNDING Pl..ftJ\J Charter General School CIP # Project Title Dept. # Total Fund Fund ICT1 Police Computers Systems<$5000 PO 725,900 725,900 ICT2 Central Computer System>$5000 IT 670,000 670,000 ICT3 Radios and E911 System PO 780,901 780,901 ICT4 Computer Equipment<$5000 ACES 429,500 429,500 ICT5 Computer Equipment>$5000 ACES 85,000 85,000 ICT6 Computer Equipment<$5000 IT 30,000 30,000 ICT7 Computer Equipment<$5000 FSS 17,000 17,000 ICT8 Computer Equipment<$5000 CM 12,000 12,000 ICT9 Computer Equipment<$5000 CS 81,800 81,800 ICT10 Computer Equipment<$5000 CO 27,600 27,600 ICT11 Computer Equipment>$5000 CO 50,000 50,000 ICT12 Computer Equipment CC 6,000 6,000 $ 2,915,701 $ 2,401,201 $ 514,500 Totals Capital Improvement Program 2008-2013 Page 42 City of A ventura PROPOSED PROJECTS 1 - PO Police Computers Systems < $5000 2008/09 $138,000 2009/10$174,400 2010/11 $146,000 2011/12 $127,000 2012/13 $140,500 This project consists of purchasing computer equipment and software that utilizes the latest technology for the Police Department. 2008/09 2009/10 2010/11 2011/12 2012/13 Upgrades Replace 15 Mobile Laptops 15 Desktop Computers Vehicle Modems Replace Server 20 Vehicle Printers 3 Toughbooks (K-9) $30,000 45,000 20,000 6,000 5,000 20,000 12,000 $15,000 54,000 20,000 6,000 10,000 50,000 20,400 $25,000 54,000 20,000 6,000 14,000 10,000 17,000 $25,000 54,000 20,000 6,000 10,000 12,000 $25,000 54,000 20,000 6,000 Upgrades Replace 18 Mobile Laptops 15 Desktop Computers Vehicle Modems Replace 2 Servers Replace AS400 20 Vehicle Printers Upgrades Replace 18 Mobile Laptops 15 Desktop Computers Vehicle Modems Replace 9 Computers for EOC Replace 2 Servers 20 Vehicle Printers Upgrades Replace 18 Mobile Laptops 15 Desktop Computers Vehicle Modems Replace 2 Servers 10 Vehicle Printers Upgrades Replace 18 Mobile Laptops 15 Desktop Computers Vehicle Modems Capital Improvement Program 2008-2013 Page 43 City of A ventura Replace 2 Servers 10 Vehicle Printers 3 Toughbooks (K-9) 10,000 13,500 12,000 2 -IT Central Management Information System> $5000 2008/09 $115,000 2009/10$270,000 2010/11 $90,000 2011/12 $90,000 2012/13 $105,000 This project consists of purchasing new and replacement computer hardware and software that utilize the latest technology for the City's general information management system, which is used by all City Departments. 2008/09 2009/10 2010/11 2011/12 2012/13 Softwa re/Lice nses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades Equipment for Redundant Site Softwa re/Lice nses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades Replace PBX Phone System with VOIP Softwa re/Lice nses/U pg rades Servers/ Security/UPS/Switches Video System Solution Softwa re/Lice nses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades Softwa re/Lice nses/U pg rades Servers/ Security/UPS/Switches AS 400 Upgrades Equipment for Redundant Site $30,000 65,000 5,000 15,000 $15,000 50,000 55,000 150,000 $25,000 45,000 20,000 $20,000 65,000 5,000 $25,000 60,000 5,000 15,000 3-PD Radios and E911 System 2008/09 $306,000 2009/10 $99,720 2010/11 $106,508 2011/12 $113,369 2011/12 $155,304 This project consists of purchasing equipment to establish and maintain an 800 Mhz police radio system to improve communications and purchase new radios for projected Capital Improvement Program 2008-2013 Page 44 City of A ventura additional personnel in the Police Department, replace radios that may become damaged or become inoperative during the five-year period and maintain the E911 system. 2008/09 2009/10 2010/11 2011/12 2011/12 10 Handheld & 10 Mobile Radios Radio System Upgrades 800 Mhz Radio System Upgrades E911 System Upgrades 911 Telephone Logging System Outdoor Bi- Amp System 5 Handheld & 5 Mobile Radios 800 Mhz Radio System Upgrades E911 System Upgrades 5 Handheld & 5 Mobile Radios 800 Mhz Radio System Upgrades E911 System Upgrades 5 Handheld & 5 Mobile Radios 800 Mhz Radio System Upgrades E911 System Upgrades 5 Handheld & 5 Mobile Radios 800 Mhz Radio System Upgrades E911 System Upgrades Replace CSD Servers $86,000 25,000 30,000 25,000 65,000 75,000 $44,720 25,000 30,000 $46,508 30,000 30,000 $48,369 35,000 30,000 $50,304 35,000 30,000 40,000 4-ACES Computer Equipment < $5,000 2008/09 $90,000 2009/10$78,000 2010/10 $96,000 2011/12 $87,500 2012/13 $78,000 This project consists of the regular replacement of the computers, laptops, servers and network infrastructure at the Aventura City of Excellence School. 2008/09 2009/10 2010/11 2011/12 Replace 75 Computers/Laptops Replace 65 Computers/Laptops Replace 80 Computers/Laptops Replace 70 Computers/Laptops Replace Color Laser Printer $90,000 78,000 96,000 84,000 3,500 Capital Improvement Program 2008-2013 Page 45 City of A ventura 2012/13 Replace 65 Computers/Laptops $78,000 5-ACES Computer Equipment> $5000 2009/10 $45,000 2010/10 $10,000 2011/12 $10,000 2012/13 $20,000 This project consists of the regular replacement of the computers and network infrastructure at the Aventura City of Excellence School that exceeds $5,000. 2009/10 Replace Network Switches and Routers Upgrade Phone System $15,000 30,000 10,000 2010/11 Replace Network Switches and Routers 2011/12 Replace Network Switches and Routers 10,000 2012/13 Replace Network Switches and Routers Replace 2 Servers 10,000 10,000 6 -IT Computer Equipment < $5000 2008/09 $6,000 2009/10$6,000 2011/12 $6,000 2012/13 $6,000 2010/11 $6,000 This project includes the replacement of existing equipment for the various employees of the department. 7 - FSS Computer Equipment < $5000 2008/09 $3,000 2009/10$6,000 2011/12 $2,000 2012/13 $3,000 2010/11 $3,000 This project includes the replacement of existing equipment for the various employees of the department. 8-CM Computer Equipment < $5000 2008/09 $4,000 2009/10$2,000 2012/13 $2,000 2011/12 $4,000 Capital Improvement Program 2008-2013 Page 46 City of A ventura This project consists of upgrading computer equipment in the Office of the City Manager. 9-CS Computer Equipment < $5000 2008/09 $12,000 2009/10 $11 ,000 2010/11 $20,800 2011/12 $27,000 2012/13 $11,000 This project consists of purchasing and upgrading computer equipment in the Community Services Department and Community Recreation Center. 2008/09 2009/10 2010/11 2011/12 2012/13 4 Computers and Plotter Upgrade GIS Software $10,000 2,000 $9,000 2,000 $13,000 4,000 2,000 1,800 $8,000 14,000 2,000 3,000 $9,000 2,000 5 Computers and 10 Printer Upgrade GIS Software 10 CRC Computers 4 Computers Upgrade GIS Software 2 Laptop Computers 4 Computers and 10 Printer 11 CRC Computers Upgrade GIS Software Replace CRC Server 5 Computers and 10 Printer Upgrade GIS Software 10 - CD Computer Equipment < $5000 2008/09 $3,500 2009/10 $8,100 2011/12 $3,000 2012/13 $8,500 2010/11 $4,500 This project consists of computer upgrades, replacement printers and the implementation of field computers for code compliance and building inspections for the Community Development Department. 2008/09 2009/10 Replace 3 Computers Replace 1 Printers $3,000 500 Replace 5 Computers $3,000 Page 47 Capital Improvement Program 2008-2013 City of A ventura Replace 1 Laser Replace 1 Printers Replace 1 Forms Printer 600 500 4,000 $4000 500 2010/11 Replace 4 Computers Replace 1 Printers 2011/12 Replace 3 Computers $3,000 $4,000 500 4,000 2012/13 Replace 4 Computers Replace 1 Printers Replace 1 Large Form Printer 11 - CD Computer Equipment> $5000 2008/09 $44,000 2009/10$6,000 This project consists of computer software upgrades and computer equipment over $5,000 for the Community Development Department. 2008/09 HTE Credit Card system & Server HTE Business Tax License Web $28,000 16,000 $6,000 2009/10 Plotter Large Format 12 - CC Computer Equipment < $5000 2008/09 $3,000 2009/10$3,000 This project consists of upgrading and replacing computer equipment in the City Clerk's Office. Capital Improvement Program 2008-2013 Page 48 City of A ventura CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS This section includes projects relating to Capital Equipment Purchases and Replacements for all operating departments. There are a total of 7 projects totaling $2,814,691. Policies The City's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to maintain the efficiency and productivity of providing municipal services to the City's residents. . Replace all present equipment that is required when they become unusable, unsafe or when maintenance costs outweigh the total cost of replacement. . Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs. . Purchase more economical, fuel efficient and multi-functional vehicles. . Purchase new equipment that will increase productivity and reduce personnel and maintenance costs. . Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Proposed Capital Eauipment Purchase And Replacement Most projects outlined in the 2008/09 to 2012/13 Capital either pertaining to vehicles or operational equipment. $2,814,691 are displayed in Table 1. Improvement Program are These 7 projects, worth Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as having a useful life of more than one year and a value of $5,000 or more. Equipment that has a value of $5,000 or less is also included in this document for budgetary purpose. Fundina Plan Funding for the proposed Capital Equipment Purchase and Replacement Projects will be provided by annual appropriations from the General Fund: Capital Improvement Program 2008-2013 Page 49 City of A ventura TABLE 1 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2008109 - 2012/13 SUMMARY BY YEAR CIP # Project Title Depl 2008/09 2009/10 2010/11 2011/12 2012/13 Total CE1 Vehicle Purchase & Replacements PO 324,000 476,460 448,000 400,000 379,100 2,027,560 CE2 Equipment Purchase and Replacement>5000 PO 70,000 91,000 115,710 60,471 63, 000 400,181 CE3 Equipment Purchase and Replacement<5000 PO 11,500 18,800 28,400 22, 200 31,300 112,200 CE4 Equipment Purchase and Replacement>5000 CS 58,500 57,000 55,000 15,000 28,000 213,500 CE5 Equipment Purchase and Replacement>5000 CO 21,000 22,700 43,700 CE4 Equipment Purchase and Replacement<5000 CO 800 850 900 2,550 CE5 Equipment Purchase and Replacement>5000 IT 15,000 15,000 Totals $ 479,800 $ 664,260 $ 647,960 $ 520,371 $ 502,300 $ 2,814,691 TABLE 2 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT PROJECTS SCHEDULED FOR 2008/09 - 2012/13 FUNDING PlAN General CIP # Project Title Depl Total Fund CE1 Vehicle Purchase & Replacements PO 2,027,560 2,027,560 CE2 Equipment Purchase and Replacement>50oo PO 400,181 400,181 CE3 Equipment Purchase and Replacement<50oo PO 112,200 112,200 CE4 Equipment Purchase and Replacement>5oo0 CS 213,500 213,500 CE5 Equipment Purchase and Replacement>5000 CO 43,700 43,700 CE4 Equipment Purchase and Replacement<5000 CO 2,550 2,550 CE5 Equipment Purchase and Replacement>5000 IT 15,000 15,000 Totals 2,814,691 2,814,691 Capital Improvement Program 2008-2013 Page 50 City of A ventura PROPOSED PROJECTS 1 - PO Vehicle Purchase & Replacements 2008/09 $324,000 2009/10$476,460 2010/11 $448,000 2011/12 $400,000 2012/13 $379,100 This project consists of purchasing police vehicles to accommodate new employee additions and establish a vehicle replacement program in the Police Department. 2008/09 2009/10 2010/11 2011/12 2012/13 Replace 12 Patrol Vehicles $324,000 $336,960 36,000 36,000 40,000 27,500 $351,000 37,000 35,000 25,000 $365,000 35,000 $379,100 Replace 12 Patrol Vehicles Replace 4 Wheel Drive Vehicle Replace Patrol SUV Replace Prisoner Van Replace K-9 Vehicle Replace 12 Patrol Vehicles Replace Special Services SUV Replace Crime Scene Van Replace Fleet Truck Replace 12 Patrol Vehicles Replace Crime Prevention Van Replace 12 Patrol Vehicles 2-PD Equipment Purchase and Replacement> $5000 2008/09 $70,000 2009/10 $91 ,000 2010/11 $115,710 2011/12 $60,471 2012/13 $63,000 This project consists of purchasing equipment for the Police Department. The following is a breakdown of the items to be replaced: 2008/09 2009/10 10 Vehicle Equipment Replace K-9 60,000 10,000 65,000 20,000 6,000 12 Vehicle Equipment Prisoner Vehicle Equipment K-9 Vehicle Equipment Capital Improvement Program 2008-2013 Page 51 City of A ventura 2010/11 2011/12 2012/13 10 Vehicle Equipment Replace 2 Message Boards Replace 2 Boat Engines $58,710 22,000 35,000 $60,471 $63,000 10 Vehicle Equipment 10 Vehicle Equipment 3-PD Equipment Purchase and Replacement < $5000 2008/09 $11,500 2009/10$18,800 2010/11 $28,400 2011/12 $22,200 2012/13 $31,300 2008/09 2009/10 2010/11 2011/12 2012/13 Replace 15 Ballistic Vests 5 Tasers $6,500 5,000 $7,000 5,200 6,600 $8,000 7,000 8,000 5,400 $8,500 8,100 5,600 $8,500 8,000 9,000 5,800 Replace 10 Ballistic Vests 5 Tasers 5 AR15 Weapon & Gun Rack Replace 10 Ballistic Vests 2 Radar Units 2 Lasar Units 5 Tasers Replace 10 Ballistic Vests 2 Lasar Units 5 Tasers Replace 10 Ballistic Vests 2 Radar Units 2 Lasar Units 5 Tasers 4-CS Equipment Purchase and Replacement> $5,000 2008/09 $58,500 2009/10$57,000 2010/11 $55,000 2011/12 $15,000 2012/13 $28,000 This project consists of the replacement of equipment that has become inefficient, defective, or unusable and to add new equipment to provide improved services in the Community Services Department. The following is a breakdown of the items to be purchased: Capital Improvement Program 2008-2013 Page 52 City of A ventura 2008/09 2009/10 2010/11 2011/12 2012/13 Replace 1 Treadmill Replace 1 Elliptical Machine 1 Utility Vehicles Pickup Truck $6,000 5,000 27,500 20,000 $21,000 25,000 6,000 5,000 $21 ,500 6,000 27,500 $9,000 6,000 $22,000 6,000 Replace Sedan Replace Utility Van Replace 1 Treadmill Replace 1 Elliptical Machine Pickup Truck Replace 1 Treadmill Replace Truck Replace Service Cart Replace 1 Treadmill Pickup Truck Replace 1 Treadmill 5-CD Equipment Purchase and Replacement> $5,000 2009/10 $21,000 2011/12 $22,700 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: 2009/10 2011/12 Pickup Truck $21,000 22,700 Pickup Truck 6-CD Equipment Purchase and Replacement < $5,000 2008/09 $800 2010/11 $850 2012/13 $900 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: 2008/09 2010/11 1 Vertical Plan File $800 1 Vertical Plan File 850 Page 53 Capital Improvement Program 2008-2013 City of A ventura 2012/13 1 Vertical File $900 7 -IT Equipment Purchase and Replacement> $5,000 2008/09 $15,000 This project consists of the addition of equipment or the replacement of equipment that has become inefficient, defective, or unusable in the Information Technology Department. The following is a breakdown of the items to be 2008/09 Supplemental Air-conditioning Unit for Server Room $15,000 Capital Improvement Program 2008-2013 Page 54 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review Ilk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement 01 Notice in the m:;.tter of CITY OF AVENTURA PROPOSES TO ADOPT BY ORDINANCE REVISED LOCAL BUSINESS TAX RECLASSIFICATION AND RATE STRUCTURE, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/08/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said ",w'p.p" v_:..-f!~ Sworn to and subscribed before me this 08 day of MAY ,A.D. 2008 C~#~~r- (SEAL) V. PEREZ personally known to me J'~ 1\. CheIyl H Marmer . ~ j My Comrrnssion 00338559 \'~,.;I Expires July 18, 2008 CITy' OF AVENTURA PUBLIC NOTICE Pursua.nt to Sec.. 205,042, F .5., the City of Aventura proposes 10 adopt by ordinance a. AlVised. 1o~1 business tax. reclassification and rate structure as authorized by Sec. 205,053.~. r= .5.. This orCiinJnce will be considered by the City CommisSion for final adoption on Tttescfay, the 3rd day of June, 2008 at 6 p.m. ~tth.e City of Aventura. CommiSsion Chamber, 19200 .WestC.ountr)'C1ub Drive, Aventura, Florida: The proposed c1aS$lfications and the local business tax rates for Such c1assiflC8tions are as fonows: . -. Abstract. Iarn:ltitle_tllle in$I.it~ closiflg Adult care facility . , Adult coQgregate 1~I~facility Advertising - produets and services Alcoholic beverage business establishment Ambulance service Amusement center . Amusement center over 100 machines. each machine Amusement.machines.. each machine as accessory use Animal grooming Animal clinic/hospital Animal exhibition Animal-kennel Answering service Antique shop Apartment. each unit over 2 Auction shop/auctioneer Auto driving school Allto parking, storage. garage or parking lot Allto detailing. car wash or wax Auto repair and/or service shop Auto paint and body shop Auto mechanical repairs Auto service station Auto. truck. trailer. bOat renting service. each vehicle Auto tag agency Bakery - retail Barllounge Barber. each Barbershop Bicycles (repairs only) Billiard parlor Blueprinting Boals for salelrenta1 Boals -- charter and dredge Boalbuilder Boat taxi operation Bondsman ~ professional Bookkeeper/accountlll9service Bowling alley, each lane '. '. Broker - stocks, bonds Broker- insurance Broker -- yacht and ship salespersons Broker - others Burglar alarm/monitoringcompany Butcherlbu~hershop Carpenter shop Carwash Catering Carpet and rug cleaning Carpel sales/installation Check. cashing s~re Cigars and tobaCcOs _ __9Iat[l:t~ ~lld f<QI~tiQn agency $ 110.00 110.00 110.00 165.00 110.00 110.'00 . 550.0'0 7 :70 44.00 ' 55.00 82.50 165.'00 66.00 110.00 137.50 . 3.85 220.00 110.00 110.00 110.00 110.00 11'0.00 11'0.00 220.00 55.00 55.00 11'0.00- 110.00 33;00 66.'00 66.0'0 110.'00 110.00 110.00 110.00 110.00 220.00 165.00 110.00 44.00 , 165.0'0 1.10.'00 11'0.0'0 110.00 11'0.0'0 82.5'0 ~ 82.5'0 \ 11'0.00 55.'0'0 110.'00 11'0.'00 22'0.0'0 55.'0'0 110.00 \ Clothing: (1) Alterations (2) Tailor. dressmaking Coin dealer Cold storage warehouse Commercial garbage collection Commercial trash collection Community-based residential facilities Consultants, each Contractors:' (1) General building (2) Subcontractor, general (3) Engineering subcontractor (4) Acoustical tile (5) Air conditioning (6) Awning (7) Carpentry (8) Electrical (9) Elevator (10) Floor laying and sanding (11) Gas fitting, pipe fitting (12) Jalousie (13) Mason and plaster contractor (14) Moving and wrecking houses (15) Ornamental iron, bronze and steel (16) Plumbing' (17) Painting (18) Plastering and cement (19) Plate glass and glazier (20) Roofing (21) Sandblasting (22) Sign (23) Solar water heater (24) Septic tank (26) Sprinkler system' (26) Steel, reinforcing (29) Swimming pools (30) Venetian blind (31) Tile, marble and granite (32) Well drilling (33) Not classified Country club Cosmetology salon Cosmetologist, each Credit bureau Dancehall Data processing - service agency Data processing - software development Delivery services, per each vehicle Dental technician/hygienist Dramatic or theatrical troupe or company Disc jockey (see entertainment) Dry cleaning'. plant Electric light and power company Employment agency Engraver, lithographer Exterminator Financial institution - banks and trust companies Financial institution - building and loan association Financial institution - money lenders, except banks Financial institution - mortgage loan company Financial institution - personal finance company Fire extinguisher service Fish market Florist Funeral home Golf course Golf driving range/miniature golf Hall for hire Health club Home health care services Hospital Hotel, lodging house o~ motel. first room Hotel, lodging houses or motel, each additional room Hypnotist Ice cream shop/parlor Import/export Insurance adjuster Insurance agents, each Insurance agency office Insurance company Interior decorator Janitorial services Jewelry Jewelry .broker Labor union organization Landscaping servicellawn maintenance 49.50 110.00 55.00 110.00 1,375.00 495.00 110.00 165.00 247.50 184.80 184.80 82.50 132.00 99.00 165.00 165.00 99.00 165.00 165.00 55.00 165.00 82.50 82.50 165.00 132.00 165.00 82.50 165.00 165.00 99.00 82.50 132.00 82.50 110.00 99.00 66.00 165.00 99.00 99.00 495.00 66.00 33.00 110.00 165.00 137.50 165.00 11.00 33.00 220.00 110.00 82.50 165.00 165.00 110.00 110.00 385.00 385.00 385.00 385.00 385.00 82.50 82.50 110.00 110.00 550.00 247.50 165.00 137.50 110.00 346.50 55.00 6.05 187.00 110.00 110.00 110.00 55.00 110.00 110.00 110.00 110.00 165.00 330.00 275.00 55.00 Land developmentcorilpany Laundry - self-service Laundry or dry cleaner Loan agent Lecturer Locksmith Machine shop Manicurists, each Masseurfmasseuse Mail order business Manufacturing Marina Marina. each boat slip Massage salon Medical clinic Merchants - retail stock less than $1,000.00 Merchants - retail stock over $1.000.00 and less than $5.000.00' Merchants - retail stock over $5,000.00 and less than $10,000.00 Merchants - retail stock over $1 0,000.00 and less than $20,000.00 Merchants - retail stock over $20 ,000.00 and less than $50,000.00 Merchants ~ retail stock over $50,000.00 . and less than $100,000.00 Merchants - retail stock over $1 00,000 .00, each additional $1,000.00 Merchants - Wholesale: Same as retail. Messenger service Messenger service, each vehicle Motion picture theater Motion picture theater - candy and popcorn concession Moving comPany with storage Moving company, eath vehicle over 2 Museum Newspaper publishers bureau or agency Newspaper published daily Newspapers published weekly, semimonthly or monthly Newsstand Nightclub, Nurse Nursery - trees/plants Nursing home Parking lot - 1 to 25 cars Parking lot - over 25 cars Pet shop photographer photography studio Piano tuner Pool maintenance Printing Private investigative agency Private school - Prqfessionals, each individual Property management Publisher Real estate broker with no agents Real estate broker, each agent ~I estate salesman Repair of watches and jewelry Repair and service shops . Restaurant - 0 to 30 seats Restaurant ---' 31 to 74 seats Restaurant ~ 74 to 149 seats Restaurant- 150 or more seats Restaurant - drive-in Research laboratory Rinks - skating, roller Sales office, no stock School Security company Shoe repair Shoeshine, each chair Showroom Snack bar as accessory use Storage warehouse/public storage Tanning salon - 1 to 5 units Tanning salon as accessory use Tanning salon, each additional unit over 5 units Tax preparation service Taxicabs, each Telemarketing sales Travel agency T ruck/trailer rental or leasing 110.00 247.50 110.00 165.00 247.50 88.00 82.50 33.00 5500 55.00 165.00 1,100.00 82.50 110.00 220.00 66.00 77.00 165.00 198.00 247.50 440.00 2.20 66.00 22.00 440.00 44.00 110.00 27.50 247.50 137.50 132.00 132.00 55.00 330.00 33.00 55.00 110.00 55.00 110.00 82.50 55.00 110.00 55.00 110.00 110.00 137.50 192.50 187.00 .110.00 110.00 110.00 110.00 55.00 110.00 110.00 55.00 110.00 165.00 220.00 110.00 , 110.00 165.00 55.00 192.50 137.50 82.50 30.80 110.00 66.00 110.00 110.00 55.00 11.00 110.00 55.00 110.00 110.00 119.00 Truck/trailer rental or leasing - each vehicle over 3 Unclassified Uniform service (towel, linen, diap~r) Upholsterer Valet parking, per location, for hire only Vehicle leasing company, each vehicle Vending machines - business premises Vending machines - one cent, each machine Vending machines - fIVe cents, each machine Vending machines - ten cents, each machine Vending machines - over ten cents, each machine 22.00 110.00 137.50 110.00 110.00 55.00 82.50 1.10 5.50 8.25 11.00 The full text of the ordinance is available atthe OfflCEfOf the City Clerk, City of Aventura, 19200 West Country Club Drive Aventura Florida 33180 305-466-890 1. .. ,. , 5/8 Teresa M. Soroka, MMC, City Clerk 08-4-0111013287M /' '.' MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter ot CITY OF AVENTURA NOTICE OF PROPOSED ORDINANCE - JUNE 3, 2008 in the XXXX Court, was published in said newspaper in the issues of 05/08/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. - tJ. -P~d Sworn to and subscribed before me this 08 day of MAY ,A.D. 2008 c~~ ~~~.. (SEAL) V. PEREZ personally known to me ~J\. Cheryl H Marmer . .Y- j My Commission 00338559 \~ ,.:1 Exptres July 18, 2008 ~""'>CJ' AVElIT'" PU8UCNOTlCE: Of "f'ROItOS~~)~~.. ,~T=~r':J:=if~t~:rirr~u=~~i 6:00p.m. Ir1the,CQrnmIssioO, .,Ch!imber of the~Governl1l8rlt Center, 1~"West CoUn~prul? ,.Drive. Av~tura. fl9rida.the ~ity Commission, wIH consider the adoption of the, following Ordinanc& on second reading, entltlect: c . AN ORDIfW<ICEOF'ntJ;aTYOF ~Fl.()~oAAMI!NDING THE CITY CODE BY .~ 'rmcLE If"i..OCA.t. BtnUNE$S TAXES"OF C .' ".. -, ~GULA~ T,QI;sANo PE~"B.V'AM " 1~"TJSRII OF'.I$F'T: HALF YEAR,Ree .~. Of,~lPT"iAr4EfiDtNG SE~N1"'1... _ .A'OC)'UIECE.m~;A8D~NG SECTION le:.42 ."TAX.~EDuL&~ TQCQNFQRMWITH,t:mCENT REVI$lONS TO,F~STA~ ~R_ TC)t:S1'AlLISH NEW RA'q5~FQ6 .L,OeAl. B~,l'~.c.EIPTs BY PROVI~ AN~.' OF' UPTC).lJN(~,'~ENT; PRO~FOR S~. PRQVlI)II\I$'fOR.~ IN CODEiAND pRc>VtpIN4l=ORAN ~FFEc1tvEI)~~ " The proposed ()rdin8llCf3 may p8 in~~i>Y th.~arth& OffIce of the Cjty Ciei'l<,,19200:W8StCotmtry ~. 'AVElQt~ra, Rorida. IntereS~part!~ITia)'~at tt}e,~.. ..... .~b,eheard 'lfith respect to Jh8 propo~Ordin!lflC6' Any~~t9 ~ress the City COmmission on any item at thisful;lUc f1e.009'~ <10 $0 after the Mayor opens the public: heai;ing. . . In acc<>[Cjanca Vfith~ ~riCan$ With ~ APt Of 1990. all ~rsons. who. are ~..~'wtl9.~~ia1 acoomrnodati to participate in this proceeding beCause otthat ~1i4t" the ,Office of the City CIerk.~901. notlJlter thall two bu ,ness days prior to llUCh p~ings.' [I , . ./:' ',. ,. .:.. ,I If a person d8cld8s to ~any.d8cision mlid8 by the CIty Comrnll;sion with . ~spect to. anY ITUltt~ .con~red . at 81J\66tingor . hftring. that P61"l!Q1l will n,eed a ~rdof the proCeedings and. f<>r SUChPurp~, may need to ~We that a ,~record ofthep~ is made, whicli rl!CQrd {neIOde$ thetltStirnc)fly apd evidence upon wbil;:tlthe aPPfJal is to ,be based.' . , ;5/8 Teresa M. Soroka, MMC City Clelt( ,. Q8-4-02J1013288M ".........-...-'-'-"'....:.-.. ..._- ".....>-''''."..,<~;' ...., ~ :I: ::> I- :a: z - N W N ~ ~ u.. c 0 0 ~ ;:; CJ CI) 0 CJ) Q) C 0 N Q.i Q; OJ E L..:: ro c ro Q) a.. .Q z rJ) -- C. t c C .Q .;:: Q) 1:5 (,) .!!1 > rJ) U "'C Q) Q) <( (j) 0 .... .... Q Q II) II) 'It 'It II) 'It 'It 0 ~ .... .... M M .... .... .... >< CO CO M CO L..:: Q) .0 E L..:: :J Q) Z Q) .0 C. E c ~ 0 :J t L.. Z Q) Q.i ..Q "'C rJ) N 0 <( E U:i U e JQ ........ e <w ~ . ...... ~ fi <w ..c ~ ." ClO~ 08- 0:;- Nog _Gl ~= N:5 -Gl Lt')g O~ .;; Gl Gl > 'jjj ::l U c: o U III .. ." Gl ." .;; o a .!!! Q) .... ctS C c: o .- .... ctS CJ~ .- Gl -Gl .Qiji ::s~ c..~ 22A I WEDNESDAY, MAY 21, 2008 A1 FROM THE FRONT PAGE 2008 SILVER KNIGHT AWARDS ~.......,,1... *' ,-.'.....,:;x' CITY OF AVENTURA NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN Public Notice is hereby given that the City of Aventura,City Commission wil: meet in a public hearing on Tuesday, June 3, 2008 at 6:00 p.m. to consider the following Ordinance for adoption on second and final reading: C Gl C o u >- c: .. Gl III o Q. 5 Q. e ... o "" o ii " Gl >- ~ >- c: .. .= o '" "'" o ~ Gl > :;:; .. .~ Gl ." Gl OJ e u "0 c: >- .. E ::l o >- ,; B .. u :0 .= Gl Ol .. Q. ." c: .. Gl OJ ." Gl ;; c: o ." E Gl :r: 'f: .. :i Gl .t: I- .= AN ORDINANCE OF THE CITY OF AVENTURA, FLORIOA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN 8Y ADDING AN 'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE 2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF SERVICE STANDARDS FOR PUBLICSCHOOLSANDFORTHE CITYOF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING EXISTING POLICY 4.18 TO POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT AND AMENDING THIS POLICY TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2007/08-2011/12 CAPITAL IMPROVEMENT PLAN; BY ADDING NEW POLICY 4.20 OF OBJECTIVE 4 OFTHE CAPITAL IMPROVEMENT ELEMENT TO ANNUALLY EVALUATE THE MIAMI-DADE COUNTY PUBLIC SCHOOLS FACILITY WORK PROGRAM; BY AMENDING AND ADDING PUBLIC SCHOOL FACILITIES TO THE CONCURRENCY MANAGEMENT SECTION OF THE CAPITAL IMPROVEMENT ELEMENT; BY ADDING A NEW POLICY 1.21 TO OBJECTIVE 1 OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO EXECUTE AND FOLLOW THE PROCEDURES IN THE ADOPTED "AMENDED AND RESTATED INTER LOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITIES PLANNING IN MIAMI-DADE COUNTY AND TO COORDINATE THE ESTABLISHMENT OF LEVEL OFSERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. The Public Hearing will be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk at the above address, Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based Teresa M. Soroka, MMC, City Clerk MlamiHerald,corn I THE MIAMI HERALD 15 high school seniors earn a golden moment .SllVER KNIGHT, FROM lA Nuevo Herald. "It takes incredihle commitment to community and academic achievement to make a Silver Knight. Only the most extraordinary kids make it to this level." For 50 years, the newspa- pers have honored high- school luminaries with Silver Knight Awards in categories ranging {rom art to music to foreign language. This year's class of 15 MiamH)ade win- neTS was named Tuesday night at the Adrienne Arsht Center for the Performing Arts in a ceremony that had the look and feel of the ()scars: long gowns and tuxe- dos, bright lights and a full orchestra, and a giant screen projecting the winners.' shocked expressions when their names were called When the Social Studies winner was introduced, the audience rose to its leet and gave Kevin Mintz a standing ovation. The senior at Robert Mor- gan Educational Center near West Perrine. who has cere- bral palsy and uses a wheel- chair, was the first student selected for a school district advisory panel on special education. His efforts helped ensure that disabilities were included in the district's social studies curriculum. "I have been trying to break down people's fears about those with disabilities and I view this project as a very good first step in the right direction." he said. This fall, Mintz will go to Harvard University, where he'll major in government. He hopes to go to law school to become an advocate for people with di<;abilities. The audience al50 cheered when the announcer said the winner in the drama category was a Chongalicious girl. Maria "Mimi" Davila, a LellatNntke MORE COVERAGE HONORABLE MENTIONS: The three honorable mentions In each category wil! befea- tured in Sunday's Neigr- borS0ditiot)s senior at Michael Krop, co- wrote and co-starn)d in a Web video of the Chongali- dous Girls, a spoof on young Hispanic girls. The girls became local celebrities and were featured on the CBS Early Show and National Public Radio. The video taught Davila to believe in herself. "It started of( as me and a friend having fun," she said. "But it turned into a political statement and an artistic statement. It proved to me that one person can really have a voice and make a dif- ference." Silver Knight winners each received $2,000, a slatu~ ette and medallion, and a round-trip ticket to any- where in the United States from American Airlines. Honorable mentions receive $500 and a plaque. The awards are sponsored by American Airlines, the Blank Family Foundation and Blue Cross/Blue Shield. Then-Miami Herald pub- lisher John S. Knight created the program in Miami in 1959 to honor high school seniors who shine in academics and community involvement. In the last half century, 1,100 have been named Silver Knights. Winners have gone on to win Oscars, play in Super Bowl games and become rocket scientists. Many Silver Knight alumni returned to their high schools to talk with students Tuesday. They also attended a luncheon featuring speak- ers Steve Reinemund. the retired PepsiCo chairman and the 1%6 Silver Knight in citizenship. and Ambassador Frances D. Cook, the first female head of post for the United States in the Middle East and the 1963 Silver Knight in social science. The John S. and James L. Knight Foundation funded the alumni events and made a $205,000 grant to allow Hands on Miami to set up a mentorship program. Students are nominated by their teachers, and chosen by a panel of judges. This year's IS winners and 45 honorable mentions were selected from more than 400 nominations. Fifteen Broward County stu- dents were also named Silver Knight winners at a cere- mony last month. This year's winners are well on their wav to success. Cristina More~o, a student at Coral Gables Senior and the mathematics win neT, started a chapter of the 1nfoT- mation Technology Girls Club. Her efforts encouraged young girls to pursue careers in math, science, engineering and technology. Alejandro Calleja built a school band at Mater Acad- emy - and then went on to excel at saxophone competi- tions throughout the state. "Every year, the Silver Knights are important to us, but this year - the 50th anni- versary - is especially important," Landsberg said. "So many former winners have had the chance to meet. It's a delight to see a winner from 20 years ago connect with a winner from last year." Lcglll('t;"ollce IN" THE Cmcurr COURT OF THE 17111 JumClAL CmcUIT IJIi AND FOR BROWARD COL'?IITI, FLORIDA If You Were Strip Searched Between December 13, 1998 and October 5, 2007 by Broward County Sheriff's Office, Then Your Rights Could Be Affected By A Proposed Class Action Settlement. A proposed settlement has been reached in aclass action lawsuit against the County of Broward and Kenneth C. Jenne. II, alleging that officers employed by the Broward County Sheriff's Office engaged in unconstitutional strip searches between December 13. 1998 and October 5. 2007. This is only a summary For more infonnation about the settlement. you should read the detailed Notice of Proposed Settlement and Hearing. which is available at the settlement website at www.hrowardcountvstrinsearch.com. You may also get additional information by calling the Settlement Administratortoll-free at 877-465-3138, Class Counsel at 561-803-3500, or by writing to Broward County Strip Search Settlement. c/oCompleteClaim Solutions, LLC, P.O. Box 24621. West Palm Beach, A.. 33416. I. WHAT IS THIS LAWSUIT ABOUT? Plaintiff~ claim in this lawsuit that officers employed by the Broward County Sheriff's Office strip searched individuals after December 13. 1998 who were arre~ted for a traffic, regulatory or mi~demeanor offense without probable cause to believe that the person arrested eoncealed a weapon, a controlled substance, or stolen property in violation of the unreasonable search provisions of the U.S. Constitution, QR strip searched individuals despite a finding by a Judge at first appearance that the person could be released on recognizance or bond and no valid justification existed for the search Defendants deny tbat they did anything wrong. and contend that even if they do anything wrong. Plaintiffs are not entitled to any money as a result of being searched. The COUll in eharge of this case is the Circuit Court of the 17'h Judicial Circuit in and for Broward County, Florida, Judge Jeffrey E. Streitfeld, presiding. The case is called Echel'erry and Cole v. County of Broward and Sheriff Kenneth C. Jenne, 1/, No. 02-023326 (14). The people who sued are called Plaintiffs, and the municipality and municipal officials they sued. the County of Broward. V. Sheriff Kenneth C. Jenne. It arc called the Defendants. II. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT? Judge Streitfeld decided that everyone who fits this description is a Class Member: (I) any person arrested in Hroward County on or after December 13. 1998 for a traffic, regulatory. or misdemeanor offense who was strip searched by officers of the Broward County Sheriff's Office without probable cause to believe that the person arrested concealed a weapon. a controlled substance, stolen property; and (2) any person arrested in Broward County on or after December 13, 1998 for a traffic. regulatory or misdemeanor offense who was strip searched by officers from the Broward County Sheriff's Office despite a finding by the Judge at first appearance that the person arrested could be released on recognizance or bond and no valid justification existed for the search. III. WHAT DOES THE PROPOSED SETTLEMENT PROVIDE? One benefit of the settlement to Class Members is that each Class Member will be entitled to up to $1 ,000.00 of an S 11.5 million settlement fund, after payment of administrative costs. incentive awards ro the Representative plaintiffs, and attorneys' fees and expenses. The amount is dependent on how many claims are received by the Settlement Administrator during the claims period, and is subject to change based on the number of claims received. No amount is guaranteed. To qualify for a payment. you MUST send in a Claim Form. which may be obtained on the Internet at www.browardcountvstriosearch.com. IV. WHEN WOULD I GET MY PAYMENT? The Court will hold a hearing on AU,b'llst 15, 2008 at 9:30 a.m. to decide whether to approve the settlement. If Judge Streitfeld approves the settlement, there may he appeals. It is always uncertain whether those appeals can be resolved. and resolving them can take time. perhaps more than a year. Everyone who scnds in a Claim ronn will he informed of the progress of the settlement by Class Counsel. Please be patient. WHAT ARE MY OPTIONS? You may remain a part ofthc Class but in order to receive payment under the settlement, you must submit a Claim Form. You must mail a Claim Fonn postmarked no later than September 1, 2008 to get any money. You may choose to exclude yourself from the settlement. If you exclude yourself from the settlement. you will not be hound by the settlement or judgment and will not be entitled to acashpayment. You will be free to pursue your claims against the Defendants. This is the only option that allows you to bring or he part of any other lawsuit against the Detendants in this case about the same legal claims that are advanced in this case. If you wish to be excluded, you must exclude yourself from the Settlement by writing to Broward County Strip Search Settlement. c/o Complete Claim Solutions. LLC, P.O. Box 24621, West Palm Beach, FL 33416, to be received by the Settlement Administrator no later than July 25, 2008. You may object to the seulement. Uyou do not exclude yourself. you may write to the Court about why you do not like the settlement or the request for legal fees and costs. If you wish to object, you must file a written objection on or before July 25,2008. You may ask to speak in Court about the fairness of the settlement or the request for fees and costs. You may choose to do nothing in whieh case you get no payment and give up your right to sue Defendants on these claims later. VI. WHO REPRESENTS ME? You and other CIa-'.;;s Members arc represented by: Gerald F. Richman, Gary S. Betensky. and Manuel Garcia- Linares of Richman Greer. P.A.. One Clearlake Centre, Suite 1504, 250 Australian Avenue South, West Palm Beach. FL 33401, and Kevin J. Kulik. 500 S.W. 3t<J Avenue, Fort Lauderdale. I-'L 33315. Together, the lawyers. are called Class Counsel. You will not be charged for these lawyers.. If you want to be represented by your own lawyer. you may hire one at your own expense. VII. HOW DO I GET MORE INFORMATION? You can call the Settlement Administrator toll-free at 877-465-3138. Class Counsel at 561-803-3500. or write to Broward County Strip Search Settlement, c/o Complete Claim Solutions, LLC. P.O. Box 24621, West Palm Beach, FL 33416, or visit the website at www.browardcountvstriosearch.com. where you will find answers to common questions about the settlement, a Claim Form. plus other information to help you determine whether you arc a Class Member and whether you arc eligihle for payment.