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HomeMy WebLinkAboutAnnual Board Reports and PresentationsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 10 FROM : Honorable Mayor & Cioissioners Pedro G. City Manager dez, P.E. DAT SUBJECT REFERENCES: ENCLOSURES: March 7, 2008 Annual Board Reports and Presentations FILE : Pursuant to City Code Sec. 2-890 (Annual report of City Boards and Committees), each board chairperson shall submit a report, approved by the board, to the City Manager setting forth the following information concerning the board: 1) Whether the board is serving the purpose for which it was created. 2) Whether the board is serving current community needs. 3) A list of the board's major accomplishments. 4) Whether there is any other board, either public or private, which would better serve the function of the board. 5) Whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created. 6) Whether the board's membership requirements should be modified. 7) The cost, both direct and indiieet, of maintaining the board. Furthermore, Code Sec. 2-892 stipulates that during the month of March of each year in which a board is to be reviewed, the chairperson shall make an oral presentation based on the report set forth in Sec. 2-890 above. The following boards are scheduled to make oral presentations before the City Commission on March 13, 2008: 1. Planning Advisory Board 2. Zoning Board 3. Street Codesignation Review Committee 4. Committee on Ecology and Beautification 5. Commission on the Status of Women 6. Orange Bowl Advisory Board 7. Virginia Key Beach Park Trust 8. Coconut Grove Business Improvement Committee -17 r 0 - 42.0 Attached are all written versions of the oral presentations that we have received to date. If you have any questions please do not hesitate to contact me. cc: Maria J. Chiaro, Interim City Attorney Priscilla A. Thompson, City Clerk Larry Spring, Chief Financial Officer PLANNING ADVISORY BOARD ANNUAL REPORT 2007 The Planning Advisory Board (PAB) consists of nine members and one alternate, all of whom are appointed by the City Commission. There is also one School Board member appointed by the Miami -Dade County Public School Board, who is an ex-officio nonvoting member. The PAB usually meets on the first and third Wednesday of every month. It shall serve as an instrument for the hearing of text and map amendments to the Miami Comprehensive Neighborhood Plan 1989- 2000 and Zoning Ordinance No. 11000, in addition to text amendments to the Miami City Code. Where the City is the applicant, the PAB also makes recommendations on zoning atlas amendments. Is the board serving the purpose for which it was created? Yes. Is the board serving current community needs? Yes, the PAB is serving current community needs by being responsive to the need to amend planning and zoning amendments in response to changing conditions in Miami. A list of the board's major accomplishments during 2007: o'• During 2007, the PAB held 19 meetings and one workshop. ❖ The Board heard 47 items, which consisted of: a) petitions to amend the Miami Comprehensive Neighborhood Plan 1989-2000, b) Major Use Special Permits, c) amendments to Major Use Special Permits, d) zoning atlas amendments, e) zoning text amendments. Is there any other board, either public or private, which would better serve the function of the board? The PAB is a quasi-judicial board uniquely equipped to address planning and zoning issues Citywide. Should the ordinance creating the board be amended to better enable the board to serve the purpose for which it was created? No. Should the board's membership requirements be modified? Appointments to the PAB by the Commissioners include the following: 1) Notice in a newspaper of general circulation in the City of the vacancies at least 30 days prior to the making of an appointment. 2) Qualifications, background, experience and abilities of appointees to fulfill the duties and responsibilities of board membership or alternate membership. The applicant must be an "elector of the City of Miami", which means a person who: (1) is a citizen of the United States of America; (2) is 18 years of age or older; (3) has not been adjudicated mentally incapacitated with respect to voting in Florida or any other state; (4) has not been convicted of a felony in Florida, or any other state, without having had his/her civil rights restored; (5) is a resident of the City of Miami; and (6) is registered to vote in the City of Miami. 3) Prospective appointees could be subject to a personal appearance before the City Commission, to afford said Commission an opportunity to ascertain future nominees' proficiency in the English language, educational background and general knowledge of planning and zoning. 4) Prior demonstration by prospective appointees of interest in and concern for planning and planning implementation, as may be evidenced by previous attendance at planning or land use control seminars. Should you need further information, please contact me through the Department of Hearing Boards at (305) 416-2030. ncrely, Alva Mobre Parks Chairperson Respectfully submitted this / Q day of January, 2008. ZONING BOARD ANNUAL REPORT 2007 The City of Miami Zoning Board (ZB) consists of nine members and one alternate, all of whom are appointed by the City Commission. The ZB was created under Section 62-91, City of Miami Code, Ordinance No. 9846, in February of 1984. It shall serve as an instrument for the hearing of rezoning applications for specific properties, as set out in Article 22 of the Zoning Ordinance of the City of Miami. When acting in this capacity, its work shall be deemed advisory to the City Commission. Is the board serving the purpose for which it was created? Yes, it serves as the quasi-judicial instrument for granting variances and/or special exceptions under the Zoning Ordinance. It also performs these functions as set out in Articles 16 and 19 and under the applicable laws and regulations of the State of Florida and the City of Miami. Is the board serving current community needs? In exercising authority to review the decision of the administrative official, the ZB shall have all the powers of the officer from whom the appeal is taken, and in conformity with the provisions of law and Zoning Ordinance, may reverse or affirm, wholly or in part, or may modify the decision appealed. A majority vote shall be necessary to reverse any decision of such administrative official, or to decide in favor of the appellant. The ZB also makes final decisions on Special Exceptions and Variances, which can be appealed to the City Commission. It makes recommendations on matters such as zoning changes and street closures, leaving the final decision to be made by the City Commission. It is also the proper body, which decisions made by the Zoning Administrator, and determinations by the Planning Department director, may be appealed. Lower -ranking special permits may also be appealed to the ZB. Following are the ZB duties under the Zoning Ordinance: 1) To serve as an instrument of review of decisions of the Planning Department and Office of Zoning in connection with the issuance of special permits and on matters of interpretation, determinations or other decisions specifically placed by the terms of the Zoning Ordinance. 2, To serve as an instrument of review of decisions of the Zoning Administrator in matters of interpretation, enforcement or in connection with the issuance of special permits. 3) To grant, grant with conditions and safeguards, or deny petitions for special exceptions and/or variances to the terms of the Zoning Ordinance. A majority vote shall be necessary to grant or deny any special exception or a variance. 4) To make recommendations to the City Commission on those proposed amendments to the Zoning Ordinance placed within the jurisdiction of the ZB by Article 22 of the Zoning Ordinance. A list of the board's major accomplishments during 2007 The ZB accomplishments in 2007 were: 1) The ZB met on 17 occasions; and 2) The ZB heard 112 items, which consisted of variances, special exceptions, street closures, appeals and changes of zoning; and 3) As a result of the above hearings, the Department of Hearing Boards mailed approximately 40,000 legally -required letters of notification within the legally required time constraints to property owners within 500 feet of each subject site; and 4) The Department of Hearing Boards prepared and sent, via certified mail, approximately 7,000 legally required letters of notification within the legally - required time constraint and prepared an estimated 350 legally required advertisements for public hearing items. Except during the month of August, the ZB attempts to accommodate at least two public hearings each month, usually at 7:00 P.M. on Mondays. The ZB works closely with the community, encouraging its meetings with developers and/or conflicting sides and offering staff support. The ZB is highly respected by the community and by experts and various department personnel, which work in conjunction with it. Is there any other board, either public or privatezwhich would better serve the function of the board? The functions of the ZB are unique since its creation. No other board, whether public or private, would better serve the function of the ZB. Commissioner appointees are electors of the area and knowledgeable of its needs, serving as intermediates and facilitators between opposing groups in order to achieve harmony and optimum results. By this means, we have successfully accelerated the process of development. 2 The ZB looks at each application individually and judges it by its merits; it is believed that no two cases are the same, although some situations may resemble. One of the major accomplishments of the ZB is that its members study each agenda item thoroughly in advance, taking into consideration amongst other things, the following at the time of the hearing: 1) The merits of the application; and 2) Whether the application is properly in front of the ZB; and 3) Whether the petition would be beneficial to the neighborhood and the City of Miami; and 4) Whether the immediate neighbors are present and taking part in the process; and 5) Whether the immediate neighbors are in support or in opposition of the petition; and 6) Whether there are any code violations; and 7) That each applicant be afforded the same opportunities presenting an application to the ZB. The foregoing is part of the consideration given to each application and assures all individuals the same rights under the ordinance, no matter its whereabouts in the City construction or development is being proposed. The manner in which the ZB has been created makes it possible to rule in fairness for or against an application when there is both opposition and support in a neighborhood. Should the ordinance creating the board be amended to better enable the board to serve the purpose for which it was created? There have been discussions about the possibility of dividing the functions of the ZB geographically, to better reflect the various areas of the City. No resolution was made because it would appear cumbersome to have three to four area boards making recommendations on one zoning atlas. Should the board's membership requirements be modified? Appointments to the ZB by the Commissioners include the following: 1) Notice in a newspaper of general circulation in the City of the vacancies at least 30 days prior to the making of an appointment; and 2) Qualifications, background, experience and abilities of appointees to fulfill the duties and responsibilities of board membership or alternate membership; and 3 3) Prospective appointees could be subject to a personal appearance before the City Commission, to afford said Commission an opportunity to ascertain future nominees' proficiency in the English language, educational background and general knowledge of planning and zoning; and 4) Prior demonstration by prospective appointees of interest in and concern for planning and planning implementation, as may be evidenced by previous attendance at planning or land use control seminars; and 5) Electors of the City of Miami. We would like to thank the city administration as well as the Neighborhood Enhancement Team; particularly, the NET Administrators for their presence during our meetings this past year. Their input is invaluable to our decision - making process and we urge more comments and clarification as well as input from them. We would also like to request that in the future, when there are city -initiated items, the appropriate department send a representative to address issues and answer questions. Finally, the Chair respectfully requests that the Commissioners urgently direct their respective ZB appointees to abide by proper rules of order, courtesy and decorum during all meetings. Such direction will serve to promote the more - efficient conduct of the ZB business within the framework of properly -structured and more professionally -run meetings. Should you need further information, please contact me through the Department of Hearing Boards at (305) 416-2030. Sincerely, ileana M. Hernandez -Acosta Chairperson Respectfully submitted this / day of January, 2008. 4 !PI FF1 Pedro G. Hernandez, P.E. City Manager/Chief Administrator teph indell, P.E. Dire Public WorTccs?Separtment : December 12, 2007 F;__ SUE.JECT : Street Codesignation Review Committee — Annual Report 2007 REFERENCES ENCLOSURES: Detailed in this report is the required information for the Street Codesignation Review Committee for the 2007 calendar year. This information answers all the requirements as set forth by City Code Section 2-890. 1) "Whether the board is serving the purpose for which it was created. • On July 12, 1990, through Ordinance 10761, the City Commission established and created a permanent Street Codesignation Review Committee (Committee). The purpose for creating this Committee was to review the street Codesignation, marker and plaza designation requests and to make recommendations to the City Commission to guide the Commission in its determination as to whether a street should be codesignated or a marker or a plaza should be designated. 2) Whether the board is serving current community needs. • The board currently meets on an as needed basis based on the requests from the community, Mayor and Commission. 3) A list of the board's major accomplishments. • A total of seven (7) codesignation requests were reviewed and recommendations made for calendar year 2007. 4) Whether there is any other board, either public or private, which would better serve the function of the board. • Yes, in-house staff could handle the functions of this Committee. Currently, in-house staff performs the majority of the administrative functions for the codesignation process. The Public Works Department recommends abolishment of this Committee. The City Commission is not bound by any recommendation or advice received from the Committee. 5) Whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created. • The ordinance creating this board should be rescinded and it is recommended that the Committee be abolished. Currently, in-house staff is performing 98 percent of the Codesignation process. Staff assists the district Commissioners and requestors in the application process, advertises the meeting, hosts the meeting, and upon approval prepares and submits legislation. Once approved by Commission, staff prepares request for signs to the County. Additionally, there are consistent problems in Committee attendance. The quorum requirements were amended to only one member due to lack of quorum. The legal department reviews the request to ensure compliance of the City Code. 6) Whether the board's membership requirements should be modified. • As detailed above, the Public Works Department recommends abolishment of this Committee. 7) The cost, both direct and indirect, of maintaining the board." • There are no costs related to the maintenance of this Committee. However, there are associated costs to codesignate. They are as follows: cost of advertisement for meetings (approximately $780.00), staff time to organize meeting (advertise, schedule members' attendance, schedule requestor's attendance, take minutes, etc.), and $200.00 per signs (maximum of 2) payable to Miami -Dade County. c: Bill Anido, Assistant City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Elvi Gallastegui, Agenda Coordinator Julianne Diaz, Assistant Director CITY OF MIAMI MIAMI COMMISSION ON THE STATUS OF WOMEN 2007 ANNUAL REPORT Presented to: Pedro G. Hernandez City Manager Allyson Warren, Chairperson Constance Johnson, Vice Chair Maria Mascarenas, Parliamentarian Donna Milo Thema Campbell Lyse Cuellar Corky Dozier Anna Zambrana Liliana Dones Maribel Rodriguez Josefina Sanchez-Pando Staff Christian S. Brautigam, Liaison MCOSW Ilene Temchin, Assistant City Attorney January 2008 Introduction: The Miami Commission on the status of women [hereinafter the "MCSW"] is comprised of (11) members — one (1) appointed by the Mayor and ten (10) nominated by the City Commission. The MCSW was established in 1973 pursuant to a Commission resolution and consisted of 15 members. The City Manager's Aide serves as the liaison to the MCSW. Goals and Objectives: The goals and objectives of the MCSW include the following: 1. To serve in an advisory capacity to the City Commission, including advising on any possible barrier, which may impede the participation of women in City sponsored programs. 2. To support the legislation granting women equal rights and equal opportunities. 3. To inspire in women the desire for self-improvement and pride of being, regardless of age, marital status, national origin, race, color, disabilities or creed. 4. To seek for every woman the opportunities equal to her potential and responsibility. 5. To seek opportunities for and to encourage the active involvement of women in matters relating to community progress. Community Needs: The members of the MCSW reside, work, maintain a business or own real property in the City of Miami. The City, through the MCSW membership, is advised of the concerns of City residents as it relates to issues that affect women; in turn, the MCSW informs and educated the community on issues that impact women. Major Accomplishments: 1. Strategic planning session with Dr. Nadeen Medvin to plan future goals of the Commission with an eye to planning 2-3 years into the future. 2. Proclamation from Mayor and Commission declaring 2007 to be the year of Julia Tuttle. 3. Commemoration of Women's History Month with the following events: • Women's History Month Breakfast held at the Orange Bowl Athletic Club, recognition was given to women leaders. • Proclamation by the City recognizing March as Women's History Month. 4. The Board Chair and the Julia Tuttle Oversight Committee have raised approximately $190,000 towards the Julia Tuttle Statue project. The Executive Director of the Miami - Dade County Commission and the Commission on the Status of Women met with the City Manager and was able to obtain financial assistance from the City Commission through the MSEA Board and Arts in Public Places, along with the multiple private and public donations. The City's Law Department has completed contract under review and we will review, forward to the artists for signature, bring back to Risk Management and then to the Manager for signature by end of month so the artists can commence work on the Statue. Our estimated date of completion will be Woman's History Month of 2009 (March). 4. The Commission has moved forward regarding creation of a "Women's Butterfly Garden" to be located at Legion Park. There has also been basic discussion with the Director of Parks, Ernest Burkeen and the Park manager, along with the Director of Girl Power and Women in Transition, two of the ongoing participants we foresee working together in maintaining the garden, and further discussion and meetings are forthcoming. We are very encouraged by Mr. Burkeen's enthusiastic response. We have also discussed possible local assistance from two neighborhood landscape architects who may be willing to participate in designing and plant acquisition. Functions: There is no other City Board, in either the private of public sector that serves the same function as the MCSW. The MCSW was originally established in 1973 by resolution and was greatly involved in the community until 1996. The present Board was created by Ordinance in November 2000 and has since resumed its activities in the Miami community. Membership: With the re-establishment of the MCSW by Ordinance, effective December 2000, the MCSW is composed of 11 members, with the Mayor appointing one (1) member and each Commissioner nominating two (2) members. The MCSW also has a liaison that performs duties as directed by the MCSW. Moreover, the City Attorney, through as Assistant City Attorney, serves by attending meetings and providing legal advice and suggestions, as deemed appropriate. Costs: Current costs are minimal, however ongoing and future projects would lend themselves to an established budget, again, through the Manager's office. In dealing with incidentals throughout the year, the Commission may have occasion to require some extra dollars for programming, attendance at conferences, purchases of supplies not contemplated in the Managers budget. The Commission intends to present programs for the community not contemplated in the Manager's budget. The Commission intends to present programs which provide greater assistance and training programs for women and girls in the City of Miami. Mayor, Commissioners and City Manager offices have been quite generous in providing funds to the Commission for the past few years for special events, but our goal is to have our own budget. Conclusion: The MCSW was created to serve as a direct link and conduit between the City of Miami and its citizenry on issues that affect women. With our new board officers and members who are currently planning exciting educational events this year and into the future; this board continues to reach out to women of all ages within the City of Miami to assist, educate and empower all. TO FROM Received ByfiS4 City Manager's Office Date Pee . df8"Ci rnanc1ez� rnan ez City Manager gel Gonza Chairman Orange Bowl Advisory Board CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM March 3, 2008 DATE FILE SUBJECT: REFERENCES: ENCLOSURES: Annual Report of Orange Bowl Advisory Board Pursuant to Code Section 2-892, the following is a summary report of the significant accomplishments of the Orange Bowl Advisory Board for the calendar year of 2007. The purpose of the Board is to achieve the provisions of Section 53-122 of the Miami City Code, as amended. During calendar year 2007, the Orange Bowl Advisory Board met only once on September 18, 2007 at which time the Board was informed that the University of Miami had officially announced it was moving to Dolphin Stadium. The Board was further advised that the City would be moving forward with the demolition of the stadium and had commenced negotiations with the Marlins and Miami -Dade County for the construction and operation of a new baseball stadium at the property. The City Commission has subsequently approved a tri-party agreement with the Marlins and Miami -Dade County regarding same and have also approved the demolition of the existing Orange Bowl. At this time, the Orange Bowl Advisory Board cannot proceed for the purposes originally created and it is therefore recommended that this board be abolished. AG:LB:m OBC CC 3-08 c: Priscilla A. Thompson, City Clerk Laura Billberry, Director of Public Facilities • Virginia Key Beach Park Miami, Florida J. ) s" f71 deelar+.711r,:'' Annual Report to the City of Miami 2007 • Vrginia Ke9 beacti Park Tru5t Annual report to the City of Miami - 2007 • Whether the board is serving the purpose for which it was created: Absolutely, with some minor modifications to the wording of the original Mission Statement the Board, and staff, continues to work diligently, even with the changes in membership that have taken place; to restore and reopen the Historic Beach Park as a landmark public venue. • Whether the board is serving current community needs: The Board is definitely serving the current community need for recreational green open space in a city with a notoriously low ratio of park space to population by restoring and reopening the City of Miami's largest park, in one of its most scenic locations; which serves the entire city rather than any single neighborhood, all of which takes on added importance in light of the area's growing population. This effort also addresses some less obvious current and future community needs, by offering such innovations as a boundless children's playground and a priority on "green" building techniques throughout the restoration and new construction efforts. As a historic and environmental landmark site with national and international appeal, the Park represents a valuable asset (economic, educational, cultural, and ecological) to the community. Finally, the process by which the Board was created reflects a singular example of democracy -in -action, with productive interactions between community at -large and local government. • A list of the board's major accomplishments: Fortunately, many of the Board's major accomplishments are tangible capital improvements which speak for themselves, as a derelict and neglected "Old County Park" site has been transformed into a restored and modernized Park, replete with rich history and fond memories as well as being a barrier -island environmental treasure. In a very large measure, the credit for these accomplishments is due to the Board's fortuitous selection of an executive director who, in turn, has put together a most knowledgeable and effective staff. One important accomplishment in itself has been the remarkable speed and effectiveness with which all of the task of restoring the Beach Park has been carried out, thanks to skillful and determined negotiation of the bureaucratic apparatus. • Whether there is any other board, either public or private, which would better serve the functions of the board: The very unique circumstances of Historic Virginia Key Beach Park, a City -owned public park with part of its historic footprint still under County jurisdiction; with its rich, although largely undocumented trove of history and its complex environmental issues, and its Museum/Nature Center projects requiring an ability to function as both an instrumentality of local government and a not -for -profit fund-raising organization, all require the unique Board structure, by-laws and relationships that are now in place. In addition, the Board evolved directly from the community at -large, with very broad citizens' support in order to ensure the best use of citizen's public property. In light of these factors, no other board, public or private, can better serve the functions for which this Board was created. • Whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created: No substantive amendments to the ordinance are required, although some minor changes in wording, in order to reflect the Board's current role, such as "create and carry forward a vision" to replace "create a vision" might better reflect the Board's current functions. • Whether the board's membership requirements should be modified: The existing membership requirements, with nine members who reside or have businesses in the city, six of whom are appointees of City Commissioners and the Mayor and three at -large, with Commission approval, is most appropriate and effective. No modifications are needed. • The cost, both direct and indirect, of maintaining the board: (See attached audited financial statements — September 30, 2006) VIRGINIA KEY BEACH PARK TRUST INDEPENDENT AUDITORS' REPORTS, BASIC FINANCIAL STATEMENTS AND REQUIRED SUPPLEMENTARY INFORMATION FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 VIRGINIA KEY BEACH PARK TRUST TABLE OF CONTENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 Page INDEPENDENT AUDITORS' REPORT 1 MANAGEMENT DISCUSSION AND ANALYSIS — Required Supplementary Information 2-5 BASIC FINANCIAL STATEMENTS: Government -Wide Financial Statements: Statement of Net Assets Statement of Activities Fund Financial Statements: 6 7 Balance Sheet — Governmental Funds 8 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds 9 Notes to Financial Statements 10-14 REQUIRED SUPPLEMENTARY INFORMATION: Budgetary Comparison Schedule 15 Notes to Budgetary Comparison Schedule 16 OTHER SUPPLEMENTARY INFORMATION: Statement of Revenues, Expenditures, and Changes in Fund Balances - Capital Improvement Fund- Budget and Actual COMPLIANCE: Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Govemment Auditing Standards 17 18 Alberni, Caballero & Castellanos, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS Et CONSULTANTS INDEPENDENT AUDITORS' REPORT To the Board of Trustees VIRGINIA KEY BEACH PARK TRUST Miami, Florida 4649 PONCE DE LEON BLVD. SUITE 404 CORAL GA3LE3, FL 331 45 - 21 1 TEL: 305-662-7272 FAX: 305-652- -265 A C C-C RA. CONE We have audited the accompanying financial statements of the governmental activities of the VIRGINIA KEY BEACH PARK TRUST (the "TRUST"), a component unit of the City of Miami, Florida, as of and for the fiscal year ended September 30, 2006, which collectively comprise the TRUSTs basic financial statements as listed in the table of contents. These financial statements are the responsibility of the TRUST's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Govemment Auditing Standards, issued by the Comptroller General of the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the respective financial position of the govemmental activities of the TRUST as of and for the fiscal year ended September 30, 2006, and the respective changes in financial position thereof for the fiscal year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Govemment Auditing Standards, we have also issued a report dated December 15, 2006 on our consideration of the TRUSTS intemal control over financial reporting and our tests of compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Govemment Auditing Standards and should be read in conjunction with this report in considering the results of our audit. The Management's Discussion and Analysis and the Budgetary Comparison Schedule, listed in the table of contents, are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the TRUST's, basic financial statements. The Statement of Revenues, Expenditures, and Changes in Fund Balances — Capital Improvement Fund Budget and Actual is presented for purposes of additional analysis and is not a required part of the basic financial statements. The Statement of Revenues, Expenditures, and Changes in Fund Balances — Capital Improvement Fund Budget and Actual has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. t , Clittiat40 lvatt 4, LLP- December 15, 2006 Coral Gables, Florida VIRGINIA KEY BEACH PARK TRUST MANAGEMENT'S DISCUSSION AND ANALYSIS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006 Financial Highlights • The assets of the Virginia Key Beach Park Trust, the Trust, exceeded its Liabilities at the close of the most recent fiscal year by $721,514, (Net Assets). Of this amount, $557,537 (unrestricted net assets) may be used to meet the Trust's ongoing obligations and future operating expenditures. • The Trust's total net assets increased by $189,602 over the previous fiscal, year and was attributable to lower than budgeted Salaries and Benefits, and Operating expenses in relationship to funding received from the City of Miami, Florida. • As of the close of the current fiscal year, the Trust's governmental funds reported a combined ending balance of $586,403, an increase of $43,743 when compared with the prior year. Of the ending balance, $561,478 is available for spending at the Trust's discretion (unreserved fund balance). • At the end of the current year, unreserved fund balance for the general fund was $548,711 or 98% of total fund balance. Overview of the Financial Statements This discussion and analysis are intended to serve as an introduction to the Virginia Key Beach Park Trust's basic financial statements. The Trust's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplemental inforrnation in addition to the basic financial statements, Government -wide financial statements - The Govemment-wide financial statements are designed to provide readers with a broad overview of the Trust's finances, in a manner similar to a private -sector business. The statement of net assets present information on all of the Trust's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the Trust is improving or deteriorating. The statement of activities presents information showing how the Trust's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the event occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only results in cash flows in future fiscal period (e.g., earned but unused vacation leave). The Government -wide financial statements include only the financial inforrnation of the Trust as the Trust had no legally separate entities or component units at September 30, 2006. The government -wide financial statements can be found on pages 6-7. Fund financial statements - Traditional users of governmental financial statements will find the Fund Financial Statements presentation more familiar. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objective. The focus here is on the Trust's two major funds, the general fund and the capital improvement fund. Governmental funds - Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government - wide financial statements, governmental fund financial statements focus on near-ternn inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating an entity's near -term financing requirements. Because this information does not encompass the additional long-term focus of the government -wide financial statements, additional information is provided at the bottom of the governmental funds statement that explains the relationship (or difference) between them. The Trust adopts an annual appropriated budget for its general and capital fund. A budgetary comparison statement has been provided for the general and capital fund to demonstrate compliance with this budget. 2 The basic government fund financials statements can be found on pages 8-9. Note to the financial statements. The notes provide additional information that is essential to a full understanding to the data provided in the government -wide and fund financials. The notes to the financial statements can be found on pages 10-14 of this report. Government -wide financial analysis As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. In the case of the Trust, assets exceeded liabilities by $721,514 at the close of the most recent fiscal year. The largest portion of the Trust's net assets (77%) represents unrestricted net assets of $557,537 that may be used to meet the Trust's ongoing obligations. An additional portion of the Trust's net assets (23%) reflects it's investment in capital assets (e.g., capital improvements, machinery and equipment), less any related debt used to acquire those assets that is still outstanding. The Trust uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. The following schedule reflects a summary of Net Assets compared to that of prior years. Virginia Key Beach Park Trust Summary of Net Assets Governmental Activities Assets Current & Other Assets Capital Assets net of Depreciation Total Assets Liabilities Other Liabilities Total Liabilities Net Assets Invested in Capital Assets Unrestricted Total Net Assets 2006 2005 716,799 687,230 163,977 18,119 $880,776 $705,349 159,262 173,437 $159,262 $173,437 163,977 18,119 557,537 513,793 $721,514 $531,912 Total Liabilities & Net Assets $880,776 $705,349 The Trust's Net Assets increased by $189,602 during the current fiscal year as noted previously and was due to higher funding received verses expenditures for the period. 3 Changes in Net Assets The following schedule compares the revenues and expenses for the current and previous year. Virginia Key Beach Park Trust Changes Net Assets Governmental Activities General Revenues 2006 2005 Operating Transfers -In (Special Revenue - C.O.M.) $1,354,441 $ 900,976 Grants and Other Revenues 12,181 41,000 Interest on Investments 18,231 10,874 Contributions 22,140 19,808 Total Revenues $1,406,993 $ 972,658 Expenditures Salaries and Other Staff Benefits Other Operating Expenditures Total Expenditure 584,544 508,756 632,847 734,537 $1,217,391 $1,243,293 Increase / (decrease) in net assets $ 189,602 $(270,635) Net Asset Beginning Net Assets Ending See the Statement of Activities (page 7) 531,912 802,547 $721,514 $531,912 Governmental Activities - As noted earlier, governmental activities increased the Trust's net assets by $189,602. Key elements of this increase are as follows: A decrease of $26,487 in grants and contributions was offset by higher transfers -in from the City of Miami and interest on investments totaling $460,822. The higher interest on investments was reflective of the general market conditions during the period and transfers -in from the City were as appropriated for the fiscal year. General operating expenditures decreased by $25,902 in fiscal year 2006. This decrease results primarily from lower professional services fees of $155,182 related to the museum planning and design. The lower professional fees were partially offset by higher salary and employee benefits (cost of living, merit, additional staff) and higher costs associated with the administrative office move to the park. Governmental Funds — The focus of the Trust's governmental funds is to provide information on near -term inflows, outflows and balances of spendable resources. Such information is useful in assessing the Trust's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the Trust's governmental funds reported a combined ending fund balance of $586,403, an increase of $43,743 from the prior year, The majority of the fund balance (98% or $561,478) constitutes unreserved fund balance, which is available for spending at the Trust's discretion. The remainder of fund balance is reserved to indicate that it is not available for new spending because it has 4 already been committed 1) to liquidate contracts and purchase orders of the prior period ($24,925), 2) restricted for future capital purposes ($0). General Fund Budgetary Highlights There were no changes to the original appropriations granted the Trust during the fiscal year. During the year, however, capital grants and contributions fell short of budgeted expectations and thus were not available for planned capital improvements. Capital Assets — As of fiscal year end, the Trust had recorded capital assets totaling $163,977, net of depreciation. This represents a $145,858 increase over the $18,119 from the prior year. The major capital events during the current fiscal year included the following; • The Trust purchased a Narrow Gauge model G-16 miniature train for future use on the park for $82,000. • $35,085 was invested in new wiring and communications equipment for the new administrative offices on the park. • Land improvements included the purchase of new flag poles for $16,500. • New vehicles totaling $29,126 were purchased during the year in order to facilitate park maintenance. Additional information on the Trust's capital assets can be found on 13 of this report. Currently Known Facts Revenues in fiscal year 2007 adopted General Fund budget are $2.1 million, an increase of 50 percent from the fiscal year 2006 total revenues of $1.4 million. The Trust will use these revenues to fund current services and the expected impact of inflation on salaries and benefits, and to add additional staff. Request for information This financial report is designed to provide general overview of the Virginia Key Beach Park Trust's finances and to demonstrate the Trust's accountability. Questions concerning any information provided in this report or requests for additional financial information should be addressed to Virginia Key Beach Park Trust, attention Leacroft Robinson, Finance Director, 4020 Virginia Beach Drive, Miami Florida 33149. 5 VIRGINIA KEY BEACH PARK TRUST STATEMENT OF NET ASSETS SEPTEMBER 30, 2006 Governmental Activities ASSETS Cash and cash equivalents $ 674,547 Restricted cash and cash equivalents 36,655 Interest receivable 2,519 Prepaids 3,078 Capital assets Improvements other than building 34,616 Equipment 158,813 Total capital assets 193,429 Less accumulated depreciation (29,452) Total capital assets, net 163,977 TOTAL ASSETS 880,776 LIABILITIES Accounts payable 130,396 Noncurrent liabilities: Compensated absences 28,866 TOTAL LIABILITIES 159,262 NET ASSETS invested in capital assets Unrestricted TOTAL NET ASSETS 163,977 557,537 $ 721,514 The accompanying notes are an integral part of the financial statements. 6 VIRGINIA KEY BEACH PARK TRUST STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 Expenses Operating Grants and Contributions Net Functions/Programs Governmental Activities: Parks and recreation- Salaries and benefits $ 584,544 $ - $ (584,544) Parks and recreation- Operating expenses 632,847 34,321 (598,526) TOTAL $ 1,217,391 $ 34,321 (1,183,070) General Revenues Transfer in- City of Miami, Florida 1,354,441 Interest 18,231 Total general revenues and transfers 1,372,672 Change in Net Assets 189,602 Net Assets - October 1, 531,912 Net Assets - September 30, The accompanying notes are an integral part of the financial statements. 7 $ 721,514 VIRGINIA KEY BEACH PARK TRUST BALANCE SHEET - GOVERNMENTAL FUNDS SEPTEMBER 30, 2006 Capital General Improvement Fund Fund Total ASSETS Cash and cash equivalents $ 674,340 $ 207 $ 674,547 Due from other fund 3,707 3,707 Restricted cash and cash equivalents 36,655 36,655 Interest receivable 2,519 2,519 Prepaids 3,078 3,078 TOTAL ASSETS $ 683,644 $ 36,862 720,506 LIABILITIES Accounts payable Due to other fund TOTAL LIABILITIES $ 110,008 $ 20,388 $ 130,396 3 707 3,707 110,008 24,095 134,103 FUND BALANCES Reserved for encumbrances 24,925 - 24,925 Unreserved - 548,711 12 767 561,478 TOTAL FUND BALANCES 573,636 12,767 586,403 TOTAL FUND BALANCES AND LIABILITIES $ 683,644 $ 36,862 Amounts reported for governmental activities in the statement of net assets (Page 6) are different as a result of: Capital assets used in govemmental activities are not financial resources, and therefore are not reported in the funds. 163,977 Long-term liabilities are not due and payable in the current period and therefore not reported in the funds. Compensated absences (28,866) Net assets of governmental activities (Page 6) $ 721,514 The accompanying notes are an integral part of the financial statements. 8 VIRGINIA KEY BEACH PARK TRUST STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 Revenues Transfers in - City of Miami, Florida Other revenues Interest income Total Revenues Expenditures Parks and recreation- Salaries and benefits Parks and recreation- Operating expenditures Parks and recreation- Capital outlay Total Expenditures Excess of Revenues over Expenditures Fund Balances, October 1 (Restated) Fund Balances, September 30 Amounts reported for govemmental activities in the statement of activities (Page 7) are different because: Net change in fund balances - total government fund Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is depreciated over their estimated useful lives. Add current year capital outlays Less current year depreciation Change in net assets of governmental activities (Page 7) General Fund Capital Improvement Fund Total $ 1,354,441 $ - $ 1,354,441 34,196 125 34,321 13,641 4,590 18,231 1,402,278 584,544 462,330 146,210 4,715 1,406, 993 151,826 18,340 584,544 614,156 164,550 1,193, 084 170,166 1,363,250 209,194 (165,451) 43,743 364,442 178,218 542,660 $ 573,636 $ 12,767 586,403 The accompanying notes are an integral part of the financial statements. 9 43,743 164,550 (18,691) $ 189,602 VIRGINIA KEY BEACH PARK TRUST NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2006 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies of the VIRGINIA KEY BEACH PARK TRUST (the "TRUST") conform to generally accepted accounting principles as applicable to governments. The following is a summary of the more significant policies. A. Reporting Entity The Virginia Key Beach Park is a 82.5 acre historical landmark called "Old County Park", was, during the era of segregation, the location of a "Colored Only" beach from 1945 to the early 1960s, and has remained closed since 1982, except by special permit. On December 14, 2000 (and effective January 2001), via Sections 38-230 through 38-242 to Chapter 38 of the Code of the City of Miami Ordinance 12003, the Virginia Key Beach Park Trust (the "TRUST) was established and acts as a limited agency and instrumentality of the City of Miami. Its general purposes, in cooperation with the Department of Parks and Recreation and other City Departments, are to preserve, restore, and maintain the Historic Virginia Key Beach Park in a manner consistent with the environmental health, historical importance of the Park and the aspirations of the African American community; make it accessible to the general public; propose policy, planning, and design to ensure maximum community utilization, enjoyment, and maintenance of the Park as an open greenspace compatible with its historical and recreational characteristics; solicit and accept grants, contributions and financial and non -financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities; and participate in any other fundraising activity, whether solely involving the Trust or involving partnerships with other personas or public or private organizations which furthers the Trust's purpose. Such was the result of the expressions of the citizens of Miami, and the subsequent establishment of a Virginia Key Park Civil Rights Task Force and a Virginia Key Beach Advisory Board by the City Commission who were charged with the responsibility to seek out and establish the manner in which the desires of the public could be addressed. The City Commission appoints the majority of the TRUST's Board of Directors and approves its annual operating budget. The criteria for including component units consists of identification of legally separate organizations for which the Board of Directors of the TRUST are financially accountable. This criteria also includes identification of organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. Blended component units, although legally separate entities, are in substance, part of the government's operations and so data from these units are combined with data of the primary government. Discretely presented component units are reported in a separate column in the government -wide financial statements to emphasize that they are legally separate from the government. At September 30, 2006, the TRUST had no entities that met the definition for inclusion as a blended or discretely presented component unit. For financial reporting purposes, the TRUST is a component unit of the City of Miami, Florida and is thus included in the City's comprehensive annual financial report as a blended component unit. B. Government -wide and fund financial statements The government -wide financial statements (i.e., the statement of net assets and the statement of activites) report information on all of the nonfiduciary activities of the TRUST. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. The TRUST had no business -type activities as of and for the fiscal year ended September 30, 2006. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. 10 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Major individual governmental funds are reported as separate columns in the fund financial statements. The governmental fund statement includes reconciliations with brief explanations to better identify the relationship between the government -wide statements and the statement for the govemmental fund. C. Measurement Focus and Basis of Accounting The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the TRUST considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when the related fund liability is incurred. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when the TRUST receives cash. The TRUST reports the following major governmental funds: The general fund is the TRUST's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The capital improvement fund accounts for the resources accumulated funds for the construction of a museum, cultural center and other park improvement projects. D. Cash and Cash Equivalents The TRUST's cash and cash equivalents are considered to be cash on hand, demand deposits, and short-term investments with original maturities of three months or less from the date of acquisition. E. Prepaids Prepaid items consist of certain costs which have been paid prior to the end of the fiscal year, but represent items which are applicable to future accounting periods. Reported amounts in governmental funds are equally offset by a reservation of fund balance, in the fund financial statements, which indicates that these amounts do not constitute "available spendable resources" even though they are a component of current assets. F. Capital Assets Capital assets, which include improvements other than buildings, and equipment, are reported in the applicable governmental or business -type activities columns in the government -wide financial statements. Capital assets are defined by the TRUST, as assets with an initial, individual cost of more than $1,000 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not capitalized. Major outlays for capital assets and improvements are capitalized as they are completed. Capital assets are depreciated using the straight-line method over the following estimated useful lives: Assets Years Improvements other than buildings 10-25 Equipment 5-10 11 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) G. Compensated Absences It is the TRUST's policy to permit employees to accumulate eamed but unused vacation pay benefits. Vacation pay that is expected to be liquidated with expendable available financial resources is reported as an expenditure and a liability. Amounts not expected to be liquidated with expendable available financial resources are reported as a reconciling item between the fund and government -wide presentations. H. Fund Balance/Net Assets In the fund financial statements, the governmental fund reports reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. The description of each reserve indicates the purpose for which each is intended. Designations of fund balance represent tentative management plans that are subject to change. Unreserved, undesignated fund balance is the portion of fund balance available for any lawful use. In the government -wide financial statements, net assets represent the difference between assets and liabilities and are reported in three categories as hereafter described. • Net assets invested in capital assets, net of related debt, represent capital assets, net of accumulated depreciation and any outstanding debt related to those assets. • Net assets are reported as restricted when there are legal limitations imposed on their use by legislation, or external restrictions imposed by other governments, creditors, or grantors. • Unrestricted net assets are net assets that do not meet the definitions of the classifications previously described. When both restricted and unrestricted resources are available for use, it is the TRUSTs policy to use restricted resources first, and then unrestricted resources as they are needed. I. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect the amounts of assets, liabilities, disclosure of contingent liabilities, revenues, and expenditures/expenses reported in the financial statements and accompanying notes. These estimates include assessing the collectibility of receivables and the useful lives of capital assets. Although those estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. The TRUST utilizes the estimates provided by the City of Miami, Florida for the useful lives on all capital assets. 2. DEPOSITS The TRUST's cash and cash equivalent is maintained by the City of Miami through the use of a pooled cash system. The City of Miami maintains a cash management pool for its cash and cash equivalents in which each fund and/or account or sub -account of a fund participates on a dollar equivalent and daily transaction basis. Interest income (which includes unrealized gains and losses) is distributed monthly based on a monthly average balance. The use of zero balance accounts with daily sweeps allows for the City's portfolio to be fully invested at all times. In addition to insurance provided by the Federal Deposit Insurance Corporation, deposits are held in banking institutions approved by the State Treasurer of Florida to hold public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act, the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer or another banking institution eligible collateral. In the event of failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. All of the restricted cash and cash equivalents and $31,992 of the cash and cash equivalents is held by the Dade Community Foundation (Foundation) on the TRUST's behalf. The entire balance of $68,647 is not insured by the Federal Deposit Insurance Corporation and is subject to possible loss in the event of failure of the Foundation or the Foundation's financial institutions. 12 3. RELATED PARTY TRANSACTIONS During the fiscal year ended September 30, 2006, the City transferred $1,354,441 to the TRUST to cover operations. The yearly operating transfers to the TRUST are approved by the City Commission and is the main source of revenues for the TRUST. 4. CAPITAL ASSETS Capital asset activity for the fiscal year ended September 30, 2006 was as follows: Govemmental activities Capital assets being depreciated: Improvements other than building Equipment Total capital assets being depreciated Less accumulated depreciation for: Improvements other than building Equipment Total accumulated depredation Total capital assets being depreciated, net Governmental activities capital assets, net Balance October 1, 2005 28,879 28,879 Additions Deletions $ 34,616 $ 129,934 164.550 (884) (10,760) (17,808) (10,760) (18,692) 18.119 145.858 $ 18,119 $145,858 $ - Depreciation expense was charged to the parks and recreation function/programs of the TRUST. 5. RISK MANAGEMENT Balance September 30, 2006 $ 34,616 158.813 193.429 (884) (28,568) L29,452) 163.977 $163_977 The TRUST is exposed to various risks of Toss related to torts, theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The TRUST, purchases commercial insurance for the risks of loss to which it is exposed. Policy limits and deductibles are reviewed by management and established at amounts to provide reasonable protection from significant financial loss. There were no losses or claims incurred during the current fiscal year. 6. RETIREMENT PLANS Defined Contribution Plan- Full -Time Employees The VIRGNIA KEY BEACH PARK TRUST 401(a) Money Purchase Plan is a defined contribution plan established by the TRUST to provide benefits at retirement for all full-time employees. At September 30, 2006, there were three (3) plan members. The TRUST is required to contribute on behalf of each eligible participant 3% of the participants base salary for the plan year. Participants are permitted to make contributions at variying percentages of their annual base salary. TRUST contributions fully vest after one year of continuos service. Plan provisions and contribution requirements are established and may be amended by the Board of Trustees. The plan assets are administered by ICMA Retirement Corp. Participants are mailed quarterly statements or can obtain daily account balances through the Internet. The TRUST does not exercise any control over the plan assets. Contributions were approximately $2,332 for the year ended September 30, 2006. Defined Contribution Plan- Executive Director The VIRGNIA KEY BEACH PARK TRUST 401(a) Executive Director's Money Purchase Plan is a defined contribution plan established by the TRUST to provide benefits at retirement for the Executive Director. The TRUST is required to contribute 8% for the first two years, 10% for the next three years and 20% thereafter of the base salary for the plan year. The Executive Director is permitted to make contributions at variying percentages of his annual base salary. TRUST contributions are immediately vested. Plan provisions and contribution requirements are established and may be amended by the Board of Trustees. 13 6. RETIREMENT PLANS (continued) Defined Contribution Plan- Executive Director (continuedu The plan assets are administered by ICMA Retirement Corp. Participants are mailed quarterly statements or can obtain daily account balances through the Internet. The TRUST does not exercise any control over the plan assets. Contributions were approximately $8,500 for the year ended September 30, 2006. Deferred Compensation Plan- Executive Director The VIRGNIA KEY BEACH PARK TRUST 457 Executive Directors Deferred Compensation Plan was established by the TRUST to provide benefits at retirement for the Executive Director. The TRUST is required to contribute 8% for the first two years, 10% for the next three years and 20% thereafter of the base salary for the plan year. The Executive Director is permitted to make contributions at variying percentages of his annual base salary. TRUST contributions are immediately vested. Plan provisions and contribution requirements are established and may be amended by the Board of Trustees. The plan assets are administered by ICMA Retirement Corp. Participants are mailed quarterly statements or can obtain daily account balances through the Internet. The TRUST does not exercise any control over the plan assets. Contributions were approximately $8,356 for the year ended September 30, 2006. 7. COMMITMENTS AND CONTINGENCIES A. Operating lease On October 17, 2005, the TRUST executed an operating lease for office modulars located on the TRUST's site. The lease calls for monthly payments of $3,912 for sixty months. Once the lease expires, the TRUST has the option to continue to use the modulars on a month to month lease. If the TRUST does not renew the lease, then the modulars will be returned at a charge to the TRUST of approximately $12,874. 8. Grants Amounts received or receivable from grant agencies are subject to audit and adjustment by grantor agencies. Any disallowed claims, including amounts already collected, may constitute a liability of the TRUST. The amount, if any, of expenditures which may be disallowed by the grantor cannot be determined at this time although the TRUST expects such amounts, if any, to be immaterial. C. Grant proceeds- United States Department of interior Southeast Regional Office On December 23, 2003, the Trust received grant proceeds in the amount of $497,000 from the United State Department of Interior, southeastern regional office. The purpose of the grant was to; 1) Complete the master plan, 2) Design and planning for the museum & cultural center, 3) Construction of the museum & cultural center with any remaining funds. The Grant proceeds, less a 2% administrative fee have been maintained at the Dade Community Foundation and used to pay appropriate expenditures as they arise. During the current fiscal year, $136,238 was used toward the planning and design phase of the museum project, leaving a cash balance of $36,655 at September 30, 2006. 8. PRIOR PERIOD ADJUSTMENTS As part of a comprehensive review of account activity within the TRUST, management has determined that certain prior year transactions be restated in the current year ended September 30, 2006. The following restatements resulted in adjustments to September 30, 2005 fund balance, as follows: Capital Improvement General Fund Balance at September 30, 2005 (as reported) $513,794 $ Adjustments to Fund Balance: To adjust for long term portion of compensated absences 28,866 To adjust for fund balance portion of capital improvement fund (178,218) 178.218 Restated Balance at September 30, 2005 $364 442 $178,218 14 VIRGINIA KEY BEACH PARK TRUST BUDGETARY COMPARISON SCHEDULE- GENERAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 Revenues Transfers in - City of Miami, Florida Other revenues Interest income Total Revenues Expenditures Parks and recreation- Salaries and benefits Parks and recreation- Operating expenditures Parks and recreation- Capital outlay Total Expenditures Excess (Deficiency )of Revenues over Expenditures Before Other Financing Sources Other Financing Sources Carryover fund balance Excess of Revenues over Expenditures Fund Balances, October 1 Fund Balances, September 30 Budgeted Amounts Original Actual Final Amounts Variance with Final Budget - Positive (Negative) $ 1,354,441 $ 1,354,441 $ 1,354,441 $ 100,000 100,000 34,196 (65,804) 13,641 13.641 1,454,441 1,454,441 1,402,278 (52,163) 910,480 832,808 584,544 821,245 898,917 462,330 50,100 50.100 146,210 1,781,825 1,781.825 1,193,084 (327 384) (327,384) 209,194 327,384 327,384 209,194 364,442 364,442 364,442 $ 364,442 $ 364,442 $ 573,636 See notes to budgetary comparison schedule. 248,264 436,587 (96,110.) 588,741 536,578 327 384 863,962 15 VIRGINIA KEY BEACH PARK TRUST NOTES TO BUDGETARY COMPARISON SCHEDULE FISCAL YEAR ENDED SEPTEMBER 30, 2006 A. Budgetary Information The following procedures are used to establish the budgetary data reflected in the financial statements: Annual budgets are adopted on a basis consistent with accounting principles generally accepted in the United States. 1. Prior to August 1 of each year, the Executive Director submits to the Board of Trustees a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and the means of financing such expenditures. 2. Once approved by the Board of Trustees, the operating budget is submitted to the City of Miami for approval by the City Commission. 3. Prior to October 1, the budget is legally enacted through passage of an ordinance by the City Commission. 4. The level of control at which expenditures may not exceed budget is at the fund. level. The Executive Director is authorized to transfer budgeted amounts within the fund with Board of Trustee approval; any revisions that alter the total expenditures of the fund must be approved by the Board of Trustees and the City Commission. Encumbrance accounting is employed in the governmental fund. Encumbrances (e.g., purchase orders, contracts) outstanding at year-end are reported as reservations of fund balances and do not constitute expenditures or liabilities because commitments will be re -appropriated and honored during the subsequent year. The final budget includes budget transfers, which had no material effect on the original adopted budget. There were no supplemental appropriations for the fiscal year ended September 30, 2006. There were no budgetary expenditures in excess of appropriations for the General Fund for the fiscal year ended September 30, 2006. 16 VIRGINIA KEY BEACH PARK TRUST STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - CAPITAL IMPROVEMENT FUND BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 Revenues Other revenues Interest income Total Revenues Expenditures Parks and recreation- Operating expenditures Parks and recreation- Capital outlay Budgeted Amounts Actual Original Final Amounts $ 550,000 $ 550,000 $ 550,000 550,000 256,000 550,000 Total Expenditures 806 000 Deficiency of Revenues over Expenditures Before Other Financing Sources (256,0001 Other Financing Sources Carryover fund balance 256 000 Deficiency of Revenues over Expenditures Fund Balances, October 1 178,218 178,218 178,218 Fund Balances, September 30 $ 178,218 $ 178,218 $ 12,767 Variance with Final Budget - Positive (Negative) 125 $ (549,875) 4,590 4,590 4,715 (545,285) 256,000 151,826 550,000 18 340 806,000 170,166 (256,0001 (165,4511 256,000 - 104,174 531 660 635,834 90,549 256,000 1165,451) 346,549 17 Alberni, Caballero & Castellanos, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS C CONSULTANTS 4649 PONCE DE LEOiN 3LVD. SUITE 404 CORAL Ga3LEs, Pi_ 33 1 45 - 21 1 3 TEL: 305-6 5 2-7272 Pax: 305-532-4265 ACC-C FA.COivl INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Trustees of the VIRGINIA KEY BEACH PARK TRUST Miami, Florida We have audited the basic financial statements of the VIRGINIA KEY BEACH PARK TRUST ("TRUST") as of and for the year ended September 30, 2006, and have issued our report thereon dated December 15, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the TRUST's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employee in the normal course of performing their assigned functions. We noted no matters involving the intemal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether the TRUSTs basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of the Board of Trustees, management, others within the TRUST, and the management of the City of Miami, Florida and is not intended to be and should not be used by anyone other than these specified parties. , it ; vt.0 W4% ti4 L L P December 15, 2006 Coral Gables, Florida El :1 lid n ._ :, 7`7100Z nor() S,aa5eue eiea °R13 genre u �° 18 COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE 2007 ANNUAL REPORT The Coconut Grove Business Improvement Committee was created on July 22nd, 2004 to facilitate an informed transition by a vote of property owners into a Business Improvement District for the commercial core of Coconut Grove. The further purpose, powers, and duties of the Committee are to advise and make recommendations to the City Commission including but not limited to marketing, infrastructure improvements, maintenance, and other projects within the Coconut Grove Village Center. Additional Committee duties include advice and recommendations regarding appropriate expenditures from the Coconut Grove Business District Improvement Trust fund as defined in section 35-221. As well, the Coconut Grove BIC shall make recommendations regarding parking surcharge infrastructure funds, and will review special events applications in the Coconut Grove special events district and approve or reject such applications as set forth in section 54-341. The Committee consists of fifteen voting members. The Chairperson is the City Commissioner for District 2. The remaining fourteen members are appointed by the City Commissioner for District 2. The Executive Director of DOSP and the Executive Director of the BIC also attend meetings. Listed below are some of the accomplishments of the Coconut Grove Business Improvement Committee during 2007: • Commissioner Sarnoff appointed six new members, Love Levy, David Yoblick, Maurice Wiener, Monty Trainer, Ed Prelaz, and George Cozonis. • The BIC met on a monthly basis throughout the year. • The BIC re -hired Executive Director David Collins. • The BIC hired Administrative Assistant Kala Munoz • The BIC hired Phase I National Consultant Dan Biederman, a leading national expert on BID's, to advise the BIC's Business Improvement District formation process. • Due to the success of the 2006 program of placing holiday musicians at predetermined sidewalk and public locations in the Village Center of the Grove, the BIC decided to continue this program into 2007 with 50 additional musical presentations to enliven the commercial core. BIC 2007 Annual Report/P. 2 • The BIC continued to have two standing subcommittees: The Parking and Infrastructure Subcommittee, Chairman Ed Prelaz; and The Special Events and Marketing Subcommittee, Chairman Marshall Steingold. Both subcommittees met on a regular monthly basis throughout 2007. • The BIC approved the 1-14-07 date for the Great Taste of the Grove in Peacock Park, and provided $15,000 in support to help offset City services fees. • The BIC approved the 2-17-07 through 2-19-07 dates for the Coconut Grove Arts Festival on McFarlane and South Bayshore, and provided $20,000 in support to the event to help offset City services fees. • The BIC approved the FICPA 1040 K Run on 4-17-07. • The BIC approved the Lou Gehrig 5K/10K Run on 5-12-07. • The BIC hosted a preliminary report by consultant Dan Biederman for the BIC giving his initial impressions of the Grove, in which he put forth the notion that the Grove needs a fully comprehensive BID. • The Committee implemented a six-month pilot project valet parking initiative for Commodore Plaza for targeted hours and subsidized the parking at a level of $8.00. • The BIC added a Phase III National Consultant to the BID Formation budget at a level of $15,000. The Phase III BID Consultant will walk the process through the actual property owner election campaign process. • The BIC office was moved from Florida Avenue to its new address at 3390 Mary Street, Suite130, Mayfair Center, Coconut Grove, FL 33133. • The Coconut Grove BIC website was completed and brought online as www.coconutgrove.com. • A long-term agreement was signed between the BIC and the Coconut Grove Chamber of Commerce for the use of www.coconutgrove.com for a monthly fee to be paid to the Chamber. • A part-time webmaster was hired to maintain updates on the website and keep it current. Richard Troutner was selected as the part-time webmaster. BIC 2007 Annual Report/P. 3 • A flash -based map application was added to ww.coconutgrove.com to make it easier to locate Grove stores and restaurants on the site. • A three -pronged Summer Media Campaign to advertise Coconut Grove was planned and implemented with the BIC providing $140,000 to the effort. The Committee was joined in this effort by the luxury hotels of Coconut Grove who contributed $70,000 and also by the Greater Miami Convention and Visitor's Bureau who contributed an additional $70,000. The three prongs of the campaign were: a four month gateway Grove billboard at U.S. 1 and 27th Ave.; a targeted radio campaign on top stations in Palm Beach/Boca Raton, as well as stations in Naples and surrounding areas; and a coordinated website campaign with hotels on the home page of www.coconutgrove.com with a related coupon book to bring the visiting hotel guests from the luxury properties into the Grove to shop and dine. • The BIC provided $7,500 to help provide, in part, a major presentation of fireworks in Peacock Park for the Fourth of July celebration. Commissioner Sarnoff's office provided an additional $2,500 to fully make possible the fireworks. Partnering with the Grove Chamber of Commerce and the NET Office, the day featured fun family events including an All -American Hot Dog Eating Contest. The Independence Day celebration was a huge success. • The BIC paid an electrical firm to remove all "dead" strings of holiday lights from years past from some 75 trees in the Grove, in compliance with the requirement of City of Miami Public Works Department. As a result of this BIC initiative, the trees were rendered significantly more safe. • After listing the RFP for the Phase II National BID Consultant nationally for several weeks, the BIC selected Dan Biederman for the Phase II consultancy. • The BIC approved the date of 6-2-07 for the Goombay Festival. • On ongoing basis throughout the year, the BIC proceeded with final punch -list close out of the Blue Signage System in the Grove, working with Image Resources to approach closure and payment of retainage, as well as repairs, of the signage system. • On pilot basis, the BIC worked with an arborist to plant some greenery in Commodore Plaza tree pits. Resident neighbors and students from Arts and Minds volunteered to help plant. The project met with limited success. The pits closest to the busiest bars and restaurants became trampled. The quieter end of the street BIC 2007 Annual Report/P. 4 was more successful. For the future we will need to develop more effective decorative tree pit fencing to protect the plantings. BIC member Gail Baldwin, an architect, designed and had fabricated such a prototype for tree pit fencing comments are being sought for feedback on the design. • The BIC recommended for consideration of the City Attorney the hiring of David Cardwell, Esq. to serve as outside expert counsel to the BID Formation process. Subsequently, City Attorney Jorge Fernandez —after review of several candidates —selected Mr. Cardwell for the role. • On August 29`h, BIC Executive Director David Collins conducted a workshop for the Committee reviewing the materials which were being distributed to property owners about the BID formation process. • On August 30`h, Dan Biederman, our BID consultant, met with four forums in the BIC office to discuss and get feedback about our BID formation process. He met with five property owners of retail space, five property owners of office space, and five general managers of the luxury hotels. The final forum was for residents. The public and press attended each of the forums. • The BIC conducted and completed an evaluation process relative to the Executive Director. The personnel subcommittee drafted and distributed to BIC members an evaluation form. There were six responses: one satisfactory, and five rating his performance as good to outstanding. A one-year term was agreed upon, with a six-month review. • The ad hoc BIC Subcommittee for Budget —consisting of Art Noriega, Lalo Durazo, and Gail Baldwin —prepared and submitted an annual budget for FY '08 to the BIC. With one minor modification, the budget was approved unanimously by the BIC, and subsequently approved by the City Commission. • The Mad Hatter Arts Festival was approved by the BIC for the dates 11/10/07 and 11/11/07; the event was granted $15,000 to help make possible the festival. • The BIC approved the King Mango Strut to take place on 12/30/2007; and further provided the event with a grant of $15,000 to help make the event possible. • The BIC agreed to establish a single -item threshold of a maximum of $3,000 spending authority for the Executive Director of the BIC, in accordance with previously specified and budgeted amounts. BIC 2007 Annual Report/P. 5 • The BIC approved the expenditure of $2,300 to match an equal amount from Image Resources to provide a total of $4,600 to pay for the cost of replacement of one pair of banner poles on Main Highway. • The BIC approved $3,000 to develop and install two prototypes of low -voltage, LED holiday lights and worked in conjunction with the City to develop safe and acceptable standards for holiday lighting in the public right of way. One prototype failed because the lights would not light sufficiently; the other prototype was a success and met with City standards of review. • The BIC approved a six-month pilot project to purchase a cell phone and pay for the use thereof by a City of Miami police officer to carry on every shift around the Grove for the six month period. For non -emergency use, the phone number would be circulated to commercial core merchants and restaurants. • The BIC accepted MPA's recommendation to extend the Valet Parking Program an additional six months through May 2008. • The BIC approved the closure of Grand Ave. on 10/31/07 to make possible the use of a City stage for music presentation on Halloween night. • The BIC approved and implemented the installation of illumination in 58 trees in Coconut Grove with low -voltage, LED lighting for the holidays. The installation was not temporary in nature. Each specific tree was permitted by the City. This project was undertaken in full cooperation with the appropriate offices at the City of Miami and resulted in new standards for the City. No damaging nails or staples were placed in the trees as part of this project. The BIC funded 75% of the project with the initial provision of $75,000. Property owners agreed to match this amount with $25,000 of their money to make the tree lighting possible. Trees were lit prior to December 25, 2007. • The BIC completed a six-month document compiling the Base Level of City Services Provided by the City of Miami Departments of Sanitation, Police, and NET to the Coconut Grove commercial core. This Base Level was agreed to by City Manager Pete Hernandez who concurred that the City of Miami would maintain this level of services to Coconut Grove should the Grove vote for, fund, and implement a business improvement district. • The BIC requested and took part in an historic meeting with the City of Miami on 11/29/07 to discuss the relationship between the BID and the City. The meeting was attended by: District 2 Commissioner Marc Sarnoff, City Manager Pete Hernandez, BID Consultant Dan Biederman, City Chief Financial Officer Larry BIC 2007 Annual ReportiP. 6 • Spring, City Attorney Jorge Fernandez, Art Noriega — Executive Director of MPA, Assistant City Attorney Robin Jones Jackson, Senior District 2 Staff Member Ron Nelson, City Manager's Office Staff Member Basil Binns II, and BIC Executive Director David Collins. At this meeting: 1. The BIC apprised the City on our course of action regarding the BID formation process, giving City leaders the background of meetings conducted and projected for the future. 2. The BIC secured the support of the City administration to continue to provide the several streams of City revenue (including Parking Waiver funds, Parking Surcharge funds, and other funds) which currently go to the BIC so that they can continue to flow to the BID. 3. The BIC secured verbal assurances that the City will continue to provide, or increase support from the General Fund of the City at a minimum level of $200,000 per year, potentially increasing to $350,000 per year. 4. The BIC secured support from the City to maintain current levels of city - provided services to Coconut Grove as described in the Base Level of City Services document generated by the BIC. Consultant Dan Biederman described the eight page base level document as the most thorough effort he had ever seen as part of a BID formation process. 5. The BIC secured the support of the City for the formation strategy being pursued by the Committee to move forward to the successful establishment of a Coconut Grove business improvement district. • On 11/29/07, Consultant Dan Biederman and Executive Director David Collins met with a forum of about 25 merchants to discuss the BID for 90 minutes.. While several merchants expressed reservations, the general consensus was unequivocally that the BID represents the best and brightest possibility for the future of the commercial core of Coconut Grove and that we should proceed with the formation process. • The BIC approved continued funding of a music series of musicians to perform acoustically on the sidewalks of Coconut Grove during the holidays. • Throughout the year, the BIC office staff maintained regular office hours at their ground level office at Mayfair from 9 a.m. to 5 p.m., Monday through Friday. Numerous new articles about the BID and the BID formation process were posted in office windows as a public bulletin service. The BIC office is located at: BIC 2007 Annual Report/P. 7 Coconut Grove Business Improvement Committee (The BIC) Mayfair Center 3390 Mary Street, Suite 130 Coconut Grove, FL 33133 Office: (305) 461-5506 Cell: (305) 878-5328 Fax: (305) 461-5773 Email: coconutgrovebic(bellsouth.net Website: www.coconutgrove.com Executive Director: David Collins Administrative Assistant: Ms. Karla Munoz The Coconut Grove Business Improvement Committee continues to serve the purposes for which it was created. The annual budget for the BIC, as approved by the City Commission on 9/15/06, was $846,024. The Coconut Grove BIC supports special events, markets the Grove, creates a climate for business improvement, enhances the efforts of the City of Miami in the area of parking and infrastructure, and importantly, provides an organizational structure to undertake and implement a BID Formation process. It is the consensus of the Coconut Grove BIC that no other Board is better suited to serve the functions of the Committee. The BIC was specifically set up in order to better serve the Coconut Grove commercial core community. It is making significant progress in that area. For the moment, the Committee's membership requirements are satisfactory and should not be modified. Submitted by: David Collins Executive Director Coconut Grove Business Improvement Committee Mayfair Center 3390 Mary Street, Suite 130 Coconut Grove, FL 33133