Report of the Neighborhoods/Community Affairs Committee Mtg.?~ MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive. Mloml 9eoch, Florido 33 f 39, www.m~om:beachP..gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager g"~
DATE: November 5, 2008 jnJ
SUBJECT: REPORT OF THE NEIGHBORHOODSICOMMUNITY AFFAIRS COMMITTEE
MEETING HELD ON WEDNESDAY, OCTOBER 22, 2008.
A meeting of the Neighborhoods/Community Affairs Committee was held on Wednesday,
October 22, 2008 in the City Manager's Large Conference Room, 4"' Floor, City Hall.
Commissioners in attendance: Mayor Matti Herrera Bower, Vice-Mayor Richard L. Steinberg,
Commissioners Jerry Libbin, Deede Weithorn, Jonah Wolfson and Saul Gross. City staff in
attendance: Jorge M. Gonzalez, City Manager, Hilda M. Fernandez, Assistant City Manager,
Robert C. Middaugh, Assistant City Manager; Jose Smith, City Attorney; Raul Aguila, Deputy
Cfty Attorney; Debora Turner, First Assistant City Attorney; Saul Frances, Parking Department
Director; Kevin Crowder, Economic Development Division Director, Dolores Mejia, Special
Projects Coordinator; Michael Gruen, Miami Beach PD; John Heffernan, Anne Swanson, and
A. C. Weinstein of the Mayor and Commissioner's Office; and Randi MacBride, Code
Compliance Division.
TFiE MEETING WAS OPENED AT 3:55 PM.
1. DISCUSSION ON COMPLAINTS FROM RESIDENTS REGARDING THE TOWING
COMPANIES.
Commissioner Libbin opened the discussion explaining that some of what is included in the
agenda package is not what he requested. He stated that he requested this referral at the
September 2008 commission meeting because he wanted to suggest some mod cation to the
current towing contract. Hemet individually with the two towing companies, their principals and
their lobbyists to suggest certain changes that he felt would be beneficial. His suggestions
included requiring bumper stickers on tow trucks providing a number for the public to call to
report reckless driving. This number should be for an independent company. Additionally,
Commissioner Libbin suggested having a Customer's Bill of Rights document to provide
:_.___:.....1,.,.., .,..tio ~r,mnanv'c nnliries and fees. Commissioner
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Libbin added that the two tow companies both agreed to go one step further an agree o
unhook and release a vehicle, at no charge, if the owner arrives prior to the truck leaving the
scene of the tow. The tow companies are willing to amend their contract now. Commissioner
Libbin added that both companies have agreed to waive storage fees until one hour after
banks open on the next banking business day. Commissioner Libbin stated that these three
items were the items he had wanted to bring up for discussion. He added that since the
contracts are not up for renewal until February 2009. and the companies have all agreed to
these changes now, he would like to have the contracts amended now.
Harold Rosen, representing Beach Towing clarified that he recalls only agreeing to two of the
three suggestions. They did not agree to the waiver of the storage fees.
Agenda Item ~ (., Y~
Date t!-5'og
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Report of the NefghborfioodslCommunity Affairs Committee of October 22. 2008
November 5, 2008
Page 2 of 6
Nelsen Kasdin, representing Tremont Towing stated that they had agreed to all three
suggestions.
Robert Middaugh, Assistant City Manager, added that since the referral was made several
things have transpired. There was a Transportation and Parking Committee (TPC)
conversation and a mailer was sent out by the Communication Workers of America (CWA)
relative to the contract at Parking that made a lot of allegations about towing and incensed a lot
of people. As a result, staff included the regulatory information that is in the agenda package.
Mr. Middaugh added that the contract is going to expire in February and the question is what
direction the commission wants to take in either negotiating other terms or other regulations.
He noted that the city's current code has a requirement that specifies that in order to do
business on the City of Miami Beach, you must have a tow storage yard with a 100 car
capacity, and that may be problematic for Tremont going forward. The question that must be
dealt with is whetherto have a single company, which would be Beach Towing which is eligible
under the current code. or change the regulations.
Commissioner Libbin stated that both companies currently have the necessary storage
capability. Commissioner Gross stated that Tremont is talking about selling their land for a
garage. Commissioner Libbin suggested that someone from Tremont explain.
Commissioner Tobin asked Mr. Middaugh if this item was put on to discuss because it is
anticipated that Tremont is going to close and sell their property. Mr. Middaugh answered that
Commissioner Libbin asked to have the item referred. Commissioner Libbin stated that it was
to discuss the three suggestions he made earlier. Commissioner Gross stated that we need to
figure out what to dorf the deal goes forward, as both the Finance Committee and the
Commission have approved moving forward with the garage. This would mean that Tremont's
land in Sunset Harbor will disappear. Mc Middaugh asked for direction from tye cpqurlitt~(
Commissioner Wolfson stated his concern with this aspect of the issu of towing being
discussed because he thought this meeting was to address citizen complain regarding towing
companies. Commissioner Gross raised the issue to Commissioner obin that he has
previously recused himself on certain issues because he represents T nt. Commissioner
Tobin stated that he represents a land owner that is selling land to the city to do a development
and he has never represented the tow companies. Commissioner Gross stated that the
outcome of whether the deal goes through or not might affect what the committee does.
Raul Aguila, Deputy City Attorney, added that while both tow companies have agreed to certain
of Commissioner Libbin's conditions. the towing rules and regulations are also governed by
County and State code, so to the extent that the current operators have agreed to waive those
requirement, two of those requirements (release of a tow and storage), are prescribed under
the State and County code. So to the extent that these particular permittees have agreed to
waive these requirements it is okay; however, it is voluntary. Commissioner Libbin added that
city has to concurrently agree to waive such charges when releasing a vehicle from a tow.
Harold Rosen added that Beach Towing has agreed- to all three sr~ggeslions rtrade b
Commissioner Libbin. " ~
Mayor Bower stated that the reside is think that Tremont is moving away from the area sow s
thinks it behooves do. -~'~, f
Aguila
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Report of the NeighborhooQSlCommuniry Affairs Committee Of Octobe 2. 2008 1 ~h
November 5. 2008 « ~~ `/ ~~ ~
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site. However, that does not preclude them from forseeably obtaining mother site in the area
and operating from there. Commissioner Gross stated that';it was represented by Scott
Robbins that they are not going to operate in that neighborhood Commissioner Gross stated
that the residents in the neighborhood deserve to know if Tremont plans on continuing to
operate in the neighborhood, or whether the city should amend the ordinance to allow tow ~~
companies to satisfy the requirement by having a lot across the bay as Tong as they can deliver
the cars within a certain period of time. This is what he thought was going to be discussed at ~
today's meeting.
Commissioner Wolfson stated that it is his understanding that there is a confidential agreement
between Tremont, the owner of the property and the developer, Scott Robbins. He asked who
represents Scott Robbins. Commissioner Tobin answered that his law firm does. Vice-Mayor
Wolfson expressed his concern that there ma~~e a conflict Commissioner Tobin stated he
did not believe that it is a conflict. ~J
Raul Aguila added that he believes that .ommissioner Gross was referring to when the item on
Sunset Harbor initially came up; Comm^ss^o} a artobi ~ielat all in the discu s onf nvolov ng t at
sling with the business negouanons oetwoc~ ~ ~~ ~~ ~w ~• ~- •• •- -
ent, the committee is now talking about the deal between the developer for
the tow truck company, on a document that he has never seen. He added
dle or negotiate the deal, but forwhat the committee is there to decide which
ner Gross stated, whether there may be time to amend the tow ordinance so
cars towed to other places other than Miami Beach. He added further that he
~.,e~ ,.,the transaction two steps ago, but he doesn't know that it has anything
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to do with the current discussion.
Vice-Mayor Steinberg stated that if Tremont is still going to be in business, then there is not a
scenario of a monopoly that needs to be worried about. Commissioner Gross asked how, if
Tremont sells their land, they can be in business. Commissioner Steinberg stated that there
have been rumors that there is other land that they have or may acquire. Mayor Bower
explained that she wants this project to happen. However, she is concerned that people in the
area are behind this project because they think that Tremont will be leaving the area and it will
be less congested and they want the parking. Now, based on what she is hearing. she does
not want to sell this project in a way that people think that Tremont is out, and then find ways
for Tremont to stay. She wants to be up front with the people in the neighborhood.
Report of the Neighborhoods/Community Affairs Committee of October 22, 2008
November 5, 2008
Page 4 of 6
Mr. Middaugh stated that even if the deal does not go through and things stay exactly the way
they are, when the contract comes back to the commission they will be faced with the 517 bid
waiver vote because, historically, it is limited to only the two companies here that qualify right
now. This is a policy consideration added to the current discussion.
Commissioner Gross stated that he has three concems: whether Tremont is going to continue
to operate in Sunset Harbor; what other arrangements are we: as a city, going to make if the
contract expires and there is only one company that can satisfy the 100 car requirement on
site; and do we want to contemplate companies being able to put the cars on the other side of
the bay as long as the company can deliver the car within a certain amount of time.
.r.` .,
Jorge M. Gonzalez, City Manager reflected on one conversation he had wRh Mr. Robbins 'ti '~
where one of the things discussed was a potential solution, an idea where nothing was agreed)
upon. The idea that Mr. Gonzalez had broached with the principals of Tremont was if the city
could come up with a different governing structure for towing where it is no longer required to
have storage on-site on Miami Beach but, instead, have an alternative site that is more Tike a
store front and the requirement would be that if a car were towed, the obligation of the towing
company would be to deliver the car back to the person whose car was towed within a
reasonable amount of time (to be discussed). He added that there was nofollow-up; however,
this conversation did happen. A lengthy discussion ensued regarding how this might work.
Mr. Gonzalez stated that when working through this deal with the Robbins Company, one of the
concerns that arose from the beginning was that the consequence of building this garage was
that the Tremont site would no longer be available for storage. He added that he believes that
everyone agrees that one company alone cannot satisfy the needs for towing in this
community. He stated that he believes that the reason the criteria for towing today exists is for
the convenience of the person who was towed. If we can achieve similar conveniences in
different ways then we may want to consider them from a policy perspective. Otherwise, it is
going to be very unlikely that any tow company is going to come in and buy the land to store
100 vehicles in some pretty defined areas.
After some discussion, Commissioner Gross stated that he needs to know more at the time he
votes for this deal. He wants to know what towing facilities will be in Sunset Harbor after the
deal closes and if they are not going to be there, where else will they be.
Commissioner Libbin suggested giving direction to the manager to meet with both companies
to find out what are the possibilities of staying or going. Mr. Gonzalez added to be mindful that
the agreement, whatever form it takes with Scott Robbins, has no bearing and no binding
requirement on them.
Commissioner Libbin made fhe motion directing the City Manager to meet with the two towing
companies and report back to the November 5, 2008 Commission meeting any and all options
they have, including staying or going, off-site storage, etc., and to amend the existing contract
to include the three suggestions discussed earlier that have been agreed to by both
companies. Vice-Mayor Wolfson seconded.
ACTION: The committee moved to direct the City Manager to meet with the two towing
companies and report back to the November 5, 2008 Commission meeting any and all options
they have including staying or going, off-site storage, etc., and to amend the existing contract to
include:
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