NCAC Agenda 1 27 17t\4 IAAfiIBEACH
OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM
To: Neighborhood/Community Affairs Committee
Commissioner Micky Steinberg, Chair
Commissioner Michael Grieco, Vice-Chair
Comm issioner Kristen Rosen-Gon zalez, Member
Commissioner John Elizabeth Alem6n, Alterqpte
FRoM: Jimmy L. Morales, City Manager 1/ L/t/- I
DATE: January 27,201? / /
SUBJECT: MEETING OF THE NEIGHBORHOOD/COMMUNITYAFFAIRS COMMITTEE (NCAC) ON
FRIDAY, JANUARY 27, 2017
A meeting of the Neighborhood/Community Affairs Committee has been scheduled for Friday,
January 27,2017 at 1:00 pm in the Commission Chambers, 3'd Floor of City Hall.
The agenda for the meeting is as follows:
OtD BUS'A'ESS
Discussion Regarding The Possible Addition Of A Skate Park ln North Shore Open
Space Park
Commission ltem R9E, January 13,2016
(Sponsored by Commissioner Arriola)
Jeff Oris, Economic Development Division Director
Traffic Management Alternatives Discussed At The February 24,2016 Gommission
Workshop On Traffic Management - Revisit On Prairie Avenue To Allow Right Turns
To Travel Eastbound
Commission ltem C4l, March 9,2016
(Transportation)
Jose Gonzalez, Transportation Director
Discussion Regarding Potentially Renaming Of North Shore Open Space Park
Commission ltem C4B, July 13,2016
(Sponsored by Commissioner Alem6n)
John Rebar, Parks and Recreation Director
Discussion Regarding The Temporary Relocation Of Maurice Gibb Playground
Commission ltem R9F, July 13,2016
(Sponsored by Commissioner Rosen Gonzalez)
John Rebar, Parks and Recreation Director
Status: ltem deferred to February 17,2017 meeting, pending charrette.
W'ecrecommiffedioprcv,dingexcellentpubhcseuiceandsofet,,tooll wholive work,ondployincurvtbronl trcpical,hisloriccommunuyr
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1.
2.
3.
4.
NCAC #1
5. Discussion On The Status And Possible Expansion Of The Big Belly Pilot Program
Commission ltem C4H, September 14,2016
(Sponsored by Commissioner Rosen Gonzalez)
Jay Fink, Assistant Public Works Director
6. Discussion Regarding The City's Use Of Host Compliance Services
Commission ltem C4H, October 19, 2016
(Sponsored by Commissioner Rosen Gonzalez)
Sarah Saunders, Code Compliance Manager
7. Discussion Regarding Painted Bike Lanes
Commission ltem C4l, October 19,2016
(Sponsored by Commissioner Rosen Gonzalez)
Jose Gonzalez, Transportation Director
8. Discussion And Presentation On Making Miami Beach A "City Of Kindness"
Commission ltem R9D, October 19, 2016
(Sponsored by Commissioner Steinberg)
Tonya Daniels, Director of Communications
9. Discuss The Placement Of Farah Service Eue Sports Equipment At Different
Locations Throughout The City
Commission ltem C4A, November 9, 2016
(Sponsored by Commissioner Arriola)
John Rebar, Parks and Recreation Director
MONTHLY CRIME UPDATE
10. Monthly Crime Update
Commission ltem R9D, April 13,2011
(Sponsored by Commissioner Grieco)
Samir Guerrero, Police Major
,VEI4IBUS"VESS
11. Discussion About Adding A Crosswalk To The 900 Block Of Normandy Drive
Commission ltem R9X, November 9, 2016
(Sponsored by Commissioner Steinberg)
Jose Gonzalez, Transportation Director
12. Discussion On Adding llluminated Crosswalks Or Rapid Rectangular Flashing
Beacons On West Avenue
Commission ltem C4F, December 14,2016
(Sponsored by Commission Arriola)
Jose Gonzalez, Transportation Director
NCAC #2
13. Discussion Regarding PotentialTraffic Calming lmprovements !n The Nautilus
Neighborhood
Commission ltem C4N, December 14,2016
(Transportation)
Jose Gonzalez, Transportation Director
Status: ltem deferred to February 17,2017 meeting.
f 4. Discussion To Consider Expanding The Miami-Dade County Human Trafficking
Signage Ordinance And Requiring That A Sign Be Displayed Throughout All
Establishments ln Miami Beach
Commission ltem C4O, December 14, 3016
(Sponsored by Commissioner Alemdn)
Aleksandr Boksner, Deputy City Attorney
15. Discussion Regarding Bump-outs On 40th Street
Commission ltem C4P, December 14, 2016
(Sponsored by Commissioner Rosen Gonzalez)
Jose Gonzalez, Transportation Director
16. Discussion Regarding Traffic Calming Per The Request Of The Sunset lsland I and
ll Homeowners
Commission ltem C4Q, December 14, 2016
(Sponsored by Commissioner Steinberg )
Jose Gonzalez, Transportation Director
17. Discussion Regarding Funding For A Permanent Park Ranger Detail At The North
Shore Community Youth Center Recreational Area
Commission ltem C4T, December 14. 2016
(Sponsored by Commissioner AlemSn)
John Rebar, Parks and Recreation Director
18. Discussion Regarding The Concession Agreements For Motorized And Non-
Motorized Vessels At The Barry Kutun Boat Ramp Located At Maurice Gibb
Memorial Park
Commission ltems C7D,C7E,C7F,CTH, R7L, and R7M, December 14,2016
(Parks and Recreation)
John Rebar, Parks and Recreation Director
19. Discussion Regarding A Possible Plaque At The Normandy Pool Commemorating
The Contributions Of The Late Warren Green, Longtime Pool Manager Who Passed
Last Year
Commission ltem R9G, December 14, 2016
(Sponsored by Commissioner Grieco)
John Rebar, Parks and Recreation Director
NCAC #3
20. Discussion Regarding A1o/o Homeless And Domestic Abuse Tax To Be Collected
On All Food And Beverage Sales For Consumption On Premises ln Miami Beach,
Except For Hotels And Motels
Commission ltem R9K, December 14, 2016
(Sponsored by Commissioner Rosen Gonzalez)
Maria Ruiz, Director of Housing and Community Services
21. Discussion And Update Relating To Traffic Calming Solutions At24th Street And
Gollins Avenue
Commission ltem RgM, December 14,2016
(Sponsored by Commissioner Steinberg)
Jose Gonzalez, Transportation Director
22. Discussion Regarding The Site Plan For North Shore Open Space Park
Commission ltem C4A, January 11,2017
(Capital lmprovement Prolects)
David Martinez, Capital lmprovement Projects Director
23. Discussion On Offering Miami Beach As A Pilot Gity For Uber Self-Driving Gars
Commission ltem C4B, January 11,2017
(Sponsored by Commissioner Rosen Gonzalez)
Jose Gonzalez, Transportation Director
Status: ltem deferred to February 17,2017 meeting, pending research.
24. Discussion Regarding Potential Uses Of A Rotunda ln Collins Park
Commission ltem C7Q, January 11,2017
(Tourism, Culture, and Economic Development)
Eva Silverstein, Tourism, Culture, and Economic Development Director
Status: ltem deferred to February 17,2017 meeting, pending budget analysis.
25. Discussion Regarding Lowering Speed Limits And/Or Traffic Calming !n Residential
Neighborhoods
Commission ltem R9F, January 11,2017
(Sponsored by Commissioner Grieco)
Jose Gonzalez, Transportation Director
26. Discussion Regarding The Creation Of Legacy Business Registry And Other
Possible Programs Designed To Support And Protect Small Businesses
Commission ltem R9K, January 11,2017
(Sponsored by Commissioner Grieco)
Jeff Oris, Economic Development Division Director
27. Discussion On The Creation Of A Miami Beach Hall Of Fame And Establishing
Criteria Placement And Selection Process
Commission ltem R9R, January 11,2017
(Sponsored by Commissioner Steinberg)
Eva Silverstein, Tourism, Culture, and Economic Development Director
Status: ltem deferred to February 17,2017 meeting, pending research on criteria.
NCAC #4
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH
SHORE OPEN SPACE PARK
Commission ltem R9E, January 13,2016
(Sponsored by Commissioner Arriola)
Jeff Oris, Economic Development Division Director
lreu # 1
NCAC #5
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO: Chair and Members of the
Committee
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJECT:Discussion Regarding the
Shore Open Space Park
ble Addition of a Skate Park ln North
The purpose of this memorandum is to update the Committee as to staff's efforts
regarding the potential placement of a skate park in North Beach and the Committee's
request for staff to provide information regarding additional activities the City may be
looking to locate in North Beach.
BACKGROUND:
For several years, the City has had within its work plan to site and construct a skate park
within the municipal limits. Multiple sites have been explored throughout the City with
each location posing challenges. These challenges include resident objections to the
use close to their homes that the City has been unable to mitigate to date. Nonetheless,
the City has continued to pursue a site for such a park due to the demand from the local
skating community and local residents who would like to have a place for skaters to
enjoy their sport.
ln the Spring of 2015, Velosolutions USA, a locally-based company, made presentations
to the Parks and Recreation Board and the Mayor's Blue Ribbon Panel on North Beach
regarding a mixed use, all-wheels, pump track concept. This concept varies from a
traditional skate park in that it is more of a contoured and graded track suitable for
skateboards, rollerblades, bicycles and the like, and it is more suited to use by persons
of all ages and skill levels. A traditional skate park, while useable by rollerbladers and
certain bicyclists, is more for skateboard riding and would include steeper ramps and
other elements on which to launch into various "tricks".
During the last year or so, the North Beach community has become more accepting of
the location of a skate park or all wheels track within this area of the City, and the
members of the Neighborhood/Community Affairs Committee (NCAC) asked for staff to
seek potential locations in North Beach for the siting of one or both of these types of
facilities. Several locations were presented to the NCAC at their April 15, 2016 meeting.
The NCAC asked for three staff recommended sites; the 72nd Street (P92) Parking lot,
the West Lots (those lots on the west side of Collins Avenue between 79th Street and
87th Street), and the south end of North Shore Open Space Park to be brought to a
NCAC #6
public workshop in North Beach for the purposes of gathering the input of the public. ln
addition, the NCAC also requested that input be obtained from the Parks and Recreation
Facilities Advisory Board and the Mayor's North Beach Master Plan Steering Committee.
At the aforementioned public input meeting, held on May 25, 2010, the public in
attendance suggested the location at the North Shore Open Space Park as their desired
site. lt was clear that the public actually favored the 72nd street lots location, but
indicated preference for the park location due to an anticipated time lag on constructing
a park on the parking lot. The Parks and Recreation Facilities Advisory Board also
recommended the North Shore Open Space Park location at their May 2016 meeting.
The North Beach Master Plan Steering Committee requested conceptual drawings of
each of the three sites before committing to support a particular location. Unfortunately,
the Committee was sunset before the drawings could be reviewed and thus it made no
recommendation.
The NCAC, at the October 21, 2016, was presented with conceptual drawings of a skate
park in the three locations under consideration. After a short discussion, it was clear the
Committee unanimously favored the 72nd street parking lot with an understanding that
the placement of a skate park at this location will cause a loss of parking spaces in the
existing lot. The NCAC requested that staff return to the November meeting with more
information regarding the loss of parking if a skate park is located at the site, the
potential for reconfiguring the parking lot with a parking structure, the inclusion of
greenspace on this block, and the inclusion of other amenities as outlined in the recently
adopted North Beach Master Plan.
During the December 9, 2016 NCAC meeting, the committee members requested
additional information to determine if the activities and rudimentary site plan presented
by staff at the meeting consisted of "the right pieces in the right configuration" for the
site. ln response, staff has researched other area needs which are outlined later in this
memorandum. At the December meeting, the members also asked for the input of the
Finance and Citywide Project Committee. lt was found that this item was not dual
referred to both committees and thus a referral of this item is being placed on the
February 8,2017 Commission agenda.
It is also suggested of the Committee that the item's title be changed before the NCAC.
This item started as placement of a skate park in North Shore Open Space, however,
the Committee has taken that site out of the running and has settled on the 72nd street
lot and the issues related to placing at this site. ln order to have a more descriptive title
that will aid the public in understanding the scope of the item, the Committee may wish
to consider a title change.
A SKATE PARK AT THE 72ND STREET (P92) PARKING LOT
This 72nd Street Parking lot, also known as lot P92, is an entire block bounded by 72nd
Street on the South, 73'd Street on the North, Collins Avenue on the East and Hirding
Avenue on the West. The lot contains 320 parking spaces and it serves the general
commercial uses to the south and north of the lot, as well as providing parking for the
North Shore Park and Youth Center, the beach, and for events at the North Beach
Bandshell. Given the uses the lot serves, it sees peak usage on the weekends, when
beach use is highest, and during special events at the bandshell and at the North Shore
Park and Youth Center that draw larger crowds for several hours at a time.
NCAC #7
An all-wheels skate park placed at this site would be maximized at about 28,000 square
feet in area. The park could be as small as 9,000 square feet, but it has been evaluated
at the maximum size thus far. ln an effort to provide conformity with the North Beach
Master Plan (issues related to the North Beach Master Plan will be explored later in this
memorandum) and to minimize neighborhood impact, it would be suggested that the
skate park be placed on the northern side of the block that is now the 72nd Street lot.
This will move the activity as far away from the heavy activity on Collins Avenue and
from Burleigh House residential tower while still placing the activity near the North Shore
Youth Center. This location also allows for a more direct connection of the skate park to
the Beachwalk at Ocean Terrace and 73'd Street. Connection to the Beachwalk was a
high priority for those that attended the May 25th public input meeting. Additionally, this
location will allow for the future development of a parking structure more to the southern
(72nd Street) side of the block as contemplated in the ruortn Beach Master Plan.
lf the City were to maximize the size of the skate park and provide the largest
contemplated footprint of 28,000 square feet, the park would occupy the area of
approximately 100 parking spaces in the existing lot. With this assumption, the staff
contacted Walker Parking Consultants, who had prepared a 2014 parking analysis of
North Beach, and asked for a basic assessment of what the loss of these spaces would
mean to the parking occupancy levels of the lot. The resulting analysis can be found in
Table 1.
The calculations in Table 1 do not include additional parking that would be needed for
visitors to the skate park. While many users of the park will ride skateboards to the
location, the park could be a draw from a larger area and thus attract users that will
arrive by automobile. Staff is working with Walker Parking Consultants to ascertain
parking needs for the park, however, additional research is required to make a more
direct correlation of parking demand from such a use due to varying types of skate parks
and the limited number of such public parks locally, in the state, and across the Nation.
TABLE 1 - Parking Occupancy lmpact
Ohserrcd Conditiorc
Sat
BlocVlot lnventory Noon 4:ffiPM 9:O PM
L3lP92 30s 156 304 7U
Occuponcy 5716 lM 6n6
Potential Conditiom
Sat
Block/l-ot tnventory Nmn 4:6PM 9:(D PM
LilPg2 20s 1s6 3O4 2U
Ocanponcy 7696 7ffi lM
*plus added demand of skate park
Weekday
1t0AM 2:fl)PM 7:(BPM
76
2596
81
2796
1(B
#96
Weekday
ll:ffiAM 2:ffiPM 7:@PM
76
37i6
81
4n6
109
s?t
Table 1 (Observed Conditions) shows that without factoring in the additional parking
NCAC #8
needs of the skate park, the lot experiences full occupancy only in the late afternoon on
Saturdays with the remainder of the Saturday and weekdays showing significant
vacancy throughout the day. When the loss of 100 spaces (Potential Conditions) is
considered, it shows that weekday parking needs could be accommodated, but Saturday
usage would become even more deficient. Again, this analysis does not address the
additional need for parking due to the skate park though lt is unlikely that the additional
need would put occupancy over capacity during weekday periods, but it would place
even more burden on the Saturday parking need.
Additional parking needs that may come from expected development in the area,
coupled with even somewhat successful North Beach revitalization efforts, would then
mean that this lot would start to see additional demand pushing occupancy levels even
higher.
Given this, unless the City wishes to minimize the footprint of the skate park (it can be as
small as 9,000 square feet) it would be best to look at the vision for the block
contemplated in the North Beach Master Plan for the entire block.
RECOMMENDATIONS IN THE NORTH BEACH MASTER PLAN
The adopted North Beach Master Plan focuses on the future potential of the 72nd Street
Parking lot (P-92) as anchor of greenspace/civic use. lt was, however, immediately
recognized during the planning process that the lot serves the parking needs of the
events at the North Beach Bandshell, North Shore Park and Youth Center, and visitors
to the beach and thus the greenspace/civic uses would need to be accomplished without
the loss of the 320 parking spaces the lot provides. These spaces serve the area for
major events at the Bandshell, North Shore Youth Center and Park, and the beach and
have the potential to serve the Town Center area. lt is for these reasons the Master Plan
describes and includes several illustrations that show a progression of the parking from
its current state to a valet lot that is significantly smaller in footprint than the current lot
but with no loss of spaces, to ultimately a full parking structure (see lllustration 1). The
illustrations show parking to be in the southwestern portion of the lot specifically so that it
can continue to serve the aforementioned facilities, but so that it can also have some
orientation and be suitable for future uses in the Town Center area as it would be
located only one block from the area.
ln addition to the above, residents in our public input meetings often expressed a desire
for the City to keep this lot in civic use and to maintain greenspace so that it was clear
that the land from the "ocean to the bay" was public domain. The illustrations also show
how the lot was further designed to keep open space across the northern half of the
block with an active skate park and open fields/lawns to maximize activities.
The lot's design in the Master Plan also addresses another lingering issue in the area;
The curve in Collins Avenue, the open space due to Bandshell Park, and the
greenspace at the eastern edge of the 72nd Street parking lot act as a barrier to
pedestrians continuing to walk northward to the commercial area north of 73'd Street on
Collins Avenue. The visual barrier these components present makes pedestrians feel as
if they have come to the end of the commercial district and thus, they do not continue to
walk towards those businesses north of 73'd Street that are not visible to them. Two
smaller buildings are shown in the illustration as a way to assure pedestrians that the
commercial district continues. The buildings are described as potentially caf6s with
outdoor seating areas or other more public types of uses such as a library or community
center (see Map 1).
NCAC #9
Other City requirements and desires were also outlined in the Master Plan for any
parking structure placed at the site. These included the need for retail, commercial,
office space on the ground floor and the potential to include residential units as part of
the project or to ensure the structure was designed for easy conversion to residential if
there is not sufficient need for parking in the future to warrant the structure's continuation
as a parking garage. While not specifically mentioned in the Master Plan, the ground
floor of a parking structure, due to its limited commercial potential and proximity to the
North Shore Youth Center, could be an ideal location for a teen center or for the
relocation of the library. lt would also be appropriate to consider including a skywalk or
other direct connection above the roadway from the parking structure to the Youth
Center to increase safety for those traversing Abbott Avenue. This connection could also
encourage more parking in the garage, thereby alleviating parking pressure on the
parking lot at North Shore Park.
ADDRESSING PARKING NEEDS
The illustration from the North Beach Master Plan shows a parking structure at the
southwestern portion of the block. lt further shows the structure occupying about two-
thirds of the western half of the block. The City Code currently allows a majority parking
structure on the site to be up to 87 feet in height. However, only the lower 50 feet of this
could be used for parking while upper floors could be used for other residential or
commercial uses, but are probably not that desirable at this site. At a 50 foot height limit,
the structure would be limited to four stories: ground floor retail/civic uses with some
parking and three floors of parking. The structure was shown with this configuration so
that it could serve all of the needs of the area and allow for a pedestrian extension of
Harding Avenue from the south through the new park. This would provide an inviting
view to drivers as well as allowing the road to terminate in a greenspace rather than with
the side of a parking structure.
Following what is allowed in the City code, a structure configured as illustrated would
provide approximately 270 spaces with 45,000 square feet of useable space for location
of a civic center, teen center, retail space, or for relocation of the public library. An
additional story could be added to the structure with a waiver by the City Commission,
yielding 44 more spaces for a total of 360. The waiver could be appropriate as it may
only be for about 5-10 feet to account for higher ceiling height on the ground floor that
would be appropriate for retail and to address future sea level rise. Additionally, several
more spaces could be made available if the entire ground floor were not dedicated to
civic or retail space. The number of additional spaces at the ground floor would depend
on the space needed for access to them and the amount of space made available.
This scenario gains approximately 40 spaces as compared to the current lot capacity,
but it does not account for the approximately 150 spaces that would be required if the
entire ground floor of the structure were to remain non-parking space (based on a retail
use at 1 space per 300 square feet), thereby continuing to leave the area in a parking
deficit compared to what exists today. lt would not be required that the entire ground
floor be used for non-parking uses and some parking could be located on the first level
thus increasing the amount of parking and decreasing the amount required for the new
uses in the structure. Additional parking would also be required to serve the skate park,
though as mentioned, we do not yet have the information to determine the number
required. lt should be noted that the City Commission has the right to waive or reduce
certain parking requirements, which would be appropriate if more civic uses such as a
library or teen center were to utilize the space.
NCAC #10
To satisfy overall area demand and increase the amount of parking available for the
Town Center area's future revitalization, the parking garage could also vary from the
Master Plan to occupy more of the southern half of the lot (see Map 2). While this may
spoil the more pedestrian-friendly design, the potential to combine what is shown as a
parking garage and a building for retail or civic use in the Master Plan and provide for a
larger garage with ground floor civic and retail uses may also be appropriate. The
southern half of the block can easily provide for a structure footprint that, with waiver for
an additional floor, could provide closer to 500 spaces. lf a structure were designed that
utilized two-thirds of the southern half of the lot (approximately 59,000 square feet) and
utilized the assumptions from the previous example of Commission waivers for an
additional floor, this five-story garage would yield a minimum of 472 spaces if the entire
ground floor were dedicated to non-parking uses. These ground floor uses would also
generate a demand for an additional 196 spaces if the retail parking requirements are
utilized. lt would be more likely that some ground floor spaces would be more
appropriate than 59,000 square foot of non-parking uses in this location, which would
increase the number of spaces and decrease the additional demand due to the non-
parking uses.
There is significant space on the southern half of the block that can be used as
described above, or another configuration could be designed that would change all of
the elements around on the lot to provide for a more efficient use of the lot overall while
maintaining parking, the skate park, appropriate civic uses and any other desired uses.
PARKING STRUCTURE COSTS
Basic cost estimates for building a parking structure can be determined by using the
City's current parking space cost factor of $30,000 per space for construction of parking
structures + 30% of this cost added on for soft costs (design and other). Table 2 shows
costs of the examples given and two sizes between the examples. lt should be noted
that these are just estimates and there will probably be additional costs based on the
type of ground floor uses (Table 2 assumes no ground floor parking).
TABLE 2 - Estimated Parking Structure Gosts
So. Ft Area # of Spaces Cost
45.000 360 $14,400.000
50,000 400 $16,000,000
55.000 440 $17.600.000
59,000 472 $18.880.000
It is estimated that there is $2.8 million available in North Beach lmpact Fees/Fees in
lieu of Parking which can be used to increase parking availability in the North Beach
area. The Commission could chose to develop the program for the lot today, but
implement it over time, thus allowing time to develop the funding for the garage.
OTHER CONSIDERATIONS
The City's Parks and Recreational Facilities Advisory Board adopted the following
motion at their November 2,2016 meeting:
The Parks and Recreational Facilities Advisory Board has for the past year been
discussing various recreational facilities and locations. After giving a lot of
NCAC #11
consideration and reviewing the North Beach Master Plan, it seems most efficient
to the board to consolidate the following four (4) sports activities into the
conceptual design of the 72nd Street Lot in order to create a recreational sports
corridor: a competitive pool, batting cages, skate park and regulation size soccer
field. Parking and the appropriate life safety considerations for crossing Harding
Avenue should also be considered in the plan.
The uses contemplated on the site by this motion will have implications on the need for
additional new parking. Additionally, the North Beach Master Plan contemplated the
siting of a skate park at this site under all three scenarios illustrated for this site. One of
the scenarios presented also showed the potential for an open multi-use, however, this
scenario did not include any parking on the block at all. Thus, the siting of more
recreational uses at this site would be incompatible with the master plan.
Staff has reviewed the needs/wants of other departments and the public and has created
Table 3 which shows potential uses that might be placed at this site and the area, in
square feet, that they might require. Both the library and skate park could be designed to
occupy a smaller area while all of the uses could be designed to take up more area.
TABLE 3 - Potential Uses and Recommended Area
Use Area Needed
Library"5,500 sq. ft.
Skate Park 28.000 so. ft.
Teen Center*8.600 sq. ft.
Battino Caqes (2 Caoes (@ 65'x 15'each)1,950 sq. ft.
Requlation Soccer Field 64,800 sq. ft.
Multi-ouroose Field 79.550 so. ft.
Parking Structure 45,000 sq.ft.
to
60.000 so. ft.
Parks and Recreation Offices*< 3.000 sq. ft.
Code Compliance Area Office*900 sq. ft.
Social Services lntake Facilitv*500 so. ft.
"Uses noted could be located either on the ground floor of a parking structure or
in a civic building
It is important to note that the square footage provided in the above table is for the use
itself and does not include buffers or separation areas, nor does it include space for
spectators. This additional square footage need will depend on configuration, available
space, and other factors.
The master plan did not contemplate batting cages, a soccer field or a large multi-
purpose field to be located on this site. The plan did however, suggest a skate park and
parking structure (with a teen center or library as the ground floor use), along with kiosks
and a civic building along the eastern side of the lot for the purpose of maintaining
continuous visible use and activity along the Collins Avenue Corridor. Sizes for the
kiosks and civic building are not shown in the table as they can be quite flexible and rely
more on design and location to perform their function.
A number of the uses indicated in the table (those marked with "*") are suited for the
ground floor or for a civic building and may not impact the placement of other uses but
NCAC #12
may compete with one another for available building space.
This list is not an endorsement of any of the uses, but merely a list of facilities that are
continuously requested or for which the City has been seeking a location.
UTILITIES
Since the December 9, 2016 NCAC meeting, staffs continuing investigation has
uncovered another significant issue that must be addressed. There are substantial
utilities both below ground and above ground at this site (see attached map). Significant
stormwater, water, and sewer systems are present and most would require relocation to
construct the parking structure. Additionally, a significant electrical transmission line
crosses a portion of the property
Engineering was consulted on this matter and it was indicated that the utilities are aged
and are most likely in need of replacement at this time though they are not currently
scheduled for replacement. The utilities do present a significant funding/timing obstacle
to any other project on the site however, without a defined development plan or
understanding of the area utility needs, the scope or cost of the obstacle cannot be
determined at this time.
lf the Committee would like to move forward with investigating the location of a skate
park at the 72nd Street lot, several things would need to be decided:
NEXT STEPS
lf the Committee would like to move forward with investigating the creation and funding
of a skate park, construction of a parking garage, and construction of other public
amenities at the 72nd Street lot, several things would need to be decided:
o How large should the skate park be?. How much parking needs to be located on the site?. lf a parking structure is desired, how large should it be?. What ground floor uses should be accommodated if a parking structure is to be
built?. What activities the City should look at placing on this site?. ls it desired to undertake a more thorough review of the utilities to determine
what utilities would need to relocated/replaced?
To begin to answer these questions, it is recommended that staff undertake a more
detailed analysis of the utilities in the area to determine needs and potential cost of
relocation/replacement. Once this information is completed, a determination can be
made on whether to prepare a full design of the lot to show future structures, uses, and
utility locations. This design should seek to balance the size of the skate park and other
uses contemplated by the Master Plan, while simultaneously maximizing the amount of
parking spaces and the amount of greenspace provided on the block and insuring no
conflicts with utilities needed to service the area.
ADMINISTRATION RECOMMENDATION
It is recommended that the Committee seek a detailed analysis of the existing utilities
and a basic cost estimate for relocation/replacement of the utilities. This will allow the
Committee to determine if a complete development program is appropriate. lf the site is
still deemed appropriate for the desired enhancements, the administration would then
NCAC #13
seek direction as to whether a more detailed site design should be undertaken to
determine how the desired activities might be placed on the lot and where utilities may
be relocated. This additional design would allow for more detailed cost estimates and
development timelines to be produced.
Additionally, the administration recommends changes the title of this item to "Discussion
of the Placement of a Skate Park, Parking Structure, and Other Activities at the 72nd
Street Parking Lot (P92)" to avoid misleading anyone regarding the current direction of
the item.
Should you have any questions regarding the draft plan, please contact Jeff Oris at (305)
673-7577 x6186.
C: Kathie Brooks, Assistant City Manager
Eric Carpenter, Assistant City Manager/Public Works Director
Eva Silverstein, Tourism, Culture and Economic Development Director
John Rebar, Parks and Recreation Director
Saul Frances, Parking Director
Vanessa Williams, Tourism, Culture, and Economic Development Assistant
Director
Jeffrey Oris, Economic Development Division Director
NCAC #14
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NCAC #18
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
TRAFFIC MANAGEMENT ALTERNATIVES DISCUSSED AT THE FEBRUARY 24,2016
COMMISSION WORKSHOP ON TRAFFIC MANAGEMENT. REVISIT ON PRATRIE AVENUE
TO ALLOW RIGHT TURNS TO TRAVEL EASTBOUND
Commission ltem C4l, March 9, 2016
(Transportation)
Jose Gonzalez, Transportation Director
lreu #2
NCAC #19
DIScussIoN Ar CovIMITTEe MEETING
NCAC #20
Neighborhood/community Affairs committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING POTENTIALLY RENAMING OF NORTH SHORE OPEN SPACE
PARK
Commission ltem C4B, July 13,2016
(Sponsored by Commissioner Alemdn)
John Rebar, Parks and Recreation Director
Ireu # 3
NCAC #21
MIAMIBEACH
City of Miomi Beoch, lTOO Convenlion Center Drive, Miomi Beqch, Florido 33139, www.miomibeochfl.gov
IUEMORANDUM
To: Chair and Members of the ittee
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJECT: A DISCUSSION REGARDING NTIALLY RENAMING NORTH
SHORE OPEN SPACE PARK
At the July 13,2016 Commission meeting, Commissioner John Elizabeth Aleman referred a
discussion item regarding the renaming of North Shore Open Space Park to the Neighborhood
and Community Affairs Committee (NCAC).
At the October 21, 2016 NCAC meeting, the renaming was discussed and it was ultimately
decided to go to the Parks and Recreational Facilities Advisory Board for their feedback on the
naming.
At the January 12,2017 Parks and Recreational Facilities Advisory Board meeting, the Board
recommended for North Shore Open Space Park to be renamed "North Beach Oceanside
Park." The Board feels since the City of Miami Beach has a "South Beach" and the City is
working toward creating an identity for "North Beach," having the park name include "North
Beach" will assist and be consistent. Other names mentioned were: "North Shore Oceanfront
Park", "North Shore Beachfront Park" and "North Shore Beach Park."
ACTION REQUIRED
Committee vote on the direction to proceed with the renaming of North Shore Open Space Park.
Aftachment
Exhibit A - LTC 025-2017 Parks and Recreational Facilities Advisory Board Motions
,r-,wYk
NCAC #22
MIAMIBEACH
OFFICE OF THE CITY
'UTANAGERNo. LTC # 025-2017 TO COMMISSION
TO:
FROM:
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
City Commi
DAIE: January 13,2017
SUBJECT: PARKS & RECREATIONAL AOVISORY BOARD MOTIONS
by the Parks and Recreational Facilities Advisory Board at its meeting of January 12,2O'17:
MOTION 1:
Motion to allow each Parks and Recreational Facilities Advisory Board member (3) three telephone
appearances during board meetings and the 4m telephone appearance will be considered an absence.
Motion Made bv: Lori Nieder
ilotion Seconded bv: Dana Turken
Motion Passes: 7-3 (Motion Passes)
Voted Aoainst Motion: John Groff, Robert Gonzalez, and David Berger
Memberc Present for Motion: Carolina Jones (Chai{, Dana Turken, David Berger, Jenifer Caplan,
Eliane Soffer Siegel, Robert Gonzalez, Jonathan Groff, Lori Nieder, Stephanie Rosen and Paul Stein.
Members Partlclpatlnq via Teleohone: Lee Zimmerman
Members Absent for Motion: Chris Growald and Wil Martinez
MOTION 2:
The Parks and Recreational Facilities Advisory Board has reviewed the 307o Design Development Plan for the
Fulure Community Park (Former Par 3). The design of the finger lake and the placement in the center of the
park reduces the functional use of the park and accordingly the Board feels it is not in the best interest of the
City. The Parks and Recreational Facilities Advisory Board therefore recommends the reduction of the lake to
approximately one acre in a free form and placement in an area that maximizes flat green space.
Motion Made bv: Jonathan Groff
Motion Seconded bv: PaulStein
Motion Passes: '10-0 (Motion Passes)
Members Present for Motion: Carolina Jones (Chair), Dana Turken, David Berger, Jenifer Caplan,
Eliane Soffer Siegel, Robert Gonzalez, Jonathan Groff, Lori Nieder, Stephanie Rosen and Paul Stein.
Members Participatino via Teleohone: Lee Zimmerman
Memberc Absent for Motion: Chris Growald and Wil Martinez
MOTION 3:
The Parks and Recreational Facilities Advisory Board recommends that the 20h and Alton Road Pocket Park
should include a unique art installation that serves as an interactive playground for children.
Motlon Made bv: Robert Gonzalez
Motion Seconded bv: Stephanie Rosen
Motion Passes: 9{ (Motion Passes)
Memberc Present for Motion: Carolina Jones (Chair), Dana Turken, David Berger, Eliane Soffer Siegel,
Robert Gonzalez, Jonathan Groff, Lori Nieder, Stephanie Rosen and Paul Stein.
Members Particioatino via Teleohone: Lee Zimmerman
Members Absent for Motion: Jenifer Caplan, Chris Growald and Wil Martinez
NCAC #23
MOTION 4:
The Parks and Recreational Facilities Advisory Board recommends for North Shore Open Space Park to be
renamed "North Beach Oceanside Park.'The board feels since the City of Miami Beach has a 'South Beach'
and the City is working toward creating an identity for .North Beach,' having the park name include'North
Beach" wilt assist and be consistent.
Other names mentioned were: "North Shore Oceanfront Park", 'North Shore Beachfront Park' and 'North
Shore Beach Park."
Motion Made bv: David Berger
Motion Seconded by: Robert Gonzalez
Motlon Passes: E-1 (Motion Passes)
Voted Aoainst Motion: Dana Turken
Members Present for Motion: Carolina Jones (Chair), Dana Turken, David Berger, Eliane Soffer Siegel,
Robert Gonzalez, Jonathan Groff, Lori Nieder, Stephanie Rosen and Paul Stein.
Membes Partlclpatinq via Telephone: Lee Zimmerman
Memberc Absent for Motion: Jenifer Caplan, Chris Growald and Wil Martinez
MOTION 5:
The Parks and Recreational Facilities Advisory Board recommends that staff explore the cost and feasibility of
having mosquito repellent dispensers at parks and other facilities throughout Miami Beach.
Motion Made bv: Stephanie Rosen
Motion Seconded bv: Carolina Jones
Motion Passes:9-0 (Motion Passes)
Membes Present for Motion: Carolina Jones (Chair), Dana Turken, David Berger, Eliane Soffer Siegel,
Robert Gonzalez, Jonathan Groff, Lori Nieder, Stephanie Rosen and Paul Stein.
Memberc Participatino via Teleohone: Lee Zimmerman
Memberc Absent for Motlon: Jenifer Caplan, Chris Growald and Wil Martinez
NCAC #24
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION ON THE STATUS AND POSSIBLE EXPANSION OF THE BIG BELLY PILOT
PROGR^AM
Commission ltem C4H, September 14, 2016
(Sponsored by Commissioner Rosen Gonzalez)
Jay Fink, Assistant Public Works Director
lreu # 5
NCAC #25
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Floridq 33,l39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO: Chair and Members of the munity Affairs Committee
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJECT: DISCUSSION ON THE STATUS
PROGRAM
POSSIBLE EXPANSION OF THE BIG BELLY PILOT
BACKGROUND
At its July 8, 2015, the City Commission accepted the recommendation of the May 27,2015 Sustainability
and Resilience Committee, to proceed with a pilot program and explore a range of financing options
proffered by Big Belly Solar without advertising and subsequently adopted Resolution 2015-29067. On
December4 ,2015 the City and Big Belly Solar, lnc. (Bigbelly) agreed to launch a 12-month pilot program
that would allow for the lease of twenty-four (24) Bigbelly + Smartbelly Double Stations under a service
contract at a monthly rate of $128 per station, for a total monthly cost of $3,072.
These stations were installed in key locations throughout the City, including the Entertainment Districts,
Commercial Districts and City Parks. The determining factors for the placement of these stations were
pedestrian traffic, the available space allowing forADA requirements, and the availabilityto sunlight. The
larger footprint of the units does provide a challenge along narrow sidewalks.
Servicing of these stations is based on: email notification, visual inspection and customer complaints.
During the development of the pilot, it was estimated that there would be a decrease in the required
servicing with these containers. On average, the stations have seen service reductions from:
o Entertainment areas: from eighteen (18) times per week to seven (7) times per week
. Commercial areas: from seven (7) times per week to two (2) times per week
. Park areas: from seven (7) times per week to three (3) times per week
The stations were most effective in high traffic and commercial areas. lt was also determined that these
containers would be more user-friendly if they could be activated with a foot pedal as there was some
resistance to having to open the container with the handle.
At the onset, there was contamination of the recyclable materialwhich was addressed by changing the
configuration of the opening of the containers. This has improved the quality of the recovered materials.
There were some complaints of odors where food wastes had been disposed of in the vicinity of the
sidewalk caf6s. More frequent emptying and cleaning the units has been done in an attempt to address
the issue. lt is recommended that these units not be located in close proximity of outdoor eating
establishments.
We ore commilled to providing excellenl public service ond so{ely lo oll who live, work, ond ploy in our vibronl, tropicol, hisloric communiry
NCAC #26
The service arrangement worked well and provided a fix cost with the exception of two instances of
vandalism. The repair costs totaled $2,838.
The majority of the trash receptacles located throughout the City are emptied on a routine basis by the
franchised waste haulers as part of their contract at no additional cost. There are some that are emptied
strictly by City personnel and there is the potential for savings in labor costs to be achieved. Additionally,
there may be heavily used receptacles that could reduce the likelihood of being full between servicing.
ANALYSIS
At its October 26,2016 Sustainability and Resiliency Committee meeting, the Committee requested a
financial analysis be conducted of the Bigbelly pilot program. A discussion was made to the Finance and
City Wide Projects Committee on December 16, 2016. Preliminary cost information and program
expansion possibilities were discussed.
The current trash receptacles deployed in most locations are manufactured by Victor-Stanley.
purchase cost for a Victor-Stanley can is $1,400 over the course of its ten year service life;
refurbished every other year at a cost of $200. This results in an average annual cost of $220 per year.
For the original pilot project, Bigbelly has provided dual units consisting of a compacting trash unit and a
recycling container for the monthly cost of $128 per set. lf one were to consider a similar service life, the
average annual cost would be $1,536 per year. Bigbelly representatives have stated that they would
honor this pricing for the 24 units associated with the original pilot program if the City commits to a five (5)
year term. Current monthly costs for the Bigbelly dual bins which include ash trays and foot pedals are
$145 monthly or $1,738 annually and a single Bigbelly trash compacting unit without the recycling unit or
ash tray/foot pedal would be $107 monthly or $1,224 annually.
To develop a similar cost comparison at today's cost, the recycling containers that are currently in use are
manufactured by Chase Park with a purchase price of $1,300. These have not been in service as long as
the Victor Stanley units and are expected to need to be refurbished at least once within a ten yearservice
life. This would result in an average annual cost of $150 per year. So if one were to pair a Victor Stanley
trash can with a Chase Park recycling receptacle, the average annual cost ofjust the containers would be
$370.
Therefore, the difference in cost is approximately $1000 per set per year based on the pilot pricing. To
offset the greater capital cost of the Bigbelly units, the analysis must be expanded to include the cost
savings associated with the units' ability to compact the trash which will reduce the amount of times that
the unit needs to be emptied resulting in labor savings and the cost of the trash bags.
City staff has prepared a scenario in which the standard City trash receptacle is replaced with the Bigbelly
stations in the entertainment district on Washington Avenue. On Washington Avenue between 5h Street
and '17th Street, the Sanitation Department services 65 trash and recycling stations. The typical can
requires 18 service collections per week. A litter control crew collects the trash can liners on an as
needed basis and places them near the can for collection while conducting other litter control duties. Each
collection requires five minutes of time which includes pickup and disposal. For one year the average
amount of time spent collecting the Victor-Stanley cans is 5,070 hours.
The
it is
We ore commilted to providing excellenl public service ond sofe\ to oll who live, work, ond ploy in our vibronf, tropicol, historic community
NCAC #27
Number of
Cans
Can
Disposal
Time
Number of
Services
Weeks in a
Year
Total
Disposal
Time
(hours) in
One Year
y'ictor Stanlev 65 E 18 52 5070
Biqbellv 65 5 7 52 1972
The Bigbelly stations are anticipated to require seven service collections perweek and a litter control crew
will collect the full liners for pickup and disposal. Assuming a five minute collection time, for one year the
average amount of time spent collecting the Bigbelly stations is 1,972 hours.
Victor Stanlev Bigbelly Stations
Washington Ave from Sth to 15th Street
10 vear oeriod
-abor Cost bv Hours 50,700 19.720
-abor Cost at $20 oer/hr $1,014,000 $394,400
\umber of Services Over a 10 Year Period 608,400 236,640
\umber of Cans 65 65
Annual Cost per Can $220 $1,536
Total Cost of Cans $1,157,000 $1,392,80C
The analysis for the entertainment district on Washington Avenue demonstrates that over a ten year
period for 65 cans the City will spend $1,157,000 on the Victor-Stanley cans versus $1,392,800 on the
Bigbelly stations. Additional savings could be achieved based on the cost of the actualtrash bag and the
reduction in the number of services of each unit. This could amount up to an additional $71 ,000 over the
10 year period.
The attached pricing sheet was provided by Bigbelly on January 18,2017. The pricing for the original 24
units would remain at a discounted price based on a 60 month deployment. Additional units or any
reduction of the contract time period would result in higher pricing.
The Administration is interested in extending the pilot program to see if the technology offers sufficient
efficiencies in service and recycling to offset the higher cost of the Bigbelly stations. Two scenarios of
deploying these units on Washington Avenue were presented to the Finance and Citywide Projects
Committee (FCWPC) on January 20,2017. The first was taking the existing 24 units and placing them
from l Oth Street to Lincoln Road and the other was expanding the service area from sth Street to 17th
Street. The final cost would need to be negotiated based on the direction provided.
The Committee voted to expand the pilot program along Washington Avenue from Sth Street to 17th Street
with the direction to report back in six (6) months. ln addition, future financial analysis over an extended
period of time should include cost of living adjustments for labor components.
CONCLUSION
The above information is provided for discussion by members of the Committee.
MrE{bvW
F:\WdfII($ALLV1) EMPLOYEE FOLDERS\FIORELLA SARMIENTO\CITY COMMITTEES AND LTCS. ALL YEARS\NCAC\Big BEIIY
We ore commlled to providing excellenl pubhc service and sot'ely lo oll who live work, ond play n our vtbrcsnl, lroprcol. hisloric cammunily
NCAC #28
Mr. Jay Fink
Assist DPW Director
Mr. Eric Carpenter
Director DPW
City of Miami Beach Florida
1t18/17
Jay
Per our recent conversations surrounding an extension to the Bigbelly fleet and expansion of
the pilot program we have outlined below the specific scenarios you and Eric requested.
As a matter of clarity the below options will both:
1 . Be based on using the existing fleet of 24 Double Bigbelly stations currently installed
2. lnclude pricing for an extension of those units and addition of more stations to fully cover the
areas outlined in your request.
3. Per your request we will add the foot pedals and ashtray features( Per Fin/Com request) to
the new /additional units and once you have finalized the exact configuration we can provide
costing to add additional feature in the field and movement of the current stations to their
new said locations
4. Outlined you will find both 60 and 36 month pricing options ( Basically if you go 36 months
there is a 2Oo/" premium )
5. Pricing Models below on Page 2
We are open to discuss in further details if needed.
Respectfully,
)osqh A. l t'tryhg
Joseph A Murphy
SVP
Bigbelly
Bi-g-p-g"l^l},
l50AStreet-Suitel03-Needham,MA02494-USA . Tel:+l 781.4M.60O2. Fax:+1 617.558.'1010 . www.Bigbelly.com
NCAC #29
Pricing Options
UNITPRICING Current Price
60Mos.
Current Price
!16Mos.
Smartbelly Sinsles with no options $ n.n S 92.40
Biebellv Sinsles with no options s 102.00 $ tz2.N
Biebellv Sineles w- Foot pedals, Ash travs and messase panels s 119.00 S i.42.so
Current Bisbellv Doubles with no options s 128.00 S rsg.6o
Bigbelly Doubles w- Foot pedals, Ash trays and message panels s L45.00 S 19s.s3
Add Foot pedals to existing fleet on CONNECT TBD TBD
Confieuration 36 months Units Unit Price Svstem Price
Option I
Keep existing 24 double stations 24 S i.s3.6o S s,ogo.4o
Add 7 more Doubles with full feature 7 s 19s.s3 S r,goa.zr
Add 38 Singles with full features 38 S L42.80 S s,oss.m
Totals 59 S ro,rro.z
Ootion !!
Keep existine 24 doubles 24 s 1s3.60 S 3,686.40
Add 24 Singles with f ull features 24 s 19s.s3 s 3,686.40
Totals 48 s 7.372.80
Confieuration 60 months Units Unit Price Svstem Price
Option I
Keep existine 24 double stations 24 s 128.00 5 3,olz.@
Add 7 more Doubles with full feature 7 s 119.00 S esg.oo
Add 38 Sineles with full features 38 s 14s.00 S s,gos.oo
Totals 6!'s 7.810.00
Ootion Il
Keep existine 24 doubles 24 s 128.00 s 3,072.00
Add 24 Singles with full features 24 s 11e.oo s 3,072.00
Totals 48 S s,ra+m
Notes:
a) Once final configurations are completed any charges for move fees or additions to current fleet
( i.e. foot pedals for some) will be generated
b) Shipping and install costs one-time fee once final configurations determined
End Document
Big"I'-"""'lly
l50AStreet-Suitel03-Needham,MA02494-USA. Tel:+l 78I.444.6002. Fax:+1 617.558.1010. www.Bigbelly.com
NCAC #30
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING THE CITY'S USE OF HOST COMPLIANCE SERVICES
Commission ltem C4H, October 19, 2016
(Sponsored by Commissioner Rosen Gonzalez)
Sarah Saunders, Code Compliance Manager
lreu # 6
NCAC #31
MIAMIBEACH
CityotMiami Beach, lZO0 Convention Center Drive,Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO:
FROM:
DATE: November 9, 2016
SUBJECT: DISCUSSION REGARDTNG
SERVICES
GITY'S USE OF HOST COMPLTANCE
At the October 19, 2016 Commission Meeting the Mayor and City Commission referred adiscussion item rega-rding the City's use of Host Compiiance services to the Neighborhoodand Community Affairs Committee (NCAC). The Code Compliance Department hasconducted research to explore Host Compliance and various ot'her companies that offershort{erm rental assistance services. These services include summary market statistics,
assistance in providing approximate locations of advertised properties, and estimates onthe frequency of illegal rental activity for a given advertisement. These companies utilizepublicly available data from sources such as Airbnb, VRBO, and other rental sites tocompare advertised properties and determine approximate locations and statistics. Whilesome companies indicated they would be able to provide more specific address identifiers,
such as apartment or condo unit numbers, we have not been abie to confirm these claims
to a level of certainty.
Currently, the Code Compliance Department has trained all Code ComplianceAdministrators (CCAs) and Code Compliance Officers (CCOs) in short-term rental
investigations, with two CCOs dedicated specifically to short-term rental investigations. The
FY2016117 Budget provides for three additional positions dedicated to this effJrt, includinga supervisor (CCA). Short{erm rental investigations include internet research to locat6
advertisements, field monitoring and investigations of suspected or known illegal transientproperties, and responding to complaints of iilegal rental activity.
To date, the department has researched and made contact with the following companies:
1. BNB Shield: Code Compliance explored the material available on the companywebsite and spoke with a company representative on the phone. The services
appear to be more targeted toward property managers but they advised they dohave one municipal client. At this time, we are not ibte to confiim the company isable to provide anything more than a close proximity or approximate address ofadvertised units.2. SubletAlert.com: Code Compliance explored the material available on thecompany website and contacted a company representative who advised theirservices focused on private landlords and property managers.3. Host Compliance/icompass: Code Compliance'explore-d the material available onthe company website and had a webinar demonstration of the services offered. Thecompany provides consulting services for developing enforcement policies,
Neighborhood and Community
Jimmy L. Morales, City Manager
NCAC #32
NCAC Agenda - Host Compliance
Committee Memorandum
November 9, 2016
Page2 of2
summary statistics and although it can provide a close proximity or approximate
address of advertised short-term rental properties, it cannot provide the unit
numbers.
4. Metropolitan Public Strategies (MPS): Code Compliance reviewed the proposal
by their founder/CEO for an illegal listings tracking program. After telephone
discussion, it was determined that the exact unit numbers of condo and apartment
listings could not be provided. However, the company is able to provide occupancy
averages which may be of assistance to the Finance Department in calculating
estimated Resort Taxes owed by violators.5. Hamari: Code Compliance explored the material available on the company website,
spoke with a company representative and received a sample report of short term
rental leads. Specific unit numbers were included for the two properties in the
sample report. The cost structure for the service is a pay-per- lead, in addition to
monthly monitoring fees.
At this time, there is no shortage of short{erm rental leads coming into the department via
resident complaints, referrals from other departments, and proactive identification by staff.
Code staff is actively searching for advertisements and investigating properties through the
various sources of publicly available information online and in the field. lndeed, our
previous average of 300 plus short-term rental investigations annually has exponentially
increased with this year trending toward more than 1,OOO investigations. We've finalized i
partnership with the Greater Miami & the Beaches Hotet Association (GMBHA), who
incidentally is corroborating with Florida lnternational University's (FiU) School of
Hospitality & Tourism Management, in developing additional leads for short-term rental
investigations. With the addition of three full-time employees budgeted for this effort, the
assistance of a third party vendor for lead development is not necessary.
,.-ffi,#.,.*$
F:\CODE\$ADM\HDC\Committee Memos\NCAC - Host Compliance.docx
NCAC #33
-I
A Practical Guide to Effectively Regulating Short-term Rentals 'r *'
HOSTCOMPLIANCE
A PRACTICAL GUIDE TO EFFECTIVELY
REGULATING SHORT.TERM RENTALS ON
THE LOCAL GOVERNMENT LEVEL
Ulrik Binzer, Founder& CEO Host Compliance LLC
@ Host Compliance LLC I 735 Market St, Floor 4, San Francisco, CA 94103 | www.hostcompliance.com
NCAC #34
A Practical Guide to Effectively Regulating Shortterm Rentals .:j,*.,
HOST COMPLIA}.ICE
Contents
tNTRODUCTION: THE METEORIC RISE OF "HOME-SHARING" AND SHORT-TERM RENTALS..................3
WHY REGULATE HOME-SHARING AND SHORT-TERM RENTALS IN THE FIRST PTACE?..........................3
EFFECTIVE SHORT-TERM RENTATS REGUTATION STARTS WITH EXPLICTT POTICY OBJECTIVES AND A
CLEAR UNDERSTANDING OF WHAT REGUTATORY REQUIREMENTS CAN BE ENFORCED ......................4
Start with explicit policy o$ectirres!. ....................4
ExampleA: Listofshorttermrentalpolicyobjectilesforanaffuentresidentialcommunityinattractile
locdion...... .................5
ExampleB: Listofshort-termrentalpolicyobjectilesforanurbancommunitywithashortageof
affordable housing...... ....................5
Example C: List of short-term rental policy objectiles for a working-class suburban community with
ample housing arailability and a struggling downtown ............... ................6
Example D: List of short-term rental policy objectires for beach town with a large stock of traditional
lacation rentds........ .....................6
Onlyadopt pdicy rcquiements that can and will be enforced!.............. .....................6
Keep itsimple! ..................7
VIABTE REGI,.,TATORY APPROACHES TO MANAGTNG SHORT.TERM RENTAIS .....................................9
BEST PRACTTCES FOR ENFORCING SHORT.TERM RENTAL REGULATION............... ...........14
coNc1usroN............... ...... 16
ABOUTTHE AUTHOR............... ............16
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NCAC #35
A Practical Guide to Effectively Regulating Short-term Rentals : $::
HOSTCOMPLIANCE
Introduction: The meteoric rise of "home-sharing" and
short-term rentals
Sharing our homes has been commonplace for as long as there have been spare rooms and
comfortable couches. Whetherthrough word of mouth, ads in newspapers or flyers on
community bulletin boards, renters and homeowners alike have always managed to rent out or
share rooms in their living spaces. Traditionally these transactions vvere decidedly analog, local
and limited in nature, but with advance of the internet and vr,ebsites such as Airbnb.com and
HomeAway.com it has suddenly become possible for people to advertise and rent out their
homes and spare bedrooms to complete strangers from far-away with a few mouse-clicks or
taps on a smartphone screen. As a result, the number of homes listed for short-term rent has
grown to about 4 million, a 10 fold increase over the last 5 years. With this rapid growth, many
communities across the country are for the first time eperiencing the many positive and
negative consequences of an increased volume of "strangers' in residential communities. \Mrile
some of these consequences are arguably positive (increased business for local merchants
catering to the tourists etc.) there are also many potential issues and negative side -effects that
local government leaders may raant to try to mitigate by adopting sensible and enforceable
regulation.
How to effectively regulate home-sharing and short-term rentals has therefore suddenly becone
one of the hottest topics among local government leaders across the country. ln fact, at the
recent Mtional League of Cities conference in Mshville, TN, there were more presentations
and uork sessions dedicated to this topic than to any other topic. Yet, despite more than 32,OOO
news articles written on the topic in recent yearsi, surprisingly little has been written on howto
implement simple, sensible and enforceable local policies that appropriately balances the rights
of homeowners with the interests of neighborsand othercommunity members who may only
experience the negative side-effeds associated with people renting out their homes on a short-
term basis. This guide seeks to address this knowledge gap and offer pradical advice and
concrete examples of short-term rental regulation that actually uorks.
why regulate home-sharing and short-tern rentals in
the first place?
There are many good reasons why local government leaders are focused on finding ways to
manage the rapid growth of home-sharing and short-term rental properties in their communities.
To name a few:
1 . lncreased tou rist traffic from shortterm renters has the potential to slowly transform
peaceful residential communities into "communities of transients" where people are less
interested in investing in one another's lives, be it in the form of informal friend groups o r
church, schooland other community based organizations.
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NCAC #36
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2. Short-term renters may not always know(or follow) local rules, resulting in public safety
risks, noise issues, trash and parking problems for nearby residents.
3. So-called "party houses' i.e. homes that are continuously rented to larger groups of
people with the intent to party can severely impact neighbors and drive down nearby
home values.
4. Conversion of residential units into short-term rentals can result in less availability of
affordable housing options and higherrentsfor long-term renters in the community.
5. Local service jobs can be jeopardized, as unfair competition from unregulated and
untaxed short-term rentals reduces demand for local bed & breakfasts, hotels and
motels.
6. Towns often lose out on tax revenue (most often refened to as Transient Occupancy
Tax / Hotel Tax / Bed Tax or Transaction Privilege Tax) as most short-term landlords fail
to remit those taxes even if it is required by law.
7 . Lack of proper regulation or limited enforcement of existing ordinances may cause
tension or hostility betvleen short-term landlords and theirneighbors
8. The existence of "pseudo hotels" in residential neighborhoods (often in violation of local
zoning ordinances etc.) may lead to disillusionment with local government officials who
may be perceived as ineffective in protecting the interests of local tax-paying citizens.
ln short, while it may be very lucrative for private citizens to become part-time innkeepers, most
of the negative externalities are borne by the neighbors and surrounding community who may
not be getting much in return. The big questions is therefore not whetherit makes sense to
regulate shortterm rentals, but howto do it to preserve as many of the benefits as possible
without turning neighbors and other local community members into "innocent bystanders". ln the
next sections ra,e will eplore how to actually do this in practice.
Effective short-term rentals regu lation starts with
explicit policy objectives and a clear understanding of
what regulatory requirements can be enforced
As with most regulation enacted on the locallevel, there is no "one size fits all" regulatory
approach that will uork for all communities. lnstead local regulation should be adapted to fit the
local circumstances and policy objectives while e>plicitly factoring in that any regulation is only
uorth the paper it is written on if it can be enforced in a practical and cost-effedive manner.
Start with explicit policy objectives!
As famously stated in Alice in Wonderland'. "lf you don't krpwvvhere you are going, any road witl
get you there."The same can be said about short-term rental regulation, and unforfunately
many town and city councils end up regulating the practice without first thinking through the
community's larger strategic objectives and e><actly which of the potential negative side effects
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NCAC #37
reAPracticalGuidetoEffectivelyRegulatingShort-termRentals
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associated with short-term rentals that the regulation should try to address. As an example, the
Town of Tiburon in California recently passed a total ban of short-term rentals without thinking
through the severely negative impact of such regulation on its stated strategic policy objedive of
revitalizing its downtown. Likewise the City of Mill Valley, California recently adopted an
ordinance requiring short-term landlords to register with the city, while failing to put in place an
effective mechanism to shut-down "partytrouses" although there had been several complaints
about such properties in the past. Such oversight was clearly unintentional but highlights the
fact that the topic of regulating short{erm rentals is extremely complicated and it is easy to miss
the forest for the trees when it comes time to actually writing the local code. To avoid this pitfall,
local government leaders should therefore first agree on a specific list of goals that the new
short-term rentalregulation should accomplish before discussing any of the technicaldetails of
how to write and implement the new regulation. Any draft regulation should be evaluate d
against these specific goals and only code requirements that are specifically designed to
address any of those concrete goals should be included in the final ordinance. Beloware a few
concrete examples of what such lists of concrete policy objective could look like for various
types of communities:
Il', : --. i:
Ensure that traditional residential neighborhoods are not turned into tourist areas to the
detriment of long-time residents
Ensure any regulation of short-term rentals does not negatively affect property values
(and property tax revenue)
Ensure that homes are not turned into pseudo hotels or "party houses'
Minimize public safety risks and the noise, trash and pa rking problems often associated
with short-term rentals without creating additional vrork for the local police department
Give permanent residentsthe option to occasionally utilize their properties to generate
extra income from short-term rentals as long as allof the above mentioned policy
objectives are met
, : ir - l.',
Maximize the availability of affordable housing options by ensuring that no long -term
rental properties are converted into short-term rentals
Ensure that short-term rentals are taxed in the same way as traditional lodging providers
to ensure a level playing field and maintain local service jobs
Ensure that the city does not lose out on hotel tax revenue that could be invested in
much needed services for permanent residents
a
a
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NCAC #38
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Minimize public safety risks and the noise, trash and parking problems often associated
with short-term rentals without creating additional u,ork for the local police department
Give citizens the option to utilize their properties to generate extra income from short-
term rentals as long as allof the above mentioned policy objectives are met
Give property owners the option to utilize their properties as short-term rentals to help
them make ends meet
Encourage additional tourism to drive more business to downtown stores and
restaurants
Minimize public safety risks and the noise, trash and parking problems often associated
with short{erm rentals without creating additional vrork for the local police department
Ensure that the city does not lose out on tax revenue that could be invested in much
needed services for permanent residents
. Ensure any regulation of short-term rentals does not negatively affectthe value of
second homes (and thereby property tax revenue)
. Encourage increased visitation to local stores and reshuranb to increase the overall
availability of services and maximize sales tax collections
. Minimize public safety risks and the noise, trash and parking problems associated with
existing short-term rentals without creating additionalvr,ork for the local police
department
Once clear and concrete policy objedives have been formulated the next step is to understand
what information can be used for code enforcement purposes, so that the adopted short-term
rentalregulation can be enforced in a cost-effedive manner.
Only adopt policy requirements that can and will be enforced !
While it may seem obvious thal only enforceable legislation should be adopted, it is mind-
boggling howoften this simple principle is ignored. To give a fewexamples, the turc California
towns previously mentioned not only failed to adopt regulation consistent with their overall
strategic policy objectives, but also ended up adopting completely unenforceable rules. ln the
case of Tiburon, the town councilinstituted a complete ban of allshortterm rentalswithin its
jurisdiction, but not only failed to allocate any budget to enforce it, but also failed put in place
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NCAC #39
[| A Practical Guide to Effectively Regulating Short-term Rentals ,,* t
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fines large enough to deter any violation of the ban. As a result, the number of properties listed
for rent has remained virtually unchanged before and afterthe ban.
ln the case of Mill Valley, the town's registration requirement turned out to be completely
unenforceable as the town's personnd had neither the technical expertise, time nor budget to
track down short-term landlords thatfailed to register. As a result, the town has had to rely
exclusively on self-reporting, and unsurprisingly the compliance rate has been less than 5%.
As for local governments that require short-term rental property owners to pay taxto the local
jurisdiction without allocating budget to enforcing such rules, they have found themselves in
similar situations, with compliance rates in the 5% range.
Keep it simple!
Another common mistake is for cities to adopt complicated rules that are hard for citizens to
understand and followand that require large investments in enforcement. As an example,
despite setting up a dedicated department to enfore its short-term rental regulation, the City of
San Francisco has only achieve a 10-15% compliance rate as its regulation is so complicated
and its registration process so agonilng that most people give up before even trying to follow
the rules. Below is flovrchart that illustrates San Francisco's cumbersome short-term rental
registration process.
RENThL REGISTRATION PROCESS
I--_--
E-E-E-E-EI{T
SHORT-TERM
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NCAC #40
A Practical Guide to Effectively Regulating Short{erm Rentals
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While hindsight is20120, it is worth noting that the registration requirements uaere probably well-
intended and made logicalsense to the council members and staff thatadopted them. The
problem was therefore not ill-will but a lack of understanding of the practical details as to how
the various short-term rentalwebsites actualuork. As an e>rample, San Francisco's short{erm
rental regulation require that property owrer's display their permit number on any advertising
(including online listings) whereas Airbnb's website has built-in functionality that specifically
prevents short-term landlords from doing so and automatically deletes all "permit sounding"
information from the listings in most locations. Likewise, San Francisco's legislation bans
anyone for renting theirhomes for more than g0 days per calendaryear, while none of the
home-sharing uaebsites give code enforcement officersthe ability to collect the data necessary
to enforce that rule. To make matters v\orse, the listing websites have refused to share any
property specific data with the local authorities and have even gone as far as suing the cities
that have been asking for such detailed data. Local government officiats should therefore not
assume that the listing vrebsites will be collaborative when it comes to sharing data that will
make it possible for localcode enforcementofficers to monitor compliance with complicated
short-term rental regulation on the propertylevel. lnstead, localgovemment leadersshould seek
to carefully understand the data limitations before adopting regulation that cannot be practically
enforced. To get a quick overviewof wtrat information that can be relied on for short{erm rental
compliance monitoring and enforcement purposes, please see the diagram belowthat shows
which:
1 . data is publicly available on the various home-sharing websites
2. information that can be uncovered through the deployment of sophisticated "big data"
technology and trained eperts (or time-consuming and therefore costly detective uork
conducted by a town's own staff)
3. property specific details thatare practically impossible to obtain despite significant
investment of time and money
Publicly available data
for majority of properties
Data that can be acquired
through the use of sophisticated
technology or laborious (costly)
detective uork
Data that is
impossible to obtain
for majority of
lnterior photos
Listing description
Location within half a mile of
actuallocation
Address
Owner name
Permit information
# of nights rented per
month/quarterlyear
Rental revenue per
month/quarterlyear
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NCAC #41
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A Practical Guide to Effectively Regulating Short-term Rentals
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So where does that leave local government leaders wtro want to put in place enforceable short-
term rental regulation? ln the next section we will explore, describe, and assess the viable
regulatory tools available for local govemment leaders to effectively address the key issues
related to taxation, regulation, social equity and economic development.
Viable regu latory approaches to managing short-term
rentals
As mentioned earlier, the first step to creating effective shortterm rental regulation is to
document and get agreement on a set of clear and concrete policy objectives. Once this has
been accomplished, putting together the actual regulatory requirements can be simplified by
referring to the "cheat sheet" below, vrfrich lists the regulatory levers that can be pulled to
accomplish those goals in a practical and cost-effective manner while factoring in the data
limitations highlighted in the previous section.
Short-term Rental Policy Objectives and the Associated Viable Regulatory
Approaches
Policy Objective Viable Regulatory
Approach(es)
Unviable Regulatory
Approach(es)
Give law abiding and
respectful citizens the
option to utilize their homes
as short-term rentals
Adopf a formal annual permitting
requirement and a process for
revoking permits from "trouble
properties". As an erample a
local government can adopt a "3
strikes rule" whereby a permit is
automatically revoked for a
number of years in the event the
local government receives 3
(substantiated) complaints a bout
a property within a certain time
frame (i.e. a 24 month period).
Alternatively, a local government
can adopt a rule by which a
permit is automatically revoked
in the event the town receives
conclusive evidence (police
report, video evidence etc.) that
a city ordinance has been
violated.
Failing to clearly specify
what rules law abiding
and respectfulshort-
term landlords and their
renters must comply
with. Adopting regulatbn
that does not clearly
define the criteria and
process for revoking a
short-term rental permit.
Ensure that speculators do
not buy up homes to turn
them into pseudo hotels
while still giving permanent
Adopt a formal permit
requirement and make it a
condition that the permit holder
verifies residency on an annual
Adopting a permitting
process that does not
formally req u ire short-
term rental permit
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NCAC #42
A Practical Guide to Effectively Regulating Short{erm Rentals
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residenfsthe option to
utilize their homes to
generate extra income from
short-term rentals
basis by submitting the same
documentation as is required to
verify residency for public school
attendance purposes
holders to verify that
they are permanent
residents of the
permitted property
Ensure that homes are only
occasionally used as short-
term rentals (and not
continuously rented out to
new people on a short term
basis)
It is unfortunately not practically
possible to enforce any formal
limits on the number of times or
number of days that a particular
property is rented on an
an n ua l/q ua rte rly/month ly basis,
but adopting a permanent
residency requirement for short-
term rentalpermit holders (see
above) can ensure that there b a
practical upper limit to how often
most properties are rented out
each year (most people can only
take a few vrreeks of vacation
each year and they are therefore
practically restricted to rent out
their homes for those few
u,eeks). There is unfortunately
no easy way to dealwith the tiny
minority of homes where the
" permanent resident" owners
have the ability to take extended
vacations and rent out their
home continuously. That said, if
the above mentioned
"permanent residency
requirement" is combined with
rules to mitigate noise, parking
and trash related issues, the
potential problems associated
with these few homes should be
manageable.
Adopting a ""permanent
residency req uirement" also
comes with the additional side
benefit that most people don't
want to rent out their primary
residence to people who may
trash it or be a nuisance to the
neighbors. The " permanent
residency req uirement" can
therefore also help minimize
noise, parking and trash related
issues.
A formal limit on the
number of times or
number of days each
property can be rented
on an
annua l/q uarterly/montrly
basis is not enforceable
as occupancy data is
simply not available
without doing a formal
audit of each and every
property.
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NCAC #43
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Ensure homes are not
turned into "party houses"
Adopt a formal permit
requirement and put in place a
specific limit on the number of
people that are allowed to stay
on the property at any given
time. The "people limit" can be
the same for all permitted
properties (i.e. a maxof 10
people) or be correlated with the
number of bedrooms. ln addition,
the regulation should formally
specify that any advertisement of
the property (offline or online)
and all rental contracts must
contain la nguage that specifies
the allowed "people limit" to
make it clear to (potential)
renters that the home cannot be
used for large gatherings. While
not bullet-proof, adopting these
requirements will deter most
abuse. ln addition it is possible
to proactively enforce this rule as
all listing websites require (or
allow) hosts to indicate their
property's maximum occupancy
on the listings.
Adopting any regulation
that does not clearly
define what types of
uses are disallowed will
be ineffective and likely
result in
misinterpretation and/or
abuse.
Minimize potential parking
problems for the neighbors
of short-term rental
properties
Adopt a formal permit
requirement and put in place a
specific limit on the number of
motor vehicles that short-term
renters are allowed to park
on/near the property. The "motor
vehicle limit" can be the same for
all permitted properties (i.e. a
max of 2) or be dependent on
the number of permanent
parking spots available on the
property. ln addition, the
regulation should formally
specify that any advertisement of
the property (offline or online)
and any rentalcontract must
contain language that specifies
the allowed "motor vehicle limit"
to make it clear to (potential)
renters that bringing more cars b
disallou ed. As with the "people
limit" rule mentioned above,
Adopting any regulation
that does not clearly
define a specific limit on
the number of motor
vehicles that short-term
renters are allou,ed to
park on/near the
property.
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NCAC #44
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adopting these parking
d isclosure req uirements will
deter most abuse. In addition it
is easy to proactively enforce
this rule as most listing u,ebsites
require or allowtheir hosts to
describe their property's parking
situation on the listing.
Minimize public safety risks
and possible noise and trash
problems without creating
additional vrrork for the local
police department and code
enforcement personnel
Require that all short-term
rental contracts include a
copy of the local
sound/trash/parking
ordinances and/or a "Good
I.,leig h bor Broch u re" that
summarizes the local
sound/trash/parking
ordinances and what is
epected of the renter.
Req uire that short-term
rentalpermit holders list a
"local contact" that can be
reached 2417 and
immed iately ta ke corrective
action in the event any non-
emergency issues are
reported (i.e. deal with
suspected noise, trash or
parking problems)
Establish a2417 hotline to
allow neighbors and other
citizens to easily report non-
emergency issues without
involving local law/code
enforcement officers. Once
notified of a potential
ordinance violation, the
hotline personnel will contact
the affected property's "local
contact", and only involve tre
local law and/or code
enforcement personnel in he
event that the "local contact"
is unsuccessful in remedyirg
the situation within a
reasonable amount of time
(i.e. 20-30 minutes).
Adopting any regulation
and enforcement
processes that do not
explicitly specify how
non-emer9ency
problems should be
reported and addressed.
Ensure that no long-term
rental properties are
converted to short-term
Adopt a permanent residency
requirement for short-term rental
permit holders (see above)to
Adopting a permitting
process that does not
formally require short-
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NCAC #45
rEAPracticalGuidetoEffectivelyRegulatingShorttermRentals .:
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rentals to the detriment of
long{erm renters in the
community
prevent absentee landlords from
converting longterm rental
p ro perties into short-term
rentals.
term rentalpermit
holders to verify that
they are permanent
residents of the
permitted property will
be ineffective in
preventing absentee
landlords from
converting their long-
term rentalproperties
into short-term rentals.
Ensure that residential
neighborhoods are not
inadvertently tu rned into
tourist areas to the detriment
of permanent residents
lmplement one or both of the
following regulatory approaches:
1. Adopt a formal permit
requirement and set specific
quotas on the number of
short-term rental permits
allou ed in any given
neighborhood, and/or
2. Adopt the "permanent
residency requ irement" for
short-term rental permit
holders (mentioned above) to
ensure that there is a
practical upper limit to how
often any property is rented
out each year
Adopting a complete
ban on short-term
rentals, unless such a
ban is heavily enforced.
Ensure any regulation of
short-term rentals does not
negatively affect property
values or create other
unexpected negative long-
term side-effects
Adopt regulation that
automatically epires after a
certain amount of time (i.e. 2-5
years) to ensure that the rules
and processes that are adopted
now are evaluated as the market
and technology evolves over
time.
Adopt regulation that
does not contain a
catalyst for evaluating its
effectiveness and side-
effects down the line.
Ensure the physical safety of
short-term renters
Adopt a physicalsafety
inspection requirement as part of
the permit approval process. The
inspection can be conducted by
the municipality's own staff or
the localfire/police force and can
cover various amounts of
potential safety hazards. As a
minimum such inspection shouH
ensure that all rentals provide a
minimum level of protection to
the renters who are sleeping in
Adopting a self-
certifi cation process that
does not involve an
objective 3d party.
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NCAC #46
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unfamiliar surround ings and
therefore may be disadvantaged
if forced to evacuate the
structure in the event of an
emergency.
ln addition to the above targeted regulatory measures, localgovernments should adopt
requirements for short-term rental permit holders to maintain books and records for a minimum
of 3 years so that it is possible to obtain the information necessary to condud inspections or
audits as required. Finally, it is imperative that local governmenb adopt fine structures that
adequately incentivizes short-term landlords to comply with the adopted regulation. ldeally the
fines should be proportionate to the economic gains that potential violators can realize from
breaking the rules, and fines should be ratcheted up for repeat violators. Belowis an e>rample of
a fine schedule that will u,ork for most jurisdictions:
Best Practices for Enforcing Short-term Rental
Regulation
To implement any type of effective short-term rental regulation, be it a total ban, a permitting
requirement, and/or a tax, local governments must expect to invest some level of staff time
and/or other resources in compliance monitoring and enforcement. Thatsaid, most local
governments are neither technically equipped nor large enough to build the true epertise and
1sr
violation
zno
violation
J''
violation
.[u,vtolauon
F tne tor advertislng a property
for short-term rent (online or
offline) without first having
obtained a permit or
complying with local listing
requirements
$200 per
day
$400 per
day
$650 per
day
Upon the fourth or.
subsequent violation in
any twenty-four month
period, the local
government may
suspend or revoke any
permit. The
suspension or
revocation can be
appealed.
Fine for violating any other
requirements of the local
government's short-term
rental requlation
$250 per
day
$500 per
day
$750 per
day
Notes:
(a) Any person found to be in violation of this regulation in a ciMl case brought by a law
enforcement agency shallbe ordered to reimburse the localgowrnment and other
participating law enforcement agencies their full inwstigatir,e costs, pay all back-owed taxes,
and remit all illegally obtained short-term rental rer,enue proceeds to the local golemment
(b) Any unpaid fine will be subject to interest from the date on which the fine became due and
payable to the local gorernment until the date of payment.
(c) The remedies provided for in this f ne schedule are in addition to, and not in Iieu ol all other
legal remedies, criminal or civil, which may be pursued by the local golernment to address any
violation or other public nuisance.
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NCAC #47
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sophisticated softvrare needed to do this cost-efectively. There are several reason wtry this is
the case:
1 . Rental property listings are spread across dozens (or hundreds)of different home
sharing u,ebsites, with new sites popping up all the time (Airbnb and HomeAway are only
a small portion of the total market)
2. Manually monitoring 100s or 1 ,000s of short-term rental properties within a specific
jurisdiction is practically impossible without sophisticated databases as property listings
are constantly added, changed or removed
3. Address data is hidden from property listings making it time -consuming or impossible to
identify the e>ract properties and owners based just on the information available on the
home-sharing urebsites
4. The listing vlebsites most often disallow property omers from including permit data on
their listings, making it impossible to quickly identify unpermitted properties
5. There is no manualway to find out how often individual properties are rented and for
how much, and it is therefore very difficult to precisely calculatethe amount of taxes
owed by an individual property owner
Luckily, it is possible to cost-effectively outsource most this vrrork to new innovative companies
such as l-{ost Compliance that specialize in this area and have developed sophisticated big data
technology and deep domain erpertise to bring down the compliance monitoring and code
enforcement costs to a minimum. ln many situations, these companies can even take on all the
urcrk associated with managing the enforcement of the short{erm rental regulation in return for
a percentage of the incremental permitting fees, tax revenue and fine revenue that they help
their local government partners collect. Adopting short-term rental regulation and
outsourcing the adminidration and enforcement can thercforc be net-revenue positive
for the l*al government, while adding no or little additional wqk tothe plates of internal
staff . What's more, getting slarted generally requires no up-front investmenl long-term
commitment u complicated lT integration.
That said, while it is good to knowthat adopting and enforcing short-term regulation can be net
revenue positive if done in partnershipwith an epert firm, it is important to note that the
economic benefits are only a small part of the equation and that local govemment leaders
should also factor in the many non-economic benefits associated with managing and monitoring
the rapidly growing short-term rentalindustry in their localcommunities. These noneconomic
benefits are often much more important to the local citizens than the incremental tax revenue,
so even if the incremental revenue numbers may not seem materialin the context of a local
governrnent's overall budget, the problems that unregulated and/or unmonitored short-term
rentals can cause for the neighbors and other "innocent bystanders" can be quite material and
should therefore not be ignored. Or as Jessica C. l.{eufeld from Austin, TX who suddenly found
herself and her family living next to a "party house" reminds us. "We did not buy our house fo be
@ Host Compliance LLC | 735 Market St, Floor 4, San Francisco, CA 94103 | www.hostcompliance.com
NCAC #48
A PracticalGuide to Effectively Regulating short-term Rentals
:,*;.
HOSTCOMPLIANCE
liing next to a hotel' Would you buy a home if you knew a hotet likefhis raras operating nert
door, if you wanted to set your life up and raise a family?"ii.
Conclusion
ft is the responsibility of local government leaders to ensure that as few people as possible find
themselves in the same unfortunate situation as Jessica and her family. ln this vrtrite-paper vr,e
have outlined howto make it happen - in a revenue positive way. To find out more about how
u'e can help your community implement simple, sensible and enforceable short-term rental
regulation, feelfree to visit us on u /t ff.hostcompliance.com or call us for a free consultation on
(415) 715-9280. We vrould also be more than happy to provide you with a complimentary
analysis of the short-term rentallandscape in your localgovemment's jurisdiction and put
together an estimate of the revenue potential associated with adopting (or more actively
enforcing) short-term rental regulation in your community.
About the Author
Ulrik Binzer is the Founder and CEo of F{ost Compliance LLC, the industry leader in shortterm
rental compliance monitoring and enforcement solutions for local governments.
Ulrik got the idea to found F{ost Compliance when he was serving on a committee appointed by
his localtown council to study possible ways to regulate short{erm rentals in the local
community. ln preparation for his raork on the committee, Ulrik spent counfless hours
researching how other municipalities had approached the regulation of short-term rentals, and it
became evident that enforcing the regulations and collecting the appropriate taxes without the
support of sophisticated technology was virtually impossible. As a result, Ulrik set out to build
those tools and make them available to municipalities of allsizes at a fraction of the cost of what
it vrould cost them to build and run such technology intemally.
Prior to founding l-bst Compliance, Ulrik served as Chief Operating Officerof Work4 Labs - an
80 person Venture Capital backed technology company with offices in Silicon Valley and
Europe, and Soligent Distribution LLC - the largest distributor of solar equipment to local
governments and businesses in the Americas.
Before assuming executive management roles in technology companies, Ulrik served as Vice
President of the private equity firm Golden Gate Capital, as a strategy consultant at McKinsey &
Company and as an Officer in the Danish Army where he commanded a 42-person platoon and
graduated first in his class from the Danish Army,s Lieutenant school.
Ulrik received his M.B.A. from l-larvard Business Schoolwhere he was as a Baker Scholar (top
5% of his class) and earned his Bachelor of Science degree in lnternational Businessfrom
Copen h agen Business Schoo I a nd l.,lew york Un iversity.
@ Host Compliance LLc | 735 Market St, Floor 4, San Francisco, cA g4103 | www.hostcompliance.mm
NCAC #49
A PracticalGuide to Effectively Regulating Short-term Rentals
:j *'.
HOSTCOMPLArcE
Ulrik can be contacted on (415) 715-9280 or binzer@hostcompliance.com. You can followhim
and Host Compliance on twitteron @HostComoliance.
iGoogle News accessed on 1tSt2O16
ii l€w YorkTinres article: "l.Iew WorryforHone Buyers: AFarty House l.lext Door", October 10,2015
@ Host Compliance LLC | 735 Market St, Floor 4, San Francisco, CA 94103 | www.hostcompliance.com
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NCAC #75
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING PAINTED BIKE LANES
Commission ltem C4!, October 19, 2016
(Sponsored by Commissioner Rosen Gonzalez)
Jose Gonzalez, Transportation Director
lrem #7
NCAC #76
MIAMI BEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
To: Neighborhood/Community Affairs {orritt"" /
FRoM: Jimmy L. Morales, City Manager f[- b
DATE: January 27,2017
SUBJECT: DISCUSSION REGARD!NG PA!NTED BIKE LANES
BAGKGROUND
The Bicycle/Pedestrian Master Plan recently adopted by the City Commission includes the
recommendation for painting all existing bike lanes within City boundaries green to enhance
bicycle safety and raise driver awareness of bicycle facilities.
After numerous experiments throughout the country using different color pavement for bicycle
lanes, the U.S. Department of Transportation/Federal Highway Administration (FHWA)
considers green pavement markings to be effective in increasing the safety and awareness of
bike lanes and bicycle/pedestrian/vehicle conflict areas (FHWA Memorandum attached).
Bicyclist behavior has been modified for enhanced safety, in response to green painted bike
lanes. some of the observed benefits of green painted bike lanes follow:
o Many bicyclists report feeling safer on green colored pavement because motorists are
more aware of potential conflicts.o Green bike lanes facilitate traffic calming on local roadways by narrowing drivers' field of
vision and visually reducing the width of travel lanes and streets in general.o Green bike lanes have been effective in increasing safety for all road users and a key
element in creating complete streets.
Green paint fades over time, thus requiring more frequent maintenance; however, the benefits
resulting from the implementation of the green bicycle lanes have been determined to outweigh
the maintenance costs. lt is worth noting that various residents have offered testimony that with
the implementation of the green bicycle lanes, the width of the pavement feels narrower and
reduces their operating speed. The City is currently conducting some data collection at one of
the sites to corroborate this testimony with speed data. Data prior to implementation had been
collected at those corridors.
CONCLUSION
This item is being presented to the NCAC for discussion and further direction.
Attachment: FHWA Memorandum dated April 15, 2011
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F:\TRAI{\$ALL\Committee MemostNCACtA1IlWOVEMBERWCAC Memo RE Drscussrbn Regarding Green Bike Lanes.docx
NCAC #77
ATTACHMENT
It is important to note that.the green paint fades over time. Below are photos of the existing
green bike lanes along 16th Street (painted in February 2016) and the recently painted greei
bike lanes on Royal Palm Avenue (painted in October 2016).
Royal Palrnand 42 St (SB)Royal Palrn and tlZ St (NB)
16 St and MichiganAve(EB)16 St and Pennsylvania Ave (EB!
NCAC #78
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS"
Commission ltem R9D, October 19, 2016
(Sponsored by Commissioner Steinberg)
Tonya Daniels, Director of Communications
Ireu # 8
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DISCUSSION Ar CoTUMITTEe MEETING
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Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSS THE PLACEMENT OF FARAH SERVICE EUE SPORTS EQUIPMENT AT
DIFFERENT LOCATIONS THROUGHOUT THE CITY
Commission ltem C4A, November 9, 2016
(Sponsored by Commissioner Arriola)
John Rebar, Parks and Recreation Director
lreu #9
NCAC #91
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beqch, Florido 33139, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO: Chair and Members of the Neig
FRoM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJEGT: DISCUSSION REGARDING THE ENT OF FARAH SERVICE EUE
SPORTS EQUIPMENT AT DIFFERENT LOCATIONS THROUGHOUT THE
ctw.
BACKGROUND
At the June 29, 2016 Parks and Recreational Facilities Advi3ory Board meeting, Farah Service
presented the EUE Sports Equipment idea to the board members (Exhibit A). EUE is a sports-
use equipment with stretching and fitness functions that is equipped with a digital panel for
advertisements and information. lt is composed of stainless steel, digital sign and installed on a
durable deck. The EUE equipment brings to the city streets the opportunity for people to engage
in various physical activities outdoors for free. The company has offered to have this equipment
installed at no cost to the City, and will be responsible for all the required maintenance and
replacements. The cost of the fixtures and maintenance is offset by advertising on the digital
panel.
The Parks and Recreational Facilities Board unanimously motioned to recommend a pilot
program of 10 units to be dispersed throughout the City as the Parks and Recreation
Department sees fit (Exhibit B). The Parks and Recreation Department had evaluated several
locations and recommends the following:
1. Lummus Park(2 Stations)
2. Flamingo Park(2 Stations)
3. Polo Park (1 Station)
4. Maurice Gibb Memorial Park (1 Station)
5. Bandshell Park by the Sand Bowl (1 Station)
6. Normandy lsle Park (1 Station)
7. Fainray Park (1 Station)
8. Tatum Park (1 Station)
Street ends and right-of-way areas may also be considered such as West Avenue and 1Oth or
14th and along the Venetian Causeway.
At the November 9, 2016 City Commission meeting, a referral to the Neighborhoods/Community
Affairs Committee was made to discuss the placement of Farah Service EUE Sports equipment
at different locations throughout the City.
NCAC #92
REQUIRED ACTION
Committee vote to approve the placement of Farah Service EUE Sports equipment at different
locations throughout the City.
Attachment
Exhibit A - EUE Spor{s Equipment Presentation
Exhibit B - LTC 290-2016 Parks and Recreational Facilities Advisory Board June 29, 2016
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NCAC #93
Exhibit A
EUE Sports Equipment Presentation
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Exhibit B
LTC 29O-2O15 Parks and Recreationa! Facilities
Advisory Board June 29,}OLG Motion
NCAC #118
MIAMIBEACH
OFFICE OF THE CITY MANAGER
No LTC # 290-2016 LETTER TO COMMISSION
Mayor Philip Levine and Members odln" City Co
FRoM: Jimmy L. Morales, City Manager
DATE: July 5, 2016
SUBJECT: PARKS & RECREATIONAL FACILITIES ADVISORY BOARD MOTIONS
The purpose of this Letter to Commission (LTC) is to inform the Mayor and Commission of
three motions passed by the Parks and Recreational Facilities Advisory Board at its meeting
of June 29,2016.
1. BAGKGROUND:
Farah Service, a sustainable infrastructure company which markets social and
environmental responsibility and alternative media, has been in talks with the Parks and
Recreation Department to install outdoor exercising stations across the City. Made of
stainless steel, these stations are equipped with a digital panel for advertisements. The
company has offered to have equipment installed without any costs to the City, and will be
responsible for all required maintenance and replacements.
MOTION: THE PARKS AND RECREATIONAL FACILITIES ADVISORY BOARD
RECOMMENDS A PILOT PROGRAM OF 10 UNITS TO BE DISPERSED AMONG THE
CITY AS THE PARKS AND RECREATION OEPARTMENT SEES FIT.
MOTION MADE BY: Chris Growald
MOTION SECONDED BY: Paul Stein
MOTION PASSES: 10-0 (Motion Passes)
MEMBERS PRESENT FOR MOTION: Jenifer Caplan, Robert Gonzalez, Jonathan Groff,
Chris Growald, Carolina Jones, Wil Martinez, Lori Nieder, Stephanie Rosen, Eliane Soffer
Siegeland Paul Stein.
2. BACKGROUND:
The Parks and Recreational Facilities Advisory Board discussed coexistence within the
City, and agreed that Miami Beach should celebrate and commemorate its inclusiveness
by way of renaming a park "Tolerance Park".
EOTION: THE PARKS AND RECREATIONAL FACILITIES ADVISORY BOARD
RECOMMENDS CHANGING THE NAME OF BANYAN PARK TO TOLERANCE PARK.
: Robert GOnzalez
: Jonathan Groff
MOTION PASSES: 10-0 (Motion Passes)
MEMBERS PRESENT FOR MOTION: Jenifer Caplan, Robert Gonzalez, Jonathan Groff,
Chris Growald, Carolina Jones, Wil Martinez, Lori Nieder, Stephanie Rosen, Eliane Soffer
Siegeland Paul Stein.
NCAC #119
3. BACKGROUND:
The Parks and Recreational Facilities Advisory Board discussed the iconic lifeguard
stands on the beach and iconic structures at parks in other cities. The Board agreed the
City should commission a functional art park with a nontraditional play structure at a park.
MOTION: THE PARKS AND RECREATIONAL FACILITIES ADVISORY BOARD
RECOMMENDS THE DESIGN AND EQUIPMENT OF A PARK BE UNIOUE TO THE
CITY OF MIAMI BEACH AND AS AN EXAMPLE, FOLLOW THE DESIGN OF THE
MONSTRUM THEMATIC PLAYGROUNDS.
MOTION MADE BY: Jonathan Groff
MOTION SEGONDED BY: Carolina Jones
MOTION PASSES: 9-0 (Motion Passes)
MEMBERS PRESENT FOR MOTION: Jenifer Caplan, Robert Gonzalez, Jonathan Groff,
Chris Growald, Carolina Jones, Wil Martinez, Lori Nieder, Stephanie Rosen and Eliane
Soffer Siegel,
*_,fivw
NCAC #120
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
MONTHLY CRIME UPDATE
Commission ltem R9D, April 13,2011
(Sponsored by Commissioner Grieco)
Samir Guerrero, Police Major
lreu # 10
NCAC #121
DISCUSSIoN Ar CoruMmTEr MEETING
NCAC #122
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION ABOUT ADDING A CROSSWALK TO THE 9OO BLOCK OF NORMANDY
DRIVE
Commission ltem R9X, November 9, 2016
(Sponsored by Commissioner Steinberg)
Jose Gonzalez, Transportation Director
lrem # 11
NCAC #123
DISCUSSION Ar CoruMffTEr MEETING
NCAC #124
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION ON ADDING ILLUMINATED CROSSWALKS OR RAPID RECTANGULAR
FLASHING BEACONS ON WEST AVENUE
Commission ltem C4F, December 14, 2016
(Sponsored by Commission Arriola)
Jose Gonzalez, Transportation Director
lreu #12
NCAC #125
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
ITTEE MEMORANDUM
TO:Neig hborhood/Comm unity Affairs
FROM:
DATE:
SUBJECT: DISCUSSION ON ADDING ILLUMINATED CROSSWALKS OR RAPID
RECTANGULAR FLASHING ON WEST AVENUE
BACKGROUND
ln April 2015, the City of Miami Beach Commission accepted via Resolution the
recommendation of the Neighborhood/Community Affairs Committee to move forward with the
installation of lnternally llluminated (LED) Crosswalks on a pilot basis at two (2) unsignalized
crosswalk locations in the City for a one (1) year period. Based on community and City
Commission input, the LED Crosswalks were installed at Alton Road and 1st Street and at
Liberty Avenue and 22nd Street. ln order to assess the benefits of the LED Crosswalks, the
Transportation Department engaged a traffic engineering consultant to conduct an effectiveness
study for the LED Crosswalk installed at Alton Road and 1't Street. This location was chosen for
the study because its specific geometric conditions, roadway width, and speed limit were found
ideal to determine the effectiveness of the devices. The effectiveness study also assessed the
benefit-cost ratio of the LED Crosswalk systems including maintenance/repairs of the devices.
lnternally llluminated/LED Crosswalks are relatively new traffic devices that are being used to
alert approaching motorists of the presence of pedestrians in or about to enter an unsignalized
mid-block crosswalk or a marked crosswalk on an uncontrolled approach of an intersection. This
type of enhanced crosswalk consists of a series of LED-lighting units encased in a durable
housing embedded in the pavement parallel with the marked crosswalk. The LED lights are
activated by a pedestrian either by a push-button or a passive detection mechanism and are
aimed to flash toward approaching vehicular traffic for greater effectiveness. For the City's pilot
program, LED crosswalks with push-button mechanisms were installed at both test locations.
ANALYSIS
To conduct the effectiveness study, field behavioral and compliance observations were
collected in November 2015, prior to the installation of the LED Crosswalk system. The LED
Crosswalk system was installed on December 16,2015. Post-installation data was collected in
May 2016 and again in October 2016. The data was collected on a weekday (7:00 AM - 1 1:00
AM and 4:00 PM - 8:00 PM) and weekend (10:00 AM - 2:00 PM and 4:00 PM - 8:00PM). The
observations conducted by the consultant recorded the following conditions and behaviors:
o Whether pedestrians would cross at the LED Crosswalk or outside the crosswalko Whether pedestrians were distracted and use the LED Crosswalk or noto Whether the drivers would yield to the pedestrian at the LED Crosswalko Whether drivers were distracted as they approached the crosswalk when pedestrians
were present
Jimmy L. Morales, City
January 27,2017
NCAC #126
NCAC Memorandum: Discussion Regarding llluminated Crosswa/ks or Rapid Rectangular Flashing Beacons on West
Avenue
January 27, 2017
Page 2 of 4
To determine drivers' compliance to yield to pedestrians, a marker or traffic cone was placed at
a distance of 250 ft. from the crosswalk approaches. This distance was determined based on
the safe stopping-sight distance for a vehicle approaching the crosswalk when a signal indicates
that a pedestrian is present. Based on when the vehicle began breaking relative to the 250 ft.
safe stopping area demarcated by the traffic cone, it is clear to the observer if the motorists
yielded to the pedestrian at the moment in which the LED Crosswalk was engaged.
The post-installation observations were conducted in May 2016 and October 2016. During that
time, performance issues and any necessary maintenance/repair of the devices were being
recorded for benefit-cost calculations.
The results of the post-installation observations at the Alton Road/1't Street LED crosswalk
indicate that, in general, there was an increase of vehicles yielding to pedestrians as compared
to the pre-installation observations. During the weekday, approximately 16% more drivers
traveling northbound on Alton Road yielded to pedestrians after the LED Crosswalk system was
installed. Similarly, the effectiveness study documents a 12o/o increase of drivers yielding to
pedestrian when traveling southbound on Alton Road. For drivers turning right onto Alton Road
from 1't Street, there was no positive change observed.
During the weekend observations, approximately 12o/o more drivers traveling northbound on
Alton Road yielded to pedestrians after the LED Crosswalk system was installed. Similarly, the
study documents a 160/o increase of drivers yielding to pedestrian when traveling southbound on
Alton Road. Contrary to the weekday observations, during the weekend, an improvement of
about 16% was observed for those drivers turning right onto Alton Road from 1't Street. The
pedestrian behavior comparison indicates that after the LED Crosswalk system was installed,
approximately 260/o more pedestrians use the crosswalk to cross Alton Road on weekdays and
21o/o during the weekend.
lmplementation and Maintenance Costs - Benefit-Cost Analvsis
The cost to furnish and install the LED-illuminated Crosswalk system at Alton Road and 1't
Street was V4,724. Over the duration of the 1-year pilot program, the maintenance/repair cost
associated with this device was approximately $6,000. This cost includes replacement of four
(a) light assemblies that failed due to water-intrusion. Based on the review of the total
installation and maintenance costs over the past year (950,719), the crash reduction factor of
29% (common crash reduction factor for these types of enhanced crosswalk devices), and the
increased compliance from vehicular traffic in yielding to pedestrians, the benefit-cost analysis
indicated that the installation of LED Crosswalks is both feasible and effective with a benefit-
cost ratio of 2.09.
Maintenance
The devices are currently under manufacturer warranty. Through the first year of
implementation, all maintenance has been at no cost to the City; however, the contractor
conducting maintenance in the Florida region is not local and has not provided the level of
service desired by the City. As such, for future implementations, the City will consider working
with a local contractor to ensure a speedy and convenient service. The City will be seeking a
warranty credit from the manufacturer on future installations.
NCAC #127
NCAC Memorandum: Discussion Regarding llluminated Crosswa/ks or Rapid Rectangular Flashing Beacons on West
Avenue
January 27, 2017
Page 3 of 4
Warrant Analysis
Currently, no warrant analysis exists in the US Department of Transportation's (USDOT) Manual
of Uniform Traffic Control Devices (MUTCD) to help traffic engineers determine the need for
LED Crosswalks; however, staff has reviewed applicable guidelines developed by the Federal
Highway Administration (FHWA) and other local governmental agencies for installation of Rapid
Rectangular Flashing Beacons (RRFB) and Pedestrian Flashing Beacons. Based on their
analysis, staff is recommending the following guidelines to help determine the need for
installation of LED Crosswalks in the City of Miami Beach:
a. ln-Roadway Light Assemblies (LED Crosswalks) shall not be permitted at signalized
intersections
b. ln-Roadway Light Assemblies (LED Crosswalks) shall not be permitted at stop-controlled
intersections
c. ln-Roadway Light Assemblies (LED Crosswalks) shall be considered on roadways with
following characteristics:L Roadways with speed limits under 35 miles per houri. Pedestrian volumes higher than 35 pedestrians per hour but lower than
80 pedestrians per hour in a 4-hour interval
ii. Vehicular volumes higher than 200 vehicles per hour and 1650 vehicles
per hour in the corresponding 4-hour interval
iii. Crosswalk length shall not exceed 65 feet (not including parking)!1. Roadway with speed limits above 35 miles per houri. Pedestrian volumes higher than 35 pedestrians per hour but lower than
80 pedestrians per hour in a 4-hour interval
ii. Vehicular volumes higher than 200 vehicles per hour and 1650 vehicles
per hour in the corresponding 4-hour interval
iii. Crosswalk length shall not exceed 65 feet (not including parking)
Potential LED Crosswalk Locations
Based upon prior requests for pedestrian crossing enhancements and preliminary site reviews,
staff has identified the following crosswalk locations for potential installation of LED-Crosswalks
provided the locations meet the warrant guidelines listed above.
o West Avenue and 6th Streeto West Avenue and 9th Streeto West Avenue and 12m Streeto West Avenue and 13th Streeto Collins Avenue and 83'd Street. 77th Street and Byron Avenue. lndian Creek Drive and 41't Street. North Michigan Avenue and 43'd Street
Coordination with Miami-Dade Countv and Florida Department of Transoortation
It is worth noting that prior to implementation of additional LED Crosswalks, the above warrant
guidelines developed by City staff shall be reviewed and approved by both Miami-Dade County
and the Florida Department of Transportation (FDOT) for installation of these devices on local,
collector, and arterial roadways under their respective jurisdiction. Additionally, a Memorandum
NCAC #128
NCAC Memorandum: Discussion Regarding llluminated Crcsswa/ks or Rapid Rectangular Flashing Beacons on West
Avenue
January 27, 2017
Page 1of1
of Understanding may be required with the County and FDOT, as appropriate, to stipulate
agency responsibilities in terms of installation and maintenance.
CONCLUSION
This item is being presented to the NCAC for discussion and further direction.
Attachment: I n-Roadway Light Assemblies Effectiveness Study
Aw >76
I(GB/JRG/JFDI
F:\TMN\$ALL\Committee MemosNCAC\2O17Uanuary\NCAC Memo lntemally llluminated Crosswalks.doo<
NCAC #129
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISGUSSION TO CONSIDER EXPANDING THE MIAMI.DADE COUNTY HUMAN
TRAFFICKING SIGNAGE ORDINANCE AND REQUIRING THAT A SIGN BE DISPLAYED
THROUGHOUT ALL ESTABLISHMENTS IN MIAMI BEACH
Commission ltem C4O, December 14, 3016
(Sponsored by Commissioner Alem6n)
Aleksandr Boksner, Deputy City Attorney
lrem # 14
NCAC #130
DIScusSIoN Ar CoTuMITTEe MEETING
NCAC #131
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DrscussroN REGARDTNG Bump-ours oN 40rH STREET
Commission ltem C4P, December 14, 2016
(Sponsored by Commissioner Rosen Gonzalez)
Jose Gonzalez, Transportation Director
lreu # 15
NCAC #132
DISCuSSIoN Ar CoUIMITTES MEETING
NCAC #133
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING TRAFFIC CALMING PER THE REQUEST OF THE SUNSET
ISLAND IAND II HOMEOWNERS
Commission ltem C4Q, December 14, 2016
(Sponsored by Commissioner Steinberg)
Jose Gonzalez, Transportation Director
lreu # 16
NCAC #134
DIScussIoN Ar CoruMffTEr MEETING
NCAC #135
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING FUNDING FOR A PERMANENT PARK RANGER DETAIL AT THE
NORTH SHORE COMMUNITY YOUTH CENTER RECREATIONAL AREA
Commission ltem C4T, December 14.2016
(Sponsored by Commissioner Alem6n)
John Rebar, Parks and Recreation Director
lreu # 17
NCAC #136
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMM
ro: Chair and Members of the Neigh
FRoM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJECT: A DISCUSSION REGARDING
RANGER DETAIL AT THE
NG FOR
SHORE
CENTER RECREATIONAL AREA
At the January 11, 2016 City Commission meeting, Commissioner John Elizabeth Aleman
referred the discussion regarding funding for a permanent Park Ranger detail at the North Shore
Park Youth Center recreational area to the Neighborhood/Community Affairs Committee
(NCAC).
ln light of recent illicit activities that have taken place at North Shore Park, two (2) Part-Time
Park Rangers are being requested in order to provide uninterrupted service during peak park
hours. Exhibit A illustrates a sample work schedule. One Park Ranger will always be on duty on
weekdays from 3:00p.m. - 9:00p.m. and on weekends from 3:30p.m. - 9:00p.m. Any surplus
hours may be used to rove other North Beach Parks, cover breaks at North Shore Park and be
available for emergency coverage.
The total budget request is estimated at $99,058.70 (Exhibit B) to fund the salaries, uniforms, lT
equipment, necessary certifications and bikes. One (1) Part{ime Park Ranger position was
originally requested for North Shore Park during the FY 2017 Budget Hearings and was not
approved for funding.
ACTION REQUIRED
Committee vote to approve the funding of two (2) Part-Time Park Rangers at North Shore Park
that will provide uninterrupted service during speak park hours.
Attachment
Exhibit A - Sample Work Schedule
Exhibit B - Budget Enhancement Request
A PERMANENT PARK
COMMUNITY YOUTH
E MEMORANDUM
,r*,{u.,ilL
NCAC #137
Exhibit A
Sample llVork Schedule
NCAC #138
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Exhibit B
Budget En hancement Reguesf
NCAC #140
FY2OL6 I L7 OPERATI NG BU DG ET EN HAN CEM ENT REQU EST
ENHANCEMENT NAME Park Ranqers for North Shore Park Youth Center
BUDGET YEAR FY2016/17
DURATION Reoccuring
PKDTYPE
( E F F ICI E N CI ES, RE DUCTIONS,
ENHANCEMENTS)
This enhancement is being requested to increase the current level of service at North Shore
Park Youth Center.
Kto
(KEY INTENDED OUTCOME)
Ensure that a Universal Culture of High Quality Customer-Service is Driving the Conduct of
the City Commission and all City Employees.
DESCRIP
(DESCRtPTtON)
This enhancement entails the addition of Park Rangers to include coverage at North Shore
Park Youth Center.
JUSTIFY
(JUSTtFtCAT|ON)
The Parks and Recreation Department has dlscussed and find it necessary to have a Park
Ranger on at North Shore Park during the time of the day with the highest activity in order to
increase the current servrce level. With the recent crime events that have taken place at the
park, the request of (2) two Part-Time Park Rangers are being requested in order to provide
uninterrupted service during peak park hours.
YEAR 1 IMPACT
$99,058.70
COMMENTS
(DESCRIPTION)
NCAC #141
FY2OL6 I 17 OPERATI NG B U DG ET EN HANCEM ENT REqU EST
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000165
000331
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NCAC #142
Make/Model QuantiW
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Description Quantity Cost Total
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NCAC #143
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NCAC #144
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING THE CONCESSION AGREEMENTS FOR MOTORTZED AND
NON.MOTORIZED VESSELS AT THE BARRY KUTUN BOAT RAMP LOCATED AT MAURICE
GIBB MEMORIAL PARK
Commission ltems C7D,C7E,C7F,C7H, R7L, and R7M, December 14,2016
(Parks and Recreation)
John Rebar, Parks and Recreation Director
lrem # 18
NCAC #145
MIAMIBEACH
City of Miomi Beoch, lTOO Convention Center Drive, Miomi Beoch, Florido 33I39, www.miqmibeochfl.gov
COMMITTEE MEMORANDUM
To: Chair and Members of the Neigh
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2017
Affairs Committee
SUBJECT: A DISCUSSION REGARDING CONCESSION AGREEMENTS FOR
KUTUN BOAT RAMPMOTORIZED AND NON.MOTORIZED VESSELS AT THE BARRY
LOCATED AT MAURICE GIBB MEMORIAL PARK.
BACKGROUND
The double lane boat ramp at Maurice Gibb Memorial Park is a no-fee marine vessel launch
facility, with 11 trailer parking spaces. Historically, the City has received numerous complaints
concerning both the commercial use of the boat ramp and conflicts between operators of
motorized and non-motorized vessels.
At the October 31,2014 Neighborhoods and Community Affairs Committee (NCAC) meeting,
the Committee directed Administration to research and assess options for regulating the use of
the boat ramp.
On January 30,2015, John Rebar, Parks and Recreation Director, provided the NCAC with a
presentation and discussion on the potential options to manage and improve marine activities at
the Barry Kutun Boat Ramp (the Boat Ramp) at Maurice Gibb Memorial Park (the Park).
Following the discussion, the NCAC recommended that the Mayor and City Commission direct
the Administration to proceed with construction of a floating dock for non-motorized marine
vessels at the Park, from which non-motorized vessels including, without limitation, kayaks,
canoes, and paddleboards, may be launched, and to develop and implement a plan to control
access to the Barry Kutun Boat Ramp Park and to limit its use to City of Miami Beach residents
for non-commercial uses only.
On March 30, 2015, Commission accepted the recommendation from NCAC and adopted
Resolution No. 2015-28957(Exhibit A), which authorizes the Administration to proceed with the
construction of a floating dock for non-motorized marine vessels at Maurice Gibb Park, located
at 18th street and Purdy Avenue, Miami Beach FL; establish a policy for commercial use of the
boat ramp at Maurice Gibb Park; and in consultation with the City Attorney's Office, to develop
and implement a plan to limit access to the Boat Ramp.
Following the direction provided by resolution, residents must register their tow vehicle through
the Parking Department and only residential vehicles with boat trailers will be allowed to park in
municipal parking lot P-45. The metered parking at the Park will remain available to residents
NCAC #146
and non-residents. The enforcement and regulation of these changes at the Boat Ramp will be
made through the proposed ordinance.
On May 11, 2016, Commission passed the ordinance on first reading, with direction to amend to
include a provision for water taxis, permitting or licensing amphibian tours, and/or permitting
with kayak renters.
On July 13, 2016, the City Commission adopted Ordinance 2016-4022 (Exhibit B), which
amended the section of the City's Code that prohibited commercial transactions, activities or
operations at the Boat Ramp and the Park (Chapter 82). Said ordinance amendment authorizes
commercial transactions, activities or operations within public property, including the Boat Ramp
and the Park, provided a concession agreement is authorized by the City Commission. As per
Commission's request, Administration began to proactively contact the two amphibious tour
companies and South Beach Kayak to enter into a Concession Agreement (Exhibit C) for use of
the Boat Ramp at the Park.
At the October 19, 2016 City Commission meeting, the three above mentioned concession
agreements were placed on the Commission Meeting Agenda. Following the understood intent
of the Commission's direction all other applicants were turned away by the Parks and
Recreation Department. Commissioner Kristen Rosen Gonzalez placed a discussion item on
the agenda to consider Miami Jetski Exotics Rentals, lnc.'s application for concession operation
at the Boat Ramp. She explained to the Commission that the applicant should be given a
concession permit in order to operate similar to the amphibious tours and kayaks. Vice-Mayor
Michael Grieco mentioned that the Commission allowed for concession agreements pursuant to
the passage of the Ordinance for amphibious tours and for kayaks. Vice-Mayor Grieco stated
that he will only support extending concession agreement opportunities to jet ski operations in
Sunset Harbor as long as they do it as tours.
Direction was given to staff by acclamation to negotiate a tour based concession agreement
with Miami Jetski Exotics to be brought to Commission for approval. Also, Resolution 2016-
29617 (Exhibit E) was adopted directing the City Manager to place all future applications for
commercial concession operations at the Boat Ramp on a NCAC agenda for the Committee's
consideration and recommendation prior to the City's Commission consideration of such
commercial concession operation and related concession agreements.
At the November 18, 2016 Neighborhoods/Community Affairs Committee Meeting, a discussion
was held to consider Hector Watersports, lnc.'s and Miami Watersports LLC D.B.A. Miami
Beach paddleboard and Kayak Rental's application for concession operations at the Boat Ramp
located within the Park. The Committee did not vote on the item and moved the item to the
December 2016 Commission Meeting for the Commission for consideration.
At the December 14,2016 Commission Meeting, the following (6) six companies were placed
on the agenda to possibly file into a concession agreement with the City for use of the Boat
Ramp:
1. Duck Tours South Beach LLC.
2. Miami Land and Sea Pirate Adventure lnc.
3. South Beach Kayak, lnc.
4. Miami Jetski Exotics Rental lnc.
5. Hector Watersports, lnc.
6. MiamiWatersports LLC D.B.A. Miami Beach Paddleboard and Kayak Rentals
NCAC #147
The items were referred to NCAC by acclamation in order for the committee to evaluate the
regulations and the amount of companies and operations that may use the boat ramp.
Meanwhile the businesses that are currently operating out of the boat ramp may continue
operating on a month-to-month basis untilthe City finds a long{erm solution.
The (6) six companies mentioned above are outlined in Exhibit F with information on their
vessels and proposed operations.
Concurrently City Commission approved a Water Taxi Pilot Program to operate out of the Barry
Kutun Boat Ramp. Following Water Taxi's experience during their Art Basel taxi service, Water
Taxi has expressed serious concerns and opposition to commercial use of the ramp as it relates
to their ability to provide safe and orderly service. ln addition to the six applicants to utilize the
ramp there are numerous other entities engaging in unauthorized commercial activity.
It is important to note that the intended regulation of this activity would have been achieved
through the park ranger program. During the FY 2017 Budget Hearings, pursuant to direction
from the City Commission at the April 1 3, 2016 City Commission meeting and Resolution 2016-
29370 (Exhibit D), the Parks and Recreation Department requested a full-time Park Ranger
during the day to prevent unauthorized commercial operations at the Boat Ramp. Two
enhancement options that were presented were:
1. Park Rangers scheduled for 7 days a week tor 12 hours a day, which resulted in the
request of one (1) Full-Time Park Ranger and two (2) Part-Time Park Ranger positions.
(Total: $128,328.30)2. Park Rangers scheduled for Friday-Sunday from 1 1:30am-7:00pm, which resulted in the
request of one (1) Part-Time Park Ranger position. ffqta! $41,726.10)
Neither of the above requested FY 17 enhancements were approved to be funded.
As we move forward, it is important to keep in mind that the Park is currently undergoing a
master plan for redevelopment. Any approved commercial operations should be consistent with
the vision of the "new park."
NEIGHBORHOOD ASSOCIATION FEEDBACK
Administration has been in communication with the Belle lsle and Sunset Harbour
Neighborhood Associations for their feedback on the proposed concession agreements. Both
Neighborhood Associations expressed their concerns and opposition to amphibious tours andjet skis at the boat ramp; and the area in general due to noise. The residents also both
expressed that although they are opposed to motorized vessels, they do not have any issues
with paddleboards and kayaks launching from the ramp until the non-motorized vessel dock is
built.
ACTION REQUIRED
Committee vote on the direction Administration should take on allowing commercial operations
at the Barry Kutun Boat Ramp at Maurice Gibb Memorial Park.
NCAC #148
Attachments:o Exhibit A: Resolution No. 201528957o Exhibit B: Ordinance 201&4022c Exhibit C: Draft Concessrbn Agreemento Exhibit D: Resolution No. 201&29370o Exhibit E: Resolution No.201629617o Exhibit F: Cunent Concession Agreement Applicants
,,-rrry
4
NCAC #149
Exhibit A: Resolution No. 2075-28957
NCAC #150
EXHIBIT A
RESOLUTION NO.2015-28957
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOTIIMENDATION OF
THE NEIGHBORHOOD'COMMUNITY AFFAIRS COMMITTEE AT ITS
JANUARY 30, 2Ot5 MEETING, AND AUTHORIZING THE ADMINISTRATION
TO PROCEED WTH THE CONSTRUCTION OF A FLOATING DOCK FOR
NON.MOTORIZED MARINE VESSELS AT MAURICE GIBB PARK,
LOCATED AT ISth STREET AND PURDY AVENUE, MIAMT BEACH,
FLORTDA; ESTABLISH A POLICY FOR COMMERCIAL USE OF THE BOAT
RAMP AT MAURICE GIBB PARK; AND, lN CONSULTATION WTH THE
CITY ATTORNEY'S OFFICE, TO DEVELOP AND IMPLEMENT A PLAN TO
LIMIT ACCESS TO THE BOAT RAMP.
WHEREAS, public access to the double-lane boat ramp at Maurice Gibb Park is cunently
unrestricted and unregulated; and
WHEREAS, currently, individuals who wish to launch non-motorized marine vessels,
including kayaks, canoes, and paddleboards, are limited to launching from the boat ramp at
Maurice Gibb Park and the non-motorized vessel ramp at Pinetree Park; and
WHEREAS, the City has received complaints from City residents of conflicts between
commercial and non-commercial operators of motorized and non-motorized vessels due to the
lack of order relative to traffic in and out of the boat ramp at Maurice Gibb Park; and
WHEREAS, in an effort to address the complaints of City residents, the Mayor and City
Commission voted on October 22, 2014, to refer a discussion item to the
Neig hborhood/Community Affairs Comm ittee (" NCAC") ; and
WHEREAS, at the October 31,2014 NCAC meeting, the NCAC directed the Administration
to research and assess options for regulating access to and the use of the boat ramp; and
WHEREAS, at the December 19, 2014 NCAC meeting, the Administration provided a
preliminary status report concerning possible solutions to improving the efficiency of traffic to
and from the boat ramp; and
WHEREAS, on January 30, 2015, John Rebar, Parks and Recreation Director, presented
options toihe NCAC to improve access for City residents to the boat ramp; and
WHEREAS, based on the analysis conducted by City staff, and the input of the Miami
Beach Marine Waterfront Protection Authority, the Administration recommended the following
initial steps to the NCAC at its January 30, 2015 meeting:
o Build a floating dock adjacent to Mauiice Gibb Park from which non-motorized marine
vessels may be launched;o Establish a policy for commercial use of the boat ramp; and. Develop and implement a plan, in coordination with the Parking Department, to limit
access to the boat ramp, including electronic permitting and enforcement; and
NCAC #151
WHEREAS, the NCAC recommended that the Mayor and City Commission direct the
Administration to proceed with construction of a floating dock for non-motorized marine vessels
at Maurice Gibb Park, from which non-motorized vessels including, without limitation, kayaks,
canoes, and paddleboards, may be launched, and to develop and implement a plan to control
access to the boat ramp at Maurice Gibb Park and to limit its use to Gity of Miami Beach
residents for non-commercial uses only.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its January 30, 2015 meeting, and authorize the Administration to proceed with
the construction of a floating dock for non-motorized marine vessels at Maurice Gibb Park,
located at 18th Street and Purdy Avenue, Miami Beach, Florida, establish a policy for
commercial use of the boat ramp at Maurice Gibb Park, and, in consultation with the City
Attorney's Office, to develop and implement a plan to limit access to the boat ramp.
PASSED and ADOPTED this ll aay ot
ATTEST:
filarcL 2015.
3,? tg:
-1 Dote
Rafael E. Granado
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NCAC #152
Exhibit B: Ordinance 2016-4022
NCAC #153
EXHIBIT B
oRD|NANCE NO. 20164022
AN ORDINANCE OF THE MAYOR AND CITY COMMISSTON OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE I, ENTITLED "!N GENERAL'';
BY AMENDING SECTION 82.1, ENTITLED "CONDUCTING BUSINESSON STREETS, PARKS OR OTHER PUBLIC PROPERW;
ENFORCEMENT; PENALTIES; UNPAID FINES TO CONSTITUTE
L|ENS," BY CREATTNG SUBSECTTON (B) WHTCH EXPRESSLY
PROHIBITS COMMERCIAL TRANSACTIONS, ACTIVITIES OR
OPERATIONS AT ANY PARK, BOAT RAMP, BEACH, STRUCTURE
BUILDING OR OTHER PROPERTY OR PLACE OWNED, MAINTAINED
OR OPERATED BY THE CIW; BY PROHIBITING ANY PORTION OF
THE COMMERCIAL TRANSACTION, ACTIVITY OR OPERATION TO
DIRECTLY OR INDIRECTLY OCCUR AT ANY PARK, BOAT RAMP,
BEAGH, STRUCTURE BUILDING OR OTHER PROPERTY OR PLACE
OWNED, MAINTAINED OR OPERATED BY THE CITY; BY MODIFYING
suBsEcTtoN (c), wHrcH AMENDS THE EXTSTING EXEMPTTON
AUTHORITY OF THE CITY MANAGER FOR THE RENDERING OF
SERVICE TO THE PUBLIC; AND CREATING AN ADDITIONAL
EXEMPTION TO THE PROHIBITIONS SET FORTH IN SECTION 82.
1(A) AND (B), THAT WOULD REQUTRE THE CITY COMMTSSTON TO
APPROVE A CONCESSION AGREEMENT AUTHORIZING
COMMERCIAL ACTIVITIES OR OPERATIONS; AND BY CREATING
suBsEcTtoN (D), wHtcH ts A NEw ENFORCEMENT AND PENALW
PROVISION FOR VIOLATIONS, LIMITING THE AUTHORIW OF THE
SPECIAL MASTER, AND INCREASING THE MONETARY FINES;
PROVIDING FOR REPEALER, SEVERABILITY, COOIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission recognize the importance of the City's
public property to the residents and visitors of the City of Miami Beach; and
WHEREAS, the City prohibits commercial transactions, activities or operations, unless
expressly authorized by the City Manager upon its public property, or pursuant to a concession
agreement, that is approved by the City Commission; and
WHEREAS, illegal and unauthorized commercial transactions, activities and operations
upon City property, creates a dangerous and hazard situation, which is a direct threat to the
residents and visitors of the City for potential unscrupulous conduct; and
WHEREAS, the City is legally obligated to ensure the health, safety and welfare of its
residents and visitors who utilize its public facilities, and illegal commercial transactions,
activities and operations unnecessarily exposes the City to unwarranted potential liability; and
WHEREAS, the Mayor and City Commission affirmatively acknowledge that commercial
transactions, activities or operations must be prohibited at the City's parks, boat ramp(s), beach,
structures, building or other property or place owned and maintained or operated by the City,
unless expressly authorized by the City Manager or the City Commission.
NCAC #154
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTTON 1. That Section 82-1 of Article I of Chapter 82 ot the Code of the City Miami Beach
is hereby amended as follows:
CHAPTER 82
PUBLIG PROPERW
ARTICLE l.*ln General.
Sec. 82-1. Conducting business on streets, parks or other public property; enforcement;
penalties; unpaid fines to constitute liens.
(a) P+ehibit+ens, lt shall be unlaMul for any person, while in or on any public street, avenue or
alley, or any park, beach, structure, building or other property or place owned, maintained
or operated by the city for public use, to sell, rent or offer for sale or rent to the public any
article, commodity or service of any nature whatsoever, other than newspapers of general
circulation duly entered in the United States Postal Service.
(b) lt shall be unlaMul for anv commercial business opetator, establishment. entitv,
oroanization or companv that sells or rents merchandise, oroducts. ooods or services. or
enoaoes in anv service that sells or rents merchandise, oroducts or ooods. includino those
commercial operators that transoort passenoers, are+rehibi&ed from conductino anv oortion
of the commercial transaction. activitv or operation at anv oark ffi
ffi. boat ramo. beach. structure. buildino or other orooertv or
olace owned. maint . A commercial transaction. activitv or
operation will be deemed to have occurred
if anv direct, indirect. otincidental oortion of the
commercial transaction. activitv or operation takes place at
W,oruses,aCitvpart
propertv or place ow (includino lhe-Balry-Kufun
BOatLBamp that is located within the Maurice Gibb Memorial Park anrce+#*he4lk+be
g@} Exemptions. This section shall not apply to:
(1) Employees of the city acting for. and on behalf of* the city, e+4ope+soes as-rpecifically
alhodzed bv the Citv
Manager;i or
A te pEersons spee+Cie*S authorized to render service to the public in any place abe+t
d€€€ribed set forth in subsectio , by the City Manager, pfryide.d-lhe
rendered service is a c
the Citv's oublic orooertv; or
G2 n commercial Uus ion_orompanv_is
NCAC #155
([g Persons participating in any art show or exhibit held on all city properties under the
specific authorization of the city commission and who are exhibiting paintings or
objects of art produced or created by such persons.
€}GI E
Penalties and enforcement.
(1'l A violation of this Section shall be subiect to the followino fines:
e. lf the violation is the first otfense. a person or business shall receive a
civil fine of $250.00:
b. lf the violation is the second violation within the precedinq six months. a
person or business shall receive a civil fine of $500.00:
c. lf the violation is the third violation within the precedinq six months. a
person or business shall receive a civil fine of $1.000.00: and
d. lf the violation is the fourth or subseouent violation within the orecedinq
six months, a person or business shall receive a civil fine of $2.000.00.
(2) Enforcement. The Miami Beach pPolice dDepartment-er the Code Compliance
Deoartment. or the Parks and Rec shall enforce this section.
This shall not oreclude other law enforcement aoencies from anv action to assure
comoliance with this section and all aoplicable laws. lf a violation of this section
is observed. the enforcement officer will be authorized to issue a notice of
violation. The notice shall inform the violator of the nature of the violation.
amount of fine for which the violator is liable. instructions and due date for oavino
the fine. that the violation mav be aooealed bv requestino an administrative
hearino before a special masterwithin ten (10) davs afterservice of the notice of
violation. and that the failure to aooeal the violation within ten (10) davs of
service shall constitute an admission of the violation and a waiver of the riqht to a
hearino.
lQ Riqhts of violators: oavment of fine: rioht to aooear: failure to oav civil fine or to
apoeal: appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect to either:
j. pay the civil fine in the manner indicated on the notice of violation: or
ii. request an administrative hearinq before a special master to aooeal
the notice of violation. which must be reouested within ten (10) davs
of the service of the notice of violation.
NCAC #156
b. The procedures for aooeal bv administrative hearinq of the notice of violation
shall be as set forth in sections 30-72 and 30-73 of this Code. Applications for
hearinos must be accompanied bv a fee as aoproved bv a resolution of the
citv commission. which shall be refunded if the named violator prevails in the
aPPeal.
c. lf the named violator. after issuance of the notice of violation. fails to oay the
civil fine. or fails to timelv request an administrative hearinq before a special
master, the special master mav be informed of such failure bv report from the
police officer. The failure of the named violator to aooeal the decision of the
police officer within the prescribed time period shall constitute a waiver of the
violator's rioht to an administrative hearino before the soecial master. and
shall be treated as an admission of the violation. for which fines and oenalties
shall be assessed accordinqlv.
d. A certified coov of an order imoosino a fine mav be recorded in the public
records, and thereafter shall constitute a lien upon anv real or personal
propertv owned bv the violator. which mav be enforced in the same manner
as a court iudoment bv the sheriffs of this state. includino levv aoainst the
violator's real or oersonal propertv. but shall not be deemed to be a court
iudoment except for enforcement ourooses. On or after the sixtv-first (61st)
dav followino the recordino of anv such lien that remains unoaid. the Citv mav
foreclose or otherwise execute upon the lien.
e. Any oartv aoqrieved bv a decision of a special master mav appeal that
decision to a court of comoetent iurisdiction.
L The soecial master shall be prohibited from hearinq the merits of the notice of
violation or considerinq the timeliness of a request for an administrative
hearino if the violator has failed to reouest an administrative hearino within
ten (10) davs of the service of the notice of violation.
g The soecial master shall not have discretion to alter the oenalties prescribed
in subsection (dX1).
i
iea
iee
NCAC #157
@;
@
in
subseetien{eX4+
ieie+inM
(5) The eity may institute preeeedings in a eeurt ef eempetent juriedietien te eempel
paymen+efeiviUines,
frem the filing ef any sueh{ien whieh remaine un^aidi the eity ma)' fereelese er
@ien=
(d) lPreeeduiee fer appeat*J The preeedures fer appeal ef the netiee ef vielatien by
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. GOOIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," uarticle," or other appropriate word.
5
NCAC #158
PASSED AND ADOPTED this 13 A"Y OL&/9,, ,
(
a/'..
RafaelE Granado
Underline denotes additions
Strit<etnreugh de notes de I etions
Dsuble-undedine denotes additi
@denotes
(Sponsored by Commissioner Michael
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten (10) days following adoption.
r)
Xerk
APPROVEDASTO
FORM & 1ANGUAGE
E FOR EGCI'TION
6
NCAC #159
Exhibit C: Draft Concession Agreement
NCAC #160
CONCESSION AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
TO UTTLTZE THE BARRY KU]r-UN BOAT'RAMP FOn'EN,TBY 4r'l- EXIT OF BTSCAYNE BAy
FORT-HE OPERATIOf{OFEHl
NCAC #161
SECT!ON
1.
2.
2.1
3.
3.1
3.1.1
3.1.1.1
3.1.1.2
3.1.2
3.1.3
3.2
3.3
4.
4.1
4.2
4.3
4.4
5.
6.
6.2
6.3
7.
7.1
7.2
L
8.1
8.2
8.3
8.4
8.5
8.6
9.
10.
10.4
11.
11.2
11.3
12.
12.1
12.2
12.3
12.4
12.6
INDEX
TITLE PAGE
TERM ...........5
coNcESStoN AREA(S) AND CONCESSION SERVICE ZONE .......5
Concession Area .................5usE(s) .........6
Amphibious Tours ................6
Approved use of Concession Area......... ................6
No Parking Privileges ...........6
Subordination of lnterest .......................6
Program Vessels.... ..............6
Hours of Operation............... .................7
Oversight.. ...........7
Ownership of Program Vessels .............7
coNcESSloN FEES ......................7
Use Fee .............7
lnterest for Late Payment .....................7
Sales and Use Tax .......... .....................7
Marketing and Advertising.......... ...........7
|NSPECTION AND AUD|T...... .........8
TAXES AND ASSESSMENTS .........8
Procedure if Ad Valorem Taxes Assessed .............8
Licenses... ...........8
EMPLOYEES AND INDEPENDENT CONTRACTORS .......................9
Concessionaire's Employees ................9
City Manager's Designee............ ..........9
IMPROVEMENT, MAINTENANCE, REPAIR and OPERAT|ON...........................9lmprovements............ ..........9
Maintenance/Repair .............9
Orderly Operation. ..............10
No Dangerous Materia1s............... .......10
Security.... .........10
lnspection. .........11
TNSURANCE .............. ...................11|NDEMN|TY............... ....................14
Release of Liability for Program Participants ............... .......... 15
FORCE MAJEURE .......15
Labor Dispute..... ................15
Waiver of Loss from Ha2ards............... ................16
DEFAULT AND TERMINATION .....................16
Bankruptcy ........16
Default in Payment................ ..............16
Non-Monetary Default ........17
City's Remedies for Concessionaire's Default ......17
Surrender of Concession Areas/ Removal by Concessionaire of
EquipmenUlmprovements ............ .......18
Substitute Performance............... ........18
Termination for Convenience ..............18
12.7
12.8
NCAC #162
12.9
13.
14.
15.
16.
17.
17.1
17.2
17.3
17.4
18.
18.1
18.2
18.3
18.4
18.5
18.6
18.7
18.8
18.9
18.10
18.11
18.12
18.13
18.14
19.
City Manager Emergency Powers .......20
PERFORMANCE BOND OR ALTERNATE SECURITY ....................20ASSIGNMENT............ ...................20
NO |MPROPER USE .....................20NOTICES.. ....................20LAWS ,,,,,...,,20Comp1iance............... .........21
Governing Law.......... .........21
Equal Employment Opportunity........... .................21
No Discrimination ...............22MISCELLANEOUS .....,,22
No Partnership............ .......22
Modifications ............. .........22
Complete Agreement............... ...........22Headings.. .........22
Binding Effect........ .............23Clauses .............23
Severability .............. ..........23
Right of Entry........ .............23
Not a Lease............... .........23Signage.... .........23
Procedure for Approvals and/or Consents.. ..........24
No Waiver .........24
No Third Party Beneficiary........ ...........24
No Lien..... .........25
LtMtTATtON OF LtABlLtTy......... ....................25
VENUEMAIVER OF JURY TRIAL ....,,.,,....,,..25
CONCESSTIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDSlAW......... .....................25
EXHIBlTS
Exhibit 1 - Site Plan with Highlight of Ramp/Access .............29
Exhibit 2 - Completed Application for Commercial Concession Operations
at Public Boat Ramps............... ...........30
Exhibit 3 - Release Form. ............31
20.
21.
NCAC #163
CONCESSION AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
[GoNCESSIONAIRE NAMEI
TO UTILIZE THE BARRY KUTUN BOAT RAMP FOR ENTRY AND EXIT OF BISCAYNE BAY
FOR THE OPERATTON OF [AGTIVITYI
THIS CONCESSION AGREEMENT (the "Agreement") made on 2016
("Effective Date"), between the CITY OF MIAMI BEACH, a municipal corporation of the State of
Florida, having its principaladdress at 1700 Convention Center Drive, Miami Beach, Florida,
33139 (hereinafter called the "City"), and [CONCESSIONAIRE NAME] whose address is
IADDRESSI (hereinafter called
WITNESSETH
"Concessionaire").
WHEREAS, the Mayor and City Commission recognize the importance of the City's public
property to the residents and visitors of the City of Miami Beach; and
WHEREAS, the City prohibits commercial transactions, activities or operations at the City's
parks, boat ramp(s), beach structures, building or other property or place, maintained or
operated by the City, unless expressly authorized by the City Manager upon its public property,
or pursuant to a concession agreement that is approved by the City Commission; and
WHEREAS, illegal and unauthorized commercial transactions, activities and operations upon
City property, creates a dangerous and hazard situation, which is a direct threat to the residents
and visitors of the City for potential unscrupulous conduct; and
WHEREAS, the City is legally obligated to ensure the health, safety and welfare of its residents
and visitors who utilize its public facilities, and illegal commercial transactions, activities and
operations unnecessarily exposes the City to unwarranted potential liability; and
WHEREAS, accordingly, the City Commission at the July 13th 2016 City Commission Meeting
directed staff to work with existing amphibious tour companies to continue their tours in the City
of Miami Beach and continue to utilize the Barry Kutun Boat Ramp; and
WHEREAS, Staff has negotiated the following non-exclusive concession agreement (the
"Agreement") for the use of the Barry Kutun Boat Ramp (the "Boat Ramp") at Maurice Gibb
Memorial Park (the "Park"), located at 1700 Purdy Avenue, for entry and exit to and from
Biscayne Bay for the operation of guided jetski tours (the "Program").
NCAC #164
NOW THEREFORE, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the parties hereto
as follows:
The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts
from the City, the non-exclusive right to operate the Program (as further described herein) within
the Concession Areas (as defined herein), in conformance with the purposes and for the period
stated herein and subject to all the terms and conditions herein contained and set forth.
The above recitals are true and correct and are incorporated herein by reference as part of this
Agreement.
SECTION 1. TERM.
1.1 The term ("Term") of this Agreement shall be for one (1) year, commencing on January
1, 2017 ("Commencement Date"), with two (2) one-year renewal options to be exercised
at the City Manager's sole option and discretion, by providing Concessionaire with
written notice of same no less than thirty (30) days prior to the expiration of the then
current Term. Notwithstanding the foregoing, Concessionaire may not commence
operations until such time as the following conditions have been met: (1) Concessionaire
has provided the City with evidence of the requisite governmental approvals to operate
the Program including, without limitation, all licenses required in subsection 6.3; and (2)
the City has approved Concessionaire's insurance coverages as required in Section 9,
which shall include insurance coverage for all Program Vessels used by Concessionaire
to operate the Program.
1.2 For purposes of this Agreement, a "Contract Year" shall be defined as that certain 365
day period commencing on the Commencement Date.
SECTION 2. CONCESSION AREA(S) AND CONCESSION SERVICE ZONE.
The City hereby grants to the Concessionaire the non-exclusive right, during the Term of this
Agreement, to operate the Program, as described herein, upon the Concession Area defined in
subsection 2.1 and identified in Exhibit 1 to this Agreement (hereinafter, the "Concession
Area"):
2.1 Concession Area.
The Concession Area shall be the vehicle access path to the Boat Ramp and the
Boat Ramp, as more particularly depicted in Exhibit t hereto, and does not
include any adjacent or surrounding areas (the "Concession Area"). Additionally,
no improvements to the Concession Area ("Concession Area lmprovements")
shall be permitted, and no equipment may be maintained, on the Concession
Area without the prior written approval of the City Manager, which approval, if
provided at all, shall be at the City Manager's sole and absolute discretion, and
Exhibit 1 shall be amended to incorporate the approved Concession Area
lmprovements and/or permitted equipment.
Concessionaire shall not install or operate any Program sites, nor identify
additional or alternate locations for same (other than as identified in Exhibit 1),
NCAC #165
without the prior written approval of the City Manager, which approval, if provided
at all, shall be at the City Manager's sole and absolute discretion.
SECTION 3. USE(S).
The Concessionaire is hereby authorized to conduct the following kind(s) of businesses and
provide the following kind(s) of services related to the operation of the Program within
the Concession Area, all at its sole cost and expense:
3.1 Amohibious Tours.
3.1.1. Aoproved Use of Concession Area
The Concession Area shall be used by a Concessionaire on a nonexclusive
basis and solely and exclusively during short intervals, for the entry and exit of
Biscayne Bay by the Program Vessels (as defined in subsection 3.1.2) during the
approved hours of operation for the Program. In the event the Concessionaire
uses the Concession Area for any purpose(s) and/or use(s) not expressly
permitted in this subsection 3.1.1., such use shall be considered a default under
this Agreement, and the City shall be entitled to all remedies, including
termination of this Agreement, as set forth in subsection 12.4. ln addition,
notwithstanding any other terms of this Agreement, the City shall be entitled to
seek immediate relief, whether at law or equity, to restrain such improper use(s).
3.1.1.1No Parkinq Privileqes. No parking privileges shall be provided to
the Concessionaire, Concessionaire employees, or passengers of the
Program Vessel. Additionally, Concessionaire agrees to ensure that the
ingress and egress to the Park or the Boat Ramp are not obstructed.
3.1.1.2 Subordination of Use. the public's right to use the Park, including
the Purdy Avenue Dock, for non-commercial purposes is primary to the
privileges which the City has granted Concessionaire under this
Agreement; therefore, the privilege to operate the Program pursuant to
the Agreement shall not be construed as limiting, in any way, the public's
right to use of the Park, including the Boat Ramp, for non-commercial
purposes.
Finally, notwithstanding any other terms of this Agreement, the privileges
under this Agreement are non-exclusive; therefore, the City shall not be
prevented and/or prohibited, in any respect, from contracting for and/or
operating additional commercial activities/uses at the Park and/or at the
Boat Ramp, even if said activities/uses are in direct competition with the
services provided by Concessionaire under the Program.
3.1.2 Program Vessels.
The City hereby approves of Concessionaire's plan as to the type of vessel which
will be used in connection with the Program, as described in the Application for
Commercial Concession Operations at Public Boat Ramps, attached as
composite Exhibit 2 hereto (the "Program Vessel(s)"). Any amendments to
Exhibit 2, without limitation, as to type of Program Vessel, must be approved, in
NCAC #166
writing, by the City Manager prior to such changes being implemented within the
Concession Area, and Exhibit 2 shall be amended accordingly.
Notwithstanding the above, the City and Concessionaire hereby acknowledge
and agree that the City's approval in subsection 3.1.2 above, as to the type of
Program Vessel is given by the City solely in its proprietary, and not in its
regulatory capacity. Notwithstanding such approval, in the City's proprietary
capacity, Concessionaire agrees to secure, at its sole cost and expense, all
required approvals from all governmental authorities having jurisdiction over the
Program, in connection with the operation of the Program.
3.1.3 Hours of Operation
A. The hours of operation are as described in Exhibit 2. Any change
with respect to the hours of operation shall require the written
approval of the City Manager, prior to implementing the new
hours, and Exhibit 2 shall be amended accordingly.
3.2 Oversiqht. Concessionaire, while utilizing the Boat Ramp will provide on-site monitoring
of the Concession Area and the areas surrounding the Concession Area.
3.3 Ownershio of Prooram Vessels. The Program Vessels shall be the sole and exclusive
property of Concessionaire during the Term of this Agreement.
SECTION 4. CONCESSION FEES.
4.1 Use Fee: During the Term, Concessionaire shall pay the City, in advance, on an annual
basis, the following use fees, as may be modified by the City from time to time ("Use
Fee(s)"):
Motorized VesselAnnual Fee - $1,200.00
Launch Fees (per Exhibit 2) - $6,000.00
Total - $7,200.00
The initial Use Fee shall be due within thirty (30) days from the Effective Date.
Thereafter, the Use Fee shall be due on or before January lst of any approved renewal
Term.
lnterest for Late Pavment.
Any payment which Concessionaire is required to make to City which is not paid on or
before the respective date provided for in this Agreement shall be subject to interest at
the rate of eighteen percent (18Yo) per annum, or the maximum interest allowable
pursuant to Florida law, whichever is less, from the due date of payment until such time
as payment is actually received by the City.
Sales and Use Tax.
Any required Florida State Sales and Use Tax shall be paid by Concessionaire directly
or added to payments, at the designee's sole discretion, and fonrarded to the City
4.2
4.3
NCAC #167
4.4
as part of said payments. lt is the City's intent that it is to receive all payments due from
Concessionaire as net of such Florida State Sales and Use Tax.
Marketinq and Advertisinq.
As of the Effective Date, the City Code does not allow advertising to be placed on the
Program Vessels or anywhere on the Concession Area. Advertising on the Program
Vessels or Concession Area shall be prohibited.
SECTION 5. INSPECTION AND AUDIT.
Concessionaire shall maintain its financial records pertaining to its operations herein throughout
the Term of this Agreement and for a period of three (3) years after the expiration or other
termination of this Agreement, and such records shall be open and available to the City
Manager or his designee, as deemed necessary by them. Concessionaire shall maintain all
such records at its principal office, currently located at 7637 Carlvle Avenue. Miami Beach. FL
3ru9, or, if moved to another location, all such records shall be relocated, at Concessionaire's
expense, to a location in Miami Beach, within ten (10) days'notice (written or verbal) from the
City. These audits are in addition to periodic audits by the City of Resort Tax collections and
payments, which are performed separately. Nothing contained within this Section shall preclude
the City's audit rights for Resort Tax collection purposes.
SECTION 6. TAXES. ASSESSMENTS. LICENSES.
6.1 Concessionaire agrees and shall pay before delinquency all taxes (including but not
limited to Resort Taxes) and assessments of any kind levied or assessed upon a
Concession Area and/or on Concessionaire by reason of this Agreement, or by reason
of Concessionaire's business and/or operations within a Concession Area.
Concessionaire will have the right, at its own expense, to contest the amount or validity,
in whole or in part, of any tax by appropriate proceedings diligently conducted in good
faith. Concessionaire may refrain from paying a tax to the extent it is contesting the
imposition of same in a manner that is in accordance with law. However, if, as a result
of such contest, additional delinquency charges become due, Concessionaire shall be
responsible for such delinquency charges, in addition to payment of the contested tax, if
so ordered.
6.2 Procedure lf Ad Valorem Taxes Assessed. lf ad valorem taxes are assessed against the
Concession Area (or any portion thereof) by reason of Concessionaire's business and/or
operations thereon, Concessionaire shall be solely responsible for prompt and timely
payment of same.
6.3 Licenses. Concessionaire shall also be solely responsible (at its sole cost and expense)
for obtaining and maintaining current any applicable licenses or permits, as required for
the operations contemplated in this Agreement including, without limitation, any
occupational licenses required by law for the proposed uses contemplated in Section 3;
the U.S. Coast Guard licenses for captains and the Certificates of lnspection for the
vessels; the State of Florida license; and any applicable City licenses.
NCAC #168
SECTION 7. EMPLOYEES AND INDEPENDENT CONTRACTORS.
7.1 Concessionaire's Emplovees.
7.1.1 Concessionaire shall select, train and employ such number of employees or
contractors as is necessary or appropriate for Concessionaire to satisfy its
responsibilities hereunder. Concessionaire shall be the sole authority to hire,
terminate and discipline any and all personnel employed by Concessionaire.
7.1.2 Concessionaire shall designate a competent fulltime employee to oversee the
dayto-day operations, and who shall act as the contract administrator for the
Program and serve as Concessionaire's primary point-person with the City. This
individual shall have the requisite amount of experience in operating, managing,
and maintaining the Program as contemplated herein. The employee shall be
accessible to the City Manager or his designee at all times during normal
business hours to discuss the management, operation and maintenance of the
Program, and during non-business hours in the event of emergency. Consistent
failure by the employee to be accessible shall be reported to Concessionaire's
principal(s), and if not rectified, shall be grounds for replacement of the
employee.
7.2 Citv Manaqer's desiqnee. Except for those responsibilities expressly set forth in this
Agreement for, respectively, the City Commission and/or the City Manager, the City
Manager's designee for this Agreement shall serve as the City's day to day
representative and point person for Concessionaire with respect to the Agreement. The
City Manager's designee shall be the City's Department of Parks and Recreation
Director or Assistant Director.
SECTION 8. IMPROVEMENTS MAINTENANCE REPAIR and OPERATION
The Concessionaire accepts the use of any and all Concession Areas provided in
this Agreement "AS lS," "WHERE lS," and "WITH ALL FAULTS," existing as of the Effective
Date.
8.2
lmprovements.
Concessionaire may not make any improvements to the Concession Area without City
Manager's Approval, which approval, if provided at all, shall be at the City Manager's
sole and absolute discretion.
Maintenance/Repair.
The Concessionaire shall maintain, at its sole cost and expense any equipment (as
required to operate the Program), as well as the Program Vessels. The City shall
maintain the Boat Ramp to address normal wear and tear of the dock; however,
Concessionaire shall be responsible for reimbursing the City for any maintenance and
any repairs as a result of the operation of the Program at the Boat Ramp, including any
damage which may be caused by the Concessionaire, its employees, contractors,
agents or invitees. Any such maintenance and repairs shall be performed by the City, as
deemed necessary, at the City Manager's sole discretion, and Concessionaire shall
reimburse the City within 10 (ten) days from receipt of the invoice.
8.1
NCAC #169
8.3
Concessionaire shall be solely responsible for the day to day operation and shall
maintain any equipment the Program Vessels and any equipment thereon in good
working order and condition. Concessionaire shall keep Program Vessels free of
graffiti. No repairs to the Program Vessels may be made on-site. Any Program Vessel
needing maintenance shall be removed from circulation and serviced
at Concessionaire's repair center. No Program Vessel or equipment may be stored at
the Park.
It shall be Concessionaire's sole obligation to ensure that any repairs and/or
improvements made by Concessionaire to the Program Vessels complies with all
applicable life safety codes of governmental authorities having jurisdiction.
Concessionaire agrees, also at its sole cost and expense, to pay for all garbage disposal
generated by its operations. Garbage may not be disposed of at the Concession Area.
Orderlv Operation.
The Concessionaire shall have a neat and orderly operation at all times and shall be
solely responsible for the necessary housekeeping services to properly maintain its
Operations. Concessionaire warrants and represents that Concessionaires operation
does not require use of the parking or dock areas located at the Park. Entry and exit
shall be conducted at extreme low speeds. Standing and stopping will only occur to
allow the safe launch and retrieval of others utilizing the Boat Ramp. All applicable
rules, laws and ordinance will be adhered to by concessionaire.
No Danqerous Materials.
The Concessionaire agrees not to use or permit the storage and/or use of gasoline, fuel
oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing
generators, turpentine, benzene, naphtha, propane, natural gas, or other similar
substances, combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida, on
or within any of the Concession Areas, or on any City property and/or right of way.
Concessionaire shall indemnify and hold City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's fees, incurred as
a result of, arising from, or connected with the placement by Concessionaire of any
"hazardous substance" or "petroleum products" on, under, in or upon the Concession
Areas as those terms are defined by applicable Federal and State Statute, or any
environmental rules and environmental regulations promulgated thereunder; provided,
however, Concessionaire shall have no liability in the event of the willful misconduct or
gross negligence of the City, its agents, servants or employees. The provisions of this
Subsection 9.4 shall survive the termination or earlier expiration of this Agreement.
Securitv.
The Concessionaire shall use the Concession Area at its own risk. The City shall not be
obligated to employ or provide any security measures to protect the Concession Area.
Under no circumstances shall the City be responsible for any stolen or damaged
8.4
8.5
10
NCAC #170
equipment, nor shall City be responsible for any stolen or damaged personal property
of Concessionaire's employees, contractors, agents, patrons, guests, invitees, and/or
other third parties.
8.6 lnspection.
The Concessionaire agrees that the Concession Area may be inspected at any time by
the City Manager or his designee, or by any other municipal, County, State officer, or
officers of any other agency(ies) having responsibility and/or jurisdiction for inspections
of such operations. The Concessionaire hereby waives all claims against the City for
compensation for loss or damage sustained by reason of any interference with the
concession operation as a result of inspection by any public agency(ies) or officials,
(including, without limitation, by reason of any such public agency or official in enforcing
any laws, ordinances, or regulations as a result thereof). Any such interference shall not
relieve the Concessionaire from any obligation hereunder.
SECTION 9. INSURANCE.
9.1 Without limiting its liability under this Agreement, Concessionaire shall, at all times
during the Term of this Agreement, procure and maintain, at its sole expense (and
Concessionaire shall require its Concessionaire, subcontractors, laborers, materialmen
and suppliers to provide, as applicable), insurance of the types and in the minimum
amounts stated below, and provide a certificate with applicable endorsements on a form
that is acceptable to the City's Division of lnsurance and Risk Management evidencing
the following required coverages to the City (including coverage of all Program Vessels
which shall be used by Concessionaire to operate the Program):
Schedule Limits
Worker's Compensation/Employers Liability
Worker's Compensation
Employer's Liability
Florida Statutory Coverage
$1,000,000 Each Accident
$1,000,000 Disease Policy Limit
$1,000,000 Each Employee/Disease
This insurance shall cover the Concessionaire (and to the extent its subcontractors and
sub-contractors are not othenrise insured, its subcontractors and sub-contractors) for
those sources of liability which would be covered by the latest edition of the standard
Workers' Compensation policy, as filed for use in the State of Florida by the National
Council on Compensation lnsurance (NCCI), without any restrictive endorsements other
than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03),
those which are required by the State of Florida, or any restrictive NCCI endorsements
which, under an NCCI filing, must be attached to the policy (i.e., mandatory
endorsements). ln addition to coverage for the Florida Workers' Compensation Act,
where appropriate, coverage is to be included for the Federal Employers' Liability Act,
USL&H and Jones Act, to extent coverage is not provided by the Protection and
lndemnity policy and any other applicable federal or state law.
Hull Coveraoe: Coverage for direct damage to vessels written on American lnstitute Hull
clauses form, specifically including "Running Down clauses," "Agreed Valuation
LL
NCAC #171
clauses," and Amount of insurance based on value of vessels. The policy shall cover
collision liability on a primary basis.
Protection and lndemnitv Coveraqe: Form "SP 23" Coverage for water taxi
operations of the watercraft, as included in "SP23" for damage to any harbor, graving,
piers, bumpers, etc.; including, but not limited to, Crew to the extent coverage is not
provided by the Worker's Compensation policy, Passenger and Coverage for property
and liability from land while loading and unloading the Ferry or Water Taxi and on-board
during navigation along with Cargo Legal Liability, Dock Liability, Excess Collision over
insured hull limit.
(Coverage shall include Premises, Pollution Exclusion Buyback Endorsement A,
Personal Effects, Medical Payments, Voluntary Wreck Removal, and Pollution Buyback).
$1,000,000 coverage required.
Vessel Pollution Liability (Occ. Form)
lncluding clean-up cost $100,000 Anyone Scheduled Vessel, any
One incident for lOA 90, CERCLA, Spill
Management, Firefighting and Salvage and
Defense Cost including damage to Property
Ashore.
lncluding Water Quality lnsurance Syndicate or similar form Per Statutory coverage and
limits).
Coverage for third party liability for land based operations to the public and connection
with the amphibious tour taxi-operation, specifically including Occurrence form, Bodily
lnjury, Property Damage, Products & Completed Operations, Medical Payments,
Personal lnjury, Contractual Liability, Ship Repair Liability.
Such insurance shall be no more restrictive than that provided by the most recent
version of the standard Commercial General Liability Form (lSO Form CG 00 01) as
filed for use in the State of Florida without any restrictive endorsements other than those
approved by the City's Office of lnsurance and Risk Management.
Bumpershoot Liability
$2,000,000 GeneralAggregate
$1,000,000 EachOccurrence
$ 50,000 Fire Damage
$ 5,000 Medical Expenses
$1,000,000 Per Occurrence and Aggregate
(The Bumpershoot Liability policy shall be in excess of the Employer's Liability,
Commercial General Liability, Automobile Liability, Personal & lndemnity and Pollution
Liability limits without any gap. The Bumpershoot coverage will follow form the
underlying coverages and provide on an Occurrence basis all coverages listed
above.)
L2
NCAC #172
A.
B.
Waiver of Subrooation. All insurance shall be endorsed to provide for a waiver of
undenuriter's rights of subrogation in favor of the City of Miami Beach and the City's
members, officials, officers and employees.
Additional lnsured: All lnsurance, except Worker's Compensation and Professional
Liability, shall be endorsed to name the City of Miami Beach and City's members,
officials, officers, and employees. Additional Liability shall be in a form no more
restrictive than CG2010 and Automobile Liability CA2048; endorsements will be
provided to, reviewed and approved by the City's Division of lnsurance and Risk
Management prior to commencement of work.
The Concessionaire's lnsurance Primarv. The insurance provided by the
Concessionaire for shall apply on a primary basis to, and shall not require
contribution from, any other insurance or self-insurance maintained by the City or
City member, official, officer and employee.
Deductible or self-insured retention. Except as authorized in this Agreement, the
insurance maintained by the Concessionaire shall apply on a first dollar basis without
application of a self-insurance, deductible, or self-insured retention. Except as
authorized specifically in this Agreement, no self-insurance, deductible, or self-
insured retention for any required insurance, the Concessionaire shall be responsible
for paying on behalf of the City (and any other person or organization
Concessionaire has, in this Agreement, agreed to include as an insured for the
required insurance) any self-insurance, deductible, or self-insured retention allowed
under this paragraph. The City will not be responsible for any self-insurance,
deductibles or self-insured retentions under this Agreement.
Concessionaire's lnsurance Additional Remedv. Compliance with the insurance
requirements of this Agreement shall not limit the liability of the Concessionaire or its
Subcontractors or Sub- subcontractors, employees or agent to the City or others.
Any remedy provided to City or City's members, officials or employees shall be in
addition to and not in lieu of any other remedy available under this Agreement or
othenrise.
No Waiver bv the Citv Approval/Disapproval. Neither approval by the City nor failureto disapprove the insurance furnished by Concessionaire shall relieve
Concessionaire of Concessionaire's full responsibility to provide insurance as
required under this Agreement.
Each policy shall be written by an insurer holding a current certificate of authority
pursuant to chapter 624, Florida Statues or accompany that is declared as an
approved Surplus Lines carrier under Chapter 626 Florida Statutes. Such insurance
shall be endorsed to provide for a waiver of undenrriter's rights of subrogation in
favor of the City. Such lnsurance shall be written by an insurer with an A.M. Best
Rating of A-Vl1 or better. Prior to commencing any Services, Certificates of lnsurance
approved by the City's Division of lnsurance & Risk Management demonstrating the
maintenance of said insurance shall be furnished to City. The Concessionaire shall
D.
C.
E.
F.
Lr.
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NCAC #173
t.
provide an endorsement issued by the insurer to provide the City thirty (30) days
prior written notice of any change in the above insurance coverage limits or
cancellation, including expiration or non-renewal. ln the event the Concessionaire is
unable to obtain such endorsement, the Concessionaire agrees to provide the City
the notice directly. Until such time as the insurance is no longer required to be
maintained by the Concessionaire, Concessionaire shall provide the City with
renewal or replacement evidence of insurance with the above minimum requirements
no less than 30 days before the expiration or termination of the insurance for which
previous evidence of insurance has been provided.
Notwithstanding the prior submission of a Certificate of lnsurance, copies of
endorsements, or other evidence initially acceptable to City's Division of lnsurance
and Risk Management, if requested to do so by the City, the Concessionaire shall,
within thirty (30) days after receipt of a written request from the City, provide the City
with a certified, complete copy of the policies of insurance providing the coverage
required herein.
Anything to the contrary notwithstanding, the liabilities of the Concessionaire under
this Agreement shall survive and not be terminated, reduced or otherwise limited by
any expiration or termination of insurance coverage. Neither approval of, nor failure
to disapprove, insurance furnished by the Concessionaire shall relieve the
Concessionaire or its sub-contractors or sub-subcontractors from responsibility to
provide insurance as required by the Agreement.
Depending upon the nature of any aspect of any project and its accompanying
exposures and liabilities, the City may, at its sole option require additional insurance
coverages in amounts responsive to those liabilities, which may or may not require
that the City also be named as an additional insured.
Concessionaire's failure to provide evidence of insurance coverage set forth in this
Section 9, within two (2) days from receipt of a written request from the City shall
constitute a material default under this Agreement and shall entitle the City to pursue
its default remedies, as set forth in subsection 12.4, without affording Concessionaire
an opportunity to cure the default.
SECTION 10. INDEMNIffiRELEASE.
10.1 ln consideration of a separate and specific consideration of Ten ($10.00) Dollars and
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its
officials, directors, employees, contractors, agents, and servants from and against any
and all actions (whether at law or inequity), claims, liabilities, losses, and expenses,
including, but not limited to, attorneys'fees and costs, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, which may arise or be alleged to
have arisen from: (1) wholly or in part from the negligent acts, errors, omissions or other
misconduct of Concessionaire, its officers, director, members, employees, agents,
contractors, subcontractors, or any other person or entity acting under Concessionaire's
H.
J.
K.
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NCAC #174
control or supervision; (2) Concessionaire's breach of the terms of this Agreement or its
representations and warranties herein; or (3) the operation of the Program. To that
extent, Concessionaire shall pay all such claims and losses and shall pay all such costs
and judgments which may issue from any lawsuit arising from such claims and losses,
and shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals.
10.2 ln addition, in consideration of a separate and specific consideration of Ten ($10.00)
Dollars and other good and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend
the City, its officials, directors, employees, contractors, agents, and servants from and
against any claim, demand or cause of action of whatever kind or nature arising out of
any misconduct of Concessionaire, its officials, directors, employees, contractors,
agents, and servants not included in the paragraph in the subsection above and for
which the City, its officials, directors, employees, contractors, agents, and servants are
alleged to be liable.
10.3 Subsections 10.1 and 10.2 shall survive the termination or expiration of this Agreement.
Subsections 10.1 and 10.2 shall not apply, however, to any such liability that arises as a
result of the willful misconduct or gross negligence of the City.
10.4 Release of Liabilitv for Prooram Participants. Concessionaire shall ensure that Program
participants execute a release in connection with their participation in the Program,
which release shall include the City as an additional releasee thereunder.
Concessionaire shall provide the City with a copy of the release form for approval by the
City's Risk Manager, which approved release form shall be attached as Exhibit 3 hereto.
SECTION 11. FORCE MAJEURE.
11.1 Neither party shall be obligated to perform hereunder and neither party shall be deemed
to be in default if performance is prevented by:
a. Any act or chain of related acts resulting in destruction, vandalism or theft of
water stations which render at least fifty (50%) percent of the Concessionaire
Areas unusable at any one point in time and which is not caused by negligence
of Concessionaire;
b. earthquake; hurricane; flood; act of God; direct act of terrorism; or civil
commotion occurring which renders at least fifty (50%) percent of the Concession
Areas unusable.
c. any law, ordinance, rule, regulation or order of any public or military authority
stemming from the existence of economic or energy controls, hostilities, or war
which renders at least fifty (50%) percent of the Concession Areas unusable.
11.2 Labor Dispute.
ln the event of a labor dispute which results in a strike, picket or boycott affecting at least
fifty (50%) percent of the Concession Areas, Concessionaire shall not thereby be
deemed to be in default or to have breached any part of this Agreement, unless such
15
NCAC #175
dispute shall have been caused by illegal labor practices or violations by Concessionaire
of applicable collective bargaining Agreements (and there has been a final determination
of such fact which is not cured by Concessionaire within thirty (30) days).
11.3 Waiver of Loss from Hazards.
The Concessionaire hereby expressly waives all claims against the City for loss or
damage sustained by the Concessionaire resulting from any Force Majeure
contemplated in Subsection 11.1 and Labor Dispute in Subsection 11.2 above, and the
Concessionaire hereby expressly waives all rights, claims, and demands against the City
and forever releases and discharges the City of Miami Beach, Florida, from all demands,
claims, actions and causes of action arising from any of the aforesaid causes.
SECTION 12. DEFAULT AND TERMINATION.
Subsections 12.1 through 12.3 shall constitute events of default under this Agreement. An
event of default by Concessionaire shall entitle the City to exercise any and all remedies
described as City's remedies under this Agreement, including but not limited to those set forth in
Subsection 12.4.
12.1
12.2
Bankruptcv.
lf either the City or Concessionaire shall be adjudged bankrupt or insolvent, or if
any receiver or trustee of all or any part of the business property of either party
shall be appointed, or if any receiver of all or any part of the business property
shall be appointed and shall not be discharged within sixty (60) days after
appointment, or if either party shall make an assignment of its property for the
benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency,
or shall apply for reorganization or arrangement with its creditors under the
bankruptcy or insolvency laws now in force or hereinafter enacted, Federal,
State, or otherwise, or if such petitions shall be filed against either party and shall
not be dismissed within sixty (60) days after such filing, then the other party may
immediately, or at any time thereafter, and without further demand or notice,
terminate this Agreement without being prejudiced as to any remedies which may
be available to it for breach of contract.
Default in Pavment.
ln the event Concessionaire fails to submit any payment within five (5) days of its
due date, there shall be a late charge of One Hundred and Fifty ($150.00) Dollars
per day for such late payment, in addition to the interest which accrues pursuant
to subsection 4.2. lf any payment and accumulated penalties are not received
within ten (10) days after the payment due date, and such failure continues for
ten (10) days after written notice thereof, then the City may, without further
demand or notice, terminate this Concession Agreement without being
prgudiced as to any remedies which may be available to it for breach of contract.
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NCAC #176
12.3
12.4
Non-Monetarv Default.
Unless othenrvise set forth in this Agreement, in the event that Concessionaire or
the City fails to reasonably perform or observe the non-monetary covenants,
terms or provisions under this Agreement, and such failure continues ten (10)
days after written notice thereof from the other party hereto, such non-defaulting
party may immediately or at any time thereafter, and without further demand or
notice, terminate this Agreement without being prejudiced as to any remedies
which may be available to it for breach of contract. ln the event that a default is
not reasonably susceptible to being cured within such period, the defaulting party
shall not be considered in default if it shall, within such period, commence with
due diligence and dispatch to cure such default and thereafter completes with
dispatch and due diligence the curing of such default, but in no event shall such
extended cure period exceed thirty (30) days from the date of written notice
thereof. ln the event Concessionaire cures any default pursuant to this
subsection, it shall promptly provide the City Manager with written notice of
same.
Citv's Remedies for Concessionaire's Default.
lf any of the events of default, as set forth in this Section, shall occur, the City
may, after expiration of the cure periods, as provided above (unless othenrise
provided in the Agreement), at its sole option and discretion, institute such
proceedings as in its opinion are necessary to cure such defaults and to
compensate City for damages resulting from such defaults, including but not
limited to the right to give to Concessionaire a notice of termination of this
Agreement. lf such notice is given, the term of this Agreement shall terminate
upon the date specified in such notice from City to Concessionaire. On the date
so specified, Concessionaire shall then quit and surrender the Concession Area
to City pursuant to the provisions of Subsection 12.6. Upon the termination of this
Agreement, all rights and interest of Concessionaire in and to the Concession
Area and to this Agreement, and every part thereof, shall cease and terminate
and City may, in addition to any other rights and remedies it may have, retain all
sums paid to it by Concessionaire under this Agreement.
ln addition to the rights set forth above, the City shall have the right to pursue any
and all of the following:
a. the right to injunction or other similar relief available to it under Florida law
against Concessionaire; and/or
b. the right to maintain any and all actions at law or suits in equity or other
proper proceedings to obtain damages resulting from Concessionaire's
default.
lf an event of default by the City shall occur, the Concessionaire may, after
expiration of the cure periods, as provided above, terminate this Agreement upon
written notice to the City. Said termination shall become effective upon receipt of
a written notice of termination by the City, but in no event shall Concessionaire
12.5
L7
NCAC #177
12.6
12.7
12.8
specify a termination date that is less than thirty (30) days from the date of the
written termination notice. On the date specified in the notice, Concessionaire
shall quit and surrender the Concession Area(s) to City pursuant to the
provisions of Subsection 12.6.
Surrender of Concession Areas / Removal bv Concessionaire of
Eq uipmenUl mprovements.
Upon expiration, or earlier termination of this Agreement, Concessionaire shall
surrender the Concession Areas in the same condition as the Concession
Areas were prior to the Commencement Date, reasonable wear and tear
excepted. Concessionaire shall, at its sole expense and at no charge to the
City, cease using the Concession Area, no later than thirty (30) days after the
conclusion of the Term, (or from the date of other termination of this Agreement)
unless a longer time period is agreed to, in writing, by the City Manager).
Concessionaire's obligation to observe or perform this covenant shall survive the
expiration or other termination of this Agreement. Continued occupancy of any
Concession Areas after termination of the Agreement shall constitute trespass by
the Concessionaire, and may be prosecuted as such. ln addition, the
Concessionaire shall pay to the City One Thousand ($1,000.00) Dollars per day
per Concession Area as liquidated damages for such trespass and holding over.
Substitute Performance
ln the event that the Concessionaire fails to properly perform its obligations or
cure any default under the Agreement, after receipt of written notice from the
City, then the City shall have the right, but not the obligation, to undertake
Concessionaire's duties and obligations under the Agreement, as the City
Manager deems appropriate, and to charge Concessionaire for all actual costs
thereby incurred by the City. Concessionaire shall be responsible for paying all
of said costs.
Termination for Convenience of the Citv
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT
ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO
CONCESSIONAIRE OF SUCH TERMINATION, WHICH SHALL BECOME
EFFECTTVE WTTHTN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE
CONCESSIONAIRE OF SUCH NOTICE, FOLLOWING WHICH THE CITY
SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
Citv Manaqer Emeroencv Powers
A. Notwithstanding anything to the contrary contained in this Agreement, and in
addition to any other remedy which the City may have under this Agreement or
pursuant to applicable law, if the performance by Concessionaire under this
12.9
18
NCAC #178
Agreement or the Program is creating a public health, welfare or safety concern,
as determined by the City Manager, in the City Manager's sole discretion, the
City Manager may immediately suspend the performance of services under this
Agreement, including the Program, until such time as the condition has been
remedied to the satisfaction of the City Manager.
B. Removal of Concessionaire's Propertv durinq Emerqency Situations. The City
Manager or his/her designee may direct or require the Concessionaire to
immediately remove, relocate and/or store any equipment located on the
Concession Area and any Program Vessel ("Concessionaire's Property") for
public safety considerations in emergency situations, including, without limitation,
a threatened tropical storm or hurricane. Upon written and/or verbal notification
by the City Manager of a tropical storm/hurricane warning or alert, or other major
weather event that may adversely impact the City, or upon the designation by the
United States National Weather Service or National Hurricane Center of a
tropical storm/hurricane warning or alert, whichever occurs first, the
Concessionaire shall, within no more than two hours of same, remove and store
all of Concessionaire's Property to secure Concessionaire's Property in response
to the threatened storm or other emergency, and shall take all other measures
which may be necessary for the protection of the public with respect thereto. The
notification by the City Manager of a hurricane or other major weather event, or
the issuance of a hurricane warning, shall constitute a public emergency
situation. The failure of the City to direct the Concessionaire to remove or safety
store Concessionaire's Property shall not relieve the Concessionaire of its
obligation to remove and store Concessionaire's Property in response to a
threatened storm event as outlined herein.
Should Concessionaire fail to remove Concessionaire's Property within said two
(2) hour period, or in the event the City Manager or his/her designee determines,
at his/her sole discretion, that Concessionaire's removal, storage and other
efforts are otherwise not satisfactory, Concessionaire shall thereafter be
assessed a fee of $50.00 per hour, until such time as all of Concessionaire's
Property have been removed to the City Manager's satisfaction. ln addition, the
City Manager, without any obligation to do so, may immediately proceed to
remove, relocate, and/or store the Concessionaire's Property that has otherwise
not been removed by the Concessionaire, at the Concessionaire's sole cost and
expense, with payment to the City for all such costs due within thirty (30) days of
City's invoice to Concessionaire.
Concessionaire shall be solely responsible for any damage to City property or
other property resulting from Concessionaire's failure to remove and store
Concessionaire's property, or otherwise implement appropriate measures in
response to a threatened storm or hurricane.
Concessionaire's failure to comply with this Section shall constitute a material default
under this Agreement and shall entitle the City to pursue its default remedies, as
set forth in subsection 12.4, without affording Concessionaire an opportunity to
cure the default. The remedies identified herein for Concessionaire's failure to comply
with this Section are cumulative, and in addition to, all remedies that may be available to
the City at law and in equity.
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NCAC #179
SECTION 13. PERFORMANCE BOND OR ALTERNATE SECURITY.
INTENTIONALLY OMITTED
SECTION 14. ASSIGNMENT.
Concessionaire shall not assign all or any portion of its costs or obligations under this
Agreement without the prior written consent of the City Commission, which consent shall be at
the sole and absolute discretion of the City Commission. Concessionaire shall notify the City
Manager of any proposed assignment, in writing, at least sixty (60) days prior to the proposed
effective date of such assignment. !n the event that any such assignment is approved by the
City Commission, the assignee shall agree to be bound by all the covenants of this Agreement
required of Concessionaire.
SECTION 15. NO IMPROPER USE.
The Concessionaire will not use, nor suffer or permit any person to use in any
manner whatsoever, the Concession Area or Program Vessel, for any illegal, improper, immoral
or offensive purpose, or for any other purpose in violation of any Federal, State, County, or
municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. The Concessionaire will protect, indemnify, and forever
save and keep harmless the City, its officials, employees, contractors, and agents from and
against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or
incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned
by any act, neglect or omission of the Concessionaire, or any official, director, agent, contractor,
or servant regarding the concession. ln the event of any violation by the Concessionaire, or if
the City or its authorized representative shall deem any conduct on the part of the
Concessionaire to be objectionable or improper, the City shall have the right to suspend
concession operation should the Concessionaire fail to correct any such violation, conduct, or
practice to the satisfaction of the City Manager or his designee within twenty-four (24)
hours following written notice of the nature and extent of such violation, conduct, or
practice. Such suspension to continue until the violation is cured to the satisfaction from the
City Manager or his designee.
SECTION 16. NOTICES.
All notices from the City to the Concessionaire shall be deemed duly served upon receipt, if
mailed by registered or certified mail return receipt to the address to the Concessionaire at the
following address:
With copies to:
20
NCAC #180
All notices from the Concessionaire to the City shall be deemed duly served upon
receipt, if mailed by registered or certified mail return receipt requested to the City of
Miami Beach at the following addresses:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Parks and Recreation Director
With copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Manager
The Concessionaire and the City may change the above mailing address at any time
upon giving the other party written notification. All notices under this Concession
Agreement must be in writing.
SECTION 17. LAWS.
17.1 Compliance.
Concessionaire shall comply with all applicable City, County, State, and Federal
ordinances, statutes, rules and regulations, including but not limited to all applicable
environmental City, County, State, and Federal ordinances, statutes, rules and
regulations.
17.2 Governinq Law.
Governing Law. This Agreement shall be governed by and construed in accordance
_ with the laws of the State of Florida.
17.3 Equal Emplovment Opportunitv.
Neither Concessionaire nor any affiliate of Concessionaire performing services
hereunder, or pursuant hereto, will discriminate against any employee or applicant for
employment because of race, creed, sex, color, national origin, sexual orientation, and
disability (as defined in Title I of ADA). Concessionaire will take affirmative steps to
utilize minorities and females in the work force and in correlative business enterprises.
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NCAC #181
17.4 NoDiscrimination.
All operations and services offered in the Concession Area shall be made available to
the public, subject to the right of the Concessionaire and the City to establish and
enforce reasonable rules and regulations to provide for the safety, orderly operation, and
security of the Concession Area and improvements and equipment thereon.
Concessionaire hereby agrees to comply with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to
time, prohibiting discrimination in employment, housing, public accommodations, or
public services, on the basis of actual or perceived race, color, national origin, religion,
sex, intersexuality, sexual orientation, gender identity, familial and marital status, age,
ancestry, height, weight, domestic partner status, labor organization membership,
familial situation, political affiliation, or disability.
SECTION 18. MISCELLANEOUS.
18.1 No Partnership.
Nothing contained in this Agreement shall constitute or be construed to be or create a
partnership or joint venture between the City and Concessionaire.
18.2 Modifications.
This Agreement cannot be changed or modified except by Agreement in writing
executed by all parties hereto. Concessionaire acknowledges that no modification to this
Agreement may be agreed to by the City unless approved by the Mayor and City
Commission except where such authority has been expressly provided herein to the City
Manager or his designee.
18.3 ComoleteAoreement.
This Agreement, together with all exhibits incorporated hereto, constitutes all the
understandings and Agreements of whatsoever nature or kind existing between the
parties with respect to Concessionaire's operations, as contemplated herein.
18.4 Headinos.
The section, subsection and paragraph headings contained herein are for convenience
of reference only and are not intended to define, limit, or describe the scope or intent of
any provision of this Agreement.
22
NCAC #182
18.5 Bindinq Effect.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
18.6 Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall not affect the
validity of the remainder of the Agreement, and the Agreement shall remain in full force
and effect as if such illegal or invalid term or clause were not contained herein unless the
elimination of such provision detrimentally reduces the consideration that either party is
to receive under this Agreement or materially affects the continuing operation of
this Agreement.
18.7 Severabilitv.
lf any provision of this Agreement or any portion of such provision or the application
thereof to any person or circumstance shall be held to be invalid or unenforceable, or
shall become a violation of any local, State, or Federal laws, then the same as so
applied shall no longer be a part of this Agreement but the remainder of the Agreement,
such provisions and the application thereof to other persons or circumstances, shall not
be affected thereby and this Agreement as so modified shall.
18.8 Riqht of Entrv.
The City, at the direction of the City Manager, shall at all times during hours of operation,
have the right to enter into and upon any and all parts of the Concession Area(s) for the
purposes of examining the same for any reason relating to the obligations of parties to
this Agreement.
18.9 Not a Lease.
It is expressly understood and agreed that no part, parcel, building, facility, equipment or
space is leased to the Concessionaire, that it is a concessionaire and not a lessee; that
the Concessionaire's right to operate the concession shall continue only so long as this
Agreement remains in effect.
18.10 Siqnaoe.
Concessionaire shall not be permitted to install any signage at the Concession Area.
23
NCAC #183
18.11 Procedure for Approvals and/or Consents.
ln each instance in which the approval or consent of the City Manager or his designee is
allowed or required in this Agreement, it is acknowledged that such authority has been
expressly provided herein to the City Manager or his designee by the Mayor and City
Commission of the City. ln each instance in which the approval or consent of the City
Manager or his designee is allowed or required in this Agreement, Concessionaire shall
send to the City Manager a written request for approval or consent (the "Approval
Request").
The City Manager or his designee shall use reasonable efforts to provide written notice
to Concessionaire approving of consent to, or disapproving of the request, within thirty
(30) days from the date of Approval Request (or within such other time period as may be
expressly set forth for a particular approval or consent under this Agreement). However,
the City Manager or his designee's failure to consider such request within this time
provided shall not be deemed a waiver, nor shall Concessionaire assume that the
request is automatically approved and consented to. The City Manager or his
designee shall not unreasonably withhold such approval or consent. This
Subsection shall not apply to approvals required herein by the Mayor and
City Commission.
18.12 No Waiver.
It is mutually covenanted and agreed by and between the parties hereto that the failure
of the City to insist upon the strict performance of any of the conditions, covenants,
terms or provisions of this Agreement, or to exercise any option herein conferred, will not
be considered or construed as a waiver or relinquishment for the future of any such
conditions, covenants, terms, provisions or options but the same shall continue and
remain in full force and effect. A waiver of any term expressed herein shall not be
implied by any neglect of the City to declare a forfeiture on account of the violation of
such term if such violation by continued or repeated subsequently and any express
waiver shall not affect any term other than the one specified in such waiver and that one
only for the time and in the manner specifically stated.
The receipt of any sum paid by Concessionaire to the City after breach of any condition,
covenant, term or provision herein contained shall not be deemed a waiver of such
breach, but shall be taken, considered and construed as payment for use and
occupation, and not as rent, unless such breach be expressly waived in writing by the
City.
18.13 No Third Partv Beneficiarv.
Nothing in this Agreement shall confer upon any person or entity, including, but not
limited to sub concessionaires, other than the parties hereto and their respective
successors and permitted assigns, any rights or remedies by reason of this Agreement.
24
NCAC #184
18.14 No Lien
ln the event any notice or claim of lien shall be asserted against the interest of the City
on account of or arising from any work done by or for Concessionaire, or any person
claiming by, through or under Concessionaire, or for improvements or work, the cost of
which is the responsibility of Concessionaire, Concessionaire agrees to have such notice
or claim of lien cancelled and discharged within fifteen (15) days after notice to
Concessionaire by City. ln the event Concessionaire fails to do so, City may terminate
this Agreement for cause without liability to City.
SECTION 19. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement placing the operation and management of
the Concession Area(s) in the hands of a private management entity only if so doing the City
can place a limit on its liability for any cause of action for breach of this Agreement, so that its
liability for any such breach never exceeds the sum of Five Thousand ($5,000.00) Dollars.
Concessionaire hereby expresses its willingness to enter into this Agreement Five
Thousand ($5,000.00) Dollars limitation on recovery for any action for breach of contract.
Accordingly, and in consideration of the separate consideration of Five Thousand ($5,000.00)
Dollars, the receipt of which is hereby acknowledged, the City shall not be liable to
Concessionaire for damages to Concessionaire in an amount in excess of Five
Thousand ($5,000.00) Dollars, for any action for breach of contract arising out of the
performance or on-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be
a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section
768.28.
SECTION 20. VENUE/WAIVER OF JURY TRIAL.
This Agreement shall be deemed to have been made and shall be construed and interpreted in
accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-
Dade County, Florida, and if legal action is necessary by either party with respect to the
enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement
of same shall lie in Miami-Dade County, Florida.
CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY
AND CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER
WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE CONCESSTON AREA(S).
SECTION 21. CONCESSIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS
LAW.
21.1 Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time. Records made or received in
connection with this Agreement are public records under Florida law, as defined in
Section 119.01 1(12), Florida Statutes.
25
NCAC #185
21.2 Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of Contractor as defined in Section 1 19.0701(1 Xa), the Contractor shall:
(A) Keep and maintain public records required by the City to perform the service;
(B) Upon request from the City's custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as othenrvise provided by law;
(C) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law, for
the duration of the contract term and following completion of the Agreement if the
Contractor does not transfer the records to the City;
(D) Upon completion of the Agreement, transfer, at no cost to the City, all public records
in possession of the Contractor or keep and maintain public records required by the
City to perform the service. lf the Contractor transfers all public records to the City
upon completion of the Agreement, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. lf the Contractor keeps and maintains public records upon completion
of the Agreement, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
21.3 Request for Records; Noncompliance.
(A) A request to inspect or copy public records relating to the City's contract for services
must be made directly to the City. !f the City does not possess the requested
records, the City shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the City or allow the records to be inspected
or copied within a reasonable time.
(B) Contractor's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or (3) avail itself of any available remedies at law or in equity.
(C) A Contractor who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
21.4 Civil Action.
(A) lf a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable attorney
fees, if:
1. The court determines that the Contractor unlawfully refused to comply with the
public records request within a reasonable time; and
26
NCAC #186
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Contractor
has not complied with the request, to the City and to the Contractor.
(B)A notice complies with subparagraph (1Xb) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its contract
with the City or to the Contractor's registered agent. Such notices must be sent by
common carrier delivery service or by registered, Global Express Guaranteed, or
certified mail, with postage or shipping paid by the sender and with evidence of
delivery, which may be in an electronic format.
(C) A Contractor who complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
21.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
17OO CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E.MAI L: RAFAELG RANADOMIAMI BEACHFLGOV
PHONE: 305-673-7411
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
27
NCAC #187
lN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their
seals to be affixed, all as of the day and year first above written, indicating their Agreement.
Aftest:CITY OF MIAMI BEACH, FLORIDA
Rafae! E. Granado, City Clerk Philip Levine, Malor
Attest:
Print Name and Title Print Name and Title
28
NCAC #188
Exhibit 1
Barry Kutun Boat Ramp at Maurice Gibb Memorial Park
Commercial Concession Sife Plan
A\
\' .e
;r;
* crossed morked section is concession oreo
29
NCAC #189
Exhibit 2
Application for Commercial Concess,on Operations
at Public Boat Ramps
30
NCAC #190
Exhibit 3
Re/ease Form
31
NCAC #191
Exhibit D: Resolution No. 2076-29370
NCAC #192
RESOLUTTON NO. 2OL6-29370
A RESOLUTION OF THE MAYOR AND CITY COMMISSTON OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATTON OF THE NETGHBORHOOD AND
CoMMUNITY AFFAIRS COMMTTTEE (NCAC) AND AppROVtNG, tN CONCEPT, A ptLOT
PROGRAM FOR WATER TAXI SERVICES AT THE PURDY AVENUE DOCK; AUTHORIZING
THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WTH WATER TAXI MIAMI, INC.
FOR THE PILOT PROGRAM, PURSUANT TO tNVtTATtON TO NEGOTTATE (tTN) 2014-326-
JR FOR A PUBLIC WATERBORNE TRANSPORTATION CONCESSION; SAID AGREEMENT
HAVING A TERM OF ONE YEAR, BASED UPON THE ESSENTIAL TERMS SET FORTH tN
THIS RESOLUTION; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FINAL NEGOTIATED AGREEMENT.
WHEREAS, on November 19, 20'14, the City Commission adopted Resolution 20'14-28847
authorizing the Administration to negotiate with lsland Queen CruisesMater Taxi Miami lnc.
(Concessionaire) for a Public Waterborne Transportation Concession at several locations throughout the
City pursuant to lnvitation To Negotiate (lTN) 2014-326-JR; and
WHEREAS, on January 29,2015, the Administration held a negotiations meeting including staff
from pertinent Ci$ departments, including Transportation, Procurement, Legal, and Tourism as well as
representatives of the Concessionaire; and
WHEREAS, the initial discussions were held regarding locations, proposed plan of action and
desired outcome as well as the City's intent to provide low cost service comparable to existing transit
services for commuters and residents of Miami Beach; and
WHEREAS, during subsequent negotiation meetings, the Concessionaire expressed some
concerns with starting operation during 2015 due to construction of the west Venetian Causeway bridge;
and
WHEREAS, the closure of the bridge represented an impact to the Concessionaire's proposed
headways and a burden to the commuters who would have to travel nearly one hour to go from Bayside
to Sunset Harbour; and
WHEREAS, on November 3, 2015, the Administration held a follow-up negotiations meeting with
the Concessionaire where draft terms prepared by the City based on existing Agreements for Waterborne
Transportation Concessions (water taxi service) by other public agencies within the State of Florida were
discussed; and
WHEREAS, the Concessionaire requested to perform a pilot program during Art Basel2015 prior
to accepting the terms in the proposed draft terms due to the Concessionaire's concerns regarding
potential ridership, adherence to schedule, and potential operational issues associated with a permanent
service; and
WHEREAS, on December 2, 2015, the City of Miami Beach executed a Temporary Letter
Agreement with Water Taxi Miami, for the operation of a waterborne concession service pilot program
during Art Basel 2015 from December 3 to December 6, 2015, which allowed the Concessionaire to
operate a water taxi service on an hourly basis between the hours of 11:00 AM and 11:00 PM from/to Sea
lsle Marina (near Omni Transit Station) in the City of Miami to/from Purdy Avenue Dock in the City of
Miami Beach, while being manned by Concessionaire during the hours of operation; and
WHEREAS, on January 25,2016, the Concessionaire met with City staff and advised that based
upon the limited demand for water taxi services during the Art Basel event, Concessionaire could not
proceed with the obligation to fund the construction of a permanent dock, and instead proposed a pilot
NCAC #193
program for special events and the start of water taxi services on a limited basis in order to advertise the
service and allow for a ramp-up period for a commuter service between the City and the mainland; and
WHEREAS, on February 9, 2016, the City of Miami Beach issued a special event permit to the
permittee of the Yacht Show for the operation of a water taxi service pilot program during Yacht Show
2016, from February 11 to February 15, 2016, which allowed the Concessionaire to operate a frequent
water taxi service between the hours of 8:00 AM and 10:00 PM from/to Bayside in the City of Miami
to/from Purdy Avenue Dock in the City of Miami Beach free of charge for the riders; and
WHEREAS, during the Yacht Show, the Permittee was required to pay a City dock fee to cover
the cost of a dedicated dock master, who was retained by the City to ensure the legal, organized, and
safe operation of water taxi service by Water Taxi Miami at the Purdy Avenue Dock; and
WHEREAS, on March 11, 2016, the NCAC recommended that the Administration submit the
conceptual plan of a pilot program for water taxi service at the Purdy Avenue Dock with more specific
details for consideration and direction by the full City Commission meeting; and
WHEREAS, in connection with allowing this limited commercial use of the dock for a pilot
program for water taxi services, the Administration recommends considering the current uses at the Purdy
Dock and boat ramp, including enforcement action for continued violations of prohibited commercial uses;
and
WHEREAS, the ITN required the Concessionaire to provide water taxi services and to provide the
docking facilities; however, based upon the concerns expressed by the Concessionaire, the
Administration recommends that the City take responsibility for the construction of the docking facilities
and include said project cost as a submittal in the fiscal year 2016-2017 proposed capital budget; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve and
authorize a one year pilot program, based upon the following essential terms:
A. Route: servicing Purdy Avenue Dock as part of the current water taxi route (Bayside
Marketplace-Miami Beach Marina-Sea lsle Marina-Bayside Marketplace);
B. Operation: weekend operation (Friday to Sunday) at the Purdy Avenue dock, using a 38
passenger vessel with the ability to accommodate bicycles;
C. Hours of Ooeration: 11:30 AM to 7:00 PM (summer time) with the ability to extend the hours
of operation from 7:30 AM to 11:30 PM once demand warrants; proposed frequency of
service is 90 minutes;
D. Fares: children under 1 yearof age: no charge; adults/children over l year of age: $15-$30
for one way/round trip; City of Miami Beach residents, senior citizens and military service
members $10-$20; a monthly pass: $95; and an annual pass: $295;E. Dock Master: Concessionaire committed to providing the water taxi attendant at the Purdy
Dock during hours of operation to assist water taxi passengers to and from the Purdy Dock;
andF. Fee to City: Concessionaire shall pay a surcharge per ticket sold that would help fund a City
dock master, with the following surcharges: $0.75 fortickets $1.00-$14.99; $1.00 fortickets
$15.00-$29.99, and $2.00 for tickets $30.00 and up.
WHEREAS, at the April 13, 2016 City Commission meeting, the Mayor and City Commission
approved, in concept, a pilot program for water tiaxi services and authorized the Administration to
negotiate a one year agreement, based upon the essential terms set forth in this Resolution, with the
following amendments: 1) the agreement must include a termination (for cause) clause with a notice and
cure provision; 2) any expansion of operations based upon demand must be preapproved by the City
Commission; 3) the City is directed to explore all funding options in connection with the construction of a
dock which addresses the needs of motorized and non-motorized vessels; and 4) the City shall retain a
full-time employee during the day to prevent unauthorized commercial operations at the Purdy Dock.
NCAC #194
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the
recommendation of the Neighborhood and Communig Affairs Committee (NCAC) and approve, in
concept, a pilot program for water taxi services at the Purdy Avenue dock; authorize the Administration to
negotiate an agreement with Water Taxi Miami, lnc. for the pilot program, pursuant to lnvitation to
Negotiate (lTN) 2014-326-JR for a Public Waterborne Transportation Concession; said agreement having
a term of one year, based upon the essential terms set forth in this Resolution; and further authorize the
City Manager to execute the final negotiated agreement.
PASsED AND ADoPTED THIS I3 DAY OF ,4P,iI 2016.T-
APPROVED ASTO
FORM & TANGUAGE
ATTEST:
T:\AGENDA\201 6lApril\Conceptually Approving the Waler Taxi
NCAC #195
Exhibit E: Resolution No. 2076-29677
NCAC #196
RESOLUTTON NO. 2016-29617
A RESOLUTION OF THE MAYOR AND CITY COMMISSTON OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER
TO PLACE ALL FUTURE APPLICATIONS FOR COMMERCIAL
CONCESSION OPERATIONS AT THE BARRY KUTUN BOAT RAMP ONA NEIGHBORHOOD'COMMUNITY AFFAIRS COMMITTEE AGENDA
FOR THE COMMITTEE'S CONSIDER.ATION AND RECOMMENDATION
PRIOR TO THE CITY COMMISSION'S CONSIDERATION OF SUCH
COMMERCIAL CONCESSION OPERATIONS AND RELATED
CONCESSION AGREEMENTS.
WHEREAS, at its October 19, 2016 regular meeting, the City Commission discussed
applications for commercial concession operations at the Barry Kutun public boat ramp in
conjunction with discussion item R9 AL; and
WHEREAS, following its discussion of the item, the City Commission directed that all
future applications for commercial concession operations at the Barry Kutun public boat ramp
be submitted to the Neighborhood/Community Affairs Committee (NCAC) for its
recommendation prior to the City Commission's consideration of the commercial concession
operations and related concession agreements; and
WHEREAS, in order for the NCAC to consider and provide a recommendation to the
City Commission, the City Manager should place all future applications for commercial
concession operations at the Barry Kutun public boat ramp on an NCAC agenda prior to the
City Commission's consideration of such commercial concession operations and related
concession agreements.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Manager to place all future applications for commercial
concession operations at the Barry Kutun public boat ramp on a Neighborhood/Community
Affairs Committee agenda for the Committee's consideration and recommendation prior to
the City Commission's consideration of such commercial concession operations and related
concession agreements.
PASSED AND ADOPTED this 19th day of October, 2016
F: IATTO\TURN\RESOS\IICAC REVI EW
NCAC #197
Exhibit F: Current Concession
Agreement Appliconts
NCAC #198
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NCAC #199
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING A POSSIBLE PLAQUE AT THE NORMANDY POOL
COMMEMORATING THE CONTRIBUTIONS OF THE LATE WARREN GREEN, LONGTIME
POOL MANAGER WHO PASSED LAST YEAR
Commission ltem R9G, December 14, 2016
(Sponsored by Commissioner Grieco)
John Rebar, Parks and Recreation Director
lreu # 19
NCAC #200
MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
MEMORANDUM
Chair and Members of the
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2017
suBJECr: A DISCUSSION REGARDING POSSIBLE PLAQUE AT THE
NORMANDY ISLE POOL COMMEMORATING THE CONTRIBUTIONS
OF THE LATE MR. WARREN GREEN, LONGTIME POOL MANAGER
WHO PASSED LAST YEAR.
At the December 18, 2016 City Commission meeting, a motion was made by Commissioner
Michael Grieco to refer the placement of a plaque the Normandy lsle Pool commemorating the
longtime Pool Manager, Mr. Warren Green, who passed away last year to the
Neig h borhood/Comm unity Affairs Committee.
Mr. Green was a 3O-year City employee who served a majority of his tenure as a Pool Manager
at Normandy lsle Pool. He was responsible for many life-saving operations at the pools and was
instrumental in the development of the City's Surf Camp for children with Autism. Mr. Green was
beloved by the community and his coworkers and had a love for the City that was
immeasurable.
Exhibit A presents the proposed 12x12 plaque draft design, which will be an estimated
$1,300.00 for production and installation. The Parks and Recreation Department will be funding
this plaque. All future maintenance costs of the plaque will be covered by the City.
ACTION REQUIRED
Committee vote to approve the placement of a plaque at the Normandy lsle Pool
commemorating the contributions of the late Mr. Warren Green, longtime Pool Manager, who
passed last year.
Attachment
Exhibit A - 12x12 Plaque Draft Design
--M
COMM
NCAC #201
12"
I
Exhibit A
12x12 Plaque Draft Design
Dedicated to the memory of
Mr. Warren Green
September 30, 1957 - May 28,2016
Pool Manager of the
Normandy lsle Pool
ln remembrance for the 30 years of
dedicated service to the City of Miami
Beach teaching countless children
and adults how to swim and stay safe
in the water.
NCAC #202
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING A 1% HOMELESS AND DOMESTIC ABUSE TA)( TO BE
COLLECTED ON ALL FOOD AND BEVERAGE SALES FOR CONSUMPTION ON PREMISES
IN MIAMI BEACH, EXCEPT FOR HOTELS AND MOTELS
Commission ltem R9K, December 14, 2016
(Sponsored by Commissioner Rosen Gonzalez)
Maria Ruiz, Director of Housing and Community Services
lrem #20
NCAC #203
MIAMIBEACH
City of Miomi Beoch , 17OO Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.
COMMITTEE MEMORANDUM
Neighborhood/Comm unity Affairs C
FRoM: Jimmy L. Morales, City Manager
DATE: January 27,2017
Beverage Consumption To Fund Efforts to End Homelessness.
This item was referred at the At the January 11,2017 Commission meeting by Commissioner
Ricky Arriola.
BAGKGROUND
ln 1993, the Florida Legislature enacted amendmentsto Section212.0306, Florida Statutes, which
authorized Miami-Dade County and other counties to levy a homeless and domestic violence tax.
The homeless and domestic violence tax tax is a one percent tax is collected on all food and
beverage sales in restaurants with sales (gross annual revenues) of more than $400,000 a year
and that are licensed by the State of Florida to sell alcoholic beverages for consumption on the
premises, except for hotels and motels. The homeless and domestic violence tax is collected
throughout Miami-Dade County with the exception of establishments in the cities of Miami Beach,
Surfside and Bal Harbour. Eighty-five percent of the tax goes to the Miami-Dade County Homeless
Trust, the governing body which oversees the use of portion of the tax dedicated to homeless
programs, and 15 percent goes to Miami-Dade County and is overseen by the Domestic Violence
Oversight Board, for the construction and operation of domestic violence centers. Based on page
210 of the FY 2016-17 Adopted Operating Budget Book, the tax is expected to generate $25.8
million in FY 2016-17, of which $21.9 million would be for homeless services and $3.9 million for
domestic violence services (Attachment 1).
The draft resolution presented at the January 11 ,2017 Commission meeting urges the legislature
to amend Section 212.0306, Florida Statutes, to allow for the collection of a one percent sales
surtax on allfood and beverage sales for consumption on the premises except hotels and motels
within the City of Miami Beach to assist homeless persons, or those at risk of homeless, and the
victims of domestic violence. ln a letter dated January 11,2017, Ron Book, Chairman, Miami-Dade
County Homeless Trust, estimated that this would generate an additional $8 million in revenues
(Attachment 3).
The City of Miami Beach separately collects a2o/o rasorttax surcharge on food and beverage for all
establishments that have a Business Tax Receipt associated with a restaurant license from the
State of Florida. The total sales tax paid at these establishments is 9 percent (State of Florida sales
Tax rate: 6%, Miami-Dade Discretionary Surtax (Local County Hospital): 0.5o/o,
Miami-Dade Discretionary Surtax -Regional Transportation System Surtax: O.5o/o, Miami Beach
Resort Tax: 2o/o). Bal Harbor and Surfside, which also charge resort tax, are at 9o/o. Miami-Dade
County budget staff has confirmed that the rest of the County is at 8 percent.
NCAC #204
Discuss Urging The Florida Legislature To Collect A 1o/o Tax On Food And Beverage
Consumption To Fund Efforts to End Homelessness
Neig hborhood/Commu nity Affairs Committee
January 27,2017
Page 2 of 4
An additional one percent would increase the sales tax rate for food and beverage establishments
in Miami Beach with gross revenues of more than $400,000 peryear to 10o/o (excluding hotels and
motels).
CITY OF MIAMI BEACH SERVICES
The City's Homeless Outreach Team continues expanding its service capacity. As a reminder, the
City operates the sole municipalwalk-in centerfor homeless services in Miami-Dade County. The
following is the Office's service numbers for last year as well as thus far this fiscal year: While the
City's initial intake services, refers homeless individuals to shelter placements, a critical success of
City service is the transition to transitional or permanent housing through a coordinated care effort,
including care coordination (replaces traditional case management) and employment, as outlined
below.
1 Data for FY 15/16 is from October 1, 2015 through June 1, 2016
Despite the very high street population, our City is very effective in sheltering those who want help
as well as obtaining permanent housing for those who follow their care plan as demonstrated by
the service data:
2 Percentage of permanent transitions as compared to official homeless count
The City purchases 52 emergency shelter beds from the following providers:. Camillus House (single men)o Lotus House (women and children)o Miami Rescue Mission (single men)o The Salvation Army (women, men and families with children)
The City also has placement privileges for up to 55 additional beds provided by the Trust. The
number of beds available fluctuates depending on their use by the City of Miami. As a member of
the Miami-Dade County Continuum of Care, the City is one of two outreach teams for the County;
the City of Miami is the other outreach team. A Continuum of Care (CoC) is a regional or local
planning body that coordinates housing and services funding for homeless families and individuals
and is a requirement for jurisdictions receiving federalfunds from the US Department of Housing
and Urban Development (HUD).
Clients Transitioned to Permanent Housing Clients Transitioned to Permanent Housing
NCAC #205
Discuss Urging The Florida Legislature To Collect A 1o/o Tax On Food And Beverage
Consumption To Fund Efforts to End Homelessness
Neighborhood/Com mu nity Atfairs Committee
January 27,2017
Page 3 of 4
Annually, the Trust purchases 1,172 beds countywide (which includes those assigned to our City).
For comparative purposes, while the City purchased 62 beds to handle a homeless census of 156
homeless (1 bed to 2.52 homeless persons in census), the Trust purchased 1,117 beds to manage
a homeless census of 826 homeless persons for Miami-Dade County (or 1 bed to Q.74 homeless
persons in census). While this ratio would suggest that there is an excess of emergency shelter
beds, in actuality there is a waitlist for non-family beds in the County.
ln terms of funding, the Trust provided the City the following funding this fiscal year.
Outreach Services $ 63.079
HMIS Data Entrv $ 12.333
lD Document Reolacement $ 25,000
Hotel Placement for Families's 10.000
TOTAL TRUST FUNDS s110.412
2 - Traditionally, the City does not fully draw these funds there is usually shelter capacity
The City leverages Trust funds with $1 ,312,000 from the General Fund. Trust funding accounts for
7.7 percent of the Office's standard operating budget. As a reminder, our office provides the
following services (some of which are unavailable elsewhere in our County):
Emergency shelter services which includes coordination
(replaces traditional case management)
$470.537
Family Reunification (relocation services to contiguous
48 states)$24,200
ldentification Document Replacement (including
immioration documents)$4,200
Short-Term Employment (via HOPE in Miami-Dade, lnc.)$60,000
Personnel and Operatinq Costs $753,063
TOTAL $1,312,000
Miami Beach Employment Program
The Office has expanded its engagement efforts to include the employment of homeless clients in
shelter as outreach workers joining our Team in the field. The City had utilized Community
Development Block Grant (CDBG) funds to contract HOPE in Miami-Dade, lnc. to screen and
employ homeless clients referred by the City at a cost of $41 ,434.The program, which launched
April 2016, has proven very effective resulting in the following in only its first two months:
Number of Homeless Clients Emoloved Throuoh the
# of Homeless the Homeless
# of Clients Enoaoed bv the Homeless Who Accepted Shelter
# of Clients Enqaqed bv the Homeless Who Acceoted Other Services
3 Two of the eight employed clients employment before completing the program.
NCAC #206
Discuss Urging The Florida Legislature To Collect A 1o/o Tax On Food And Beverage
Consumption To Fund Efforts to End Homelessness
Neighborhood/Commu nity Affairs Committee
January 27,2017
Page 4 of 4
HOMELESS CENSUS
The City's homeless census for January,2016 reflected 156 homeless people in our City, a 19
percent decrease from the prior January. ln comparison, the total number of unsheltered persons in
Miami fell by two percent to 982 people for the same period.
The August count for the City of Miami Beach increased to 208, a 6% increase from the August
2016 count of 196., it is important to note that the count for the Miami increased as well, from 1067
to 1126, a similar 6 percent increase. lt cannot be determined whether this is a trend or a
fluctuation,
The next homeless census is scheduled for January 26,2017.
CONCLUSION
The administration is seeking direction on this issue.
JLM/KGB/MLR
NCAC #207
ATTACHtlEl\lT 1
APPENDIX O: TMNSIENT LODGING AND FOOD AND BEVERAGE TAXES
FOR TOURIST DEVELOPMENT, CONVENTION DEVELOPMENT, AND HOMELESS / ND DOMESTIC VIOLENCE PROGRAMS AND FACILITIES
Imposed Permissible Use Distributed To Collections*
2% Tourist
Development".
- Transient Lodging
lgTg Cmvmtion centers, arenas,
auditoriums; promote and advertise
tourism; convention/tourist bureaus;
beach maintenanceiimprovements
60u/o less $1,'100,000 to Greater
Miami Convention and Visitors
Bureau; 20% to Dept. of Cultural
Affairs; 20% to facilities within
the City of Miami; $1,100,000 to
the Tourist Development Council
grants
FY 2014.15 Actual: $ 24,918,694
FY 2015-16 Projection: $ 27,090,000
FY 2016-17 Estimate: $ 28,069,000
2% Tourist 1990
Development Surtax'*
- Food and Beverages
(sold in hotels and motels)
Countywide convention/visitors bureau
for promotional activity
100% less $100,000 to Greater
Miami Convention and Visitors
Bureau $100,000 to Tourist
Development Council
FY 2014.15 Actual: $ 7,580,192
FY 2015.16 Projection: $ 7,979,000
FY 2016-17 Estimate: $ 8,298,000
Florida Statutes Section 212.0306: County Code section 29-51
3% Convention
Development*
- Transient Lodging
1983 2/3 to largest public convention center
then excess to County for
constructing/operating stadiums,
arenas, auditoriums, exhibition halls,
light rail systems; 1/3 to be spent in
most populous city for eligible projects
such as constructing/operating
stadiums, arenas, auditoriums, and
exhibition halls
Miami-Dade County for bond
payments for the Performing Arts
Center and neighborhood
cultural facilities, Performing Arts
Center operations, American
Airline Arena
operations/maintenance,
lnterlocal payments to City of
Miami Beach and City of Miami;
residuals to Miami-Dade County
for eligible projects
FY 2014-15 Actual: $ 75,512,712
FY 2015.16 Projection: $ 80,125,000
FY 20'16.17 Estimate: $ 84,978,000
Florida Statute 212.0305 U)@; County Code section 29-60
1% Professional
Sports Franchise*
- Transient Lodging
1gg0 To pay debt service on bonds issued to
fi nance construction, reconstruction or
renovation of a professional spo(s
Miami-Dade County to pay debt
service on bonds
FY2014-15Actual: $ 12,459,347
FY 2015.16 Projection: $ 13,545,000
FY 2016.17 Estimate: $ 14,034,000
franchise facility
Florida Statute 125.0104 (3)(l); County Code section 29-51
1% Food and Beverage 1993
Tax for Homeless and
Domestic Violence*
(premises of consumption
excluding hotels and motels)
Florida Statute 212.0306; County Code section 29-51
85% for homeless programs and 15%
for the constructron and operation of
domestic violence centers
Approximately 85% to Homeless
Trust and approximately 1 5% to
Miami-Dade County for domestic
violence centers
FY 20'14.15 Actual: $ 23,091,177
FY 2015.16 Projection: $ 24,358,000
FY 2016-17 Estimate: $ 25,819,000
NOTE: Pursuant to state statute, FY 2016-17 estimates are budgeted at 95% of estimated revenues
. Excluding collection fees
.. Geographic area incldues Miami-Dade County except Miami Beach, Bal Harbour and Surfside*. Geographic area inclduesMiami-Dade County except Bal Harbour and Surfside
210 NCAC #208
Office of Economic and Demographic Research
History of Local Option Tourist Tax Levies
Summary of lmpositions, Expirations, and Rate Changes
ffi as of Julv 1.2016. Are Noted in Bold ltalics. fflf#
The Miami-Dade municipalities of Bal Harbour and Sur6ide impose a 4% Municipal Resort Tax and are exempt from the cnunty's
Tou"ristDe,velopment Texsndcsnvcntion€eve{opmentTax. Tte municipa'llty ofltJ[iami Beach imposes a 4Y6lclunicipal
Tax and is exempt from the county's Tourist Development Tax levy, but is not exempt from the county's Conventiofl Development
ax levy.
Source: Florida Department of Revenue's "History of Local Sales Tax and Current Rates" (Last Updated: July 1, 2016).
://reven uelaw.state.fl . us/Pa ges/Browse. aspx#3-17 -23
201.5 Local Govemment Financial lnformation Handbook Page244
NCAC #209
ATTACHUEI.IT 2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF MIAMI BEACH URGING THE FLORIDA
LEGISLATURE TO AMEND SECTION 212.0306, FLORIDA
STATUTES, AND ALLOW FOR THE COLLECTION OF A
ONE PERCENT SALES SURTAX ON ALL FOOD AND
BEVERAGE SALES FOR CONSUMPTION ON PREMISES
EXCEPT HOTELS AND MOTELS WITHIN THE CITY OF
MIAMI BEACH TO ASSIST HOMELESS PERSONS, OR
THOSE AT RISK OF HOMELESSNESS, AND VICTIMS OF
DOMESTIC VIOLENCE
WHEREAS, Section 212.0306, Florida Statutes, authorizes Miami-Dade County
to levy a homeless and domestic abuse tax.
WHEREAS, pursuant to Section 212.0306, this one percent tax is collected on all
food and beverage sales in much of Miami-Dade County by establishments that are
licensed by the State of Florida to sell alcoholic beverages for consumption on the
premises, except for hotels and motels.
WHEREAS, the homeless and domestic violence tax is collected throughout
Miami-Dade County with the exception of establishments in the cities of Miami Beach,
Surfside and Bal Harbour.
WHEREAS, 85 percent the tax receipts goes to the Miami-Dade County
Homeless Trust, the governing body which oversees the use of portion of the tax
dedicated to homeless programs, and 15 percent goes to Miami-Dade County and is
overseen by the Domestic Violence Oversight Board, for the construction and operation
of domestic violence centers.
WHEREAS, when the homeless tax legislation was enacted in 1993, state
statute exempted cities or towns imposing a municipal resort tax as authorized by
Chapter 67-930 from the homeless and domestic abuse tax.
WHEREAS, Miami Beach wishes to urge the Florida Legislature to amend
Section 212.0306, and allow the one percent homeless and domestic abuse tax to be
collected on all food and beverage sales for consumption on premises in Miami Beach,
except for hotels and motels.
WHEREAS, in accordance with Section212.A306, and subject to the subsequent
amendment of Miami-Dade County Ordinance No. 94-66 by the Miami-Dade Board of
County Commissioners, 85 percent of tax receipts would go to the Miami-Dade County
Homeless Trust, to assist persons who have become or are about to become homeless,
and 15 percent would go toward the construction and operation of domestic violence
NCAC #210
centers, ensuring that proceeds are used in a manner which will provide the greatest
benefit to homeless persons and the community as a whole.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT THIS BOARD
Section 1: Urges the Florida Legislature to amend section 212.0306, Florida
Statutes, and allow for the collection of a one percent tax on all food and beverage
sales for consumption on premises within the City of Miami Beach to assist homeless
persons, or those at risk of homelessness, and victims of domestic violence.
Section 2: Directs the City Clerk to transmit a certified copy of this resolution to
the Governor, the Senate President, the House Speaker, and the Chair and Members of
the Miami-Dade County State Legislative Delegation.
Section 3: Directs Miami Beach's state lobbyists to advocate for the legislative
action set forth in Section 1 above, and authorizes and directs Miami Beach's
Legislative Affairs Office to include this item in the 2017 State Legislative Agenda.
PASSED and ADOPTED this _th day of 2016.
ATTEST:
PHILIP LEVINE, MAYOR
RAPHAEL E. GRANADO, CIry CLERK
NCAC #211
ATTACHIIENT 3
EHIAFI}DAtrEIElrTffirL
January LL,2077
Jimmy Morales
Manager, City of Miami Beach
Miami Beach City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
VIA ELECTRONIC MAIL
Dear Manager Morales:
As a conversation continues on homelessness in Miami Beach and available resources, below please find as
requested additional information on the Food & Beverage Tax (F&B Tax), how it's administered, and a working
projection on revenues if the current exemption on Miami Beach, Surfside and Bal Harbour was removed.
ln 1993, the Florida Legislature enacted amendments to Section 212.0306, Florida Statutes, which authorize
Miami-Dade and other counties to levy a homeless and domestic violence tax, 85 percent of which goes toward
homeless programs and 15 percent of which goes toward the construction and operation of domestic violence
centers. The F&B Tax became the first dedicated source of funding for homelessness through a tax in the
country.
The one percent F&B Tax is applied to restaurants with sales (gross annual revenues) of more than S4OO,OOO a
year and an alcoholic beverage license. Restaurants within hotels and motels are excluded, as are alcoholic
beverages sold by the package for off-premises consumption. Fast food establishments which do not have
alcoholic beverage licenses are also excluded from the tax.
Beginning in 1993, the F&B Tax was levied and imposed throughout the incorporated and unincorporated areas
of Miami-Dade County, Florida, except within the municipal limits of Miami Beach, Bal Harbour and Surfside,
pursuant to state statute which exempted the municipalities which had imposed a municipal resort tax pursuant
to Chapter 67-930, Florida Statutes.
The imposition of the F&B Tax more than 20 years ago, together with the development of the Miami-Dade
County Community Homeless Plan and the creation of the Miami-Dade County Homeless Trust, which is
responsible forthe implementation of the Plan, has had a profound impact on homelessness in Miami-Dade.
The Trust, together with the City of Miami Beach, has been proactively tackling homelessness for many years.
Today, fewer than 1,000 unsheltered homeless persons remain on the streets, compared to the estimated 8,OOO
people who filled overpasses and lined bayfront property in the early 1990's. Large homeless encampments
are, for the most part, gone. A loose-knit collection of well-meaning social service agencies and faith-based
organizationsserving the homeless, primarily offering overnight emergency shelter and soup kitchen services,
has evolved into a continuum of care which integrates and coordinates more than 20 non-profit providers and
NCAC #212
nearly 140 programs providing housing and services to the homeless utilizing evidenced-based practices,
continuum-wide standards of care, and data-driven decision making focused on outcomes. As envisioned, the
F&B Tax has also been instrumen.tal in lever:aging additional resources. Today, the F&B Tax makes up
approximately 34 percent of the Trust's budget, with 49 percent of revenues coming from state and federal
grants.
Today, approximately 20 percent of the current homeless population in Miami-Dade County remains on Miami
Beach, and many are hard-to-serve chronically homeless persons who are shelter resistant. These men and
woman often have a combination of mental health problems, substance abuse disorders and medical
conditions. Without connections to the right types of care, these individuals often cycle in and out of hospital
emergency departments, substance abuse programs, jails, prisons and psychiatric institutions at a high cost to
taxpayers. Among the evidence-based solutions to chronic homelessness is Permanent Supportive Housing,
which combines affordable housing and supportive services that help people achieve housing stability and get
connected to health care and other social services. Together with other interventions, including Specialized
Outreach Teams capable of engaging, assessing and administering medical treatment to hard-to-reach
chronically homeless individuals, we can meet the goal of ending homelessness in Miami-Dade. However, more
resources are needed to get people offthe streets and under a roof.
Miami Beach, Surfside and Bal Harbour are uniquely positioned to further assist in this effort by urging the
Florida Legislature to amend Section 272.0306, and allow the one-percent homeless and domestic abuse tax to
be collected on all food and beverage sales for consumption on premises in Miami Beach, except for hotels and
motels. lt's estimated that removing the tax exemption could provide an additional 58 million in revenue.
With the legislative session fast approaching, we look forward to working with you and the elected leadership
of Miami Beach to address homelessness more aggressively with enhanced resources.
Sincerely,
.,L&L./€
Ronald L. Book
Chairman
Miami-Dade County Homeless Trust
Miami Beach Mayor Philip Levine
Miami Beach Commissioner Mickey Steinberg
Miami Beach Commissioner Michael Grieco
Miami Beach Commissioner Joy Malakoff
Miami Beach Commissioner Kristen Rosen Gonzalez
Miami Beach Commissioner Ricky Arriola
Miami Beach Commissioner John Elizabeth Aleman
Miami-Dade County Homeless Trust Board Members
Miami-Dade Mayor Carlos A. Gimenez
Miami-Dade County Chairman Esteban Bovo, Jr. and Members, Board of County Commissioners
Russell Benford, Deputy Mayor, Miami-Dade County
Shannon Summerset-Williams, Esq., Assistant County Attorney
Victoria L. Mallette, Executive Director, Miami-Dade County Homeless.Trust
NCAC #213
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DrscussroN AND UpDATE RELATTNG To rRAFFrc cALMTNG soLUTroNS AT 24rH
STREET AND COLLINS AVENUE
Commission ltem R9M, December 14, 2016
(Sponsored by Commissioner Steinberg)
Jose Gonzalez, Transportation Director
lreu #21
NCAC #214
MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMI
TO:Neig hborhood/Comm unity Affairs Comm ittee
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJECT: DISCUSSION AND UPDATE RELATING TO TRAFFIC CALMING SOLUTIONS AT
24 STREET AND COLLINS AVENUE
BACKGROUND
Over the past years, the City has made various requests to Miami-Dade County and the Florida
Department of Transportation (FDOT) regarding various reported pedestrian safety issues at the
intersection of Collins Avenue and 24th Street. Given the pedestrian bridge connection to the
Collins Park Neighborhood and a number of destinations on both sides of Collins Avenue, the
intersection of Collins Avenue and 24th Street is a high activity pedestrian crossing location.
Below is a timeline of requests by the City to FDOT regarding potential safety improvements at
this location from 2009 to date (and FDOT's response to each):
2009 - At the request of Mr. Ray Breslin, Miami-Dade County Public Works removed the
Flashing Yellow and Flashing Red that occurred between 3:00 AM and 7:00 AM
and placed the signal on normal operation during those times. Normal operation
increases pedestrian safety because it enables the use of the pedestrian push-
buttons.
2010 - At the request of Mr. Breslin, FDOT installed "No-Outlet" signs at 24th Street and
increased the All-Red time at the signal to ensure that the intersection is cleared
by vehicular traffic prior to pedestrian signal activation.
- ln the same request FDOT denied the removal of the push buttons to cross
Collins Avenue at24th Street to protect efficiency of the signal operations.
Removal of parking to implement a bus bay was also denied by FDOT as part of
its response to Mr. Breslin's concerns.
FDOT also denied Mr. Breslin's request to remove the guard rail north ol 24th
Street given that clearance distance to the roadside hazard (Lake Pancoast) is
less than the minimum standard clearance of 40 feet.
FDOT also denied the implementation of a traffic signal for the Gansevoort (One
Hotel) circular driveway because the driveway does not generate sufficient traffic
MEMORANDUM
NCAC #215
NCAC Memorandum: Discussion And Updote Relating To Troffic Calming Solutions At 24 Street And Collins Avenue
Jonuary 27,2077
Poge 2 of 3
to warrant a traffic signal and more importantly, it does not provide enough
clearance to the adjacent signalized intersections (23'd Street and 24th Street)
- At the request of Mr. Breslin, FDOT evaluated the intersection of Collins Avenue
and 23rd Street for pedestrian safety concerns and found no issues at that time. !t
is worth noting that in 2012, an FDOT Project in the area improved the
intersection by adding pedestrian signals at the two (2) driveways on the two
driveways of Collins Avenue.
2012 - City staff and FDOT staff met with Mr. Breslin on-site to discuss the crosswalk
location. Mr. Breslin requested that the north crosswalk align with the pedestrian
bridge at the intersection of 24th Street. FDOT denied the request due to concerns
with increasing crossing distance and not meeting minimum clearance to the
traffic signal al24th Street.
2012 - At the request of Mr. Breslin, a pedestrian lead was added at the intersection of
Collins Avenue and 24th Street to increase safety for pedestrians. The pedestrian
lead allows pedestrians 3-4 seconds to cross while all other movements are
stopped on red.
2013 - FDOT denied Mr. Breslin's request to relocate the guard rail south of 24th street to
behind the curb because it would not meet FDOT's minimum clearance standards.
2015 - The City and FDOT met with Mr. Breslin and the City requested that FDOT
consider the installation of speed feedback signs, installation of bollards the west
sidewalks, curve realignment, and relocation of a "No U-Turn" sign from the west
side to the east side of Collins Avenue at 24th Street. FDOT approved the
installation of the speed feedback signs and the relocation of the "No U-Turn"
sign. The installation of bollards was not approved because in order to achieve
the minimum clearance standards, the bollards would need to be installed in the
middle of the sidewalk. The installation of bollards at this location would greatly
reduce the effective sidewalk width.
2016 - ln December 2016, FDOT advised that the installation of the speed feedback
signs would be completed in approximately six (6) months.
One of the improvements identified by the City is the realignment of the horizontal curve at 24t
Street. This improvement would constitute a major roadway project. Projects of this magnitude
are required to be vetted through the Miami-Dade Metropolitan Planning Organization Long
Range Transportation Plan Process for prioritization and programming of funds.
At the December 14 City Commission meeting, the Commission referred the item to the
Neighborhood/Community Affairs Committee (NCAC) to review additional concerns and
recommendations.
NCAC #216
NCAC Memorondum: Discussion And Update Reloting To Traffic Colming Solutions At 24 Street And Collins Avenue
Januory 27,2077
Poge 3 of 3
CONCLUS!ON
This item is being presented to the NCAC for discussion and further input.
nF, JEs
KIFB/JRG/JFD
F:\TMN\$ALL\Cornmitee Memos\NCAC\2017Uanuary\NCAC Memo GollinsAvenue and 24th Street.doo<
NCAC #217
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING THE SITE PLAN FOR NORTH SHORE OPEN SPACE PARK
Commission ltem C4A, January 11,2017
(Capital I mprovement Projects)
David Martinez, Capital lmprovement Projects Director
lreu #22
NCAC #218
MIAMIBEACH
City of Miomi Beoch, ,l700 Conveniion Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
ITTEE MEMORANDUM
TO:Members of the Neighborhood Communi ffairs Committee
FRoM: Jimmy L. Morales, City
DATE: January 27,2017
SUBJECT: DISCUSSION REGARDING
SHORE OPEN SPACE PARK.
SITE PLAN FOR THE NORTH
BACKGROUND
On December 17,2014, Resolution No. 2014-28878 was adopted by the City Commission,
approving the North Shore Open Space Park (the "Project") Master Plan.
On July 9, 2015, Request for Qualifications No. 2015-211-KB (the "RFQ") was issued for
Architectural and Engineering Design Services for the Project.
On December 9, 2016, Resolution No. 2015-29233 was adopted by the City Commission,
authorizing the City to negotiate with Calvin, Giordano and Associates, Inc. (Consultant). The
negotiations were successful and an agreement was executed with the Consultant.
ANALYSIS
On September 7, 2016, a Community Presentation was held, where the design team presented
the master plan and intended design concepts. Subsequently, various design meetings, to
review operational requirements, were held with City departments, including Parks and
Recreation, Public Works, Planning, Greenspace, Environmental/Sustainability, Property
Management, Economic Development, Transportation, Police, Fire and the Building Department.
The project to renovate North Shore Open Space Park, as proposed in the 20'14 master
plan, includes the following components:
. Circulation and Lighting
o Expansion and enhancement of the pathway network
o New pedestrian scale lighting
o Design and construction of the final, northernmost, section of the City's
beachwalk system
o Gateways
o New iconic gateways
o Park signage
o Planting
o Revitalized lawns
o Tree pruning for visibility
o Removal of invasive plants
o Diversified native plant palate
o Redefinition of conservation areas
NCAC #219
North Shore Open Space Park
January 27, 2017
Page 2 ol 2
o Program enhancements
o New shade structures
o Refurbished restroom facilities
o Refurbished picnic shelters
ln addition, the City's Parks and Recreation Department has asked that the project consider and
implement the replacement of the existing playground with a new playground and safety surface.
Currently, the design of the Project is approximately 30% complete. The design of the project was
scheduled to be presented at the January 3'o, 2017 Design Review Board (DRB) hearing, but was
opened and continued to a subsequent meeting. On January 11, the City Commission referred
the park design to the Neighborhood/Community Affairs Committee for discussion and review.
Following the review of the project design by the Neighborhood/Community Affairs Committee,
the project will be presented at a DRB Hearing. A community presentation of the design is
scheduled for January 24,2017.
JLM'@N
Attachments:
Exhibit A: Project Site Plan
FICAP|\$all\_COMMISSION ITEMS AND COMMITTEE ITEMS\ Commission COMMITTEES\NeighborhoodCommunity Affairs Committee\January 27,
201 71Discussion.NSOSP.SitePlan.Memo.docx
NCAC #220
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NCAC #221
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING LOWERING SPEED LIMITS AND/OR TRAFFIC CALMING IN
RESIDENTIAL NEIGHBORHOODS
Commission ltem R9F, January 11,2017
(Sponsored by Commissioner Grieco)
Jose Gonzalez, Transportation Director
lreu #25
NCAC #222
MIAMI BEACH
Cify of Miomi Beoch, I 700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
To: Neighborhood/Community Affairs
FROM: Jimmy L. Morales, City Ma
DATE: January 27,2017
SUBJECT: DISCUSSION REGARDING L NG SPEED LIMITS AND/OR TRAFFIC
CALMING IN RESIDENTIAL NEIGHBORHOODS
BACKGROUND
Maximum operating speed limits are set primarily to facilitate public safety and are based on
roadway characteristics and engineering studies to identify the 85th Percentile Speed (the speed
at which 85% of the motoring traffic feels comfortable driving under normal conditions).
According to the State Statute 319.189, speed limits on all local roadways shall be set at 30
Miles Per Hour (MPH) unless an engineering study demonstrates otherwise. The Statute
provides that a jurisdictional agency may set a maximum speed limit of 20 or 25 MPH on local
streets and highways should an investigation determine that such a speed limit is reasonable.
Pursuant to Miami-Dade County Home Rule Charter, the County has jurisdiction over traffic
control, including establishing speed limits on local roadways, even within municipalities. ln
response to City staffs inquiry, the County advised that it would have no objection to lowering
speed limits, if such lowering is warranted and confirmed by a Traffic Engineering Speed Study.
A Traffic Engineering Speed Study consists of collecting 72-hour spot-speed data at various
locations along the corridor or all corridors in a neighborhood, to determine the 85th Percentile
Speed. lf the 85th Percentile Speed is lower than thJposted speed limit (by 5 MPH or more), the
U.S. Department of Transportation (USDOT) Manual on Uniform Traffic Control Devices
(MUTCD) allows lowering of the posted speed limit. lt is important to highlight that lowering the
speed limit without a thorough review of the 85th Percentile Speed can genLrate concernJwith
reduced compliance with the posted speed limit and other safety concerns. Conversely, a
Traffic Engineering Speed Study may determine that the 85th Percentile Speed warrants
increasing posted speed limits along certain roads in the City. Attached is a map of current
posted speed limits along streets in our City.
CONCLUSION
Given that it is not known whether a Traffic Engineering Speed Study would in fact confirm the
desire to lower speed limits along certain streets in our City, staff will research how other parts
of the County and State have approached this issue and what has been the approach in terms
of a justification for lowering of the speed limits in those areas. Subsequently, staff will identify
particular streets in the City where speed limits could potentially be lowered to 20 MPH and
outline the potential impacts to adjacent streets.
This item is being presented to the NCAC for discussion and input.
NCAC #223
NCAC Memonndum: Discussrbn Regading Loweing Speed Limits And/OrTntrrc Calming tn Residential Neighborhoods
January 27,2017
Page 2of2
Attachment City of Miami Beach Speed Limit Mapa]€L
4lBauac,Hro
F:\TMN\$ALL\Committee MemoeWCACt2Ol7Uanuary\NCAC Merno Discussion Regarding Lorering Speed Limils AndOr Trafiic
Calming in Reeidential Neighborhoods.doo(
NCAC #224
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NCAC #225
Neighborhood/Community Affairs Committee Meeting
JANUARY 27,2017
DISCUSSION REGARDING THE CREATION OF LEGACY BUSINESS REGISTRY AND
OTHER POSSIBLE PROGRAMS DESIGNED TO SUPPORT AND PROTECT SMALL
BUSINESSES
Commission ltem R9K, January 11,2017
(Sponsored by Commissioner Grieco)
Jeff Oris, Economic Development Division Director
lreu #26
NCAC #226
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO: Chair and Members of the
Committee
Affairs
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJECT: Discussion Regarding the C of a Legacy Business Registry
BACKGROUND:
Commissioner Grieco, at the City Commission's January 11,2017 meeting, brought
forward an item to discuss the creation of a Legacy Business Registry. The purpose of
such a program is to identify and recognize certain small businesses within a community
as historic assets in order to preserve neighborhood character.
Pioneered by the City of San Francisco, California, the Legacy Business program was
designed to preserve neighborhood character by providing assistance to small
businesses that were 30 years or older, have contributed to their neighborhood's history,
and which agree to maintain their identity, name and craft.
The program was created in response to increasing property values within the City that
caused sharp increases in commercial rents. While these rent increases were difficult for
all small businesses to absorb, residents and elected officials became increasingly
concerned at the loss of longtime businesses that were closely identified with a
particular neighborhood and key to the neighborhood's identity and character.
The San Francisco program utilizes a registry in which key small businesses (small
business is defined as a business of 100 employee or less) are nominated to be
included on the registry and go through a process of acceptance not unlike the
designation of an historic property. Once on the registry, the businesses are eligible for
annual grants of $4.50 per square foot occupied by the legacy business up to $5,000 per
business (if sufficient allocation does not exist in the dedicated fund for the program,
grants are made on a prorated basis).
Commissioner Grieco also shared a website and an article regarding this program.
lnformation from these can be found attached and at the following websites:
http://leoacvbus i nesssf . com
http://www.curbed.com/2016/10/17113291 184/small-business-qentrification-
h istoric-oreservation
NCAC #227
ANALYSIS
San Francisco's program may be one of the only such programs in the nation designed
to insure that such neighborhood defining businesses are given assistance based
entirely on their status as a long-standing business. The City of Miami Beach certainly
has had or currently has businesses that residents, visitors and other would identify as
those that help to identify a neighborhood or the City as a whole. Like San Francisco,
Miami Beach is experiencing increasing values and thereby commercial rents, though
these increases are not quite as sharp. The one exception might be Lincoln Road where
property values in the last few years have exploded and rents have placed the area in
one of the top ten most expensive streets to do business in the country. These rents are
causing a transformation of Lincoln Road from smaller, mom-and-pop type stores and
restaurants, to larger retail shops that are often a flagship store for a national or
international chain. lncreasing rents are of most concern to the restaurants on Lincoln
road. These restaurants are one of the major draws to the street and tend to drive the
retail shopping.
It is possible, even without financial incentives, that designation of a business as a
Legacy Business by the City may be a desired marketing tool, and a way for the City to
identify its defining businesses. To this end, it may be worth exploring, creating the
registry even if grants are not contemplated.
AGE OF BUSINESSES
ln an effort to make a determination of the number of businesses that might be eligible
for such a program if it were created in Miami Beach, staff undertook a limited review of
business tax receipt (BTR) data to determine the number of businesses that have
existed in the City for more than 20 years. The review was a limited look at the numberof businesses currently in existence that obtained a BTR (formerly called an
Occupational License) more than 20 years ago. lnitially located data only goes back 23
years ago to information beginning in 1983.
Year of lnitial BTR # of Businesses
1983 10
1984 2L
1985 35
1986 26
1987 383*
1988 72
1989 83
1990 74
1991 83
L992 98
1993 84
L994 78
1995 78
1996 L26
*Staff is continuing to investigate the reason for the significant variance of the number of
businesses that are noted in 1987. An initial theory for this variance is the possibility that
the City changed its computer systems or other methods in this year causing the spike.
NCAC #228
The above table indicates that there are at least:
92 businesses in existence for more than 30 years
787 businesses in existence for more than 25 years
1,251 businesses in existence for more than 20 years
ADtT'IINISTRATION RECOMMEN DAT!ON
The administration would like direction from the Committee regarding the
potential of a legacy business registry and whether such registry would have
benefit City-wide or in limited areas. Additionally, the administration would like
direction from the Committee whether financial incentives are an appropriate
outcome of the registry. !f the Committee recommends financial incentives,
additional research would be needed to determine financial impacts.
Should you have any questions regarding the draft plan, please contact Jeff Oris at (305)
673-7577 x6186.
C: Kathie Brooks, Assistant City Manager
Eva Silverstein, Tourism, Culture and Economic Development Director
Vanessa Williams, Tourism, Culture, and Economic Development Assistant
Director
Jeffrey Oris, Economic Development Division Director
NCAC #229
Vote Yes on J - Presene SF s Legacy Businesses
LEEAEV BUSINESS
HISTORIC FRESERVATION
ltoItTilonrlt EtrxtfisEiotTs DoltArE rrTHEilESS COilIACT
THE 1EGACY BUSINESS HHTORE PRESEM/ANO}I
Rtr{D
IS A FIRSI I1.I IT{E NAIxr{ PROGRAM THAT
NEff}GT.IEHi
3& YEAR otll SfrIAT.L BUSI{SSES AS H|ST0RIC
ASSETS.
Gtr txvotvED
Page I of4
http JAcgacybusi nes+sf.com/
Page 676 ot775
l2n3t20t6
NCAC #230
Vote Yes on J - Prcserve S.F"s Legacy lSusinesscs
HOul IT TYORKS E},IIrcftSANEilTS DOIIATE IH THE HEI{S 0oIITACT q
ENDORSEI$SfTS
,oin our broad foairtion of *lerteri crffirials, neighb.orhocd leaclers, .rnd historic presoNJtionists
and Vote Yes on PrOpJi
RrtUsld$&tegttetr
Page 2 of4
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Superuisor Julis Chrislenssn
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Superviror Jone Kim
SuperYisor Eric Mflr
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Page677 of775
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NCAC #231
Vote Yes on J - Preseiv-e IiF's Legacy Businesses Page 3 of4
&':n l-rannism \{cmen s Prlilir:ai
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sf.crh
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THE I.EGACY BUSIHESS REGISTRY THE TEGACY BUSI}IESS HISTORIC
PRESERVATToN FUI|D (PRoP J)
http ://le gacybusinesssf. corn/
Page 678 ot775
lonlnu6
NCAC #232
Vote Yes on J - Preserve SF s Legacy Businesses
htp : //le gacybusinasssf.com/
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Page 4 of4
Page 679 o1775
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NCAC #233
How can cities save their smail businesses? - Curbed Page I of2l
r-;ffi;r \ I*EEI ,HARE
I a^f rnsruotruc Toplcs . HANDBooK cmES .
]
PROPERTY LINES
Houu can cities save their
small businesses?
New ideos and city initiotive s are trying to solye o crisrs that threotens the
stores ond shops thot moke our citfes unique
BY PATRTCK sIsSON I OCT 17,2016. ro:orAM EDT
5,
rWEET SHARE
Page 680 o1775
http://www'.curbed.comCI0l6/10/17/13291 184/small-business-genhification-historic-pres... 1f-;n3n}rc
Closed store ln Queen Anne nelghborlrood of Seaile I Curtls Crorr Rlda/Creatfue Conmons
NCAC #234
N EIG H BORHOOD/COMM UN ITY AFFAT RS COMM TTTEE PEN DI NG ITEMS
FOR INFORMATION PURPOSES ONLY
Item #Commission
Referral
Date
Title Sponsored By To Handle By Comments
7 Item R9E,
January 1j,
2016
Discussion Regarding The
Possible Addition Of A Skate
Park ln North Shore Open
Space Park
Commissioner
Arriola
Jeff Oris Last heord ot
the December
2016 NCAC
meeting. Come
back to the
January 27,
2077 NCAC
meeting with
questions
onswered obout
components.
2 Item C4l,
March 9,
2016
Traffic Management
Alternatives Discussed At The
February 24,2016
Commission Workshop On
Traffic Management
Tronsportotion Jose Gonzolez Lost heord at
September
2076 NCAC
meeting. Revisit
on Proirie
Avenue to ollow
right turns to
trovel
eostbound.
Deferred to
January 27,
2077 NCAC
meeting
pending
analysis on
traffic impocts
in the 47 street
corridor after
Art Bosel.
3 Item C4B,
July 73,2075
Discussion Regarding The
Potentially Renaming Of
North Shore Open Space Park
Commissioner
Alemdn
John Rebor Lost heord ot
October 2076
NCAC meeting.
Come bock
when there is a
suggestion of o
name.
4 Item R9F,
July 1j,2076
Discussion Regarding
Temporary Relocation Of
Maurice Gibb Playground
Commissioner
Rosen Gonzolez
John Rebor Last heord ot
the November
2076 NCAC
NCAC #235
meeting.
Deferred to
Februory 17,
2077 NCAC
meeting
pending
charrette.
5 Item C4H,
September
74,2076
Discussion On The Status And
Possible Expansion Of The Big
Belly Pilot Program
Commissioner
Rosen Gonzalez
Jay Fink Deferred from
December 2076
NCAC meeting
to Januory 27,
2017 meetina.
6 Item C4H,
October 19,
2076
Discussion Regarding The
City's Use Of Host Compliance
Services
Commissioner
Rosen Gonzolez
Soroh Sounders Deferred from
November 2076
to December
2016 NCAC
meetinq.
7 ItemC4l,
October 79,
2016
Discussion Regarding Painted
Bike Lanes
Commissioner
Rosen Gonzalez
Jose Gonzolez Deferred from
December 2076
NCAC meeting
to Januory 27,
2077 meetino.
8 Item R9D,
October 79,
2076
Discussion And Presentation
On Making MiamiBeach A
"City Of Kindness"
Commissioner
Steinberg
Tonya Doniels Deferred to
Jonuory 27,
2017 NCAC
meeting
pending
conversotion
with Tonyo
Daniels.
9 Item R9AN,
October 79,
2075
Discussion Regarding The
Future Activation And
Programming Of Lummus
Park
Commissioner
Arriolo
Vonessa
Willioms
Last heord ot
the December
2016 NCAC
meeting. Come
back to the
February 17,
2017 NCAC
meetino.
10 Item C4A,
November 9,
2016
Discuss The Placement Of
Farah Service Eue Sports
Equipment At Different
tocations Throughout The
City
Commissioner
Arriolo
John Rebar Deferred from
December 2016
NCAC meeting
to January 27,
2017 NCAC
meetins.
T7 Item C4D,
November 9,
2015
Discussion On An Additional
Designated Dog Area In North
Beach
Commissioner
Steinberg
Eric Corpenter;
John Rebar
Lost heard ot
the December
2016 NCAC
NCAC #236
meeting.
Contoct the
neighborhood
ond come bock
to the February
77,2077 NCAC
meetino.
L2 Item R9X,
November 9,
2076
Discussion About Adding A
Crosswalk To The 900 BIock
Of Normandy Drive
Commissioner
Steinberg
Jose Gonzolez Referred from
the November
9,2076
Commission
meeting.
13 Item C4F,
December
14,2016
Discussion On Adding
llluminated Crosswalks Or
Rapid Rectangular Flashing
Beacons On West Avenue
Commissioner
Arriolo
Jose Gonzalez Referred from
the December
14,2076
Commission
meetino.
14 Item C4N,
December
74,2076
Discussion Regarding
Potential Traffic Calming
lmprovements ln The
Nautilus Neiehborhood
Transportotion Jose Gonzalez Deferred to
Februory 77,
2077 NCAC
meetinq.
15 c40,
December
74,2076
Discussion To Consider
Expanding The Miami-Dade
County Human Trafficking
Signage Ordinance And
Requiring That A Sign Be
Displayed Throughout All
Establishments ln Miami
Beach
Commissioner
Alemdn
Aleksondr
Boksner
Referred from
the December
74,2076
Commission
meeting.
76 c4P,
December
74,2076
Discussion Regarding Bump-
outs on 40th street
Commissioner
Rosen Gonzalez
tose Gonzolez Refened from
the December
74,2076
Commission
meetinq.
L7 c4q
December
74,2076
Discussion Regarding Traffic
Calming Per The Request Of
The Sunset lsland tand l!
Homeowners
Commissioner
Steinberg
Jose Gonzolez Referred from
the December
14,2016
Commission
meetino.
18 c4T,
December
14,2076
Discussion Regarding Funding
For A Permanent Park Ranger
Detail At The North Shore
Community Youth Center
Recreationa! Area
Commissioner
Alemdn
John Rebor Referred from
the December
74,2076
Commission
meetinq.
19 c7D, C7E,
C7F, C7H, R7L
ond R7M,
Discussion Regarding The
Concession Agreements For
Motorized And Non-
Parks and
Recreotion
John Rebar Referred from
the December
74,2076
NCAC #237
December
14,2076
Motorized Vessels At The
Barry Kutun Boat Ramp
tocated At Maurice Gibb
MemorialPark.
Commission
meeting.
20 R9G,
December
74,2016
Discussion Regarding A
Possible Plaque At The
Normandy Poo!
Commemorating The
Contributions Of The Late
Warren Green, Longtime Pool
Manager Who Passed tast
Year
Commissioner
Grieco
John Rebar Referred from
the December
74,2016
Commission
meeting.
2L R9K,
December
14,2015
Discussion Regarding A 1%
Homeless And Domestic
Abuse Tax To Be Collected On
All Food And Beverage Sales
For Consumption On
Premises ln Miami Beach,
Except For Hotels And Motels
Commissioner
Rosen Gonzolez
Morio Ruiz Referred from
the December
74,2076
Commission
meeting.
22 R9M,
December
14,2976
Discussion And Update
Relating To Traffic Calming
Solutions At 24th Street And
Collins Avenue
Commissioner
Steinberg
Jose Gonzolez Referred from
the December
74,2076
Commission
meetinq.
23
*goes
with #3
C4A, January
71,2017
Discussion Regarding The Site
PIan For North Shore Open
Space Park
ctP Dovid Mortinez Refened from
the tanuory 11,
2017
Commission
meetino.
24 C4B, Jonuory
71,2077
Discussion On Offering Miami
Beach As A Pilot City For Uber
Self-Driving Cars
Commissioner
Rosen Gonzalez
Jose Gonzolez Referred from
the Jonuary 77,
2077
Commission
meeting.
Deferred to
Februory 17,
2077 NCAC
meeting,
pending
research.
25 C7Q Januory
77,2077
Discussion Regarding
Potential Uses Of A Rotunda
In Collins Park
TCED Evo Silverstein Referred from
the Januory 11,
2077
Commission
meeting.
Deferred to
NCAC #238
February 77,
2077 NCAC
meeting
pending budget
anolysis.
26 R9F, Jonuary
77,2077
Discussion Regarding
Lowering Speed Limits
And/Or Traffic Calming in
Residential Neighborhoods
Commissioner
Grieco
Jose Gonzolez Referred from
the Jonuory 77,
2017
Commission
meetinq.
27 R9K, Jonuory
17,2077
Discussion Regarding The
Creation Of Legacy Business
Registry And Other Possible
Programs Designed To
Support And Protect Smal!
Businesses
Commissioner
Grieco
Jeff Oris Referred from
the Jonuary 11,
2077
Commission
meeting.
28 R9R, Januory
77,2077
Discussion On The Creation
Of A Miami Beach Hall Of
Fame And Establishing
Criteria Placement And
Selection Process
Commissioner
Steinberg
Eva Silverstein Referred from
the Jonuary 71,
2077
Commission
meeting.
Deferred to
Februory 17,
2017 NCAC
meeting,
pending
reseorch on
criterio.
NCAC #239