20160713 AM2MIAMI BEACH
Gity Commission Meeting
ADDENDUM MATERIAL2
City Hall, Commission Ghambers,3'd Floor,lTOO Convention Center Drive
July 13,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrslf us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the Gity Clerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Gommittee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
R7 - Resolutions
RTFF A Resolution Urging The Florida Legislature To Amend Section 775.085 Of The Florida Statutes To
lnclude Enhanced Penalties For Felonies And Misdemeanors Committed Against Law Enforcement
Officers, Firefighters, Emergency Services Personnel, And Code Enforcement Officers Due To Their
Employment Status.
(Sponsored by Commissioner John Elizabeth Alem6n)
(Legislative Tracking: Office of the City Attorney)
RTGG A Resolution Accepting The City Manager's Recommendation Of AECOM To Modify The
Methodology For Calculating The Equivalent Residential Unit (ERU) For Stormwater Utility Usage,
And Directing The City Administration To Draft An Ordinance Amending Chapter 110 Of The City
Code To lmplement The Modified ERU Calculation From 791 To 849 Square Feet Of lmpervious
Area.
(Public Works)
1
Addendum 1 , July 13, 2016
R9 - New Business and Commission Requests
Discussion Regarding Funding For Events ln Fiscal Year 2016-2017.
(Tourism, Culture & Economic Development)
2
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Moroles, City Monoger
FROM: John Elizobeth Alemon, CommissionerDATE: July B, 2016
SUBJECT: Agendo item for July 2016 City Commission Meeting
Pleose ploce the ottoched Resolution regording enhonced penolties for crimes committed ogoinst
low enforcement officers, firefighters, emergency services personnel ond code enforcement
officiols on the July 13, 2016 City Commission ogendo for considerotion by the Moyor ond City
Commission.
As we oll know, our police officers put their lives on the line every doy. At the some iime, we
expect them to be highly troined, consummotely professionol ond self-controlled, ond moke the
right decisions under extreme pressure ot olltimes. We require, therefore, highly tolenied, intelligent
ond copoble individuols. ln order for such individuols to seek o coreer in low enforcement to be
"worth the risk" to themselves personolly ond for-their fomilies, I think it is oppropriote to offer them
higher protections on por with the higher risk thot they foce os compored to other public servonts.
ln oddition to low enforcement, I believe it is oppropriote to extend this type of legislotion to
firefighters, EMS workers, ond code enforcement officers.
Bockoround
There is o notionol effort omong some low enforcement odvocotes to equote ossoults ond other
octions ogoinst police officers ond other public servonts with the long-stonding notion of hote
crime. Hote crime legislotion, both ot the federol ond stote level. is designed to protect porliculorly
vulneroble populotions from hoteful violence becouse of their stotus (e.9., roce. sexuol orientotion,
etc.) The thinking here is thot low enforcement in porticulor, which hos been torgeted directly with
violence bosed solely on their uniform, should hove this some kind of stoiutory protection. The
South Miomi resolution urges our Stote Legisloture to poss legislotion providing for enhonced
penolties when police, firefighters, or EMS workers ore ossoulted on this some theory ihot the crime
is more heinous ond deserving of o higher penolty becouse of the speciol stotus of these public
servonts. I would odd code enforcement officers to the cotegories of employees thot should be
protected os set forth in the ottoched proposed Resolution.
I would olso odd the proposed omendment to Section 775.085 of the Florido Stotutes os legislotive
priority on our lobbying ogendo to odvocote for such o bill. I know thot this legislotion is not o
complete solution to the problem, which is for reoching ond complex. However, if it were to hove
ony impoct on criminol behovior it would be very worthwhile.
lf you hove ony questions, pleose do not hesitote to coll our office of ext.6473.
Thonk you!
r\nlAMlBlACll
Commissioner John Elizobeth Alem6n
OFFICE OF MAYOR AND COMMISSION
I 700 Convention Center Drive, Miomi Beoch, FL 33139
T el: 30 5- 67 3-7 1 02 / F ox: 30 5-67 3-7 09 6 / www. mio mibeoc hf l. gov
Asenda rtem R? FF
oate'l-13-lb3
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO AMEND SECTION 775.085 OF
THE FLORIDA STATUTES TO INCLUDE ENHANCED
PENALTIES FOR FELONIES AND MISDEMEANORS
COMMITTED AGAINST LAW ENFORCEMENT OFFICERS,
FIREFIGHTERS, EMERGENCY SERVICES PERSONNEL, AND
CODE ENFORCEMENT OFFICERS DUE TO THEIR
EMPLOYMENT STATUS.
WHEREAS, in 1989, the Florida Legislature enacted several statutes designed to
address the issue of hate crimes. For example, Section 775.085 of the Florida Statutes was
created to increase penalties for convictions of crimes where there was evidence of certain
prejudice; and
WHEREAS, in addition, the Florida Legislature enacted the Hate Crimes Reporting Act
in Section 877.19 of the Florida Statutes that requires law enforcement agencies to report hate
crimes to the Florida Department of Law Enforcement (FDLE) and, further, requires the Florida
Attorney General to publish an annual summary of the reported data; and
WHEREAS, the 1995 report of the Florida Attorney General states that a "hate crime is
among the most insidious acts taken by one person against another, founded in prejudice and
intolerance." The report defined a hate crime as "an act committed or attempted by one person
or group against another person or group, or their property, that in any way constitutes an
expression of hatred toward the victim based on his or her personal characteristics; and
WHEREAS, under Section 775.085 of the Florida Statutes, criminal penalties are
enhanced for certain hate-based acts. Reported hate crime offenses range in seriousness from
vandalism and intimidation to aggravated battery and murder; and
WHEREAS, there has been an increasing number of hate crimes against law
enforcement officers, and such officers, as well as firefighters, emergency services personnel,
and code enforcement officers should be protected under Florida laws that enhance penalties
for hate crimes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
Section 1. The Mayor and City Commission of the City of Miami Beach hereby urge the
Florida Legislature to amend Section 775.085 of the Florida Statutes to include employment as
law enforcement officers, firefighters, emergency services personnel, and code enforcement
officers among the classifications that are protected against hate crimes as set forth below:
4
775.085 Evidencingprejudicewhilecommittingoffense;reclassification.-
(1Xa) The penalty for any felony or misdemeanor shall be reclassified as provided in this
subsection if the commission of such felony or misdemeanor evidences prejudice based on the
race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or
advanced age of the victim or because of actual or perceived emplovment as a law enforcement
officer, firefiqhter, emerqencv services personnel, or code enforcement officer:
1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first
degree.
2. A misdemeanor of the first degree is reclassified to a felony of the third degree.
3. A felony of the third degree is reclassified to a felony of the second degree.
4. A felony of the second degree is reclassified to a felony of the first degree.
5. A felony of the first degree is reclassified to a life felony.
(b) As used in pardgraph (a), the term:
1. "Advanced age" means that the victim is older than 65 years of age.
2. "Homeless status" means that the victim:
a. Lacks a fixed, regular, and adequate nighttime residence; or
b. Has a primary nighttime residence that is:
(l) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations; or
(ll) A public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation of human beings.
i. "Code enforcement officef' means anv desiqnated emplovee or aqent of a countv
or municipalitv whose dutv it is to enforce codes and ordinances enacted bv the
countv or municipalitv.
4. "Emerqencv services personnel" means anvone who provides emeroencv
medical services and other public safetv services to the scene of an emerqencv.
5. "Firefiohte/' means anv firefiohter reqularlv emploved bv a fire department of anv
municipalitv. countv, or Special Fire Control District of the State of Florida.
law enforcement officer, state and countv correctional officer, or Public Service
Aids. and those emplovees of anv municipal. countv, state or federal law
5
enforcement aoencies whose duties include the enforcement of municipal.
countv. state or federal laws.
(2) A person or organization that establishes by clear and convincing evidence that it has
been coerced, intimidated, or threatened in violation of this section has a civil cause of action for
treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing
in such civil action, the plaintiff may recover reasonable attorney fees and costs.
(3) lt is an essential element of this section that the record reflect that the defendant
perceived, knew, or had reasonable grounds to know or perceive that the victim was within the
class delineated in this section
Section 2. The City Clerk is hereby instructed to send a copy of this Resolution to the
members of the Florida Legislature, the Governor and his cabinet, the Florida Department of
Law Enforcement, and to all of the law enforcement agencies of all of the Florida counties and
municipalities.
Section 3. This Resolution shall become effective immediately upon adoption by the City
Commission.
PASSED AND ADOPTED this _ day of 2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\TURN\RESOS\Hate Crime Legis 775.085.docx
APPROVED AS TO
FORM & LANGUAGE
6
MIAMIBEACH
OFFICE OF THE CITY MANAGER
INo. 269-20i6 |LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of the City Commission
^/,\' t' /)--i
FRoM: Jimmy L. Morales, city Managhdaa^_]l6x-(a+
DATE: July 13, 2016
SUBJECT: GIry OF SOUTH MIAMI RESOLUTION
Attached for your information is Resolution No. 106-16-'14661, adopted by the Mayor and
Commission of the City of South Miami on June 7,2016.
A Resolution Of The Mayor And City Commission Of The City Of South Miami
Requesting That The Florida Legislature Amend Florida Statutes, Section 775.085, To
lnclude Enhanced Penalties For Felonies And Misdemeanors Committed Against Law
Enforcement Officers, Firefighters, And Emergency Services Personnel Due To Their
Employment Status.
The City of South Miami has requested that a copy of this resolution be provided to the Miami
Beach Mayor and Commissioners.
lf you have any questions, please contact the Office of the City Clerk at305.673.7411.
JLM/REG
Attachment
F:\CLER\$ALL\LlLIA\LTC's - Transmittal's\Resolution 16-28 Town of Cutler Bay.docx
7
RESOLUTION NO. 105-1 6-14661
A Resolution of the Mayor and City Commission of the City of South Miami
requesting that the Florida Legislature amend Florida Statutes, Section
775.085, to include enhanced penalties for felonies and misdemeanors
committed against law enforcement officers, firefighters, and emergency
services personnel due to their employment status.
WHEREAS, in 1989, the Florida Legislatwe enacted several statutes designed to address
the issue of hate crimes. Section 775.085, Florida Statutes, was created to increase penalties for
convictions of crimes where there was evidence of certain prejudice; and
WIIEREAS, the legislature enacted the Hate Crimes Reporting Act, section 877.19'
Florida Stahrtes, that requires law enforcement agencies to report hate crimes to the Florida
Department of Law Enforcement (FDLE); and
WHEREAS, the 1995 report of the Florida Attorney General found that a hate crime is
among the most insidious acts taken by one person against another, founded in prejudice and
intolerance. The report defined a hate crime as an act committed or attempted by one person or
group against another person or group, or their property, that in any way constitutes an
expression of hatred toward the victim based on his or her personal characteristics; and
WIIEREAS, under section 775,O8s,Florida Statutes, criminal penalties are enhanced for
such hate-based acts. As the Florida Department of Law Enforcement notes in its Hate Crime
Report Manual, the motivation behind the act is the key element in determining whether an
incident is hate-related. Reported hate crime offenses ranged in seriousness from vandalism and
intimidation to dggravated battery and murder; and
WIIEREAS, there have been an increasing number of hate crimes against law
enforcement, frefi ghters and emergency personnel.
NOW TIIEREF"ORE, BE IT RESOLVED BY TIIE MAYOR AND CITY
COMMISSTONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of South Miami hereby
encourages the Florida Legislature to amend Florida Statute, Section 775.085 to include
employment as law enforcement officers, firefighters, and emergency services personnel arnong
the classifications that are protected against hate crimes as follows:
775.085 Evidencing prejudice while committing offense;
reclassification.-
(l) (a) The penalty for any felony or misdemeanor shall be reclassified as
provided in this subsection if the commission of such felony or misdemeanor
Page 1 of3
8
Res. No. 1 06-1 6-1 4661
evidences prejudice based on the race, color, ancestry, ethnicify, religion, sexual
orientation, national origin, homeless status, mental or physical disability, er
advanced age of the victim, or because of aetual or perceived employment as a
I6w enforcement officer. firefighter. or emergency services persormel:
1. A .ird.*eanor of the second d.gr." it ...lrtrifrtd to a misdemeanor
ofthe first degree.
2. A misdemeanor of the fust degree is reclassified to a felony of the third
degree.
3. A felony of the third degree is reclassified to a felony of the second
degree.
4. A felony of the second degree is reclassified to a felony of the fust
degree.
5. A felony of the first degree is reclassified to a life felony.
(b) As used in paragraph (a), the term:
1. "Mental or physical disability" means that the victim suffers from a
condition of physical or mental incapacitation due to a developmental disability,
organic brain damage, or mental illness, and has one or more physical or mental
limitations that restrict the victim's ability to perform the normal activities of
daily living.
2. "Advanced age" means that the victim is older than 65 years of age.
3. "Homeless status" means that the victim:
a. Lacks a fixed, regular, and adequate nighttime residence; or
b. Has a primary nighttime residence that is:
(I) A supervised publicly orprivately operated shelter designed to provide
temporary living accommodations; or
(II) A public or private place not designed for, ot ordinarily used as, a
regular sleeping accommodation for human beings.
4. "Emergency services personnel" shall mean anygne who provides
emergency medical services and other public safety services to the scene of an
emergency.
5, "Ftefig}ter" means any firefishter regularlv employed by a fire
deparlment of any municipalitv. count)/. or Special Fire Control District of the
state of Florida.
6. "Law enforcement officer" means any active or retired municipal.
county. or state law enforcement officer. state and county correctional officer. or
Public Service Aids. and those employees of any municipal. county. state or
federal law enforcement aqencies whose duties include the enforcement of
municipal. county. state or federal laws,
(2) A person or organization that establishes by clear and convincing
evidence that it has been coerced, intimidated, or tlueatened in violation of this
section has a civil cause of action for treble damages, an injunction, or any other
appropriate relief in law or in equity. Upon prevailing in such civil action, the
plaintiff may recover reasonable attorney's fees and costs.
Page 2 of 3
9
Res. No. 1 06-1 6-1 4661
(3) It is an essential element of this section that the record reflect that the
defendant perceived, knew, or had reasonable grounds to know or perceive that
the victim was within the class delineated in this section.
Section 2. The City Clerk is hereby instructed to send a copy of this resolution to the
members of the Florida Legislature, the Govemor and his cabinet, the Florida Department of
Law Enforcement as well as to all of the law enforcement agencies of all of the Florida counties
and municipalities.
Section 3. Severability. If any section clause, sehtence, or phrase of this resolution is for
any reason held invalid or wrconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED ANDADOPTEDthisTth day of June 20t6.
COMMISSION VOTE: s-0
Mayor Stoddard: yea
Vice Mayor Welsh: yea
Commissioner Harris: yea
CommissionerEdmond: Yea
CommissionerLiebman: Yea
READ
Page 3 of 3
10
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The City Manager's
Recommendation Of AECOM To Modify The Methodology For Calculating The Equivalent Residential Unit (ERU) For
Stormwater Utility Usage, And Directing The City Administration To DraftAn Ordinance Amending Chapter 110 Of The City
Code To The Modified ERU Calculation From 791 To 849 Square Feet Of lm s Area.
Data (Surveys, Environmental Scan, etc.):
Item Summarv/Recommendation :
The City's utility rates are structured to collect the necessary revenues to meet operating and maintenance costs of the
infrastructure, to cover debt service for bonds, and to maintain adequate operating fund reserves. At its September 10,2014
meeting, the City Commission adopt an ordinance, on first reading, to amend Chapter 110, of the Miami Beach City Code
adjusting the stormwater utility rates.
Following the first reading, the City Commission discussed having received e-mails from several residents questioning the
veracity of the City's stormwater rate methodology, while others wondered whether the rates proposed were fairly apportioned.
At its September 30, 2014 meeting, the City Commission approved on second reading and public hearing, Ordinance No.
2014-3898.
The current stormwater methodology utilizes an allocation of the Equivalent Residential Unit (ERU). One ERU presently
equates to 791 square feet of impervious area and is the base unit of all residential units throughout the City. This
measurement serves as the common index to compare runoff generated by each property. The ERU is developed using a
statistical sampling of residential parcels which totals the impervious area including the building footprint and any additional
impervious areas such as driveways, walkways, porches, decks, etc. For billing purposes, residential units are considered the
same regardless of whether it is a condominium or a single family dwelling. Non-residential customers are charged a
stormwater fee by taking the actual impervious area and dividing it. The total number of current ERU's is 1 10,265. The annual
revenue requirement is then divided by the total number of ERU's to determine the required rate.
At the Mayor's Blue Ribbon Panel on Sea Level Rise meeting on May 31, 2016, a presentation was provided by AECOM
reviewing the present methodology and providing alternatives to modify the current method. The Panel voiced concerns with
the proposed method and offered suggestions to be incorporated prior to the method moving forward.
At the Finance and Citywide Projects Committee (FCWPC) meeting on June 17, 2016, a presentation was made by AECOM
on the current and proposed methodologies. The basis for the change was the revised value of the ERU from 791 square feet
to 849 square feet, which was derived by an analysis of residential properties including condominiums. Therefore, due to the
increase in the square footage, the stormwater fees would result in some shift of revenue requirements from non-residential
properties to residential properties. Several tiers of residential properties were presented from small to very large properties
and their subsequent calculated annual fee based on current rates. There was concern expressed by the Committee that
there appeared to be too large an increase on the medium single family residence. The recommendation of the FCWPC was
to review the methodology that was presented taking into account the concerns discussed, for staff to meet individually with
each Commissioner prior to the next Commission meeting; and put an item on the agenda for the City Commission's
consideration.
AECOM has modified their recommendations to address the concerns raised at the FCWPC. The proposed ERU remains the
same at 849 square feet of impervious area. However, the single family home class has been reduced from four tiers to only
two tiers. This means that the majority of the single family homes will remain as a single ERU while those with the largest
impervious footprint will be measured and calculated.
The Administration recommends a the resolution.
Advisorv Board Recommendation:
I See above summary.
Financial lnformation :
.D AAIAAAIBFACH
Agenda
Source of Funds:Amount Account
Financia! lmpact Summary:
Total
Citv Clerk's Office
Works\ERU SUIJM 6-29-1 6.dOcx
Eric Carpenter ext: 6012
Item
Date11
g MIAMIBEACH
City of Miomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSI MEMORANDUM
ionMayor Philip Levine and Members the City
Jimmy Morales, City Manager
DATE: July 13,2016
SUB]ECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI
AECOM TO MODIFY THE METHODOLOGY FOR CALCULATING THE EQUIVALENT
RESTDENTTAL UNIT (ERU) FOR STORMWATER UTILITY USAGE, AND DIRECTING
THE CITYADMINISTRATION TO DRAFTAN ORDINANCE AMENDING CHAPTER 110
OF THE CITY CODE TO IMPLEMENT THE MODIFIED ERU CALCULATION FROM 791
TO 849 SQUARE FEET OF IMPERVIOUS AREA.
ADM!NISTRATION RECOMM ENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
The City's utility rates are structured to collect the necessary revenues to meet operating and
maintenance costs of the infrastructure, to cover debt service for bonds, and to maintain adequate
operating fund reserves. At its September 10, 2014 meeting, the City Commission adopt an
ordinance, on first reading, to amend Chapter 1 10, of the Miami Beach City Code adjusting the
stormwater utility rates.
Following the first reading of the aforesaid ordinance, the City Commission discussed having
received e-mails from several residents questioning the veracity of the City's stormwater rate
methodology, while others wondered whether the rates proposed were fairly apportioned (Some
thought that single family homeowners should pay more, while others thought condominiums should
pay less or that those living in mostly flooded areas should pay more). The City Attorney stated that
the City's current rate calculation was calculated in 1996 and, at that time, based upon an analysis
and report prepared by the City's Consultant (at that time CH2M Hill).
At its September 30, 2014 meeting, the City Commission approved on second reading and public
hearing, Ordinance No. 2014-3898, amending stormwater utility rates for FiscalYear2O14l15. As a
result of these discussions, the City has enlisted the assistance of AECOM, the City's flooding and
sea level rise consultant, to review the current stormwater rate methodology.
12
City Commission Memorandum - AECOM-Methodology
July 13,2016
Page 2 of 2
ANALYSIS
The current stormwater methodology utilizes an allocation of the Equivalent Residential Unit (ERU).
One ERU presently equates to 791 square feet of impervious area and is the base unit of all
residential units throughout the City. This measurement serves as the common index to compare
runoff generated by each property. The ERU is developed using a statistical sampling of residential
parcels which totals the impervious area including the building footprint and any additional
impervious areas such as driveways, walkways, porches, decks, etc. For billing purposes,
residential units are considered the same regardless of whether it is a condominium or a single
family dwelling. Each residential property is assessed equally. Non-residential customers are
charged a stormwater fee by taking the actual impervious area and dividing it by the 791 square
feet. The total number of current ERU's is 110,265. The annual revenue requirement is then
divided by the total number of ERU's to determine the required rate.
At the Mayor's Blue Ribbon Panel on Sea Level Rise meeting on May 31 ,2016, a presentation was
provided by AECOM reviewing the present methodology and providing alternatives to modify the
current method. The Panelvoiced concerns with the proposed method and offered suggestions to
be incorporated prior to the method moving forward.
At the Finance and Citywide Projects Committee (FCWPC) meeting on June 17, 2016, a
presentation was made by AECOM on the current and proposed methodologies. The basis for the
change was the revised value of the ERU from 791 square feet to 849 square feet, which was
derived by an analysis of residential properties including condominiums. Therefore, due to the
increase in the square footage, the stormwater fees would result in some shift of revenue
requirements from non-residential properties to residential properties. Severaltiers of residential
properties were presented from small to very large properties and their subsequent calculated
annual fee based on current rates. There was concern expressed by the Committee that there
appeared to be too large an increase on the medium single family residence. The recommendation
of the FCWPC was to review the methodology that was presented taking into account the concerns
discussed, for staff to meet individually with each Commissioner prior to the next Commission
meeting; and put an item on the agenda for the City Commission's consideration.
AECOM has modified their recommendations to address the concerns raised at the FCWPC. The
proposed ERU remains the same at 849 square feet of impervious area. However, the single family
home class has been reduced from four tiers to only two tiers. This means that the majority of the
single family homes will remain as a single ERU while those with the largest impervious footprintwill
be measured and calculated.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution./O
lmtnrErktB\M/FRS
T:\AGENDA\2016Uuly\AECOM - stormwater utility methodology. Memo.doc
13
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE GITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION OF
AECOM TO MODTFY THE METHODOLOGY FOR CALCULATING THE EQUIVALENT
RESTDENTTAL UN|T (ERU) FOR STORMWATER UTTLTTY USAGE, AND DIRECTING THE
CITY ADMTNISTRATION TO DRAFT AN ORDINANCE AMENDING CHAPTER 110 OF THE
CITY CODE TO IMPLEMENT THE MODIFIED ERU CALCULATION FROM 791 TO 849
SQUARE FEET OF IMPERVIOUS AREA.
WHEREAS, the City's utility rates are structured to collect the necessary revenues to meet operating
and maintenance costs of the infrastructure, to cover debt service for bonds, and to maintain adequate
operating fund reserves; and
WHEREAS, at the September 10, 2014 Cily Commission meeting the Administration introduced the
first reading of an ordinance to amend Chapter 1 10 of the City Code, seeking to adjust the stormwater utility
rates; and
WHEREAS, following the meeting, the City Commission advised the Administration of various
communications they received from several residents questioning the veracity of the stormwater rate
methodology; wondering whether the rates proposed were fairly apportioned (as some residents believed that
homeowners should pay more, others believed that condominium owners should pay less, and others believed
that persons living in high risk flood areas should pay a greater amount of the utility rate); and
WHEREAS, during the discussion, the City Attorney advised the City Commission that the City's
current stormwater rate methodology was established in 1996, and, at that time was supported by an analysis
and rate report prepared by the City's consultant, CH2M Hill; and
WHEREAS, at the second reading hearing of the Ordinance, on September 30, 2014, the City
Commission approved Ordinance No. 2014-3898, and amended the stormwater utility rates for FiscalYear
2014115; and
WHEREAS, despite adopting the stormwater utility rates, the City Commission continued the
discussion as to the utility rate methodology, which is currently known as the Equivalent Residential Unit
(ERU), which is calculated at 791 square feet of impervious area (the estimated 1996 calculation for charging
private properties for the public drainage utilized by their property because of the impervious area that results
in stormwater runoff); and
WHEREAS, based upon the foregoing, the City enlisted the assistance of AECOM, the City's flooding
and sea level rise consultant, to review the current stormwater rate methodology; and
WHEREAS, the City Commission also directed that AECOM complete its report and to modify the
appropriate ERU methodology, and for the City Administration to prepare an ordinance amending Chapter 1 10
to reflect the modified ERU methodology; and
WHEREAS, on May 31,2016, the Mayor's Blue Ribbon Panel on Sea Level Rise was presented with
AECOM's recommendation, which reviewed the present methodology and provided alternatives to modify the
current method of calculating the ERU; and
WHEREAS, on June 17,2016, the Finance and Citywide Projects Committeewas presented with the
AECOM recommendation, and the Committee recommended that the methodology be reviewed with individual
Commissioners and placed on the next City Commission agenda; and
WHEREAS, AECOM recommended that the ERU calculation be modified from 791 square feet to 849
square feet of impervious area, as the impervious area of private property has increased in the past 20 years;
and
14
WHEREAS, the City Manager recommends accepting the recommendation of AECOM to modifythe
methodology for calculating the Equivalent Residential Unit (ERU) for stormwater utility usage; and also
requests tnit tne City Commission direct the City Administration to draft an ordinance amending Chapter 1 10
of the City Code to implement the modified ERU calculation from 791 to 849 square feet of impervious area.
NOW, THEREFORE, BE IT DULY RESOLVED BYTHE MAYORAND THE CITY COMMISSION OF
THE ClTy OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accepts the City
Manager's recommendation to modify the methodology for calculating the Equivalent Residential Unit (ERU)
for stormwater utility usage, and direct the City Administration to draft an ordinance amending Chapter 1 10 of
the City Code to implement the modified ERU calculation from 791 to 849 square feet of impervious area.
PASSED AND ADOPTED this
-
day of July, 2016.
ATTEST:
Philip Levine, Mayor
Rafael Granado, Ci$ Clerk
T:\AGENDA\201 6Uuly\Public Works\AECOM- Reso amending ERU calculation.doc
'6R'^fSYiRAt'iB'a ron EXECI,TIoN
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g MIAMI BEACH
City of Miomi Beoch, 'i 700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: July 13,2016
SUBIECT: A DISCUSSION REGARDING
2017.
BACKGROUND
The City of Miami Beach will be hosting several new or one-time events during Fiscal Year
2016-17 and it is anticipated that funding will be required to support those events. Based on
current Resort Tax projections for Fiscal Year 2015/16, we anticipate having sufficient Resort
Tax surplus to cover these one-time expenses. The Administration is seeking direction from the
City Commission whether or not to budget funding in support of the following events:
. World OutGames -May 2017. Major League BaseballAll-Star Game FanFest - July 2017o Air and Sea Show -May 2017. ITF Seniors World Team and lndividual Championships - August 2017
ANALYSIS
World OutGames
The Miami Beach - Miami LGBT Sports & Cultural League, lnc (LGBTSCL) is a Florida non-
profit organization formed to bid on the World Outgames. They are a group of active community
leaders involved in Human Rights, Culture or Sports throughout our LGTBQ community. The
League was formed to insure that a competitive and organized bid be delivered to Gay Lesbian
lnternational Sports Association (GLISA) for the World Outgames 2017.
On March 2, 2013, GLISA announced Miami Beach-Miami will host the 2017 World Outgames.
The event will be held May 24 - June 3, 2017. ln 2013, LGBTSCL requested $500,000
(payable over several years) in cash and $250,000 in-kind from the City in support of the
event. The City ultimately agreed to $100,000.00, provided, however, that LGBTSCL shall
reimburse $50,000.00 of the grant amount to the City upon receipt of funding by the Visitor and
Convention Authority (VCA). To date, the City has not received the reimbursement.
At this time, LGBTSCL is requesting the City provide in-kind support from all City Departments
including, but not limited, Permitting - Special Events and Building, Transportation, Police, Fire,
and Sanitation. Additionally, they have requested waiver of all rental fees associated with any
use of Lummus Park (Main Village), Colony Theater (Culture Events), Convention Center
(Registration/Human Rights Conference), Miami Beach Golf Course (Golf Sport), Normandy
Golf Course (Golf Sport), and Fillmore Backstage (Culture Event). Finally, they have requested
funding in the amount of $300,000.
Agenda ltem
Date
City
NDING FOR EVENTS IN FISGAL YEAR 2016.
17
City Commission Meeting
Dr'scussion - Funding for Events in 2017
July 13,2016
Page 2 of 3
ln an effort to support the World OutGames, the Administration recommends in favor of the
waiver of rental/permit fees associated with the use of Lummus Park, Colony Theater,
Convention Center, Miami Beach and Normandy Shores golf clubs, and the Fillmore Backstage.
lf the City Commission is inclined to support their request for $300,000, then the Administration
recommends those funds be disbursed based on the recommendation of the LGBT Advisory
Committee, which includes achievement of specific benchmarks.
Finally, the Administration does not support their request for in-kind staff to support the event. lt
has been a long standing policy of the City not to provide in-kind staff for events because the
City hosts over 300 special event each year and this would set a precedent for other events.
Maior Leaque Baseball All-Star Game FanFest
Major League Baseball (MLB) has chosen Miami as the host for their annual All-Star game in
2017. There will be a series of events in Miami-Dade County associated with the game and the
Miami Beach Convention Center is the venue for the FanFest. FanFest will be open to the
public from July 7 - 11, 2017 with expected attendance in excess of 100,000 people. Similar to
when the Super Bowl and Wrestlemania are held in the County, the Miami Marlins and MLB
have requested in-kind and financial support for the All-Star game. ln recognition of the amount
of events and publicity the City is projected to receive, the City has been requested to waive
rent for use of the Miami Beach Convention Center and funding in the amount of $100,000
which will be used to cover public safety related expenses.
Air and Show
At the December 9, 2016, City Commission Meeting, Resolution No. 2015-29226 was adopted,
which authorized the City enter into an agreement with A National Salute to America's Heroes,
LLC for the production of the Air and Sea Show during Memorial Day Weekend 2017.
The agreement requires the City and Applicant to be responsible for the costs and expenses
associated with Police, Fire, Ocean Rescue, and Sanitation services within the Event Site and
Event lmpact Area. City shall be responsible for initial expenses up to the amounts associated
with Memorial Day Weekend for the immediately preceding calendar year (2016), adjusted
annually for either (1) wage increases for personnel for the foregoing City departments or (2)
inflation utilizing the United States Bureau of Labor Statistics, Consumer Price lndex for All
Urban Consumers; US City average (1982-84=100), whichever is lower (the "City's lnitial
Contribution"). Applicant shall be responsible for all of City's costs and expenses in excess of
the City's lnitial Contribution, up to the maximum amount of $200,000 ("Applicant's lnitial
Contribution"). City and Applicant to each be responsible for 50 percent (50%) of all costs in
excess of Applicant's lnitial Contribution. Applicant shall reimburse City for any amounts due
under this Agreement within fourteen (14) days of receipt of any invoice from City.
City departments are still developing their staffing plans and associated expenses, but initial
indication is that the City will still need to prepare for large crowds that traditionally visit Miami
Beach during Memorial Day Weekend in addition to the Air and Sea Show. The Air and Sea
Show will primarily be a daytime event and the traditional Memorial Day Weekend crowds
primarily occur in the evenings. At this time, a very conservative estimate from all City
departments is that an additional $1,500,000 of funding will be required to support the event.
18
City Com mission Meeting
Discussion - Funding for Events in 2017
July 13, 2016
Page 3 of 3
Based on the requirements of the agreement the Air and Sea Show would be responsible for
$850,000 and the City would be responsible for $650,000 above what is already spent on
Memorial Day Weekend.
ITF Seniors World Team and lndividual Championships
On March 9, 2016, the City Commission passed a motion directing the Administration to
negotiate an agreement with Creative Artists Agency (CAA) and the lnternational Tennis
Federation (lTF) for ITF Seniors World Team and lndividual Championships to be held in 2017
and 2018, at the North Shore Tennis Center. This tournament is anticipated to attract 100 - 130
teams with approximately 500 players. Coaches and family also attend.
ln 2014, the ITF Seniors World Team and lndividual Championships were held in Palm Beach
Gardens. The team tournament attracted participants from 39 countries, the largest number of
countries ever to be represented at the event and the individual tournament attracted
participants from 52 countries. The Palm Beach Sports Commission estimated the economic
impact of the event at more than $2.5 million.
ln exchange for committing to bringing and producing the aforementioned events, CAA is
requesting a financial commitment from the City of $100,000 annually, subject to annual budget
approval, toward the events. CAA would be responsible for securing the remaining funds in
cash or in-kind sponsorships to successfully produce the events. An agreement has been
drafted and is being reviewed by both entities. Once terms are finalized it will be presented to
the City Commission. lf approved, an additional $50,000 of funding is required in the FY
2016117 budget for this event.
CONCLUSION
The Administration is seeking direction from the City Commission whether or not to budget
funding in support of the following events:
. World OutGames $300,000. Major League BaseballAll-Star Game FanFest $100,000. Air and Sea Show $650,000. ITF Seniors World Team and lndividual Championships $50,000
Total
JLM/KGB/MAS
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$1 ,010,000
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