20120208 Addm MIAMI BEACH
City Commission Meeting
ADDENDUM MATERIAL
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 8, 2012
Mayor Matti Herrera Bower
Vice-Mayor Deede Weithorn
Commissioner Jorge R. Exposito
Commissioner Michael G6ngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, 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 MATERIAL
C7 -Resolutions
C?M A Resolution Taking The Following Actions With Respect To The Ongoing Process For The
Proposed Creation Of The Sunset Island Nos. 3 And 4 Special Assessment District For
Undergrounding Utilities: 1) Approving And Allowing The Sunset Islands 3 And 4 HOA To
Conduct The Election Required By The City, Prior To The City Commission's Approval Of The
First Resolution Establishing The Proposed Special Assessment District, Which Election Will Be
A Mail Ballot Election, Conducted By The City Clerk And City Attorney's Office, And Which Is
Estimated To Be Held Sometime In April2012; And 2) Further Approving The Attached "Sunset
Islands 3 And 4 Special Assessment District For Undergrounding Utilities Mail Ballot Election
Procedures", Which Not Only Sets Forth The Process And Procedures For The Aforestated Mail
Ballot Election, But Which Will Also Serve As The Template For Future Mail Ballot Elections In
The Event Of Subsequent Requests By Other HOA's And/Or City Neighborhoods To Proceed
With The Creation Of Special Assessment Districts For Underground Utilities In Their Areas.
(City Clerk's Office/City Attorney's Office)
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Addendum Material, February 8, 2012
R9 -New Business and Commission Requests
R9U Discussion On The Status Of Scheduling The Retreat Required As Per Commission Direction From
The December 14, 2011 Committee Of The Whole.
(Requested by Commissioner Jonah Wolfson)
R9V Discussion Regarding Parking At The Scott Rakow Youth Center.
(Requested by Vice-Mayor Deede Weithorn)
R9W Discussion Regarding A Request For Additional Language To Be Included In The Convention Center
Development RFQ/RFP Process (Item R2A from January 11, 2012 Agenda).
(Requested by Commissioner Jorge R. Exposito)
R9X Discussion Regarding The Liability Issues Arising From Police Take Home Vehicles.
(Requested by Commissioner Jonah Wolfson)
R9Y Discussion And Update on the 2012 Florida Legislative Session.
(City Manager's Office)
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ii
m MIAMI BEACH
OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY
TO:
f
FROM: Jose Smith, City Attorn y
CC:
DATE: February 8, 2012
COMMISSION MEMORANDUM
SUBJECT: Resolution Authorizing City Clerk and City Attorney's Office to Proceed
with Mail Ballot Election for the Proposed Sunset Islands 3 and 4 Special
Assessment District for Undergrounding Utilities; and Approval of Mail
Ballot Election Procedures
The City Administration has been working with various Homeowners' Associations (HOA's),
including the Sunset Islands 3 and 4 HOA, regarding requests to create special assessment
districts to fund the undergrounding of existing overhead utilities. The Sunset Islands 3 and 4
HOA has elected to fund their conversion of overhead utilities to underground via the creation,
by the City Commission, of a special assessment district, pursuant to the authority granted the
City under Chapter 170, Florida Statutes. As part of this process, and in addition to the
statutory requirements under Chapter 170, the City Commission also self-imposed additional
requirements, prior to its final approval for the creation of such district. Such additional
requirements were established by the City Commission to determine whether there was support
among the majority of property owners within the neighborhood(s) wishing to create these
special assessments districts.
One of the City Commission's requirements is that, prior to its final approval for the creation of a
proposed special assessment district for undergrounding utilities, an election be held among the
benefited property owners within the proposed district, where at least sixty percent (60%) of the
property owners vote in favor of its creation. According to the City Commission's established
procedures and guidelines (which were established around 2002), the election is normally held
between the Commission's approval of the first Resolution, which initially establishes the intent
to create the special assessment district and also authorizes the creation and filing of the
preliminary assessment roll; and the approval of the second, and final, Resolution which creates
the district and establishes the final assessment role (which serves as the basis for the
assessments charged to each property owner to fund the undergrounding improvements).
The Sunset Islands 3 and 4 HOA has requested that it be permitted to proceed with its election
prior to the Commission's consideration of the first Resolution. The primary reason for this
request is that, as the first Resolution would probably not be placed for consideration on a City
Commission agenda until late Summer or early Fall, several of the Sunset Islands 3 and 4
residents are seasonal residents and, in order to take advantage of the time when most of the
property owners are in residence, the HOA believes that the best time to hold the election would
: Agenda Item e 1M
I ----~~--~-----
Date 2. -~-I 2-----~...:;_....:...._ ____ _
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Sunset Islands 3 and 4 Special Assessment District
Page2
February 8, 2012
be sometime in April 2012. Accordingly, the attached Resolution requests that the Commission
consider an exception to its adopted policies and procedures, and allow the Sunset Islands 3
and 4 HOA to proceed to hold its election sometime in April, 2012, prior to the City
Commission's consideration of the first Resolution.
Additionally, as this is the first time that the City will actually hold this type of election, as
contemplated under the City's adopted policies and procedures for creation of underground
special assessment districts, the City Clerk and City Attorney's Office have developed the
attached Mail Ballot Election Procedures, approval of which is also requested. If approved, the
attached procedures will not only serve as the guidelines for the upcoming Sunset Islands 3 and
4 election, but will also be the template/guidelines for future elections held in conjunction with
requests by other HOA's and/or City neighborhoods for the creation of special assessments
districts for undergrounding utilities in their areas.
F:\ATIO\AGUR\RESOS-ORD\MEMOS\Sunset Islands 3 and 4-Mail Ballot Election Procedures Memo (2-1-12).doc
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
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RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TAKING THE FOLLOWING ACTIONS WITH
RESPECT TO THE ONGOING PROCESS FOR THE PROPOSED CREATION
OF THE SUNSET ISLAND NOS. 3 AND 4 SPECIAL ASSESSMENT DISTRICT
FOR UNDERGROUNDING UTILITIES: 1) APPROVING AND ALLOWING THE
SUNSET ISLANDS 3 AND 4 HOA TO CONDUCT THE ELECTION REQUIRED
BY THE CITY, PRIOR TO THE CITY COMMISSION'S APPROVAL OF THE
FIRST RESOLUTION ESTABLISHING THE PROPOSED SPECIAL
ASSESSMENT DISTRICT, WHICH ELECTION WILL BE A MAIL BALLOT
ELECTION, CONDUCTED BY THE CITY CLERK AND CITY ATTORNEY'S
OFFICE, AND WHICH IS ESTIMATED TO BE HELD SOMETIME IN APRIL
2012; AND 2) FURTHER APPROVING THE ATTACHED "SUNSET ISLANDS 3
AND 4 SPECIAL ASSESSMENT DISTRICT FOR UNDERGROUNDING
UTILITIES MAIL BALLOT ELECTION PROCEDURES", WHICH NOT ONLY
SETS FORTH THE PROCESS AND PROCEDURES FOR THE
AFORESTATED MAIL BALLOT ELECTION, BUT WHICH WILL ALSO SERVE
AS THE TEMPLATE FOR FUTURE MAIL BALLOT ELECTIONS IN THE
EVENT OF SUBSEQUENT REQUESTS BY OTHER HOA'S AND/OR CITY
NEIGHBORHOODS TO PROCEED WITH THE CREATION OF SPECIAL
ASSESSMENT DISTRICTS FOR UNDERGROUND UTILITES IN THEIR
AREAS.
WHEREAS, in areas of the City, utility lines for services such as telephone, electricity,
and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the relocation
of overhead utility lines underground; and
WHEREAS, the City recognizes its innate ability to assist with said initiatives and to
provide a collection mechanism, such as those used with special assessment districts created
pursuant to Chapter 170, Florida Statutes, at the request of individual neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the
City Administration has been working with the Sunset Islands 3 and 4 Homeowners' Association
(HOA) toward the creation of a special assessment district to fund the conversion of overhead
utilities to underground on said Islands; and
WHEREAS, although not required pursuant to Chapter 170, Florida Statutes, on or
about 2002, and in light of increased requests by various HOA's throughout the City for the
creation of special assessment districts to fund underground utilities conversions, and in order
to gauge whether there was support for same among the majority of property owners in those
neighborhoods/areas, the City Commission self-imposed certain additional requirements, as a
matter of policy, prior to finalizing the creation of and establishing any such special assessment
district; and
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WHEREAS, one of these requirements requires that an election be held within the
proposed district, with at least sixty percent (60%) of the benefited property owners (within the
proposed district) voting in favor of its creation; and
WHEREAS, the City's policies require such election to be held between the City's
approval and adoption of the first Resolution, which establishes the City's intent to create the
proposed special assessment district, and the second and final Resolution, which creates the
district and approves the final assessment roll; and
WHEREAS, the Sunset Islands 3 and 4 HOA has been working with the Administration
on its proposed undergrounding district, and has reached the point where the initial Resolution
establishing its district will likely be presented to the City Commission sometime in late Summer
or early Fall 2012; and
WHEREAS, notwithstanding the above, the HOA has expressed a concern that, as
many of its residents are seasonal residents, and in order to have optimum voter turnout for the
required election to approve the district, it would be in the best interest of the HOA to be able to
hold that election sometime in April 2012 (i.e. before the City's consideration of the first
Resolution initially establishing the proposed district); and
WHEREAS, the proposed election would be a mail ballot election, conducted and
overseen by the City Clerk and City Attorney's Office; and
WHEREAS, as Chapter 170 does not legally require an election, and as the election
requirement was established pursuant to City Commission policy, the City Administration and
City Attorney's Office have no objection to the HOA's request; and
WHEREAS, additionally, the City Clerk and City Attorney's Office have prepared mail
ballot election procedures for the proposed Sunset Islands 3 and 4 Special Assessment District
which procedures are attached and incorporated as Attachment "A" hereto; and
WHEREAS, the Administration and City Attorney's Office recommend approval of the
attached procedures and, if approved, would recommend that such procedures also be herein
adopted and approved as the uniform procedures to satisfy the City's election requirement, in
conjunction with future requests by other HOA's and/or City neighborhoods for the creation of
special assessments districts for undergrounding utilities in their areas.
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 take the following actions with respect to the ongoing process for the
proposed creation of the Sunset Island Nos. 3 and 4 Special Assessment District for
Undergrounding Utilities: 1) approving and allowing the Sunset Islands 3 and 4 HOA to conduct
the election required by the City prior to the City Commission's approval and establishment of
the first Resolution establishing the proposed special assessment district; which election will be
a mail ballot election, conducted by the City Clerk and City Attorney's Office, and which is
estimated to be held sometime in April 2012; and 2) further approving the attached the "Sunset
Islands 3 and 4 Special Assessment District for Undergrounding Utilities Mail Ballot Election
Procedures," which not only sets forth the process and procedures for the aforestated mail
ballot election, but which will also serve as the template for future mail ballot elections in the
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event of subsequent requests by other HOA's and/or City neighborhoods to proceed with the
creation of special assessment districts for underground utilities in their areas.
PASSED AND ADOPTED this----day of------' 2012
MAYOR
ATTEST:
CITY CLERK
F:\ATIO\AGUR\RESOS-ORD\Sunset Islands 3 and 4 Special Assessment District Reso ( 2-1-12).doc
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ATIACHMENT "A"
Sunset Islands 3 and 4 Special Assessment District for Undergrounding Utilities
Mail Ballot Election Procedures
1 . The Homeowners Association (HOA) shall provide the City Clerk with a
"Certified List"/ approved by the HOA president and attested to by the HOA
secretary/ of each benefited property address on Sunset Islands 3 and 4 (i.e.
within the proposed districtL and the address of where the "Official Ballot 11
shall be mailed. In addition/ the HOA will provide a mailing label for each
address.
2. The City reserves the right to hire a consultant to verify the property owners
and mailing addresses submitted by the HOA pursuant to Item # 1 above.
3. The City Clerk/ s Office/ in consultation with the City Attornel s Office/ will
prepare the "Official Ballot.11 The "Official Ballot" for Sunset Island 3 will be
on "blue" paper1 and the "Official Ballot for Sunset Island 4 will be on
"yelloW 11 paper. The City1 s seal will be embossed on each "Official Ballot."
4. The mail will be placed in three envelopes:
A. Envelope 1: The outer envelope will be affixed with a mailing label
provided by the HOA. This envelope will contain the
"Official Ballot11 and information of when the "Official
Ballot must be returned [Return no later than date] and the
date1 time and location of when the "Official BallotS 11
received will be opened [ date 1 time/ location ] .
B. Envelope 2: Will be placed inside Envelope 1 and will contain the return
address of the City Clerk 1 s Office. This envelope will also
have a place for the property owner to write in their
property address. The property address on this envelope
will be used to cross-check against the "Certified List 11 (See
Item 1 ).
C. Envelope 3: To allow for a secret ballot/ the property owner will be
instructed to remove the //Official Ballot11 from Envelope 1
and check the appropriate box. After voting/ the property
owner will be instructed to place their voted "Official Ballot
inside Envelope 3 and then place Envelope 3 into Envelope
F:\ATTO\AGUR\RESOS-ORD\MEMOS\Sunset Islands 3 and 4-Mail Ballot Election Procedures-Attachment A (2-2-
12).doc
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2. The property owner will be instructed to mail Envelope 2
to the address on the envelope or, bring directly to the City
Clerk's Office.
5. Upon receiving the approved "Official Ballot", the "Certified List", and the
mailing labels, the City Clerk's Office will begin preparing and mailing the
"Official Ballot."
6. All "Official Ballots" will be mailed via First Class U. S. Mail, on the same
day.
7. As voting envelopes are returned, the City Clerk's Office will be responsible
for tracking, on a daily basis, the number of ballots received, by property
address, using the Certified List. The count will be provided to the HOA
president.
8. Any envelopes received having the same property address will both be
voided, and considered a "no" vote for that property address.
9. No duplicate "Official Ballot" will be re-issued {i. e. only one "Official Ballot"
will be issued for each benefited property within the proposed District}.
10. A canvassing board will be established and will be represented by the City
Clerk, and two (2} City employees selected by the City Clerk.
1 1 . To consider the measure approved, a "Yes" vote of at least 60% of the
benefitted property owners on Sunset Islands 3 and 4 {i.e. the proposed
district} is required to consider approved.
12. A property owner who fails to return their "Official Ballot" within the allotted
timeframe will be considered a "no" vote.
13. It is the responsibility of the City Clerk to keep the HOA president informed of
all activities, and the HOA president is responsible for disseminating all
information to the property owners.
14. Ballot opening will be done at the prescribed date, time, and location and
will be opened to the public.
a. Envelope 2 will be opened and Envelope 3 will be removed
b. Envelope 2 will be placed in a separate stack
F:\ATTO\AGUR\RESOS-ORD\MEMOS\Sunset Islands 3 and 4-Mail Ballot Election Procedures-Attachment A (2-2-
12).doc
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c. Envelope 3 will be opened and the "Official Ballot" will be removed and
placed in a separate stack
d. When all Envelope 2' s have been opened and the "Official Ballot"
removed, the ballots will be counted. The count will be done by "Yes",
"No", "No Vote" and "No Ballot Received"
e. Any questionable ballot will be reviewed by the canvassing board to
determine, if possible, voter intent
15. Once the count has been finalized and the count reconciled, the City Clerk's
office will prepare an Official Election Certification.
F:\ATTO\AGUR\RESOS-ORD\MEMOS\Sunset Islands 3 and 4-Mail Ballot Election Procedures-Attachment A (2-2-
12).doc
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jorge M. Gonzalez, City Manager
From: Jonah Wolfson, Commissioner
Date: February 1st, 2012
Re: Commission Agenda Discussion Item
Please place on the February 8th, 2012 Commission Agenda a Discussion Item on
the status of scheduling the retreat required as per the Commission's direction from the
December 2011 Committee of the Whole.
Should you have any questions, please contact Leonor Hernandez at Extension 6437.
JW:Ih
We ore committed to providing excellent public servtce and safety to all who five, work. and ploy in
11
Agenda Item B q L(
Date :z.-8-I 2-
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C9 MIAMI BEAC~i
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
Commissioner Deede Weithorn
February 2, 2012
MEMORANDUM
SUBJECT: Discussion Item for February 8, 2012 Commission Meeting
Please accept this memorandum as a request for a discussion item regarding parking at the
Scott Rakow Youth Center.
Should you have any questions, please feel free to contact Commissioner Weithorn's office at
extension 7105.
Th~
Alex J. Fernandez
Deputy to Commissioner Deede Weithorn
We are committed Ia providing excellent public service and sa!Pry-to all who live, work, and play in our
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Agenda Item ~ q V
Date OL-8'-JZ....
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jorge R. Exposito, Commissioner
DATE: February 2, 2012
SUBJECT: Agenda item: Convention Center Development RFO/RFP process
Please place a discussion item on the February 8, 2012 Commission Meeting agenda regarding my
request for additionallanguage1 to be included in the Convention Center Development RFO/RFP
process.
I was not present for the discussion at the Commission's January 11, 2012 Meeting, Agenda Item
R2A: "Request For Approval To Issue A Request For Qualifications (RFQ) From Qualified Developers
For A Public-Private Mixed-Use Development in Miami Beach For The Enhancement OfThe Miami
Beach Convention Center Campus/District, Including The Expansion Of The Miami Beach
Convention Center And Development Of A Convention Center Hotel," that was approved 6-0. I
believe it essential to evaluate the city's return on investment, and propose a baseline Miami
Beach tourist economic base calculation against which each development proposal can be
compared.
Specifically, in the next-to-last paragraph on page 4 of 5 "MBCC District RFQ," (agenda page 195),
that lists the required elements of detailed proposals from "Proposers", include a requirement
that each proposal shall compare the economic impacts on the Miami Beach tourist economy of
the development proposed with a projection of the Miami Beach tourist economy that assumes a
continuation of Convention Center operations with no further development. In effect, each
proposal would be compared to a "No Build" option in order to evaluate its economic impacts.
My purpose would be to use a baseline of the current Miami Beach tourist economy as measured
by Convention Development Tax receipts from hotels, and tax receipts from alcoholic
beverage/restaurant establishments, and other readily available relevant data, against which to
compare each proposal.
This approach would enable economic impacts to be quantified, in satisfaction of the city charter
requirement: "The City of Miami Beach shall consider the long-term economic impact (at least 5
We ore commiffed to providing excellent public service and safety fa o!i who live, work, and ploy in our vibrant,
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Agenda ltem_..L..lRt......J'Ji,......:W~
Date_:J._~_g __ .s..;;.IJ......;..__
years) of proposed legislative actions." Charter, Article V. Budget and Finance, Sec. 5.02. Budget.
Second paragraph.
JRE/bp
1 In the paragraph beginning: "The shortlisted Proposers, as part of the next stage of the evaluation process,
will be required to prepare a detailed proposal for the MBCC District. The detailed proposal will include a
master plan for the site ... a summary of projected new City revenues to be generated by the proposed
development, and additional information outlined in the RFQdocument", before the last sentence, insert the
following:
"The City will provide Miami Beach hotel occupancy data and convention center
development tax receipts, and alcoholic beverage/restaurant establishment and tax receipt
data for the years 2009, 2010 and 2011, and other relevant data, that may be used as a
baseline for a straight-line projection for a five-year period, under an assumption that no
improvements are made to the Convention Center. Each Proposer shall estimate the effects
of his proposal on the Miami Beach tourist economy against the baseline criteria, projected
over a five-year period, and provide a commentary and supporting data comparing its
impacts on the Miami Beach tourist economy with that of a Convention Center for which no
improvements are made."
cc: Jose Smith, City Attorney
Robert Parcher, City Clerk
We ore commiffed to providing excellent public service and safety to o!! who live, work, and ploy in our vibrant, tropical, historic community.
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: February 3, 2012
SUBJECT: Liability Issue
Please place a discussion item on the February 8, 2012 agenda to consider
liability issues arising from police take home vehicles.
If you have any questions, please contact Leon or Hernandez at extension 6437.
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Agenda Item~ R q X
Date t.-8-1 2.
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R9 -New Business and Commission Requests
R9Y Discussion And Update On The 2012 Florida Legislative Session.
(City Manager's Office)
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Agenda Item R c; Y
Date J-ff-12.
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