20121114 SM2& MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
November 14, 2012
Mayor Matti Herrera Bower
Vice-Mayor Michael G6ngora
Commissioner Jorge R. Exposito
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
Interim City Manager Kathie G. Brooks
City Attorney Jose Smith
City Clerk Rafael E. Granado
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.
SUPPLEMENTAL AGENDA
R7 -Resolutions
R7B A Resolution Approving Funding, In An Amount Not To Exceed $250,000, To Address The
Relocation Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue
Garage Retail Tenant, Penn 17, LLC (D/B/A Cooper Avenue); With Funding Available From
Previously Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The
Interim City Manager And Penn 17, LLC To Negotiate And, If Successful, Execute An
Agreement To Proceed With The Re-Design, Permitting And Constructing Of Kitchen Exhaust
Venting System That Discharges Away From The Service Alley Located Between The New
World Symphony Building And The Pennsylvania Avenue Garage. Joint City Commission
And Redevelopment Agency
(Real Estate, Housing & Community Development)
(Item Referred to FCWPC October 24, 2012)
(Memorandum)
1
Supplemental Agenda, November 14, 2012
R7 -Resolutions (Continued)
R7H A Resolution Adopting The Third Amendment To The Fiscal (FY) 2011/12 General Fund Budget And
The Second Amendment To The Enterprise, Internal Service And Special Revenue Funds Budget.
(Budget & Performance Improvement)
(Resolution)
R71 A Resolution Approving Special Event Permit No. 201377 For WMC OJ MAG, Produced By
Jonathan Cowan Productions, LLC, From March 20, 2013 To March 24, 2013, As Well As Load-In
And Load-Out.
(City Manager's Office)
(Supplemental Information)
R9 -New Business and Commission Requests
R9C The Committee Of The Whole Will Meet During Lunch Recess Of The November 14, 2012 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss: 1) Staff
Participation At Commission Organized Meetings; And 2) Implementation Of Charter Amendment
Affecting The City Clerk.
(City Manager's Office/City Attorney's Office)
(Memorandum on #2)
R9H Discussion Regarding A Resolution Urging Florida's Governor And State Legislature To Amend The
Florida Election Code So As To Reestablish The Duration Of Early Voting To The 14 Days Prior To
An Election (Including The Sunday Immediately Prior To Each Election) For A Minimum Total Of 96
Early Voting Hours, As Well As Urging The President Of The United States, The Majority And Minority
Leaders Of The United States Senate, And The Speaker And Minority Leader Of The United States
House Of Representatives To Support Federal Legislation Providing For National Uniformity
Regarding Early Voting Days And Hours Consisting Of A Minimum Of 14 Days Prior To Election
Dates (Including The Sunday Immediately Prior To Each Election).
(Requested by Vice-Mayor Michael Gongora)
(Resolution)
ii 2
Supplemental Agenda, November 14, 2012
Redevelopment Agency Items
1 B A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA),
Approving A Funding Contribution In An Amount Of $250,000 To Address The Relocation Of The
Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue Garage Retail Tenant, Penn
17, LLC. D/B/A Cooper Avenue; With Funding Available From Previously Appropriated City Center
RDA Capital Fund 365; And Further, Authorizing The Interim Executive Director To Negotiate Terms
Of An Agreement With Penn 17, LLC To Proceed In Redesigning, Permitting And Constructing A
Kitchen Exhaust Venting System That Discharges Away From The Service Alley Located Between
The New World Symphony Building And The Pennsylvania Avenue Garage. Joint City Commission
And Redevelopment Agency
(Real Estate, Housing & Community Development)
(Item Referred to FCWPC October 24, 2012)
(Memorandum)
1 C A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency
Adopting And Appropriating The First Amendment To The Operating Budget For The City Center
Redevelopment Area, The Anchor Shops And Parking Garage, And The Pennsylvania Avenue Shops
And Parking Garage For Items That Are Over-Budget For Fiscal Year 2011/12.
(Budget & Performance Improvement)
(Memorandum)
iii 3
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving funding, in an amount not to exceed $250,000, to address the relocation of the kitchen
exhaust venting system installed by the Pennsylvania Avenue Garage Retail Tenant, Penn 17, LLC (d/b/a Cooper
Avenue) (Tenant); with funding available from previously appropriated City Center RDA Capital Fund 365; and
further, authorizing the Interim City Manager to negotiate terms of an agreement with Penn 17, LLC to proceed in
redesigning, permitting and constructing a kitchen exhaust venting system that discharges away from the service
alley located between the New World Symphony building and the Pennsylvania Avenue Garage.
Key Intended Outcome Supported:
Not Applicable
Supporting Data (Surveys, Environmental Scan, etc.):
Not Applicable
Issue:
Shall the City authorize the reallocation of funds from City Center Fund 365 towards funding the relocation of the
kitchen exhaust system and further authorize the Interim City Manager to negotiate terms of an agreement with
Penn 17, LLC to proceed with the recommended scope?
Item Summary/Recommendation:
On August 17, 2012, the New World Symphony (NWS), expressed major concern over the Tenant's build-out
involving the venting locations of the kitchen exhaust and steam vent from the dishwashers, which both direct into
the service alley between the Garage and NWS; saying that the exhaust has the potential of permeating the NWS
performance hall every time the loading dock doors are opened. On September 10, 2012, the Administration
entered into a Letter Agreement with the Tenant to engage an architectural/engineering firm, at a not-to-exceed
cost to the City of $25,000, to develop conceptual design options and preliminary pricing estimates to modify the
exhaust venting system. On September 21, 2012 the Tenant's Architect, Design 3 Architecture, presented two
options for redirecting the Tenant's exhaust: Option 1 for a price of $59,000, involving the least complex and most
cost effective solution; and Option 2 for a price of $181,000, involving a significantly more complex and potentially
disruptive scope of work. In an effort to find a feasible solution, savings have been identified from the original
construction budget of the Pennsylvania Avenue Garage (RDA fund 365) that can be made available to remedy the
issue. At this time, the Administration requests authority to allocate up to $250,000 to proceed with Option 2 to
address this issue. On October 24, 2012, the City Commission deferred authorizing the Administration to negotiate
an agreement with the Tenant to proceed with the design, permitting and construction of the modifications based
upon either Option 1 or Option 2, and instructed the Administration to consider other options and provide a more
detailed report at the Finance and Citywide Projects Committee (FCWPC) meeting of November 91h. However, the
Administration was unable to obtain and analyze the cost estimates and most feasible remedies within such a short
time frame. Therefore, the FCWPC recommended that the Administration be authorized to negotiate an agreement
with the Tenant to proceed with the design, permitting, and construction of the most feasible remedy, in an amount
not to exceed $250,000, from the identified funding source.
roved on November 9, 2012.
Financial Information:
Amount Account Source of t.j))
Funds: City C 1· 1 $250,000 Fund 365
RDA .
Financial lmpa~ -~ary: Funding is being reallocated from savings realized from the construction of the
Pennsylvania Avenue Garage.
City Clerk's Office Legislative Tracking:
Anna Parekh, ext. 6471
Sign-Offs:
Department Director Acting Assist
AP MA
KGB/MAS/AP/KOB
T:\Agenda\2012\1 0-24-12\Penn Garage Exhaust Summ.docx
MIIAMl~BEACH AGEND.A ITEM R1.B
DATE. IJ-14-tL 4
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of th~ Ci~y ~ission
Kathie G. Brooks, Interim City Manag? (
November 14, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING FUNDING, IN AN AMOUNT NOT TO EXCEED
$250,000, TO ADDRESS THE RELOCATION OF THE KITCHEN EXHAUST VENTING
SYSTEM INSTALLED BY THE PENNSYLVANIA AVENUE GARAGE RETAIL TENANT,
PENN 17, LLC. (d/b/a COOPER AVENUE); WITH FUNDING AVAILABLE FROM
PREVIOUSLY APPROPRIATED CITY CENTER CAPITAL FUND 365; AND FURTHER,
AUTHORIZING THE INTERIM CITY MANAGER AND PENN 17, LLC TO NEGOTIATE
AND, IF SUCCESSFUL, EXECUTE AN AGREEMENT TO PROCEED WITH THE RE-
DESIGN, PERMITTING AND CONSTRUCTING OF KITCHEN EXHAUST VENTING
SYSTEM THAT DISCHARGES AWAY FROM THE SERVICE ALLEY LOCATED
BETWEEN THE NEW WORLD SYMPHONY BUILDING AND THE PENNSYLVANIA
AVENUE GARAGE.
BACKGROUND
On April 13, 2011, the Mayor and City Commission passed Resolution No. 2011-27647, approving
a Lease Agreement, as amended on February 8, 2012 and June 6, 2012, respectively (the
Lease), having a term of nine (9) years and 364 days, between the City, the Redevelopment
Agency (RDA) and Penn 17, LLC, for use of approximately 7,655 square feet of ground level retail
space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for
a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop.
The Resolution also approved the execution of a Pre-Lease Due Diligence Review Agreement,
granting the Tenant a maximum of six (6) months following approval of the Lease, in which to
reserve its leasing rights while advancing design and plan development and consulting with the
City's Planning and Building Departments in order to ascertain the feasibility of obtaining a full
building permit prior to actual commencement of the Lease. During the first full year of rent, the
annual Base Rent will be $574,125, plus Common Area Maintenance costs of $98,844 (paid
monthly at $47,843.75 plus $8,237, respectively, for a total of $56,080.75 monthly).
As has been reported on previous occasions, the challenges in converting the Premises for use as
a restaurant proved considerably more complex, time-consuming and substantially more costly
than originally anticipated by the Tenant; particularly related to the engineering and permitting of
the venting for the kitchen exhaust; installing a system of multiple grease traps; the build-out of
the storage room and the design of the structural slab; restoration of the existing structural slab in
the retail space following partial demolition to install the plumbing; and addressing additional flood-
proofing criteria. The Tenant's plans underwent extensive revisions to address comments and
concerns raised by the City's Planning and Building Departments, as well as certain other
regulatory agencies, as part of the permitting review process. Ultimately, the Tenant has invested
more than $5 million to improve the Premises.
5
Pennsylvania Avenue Garage Exhaust Vent Relocation
Commission Memorandum
November 14, 2012
Page 2 of 4
On September 24, 2012, the Tenant received a Temporary Certificate of Occupancy (TCO) for its
restaurant, Cooper Avenue.
ANALYSIS
On August 17, 2012, as the build-out of Cooper Avenue was nearing completion, the City was
contacted by the New World Symphony (NWS), which expressed major concerns over the venting
locations of the Tenant's kitchen exhaust and steam vent from the dishwashers, which both direct
into the service alley between the Garage and NWS. The NWS believes the kitchen exhaust could
potentially permeate the performance hall every time the loading dock doors are opened (which
are directly opposite the kitchen exhaust vent). As noted earlier, given the structural and
architectural constraints of the building, identifying a feasible location to run the kitchen exhaust
proved to be among the most challenging of the design issues, involving extensive input from
Planning, Building and other regulatory entities in the final approved plan.
Following an extensive series of meetings with representatives from the NWS and the Tenant's
management and design team to figure out options for mitigating odors emanating from the
exhaust venting, the NWS has instead demanded that the City and Tenant explore design
alternatives for redirecting the kitchen exhaust in its entirety,. away from the alley. Although the
discussions centered on the fact that the City could not yet know whether or not there was a
problem, in an abundance of caution the City authorized the tenant to direct his architect to
develop several alternatives to address the NWS concerns.
On September 10, 2012, the City entered into a Letter Agreement with the Tenant pertaining to the
engagement of architectural/engineering services, at a not-to-exceed cost to the City of $25,000, in
order to develop conceptual design options and preliminary pricing estimates to modify the exhaust
venting system for the City's consideration and approval; and further to include services for the
preparation of detailed plans and specifications (including any layouts, architectural, mechanical,
structural, electrical and other plans, drawings and construction documents in sufficient detail to
obtain any and all appropriate regulatory permits), as may be reasonably required by the City's
Building Department in order to process and review Tenant's permit application for such
modification as approved.
Subsequent to the opening of the Cooper Avenue restaurant it has been determined that there is
odor in the alleyway between the garage and concert hall. While it is not known if the odors would
permeate the inside of the performance hall, in order to address a potential negative impact the
Administration suggest that the Commission consider relocating the vents.
On September 21, 2012 the Tenant's Architect, Design 3 Architecture, presented two options for
redirecting the Tenant's exhaust in order of feasibility, complexity and cost as follows:
Option 1 -Total Estimated Minimum Cost: $59,000
The most feasible, the least complex and most cost-effective approach provides for maintaining
the existing location of the exhaust fans on the cover slab over the garbage room. This provides for
a stable working platform by which to maintain and service the fans and duct work. The ducting
and exhaust vent leading to the exterior of the building facing the New World Symphony's loading
dock, would be rerouted 90 degrees to the north and discharge directly above the garage entrance
located on 17 1h Street.
6
Pennsylvania Avenue Garage Exhaust Vent Relocation
Commission Memorandum
November 14, 2012
Page 3 of 4
Option 2-Total Estimated Minimum Cost: $181,000
The most complex and costliest of the solutions and the least feasible, (primarily in terms of the
anticipated operational disruption for the Tenant due to the construction involved), involves the
complete relocation and re-engineering of the exhaust ducting, extending it south and then west to
discharge over the garage exit on Pennsylvania Avenue. This would also require the construction
of an elevated concrete pad over the flood panel storage enclosure, to relocate and support the
exhaust fans needed to drive the exhaust through the ducting.
It should be noted that the New World Symphony views Option 2 as the only choice, as it extends
the exhaust discharge the furthest away from the service alley.
At the City Commission meeting on October 24, 2012, the Administration recommended adopting
a resolution appropriating an amount not to exceed $250,000 to provide the greatest amount of
flexibility to remedy this issue in the most feasible manner. The Administration also recommended
that the City Commission authorize the Interim City Manager to negotiate an agreement with the
Tenant to proceed with the design, permitting and construction of the modifications, based on
either Option 1 or 2.
However, during the October 241h discussion, the City Commission expressed concern in making a
decision based on estimates which were only preliminary in nature and without having the benefit
of truly evaluating the options as presented. The Commission also suggested that more efficient
and/or cost-effective solutions may be available, including the option of carbon filtration, which
should be explored further before coming back with a recommendation. To this end, the
Administration was asked to provide a more detailed report, complete with cost estimates, to be
discussed at the next meeting of the Finance and Citywide Projects Committee (FCWPC).
Accordingly, on October 25th, the Administration verbally asked the Tenant to have its Architect
explore the possibility and cost associated with modifying its exhaust system to incorporate a
carbon filtration system to further mitigate any residual odors venting into the alley. A follow-up
request for the cost estimate was sent via email on October 29th. On November 1st, the tenant
informed the Administration that the Architect's quote on a filter system is being developed. On
November 5th, the Tenant informed us that the quote is anticipated by mid-week.
Staff is also working on conducting a peer review of Options 1 and 2 in order to determine their
respective viability and effectiveness as well as verify and possibly value-engineer the cost
estimates associated with each option. The analysis will also explore other available solutions, if
any, including, but not limited to, options for the New World Symphony to consider, such as the
installation of a commercial air curtain over its loading dock door.
By the November 9, 2012, FCWPC meeting, the Administration was unable to obtain and analyze
the cost estimates and most feasible remedies. Therefore, the FCWPC's recommendation was
that the Administration be authorized to proceed to negotiate an agreement with the Tenant to
proceed with the design, permitting, and construction of the most feasible remedy, in an amount
not to exceed $250,000, from the identified funding source.
RECOMMENDATION
In an effort to mitigate this situation, the Administration has identified savings from the original
construction budget of the Pennsylvania Avenue Garage (RDA Fund 365) that can be made
available to proceed with either Option. Given the fact that cost estimates to undertake the work
7
Pennsylvania Avenue Garage Exhaust Vent Relocation
Commission Memorandum
November 14, 2012
Page 4 of 4
are preliminary at best, the Administration recommends appropriating an amount not to exceed
$250,000 to provide the greatest amount of flexibility to remedy this issue in the most feasible
manner. The Administration also recommends that the City Commission authorize the Interim City
Manager to negotiate an agreement with the Tenant to proceed with the design, permitting and
construction of the modifications, based on either Option 1 or 2.
KG 8/MS/ AP /KOB
T:\AGENDA\2012\Penn Garage Exhaust Relocation Mem.doc
8
RESOLUTION TO BE SUBMITTED
9
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE FISCAL (FY) 2011/12 GENERAL
FUND BUDGET AND THE SECOND AMENDMENT TO THE ENTERPRISE, INTERNAL
SERVICE AND SPECIAL REVENUE FUNDS BUDGETS
WHEREAS, the Administration has performed a preliminary review of year-end actual
revenues and expenditures and it is anticipated that the General Fund will have an overall initial operating
budget surplus of $5.2 million; and
WHEREAS, this surplus is net of the $2.2 million from the one-time pension credit in FY
2011/12 reserved as a set aside for the FY 2012/13 General Fund Budget; and
WHEREAS, the City's financial policies adopted pursuant to Resolution 2006-26341 and
Resolution 2002-24764 require one time revenues (such as the year-end surplus) must be used for non-
recurring expenses, and that at least half of each annual year-end surplus must be allocated to the City's
Capital Reserve Fund; and
WHEREAS, however, the City's Capital Reserve was established in FY 2005/06 at a time
when the industry was at a peak, with project bids often coming in significantly higher than budgeted; today
is a very different market, with construction bids being received significantly under project budgets; and the
Capital Reserve has accumulated approximately $11 million in funding; and
WHEREAS, as a result, it is recommended that the Commission waive the policy that
requires that at least half of the FY 2011/12 year-end surplus be used to fund the City's Capital Reserve
Fund; and
WHEREAS, there are $535,000 in General Fund from FY 2011/12, attributable to Building
revenues in excess of budgeted expense; and
WHEREAS, there are $440,000 in General Fund encumbrances from FY 2011/12 for
goods or services which were procured but not yet received and expended that the Administration is
recommending be set aside to be carried over to FY20 12/13; and
WHEREAS, the Administration is further recommending that $950,000 in General Fund be
set aside in FY 2011/12 for projects budgeted but not expended or encumbered and for the severance pay
for the former City Manager, although this has not been finalized; and
WHEREAS, the Administration is recommending that funding for the above referenced
encumbrances be set aside to be carried over into the FY 2012/13 operating budget; and
WHEREAS, the FY 2012/13 General Fund budget adopted on September 27, 2012,
included the carry-over of a $2.2 million in revenue for the one-time pension credit in FY 2011/12, and
WHEREAS, it is recommended that a $2.7 million in surplus from FY 2011/12 be reserved
as a set aside for the FY 2013/14 General Fund Budget and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the policy is waived for FY 2011/12 requiring that fifty
percent of year-end surplus in the General Fund be used to increase funding in the City's Capital Reserve
Fund; and that the third amendment to the FY 2011/12 General Fund budget, and the second amendment
to the Enterprise Funds, Internal Service Funds, and Special Revenue Funds' are adopted as shown on
the following pages.
Agenda Item _E]_J:L __ .
Date_ 11-1~ -/L_ 10
GENERAL FUND
FY 2011/12 Changes in Recommend FY 2011/12
Amended Rev/Exp Additional Amended
2-08-12 Appropriation Appropriation 11-14-12
REVENUES
Operating Revenues
Ad Valorem Taxes $ 98,198,923 $ 29,077 $ $ 98,228,000
Ad Valorem Taxes-S Pte Costs 10,439,424 3,576 10,443,000
Ad Valorem Cap. Renewal & Replace. 1,755,752 248 1,756,000
Ad Valorem Taxes-Norm Shores 108,469 531 109,000
Other Taxes 24,278,385 211,615 24,490,000
Licenses and Permits 17,686,553 4,460,447 22,147,000
Intergovernmental 10,091,000 (130,000) 9,961,000
Charges for Services 4,879,252 (120,252) 4,759,000
Charges for Services incl. Golf Courses 5,805,119 (507, 119) 5,298,000
Fines and Forfeits 2,574,000 482,000 3,056,000
Interest 3,430,000 (687,000) 2,743,000
Rents and Leases 6,034,143 (14,143) 6,020,000
Miscellaneous 12,423,449 151 ,551 12,575,000
Other-Resort Tax contribution 26,965,440 26,965,440
Other-Non Operating revenues 7,981,502 (502) 7,981,000
Reserve-Building Department Ops. 1,546,709 (1 ,546,709)
Prior Year-End Surplus Set Aside 4,253,401 4,253,401
Prior Year Surplus from Parking Operation Fund 7,200,000 7,200,000
Total General Fund $ 245,651,521 $ 2,333,320 $ 247,984,841
APPROPRIATIONS
Department
Mayor and Commission $ 1,583,448 $ $ $ 1,583,448
City Manager 2,335,776 (1 00,000) 2,235,776
Communications 909,730 (40,000) 869,730
City Clerk 1,566,868 (200,000) 1,366,868
Finance 4,275,479 (11 0,000) 4,165,479
Office of Budget & Perf Improve. 1 ,917,136 (1 00,000) 1,817,136
Human Resources/Labor Relations 1,772,358 (130,000) 1,642,358
Procurement 962,664 (90,000) 872,664
City Attorney 4,159,498 4,159,498
Real Estate, Housing & Comm Dev 815,091 (1 0,000) 805,091
Community Services 434,834 434,834
Homeless Services 921,844 (1 00,000) 821,844
Building 10,655,841 (250,000) 10,405,841
Code Compliance 4,355,491 (190,000) 4,165,491
Planning 3,208,324 (60,000) 3,148,324
Tourism & Cultural Development 2,427,086 (120,000) 2,307,086
Parks and Recreation 21,894,546 (714,373) 21,180,173
Golf Courses 6,198,289 (280,000) 5,918,289
Public Works 6,557,821 (600,000) 5,957,821
Capital Improvement Program 4,777,185 (700,000) 4,077,185
Fire 59,001,680 (900,000) 58,101,680
Police 91,993,213 (2,300,000) 89,693,213
Citywide Accounts 9,255,695 3,444,305 12,700,000
Citywide Ace-Operating Contingency 951,612 (951 ,612)
Citywide Accounts-Normandy Shore 166,875 166,875
Sub Total General Fund $ 243,098,384 $ (4,501 ,680) $ $ 238,596,704
TRANSFERS
Citywide Accounts-Transfers 797,385 797,385
Capital Renewal & Replacement 1,755,752 1,755,752
Reserve-Future Building Dept Needs 535,000 535,000
Reserve-Carryforward Pension Credit Surplus to FY 2012/13 2,210,000 2,210,000
Reserve-Encumbrances 440,000 440,000
Reserve -Set Asides Carried forward to FY 2012/13 950,000 950,000
Reserve-Set Aside for FY 2013/14 Budget Shortfalls 2,700,000 2,700,000
Sub Total Transfers $ 2,553,137 $ 2,210,000 $ 4,625,000 $ 9,388,137
Total General Fund $ 245,651,521 $ (2,291 ,680) $ 4,625,000 $ 247,984,841
11
FY 2011/12
Amended
ENTERPRISE FUNDS 1-11-12
REV/EXP APPROPRIATIONS
Convention Center $ 13,478,680 $
Parking 44,739,057
Sanitation 15,936,393
Sewer Operations 34,478,643
Stormwater Operations 14,588,982
Water Operations 33,549,062
Total Enterprise Funds $ 156,770,817 $
FY 2011/12
Amended
INTERNAL SERVICE FUNDS 1-11-12
REV/EXP APPROPRIATIONS
Central Services $ 886,850 $
Fleet Management 8,180,390
Information Technology 15,535,011
Property Management 8,234,967
Risk Management 21,750,296
Total Internal Service Funds $ 54,587,514 $
FY 2011/12
Amended
SPECIAL REVENUE FUNDS 1-11-12
REV/EXP APPROPRIATIONS
Resort Tax $ 47,605,327 $
7th Street Garage Operations $ 2,144,000
5th & Alton Garage • City's share of Shortfall $ 343,300
Art in Public Places $ 1,342,387
Tourism and Hospitality Scholarship Programs $ 89,850
Information and Communications Techn. Fund $ 28,814
Education Compact $ 129,560
Green/Sustainability Funds $ 6,335
Waste Hauler Additional Services and Public Benefit 64,000
Total Special Revenue Funds $ 51,753,573 $
Passed and adopted this 14th day of November, 2012.
ATTEST:
City Clerk
Changes in FY 2011/12
Rev/Exp Additional Allllerncted
Appropriation Appropriation S:ud~et
$ $ 1 3,4-78,680
4-4,739,057
1 5,9o36,393
340,761 3·4,&19,404
1 4,588,982
3·3,549,062
340,761 $ $ 15·7,111,578
Changes in f'( 2011/12
Rev/Exp Additional Anr1e11ded
Appropriation Appropriation B;ud~et
$ 886,850
548,610 8,729,000
1 5,535,011
8,234,967
21,750,296
548,610 $ $ 5 5,136,124
Changes in FY 2011/12
Rev/Exp Additional Arr1encted
Appropriation Appropriation 8-ud~et
1,869,390 $ 4'9,4 74,717
:2,144,000
343,300
1,342,387
89,850
28,814
129,560
6,335
64,000
1,869,390 $ $ 5:3,622,963
Mayor
APPROVED AS TO
FORM & LANGUAGE
FO XECUTION
v / .. ~.~l?.llV .,
torn~(,: Oarte
12
THIS PAGE INTENTIONALLY LEFT BLANK
13
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager /A/-,
DATE: November 14, 2012
SUBJECT: SUPPLEMENTAL INFORMATION -A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SPECIAL
EVENT PERMIT NO. 201377 FOR WMC OJ MAG, PRODUCED BY JONATHAN
COWAN PRODUCTIONS, LLC, FROM MARCH 20, 2013 TO MARCH 24, 2013, AS
WELL AS LOAD-IN AND LOAD-OUT.
BACKGROUND
The City's regularly scheduled monthly special event community review meeting took place on
November 8 and this event was included on the agenda. The event was reviewed and initial approval
was provided by the community to continue the process, but with the need to return to the special event
community review meeting for final approval with details relevant to talent, a detailed production
schedule and city resources could be provided.
As you know, this event was previously held on private property. However, the event has outgrown the
hotel pool at the Shelborne, and, additionally cannot use the location in the future do to a change in the
management structure of the hotel. It should be noted that use of public property for events occurs
throughout the year for a variety of different events such as NASCAR Championship Drive, White Party-
Muscle Beach, Orange Drive, Winter Party, Miami Beach Polo World Cup, Pride, South Beach Wine and Food
Festival, Art Deco Weekend and Orgullo.
In light of the new policy adopted by the City Commission at its October 24, 2012 meeting, the
Administration considered the scope and scale of the event in 2012 as compared to the application
request for 2013. The following compares the 2012 and 2013 event:
Dates
2012: They held the event for 4 days, with load-in/out provided for during the same dates.
Some elements were loaded in previously as they were used by a separate event (VS
Pink) which had a single load in day in advance of their one day event.
2013: They have applied for a 5 day event with an additional two (2) days for load-in/out.
Note: Staff believes they will require at least 3 days to load-in and another 2 days for load-out,
based on typical tented events of this nature on public property and discussions with
event producers.
Occupancy
2012: A temporary occupant load was issued with 800 person occupancy on the pool deck.
The hotel also has an interior venue, Shine, which was part of the event and had a 500
person occupancy. Total combined occupancy 1 ,300.
2013: This year they have applied for an event site that would hold 3500 people, approximately
41,000 gross square feet.
Agenda Item R J I
Date 11-/lf~/2.. 14
Page 2 of4
November 14, 2012
City Commission Meeting
Special Events Permit No. 201377-Jonathan Cowan Productions, LLC
SUPPLEMENTAL INFORMATION
Off-Duty Police
2012: 4 - 5 Miami Beach Police were hired per day. There were additional 4 - 5 off-duty
personnel from outside jurisdictions per day.
2013: The City has not had sufficient time to determine the required level of off-duty staffing for
this event. However, based on events of this nature on public property and that the size
of the requested occupancy is double that of the 2012 event, the levels are generally
expected to at least be double what was needed on private property. Outside jurisdiction
agencies are generally not staffed for events on the public beachfront, as the nature of
this area requires full understanding of the City's regulations.
Off-Duty Fire
2012: 5 Fire Department personnel to handle triage, transport and inspections.
2013: The Fire Department has not had sufficient time to determine the required level of
staffing, but has advised that, based on previous years, they anticipate begin stretched
very thin and adding another event makes it difficult to provide adequate levels of
staffing. The Fire Department requires off-duty fire personnel at all hotels that have 800
person occupancy or greater. Additionally, all events on public property are required to
have fire personnel. The Fire Department is not able to obtain assistance from outside
jurisdictions.
It is also anticipated that off-duty lifeguards would be required to ensure any attendees
are safe should they decide to swim in the ocean.
Parking
2012: Hotel valet and nearby garages were used for guest parking.
2013: Nearby garages and lots will be used, but the Administration would typically require some
additional private parking or valet accommodation to support the number of anticipated
attendees.
Sanitation
2012: The hotel staff provided sanitation services.
2013: The applicant is responsible for cleaning the area during and after the event. All
arrangements and removal of garbage, trash, and other debris are the sole
responsibility of the applicant. A City permit authorizing placement of dumpsters must
be obtained through the City's Sanitation Department. Applicants are required to meet
sanitation standards to assure an adequate number of litter containers are on-site, and
must encourage guests to comply with the City of Miami Beach's anti-litter efforts. Glass
containers and plastic straws are prohibited. Recycling efforts are encouraged.
Applicants shall ensure that the event site is returned to its original condition within
twenty-four hours.
As previously stated, March is the busiest month of the year for the City. As a result, based on historical
information the Administration anticipates reviewing, approving and providing some level of staffing
(police, fire and/or sanitation) for approximately 60 events throughout the month. The following is a
breakdown of those events and a detailed list can be found in Exhibit A:
•
•
12
48
Public Property Events
Private Property Events
In 2013, Spring Break will begin as early as February 15th and continues until April 201h. The peak
weeks will be March 2nd -March 23th. Miami-Dade and Broward schools spring break coincides with
15
Page 3 of4
November 14, 2012
City Commission Meeting
Special Events Permit No. 201377-Jonathan Cowan Productions, LLC
SUPPLEMENTAL INFORMATION
Passover and Easter, which runs from March 22-31, 2013. Winter Music Conference and Ultra Music
Festival also occur during this time from March 15-March 24, 2013.
2012 SPRING BREAK MEP RECAP
In an effort to illustrate the level of activity occurring during March, the following information summarizes
each department's involvement in the 2012 Spring Break MEP:
Tourism
In 2012, the City averaged approximately 85% occupancy in our hotels for the seven (7) week period.
Sanitation
The Sanitation Division enhanced the night crew in the entertainment district (Lummus Park, South Pointe,
Ocean Drive, Collins Avenue and Washington Avenue) from Thursday-Sundayon every weekend of the
MEP and placed extra trash cans at beach entrances from 0 to 15 streets. Additional crews were shifted
to affected areas on an "as needed basis." Miami-Dade County Beach Maintenance enhanced litter crews
on South Beach seven days a week until 7:30 PM from Monday -Friday and until 8:00 PM on the
weekends. The County also redeployed staff from Haulover Beach and other areas to address the peak
periods in South Beach. Daily monitoring and documenting of beach conditions was initiated by the City.
The Sanitation Division collected 98 tons of garbage during this MEP.
Police
The Police Department instituted an Enhanced Staffing Plan in the Entertainment District and South
Pointe areas with personnel brought in on overtime to provide the support. The plan commenced on
Friday, February 17, 2012, and continued through Sunday, April 8, 2012. Personnel were assigned
different hours, and employed different vehicles (bicycles, ATVs, marked vehicles, etc.) and uniforms to
optimize efficiency and productivity. The plan included traffic management, bicycle deployment, ATV
beach deployment, and marked and unmarked vehicles. On-beach efforts again focused on quality of life
issues, such as glass bottles and underage drinking. Voluntary cooler checks were initiated in key beach
access locations, with information and education provided to beachgoers.
Additionally, Victim Advocates distributed flyers on weekend nights containing "anti-date rape" literature
and tips to help visitors and resident alike enjoy the festivities. The 12 Tip cards also listed phone
numbers for the Police Department non-emergency line, Criminal Investigations Division (CID), and Crime
Prevention.
For the duration of the MEP, a total of 5,823 coolers were checked, with 3558 pour outs/confiscations,
2055 code violations issued, 84 felony arrests, 356 misdemeanors arrests, 20 DIU arrests, 4275 moving
violations and 579 parking citations.
Code Compliance
The Code Compliance Division also enhanced staffing to focus primarily on beach litter and other quality
of life issues. Code Compliance coordinated efforts with Police to address glass and alcohol on the
beaches. Additionally, Code focused on handbills/flyers and noise, and added extra shifts during Winter
Music Conference and Ultra Music.
Similar to New Year's Eve, Code Compliance and the Police Department strictly enforced the open
container laws. 470 violations were issued for either beach litter or bottles/cans on the beach.
Concurrently, Code officers distributed more than 1 ,330 litter bags to beach visitors. Additionally, four (4)
open container violations were issued to businesses, 23 sign/handbill violations and 11 violations for dogs
on the beach.
16
Page 4 of4
November 14, 2012
City Commission Meeting
Special Events Permit No. 201377-Jonathan Cowan Productions, LLC
SUPPLEMENTAL INFORMATION
Traditionally, noise is a major concern during the portion of the MEP period that includes Winter Music
Conference (WMC) and Ultra Music Fest. During the ten-day period of the WMC/Uitra, Code opened a
total of 271 cases, of which 99 were "commercial" (vs. residential/other).
Parking:
Our MEP included enhanced parking staffing to address illegal parking, including in residential zones. The
plan also included staffing certain lots (e.g. South Pointe Park and Pier Park). This effort proved to be
successful as it deterred people from hanging out in the vehicles and disturbing the neighborhood.
During the six-week MEP period, 6,794 parking citations were issued south of 51h street alone, with another
30,621 citations issued in South Beach, north of 51h street. There were 1,096 tows in South Beach (127
south of 51h) during the MEP period.
Community Outreach/Education
The public education component of the MEP again included the deployment of more than a half-dozen
VMS Signs (Variable Message Signs); the placement of temporary (real estate-type) signs in key locations
near and on the beach; "Drinks Stay Inside" signs distributed to the bars and nightclubs and Victim
Advocates from the Police Department who distributed crime prevention, "anti-date rape" and visitor
information flyers.
RECOMMENDATION
In an effort to maintain existing business, the City Commission approved additional criteria to be
considered by the Administration when reviewing such requests. The proposed event is larger and of
longer duration than what was approved in prior years for private property. As such, supporting this event
would require more resources than was previously provided and the City's resources are already strained
during this time period. Based on the aforementioned stated goal, approved criteria and the event
information provided by the applicant the Administration recommends against approval of Special Event
Permit No. 201377 for WMC DJ MAG as submitted by Jonathan Cowan Productions, LLC.
KGB/MAS/GW
T:\AGENDA\2012\11-14-12\Special Event Permit Jonathan Cowan Productions LLC SUPPLEMENTAL MEMO.doc
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PUBLIC PROPERTY USES
Permit# Event name
201264 South Beach Comedy Festival
2012181 soundScape Cinema Series
201265 2012 Miami International Film Festl
2012158 Temporary ContemporaryRSusan PI
2012100 13.1 Miami Beach Half Marathon
2012111 Winter Party T-DANCE
2012110 Winter Party Beach Party
2012194 Miami City Ballet Dances Balanchi
201270 What Women Want I
2012132 Winter Music Conference
2012105 Yamaha Contender Miami Billfish T
2012198 Louis Vitton Dinner
2012113 MODEL VOLLEYBALL
2012199 New World Symphony WALLCAST
PRIVATE PROPERTY USES
Permit# Event name
2012131 Winter Party@ Lords (Nash)
2012112 Winter Party Pool Party
2012109 Winter Party Shopping Night
2012155 Purim Carnival
2012167 PINK Nation Beach Bash @ Shelbc
2012166 WMC@ The Shore Club Hotel
2012168 WMC@ The Setai
2012143 WMC @ Catalina Hotel & Beach Cl
2012177 WMC@ Shelborne Hotel
2012150 WMC@ Segafredo
2012164 Casa lbiza-WMC @ Congress Ho
2012139 WMC @ Hotel Leon
2012141 WMC@ Shelley Hotel
2012186 WMC@ Surfcomber Hotel
2012134 WMC@ Chesterfield Hotel
2012140 WMC @ Whitelaw Hotel
2012142 WMC @ Hotel Chelsea
2012135 WMC @ Lords (Nash)
2012152 WMC @ National Hotel
2012184 WMC 2012@ d'vlne hookah loung<
2012133 WMC 2012@ Beach Plaza Hotel
2012178 Ultra @ Dorchester Hotel
2012165 WMC@ Fontainebleau Hotel
2012151 Ultra @ Segafredo
2012188 Ultra @ Hotel Victor
2012183 Ultra @ Delano Hotel
2012173 Ultra @ The Raleigh Hotel
2012138 WMC @ Nikki Beach
2012182 Casa lblza -Ultra @ Congress Hot<
2012176 Ultra @ Shelborne Hotel
2012175 Ultra @ The Shore Club Hotel
2012149 ULTRA @ Catalina Hotel & Beach <
2012160 Ultra @ National Hotel
2012169 Ultra @ The Setal
2012137 Ultra @ Lords (Nash)
2012161 AIX OJ Sessions
2012174 Ultra @ Carlton Hotel
2012147 ULTRA @ Shelley Hotel
2012191 Ultra @ Soho House
2012148 ULTRA @ Chelsea Hotel
2012146 ULTRA@ Whitelaw Hotel
2012144 ULTRA@ Chesterfield Hotel
2012187 Ultra @ Surfcomber Hotel
2012172 Ultra @ W South Beach
2012171 Ultra @ Mondrian South Beach
2012185 Ultra 2012@ d'vine hookah lounge
March 2012 Special Events
Start Date End Date Location Off-duty Police
02/29/2012 03/04/2012 Lincoln Road @ the Euclid Oval Y
03/01/2012 05/30/2012 Sounscape Park, 500 17th Stree N
03/02/2012 03/11/2012 1100 block of Lincoln Road y
03/02/2012 11/01/2012 Collins Park, west of Collins Ave N
03/03/2012 03/04/2012 Lummus Park Beach; 11th & 12t Y
03/04/2012 03/04/2012 Palace Bar, 1200 Ocean Drive y
02/29/2012 03/05/2012 Lummus Park Beachfront; 12 11: Y
03/10/2012 03/10/2012 Sounscape Park, 500 17th Stree N
03/10/2012 03/10/2012 Nikki Beach Club - 1 Ocean Drlv· N
03/12/2012 03/27/2012 Collins Park; bet. 21st & 22nd StY
03/19/2012 03/26/2012 Miami Beach Marina -300 Alton Y
03/26/2012 03/26/2012 Beach behind Bath Club y
03/26/2012 04/03/2012 Lummus Park 1 7-9 streets y
03/31/2012 03/31/2012 Sounscape Park, 500 17th Stree N
Start Date End Date Location Off-duty Police
03/01/2012 03/05/2012 Hotel Nash, 1120 Collins AvenuE N
03/02/2012 03/03/2012 Surfcomber -1717 Collins Avenu Y
03/02/2012 03/02/2012 Lincoln Road N
03/09/2012 03/09/2012 Yeshiva Elementary, 7902 Carlyl N
03/13/2012 03/14/2012 She I borne Hotel, 1801 Collins A1 Y
03/15/2012 03/18/2012 The Shore Club Hotel-1901 Colli N
03/15/2012 03/16/2012 Setal Hotel-2001 Collins Avenu N
03/16/2012 03/20/2012 Catalina Hotel, 1732 Collins Ave N
03/16/2012 03/21/2012 Shelborne Hotel, 1801 Collins AI Y
03/16/2012 03/20/2012 Segafredo Cafe -1040 Lincoln R N
03/15/2012 03/20/2012 Ocean Drive at 1Oth Street N
03/16/2012 03/20/2012 Hotel Leon, 841 Collins Avenue N
03/16/2012 03/20/2012 Shelly Hotel, 844 Collins Ave. N
03/15/2012 03/19/2012 Surfcomber-1717 Collins AvenuE Y
03/16/2012 03/20/2012 Chesterfield Hotel, 855 Collins A N
03/16/2012 03/20/2012 Whitelaw Hotel, 808 Collins Ave1 N
03/16/2012 03/20/2012 Chelsea Hotel, 944 Washington N
03/16/2012 03/21/2012 Hotel Nash, 1120 Collins AvenuE N
03/18/2012 03/21/2012 National Hotel-1677 Collins AvE N
03/17/2012 03/21/2012 D'vlne, 455 Lincoln Road N
03/20/2012 03/24/2012 Beach Plaza Hotel, 1401 Collins N
03/21/2012 03/25/2012 Dorchester, 1741 collins N
03/20/2012 03/25/2012 Fontainebleau Hotel, 4441 Collin Y
03/21/2012 03/25/2012 Segafredo Cafe-1040 Lincoln R N
03/21/2012 03/25/2012 Hotel Victor, 1144 Ocean Drive N
03/20/2012 03/24/2012 Delano Hotel-1685 Collins Aver N
03/21/2012 03/25/2012 Raleigh Hotel -1775 Collins Ave N
03/14/2012 03/26/2012 Nikki Beach Club - 1 Ocean Driv· Y
02/23/2012 03/25/2012 Ocean Drive at 1Oth Street N
03/22/2012 03/25/2012 Shelborne Hotel, 1801 Collins A1 Y
03/22/2012 03/25/2012 Shore Club Hotel -1901 Collins N
03/22/2012 03/26/2012 Catalina Hotel, 1732 Collins Ave N
03/22/2012 03/25/2012 National Hotel-1677 Collins AvE N
03/22/2012 03/23/2012 Setai Hotel -2001 Collins Avenu N
03/21/2012 03/26/2012 Hotel Nash, 1120 Collins AvenuE N
03/21/2012 03/26/2012 Armani Exchange, 760 Collins A N
03/20/2012 03/26/2012 Carlton Hotel, 1433 Collins Ave N
03/22/2012 03/26/2012 Shelly Hotel, 844 Collins Ave. N
03/21/2012 03/26/2012 Soho House, 4385 Collins Avent N
03/22/2012 03/26/2012 Chelsea Hotel, 944 Washington N
03/22/2012 03/26/2012 Whitelaw Hotel, 808 Collins Ave< N
03/22/2012 03/26/2012 Chesterfield Hotel, 855 Collins A N
03/20/2012 03/26/2012 Surfcomber Hampton lnn-1717 C N
03/21/2012 03/25/2012 W Hotel, 2201 Collins Avenue N
03/22/2012 03/25/2012 Mondrlan, 1100 West Avenue N
03/21/2012 03/26/2012 D'vlne, 455 Lincoln Road N
18
RESOLUTION TO BE SUBMITTED
19
H
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139 www.miamibeachfl.gQL
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, lnter21·m~i ~tiJI nager ~ / •
Jose Smith, City Attorney ~ • '\ r
November 14, 2012 · ·
Committee of the Whole-Implementation of Charter Amendment Affecting the
City Clerk
The functions of the Office of the City Clerk are currently compartmentalized into the following
three (3) Divisions:
1. Office of the City Clerk (which also provides customer service functions such as passport
processing and 604-CITY);
2. Special Master; and
3. Central Services (Print Shop and Mail Room)
There are currently thirteen (13) full-time budgeted employees in the Office, which is broken down
as follows:
Office of the City Clerk Full-Time Status
Positions --
City Clerk 1 Unclassified
Assistant City Clerk 1 1 Unclassified
Office Associate V 1 Unclassified
Office Associate IV 1 Unclassified
Office Associate Ill 1 Unclassified
Administrative Aide I 1 Classified
Agenda Coordinator 0.6 Unclassified
Special Master Full-Time Part-Time
Positions Positions
Code Violations Clerk 2 Unclassified
Central Services Full-Time Part-Time
Positions Positions
Central Services Coordinator 1 Unclassified r----
Agenda Coordinator 0.4 Unclassified
Central Services Technician I 3 Classified
1 Although budgeted for a full-time employee, the position of Assistant City Clerk is currently being filled by
the City's recently retired Assistant City Clerk on a parHime basis. The City is the process of recruiting for a
full-time Assistant City Clerk.
Agenda Item ~q C: Date~ 20
The following are the duties currently performed by the Office of the City Clerk:
CURRENT DUTIES
Gives notice of, attends and keeps minutes of all City Commission meetings.
Serves as the City of Miami Beach's official Records Custodian.
Maintains records of the City Commission, City Boards and City Committees.
Performs all functions relative to municipal elections in accordance with applicable state, county
and city law.
Performs such other duties as the City Manager may prescribe from time to time.
Maintains the seal of the City of Miami Beach and attest the signatures of the Mayor and City
Manager, as the case may be, on all documents if needed.
Accounts to the City Manager for the conduct and acts of the City Clerk's Office.
Performs such other professional duties as may be required by ordinance or resolution of the
City Commission or by the Charter. For example:
• Acts as Records Management Liaison with the Florida Department of State .
• Responsible for registering lobbyist, disseminating lobbyist information to the elected
officials and administration, collecting annual renewal fee and per-issue fee, and annual
reporting requirement as outlined in the City Code.
• Responsible for yearly Financial Disclosure (State Reporting and City Reporting) .
Agenda Preparation:
• Prepares schedules for yearly Regular and Alternate Commission meetings, Agenda reviews
meeting and Afteractions meetings.
• Prepares the agenda for all City Commission meetings and Commission Workshops .
Special Master:
• Schedules Special Master hearings and provides clerical support to Special Master .
Central Services:
• Provides printing, copying, cutting and binding services to all City departments .
• Responsible for sorting and distributing incoming mail (U.S. and interoffice) .
• Processes all outgoing mail (U.S. and interoffice) .
• Provides courier service and agenda distribution .
Customer Service Functions:
• Passport Application Acceptance Facility .
• 604-CITY-Directs public inquiries for action to City departments .
• Administering oaths and providing notarial services .
• Responds to public information/records requests via letters, telephone, over the counter and
the internet.
Maintains City Clerk's website for the City Commission (Agendas, Afteractions and Audio files).
The electorate having approved on November 6, 2012 to amend the Charter to establish the City
Clerk as a Charter Officer responsible for performing the designated duties listed in Resolution
2012-27962, whose compensation is established by ordinance, and whereby the City Clerk shall
be appointed and removed by, and accountable to, the City Commission instead of the City
Manager, the following duties should remain with the Office of the City Clerk:
21
,--CITY CLERK'S DUTIES AFTER CHARTER AMENDMENT APPROVED NOVEMBER 6, 2012 1----
Gives notice of, attends and keeps minutes of all City Commission meetings.
Serves as the City of Miami Beach's official Records Custodian.
Maintains records of the City Commission, City Boards and City Committees.
Performs all functions relative to municipal elections in accordance with applicable state, county
and city law.
Appoints all personnel in the City Clerk's Office, and appoints and removes, at will, all
unclassified personnel in the City Clerk's Office. Supervises and controls the City Clerk's Office
subject to the control of the City Commission and consistent with the provision of the City Code
and City Charter.
Performs such other duties as the City Commission may prescribe from time to time, which are
not in conflict with the duties of the City Manager.
Maintains the seal of the City of Miami Beach and attest the signatures of the Mayor and City
Manager, as the case may b~n all documents if needed.
Accounts to the City Commission for the conduct and acts of the City Clerk's Office.
Customer Service Functions:
• Administering oaths and providing notarial services .
• Responds to public information/records requests via letters, telephone, over the counter and
the internet.
Performs such other professional duties as may be required of him/her by ordinance or
resolution of the City Commission or by this Charter. For example:
• Acts as Records Management Liaison with the Florida Department of State .
• Responsible for registering lobbyist, disseminating lobbyist information to the elected
officials and administration, collecting annual renewal fee and per-issue fee, and annual
reporting requirement as outlined in the City Code.
• Responsible for yearly Financial Disclosure (State Reporting and City Reporting) .
After carefully evaluating the possibility of transferring the ministerial duties of the Special Master's
office to another City department, we are recommending that the current duties (scheduling
Special Master hearings and providing clerical support to the Office of the Special Master) remain
with the Office of the City Clerk, as the Office of the City Clerk is best suited to provide the
impartial ministerial and clerical support needed by the Office of the Special Master.
The above referenced duties may be performed by the following five (8) full-time employees:
Office of the City Clerk Full-Time
Positions
City Clerk 1
Assistant City Clerk 1
Office Associate V 1
Office Associate IV 1
Administrative Aide I 1
Special Master Full-Time
Positions
Code Violations Clerk 2
rof-fice Associate Ill 1
22
The duties listed below are recommended to be transferred from the Office of the City Clerk:
• Agenda preparation will report to the City Manager's Office, but continue to be housed in the
City Clerk's Office due the collaborative working relationship that is required between the
Agenda Coordinator and the City Clerk.
• The Central Services Division to be reassigned to report to different department. At this time,
we are evaluating which department is best suited to oversee the Central Services Division.
• Two customer service functions (passport processing and 604-CITY) were assigned to the
Customer Service Center in the Finance Department as part of the FY 2012/13 budget
savings initiatives, and is in the process of being transferred.
Said duties may be performed by the following five (5) full-time employees currently in the Office of
the City Clerk:
Central Services
Central Services Coordinator
Central Services Technician I
~nda Preparation
~nda Coordinator
Full-Time
Positions
1
3
Full-Time
Positions
1
The recommended restructuring do not require a Code change, and may be implemented
immediately.
At the Committee of the Whole meeting of November 14, 2012, direction is requested on the
following:
1. The desire, if any, of referring to the Finance and Citywide Projects Committee (FCWPC) an
Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of
The City Of Miami Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and
Establishing Compensation Provisions For The City Clerk; Providing For Repealer,
Severability, Codification, And An Effective Date
2. The desire, if any, to recruit a new City Clerk.
If you have any questions, please do not hesitate to contact City Clerk Rafael E. Granado or me at
305.673.7 411'
T:\AGENDA\2012111-14-12\Memo City Clerk Dulies COW 2.docx
23
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING FLORIDA'S GOVERNOR AND STATE
LEGISLATURE TO AMEND THE FLORIDA ELECTION
CODE SO AS TO REESTABLISH THE DURATION OF
EARLY VOTING TO THE 14 DAYS PRIOR TO AN
ELECTION {INCLUDING THE SUNDAY IMMEDIATELY
PRIOR TO EACH ELECTION) FOR A MINIMUM TOTAL
OF 96 EARLY VOTING HOURS, AS WELL AS URGING
THE PRESIDENT OF THE UNITED STATES, THE
MAJORITY AND MINORITY LEADERS OF THE UNITED
STATES SENATE, AND THE SPEAKER AND MINORITY
LEADER OF THE UNITED STATES HOUSE OF
REPRESENTATIVES TO SUPPORT FEDERAL
LEGISLATION PROVIDING FOR NATIONAL UNIFORMITY
REGARDING EARLY VOTING DAYS AND HOURS
CONSISTING OF A MINIMUM OF 14 DAYS PRIOR TO
ELECTION DATES {INCLUDING THE SUNDAY
IMMEDIATELY PRIOR TO EACH ELECTION).
WHEREAS, in response to the much-publicized problems associated with the
Early Voting process in the November 6, 2012 election, the Mayor and City
Commission of the City of Miami Beach hereby express the following, reflecting their
continued commitment to ensuring each citizen's constitutional right to vote, including
meaningful access to voting, as guaranteed by the Voting Rights Act of 1965 1 , the
National Voter Registration Act of 1993, and the Help America Vote Act of 2002; and
WHEREAS, providing citizens with alternative opportunities to vote, such as
allowing them to vote during an Early Voting period in advance of Election Day,
ensures meaningful access to voting by accommodating an increased number of
potential voters and benefits all, especially individuals with inflexible family,
employment, and life obligations; and
WHEREAS, the 2011 amendments to Florida's Early Voting law have negatively
impacted voter access by limiting opportunities for Early Voting in Florida to a
maximum of 8 days (instead of the preexisting 14 day maximum), and eliminating 2
weekend days including the Sunday before Election Day, a day when high percentages
of minority voters headed to the polls in 2008 2 . Furthermore, rather than providing for
1 Congress has reauthorized the Voting Rights Act of 1965 five times, most recently in
2006, recognizing the need for continued enforcement against State voting practices that
discriminate against or disenfranchise vulnerable citizens.
2 On August 16, 2012, the United States District Court for the District of Columbia
found that minority voters disproportionately rely on early voting, and that minority voters
therefore would be disproportionately affected by the changes in Florida's Early Voting
Agenda Item R ~ H
Date 11-1~ -I? 24
State-wide uniformity with regard to Early Voting hours, the 2011 amendments
authorized each of the 67 County Supervisors of Elections the discretion to determine
for their respective County the number of hours (between 48 and 96) for early voting
sites; and
WHEREAS, voters in Florida, and particularly in Miami-Dade County, seeking to
cast ballots for the November 6, 2012 ballot during the Early Voting period experienced
long lines, characterized by the Miami Herald as "grinding delays" in voting; and
WHEREAS, Miami-Dade County Mayor Carlos Gimenez has called the long
voting lines "inexcusable" and has stated his intention to request Miami-Dade County
Elections Supervisor Penelope Townsley for a detailed report, convene a task force to
examine election-related problems, press Florida Governor Rick Scott and lawmakers
to extend early voting days and sites, as well as seek to double or triple the number of
early voting sites; and
WHEREAS, the Mayor and City Commission further recognize the critical need
for Governor Scott and the State Legislature to enact legislation restoring a State-
wide Early Voting period of 14 days, including the Sunday immediately preceding
Election Day, with a uniform amount of at least 96 hours devoted to Early Voting; and
WHEREAS, in addition to curative legislation on the State level, the Mayor and
City Commission further recognize that in order to ensure all United States citizens
their fundamental rights to vote, the need exists for Federal legislation ensuring
national uniformity regarding Early Voting days and hours consisting of a minimum of
14 days prior to election dates (including the Sunday immediately prior to each
election).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Florida's Governor
and Legislature are hereby urged to amend the Florida Election Code to reestablish the
period of Early Voting to the 14 days prior to an election for a minimum total of 96 hours
(including the Sunday immediately prior to each election); and the President of the
United States, the Majority and Minority leaders of the United States Senate, and the
Speaker and Minority Leader of the United States House of Representatives are further
urged to support Federal legislation providing for national uniformity regarding Early
Voting days and hours consisting of a minimum of 14 days prior to election dates
(including the Sunday immediately prior to each election).
BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Clerk is hereby directed to
procedures and thus would have a negative effect on voters in certain Counties. The Court
continued to hold that Florida would however "likely" satisfy its burden of demonstrating
compliance with Federal voting laws if early voting took place for the maximum 96 hours
authorized by the legislative amendments, and did so on a standard 7 a.m. to 7 p.m.
schedule.
25
transmit a copy of this Resolution to Florida Governor Rick Scott, the Leader of the
Florida House of Representatives and the Leader of the Florida Senate as well as to the
City's Tallahassee lobbyists, and to President Barack Obama, the Majority and Minority
leaders of the United States Senate, the Speaker and Minority Leader of the United
States House of Representatives as well as to the City's Tallahassee and Washington
D. C. lobbyists.
PASSED and ADOPTED this 14th day of November, 2012.
ATTEST:
MAYOR MATTI HERRERA BOWER
CITY CLERK
(Sponsored by Vice Mayor Michael Gongora)
F:\ATTO\TURN\RESOS\early voting 2 weeks.docx
26
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27
REDEVELOPMENT AGENCY ITEM SUMMARY
Condensed Title:
A Resolution approving funding, in an amount not to exceed $250,000, to address the relocation of the kitchen
exhaust venting system installed by the Pennsylvania Avenue Garage Retail Tenant, Penn 17, LLC (d/b/a Cooper
Avenue) (Tenant); with funding available from previously appropriated City Center RDA Capital Fund 365; and
further, authorizing the Interim Executive Director to negotiate terms of an agreement with Penn 17, LLC to proceed
in redesigning, permitting and constructing a kitchen exhaust venting system that discharges away from the service
alley located between the New World Symphony building and the Pennsylvania Avenue Garage.
Key Intended Outcome Supported:
Not Applicable
Supporting Data (Surveys, Environmental Scan, etc.):
Not Applicable
Issue:
Shall the City authorize the reallocation of funds from City Center Fund 365 towards funding the relocation of the
kitchen exhaust system and further authorize the Interim City Manager to negotiate terms of an agreement with
Penn 17, LLC to proceed with the recommended scope?
Item Summary/Recommendation:
On August 17, 2012, the New World Symphony (NWS), expressed major concern over the Tenant's build-out
involving the venting locations of the kitchen exhaust and steam vent from the dishwashers, which both direct into
the service alley between the Garage and NWS; saying that the exhaust has the potential of permeating the NWS
performance hall every time the loading dock doors are opened. On September 10, 2012, the Administration
entered into a Letter Agreement with the Tenant to engage an architectural/engineering firm, at a not-to-exceed
cost to the City of $25,000, to develop conceptual design options and preliminary pricing estimates to modify the
exhaust venting system. On September 21, 2012 the Tenant's Architect, Design 3 Architecture, presented two
options for redirecting the Tenant's exhaust: Option 1 for a price of $59,000, involving the least complex and most
cost effective solution; and Option 2 for a price of $181,000, involving a significantly more complex and potentially
disruptive scope of work. In an effort to find a feasible solution, savings have been identified from the original
construction budget of the Pennsylvania Avenue Garage (RDA fund 365) that can be made available to remedy the
issue. At this time, the Administration requests authority to allocate up to $250,000 to proceed with Option 2 to
address this issue. On October 24, 2012, the City Commission deferred authorizing the Administration to negotiate
an agreement with the Tenant to proceed with the design, permitting and construction of the modifications based
upon either Option 1 or Option 2, and instructed the Administration to consider other options and provide a more
detailed report at the Finance and Citywide Projects Committee (FCWPC) meeting of November 91h. However, the
Administration was unable to obtain and analyze the cost estimates and most feasible remedies within such a short
time frame. Therefore, the FCWPC recommended that the Administration be authorized to negotiate an agreement
with the Tenant to proceed with the design, permitting, and construction of the most feasible remedy, in an amount
not to exceed $250,000, from the identified funding source.
Advisory Board Recommendation:
I Finance & Citywide Projects Committee approved on November 9, 2012.
Financial Information:
Source of Amount Account
RDA '
Funds: City C~ 1 $250 000 Fund 365
Financial Impact·· ummary: Funding is being reallocated from savings realized from the construction of the
Pennsylvania Avenue Garage.
C1ty Clerk's Off1ce Leg1slat1ve Trackmg:
I Anna Parekh, ext. 6471
RDA Coordinator
MP __
T:\Agencla\2012\ 1 0--24-12\Penn Garage Exhaust F~DA Surnm.docx
MIAMI BEACH AGENIDA ITEM ----'/-:-:'-8=----
DA.lE. 11-J~/-/2--28
~ MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
REDEVELOPMENT AGENCY MEMORANDUM
Chairperson and Members of the Miami Beach Redev;lo~nt Agency
Kathie G. Brooks, Interim Executive Directa/A; •
November 14, 2012
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY, APPROVING FUNDING, IN AN AMOUNT NOT TO
EXCEED $250,000, TO ADDRESS THE RELOCATION OF THE KITCHEN EXHAUST
VENTING SYSTEM INSTALLED BY THE PENNSYLVANIA AVENUE GARAGE
RETAIL TENANT, PENN 17, LLC. (d/b/a COOPER AVENUE); WITH FUNDING
AVAILABLE FROM PREVIOUSLY APPROPRIATED CITY CENTER CAPITAL FUND
365; AND FURTHER, AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR AND
PENN 17, LLC TO NEGOTIATE AND, IF SUCCESSFUL, EXECUTE AN AGREEMENT
TO PROCEED WITH THE RE-DESIGN, PERMITTING AND CONSTRUCTING OF
KITCHEN EXHAUST VENTING SYSTEM THAT DISCHARGES AWAY FROM THE
SERVICE ALLEY LOCATED BETWEEN THE NEW WORLD SYMPHONY BUILDING
AND THE PENNSYLVANIA AVENUE GARAGE.
BACKGROUND
On April13, 2011, the Mayor and City Commission passed Resolution No. 2011-27647, approving
a Lease Agreement, as amended on February 8, 2012 and June 6, 2012, respectively (the
Lease), having a term of nine (9) years and 364 days, between the City, the Redevelopment
Agency (RDA) and Penn 17, LLC, for use of approximately 7,655 square feet of ground level retail
space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for
a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop.
The Resolution also approved the execution of a Pre-Lease Due Diligence Review Agreement,
granting the Tenant a maximum of six (6) months following approval of the Lease, in which to
reserve its leasing rights while advancing design and plan development and consulting with the
City's Planning and Building Departments in order to ascertain the feasibility of obtaining a full
building permit prior to actual commencement of the Lease. During the first full year of rent, the
annual Base Rent will be $57 4, 125, plus Common Area Maintenance costs of $98,844 (paid
monthly at $47,843.75 plus $8,237, respectively, for a total of $56,080.75 monthly).
As has been reported on previous occasions, the challenges in converting the Premises for use as
a restaurant proved considerably more complex, time-consuming and substantially more costly
than originally anticipated by the Tenant; particularly related to the engineering and permitting of
the venting for the kitchen exhaust; installing a system of multiple grease traps; the build-out of
the storage room and the design of the structural slab; restoration of the existing structural slab in
the retail space following partial demolition to install the plumbing; and addressing additional flood-
proofing criteria. The Tenant's plans underwent extensive revisions to address comments and
concerns raised by the City's Planning and Building Departments, as well as certain other
regulatory agencies, as part of the permitting review process. Ultimately, the Tenant has invested
more than $5 million to improve the Premises.
29
Pennsylvania Avenue Garage Exhaust Vent Relocation
Redevelopment Agency Memorandum
November 14, 2012
Page 2of 4
On September 24, 2012, the Tenant received a Temporary Certificate of Occupancy (TCO) for its
restaurant, Cooper Avenue.
ANALYSIS
On August 17, 2012, as the build-out of Cooper Avenue was nearing completion, the City was
contacted by the New World Symphony (NWS), which expressed major concerns over the venting
locations of the Tenant's kitchen exhaust and steam vent from the dishwashers, which both direct
into the service alley between the Garage and NWS. The NWS believes the kitchen exhaust could
potentially permeate the performance hall every time the loading dock doors are opened (which
are directly opposite the kitchen exhaust vent). As noted earlier, given the structural and
architectural constraints of the building, identifying a feasible location to run the kitchen exhaust
proved to be among the most challenging of the design issues, involving extensive input from
Planning, Building and other regulatory entities in the final approved plan.
Following an extensive series of meetings with representatives from the NWS and the Tenant's
management and design team to figure out options for mitigating odors emanating from the
exhaust venting, the NWS has instead demanded that the City and Tenant explore design
alternatives for redirecting the kitchen exhaust in its entirety, away from the alley. Although the
discussions centered on the fact that the City could not yet know whether or not there was a
problem, in an abundance of caution the City authorized the tenant to direct his architect to
develop several alternatives to address the NWS concerns.
On September 10, 2012, the City entered into a Letter Agreement with the Tenant pertaining to the
engagement of architectural/engineering services, at a not-to-exceed cost to the City of $25,000, in
order to develop conceptual design options and preliminary pricing estimates to modify the exhaust
venting system for the City's consideration and approval; and further to include services for the
preparation of detailed plans and specifications (including any layouts, architectural, mechanical,
structural, electrical and other plans, drawings and construction documents in sufficient detail to
obtain any and all appropriate regulatory permits), as may be reasonably required by the City's
Building Department in order to process and review Tenant's permit application for such
modification as approved.
Subsequent to the opening of the Cooper Avenue restaurant it has been determined that there is
odor in the alleyway between the garage and concert hall. While it is not known if the odors would
permeate the inside of the performance hall, in order to address a potential negative impact the
Administration suggest that the Commission consider relocating the vents.
On September 21, 2012 the Tenant's Architect, Design 3 Architecture, presented two options for
redirecting the Tenant's exhaust in order of feasibility, complexity and cost as follows:
Option 1-Total Estimated Minimum Cost: $59,000
The most feasible, the least complex and most cost-effective approach provides for maintaining
the existing location of the exhaust fans on the cover slab over the garbage room. This provides for
a stable working platform by which to maintain and service the fans and duct work. The ducting
and exhaust vent leading to the exterior of the building facing the New World Symphony's loading
dock, would be rerouted 90 degrees to the north and discharge directly above the garage entrance
located on 1 yth Street.
30
Pennsylvania Avenue Garage Exhaust Vent Relocation
Redevelopment Agency Memorandum
November 14, 2012
Page 3 of 4
Option 2 -Total Estimated Minimum Cost: $181,000
The most complex and costliest of the solutions and the least feasible, (primarily in terms of the
anticipated operational disruption for the Tenant due to the construction involved), involves the
complete relocation and re-engineering of the exhaust ducting, extending it south and then west to
discharge over the garage exit on Pennsylvania Avenue. This would also require the construction
of an elevated concrete pad over the flood panel storage enclosure, to relocate and support the
exhaust fans needed to drive the exhaust through the ducting.
It should be noted that the New World Symphony views Option 2 as the only choice, as it extends
the exhaust discharge the furthest away from the service alley.
At the City Commission meeting on October 24, 2012, the Administration recommended adopting
a resolution appropriating an amount not to exceed $250,000 to provide the greatest amount of
flexibility to remedy this issue in the most feasible manner. The Administration also recommended
that the City Commission authorize the Interim City Manager to negotiate an agreement with the
Tenant to proceed with the design, permitting and construction of the modifications, based on
either Option 1 or 2.
However, during the October 241h discussion, the City Commission expressed concern in making a
decision based on estimates which were only preliminary in nature and without having the benefit
of truly evaluating the options as presented. The Commission also suggested that more efficient
and/or cost-effective solutions may be available, including the option of carbon filtration, which
should be explored further before coming back with a recommendation. To this end, the
Administration was asked to provide a more detailed report, complete with cost estimates, to be
discussed at the next meeting of the Finance and Citywide Projects Committee (FCWPC).
Accordingly, on October 25th, the Administration verbally asked the Tenant to have its Architect
explore the possibility and cost associated with modifying its exhaust system to incorporate a
carbon filtration system to further mitigate any residual odors venting into the alley. A follow-up
request for the cost estimate was sent via email on October 29th. On November 1st, the tenant
informed the Administration that the Architect's quote on a filter system is being developed. On
November 5th, the Tenant informed us that the quote is anticipated by mid-week.
Staff is also working on conducting a peer review of Options 1 and 2 in order to determine their
respective viability and effectiveness as well as verify and possibly value-engineer the cost
estimates associated with each option. The analysis will also explore other available solutions, if
any, including, but not limited to, options for the New World Symphony to consider, such as the
installation of a commercial air curtain over its loading dock door.
By the November 9, 2012, FCWPC meeting, the Administration was unable to obtain and analyze
the cost estimates and most feasible remedies. Therefore, the FCWPC's recommendation was
that the Administration be authorized to proceed to negotiate an agreement with the Tenant to
proceed with the design, permitting, and construction of the most feasible remedy, in an amount
not to exceed $250,000, from the identified funding source.
RECOMMENDATION
In an effort to mitigate this situation, the Administration has identified savings from the original
construction budget of the Pennsylvania Avenue Garage (RDA Fund 365) that can be made
available to proceed with either Option. Given the fact that cost estimates to undertake the work
31
Pennsylvania Avenue Garage Exhaust Vent Relocation
Redevelopment Agency Memorandum
November 14, 2012
Page 4of 4
are preliminary at best, the Administration recommends appropriating an amount not to exceed
$250,000 to provide the greatest amount of flexibility to remedy this issue in the most feasible
manner. The Administration also recommends that the City Commission authorize the Interim
Executive Director to negotiate an agreement with the Tenant to proceed with the design,
permitting and construction of the modifications, based on either Option 1 or 2.
KGB/" tl.L P/MP/KO~ To\AGE*~12\Peoo Gecr><l""'t Roloootloo RDA Mem.doo
32
RESOLUTION TO BE SUBMITTED
33
MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY
Condensed Title:
A Resolution of the Chairperson and Members of the Miami Beach Redevelopment Agency adopting the First
Amendment to the FY 2011/12 Operating Budgets for the City Center Redevelopment Area, the Anchor Shops and
Parking Garage and the Pennsylvania Avenue Shops and Garage for FY 2011/12.
Key Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating
Supporting Data (Surveys, Environmental Scan, etc.):
One of the City's Key Intended Outcomes is to ensure well designed and well maintained capital projects and
infrastructure. In keeping with this goal, approximately 74 percent of actual expenditures in FY 2011/12 were allocated
towards capital expenditures including new capital projects and renewal, maintenance and replacement of existing RDA
capital infrastructure.
Issue:
Should the RDA Board adopt the proposed first amendment to the FY 2011/12 Operating Budgets for the City Center
Redevelopment Area, the Anchor Shops and Parking Garage, and the Pennsylvania Avenue Shops and Garage for FY
2011/12?
Item Summary/Recommendation:
The Administration has completed a preliminary analysis of revenues and expenses for the fiscal year ended September
30, 2012, for the City Center Redevelopment Area, the Anchor Shops and Parking Garage and the Pennsylvania Avenue
Shops and Parking Garage.
Redevelopment Area (RDA)-With approval of the resolution, the adopted budget will be reduced by $733,958
to reflect decreased revenues and changes to individual expenditure categories in excess of budget.
Anchor Shops and Parking Garage-Overall the adopted budget for Anchor Garage and Shops came in under
budget, however, specific categories are in excess of budget requiring a budget amendment.
Pennsylvania Avenue Shops and Parking Garage-With approval of the resolution, the adopted budget will
be increased by $168,974 to fund Parking Operations Expenditures that exceeded the budget.
This requires an amendment to adjust both the revenue and expenditure budgets as shown in the attached.
Advisory Board Recommendation:
I N.A.
Financial Information:
Source of Amount
Funds: 1 ($733,958)
I nvL-I
2 -
3 $168,974
OBPI
Cit Clerk's Off1ce Le 1Siat1ve Trackm :
RDA
MS
T:\AGENDA\2012\12-14-12\Budget Amendment Summ.doc
MIAMI BEACH
Account
Redevelopment Area (RDA)
Anchor Shops and Parking Garage
Pennsylvania Avenue Shops and Parking Garage
KGB
AGENDA ITEM---'/'--(..;:;;,;_ __
DA.TE U-/lf.-tl-34
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
REDEVELOPMENT AGENCY MEMORANDUM
TO: Chairperson and Members of the Miami Beach Redevelopment Agency
FROM, Kathie Brooks, Interim Executive Director/A£-,
DATE: November 14, 2012
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY ADOPTING AND APPROPRIATING THE FIRST
AMENDMENT TO THE OPERATING BUDGET FOR THE CITY CENTER
REDEVELOPMENT AREA, THE ANCHOR SHOPS AND PARKING GARAGE AND THE
PENNSYLVANIA AVENUE SHOPS AND PARKING GARAGE FOR ITEMS THAT ARE
OVER-BUDGET FOR FISCAL YEAR 2011/12.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Fiscal Year 2011/12 year-end budget to preliminary actual comparisons is provided in the
attached. It is important to note that the Finance Department is still preparing year-end accruals and
adjustments through November 15, 2012, as part of the year-end accrual process. The proposed
budget amendment represents the budget amendment required by state law for departments or
accounts that exceed their appropriated authority.
In past years, the preliminary year-end analysis has been prepared in the early part of the next calendar
year. In an effort to provide this information on a more timely basis, the analysis and recommended
amendments presented herein are therefore still subject to change. However, staff in the Office of
Budget and Performance Improvement and the Finance Departments has worked to identify any major
adjustments that might be needed, particularly in the expenditure area that would impact the required
appropriation authority. We will continue to refine the estimate and present an update once the year-
end close-out process is complete, typically in the March timeframe.
Details of the preliminary estimated year-end expenditures are provided on the attached schedules,
along with an explanation of major variances below.
RDA OPERATING BUDGET
With this amendment, the RDA operating budget will be reduced by $733,958 to reflect decreased
revenues and changes to individual expenditure categories in excess of budget.
35
November 8, 2012
Redevelopment Agency Memorandum
First Amendment to the FY 2011112 Operating Budget for City Center Redevelopment Area, the Anchor Shops and
Parking Garage and the Pennsylvania Avenue Shops and Garage for FY 2011112
Page 2 of3
Operating Budget-Revenues The budgeted revenues in the RDA will be reduced by $733,958 to
better reflect preliminary actual revenues. This is partially due to an increase in the County's
adjustment for the finalization of the prior year's tax roll, resulting in a $534,347 decrease in actual TIF
revenues compared to budget. The Budget also reflected a transfer of funds from Capital Renewal and
Replacement totaling $1,370,981, to fund certain capital renewal and replacement projects scheduled
in FY 2011/12. It was subsequently determined that only $971,659 was available from the City Center
Renewal and Replacement Account. Interest revenue also came in below budget by $170,722. The
shortfall was partially offset by a $371 ,354 increase in contributions from the Resort Tax fund, which is
based on 50% of the 1% Resort Tax revenues collected.
Operating Budget -Expenditures Based on preliminary year-end operating results and barring
further final journal entries and adjustments, the total admin/operating expenditures for FY 2011/12 are
estimated at $36,445,345, or $195,938 below the amended budget as shown on the attached
schedule. However, individual categories for debt service, audit fees, and management salaries and
benefits were slightly in excess of budget. Further, an additional $217,190 had to be transferred to the
Pennsylvania Avenue Shops and Parking Garage Fund to offset operating losses described further
below.
ANCHOR SHOPS AND PARKING GARAGE
Overall the adopted budget for Anchor Shops and Parking Garage came in under budget primarily due
to unspent reserves for capital repairs and projects in both Parking and Retail Operations, however,
specific categories are in excess of budget requiring a budget amendment.
Revenues at the Anchor Shops and Parking Garage in FY 2011/12 are estimated to be $104,721
greater than budgeted revenues, offset by increased expenditures. Garage Revenues are in excess of
budget by approximately $230,000, more than sufficient to offset the approximately $100,000 increase
in Parking Operations expenditures and $30,000 increase in revenue-sharing obligations to the Loews.
Retail revenues came in $101,647 below forecast due to a prolonged, year-long vacancy, which has
recently leased. However, the additional overall revenue is more than sufficient to cover the Retail
Leasing Property Management Fee -$24,879, which includes the amortization of brokerage fees not
included in the adopted budget. In addition, Interest revenues were approximately $23,000 below
budget.
PENNSYLVANIA AVENUE SHOPS AND GARAGE
Overall the adopted budget for Pennsylvania Avenue Shops and Garage came in over budget primarily
due to funding for future renewal and replacement which is recommended based on prior year
depreciation levels.
Revenues at the Pennsylvania Shops and Garage in FY 2011/12 are estimated to be $168,974 greater
than budgeted revenues, offset by increased expenditures. Revenues at the recently opened
Pennsylvania Avenue Garage are $97,350 more than budgeted; however, retail revenues are $145,640
below budget. This was due to the adoption of certain amendments to the Tenant's Lease, which
adjusted and temporarily deferred three-months' lease payments to assist the Tenant in offsetting its
build-out and start-up costs. The revenues reflect an additional transfer of $217,190, as explained
above to offset the increased expenditures.
36
NovemberS, 2012
Redevelopment Agency Memorandum
First Amendment to the FY 2011112 Operating Budget for City Center Redevelopment Area, the Anchor Shops and
Parking Garage and the Pennsylvania Avenue Shops and Garage for FY 2011112
Page 3 of3
In consideration of the fact that the Pennsylvania Avenue Shops and Garage was built by the RDA on
City-owned property, the operation of the facility has been structured in the form of a ground lease
between the City and the RDA, providing terms for both the garage and retail operations. Expenditures
for the garage include ground lease rent payments, an administrative fee (consistent with that of the
Anchor Garage) and the Parking Department's operational fee. In total, the garage and retail
expenditure budgets were exceeded by $168,974. Total expenditures for the garage operations
exceeded budget by $202,271, due to the funding for future renewal and replacement, which was not
included in the FY 2011/12 adopted budget. Operating expenses for the retail area came in $33,297
under budget.
CONCLUSION
In order to address the existing and future obligations in the Redevelopment Area, it is recommended
that the Redevelopment Agency adopt the attached Resolution, which amends the FY 2011/12
budgets for the City Center Redevelopment Area, the Anchor Shops and Parking Garage and the
Pennsylvania Avenue Shops and Garage.
KGB/MS/MPNKIGD/KOB
Attachment
T:/Agenda/2012/11-12-12/RDA First Amendment 2011_12 Memo.doc
37
Miami Beach Redevelopment Agency
FY 2011/12 Budget to Year End Actuals
FY 2011/12 FY 2011112
FY 2011/12 Adjustment FY 2011/12 Preliminary
Budget 11/14/2012 Amended Budget Year-End Actuals
Revenues and Other Sources of Income
Tax Increment-City $ 18,337,693 $ $ 18,337,693 $ 18,337,693
Proj Adjustment to City Increment (1 ,326,883) (429,574) (1 ,756,457) (1 ,756,457)
Tax Increment-County 14,291,236 14,291,236 14,291,236
Proj Adjustment to County Increment (1 ,262,384) (1 04,773) (1,367,157) (1 ,367, 157)
50% Contribution from Resort Tax 4,298,477 371,354 4,669,831 4,669,831
1/2 Mill Children's Trust Contribution 1,487,121 (6,117) 1,481,004 1,481,004
Interest Income 179,000 (170,722) 8,278 8,278
Fund Balance Renewal and Replacement 1,370,981 (399,322) 971,659 971,659
Other Income/Adjustments: 5,196 5,196 5,196
TOTAL REVENUES $ 37,375,241 $ (733,958) $ 36,641,283 $ 36,641,283
Admin/Operating Expenses
Management fee (salaries & benefits) $ 1,010,901 $ 1,589 $ 1,012,490 $ 1,012,490
Postage, printing & mailing 4,123 4,123
Office supplies & equipment 3,810 3,810 1,207
Meetings & conferences 1,351 1,351
Dues & subscriptions 1,260 1,260 795
Audit fees 9,000 11,260 20,260 20,260
Professional & related fees 251,000 (50,000) 201,000 175,373
Repairs and Maintenance 84,857 (50,000) 34,857 31,489
Miscellaneous expenses 105,998 (50,000) 55,998 44,164
Total Admin/Operating Expenses $ 1,472,300 $ (137,151) $ 1,335,149 $ 1,285,778
Project Expenses
Community Policing $ 3,413,695 $ $ 3,413,695 $ 3,411,726
Capital Projects Maintenance:
Greenspace 622,896 (74,417) 548,479 506,242
Sanitation 2,661,686 (50,000) 2,611,686 2,560,468
Property Management 1,061,006 1,061,006 1,030,973
Transfer to Penn Garage Parking 48,801 217,190 265,991 265,991
Transfer to Penn Garage Retail 347,112 347,112 347,112
Transfer to Capital/Renewal and Replacement 13,541,301 13,541,301 13,541,301
Total Project Expenses $ 21 ,696,497 $ 92,773 $ 21,789,270 $ 21,663,813
Reserve and Debt Service Obligations
Debt Service Cost -2005 + Parity Bonds $ 8,393,816 $ 120,420 $ 8,514,236 $ 8,514,236
Current Debt Service -Lincoln Rd Project 1,103,366 1,103,366 1 '1 03,366
Current Debt Service -Bass Museum 502,746 502,746 502,746
Reserve for County Admin Fee 195,433 195,433 193,861
Reserve for CMB Contribution 255,162 255,162 248,718
Reserve for Children's Trust Contribution 1 ,487,121 1 ,487,121 1,481,004
Reserve for Collins Park Parking Garage 2,268,800 (810,000) 1,458,800 1,451,823
Repayment-Prior Yr Fund Balance
Total Reserve and Debt Service $14,206,444 $ (689,580) $ 13,516,864 $ 13,495,754
TOTAL EXPENSES AND OBLIGATIONS $ 37,375,241 $ (733,958) $ 36,641,283 $ 36,445,345
REVENUES-EXPENSES $ 0 $ $ 0 $ 195,938
38
FY 2011/12 Anchor Shops and Parking Garage (16th Street Parking Garage)
FY 2011/12
FY 2011/12 Adjustment FY 2011/12 FY 2011/12
Revenues: Budget 11/14/2012 Amended Budget Year-End Actuals
Parking Operations $ 2,885,000 $ 2,885,000 $ 3,114,778
Retail Leasing 714,150 714,150 612,503
Interest Pooled Cash 27,433 27,433 4,023
TOTAL REVENUES $ 3,626,583 $ $ 3,626,583 $ 3,731,304
Operating Expenses:
Parking Operations $ 1,773,125 $ 101,648 $ 1,874,773 $ 1,874,773
Garage Use Fee (To Loews) 408,800 31,442 440,242 440,242
Retail Leasing Property Management Fee 62,720 24,879 87,599 87,599
Retail Internal Service Charges 41,129 41 '129 41,129
Management Fee to General Fund 206,221 206,221 196,740
Reserve for Future Capital -Parking Operations 520,435 (1 00,000) 420,435
Reserve for Future Capital -Retail Operations 614,153 (57,969) 556,184
TOTAL EXPENSES $ 3,626,583 $ $ 3,626,583 $ 2,640,483
REVENUES-EXPENSES $ $ $ $ 1,090,821
FY 2011/12 Pennsylvania Ave Shops and Garage Operating
FY 2011/12
FY 2011/12 Adjustment FY 2011/12 FY 2011112
Revenues: Budget 11/14/2012 Amended Budget Year-End Actuals
Parking Operations $ 521,400 $ 97,350 $ 618,750 $ 618,750
Retail Leasing 292,763 (145,640) 147,123 147,123
Parking Transfer from RDA Operations 48,801 217,190 265,991 265,991
Retail Transfer from RDA Operations 347,112 347,112 347,112
Interest Pooled Cash 74 74 74
TOTAL REVENUES $ 1,210,076 $ 168,974 $ 1,379,050 $ 1,379,050
Operating Expenses:
Parking Operations Expenditures $ 453,678 $ 202,271 $ 655,949 $ 655,949
Parking Base Fee 45,368 45,368 45,368
Garage Ground Lease 23,552 23,552 23,552
Garage Management Fee 47,604 47,604 47,604
Retail Ground Lease 276,448 276,448 276,448
Contingency 10,000 (1 0,000)
Leasing Commissions 326,697 (23,297) 303,400 303,400
Retail Management Fee 26,729 26,729 26,729
TOTAL EXPENSES $ 1,210,076 $ 168,974 $ 1,379,050 $ 1,379,050
REVENUES-EXPENSES $ $ $ $
39
RESOLUTION TO BE SUBMITTED
40
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