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2014-28853 Reso RESOLUTION NO. 201428853 A RESOLUTION OF THE MAYOR AND CITY COMMISSION ACCEPTING THE FOLLOWING RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE WITH REGARD TO THE COLLECTION OF OUTSTANDING FEE IN LIEU OF PARKING (PIF) ACCOUNTS AND AUTHORIZING THE CITY ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO TAKE ANY AND ALL SUCH ACTION AS REQUIRED, INCLUDING INVOICING AND SENDING OUT NOTICES OF PAYMENT FOR PIF ACCOUNTS FOR FISCAL YEARS 2010 THROUGH 2015; WHERE APPROPRIATE, ENTERING INTO SETTLEMENT NEGOTIATIONS FOR PAYMENTS OF PIF ACCOUNTS, SUBJECT TO FINAL APPROVAL OF ANY PROPOSED SETTLEMENT(S) BY THE CITY COMMISSION; AND, WHERE UNABLE TO COLLECT PAYMENT AND/OR NEGOTIATE AN APPROVED SETTLEMENT, FURTHER AUTHORIZING THE CITY ATTORNEY'S OFFICE TO INSTITUTE THE FILING OF A LAWSUIT TO COLLECT THE DEBT, AND AUTHORIZING THE ADMINISTRATION TO TAKE ANY APPROPRIATE ACCOMPANYING ACTION(S) INCLUDING, WITHOUT LIMITATION, THE REVOCATION OF A DELINQUENT ACCOUNT'S CERTIFICATE OF OCCUPANCY, CERTIFICATE OF USE OR BUSINESS TAX RECEIPT. WHEREAS, at the beginning of 2014, the Planning Department initiated an on- going internal review of all Planning processes and procedures commencing with the Fee in Lieu Parking (PIF) program; and WHEREAS, the review included a pool of approximately 180 PIF accounts managed by the department and, during the review of the selected accounts, staff observed irregularities ranging from minor to material deficiencies in the management of the program which were outlined in the report submitted to the City Commission on September 17th, 2014; and WHEREAS, during the November 12, 2014 Finance and Citywide Projects Committee meeting, the Administration recommended that the Committee provide administration with appropriate policy direction; and WHEREAS, the Finance and Citywide Projects Committee provided direction to the City Manager, Administration and the City Attorney, as reflected below. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission accepting the following recommendations of the Finance and Citywide Projects Committee with regard to the collection of outstanding Fee in Lieu of Parking (PIF) accounts and authorizing the City Administration and City Attorney's Office to take any and all such action as required, including invoicing and sending out notices of payment for PIF accounts for fiscal years 2010 through 2015; where appropriate, entering into settlement negotiations for payments of PIF accounts, subject to final approval of any proposed settlement(s) by the City Commission; and, where unable to collect payment and/or negotiate an approved settlement, further authorizing the City Attorney's Office to institute the filing of a lawsuit to collect the debt, and authorizing the administration to take any appropriate accompanying action(s) including, without limitation, the revocation of a delinquent account's certificate of occupancy, certificate of use or business tax receipt. PASSED AND ADOPTED this day of no Vf �er , 2014. J. ATTEST: . B Philip Levi e" o Rafael . Granado, City INCORiP ORATED: APPROVED AS TO FORM&LANGUAGE &FO EXECUTION ( 3( City Attorney Date Q 1915 x.2015 c5 k OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member of the City ommission FROM: Jimmy Morales, City Manager DATE: November 19, 2014 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION ACCEPTING THE FOLLOWING RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE WITH REGARD TO THE COLLECTION OF OUTSTANDING FEE IN LIEU OF PARKING (PIF)ACCOUNTS AND AUTHORIZING THE CITY ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO TAKE ANY AND ALL SUCH ACTION AS REQUIRED, INCLUDING INVOICING AND SENDING OUT NOTICES OF PAYMENT FOR PIF ACCOUNTS FOR FISCAL YEARS 2010 THROUGH 2015; WHERE APPROPRIATE, ENTERING INTO SETTLEMENT NEGOTIATIONS FOR PAYMENTS OF PIF ACCOUNTS, SUBJECT TO FINAL APPROVAL OF ANY PROPOSED SETTLEMENT(S) BY THE CITY COMMISSION; AND, WHERE UNABLE TO COLLECT PAYMENT AND/OR NEGOTIATE AN APPROVED SETTLEMENT, FURTHER AUTHORIZING THE CITY ATTORNEY'S OFFICE TO INSTITUTE THE FILING OF A LAWSUIT TO COLLECT THE DEBT,AND AUTHORIZING THE ADMINISTRATION TO TAKE ANY APPROPRIATE ACCOMPANYING ACTION(S) INCLUDING, WITHOUT LIMITATION, THE REVOCATION OF A DELINQUENT ACCOUNT'S CERTIFICATE OF OCCUPANCY, CERTIFICATE OF USE OR BUSINESS TAX RECEIPT. Background: During the November 12, 2014 meeting of the Finance and Citywide Projects Committee, the Committee recommended that the City Manager, Administration and the City Attorney take certain actions relating to collection of outstanding Fee in Lieu of Parking (PIF) accounts. The Finance Committee recommended authorizing the City Administration and the City Attorney's office to take all action required to send out invoices for Fiscal Years 2010 through 2015; attempt to settle claims, with City Commission Approval; and to file suit as may be needed. Recommendation: Accept the recommendation of the Finance and Citywide Projects Committee. Agenda Item Date