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2002-24923 Reso RESOLUTION NO. 2002-24923; A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REGARDING THE APPROPRIATION OF $600,000 IN FISCAL YEAR 2001-02 CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDS, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS FOLLOWS: 1) RATIFYING A PREVIOUS CITY APPROPRIATION OF $300,000 OF THESE FUNDS, UNDER RESOLUTION NO. 2001-24586, FOR THE FY 2001-02 ELECTROWAVE OPERATING BUDGET; AND 2) APPROPRIATING THE REMAINING $300,000 FOR THE FY 2002-03 ELECTROWAVE OPERATING BUDGET; FURTHER STATING THAT THE REQUIRED TWENTY PERCENT LOCAL CASH MATCH WILL BE PROVIDED AS FOLLOWS: 1) IN FY 2001-02, BY THE MIAMI BEACH CONTRIBUTION ALREADY APPROPRIATED UNDER RESOLUTION NO. 2001-24586; AND 2) IN FY 2002-03, SUBJECT TO FINAL APPROVAL BY THE CITY COMMISSION IN SEPTEMBER 2002, AS PART OF THE CITY'S APPROVAL OF THE FY 2002-03 ELECTROWAVE OPERATING BUDGET. WHEREAS, for the last two fiscal years, the Miami Beach Electrowave Shuttle Service has been allocated federal Congestion Mitigation and Air Quality (CMAQ) funds, via the Florida Department of Transportation (FDOT) Work Program process; and WHEREAS, the Fiscal Year 2001-02 FDOT Work Program allocated $600,000 in CMAQ funds for Electrowave operating purposes, under FM # 253515-1-84-01; and WHEREAS, Resolution No. 2001-24586, dated September 21,2001, adopted the FY 2001-02 Electrowave Operating Budget, in the amount of $2,153,936; and appropriated, among other funding sources, $300,000 of the above-mentioned CMAQ funds as well as a City contribution in the amount of $1 ,283,936, utilizing Parking Enterprise Retained Eamings; and WHEREAS, CMAQ funds are administrated by the Federal Transit Administration (FT A); and WHEREAS, to date, Miami-Dade Transit (MDT) has been the only "designated recipient" of CMAQ funds in the entire County; has acted as coordinator/pass-through of CMAQ funds specifically allocated for the Electrowave; and has conducted the federally- required public hearing on the funds and their intended uses; and WHEREAS, MDT has declined to continu~ their coordinator/pass through role, on the City's behalf; and, consequently, the City is in the process of becoming a "designated recipient" of CMAQ funds, independent of MDT; and WHEREAS, an advertised public hearing regarding the proposed $600,000 in CMAQ funds was held on this date. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, regarding the appropriation of $600,000 in Fiscal Year 2001-02 Congestion Mitigation and Air Quality (CMAQ) funds, following a duly noticed public hearing, hereby 1) ratify a previous City appropriation of $300,000 of these funds, under Resolution No. 2001-24586, for the FY 2001- 02 Electrowave Operating Budget; and 2) appropriate the remaining $300,000 for the FY 2002-03 Electrowave Operating Budget; further stating that the required twenty percent local cash match will be provided as follows: 1) in FY 2001-02, by the Miami Beach contribution already appropriated under Resolution No. 2001-24586; and 2) in FY 2002-03, subject to final approval by the City Commission in September 2002, as part of the City's approval of the FY 2002-03 Electrowave Operating Budget. PASSED AND APPROVED this the 10th day of July ,2002. ATTEST: ~~ f(M;~ CITY CLERK APPROVED AS TO FORM I. LANGUAGE & FORDECUTION ..:\.., 1- ~L.. l5ate \\CH2\VOL 1IWORK\$TRAIAMELlAIFTAIFTACMAQ$600.memo.doc MB The Herald THURSDAY, JUNE 27,2002 18 ---..... CITY OF MIAMI BEACH ro NOTICE OF A PUBLIC HEARING ~ NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 10, 2002 at 11 :00 a.m., to hear public comment regarding the appropriation of $600,000 in Congestion Mitigation and Air Quality (CMAQ) Funds, as required by 49 U.S. Code Chapter 53; these funds were allocated in Fiscal Year 2001- 02 for operating purposes of the Electrowave Shuttle Service; the City proposes to utilize $300,000 of these funds retroactively in 2001-02, and the $300,000 balance in 2002-03; the required twenty percent local match being amply provided by the City contribution to the annual Electrowave Operating Budget. INQUIRIES may be directed to the Transportation Concurrency Division at (305) 673-7514. ALL INTERESTED PARTIES are invited to appear at this hearing, be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat.. the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ThiS notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Amertcans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceedin9. Telephone (305) 673-7411 for assistance; n hearing impaired, telephone the Flortda Relay Service numbers, (800) 955-8771 (TOO) or (800) 955-8770 (VOICE), for assistance. . Ad #0113 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ ~ Condensed Title: Public Hearing A RESOLUTION REGARDING THE APPROPRIATION OF $600,000 IN FY 2001-02 CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDS, FOLLOWING A PUBLIC HEARING, AS FOLLOWS: RATIFYING A $300,000 APPROPRIATION IN FY 2001-02, UNDER RESOLUTION NO. 2001-24586, AND APPROPRIATING THE REMAINING $300,000 IN FY 2002-03 FOR OPERATING PURPOSES OF THE ELECTROWAVE SHUTTLE SERVICE. Issue: Shall the City appropriate $600,000 in CMAQ operating funds for the Electrowave? Item Summary/Recommendation: The City is in the process of becoming a "designated recipient" of Federal Transit Administration (FTA) funds, independent of Miami-Dade Transit. As a result, the City will deal directly with FT A regarding the federal CMAQ funds. $600,000 in CMAQ funds were allocated in FY 2001-02 for operating purposes of the Electrowave Shuttle Service. Consequently, the :ity is required (by 49 U.S. Code Section 53), to hold a public hearing on the City's intended use of these funds, which are administered by FTA. The City proposes to utilize these funds as follow: 1) $300,000 to retroactively provide for a portion of the operating expenditures covered by the FY 2001-02 Electrowave Operating Budget, which was approved/appropriated by Resolution No. 2001-24586 dated 09/21/01; and 2) appropriating the remaining $300,000 as part of an upcoming FY 2002-03 operating budget. The required 20% local cash match would be amply provided as follows: in FY 2001-02 by the already approved City contribution to the on-going Electrowave Operating Budget, utilizing Parking Enterprise Retained Earnings; and in FY 2002-03, subject to final approval by the City Commission as part of the upcoming Electrowave Operating Budget. Advisory Board Recommendation: IN/A Financial Information: Amount to be expended: Source of Funds: Finance Dept. 480.0461.000312 Resos.No. 2001-24623 and 2001-24586. FY 2001-02 Electrowave Operating Budget To be approved in 09/02 as part of the FY 2002-03 Electrowave 0 eratin Bud et F:\WORK\$TRAIAMELlA\FT A\CMAQ$600.000CIS.doc AGENDA ITEM DATE !A7e 7-(0-0;;'" CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 www.cLmiami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: July 10, 2002 Jorge M. Gonzalez City Manager )~ Public Hearina A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REGARDING THE APPROPRIATION OF $600,000 IN FISCAL YEAR 2001-02 CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDS, AS FOLLOWS; 1) RATIFYING A PREVIOUS CITY APPROPRIATION OF $300,000 OF THESE FUNDS, UNDER RESOLUTION NO. 2001-24586, FOR THE FY 2001-02 ELECTROWAVE OPERATING BUDGET; AND 2) APPROPRIATING THE REMAINING $300,000 FOR THE FY 2002-03 ELECTROWAVE OPERATING BUDGET; FURTHER STATING THAT THE REQUIRED TWENTY PERCENT LOCAL CASH MATCH WILL BE PROVIDED AS FOLLOWS: 1) IN FY 2001-02, BY THE MIAMI BEACH CONTRIBUTION ALREADY APPROPRIATED UNDER RESOLUTION NO. 2001-24586; AND 2) IN FY 2002-03, SUBJECT TO FINAL APPROVAL BY THE CITY COMMISSION IN SEPTEMBER 2002, AS PART OF THE CITY'S APPROVAL OF THE FY 2002-03 ELECTROWAVE OPERATING BUDGET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS As the only "designated recipient" of Federal Transit Administration (FTA) funds in Miami- Dade County, the Miami-Dade Transit (MDT) has acted as coordinator/pass-through of both FTA and Congestion Mitigation Air Quality (CMAQ) funds allocated to the Miami Beach Electrowave Shuttle Service. Therefore, until recently, MDT has conducted the public hearings on both funds, as required by 49 U.S.C., Chapter 53. In FY 2001-02, when $600,000 in CMAQ funds were allocated for operatina purposes of the Electrowave, the City was informed of MDT's intention to quit the coordinator/pass through role, on the City's behalf. Consequently, the City is in the process of becoming a "designated recipient" of FTA and CMAQ funds, independent of MDT. CMAQ funds are administered by FT A, with the Florida Department of Transportation's (FDOT) Work Program process acting as the clearinghouse for the funds. Once CMAQ funds are allocated for the Electrowave, the following FTA guidelines become applicable to the City: July 10, 2002 Commission Memorandum Public Hearing/CMAQ Funds for Electrowave Page 2 1. FDOT designates a "financial number" for each individual CMAQ fund allocation, this particular $600,000 in FY 2001-02 funds being FM #253515-1-84-01. 2. The City identifies the required 20% local cash match to the CMAQ funds. This local match is amply provided for in the an-nual Electrowave operating budget, which normally includes over $1 million in Miami Beach Parking Enterprise Retained Earnings. 3. The City holds a properly advertised public hearing on the CMAQ funds and their proposed uses, and appropriates the funds for operating purposes of the Electrowave Shuttle Service. In this particular case, the Administration proposes to utilize the $600,000 in FY 2001-02 CMAQ funds as follows: o $300,000 as part of the present FY 2001-02 Electrowave Operating Budget. In fact, Resolution No. 2001-24586, dated September 21, 2001, already included this $300,000 and the City's 20% matching funds for the above-mentioned purpose; and o $300,000 as part of the upcoming FY 2002-03 Electrowave Operating Budget, which will be submitted for Commission consideration/adoption in September 2002. 4. The City files the application/appropriation packet electronicallv with the FT A Regional Office in Atlanta, Georgia. The City submission is prepared by the Miami Beach Transportation Management Association (MBTMA), then reviewed and signed electronically by designated City officials (Director of Public Works and City Attorney). 5. FTA Regional Office reviews the paperwork, attaches a number to the funding application (CMAQ grant number), and submits it to the next level of approval. 6. FTA Central/Washington D.C. reviews/approves the Regional Office recommendation. 7. U.S. Department of Labor reviews for compliance with labor laws. 8. FT A "obligates" the CMAQ funds for operating purposes of the Electrowave. Once FT A obligates the funds they are secured for the intended purpose. 9. City (MBTMA) pays the vendor invoices, utilizing City funds advanced for the purpose. 10. MBTMA prepares packet and City submits invoices/request for reimbursement to the FTA Regional Office. 11. FT A reimburses the City for the operating expenditures covered by CMAQ funds. In order for the City to be reimbursed, retroactively, for the $300,000 in FY 2001-02 Electrowave operating expenditures covered by these CMAQ funds; and to utilize the $300,000 fund balance in FY 2002-03, the Administration recommends approval.9.1 the Resolution. Ii5 JG/RM/FB/JJ/ AJ RESOLUTION NO. 2001-24586 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, 'FLORIDA, ADOPTING THE FISCAL YEAR 2001-02 OPERATING BUDGET FOR THE ELECTROWAVE SHUTTLE SERVICE, IN THE AMOUNT OF $2,153,936; AND APPROPRIATING A FUNDING PACKET WHICH INCLUDES $1,283,936 IN MIAMI BEACH PARKING ENTERPRISE RETAINED EARNINGS; $300,000 IN CONGESTION MITIGATION AND AIR QUALITY FUNDS FOR THE COLLINS ROUTE; $150,000 IN FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FUNDS/COLLINS ROUTE; $100,000 IN FDOT FUNDS/WASHINGTON ROUTE; $150,000 IN CONCURRENCY MITIGATION FUNDS-SOUTH BEACH; $150,000 IN PROJECTED FARE COLLECTION REVENUES; AND $20,000 IN PROJECTED ON.BOARD ADVERTISING REVENUES. WHEREAS, the Electrowave Shuttle Service to South Beach has been in operation since January 1998, and has carried over 3.5 million passengers to date; and WHEREAS, the Fiscal Year 2001-02 Operating Budget is proposed at $2,153,936 (the Budget); and WHEREAS, the City is being asked to contribute $1,283,936 in FY 2000-01 Miami Beach Parking Enterprise Retained Earnings, or 59.6% of the total Budget; and WHEREAS, the additional 40.4% will come from $300,000 in Congestion Mitigation and Air Quality funds for the Collins Route; $150,000 in Florida Department of Transportation (FOOT) for the Collins Route; $100,000 in FOOT funds for the Washington Route; $150,000 in Concurrency Mitigation funds; $150,000 in projected fare collection revenues; and $20,000 in projected on-board advertising revenues; and WHEREAS, the proposed Budget is higher than last year's due to the Federal Transit Administration (FTA) requirement that shuttle drivers be unionized; the proposed hiring of an outside agency, Electric Transit Vehicle Institute (ETVI) to maintain the shuttle fleet; and the proposed hiring of an additional employee for the Miami Beach Transportation Management Association (MBTMA); and WHEREAS, under the proposed Budget, MBTMA will be fully responsible and accountable for the entire Electrowave Shuttle Project; and WHEREAS, the above mentioned funds need to be appropriated for the proposed Budget purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt a Fiscal Year 2001-02 Operating Budget for the Electrowave Shuttle Service, in the amount of $2,153,936; and appropriating a funding packet which includes $1,283,936 in FY 2000-01 Parking Enterprise Retained Earnings; $300,000 in Congestion Mitigation and Air Quality funds for the Collins Route; $150,000 in Florida Department of Transportation (FOOT) funds/Collins Route; $100,000 in FDOT funds/Washington Route; $150,000 in Concurrency Mitigation funds-South Beach; $150,000 in projected fare collection revenues; and $20,000 in projected on-board advertising revenues. PASSED AND APPROVED this the 21st day of September .2001. MAYOR 1l/J) ATTEST: ~r Jk(J.,JA. CITY CLERK APPROVED AS TO FORM l LANGUAGE lFOR EXEOUt1ON ~~~ ~ \\CH2\VOL 1\WOAK\$TRA\AMEUA\ELECTWVE\EWBdgt02.memo.doc