2008-26770 ResoRESOLUTION NO. zoos-zb~7o
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE
TO PROCEED WITH THE CREATION OF SPECIAL
ASSESSMENT DISTRICTS, PURSUANT TO THE
REQUIREMENTS PROVIDED IN CHAPTER 170, FLORIDA
STATUTES, FOR THE PURPOSE OF FUNDING THE
RELOCATION OF OVERHEAD UTILITY LINES
UNDERGROUND, ON SAN MARINO ISLAND AND DILIDO
ISLAND, RESPECTIVELY, PURSUANT TO THE WRITTEN
REQUEST (PETITIONS) OF THE PROPERTY OWNERS OF
THOSE ISLANDS; AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO MAKE ALL
NECESSARY PREPARATIONS TO IMPLEMENT THIS
INTENT.
WHEREAS, in certain areas of the City, utility lines for services such as telephone,
electricity and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the
relocation of overhead utility lines underground; and
WHEREAS, the City recognizes that such relocations are generally considered an
improvement, which are unique to these certain neighborhoods; and
WHEREAS, the City supports neighborhood initiatives to relocate utilities
underground, but cannot provide direct funding or resources to any such individual effort
not enjoyed or pursued by the City as a whole; and
WHEREAS, the City recognizes its unique ability to assist with said initiatives and to
provide a collection mechanism, such as those used with special assessment districts
created pursuant to Chapter 170, Florida Statutes, at the request of individual
neighborhoods; and
WHEREAS, the City has received such requests from respectively, San Marino
Island and Dilido Island, in the form of petitions, to consider the establishment of these
special districts, to provide financing for the relocation of overhead utilities underground;
and
WHEREAS, at its regular meeting, on February 13, 2008, the Mayor and City
Commission accepted the aforestated petitions.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby authorize the Administration and City Attorney's Office to proceed with
the creation of special assessment districts, pursuant to the provisions provided in Chapter
170, Florida Statutes, for the purpose of funding the relocation of the overhead utility lines
underground on San Marino and Dilido Islands, respectively, pursuant to the written
request (petitions) of the property owners of those islands; and authorize the City Manager,
or his designee, to make all necessary preparations to implement this intent.
PASSED AND ADOPTED this 13th day of February, 2008.
MAYOR /
ATTEST: Matti H. Bower
~~~,1.~~
CITY CLERK
Robert Parcher
T:WGENDA\2008\February 13\Regular\venetian underground petition reso.doc
APPROVED AS TO
FORM & LANGUAGH
& FOR EXECUTION
~~ ~~/q ~~
~- t or 9
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution expressing the intent of the City Commission to establish a special assessment district on
San Marino and Dilido Islands for the purpose of funding a project to relocate overhead utility lines
underground.
Ke Intended Outcome Su orted:
Increase satisfaction with neighborhood character; quality of life; Ensure well maintained
infrastructure
Su ortin Data Surve s, Environmental Scan, etc
Issue:
Shall the City Commission express its intent to establish a special assessment district and find that
sufficient community support exists for the project?
Item Summary/Recommendation:
Several of the City neighborhoods have expressed a desire to pursue the conversion of existing above
ground utility lines (electric, phone and cable N) to underground. In response to the interest expressed,
the City created procedural and policy guidelines in 2001 to provide direction for the process. These
guidelines were recently reviewed and revised to reflect changes in Public Service regulations that affected
the respective roles and responsibilities of the City and the largest utility, FPI.
The first step is a petition process which provided a written expression of the interest of a neighborhood to
pursue an underground project. By previous City Commission policy, the petition serves to define the level
of project support and further makes the area residents aware that the project will be funded by a special
assessment.
To date, the City Commission has expressed a preference that 70-80% of affected residents express
support for an underground project in order to receive the City approval to proceed. The City has received
a petition from the Venetian Islands, Dilido and San Marino, asking for City permission to proceed with the
next steps towards the development of an underground project. As the petition indicates, the current level
of support for the project is 60%.
If the City Commission believes that circumstances, as presented by the resident petitioners, are adequate
to indicate that the project can be successful, approving the Resolution will complete the required first step
in the project process.
An option which is also available to the City Commission is to defer formal action on the matter for a set
time (for example 60 days) to allow the neighborhood to collect more signatures in support of the project.
Some delay at this point in the Venetian Islands request would not negatively impact the overall time for
project completion.
I City Commission direction as to the preferred option is requested.
Financial Information:
Source of Amounf' Account
Funds: 1 NA
OBPI Total'
Financial Impact Summary:
The proposed Resolution is not expected to have any fiscal impact upon the resources of the City as the
s ecial assessment district funds all ro'ect ex enses
City Clerk's Office
Robert Middaugh
/t J~ ~~A !I ~ ~~ AGENDAt7EM ~~
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.mi°mibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: February 13, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, AUTHORIZING THE ADMINISTRATION AND CITY
ATTORNEY'S OFFICE TO PROCEED WITH THE CREATION OF SPECIAL
ASSESSMENT DISTRICTS, PURSUANTTO THE PROVISIONS PROVIDED IN
CHAPTER 170, FLORIDASTATUTES, FOR THE PURPOSE OF FUNDING THE
RELOCATION OF OVERHEAD UTILITY LINES UNDERGROUND ON SAN
MARINO AND DILIDO ISLANDS, PURSUANTTO THE WRITTTEN REQUEST
OF THE PROPERTY OWNERS OF THOSE ISLANDS; AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE, TO MAKE ALL NECESSARY
PREPARATIONS TO IMPLEMENT THIS INTENT.
Either approve the Resolution (indicating support of 60% of the affected property owners within
the proposed districts) or defer action until such time as the San Marino and Dilido Island
residents can demonstrate a higher level of support for an above ground utility conversion to
underground project.
BACKGROUND
Several of the City neighborhoods have expressed a desire to pursue the conversion of existing
above ground utility lines (electric, phone and cable TV) to underground. In response to the interest
expressed, the City created procedural and policy guidelines in 2001 to provide direction for the
process. These guidelines were recently reviewed and revised to reflect changes in Public Service
regulations that affected the respective roles and responsibilities of the City and the largest utility,
FPL. A copy of the revised procedure is attached.
To date, Palm and Hibiscus Islands and Sunset Island Numbers 3 and 4 have made progress in the
utility conversion project and have moved several steps into the process. The Venetian Islands of
San Marino and Dilido have also expressed interest, but have not presented the City with a petition
of interest, which represents the first official step in a utility conversion process.
Palm/Hibiscus and Sunset Island Numbers 3 and 4 received the City Commission approval to
proceed with a utility conversion project in 2002. A copy of the Resolution is attached.
The petition process is a written expression of the interest of a neighborhood to pursue an
underground project. By previous City Commission policy, the petition serves to define the level of
project support and further makes the area residents aware that the project will be funded by a
special assessment. The petition process also identifies which residents are willing to have an
above ground transformer on the Right of Way adjacent to their property.
Special assessments for project funding have been accepted thus far as the most appropriate
mechanism, as the projects are not generally Citywide in scope and benefit. The special
assessment process provides that the area benefited pays the project cost. As the projects are user
funded, the petition process is an important indicator to the City Commission of the resident
preferences.
To date, the City Commission has expressed a preference that 70-80% of affected residents
express support for an underground project in order to receive the City approval to proceed. This
level of support was achieved in both the Palm/Hibiscus and Sunset Islands petition process.
The rational for a large showing of support is simply that the closer to 50% that a petition process
gets, the higher the chance that, over the time of a project development, which may span several
years, small demographic or household changes can shift a majority view into a minority view.
The City has received a petition from the Venetian Islands, Dilido and San Marino, asking for City
permission to proceed with the next steps towards the development of an underground project. As
the petition indicates, the current level of support for the project is 60%.
The current City Commission policy of a 70-80% expression of support for a project is based on
practical application not on a Statutory or City Code requirement. The City Commission can vary the
policy if so desired, and based upon circumstances that may differ from any one petition or
neighborhood to another. As any project to convert to underground electric service will require the
allocation of staff resources to support, the higher the level of support possible is always
recommended, so that resources are ndt wasted in development of a project that may not succeed
in its later stages.
The larger question of what procedures the City follows for an underground utility project will be
presented to the Finance and City Wide Projects Committee in a future meeting. As indicated
earlier, the process has been modified in response to new Public Service Commission regulations,
and the role of the City has been increased from what was originally anticipated. Administratively,
we are still working on what will be the best method to approach the construction of underground
projects; both with respect to the ultimate cost to our residents and as to the time lines for
construction.
CONCLUSION
The issue before the City Commission is to determine if the circumstances of Dilido and San Marino
Islands give the City Commission enough comfort to accept a 60% level of support as a basis to
proceed with project development.
If the City Commission believes that circumstances, as presented by the resident petitioners, are
adequate to indicate that the project can be successful, approving the Resolution will complete the
required first step in the project process.
An option which is also available to the City Commission is to defer formal action on the matterfora
set time (for example 60 days) to allow the neighborhood to collect more signatures in support of the
project. As this specific underground conversion project is third in the FPL project development
timeline, a delay of several months will have no impact on the construction of the project. As FPL
works on underground conversion projects, it has assigned one unit in the company to complete all
projects requested on a statewide basis. For practical purposes, FPL takes projects as they are
presented, and has indicated it will not work on multiple projects at the same time in one jurisdiction.
Thus, some delay at this point in the Venetian Islands request would not negatively impactthe time
for project completion.
City Commission direction as to the preferred option is requested.
DRAFT PROCESS STEPS FOR CONVERSION OF ABOVE GROUND
UNDERGROUND ELECTRIC FACILITIES
1. Homeowners Association or neighborhood (HOA) submits a petition to the City's
Capital Improvement Department with the signatures of a majority of the property
owners within the proposed area to be considered for an underground
conversion project indicating their support
2. City Commission adopts a resolution accepting the petition and authorizing the
HOA to proceed with the underground conversion process
3. City forwards petition to FPL, AT&T and Atlantic Broadband (the Utilities),
requesting anon-binding ball park estimate of construction costs
4. The Utilities provide ball park estimates and City meets with the HOA and Utilities
to review process and costs
5. City provides estimate of front end engineering and the City project management
cost for Initial Special Assessment if needed. Estimate will cover all City
expenses, utility design expenses and a small portion of estimated construction
costs.
o City initiates Special Assessment process
o During 30 Assessment notice process, mailed ballot is sent to all affected
properties in Assessment area.
o Upon successful property owner vote, Commission establishes
Assessment District
o City makes deposit with FPL from assessment proceeds to complete final
design
6. If a front end assessment is not necessary, the HOA deposits with the City funds
to pay the costs to obtain a binding cost estimate from each of the utilities.
7. HOA works with FPL to locate transformers and other above ground
appurtenances in the right of way (ROW)
8. FPL completes design and submits to City for review, City obtains and
coordinates the other utilities designs based on FPL design.
9. City selects one contractor from the approved list of qualified utility contractors
that will build each of the utilities infrastructure.
10.A11 Utilities' plans and specifications are submitted to City for review and approval
11. Upon Utility plan approval, each Utility submits binding estimate to City and City
obtains its contractor costs for infrastructure for all utilities.
12. City uses binding estimates to prepare resolution for Commission approval
initiating the establishment of a second special assessment district pursuant to
Chapter 170, Florida Statutes
13. City initiates Special Assessment process
14. During 30 Assessment notice process, mailed ballot is sent to all affected
properties in Assessment area.
15. Upon successful property owner vote, City approves final assessment, completes
assessment process
16. City executes any required agreements with Utilities for placement of facilities on
City ROW
17. Construction commences
RESOLUTION NO. 2002-24761
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE
TO PROCEED WITH THE CREATION OF SPECIAL
ASSESSMENT AREAS, ALSO KNOWN AS SPECIAL
ASSESSMENT DISTRICTS, PURSUANT TO THE
PROVISIONS PROVIDED IN CHAPTER 170 OF THE
FLORIDA STATUTES, FOR THE PURPOSE OF. FUNDING
THE RELOCATION OF OVERHEAD UTILITY LINES
UNDERGROUND, ON EITHER A PORTION OR ALL OF
HIBISCUS ISLAND AND PALM ISLAND AND SUNSET
ISLAND 3 AND SUNSET ISLAND 4, RESPECTIVELY,
PURSUANT TO THE WRITTEN REQUEST OF THE
PROPERTY OWNERS OF THOSE ISLANDS; AND
AUTHOR121NG THE CITY MANAGER, OR HIS DESIGNEE,
TO MAKE ALL NECESSARY PREPARATIONS TO
IMPLEMENT THIS INTENT.
WHEREAS, in areas of the City, utility lines for services such as telephone,
electricity and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the
relocation of ovefiead utility lines underground; and
WHEREAS, the City recognizes that such relocations are generally considered an
improvement, which are unique to these certain neighborhoods; and
WHEREAS, the City supports neighborhood initiatives to relocate utilities
underground, but cannot provide direct funding or resources to any such individual effort
not enjoyed or pursued by the City as a whole; and
WHEREAS, the City recognizes its inimitable ability to assist with said initiatives and
to provide a collection mechanism, such as those used with special assessment areas or
districts created pursuant to Chapter 170 of the Florida Statutes, at the request of
individual neighborhoods; and
WHEREAS, the City has received such requests from the Hibiscus Island and Palm
Island and Sunset Islands 3 and 4 neighborhoods, respectively, in the form of petitions, to
consider the establishment of these special assessment areas, also known as special
assessment districts, to provide financing for the relocation of overhead utilities
underground; and
WHEREAS, on January 30, 2002, the Mayor and City Commission referred said
petitions to the Finance and Citywide Projects Committee for consideration; and
WHEREAS, on February 19, 2002, the Finance and Citywide Projects Committee
considered said petitions and recommended that the City Commission declare its intent to
proceed with the creation of the applicable special assessment areas, or districts, pursuant
to Chapter 170, Florida Statutes for the Hibiscus Island and Palm Island and Sunset
Islands 3 and 4 neighborhoods, respectively; and
WHEREAS, the Mayor and City Commission are satisfied that sufficient public
interest is served by the creation of said special assessment areas or districts.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission authorize the Administration and City Attorney's Office to proceed with the
creation of special assessment areas, also known as special assessment districts,
pursuant to the provisions provided in Chapter 170 of the Florida Statutes, for the purpose
of funding the relocation of the overhead utility lines underground, on either a portion or all
of Hibiscus Island and Palm Island and Sunset Island 3 and Sunset Island 4, respectively,
pursuant to the written request of the property owners of those islands; and authorize the
City Manager, or designee, to make all necessary preparations to implement this intent.
PASSED AND ADOPTED this 20th day of February 2002.
ATTEST:
~~~ ~~~
CITY CLERK
FORMrLL11NOlJK~E
iFOR
1 -d~Y
OMrr
I~~Ti i toNS
VENETIAN ISLANDS HOMEOWNERS ASSOCIATION
January 16, 2008
Robert Middaugh
Assistant City Manager
City of Miami Beach
Re: Delivery of Petitions in favor of undergrounding of utilities on Venetian Islands
Deaz Mr. Middaugh:
The residents of the Venetian Islands wish to present to the City their signed Petitions
requesting that electrical and utility service be placed underground. Accompanying this letter are
petitions requesting undergrounding signed by current homeowners on San Marino and DiLido
Islands, representing the owners of 60 percent of the privately owned property on each of those
Islands. As you aze awaze, Rivo Alto Island already had underground utilities. Please note that
these petitions represent the will of homeowners currently living on the properties. We were not
able to contact many absentee owners and landlords who would likely have signed petitions. We
are also providing you with copies of plans for this undergrounding project prepared a few years
ago by Florida Power and Light ("FPL").
We understand that obtaining a cost estimate from FPL is a necessary step in the process
to obtain underground utilities. We request that the City obtain a binding, cost estimate from FPL
for the project, rather than a ballpazk estimate. The Homeowners Association needs a binding
estimate to begin the process of creating a special taxing district. As engineering drawings have
already been done, there should be no reason for further delay in obtaining a binding estimate.
The homeowners waited a long time for underground utilities, and have worked on this
project for at least ten (10) years. Given that the Streetscape Project is expected to begin in the
fall of 2008, with the concomitant reconstruction of streets and sidewalks, the Homeowners
would ask to have FPL ready to coordinate the undergrounding with the Streetscape Project.
We greatly appreciate the ongoing support of yourself and the City for this project.
Please do not hesitate to let us know what additional information you may need from the
Homeowners Association in order to get this project started as soon as possible. We can be
reached at: 305-613-7843 (Colgate -Cell) or 305-379-9103 (Sheila -Work).
SincereC ~>~~~
Colgate Darden, President
Sheila Cesarano, Vice President
Venetian Island Homeowners Association
Encls.
Venetian Way
~1C
Solid green
indicates
Undergrounding
Petition has been
signed
Black lines are
properties on
Venetian Way
and will not get
undergrounding
San Marino Island
87 Properties 52 Undergrounding Approvals 60% Signed Petitions
Venetian Way
veneoan way
DiLido Island
162 Properties 95 Undergrounding Approvals 59 % Signed Petitions
~x
Solid green indicates
Undergrounding Petition has been signed
Black lines are properties on Venetian Way and will not get Undergrounding
~~~~~~'
Venetian Islands
Request for Creation of a Special Assessment Area
For the Purpose of Undergrounding Utilities
I am the owner of the property listed below. I am in favor of undergrounding the utility
service in my neighborhood, and would like the city to establish a Special Assessment
Area to pay for this project.
Neighborhood: Q lido Island ^ San Marino Island
(check one)
Signature:
Date:
Name (Print):
Street Address:
City, State, Zip:
Folio Number:
A complete list of signed Petitions is available in the City
Clerk's Office
Page 1 of 1
Hatfield, Liliam
From: Weinstein, AC
Sent: Wednesday, February 27, 200811:19 AM
To: Hatfield, Liliam
Subject: FW: Resolution Re Brothers to the Rescue
Attachments: Doc080130.TIF
is this what you are looking for
MIAMIBEACH
AC Weinstein, Mayor Matti H. Bower's Chief of Staff
Office of the Mayor
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7035 / Fax: 305.673.7096 /Cell: 305.216.7795
www.miamibeachfl.aov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Weinstein, AC
Sent: Friday, February 08, 2008 2:58 PM
To: 'abanais~aol,com'
Subject: FW: Resolution Re Brothers to the Rescue
Here it is...
MIAMIBEACH
AC Weinstein, Mayor Maffi H. Bower's Chief of Staff
Office of the Mayor
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7035 / Fax: 305.673.70961 Cell: 305.216.7795
www.miamibeachfl.aov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Caba, Sandra
Sent: Wednesday, January 30, 2008 2:11 PM
To: Weinstein, AC
Subject: Resolution Re Brothers to the Rescue
Per your request, please see attached.
MIAMIBEACH
Sandra Caba, Legal Assistant to
Jean K. Olin, Special Counsel, and
Debora J. Turner, First Assistant Cify Attorney
OFFICE OF THE CITY ATTORNEY
1700 Convention Center Drive - 4th floor, Miami Beach, FL 33139
Tel: 305-673-7470 or 305-673-7000 ext. 6561 /Fax: 305-673-7002 / www.SandraCaba(~miamibeachfl.gov
02/27/2008