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HomeMy WebLinkAbout2003-25191 Reso RESOLUTION NO.2oo3-2519]. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DESIGNATING THE CITY MANAGER AS THE INDIVIDUAL AUTHORIZED TO ACT ON BEHALF OF THE CITY OF MIAMI BEACH FOR TEMPORARY STATE ROAD CLOSURE PERMIT REQUESTS FOR SPECIAL EVENTS. WHEREAS, the Florida Department of Transportation issues permits to temporarily close State roads for special events; and WHEREAS, the Florida Department of Transportation permitting process requires that for the City of Miami Beach designate a person to sign the temporary State road closure permit requests; and WHEREAS, such individual may be designated by title; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is hereby designated as the individual authorized to act and sign on behalf of the City of Miami Beach for temporary State road closure permit requests for special events. PASSED and ADOPTED this 30th April ., 2003. (~,/' MAYOR ATTEST: F:\cmg r~$ALL~BOB\tempstateroadclospermitreso.doc FORM &I. ANGUN3E & r-o~~ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: A Resolution designating the City Manager as the individual authorized to act on behalf of the City of Miami Beach for temporary state road closure permit requests for special events. Issue: The Florida Department of Transportation requires that any municipality that wishes to temporarily close a state read for a special event be issued a state permit. The permitting process requires that there be a designated person in the municipality authorized to approve and to sign for the municipality in question. As the City Manager is currently designated as the final signature on behalf of the City's Special Event Permit, it would be consistent to have any state required permit match that requirement. Item Summary/Recommendation: Adopt the Resolution. Advisory Board Recommendation: N/A :inancial Information: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: Robert C. Middaugh Sign-Offs: City Manager AGENDA ITEM CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: April 30, 2003 Members of the City Commission Jorge M. Gonzalez ~~ City Manager A RESOLUTION (: THE MAYOR AND CITY COMMISSION OF THE CITY FO MIAMI BEACH, FLORIDA, DESIGNATING THE CITY MANAGER AS THE INDIVIDUAL AUTHORIZED TO ACT ON BEHALF OF THE CITY OF MIAMI BEACH FOR TEMPORARY STATE ROAD CLOSURE PERMIT REQUESTS FOR SPECIAL EVENTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Florida Department of Transportation requires that any municipality that wishes to temporarily close a state road for a special event be issued a state permit. The permitting process requires that there be a designated person in the municipality authorized to approve and to sign for the municipality in question. The last time that the City of Miami Beach submitted a Resolution designating an individual to sign the state permit was in 1971. Since that time, the City had submitted specific named individuals which are not now current. As the City Manager is currently designated as the final signature on behalf of the City's Special Event Permit, it would be consistent to have any state required permit match that requirement. As such, a Resolution which designates the City Manager as the authorized person to sign for the City of Miami Beach on any state temporary road closure permit request is recommended for adoption. RCM/sam F:\cmg r~$ALL~BOB~tempstateroadclospermit.d oc Florida JEBBUSH GOVERNOR Department of District Permit Office 1000 N.W. 111 Avenue, Room 6215 Miami, Florida 33172-5800 Telephone (305) 470-5367 Fax (305) 470-5443 Transportation JOSE ABREU SECRETARY Apdl 11, 2003 Mr. Jorge M. Gonzales City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mr. Gonzalez: SUBJECT: CURRENT APPROVED SIGNATURE LISTING The District VI Permit Office of the Department of Transportation is requesting your assistance in updating our current approved signature listing of personnel authorized to act on behalf of your municipality to sign temporary state road closure permit request for special events. As an option to a specific name the governmental authority may, by resolution, designate a position within that body, (Mayor, City Manager, etc.) to authorize and sign for the body. Also, it is important to realize the Department will need a resolution or minutes of a scheduled meeting authorizing any specific special event that will require a temporary State Road Closure within your jurisdiction as per Florida Administrative Code Chapter 14-65. We do recognize you may not have applied for a special event in the past and/or may not in the future, however we would greatly appreciate your help in this matter. It will allow us to respond in a timelier manner for future requests. The Department would like to thank you in advance for your attention in this matter. Please do not hesitate to call me at 305-470-5372 for any further clarification if needed. Sincerely, Guy A. ~ladson cc: R. Steiner, W. Nor, F:ile B'BCIBIVED MAYOR CHAPTER 14-65 TEMPORARY CLOSING AND SPECIAL USE OF STATE ROADS 14-65.001 14-65.0011 14-65.002 14-65.0025 14-65.003 14-65.0035 14-65.004 14-65.005 14-65.006 14-65.0065 14-65.0068 14-65.007 Scope. (Repealed) Exceptions. (Repealed) State Roads in Municipal Corporate Limits. (Repealed) Scope, Exceptions, and Definitions. State Roads Outside Municipal Corporate Limits. (Repealed) Temporary Closing of State Roads Other Than Limited Access Facilities. Procedures Subsequent to Approval of Request for Temporary Closing of State Roads Other Than Limited Access Facilities. (Repealed) Forms to Request Temporary Closing or Special Use of State Road. (Repealed) Temporary Closing and Special Use of Interstate and Other Limited Access Facilities. Procedures for Special Use of State Roads Including Limited Access Facilities. Procedures Subsequent to Approval of Request for Special Use of State Roads Including Limited Access Facilities. (Repealed) Notification of Temporary Closing of State Road for Repair, Reconstruction, or Alteration. (Repealed) 14-65.0025 Scope, Exceptions, and Definitions. This Rule Chapter 14-65, F.A.C., specifies procedures for obtaining a prior written permit for temporary closure of a state road from the Department when necessary for the conduct of a special event. The rule chapter outlines the requirements for special temporary use of limited access facilities, state roads other than limited access facilities; and for notice to the appropriate local law enforcement agencies of repair, reconstruction, or alteration which necessitates the closing of lanes for vehicular traffic. (1) Exceptions. For purposes of this rule chapter, the following examples are uses of state roads for special events which do not require a prior written permit: (a) A motorcade when no traffic lanes are closed and law enforcement personnel control traffic at each intersection; (b) A run, walk-a-thon or bicycle event with a police escort and no detour of traffic; and (c) A parade on a street which only intersects a state road where law enforcement personnel control the traffic at such intersections. (2) The following words and phrases when used in this rule chapter, shall have the meaning ascribed in this rule: (a) "Charitable Purpose" has the meaning specified in Section 496.404(2), Florida Statutes. (b) "Commercial Activities" include sale or display for sale, of merchandise; servicing or repairing of any vehicle, except rendering of emergency service; storage of vehicles being serviced or repaired on abutting property or elsewhere; solicitation for sale of goods, property, or services or for charitable purposes; and the display of advertising of any sort. (c) "Emergency" is defined in Section 252.34, Florida Statutes, as any occurrence, or threat thereof, whether accidental, natural, or caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. (d) "Limited Access Facility" is as defined in Section 316.003(19), Florida Statutes. (e) "Local Governmental Authority" means a municipality, county, or expressway or transportation authority serving one or more jurisdictions. (7 "Special Event" means an art festival, parade, annual charity drive, fair, fund drive, race, run, motorcade, or similar activities of local interest. (g) "Special Use" means any activities other than those defined as special events and as detailed in Rule 14-65.0065, F.A.C. (h) "State Highway System" is as defined in Section 334.03(25), Florida Statutes. (i) "State Road" is as defined in Section 334.03(27), Florida Statutes. (j) "Temporary Closing" means the closing, detouring or otherwise restricting traffic flow of one or more vehicle traffic lanes ora street or highway for a cumulative period of fifteen minutes or more. (k) "Written Permit" is Form 850-040-65, Request for Temporary Closing/Special Use of State Road, 02/92, requesting stated specific permission to close a stated specific section or part o£ a state road for a stated specific time period, signed by the District Secretary or designee and the applicant or applicant's authorized representative. Specific ~luthority 334.044(2), 337.406(1)FS. Law Implemented 252.34, 316.003, 316.006(1), 316.008, 334.03, 337.406, 496.425 FS. Histor~ New 1-19-89, Amended 4-15-92, 12-31-96. 14-65.0035 Temporary Closing of State Roads Other Than Limited Access Facilities. (1) Procedures for Temporary Closing of State Roads Other Than Limited Access Facilities. The temporary use and closing of state roads for the purpose of special events, not related to construction, reconstruction, maintenance or emergency purposes, may be accomplished as follows: (a) A special event may be permitted by the appropriate local governmental authority. - 163 (b) Prior to temporary closure of a state road for a special event, the local governmental authority which permits the special event must determine whether a temporary closing of the road is necessary for the event and obtain prior written approval from the Department unless excepted as defined in subsection 14-65.0025(1), F.A.C. (c) A Request for Temporary Closing/Special Use of State Road, Form 850-040-65, 02/92, shall be submitted by the responsible official of the local governmental authority to the District Secretary, or designee, naming the sponsoring officials; stating that local law enforcement officials will manage all the details involved in administration of the event; and stating that as between the Department and the local governmental authority, to the extent permitted by Florida law, the local governmental authority will assume full responsibility for any liability claims arising from, or based on, the activities of the event. (d) The local governmental authority shall include with this request: 1. A certified copy of an excerpt from the minutes of a duly scheduled meeting, or duly executed resolution, of the governmental authority authorizing the special event. The governmental authority may, by resolution, designate a position within that body (Mayor, City Manager, etc.) to authorize and sign for the body; 2. A marked map, indicating the temporary detours to be utilized by the public; and showing the placement of appropriate signs; stationing of any officers or flagmen; and locations of barricades and cones necessary to detour the traffic in a safe and efficient manner; 3. A description of the provisions made for the temporary rerouting of traffic; and 4. Approval from the United States Coast Guard District Commander authorizing the opening or closing of any movable bridge within the geographical limits of the event during the time period of the road closure. (e) Prior to authorizing the temporary road closing, the Department shall review the proposed detour route to ensure that traffic volume will be handled and routed safely and efficiently. (f) Such closing of the state road shall not be for commercial use, except that any portion of a state-maintained roadway may be used for special events and special use as defined in paragraphs 14-65.0025(2)(0 and (2)(g), F.A.C., of this rule chapter, together with such commercial activities necessarily related to such events. Nothing in this rule chapter shall be construed to authorize such special events on the interstate highway system, toll roads, or other limited access facilities. (2) Procedures Subsequent to Approval of Request for Temporary Closing of State Roads Other Than Limited Access Facilities. The Department will return a copy of Form 850-040-65 indicating approval or disapproval to the submitting applicant. Upon receipt ora copy of Form 850-040-65, Request for Temporary Closing/Special Use of State Road, 02/92, signed by a District Secretary of the Department, or designee, the responsible official of the local governmental authority shall notify the applicant for the special event whether preparation for and execution of the special event may or may not proceed. (3) Form to Request Temporary Closing or Special Use of State Road. Copies of Form Number 850-040-65, Request for Temporary Closing/Special Use of State Road, 02/92, is hereby incorporated by reference and made a part of this rule chapter. Copies of this form may be obtained by contacting any Department District Maintenance Office. Specific Authority 334.044(2), 337.406(1) FS. Law Implemented 316.003, 316.006(1), 316.008, 337.406 FS. Histor~LNew 1-19-89, Amended 4-15-92, 7-1-92, 12-31-96. 14-65.006 Temporary Closing and Special Use of Interstate and Other Limited Access Facilities. Temporary closures for special uses will not be allowed on interstate highways, toll roads, and other limited access facilities on the state highway system with the exception of the following situations: (1) Emergency Conditions. When emergency or extremely dangerous conditions are judged to exist, the Department will assume responsibility for determining whether closure of state roads is warranted. (2) Request for special use of interstate and other limited access facilities will be made to the Department. Special use is approved by the Department, in accordance with the provisions of Rule 14-65.0065, F.A.C. (3) Use of facilities on interstate highways, toll roads, or other limited access facilities for solicitation is otherwise prohibited except under the provisions of Rule Chapter 14-28, F.A.C. Specific Authority 334.044(2), 337.406(1) FS. Law lmplemented 316.006(l), 337.406, 338.01 FS. History-New 1-19-89, Amended4-15-92. 14-65.0065 Procedures for Special Use of State Roads Including Limited Access Facilities. The temporary use of state roads for special use activities, not related to construction, reconstruction, maintenance, emergency purposes, or special events, may be accomplished in accordance with this rule chapter. The following information must be supplied to the Depadment when requesting a permit for filming: (1) A copy of pertinent portions of the set/pt with a concise but detailed written description of the action to occur on the state right of way. (2) A detailed map showing the proposed filming location and an estimate of the number of event personnel. (3) No stunts, staged accidents, explosives, or pyrotechnics that may cause damage to state property shall be allowed without prior approval of the Department. Use of pyrotechnics requires approval from the District Secretary, or where applicable, the Executive Director of the Florida Turnpike Enterprise and a separate approval from the local fire department having jurisdiction over the filming site. Both must be attached to the special use permit. Additionally, a licensed "Pyrotechnic Operator - Special Effects" shall be on location and in charge of all use, storage, and handling of special effects items. 164 (4) The permittee shall provide the Department with proof of liability insurance in the amount of $1,000,000 for routine filming. If the filming request involves specialized stunts, pyrotechnics, special effects, the use of some form of air transportation over the state highway right of way, or stunts of any kind under or adjacent to a structure (bridge) then a minimum of $5,000,000 of liability insurance is required. (5) All maintenance of traffic on Department rights of way shall conform to the Federal Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C.; the Department's current Roadway and Traffic Design Standards; and the current Standard Specifications for Road and Bridge Construction. The Department shall regulate, limit, or restrict hours of filming to minimize disruption of traffic on the state highway system. When filming causes undue disruption of traffic, or creates safety hazards on a state highway, the Department shall require immediate corrective action within a specified time frame, or cause ftlming to cease if deemed necessary. The Department shall require the submittal of a maintenance of traffic plan with the request for permit to ensure compliance with this provision. The Department may require the presence of an off-duty law enforcement officer in areas of congestion, critical traffic flow, or situations that may cause hazardous conditions. (6) Filming of activities on state road rights of way from low flying aircraft must be in compliance with Federal Aviation Administration regulations, and will not be permitted if the public safety or welfare is jeopardized. Any activities involving aircraft shall require written notification of overhead utility companies. Specific Authority 334.044(2), 335.10(1), 337.406(1) FS. Law Implemented 316003, 316.006(l), 316008, 334.044(28). 335.10, 337.406(1), 496.425 FS. History~New 4-15-92. 165 C7M A Resolution Designating The City Manager As The Individual Authorized To Act On Behalf Of The City Of Miami Beach For Temporary State Road Closure Permit Requests For Special Events, (City Manager's Office) ACTION: Resolution No. 2003-25191 adopted. Donna Shaw to handle.