Resolution 2019-30910 RESOLUTION 2019-30910
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS JUNE 28, 2019
MEETING, AND AUTHORIZING THE CITY MANAGER TO USE GENERAL FUND
CONTINENCY, IN THE TOTAL NOT TO EXCEED AMOUNT OF $100,000 PER
YEAR, TO ADVANCE FUNDING FOR NEIGHBORHOODS AND/OR
NEIGHBORHOOD ASSOCIATIONS REQUESTING BINDING COST ESTIMATES
FROM FLORIDA POWER & LIGHT FOR THE COST OF UNDERGROUNDING
UTILITIES, PROVIDED, HOWEVER, THAT SUCH CITY FUNDING SHALL BE
SUBJECT TO REIMBURSEMENT FROM SPECIAL ASSESSMENT PROCEEDS,
IF A SPECIAL ASSESSMENT DISTRICT FOR UTILITY UNDERGROUNDING IS
SUBSEQUENTLY CREATED FOR THE NEIGHBORHOOD.
WHEREAS, at the Neighborhoods/Community Affairs Committee (NCAC) meeting on
January 28, 2019, the NCAC reviewed and discussed the results of a tabulation from petition
mailings with respect to the undergrounding of utilities in the North Bay Road and Alton Road
neighborhood, which resulted in 60.74% final votes in favor of creating a special assessment
district to fund the undergrounding of utilities; and
WHEREAS, based on these results, the NCAC recommended that the Administration
proceed with the next steps for creating a district and obtaining the binding estimates from Florida
Power & Light("FPL")for the undergrounding of the existing overhead utilities; and
WHEREAS, City staff met with representatives of the Upper North Bay Road Neighborhood
Association (the "Association") to discuss the boundary limits, and the Association provided the
City a proposed underground boundary map with 173 properties that would participate in the
undergrounding process; and
WHEREAS, City staff forwarded to FPL the proposed underground boundary map and
requested a "ballpark" non- binding cost estimate for the work. On April 24, 2019, FPL provided
the City the results of the estimate and this information has been shared with the neighborhood
association to review; and
WHEREAS, in order for FPL to proceed with a detailed and "binding" estimate for the
conversion project, FPL will require a non-refundable engineering deposit of $11,729.00 prior to
commencing with the binding cost estimate, as set forth in the Florida Administrative Code 25-
6.115; and
WHEREAS, historically, the neighborhood and/or neighborhood association requesting the
undergrounding of utilities has been responsible for paying for the FPL binding cost estimate and
all fees associated with the undergrounding of utilities; and
WHEREAS, on June 5, 2019, at the request of Commissioner John Aleman, the Mayor and
City Commission referred a discussion item to the Finance and Citywide Projects Committee
(FCWPC), to discuss initial funding for undergrounding of utilities in the City of Miami Beach; and
WHEREAS, Commissioner Aleman's initiative would consist of creating a funding source
in the City's budget to cover the costs of the binding cost estimates from FPL (each of which costs
approximately $12,000), subject to reimbursement from special assessment proceeds, should a
special assessment district for undergrounding utilities be created for the neighborhood; and
WHEREAS, funds would be utilized on a first come, first serve basis, not to exceed
$100,000 per year; and
WHEREAS, at its June 28 meeting, the FCWPC recommended that the City Manager be
authorized to utilize General Fund contingency, to advance the funds for FPL binding cost
estimates for neighborhoods requesting undergrounding of utilities, up to the not to exceed amount
of $100,000 per year, subject to reimbursement if a special assessment district is subsequently
created.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the Finance and Citywide Projects Committee at its June 28, 2019 meeting,
and authorize the City Manager to use general fund contingency funds, in the total not to exceed
amount of $100,000 per year, to advance funding for neighborhoods and/or neighborhood
associations requesting binding cost estimates from Florida Power & Light for the cost of
undergrounding utilities, provided, however, that such City funding shall be subject to
reimbursement from special assessment proceeds, if a special assessment district for utility
undergrounding is subsequently created for the neighborhood.
PASSED and ADOPTED this 17th day of July, 2019.
ATTEST:
Dan Gelber, Mayor
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R ael E. ranado, City Clerk
APPROVED AS TO
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS JUNE 28,
2019 MEETING, AND AUTHORIZING THE CITY MANAGER TO USE
GENERAL FUND CONTINGENCY, IN THE TOTAL NOT TO EXCEED
AMOUNT OF $100,000 PER YEAR, TO ADVANCE FUNDING FOR
NEIGHBORHOODS AND/OR NEIGHBORHOOD ASSOCIATIONS
REQUESTING BINDING COST ESTIMATES FROM FLORIDA POWER &
LIGHT FOR THE COST OF UNDERGROUNDING UTILITIES, PROVIDED,
HOWEVER, THAT SUCH CITY FUNDING SHALL BE SUBJECT TO
REIMBURSEMENT FROM SPECIAL ASSESSMENT PROCEEDS, IF A
SPECIAL ASSESSMENT DISTRICT FOR UTILITY UNDERGROUNDING IS
SUBSEQUENTLY CREATED FOR THE NEIGHBORHOOD.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
At the Neighborhoods/Community Affairs Committee (NCAC) meeting on January 28, 2019,
the Committee reviewed and discussed the results of a tabulation from petition mailings in the
North Bay Road and Alton Road neighborhood, which resulted in 60.74% final votes in favor of
creating a taxing district. Based on these results, the Committee made a motion to proceed with
the next steps for creating a district and obtaining the binding estimates for the undergrounding
of the existing overhead utilities.
Following this motion, City staff met with representatives of the Upper North Bay Road
Neighborhood Association to discuss the boundary limits. The association provided the City a
proposed underground boundary map with 173 properties that would participate in the
undergrounding process.
City staff forwarded FPL the proposed underground boundary map and requested a "ballpark"
non- binding cost estimate for the work. On April 24, 2019, FPL provided the City the results of
the estimate and this information has been shared with the neighborhood association to review.
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In order for FPL to proceed with a detailed and "binding" estimate for the conversion project,
FPL will require a non-refundable engineering deposit of $11,729.00 prior to beginning the
estimating process, as set forth in the Florida Administrative Code 25-6.115.
Should the neighborhood decide to proceed with the work contained in the estimate, the amount
of this deposit would be applied toward the estimate amount owed to FPL for the conversion.
The "binding" estimate is valid for 180 days from the date the "binding" estimate is provided.
Historically, the neighborhood requesting the undergrounding conversion have been
responsible for paying these and all fees associated with the undergrounding.
CURRENT UPDATE
A Finance and Citywide Projects Committee (FCWPC) referral was added to the June 5, 2019
City Commission agenda by Commissioner Aleman, to discuss initial funding for
undergrounding of utilities in the City of Miami Beach.
Commissioner Aleman's initiative would consist of creating a funding source in the City's budget
to cover for an initial undergrounding estimate. Each estimate costs approximately $12,000.
Funds would be utilized in a once per neighborhood, and on a first come, first serve basis.
Should the neighborhood decide to proceed with its undergrounding, the neighborhood would
be responsible for reimbursing the City back as part of the undergrounding process via a district
assessment. However, should the neighborhood decide not to proceed with its undergrounding,
the City will not seek reimbursement and cover these costs.
At its June 28 meeting, the FCWPC members made a favorable motion to fund initial utility
undergrounding fees from General Fund Contingencies and to grant the City Manager authority
to approve funding up to $100,000 per year.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Resolution
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