Resolution 2021-31821 RESOLUTION NO. 2021-31821
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING A POLICY FOR THE
ACCESS GATES LOCATED IN THE NORMANDY SHORES LOCAL
GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT.
WHEREAS, in 1993 the Normandy Shores Local Government Neighborhood
Improvement District (the "District") was created as a safe neighborhood district pursuant to
Section 163.506 of the Florida Statutes and City Ordinance No. 93-288; and
WHEREAS, on July 2, 1997, the Mayor and City Commission adopted Resolution No. 97-
22449, to establish an Advisory Council appointed by the Board of Directors; and
WHEREAS, the streets within the District are public streets accessible via three
convenience gates located: (1) on Biarritz Drive; (2) at the intersection of North Shore / Fairway;
and (3) on South Shore Drive; and
WHEREAS, in 2018, the City Attorney's Office issued a memorandum and opined that, in
view of the City's statutory authority to create the District and control and restrict access through
the security gates, the decision to set policy regarding access to the remote controlled gates is
an administrative matter within the discretion of the City Commission; and
WHEREAS, in 2019, and early parts of 2020, the Advisory Council and the City upgraded
the gate technology in the District to radio-frequency identification ("RFID"); and
WHEREAS, after extensive research, no records were found regarding the installation of
the convenience gates in the District; and
WHEREAS, the Miami-Dade County Department of Transportation and Public Works
("MDCDTPW)" has jurisdictional authority to approve any permits related to the installation or
reconfiguration of convenience gates in communities, including the District; and
WHEREAS, the City's Transportation & Mobility Department collaborated with
MDCDTPW and submitted a queuing analysis, to retroactively review the placement of the gates;
and
WHEREAS, MDCDTPW reviewed the analysis and requires a resolution of the City of
Miami Beach, Florida to consider the current configuration of the gates; and
WHEREAS, irrespective of policy direction, the access gates will require final approval
from.the MDCDTPW; and
WHEREAS, the City, the District, and stakeholders have negotiated the following mutually
agreed essential terms for the policy, which include:
1) Access to the gates shall be granted via RFID only for residents of Normandy Shores
Island:
a. Proof of residency with driver's license and vehicle registration is required to
obtain RFID access on an annual basis.
2) For the implementation and management of the RFID system, non-District residents
will have to pay an initial registration fee of fifty-dollar ($50) and twenty-five dollars
($25) for annual renewals or replacements. District residents will pay an initial
registration fee of fifty-dollar ($50), but have up to two (2) initial registration-
fee waivers per household as a result of the District's initial purchase of 700 RFID
tags and twenty-five ($25) dollars for replacements. The fees will be reviewed
annually by the City, and if deemed appropriate, adjusted for internal cost changes;
and
3) The parties agree to support seeking necessary permits and approval from the
MDCDTPW related to the installation or reconfiguration of convenience gates; and
the parties also agree to support the closing of the rear gates if the City or County
requires it due to permit or regulatory issues; and
4) Miami-Dade County Public Schools busses will be permitted to obtain RFIDs in order
to facilitate access to the gates and safely board and drop-off children; and
WHEREAS, the Administration recommends approval and adoption of this Resolution to
establish and memorialize a policy for the District's access gates based upon the parties' mutual
agreement of the terms stipulated herein.
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 approve and adopt a policy for the access gates in the Normandy Shores
Local Government Neighborhood Improvement District.
PASSED and ADOPTED this •?8 day of `/Ny 2021.
Dan Gelber, Mayor
ATTEST:
/ /3 Q-L i
Rafael E. Granado, City Clerk
APPROVED AS TO
' FORM & LANGUAGE
& FOR EXECUTION
°.IIdLCRP ORATED:
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor and Member. . th- -ity Commission
FROM: Alina T. Hudak, City Maria. - `,
DATE: July 28, 2021
•
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING AND APPROVING A POLICY IN
REFERENCE TO NORMANDY SHORES DISTRICT GATES.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
BACKGROUND
In 1993, the Normandy Shores Local Government Neighborhood Improvement District (the
District) was created as a safe neighborhood district pursuant to Section 163.506 of the Florida
Statutes and City Ordinance No. 93-2881. Initially, the City of Miami Beach Commission was
designated as the Board of Directors to the District, with an Advisory Council comprised of
property owners or residents. In 1997, the City adopted Resolution No. 97- 22449, wherein the
Executive Committee of the Normandy Shores Homeowners Association was established with
three members of the Advisory Council.
The streets within the District are public streets and can be access via three access points. On
the west end, on Biarritz Drive, access is granted through the manned security gate entrance to
anyone who wishes to enter the District. This provides access to all streets within the District
regardless of residency. On the east side at the intersection of North Shore/ Fairway is a second
access point, with a third access point at South Shore Drive. These latter two entrances have
security gates which can only be accessed with a clicker issued by the City. The single-family
portion of the Normandy Shores island is within the boundaries of the District as referenced by
Attachment A, attached hereto.
The streets within the District remain public streets. In 2018, the City Attorney's Office issued a
memorandum, included herein as Attachment B, regarding the City's statutory authority to control
and restrict access to the District through the manned security guard gate and the additional
remote-controlled gates.The City Attorney has opined that, in view of the City's statutory authority
to create the District and control and restrict access through the security gates, the decision to
set policy regarding access to the remote controlled gates is an administrative matter within the
discretion of the City Commission.
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In 2019 and the early parts of 2020, the Advisory Council and the City upgraded the gate
technology in the District, while also keeping the remote-control gate access devices (clicker)
technology intact. The new technology will eliminate the use of clickers and provide access via
radio-frequency identification (RFID) decals to be adhered to vehicles. The upgraded system has
yet to be deployed, pending policy direction. On March 13, 2020, the Neighborhood and Quality
of Life Committee (NQLC) held a discussion on this item and requested that Administration return
with additional information on the history of the gates installed at Normandy Shores District.
After extensive research, including looking through permit databases for both the City and County,
City staff was not able to locate any records regarding the installation of the convenience gates
in the Normandy Shores neighborhood in 1993. The only permits that were found were the City
Building permits for the reconfiguration of the convenience gates located at the intersection of
North Shore Drive and Fairway Drive in 2015. This information was presented before the NQLC
at its November 4, 2020 meeting. The Miami-Dade County Department of Transportation and
Public Works (MDCDTPW) has jurisdictional authority to approve any permits related to the
installation or reconfiguration of convenience gates in communities. In response to this, the City
Transportation & Mobility Department collaborated with MDCDTPW, and submitted a traffic
memorandum that focuses on a queuing analysis, in order to retroactively review and comment
on the placement of the gates.
The queuing analysis included an assessment of the existing conditions and current operation of
the gates. The analysis followed the standardized process set forth in the Institute of
Transportation Engineers' (ITE) Transportation and Land Development Manual. MDCDTPW
reviewed the report and responded that a resolution of the governing body would be required to
consider the current configuration.
ANALYSIS
Access to the Normandy Shores District's gates requires policy direction. After numerous
discussions between City staff and the affected stakeholders, as well as the review of the City's
queuing analysis, the following options were presented for review and discussion:
• Maintain the status quo (with the ability to obtain an RFID for access for all
Normandy Shores island residents with proof of residency);
• The ability to obtain RFID access is limited to residents only living within gated
boundaries of the District;
• Complete closure of both convenience gates (except for pedestrians, bicycles
and emergency vehicles).
Pursuant to the Miami-Dade County Traffic Flow Modification Procedure, the permanent closure
of the two convenience gates to all vehicles except emergency services would require a traffic
study. The study would consist of data collection, an operational analysis of the adjacent
intersections to assess the impact of the closure, and a public hearing. It is important to note that
no matter what the direction regarding access to the gates, the gates themselves will have to be
approved by MDCDTPW.
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At the March 22, 2021 NQLC meeting, the Committee directed Administration to present options
to the City Commission. On May 12, 2021, the Mayor and City Commission deliberated on the
proposed options and directed Administration to provide recommendations for the access control
and restriction of the Normandy Shores District's gates.
After several negotiations with the District and affected stakeholders, the Administration
recommends the following essential terms, the parties have agreed to:
1) Access to the gates shall be granted via RFID only for residents of the island:
• Proof of residency with driver's license and vehicle registration is required to obtain
RFID access on an annual basis.
2) An initial fee of$50 for setup and $25 for renewals respectively will be required for the
administration and implementation of the RFID system.
3) The parties agree to support seeking necessary permits and approval from the Miami-
Dade County Department of Transportation and Public Works (MDCDTPW) related to
the installation or reconfiguration of convenience gates.
4) Miami-Dade County Public Schools busses will be permitted to obtain RFIDs in order
to facilitate access to the gates and safely board and drop-off children.
Access to the District's gates requires policy direction by the City Commission. Provided the long
history, challenges, traffic queuing, speeding concerns, permitting and equity, a viable solution
may be achieved with the parties mutually agreed upon essential terms, which the Administration
has recommended herein.
CONCLUSION
In consideration of the foregoing, the Administration recommends the approval and adoption of
the Resolution to formalize City policy for the gates of the Normandy Shores Local Government
Neighborhood Improvement District based upon the parties' mutual agreement of the terms
stipulated herein.
Resolutions - R7 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 28, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROVING A POLICY IN
REFERENCE TO NORMANDY SHORES DISTRICT GATES.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
N/A
Applicable Area
North Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Property Management
Page 1747 of 2012