Resolution 2022-32182 RESOLUTION NO. 2022-32182
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING RESOLUTION NO. 2019-30910,WHICH
AUTHORIZED THE CITY MANAGER TO USE GENERAL FUND CONTINGENCY,
IN THE TOTAL NOT TO EXCEED AMOUNT OF $100,000 PER YEAR (CITY
FUNDING), TO ADVANCE FUNDING FOR NEIGHBORHOODS AND/OR
NEIGHBORHOOD ASSOCIATIONS REQUESTING BINDING COST ESTIMATES
FROM FLORIDA POWER & LIGHT (FPL) FOR THE COST OF
UNDERGROUNDING UTILITIES (SUBJECT TO REIMBURSEMENT FROM
SPECIAL ASSESSMENT PROCEEDS IF A SPECIAL ASSESSMENT DISTRICT
IS SUBSEQUENTLY CREATED); SAID AMENDMENT CLARIFYING (1) THAT
THE CITY FUNDING MAY BE USED IN CONNECTION WITH A
NEIGHBORHOOD'S REQUEST FOR A COST ESTIMATE RELATING TO THE
UNDERGROUNDING OF ANY PUBLIC UTILITY, NOT JUST FPL,AND(2)THAT
THE CITY FUNDING MAY BE USED,AT THE CITY'S DISCRETION,TO RETAIN
COST ESTIMATES FROM A THIRD PARTY CONSULTANT, INSTEAD OF FPL
OR OTHER PUBLIC UTILITY PROVIDER, IN ORDER TO INCLUDE OTHER
UNDERGROUNDING COSTS, NOT TYPICALLY COVERED BY THE PUBLIC
UTILITY PROVIDERS, SUCH AS, WITHOUT LIMITATION, THE COST
ASSOCIATED WITH THE RESTORATION OF THE PUBLIC RIGHT-OF-WAY
FOLLOWING COMPLETION OF THE UNDERGROUNDING WORK BY THE
PUBLIC UTILITY PROVIDER.
WHEREAS, at its January 28, 2019 meeting, the then named Neighborhoods/Community
Affairs Committee(NCAC)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; and
WHEREAS, 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; and
WHEREAS, in order for FPL to proceed with a detailed and "binding" estimate for a
conversion project, FPL requires a non-refundable engineering deposit of approximately$12,000
prior to beginning the estimating process, as set forth in the Florida Administrative Code 25-6.115;
and
WHEREAS, should a neighborhood decide to proceed with the work contained in the
estimate, the amount of the deposit is then applied towards 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; and
WHEREAS, historically,the neighborhoods requesting the undergrounding conversion have
been responsible for paying these and all fees associated with the undergrounding; and
WHEREAS at its June 28, 2019 meeting, the Finance and Citywide Projects Committee
(FCWPC) recommended funding initial utility undergrounding fees from General Fund
Contingencies and to grant the City Manager authority to approve funding up to$100,000 per year;
and
WHEREAS, at its July 17, 2019 meeting, the City Commission adopted Resolution 2019-
30910, accepting the recommendation of the FCWPC, and authorizing the City Manager to use
General Fund Contingency, in the total amount not to exceed $100,000.00 per year(City funding),
to advance funding for neighborhoods and/or neighborhood associations requesting binding cost
estimate from Florida Power & Light (FPL) 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; and
WHEREAS,currently the Capital Improvement Projects(CIP) Department is negotiating with
a consultant to provide cost estimates for undergrounding at West Palm Island and the Venetian
Islands; and
WHEREAS the Administration recommends funding these efforts from the $100,000
proceeds approved by Commission on July 17, 2019; and
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 amend
Resolution No. 2019-30910,which authorized the City Manager to use General Fund Contingency,
in the total not to exceed amount of $100,000 per year (City funding), to advance funding for
neighborhoods and/or neighborhood associations requesting binding cost estimates from Florida
Power& Light(FPL)for the cost of undergrounding utilities (subject to reimbursement from special
assessment proceeds if a special assessment district is subsequently created); said amendment
clarifying (1) that the City funding may be used in connection with a neighborhood's request for a
cost estimate relating to the undergrounding of any public utility, not just FPL, and (2) that the City
funding may be used, at the City's discretion, to retain cost estimates from a third party consultant,
instead of FPL or other public utility provider, in order to include other undergrounding costs, not
typically covered by the public utility providers, such as, without limitation, the cost associated with
the restoration of the public right-of-way following completion of the undergrounding work by the
public utility provider.
PASSED and ADOPTED this ° day of nt, , 2022
ATTEST:
JUN 2 3 2022
Dan Gelber, Mayor
Ralph E. n do City Clerk _ ""0,
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City Attorney Date
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Resolutions-C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 22, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2019-30910,
WHICH AUTHORIZED THE CITY MANAGER TO USE GENERAL FUND
CONTINGENCY, IN THE TOTAL NOT TO EXCEED AMOUNT OF $100,000
PER YEAR (CITY FUNDING), TO ADVANCE FUNDING FOR
NEIGHBORHOODS AND/OR NEIGHBORHOOD ASSOCIATIONS
REQUESTING BINDING COST ESTIMATES FROM FLORIDA POWER &
LIGHT (FPL) FOR THE COST OF UNDERGROUNDING UTILITIES
(SUBJECT TO REIMBURSEMENT FROM SPECIAL ASSESSMENT
PROCEEDS IF A SPECIAL ASSESSMENT DISTRICT IS SUBSEQUENTLY
CREATED); SAID AMENDMENT CLARIFYING (1) THAT THE CITY
FUNDING MAY BE USED IN CONNECTION WITH A NEIGHBORHOOD'S
REQUEST FOR A COST ESTIMATE RELATING TO THE
UNDERGROUNDING OF ANY PUBLIC UTILITY, NOT JUST FPL, AND (2)
THAT THE CITY FUNDING MAY BE USED, AT THE CITY'S DISCRETION,
TO RETAIN COST ESTIMATES FROM A THIRD PARTY CONSULTANT,
INSTEAD OF FPL OR OTHER PUBLIC UTILITY PROVIDER, IN ORDER
TO INCLUDE OTHER UNDERGROUNDING COSTS, NOT TYPICALLY
COVERED BY THE PUBLIC UTILITY PROVIDERS, SUCH AS, WITHOUT
LIMITATION, THE COST ASSOCIATED WITH THE RESTORATION OF
THE PUBLIC RIGHT-OF-WAY FOLLOWING COMPLETION OF THE
UNDERGROUNDING WORK BY THE PUBLIC UTILITY PROVI DER.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
At its January 28, 2019 meeting, the Neighborhoods/Community Affairs Committee (NCAC)
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.
Page 267 of 1232
In order for FPL to proceed with a detailed and "binding" estimate fora conversion project, FPL
requires a non-refundable engineering deposit of approximately $12,000 prior to beginning the
estimating process, as set forth in the Florida Administrative Code 25-6.115. Should a
neighborhood decide to proceed with the work contained in the estimate, the amount of the
deposit is then applied towards 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 neighborhoods requesting the undergrounding conversion have been
responsible for paying these and all fees associated with the undergrounding.
At its June 28 2019 meeting, the Finance and Citywide Projects Committee (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.
At its July 17, 2019 meeting, the City Commission adopted Resolution 2019-30910, accepting
the recommendation of the FCWPC, and authorizing the City Manager to use General Fund
Contingency, in the total amount not to exceed $100,000 per year (City funding), to advance
funding for neighborhoods and/or neighborhood associations requesting binding cost estimate
from Florida Power & Light (FPL) 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.
To date, the City has not received any requests for undergrounding by any neighborhood
association. The City Administration wishes to amend Resolution No. 2019-30910 (attached);
said amendment clarifying (1) that the City funding may be used in connection with a
neighborhood's request for a cost estimate relating to the undergrounding of any public utility,
not just FPL, and (2) that the City Funding may be used, at the City's discretion, to retain cost
estimates from a third party consultant, instead of FPL or other public utility provider, in order to
include other undergrounding costs, not typically covered by the public utility providers, such as,
without limitation, the cost associated with the restoration of the public right-of-ways following
completion of the undergrounding work by the public utility provider. Currently the CIP
Department is negotiating with a consultant to provide cost estimates for undergrounding at
West Palm Island and the Venetian Islands as described in more detail below. The 'CIP
Department would like to fund these efforts from the $100,000 proceeds approved by
Commission on July 17, 2019.
CAPITAL IMPROVEMENT PROJECTS UNDERGROUNDING
West Palm Island
In 2016, the Palm-Hibiscus-Star Islands Homeowners Association ("HOA") approached the
City of Miami Beach regarding the creation of a special taxing district to fund the undergrounding
of overhead utilities on West Palm Island (the "District"). Specifically, the HOA seeks to
relocate\underground the following overhead utilities: electric (FPL), telephone (AT&T), and
Page 268 of 1232
cable television(Atlantic Broadband).
On November 9, 2016 the City Commission adopted Resolution No. 2016-29643, endorsing,
as required pursuant to Section 18-2 of the Miami-Dade County Code, the creation by Miami
Dade County of Special Taxing District for Palm Island for the undergrounding of overhead
franchise utilities, subject to and contingent upon compliance with and satisfaction of the
requirements for the creation of special taxing districts, as set forth in Chapter 18 of the Miami-
Dade County Code.
The City has been working with all franchise utilities in the development of their designs and
ultimately the development of a comprehensive undergrounding cost estimate.
Venetian Islands
On February 13, 2008, Commission passed Resolution 2008-26770 , authorizing the City
Administration and City Attorneys Office to proceed with the creation of Special Assessment
Districts for Di Lido Island and San Marino Island for the purpose of funding the relocation of
overhead utility lines underground, pursuant to the written request of the property owners of
those islands.
On July 13, 2016, the City Commission adopted Resolution 2016-29498, endorsing, as
required pursuant to Section 18-2 of the Miami-Dade County Code,the creation by Miami-Dade
County of Special Taxing Districts for Di Lido Island and San Marino Island, respectively,for the
undergrounding of overhead utilities, subject to and contingent upon compliance with and
satisfaction of the requirements for the creation of special taxing districts, as set forth in Chapter
18 of the Miami-Dade County Code.
In 2019, the Venetian Islands Homeowner's Association advised the City that their constituents
have decided for the City to create the special assessment district rather than proceeding with
Miami-Dade County. The City has been working with all franchise utilities to prepare a
comprehensive undergrounding cost estimate.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 47%of residents rated City efforts to plan for growth as very satisfied/satisfied.
FINANCIAL INFORMATION
Not applicable.
CONCLUSION
It is recommended that the City Commission approve amending Resolution No. 2019-30910 to
clarify (1)that the City Funding may be used in connection with a neighborhood's request for a
cost estimate relating to the,undergrounding of any public utility, not just FPL, and (2) that the
City Funding may be used, at the City's discretion, to retain cost estimates from a third party
consultant, instead of FPL or other public utility provider, in order to include other
undergrounding costs, not typically covered by the public utility providers, such as, without
limitation, the cost associated with the restoration of the public right-of-way following completion
of the undergrounding work by the public utility provider.
Page 269 of 1232
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
❑ Resolution 2019-30910
❑ Resolution
Page 270 of 1232
•
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
Page 271 of 1232
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
Q417 I4t1;711
R ael E. • ranado, City Clerk •• ••
APPROVED AS TO
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Page 272 of 1232
Resolutions-R7 Y
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.
Page 1322 of 1502
Page 273 of 1232
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
Page 1323 of 1502
Page 274 of 1232