Resolution 2024-32926 RESOLUTION NO., 2024-32926
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO TAKE A
ZERO TOLERANCE STANCE BY ISSUING VIOLATIONS, IMPOSING FINES, AND
REVOKING PERMITS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN
ORDER TO MINIMIZE TRAFFIC DISRUPTIONS CAUSED BY CONTRACTORS
AND COMMERCIAL VEHICLE OPERATORS OBSTRUCTING PUBLIC RIGHTS-
OF-WAY IN THE CITY; AND FURTHER, DIRECTING THE CITY ADMINISTRATION
TO IMPLEMENT A PLAN TO CONSISTENTLY IDENTIFY ALL MAINTENANCE OF
TRAFFIC ("MOT") RELATED WORK BEING CONDUCTED IN THE CITY AND
PROACTIVELY NOTIFY EACH OF THOSE CONTRACTORS,AT THEIR SPECIFIC
JOB SITE, OF THEIR RESPONSIBILITIES UNDER THE APPROVED MOT PLANS.
- WHEREAS, the City of Miami Beach recognizes the importance of maintaining efficient traffic
flow for the benefit and well-being of its residents and visitors; and -
WHEREAS, traffic congestion in the City is often exacerbated by contractors performing road-
related work and failing to abide by the terms of their maintenance of traffic("MOT") plans, as well as
delivery trucks and unpermitted commercial vehicles temporarily obstructing the public rights-of-way
in violation of Section 82-151 of the City Code; and
WHEREAS, contractors performing work within the City are obligated to adhere to their
MOT/contract guidelines in order to minimize traffic disruptions and maintain adequate and sufficient
traffic flow; and
WHEREAS, persistent violations of MOT guidelines by contractors have led to significant
traffic disruptions, major backups and traffic problems, and serious inconvenience for residents and
visitors; and
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WHEREAS, the City has previously had numerous issues with contractors engaged in
services for the Florida Department of Transportation ("FDOT"), Miami-Dade County("County"), and
Florida Power and Light ("FPL"), among others, due to their respective contractors failing to adhere
to their MOT/contract plans; and
WHEREAS, at times, such contractors willfully ignore the lane closure hours set forth in their
MOT/contract plans (which are typically during non-peak hours, such as 10:00 a.m. —3:30 p.m., on
weekdays, and much more limited hours on weekends)and, instead, close lanes well before and well
after the non-peak hours, which has caused major traffic impacts and created traffic disruptions and
nuisances, during peak hours, for the City's residents and visitors; and
WHEREAS, examples of such incidents include roadwork being performed near the 63rd
Street bridge (which is already problematic due to its numerous openings/closings), with such issues
typically only remedied if the City learns of the violation of an MOT plan and dispatches its Public
Works department to advise the contractor to cease unpermitted construction activities; and
WHEREAS, by way of example, on the morning of February 8, 2024, the City received e-mail
notification from a resident, who along with countless others had to endure severe traffic congestion,
because a contractor had a lane of traffic closed during peak hours (around 8:30 a.m.), as there was •
a closure of the left lane, going southbound, from approximately 68th Street and Harding Avenue
down to 65th Street and Indian Creek Drive; and
WHEREAS, ultimately, the left lane closure (that reduced traffic flow in the area from 3 lanes
down to 2 lanes and caused traffic to back up significantly) was due to overnight work conducted by
a contractor that negligently failed to adhere to their MOT traffic plan and remove cones from the
roadway, a situation which was only remedied once the City contacted the offending contractor; and
WHEREAS, it is imperative for the City to diligently enforce compliance with MOT guidelines,
and proactively mitigate traffic disruptions and ensure public safety; and
WHEREAS, by working with stakeholders and partners (including FDOT, the County and
FPL), in addition to taking action to notify/remind all contractors performing work in the rights-of-way
of the limitations set forth in their MOT/contract plans, the City can reduce these instances of
unnecessary traffic disruptions and delays; and
WHEREAS, the Mayor and City Commission continually desire to direct the Administration to
implement more effective and efficient deterrents to prevent traffic congestion, backups, and
obstructions in the public rights-of-way, and proactively notify contractors performing road work in the
City, via a visit to each job site, of the contractor's responsibilities under the MOT plan and the City's
intent to strictly adhere and enforce such MOT plans.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby direct the City Administration to take a zero tolerance stance by issuing violations, imposing
fines, and revoking permits, to the maximum extent permitted by law, in order to minimize traffic
disruptions caused by contractors and commercial vehicle operators obstructing public rights-of-way
in the City; and further, directing the City Administration to implement a plan to consistently identify
all maintenance of traffic("MOT")related work being conducted in the City and proactively notify each
of those contractors, at their specific job site, of their responsibilities under the approved MOT plans.
PASSED AND ADOPTED this 02/ day of Fehr/4 el , 2024.
ATTEST:
/ Steven Meiner, Mayor
/i FHB 2 3 2024
Rafael E. Granado, City Clerk
(Sponsored by Mayor Steven Meiner) =t g 'c'ys, APPROVED AS TO
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Co-Sponsored by Commissioner Joseph Magazine FORM &LANGUAGE
'IN[4RP ORATEDI = &FOR EXECUTION
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City Attorney 1,1pc Date
2
Resolutions-C7 V
MIAMIBEACH
• COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 21, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE. CITY ADMINISTRATION
TO TAKE A ZERO TOLERANCE STANCE BY ISSUING VIOLATIONS,
IMPOSING FINES, AND REVOKING PERMITS, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN ORDER TO MINIMIZE TRAFFIC
DISRUPTIONS CAUSED BY CONTRACTORS AND COMMERCIAL
VEHICLE OPERATORS OBSTRUCTING PUBLIC RIGHTS-OF-WAY IN THE
CITY; AND FURTHER, DIRECTING THE CITY ADMINISTRATION TO
IMPLEMENT A PLAN TO CONSISTENTLY IDENTIFY ALL MAINTENANCE
OF TRAFFIC ("MOT") RELATED WORK BEING CONDUCTED IN THE CITY
AND PROACTIVELY NOTIFY EACH OF THOSE CONTRACTORS, AT
THEIR SPECIFIC JOB SITE, OF THEIR RESPONSIBILITIES UNDER THE
APPROVED MOT PLANS.
BACKGROUND/HISTORY
Was the. Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Resolution was prepared at the request of the sponsor, Mayor Steven Meiner.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The sponsor of this item requests that the Administration be prepared to address the fiscal
impact of this proposed measure, if any, at the City Commission Meeting.
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
Page 396 of 1278
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Steven Meiner
ATTACHMENTS:
Description
❑ Resolution
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Page 397 of 1278