BIE - Stop the Pause (8/21/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachtl.gov
TO:Mayor Steven Meiner and Members of the City Commission
FROM:Eric Carpenter,City Manager CZ,~~~
MEETING DATE:September 11,2024
SUBJECT:BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2 OF THE CODE OF THE
CITY OF MIAMI BEACH,ENTITLED "ADMINISTRATION,"BY AMENDING
ARTICLE II,ENTITLED "CITY COMMISSION,"AND CREATING SECTION 2-18
ENTITLED "STOP THE PAUSE POLICY"TO ESTABLISH MINIMUM VOTING
THRESHOLDS RELATING TO CRITICAL INFRASTRUCTURE PROJECTS
HAVING AN ESTIMATED CONSTRUCTION COST ABOVE A STATED
THRESHOLD;AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law.
D The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,including,
but not limited to,any Federal,State,local,or private grant or other financial assistance
accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or
D The proposed Ordinance is enacted to implement the following:
a.Part II of Chapter 163,Florida Statutes,relating to growth policy,county and municipal
planning,and land development regulation,including zoning,development orders,
development agreements and development permits;
b.Sections 190.005 and 190.046,Florida Statutes,regarding community development
districts;
c.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4),Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals to the
Ordinance itself,which are attached hereto.
2.The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private,for-profit businesses in the City of Miami Beach,that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur;that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible,and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
14.Additional comments:None.
Ordinances -RS AJ
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Commissioner Alex Fernandez
DATE:
TITLE:
July 24,2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH,ENTITLED "ADMINISTRATION,"BY AMENDING ARTICLE II,
ENTITLED "CITY COMMISSION,"AND CREATING SECTION 2-18 ENTITLED
"STOP THE PAUSE POLICY"TO ESTABLISH MINIMUM VOTING THRESHOLDS
RELATING TO CRITICAL INFRASTRUCTURE PROJECTS HAVING AN
ESTIMATED CONSTRUCTION COST ABOVE A STATED THRESHOLD;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
At the request of the Commissioner Alex J.Fernandez,the proposed Ordinance is presented to
the Mayor and City Commission for consideration.
The City of Miami Beach recognizes the importance of critical infrastructure projects that are
essential to the health,safety,and well-being of its residents,commuters,and visitors.
As recognized by the Mayor and City Commission in Resolution No.2024-33144 and by the Office
of the Inspector General in OIG Opinion Nos.24-05 and 24-12,it is in the best interest of the City
to ensure that such critical infrastructure projects proceed without unnecessary interruptions or
modifications once they have reached advanced stages of design or are shovel-ready.
The proposed Ordinance would codify more stringent voting thresholds necessary to take any
action that would have the effect of pausing,delaying,stopping or materially modifying critical
infrastructure projects at advanced stages to ensure continuity and completion,while allowing for
exceptions in the case of unforeseen site conditions that materially impact the cost of the project,
funding limitations,and/or funding emergencies,and provided,the Ordinance would not in any
way limit the Commission's ability to accept the recommendation of the City Manager to reject all
bids,to take any action the Commission deems necessary to protect the City's rights under a
contract with a design consultant or contractor.In addition,the Ordinance contemplates that the
approval of (a)material changes to increase the scope of a critical infrastructure project having
an estimated construction cost of $1,000,000 or more or (b)to approve an increase to the contract
price relating to such a critical infrastructure project shall continue to require only a simple majority
(i.e.417th)vote of the City Commission.
The proposed Ordinance also clarifies its scope by defining "critical infrastructure projects"as
only the following:
(i)Projects relating to fire flow,stormwater systems,potable water,and sanitary sewer projects
deemed by the city manager to be critical due to risk of failure;
(ii)Utility projects to replace and/or upgrade systems that are at or near capacity;and
(iii)Neighborhood Improvement Projects ("NIPs")that have been approved by the city
commission,that may include resiliency-related improvements such as road raising and
harmonization.
FISCAL IMPACT STATEMENT
NIA
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on .
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O.Bond
Project?
No
Was this 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 the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
1°Rdg,Ch.2,Stop the Pause Policy.(Fernandez)CA
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2 OF THE
CODE OF THE CITY OF MIAMI BEACH,ENTITLED
"ADMINISTRATION,"BY AMENDING ARTICLE II,ENTITLED "CITY
COMMISSION,"AND CREATING SECTION 2-18 ENTITLED "STOP
THE PAUSE POLICY"TO ESTABLISH MINIMUM VOTING
THRESHOLDS RELATING TO CRITICAL INFRASTRUCTURE
PROJECTS HAVING AN ESTIMATED CONSTRUCTION COST ABOVE
A STATED THRESHOLD;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach recognizes the importance of critical infrastructure
projects that are essential to the health,safety,and well-being of its residents,commuters,and
visitors;and
WHEREAS,such critical infrastructure projects,which for purposes of this Section,shall
be defined to include:
•Projects relating to fire flow,stormwater systems,potable water,and sanitary sewer
projects deemed critical due to risk of failure.
•Utility projects to replace and/or upgrade systems that are at or near capacity.
•Neighborhood Improvement Projects (NIPs)that have been approved by the city
commission,that may include resiliency-related improvements such as road raising and
harmonization;and
WHEREAS,it is in the best interest of the City to ensure that such critical infrastructure
projects proceed without unnecessary interruptions or modifications once they have reached
advanced stages of design or are shovel-ready;and
WHEREAS,the City Commission believes it is prudent to establish a higher threshold of
approval to pause,delay,stop,or materially modify critical infrastructure projects at advanced
stages to ensure continuity and completion,while allowing for exceptions in the case of
unforeseen site conditions that materially impact the cost of the project,funding limitations,and/or
funding emergencies,and provided,this policy shall not in any way limit the Commission's ability
to accept the recommendation of the City Manager to reject all bids or to take any action the
Commission deems necessary to protect the City's rights under a contract with a design
consultant or contractor;and
WHEREAS,establishing such higher thresholds of approval to pause,delay,stop or
materially modify projects will also result in substantial cost savings to taxpayers.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.Article II of Chapter 2 of the Code of the City Miami Beach is hereby amended to
create Section 2-18 as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE II.CITY COMMISSION
Sec.2-18.Stop the Pause Policy.
(1 Definitions.
For purposes of this section only:
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(a)critical infrastructure projects shall be defined to include.
(i)Projects relating to fire flow,stormwater systems,potable water,and sanitary
sewer projects deemed by the city manager to be critical due to risk of failure;
(ii)Utility projects to replace and/or upgrade systems that are at or near capacity;
and
(iii)Neighborhood Improvement Projects ("NIPs")that have been approved by the
city commission,that may include resiliency-related improvements such as road
raising and harmonization.
(2)Voting Requirements to Pause,Delay,Stop or Materially Modify Critical Infrastructure
Projects.
(a)A 517th vote of the City Commission shall be required before the City Commission may
take any action that has the effect of pausing.delaying.stopping or materially modifying a critical
infrastructure project (as defined herein)haying an estimated construction cost of $1,QQQ,QQQ or
more that is at least at 60%design.
(b)A 617th vote of the City Commission shall be required before the City Commission may
take any action that has the effect of pausing,delaying.stopping or materially modifying a critical
infrastructure project having an estimated construction cost of $1,000,000 or more that has
obtained all permits and is shovel-ready.
(c)_Notwithstanding the requirements of subsections (a)and (b)only a 4 7 vote shall_be
required for the Commission to take any action that has the effect of pausing,delaying,stopping
or materially modifying a critical infrastructure project having an estimated construction cost of
$1,000,000 or more in the event of (il unforeseen site conditions that materially impact the cost
of construction,(ii)funding limitations,and/or (iii)funding emergencies.and provided,the
provisions of this section shall_not in any way limit the Commission's ability,on_a4/7 vote_to
accept the recommendation of the City Manager to reject all bids or to take any action the
Commission deems necessary to protect the City's rights under a contract with a design
consultant or contractor.
(g]Notwithstanding anything_to the contrary_n this section,_with regard to crtical
infrastructure projects haying an estmated construction cost of1,QQ QQQ gr_more,the approval
gf [iymateray changes to increase the scope of any such critical infrastructure project or _[ii]an
increase to the contract price for any such project shall continue to require a simple majority (i.e.
417th)vote of the commission.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity
SECTION 4.CODIFICATION.
lt is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the Code
of the City of Miami Beach.Florida.The sections of this Ordinance may be renumbered or
relettered to accomplish such intention,and the word "ordinance"may be changed to "section,"
article,"or other approprate word
SECTION 5.EFFECTIVE DATE.
Thus Ordinance shall take effect on the day of,2024
PASSED AND ADOPTED thus day of 2024
ATT EST:
Steven Meiner.Mayor
Rafael E.Granado.City Clerk
(Sponsored by Commissioner Alex J Fernandez)
Underline denotes additions
Strike through denotes deletions
A P P R O V ED A S T O
FO R M &LA N G UAG E
&FOR EXECUTION
City Automey
J,lo24
Date