20110119_Bookmarked_OCR_Agenda_OptimizedMIAMIBEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 19,2011
Mayor Matti Herrera Bower
Vice-Mayor Michael G6ngora
Commissioner Jorge Exposito
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with
the City Commission, any City Board or Committee, or any personnel as defined in the subject
Code sections. Copies of the City Code sections on lobbyists laws are available in the City
Clerk's Office. Questions regarding the provisions of the Ordinance should be directed to the
Office of the City Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to the alternate meeting date which will only be held if needed. In addition, the
Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
Call to Order - 9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 1 :00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Aclenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business and Commission
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
We are committed to providing excellent public service and safety to all who live, work, and play h our vibrant, tropical, historic community.
Consent Agenda, January 19,201 1
Presentations and Awards
PA1 Certificates Of Completion To Be Presented To The Graduates Of Leadership Academy Fall 201 0.
(Page 3)
(City Manager's Office)
PA2 Certificates Of Completion To Be Presented To The Graduates Of "Academia De Liderazgo" 201 0.
(City Manager's Office)
PA3 Certificates Of Appreciation To Be Presented To Officer Of The Month Awardees.
(Requested by Commissioner Jorge Exposito)
PA4 Certificate Of Appreciation To Be Presented To Captain Elmore For Graduating From The FBI
National Academy.
(Requested by Commissioner Jorge Exposito)
PA5 Certificates Of Recognition To Be Awarded To The Miami Beach Senior High School Environmental
Club.
(Requested by Vice-Mayor Michael Gongora)
PA6 Proclamation To Be Presented To Grand Rabbi Levi Y. Horowitz In Memoriam Of His Work With
ROFEH International.
(Requested by Commissioner Jorge Exposito)
PA7 Certificate Of Recognition To Be Presented To The Slone Square Barber Shop.
(Requested By Commissioner Jonah Wolfson)
PA8 Certificate Of Recognition To Be Presented To lsbelia Castejon, Participant In UNIDADrs Senior
Placement Program.
(Requested By Commissioner Jonah Wolfson)
PA9 Certificate Of Recognition To Be Presented Rainbow Intergenerational Child Care.
(Requested By Commissioner Jonah Wolfson)
PA10 Certificate Of Appreciation To Be Presented To Detective Juan Sanchez From The Miami Beach
Police Department.
(Requested by Commissioner Jorge Exposito & Vice-Mayor Michael Gongora)
PA1 1 Certificate Of Appreciation To Be Presented To Jose Alberto, Code Compliance Administrator.
(Requested by Commisioner Jonah Wolfson)
Consent Agenda, January 19,201 1
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
Request For Approval To Award A Contract, Pursuant To lnvitation To Bid No. 50-09110, For The
Police Station Elevators Renovation; Authorize The Administration To Engage In Value Engineering
To Further Reduce The Cost And Time For Completion Of Said Project; Authorize The Mayor And
City Clerk To Execute An Agreement With XPERT Elevator Services, Inc., In The Amount Of
$229,999, For The Construction Of The Project, Plus Approve A Project Contingency In The Amount
Of $22,999.90, For A Grand Total Not To Exceed $252,998.90; From Funds Previously Appropriated
In The Fiscal Year 200812009 Capital Renewal And Replacement Budget, In Account Number 125-
6335-000350. (Page 7)
(Capital Improvement Projects)
Request For Approval To Issue A Request For Proposals (RFP) For Wide Area Network (WAN)
Services To Provide Computer Network Connectivity Between The Main And Remote City Facilities.
(Page 13)
(Information Technology)
Request For Approval To Award A Contract To Safe Air Corporation, Pursuant To lnvitation To Bid
No. 01-1 011 1 For The Purchase, Installation And Maintenance Of Vehicle Exhaust Removal Systems
Within The City's Fire Department Facilities, In The Amount Of $92,108. (Page 17)
(Fire Department)
Request For Approval To Award A Contract To Control Communications, Inc. Pursuant To lnvitation
To Bid (ITB) No. 52-0911 0 For The Purchase And Installation Of Fire Station Alerting Systems, In The
Amount Of $138,950, Plus A Ten Percent Contingency In The Amount Of $13,895 For A Total
Estimated Amount Of $1 52,845. (Page 21)
(Fire Department)
Request For Approval To Award A Contract To Peterson's Harley Davidson Of Miami, LLC., For The
Lease Of Fifteen (15) Police Motorcycles Plus Two (2) Spare Motorcycles For The City's Police
Department, In The Estimated Annual Amount Of $99,000, Pursuant To lnvitation To Bid (ITB) No.
21-09/10, For The Lease Or Purchase Of Police Motorcycles For The City Of Miami Beach.
(Page 25)
(Fleet Management)
iii
nt Agenda, January 19,201 1
C4 - Commission Committee Assignments
Referral To The Land Use And Development Committee - Discussion On Artificial Grass At Hotels
And Homes And The Planning Department Procedure For Approving Same. (Page 35)
(Requested by Commissioner Jonah Wolfson)
Referral To The Land Use And Development Committee - Discussion Regarding The Notice
Requirements For All Land Use Boards. (Page 37)
(Requested by Commissioner Jonah Wolfson)
Referral To The Land Use And Development Committee - Discussion Regarding A Recommendation
Of The Disability Access Committee To Create A Lane Of Travel On The 1 100 Block Of Lincoln Road
From Lenox To Alton Road To Accommodate Disabled Individuals. (Page 39)
(Requested by Mayor Matti Herrera Bower)
Referral To The Land Use And Development Committee - Discussion Concerning A Location For A
Skate Park In Miami Beach. (Page 41)
(Requested by Vice-Mayor Michael Gongora)
Referral To The Finance And Citywide Projects Committee - Discussion Regarding Incentives For
Faqade Renovation In North Beach Commercial Corridors. (Page 43)
(Requested by Commissioner Jonah Wolfson)
Referral To The Finance And Citywide Projects Committee To Discuss A Proposed Lease Agreement
With Aroma Cafe, Inc., For Use Of The City-Owned Property Located At 1661 Pennsylvania Avenue,
Units F And G. (Page 45)
(Real Estate, Housing & Community Development)
Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Licensing And
Authorization Requirements For Mobile Food Trucks And Proposal For A City Sponsored Food Truck
Festival. (Page 47)
(Requested by Commissioner Edward L. Tobin & Vice-Mayor Michael Gongora)
Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding An Incentive
Program To Vendors Of Boat And Aquatic Rental Equipment Providing Services In North Shore Open
Space Park. (Page 49)
(Requested by Commissioner Edward L. Tobin)
Referral To Transportation And Parking Committee And Finance And Citywide Projects Committee -
Discussion Regarding A Resolution Of The Miami Beach Convention Center Advisory Board Urging
Consideration For The Creation Of A Reduced Parking Rate Pilot Program At The Preferred Parking
Lot (P-Lot) For All Food And Beverage Social Events At The Convention Center. (Page 51)
(Tourism & Cultural Development)
Consent Agenda, January 19,201 1
C4 - Commission Committee Assignments
C4J Referral To The Planning Board - Discussion On A Possible Code Amendment To Allow For A
Restaurant Operator To Request Conditional Use Permit To Permit A Limited Entertainment License
For Restaurants. (Page 53)
(Requested by Commissioner Edward L. Tobin)
C4K Referral To The Neighborhoods/Community Affairs Committee - Discussion On The Co-Designation
Of Portions Of Venetian Causeway As Judge Irving Cypen Way. (Page 55)
(Requested by Commissioner Jonah Wolfson)
C6 - Commission Committee Reports
C6A Report Of The Neighborhoods/Community Affairs Committee Meeting On December 14, 2010: 1)
Discussion Regarding Whether The City Should Have A General Standing Rule To Waive Certain
Fees, Such As Parking And Other, Related To Reconstruction Of Private Property Damaged Due To
A Severe Storm Event Or Similar Nature Event. 2) Status Of Technology Recommendations In The
Transparency, Reliability, Accountability Committee (TRAC) Report. 3) Status Of The Jerry Moss And
Luis Hernandez Memorial Plaque Placements. 4) Discussion Regarding The Placement Of A Plaque
On The Board Walk In Honor Of Norman Ciment. 5) Discussion Regarding The Renaming Of The
Handball Courts At Flamingo Park To Richard Bower, Mayor Bower's Late Husband. 6) Discuss The
Placement Of A Small Plaque At The Bus Shelter Located In Front Of 3801 Collins Avenue In
Memory Of Mr. Harold Tillman Who Was Instrumental In The Placing Of The Bus Shelter There And
Recently Passed Away. 7) Discussion Regarding An Amendment To Increase The Membership On
The Disability Access Committee (DAC). 8) Discussion Regarding An Ordinance Amending Chapter
70 Of The Miami Beach City Code Entitled "Miscellaneous Offenses" By Amending Article Ill, Entitled
"Graffiti", By Amending Division I, Entitled "Generally," By Amending Section 70-126, Entitled
"Responsibility Of Property Owner(s) To Remove Graffiti; Graffiti Removal And Notice; Enforcement",
By Amending The Responsibilities Of Property Owners With Regard To The Abatement Of Graffiti
And Amending Enforcement Provisions. 9) Discussion Regarding What To Do With The Off-Leash
Area For Dogs During Construction Of The Public Art Project By The Artist Tobias Rehberger In
South Pointe Park. 10) Discussion Regarding Restructuring The Safety Committee. 11) Discussion
Regarding The Issue Of A Parking Problem By The Hebrew Academy. (Page 67)
C6B Report Of The Capital Improvement Projects Oversight Committee Meeting On November 8,2010: 1)
Attendance. 2) Review And Acceptance Of Minutes. 3) Old Business, A) Normandy Shores; B)
Venetian Islands; C) Sunset Islands I & 11; D) Sunset Islands Ill & IV; E) Palm & Hibiscus; And F)
FlamingoNVest Avenue Neighborhood. 4) Commission Items: Precast Transformer Location
Agreement With Florida Power And Light. 5) Discussion. (Page 73)
Consent Agenda, January 19,201 1
C6 - Commission Committee Re~orts (Continued)
C6C Report Of The Land Use And Development Committee On December 13,2010: 1) Discussion On
The lssuance Of A Request For Proposal (RFP) To Develop A City-Wide Transportation Plan. 2)
Discussion To Tighten The City Ordinance Involving Conditional Use Procedure For Second Hand
Stores. 3) Discussion Regarding RM-3 Districts And Requiring Any Transient Rental To Comply With
State And City Law, Sales Tax Being Paid And Guests Being Registered In Occupancy At A Front
Desk Operation. 4) Discussion Of Lessening The Intensity Of The 1-1 District. 5) Alton Road Historic
District Buffer Overlay. 6) Ordinance Providing A Recycling Program For Multi-Family Residences And
Commercial Establishments. (Page 77)
C6D Report Of The Finance And Citywide Projects Committee Meeting On December 16, 2010: 1)
Discussion Regarding Recent Billing Of Parking Impact Fees And The Possibility Of A Moratorium
Due To Present Economic Market Conditions (October 14, 2010 F&CWP ltem 8). 2) Discussion
Regarding A Fire Services Assessment Study (July 7, 201 0 F&CWP). 3) Discussion Regarding
Including The "Corporate Responsibility" Criterion In The Request For Proposal (RFP) To Provide
Parking CashiersIAttendants And Supervisors For The City's Parking Garages. (October 14, 2010
F&CWP ltem 2). 4) Discuss A Resolution Approving The Miami Beach Sustainability Master Plan
(September 15, 2010 Commission ltem C4K). 5) Discussion Of Drainage Of The Sunset Harbor
Neighborhood To Repair Pumps (September 20, 2010 Commission ltem R7D). 6) Discussion
Regarding The lssuance Of A Request For Proposals (RFP) To Award A Concession Agreement For
The Management And Operation Of A Hop-On-Hop-Off City Bus Tour Service From Various
Locations In The City. (October 27, 201 0 Commission ltem C4A). 7) Line Of Credit. (Page81)
C7 - Resolutions
C7A A Resolution Retroactively Approving And Authorizing The City Manager Or His Designee To Submit
A Grant Application To: I) The State Of Florida, Division Of Historical Resources For The Small
Matching Historic Preservation Grants Program For Funding In An Amount Not To Exceed $10,000
For The City's North Beach MiMo Public Awareness Program, And 2) To Miami-Dade County
Homeless Trust For Funding For Identification Assistance Services For Homeless Individuals And
Families In An Amount Not To Exceed $50,000 For The City's Homeless Outreach Program;
Appropriating The Above Grants, And Matching Funds As Necessary If Approved And Accepted By
The City, And Authorizing The Execution Of All Necessary Documents Related To These Applications
(Page 89)
(Budget & Performance Improvement)
C7B A Resolution Retroactively Approving And Authorizing The Mayor And City Clerk To Execute An
Agreement With The State Of Florida, Department Of Business And Professional Regulation, Division
Of Hotels And Restaurants, Delegating To The City Of Miami Beach The Authority Under Chapter
399, Florida Statutes, To Issue Elevator Construction Permits, Temporary Operation Permits, And
Certificates Of Operation; Provide Inspection Of Elevators; And Enforce The Elevator Safety Code
Within The City Of Miami Beach For All Elevators, Except For Elevators Owned By Miami-Dade
County. (Page 97)
(Building Department)
Consent Agenda, January 19,201 1
C7 - Resolutions (Continued)
A Resolution Approving And Authorizing The Reallocation Of Funds In The Amount Of $746,579,
From The South Pointe Phases Ill, IV And V Right Of Way Project Construction Savings, To The
South Pointe Phase II Right Of Way Project, For The Construction Of 3rd Street Improvements, As
Additional Scope Of Work, For The City Of Miami Beach Right Of Way Infrastructure lmprovement
Program, Neighborhood No. 12C, South Pointe Phase I1 Project; And Further Approving A Change
Order In The Amount Of $678,708 To The Agreement Between The City And Horizon Contractors,
Inc., For Neighborhood No. 12C, South Pointe Phase II Right Of Way Project, And $67,871 In
Contingency For This Work; With Funding Available From Previously Appropriated South Pointe
Capital Fund 389 In The Amount Of $746,579. (Page 125)
(Capital lmprovement Projects)
C7D A Resolution Setting A Public Hearing Pursuant To Miami Beach City Code Section 118-563 To
Consider Granting A Certificate Of Appropriateness For The Demolition Of The 53rd Street
Restrooms, Located At 5301 Collins Avenue. (Page 133)
(Capital lmprovement Projects)
A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver
To Be In The Best Interest Of The City, And Approving And Authorizing The Mayor And City Clerk To
Execute A Project Management Services Agreement Between The City And Unidad Of Miami Beach,
Inc., A Florida Not-For-Profit Corporation, For Project Management Services Relative To The
Architectural And Construction Work Elements To Include Construction Of A Terrace, Tree
Relocation, And Utilities Adjacent To The North Beach Community Center, Located At 7251 Collins
Avenue, Miami Beach, Florida, In The Estimated Amount Of $477,368, Which Includes A 10%
Contingency; And Further Authorizing The Mayor And City Clerk To Execute The Agreement Upon
Receipt Of City Attorney's Form Approval. (Page 139)
(Capital lmprovement Projects)
C7F A Resolution Approving The Settlement In The Amount Of $50,000 Of A City Lien On Property Owned
By Park Front Condominium Association, Inc., Located At 1319 Meridian Avenue, In The Original
Amount Of $193,334.53, And Further Authorizing The City Manager To Take Such Action And
Execute Any And All Necessary Documents To Complete Such Lien Release And Settlement.
(Page 145)
(Finance Department & City Attorney's Office)
A Resolution Authorizing A Sole Source Upgrade To The City's Laserfiche Records Management
System (RMS) To Laserfiche Avante Enterprise Content Management System (ECM) For The
Planning Department And Citywide Purchases In The Amount Of $26,139 Software Licenses And
Professional Services In The Amount Of $14,278; And Annual Maintenance In The Amount Of
$30,029, Pursuant To Section 2-367 (d) Of The Miami Beach City Code, From R&S Integrated
Products And Services, Inc., ("R&Sn), The Sole Source Manufacturer And Provider Of Document
Shuttle Pro Software, Laserfiche Software And Integration, To Disparate Software Systems Using
R&S And Laserfiche Technologies. (Page 151)
(Information Technology)
vii
Consent Agenda, January 19,201 1
C7 - Resolutions (Continued)
C7H A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee
Regarding The Placement Of A Memorial Plaque On The City's Boardwalk Near The 41st Street
Entrance Honoring Judge Norman Ciment And Setting A Public Hearing For Final Approval Of The
Placement Of Said Plaque In Accordance With Section 82-504 Of The City Code. (Page 159)
(Parks & Recreation)
C71 A Resolution Approving, On A Month-To-Month Basis Until Such Time That The Administration Fully
Evaluates The Potential Option For Corporate Sponsorship And Either Approves A Sponsorship
Agreement Or A New Contract Is Awarded Via The Competitive Bidding Process, The Following
Lease Schedules With Siemens Financial Services For Turf Equipment, As Specified Herein, For The
Miami Beach Golf Club, Pursuant To Siemens Master Lease Agreement With The City: 1) Lease
Schedule #729-0051308-001, Retroactive To May 30,201 0; 2) Lease Schedule #729-0051308-002,
Retroactive To July 17,201 0; And 3) Lease Schedule #729-0051308-003, Retroactive To January 10,
201 1 ; Authorizing The Mayor And City Clerk To Execute All Lease Schedules With Siemens Financial
Services; And Further Authorizing The City Manager, At His Discretion, To Terminate The Master
Agreement And/or Schedules. (Page 165)
(Parks & Recreation)
C7J A Resolution Recommending In Favor Of Listing The Proposed Lincoln Road Mall Historic Site On
The National Register Of Historic Places. (Page 171)
(Planning Department)
C7K A Resolution Authorizing The City Manager And City Clerk To Execute A Multi-Agency Voluntary
Cooperation Mutual Aid Agreement Between The City Of Miami Beach, On Behalf Of The Miami
Beach Police Department, And The Office Of The Attorney General, Child Predator Cyber Crime Unit,
In Order To Combat The Online Sexual Exploitation Of Children, The Manufacturing And Distribution
Of Child Pornography, And Other Related Criminal Violations, Which Shall Serve To Disrupt Those
Persons And Organizations Engaged In Such Criminal Activities. (Page 177)
(Police Department)
C7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Interlocal
Agreement Between Miami-Dade County And The City Of Miami Beach In The Amount Of
$945,460.98 For The Purchase Of Two (2) Minibuses For Bus Routes In Miami Beach, With Funding
From A Federal Transit Administration American Recovery And Reinvestment Act Grant.
(Page 181)
(Public Works)
C7M A Resolution Approving And Authorizing The Execution Of Amendment No. Three To The Joint
Participation Agreement By And Between The City And The Florida Department Of Transportation,
Dated October 31, 2007, For The Milling And Resurfacing Improvements Along Indian Creek Drive
(SR AIA) Between 26 And 41 Streets, To Extend The Contract For An Additional Five Months,
Through And Including June 30, 201 1 And To Extend The Final Invoice Submittal Date To October
28,201 1. (Page 225)
(Public Works)
viii
Consent Agenda, January 19,201 1
C7 - Resolutions (Continued)
C7N A Resolution Approving And Adopting The Miami Beach Sustainability Plan. (Page 251)
(Public Works)
C70 A Resolution Approving A Second Amendment To The Fiscal Year 2009/10 Home Program
Agreement Between The City Of Miami Beach And The Miami Beach Community Development
Corporation To Reallocate $223,786 From The Meridian Place Apartments Housing Project, Located
At 530 Meridian Avenue, And $200,000 From The Barclay Apartments Project, Located At 1940 Park
Avenue, For A Total Of $423,786, To The Allen House Apartments Project, Located At 2001
Washington Avenue, Subject To The Completion Of An Underwriting Review. (Page 259)
(Real Estate, Housing & Community Development)
C7P A Resolution Approving And Authorizing The City Manager To Execute A Funding Agreement
Between The City, Miami-Dade County, And UNIDAD Of Miami Beach, Inc. (UNIDAD) Regarding The
Community Development Block Grant Funding Related To UNIDAD's Construction Of The North
Beach Oceanfront CenterIHome Of The UNIDAD Senior Center, Located At 7251 Collins Avenue,
Miami Beach, Florida. (Page 265)
(Real Estate, Housing & Community Development)
C7Q A Resolution Accepting The City Manager's Recommendation, And Approving The Cultural Arts
Council's Funding Recommendations, Awarding $62,500 In Miami Beach Arts Gala Grants, For Fiscal
Year 201 011 1, As Identified In The Attached Exhibit "A; And Further Authorizing The Mayor And City
Clerk To Execute Said Grant Agreements, And Award Said Grant Monies. (Page 277)
(Tourism & Cultural Development)
End of Consent Agenda
Presentations and Awards
PA1 Certificates Of Completion To Be Presented To The Graduates Of Leadership Academy
Fall 2010.
(City Manager's Office)
PA2 Certificates Of Completion To Be Presented To The Graduates Of "Academia De
Liderazgo" 201 0.
(City Manager's Office)
PA3 Certificates Of Appreciation To Be Presented To Officer Of The Month Awardees.
(Requested by Commissioner Jorge Exposito)
PA4 Certificate Of Appreciation To Be Presented To Captain Elmore For Graduating From
The FBI National Academy.
(Requested by Commissioner Jorge Exposito)
PA5 Certificates Of Recognition To Be Awarded To The Miami Beach Senior High School
Environmental Club.
(Requested by Vice Mayor Michael Gongora)
PA6 Proclamation To Be Presented To Grand Rabbi Levi Y. Horowitz In Memoriam Of His
Work With ROFEH International.
(Requested by Commissioner Jorge Exposito)
PA7 Certificate Of Recognition To Be Presented To The Slone Square Barber Shop.
(Requested By Commissioner Jonah Wolfson)
PA8 Certificate Of Recognition To Be Presented To lsbelia Castejon, Participant In UNIDAD's
Senior Placement Program.
(Requested By Commissioner Jonah Wolfson)
PA9 Certificate Of Recognition To Be Presented Rainbow lntergenerational Child Care.
(Requested By Commissioner Jonah Wolfson)
PA10 Certificate Of Appreciation To Be Presented To Detective Juan Sanchez From The
Miami Beach Police Department.
(Requested by Commissioner Jorge Exposito & Vice-Mayor Michael Gongora)
PA1 1 Certificate Of Appreciation To Be Presented To Jose Alberto, Code Compliance
Administrator.
(Requested by Commisioner Jonah Wolfson)
!
1 I Agenda Itern I //
I Date /-19-11 <
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award A Contract, Pursuant To lnvitation To Bid No. 50-09110, For The Police
Station Elevators Renovation; Authorize The Administration To Engage In Value Engineering To Further
Reduce The Cost And Time For Completion Of Said Project; Authorize The Mayor And City Clerk To Execute
An Agreement With Xpert Elevator Services, Inc., In The Amount Of $229,999, For The Construction Of The
Project, Plus Approve A Project Contingency In The Amount Of $22,999.90, For A Grand Total Not To
Exceed $252,998.90; From Funds Previously Appropriated In The Fiscal Year 200812009 Capital Renewal
And Replacement Budget, In Account Number 125-6335-000350.
Key Intended Outcome Supported:
Ensure well maintained facilities.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that
8712% of residents, and-85% of businesses rated the appearance and maintenance of the City's public
buildings as excellent or good.
Issue: I Shall the City Commission approve the award of the Contract? I
Item SummarylRecommendation:
lnvitation to Bid No. 50-09110 was issued on August 6,2010, with a bid opening date of September9,2010; a I
Pre-Bid Conference was held on August 25, 2010. Three (3) addenda were issued to brovide additional
information and to respond to questions submitted by the prospective bidders, thus extending the bid opening
date to March 19, 2010. Bidsync issued bid notices to 25 prospective bidders. The notices resulted in the
receipt of two (2) bids,
On December 10,2010, the Technical Review Panel (TRP) convened to review, evaluate and rank the bids
submitted for the Police Station Elevators Renovation, and to interview the bidder's key personnel. At the
conclusion of the interviews, the TRP recommended Xpert Elevator Services, Inc. as the lowest and best
bidder.
Xpert Elevator Services, Inc. is a family owned and operated elevator Company specializing in service,
maintenance, repair, modernization, cab restoration, and new construction. Dean A. Beckemeyer, the
Qualifier, has over 18 years of elevator experience. Xpert has recently completed the installation of five
elevators at the Omphoy Beach Resort in West Palm Beach, and the modernization of a total of eight
elevators for various condominiums, including Mayan Towers South, Shores of Wellington, Peruvian Terrace
and Wellesley Park Apartments.
I APPROVE THE AWARD OF CONTRACT. I
Advisory Board Recommendation: I NIA I
Financial Information:
I
Source of
Funds:
I Financial Impact Summary: I
u
OBPl
City Clerk's Office Legislative Tracking:
1 Gus Lopez Ext. 6641
2
3
1
. V
I\ITB 50-09-10 Police Station Elevators Renovation SUMMARY.doc
5
Total
Amount
$252,998.90
$252.998.90
Account
FY 200812009 Capital Renewal and
Replacement Acct. # 125-6335-00350
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1
SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO
INVITATION TO BID NO. 50-09110, FOR THE POLICE STATION ELEVATORS
RENOVATION; AUTHORIZE THE ADMINISTRATION TO ENGAGE IN VALUE
ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR
COMPLETION OF SAID PROJECT; AUTHORIZE THE MAYOR AND CITY
CLERKTO EXECUTE AN AGREEMENT WITH XPERT ELEVATOR SERVICES,
INC., IN THE AMOUNT OF $229,999, FOR THE CONSTRUCTION OF THE
PROJECT, PLUS APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $22,999.90, FOR A GRAND TOTAL NOT TO EXCEED $252,998.90; FROM
FUNDS PREVIOUSLY APPROPRIATED IN THE FISCAL YEAR 200812009
CAPITAL RENEWAL AND REPLACEMENT BUDGET, IN ACCOUNT NUMBER
125-6335-000350.
ADMINISTRATION RECOMMENDATION
Approve the award of contract.
KEY INTENDED OUTCOME
Ensure well-maintained facilities.
FUNDING
Funding in the amount of $252,998.90 has been previously appropriated in Fiscal Year
200812009 Capital Renewal and Replacement Budget as follows:
Construction:
$229,999.00 FY 2008/2009 Capital Renewal and Replacement Account #I 25-6335-00350
Contingency:
$ 22.999.90 FY 200812009 Capital Renewal and Replacement Account #I 25-6335-00350
$252,998.90 Grand Total
ANALYSIS
The Project Scope of Work consists of the complete modernization of two (2) passenger
elevators and one (1) service elevator at the Police Headquarters building, located at'l100
Washington Avenue. The work will include the installation of new hydraulic power units, new
controller systems, new door operators, modifications to elevator pit, hoistway and elevator
machine room as required to comply with current Florida Building Code regulations.
City Commission Memorandum - Police Station Elevators Renovation Contract Award Memo
January 19,201 1
Page 2 of 4
BID PROCESS
Invitation to Bid No. 50-09110 (the "ITB) was issued on August 6, 201 0, with a bid opening
date of September 9, 2010; a Pre-Bid Conference was held on August 25, 201 0. Three (3)
addendums were issued to ~rovide additional information and to respond to questions
submitted by the prospective bidders, thus extending the bid opening bate to 0ctober 5,
201 0.
Bidsync issued bid notices that resulted in 25 prospective bidders downloading andlor
viewing the ITB. The notices resulted in the receipt of two (2) bids as shown in Table 1
below. A total of seven elevator contractors attended the pre-bid meeting, including, in
addition to the two bidders, ThyssenKrupp Elevator, Otis Elevator Company, Mowery
Elevator, Oracle Elevator and Schindler Elevator.
The Procurement Division requested information from the companies that opted not to bid.
Schindler and Mowery did not provide a response. The other companies responded as
follows:
Otis had its sister company (CentrellX) bidding the project.
ThyssenKrupp had personnel on leave, and therefore elected not to bid.
Oracle Elevator had simultaneous projects bidding at the same time, and elected not
to bid.
In addition to the two bids received, the City had obtained a Job Order Contracting (JOC)
proposal for the renovation of the elevators back in February 201 0. The scope of work has
been revised from the time the JOC proposal was requested, and a new proposal has been
obtained from the JOC contractor. Table 1 below compares bid results to JOC proposal:
Table 1 - Tabulated Results
Xpert Elevator Services, Inc.
CentrellX Elevator Service, Corp.
Deduct Alternate for the installation of thermally powered VAV diffusers in lieu of VAV boxes
to be selected at the discretion of the City.
Matrix Construction Group (JOC)
On December 10,201 0, the Technical Review Panel (TRP) convened to review, evaluate
and rank the bids submitted for the Police Station Elevators Renovation. The TRP consisted
of the following individuals:
$229,999.00
$260,581 .OO
Olga Sanchez, Construction Manager, CIP Office
Charles Fossler, Sr. Capital Projects Coordinator, CIP Office
John Antona, Chief Elevator Inspector, Building Department
Gus Andino, Contracts Coordinator, Property Management
* Includes 1.95% Gordian Group Fee, total of $4,416.48.
*$230,902.61
Prior to the meeting, the TRP voting members were provided with the proposals submitted
by each bidder, the performance evaluation surveys prepared by previous clients of the
bidders, the risk assessment plan and value added submittal, and the resumes of each
firm's team proposed to be assigned to the Project.
$8,747.00
$1,500
$221,252.00
$259,081 .OO
$1,100 $229,802.61
City Commission Memorandum - Police Station Elevators Renovation Contract Award Memo
January 19,201 1
Page 3 of 4
The TRP based its recommendation on the following evaluation criteria:
1. Total Lump Sum Base Bid Price 40 points
2. Qualifications and Experience of bidder 20 points
3. Past Performance 10 points
4. Risk Assessment PlanNalue Added Submittal 10 points
5. Presentation and Interview of Bidder's Key Personnel 20 points
Total 100 points
It was discussed by the TRP before the interviews the importance of the successful bidder
understanding of the lack of space for storage of equipment; the fact that part of the work,
such as fire alarm testing, has to be completed after hours at no additional cost to the City;
and knowledge of the City of Miami Beach Building Department's requirements. In addition
to the one year warranty, the successful bidder must provide a one year preventive
maintenance of the elevator equipment in their bid price.
The Panel scored the bidders as follows:
Table 2
ITB 50-0911 0 - Police Station Elevators Renovation
Note: maximum based on ITB criteria is 100 points.
Xpert Elevator
Services, Inc.
CentrellX Elevator
Company
At the conclusion of the interviews, the TRP recommended Xpert Elevator Services, Inc. as
the lowest and best bidder. Their bid amount included the use of a 20' trailer to store
equipment, and accounted for overtime hourly rates for required inspections after hours.
Xpert Elevator Services, Inc.
Points
95
85
Xpert Elevator Services, Inc. is a family owned and operated elevator Company specializing
in service, maintenance, repair, modernization, cab restoration, and new construction. Dean
A. Beckemeyer, the Qualifier, has over 18 years of elevator experience. Xpert has recently
completed the installation of five elevators at the Omphoy Beach Resort in West Palm
Beach, and the modernization of a total of eight elevators for various condominiums,
including Mayan Towers South, Shores of Wellington, Peruvian Terrace and Wellesley Park
Apartments.
CITY MANAGER'S REVIEW
Ranking
1
2
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and recommends to the Mayor and City Commission the award of a
contract to Xpert Elevator Services, Inc.
It should be noted that the City's regular process of considering the price for projects and its
standard process for bidding construction projects has resulted in a price that is reflective of
the current market. At present, it appears that the market is very competitive and that the
City will continue to receive bids that are lower than those received in the past year or so.
Points
100
97
Ranking
1
2
Points
54
55
Ranking
2
1
Points
95
90
Ranking
1
2
City Commission Memorandum - Police Station Nevators Renovation Contract Award Memo
January 19,201 I
Page 4 of 4
The public procurement process, which is an open and competitive, transparent process,
has again served the City to provide a competitive price for this project, as it has in the past,
with a proposed project cost which is approximately $200,000 lower than the construction
budget.
CONCLUSION
The Administration recommends award of a contract pursuant to Invitation to Bid No. 50-
0911 0, for the Police Station Elevators Renovation; authorize the Administration to engage in
value engineering to further reduce the cost and time for completion of said project;
authorize the Mayor and City Clerk to execute an agreement with Xpert Elevator Services,
lnc., in the amount of $229,999, for the construction of the project, plus approve a project
contingency in the amount of $22,999.90, for a grand total not to exceed $252,998.90; from
funds previously appropriated in the Fiscal Year 200812009 Capital Renewal and
Replacement Budget, in account No. 125-6335-000350.
T:\AGENDA\2011\1-19-11\ITB 50-09-10 Police Station Elevators Renovation MEMO.doc
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title: 1 Request For Approval To Issue A Request For Proposals (RFP) For Wide Area Network (WAN) Services 1 I To Provide Computer Network Connectivity Between The Main And Remote City Facilities I
Key Intended Outcome Supported: I Improve processes through information technology
Issue: 1 Should the Commission approve the issuance of a Request for Proposals? I
Item SummarylRecommendation:
I Pursuant to RFP No. 05-06/07 that was issued on October 47.2006. and as aeeroved bv Commission in I
April 2007, the City entered into an agreement with BellSouth Business system;, which is now known as
AT&T, for WAN Services. The agreement is currently up for renewal of an additional one (1) year term, and
the Administration is recommending that these services be competitively procured in lieu of exercising the
option to renew. In recent months, the Administration has identified additional competitors that provide
WAN services, and it is believed a more competitive agreement can be reached through the RFP process.
The City is seeking WAN network. services that will allow the successful and reliable transmission of
information in different electronic forms from and to all of its locations.
All proposed services must be proven, secure, reliable and cost-effective. All proposers must provide the
necessary security within their network and all interfaces to external components, customer or otherwise,
that will ensure the City is protected and that the proposed services are secure and do not create or cause
liability issues or concerns.
The goal of this RFP is to select a communication provider that can ensures the continuity of the City's
WAN infrastructure and provide a solution that will function as the City's WAN Communication Services and
offers enhancements to meet future communication needs.
I APPROVE ISSUANCE OF AN RFP.
Advisory Board Recommendation: I N/A
I ' OBPl
I I Total 1
I I I
Financial Information:
I I I
Financial Impact Summary: As this is a request to issue an RFP, no funds are being expended at
this time
Account Source of
Funds: I
Amount
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and
FROM: Jorge M. Gonzalez, City Manage
DATE: January19,2011
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS
(RFP) FOR WIDE AREA NETWORK (WAN) SERVICES TO PROVIDE
COMPUTER NETWORK CONNECTIVITY BETWEEN THE MAIN AND
REMOTE CITY FACILITIES.
ADMINISTRATION RECOMMENDATION
Approve the Issuance of an RFP.
KEY INTENDED OUTCOME SUPPORTED
Improve processes through information technology.
ANALYSIS
On October 11, 2006, the City Commission authorized the issuance of an RFP to solicit
proposals for WAN Services.
RFP No. 05-06107 was issued on October 17, 2006 and notices sent to over 30 firms,
which resulted in the receipt of two proposals from the following firms:
BellSouth Business Systems (BellSouth)
Atlantic Broadband (Miami), LLC
In April 2007, the Administration recommended that the Mayor and City Commission
approve the resolution, which recommended the acceptance of the ranking of the firms
and authorizes the Administration to enter into negotiations with BellSouth Business
Systems, Inc. and Atlantic Broadband (Miami), LLC.; and further authorizing the Mayor
and City Clerk to execute agreement(s) upon the completion of successful negotiations
by the Administration.
Pursuant to the above, the City entered into an agreement with BellSouth Business
Systems, which is now known as AT&T. The agreement is currently up for renewal of an
additional one (1) year term, and the Administration is recommending that these services
be competitively procured in lieu of exercising the option to renew. In recent months, the
Administration has identified additional competitors that provide WAN services, and it is
believed a more competitive agreement can be reached through the RFP process.
SCOPE OF SERVICES
The City is seeking WAN network services that will allow the successful and reliable
transmission of information in different electronic forms from and to all of its locations.
Commission Memorandum
Wide Area Network (WAN) Services
January 19,201 1
Page 2 of 3
All proposed services must be proven, secure, reliable and cost-effective. All proposers
must provide the necessary security within their network and all interfaces to external
components, customer or otherwise, that will ensure the City is protected and that the
proposed services are secure and do not create or cause liability issues or concerns.
Miami Beach is presently using WAN services provided by BellSouth, a/Ma AT&T. The
goal of this RFP is to select a communication provider that can provide the following:
1. Ensures the continuity of the City's WAN infrastructure.
2. Provide a solution that will function as the City's WAN Communication Services
and offers enhancements to meet future communication needs.
The City prefers a "turn-key" network services conversion with one proposer being
responsible for furnishing, installing and "de-bugging" all necessary network services,
support hardware, and software components. This preference is supported by
expectations of a higher level of responsiveness to all network related issues when
these are provided by one Proposer. This does not prohibit the City from selecting one
or more Proposer(s) to provide the services requested if they meet the City's
requirements. The proposed network and services must consist of latest available
technologies and transport media. Proposed solutions must possess unquestioned
performance and security integrity. All proposer(s) are required to present in detail all
aspects related to the technical and operational performance of their proposed services
as well as the steps that are taken to ensure secure network services that do not allow
unauthorized access or use.
The following statements outline the City's general requirements:
The City requires a reasonable financial return from the network services leased,
purchased, or rented. Therefore, the City desires the most financially sound
long-term proposal inclusive of services, support, and maintenance.
The City seeks a Proposer(s) that has a record of technical leadership and
innovation in its field.
The City seeks a Proposer(s) who can quickly and readily provide the desired
services with minimum lead-time.
The City reserves the right to award this RFP to a single proposer, more than
one proposer, no proposer, or in part to multiple proposers.
EVALUATION PROCESS
The procedure for response evaluation and selection will be as follows:
1. RFP issued.
2. Receipt of responses.
3. Opening and listing of all responses received.
4. An Evaluation Committee appointed by the City Manager will meet to
evaluate each response in accordance with the requirements of this RFP.
If further information is desired, respondents may be requested to make
additional written submissions or oral presentations to the Evaluation
Committee.
Commission Memorandum
Wide Area Network (WAN) Services
January 19,20 1 1
Page 3 of 3
5. The Evaluation Committee will recommend to the City Manager the
response(s) which the Evaluation Committee deems to be in the best
interest of the City by using the above criteria for selection.
6. After considering the recommendation(s) of the Evaluation Committee,
the City Manager will recommend to the City Commission the response or
responses, acceptance of which the City Manager deems to be in the
best interest of the City.
7. The City Commission will consider the City Manager's
recommendation(s) in light of the recommendation(s) and evaluation of
the Evaluation Committee and, if appropriate, approve the City Manager's
recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another response or responses. In any
case, City Commission will select the response or responses, acceptance
of which the City Commission deems to be in the best interest of the City.
The City Commission may also reject all proposals.
8. Negotiations between the selected respondent and the City take place to
arrive at any fees to be paid to the City. If the City Commission has so
directed, the City may proceed to negotiate a contract with a respondent
other than the top ranked respondent if the negotiations with the top
ranked respondent fail to produce a mutually acceptable contract within a
reasonable period of time.
9. A proposed contract or contracts may be presented to the City
Commission for approval, modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is
made, the Mayor and City Clerk sign the contract(s) after the selected
respondent(s) has (or have) done so.
EVALUATION FACTORS
An Evaluation Committee will be established to review and evaluate all responsive
proposals, taking into consideration the evaluation factors set forth below:
Quality of Proposed Technical Proposal - Project understanding and soundness
of proposed project methodology, including but not limited to: the details and
accuracy of the proposed scope and statement of work and implementation plan,
and the impact of the proposed solution on the operations of the City, and the
demonstrated ability of the solution to enhance operational efficiency and
effectiveness. - 35%
Maintenance and Support - The performance, reliability, and scalability of the
proposed solution - 30%
Financial strength and references - Proposer's financial qualifications and
references to perform the work required by the RFP - 10%
Cost - The cost of recurring maintenance, support costs and other fees - 25%
CONCLUSION
The Administration recommends that the Mayor and Commission authoriie the issuance
of an RFP (Request for Proposals) for wide area network (WAN) services to provide
computer network connectivity between the main and remote City facilities in
accordance with the qualifications; scope of services; and specifications outlined herein.
T:\AGENDA\201 $\I-1 9-1 I\WAN RFP Memo.doc
COMMISSION ITEM SUMMARY
Condensed Title:
1 Reauest For Awwroval To Award A Contract To Safe Air Corworation Pursuant To lnvitation To Bid No. 01- 1
101; 1 For he purchase, Installation, And Maintenance of vehicle Exhaust Removal Systems Within The
City's Fire Department Facilities,
Key Intended Outcome Supported:
Increase resident ratings of public safety services
Supporting Data (Surveys, Environmental Scan, etc.):
Issue: I Shall the Commission Approve the Award of Contract? I
Item Summary1Recommendation:
I Most fire apparatus are diesel operated and are stored within the City's Fire Stations and in the Fire Shop. I
Living and' working facilities are located within the same building without effective barriers in place to
prohibit vehicle emissions from entering the living areas, working areas, cooking areas, dining areas, gym
facilities and dormitories.
The City of Miami Beach Fire Department was awarded Grant Agreement No. EMW-2009-FO-10767, for
vehicle exhaust removal systems, pursuant to FEMA Assistance to Firefighters Grant Program -
Operations and Safety Program.
lnvitation to Bid No. 01-10111 was issued on November 10,2010, to establish a contract for the purchase,
installation and maintenance of vehicle exhaust removal systems. Bids were received from Air Technology
Solutions, Inc.; Clean Air Concepts; Environmental Control, Inc.; and Safe Air Corporation.
The lowest and best bid was received from Safe Air Corporation for the Plymo Vent Magnetic Grabber
Vehicle Exhaust Extraction System.
I Approve the Award of Contract. I
Advisory Board Recommendation: 1 NIA
Financial Information:
I
I I I I
Financial Impact Summary: I
City Clerk's Office Legis tive Tracking: P
Appruyed Source of
Funds:
2
3
Total
$30,108
$92,108
Account
Federal share, Grant Program
Agreement No. EMW-2009-FO-
10767; Account #I 93-6046-000674
I
FY201012011 General Fund
Operating Contingency
Amount
$62,000
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the ~ty Commission 7'"
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1
SUBJECT: REQUEST FOR APPROVAL TMARD A CONTRACT TO SAFE AIR
CORPORATION, PURSUANT TO INVITATION TO BID NO. 01-10/11 FOR
THE PURCHASE, INSTALLATION AND MAINTENANCE OF VEHICLE
EXHAUST REMOVAL SYSTEMS WITHIN THE CITY'S FIRE DEPARTMENT
FACILITIES.
ADMINISTRATION RECOMMENDATION
Approve the Award of Contract.
BID AMOUNT AND FUNDING
$62,000 Federal share, pursuant to FEMA Assistance to Firefighters Grant Program;
Agreement No. EMW-2009-FO-10767: Funding is available from Account
NO. 193-6046-000674.
$30,018 Funding is available from the FY 2010/2011 General Fund Operating
Contingency
$92,108 Total Funding
BACKGROUND
Most fire apparatus are diesel operated and are stored within the City's Fire Stations and
in the Fire Shop. Living and working facilities are located within the same building
without effective barriers in place to prohibit vehicle emissions from entering the living
areas, working areas, cooking areas, dining areas, gym facilities and dormitories.
The City of Miami Beach Fire Department was awarded Grant Agreement No. EMW-
2009-FO-10767, for vehicle exhaust removal systems, pursuant to FEMA Assistance to
Firefighters Grant Program - Operations and Safety Program.
The purpose of the Assistance to Firefighters Program is to protect the health and safety
of the public and firefighting personnel against fire and fire-related hazards.
The Grant specifies that the period of performance shall be from May 7, 2010 to May 6,
2011, with the total amount of award being $77,500, of which $15,500 is the City's
(grantee) required match for this award.
January 19,201 1
Commission Memorandum
Exhaust Removal Systems ITB No. 01-1 011 1
The Fire Department originally submitted a grant application to cover two Fire Stations
(Fire Station #I and #3) and the Fire Shop. The Grant only awarded funding for the two
Fire Stations, but the Fire Shop must also be retrofitted due to the concentration of
exhaust fumes during maintenance and the proximity to the lobby of Fire Station #2 and
the Support Services offices directly above the Fire Shop. Fire Station#2 and #4 had the
exhaust removal systems installed when they were rebuilt in 2005 and 2006.
The Fire Department originally had $44,000 set aside in the FY09110 budget as the
match for the proposed grant for the three facilities. That funding could not be rolled over
and the $30,018 match will come from contingency funding.
ANALYSIS
The Fire Department formulated the scope of services and the minimum requirements
pursuant to the Grant award and Procurement subsequently incorporated this
information in a competitive bid process.
Invitation to Bid No. 01-10111 (the "Bid"), was issued on November 10, 2010. The
purpose of the Bid is to establish a contract, by means of sealed bids, with a single
qualified vendor for the purchase, installation and maintenance of vehicle exhaust
removal systems within the City's Fire Department Facilities. The Procurement Division
e-mailed, as well as uploaded the Bid to BidSync.com and BidNet, sending notifications
to over 18 firms. A non-mandatory pre-bid meeting and site visits were held on
November 30, 2010. On the due date of December 13, 2010, four (4) bid submissions
were received from the following firms:
o Air Technology Solutions, Inc.
o Clean Air Concepts
o Environmental Control, Inc.
o Safe Air Corporation
The bid submission from Air Technology Solutions, Inc. took exception to the minimum
requirements in the scope of services in that they did not offer a system that captured
the vehicle exhaust at the point of release from the vehicle (tailpipe), as required, and
instead offered an unacceptable alternative. As such, the bid submission from Air
Technology Solutions is deemed non-responsive.
The remaining three (3) bid submissions are as follows:
Each of the Bidders proposed a different brand of equipment. For consistency and
compatibility, as well as warranty reasons, the Bid specifically required awarding to a
Total Cost to
Purchase and Install
$92,018
$96,882
$1 30,540
Bidder
Safe Air
Corporation
Clean Air
Concepts
Environmental
Control, Inc.
Station 1
$33,114
$41,066
$58,570
Station 3
$31,966
$33,097
$51,870
Support Services 1
Fire Shop
$26,938
$22,719
$20,100
January 19,201 1
Commission Memorandum
Exhaust Removal Systems ITB No. 01 -1 011 1
single qualified vendor for the purchase, installation and maintenance of the exhaust
removal systems.
The lowest and best bid was received from Safe Air Corporation for the Plymo Vent
Magnetic Grabber Vehicle Exhaust Extraction System. This vendor has been designing,
installing and servicing air filtration and environmental systems for over 15 years. The
owner of the firm has over 35 years experience in the industry, and co-founded Plymo
Vent Corporation.
A Plymo Vent pneumatic exhaust system is already installed at Station 2. Safe Air
Corporation has offered in their bid submission, if awarded, to convert the existing
system at Station 2 to the new magnetic grabber system at no cost to the City. This
would allow all vehicles fleet-wide to be compatible with all the City's stations.
CONCLUSION
Based on the analysis of the bids received, the Administration recommends that the City
award a contract to Safe Air Corporation pursuant to ITB No. 01-1011 1 for the Purchase,
Installation and Maintenance of Vehicle Exhaust Removal Systems Within the City's Fire
Department Facilities.
T:\AGENDA\201lWanuary 19\Exhaust Removal System Memo.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award A Contract To Control Communications Inc. Pursuant To Invitation To Bid
(ITB) No. 52-09/10 For The Purchase And Installation Of Fire Station Alerting Systems, In The Amount of
$138,950 Plus A Ten Percent project Contingency In The Amount Of $13,895 For a Total Estimated
Amount Of $152,845. Funds Previously Appropriated In The Fiscal Year (FY) 201012011 Capital Renewal
And Replacement Budget, In Account Number 125-6874-000676.
Key Intended Outcome Supported: I Increase residents ratings of Public Safety Services I
Supporting Data (Surveys, Environmental Scan, etc.): Of the five Public Services Measured, which
include Police, Emergency Medical Response, Fire, Ocean Rescue/Lifeguard/Beach Patrol and
EmergencyIHurricane Preparedness, the highest positive rating from residents was recorded for "Fire"
(96.8% in 2009 from 96% in 2007).
Issue:
Shall the Mayor and City Commission approve the award a contract?
ltem Summary1Recommendation:
I The purpose of this ITB is to establish a contract by means of sealed bids, for the purchase and installation I I of fire aierting systems for four (4) fire stations a& one (1) dispatch system at the Police Department. I
The awarded contract shall remain in effect for two (2) years from date of contract execution by the Mayor
and City Clerk, and may be renewed for two (2) additional years, on a year to year basis.
Based on the analysis of the bids received, it is recommended that a contract be awarded to Control
Communications, Inc., the lowest and best bidder.
The 91 1 alerting system is the system that notifies the Fire units of a call for service that is being
dispatched from thepublic Safety Communications Unit (PSCU). It consists of alerting tones, bells, strobe
lights and loud speakers throughout the four fire stations and the Fire Shop that activate when a call for
service is dispatched.
The current alerting system has passed its service life and is no longer supported by the vendor. A failure
of the system will delay response times to unacceptable lengths, and there is no way to anticipate when
components will begin to fail.
APPROVE THE AWARD OF CONTRACT.
Advisory Board Recommendation:
( NIA
Financial Information:
City Clerk's Office Legislative Tracking: I Gus Lopez Procurement Division Director @ 6641
AM1 BEACH
w
Agenda ltem C d D
Date f-19-4
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the ommission
Jorge M. Gonzalez, City Manager
January 19,201 1
REQUEST FOR APPROVAL TO AWARD A CONTRACT TO CONTROL
COMMUNICATIONS, INC., PURSUANT TO INVITATION TO BID (ITB) NO. 52-09/10,
FOR THE PURCHASE AND INSTALLATION OF FIRE STATION ALERTING
SYSTEMS, IN THE AMOUNT OF $138,950, PLUS A TEN PERCENT PROJECT
CONTINGENCY IN THE AMOUNT OF $13,895, FOR A TOTAL ESTIMATED
AMOUNT OF $152,845. FUNDS PREVIOUSLY APPROPRIATED IN THE FISCAL
YEAR (FY) 2010/11 CAPITAL RENEWAL AND REPLACEMENT BUDGET IN
ACCOUNT NUMBER 125-6874-000676.
ADMINISTRATION RECOMMENDATION
Approve the Award of a contract.
KEY INTENDED OUTCOME SUPPORTED
Increase residents ratings of Public Safety Services
FUNDING
Funding in the amount of $152,845 has been previously appropriated in Fiscal Year
201 01201 1 Capital Renewal and Replacement budget as follows:
Construction:
$138,950 FY2010/2011 Capital Renewal and Replacement Account # 125-6874-000676
Contingency:
13.895 FY2010/2011 Capital Renewal and Replacement Account #I 25-6874-000676 $
$152,845 Grand Total
ANALYSIS
The 91 1 alerting system is the system that notifies the Fire units of a call for service that
is being dispatched from the Public Safety Communications Unit (PSCU). It consists of
alerting tones, bells, strobe lights and loud speakers throughout the four fire stations and
the Fire Shop that activate when a call for service is dispatched.
The current alerting system has passed its service life and is no longer supported by the
vendor. A failure of the system will delay response times to unacceptable lengths, and
there is no way to anticipate when components will begin to fail.
Commission Memo
January 19,201 1
ITB-52-09/10 Fire Station Alerting Systems
The purpose of Invitation to Bid No. 52-09/10 (the "Bid") is to establish a contract, by
means of competitive sealed bids, for the purchase and installation of fire alerting
systems for the four (4) fire stations, and one (1) dispatch system at the Police
Department.
The awarded contract shall remain in effect for two (2) years from date of contract
execution by the Mayor and City Clerk, and may be renewed for two (2) additional years,
on a year- to- year basis.
BID PROCESS
The Bid was issued on October 8, 2010 with an opening date November 22, 2010.
Bidnet issued bid notices to 29 prospective bidders, and BidSync issued bid notices to
nine (9) prospective bidders. Additionally, the Procurement Division sent the notices to
six (6) prospective bidders. The notices resulted in the receipt of two (2) bids, from the
following firms: Control Communications, Inc. and DCR Engineering Services, Inc.
The Procurement Division requested information from the companies that opted not to
bid. Their response indicated:
Motorola provides Fire Station Alerting systems, FSA4000. The City of Miami
Beach bid requires features which would necessitate modifications and
integration with third party vendors which Motorola will not bid at this time.
Radio One cannot meet the specification nor provide an alternate equal product.
Locution Systems, Inc. maintenance and service requirements more feasible for
a local vendor. Responsibility of rewiring the stations to prepare for installation of
new Fire Station Alerting system. This would Be extensive and necessary to
bring the electrical up to code.
On December 29, 2010, a Technical Review Panel consisting of the following individuals
convened:
Eric Yuhr- Fire Chief
Chris Godniez- Information Technology Specialist
John Antona- Chief Elevator Inspector
Jennifer Hall Jenkins- Communication Management
Jesus Sola-Fire Division Chief
Miguel Perez- CIP Project Coordinator
The panel discussed and evaluated the two (2) bids received. The lowest and best was
submitted by Control Communications, Inc.
Control Communications, Inc. has been in business for over fifteen (1 5) years. Following
consideration of the City's request for a buy back of existing equipment, Control
Communications, Inc. is offering $100 per Zetron M6 unit deployed at each station,
including spares; and $200 per each M26 unit deployed at dispatch, including spares.
Control Communications, Inc. stated that the Zetron IPFSA system is a fairly new
product which has been released within the past couple of years. Zetron does not have
Commission Memo
January 19,201 1
ITB-52-09/10 Fire Station Alerting Systems
an end of life expectancy on this product. Zetron M6 / M26 models have been in service
for about 15 years. The Zetron IPFSA product will serve the City just as well if not better
than the current system. In addition, the current system may stay in place while the new
system is deployed and tested which will ensure very little down time during the
transition.
BID RESULTS
CONCLUSION
Based on the analysis of the bids received, the Administration recommends that the City
award a contract to Control Communications, Inc. pursuant to ITB No. 52-09/10 for the
Purchase and Installation of Fire Station Alerting Systems within the City's Fire
Department Facilities.
T:\AGENDA\2011\1-19-1 l\lTB-52-09-10 Alerting Systems Memo.doc
DCR Engineering Services, Inc.
180 Calendar days
$95
2 years
2 years
2 years
$ 282,497
Description
Delivery time
Hourly labor rate
Warranty (parts)
Guarantee (labor)
Yearly Maintenance
Lump Sum Amount
Control Communications, Inc.
60 Calendar days
$90
1 year
1 year
$ 5,400
$ 138,950
COMMISSION ITEM SUMMARY
Condensed Title:
I Reauest For A~~roval To Award A Contract To Peterson's Harley Davidson of Miami, LLC, Pursuant I I To invitation ~b'~id (ITB) No. 21-09/10 For The Lease of ~olice~~otorc~cles For The City Of Miami I
Key Intended Outcome Supported: I Increase resident rating of public safety services. I
Supporting Data (Surveys, Environmental Scan, etc.):
1 89% responded that they felt very safe or reasonably safe in their neighborhood during the day.
I I
Issue:
I Shall the City Commission Approve the Award of Contract? I I I
Item SummarylRecommendation:
The purpose of Invitation to Bid (ITB) No. 21-09-10 For the Lease of Purchase of Police Motorcycles is
to establish a contract, by means of sealed bids, a qualified vendor(s) for the Lease or Purchase of
Police Motorcycles for the City of Miami Beach.
This contract(s) shall remain in effect for two (2) years from date of contract execution by the Mayor
and City Clerk, and may be renewed by mutual agreement for two (2) additional two (2) year terms.
On September 7,2010, the ITB was issued with an opening date of October 7,201 0 and extended to
October 12, 2010 as per Addendum 1. A Pre-bid conference to provide information to prospective
bidders was held on September 21, 2010. BidSync and Bidnet issued bid notices and as a result, a
total of eight (8) and seven (7) prospective bidders viewed the documentation; the result was the receipt
of four (4) bids.
On October 26, 2010, the Technical Review Panel ("the Panel") convened to review the responsive
bids. The panel consisted of the following individuals:
Andrew Terpak, Director, Fleet Management;
Joyce Dickerson, Office Associate V, Fleet Management;
Jeffrey Cohen, Sergeant, Police Department; and
Paul Doyle, Officer, Police Department.
Based on the analysis of the bids received, the Administration recommends that the Mayor and City
Commission accept the City Manager's recommendation to award a contract to Peterson's Harley
Davidson of Miami, LLC, pursuant to Invitation to Bid (ITB) No. 21-0911 0, For the Lease or Purchase of
Police Motorcycles in the estimated annual amount of $99,000.
I I I I I OBPl I Total 1 $99,000
Financial Impact Summary:
I APPROVE THE AWARD OF CONTRACT. I
Financial Information:
I I
City Clerk's Office Legislative Tracking: I Gus Lopez, Ext: 6641
T:V.\GENDAEOIlWanuary 19\Consent\lTB 21-09-10 For the Lease or Purchase of Motorcycles-SUMM.doc vu
Source of Account
51 0-1 780-000323
Amount Approved
Funds: I. I $99.000
BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City mmission /"
FROM: Jorge M. Gonzalez, City Manager
DATE January 19, 201 1
SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO PETERSON'S HARLEY
DAVIDSON OF MIAMI, LLC., FOR THE LEASE OF FIFTEEN (15) POLICE
MOTORCYCLES PLUS MI0 (2) SPARE MOTORCYCLES FOR THE CITY'S POLICE
DEPARTMENT, IN THE ESTIMATED ANNUAL AMOUNT OF $99,000, PURSUANT TO
INVITATION TO BID (ITB) NO. 21 -09110, FOR THE LEASE OR PURCHASE OF POLICE
MOTORCYCLES FOR THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Approve the Award of Contracts.
FUNDING
Funds in the amount of $99,000 are available for year one of contract from the budgeted account of
Fleet Management Fund as follows: Account No. 51 0-1 780-000323. Funds of $99,000 for year two
of contract will be appropriated in FY 201 1-2012 budget.
ANALYSIS
The purpose of Invitation to Bid (ITB) No. 21 -09-1 0 For the Lease or Purchase of Police Motorcycles
is to establish a contract, by means of sealed bids, a qualified vendor(s) for the Lease or Purchase
of Police Motorcycles for the City of Miami Beach.
The City of Miami Beach (the "City") intends to Lease approximately seventeen (1 7) current model
(201 1) Police Type Two-Wheel Motorcycles. No previously titled motorcycles (demonstrators, etc.)
will be accepted. All motorcycles shall be delivered with all new OEM parts and components. The
quantities shown are estimated as year one's requirement. The City reserves the right to increase
or decrease the total quantities. The specifications are written around a 201 1 Harley Davidson
FLHP Road King Police Motorcycle.
This contract shall remain in effect for two (2) years from date of contract execution by the Mayor
and City Clerk, and may be renewed by mutual agreement for two (2) additional two (2) year terms.
The City, based on current staffing, will lease a total of seventeen (1 7) motorcycles, fifteen (1 5) full
time and two (2) spares. The location of the two (2) spares will be determined by mutual agreement
and based on best service to the City.
Commission Memo
ITB 21-09/10 - For the Lease or Purchase of Motorcycles for the City of Miami Beach
January 19,201 1
Page 2 of 5
BID PROCESS
On September 7,201 0, the ITB was issued with an opening date of October 7,201 0 and extended
to October 12, 2010 as per Addendum 1. A Pre-bid conference to provide information to
prospective bidders was held on September 21,201 0. BidSync and Bidnet issued bid notices and
as a result, a total of eight (8) and seven (7) prospective bidders viewed the documentation; the
result was the receipt of four (4) bids from the following vendors:
BMS, Inc.
Gulf Coast Motorcycles, LLC
Peterson's Harley-Davidson of Miami, LLC
Rossmeyer Daytona Motorcycles, Inc.
On October 26,201 0, the Technical Review Panel ("the Panel") convened to review the responsive
bids. The panel consisted of the following individuals:
Andrew Terpak, Director, Fleet Management;
Joyce Dickerson, Office Associate V, Fleet Management;
Jeffrey Cohen, Sergeant, Police Department; and
Paul Doyle, Officer, Police Department.
The following table provides the bid tabulation results for all bidders: Shaded box indicates
selection.
Commission Memo
ITB 21-09/10 - For the Lease or Purchase of Motorcycles for the City of Miami Beach
January 19, 201 1
Page 4 of 5
It was unanimously concluded by the technical review panel that the most beneficial lease option
was offered by Peterson's Harley Davidson of Miami, LLC.
The delivery date of the motorcycles will be 90 calendar days, from the date of contract execution.
LEASE VERSUS CAPITAL PURCHASE
To purchase seventeen (1 7) Harley Davidson Motorcycles, fifteen (1 5) frontline and two (2) spares
would require new capital in the amount of $284,750 for the motorcycle and an additional $55,930 to
outfit the units with emergency lighting, Public Safety equipment, tags, titles and graphics for a total
of $340,680.
MAINTENANCE AND OPERATIONS
Motorcycle/Equipment/Maintenance/Depreciation cost year one (1)
Motorcycle/Equipment/Maintenance/Depreciation cost year two (2)
Total Cost for Year one (1) and two (2)
Depreciation expense remaining year three (3) and four (4)
Total gross cost of ownership for year one (1) and two (2)
Less Sale of Motorcycle (Estimated Residual Value after (2) two years) {$I 53,000.00)
Total Net Cost of Ownership for Year one (1) and two (2) $245,089.00
Motorcycle/Equipment/Maintenance/Depreciation cost year three (3)
Motorcycle/Equipment/Maintenance/Depreciation cost year four (4)
Total gross cost of ownership for year three (3) and four (4)
Less Sale of Motorcycle (Estimated Residual Value after (4) four years) ~$102,000.00)*
Total Net Cost of Ownership year three (3) and four (4) $273,870.00
*Total Cost of Ownership for Four (4) years
Total Lease Cost for Four (4) Years with maintenance and equipment
Net Savings by Leasing Over Four Years
Harley Police Motorcycles are covered by a two (2) year warranty with unlimited mileage. Leased
motorcycles would be replaced with new models at the end of the two (2) years. If, the City
purchases the motorcycles, all maintenance and repairs become the responsibility of the City.
Therefore years three (3) and four (4) would result in a higher cost of repairs.
The Emergency Lighting and Public Safety equipment is typically obsolete after four (4) years due to
the harsh environment and the new generation of technology.
It is important to note that should the City choose to purchase motorcycles, at the present time it
would be necessary to outsource maintenance, repairs and warranty to a local factory authorized
Commission Memo
ITB 21-09/10 - For the Lease or Purchase of Motorcycles for the City of Miami Beach
January 19,201 1
Page 5 of 5
Harley Davidson dealership. An alternative would be to employ within Fleet Management a certified
Harley Davidson Police Motorcycle mechanic. Both of these options would be an additional cost to
the City.
CONCLUSION
Based on the analysis of the bids received, the Administration recommends that the Mayor and City
Commission accept the City Manager's recommendation to award a contract to Peterson's Harley
Davidson of Miami, LLC, pursuant to Invitation to Bid (ITB) No. 21-09/10, For the Lease of Police
Motorcycles.
T:!AGENDA\201 l\January 1 9\Consent\lTB 21-09-1 0 For the Lease or Purchase of Motorcycles-
MEMO.doc
MOTORCYCLE LEASE VERSUS PURCHASE Year 3 Descri~tion Per Unit Extended Notes - - l~epreciation Expense - Motorcycle 1 $4,312.00 A-e- -- . .- -- -- ,-- - - Repairs (NO warranty) 1 $3,740.00 Total M&O + De~rec Year 3 1 $11,055.00 Depreciation Expense - Equipment Maintenance (Preventative) enai airs: TiresIClutches Year 4 !jbY8.UU $1,182.00 $1,123.00 Total M&O Incl. Deprec Years 3 & 4 Add: Depreciation Expense Remaining Estimated Residual Value* Depreciation Expense - Motorcycle Depreciation Expense - Equipment Maintenance (Preventative) Repairs: Tires/Clutches Repairs (NO warranty) Total M&O + Deprec Year 4 Depreciation Based on 4 years straight line (Line 1 & 3) Depreciation Based on 4 years straight line (Line 2) Based on 2010 Cost +lo% Factory PM Schedules Assumption: Tire Rep1 (3) and 1 clutch Annually + 10% Projection +lo% Based on current vendor estimate TOTAL Maintenance and Operating Cost Year 3 $4,312.00 $698.00 $1,182.00 $1,123.00 $3,740.00 $11,055.00 Depreciation Based on 4 years straight line (Line 1 & 3) Depreciation Based on 4 years straight line (Line 2) Based on 2010 Cost +lo% Factory PM Schedules Assumption: Tire Repl(3) and 1 clutch Annually + 10% Projection +lo% Based on current vendor estimate TOTAL Maintenance and Operating Cost Year 4 ~375,870.001~0~~~ COST - Years 3 and 4 $0.00 TOTAL Maint and Oper Cost Year 3 & 4 $273,870.00 Assumptions: Motorcycle Capital - Initial Cost based on 2011/12 Florida Sheriffs Contract. Cost of lease may increase after the initial two (2) year contract by the vendor. Repair cost not covered by warranty based on six (6) years of experience with current vendor. Date 12/17/10 Page 2 Fleet Management
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: December 27'h, 201 0
SUBJECT: Referral
Please place on the January 19'". 201 1 Commission Meeting Agenda a referral to
the Land Use and Development Committee for a discussion item on artificial grass
at hotels and homes and the Planning Department procedure for approving same.
If you have any questions, please contact Leonor Hernandez at Extension 6437.
Agenda Item e YA
We ore committed to providing ex cell en^ public senfrce or~d sofey to all who lrve, work, ond play in ouk
I
Date /-/9-!, -
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: December 27th, 201 0
SUBJECT: Agenda ltern
Please place on the January 19th, 201 1 Commission meeting agenda a referral to the Land Use
and Development Committee to discuss the notice requirements for all Land Use Boards,
specifically, the requirement to send follow-up notices to residents after an initial meeting.
If you have any questions, please contact Leonor Hernandez at extension 6437.
Fgenda ltern 6 qB
We ore comrn~fied 10 providtng excellenf publ~c ser/rce and safety to 011 who Irve work and ploy In our Date /-/f-//
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor J~$
DATE: December 29,2010
SUBJECT: Consent Agenda Item: Referral to Land Use Committee
Please place on the Jan. 19, 2010 Commission meeting agenda a referral to the
Land Use Committee of a discussion regarding a recommendation of the Disability
Access Committee to create a lane of travel on the 1100 block of Lincoln Road from
Lenox to AIton Road that would accommodate disabled individuals who find the
current surface difficult to navigate.
I thank you in advance for your cooperation in this matter. If you have any
questions, please do not hesitate to contact Rebecca Wakefield at extension 61 57.
Thank you.
M H B/rw
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manage
FROM: Michael Gongora, Vice Mayor
DATE: January 10, 201 1
SUBJECT: Referral Item for January 19 Commission Meeting
Please place on the January 19 Commission meeting consent agenda a referral
to the Land Use Committee for a discussion concerning a location for a skate
park in Miami Beach. If you have any questions please feel free to contact my
aide Diana Fontani at ext 6087.
'Agenda Item C I/D
I Date /-19-//
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: December 27th, 201 0
SUBJECT: Agenda Item
Please place on the January 1 gth, 201 I Commission meeting agenda a referral to the Finance
and Citywide Projects Committee for a discussion regarding incentives for fa~ade renovation in
North Beach commercial corridors.
If you have any questions, please contact Leonor Hernandez at extension 6437.
J Wlj h
Agenda Item C
We ore committed to probid~ng ex cell en^ public senlrce ond soieb fo all who lrve work ond ploy 111 ou/
j Date /-/F-//
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MIAMIBEACH
Cify of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members oft e City Commission 2
FROM: Jotjge M. Gonzalez, City Manager
DATE: January 19,201 1 @
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS A
PROPOSED LEASE AGREEMENT WITH AROMA CAFE, INC., FOR USE OF THE CITY-
OWNED PROPERTY LOCATED AT 1661 PENNSYLVANIA AVENUE, UNITS F AND G.
ADMINISTRATION RECOMMENDATION
Refer the item to Committee for discussion.
BACKGROUND
On December 15, 2010, the Koniver Stern Group, the City's contracted real estate broker, presented
the City with a proposed Letter of Intent (LOI) from Mr. Barry Shelomovitz, to lease 2,236 square
feet of ground floor retail space in the recently completed Pennsylvania Avenue Garage, located at
1661 Pennsylvania Avenue. The prospective tenant is planning to open a branch of the Aroma Cafe
chain, establishing it as the third such location in the United States for its Israeli-based parent
company. Aroma currently operates dozens of branches throughout Israel, Europe and Canada and in
2006, entered the U.S. Market with two locations in New York City, followed soon thereafter by a
third, recently opened location in Sunny Isles, Florida. Billed as a high-end coffee shop with a
Mediterranean flavor, Aroma features its very own premium coffee, light fare menu, including salads
and sandwiches and a selection of beer and wines.
CONCLUSION
The Administration recommends that the City Commission refer the proposed lease agreement for
discussion to the Finance and Citywide Projects Committee for discussion.
JM KO~
T:\AGENDA\~OI 1 Wanuary 19\Consent\Arfoma Caf6 Lease Referral.Mem.doc
Agenda Item CYp
Date l-l~d//
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner A
DATE: December 30,2010
SUBJECT: Agenda item for January 19th Commission Meeting -Referral of ltem for Discussion
to NeighborhoodICommunity Affairs Committee
Please refer for discussion the licensing and authorization requirements for mobile food trucks
and proposal for a City sponsored Food Truck Festival to the Neighborhood/Community Affairs
Committee.
Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274.
hgenda ltem -
We are committed to provrdrng excellent publrc servlce and safefy to all who Irve, work and play rn out Date /-/f-//
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Mana
FROM: Michael Gongora, Vice May
DATE: 01/05/11
SUBJECT: Referral ltem for January 19 Commission Meeting
Please place on the January 19 Commission meeting consent agenda a referral
to the NeighborhoodsICommunity Affairs Committee for discussion regarding the
authorization of Mobile Gourmet Food Carts to operate on Miami Beach. If you
have any questions please feel free to contact my aide Diana Fontani at ext
6087.
Agenda ltem
Date
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner A
DATE: January 7,201 1
SUBJECT: Agenda item for January lgth Commission Meeting - Referral of ltem for Discussion
to NeighborhoodICommunity Affairs Committee
Please refer for discussion to the Neighborhood/Community Affairs Committee a proposal for an
incentive program in the form of reduced rent to vendors of boat and aquatic rental equipment
interested in providing services in North Shore Open Space Park.
Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274.
;~~enda ltem C L/Y
We are commif~ed 10 providing excellent public service and sofey 10 all who live, work, ond play in a Date / -/?-//
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJEC
Mayor Matti Herrera Bower and Members of the City Commission
/
Jorge M. Gonzalez, City Manager
January 19,201 1
T: REFERRAL TO THE TRANSPORTATION AND PARKING COMMITTEE AND
FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION REGARDING
A RESOLUTION OF THE MIAMI BEACH CONVENTION CENTER ADVISORY
BOARD URGING CONSIDERATION FOR THE CREATION OF A REDUCED
PARKING RATE PROGRAM AT THE PREFFERED PARKING LOT (P-LOT) FOR
FOOD AND BEVERAGE SOCIAL EVENTS AT THE CONVENTION CENTER.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Transportation and Parking Committee and Finance and Citywide
Projects Committee for discussion.
ANALYSIS
Centerplate and Global Spectrum both have been charged with increasing social event
business at the Convention Center. To that end, both entities have increased their efforts and
have been moderately successful in booking smaller pieces of business. Parking rates have
routinely been cited by potential clients as a reason for not selecting the Convention Center for
the event.
On September 21, 2010, the Convention Center Advisory Board (CCAB) was reviewing recent
social catering sales activity and discussed the City's ordained parking rates for the Convention
Center area. The CCAB discussed the matter extensively and felt the City should consider
developing a different parking rate structure for social events in order to increase bookings.
Subsequently, a resolution of the CCAB was unanimously passed to request the City
Commission consider a parking program to incentivize social business.
If a program were created, the Administration would work with Global Spectrum and the CCAB
to develop criteria narrowly tailored for the social event market.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to the
Finance and Citywide Projects Committee and Transportation and Parking Committee for
T:\AGENDA\2011\1-19-1 l\Referral to FCWPC and TPC Discussion of CCAB Parking Program q
1 Agenda Item C Yz
Date 1 -17-//
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner A
DATE: January 12,201 0
SUBJECT: Referral to Planning Board
Please place on the January 19, 201 1 Commission Meeting Agenda a referral to the
Planning Board a discussion on a possible code amendment to allow for a restaurant
operator to request a conditional use permit in order to permit a limited entertainment license
for restaurants in a portion of the CPS-2 zoning district bounded by Fifth Street, Collins
Court, Fourth Street and Euclid Avenue.
Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274.
i
1 Agenda Item C4J
We ore commftted to prov~dmg excellent publ~c serwce ond sofefy to all who /we, work, and ploy In 01
Date 1-17-1
53 I
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
MEMORANDUM
l'
Jorge M. Gonzalez, City Man /
Jonah Wolfson, Commissioner 1.
January I lh, 201 1
SUBJECT: Agenda Item
Please place on the January 19'h, 201 1 Commission meeting Agenda a referral to the
Neighborhoods/Community Affairs Committee for discussion on the co-designation
of portions af Venetian Causeway as Judge Irving Cypen Way.
Attached, please find a Letter To Commission dated August 3 1, 201 0, forwarding the
Couniy's resolution to the Mayor and Commission.
If you have any questions, please contact Leonor Hernandez at extension 6437.
We ore commr!tLvi to pravgdi~~ e;*cef:el~! public sewice and so& kz wii who live wud nnd piay m acir vc r Agenda Itern C 4 K
Date 1-14-1 1
MIAMI BEACH
OFFICE OF THE CIN MANAGER
NO. LTC #[23 5361 07
Mayor Matti Herrera Bower and
Members of the City Cpmmissiun
LETTER TO COMMISSION
FkOM: Jorge M. Gonzalez, City Manager
DATE: August 31,201 0 '
SUBJEOT: ~i'arni-~ade County Resolution No. R-795-10
he purpose of this email is to provide the Mayor and City Commission $ith the attached
resolution approved by the Miami-Dade C.ounty Board of County Commissioners.
Resolution No. R-795-10 was adopted on July 20, 2010, and is .a Resolution co-
designating Venetian Way from East San Marino Island to West Rivo Aka Island as
"Judge Irving Cypen Way". The Resolution further urges the City of Miami Beach to join
in this.co-designation. .
Please advise me should you wish to include on a subsequent City Commission Agenda
for consideration.
Please dwot hesitate to contact me if jrou have any questions or comments.
L.
Attachment
~arve~-'kurin
CLERK C3F THECIRCU-IT &;SiM.GOUMY COURTS
:MiamGDad,e-County, Florida
CLERKDF:THE'BOARD.OF CDUPJ:W COMMISSIONERS
STEPHEN P. .CLARK'MLAMI-DADE GO,Y€RNME%T CENTER
.SUITE 17-2132
l?l N.W. 1st Street
-Miami, FL .33528-1983 '
Telephone: 1305) 375-5$26
Mr.3orge-M. Go+ez
City:Matlztgrrr
Cityof Miami Beach
1 750%onvenliou=Centtir %$e
Miami Beach, Roridd.P3I39
A copy of.Resolution'No.:R:795110, adopted on July 20,.2010, is provided to yoa at
the request of dsebMiami-Dade County Board oCCowty Commissioneis.
If you bve any, guestions or need:additiowl ix6omatjop;pjeasr: contawthis oEEice.
. ..
Dimo.Collins, rA~ting ~Divislon'Ctiief
'Clerk of the.Bo& Division
Ccntrsl'f)cposirory - Civil.lZiMan - Ct&otlhcCBoard -'Ccdc'Enforccmea~,- (lomp1rollrr ! +flier - Couor); Recorder
-Ctmnal Divkroa - Wit! ~Divixien - Family Chw Difion- HumanTkm~~s i Admrnlatnrive Swam -
Juvenile Dtv~si~n - hAebg@Liunsc -'-g Vioi&i~s ;-Rcco& I~Archivehlmaganau'1 Tahdioa13ewitcs
DIVISIOZI - TmGe Diviuoll-V.A:B.
cws web addrest:
. . :FROM; ';R..A. Cuevas, fr. . . ,I. 'SUB3ECT: . ~ebolution codesignaring portions
corinty Attorney . -, of Venetian'Wayas "judge Irving. . . . -. . Cygen Wayn* and urging the City
.Miami Beach to jain.in this
.. <co-designation
. . . - 'Resolution No. R~795-10' .
TO: . Honorable Chairman Dennis C..Moss DATE: July 20,2010
2nd Members, Board of County Commissioners x4q
FROM: R.A.C vas,jr
County A~torney
SUBJECT: ~~enda'lkk'~o. 5&F1
76.walusquirrrl'between..fj~ reading snd public-hearing
4 weeks .pq#iication to municipal.offiiiab.iequired pricli fo,publc.
hearing
Decreases revewes or increases(expcndifures without'bzlancing%ttdgct
Budget rqdired
Satcment~of.fiscai impact hquired
- Ordinance creating,a.new board requires Qetafled:Courgv panager!s
J n?po& forpub1ic;heasirig
~No.carnmittee ~eview
il-gplicable IegisIati~n l:eequires.mow .than,a majority vote-fi.e., 2/3?s,
3/S?s, unanimous ___) $9 approve
Current-information regarding~funiiing.source, index-cqde and available
.balaace,^aad +avaitable,capaeity.flf debt is cont.empl.atcd) require'd
,Approved Mayor
veto
Ovemde
Agenda Item No. 5(A)
:7:20-1,c
:RESOLUT'ION CODESIGNATMG VENETIAN WAY FROM
;EAST2S-AN Mi4RrNO I9LMB TO %ZST.NVO ALTO.ISLAND
AS- "JLTDGE IRVING 'CYPEN ;WAY"; URGING Tfl;E:CITY OF
.M&M BEACH TO.JOWIM THlWCO-DESIGNATION
I
'WHHEftEAS, Judg:: Irving Cypen yi:brn in.Chicago, ftlinois, of a':Russian immigrant
fatha;.aad iidt.*e;age of five:liis%miiy moved to El'orida; mil
.WERE@, ~udge Qpenmatried, hi .wife Waze'I in 1941, and together they raised five
chifdren;and
-WHEREAS, Judge Cypm 'was-the.first person of.-Jewish'heritage to be elected to what
,was thqn the Bade'Comty Circuit Court; and
WHERrEAS, Judge Cyped abo ,was.*e heartmd soul of'the Miami .Jewish Homead
Hospital, anif. was its greatest .benefactor, mising .over $75 million 6ollars and donating over a
million~dolfars~hims6l.E and
WEHEAS, besides the' main campus, the Miami Sewish Home and Hospital operates
-satellite -sewices tfiaz :indude ,mental 'health, mernou and. tesearch,prograrns 9s well -as FIosidals
only teaching nursing:hornc program;:and
- WHEREP;S,,Judge irving.cypen pass4 away on-januriry 30,2009,.ai the,age of 90; and
,WffEREkS, fis.Board would like.to boiior.the:memo~ of,fudgeXrving-Cypdn,as well as
his contributions to .this community, ,by ,ca-dttsignating Venetian. *Way Erom East San Marina
~stand.to.~~esr ~vo..o.Wto3slandrss "hdge'biqg.CypeR' Way";:and
Agenda Item No, S(A)
Page No. 2
W.HEREAS, Venerian Way from EEst'San:Marino Is1and.to West Rivo Alto 'fsianii is a
Goun'ty maintained road located within the'City of Mimi.Eeach;.and
WHEREAS; this;proposd-co-designation is located in County CornmissionMstrict 4,
WOW, THEREFORE, BE IT RFSOEVED BY 'TEE BOPiRD OF COtltlN?'
CQMM~SSIONERS OF MIA.IWIrDmE.COW1lFLiQaWrf)A, that this B@
Section 1: +Havings conducted a pubIic -henring, codesignates Venetian Way from East
San:Marino lsland to West'Rjvo Alto,Isiand as "Judge~Irming Qpn Way. . .
Section 2. Urges Lhe City of Miami &:a& to join @this co4esignation.
Section 3. Difects the Clerk.of the Baard to transmit cenified ropies'of tliis msolutior!
to. theGity Manager of the city of Miami Beach,..the United S&s-Ro.staf Service, the'Traffic
Signaismd Signs Divisionof rhe:Public Wo~ks'Department-&-Lanil Development Division of the
Public Wbrks Department, .the Miami '~eaeii Police Department and .the Miami back Fire
Department.
Thegiime Sponsor Mthe foregoing resolution'is Commissioner Sally A. Hcymarr and the
Co-Spowor~isCommissioner Audrey M. lEdmonson. It.was offececS~by
-domrnissioney .Sally A. Eqm , who moved its zid'doption. Thh,m'ation was
sepondd .by Commissioner ~P;u:~-X~~@n - ,
.the.vote wwas follows:
anduponbeing put;to.a yore,
DmisnC. Moss, Chairman .aye
Jose "Pepe" ~ik, Vice-.Chaimran absent
Bruno A. ,Baneit0 -abs@ Audrey 5rl. Edmonson aye.
Garios.A. Gimenez a& Sally .A. Heyman aYe.
Baibxi J.Jordan 'W Joe A. Martinez We
Dorri n -0. RoIle ZPS 'NaWha Seijas
-Katy Sorenson :&-i .Rebct.a,Sosa Em
Sen. &vier D. Sotito aye
Agenda item No. 5.tW I
Page-No. 3
The.Chdrpersan thereqpon declared the resolution:dnly passedand adopted.rhis 20' day of
'July, 20.IO. Tnis ii?soIution shafl became-effective ten :(IO) dafs &er thee aate of its-&option
uriirss vetoed by the Mayor, -bd if'vetoed, sba11 become e%ctive:orily upon an oveniiie by .this
'Board,
. MIAMI-DADE CO.WTY, FLORIDA
BY ITS 3OARD.OF
COUNTY 'COMMISSIONERS
HARVEY 'RUVW, CLEX
:B~: D.iAW& -LftBWS
Deputy Clerk
Approved by County .Attorney as
.to form-and ~egal~suficiency.
'Jess M.:Mccarty
STATE OF' FLORIDA .).
.3 ss:
COUNTY OF MLAIMI-DADE I
I, H;4RWY RWIN, Clerk of the Circuit and County Courts, in and '
for: :Mhmi-Dade County, Florida, anif Ex4f Eicio Cl,erl; of the Board of
County "Codssibne~s of sdi8 County, DO HEREBY CERTFY that the
above pnd 'fomgoi~g is. a cnie and Correct copy of -Resolu~ion R-795-1.0,
which was ad~pied .by the Miami-Dade .Boa~d :df County .Commissioners .at
its meeting held on July 20, 202.0, as appeays of record.
IN %~ITNESS WHEREOR, I 'have 'hereuatb set my hand and -official
seal ,on.t%lis $&.$ay of August, A.D..,. 2010.
HAR-WY RW, Clerk
Boar3 of County CoWssjaners
Miqnii-Da8e County ,:EIorida
SEAL
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager /
DATE: January 19,201 1
SUBJECT: REPORT OF THE NEIGHBORH~DSICOMMUNITY AFFAIRS COMMITTEE
MEETING HELD ON TUESDAY, DECEMBER 14,2010.
A meeting of the NeighborhoodsICommunity Affairs Committee (NCAC) was held on
Tuesday, December 14,201 0 at 2:30 pm in the City Manager's Large Conference Room, 4'h
Floor, City Hall. Commissioners in attendance: Commissioners Jerry Libbin, Edward L.
Tobin, and Jorge Exposito (arrived at 3:06 pm). Members from the Administration and the
public were also in attendance. Please see the attached sign-in sheet.
THE MEETING OPENED AT 2:54 PM.
1. DISCUSSION REGARDING WHETHER THE CITY SHOULD HAVE A GENERAL
STANDING RULE TO WAIVE CERTAIN FEES, SUCH AS PARKING AND OTHER,
RELATED TO RECONSTRUCTION OF PRIVATE PROPERTY DAMAGED DUE TO A
SEVERE STORM EVENT OR SIMILAR NATURE EVENT. (3:02 PM)
Commissioner Tobin suggested leaving this to Administration to handle on a case by
case basis and have them come to the Commission with a recommendation when
needed.
Commissioner Libbin stated that he believes the Mayor or the City Manager should have
the ability to make a declaration of a temporary emergency in the event it is necessary to
waive certain fees. Commissioner Tobin reiterated to leave it to the Administration to
come up with a solution as to what to do in the event of an emergency. Commissioner
Libbin advised Hilda M. Fernandez, Assistant City Manager, to come back to the
Committee with the Administration's recommendation as to how to handle the
emergency 1 flooding situations. He added that the Committee is okay with the Mayor
and the City Manager having the authority for a limited time to waive fees and not ticket
cars.
ACTION: The Committee (Commissioners Libbin and Tobin present) directed the
Administration to return to the NCAC with their recommendations on the handling of
emergency I flooding events.
2. STATUS OF TECHNOLOGY RECOMMENDATIONS IN THE TRANSPARENCY,
RELIABILITY, ACCOUNTABILITY COMMITTEE (TRAC) REPORT.
ltem was not discussed and was deferred to a future meeting of the NCAC.
I Agenda Item CL.4
Date /-/f'-l/
City Commission Memorandum
January 19,201 1
Report of the Neighborhoods /Community Affairs Committee of December 14,2010
Page 2 of 5
3. STATUS OF THE JERRY MOSS AND LUIS HERNANDEZ MEMORIAL PLAQUE
PLACEMENTS. (3:05 PM)
Kevin Smith, Parks and Recreation Department Director, reviewed the status of the Jeny
Moss plaque which is pending the Flamingo Park Tennis Center completion. He added
that the plaque for Luis Hernandez is working through the process of design.
4. DISCUSSION REGARDING THE PLACEMENT OF A PLAQUE ON THE BOARD
WALK IN HONOR OF NORMAN CIMENT. (3:06 PM)
Kevin Smith, Parks and Recreation Department Director, reviewed with the Committee a
sample of the plaque included in the agenda.
Commissioner Tobin asked if there is a method or rules involved in the process to
request a plaque. Raul Aguila, Deputy City Attorney, stated that it is in the City Code
and explained the process.
Commissioner Libbin expressed his concern with the recent plethora of requests and his
belief that it is good to discuss as a policy.
Hilda M. Fernandez, Assistant City Manager, explained that the decision on whether or
not to recommend for naming is really going to become a policy decision while the City's
Code of Ordinances (Code) provides a mechanism by which it can be done. It was
requested that the Administration propose criteria that the Commissioners would have
to consider if they want to recommend the naming of anything.
Commissioner Libbin suggested limiting the number of times each Commissioner could
recommend a naming during their term of office.
Ms. Fernandez noted for the record that, with the exception of the Luis Hernandez
plaque, these plaques are unfunded and unbudgeted expenses for the City.
Commissioner Tobin made the motion to recommend the placement of the plaque on the
Boardwalk in honor of Mr. Norman Ciment as presented in the package along with the
plaque honoring Mr. Harold Tillman (see item 6). Motion seconded by Commissioner
Exposito. (Vote: 3-0)
ACTION: The Committee (Commissioners Libbin, Tobin, and Exposito) moved to
recommend the placement of the plaque on the Boardwalk in honor of Mr. Norman
Ciment as presented in the package along with the plaque honoring Mr. Harold Tillman
(see item 6).
5. DISCUSSION REGARDING THE RENAMING OF THE HANDBALL COURTS AT
FLAMINGO PARK TO RICHARD BOWER, MAYOR BOWER'S LATE HUSBAND.
Commissioner Libbin stated that it is his understanding that the Mayor would be more
than satisfied with just a plaque recognizing her late husband. Commissioner Tobin
stated he would defer to the Mayor's preference.
Hilda M. Fernandez, Assistant City Manager, explained that this discussion previously
had expanded to amending the naming ordinance to allow for the naming of certain
locations within City parks without having to go to a referendum. She referred to the
amendment to the ordinance, included in the agenda package.
City Commission Memorandum
January 19,201 1
Report of the Neighborhoods /Community Affairs Committee of December 14,2010
Page 3 of 5
Commissioner Libbin suggested a plaque be placed at the handball courts in memory of
Mr. Bower, not amending the ordinance as presented, and maybe consider limiting the
number of "namings" each Commissioner can recommend.
After some discussion, Commissioner Tobin made the motion to send the discussion
regarding the renaming of the handball courts and the amendment to the ordinance as
proposed in the agenda without a recommendation, to the Commission for first reading
at which time the Commission may discuss the Mayor's wishes regarding a plaque or
renaming in honor of her late husband. Motion was seconded by Commissioner
Exposito. (Vote: 3-0)
ACTION: The Committee (Commissioners Libbin, Tobin and Exposito) moved to send
the discussion regarding the renaming of the handball courts and the amendment to the
ordinance as proposed in the agenda, without a recommendation, to the Commission for
first reading, at which time the Commission may discuss the Mayor's wishes regarding a
plaque or renaming in honor of her late husband.
6. DISCUSS THE PLACEMENT OF A SMALL PLAQUE AT THE BUS SHELTER
LOCATED IN FRONT OF 3801 COLLINS AVENUE IN MEMORY OF MR. HAROLD
TILLMAN WHO WAS INSTRUMENTAL IN THE PLACING OF THE BUS SHELTER
THERE AND RECENTLY PASSED AWAY.
During the discussion of item 4 above, Commissioner Tobin made the motion to
recommend the placement of a small plaque honoring Mr. Harold Tillman (see item 4).
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito) moved to
recommend the placement of a small plaque honoring Mr. Harold Tillman (see item 4).
7. DISCUSSION REGARDING AN AMENDMENT TO INCREASE THE MEMBERSHIP ON
THE DISABILITY ACCESS COMMITTEE (DAC). (3:04 PM)
Mr. David New, Chairman of the Disability Access Committee (DAC), requested
expanding the number of its members from seven (7) to fourteen (14).
Commissioner Libbin clarified that the desire is to expand the number of people involved
in planning things and not to expand the number of meetings. He also cautioned that this
increase could potentially cause a problem with reaching a quorum; however, he has
been assured that it should not be a problem.
Commissioner Tobin expressed his support and made the motion to recommend to the
Commission the increase in the number of members of the DAC from seven (7) to
fourteen (14). Motion seconded by Commissioner Libbin. (Vote: 2-0)
ACTION: The Committee (Commissioners Libbin and Tobin present) moved to
recommend to the Commission the increase in the number of members of the DAC from
seven (7) to fourteen (1 4).
8. DISCUSSION REGARDING AN ORDINANCE AMENDING CHAPTER 70 OF THE
MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES" BY
AMENDING ARTICLE Ill, ENTITLED "GRAFFITI", BY AMENDING DIVISION I,
ENTITLED "GENERALLY", BY AMENDING SECTION 70-126, ENTITLED
LcRESPONSIBILITY OF PROPERTY OWNER(S) TO REMOVE GRAFFITI; GRAFFITI
City Commission Memorandum
January 19,201 1
Report of the Neighborhoods /Community Affairs Committee of December 14,201 0
Page 4 of 5
REMOVAL AND NOTICE; ENFORCEMENT", BY AMENDING THE
RESPONSIBILITIES OF PROPERTY OWNERS WlTH REGARD TO THE
ABATEMENNT OF GRAFFITI AND AMENDING ENFORCEMENT PROVISIONS.
(4:OO PM)
Commissioner Libbin briefly reviewed the lengthy history of the ordinance amendment.
Commissioner Tobin made a motion to bring the ordinance amendment back to the
Commission for first reading. Commissioner Exposito seconded the motion. (Vote 3-0)
Jose Smith, City Attorney, noted that Paragraph 3 in the amendment no longer applies
and should be removed before first reading.
ACTION: The Committee (Commissioners Libbin, Tobin and Exposito) moved to bring
the ordinance amendment back to the Commission for first reading.
9. DISCUSSION REGARDING WHAT TO DO WlTH THE OFF-LEASH AREA FOR DOGS
DURING CONSTRUCTION OF THE PUBLIC ART PROJECT BY THE ARTIST TOBIAS
REHBERGER IN SOUTH POINTE PARK. (3:42 PM)
Hilda M. Fernandez, Assistant City Manager, reviewed the history of the off-leash area.
Carla Probus spoke.
Commissioner Libbin stated that if the Commission decides in January to continue with
the off-leash dog area in the park that he wouldn't have any problem with the dogs going
back to the area where they are currently located sharing the space with the artwork. In
the meantime, he would have no problem with the temporary relocation to Option B
identified in the supporting documentation during construction of the artwork.
Discussion continued regarding the possibility of natural barriers for the off-leash area
and reasons for the hours that were decided upon for the area during previous
discussions.
Commissioner Exposito made the motion to direct staff to go with the temporary
relocation of the off-leash area to Option B at a point in time during construction of the
artwork where fencing of the area becomes necessary. Motion seconded by
Commissioner Tobin. (Vote: 3-0)
ACTION: The committee (Commissioners Libbin, Tobin and Exposito) moved to direct
staff to go with the temporary relocation of the off-leash area to Option B at a point in
time during construction of the artwork where fencing of the area becomes necessary.
10. DISCUSSION REGARDING RESTRUCTURING THE SAFETY COMMITTEE. (2:54
PM)
Commissioner Libbin recapped that the Commission voted to change the structure of the
Safety Committee to require, after a certain date, with an allowance for a six month
period for training, that one of the two appointments by each Commissioner be Citizens
Emergency Response Team (CERT) certified.
Raul Aguila, Assistant City Attorney, concurred with Commissioner Libbin.
City Commission Memorandum
January 19,201 1
Report of the Neighborhoods /Community Affairs Committee of December 14,2010
Page 5 of 5
Robert Parcher, City Clerk, reminded the Committee that this topic was referred to this
Committee for discussion between first and second reading. However, the Commission
took action on second reading during its December 8, 2010 meeting. No action was
needed by the Committee.
11. DISCUSSION REGARDING THE ISSUE OF A PARKING PROBLEM BY THE
HEBREW ACADEMY. (3:22 PM)
Commissioner Tobin explained why he requested this item be discussed so quickly. He
was wondering if something could be done to increase parking for the Hebrew Academy
as it has become a life safety issue.
Leah Klein spoke.
Dr. Roni Raab spoke.
Saul Frances, Parking Department Director, reviewed the difficulties for both the
residents and the Hebrew Academy in this neighborhood. There was discussion about
the use of a particular parcel for additional parking.
Jose Smith, City Attorney, explained that there is a very complicated settlement
agreement from 1995 that he needs to review, including its exhibits, to determine if the
parcel that is being discussed is within the settlement agreement or outside of it.
Commissioner Exposito believes the parcel is not part of the settlement agreement;
however, he will defer to the City Attorney's opinion. He brought out a map to point out
the parcel being discussed as a potential parking lot to ensure everyone was on the
same page. Commissioner Tobin recalled reading an old document that he believes
gave the Hebrew Academy a potential option to purchase the swale area with the
consent of the City.
Commissioner Tobin made a motion to direct the City Attorney's Office to research
whether the parcel is unencumbered by the settlement agreement and if there is an
option available for the Hebrew Academy to either purchase or lease the property, and
for Mr. Frances to measure and report as to what can be done in the space available
and report back to the Committee. Motion seconded by Commissioner Exposito. (Vote:
3-0)
ACTION: The Committee (Commissioners Libbin, Tobin and Exposito) moved to direct
the City Attorney's Office to research whether the parcel is unencumbered by the
settlement agreement and if there is an option available for the Hebrew Academy to
either purchase or lease the property, and for Mr. Frances to measure and report as to
what can be done in the space available and report back to the Committee.
THE MEETING ADJOURNED AT 4:05 PM.
Note: The next meeting of the Neighborhoods/Community Affairs Committee is scheduled -
for Tuesday, January 1 I, 201 1 in the City Manager's Large Conference Room, 4th Floor of
T:\AGENDA\201I\I-19-1 I\NCAC Report - December 14,2010.doc
7 1
AM1 BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
To:
From:
Date:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manage
January 19,201 1
Subiect: REPORT OF THE CAPITAL IMPROVE Ad PRk&TS OVERSIGHT COMMIITEE
MEETING OF NOVEMBER 8,201 0
The meeting was called to order at 5:43PM
Please note: These minutes are not a full transcript of the meeting.
Full audio and visual record of this meeting is available online on the Cify's website:
http:// www. miamibeach fl.gov/video/video. asp
AlTENDANCE
See attendance sheet copy attached.
REVIEW AND ACCEPTANCE OF MINUTES
Eleanor Carney requested that the October 18' 201 0 minutes reflect that she recommended that
the City's Neighborhood lmprovement Project contract require coordination with others (County
Venetian Causeway Contractor).
MOTION: Acceptance of Minutes of the October 18,20 10 ClPOC Meeting
MOVED: E. Carney lSt, R. Kendle Pd
PASSED: Unanimous
OLD BUSINESS 5:44PM
Normandy Shores Neighborhood lmprovement Project
Doing final walk-thru on punchlist items. Re-grading and sodding has begun in the Fairway
Drive swale areas.
Venetian Island Neighborhood lmprovement Project
Watermain construction is on schedule and will be completed by the end of this year. A contract
has been awarded for the Venetian Causeway Construction. Eleanor Carney would like staff to
verify whether the County's Venetian Causeway construction contract requires that it coordinate
its work with the City's Neighborhood lmprovement Project contractor. Mr. Carreiio stated that
the City's Contract already has this wording, he will check on the County's contract.
'~~enda j Item [b R
1
I Date ///9--//
ClPOC Committee Meeting Minutes from November 8,2010
Page 2 of 3
Sunset Islands I & I1
All permits have been received. Waiting on outcome of the one-way street ballot. HOA has
received the proposed ballots and are reviewing. It is anticipated that the HOA comments will
be received within a week.
Sunset Islands Ill & IV
At the request of the HOA, the City will be creating a special assessment district for purposes of
financing the overhead to underground utility conversion. CIP submitted a revised estimate to the
HOA for their review.
Palm & Hibiscus
The election for the Special Taxing District is scheduled for December 7, 201 0.
FlaminqolWest Avenue Neighborhood
CIP reported that the Stormwater Master Plan remains on schedule. The Flamingo Bid Package
1 OF Project is under construction and completion is anticipated in May 201 1.
COMMISSION ITEM 6:08pm
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH,
FLORIDA, APPROVING AND AND AUTHORIZING THE MAYOR AND ClTY CLERK TO
EXECUTE THE SPECIFICATIONS FOR PRECAST TRANSFORMER LOCATION AGREEMENT
WITH FLORIDA POWER AND LIGHT COMPANY (FPL), AND GRANT FPL AN EASEMENT TO
FLORIDA POWER AND LIGHT COMPANY FOR THE INSTALLATION AND MAINTENANCE OF
UNDERGROUND CONDUITS AND A TRANSFORMER THAT WILL SERVE THE NORTH SHORE
BANDSHELL PARK AND FACILITIES.
MOTION: Recommend to the Mayor and City Commission approval of Commission Item
MOVED: Stacy Kilroy Is> Christina Cuervo 2'"'
PASSED: Unanimous
DISCUSSION 6:llpm
Chairman Gross noted that the ClPOC Agendas generally only contain status reports and that
community involvement is waning. It was also noted that this is the second consecutive meeting
with minimal to no community involvement and the previous month's quorum was almost not
reached. R. Kendle noted that the committee's use may no longer be required since a new
Director and senior staff has been retained that are responsive to the community and committee
needs. E. Agazim also supported the sunsetting of this Committee. Discussion ensued regarding
the potential loss of a forum for community involvement as it relates to CIP projects. C. Carreiio
stated that the loss of this Committee will not jeopardize or minimize community involvement
since the program has a requirement for specific community involvement meetings throughout a
project's timeline and that this community brings all of its concerns to the Administration via the
Mayor and Commissioner's Office, WebQA, or direct to the City's management team.
Discussion continued as to the pros and cons of minimizing the number of meetings.
This discussion was followed up by a discussion regarding the adequacy of CIP staff to manage
projects.
ClPOC Committee Meeting Minutes from November 8,2010
Page 3 of 3
Chairman Gross indicated that the City can benefit from hiring experienced construction
managers to manage City projects. F. Karlton inquired whether this engagement would be on
an hourly basis or fixed fee. Chairman Gross noted that he would recommend fixed fee with
built-in incentives for early completion and cost savings. The Committee asked C. Carreiio what
he thought of Gross' concept. Mr. Carreiio noted that there is value to hiring a construction
manager to manage a large project but that the construction manager must be in contract privity
with the subcontractors and that the City participate in subcontractor selections, scope definition
and contract negotiations. The CIP Office is considering the use of a Construction Manager for
the Flamingo - West Avenue Neighborhood Project.
After considerable discussion, it was recommended that the Administration advise the Mayor of
the discussion that took place and for the Mayor's Office to take action regarding the ClPOC
Committee.
Meeting Adiourned 6:30pm
THIS PAGE INTENTIONALLY LEFT BLANK
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City
DATE: January 19, 201 1
SUBJECT: REPORT OF THE LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A meeting of the Land Use and Development Committee was held on December 13,
2010. Members in attendance were Commissioners Wolfson and Tobin; Commissioners
Libbin and Weithorn also attended. Members from the Administration and the public
were also in attendance. Please see the attached sign-in sheet. The meeting was
called to order at 4:20 pm.
OLD BUSINESS:
1. DISCUSSION ON THE ISSUANCE OF A REQUEST FOR PROPOSAL
(RFP) TO DEVELOP A CITY-WIDE TRANSPORTATION PLAN.
(RETURNING FROM THE OCTOBER 25,2010 LUDC MEETING)
AFTER-ACTION: Deferred to January 31,201 1
NEW BUSINESS:
2. DISCUSSION TO TIGHTEN THE ClTY ORDINANCE INVOLVING
CONDITIONAL USE PROCEDURE FOR SECOND HAND STORES.
(ITEM C4F, NOVEMBER 17,2010 ClTY COMMISSION MEETING)
AFTER-ACTION: Richard Lorber introduced the item and explained the existing
rules for both Pawnshops and Second Hand Goods stores. Currently the City Code
specifies that in those commercial zoning districts that permit them, pawnshops are a
Conditional Use, requiring review and approval by the Planning Board. Second Hand
Goods stores, however, while subject to some regulation, are not conditional uses.
The Committee discussed extending a similar Conditional Use requirement to
second hand goods dealers (non-apparel).
MOTION: TobinNVolfson (vote 2-0)
Refer the matter to the Planning Board.
3. DISCUSSION REGARDING RM-3 DISTRICTS AND REQUIRING
ANY TRANSIENT RENTAL TO COMPLY WITH STATE AND
CIN LAW, SALES TAX BEING PAID AND GUESTS BEING
REGISTERED IN OCCUPANCY AT A FRONT DESK
OPERATION.
(ITEM C41, SEPTEMBER 15,201 0 CITY COMMISSION MEETING)
I Agenda Item 1 -
I
j
I
Date -
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of Decemberl32,2010
Page 2 of 3
AFTER-ACTION: Commissioner Weithorn discussed the matter with the committee,
and explained her concerns regarding Condo hotel units being rented by individual
owners rather than through the hotel pool or a management company. City
Attorney's Office indicated that it would be difficult to compel an owner to rent
through these channels exclusively. Staff indicated that nevertheless, the City Code
and Florida Statutes are clear that even one individual condo hotel unit rented by its
owner is responsible for paying resort taxes. Commissioner Weithorn indicated that
rather than pursuing a Code change, it would be acceptable for the Finance
Department to pay special attention when auditing Condo Hotel facilities for resort
tax purposes, and ensure that individually owned and leased hotel units not
accounted for under the main hotel pool should be looked into and made to comply
with existing requirements.
4. DISCUSSION OF LESSENING THE INTENSITY OF THE 1-1 DISTRICT
(ITEM R5F, NOVEMBER 17,2010 ClTY COMMISSION MEETING)
AFTER-ACTION: Commissioner Wolfson introduced the item, and the Committee
discussed the various issues related to intensity in the 1-1 district of Sunset Harbour.
Discussion focused upon the proposed towing facility at the former Windjammer
building. Richard Lorber updated the Committee on the status of that application.
The Committee directed staff to move forward to tighten the regulations within that
district, to take appropriate steps to limit the number of towing companies in the
neighborhood, and to ensure the vacation of the Empire Plumbing site by Tremont
Towing if they are approved for an alternate location. Nancy Liebman spoke about
the neighborhood and expressed support for the proposed legislative changes. The
Committee also requested limitations on Neighborhood Impact Establishments within
the area, and at the request of staff, referred the modification of the mechanical
parking ordinance to the Planning Board.
MOTION: Staff to prepare additional modifications to the regulations for the 1-1
Urban Light Industrial district, including limits on towing facilities, Neighborhood
lmpact Establishments, and other developments with potential for negative impacts.
Referred the modification of the mechanical parking ordinance to the Planning
Board.
5. ALTON ROAD HISTORIC DISTRIC BUFFER OVERLAY
(ITEMS R5A & R5J, NOVEMBER 17,2010 ClTY COMMISSION MEETING)
AFTER-ACTION: Jorge Gomez and Richard Lorber introduced the item, and explained
how staff has been meeting with attorneys representing certain property owners who
objected to the ordinance, and with representatives from the neighborhoods, in an
attempt to forge a compromise on several limited points of disagreement. As a result, the
Administration proposed an alternate version of the ordinance that would satisfy the
most critical objections from both sides; while continuing to represent sound planning
principles and the interests of the city-at-large. Staff indicated that although there are still
two or three points of contention, the two sides are much closer than previously.
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of Decemberl32,2010
Page 3 of 3
Neisen Kasdin spoke on behalf of property owners, and indicated their points of
agreement and their points of contention. Members of the Flamingo Park Neighborhood
Association spoke, including Jack Johnson, Jeff Donnelly, Denis Russ, Mark Needle,
Adam Shedroff, and others, spoke of their continuing concerns regarding the potential
for new development to impact the historic district. Gabrielle Redfern spoke in favor of
reducing or eliminating parking requirements. Tammy Tibbles and Jimmy Resnick
spoke in favor of maintaining a higher level of development rights.
Commissioner Tobin expressed continued support for the buffer area at the rear of the
Alton Road properties abutting residential uses, but had additional questions regarding
the rest of the issues. Commissioner Wolfson expressed support for the lower heights
originally recommended by the Planning Board. Commissioner Libbin enquired into how
the allowable square footage was permitted to be distributed, and pointed out the
distances from the rear setback of the upper portion of the buildings to the rear property
line. Jorge Gomez summarized the ordinance's goals and explained that the
Administration's revised proposal makes sense from the planning standpoint.
MOTION: (vote 3-0)
Continue the matter for one month, until the next LUDC meeting in January.
6. ORDINANCE PROVIDING A RECYCLING PROGRAM FOR MULTI-
FAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS.
(ITEM C4A, DECEMBER 8,2010 CITY COMMISSION MEETING)
AFTER-ACTION: Staff explained the proposed ordinance, which will require
mandatory recycling, via the establishment of a City of Miami Beach Recycling
Program, for multifamily residences and commercial establishments in the City. The
Committee discussed the two versions of the Ordinance, Option "A, the
Administration version, and Option "6" the Sustainability Committee version.
MOTION: Tobin (no second)
Approve the original version of the proposed ordinance.
MOTION: WeithornNVolfson (vote 3-0)
Bring the Administration version of the proposed ordinance to the Finance
Committee.
JMG
T:\AGENDA~OIO\NOV~~~~~~ 17\Consent\LUDC Meeting of October 25,2010.docx
LAND USE AND DEVELOPMENT COMMITTEE MEETING December 13,2010 @ 4:00 pm City Manager's Large Conference Room
AMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO: Mayorivlatti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez 2
DATE: January 19, 2011
SUBJECT: REPORT OF THE FINANCE UND CITYWIDE PROJECTS COMMITTEE
MEETING OF December 16,2010.
OLD BUSINESS
1. Discussion regarding recent billing of Parking Impact Fees and the
possibility of a moratorium due to present economic market conditions
ACTION
The Committee approved and referred the following to the Planning Board:
allowing a yearly fee to be paid for new construction
accept the modifications to the map for parking districts
reducing the percentage for the yearly fee from 3% to 2% I
The Committee requested analysis on how other cities handle parking
requirements and recommendations on how to reduce the parking requirement for
providing valet service.
Acting Planning Director Richard Lorber presented the item and gave a synopsis of the
memo.
The Committee discussed the recommendations in the memo. Commissioner Jerry
Libbin asked for an analysis on how other cities handle parking requirements.
Commissioner Jonah Wolfson suggested reducing the percentage for the yearly fee from
3% to 2%. The Committee discussed the ramifications of reducing the fee from 3% to
2% or 1.5% if business offers valet parking. The Committee recommended referring to
the Planning Board a reduction of the fee from 3% to 2%. Commissioner Wolfson then
suggested reducing the full fee from $35,000 to $25,000. The Committee recommended
reviewing these issues again after the previously requested analysis is presented.
Commissioner Wolfson also suggested a 50% credit for providing valet service.
Discussion ensued. The Committee asked the Administration to bring back
recommendations on how to reduce the parking requirement for businesses providing
valet service.
The Committee approved and referred the following to the Planning Board:
allowing a yearly fee to be paid for new construction
1 Agenda Item e 6D I
Date /-/9-/
accept the modifications to the map for parking districts
reducing the percentage for the yearly fee from 3% to 2%
The Committee requested analysis on how other cities handle parking requirements and
recommendations on how to reduce the parking requirement for providing valet service.
2. Discussion regarding a Fire Services Assessment Study
ACTION
The Committee recommended not issuing the Request for Proposal (RFP) and not
to bring this item back until all other items from the revenue enhancement study
have been addressed.
Budget & Performance Improvement Director Kathie Brooks presented the item.
At the July 7, 2010 Finance and Citywide Projects Committee Meeting the 2010 City of
Miami Beach Revenue Enhancement Study prepared by Willdan Financial Services, Inc.
(Willdan) was discussed. In that study, Willdan identified a potential fire assessment fee
as a revenue enhancement to fund a portion of the Fire Department's budget. As part of
the discussion the Committee directed the administration to pursue a study of
developing a fire protection assessment fee program.
In their Revenue Enhancement study, Willdan found that the imposition to fund fire
protection services has been upheld by the Florida Supreme Court (City of North
Lauderdale v. SMM Properties, 825 So.2d 343 (Fla., 2002)) and that "the adoption and
levy of such an assessment for the City of Miami Beach could provide significant relief to
the General Fund that currently funds all costs related to fire suppression, education and
inspection" (p.47). The fire assessment would not include expenses related to fire code
inspections, pre-fire planning, non-fire related rescue services and other non-emergency
services. Unlike property taxes that are assessed based on value, the basis of a fire
assessment fee is related to the benefit derived from fire protection services, and is
typically assessed as a flat fee per residential unit, and based on square footage for non-
residential units. As a result, even if the new assessment revenue is offset by a
decrease in the millage rate, some properties will see a net increase in combined
property taxes and special assessment fees, while others will see a net decrease. The
FY 201 011 1 budgeted expenditures for the Fire Department, are $56,115,331, of which
$25,778,951 is for suppression.
The Committee recommended not issuing the Request for Proposal (RFP) and not to
bring this item back until all other items from the Revenue Enhancement study have
been addressed.
NEW BUSINESS
3. Discussion regarding including the "Corporate Responsibility" criterion
in the Request for Proposal (RFP) to provide parking
cashierslattendants and supervisors for the City's parking garages.
ACTION
The Committee recommended the item be brought to the January 19, 2011
Commission Meeting.
The Committee asked for a Letter to Commission (LTC) to report on parking
garage systems that would allow one attendant to remotely handle several
garages at the same time.
Parking Director Saul Frances presented the item and gave a brief synopsis of the
memo.
The Committee approved the Corporate Responsibility criterion. Commissioner Jerry
Libbin was concerned about the total number of hours listed in the RFP and asked if the
minimum number of hours the City would buy was 80,000. Mr. Frances stated that it
was. Commissioner Ed Tobin asked when all City garages would be automated and
would require no parking attendants. Mr. Frances stated that he is working with the CIP
Department to design some of the locations to have a central cashiering location and
that there would still need to be one cashier in each facilit to be able to process
ti! disabled validations. Mr. Frances also stated that the 12 Street, 13'~ Street, the
Pennsylvania, the City Hall, and 5th and Alton garages are already automated. The
balance of the garages, the 17'h Street, 7'h Street, Anchor and 42" Street, still need to
be automated. Commissioner Tobin asked if Mr. Frances could look for a system that
would allow one person to remotely handle more than one garage at a time and submit a
report by Letter to Commission (LTC) on his findings. Chairperson Deede Weithorn
asked if Mr. Frances how many hours were purchased this year. Mr. Frances stated
approximately 125,000 - 130,000 were purchased this year. The Committee
recommended the item be brought to the January 19, 201 1 Commission Meeting.
4. Discuss a resolution approving the Miami Beach Sustainability Master
Plan
ACTION
The Committee recommended the item be brought to the January 19, 2011
Commission Meeting.
Public Works Director Fred Beckmann presented and gave a brief history of the item.
A sustainability plan is intended to provide a straightforward and flexible process to
create a long-term plan that brings together environmental, economic, and social
initiatives under one holistic vision. The objectives of the City of Miami Beach's
Sustainability Plan are to assist the City in realizing the Key Intended Outcome (KIO) of
enhancing environmental sustainability of the community and guide the Sustainability
Committee in its mission. The Plan will provide structure and focus to existing and future
green policies and initiatives in order to successfully enhance the three basic
components of sustainability; environment, society, and economy. Each new initiative
that the Sustainability Committee proposes will be assessed for its potential financial
impact and brought before the Finance & Citywide Projects Committee for approval, if
necessary. It is not the intent of the Plan to create unfunded or underfunded programs
or initiatives, but rather to provide a mechanism to wisely select those initiatives that are
both environmentally and economically feasible for the City.
The Committee recommended the item be brought to the January 19,201 1 Commission
Meeting.
5. Discussion of drainage of the Sunset Harbor neighborhood to repair
Pumps
ACTION
The Committee requested a Letter to Commission (LTC) stating how much was
spent in the Sunset Harbor neighborhood in the last 8 years trying to remediate
the flooding, who designed the drainage solutions for that area, and what the
regulations were, if any, that prohibited the City from implementing a plan that
would have resolved the flooding.
Public Works Director Fred Beckmann presented and gave a brief history of the item.
Commissioner Ed Tobin asked how much was spent in the last 7 years in the
neighborhood trying to remediate the flooding, who designed the drainage solutions for
that area and what the regulations that prohibited the City from implementing a plan that
would have remediated the flooding. Discussion ensued. The Committee requested a
Letter to Commission (LTC) stating how much was spent in the Sunset Harbor
neighborhood in the last 8 years trying to remediate the flooding, who designed the
drainage solutions for that area, and what the regulations were, if any, that prohibited the
City from implementing a plan that would have resolved the flooding.
6. Discussion regarding the issuance of a Request for Proposals (RFP) to
award a concession agreement for the management and operation of a
Hop-on-Hop-off city bus tour service from various locations in the City.
ACTION
The Committee asked staff to research the legal issues and bring a report back
with the revenue opportunities to a future Finance & Citywide Projects Committee
meeting.
Cultural Arts &Tourism Development Director Max Sklar presented the item.
Hop-on-Hop-off city tours, also often known as Loop Tours, provide a quick and
convenient way to get an overview of a city. They are frequently used by visitors on their
first day or two in a new city to quickly give them an overview of the area while a tour
guide provides a history and interesting facts of the city. Hop-on-Hop-off tours are also
used by visitors who only have a very short amount of time in an area as it enables them
to cover a lot of ground in a short period of time and experience most of the major city
attractions.
Gray Line Miami (Gray Line) began operating a Hop-on-Hop-off sightseeing tour in
Miami-Dade County in January 2010. The service runs daily, originating from their
central station at Bayfront Park in Downtown, Miami, with two loops: the Beach Loop and
the City Loop. In order to start the tour service, Gray Line entered into an agreement
with Miami-Dade Transit to use bus stops throughout Miami Beach and Miami-Dade
County for each stop of the tour. Gray Line recently approached the City about
partnering to add kiosks at key locations in Miami Beach, to increase their visibility and
ridership. In other cities where Gray Line provides this service, on-street kiosks are
handled through a permit or license. However, in Miami Beach the City Code doesn't
allow for the sale of goods or services from the public right-of-way. A concession
agreement would be required if the City desired to offer this service. The Administration
suggests the issuance of a Request for Proposal (RFP) for a concession agreement to
allow for a hop-on-hop-off operator to install kiosks at various locations in the City.
Chairperson Deede Weithorn was concerned about possible legal issues. The
Committee asked staff to research the legal issues and bring a report back with the
revenue opportunities to a future Finance & Citywide Projects Committee meeting.
7. Line of Credit
ACTION
The Committee recommended the item be brought to the January 19, 2011
Commission Meeting.
Chief Financial Offtcer Patricia Walker presented the item.
In 2009 the City secured a joint line of credit for $60 million from SunTrust, Bank of
America, and Wells FargoNVachovia split equally among the three banks, for an 18
month term to allow the City to award scheduled projects while spending existing bond
proceeds on both existing projects as well as those secured by the line of credit. Ms.
Walker stated that, as planned, the line was reduced to $30 million when the Water and
Sewer Bonds were sold. In anticipation of the line's expiration, Ms. Walker went back to
the three banks and asked for new proposals to renew the $30 million line of credit.
Wells Fargo chose not to participate, while the other two banks replied with terms that
were not reflective of the current market conditions. Ms. Walker then reached out to TD
Bank and JP Morgan Chase for proposals. Ms. Walker stated that JP Morgan Chase
had the best offer and asked the Committee to recommend moving ahead with the line
of credit. Ms. Walker also noted that she would ask that the credit line not be specific to
Water, Sewer and Storm Water projects, but to make it a general line of credit for capital
projects. The Committee recommended the item be brought to the January 19, 2011
Commission Meeting.
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title: I A Resolution authorizing the City Manager to apply for and accept two (2) grants.
Key Intended Outcome Supported: I 1) Protect historic building stock; 2) Reduce the number of homeless. 1
Supporting Data:
2009 Community Survey: 1) All respondents were asked by researchers to indicate if they felt the effort put
forth by the City of Miami Beach on historic preservation was too little, too much or about the right amount.
15.4% of respondents indicated that they felt the effort put forth by the City on historic preservation was "too
little"; 7.5% felt that it was "too much" and 77.1 % that it was "about the right amount"; 2) "The City's efforts to
address homelessness" was a key driver for resident respondent in how they view the city as a place to live,
view city government on meeting expectations and if they would or would not recommend the city as a place
to live; 'A lot of homeless' was rated amongst the top five things that have a negative impact on the qualityof
life. --
Issue:
Shall the City support the following funding requests and execute the related agreements? I
Item Summary/Recommendation:
1) Retroactive approval to submit a want application to the State of Florida, Division of Historical Resources
for the Historic Preservation Small Matching Grant program in the amount of $10,000 for the City's North
Beach MiMo Public Awareness Program; and, 2) Approval to submit an application to Miami-Dade County
Homeless Trust for funding for Identification Assistance Services for homeless individuals and families in an
amount not to exceed $50,000 for the City's Homeless Outreach Program; appropriating the grants, and
matching funds as necessary, if approved and accepted by the City and authorizing the execution of all
necessary documents related to these applications.
Advisory Board Recommendation: NIA
Financial Information:
( source I # 1 Grant NamelProject 1 Grant Not I Match Amount/Source
funds ,
Preservation GranUNorth
Beach MiMo Public Awareness
TrusUldentification Assistance
Service
I To Exceed I
$5,000 cash from the Planning
Department Budget and $9,937
in in-kind match (salaries).
Amount
$10,000
City Clerk's Office Legislative Tracking:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Match amount: $14,937.
AGENDA lTEM C 7P
DATE -.
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING
THE ClTY MANAGER OR HIS DESIGNEE TO SUBMITAGRANT APPLICATION
TO: I) THE STATE OF FLORIDA, DIVISION OF HISTORICAL RESOURCES
FOR THE SMALL MATCHING HISTORIC PRESERVATION GRANTS
PROGRAM FOR FUNDING IN AN AMOUNT NOT TO EXCEED $10,000 FOR
THE CITY'S NORTH BEACH MlMO PUBLIC AWARENESS PROGRAM, AND 2)
TO MIAMI-DADE COUNTY HOMELESS TRUST FOR FUNDING FOR
IDENTIFICATION ASSISTANCE SERVICES FOR HOMELESS INDIVIDUALS
AND FAMILIES IN AN AMOUNT NOT TO EXCEED $50,000 FOR THE CITY'S
HOMELESS OUTREACH PROGRAM; APPROPRIATING THE ABOVE GRANTS,
AND MATCHING FUNDS AS NECESSARY IF APPROVED AND ACCEPTED BY
THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY
DOCUMENTS RELATED TO THESE APPLICATIONS =
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
I. Retroactive approval to submit a grant application to the State of Florida, Division of
Historical Resources for the Small Matching Historic Preservation Grants Proqram
for fundina in an amount not to exceed $10,000 for the City's North Beach MiMo
Public Awareness Program,
The State of Florida's Small Matching Historic Preservation Grants program awards funding
for the restoration of historic structures, archaeological excavations, recording of the historic
and archaeological sites, state historical markers and historic preservation education
projects. Applications are evaluated based on historic significance, endangerment,
appropriateness of the preservation treatment proposed, administrative capability of the
organization, adequacy of technical and financial resources, educational potential, economic
benefits, and public good resulting from the project. The maximum award amount is
$50,000.
Commission Memorandum
Page 2
The City's Normandy Isles and North Shore Historic Districts were recently listed on the
National Register of Historic places. These districts embody the distinctive characteristics of
the architecture and popular culture of the Post World War II era and represent one of the
largest and most cohesive concentrations of buildings from that era remaining in South
Florida. This includes a number of landmark hotels and commercial buildings, but the vast
majority are modest apartment buildings constructed to house a burgeoning population of
veterans and seasonal visitors returning o Miami Beach following World War 11. The local
adaptations of Post War Modern architecture have been dubbed "Miami Modern" or "MiMo".
The City has applied for funding for a North Beach MiMo Public Awareness program. The
goal of the grant is to bring public awareness to a style of architecture from the recent past
that is not yet well understood or valued by the general public and to generate tourism and
increase business in the North Beach neighborhood of Miami Beach. Lack of knowledge of
the significance of this architecture is a threat to historic contributing buildings. Prior to the
economic downfall the primary threat to historic contributing buildings was the demolition
and replacement of MiMo buildings with condominiums.
The grant will enable the City to produce a website and brochure with the following
purposes: 1 ) educate the general public about the architectural significance of the districts;
2) build community pride within the North Beach neighborhood; 3) generate cultural tourism;
and, 4) stimulate investment in the rehabilitation of historic buildings in the historic district.
The city has applied for funding in the amount of $10,000 and the state funds must be
matched equally with city funds. If awarded, the City will match this grant in the amount of
$14,937 which will be provided in the form of cash and in-kind services (salaries of staff
working on the project). This grant supports the key intended outcome: protect historic
building stock.
2. Miami-Dade County Homeless Trust for funding for ldentification Assistance
Services for homeless individuals and families in an amount not to exceed $50,000
for the City's Homeless Outreach Program
The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County
Commissioners to, among other things, oversee the use of the Food and Beverage Tax and
other funds and to establish and implement policies based on the Miami-Dade County
Community Homeless Plan. The Plan is a comprehensive continuum of care system to
serve homeless persons in Miami-Dade County.
The City currently receives Homeless Trust funding for its current Homeless Outreach
program. In addition to Homeless Outreach funding, the Homeless Trust also has
ldentification Assistance funding available to provide assistance in obtaining identification
and other personal documents on behalf of homeless individuals and families in Miami-Dade
County. The funds can also be used to cover related costs or fees associated with obtaining
or replacing documents utilized to establish identification, such as Florida identification
cards, birth certificates, marriage certificates, school records, social security cards etc.
The Administration intends to apply for funding in an amount not to exceed $50,000 to
provide this service. This ldentification Assistance service will be folded into the City's
current Homeless Outreach Program. The grant does not require matching funds and
supports the key intended outcome: reduce the number of homeless.
Commission Memorandum
Page 3
CONCLUSION
The Administration requests retroactive approval to authorize the City Manager or his
designee to I) submit an application to the State of Florida, Division of Historical Resources
for the Historic Preservation Small Matching Grant program in the amount of $1 0,000 for the
City's North Beach MiMo Public Awareness Program; and 2) to submit an application to
Miami-Dade County Homeless Trust for funding for Identification Assistance Services for
homeless individuals and families in an amount not to exceed $50,000 for the City's
Homeless Outreach Program; appropriating the above grants, and matching funds as
necessary, if approved and accepted by the City and authorizing the execution of all
necessary documents related to these applications.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND
AUTHORIZING THE ClTY MANAGER, OR HIS DESIGNEE, TO SUBMIT A
GRANT APPLICATION TO: 1) THE STATE OF FLORIDA, DIVISION OF
HISTORICAL RESOURCES FOR THE SMALL MATCHING HISTORIC
PRESERVATION GRANTS PROGRAM FOR FUNDING IN AN AMOUNT
NOT TO EXCEED $10,000 FOR THE CITY'S NORTH BEACH MlMO PUBLIC
AWARENESS PROGRAM, AND 2) TO MIAMI-DADE COUNTY HOMELESS
TRUST FOR FUNDING FOR IDENTIFICATION ASSISTANCE SERVICES
FOR HOMELESS INDIVIDUALS AND FAMILIES IN AN AMOUNT NOT TO
EXCEED $50,000 FOR THE CITY'S HOMELESS OUTREACH PROGRAM;
APPROPRIATING THE ABOVE GRANTS, AND MATCHING FUNDS AS
NECESSARY IF APPROVED AND ACCEPTED BY THE CITY, AND
AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS
RELATED TO THESE APPLICATIONS.
WHEREAS, the State of Florida's Small Matching Historic Preservation Grants
program awards funding for the restoration of historic structures, archaeological
excavations, recording of the historic and archaeological sites, state historical markers,
and historic preservation education projects; and
WHEREAS, the City's Normandy Isles and North Shore Historic Districts were
recently listed on the National Register of Historic Places and these Districts embody the
distinctive characteristics of the architecture and popular culture of the Post World War II
era and represent one of the largest and most cohesive concentrations of buildings from
that era remaining in South Florida; and
WHEREAS, the local adaptations of Post War Modern architecture have been
dubbed "Miami Modern" or "MiMo"; and
WHEREAS, the City has applied for funding for a North Beach MiMo Public
Awareness Program with the goals of bringing public awareness to a style of
architecture from the recent past that is not yet well understood or valued by the general
public and to generating tourism and increasing business in the North Beach
neighborhood of Miami Beach; and
WHEREAS, lack of knowledge of the significance of this architecture is a threat
to historic contributing buildings, and, prior to the economic downfall, the primary threat
to historic contributing buildings was the demolition and replacement of MiMo buildings
with condominiums; and
WHEREAS, if awarded, this grant will enable the City to produce a website and
brochure with the following purposes: 1) educate the general public about the
architectural significance of the districts; 2) build community pride within the North Beach
neighborhood; 3) generate cultural tourism; and 4) stimulate investment in the
rehabilitation of historic buildings in the historic district; and
WHEREAS, the City has applied for funding in the amount of $10,000 and the
state funds must be matched equally, therefore, the City will match this grant in the
amount of $14,937 which will be provided in the form of cash and ,in-kind services
(salaries of staff working on the project); and
WHEREAS, this grant supports the key intended outcome: protect historic
building stock; and
WHEREAS, retroactive approval is requested to submit a grant application to the
State of Florida, Division of Historical Resources for the Small Matching Historic
Preservation Grants Program for funding in an amount not to exceed $10,000 for the
City's North Beach MiMo Public Awareness Program; and
WHEREAS, the Miami-Dade County Homeless Trust was created by the Miami-
Dade Board of County Commissioners to, among other things, oversee the use of the
Food and Beverage Tax and other funds, and to establish and implement policies based
on the Miami-Dade County Community Homeless Plan, which is a comprehensive
continuum of care system to serve homeless persons in Miami-Dade County; and
WHEREAS, the City currently receives Homeless Trust funding for its current
Homeless Outreach Program; and
WHEREAS, in addition to Homeless Outreach funding, the Homeless Trust also
has ldentification Assistance funding available to provide assistance in obtaining
identification and other personal documents on behalf of homeless individuals and
families in Miami-Dade County, and the funds can also be used to cover related costs or
fees associated with obtaining or replacing documents utilized to establish identification,
such as Florida identification cards, birth certificates, marriage certificates, school
records, social security cards; and
WHEREAS, the Administration intends to apply for funding in an amount not to
exceed $50,000 to provide this service; and
WHEREAS, the grant does not require matching funds and supports the key
intended outcome: reduce the number of homeless; and
WHEREAS, the Administration requests approval to apply to Miami-Dade County
Homeless Trust for funding for ldentification Assistance Services for homeless
individuals and families in an amount not to exceed $50,000 for the City's Homeless
Outreach Program.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH that the Mayor and City Commission
hereby retroactively approve and authorize the City Manager or his designee to: 1)
submit an application to the State of Florida, Division of Historical Resources for the
Historic Preservation Small Matching Grant program in the amount of $10,000 for the
City's North Beach MiMo Public Awareness Program; and 2) submit an application to
Miami-Dade County Homeless Trust for funding for Identification Assistance Services for
homeless individuals and families in an amount not to exceed $50,000 for the City's
Homeless Outreach Program; appropriating the above grants, and matching funds as
necessary, if approved and accepted by the City, and authorizing the execution of all
necessary documents related to these applications.
PASSED and ADOPTED this day of ,201 1
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EZECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Retroactively Approving And Authorizing The Mayor And City Clerk To Execute An
Agreement With The State Of Florida Delegating The City Of Miami Beach The Authority To Issue Elevator
Construction Permits, Temporary Operation Permits and Certificates Of Operation; Provide Inspection Of
Elevators And Enforce The Elevator Safety Code Within The City Of Miami Beach For All Elevators,
Except For Elevators Owned By Miami-Dade County.
Key Intended Outcome Supported: I Ensure safety and appearance of building structures and sites; Maximize efficient delivery of services I
Supporting Data (Surveys, Environmental Scan, etc.):
2009 Communitv Satisfaction Survey: 47.4% of residents rated their experience with the Building
Department as excellent or good (an increase of 5.4% from the 2007 Survey), and 57.1% of
businesses rated their experience with the Building Department as excellent or good (an increase of
11.1 % from the 2007 Survey).
Issue:
Shall the City Commission authorize the Mayor and City Clerk to enter into the agreement so that the City
may continue its role of regulating and enforcing elevator safety in the City of Miami Beach?
Item SummarylRecommendation:
Since 1990, the City of Miami Beach has been enforcing elevator inspection laws locally instead of Miami-
Dade County. The City issues elevator construction permits, temporary operation permits and certificates
of operation, in addition to providing elevator inspections and enforcing the Elevator Safety Code for all
elevators, except for elevators owned by Miami-Dade County within the City's boundaries.
The City has had an agreement with the State of Florida to conduct such services since October 1,1990.
Each agreement is for a term of ten (10) years. A subsequent agreement was executed in 2000. The
current agreement for consideration by the City Commission will be retroactive to November 1,2010 and
be valid until June 30, 2020. The new agreement incorporates the same provisions included in the
previous agreement and further clarifies the City of Miami Beach services and responsibilities based on
past experience and new technology. It will not alter in any significant manner the existing process and
organization achieved as a result of improvements during the last 10 years and will not add cod to the
existing budget.
It is recommended that the Mayor and City Commission adopt the attached Resolution approving the
Mayor and City Clerk to enter into an agreement with the State of Florida Department of Business and
Professional Regulation, Division of Hotels and Restaurants, so that the City of Miami Beach may continue
its role of regulating and enforcing elevator safety in the City of Miami Beach.
Advisory Board Recommendation: I NIA
Financial Information:
City Clerk's Office Legislative Tracking:
I Kristin Tigner, Assistant Director
OBPl
Account Amount Source of
Funds:
Financial Impact Summary:
Total
1
2
I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Com rn
Jorge M. Gonzalez, City Manager
January 19,201 1
w
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MlAMl BEACH, FLORIDA, RETROACTIVELY APPROVING AND
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN
AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS
AND RESTAURANTS, DELEGATING TO THE ClTY OF MlAMl BEACH
THE AUTHORITY UNDER CHAPTER 399, FLORIDA STATUTES, TO
ISSUE ELEVATOR CONSTRUCTION PERMITS, TEMPORARY
OPERATION PERMITS, AND CERTIFICATES OF OPERATION; PROVIDE
INSPECTION OF ELEVATORS; AND ENFORCE THE ELEVATOR
SAFETY CODE WITHIN THE CITY OF MlAMl BEACH FOR ALL
ELEVATORS, EXCEPT FOR ELEVATORS OWNED BY MIAMI-DADE
COUNTY.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
Since 1990, the City of Miami Beach has been enforcing elevator inspection laws locally
instead of Miami-Dade County. The City issues elevator construction permits, temporary
operation permits and certificates of operation, in addition to providing elevator inspections
and enforcing the Elevator Safety Code for all elevators, except for elevators owned by
Miami-Dade County within the City's boundaries.
The City has had an agreement with the State of Florida to conduct such services since
October 1,1990. Each agreement is for a term of ten (I 0) years. A subsequent agreement
was executed in 2000. The current agreement for consideration by the City Commission will
be retroactive to November 1, 201 0 and be valid until June 30, 2020.
The new agreement incorporates the same provisions included in the previous agreement
and further clarifies the City of Miami Beach services and responsibilities on past experience
and new technology. It will not alter in any significant manner the existing process and
organization achieved as a result of improvements during the last 10 years and will not add
costs to the existing budget. A copy of the agreement is attached as Attachment 1.
City Commission Memorandum
January 19,201 1
Agreement with DBPR re Elevators
Page 2 of 2
CONCLUSION:
It is recommended that the Mayor and City Commission adopt the attached Resolution
approving the Mayor and City Clerk to enter into an agreement with the State of Florida
Department of Business and Professional Regulation, Division of Hotels and Restaurants,
so that the City of Miami Beach may continue its role of regulating and enforcing elevator
safety in the City of Miami Beach
T:\AGENDA\2011\1-19-1 I\Elevator Agreement Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MlAMl BEACH, FLORIDA,
RETROACTIVELY APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
WITH THE STATE OF FLORIDA, DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION, DIVISION
OF HOTELS AND RESTAURANTS, DELEGATING TO THE
CITY OF MlAMl BEACH THE AUTHORITY UNDER
CHAPTER 399, FLORIDA STATUTES, TO ISSUE
ELEVATOR CONSTRUCTION PERMITS, TEMPORARY
OPERATION PERMITS, AND CERTIFICATES OF
OPERATION; PROVIDE INSPECTION OF ELEVATORS;
AND ENFORCE THE ELEVATOR SAFETY CODE WITHIN
THE CITY OF MlAMl BEACH FOR ALL ELEVATORS,
EXCEPT FOR ELEVATORS OWNED BY MIAMI-DADE
COUNTY.
WHEREAS, the City Commission finds that it is in the best interests of the City of
Miami Beach for elevator inspection laws to continue to be enforced on a local level by
the Miami Beach Building Department instead of Miami-Dade County; and
WHEREAS, the first Agreement took effect on October 1, 1990; the Agreement
was renewed for an additional 10 years, effective July 2000, and has expired; and
WHEREAS, the State of Florida, Department of Business and Professional
Regulation, Division of Hotels and Restaurants, has agreed to enter into a new
Agreement granting the City of Miami Beach the right to enforce the provisions of
Chapter 399, Florida Statutes, within the City of Miami Beach, except with respect to
elevators owned by Miami-Dade County.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, that the Mayor and City
Commission hereby retroactively approve and authorize the Mayor and City Clerk to
execute a new Agreement with the State of Florida, Department of Business and
Professional Regulation, Division of Hotels and Restaurants, delegating to the City of
Miami Beach the authority under Chapter 399, Florida Statutes, to issue elevator
construction permits, temporary operation permits, and certificates of operation; provide
inspection of elevators; and enforce the Elevator Safety Code within the City of Miami
Beach for all elevators, except for elevators owned by Miami-Dade County; said
Agreement having a ten (1 0) year term, commencing retroactively on November 1, 201 0
and ending on June 30,2020.
PASSED and ADOPTED this day of ,2011.
ATTEST:
CITY CLERK
T:MGENDAY201 1\1-19-1 I\Elevator Agreement Reso.doc
MAYOR
APPRWED AS TO
FORM & LANGUAGE
& FO&6xECUTION
ATTACHMENT I
DBPR INTERAGENCY AGREEMENT
BETWEEN THE DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, DIVISION OF HOTELS AND RESTAURANTS AND CITY OF MIAMI
BEACH FOR DELEGATION OF STATUTORY AUTHORITY TO REGULATE
AND ENFORCE ELEVATOR SAFETY
. .'c-i- (JJ pJJ&&!tb
This Agreement is made and entered into this 2 1 . day of Q~&ET, 201 0, by and between the
Department of Business and Professional Regulation, Division of Hotels and Restaurants,
hereinafter referred to as the DEPARTMENT, and City of Miami Beach, by and through the City
of Miami Beach Building Department, Office of Elevator Safety, hereinafter referred to as the
CONTRACTOR. Pursuant to this Agreement, the CONTRACTOR shall issue elevator
construction permits, repair and alteration permits, temporary elevator operation permits and
certificates of operation; shall provide and conduct elevator inspections; and, shall enforce the
applicable provisions of the Florida Building Code, as required by Chapter 399, Florida Statutes,
("Elevator Safety Act"); and Rule Chapter 6IC-5, Florida Administrative Code, ("Florida
Elevator Safety Code") on elevator equipment located in and throughout City of Miami Beach
not already subject to a contracted delegation of authority pursuant to the requirements of
Chapter 399, and Rule Chapter 61 C-5, Florida Administrative Code. In recognition of a
jurisdictional Agreement between the Department and Miami-Dade County, Miami-Dade
County will retain contracted jurisdictional a~~thority of equipment located in its own properties
owned andlor operated by Miami-Dade County, irrespective of location within the City of Miami
Beach Contractual services shall begin, November 1,20 10, or upon full execution of this
Agreement, whichever is the earlier date and services shall end on June 30,2020.
This Agreement is subject to the following provisions:
SPECIAL PROVISIONS
1) INDEPENDENT CONTRACTOR: The CONTRACTOR shall perform and render the
agreed upon services herein as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT, in a proper and satisfactory manner as determined by
the DEPARTMENT in its sole discretion.
2) INCORPORATION: This Agreement incorporates in fi~ll, as if fully set forth herein, the
provisions of the Elevator Safety Act, Florida Elevator Safety Code and Chapters 30 and 35
of the Florida Building Code, as these provisions exist and as they may be amended in the
future.
3) COMMUNICATIONS: The DEPARTMENT agrees to have open and direct lines of
communication with the CONTRACTOR, by providing DBPR staff telephone numbers to
CONTRACTOR designated personnel, and by agreeing to provide advance copies of
Industry Bulletins and Technical Advisories to the CONTRACTOR before they are
published and released to vendors, elevator contractors, license holders and other industry
stakeholders.
The CONTRACTOR likewise agrees to have open and direct lines of co~nmunication with
the DEPARTMENT, by providii~g City of Mianxi Beach staff telephone numbers to
DEPARTMENT designated persollllel, and by agreeing to provide advance copies of
Industry Bulletins and Technical Advisories and other key docunlents to the DEPARTMENT
before they are published and released to vendors, elevator contractors, license holders and
other industry stakeholders.
4) ASSIGNABILITY: TlGs Agreement is exclusive and personal and may not be assigned by
the CONTRACTOR in whole or in part, except that in the event an emergency situation
temporarily prevents the CONTRACTOR fiom perfomling its obligations hereto, the
CONTRACTOR may request written permission ii-om the DEPARThENT to solicit
assistance from any other municipality or county that has entered into a similar interagency
Agreement with the DEPARTMENT to issue elevator construction permits, temporary
elevator operation permits and certificates of operation; provide and conduct elevator
inspections; and enforce applicable provisions of the Florida Building Code, as required by
the Elevator Safety Act and Florida Elevator Safety Code. Emergency assistance shall not
exceed six (6) months without prior approval from the DEPARTMENT.
5) CONSIDERATION FOR SERVICES: Except as otherwise stated herein, in consideration for
the services performed pursuant to this Agreement, the CONTRACTOR is entitled to collect
and retain those statutorily authorized fees and administrative fines, as provided in the
Elevator Safety Act and Florida Elevator Safety Code, associated with the responsibilities
and obligations to be performed herein, which fees and administrative fines would otherwise
be collected by the Division. This Agreement does not address, prohibit nor endorse, legally
or otherwise, any additional fees and administrative fines imposed by the local jurisdiction.
6) CONTRACTOR SERVICES: The CONTRACTOR shall perform the following services:
a. The CONTRACTOR shall conduct elevator inspections in accordance with
Sections 399.061 and 399.13, Florida Statutes. The CONTRACTOR shall ensure
that each inspection is competently performed by the holder of a valid certified
elevator inspector credential, issued by the DEPARTMENT, and maintained in
good standing. As provided in Section 399.13, Florida Statutes, the certified
inspector sliall be independent or an employee of the CONTRACTOR. For each
inspection performed the inspector shall complete an Elevator Inspection Report,
the form which is attached hereto and incorporated by reference as Attachment
"IA" and "IIA", or use of an equivalent form approved by the DEPARTMENT.
The CONTRACTOR shall assume responsibility for inspector compliance with
elevator inspection standards referenced in ASME A17.2, Guide for Inspection of
Elevators, Escalators, and Moving Walks and for correcting any deficient
performance by inspectors it supervises through employment or contractual
relationship. The DEPARTMENT, however, shall retain sole authority for
disciplining an inspector's professional credential certification.
b. The CONTRACTOR shall enforce the applicable provisions of the Florida
Building Code, as required by the Elevator Safety Act, Florida Elevator Safety
Code, and all other applicable and authorized elevator laws, rules and local
ordinances, against any elevator owner or othes person in violation thereof, except
as otherwise provided in this section. "All ei~forcenlent activity shall be conducted
in accordance with the provisions of Chapters 120, 162 and 399, Florida Statutes,
and Chapter 14 - City of Miami Beach City Code and applicable Florida
Administrative Code. "
The DEPARTMENT, however, shall retain all authority with respect to
professio~ial credentials issued pursuant to Chapter 399, Florida Statutes. The
CONTRACTOR shall not issue professional credentials nor shall it enforce the
credentialing provisions of Chapter 399, Florida Statutes. The CONTRACTOR
may issue local jurisdiction summons and collect administrative fines from
credentialed persons or credentialed companies for violating the provisions of the
Elevator Safety Act and the Elevator Safety Code. However, the CONTRACTOR
shall report to the DEPARTMENT all known or suspected violations of Chapter
399, Florida Statutes, or the Elevator Safety Code, committed by holders of a
DEPARTMENT issued professional credential within thirty (30) days of
discovery.
c. The CONTRACTOR shall provide the DEPARTMENT with a Monthly Activity
Report, the form of which is attached hereto and incorporated by reference as
Attachment "IB" and "IIB", or use of an equivalent form. approved by the
DEPARTMENT, which shall include the number of elevator permit applications
received and issued, the number of elevator inspections and callbacks conducted,
complaints and accidents received, inspected and resolved, and the number of
actions initiated to enforce the provisions of the Elevator Safety Act and Elevator
Safety Code. Such report is due to the DEPARTMENT within thirty (30) days of
the end of the month in which activity is reported.
d. The Elevator Safety Act requires that an elevator owner or representative report
any accident occurring on or in an elevator within five (5) working days of the
accident to the DEPARTNENT using the Elevator Owner Accident Report
attached hereto and incorporated by reference as Attachment "ID" and "IID".
However, if the accident occurs within the City of Miami Beach, a copy of any
accident report, shall be forwarded to the DEPARTMENT within thirty (30) days.
e. The CONTRACTOR shall maintain accurate records and documentation,
including copies of all elevator peimit applications received and issued, all
elevator inspection reports issued and all elevator certificate of operation
applications received and issued, pursuant to the requirements of Section 399.13,
Florida Statutes.
f. The CONTRACTOR aclu~owledges and agrees that a11 records and reports
required by this Agreement, the Elevator Safety Act, or Florida Elevator Safety
Code, are subject to inspection by the DEPARTMENT. The CONTRACTOR
shall maintain all such records according to the retention schedule employed by
the DEPARTMENT'S Bureau of Elevator Safety.
g. The CONTRACTOR shall not issue an elevator Certificate of Operation until, the
elevator or vertical conveyance passes its initial or final inspection as applicable,
the elevator company supervisor signs an Affidavit, the certificate and form which
is attached hereto and incorporated as Attachment "IC" and "IIC", or use of an
equivalent form approved by the DEPARTMENT, and witnessed by the
CONTRACTOR'S inspector, which sets forth that the elevator company
supervisor directly supervised construction or installation of the elevator.
h. The CONTRACTOR agrees to establish a Quality Assurance Program in
consultation with, and approved by, the DEPARTMENT, to conduct quality
assurance inspections and to provide the DEPARTMENT with copies of the
quality assurmce inspection reports. The DEPARTMENT will conduct oversight
and monitor inspections as necessary.
7) CONTRACTOR RESPONSIBILITES: The CONTRACTOR shall be responsible for:
a. CONTRACTOR agrees to process all certificates and permits it issues, and
electronically store data, specified below, related to the regulation of elevators,
issuance of permits, certificates of operation, for each item specified in Section
399.13, Florida Statutes until this Agreement terminates.
b. CONTRACTOR agrees to provide the electronic data specified below to the
DEPARTMENT, not later than sixty (60) days prior to and until termination of this
Agreement by either party, in comma-delimited text format that will merge into the
DEPARTMENT'S 'LicenseEase' licensing data software, or any successor and then-
current licensing data management software, with minimal need for data conversion
programming. CONTRACTOR'S failure to provide the specified data in such a
format not later than sixty (60) days prior to tlle ternination of this Agreement is a
breach of this Agreement. CONTRACTOR will reimburse the DEPARTMENT
within sixty (60) days of receipt of an itemized invoice from the DEPARTMENT for
all actual and reasonable costs incurred in good faith by the DEPARTMENT to
merge the specified data into the DEPARTMENT'S 'LicenseEase' licensing data
software, or any successor and then current licensing data management software,
whether such costs are attributable to work performed by the DEPARTMENT or a
source extelnal to the DEPARTMENT. If the need asises, in the sole determination
by the DEPARTMENT, to undertake data conversion in anticipation of the
termination of this Agreement, .the Contractor agrees to provide 111 cooperation and
unobstructed access to the DEPARTMENT'S staff or any external resource engaged
in the conversion work to merge the CONTRACTOR'S data with the
DEPARTMENT'S 'LicenseEase' licensing data software, or any successor and then-
current licensing data manage~nenl. software.
c. The following specific electsonic data is required for conversion at a minimum, for
each item specified in sectioil399.13, Florida Statutes, to include: elevator permit
applicatioas, permits issued, and certificates of operation issued, and the following:
I. License information, continually maintained: City of Miami Beach
Elevator Certificate Number, prior State Serial Number, Licensee
Name, Classification Code (equivalei~t to state codes current at time of
migration), Mailing Street Address, Mailing Address Line 2, Mailing
Address Line 3, Location City, Location State Code, Location Zip
Code, Location County Code, Location Phone Number, License Status
Code (equivalent to state codes current at time of migration), License
Secondary Stabs Code (equivalent to state codes current at time of
migration), Original Date of Issue, Expiration Date, Number of
Landings, Capacity (in pounds), Travel distance (in feet), Speed Up
(feet per minute), Speed Down (feet per minute), and installing
Company and date installed. In addition: Service Contract Number and
Status: Current; Maintenance Company Name, Address, and License
Number; Beginning and Ending Date (of service coi~tract).
2. Inspection infornlation, maintained for the preceding five years: City
of Miami Beach Elevator Certificate Number, prior State Serial
Number, Inspection Date, Inspection Type Code (equivalent to state
codes current at time of migration), Violation Codes, Number of
Violations, Certified Elevator Inspector Number.
8) CONTRACTOR may grant variances and waivers to the Florida Elevator Safety Code, as
authorized in rule and consistent with the provisions of Chapter 120, Florida Statutes.
GENERAL PROVISIONS
1) APPROPRIATION: This is a no-cost Agreement for the DEPARTMENT. The
CONTRACTOR is responsible for all costs associated with the performance of this
Agreement.
2) CANCELLATION: This Agreement may be terminated by either party by giving one
hundred and eighty (180) days written notice of cancellation to the other party; said notice
shall be sufficient if it is delivered to the party perrsonally or mailed by certified mail to the
mailing address as specified herein. In case of cancellation, only the costs actually accrued
for services satisfactorily performed prior to the date of cancellation shall be considered
Sipage
incurred, and all work in progress shall remain the property of the DEPARTMENT and shall
be delivered to the DEPARTMENT. The CONTRACTOR shall abide by the electronic data
merge and cost reinlbursement requirements due the DEPARTMENT within sixty (60) days
prior to and until termination of this Agreement.
3) COMPLIANCE: For the purpose of ensuring conlpliance with the provisions of this
Agreement and the provisions of the Elevator Safety Act and Florida Elevator Safety Code,
the DEPARTMENT may at any time verify compliance with applicable standards, assess the
effectiveness of the CONTRACTOR'S inspection and enforcement activities and verify the
accuracy of the inspections performed. The DEPARTMENT will notify the CONTRACTOR
in writing of any deficiencies noted and provide appropriate documentation when necessary.
The CONTRACTOR shall remedy the deficiencies noted within thirty (30) days of receipt of
notice. Upon a finding by the DEPARTMENT that the CONTRACTOR has failed to comply
with or enforce the applicable provisions of the Florida Building Code, as required by the
Elevator Safety Act and Florida Elevator Safety Code, or has violated the terms of this
Agreement, the DEPARTMENT may cancel this Agreement by giving CONTRACTOR
immediate written notice of cancdlation.
4) ENTlRE AGREEMENT: This Agreement and attachments "IA" and "IIA" Elevator
Inspection Report or approved equivalent, "IB" and "IIB" Monthly Activity Report or
approved equivalent, "IC" and "IIC" Certificate of Operation and Construction Supervisor
Affidavit or approved equivalent, and "ID" and "IID" Elevator Owner Accident Report
attached hereto, constitute the entire Agreement of the parties; and no other Agreement or
modification, expressed or implied, shall be binding on either party unless same shall be in
writing and signed by both parties. This Agreement may not be orally modified. Any
modification must be in writing, expressly titled a modification, amendment, or addendum to
this Agreement, attached to this Agreement, and signed by both parties.
5) LIABILITY: Pursuant to this Agreement, the CONTRACTOR acts in the place of the
Division and not on behalf of the Division as an agent or representative. The
CONTRACTOR shall be responsible for all costs incurred for performance of the delegated
responsibilities herein and to the extent provided by law and subject to the limitations
provided in Section 768.28, Florida Statutes, as sane may be amended, indemnifies the
Department of Business and Professional Regulation, the Division of Hotels and Restawants,
the Bureau of Elevator Safety, their employees and representatives for any action brought as
a result of Contractor's acts or failure to act under this Agreement.
6) PUBLIC DOCUMENTS: The CONTRACTOR shall allow the public and DEPARTMENT
access to all documentation relating to any action required pursuant to the provisions of this
Agreement. Failure to permit such access may result in an action to enforce disclosure
pursuant to Chapter 1 19, Florida Statutes, and the DEPARTMENT canceling this Agreement
by giving CONTRACTOR immediate written notice of cancellation.
7) ATTORNEY'S FEES: Except as otherwise provided by law, the parties agree to be
responsible for their own attorney's fees incurred in conllection with disputes arising under
the terms of this Agreement.
8) DISPUTES: This Agreement sl~all be goveined by and construed in accordance with the laws
of Florida. The CONTRACTOR agrees that venue to enforce any provision of this
Agreement shall be in Leon County, Florida.
9) NOTICE TO CONTRACTOR: The DEPARTMENT shall consider the ernployme~~t by any
contractor of unauthorized aliens a violatio~l of section 274A(e) of the Immigration and
Nationalization Act. If CONTRACTOR violates this section, the DEPARTMENT may
cancel this Agreement by giving CONTRACTOR immediate written notice of cancellation.
10) RENEWAL: This Agreement may be renewed for one additional ten-year term provided the
DEPARTMENT is satisfied with the CONTRACTOR'S performance and provided that the
CONTRACTOR notifies the DEPARTMENT in writing at least 180 days prior to expiration
of its intent to renew.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement between
the Department of Business and Professional Regulation, Division of Hotels and Restaurants and
City of Miami Beach on the respective dates under each signature: City of Miami Beach through
its City Commission, signing by and through its Mayor or designee, authorized to execute same
by commission action, and the STATE OF FLORIDA, signing by and through its Director,
Department of-Business and Professio~lal Regulation, Division of Hotels and Restaurants,
authorized to execute same.
STATE OF FLORIDA
BILL VEACH, DIRECTOR
Department of Business and Professional Regulation
Division of Hotels and Restaurants
1940 North Monroe Street
Tallahassee, Florida 32399-1 0 1 1
Approved: Date: e
CHARLIE LIEM, SECRETARY
Department of Business and Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-0750
Date:
Approved: v-
Approved as to Form and substance
CITY OF MIAMI BEACH
0\r an~e j
Clerk of the City of Miami Beach
By:
day of ,2010
ATTACHMENTS
I. DBPR Forms
"A" - DBPR Elevator Inspection Report (Form HR 5023-003)
"B" - DBPR Monthly Activity Report
"C" - DBPR Construction Supervisor Affidavit signato~y form for Certificate of
Operation
(see Supervisor of Constructioi~ attestation on Attachment A)
"D" - DBPR Elevator Owner Accident Report (Fonn HR 7016)
XI. CITY OF MIAMI BEACH APPROVED DBPR EQUIVALENT Forms
(provided by the CONTRACTOR).
"A" - City of Miami Beach Elevator Inspection Reporl Form
"B" - City of Miami Beach Monthly Activity Report
"C" - City of Miami Beach Construction Supervisor Affidavit
(similar to attestation on DBPR Attaclment A)
"D" - City of Miami Beach Elevator Owner Accident Report (Form HR 70 16)
111. reserved
IV. City of Miami Beach to provide code enforcement language
0 Violations cited on he previous inspection report have been corrected. returned to'tlie Bureau of Elevator Safety i
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
WONT HLY CONTRACTED ACTIVITY REPORT
TO: Bureau of Elevator Safety - Compliance Section
FROM: - Reedy Creek Improvement District
- City of Miami
X City of Miami Beach
- Miami-bade - Broward County
SUBJECT: ELEVATOR INSPECTION FOR THE MONTH 01 Aug-10
ROUTINUPERIODIC INSPECTIONS PERFORMED
2 PERIODIC TESTS PERFORMED
3 INITIAL INSPECTIONS PERFORMED (FINAL)
4 CALLBACK INSPECTIONS PERFORMED
5 ALTERATION INSPECTIONS PERFORMED (FINAL)
6 CONSTRUCTION INSPECTIONS PERFORMED
7 COMPLAINT INSPECTIONS PERFORMED
8 ACCIDENT INSPECTIONS PERFORMED
9 ELEVATORS SEALED FROM PUBLIC USE
10 NEW ELEVATORlESCALATOR PERMITS ISSUED
11 ALTERATION PERMITS ISSUED
12 TEMPORARY OPERATION PERMITS ISSUED
13 NUMBER OF ACCIDENTS REPORTED
14 NUMBER OF COMPLAINTS REPORTED
15 NUMBER OF ELEVATORSIESCALATORS
TOTAL INSPECTIONS ( 1 THROUGH 8)
John Antona, CEI # 53.
REPRESENTATIVE OF CONTRACTED AGENCY DATE
. . Stt Florida Page of INSPECTIL. JATE DEPndTMENT OF BUSINESS AW PROFESSIONAL REGULATION
DBPR HR-7016 - Division of Hotels and Restaurants, Bureau of Elevator Safety
Elevator Owners Accident Report
Florida law requires certificate of operation holders to submit the following form to the division in the event of an elevator
accident. Failure to file this report within five workings days of the accident could result in a fine of up to $1,000.
iSECTION 4 -.EQUIPMENT LOCATION 11
License Elevator I 0 Moving Walkw
Number a Escalator ( CI Wheelchair L
Owner Name I Business Name I I
Building Address City
I
County I State 1 Zip Code I Phone Number
-
SECTION'2-- SERVICE MAINTENANCE
Is the elevator or escalator under a service maintenance contract? Yes No 0 Unknown
Name of Elevator Maintenance Company
Was the elevator service maintenance company notified? Most recent required test performed? Test Date
If yes, indicate date (MMIDDlYYYY) 6[7lC]3u5
Yes No months year years years (mmlddlyyyy)
SECTION-3--ACCIDENT 'DETAILS
Brief Narrative: (attach additional sheets as necessary)
'SECTION 4 -'REPORTING SIGNATURE
Disclaimer: This report will assist the division in identifying ways to improve rider safety and will not be used to assign
blame or liability. Florida law requires the elevator's certificate of operation holder to submit the report to the Bureau of
Elevator Safety within 5 days of the accident. You may fill in the online form or Portable Document Format (PDF) version
of this report, save it to your hard drive and e-mail it to: dhr.elevatorsQdb~r.state.fl.us, or you may fax or mail the report
to:
Department of Business and Professional Regulation,
Division of Hotels and Restaurants, Bureau of Elevator Safety,
1940 North Monroe Street
Tallahassee, FL 32399-1013
Phone: 850.487.1395 FAX: 850.922.6208
2008 March 40 www.MyFioridaLicense.comlhr Page 1 of 1
i I ~T-I'wL~ME~ x- b 'I
PERIODIC INSPECTIONS AND TESTS OF ELECTRIC TRACTION ELEVATORS TYPE OF INSPECTION INSPECTION ACTION Cl 1 Periodic Inspection 0 AP Complied REPORT OF ELEVATOR VIOLATIONS CITY OF MIAMI BEACH 0 2 Compliance inspection PA Partial Compliance ELEVATOR SAFETY SECTION 4 ER DRIVE, 2"d. FLOOR ORlDA 33139 10 Ext. 6830 0 3 Periodic Tests Sealed 1700 CONVENTION CENT1 Other MIAMI BEACH, FL Tel. 305-673-70( I Fax. 305-673-7857 1 I 5 I I OweriAgent: Tel. No. I 1 Received By: Print: I ( Elevator Company: Inspector: Building Name: Miami Beach, Florida Property Address: VIOLATIONS: See Reverse Side for Description (If No Violations Indicated - Do NOT Return This Form) 'NSPECTlON DATE: I BL NO. CASE NO. 1 8.11.2.1.1 0 Inside Car I I 1 8.11.2.1.2 Machine Room 0 8.1 1.2.1.3 Top of Car 2 1 8.11.2.1.4 Outside Hoistway NOTICE TO ELEVATOR OWNER 8.11.2.1.5 Cl Pit 8.1 1.2.1.6 Firefighter Emergency 8.1 1.2.2 Periodic Test Cat 1 8.1 1.2.3 Periodic Test Cat 5 8.6.1 General Requirements 8.6.4 Maintenance Title: Date: service contract, notify your elevator Elevator Contractor: company immediately. The Violations noted must be corrected and the City of Miami Beach, Elevator Section, notified of compliance. Return this form within 90 days from the date of this inspection, properly signed by Owner and the Elevator Contractor in the space provided. Failure by Owner to Cl Additional ViolationslComrnents I hereby certify that the above violations have been corrected. OwnerlDeveloper: Title: Date: comply within 90 days is subject to an administrative fine, in addition to any other penalty provided by law. If this elevator is operating under a full
PERIODIC WITNESSING OF TESTS OF TRACTION ELEVATORS MIAMI BEACH, FLORIDA 33139 - ( OwneriAgent: Tel. No. I I ( Received By: Print: I I Building Name: I Property Address: Miami Beach, Florida I CASE NO. 1 Elevator Company: I INSPECTION DATE: ASME A17.1- 2000. 8.1 1.2.2 PERIODIC WITNESSING OF TESTS CATEGORY ONE (I -Year) I 8.1 1.2.2.1 C3 Oil Buffers .............................................................. Passed Failed NIA 8.1 1.2.2.2 0 Safeties ...................................................... Passed Failed NIA 8.1 1.2.2.3 Governors. ........................... ,. ...................... Passed Failed NIA 8.11.2.2.4 Slack-rope Devices on Winding Drum Machines ... Passed Failed NIA 8.1 1.2.2.5 O Normal and Final Terminal Stopping Devices ....... Passed Failed NIA 8.1 1.2.2.6 Firefighters' Emergency Operation.. ................... Passed Failed NIA 8.1 1.2.2.7 D Standby or Emergency Power Operation ............. Passed Failed N/A 8.1 1.2.2.8 Power Operation of Door System ....................... Passed Failed NIA 8.1 1.2.2.9 Broken Rope, Tape, or Chain Switch.. ................ Passed Failed NIA Additional Comments - Witnessed as stated above by: ELEVATOR INSPECTOR'S NAME: CEI No.: DATE: 1 ELEVATOR COMPANY'S REP.: CC No.: DATE: NOTICE TO ELEVATOROWNER PER CHAPTER 61C-5 FLORIDA ELEVATOR SAFETY CODE, SERVICE MAINTENANCE CONTRACT, RULE 61 C-5.013 (2): "IF THE REQUIRED CODE RELATED TESTS ARE NOT INCLUDED IN A SERVICE MAINTENANCE CONTRACT, THE SERVICE CONTRACT WILL NOT BE VALID AND WOULD NOT BE CONSIDERED TO BE A SERVlCE MAINTENANCE CONTRACT PURSUANT TO SECTION 399.01 (1 O), FLORIDA STATUTES". THE CITY OF MIAMI BEACH IS INCLUDING THE FEE FOR WITNESSING OF PERIODIC TESTS IN THE ANNUAL CERTIFICATE BILLING. NO OTHER FEES SHOULD BE CHARGED TO THE OWNER IF A SERVICE MAINTENANCE CONTRACT PURSUANT TO SECTION 399.01(7) IS IN EFFECT.
PERIODIC WITNESSING OF TESTS C. LLECTRIC TRACTION ELEVATORS - - --- -- 1 I III 1 / Periodic Inspection AP Complied I I I 1 I Sealed I I I TYPE OF INSPECTION INSPECTION ACTION h-nnm- AP ~1rm-r NESSING OF TESTS I -. MIAMI BEACH .... ( 1 2 I Compliance Inspection 1 PA 1 Partial Compliance ELEVATOR SAFETY SECTION >I\ fr qnd 1-1 nnn I I 0 I Other KtrUK I Ur VVI I CITY OF 1700 CONVENTION CENTER DF .',*&., nF,,.-., , ,-, em*- 11 v C, L . rLvum Ivlinlvil atnbn, I-LUKIIJA 331 39 Tel. 305-673-7000 Ext. 6830 I Fax. 305-604-4870 OwnerlAgent: Tel. No. Received By: Print: Building Name: Property Address: Miami Beach, Florida Elevator Company: c ASME A17.1- 2000. 8.11.2.3 PERIODIC WITNESSING OF TESTS CATEGORY FIVE (5 -Year) 8.1 1.2.3.1 Car & CTW Safeties ............................................ Passed Failed NIA 8.1 I .2.3.2 Governors.. ............................................... Passed Failed NIA 8.1 1.2.3.3 O Oil Buffers ............................................... Passed Failed NIA 8.1 1.2.3.4 Braking System ............................................. Passed Failed N /A 8.1 1.2.3.100 Emergency Stopping Distance.. ........................ Passed Failed NIA 1 4 C f f 4 Witnessed as stated above by: 8.1 1.2.3.5 O Emergency and Standby Power Operation ........... Passed Failed NIA 8.1 1.2.3.6 Emergency Terminal Stop & Speed Limit Devices. Passed Failed NIA 8.1 1.2.3.7 Power Opening of Doors .................................. Passed Failed NIA .................... 8.1 1.2.3.8 Leveling Zone and Leveling Speed. Passed Failed NIA 8.1 1.2.3.9 El Inner Landing Zone. ........................................ Passed Failed N/A ELEVATOR INSPECTOR'S NAME: CEI No.: DATE: ELEVATOR COMPANY'S REP.: CC No.: DATE: INSPECTION DATE: NOTICE TO ELEVATOROWNER 1 PER CHAPTER 61C-5 FLORIDA ELEVATOR I I SAFETY CODE, SERVICE MAINTENANCE CONTRACT, RULE 61 C-5.013 (2): I "IF THE REQUIRED CODE RELATED TESTS ARE NOT INCLUDED IN A SERVICE MAINTENANCE CONTRACT. THE SERVICE CONTRACT WILL NOT BE VALID AND WOULD NOT BE CONSIDERED TO BE A SERVICE MAINTENANCE CONTRACT PURSUANT TO SECTION 399.01(7), FLORIDA STATUTES". THE CITY OF MIAMI BEACH IS INCLUDING THE FEE FOR WITNESSING OF PERIODIC TESTS IN THE ANNUAL CERTIFICATE BILLING. NO OTHER FEES SHOULD BE CHARGED TO THE OWNER IF A SERVICE MAINTENANCE CONTRACT PURSUANT TO SECTION 399.01(7) IS IN EFFECT.
PERIODIC INSPECTIONS AND Tk, IS OF HYDRAULIC ELEVATORS 1 ( Other I Fax. 305-673-7857 I OwnerlAgent: Tel. No. SERIAL NO. Received By: Print: BL. NO. Building Name: Miami Beach, Florida CASE NO. Property Address: I Elevator Company: Inspector: t I VIOLATIONS: See Reverse Side for Description {If No Violations Indicated - Do NOT Return This Form) I INSPECTION DATE: 1 8.11.3.1.1 Inside Car I I ( 8.1 1.3.1.2 Machine Room I I 8.11.3.1.3 Top of Car 1 8.11.3.14 Outside Hoistway -\ NOTICE TO ELEVATOR OWNER -1 8.11.3.1.5 Pit E / 8.1 1.3.1.6 Firefighter Emergency The Violations noted must be corrected and the City of Miami / 8.7 1.3.2 I3 Periodic Test Cat I 9; 8.1 1.3.3 Periodic Test Cat 3 Beach, Elevator Section, notified of compliance. Return this form within 90 days from the date of this 8.1 1.3.4 Periodic Test Cat 5 inspection, properly signed by Owner comply within 90 days is subject to an administrative fine, in addition to any other penalty provided by law. If this elevator is operating under a full General Requirements ' P s' I Title: Date: I service contract, notify your elevator Elevator Contractor: company immediately. I and the Elevator Contractor in the space provided. Failure by Owner to 8.6.4 Cl Maintenance Additional ViolationslComments I hereby certify that the above violations have been corrected. OwnerlDeveloper: Title: Date:
PERIODIC WITNESSING OF TE. , OF HYDRAULIC ELEVATORS REPORT OF WITNESSING OF TESTS CITY OF MIAMI BEACH ELEVATOR SAFETY SECTION 1700 CONVENTION CENTER DRIVE. 20d. FLOOR MIAMI BEACH, FLORIDA 33139 Tel. 305-673-7000 Ext. 6830 Fax. 305-604-4870 I I OwnerIAgent: Tel. No. 1 /) 1 Received By: Print: I I ' I Building Name: ( BL NO. I Property Address: Miami Beach, Florida I CASENO. I ( Elevator Company: t 1 ASME A17.3- 2000. 8.11.3.2 PERIODIC WITNESSING OF TESTS CATEGQRY ONE (1 -Year1 8.1 1.3.2. I Relief Valve Setting & System Pressure Test.. .............. Passed Failed NIA 8.1 1.3.2.2 Cylinders ............................................................. Passed Failed NIA 8.1 1.3.2.3a Normal 8, Final Terminal Stopping Devices ................... Passed Failed NIA 8.1 1 -3.2.3b Governors ................................................................ Passed Failed NIA 8. I 1.3.2.3~ Safeties.. .............................................................. .Passed Failed NIA 8.1 1.3.2.3d Oil Buffers.. .......................................................... Passed Failed NIA 8.1 I .3.2.3e Firefighter's Emergency Operation.. ............................ Passed Failed NIA 8.1 1.3.2.3f Standby or Emergency Power Operation ...................... Passed Failed NIA 8.1 1.3.2.39 Power Operations of Door System ............................... Passed Failed NIA 8.1 1.3.2.3h Emergency Terminal Speed Itdg. Dev. & Stop.Devices ... Passed Failed NIA 8.1 1.3.2.4 Flexible Hose and Fitting Assemblies .......................... Passed Failed NIA ...................................................... 8.1 1.3.2.5 Pressure Switch Passed Failed NIA ELEVATOR COMPANY'S REP.: CC No.: DATE: " - - INSPECTION DATE: Witnessed as stated above by: ELEVATOR INSPECTOR'S NAME: CEI No.: DATE: NOTICE TO ELEVATOR-OWNER PER CHAPTER 61G5 FLORIDA ELEVATOR SAFETY CODE, SERVICE MAINTENANCE CONTWIIGT. RULE 61C-5.013 (2): 1 'IF THE REQUSRED CODE RELATED TESTS ARE NOT INCLUDED IN A SERVICE MAINTENANCE CONTRACT, ME SERVlCE CONTRACT WILL NOT BE VALID AND WOULD NOT BE CONSIDERED TO BE A SERVICE MAINTENANCE CONTRACT PURSUANT TO SECTION 399.01 0, FLORIDA STATUTES". THE CITY OF MIAMI BEACH IS INCLUDING THE FEE FOR WlTNESSlNG OF PERfODlC TESTS IN THE ANNUAL CERTIFICATE BILLING. NO OTHER FEES SHOULD BE CHARGED TO THE OWNER IF A SERVICE MAINTENANCE CONTRACT PURSUANT TO SECTION 399.01(7) IS IN EFFECT.
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
MONTHL\f CONTRACTED ACTIVITY REPORT
TO: Bureau of Elevator Safety - Compliance Section
FROM: - Reedy Creek Improvement District
- City of Miami
X City of Miami Beach
- Miami-Dade
- Broward County
SUBJECT: ELEVATOR INSPECTION FOR THE MONTH 01 Bug-I 0
1 ROUTINE/PERIODIC INSPECTIONS PERFORMED
PERIODIC TESTS PERFORMED
3 INITIAL INSPECTIONS PERFORMED (FINAL)
4 CALLBACK INSPECTIONS PERFORMED
5 ALTERATION INSPECTIONS PERFORMED (FINAL)
6 CONSTRUCTION INSPECTIONS PERFORMED
7 COMPLAINT INSPECTIONS PERFORMED
8 ACCIDENT INSPECTIONS PERFORMED
9 ELEVATORS SEALED FROM PUBLIC USE
10 NEW ELEVATOR/ESCALATOR PERMITS ISSUED
11 ALTERATIOII PERMITS ISSUED
12 TEMPORARY OPERATION PERMITS ISSUED
13 NUMBER OF ACCIDENTS REPORTED
14 NUMBER OF COMPLAINTS REPORTED
15 NUMBER OF ELEVATORSIESCALATORS
TOTAL INSPECTIONS ( I THROUGH 8)
John Antona, CEI # 53. 911 0120 1 0
REPRESENTATIVE OF CONTRACTED AGENCY DATE
Building Department - Elevator Safety Section
Johnantona@miamibeachfl.gov
Telephone 305 673 7000 ext 6423
Facsimile 305 673 7857
ELEVATOR INSTALLATION AFFIDAVIT
&
REQUEST FOR INSPECTION
1, certify that I am a construction supervisor employed by the elevator
company which installed the elevator identified below and that I directly supervised construction or
installation of the elevator. I also certify that all elevator work and related installations by other trades have
been completed and tested and that the project is now ready for inspection.
Elevator Company Name:
Project Address:
CMB Serial No.:
Date installation completed:
-
(Date of Affidavit) (Signature)
--- -
(Type or Print Name)
Contact person to arrange for inspection Tel. No.
State of Florida
County of
BEFORE ME, the undersigned authority, on this day of 200-, personally appeared
who is personally known to me or presented the following identification
and who took oath.
Notary Public, State of Florida
Printed Name
COMMISSION NUMBER:
MY COMMISSION EXPIRES:
Rev. 12/04
DBPR HR-7016 - Division of Hotels and Restaurants, Bureau of Elevator Safety
Elevator Owners Accident Report
Florida law requires certificate of operation holders to submit the following form to the division in the event of an elevator
accident. Failure to file this report within five workings days of the accident could result in a fine of up to $1,000.
PLEASE CHECK ALL THAT APPLY
Disclaimer: This report will assist the division in identifying ways to improve rider safety and will not be used to assign
blame or liability. Florida taw requires the elevator's certificate of operation holder to submit the report to the Bureau of
Elevator Safety within 5 days of the accident. You may fill in the online form or Portable Document Format (PDF) version
of this report, save it to your hard drive and e-mail it to: dhr.elevators@dbor.state.fl.us, or you may fax or mail the report
to:
Department of Business and Professional Regulation,
Division of Hotels and Restaurants, Bureau of Elevator Safety,
't940 North Monroe Street
Tallahassee, FL 32399-1013
Phone: 850.487.1395 FAX: 850.922.6208
2008 March 10 www.MyFloridaLicense.comlhr Page 1 of I
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and
authorizing the reallocation of funding in the amount of $746,579, from the South Pointe Phases Ill, IV and V
Right of Way Project construction savings, to the South Pointe Phase II Right of Way Project, for the
construction of 3' Street improvements, as additional scope of work for the City Of Miami Beach Right Of
Way lnfrastructure lmprovement Program, Neighborhood No. 12c, South Pointe Phase II Project; further,
approving a change order for Horizon Contractors, Inc., in the amount of $678,708, and $67,871 in
contingency for this work; with funding available from previously appropriated South Pointe Capital Fund 389
in the amount of $746,579.
Key Intended Outcome Supported: I Ensure well designed quality capital projects. I
Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Community Satisfaction Survey
indicated that 82% to 85% of the recently completed South Pointe and South Beach area capital improvement
projects were ranked as good or excellent by residents. Completing the South Pointe Phase II lmprovement Project
will add to the well needed upgrades in this area and improve overall rating.
Issue:
( Should the City Commission approve the reallocation and change order for the additional scope of work? I
Item SummarylRecommendation:
On December 10, 2008, the City Commission approved the award of a construction contract to Horizon
Contractors, Inc. (Horizon) for the construction of the South Pointe Phase II Right of Way Infrastructure
lmprovement Project. The Project scope of work includes the replacement of existing water lines; the installation of
new storm water infrastructure; streetscape improvements; traffic calming measures and enhanced pedestrian
access; bump-outs; landscaping; pedestrian lighting and parking improvements. On May 4,2009, the contractor
commenced construction of the project which is anticipated to be complete during the 1'' quarter of 201 1.
The adjacent South Pointe Phase I Project completed in January 2003, consisted of improvements along
Washington Avenue from South Pointe Park to fjth Street and along 3rd Street from Michigan Avenue to Ocean
Drive. During a recent inspection of 3rd Street, it was determined that this area is in need of repairs. There is
evidence of failure in sections of the pavement along 3rd Street, failing utilities, damaged sidewalks, curbs, concrete
tree grates, irrigation system, and dead trees. The Administration is proposing the restoration of 3' Street to match
the adjacent Phase Phases 11, Ill, IV improvements.
The work being proposed includes, the reconstruction of portions of the roadway, milling and resurfacing of 3rd
Street from Michigan to Washington Avenue, removal and replacement of sidewalks, tree pit treatments that have
been displaced by tree roots, ADA ramps, installation of the Addapave and Healthy Tree Fertilization system,
replacement of dead trees and landscape materials, installation of new street lighting pull boxes, utility repairs,
irrigation system repairs, signage, striping, pavement marking, and installation of street furniture.
On December 15,201 0, Horizon submitted a cost proposal for the work in the amount of $678,708. This amount
includes a 44,243.43, allowance for the placement of 6-inch Miami Beach Red sidewalks in lieu of 4" in the tree
pits which currently have structural soils, harmonization with adjacent properties, irrigation repairs, and repair of
water main valves.
The proposal was reviewed by City staff, and the design Engineer of Record (EOR), Wolfberg Alvarez and
Partners, and the costs are in accordance to the prices bid for the same items. The City and the EOR find
Horizon's cost proposal to be fair and reasonable for the scope of work.
APPROVE THE REALLOCATION AND CHANGE ORDER. I
Advisory Board Recommendation:
1 NIA
Financial Information:
Source of Funds:
OBPl
Total
T:
Amount
$746,579
$746,579
Account
389-2333-069357 South Pointe Capital
for Construction
Approved
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the cityymission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 2011
SUBJECT: A RESOLUTION OF THE MAYOR frf D CI COMMISSION OF THE CITY OF
MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
REALLOCATION OF FUNDS IN THE AMOUNT OF $746,579, FROM THE
SOUTH POINTE PHASES Ill, IV AND V RIGHT OF WAY PROJECT
CONSTRUCTION SAVINGS, TO THE CITY OF MlAMl BEACH RIGHT OF WAY
INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 12C,
SOUTH POINTE PHASE II PROJECT, FOR THE CONSTRUCTION OF 3RD
STREET IMPROVEMENTS, AS ADDITIONAL SCOPE OF WORK; AND
FURTHER APPROVING A CHANGE ORDER IN THE AMOUNT OF $678,708
TO THE AGREEMENT BETWEEN THE CIN AND HORIZON
CONTRACTORS, INC., FOR NEIGHBORHOOD NO. 12C, SOUTH POINTE
PHASE II RIGHT OF WAY PROJECT, AND $67,871 IN CONTINGENCY FOR
THIS WORK; WITH FUNDING AVAILABLE FROM PREVIOUSLY
APPROPRIATED SOUTH POINTE CAPITAL FUND 389 IN THE AMOUNT OF
$746,579.
ADMINISTRATION RECOMMENDATION
Approve the additional funding.
Funding for this task is available in the amount of $746,579, previously appropriated in the
Fiscal Year 2007-2008 Capital Budget, for Construction of the South Pointe Phase 111, IV,
and V, Right of Way Project in Account No. 389-2333-069357, to be reallocated to the South
Pointe Phase I1 Right of Way Project, Account No. 389-2332-069357 for Construction.
ANALYSIS
On December 10,2008, the City Commission approved the award of a construction contract
to Horizon Contractors, Inc. (Horizon) in the amount of $7,683,901, for the construction of
the South Pointe Phase II Right of Way Infrastructure Improvement Project. Project
Contingency in the amount of $768,390, was also made available for the Project
contingency fund.
The Project limits include the area bounded to the north by Fifth Street, to the south by
Second Street, to the east by Washington Avenue and to the west by Alton Road, excluding
Third Street. The Project scope of work includes the replacement of existing water lines
within the alleyways and along 4'h Street; the installation of new storm water infrastructure
throughout the project area; streetscape improvements, including traffic calming measures
and enhanced pedestrian access, bump-outs; landscaping; pedestrian lighting and parking
improvements. On May 4,2009, the contractor was issued the second Notice to Proceed
Commission Memorandum - South Pointe Improvements Ph I1 3n' St
January 19,201 I
Page 2
(NTP) to mobilize and commence the construction activities. The project is ninety four
percent complete, and is anticipated to be complete during the 1'' quarter of 201 1.
The adjacent South Pointe Phase I Project completed in January 2003, consisted of
improvements along Washington Avenue from South Pointe Park to 5th Street and along 3rd
Street from Michigan Avenue to Ocean Drive. During a recent inspection of Phase 11, staff
was concerned with the appearance of 3rd Street from Michigan Avenue to Washington
Avenue, which was completed as part of the South Pointe Phase I Project, it was
determined that this area is in need of repairs.
There is evidence of failure in sections of the pavement along 3rd Street as a result of utilities
trenching, failing utilities such as water main valves, damaged sidewalks and curbs,
damaged concrete tree grates, damaged irrigation system, and dead trees. In light of the
fact that this Street is directly adjacent to the South Pointe Phase II improvements, the
Administration is proposing the repair of the above mentioned items and the restoration of
3rd Street to match the surrounding improvements.
The work being proposed includes but is not limited to the reconstruction of portions of the
roadway which have failed, milling and resurfacing of 3rd Street from Michigan Avenue to
Washington Avenue, removal and replacement of Miami Beach Red sidewalks and concrete
tree pits that have been displaced by tree roots, ADA ramps, and the installation of the
Addapave and Healthy Tree Fertilization system, replacement of dead trees and landscape
materials, installation of new street lighting pull boxes, utility repairs, irrigation system
repairs, signage, thermoplastic striping and pavement marking, and street furniture to match
the surrounding Phases 11, Ill, IV, and V Projects.
On November 10,2010, Horizon was requested to provide a cost proposal for the above
stated scope of work. On November 17,201 0, and subsequently on December 15,2010,
Horizon submitted a cost proposal for the work in the amount of $678,708. This amount
includes an allowance for the placement of 6-inch Miami Beach Red sidewalks in lieu of 4
in the tree pits which currently have structural soils, harmonization with adjacent
properties, irrigation repairs, and repair of water main valves.
It should be noted that the City has on previous occasion added extensive work to the
contract, and extended the contract time without compensating Horizon for extended
general conditions. Under extenuating circumstances, including not being able to obtain a
dewatering permit, Horizon has performed well in implementing the South Pointe Phase II
improvements. Horizon has maintained the overall project schedule. Eight (8) weeks of
extended general conditions in the amount of $122,683.07, is also included as part of this
contract modification to compensate Horizon for additional scope of work such as the
installation of the 4th Street water main from Jefferson Court to Washington Avenue;
additional irrigation system; unforeseen dewatering permitting delays; as well as the
proposed 3rd Street improvements. No additional equipment charges are included in this
cost proposal, which is typical for change order requests of this magnitude. Horizon has
the advantage of being currently mobilized on site completing landscape and final lift of
asphalt for the original scope of work included in the Phase I1 project. Horizon also has the
required permits, and may extend permits as necessary to perform the 3n' Street scope of
work.
Horizon's proposal was reviewed by City staff, and the design engineer of record,
Wolfberg Alvarez and Partners, and the unit prices for the work items are in accordance
with Horizons original bid, and other bid tabulation breakdown pursuant to the ITB1s for
similar work items. Additionally, staff also compared unit prices based on recent JOC bid
pricing for similar work. The current proposal from Horizon represents a better value to the
Commission Memorandum - South Pointe lmprovements Ph I1 3rd St
January 19,201 1
Page 3
City due to savings on mobilization, permitting, general conditions and overhead. The cost
also includes bond, insurance, general conditions, Project Management and
Superintendent, Public information Officer (PIO), Maintenance of Traffic, Survey and As-
Builts, among other items. The City and the EOR find Horizon's cost proposal to be fair
and reasonable for the new scope of work.
CONCLUSION:
The Administration recommends the approval of the new scope of work on 3rd Street from
Michigan Avenue to Washington Avenue and its addition to the South Pointe Phase II
Project, as an overall improvement to the area. Further, that additional funding in the
amount of $746,579 is added to the project to allow for this improvement to be completed.
This funding is available from the South Pointe Phase Ill, IV and V project savings,
previously appropriated South Pointe Capital Funds in the Fiscal Year 2007-2008 Capital
Budget, and being reallocated to the South Pointe Phase II Right of Way Project.
JMGIJGIJCIGMEICFICD
T:\AGENDA\201 l\l-19-1 I\South Pointe lmprovements Phase II 3rd Street - MEMO.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
REALLOCATION OF FUNDS IN THE AMOUNT OF $746,579, FROM THE
SOUTH POINTE PHASE Ill, IV AND V RIGHT OF WAY PROJECT
CONSTRUCTION SAVINGS, TO THE ClTY OF MIAMI BEACH RIGHT OF WAY
INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 12C,
SOUTH POINTE PHASE II PROJECT, FOR THE CONSTRUCTION OF 3RD
STREET IMPROVEMENTS, AS ADDITIONAL SCOPE OF WORK; AND
FURTHER APPROVING A CHANGE ORDER IN THE AMOUNT OF $678,708 TO
THE AGREEMENT BENVEEN THE ClTY AND HORIZON CONTRACTORS,
INC., FOR NEIGHBORHOOD NO. 12C, SOUTH POINTE PHASE II RIGHT OF
WAY PROJECT, AND $67,871 IN CONTINGENCY FOR THIS WORK; WITH
FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED SOUTH POINTE
CAPITAL FUND 389 IN THE AMOUNT OF $746,579.
WHEREAS, on December 10, 2008, pursuant to Invitation to Bid No. 48-07/08, the
City Commission approved the award of a construction contract to Horizon Contractors, Inc.,
(Contractor), in the amount of $7,683,901, for the construction of the South Pointe Phase II
Right of Way Infrastructure Improvement Project (Project); and
WHEREAS, a Project contingency in the amount of $768,390, was also made
available for the Project; and
WHEREAS, on May 4, 2009, the Contractor was issued the Notice to Proceed to
mobilize and commence construction activities; and
WHEREAS, during the construction of the Project, additional scope of work was
requested by the City; and
WHEREAS, the Project is scheduled to be substantially complete by March 201 1 ; and
WHEREAS, a recent inspection of 3rd Street from Michigan Avenue to Washington
Avenue verified that this area is in need of repairs; and
WHEREAS, the administration wishes to add to the contractor's scope of work the
reconstruction of the roadway, sidewalks, curbs and gutters of 3rd Street from Michigan
Avenue to Washington Avenue; and
WHEREAS, in light of the fact that 3rd Street is directly adjacent to the South Pointe
Phase I1 improvements, the Administration is proposing the repair of the above mentioned
items and the restoration of 3' Street to match the surrounding improvements; and
WHEREAS, the proposed work includes, but is not limited to, the reconstruction of
portions of the roadway; milling and resurfacing; sidewalk curb and gutter; tree pit treatments;
landscape and irrigation; street lighting pull boxes; thermoplastic striping and pavement
marking; and street furniture on 3rd Street from Michigan Avenue to Washington Avenue, to
match the surrounding Phase 11, Ill, IV, and V Projects; and
WHEREAS, on November 17, 2010, and subsequently on December 15, 2010,
Horizon submitted a cost proposal for the work, in the amount of $678,708, and a
construction contingency of $67,871, for a total cost of $746,579; and
WHEREAS, funding for this work is available, in the amount of $746,579, from
previously appropriated South Pointe Capital Fund 389, for the Construction of the South
Pointe Phase Ill, IV, and V, Right of Way Project in Account No. 389-2333-069357, to be
reallocated to the South Pointe Phase II Right of Way Project, Account No. 389-2332-069357
for Construction.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission of the City of Miami Beach, Florida, hereby approve and authorize the
reallocation of funds in the amount of $746,579, from the South Pointe Phase Ill, IV and V
Right of Way Project construction savings, to the City of Miami Beach Right of Way
Infrastructure Improvement Program, Neighborhood No. 12C, South Pointe Phase II Project,
for the construction of the 3rd Street improvements, as additional scope of work; and further
approving a change order in the amount of $678,708 to the Agreement between the City
and Horizon Contractors, Inc., for Neighborhood No. 12C, South Pointe Phase II Right of
Way Project, and $67,871 in contingency for this work; with funding available from
previously appropriated South Pointe Capital Fund 389 in the amount of $746,579.
PASSED and ADOPTED this day of January 201 1.
ATTEST:
ROBERT H. PARCHER, CITY CLERK MATTI HERREA BOWER, MAYOR
T:MGENDA\2011\1-19-Il\South Pointe Improvements Phase II 3rd Street Reso.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing I
Pursuant To Miami each City code Section 118-563 To consider Granting A Certificate of ~ppropriateness or
The Complete Demolition Of The 53d Street Restrooms, Located At 5301 Collins Avenue.
Key Intended Outcome Supported:
Ensure well designed quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Community Satisfaction Survey indicated that 87.2% of residents rated the appearance and maintenance
of the City's public buildings as good or excellent. Completing this Project will improve overall rating.
Issue:
Should a Public Hearing be scheduled to consider granting a Certificate of Appropriateness for Demolition of the
53' Street Restrooms located at 5301 Collins Avenue?
Item Summary1Recommendation:
( The 53m Street Restroom facility was previously identified as one of the six (6) beachfront restroom facilities which I
I were in critical need of replacement. I
On November 10,2004, the City Commission adopted Resolution No. 2004-25741 authorizing the City to enter into
a Design-Buif Agreementrith Tran Construction to construct the beachfronfdrestrooms and concession facilities
located at 21 , 46th and 64 Streets. Due to limited funding, the facility on 53 Street, which was originally part of
the package, was eliminated.
Funding for the Project became available in FY09110. On September 20,201 0, a Notice to Proceed was issued to
C3TS, via the Miami-Dade County School Board Contract, for the full review and reconciliation of the 60%
documents against the new Florida Building Code, HPB presentation, 100% construction documents issuance,
local and state permitting assistance, bidding assistance and construction administration services for the 53' Street
Restrooms Project. The scope of services also include re-designing the concession building to accommodate the
Ocean Rescue office, which currently occupy a section of the existing restroom facility.
On January I lth, 201 1, the Historic Preservation Board (HPB) will hear the request to grant a Certificate of
Appropriateness for the demolition of the existing facility.
I Adopt the Resolution. I
Advisory Board Recommendation: I Historic Preservation Board
Financial Information:
City Clerk's Mice Legislative Tracking: I Thais Vieira I
OBPl
JMG/JGG/GME/TV
T:\AGENDA\2011Wanuary 19\53rd Street Restrooms - Demolition - Summ.doc
Source of
Funds:
I I
Total I
AOEWDA ITEM C7D
Amount
1
2
Financial Imoact Summarv:
Account
Cily of Miami kch, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City mmission 9
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR ZD CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO MIAMI
BEACH CITY CODE SECTION 118-563 TO CONSIDER GRANTING A
CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF THE ~3~'
STREET RESTROOMS, LOCATED AT 5301 COLLINS AVENUE.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The Administration previously identified six (6) beachfront restroomlconcession facilities, which
were in critical need of replacement. The subject facilities are located east of Collins Avenue at
21St, 29", 46", EI~'~, 64", and 72" Streets. Because beach tourism is vital to the economic well
being of our community, and the availability of safe, clean and accessible restrooms and
concession facilities is vital to beach tourism, the Administration initiated an effort to replace the
deteriorated facilities with new standardized facilities.
On November 10,2004, the City Commission adopted Resolution No. 2004-25741 authorizing
the City to enter into a Design-Build Agreement with Tran Construction to construct the
beachfront restrooms and concession facilities located at 21St, 46" and 64th Streets, in
accordance with the sixty percent (60%) design plans prepared by C3TS and the City's Design
Criteria Specification Package. Due to limited funding, the facility on 53rd Street, which was
originally part of the package, was eliminated. The construction of these facilities was completed
in 2007.
In 2007, Tran Construction was authorized, by an approved change order to their existing
contract with the City, to proceed with the design of the 35" Street Restrooms facility, based on
the 60% documents previously designed for the 2gth Street facility.
On May 14, 2009, Invitation to Bid (ITB) No. 39-08/09 for the construction of the 35" Street
Restrooms facilities was issued, and on September 09, 2009, the Commission approved the
rejection of all bids since the use of a Job Order Contract would result in considerable savings.
The construction of these facilities was completed on May, 2010.
Funding for the 53rd Street Restroom Facilities became available in FY 0911 0. On September 20,
2010, a Notice to Proceed was issued to C3TS, via the Miami-Dade County School Board
Contract, for the full review and reconciliation of 60% documents against the new Florida
Building Code, HPB presentation, 100% construction documents issuance, local and state
permitting assistance, bidding assistance and construction administration services. The scope of
services also include re-designing the concession building to accommodate the Ocean Rescue
office, which currently occupy a section of the existing restroom facility.
On January 1 lth, 201 1, the Historic Preservation Board (HPB) will hear the request to grant a
Certificate of Appropriateness for the demolition of the existing facility.
CONCLUSION:
The Administration recommends that the City Commission schedule a Public Hearing on
February 9,201 1, to consider the need to grant a Certificate of Appropriateness for the complete
demolition of the 53rd Street Restrooms, located at 5301 Collins Avenue.
It should be noted that the City Code does not require the City Commission to schedule a Public
Hearing in considering the issuance of a Certificate of Appropriateness for Demolition, however,
this is the same process followed by the Historical Preservation Board. In order to ensure that
extraordinary public notice is provided, it is recommended that the Commission follow the same
process, which will not have an impact on the construction schedule.
Attachments:
A: Proposed Schematic Design
T:MGENDA\201 l\January 19\53rd Street Restrooms - Demolition - Memo.doc
ClyolhrmmG6m pq2; 2 a: " 3; 53dSireetRt?-sbmFW '~*QO-:
be $; ," WE 6srd M1caml Street Beach. and Collhw A=. FL ii3i '!s p, (p
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A
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO
MIAMI BEACH ClTY CODE SECTION 198-563 TO CONSIDER GRANTING A
CERTIFICATE OF APPROPRIATENESS FORTHE DEMOLITION OF THE 53RD
STREET RESTROOMS, LOCATED AT 5301 COLLINS AVENUE.
WHEREAS, the 53rd Street Restroom Facility was previously identified as one of the six (6)
beachfront restroom facilities to be in critical need of replacement;
WHEREAS, because beach tourism is vital to the economic well being of our community,
and the availability of safe, clean and accessible restrooms and concession facilities is vital to beach
tourism, the Administration initiated an effort to replace the deteriorated facilities with new
standardized facilities; and
WHEREAS, on April 18,2001 ,Corzo, Castella, Carballo, Thompson and Salman (C3TS) was
awarded a contract, via Resolution No. 2001-24348, for architectural, engineering and construction
administration services, required to construct five (5) oceanfront restroomlconcession facilities
located at 64th, 53rd, 46th, 2gth, and 21'' Streets.
WHEREAS, after the completion of sixty percent (60%) construction documents, C3TS had
their contract terminated for convenience by the City on January 14, 2002; and
WHEREAS, on November 10, 2004, the City Commission adopted Resolution No. 2004-
25741 authorizing the City to enter into a Design-Build Agreement with Tran Construction to
construct the beachfront restrooms and concession facilities located at 21St, 46th and 64th Streets;
and
WHEREAS, due to limited funding, the facility on 53rd Street, which was originally part of the
package, was eliminated; and
WHEREAS, funding for the 53" Street Restroom Facility Project became available in FY
0911 0; and
WHEREAS, on September 20, 201 0 a Notice to Proceed was issued to C3TS for the full
review and reconciliation of 60% documents against the new Florida Building Code, HPB
presentation, 100% construction documents issuance, local and state permitting assistance, bidding
assistance and construction administration services for the 53rd Street Restrooms Project; and
WHEREAS, the scope of services also include re-designing the concession building to
accommodate the Oce& Rescue office, which currently occupy a section of the existing restroom
facility; and
WHEREAS, the Administration recommends that the City Commission schedule a Public
Hearing to consider granting a Certificate of Appropriateness for the demolition of the existing 53rd
Street Restrooms.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby set a Public
Hearing at AMIPM on February 09,201 1, to be held in the City Commission Chambers, 3"
Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, to consider a request for a
Certificate of Appropriateness for the demolition of the 53" Street Restrooms, located at 5301
Collins Avenue.
PASSED AND ADOPTED this day of ,2011.
ATTEST: CITY OF MIAMI BEACH:
City Clerk
Robert E. Parcher
APPROVED AS TO
/&!k
Mayor
Matti Herrera Bower
T:MGENDA\2011Uanuary 19\53rd Street Restrooms - Demolition - Reso.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of Miami Beach, Florida, Waiving, By 517th~ Vote, The
Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And
Approving And Authorizing The Mayor And City Clerk To Execute A Project Management Services Agreement
Between The City And Unidad Of Miami Beach, Inc., A Florida Not-For-Profit Corporation, For Project
Management Services Relative To The Architectural And Construction Work Elements To Include
Construction Of A Terrace, Tree Relocation, And Utilities Adjacent To The North Shore Community Center,
Located At 7251 Collins Avenue, Miami Beach, Florida, In The Estimated Amount Of $477,368.
Key Intended Outcome Supported:
Ensure well-designed, quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.): 63% of North Beach residents surveyed rated
Overall Quality of Life within the City of Miami Beach as excellent & good compared to 75% of residents in the
Issue: I Shall the City Commission adopt the Resolution? I
Item SummarylRecommendation:
1 UNIDAD is overseeina the construction and develo~ment of the North Beach Communitv Center that has I
been designed by ~eie Gonzalez Architect, and is being constructed by KM Plaza (the "~roject"). The scope
of work for the Project includes the demolition of an existing structure on the site. The new two story building
will be approximately 8,000 sq. ft. with additional terraces, as specified in the Project Documents, and is
located at 7251 Collins Avenue, in Bandshell Park, Miami Beach, FL, 33141.
The proposed building, which includes public restrooms, will be iconic in nature and the North Beach
Community Center will be operated therein, when completed, by UNIDAD. The existing structure and land is
owned by the City of Miami Beach, which is a party to a long term management agreement with UNIDAD.
The new two (2) story building will also be owned by the City of Miami Beach and operated by UNIDAD
pursuant to a management agreement with the City.
In order to ensure quality control and to ensure implementation in time for the North Beach Community
Center's completion, UNIDAD is building out a portion of park improvements adjacent to the new building,
which include utilities, a new terrace and tree relocations. The Administration and UNIDAD have reviewed the
proposed cost estimate in the amount of $433,967, for this work, and finds said estimate to be fair and
reasonable.
UNIDAD, as a not-for-profit entity, will oversee the Project to ensure that all work elements are completed at
the agreed upon cost without any delays to the Project. The proposed costs are architectural , engineering
and hard costs and as a result, UNIDAD will not receive any additional compensation for providing project
management services.
The Administration recommends approval of this resolution.
I I
Advisory Board Recommendation:
I N/A
Financial Information:
City Clerk's Office Legislative Tracking:
Source of Funds:
OBPl
Total
Amount
$477,368
$477,368
for Construction
Account
390-2538 Miami-Dade County Bond
Approved
MIAMIBEACH
Cify of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF MIAMI BEACH,
FLORIDA, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND ClTY
CLERK TO EXECUTE A PROJECT MANAGEMENT SERVICES AGREEMENT
BETWEEN THE CITY AND UNIDAD OF MlAMl BEACH, INC., A FLORIDA NOT-
FOR-PROFIT CORPORATION, FOR PROJECT MANAGEMENT SERVICES
RELATIVE TO THE ARCHITECTURAL AND CONSTRUCTION WORK
ELEMENTS TO INCLUDE CONSTRUCTION OF A TERRACE, TREE
RELOCATION, AND UTILITIES ADJACENT TO THE NORTH BEACH
COMMUNITY CENTER, LOCATED AT 7251 COLLINS AVENUE, MlAMl BEACH,
FLORIDA, IN THE ESTIMATED AMOUNT OF $477,368, WHICH INCLUDES A
10% CONTINGENCY; AND FURTHER AUTHORIZE THE MAYOR AND ClTY
CLERK TO EXECUTE THE AGREEMENT UPON RECEIPT OF ClTY
ATTORNEY'S FORM APPROVAL.
Adopt the Resolution approving the Project Management Services Agreement between
the City of Miami Beach and Unidad of Miami Beach, Inc. ("UNIDAD).
FUNDING
Funding for this task has been previously appropriated from the Miami-Dade County
Bond Fund 390, for construction in account no. 390-2538-067357.
ANALYSIS
UNIDAD is overseeing the construction and development of the North Beach Community
Center that has been designed by Rene Gonzalez Architect, and is being constructed by KM
Plaza (the "Project"). The scope of work for the Project includes the demolition of an existing
structure on the site. The new two story building will be approximately 8,000 sq. ft. with
additional terraces, as specified in the Project Documents, and is located at 7251 Collins
Avenue, in Bandshell Park, Miami Beach, FL, 33141.
The proposed building, which includes public restrooms, will be iconic in nature and the
North Beach Community Center will be operated therein, when completed, by UNIDAD. The
existing structure and land is owned by the City of Miami Beach, which is a party to a long
term management agreement with UNIDAD. The new two (2) story building will also be
owned by the City of Miami Beach and operated by UNIDAD pursuant to a management
agreement with the City.
Commission Memorandum
Unidad Project Management Agreement
January 19, 201 1
Page 2 of 2
agreement with the City.
In order to ensure quality control and to ensure implementation in time for the North Beach
Community Center's completion, UNIDAD is building out a portion of park improvements
adjacent to the new building, which include utilities, a new terrace and tree relocations. The
Administration and UNIDAD have reviewed the proposed cost estimate in the amount of
$433,967, for this work, and finds said estimate to be fair and reasonable.
UNIDAD, as a not-for-profit entity, will oversee the Project to ensure that all work elements
are completed at the agreed upon cost without any delays to the Project. The proposed
costs are architectural , engineering and hard costs and as a result, UNIDAD will not receive
any additional compensation for providing project management services.
CONCLUSION
The Administration recommends that the Mayor and City Commission Waive, by Wths vote,
the competitive bidding requirement, finding such waiver to be in the best interest of the City,
and approving and authorizing the Mayor And City Clerk to execute a Project Management
Services Agreement between the City and Unidad of Miami Beach, Inc., a Florida Not-For-
Profit Corporation, for Project Management Services relative to the architectural and
construction work elements to include construction of a terrace, tree relocation, and utilities
adjacent to the North Beach Community Center, located at 7251 Collins Avenue, Miami
Beach, Florida, in the estimated amount of $477,368, which includes a 10% contingency;
and further authorize the Mayor and City Clerk to execute the Agreement upon receipt of
City Attorney's form approval.
JMGIJGGIGL
T:\AGENDAUOlI\l-19-1 l\Unidad Project Management Agreement - FINAL.doc
UNIDAD Project Management Agreement
January 19,201 1
ESTIMATED COST BREADOWN
T:MGENDA\201 l\l- 19- 1 l\Unidad Project Management Agreement - Attachment 1 .doc
Attachment 1
RESOLUTIONS TO BE SUBMITTED
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving lien settlement for the following property: 131 9 Meridian Avenue.
Key Intended Outcome Supported:
Increase resident's satisfaction with level of Building Enforcement.
Supporting Data:
(Surveys, Environmental Scan, etc.): 61% of residents are satisfied with fairness and consistency of I I enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve Resolutions approving this lien settlement?
As a result of a lawsuit filed lawsuit a settlement has been negotiated on the property located at 1319 Meridian
Avenue. I 1.131 9 Meridian Avenue I I The twenty three (23) unit condominium has a lien in the amount of $193.343.53. I
The fine originated as a result of a violation issued for spalling concrete. The former owner, who intended to
convert all 23 apartments to condominiums, did not attend to this fine. The property eventually had the violation
corrected by performing $25,000.00 of repairs. The former owner then completed mitigation receiving a reduction
of fines in the amount of $20,000.00. In July of this year the Receiver challenged this decision which was not
granted thus caused the writ to be instituted.
Fifteen of the units are currently under Receiver Paul S. Kaplan for Gibraltar Private Bank and Trust Company.
The remaining eight (8) units are in foreclosure or about to be foreclosed on. The burden of this fine solely rest
on the current owners which have demonstrated financial peril as a result of the current ownership status of this
property and the current real estate market environment.
The city Administration has accepted final offer of $50,000.00, as a settlement. Originally, Gibraltar Private Bank
& Trust offered $25,000. Based on all the facts reviewed the City Administration has recommended acceptance
of this offer.
I Adopt the Resolution. 1
Advisory Board Recommendation:
I' I I
Financial Impact Summary:
Financial Information:
City Clerk's Office Legislative Tracking:
Source of
Funds:
Sign-Offs:
I Amount 1 Account
I
W' City Attorney
AMIBEACH
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City~ission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA APPROVING THE SETTLEMENT IN THE
AMOUNT OF $50,000.00 OF A ClTY LlEN ON PROPERTY OWNED BY
PARK FRONT CONDOMINIUM ASSOCIATION, INC., LOCATED AT 1319
MERIDIAN AVENUE, IN THE ORIGINAL AMOUNT OF $193,334.53, AND
FURTHER AUTHORIZING THE ClTY MANAGER TO TAKE SUCH ACTION
AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE
SUCH LlEN RELEASE AND SETTLEMENT.
BACKGROUND
PROPERTY
1319 MERIDIAN AVENUE, MIAMI BEACH
131 9 LLC purchased Flamingo Apartments, located at 131 9 Meridian Avenue, Miami
Beach, Florida, as a residential rental community containing a total of 23 residential
units. 1319 LLC intended to convert the apartment building into a residential
condominium building, named Park Front Condominium, and further intended to sell the
units individually as condominium units.
ANALYSIS
The attached resolution settles a lien in the amount of $193,334.53 for consideration of
$50,000 on property owned by Park Front Condominium Association, Inc., located at
131 9 Meridian Avenue.
The fine originated from a 2007 notice of violation for spalling concrete. 1319, LLC, as
developer, intended to convert 23 apartments to condominiums and did not correct the
violation in a timely manner. Ultimately, the developer completed the work at a cost of
approximately $25,000.00. The developer requested mitigation and on May 20, 2010,
the Special Master reduced the fine from $193,334.53 to $174,404.37, provided that
payment was to be made by August 25,201 0.
On July 26, 2010, Gibraltar Private Bank & Trust, the lender, obtained a Final Judgment
of Foreclosure on the unsold 15 units. This judgment determined that the City's lien was
inferior to its mortgage lien on the units. Therefore, the City's lien remains a lien solely
on the common areas and the 8 privately owned units.
On July 30, 2010, the Miami Dade Circuit Court, appointed a receiver to manage the 15
unsold condominium units and to replace the developer's Board of Directors.
Subsequent to the receiver obtaining control of the Association and prior to the due date
for the payment of the fine, the receiver requested that the Special Master rehear the
mitigation based on a change in circumstance namely, that the receiver was appointed
to insure the economic stability of the Association, and that payment of the full amount
would be an economic burden on the Association. The receiver argued that innocent
purchasers should not be penalized by the fact that the developer did not promptly
correct the violation. In the alternative, the receiver requested additional time to pay the
mitigated amount. The Special Master denied the receiver's request and re-instated the
fine to the full amount, with no additional time for payment.
On October 18, 2010, the receiver filed a petition for writ of certiorari with the Circuit
Court to quash the order rendered on September 16, 2010 in Special Master Case No.
JB07000761.
The receiver contends that the Special Master's order, in which the Special Master
disallowed mitigation of the fine departed from the essential requirements of law, unjustly
punished the condominium association and the individual unit owners, and should be
quashed.
Originally, Gilbraltar Private Bank & Trust offered to settle the lien for $25,000.00. After
extensive negotiations with the City Attorney's Office and the Finance Department,
Gibraltar Private Bank & Trust agreed to pay $50,000.00.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution authorizing the lien settlement as described.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT IN THE AMOUNT OF $50,000.00 OF A ClTY LlEN
ON PROPERTY OWNED BY PARK FRONT CONDOMINIUM
ASSOCIATION, INC., LOCATED AT 1319 MERIDIAN AVENUE,
IN THE ORIGINAL AMOUNT OF $193,334.53, AND FURTHER
AUTHORIZING THE ClTY MANAGER TO TAKE SUCH ACTION
AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO
COMPLETE SUCH LlEN RELEASE AND SETTLEMENT.
WHEREAS, the property located at 1319 Meridian Avenue, Miami Beach,
Florida (the iiProperty") has accumulated fines, in the amount of $193,334.53;
and
WHEREAS, the Property is a twenty-three (23) unit condominium building
with fifteen (15) bank owned units, under the control of a receiver, and eight (8)
privately owned units; and
WHEREAS, the Property has an outstanding lien for a building code
violation in the amount of $1 93,334.53; and
WHEREAS, a Petition for Writ of Certiorari has been filed by receiver to
quash the Special Master's Order rendered on September 16, 201 0; and
WHEREAS, in review of the history of the violation; the violation was
minor in nature, was accumulated while the developer was in control of the
condominium association; and the amount of the lien accumulated exceeds the
appropriate penalty; and
WHEREAS, the payment of $193,334.53 would be a financial burden on
the economic stability of the condominium association and its members; and
WHEREAS, in light of the extenuating circumstances, the Administration
recommends that the City Commission approve a $50,000.00 settlement amount
for this Property as a penalty more in keeping with the nature of the violation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission hereby approve the settlement in the amount of
$50,000.00 of a City lien on property owned by Park Front Condominium
Association, Inc., located at 1319 Meridian Avenue, in the original amount of
$193,334.53, and further authorizing the City Manager to take such action and
execute any and all necessary documents to complete such lien and settlement.
PASSED and ADOPTED this day of ,2011.
MAYOR
ATTEST:
CITY CLERK
THIS PAGE INTENTIQNALLY LEFT BLANK
COMMISSION ITEM SUMMARY
, - Condensed f itle: I A Resolution of the Mayor And City Commission Approving Pursuant To Section 2-367 (d) Of The Miami I
Beach City Code, The sole source Upgrades; Software ~iienses And Professional Services; And Annual
Maintenance From R&S lntegrated Products And Services, Inc.
Key Intended Outcome Supported:
Improve processes through information technology
Issue: I Shall the Commission Adopt the Resolution? I
Item Summary/Recommendation: I The City currently uses the Laserfiche Records Management System. Laserfiche RMS is provided and (
supported by R&S lntegrated Products and Services, Inc (R&S). City departments have been utilizing the
product for document imaging over ten (10) years, and all of the City Clerk's Archive documents can be
accessed online, which provides our constituents accessibility and transparency of City records.
As the Planning Department requires the integration to Laserfiche, the Information Technology Department
is upgrading the City's Laserfiche application to an Enterprise licensing model. This upgrade will include
incorporating 14 new licenses for the Planning Department, an upgradelmigration from the current 18
ReadtWrite User Laserfiche license to a 75 ReadJWrite User licenses with 50 Web Portal Users. The
User licenses can be utilized citywide.
The implementation costs of new enterprise architecture upgrade and Planning department
implementation is as follows: Planning Department Laserfiche Avante Document Imaging Implementation
$20,991 ; R&S Laserfiche Avante Upgrade to 75 Readnnlrite Users and 50 Web Portal Users for $15,532;
and R&S Professional Services, Laserfiche enterprise upgrade: $3,894.00
Over the years, the City has invested over $ 68,000 for the current licenses which have an annual
maintenance cost of $27,000. The new 75 ReadIWrite license enterprise architecture and 50 Web Users
annual maintenance fee of $30,029 which has a minimal incremental operating cost of $3,029 which is
funded in the IT budget yearly maintenance operational costs. The new enterprise licensing and web
portal software significantly enhances the City's mobile capabilities and increases departmental efficiency
with increased readlwrite licenses. In addition, the vendor will provide Avante WebAcess Software for free
a savings of $10,000 for the project. The mobile capabilities of Laserfiche Web Access will support
BlackBerry, iPhone and other mobile devices.
R&S is the manufacturer, 'sole source', and provider for Document Shuttle Pro software, Laserfiche
software, and the integration described using R&S and Laserfiche technologies. As a result, R&S is the
only vendor or manufacturer that can provide described level of integration with Laserfiche through
Document Shuttle Pro, Laserfiche products, and support the Laserfiche.
The Administration recommends adopting the resolution.
Advisory Board Recommendation: I N/A I
Financial Information:
Sign-Offs:
I DeppTiipnt,Director Assistant City Manager City Manager
,
PDW JMG
9-1 1\RS Integrated Sole Source Summary.doc
DATE /-jq-//
AM1 BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOFAND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING A SOLE SOURCE UPGRADE
TO THE CIN'S LASERFICHE RECORDS MANAGEMENT SYSTEM (RMS)
TO LASERFICHE AVANTE ENTERPRISE CONTENT MANAGEMENT
SYSTEM (ECM) FOR THE PLANNING DEPARTMENT AND CITYWIDE
PURCHASES IN THE AMOUNT OF $26,139, SOFTWARE LICENSES AND
PROFESSIONAL SERVICES IN THE AMOUNT OF $14,278, AND ANNUAL
MAINTENANCE IN THE AMOUNT OF $30,029, PURSUANT TO SECTION 2-
367 (d) OF THE MIAMI BEACH CITY CODE, FROM R&S INTEGRATED
PRODUCTS AND SERVICES, INC. ("R&SV), THE SOLE SOURCE
MANUFACTURER AND PROVIDER OF DOCUMENT SHUTTLE PRO
SOFTWARE, LASERFICHE SOFTWARE, AND INTEGRATION, TO
DISPARATE SOFTWARE SYSTEMS USING R&S AND LASERFICHE
TECHNOLOGIES.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BID AMOUNT AND FUNDING
Planning Department Laserfiche Avante Document Imaging Implementation
$20,991 : Account # 01 1.0520.000343
R&S Laserfiche Avante EMC Software License Upgrade and Web Portal
$1 5,532: IT and Communications Account #552.6889.000674
R&S Professional Services for Upgrade to Laserfiche 8.x Avante Solution: $3,894
$1,856: IT Professional Services Account # 550.0630.00031 2;
$2,038 IT and Communications Account # 552.6889.000674
R&S Laserfiche Avante EMC Annual Maintenance: $30,029
IT Annual Operating Maintenance Account: 550.0630.000325
($1 1,830.49 FYI 011 1 Using value credit for existing maintenance contract)
IT Additional Items: IT and Communications Account
$1 3,688: Account # 552.6889.061 357
500 Gigs of SAN Space for Planning Files: $10,000
Virtual Server software License: $3,688
January 19,201 1
Commission Memorandum
R&S Integrated Sole Source
BACKGROUND
The City of Miami Beach currently uses the Laserfiche Records Management System
(RMS). The Laserfiche RMS is provided and supported by R&S lntegrated Products and
Services, Inc (R&S). City departments have been utilizing the product for document
imaging over the past ten (10) years, and all of the City Clerk's Archive documents can
be accessed online, which provides our constituents accessibility and transparency of
City records.
R&S is the only company that provides Document Shuttle (an exclusive R&S product)
and can integrate with Laserfiche in a matter of hours or minutes. R&S uses Document
Shuttle on all projects. R&S is the sole source for this product and established methods.
ANALYSIS
As the Planning Department requires the integration to Laserfiche, the Information
Technology Department (IT) is upgrading the City's Laserfiche application to an
Enterprise licensing model.
This upgrade will include incorporating 14 new licenses for the Planning Department,
and an upgradelmigration from the current 18 Readwrite User Laserfiche United 7.x
ECM System to a 75 Readwrite User Avante 8.x ECM System and 50 Web Portal
Users. The ReadNVrite User licenses can be utilized citywide.
R&S is the regional Laserfiche vendor which has designed the integration of City
systems with Laserfiche utilizing 'Document Shuttle'. City system integration includes the
Building Department's Project Docs system and the EDEN Financial system, which is
only provided by R&S. R&S provides the most cost effective software maintenance for
the mentioned products.
R&S Document Shuttle is 'middleware' and integrates Laserfiche with existing software
solutions, databases, and data sets. Document Shuttle is used to process from existing
systems to automatically create folderslsubfolders, name documents, and populate the
template (search fields, etc.) for the particular record type inside the Laserfiche ECM
system. The current version for Document Shuttle is 8.1. The product R&S Document
Shuttle is over 14 years old, very mature, and has numerous features
R&S is the manufacturer, 'sole source', and provider for Document Shuttle Pro software,
Laserfiche software, and the integration described using R&S and Laserfiche
technologies. As a result, R&S is the only vendor or manufacturer that can provide
described level of integration with Laserfiche through Document Shuttle Pro, Laserfiche
products, and support the Laserfiche. The integration of City systems with the product
'Document Shuttle' is wholly owned and only provided by R&S. (see attached sole
source letter).
Document Shuttle is used by the Finance Department, the Building Department, and will
be used in Planning Department upon completion of implementation.
January 19,201 1
Commission Memorandum
R&S lntegrated Sole Source
The implementation and cost of the proposed upgrade are as follows:
Planning Department Laserfiche Avante Document Imaging Implementation $20,991.
R&S Laserfiche Avante Upgrade to 75 Read Write Users and 50 Web Portal Users
for only $ 15,532 (With Laserfiche Promotion the 75 User Configuration, the City
saves $10,000) funded from the IT Technology and Communications Fund.
R&S Professional Services, Laserfiche 8.x Avante Solution: $3,894.00 funded from
the IT Technology and Communications Fund and IT Professional Services Fund.
Over the years, the City has invested over $ 68,000 for the current licenses which have
an annual maintenance cost of $27,000. The new 75 ReadNVrite license enterprise
architecture and 50 Web Users annual maintenance fee of $ 30,029 which has a
minimal incremental operating cost of $3,029 which is funded in the IT budget yearly
maintenance operational costs. The new enterprise licensing and web portal software
significantly enhances the City's mobile capabilities and increases departmental
efficiency with increased readlwrite licenses. In addition, the vendor will provide the
following the software and services at no cost to the City:
Avante WebAcess Software is free - Savings of $10,000 for project. The mobile
capabilities of Laserfiche Web Access will support for BlackBerry, iPhone and other
mobile devices, Web Access gives users anytimelanywhere access to the Laserfiche
repository and centralizes resource and data management for the system
administrators.
Laserfiche Certified Professional Program - for every five (5) Avante user licenses
purchased, the City gets one (I) free CPP Course; Laserfiche has seven (7) different
programs of certification.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
attached resolution approving pursuant to Section 2-367 (d) of the Miami Beach City
Code, the sole source upgrades; software licenses and professional services; and
annual maintenance from R&S lntegrated Products and Services, Inc.
T:\AGENDA\2011\1-19-1 l\R&S lntegrated Sole Source Memo.doc
R&S Integrated
Products and Services Inc.
Information through Innovation
3816 Industry Blvd.
Lakeland, FL 33811
863.709.8044
www.rsoasis.com
Gladys Gonzalez
IT Director
City of Miami
1755 Meridian Ave, 4th Floor
Miami Beach, FL 33139 December 22,2010
To whom it may concern,
R&S lntegrated Products and Services, Inc. developed and currently manufactures the software
product 'Document Shuttle Pro'. Version l.X was developed in 1996; the current version is
8.1.2. Document Shuttle is used to integrate existing data sources, databases, and software
systems with Laserfiche Records Management software.
Through R&S Document Shuttle, the integration provides ease of setup and 'quick to roll-out
for production'. With R&S Document Shuttle Pro multiple integrations can be accomplished
with Laserfiche through a single product (R&S Document Shuttle Pro). Through Document
Shuttle Pro, R&S can support the existing Laserfiche ECM at an 'enterprise level', integrate
Laserfiche with disparate software systems in use today and integrate the Laserfiche ECM
(Enterprise Content Management) with other department data sets and/or solutions.
R&S is the manufacturer, 'sole source', and provider for Document Shuttle Pro software,
Laserfiche software, and the integration described using R&S and Laserfiche technologies. As a
result, R&S is the only vendor or manufacturer that can provide described level of integration
with Laserfiche through Document Shuttle Pro, Laserfiche products, and support the Laserfiche
integrations through Laserfiche and Document Shuttle Pro
Regards,
Robert Porter
PresidentICEO
R&S lntegrated
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING A SOLE SOURCE UPGRADE
TO THE CITY'S LASERFICHE RECORDS MANAGEMENT SYSTEM (RMS)
TO LASERFICHE AVANTE ENTERPRISE CONTENT MANAGEMENT
SYSTEM (ECM) FOR THE PLANNING DEPARTMENT AND CITYWIDE
PURCHASES IN THE AMOUNT OF $26,139, SOFTWARE LICENSES AND
PROFESSIONAL SERVICES IN THE AMOUNT OF $14,278, AND ANNUAL
MAINTENANCE IN THE AMOUNT OF $30,029, PURSUANT TO SECTION 2-
367 (d) OF THE MIAMI BEACH ClTY CODE, FROM R&S INTEGRATED
PRODUCTS AND SERVICES, INC. ("R&Sn), THE SOLE SOURCE
MANUFACTURER AND PROVIDER OF DOCUMENT SHUTTLE PRO
SOFTWARE, LASERFICHE SOFTWARE, AND INTEGRATION, TO
DISPARATE SOFTWARE SYSTEMS USING R&S AND LASERFICHE
TECHNOLOGIES.
WHEREAS, the City currently uses the Laserfiche Records Management
System (RMS) which is provided and supported by R&S Integrated Products and
Services, Inc.; and
WHEREAS, since the Planning Department requires the integration to
Laserfiche, the Information Technology Department is upgrading the City's Laserfiche
application to an Enterprise licensing model; and
WHEREAS, the City system integration includes the Building Department's
Project Docs system and the EDEN Financial system, which is only provided by R&S;
and
WHEREAS, R&S is the manufacturer, "sole source", and provider for
Document Shuttle Pro software, Laserfiche software, and the integration described using
R&S and Laserfiche technologies and, as a result, R&S is the only vendor or
manufacturer that can provide the described level of integration with Laserfiche through
Document Shuttle Pro, Laserfiche products, and support for Laserfiche; and
WHEREAS, the integration of City systems with the product "Document
Shuttle" is wholly owned and only provided by R&S; and
WHEREAS, as provided pursuant to Section 2-367(d) of the Miami Beach City
Code, the Administration has determined that R&S meets the requirements as the sole
source manufacturer and provider of the upgrades, software licenses and professional
services, and annual maintenance.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and the City
Commission hereby authorize the Mayor and City Clerk to approve, pursuant to Section
2-367 (d) of the Miami Beach City Code, the sole source upgrades, software licenses
and professional services, and annual maintenance from R&S lntegrated Products and
Services, Inc.
PASSED and ADOPTED this day of ,201 1
MAYOR
Matti Herrera Bower
ATTEST:
ClTY CLERK
Robert Parcher APPROVED AS TO
FORM & LANGUAGE
& FOWECUTION
T:\AGENDA\2011\1-19-11\RS Integrated Sole Source Resodoc
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COMMISSION ITEM SUMMARY I
Condensed Title:
A resolution accepting the recommendation of the Neighborhood~lCommunity Affairs Committee regarding the
placement of a memorial plaque on the City's boardwalk near the 41 Street entrance and setting a public hearing for
the final placement of the plaque in accordance with Section 82-504 of the City Code.
Key Intended Outcome Supported:
Increase community satisfaction with City government
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of residents
and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and
Issue: I Shall the Mayor and City Commission adopt the resolution? I
Item SummarylRecommendation:
I On April 5, 2010, a referral was made to the May Neighborhoods Committee meeting to place a plaque on the 1 I boardwalk in honor of Norman Ciment. I
As required by City Code the placement of the plaque was discussed at the NeighborhoodslCommunity Affairs
Committee and approved on June 29,2010. The plaque design was referred to the Arts in Public Places Committee
for their review and the plaque layout and location were approved at the Arts in Public Places meeting on October 26,
2010. (Please see Exhibit 'A - plaque layout). Following the approval of the AiPP Committee, the item was again
referred back to the NeighborhoodlCommunity Affairs Committee for discussion at their December 14,2010 meeting.
The Committee recommended the placement of the plaque. The plaque would be placed at the entry of the Miami
Beach Boardwalk at 41" Street.
Pursuant to Section 82-504 of the City's Code, upon approval and recommendation by the Neighborhoods1
Community Affairs Committee, the City Commission shall call for a public hearing regarding the placement of the
memorial and, at the close of the public hearing, the City Commission may approve the proposed memorial. A public
hearing should be called before the Mayor and Commission on Wednesday, January 19, 201 1 and the City Clerk
should publish the appropriate Public Notice at least 10 days prior to said Public Hearing in a newspaper of general
circulation in the City of Miami Beach at which time and place all interested parties will be heard.
Advisory Board Recommendation: r NCAC Approval: 612911 0 & 1211 411 0; AiPP Approval: 10126110
Financial Information:
1 source of I Amount 1 Account 1
Funds: I
City Clerk's Office Legislative Tracking:
[ Kevin Smith, Parks & Recreation Director I
I
OBPl
$450.00 Funding will need to be identified within the City budget
Financial Impact Summary: There are no funds identified for this plaque or additional plaques and memorials
should they be requested.
Total $450.00
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOODS/COMMUNlTY
AFFAIRS COMMllTEE REGARDING THE PLACEMENT OF A
MEMORIAL PLAQUE ON THE CITY'S BOARDWALK NEAR THE 41ST
STREET ENTRANCE HONORING NORMAN CIMENT AND SETTING A
PUBLIC HEARING FOR FINAL APPROVAL OF THE PLACEMENT OF
SAID PLAQUE IN ACCORDANCE WITH SECTION 82-504 OF THE CITY
CODE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Increase community satisfaction with City government
BACKGROUND
On April 5, 2010, Commissioner Gongora requested a referral to the May
Neighborhoods/Comrnunity Affairs Committee meeting to place a plaque on the
boardwalk in honor of Norman Ciment. Judge Norman Ciment was a City Commissioner
from 1967-1 971 and also served as Mayor from 1981 -1 983. As Mayor, he is credited
with spearheading the creation of the Art Deco District, the beach expansion and re-
nourishment, along with the construction of the boardwalk.
ANALYSIS
As required by City Code the placement of the plaque honoring Mr. Ciment was
discussed at the Neighborhoods/Community Affairs Committee and approved on June
29, 2010. Subsequently, also as required by the City Code, the plaque design was
referred to the Art in Public Places Committee for their review. The plaque layout and
location were approved at the Art in Public Places meeting on October 26, 2010 (Please
see Exhibit 'A" - plaque layout).
Following the approval of the AiPP Committee on October 26, 2010, the item was again
referred back to the Neighborhoods/Community Affairs Committee for discussion at their
December 14,201 0 meeting, where it was again approved.
Commission Memorandum
January 19,201 1
Setting of Public Hearing for Norman Ciment Memorial Plaque
Page 2 of 3
The proposed plaque will be developed using the standard specification the City is now
using for memorial plaques. The plaque will be 1O"x 12" using (PMS417c Gray
background), with raised graphics and border (PMS428 Silver Tone). Attached for your
review is a sample of the style, format and wording for the plaque. The plaque would be
placed at the entry of the Miami Beach Boardwalk at 41'' Street.
Pursuant to Section 82-504 of the City's Code, upon approval and recommendation by
the Neighborhoods/Community Affairs Committee the City Commission shall call for a
public hearing regarding the placement of the memorial and, at the close of the public
hearing, the City Commission may approve the proposed memorial.
Conclusion
Pursuant to the process that has been undertaken, should this proposed memorial
plaque be approved, a public hearing must be set before the Mayor and Commission
and the City Clerk must publish the appropriate Public Notice at least 10 days prior to
said Public Hearing in a newspaper of general circulation in the City of Miami Beach at
which time and place all interested parties will be heard.
T:VI\GENDAUOl l\January 19\Setting of Public Hearing - Norman Ciment Plaque Memo 12-19-1 1.doc
Commission Memorandum
January 19, 201 1
Setting of Public Hearing for Norman Ciment Memorial Plaque
Page 3 of 3
P-.-p.U.....
Specifiitions: Colors: Background PMS 41 7c Gray
Cast aluminum plaque
Font: Futura LT Book Q Text and border raised PMS 428 Silver Tone
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE NElGHBORHOODlCOMMUNlTY
AFFAIRS COMMITTEE REGARDING THE PLACEMENT OF A
MEMORIAL PLAQUE ON THE CITY'S BOARDWALK NEAR THE 41ST
STREET ENTRANCE HONORING JUDGE NORMAN CIMENT AND
SETTING A PUBLIC HEARING FOR FINAL APPROVAL OF THE
PLACEMENT OF SAID PLAQUE IN ACCORDANCE WITH SECTION
82-504 OF THE ClTY CODE.
WHEREAS, on April 5, 2010, Commissioner Michael Gongora requested a
referral to the May, 2010 Neighborhoods Committee meeting of the issue regarding the
placement of a plaque on the boardwalk in honor of Judge Norman Ciment who was a
City Commissioner from 1967-1971 and who also served as Mayor from 1981-1983;
and
WHEREAS, as Mayor, Judge Ciment is credited with spearheading the creation
of the Art Deco District, the beach expansion, and re-nourishment along with the
construction of the City's boardwalk; and
WHEREAS, as required by City Code, the placement of the plaque honoring
Judge Ciment was discussed at the Neighborhoods/Community Affairs Committee and
was approved on June 29,201 0; and
WHEREAS, also as required by the City Code, the matter was referred to the
Arts in Public Places Committee on October 26, 2010, where the layout and location of
the memorial plaque on the City's boardwalk near the 4lSt Street entrance was
approved by the AiPP Committee; and
WHEREAS, following the approval of the AiPP Committee on October 26, 2010,
the item was again referred back to the Neighborhood/Community Affairs Committee for
discussion at its December 14, 2010 meeting where it was again supported by the
committee members; and
WHEREAS, pursuant to Section 82-504 of the City Code, upon approval and
recommendation by the Neighborhood/Community Affairs Committee, the City
Commission shall call for a public hearing regarding the placement of the memorial and,
at the close of the hearing, the City Commission may approve the proposed memorial;
and
WHEREAS, a public hearing should be called before the Mayor and Commission
on Wednesday, January 19, 2011 and the City Clerk should publish the appropriate
Public Notice at least 10 days prior to said Public Hearing in a newspaper of general
circulation in the City of Miami Beach at which time and place all interested parties will
be heard.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CIN OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community
Affairs Committee's regarding the placement of a memorial plaque on the City's
Boardwalk near the 41" Street entrance honoring Judge Norman Ciment and the setting
of a public hearing for final approval of the placement of said plaque in accordance with
Section 82-504 of the City Code.
PASSED and ADOPTED this day of January, 201 1.
ATTEST:
MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
MAYOR
T:\AGENDA\2011\1-19-1 l\Setting of Public Hearing - Norman Ciment Plaque - Resolution 1-19-1 l.doc
APPROVED AS TO
FORM & LANGUAGE
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving On A Month-To-Month Basis Until Such Time That The Administration Can Fully Evaluate
The Potential Option For Corporate Sponsorship, The Following Lease Schedules With Siemens Financial
Services, For Turf Equipment As Specified Herein, For The Miami Beach Golf Club, Pursuant To Siemens Master
Lease Agreement With The City: 1) Lease Schedule #729-0051308-001, Retroactive To May 30,2010; 2) Lease
Schedule #729-0051308-002, Retroactive To July 17, 201 0; And 3) Lease Schedule #730-0051308-003,
Retroactive To January 11, 201 1; Authorize The Mayor And City Clerk To Execute All Lease Schedules With
Siemens Financial Services; And Further Authorize The City Manager At His Discretion to terminate the master
lease agreement andlor schedules.
Key Intended Outcome Supported: 1 Increase Satisfaction with Recreational Programs I I Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of I I reiidents rated the City's Recreation programs as either excellent or good. 1
Issue: I Shall the Mayor and City Commission adopt the resolution? I
Item SummarylRecommendation:
The City's current lease(s) agreements with Siemens Financial Services, for various pieces of Toro turf
maintenance equipment used to maintain the golf course at Miami Beach Golf Club, have expired.
It should be noted that the issuance of ITB for the golf course equipment is being temporarily delayed in order to
permit the Administration to fully examine a potential corporate sponsorship opportunity that could provide some or
all of the required equipment at or below the competitive market price, while providing the City revenue as a result
of an agreed upon sponsorship package. In order to maintain the existing service level and continue the golf
course operations, it is recommended that the Mayor and City Commission extend the current agreement with
Siemens Financial Services, which expires in January, 201 1, on a month-to-month basis, terminable at the
discretion of the City Manager, until such time that the Administration can fully vet the potential options of the
corporate sponsorship opportunity. In addition and if necessary, staff will initiate a competitive bidding process that
will conclude with an award of an agreement to provide some or all of any golf course equipment needed for the
operation of the City golf course(s) that may not be available through the corporate sponsor. This process may take
from three (3) to six (6) months pending progress of the final negotiation and approval of the potential sponsorship
agreement and any ITB process, including City Commission award.
1 The Administration recommends the Commission adopt the attached resolution. I
Advisory Board Recommendation:
I 1
I budget for golf course operations. I
City Clerk's Office Legislative Tracking:
[ Kevin Smith, Parks & Recreation Director
Financial Information:
AMIBEACH AGENDAITEM I-&
DATE 1-14-11,
Account
Parks & Recreation Department, operations budget account number
01 1-0970-000323.
Financial Impact Summary: The funding is allocated in the current Parks and Recreation Department's
Amount
$35,200
$35,200
Source of
Funds:
OBPl
1
2
Total
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING ON A MONTH-TO-
MONTH BASIS UNTIL SUCH TIME THAT THE ADMINISTRATION CAN
FULLY EVALUATE THE POTENTIAL OPTION FOR CORPORATE
SPONSORSHIP, THE FOLLOWING LEASE SCHEDULES WlTH
SIEMENS FINANCIAL SERVICES, FOR TURF EQUIPMENT AS
SPECIFIED HEREIN, FOR THE MIAMI BEACH GOLF CLUB,
PURSUANT TO SIEMENS MASTER LEASE AGREEMENT WlTH THE
CITY: 1) LEASE SCHEDULE #729-0051308-001, RETROACTIVE TO
MAY 30, 201 0; 2) LEASE SCHEDULE #729-0051308-002,
RETROACTIVE TO JULY 17, 2010; AND 3) LEASE SCHEDULE #729-
0051 308-003, RETROACTIVE TO JANUARY 10, 201 1 ; AUTHORIZE
THE MAYOR AND ClTY CLERK TO EXECUTE ALL LEASE
SCHEDULES WlTH SIEMENS FINANCIAL SERVICES; AND FURTHER
AUTHORIZE THE ClTY MANAGER AT HIS DISCRETION TO
TERMINATE THE MASTER AGREEMENT AND/OR SCHEDULES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding for the Lease of golf course turf maintenance equipment for the Miami Beach
Golf Course is available in the Parks & Recreation Department, operations budget
account number 01 1-0970-000323.
ANALYSIS
The City's current lease(s) agreement with Siemens Financial Services, for various
pieces of Toro turf maintenance equipment used to maintain the golf course at Miami
Beach Golf Club, have expired or are nearing expiration. In order to continue the golf
course operations the Administration is seeking the approval to proceed on a month-to-
month extension until such time that a new contract is awarded via competitive bidding
process.
It should be noted that the issuance of ITB for the golf course equipment is being
temporarily delayed in order to permit the Administration to fully examine a potential
corporate sponsorship opportunity that could provide some or all of the required
Commission Memorandum
January 19,2010
Siemens Lease Agreement
Page 2 of 2
equipment at or below the competitive market price, while providing the City revenue as
a result of an agreed upon sponsorship package.
The current lease agreement is pursuant to State of Florida Contract No. 515-630-06-1,
and per the following three Lease Schedules #72900513808-001, 002 and 003, for golf
course turf grooming equipment.
The first lease is #729-0051308-001, for three (3) each Toro Mid Duty Utility vehicles
($458.93/month), for a 48-month lease period covered for May 30, 2006, thru May 30,
201 0.
The second lease is #729-0051308-002, for one (1) each Toro Workman model #2110,
Mid Duty Utility Vehicle; and two (2) each Toro Ground Master #328 ($850.21/month),
for a 48-month lease period covered for July 17, 2006, thru July 17, 2010).
The third is #730-0051308-003, for four (4) each Toro Workman mid duty utility vehicles;
two (2) each Toro Sand Pro Bunker Rakes; three (3) each Toro Greens-master Triplex
Riding Greens-mower; four (4) each Greens-masters flex Premium Putting Green
Mower; four (4) each Toro Trans Pro 80 Walking Greens-mower trailer; one (1) each
Toro Versa-Vac Sweeper; two (2) each Salsco Roller with Trailer; and one (1) each Toro
Pro Core Aerator ($4,551.50/month), for a 48-month lease period covered from January
17, 2007, thru January 17, 201 1.
The Parks & Recreation Department is currently working with the Procurement Division
on specifications for an Invitation to Bid to provide a Purchase Price, and or a Fair
Market Value Lease Option for 48-months to be issued should a corporate sponsorship
agreement not be recommended or approved, or for any particular pieces of equipment
that cannot or will not be included in a sponsorship agreement (e.g. company cannot
provide comparable equipment or at a competitive price).
CONCLUSION
In order to maintain the existing service level, it is recommended that the Mayor and City
Commission extend the current agreement with Siemens Financial Services, which
expires in January, 201 1, on a month-to-month basis, terminable at the discretion of the
City Manager, until such time that the Administration can fully vet the potential options of
the corporate sponsorship opportunity.
In addition and if necessary, staff will initiate a competitive bidding process that will
conclude with an award of an agreement to provide the balance of the golf course
equipment needed for the operation of the City golf course(s) that may not be available
through the corporate sponsor. This process may take from three (3) to six (6) months
pending progress of the sponsorship opportunity and the ITB process, including City
Commission award.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON A MONTH-TO-MONTH BASIS
UNTIL SUCH TIME THAT THE ADMINISTRATION FULLY EVALUATES THE
POTENTIAL OPTION FOR CORPORATE SPONSORSHIP AND EITHER
APPROVES A SPONSORSHIP AGREEMENT OR A NEW CONTRACT IS
AWARDED VIA THE COMPETITIVE BIDDING PROCESS, THE FOLLOWING
LEASE SCHEDULES WlTH SIEMENS FINANCIAL SERVICES FOR TURF
EQUIPMENT, AS SPECIFIED HEREIN, FOR THE MIAMI BEACH GOLF CLUB,
PURSUANT TO SIEMENS MASTER LEASE AGREEMENT WlTH THE CITY:
1) LEASE SCHEDULE #729-0051308-001, RETROACTIVE TO MAY 30, 2010;
2) LEASE SCHEDULE #729-0051308-002, RETROACTIVE TO JULY 17,201 0;
AND 3) LEASE SCHEDULE #729-0051308-003, RETROACTIVE TO JANUARY
10,2011; AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE ALL
LEASE SCHEDULES WlTH SIEMENS FINANCIAL SERVICES; AND
FURTHER AUTHORIZING THE ClTY MANAGER, AT HIS DISCRETION, TO
TERMINATE THE MASTER AGREEMENT AND/OR SCHEDULES.
WHEREAS, the City's current lease(s) agreement with Siemens Financial Services, for
various pieces of Toro turf maintenance equipment used to maintain the golf course at Miami
Beach Golf Club, have expired or are nearing expiration; and
WHEREAS, in order to continue the golf course operations, the Administration is seeking
the approval to proceed on a month-to-month basis under the leases until such time as either a
sponsorship agreement is approved, or a new contract is awarded via the competitive bidding
process; and
WHEREAS, it should be noted that the issuance of an Invitation To Bid ("ITB) for the
golf course equipment is being temporarily delayed in order to permit the Administration to fully
examine a potential corporate sponsorship opportunity that could provide the required
equipment at or below the competitive market price while providing the City revenue as a result
of an agreed upon sponsorship package; and
WHEREAS, the current master lease agreement is pursuant to State of Florida Contract
No. 515-630-06-1, and per the following three Lease Schedules #729-0051308-001, 002 and
003, for golf course turf grooming equipment; and
WHEREAS, the Parks & Recreation Department is currently working with the
Procurement Division on specifications for an ITB to provide a Purchase Price, and/or a Fair
Market Value Lease Option for 48-months, should that be necessary for any or all of the
required equipment; and
WHEREAS, in order to maintain the existing service level, it is recommended that the
Mayor and City Commission extend the current lease agreements with Siemens Financial
Services, which expired on May 30, 2010, July 17, 2010, and January 11, 201 1, on a month-to-
month basis, terminable at the discretion of the City Manager, until such time that the
Administration can fully vet the potential options of the corporate sponsorship opportunity and,
once determined and if necessary, initiate a competitive bidding process that will conclude with
an award of an agreement to provide the balance of any golf course equipment needed for the
operation of the City golf course(s); and
WHEREAS, this process may take from three (3) to six (6) months pending progress of
the sponsorship opportunity and any required ITB process, including City Commission award.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, on a month-to-month basis until such time that the Administration
can fully evaluate the potential option for corporate sponsorship, the following lease schedules
with Siemens Financial Services, for turf equipment as specified herein, for the Miami Beach
Golf Club, pursuant to Siemens master lease agreement with the City: 1) lease schedule #729-
0051 308-001, retroactive to May 30, 201 0; 2) lease schedule #729-0051308-002, retroactive to
July 17, 2010; and 3) lease schedule #729-0051308-003, retroactive to January 10, 201 1 ; and
hereby authorize the Mayor and City Clerk to execute all lease schedules with Siemens
Financial Services; and further authorize the City Manager, at his discretion, to terminate the
master lease agreement and/or schedules.
AND FURTHER AUTHORIZE THE ClTY MANAGER AT HIS DISCRETION.
PASSED and ADOPTED this day of January, 201 1.
ATTEST:
MATTI HERRERA BOWER
MAYOR
ROBERT PARCHER, ClTY CLERK
T:MGENDA\2011\1-19-1 l\Siemens Lease to Extend Golf Equipment Leases on Month-to-Month Basis- Resolution.doc
APPROVED AS TO
FORM & LANGUAGE
/-I F*P=ECUT'oN
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COMMISSION ITEM SUMMARY
Condensed Title:
Resolution: Supporting of nomination of the Lincoln Road Mall Historic Site to the National Register of
Historic Places.
Key Intended Outcome Supported:
Designation and retention of historically significant properties.
Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, all respondents were
asked to indicate if they felt the effort put forth by the City of Miami Beach on historic preservation was
too little, too much or about the right amount. 77.1 % of respondents reported that the effort put forth
by the City of Miami Beach on historic preservation is "about the right amount."
Issue:
The Administration is requesting that the Mayor and City Commission consider the proposed resolution,
which would urge the Florida National Register Review Board to approve the application for the listing of
the proposed Lincoln Road Mall Historic Site on the National Register of Historic Places.
Item SummarylRecommendation:
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
On December 14, 2010, the Historic Preservation Board held a public hearing and unanimously adopted
a resolution urging the Florida National Register Review Board to approve the application for the listing
of the proposed Lincoln Road Mall Historic Site on the National Register of Historic Places.
I I
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Financial Impact Summary:
Financial Information:
City Clerk's Office Legislative Tracking:
Thomas R. Mooney, Design and Preservation Manager; Debbie Tackett, Senior Planner.
@ MIAMIBEACH
Account Source of
Funds:
A43Et4DA tTtM e7 T
DATE
2
1
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager vn5'
DATE: January 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RECOMMENDING IN FAVOR OF LISTING THE
PROPOSED LINCOLN ROAD MALL HISTORIC SITE ON THE NATIONAL
REGISTER OF HISTORIC PLACES
ADMINISTRATION RECOMMENDATION
The Administration is requesting that the Mayor and City Commission adopt the
proposed resolution, thereby recommending in favor of listing the proposed Lincoln
Road Mall Historic Site on the National Register of Historic Places.
ANALYSIS
Before a property within the jurisdiction of a Certified Local Government (CLG) may be
considered by the State to be nominated to the Secretary of the Interior for inclusion in
the National Register of Historic Places, the State Historic Preservation Officer shall
notify the owner, the applicable chief local elected official, and the local historic
preservation commission. The commission, after reasonable opportunity for public
comment, shall prepare a report as to whether or not such property, in its opinion, meets
the evaluation criteria of the National Register. Within sixty days of notice from the State
Historic Preservation Officer, the chief local elected official shall transmit the report of the
commission and his recommendation to the State Historic Preservation Officer. If no
such report and recommendation are received within 60 days, the State shall proceed
with the nomination process.
If either the preservation agency or the appropriate local officials support the nomination
of the property, the proposal will be scheduled for consideration by the Florida National
Register Review Board. If both the commission and the chief local elected official
recommend that a property be nominated to the National Register, the State Historic
Preservation Officer shall take no further action, unless within 30 days of the receipt of
such recommendation by the State Historic Preservation Officer an appeal is filed with
the State. Any party may file an appeal with the State Historic Preservation Officer. If
the State Historic Preservation Officer, after hearing the appeal, determines that the
property is eligible, he shall proceed with the nomination process.
In this case, the State Historic Preservation Officer has received a National Register
Nomination Proposal for the Lincoln Road Mall in Miami Beach. The State is soliciting
the review and recommendation of the Miami Beach Historic Preservation Board and
appropriate local officials concerning eligibility in accordance with the procedures
Commission Memorandum of January 19,201 1
Lincoln Road Mall - National Register Nomination
Page 2 of 3
established by the National Historic Preservation Act [Title I, Section 101 (16 U.S.C.
470a) (c)(2)], which created the basis for the participation of CLGs in the National
Register of Historic Places nomination process.
On December 14, 2010, the Miami Beach Historic Preservation Board, acting in its role as a
Certified Local Government, held a public hearing and unanimously adopted a resolution
urging the Florida National Register Review Board to approve the application for listing the
Lincoln Road Mall on the National Register of Historic Places.
NATIONAL REGISTER EVALUATION CRITERIA:
1. In accordance with the Code of Federal Regulations, Title 36, Part 60, eligibility
for listing in the National Register of Historic Places is determined on the basis of
compliance with the evaluation criteria provided below.
The quality of significance in American history, architecture, archeology,
engineering, and culture is present in districts, sites, buildings, structures, and
objects that possess integrity of location, design, setting, materials,
workmanship, feeling, and association, and:
A. That are associated with events that have made a significant contribution
to the broad patterns of our history; or
B. That are associated with the lives of persons significant in out past; or
C. That embody the distinctive characteristics of a type, period, or method of
construction, or represent the work of a master, or that possess high
artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction; or
D. That have yielded, or may be likely to yield, information important in pre-
history or history.
2. Staff finds the subject property to be eligible for listing on the National Register of
Historic Places and in conformance with the evaluation criteria outlined above for
the following reasons:
A. That are associated with events that have made a significant
contribution to the broad att terns of our historv; or
The Lincoln Road Pedestrian Mall in Miami Beach is significant for its
association with the development of pedestrian malls in the United States
as an urban planning and retail strategy. Lincoln Road Mall represents
the oldest pedestrian mall in Florida, and is believed to be the oldest in
the United States possessing architectural integrity. Lincoln Road Mall
embodies all the definitive characteristics of this national urban planning
strategy and is exemplary as a successful application. Currently, the
American Planning Association estimates that only about thirty pedestrian
malls remain in the U.S. Many proved unsuccessful as downtown
revitalization strategies. Successful malls either possess a transit
component that brings patrons, or have built in sources of pedestrian
traffic as is the case with Miami Beach and tourists.
Commission Memorandum of January 19,2011
Lincoln Road Mall - National Register Nomination
Page 3 of 3
C. That embody the distinctive characteristics of a type. period, or method
of construction, or represent the work of a master. or that possess high
artistic values. or that represent a significant and distinguishable entity
whose components may lack individual distinction; or
The Lincoln Road Mall constitutes an important artistic statement by
architect Morris Lapidus - one that is representative of his design
aesthetic and applies many of the principles Lapidus developed over
decades of retail design. Lincoln Road embodies the distinctive
characteristics of mid-century modern architecture in South Florida, a
local adaptation termed MiMo (Miami Modern).
In addition to satisfying "A and "C" of the National Register Evaluation Criteria as noted
above, the Lincoln Road Mall has retained much of its original architectural design
integrity over the years. The Road is complemented by its setting and relationship with
the numerous contributing buildings within the Flamingo Park Local Historic District and
the National Register Miami Beach Architectural District. The pedestrian mall's modern
design is reflective of the architecture of the time in relation to its organization of space,
proportion, scale, massing, ornamentation, and materials. It's setting within the
surrounding local historic district and Miami Beach plays an important part in the
established fabric of the City and its development over time.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission support
the nomination of the Lincoln Road Mall Historic Site to the National Register of Historic
Places.
dJEV JMG:JGG:R~L:TRM:DJT
T:\AGENDA\2011\1-19-1 l\Linwln Road NR-Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, RECOMMENDING IN FAVOR OF
LISTING THE PROPOSED LINCOLN ROAD MALL HISTORIC SITE ON
THE NATIONAL REGISTER OF HISTORIC PLACES.
WHEREAS, the City of Miami Beach is a member of the Certified Local Government
program administered by the State of Florida, Department of State, Division of Historical
Resources; and
WHEREAS, a Certified Local Government shall review and provide recommendations
on applications for listing on the National Register, which are located within the municipality; and
WHEREAS, a proposal has been submitted for the designation of a National Register
Historic Site (Lincoln Road Mall) in Miami Beach, or more specifically the original Lincoln Road
pedestrian mall designed by Morris Lapidus, completed in 1960.
WHEREAS, the Lincoln Road Mall is generally bounded by the right of way of the series
of blocks running west from Washington Avenue to Alton Road; and
WHEREAS, the Lincoln Road Mall site is located within the boundaries of the local
Flamingo Park Historic District and the National Register Miami Beach Architectural District; and
WHEREAS, the Miami Beach Historic Preservation Board, on December 14, 2010,
unanimously determined that the proposed Lincoln Road Mall Historic Site satisfies the criteria
for listing in the National Register of Historic Places.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby recommend in favor of listing the proposed Lincoln Road Mall Historic Site
on the National Register of Historic Places.
PASSED and ADOPTED this day of , 2011.
MAYOR
ATTEST:
APPROVED AS TO FORM & LANGUAGE
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the
City Manager and City Clerk to execute a multi-agency Voluntary Cooperation Mutual Aid Agreement
between the City of Miami Beach on behalf of the Miami Beach Police Department, and the Office of
Attorney General, Child Predator Cyber Crimes Unit, in order to combat the online sexual exploitation
of children, the manufacturing and distribution of child pornography, and other related criminal
violations, which shall serve to disrupt those persons and organizations engaged in such criminal
activities.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
=ublic Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents in 2009,
ndicated that their three top most important areas of for the City of Miami Beach to address in an effort to
mprove public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and
Increasing Visibility of Police in Neighborhoods 32.4%.
Issue: I Shall the Commission adopt this Resolution? I
Item Summary/Recommendation:
I The Office of the Attorney General has established the Child Predator Cyber Crime Unit for the I
purpose of arresting and successful prosecution of offenders who commit internet crimes against
children. The Child Predator Cyber Crimes Unit is comprised of local, State and Federal law
enforcement personnel who seek the most effective and prosecutive avenues to facilitate the
apprehension and prosecution of those offenders responsible for the online sexual exploitation of
children, including the manufacturing and distribution of child pornography, and other related criminal
violations.
In an effort to support the Child Predator Cyber Crime Unit, the Miami Beach Police Department
(MBPD) has been asked by the Office of the Attorney General, to participate and execute a Voluntary
Cooperation Mutual Aid Agreement between the Office of the Attorney General and the City of Miami
Beach on behalf of the MBPD. As a result, detectives assigned to the MBPD's Special Victim's Squad
will participate on a part-time basis to work in conjunction with Child Predator Cyber Crime Unit
personnel in identifying, locating and apprehending individuals who commit these crimes in the City of
Miami Beach and South Florida.
Participation in the Child Predator Cyber Crime Unit will benefit the City of Miami Beach and the
MBPD because of access to increased investigative resources and capabilities at no cost to the City
of Miami Beach. Upon the signatures of the Director of the Office of the Attorney General Child
Predator Cyber Crime Unit and one other participating agency will commence the agreement and will
remain in effect until December 31, 2012.
I I
Advisory Board Recommendation:
NA I
Financial Information:
I I I
Financial Impact Summary:
Source of
Funds:
El OBPl
I I
City Cjprk's Office Legislative Tracking:
manager
g and Research Section
2
Total
1
Sign-Offs:
Amount Account
City Manager Department DirectoA
Carlos E. Noriega, Chief
Miami Beach Police Dep
Assistant City Manager
La MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE ClTY
MANAGER AND ClTY CLERK TO EXECUTE A MULTI-AGENCY
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT BETWEEN
THE ClTY OF MlAMl BEACH, ON BEHALF OF THE MlAMl BEACH
POLICE DEPARTMENT, ANDTHE OFFICE OF THE ATTORNEY
GENERAL, CHILD PREDATOR CYBERCRIME UNIT, IN ORDER TO
COMBAT THE ONLINE SEXUAL EXPLOITATION OF CHILDREN, THE
MANUFACTURING AND DISTRIBUTION OF CHILD PORNOGRAPHY,
AND OTHER RELATED CRIMINAL VIOLATIONS, WHICH SHALL
SERVE TO DISRUPT THOSE PERSONS AND ORGANIZATIONS
ENGAGED IN SUCH CRIMINAL ACTIVITIES.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
The Office of the Attorney General has established the Child Predator Cyber Crime Unit for the
purpose of arresting and successful prosecution of offenders who commit internet crimes against
children. The Child Predator Cyber Crimes Unit is comprised of local, State and Federal law
enforcement personnel who seek the most effective and prosecutive avenues to facilitate the
apprehension and prosecution of those offenders responsible for the online sexual exploitation of
children, including the manufacturing and distribution of child pornography, and other related
criminal violations..
In an effort to support the Child Predator Cyber Crime Unit, the Miami Beach Police Department
(MBPD) has been asked by the Office of the Attorney General, to participate and execute a
Voluntary Cooperation Mutual Aid Agreement between the Office of the Attorney General and the
City of Miami Beach on behalf of the MBPD. As a result, detectives assigned to the MBPD's
Special Victim's Squad will participate on a part-time basis to work in conjunction with Child
Predator Cyber Crime Unit personnel in identifying, locating and apprehending individuals who
commit these crimes in the City of Miami Beach and South Florida.
Participation in the Child Predator Cyber Crime Unit will benefit the City of Miami Beach and the
MBPD because of access to increased investigative resources and capabilitfes at no cost to the
City of Miami Beach. Upon the signatures of the Director of the Office of the Attorney General
Child Predator Cyber Crime Unit and one other participating agency will commence the
remain in effect until December 31, 2012.
RESOLUTION
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
CITY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MULTI-AGENCY
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT BETWEEN
THE ClTY OF MlAMl BEACH, ON BEHALF OF THE MlAMl BEACH
POLICE DEPARTMENT, AND THE OFFICE OF THE ATTORNEY
GENERAL, CHILD PREDATOR CYBER CRIME UNIT, IN ORDER TO
COMBAT THE ONLINE SEXUAL EXPLOITATION OF CHILDREN, THE
MANUFACTURING AND DISTRIBUTION OF CHILD PORNOGRAPHY,
AND OTHER RELATED CRIMINAL VIOLATIONS, WHICH SHALL
SERVE TO DISRUPT THOSE PERSONS AND ORGANIZATIONS
ENGAGED IN SUCH CRIMINAL ACTIVITIES.
WHEREAS, the Office of the Attorney General has established the Child Predator Cyber
Crime Unit for the purpose of arresting and successful prosecuting those offenders who commit
internet crimes against children; and
WHEREAS, the Child Predator Cyber Crimes Unit is comprised of local, State and
Federal law enforcement personnel that seek the most effective investigative and prosecutive
avenues to facilitate the apprehension and prosecution of those offenders responsible for the
online sexual exploitation of children, the manufacturing and distribution of child pornography,
and other related criminal violations; and
WHEREAS, the City of Miami Beach seeks to protect children from becoming victims of
this type of criminal activity, and is prepared to allow those detectives assigned to the Special
Victim's Squad of the Miami Beach Police Department, to liaison on a part-time basis, with their
counter parts of the Child Predator Cyber Crimes Unit in identifying, locating and apprehending
individuals who commit internet crimes against children in the City of Miami Beach and South
Florida; and
WHEREAS, it is a great benefit to the Miami Beach Police Department to participate in
the Child Predator Cyber Crime Unit because of the increased investigative resources and
capabilities, and thereby improve the effectiveness of the Miami Beach Police Department law
enforcement activities, at no cost to the City of Miami Beach; and
WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department,
and the Office of the Attorney General Child Predator Cyber Crime Unit, wishes to execute a
Multi-Agency Voluntary Cooperation Mutual Aid Agreement, commencing upon the signature of
the Director of the Office of the Attorney General Child Predator Cyber Crime Unit, and at least
one other participating agency, and shall remain in effect until December 31, 2012.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, authorizing the City Manager and
City Clerk to execute a Multi-Agency Voluntary Cooperation Mutual Aid Agreement between the
City of Miami Beach, on behalf of the Miami Beach Police Department, and the Office of the
Attorney General, Child Predator Cyber Crime Unit, in order to combat the online sexual
exploitation of children, the manufacturing and distribution of child pornography, and other
related criminal violations, which shall serve to disrupt those persons and organizations
engaged in such criminal activities.
PASSED and ADOPTED this day of January, 201 1.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, ClTY CLERK APPROVED AS TO
FORM & LANGUAGE
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Approving and Authorizing the
Mayor and City Clerk to execute an lnterlocal Agreement between Miami-Dade County and the City of Miami Beach for
the purchase of two (2) minibuses with American Recovery and Reinvestment Act funds.
Key Intended Outcome Supported:
Enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey,
Transportation remains one of the most significant areas to address from the survey results (often mentioned as a key
quality of life issue). 24% of residents rated traffic flow as excellent or good, and 37% as poor. 35% of residents rated
:he availability of pedestrian trails and bicycle pathsllanes as excellent or good, and 30% as poor.
Issue:
Shall the Mayor and City Commission approve the Resolution? I
Item Summary/Recommendation:
The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law by President Obama on February 1
17, 2009. ARRA funds were allocated by the Federal Transit Administration (FTA) as formula grants for local or
regional entities for construction ready transit projects. A total of $69,802,389 was allocated for Miami-Dade Transit
(MDT). The Metropolitan Planning Organization approved an automatic 20% allocation, or $1 3,960,477, of the FTA
ARRAfunding to be distributed to municipalities in the County. Based on population estimates, it was calculated that
the City would receive $945,460.98 in FTA ARRA funds.
The City will receive the allocated FTA ARRA funds as a sub-recipient of MDT. MDT, as the direct recipient of the
funds, will be liable for complying with FTA ARRA funding requirements. MDT is requiring the City to enter into an
lnterlocal Agreement (ILA) with the County, which would stipulate that the City would also be held responsible for
meeting all federal funding requirements. Additionally, the ILA stipulates that MDT is allowed to collect a 5%
administrative fee, or $47,273.05, which results in a total of $898,187.93 in FTA ARRA funding that the City would
receive for transit purposes. The FTA ARRA funds expire on September 30,201 5; however, FTA is requesting MDT
to accelerate the purchasing of the buses and expend the funds by March 30,201 2, since the purpose of ARRA is to
promote economic recovery.
City staff evaluated potential construction ready transit projects, and it was determined that the purchase of two (2)
new diesel minibuses would be the quickest way to expend funds, while also improving transit service for local
circulator bus routes within Miami Beach. Pursuant to Section 7.2 in the ILA, these buses will be utilized for the
provision of transit service only in Miami Beach. Bus routes in Miami Beach that utilize minibuses include the Route
115/117 Mid-North Beach Connection, the South Beach Local, and the Route A. In the event that the ILA is
terminated, the County shall maintain ownership of the buses, which must remain as part of MDT's service fleet. In
the event that the buses are removed from transit service prior to the end of their useful life, the County shall be
responsible for reimbursing FTA with the depreciated value of the buses.
The estimated cost for the purchase of the two buses is $820,887; however FTA's grant rules require the full amount
of the grant award to be included in the ILA. If the actual cost of the buses is less than the full amount of the grant
award, the City will be able to request approval from FTA for a budget revision for the balance of funding so that it may
be used for other transit improvements along transit corridors within Miami Beach. 1 THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
u 3
Total
Financial Information:
I Financial lmoact Summarv: I I - 1
City Clerk's Office Legislative Tracking: I Fernando Vazquez, City Engineer, x.6399
Account
AGENDA ITEM VC~X
MTE 119-I!
Amount Source of
Funds: - 1
m
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the C' Commission P'
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN MIAMI-
DADE COUNTY AND THE ClTY OF MlAMl BEACH IN THE AMOUNT OF
$945,460.98 FOR THE PURCHASE OF TWO (2) MINIBUSES FOR BUS ROUTES
IN MIAMI BEACH, WITH FUNDING FROM A FEDERAL TRANSIT
ADMINISTRATION AMERICAN RECOVERY AND REINVESTMENT ACT GRANT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Miami-Dade Transit will purchase two (2) buses using County funds in the estimated amount of
$820,887 for subsequent reimbursement by the Federal Transit Administration with American
Recovery and Reinvestment Act Funds awarded to the City of Miami Beach. The balance of funding
may be available for other transit improvements along transit corridors within Miami Beach,
dependent on final approval from FTA.
ANALYSIS
The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law by President
Obama on February 17,2009. The purposes of ARRA are the following: to preserve and create jobs
and promote economic recovery; to assist those negatively affected by the recession; and to
stabilize State and local government budgets in order to minimize reductions in essential services.
ARRA includes measures to modernize the nation's infrastructure, enhance America's energy
independence, expand educational opportunities, increase access to health care, provide tax relief,
and protect those in greatest need.
ARRA funds are being distributed through existing funding programs through the following three (3)
categories:
1. Funds allocated as formula grants directly to local or regional entities;
2. Funds allocated to the states for discretionary pass-through or competitive grants;
3. Funds to be distributed at the Federal level through a grant competitive process.
ARRA funds were allocated by the Federal Transit Administration (FTA) as formula grants for local
or regional entities for construction ready transit projects. A total of $69,802,389 was allocated for
Miami-Dade Transit (MDT), which is responsible for planning and providing all public transit services
in Miami-Dade County (County), including in Miami Beach. The Metropolitan Planning Organization
(MPO) approved an automatic 20% allocation, or $13,960,477, of the FTA ARRA funding to be
distributed to municipalities in the County. Based on population estimates, it was calculated that the
City of Miami Beach would receive $945,460.98 in FTA ARRA funds.
Commission Memorandum - ARRA ILA Bus Purchase
January 19,201 1
Page 2 of 2
On March 18,2009 the City Commission approved the submission of a grant application for the FTA
ARRA funding and authorized the execution of all necessary documents related to this application.
City staff evaluated potential construction-ready transit projects for Miami Beach, and it was
determined that the purchase of diesel minibuses would be the quickest way to expend funds and
improve transit service. The MPO amended the Transportation Improvement Plan (TIP) to include
the purchase of the buses as an approved project with the buses to be used for local circulator
routes within Miami Beach. The grant application submitted to FTA requested the purchase of the
buses, and the FTA ARRA funds subsequently awarded can now only be used for the purchase of
buses.
The City will receive the allocated FTA ARRA funds as a sub-recipient of MDT. MDT, as the direct
recipient of the funds, will be liable for complying with FTA ARRA funding requirements. MDT is
requiring the City to enter into an Interlocal Agreement (ILA) with the County, which would stipulate
that the City would also be held responsible for meeting all federal funding requirements (see
Attachment A, ARRA Transit ILA). Additionally, the ILA stipulates that MDT is allowed to collect a
5% administrative fee, or $47,273.05, which results in a total of $898,187.93 in FTA ARRA funding
that the City would receive for transit purposes. There are no matching funds required for this
funding. MDT will first incur project costs and then seek reimbursement from FTA. The FTAARRA
funds expire on September 30,201 5; however, FTA is requesting MDT to accelerate the purchasing
of the buses and expend the funds by March 30,201 2, since the purpose of ARRA is to promote
economic recovery.
MDT has agreed to allow the City to purchase the buses through an existing County bus
procurement contract. MDT will use County funds to execute the purchase with a reimbursement
from ARM funds. The buses will be owned and maintained by the County as part of the MDT fleet.
Pursuant to Section 7.2 in the ILA, these buses will be utilized for the provision of transit service only
in Miami Beach. Bus routes in Miami Beach that utilize minibuses include the Route 11511 17 Mid-
North Beach Connection, the South Beach Local, and the Route A. In the event that the ILA is
terminated, the County shall maintain ownership of the buses, which must remain as part of MDT's
service fleet. In the event that the buses are removed from transit service prior to the end of their
useful life, the County shall be responsible for reimbursing FTA with the depreciated value of the
buses.
The estimated cost for the purchase of the two buses is $820,887; however FTA's grant rules
require the full amount of the grant award to be included in the ILA. If the actual cost of the buses is
less than the full amount of the grant award, the City will be able to request approval from FTA for a
budget revision for the balance of funding so that it may be used for other transit improvements
along transit corridors within Miami Beach. These transit improvements may include the following:
enhanced access to transit for pedestrians and people with disabilities; bicycle access facilities and
equipment for storage; and other transit enhancements.
CONCLUSION
The Administration recommends approving the Resolution.
Attachment:
1: ARRA Transit ILA
JMGIJGGIFHBIFV
T:\AGENDA\201 I\January IQ\ARRA Bus Purchase Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND ClTY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY AND THE ClTY OF MlAMl BEACH IN THE AMOUNT
OF $945,460.98 FOR THE PURCHASE OF TWO (2) MINIBUSES FOR BUS
ROUTES IN MlAMl BEACH, WITH FUNDING FROM A FEDERAL TRANSIT
ADMINISTRATION AMERICAN RECOVERY AND REINVESTMENT ACT
GRANT.
WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) was signed into
law by President Obama on February 17,2009; and
WHEREAS, ARRA funds were allocated by the Federal Transit Administration (FTA) as
formula grants for local or regional entities for construction ready transit projects; and
WHEREAS, the City will receive $945,460.98 in FTA ARRA funds as a sub-recipient of
Miami-Dade Transit (MDT), the direct recipient of the funds; and
WHEREAS, MDT is allowed to collect a 5% administrative fee, or $47,273.05, from the
municipalities, which results in a total of $898,187.93 in FTA ARRA funding that the City would
receive for transit purposes; and
WHEREAS, MDT is requiring the City to enter into an lnterlocal Agreement (ILA) with Miami-
Dade County; and '
WHEREAS, MDT will use the FTA ARM funds to purchase two (2) new diesel minibuses
for local circulator bus routes within the Miami Beach city limits for subsequent reimbursement
by the FTA with ARRA funds; and
WHEREAS, the estimated cost for the purchase of the two (2) minibuses is $820,887, and
the balance of funding may be available for other transit improvements along transit corridors
within Miami Beach, dependent on final approval from FTA; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve
the ILA with the County to purchase two (2) minibuses for local circulator bus routes in Miami
Beach through a FTA ARRA grant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF
THE CITY OF MlAMl BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and City Clerk to execute an lnterlocal Agreement between Miami-
Dade County and the City of Miami Beach in the amount of $945,460.98 for the purchase of two
(2) minibuses for bus routes in Miami Beach, with funding from a Federal Transit Administration
American Recovery and Reinvestment Act grant.
PASSED AND ADOPTED this day of 201 1.
ATTEST:
ClTY CLERK APPROVED AS TO
T:MGENDA\2011 \I-1 9-1 IMRRA Bus Purchase Reso.doc
Attachment 1 5
lnterlocal Agreement Between
Miami-Dade Transit Agency and the City of Miami Beach
For Federal Funding Pass-~hrough Arrangements with the American Recovery and
Reinvestment Act (ARRA) of 2009 Federal Transit Administration (FTA 5307) for the
City to Purchase Buses
This is an Interlocal Agreement, made and entered into this day of 2010 by
and between Miami-Dade County, through the Miami-Dade Transit (MDT), a political subdivision of
the State of Florida, hereinafter referred to as "the County", and the City of Miami Beach, a municipal
corporation of the State of Florida, hereinafter referred to as "the City".
WITNESSETH: I
WHEREAS, the' County, an Urbanized Area Formula Program grantee, agrees to pass
through Federal Transit Administration (FTA) 5307 the American Recovery and Reinvestment Act
(ARRA) funding for the City, a designated FTA funding recipient; and
WHEREAS, using that funding, the City will provide transportation services only within the
City for the benefit of local residents and businesses within the City and within sections of Miami-
Dade County in the City; and
WHEREAS, the City will provide the residents and visitors of.the City of Miami Beach with
improved public transportation through MDT's purchase of two (2) minibuses, which will be operated
by Miami Dade Transit (MDT); and
WHEREAS, the provision of regularly scheduled transit services by the County will connect
with existing MDT Metrobus services and will help increase the use of the transit services provided
by MDT.
NOW, THEREFORE,
,* I
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments
hereinafter set forth, the County and the City agree as follows:
185 -
-. - ARTICLE I
DEFINITIONS
I. 1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended.
I .2 The American Recovery and Reinvestment Ad (ARRA).
1.3 "Contractor" shall mean any entity, public or private providing public circulator services as
described in this Agreement under contract to the City.
1.4 "Circulator" shall mean fixed route or semi-fixed route public transportation bus services
where at least seventy (70%) percent of the route is within the City and said circulator service
is operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of
the Code of Miami-Dade County.
1.5 "The County" shall include Miami-Dade County, the Miami-Dade Transit Agency, the Miami-
Dade Consumer Services Department, and authorized representatives thereof.
1.6 The City" shall mean City of Miami Beach and authorized representatives thereof.
1.7 "FDOT" shall mean the Florida Department of Transportation and authorized representative
thereof.
1.8 "MDT" shall mean the Miami-Dade Transit and authorized representatives thereof,
1.9 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and
representatives thereof.
1.10 "FTA" shall mean the Federal Transit Administration, its rules and regulations, and
representatives thereof.
1 .I 1 . "CSD" shall mean the Consumer Services Department of Miami-Dade County and authorized
representatives thereof.
I I "PTRD" shall refer to the Passenger Transportation Regulatory Division of CSD.
1.13 "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR
Section 5335(a), as may be amended from time to time, and found in the National Transit
Database Reporting Manual published by the FTA.
1.14 "STS', Special Transportation Service, is the component of the conventional transit system
designed to provide comparable circulator service to disabled individuals as mandated in the
ADA.
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Com~liance with Ap~licable Laws and Regulations. The City and the County and their
contractors, if any, shall comply with all existing and future laws, statutes, ordinances,
codes, rules, regulations, and procedural requirements, whether federal, state, or local, which
are applicable to, or in any manner affect, the purchase of buses with FTA ARRA funding.
The City and County shall be responsible for ensuring compliance of their employees,
contractors, agents, or assigns with all applicable county,. state, and federal requirements,
including, but not limited to, all safety, mechanical, and vehicular standards mandated by
MDT and CSD. The City shall be responsible for obtaining copies of the applicable laws,
regulations, ordinances, and documents and complying therewith.
2.2 The County Renulatow Requirements. Prior to the use of the buses purchased under this
Agreement, MDT andlor its contractors, if any, shall have current and valid certificates of
transportation, permits, and chauffeur registrations as required by Chapter 31 of the Code of
Miami-Dade County. MDT and its contractors shall maintain such certiicates, registrations
and permits current. In no event shall MDT or any of its contractors provide any
transportation services contemplated by this Agreement until any and all County regulatory
requirements are satisfied.
2.3 Vehicle Licensing. The buses utilized to provide transportation services under the
agreement shall at all times be properly licensed and permitted in accordance with applicable
federal, state, and county requirements. Vehicle operators shall comply with all safety,
mechanical, and vehicular standards mandated by any applicable county, state, and federal
requirements including, but not limited to, all safety, mechanical, and vehicular standards
mandated by MDT and CSD.
2.4 Vehicle Standards. The buses purchased under the agreement shall comply with all of the
requirements contahed in Chapters 30 and 31 of the Code of Miami-Dade County, pertinent
state statutes and other directives as may be prescribed and required by CSD or MDT. The
buses shall at all times display a current and valid county permit and shall comply with safety,
mechanical, and vehicular requirements mandated by applicable County, state, or federal
requirements, including ADA.
2.5 Chauffeur Reauirements. Chauffeurs shall at all times have a current and valid county
chauffeur's registration. Chauffeurs shall also comply with any safety, mechanical, and
vehicle standards mandated by applicable County, state, and federal requirements and as
may be prescribed and required by' CSD or MDT.
2.6 Proof of Com~liance Prior to O~eration. MDT and/or its contractors, (if any), shall provide
the County with proof of compliance with licensure, insurance, and any other requirements
mandated by the County Code, State statute, or federal law prior to the buses purchased
under this Agreement are put into service.
2.7 Purchase of Services/Sole Responsibility. City employees, agents, and contractors providing
transportation services authorized by this Agreement shall be considered to be, at all times,
solely employees, agents, and contactors of the City under its sole direction and not
. employees, agents, or contractors of the County.
2.8 Compliance with ADA. The buses purchased under this ~$reement shall comply with all
applicable requirements of the ADA. The City and the County recognize their joint obligation
to provide STS in the area served by the buses purchased under the agreement. In fulfillment
of the City's obligation, the City hereby contracts with the County to provide STS Service for
trips which have both their origin and destination within the City service area, as the County
shall continue to provide such trips as part of its STS Service at no cost to the City. To the
extent that any terms in this Agreement are in conflict with the ADA, the requirements of the
ADA shall control.
2.8 Compliance with Federal Civil Rights Requirements. The City and the County shall comply
with the Federal Civil Rights requirements as attached herein, which may be modified from
time to time by the federal government (See Attachment A).
2.10 Compliance with the United States De~artment of Labor: The City and the County shall, to
the extent applicable, comply with the Labor Protective Agreements as attached herein,
which may be modified from time to time by the federal government (See Attachment 8).
2.11 FTA reauirements for sub reci~ients of Federal funding: The City, shall to the extent
applicable comply with the FTA requirements for sub recipients of Federal funding as
attached, which may be modified from time to time by, the Federal government herein (See
Attachment C).
2.12 Com~liance with Procurement Requirements. The County shall receive and review all
proposals in accordance with federal and state procurement requirements, as may be
amended from time to time. Miami-Dade County's Department of Procurement Management
will forward a recommendation of contract award to the governing body of the applicable
municipalities.
2.13 Countvls Rinht to Submit Pro~osals and Bids. The County shall be given the opportunity to
bid upon any Requests for Proposals, Requests for Qualifications, or Requests for Bids which
the City shall issue regarding the provision of transportation services pursuant to the
Agreement and shall be considered, along with private contractors, for provision of said
services.
2.14 Drun-free Workplace and Testing. In accordance with the Code of Miami-Dade County, the
City and the County shall certify that it will have a drug-free workplace program. Further, the
City and the County shall require pre-employment drug testing and other periodic drug testing
for all persons holding safety-sensitive positions, as defined by USDOT, related to transit
operation authorized by this Agreement. Effective upon execution of the Agreement, the City
and the County shall require that their employees (or contractors, if applicable), comply with
all applicable requirements of the USDOT regulations for drug and alcohol testing. To the
extent that any terms in this Agreement are inconsistent with the USDOT regulation, the
requirements of the USDOT shall control.
2.15 Citv Representative. The City shall designate individual(s) to act as liaison to the County
and notify the County thereof. The City shall promptly notify the County of any changes.
2.16 County Representative. The County shall designate individual(s) to act as liaison to the City
and notify the City thereof. The County shall promptly notify the City of any changes.
2.17 Amendments or modifications. Unless provided otherwise in this Agreement, amendments
and modifications to this Agreement must be in writing and shall require the signatures of the
County Mayor and the City Mayor, or their respective designees, subject to authorization by
their respective Boards. Notwithstanding the foregoing, amendments to this Agreement
regarding alignments, schedules, and fares, as described in Section 2-150 (c) of the Miami-
Dade County Code, may, as to the County, be approved by the County Manager but as to the
City, by the Mayor of the City Commission.
ARTICLE 3
CITY OF MIAMI BEACH BUS SERVICES
3.1 Provision of Citv Bus Services. Any changes to routes/schedules of buses purchased
pursuant to this Agreement shall be consistent with Chapter 31 of the Code of Miami-Dade
County and be effective only upon the written consent of the County Manager and the Mayor
of the City of Miami Beach, or their respective designees.
3.2 Connection and Coordination with Countv Bus Routes. The routes serviced with the
purchase of bus (es) under this Agreement may complement existing County Metrobus
routes and will provide the citizens of the City of Miami Beach with improved public
transportation, which will meet the local public needs.
3.3 Operation of Routes in Their Entirety. The County shall be responsible for ensuring that the
bus route(s) for the buses purchased pursuant to this Agreement are operated in their
entirety with no deviation from the approved routes and schedules unless otherwise
authorized by the parties.
3.5 Use of Lono. FTA has a logo uniquely identifying ARRA projects. Such logo shall at all times
be displayed on the exterior of the buses purchased pursuant to this Agreement; provided
however, that the County shall be responsible for placing the logo on the buses, as well as
pertinent signs where space is available for such logos to be placed.
ARTICLE 4
RECORDS AND REPORTS
4.1 Reportinn Requirements. MDT shall collect or assure the collection of all information
required for federal and state reporting purposes, and shall provide collected and compiled
information to the State or FTA. The FTA through the County, requires quarterly Financial
Status Reports (FSR), Milestones, and Ridership Reports. MDT shall report monthly ridership
performance data.
4.2 Additional Information. The City shall provide additional information about the MDT bus
service operations as requested by the County within thirty (30) days, unless a different time
period is agreed upon, in writing, by the City Manager and the ~ouhty Mayor or hislher
designee.
4.3 Administrative Fees. The City shall pay the County a 5% fee from the FTA FY 2009 award
of $945,460.98 for grant administration, finance, project management, and performance
reporting. Based on this award amount, the 5% fee shall equal $47,273.05. The remaining
amount of $898,187.93 shall be available to purchase buses under this Agreement. The net
amount to the City is $898,187.93.
4.4 National Transportation Database (Section 15) Reporting. Timely Annual Reporting
Statistics as required by the Federal Transit Administration (FTA), National Transit Database,
as defined in the annual FTA National Transit Database Reporting Manual and FTA Circular
2710.2A1 "Sampling Procedures for Obtaining Demand Responsive Bus System Operating
Data" which may be amended from time to time by the FTA (Formerly known as Section 15
Reporting) will be provided by MDT. Supporting documentation shall be submitted by MDT
to the County if requested in writing. MDT's annual audit statement will be required and
records shall be maintained for no less than five (5) years for FTA triennial review.
4.5 Accidents and Incidents. In addition to emergency and police notifications, MDT shall be
responsible for ensuring that all accidents and incidents of the buses purchased pursuant to
this Agreement to provide transportation services pursuant to this Agreement are promptly
reported to the County and subsequently that adequate and appropriate documentation of
investigation, using National Safety Council definitions, be furnished to the County within
three (3) working days. Initial notification of accidents or incidents shall be reported on a form
approved by the County within 24 hours of occurrence. Any accident involving major
damage, serious personal injury, or loss of life shall be reported to the County within I hour of
occurrence. Records shall be kept for at least three (3) years for each accident a vehicle is
involved in, including the repair work required to return the vehicle to service. The City must
also provide to the CSD Passenger Transportation Regulatory Division (PTRD), one (I) copy
of each accident report within 72 hours of such accident. The City must also furnish the
County all accident and incident data as required for the FTA National Transit Database
(NTD), (as defined in the FTA NTD Safety and Security Reporting Manual, including the
Major Incident Report within 30 days of occurrence and the Non-Major Summary Reports
(monthly, before end of month following report month).
ARTICLE 5
INSURANCE
The parties hereto acknowledge that the City is a self-insured governmental entity subject to
the limitations of Section 768.28, F.S. The City shall institute and maintain a fiscally sound
and prudent risk management program with regard to its obligations under this Agreement in
accordance with the provision of Section 768.28, F.S.
ARTICLE 6
IDEMNIFICATION
6.1 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold
harmless the County, and its officers, agents, employees and instrumentalities from any and
all liability, claims, losses, and causes of action, including attorneys' fees and costs of
defense which the County or its office\rs, employees, agents or instrumentalities may incur as
a result of claims, demands, suits, causes of actions or proceedings of any kinds or nature
arising out of, or relating to or resulting from the negligence of the City andlor its officers,
employees, agents or instrumentalities, during the term of this Agreement. The City shall pay
all claims and losses in connections therewith, and shall investigate and defend all claims,
suits or actions of any kind or nature in the name of the County, where applicable, including
appellate proceedings, and shall pay all costs, judgments and reasonable attorneys' fees
which may issue thereon. Nothing herein shall be deemed to indemnify the County from any
liability or claim arising out of the negligent performance or failure of performance of the
County, its officers, employees, agents or instrumentalities or any other related third party.
This paragraph is subject to the limitations of Section 768.28, F.S.
6.2 The County shall, to the extent permitted by law at all times hereafter, indemnify and hold
harmless the City, and its officers, agents, employees and instrumentalities from any and all
liability, claims, losses, and causes of action, including attorneys' fees and costs of defense
which the City or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes, of actions or proceedings of any kind or nature arising out of,
or relating to or resulting from the negligence of the County andlor its officers, employees,
agents or instrumentalities, from commencement of this agreement until the city accept the
vehicle (s). The County shall pay all claims and losses in connection therewith, subject to the
limitations described herein and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the City, where applicable, including appellate proceedings, and
shall pay all costs, judgments and reasonable attorneys fees which may issue thereon.
Nothing herein shall be deemed to indemnify the City from any liability or claim arising out of
the negligent performance or failure of performance of the City, its officers, employees,
agents or instrumentalities or any other related third party. This paragraph is subject to the
limitations of Section 768.28, F.S.
ARTICLE 7
FINANCIAL ASSISTANCE
7.4 Grant Matchina Funds. There are no matching funds required for this American Recovery
Reinvestment Act (ARRA) FTA program.
Bus Purchases. All vehicles purchased shall be owned and maintained by the County and
shall be part of the MDT fleet. The County agrees to purchase two (2) diesel minibuses
through its bus procurement contract and in compliance with all existing and future laws,
statutes, ordinances, codes, rules, regulations, and procedural requirements, whether
federal, state, or local, which are applicable to, or in any manner affect, the purchase of
buses with FTA ARRA funding, for a price not to exceed $898,187.93. These buses will be
utilized for the provision of transit service only in Miami Beach. In the event that this
Agreement is terminated prior to the useful life of the vehicles, as specified in Federal
regulations, the County shall be responsible for reimbursing FTA with the depreciated value
of the buses and thereafter the vehicles may remain as part of MDT's service fleet. In the
event that this Agreement is terminated, the County agrees to allow the City to purchase
additional diesel minibuses through its bus procurement contract at the County-negotiated
price per bus to be funded by the City and at the sole option of the City.
7.3 Com~arable Aareements. In the event that the County enters into an lnterlocal Agreement
with any other municipality for transportation services, which are comparable to the services
provided herein, but upon more favorable terms for the municipality than the terms provided
herein, the County agrees to amend this Agreement, if requested by the City Manager, to
provide the same favorable terms to the City as those provided in such other
CountyIMunicipal lnterlocal Agreements.
7.4 Financial Obliaation. To the extent the FTA deducts, withholds, or deobligates from this or
any other federal grant as a result of any act or omission.on the part of the Municipality, the
County shall be entitled to deduct, withhold or invoice the City from this or any other
agreement between the parties in the same amount as has been deducted, withheld or
deobligated from the County.
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVlSlONS
8.1 Term of Agreement. This Agreement shall commence upon approval of the Board of County
Commissioners and the Mayor and City Commission of the City of Miami Beach and the
execution by the County Mayor or hislher designee and the City Manager.
8.2 Renerlotiation or Modification. Any substantive changes to the terms of this Agreement shall
only be implemented after the County and the City have entered into a written agreement
describing the changed services.
8.3 Title VI and VII Civil Riahts Act of 1964. The City and its contractors, if any, shall not
discriminate against any person because of race, color, sex religious background, ancestry or
national origin in the performance of the Agreement.
8.4 Termination for Cause. This Agreement may be terminated for cause by either party upon no
less than thirty (30) days written notice to the other party, except when transit operations are
determined to be in violation of health andlor safety-related provisions of state statutes or the
Code of Miami-Dade County, in which case termination shall be as determined by the County
Mayor. Said notice shall be delivered by verified facsimile transmission or certified mail,
return receipt requested. The noticed party shall have the opportunity to cure any stated
cause for termination within a reasonable notice period, in which case the terminating party
may cancel the termination notice using the same means by which the notice of termination
delivered.
8.5 Termination without Cause. The County or the City may terminate this Agreement without
cause upon no less than sixty (60) days written notice to the other party.
8.6 Notices. All notices and other communications required to be remitted pursuant to this
Agreement to either party hereto shall be in writing and shall be delivered by verified facsimile
transmission or certified mail, return receipt requested, to the parties at the address indicated
below:
FOR MIAMI-DADE COUNTY:
Miami-Dade Transit Agency
701 N.W. First Court, Suite 1700
Miami, FL 33136
Attention: Director, Miami-Dade Transit
Fax: 786-469-5580
FOR CITY OF MIAMI BEACH:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL, 33139
Attention: Jorge Gonzalez, City Manager
Phone: 305-673-701 0
Fax: 305-673-7782
8.7 Name of Pavee. The name of the official payee to whom the County shall issue checks shall
be City of Miami Beach.
8.8 Complete and Bindinn Agreement. This writing embodies the full and complete Agreement
of the parties. No other terms, conditions or modifications shall be binding upon the parties
unless in writing and signed by the parties.
8.9 Execution. This document shall be executed in four (4) counterparts, each of which shall be
deemed an original.
8.10 Governing Law. This Agreement shall be construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature:
ATTEST: FOR THE COUNTY:
Miami-Dade County,
A political subdivision of the State of Florida
County Clerk
By its Board of County Commissioners
By: By:
Deputy Clerk County Manager
Date Executed:
Approved as to Form and Legal Sufficiency
By:
Assistant County Attorney
ATTEST: FOR THE CITY:
City of Miami Beach
A political subdivision of the State of
Florida
By: By:
City Clerk City Manager
Date Executed:
APPROVED AS TO
.FORM & LANGUAGE
I, HARVEY RUVIN, Clerk of the Circuit and County Courts, in and for Miami-Dade County,
Florida, and Ex-Oficio Clerk of the Board of County Commissioners of said county, DO HEREBY
CERTIFY that the above and foregoing is a true and correct copy of Resolution No. R- I
adopted by the said Board of County Commissioners at its meeting held on I as
appears of record.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 29th day of
October, A.D., 2008.
HARVEY RUVIN, Clerk
Board of County Commissioners
Miami-Dade County, Florida
By:
Deputy Clerk
Board of County Commissioners
Miami-Dade County, Florida
ARRA TransitVLAWinal ILA\Miami Beach ILA ARRA Buses 8-25-2010.docx
Attachment A
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DEE PROGRAM
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. 3 623,42 U.S.C. 5j 2000
42 U.S.C. § 6102, 42 U.S.C. 12112
42 U.S.C. § 12132,49 U.S.C. 5 5332
29 CFR Part 1630,41 CFR Parts 60 et seq.
CIVIL RIGHTS REQUIREMENTS:
(I) Nondiscrimination Generally - In accordance with Title VI and Title VII of the Civil Rights Act
of 1964, as amended, 42 U.S.C. 5 2000d, section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42
U.S.C. 12132, and Federal transit law at 49 U.S.C. § 5332, the Municipality, Contractor or
Subcontractor agree that they will not discriminate against any contractor and subcontractor, or
any employee or applicant for employment on the basis of race, color, national origin, religion,
age, disability, ancestry, veteran's status, marital status, pregnancy, sexual orientation, or the
exercise of their constitutional or statutory rights. In addition, the Municipality, Contractor or
Subcontractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue. The Municipality, Contractor or Subcontractor shall
take affirmative action to ensure that applicants are employed, and that.employees are treated
during employment without regard to their race, color, national origin, religion, age, disability,
ancestry, veteran's status, marital status, pregnancy or sexual orientation. Such action shall
include, but not be limited to, the following: employment, upgrading, promotion, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeships.
(2) Equal Emglovment Opportunity - Each Municipality, Contractor or Subcontractor will be
required to assure compliance with all equal employment opportunity policies through reporting
requirements to be developed and established by Miami-Dade Transit. The following equal
employment opportunity requirements apply to the underlying contract, or any project resulting
from, or within the ambit not his agreement.
(a) Race, Color. Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and ~ederal transit laws at 49
U.S.C. § 5332, the Municipality, Contractor or Subcontractor agree to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq. (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order I1246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of projects resulting from this interlocal
agreement and funded with ARRA funds. The Municipality, Contractor or Subcontractor
agree to take affirmative action to ensure that applicants are employed, and that
employees are treated equitably during employment, without regard to their race, color,
creed, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
EBfarnb
MDT -OCR/LR
DBE FORMS (Rev. 612009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements that Miami-Dade Transit andlof FTA may
issue.
(b) & - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. $j fj 623 and Federal transit law at 49 U.S.C. § 5332, the
Municipality Contractor or Subcontractor agree to refrain from discrimination against
present and prospective employees for reason of age. In addition, the Contractor agrees
to comply with any implementing requirements that Miami-Dade Transit and/or FTA may
issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements Miami-Dade Transit
and/or FTA may issue.
(3) The Municipality, Contractor and Subcontractor also agree to include these requirements in
each subcontract financed in whole or in part with Federal assistance provided by FTA, and
specifically ARRA funding, and will modify the requirements only if necessary to identify the
affected parties.
ACCESS TO RECORDS AND REPORTS REQUIREMENTS:
(1) The Municipality, in accordance with 49 CFR 'l8.36(i) agree to provide to Miami Dade
County, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the
Municipality, which are directly pertinent to the project, or projects subject to this Interlocal
Agreement and funded with ARRA funding for the purposes of making audits, examinations,
excerpts and transcriptions. The Municipality also agree, pursuant to 49 C. F. R. 633.17 to
provide Miami Dade County andlor the FTA Administrator or his authorized representatives
including any PMO Contractor access to Municipality, records and construction sites pertaining
to a capital project, subject to this interlocal agreement. 5302(a)1, which is receiving federal
financial assistance through the programs described at 49 U.S.C. 5307, 5309, 531 1, or ARRA
funds.
(2) Contractor and subcontractor by reason of the receipt of ARRA funds agree to provide
Miami-Dade county andlor, the FTA Administrator or his authorized representatives, including
any PMO Contractor, access to the Municipality, Contractor or Subcontractor records and
construction sites pertaining to any project, or projects subject to this interlocal agreement,
which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307,5309,531 1, or ARRA funds.
(3) Where the Municipality, Contractor or Subcontractor enter into a contract for a project or
improvement funded with ARRA funds through other than competitive bidding, the Municipality,
Contractor or Subcontractor shall make available records related to the contract to Miami Dade
County, and where applicable or requested, the Secretary of Transportation and the
EB/amb
MDT -OCR/LR
DBE FORMS (Rev. 612009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DEE PROGRAM
Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
(4) All parties agree to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(5) The Municipality, Contractor or Subcontractor agree to maintain all books, records, accounts
and reports required under this contract for a period of not less than three years after the date
of termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Municipality, Contractor or
Subcontractor agree to maintain same until Miami Dade County, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(1 I).
The parties agree to report to Miami-Dade Transit their activities and expenditures on the
attached forms, or via any medium that Miami-Dade Transit may request, or any other forms to
be provided at later date by Miami-Dade Transit.
DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
(1) Minimum wages
(i) All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due
at time of payment computed at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
I (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (l)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided that the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including
any additional classifications and wage rates conformed under paragraph (l)(ii) of this section)
and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
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MDT -OCR/LR
DBE FORMS (Rev. 6/2009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
(ii) (A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe benefits
therefore only. when the following criteria have been met:
(I) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by
the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the
area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
2021 0. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional 'classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(l)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
That the Secretary of Labor has found, upon the written request of the contractor, that the
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MOT-OCR/LR
DBE FORMS (Rev. 612009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
' applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of obligations
under the plan or program.
(v) (A) The contracting officer shall require that any class of laborers or mechanics which is
not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following
criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bea.rs a reasonable
relationshipto the wage rates c0ntained.h the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary. .
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(l)(v) (B) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(2) Withholding - The municipality shall upon its own action or upon written request of an
authorized representative of Miami-Dade Transits, the Department of Labor withhold or cause to
be withheld from the contractor under this contract or any other Federal contract with the same
prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing
wage requirements, which is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor
the full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
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MDT -OCR/LR
DBE FORMS (Rev. 612009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract, the
Municipality may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
(3) Payrolls and basic records
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29
CFR 5.5(a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section
l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs.
(ii) (A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the municipality for transmission to the Miami Dade Transit.
The payrolls submitted shall set out accurately and completely all of the information required to
be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be
submitted in any form desired. Optional Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-I),
US. Government Printing Office, Washington, DC 20402. MDT may require that the required
reports be submitted electronically. If MDT elects that the municipalities shall make provided all
required reports electronically via any software or medium designated by Miami-Dade Transit.
The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors.
(B) Each. payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained
under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and
complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the'full weekly wages earned, without
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DBE FORMS (Rev. 6/2009)
MIAMI-DADETRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may Subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Federal Transit Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, Miami-Dade
Transit may recommend, and the Federal agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12., and applicable county rules and ordinances.
(4) Apprentices and trainees
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first
90 days of probationary employment as an apprentice in such an apprenticeship program, who
is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractors registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for
the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
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MDT -OCR/LR
DBE FORMS (Rev. 6/2009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship program
does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator of the
Wage and Hour Division of the U.S. Department of Labor determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize appreniices at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who
is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program,
the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal emplovment opportunity - The utilization of apprentices, trainees and .journeymen
under this part shall be in conformity with the equal employment opportunity re6uirements of
Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(l) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
'subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be
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DBE FORMS (Rev. 612009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
grounds for termination of the contract, and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts I, 3, and 5 are
herein incorporated by reference in this contract. .
(9) Disputes concerning tabor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
(10) Certification of eligibility -
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.1 2(a)(I).
(ii) No part of this.contract shall be subcontracted to any person- or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
DISADVANTAGED BUSINESS ENTERPRISES
a. This contract is subject to the requirements of Title 49, Code of Federal .Regulations, Part 26,
participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. The agency's overall goal for DBE participation is 21.4 %. A separate contract
goal for DBE participation may be established by the Municipality for each contract. If the
Municipality elects to set a contract goal for any specific contract, it must in each instance
submit the project goal with all supporting documents and details to MDT's Office of Civil Rights
for Review and approval.
b. The municipality shall ensure that its contractors do not discriminate on the basis of race,
color, national origin, or sex in the performance of its contract funded with federal dollars or
ARRA funds. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of this DOT-assisted contract. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as Miami-Dade Transit deems appropriate. Each subcontract
that a contractor signs with a subcontractor must include the assurance in this paragraph (see
49 CFR 26.13(bI and copies of such contracts provided to Miami-Dade Transit.
c. If a separate contract goal has been established, the municipality shall ensure that the
Bidderslofferors are required to document sufficient DBE participation to meet these goals or,
alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53.
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MDT -OCR/LR
DEE FORMS (Rev. 612009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
Award of any contract under this Interlocal Agreement is conditioned on submission of the
following
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating; .
4. Written documentation of the bidderlofferor's commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor's commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
BiddersIOfferors must present the information required above as a matter of responsiveness
with initial proposals and prior to contract award (see 49 CFR 26.53(3)).
d. The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory.performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the municipality. In addition, the contractor is required to return any
retainage payments to those subcontractors within 30 days after the subcontractor's work
related to this contract is satisfactorily completed. If the municipality elects to use progress
payments, the contractor is required to return any retainage payments to those subcontractors
within 30 days after incremental acceptance of the subcontractor's work by the municipality and
contractor's receipt of the partial retainage payment related to the subcontractor's work.
e. The contractor must promptly notify municipality, who shall in turn notify MDT, whenever a
DBE subcontractor performing work related to this contract is terminated or fails to complete its
work, and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. The contractor may not terminate any DBE subcontractor and
perform that work through its own forces or those of an affiliate without prior written consent of
both MDT and the Municipality.
MIAMI-DADETRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
DBE CONTRACTOR IDENTIFICATION STATEMENT
1) Name of DEE Contractor
2) Year business established
3) Address and telephone number
-
4) DEE Type: Women Black Hispanic Other (specify)
All DBEs must show ownership percentage by gender-- Male % Female %
5) Name of principal officer
6) Principal type of work
7) Name of persons involved in management of firm and positions held:
NAME RACE SEX
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DBE FORMS (Rev. 6/2009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
E.
If additional space is needed, please use another sheet.
8) For a Corporation or Professional Association (PA): Identify those who own five percent or more of the firm's
stock or five percent or more share of a Professional Association.
NAME RACE SEX OWNERSHIP YEARS OF VOTING
PERCENTAGE OWNERSHIP PERCENTAGE
If additional space is needed, please use another sheet. (Continued on Page 2)
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MDT-OCRILR
DBE FORMS (Rev. 6/2009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
DBE CONTRACTOR IDENTIFICATION STATEMENT
MDT DBE Participation Program
9) For a Proprietorship, indicate the DBE status and gender of the proprietor:
Black Male Black Female Hispanic Male Hispanic Female
Other Male (Specify) Other Female (Specify)
10) Does the firm have an 8(a) Certification issued by the Small Business Administration under Section 8(a) of the
Small Business Act as amended (15 U.S.C. 637 (a)?
NO - YES , Certified as an 8(a) Contractor (date)
11) Date certified as a DBE Cert. No. Expires
12) The undersigned agrees to provide other relevant information concerning ownership and control if requested
to do so by MDC or its representative.
Signature of Official of DBE Company Title of Official
Date
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MDT-OCR/LR
DEE FORMS (Rev. 6/2009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
PRIME AND SUBCONTRACTORS INFORMATION FORM
INSTRUCTIONS: To be completed by the prime and by all subcontractors that submitted a bid on the project.
Bid Description: Bid No.
Percentage of DBE Goal %
BIDDER INFORMATION
Firm Name F.E.I.N.*
Street Suite No.
City State Zip Code
Prime Bidder? Yes - No If No, enter name of Prime
Year Founded Annual Gross Receipts: Under $500k Over $SOOk
Phone No. FAX No. Email
SPECIALTY
USE APPROPRIATE TWO-DIGITS SBA STANDARD INDUSTRIAL CLASSIFICATION CODE (SIC):
Construction: Building--SIC 15 - Heavy--SIC 16 Specialty Trades--SIC 87 -
Professional Services (Architectural, Engineering, Accounting, etc.) SIC 87 -
Goods, Equipment and Non-professional Services
MIAMI-DADE COUNTY CERTIFIED DBE:
Certificate Expiration Date: / / Ethnicity Gender
AFFl DAVIT
I certify that I am an authorized representative of above named firm.
Signature Name Title Date
For MDC Use Onlv: Was the subject bid awarded to this bidder? Yes No
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
SCHEDULE FOR PARTICIPATION
Instructions for Contractors: List your DBE firms and sign.
DBE FIRM (1):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: %$
Proposed Commencement Date: Proposed Completion Date:
DBE Firm (2):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: %$
Proposed Commencement Date: Proposed Completion Date:
DBE Firm (3):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: %$
Proposed Commencement Date: Proposed Completion Date:
DBE Firm (4):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: %$
Proposed Commencement Date: Proposed Completion Date:
The undersigned certifies that it is committed to hire the above firms to do the work listed above on project
, as part of it obligations under said project, and agrees to make the DBE & EEO
Requirements of said project part of any tier of its subcontracts.
Authorized Signature Print Name and Title Date
Name of Contractor
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MDT -OCR/LR
DEE FORMS (Rev. 612009)
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
To: and Miami-Dade County
(Name of Prime Contractor)
From:
(Name of DBE Firm)
The undersigned DBE is prepared to perform the following described services and/or supply the following
described goods, in connection with the following project/contract for a total dollar amount of $ and
certifies that, upon the execution of a contract with the Prime Contractor, it will not subcontract any part of such
contract to any firm, at any tier, without obtaining prior written consent from Miami-Dade County, through the
Prime Contractor; it further certifies that it has received from Prime Contractor a true copy of the Affirmative
Action provisions, which must include the Davis Bacon requirements and wage determinations, if applicable.
Prime Contractor Project
Name
DBE ASSIGNMENTS:
Item No. Work to be performed Dollar Amount Per Bid Form
ItemISupply Description Quantity Dollar Amount
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DEE FORMS (Rev. 612009)
21 1
Title
Authorized Signature
Print Name Date
SUBCONTRACTORS MONTHLY PROGRESS REPORT
I
CONTRACTOR NAME CONTRACT
AMOUNT $
Report Period:
NAME
DBE GOAL % PAID TO PRIME CONTRACTOR TO DATE
CONTRACT NUMBER PROJECT
misrepresent or falsify such information, I may be subject to civil and or criminal prosecution under Title 18 United
State Code Section 1001.
Authorized Signature Print Name and Title Date .
PAYMENT TO
DATE
MONTHLY
PAYMENT
AMOUNT PAYMENTS TO NON-
DBES
CONTRACT
AMOUNT
TYPE OF
WORK/SERVICE
I certify that the above information is true and accurate to the best of my knowledge and understand that if I
TYPE OF SERVICE
ETHNIC DBE FIRMS SEX
ATTACHMENT B
LANGUAGE FOR INCORPORATION INTO THE
CONTRACT OF ASSISTANCE
Grant #FL-96-X028
The "Public Body", City of Miaini Beach, agrees that the following terms and
conditions shall apply for the protection of employees in the mass passenger
transportation industry in the service area of the project:
1 The project shall be carried out in such a manner and upon srrch teims and conditions as will
not adversely affect e~nployees in the mass passenger transportation industry within the service
area of the project. The "service aseayy as used herein, includes the geographic area over which
the project is operated aid the area whose population is served by tlle project, including
adjacent areas affected by the proj ect;
2 All rights, privileges, and senefits (incl~rding pension rights and benefits) of employees
(h~clurdhg employees already retired) shall be presesved and continued;
3 The P~~blic Body shall be fii1ancially respoilsible for any deprivation of einployment or other
worsening of employment position as a result of the project;
4 In the event an employee is terminated or laid off as a result of the projec6 he shall be granted
priority of employment or reeinploynent to fill any vacant position for which he or she is, or
by training or retraining can become, qualified. 111 the event tsaining or retraining is required
by srrcl~ employme~~t or ree~nployment, the Public Body shall provide or provide for sucl~
training or retsah~hlg at 110 cost to the employee;
5 Any employee who is laid off or otherwise deprived of e~zzployment or placed in a worse '
position with respect to compensation, horns, woslung collditions, fiinge benefits, or rights and
privileges pertaining thereto at my time drving his or her einployment as a result of the
project, including any program of efficieilcies or econoinies directly or indirectly related
thereto, shall be entitled to receive any applicable rigl~ts, privileges and benefits as specified in
the employee protective a~angement, kuown as C- 1, certified by the Secretary of Labor under
Section 405(b) of the Rail Passenger Service Act of 1970 on April 16, 1971 (See Appendix C-1, a
copy of which is included on the Departmeilt's website.).
An e~npioyee shall not be regarded as deprived of employ~nellt or placed in a worse position wit11
respect to comnpensation, etc., in case of his or her resignation, death, retirement, dismissaI for
cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as
used herein shall include events occul-sing ia anticipation of, during, and subsequent to the project;
In the event any new enlployment opportunities in the areas including, but not liinited to bus
operators, mechanics, stock clerks, janitorial services or supe~visory support of the aforeinei~tioned
einployine~lt areas are created directly or indirectly or as a result of the project, said employment
opportunities shall initially be offered to any laid off Miami-Dade Transit bargaining unit
employees. This obligation extends only to Miami-Dade Transit enlployees that were not laid off
for cause or any other malfeasance.
Additionally, this requirement applies to the hiring of laid off Miami-Dade Transit einployees for
positiolls comparable in ilature to the positions from which they were laid off.
Suck e~nployees shall receive the applicable wage rde(s) and benefits enjoyed as determined by
the compensation received in the prior twelve (12) months of employment, prior to lay off.
Additionally, any eillployee Iiired in accordance with this provision shall retain all rights and
privileges in accordance with applicable Collective Bargaining Agreement, for the duration of the
employlnent.
6. In the event my provisioll of these conditions is held to be invalid or otherwise unellforceable, the
PubIic Body, the enlployees and/or tlieir representatives may invoke the jurisdiction of the
Secretaiy of Labor to deterinine substit~ite fair and equitable employee protective arrangements
which shall be incorporated in these conditions; .
7. The Public Body agrees that any controversy respecting the project's effects upon employees, the
interpretation or application of tliese conditions and the disposition of any claim arising hereunder
may be submitted by any party to the dispute illcludillg the elnployees or their represei~tative for
deterinination by the Secretary of Labor, whose decision sl~all be final.
I11 the event of any dispute as to whether or not a particular ernployee was affected by the project,
it sllall be the employee's obligation to identify the project and specify the pertinent facts of the
Project relied upon. It sl~all them1 be the burden of the P~~blic Body to prove that factors other than
the project affected the employee. The clai~ning einployee-shall prevail if it is establisl~ed that the
project had an effect upon the employee even if other factors may also have affected the employee
(See Hodgson's Affidavit in Civil Action No. 825-71);
8 Tile Public Body s11alI maintain and keep on file all relevant books and records in sufficient detail
as to provide the basic information necessary to the ~nalcing of the decisions called for in the
preceding paragraph;
9. The Public Body will post, in a prolnineclt and accessible place, a notice stating that the Public
Body is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply
wit11 the provisions of 49 U.S.C., Section 5333(b). The notice sliall specify the terms and
conditions set forth herein for the protection of enlployees; and
10. The protective assangeinents cel-tified by the Secretary of Labor are intended for tile primary and
direct benefit of transit elnployees in the service area of the project. These e~llployees are intended
third-party beneficiaries to tlie enlployee protective arrangements of the grant contract between the
U.S. Depal-titlent of Transportation and the GranteeIApplicant, and the pal-ties to the co~~tsact so
signify by executing that contract. Emnployees, or their representative on tlieir bel~alf, may assert
claims with respect to the protective al~at~geme~lts under this provision. This clause creates no
independent cause of action against the United States Governine~lt.
As a preconditioil to the release of assistance to any Recipient, this letter and the terins and
conditions of the protective agreenients or arrangernetits referenced above, shall be incorporated
into the contract of assistance between the Grantee and/or Applicant and such Recipient, by
reference.
ATTACHMENT C
MDT Grants Administration unit will provide all municipalities the following sections from
the FTA Master Agreement and FTA Circular 9030.1 to address the above
aforementioned finding.
Section 19. Use of Real Property, Equipment, and Supplies
Section 28. Charter Service Operations
Section 29. School Transportation Operations
Section 39. Special Provisions for the Urbanized Area Formula Program
Section 19. Use of Real Property, Equipment, and Supplies.
The Recipient understands and agrees that the Federal Government retains a Federal
interest in any real property, equipment, and supplies financed with Federal assistance
(Project property) until, and to the extent, that the Federal Government relinquishes its
Federal interest in that Project property. With respect to any Project property financed
with Federal assistance under the Grant Agreement or Cooperative Agreement, the
Recipient agrees to comply with the following provisions of this Master Agreement,
except to the extent FTA determines otherwise in writing:
a. Use of Proiect Pro~ertv. The Recipient agrees to maintain continuing control of the
use of Project property to the extent satisfactory to FTA. The Recipient agrees to use
Project property for appropriate Project purposes (which may include joint development
purposes that generate program income, both during and after the Project's award
period and used to support public transportation activities) for the duration of the useful
life of that property, as required by FTA. Should the Recipient unreasonably delay or fail
to use Project property during the useful life of that property, the Recipient agrees that it
may be required to return the entire amount of the Federal assistance expended on that
property. The Recipient further agrees to notify FTA immediately when any Project
property is withdrawn from Project use or when any Project property is used in a
manner substantially different from the representations the Recipient has made in its
Application or in the Project Description for the Grant Agreement or Cooperative
Agreement for the Project.
b. General. A Recipient that is a State, local, or Indian tribal government agrees to
comply with the property management standards of 49 C.F.R. 35 18.31 through 18.34,
including any amendments thereto, and with other applicable Federal regulations in
accordance with applicable Federal directives. A Recipient that is an institution of higher
education or private nonprofit entity, agrees to comply with the property management
standards of 49 C.F.R. §§ 19.30. through 19.37, including any amendments thereto, and
with other applicable Federal regulations in accordance with applicable Federal
directives. Any exception to the requirements of 49 C.F.R. $5 18.31 through 18.34, or
the requirements of 49 C.F.R. §§ 19.30 through 19.37, requires the express approval of
the Federal Government in writing. A Recipient that is a for-profit en't'iy agrees to
comply with property management standards satisfactory to FTA. The Recipient also
agrees to comply with FTA1s reimbursement requirements for premature dispositions of
certain Project equipment, as set forth in Subsection 19.g of this Master Agreement.
FTA Master Agreement MA(15), 10-1-2008 44
c. Maintenance. The Recipient agrees to maintain Project property in good operating
order, in compliance with any applicable Federal laws and regulations in accordance
with applicable Federal directives, except to the extent that FTA determines otherwise in
writing.
d. Records. The Recipient agrees to keep satisfactory records pertaining to the use of
the Project property, and submit to FTA upon request such information as may be
required to assure compliance with this Section 19 of this Master Agreement.
e. Incidental Use. The Recipient agrees that:
(I) General. Any incidental use of Project property will not exceed that permitted under
applicable Federal laws or regulations in accordance with applicable Federal directives.
(2) Alternative Fueling Facilities. In accordance with 49 U.S.C. 5 5323(p), any incidental
use of its federally financed alternative fueling facilities and equipment by nontransit
public entities and private entities will be permitted, only if:
(a) The incidental use does not interfere with the Recipient's Project or public
transportation operations;
(b) The Recipient fully recaptures all costs related to the incidental use from the
nontransit public entity or private entity;
(c) The Recipient uses revenues received from the incidental use in excess of costs for
planning, capital, and operating expenses that are incurred in providing public
transportation; and
(d) Private entities pay all applicable excise taxes on fuel.
f. Encumbrance of Proiect Pro~ertv. Unless FTA approves otherwise in writing, the
Recipient agrees to maintain satisfactory continuing control of Project property as
follows:
(1) Written Transactions. Absent the express consent of the Federal Government, the
Recipient agrees that it will not execute any transfer of title, lease, lien, pledge,
mortgage, encumbrance, third party contract, sub agreement, grant anticipation note,
alienation, innovative finance arrangement (such as a cross border lease, leveraged
lease, or otherwise), or any other obligation pertaining to Project property, that in any
way would affect the continuing Federal interest in that Project property.
(2) Oral Transactions. Absent the express consent of the Federal Government, the
Recipient agrees that it will not obligate itself to any third party with respect to Project
property in any manner that would adversely affect the continuing Federal interest in
any Project property.
(3) Other Actions. The Recipient agrees that it will not take any action that would either
adversely affect the Federal interest or adversely impair the Recipient's continuing
control of the use of Project property.
FTA Master Agreement MA(15), 10-1 -2008 45
g. Transfer of Proiect Propertv. The Recipient understands and agrees as follows:
(I) Recipient Reuuest. The Recipient may transfer any Project property financed with
. Federal assistance authorized under 49 U.S.C. chapter 53 to a local governmental
authority to be used for any public purpose with no further obligation to the Federal
Government, provided the transfer is approved by the Federal Transit Administrator and
conforms with the requirements of 49 U.S.C. 95 5334(h)(1) through 5334(h)(3).
(2) Federal Government Direction. The Recipient agrees that the Federal Government
may direct the disposition of, and even require the Recipient to, transfer title to any
Project property financed with Federal assistance awarded under the Grant Agreement
or Cooperative Agreement.
(3) Leasinq. Unless FTA has determined or
determines otherwise in writing, if the Recipient leases any Project property to another
party, the Recipient agrees to retain ownership of the leased Project property, and
assures that the lessee will use the Project property appropriately, either through a
written lease between the Recipient and lessee, or another similar document. Upon
request by FTA, the Recipient agrees to provide a copy of any relevant documents.
h. Dis~osition of Proiect Pro~erty. With prior FTA approval, the Recipient may sell,
transfer, or lease Project property and use the proceeds to reduce the gross project cost
of other eligible capital public transportation projects to the extent permitted by 49
U.S.C. 5 5334(h)(4). The Recipient also agrees that FTA may establish the useful life of
Project property, and that it will use Project property continuously and appropriately
throughout the useful life of that property.
(I) Proiect Prooertv Whose Useful Life Has Expired. When the useful life of Project
property has expired, the Recipient agrees to comply with FTA's disposition
requirements.
. (2) .Proiect Prooertv Prematurelv Withdrawn from Use. For Project property withdrawn
from appropriate use before its'useful life has expired, the Recipient agrees as follows:
I (a) Notification Reauirement. The Recipient agrees to notify FTA immediately when any
Project property is prematurely withdrawn from appropriate use, whether by planned
withdrawal, misuse, or casualty loss.
(b) Calculatina the Fair Market Value of Prernaturelv Withdrawn Project Property. The
Recipient agrees that the Federal Government retains a Federal interest in the fair
market value of Project property prematurely withdrawn from appropriate use. The
amount of the Federal interest in the Project property shall be determined on the basis
of the ratio of the Federal assistance made available for the property to the actual cost
of the property. The Recipient agrees that the fair market value of Project property
I prematurely withdrawn from Project use will be calculated as follows:
1. Eaui~ment and Su~plies. Unless otherwise determined in writing by FTA, the
Recipient agrees that the fair market value of Project equipment and supplies shall be
calculated by straight-line depreciation, based on the useful life of the equipment or
supplies as established
' FTA Master Agreement MA(15), 10-1 -2008 46
or approved by FTA. The fair market value of Project equipment and supplies shall be
the value immediately before the occurrence prompting the withdrawal of the equipment
or supplies from appropriate use. In the case of Project equipment or supplies lost or
damaged by fire, casualty, or natural disaster, the fair market value shall be calculated
on the basis of the condition of the equipment or supplies immediately before the fire,
casualty, or natural disaster, irrespective of the extent of insurance coverage. As
authorized by 49 C.F.R. § ?8.32(b), a State may use its own disposition procedures,
provided that those procedures comply with the laws of that State.
2. Real Propert~. The Recipient agrees that the fair market value of real property
financed under the Project shall be determined by FTA either on the basis of competent
appraisal based on an appropriate date approved by FTA, as provided by 49 C.F.R.
Part 24, by straight line depreciation of improvements to real property coupled with the
value of the land as determined by FTA on the basis of appraisal, or by other Federal
law or regulations that may be applicable.
3. Exceptional Circumstances. The Recipient agrees that the Federal Government may -
require the use of another method to determine the fair market value of withdrawn
Project property. In unusual circumstances, the Recipient may request another
reasonable method including, but not limited to, accelerated depreciation, comparable
sales, or established market values. In determining whether to approve such a request,
the Federal Government may consider any action taken, omission made, or unfortunate
occurrence suffered by the Recipient pertaining to the preservation of Project property
no longer used for appropriate purposes.
(c) Financial Obliaations to the Federal Government. Unless otherwise approved in
writing by the Federal Government, the Recipient agrees to remit to the Federal
Government the Federal interest in the fair market value of any Project property
prematurely withdrawn from appropriate use. In the case of fire, casualty, or natural
disaster, the Recipient may fulfill its obligations to remit the Federal interest by either:
I, Investing an amount equal to the remaining Federal interest in like-kind property that -
is eligible for assistance within the scope of the Project that provided Federal assistance
for the property that has been prematurely withdrawn from use; or
2. Returning to the Federal Government an amount equal to the remaining Federal -
interest in the withdrawn Project property.
i. Insurance Proceeds. If the Recipient receives insurance proceeds as a result of
damage or destruction to the Project property, the Recipient agrees to:
(-I) Apply those insurance proceeds to the cost of replacing the damaged or destroyed
Project property taken out of service, or
(2) Return to the Federal Government an amount equal to the remaining Federal
interest in the damaged or destroyed Project property.
I j. Trans~ortation - Hazardous Materials. The Recipient agrees to comply with applicable
requirements of U.S. Pipeline and Hazardous Materials Safety Administration
I regulations,
FTA Master Agreement MA(15), 10-1 -2008 47
"Shippers - General Requirements for Shipments and Packaging's," 49 C.F.R. Part 173,
in connection with the transportation of any hazardous materials.
k. Misused or Damaaed Proiect Propertv. If any damage to Project property results from
abuse or misuse occurring with the Recipient's knowledge and consent, the Recipient
agrees to restore the Project property to its original condition or refund the value of the
Federal interest in that property, as the Federal Government may require.
I. Res~onsibilities After Proiect Closeout. The Recipient agrees that Project closeout will
not change the Recipient's Project property management responsibilities as stated in
Section 19 of this Master Agreement, and as may be set forth in Federal laws,
regulations, and directives effective at a later date, except to the extent the Federal
Government determines otherwise in writing.
!
Section 28. Charter Service Operations.
The Recipient agrees that neither it nor any public transportation operator performing
work in connection with a Project financed under 49 U.S.C. chapter 53 or under 23
U.S.C. 55 133 or 142, will engage in charter service operations, except as authorized by
49 U.S.C. 3 5323(d) and FTA regulations, "Charter Service," 49 C.F.R. Part 604, and
any Charter Service regulations or FTA directives that may be issued, except to the
extent that FTA determines otherwise in writing. The Charter Service Agreement the
Recipient has selected in its latest annual Certifications and Assurances is incorporated
by reference and made part of the Grant Agreement or Cooperative Agreement for the
Project. If the Recipient has failed to select the Charter Service Agreement in its latest
annual Certifications and Assurances to FTA and does conduct charter service
operations prohibited by FTA's Charter Service regulations, the Recipient understands
and agrees that: (I) the requirements of FTA1s Charter Service regulations and any
amendments thereto will apply to any charter service it or its sub recipients, lessees,
third party contractors, or other participants in the Project provide; (2) the definitions of
FTA's Charter Service regulations will apply to the Recipient's charter operations, and
(3) a pattern of violations of FTA's Charter Service regulations may require corrective
measures and imposition of remedies, including barring the Recipient, sub recipient,
lessee, third party contractor, or other participant in the
FTA Master Agreement MA(I5), 'lo-1 -2008 56
Project operating public transportation under the Project from receiving Federal financial
assistance from FTA, or withholding an amount of Federal assistance as set forth in
Appendix D to those regulations. [Amendments to FTA regulations, "Charter Service,''
49 C.F.R. Part 604, were published at 73 Fed. Reg. 2325 ef seq., January 14, 2008,
and amended at 73 Fed. Reg. 44927 ef seq., August 1, 2008, and at 73 Fed. Reg.
46554 ef seq., August 1 I 2008.1
Section 29. School Transportation Operations,
The Recipient agrees that neither it nor any public transportation operator performing
work in connection with a Project financed under 49 U.S.C. chapter 53 or under 23
U.S.C. §§ 133 or 142, will engage in school transportation operations for the
transportation of students or school personnel exclusively in competition with private
school transportation operators, except as authorized by 49 U.S.C. §§ 5323(f) or (g), as
applicable, and FTA regulations, "School Bus Operations," 49 C.F.R. Part 605 to the
extent consistent with 49 U.S.C. §§ 5323(f) or (g), in accordance with any School
Transportation Operations regulations or FTA directives that may be issued at a later
date, except to the extent: that FTA determines otherwise in writing. The School
Transportation Operations Agreement the Recipient has selected in its latest annual
Certifications and Assurances is incorporated by reference and made part of the Grant
Agreement or Cooperative Agreement for the Project. If the Recipient has failed to
select the School Transportation Agreement in its latest annual Certifications and
Assurances to FTA and does conduct school transportation operations prohibited by
FTA's School Bus Operations regulations, 49 C.F.R. Part 605, to the extent those
regulations are consistent with 49 U.S.C. §§ 5323(f) or (g), the Recipient understands
and agrees that: (4) the requirements of FTA's School Bus Operations regulations, 49
C.F.R. Part 605, to the extent consistent with 49 U.S.C. §§ 53230 or (g), will apply to
any school transportation setvice it or its sub recipients, lessees, third party contractor,
or other participants in the project provide, (2) the definitions of FTA's School Bus .
Operations regulations will apply to the Recipient's school transportation operations,
and (3) if there is a violation of FTA1s School Bus Operations regulations to the extent
consistent with 49 U.S.C. §§ 5323(f) or (g ), FTA will bar the Recipient, sub recipient,
lessee, third party contractor, or other Project participant operating public transportation
that has violated FTA's School Bus Operations regulations, 49 C.F.R. Part 605, to the
extent consistent with 49 U.S.C. 3s 5323(f) or (g), from receiving Federal transit
assistance in an amount FTA considers appropriate.
Section 39. Special Provisions for the Urbanized Area Formula Program.
' The Recipient agrees that .the following provisions apply to Urbanized Area Formula
' . ' Program assistance authorized under 49 U.S.C. 5 5307, and agrees to comply with the
Federal laws and regulations applicable to that program in accordance with applicable
FTA directives, except to the extent that FTA determines otherwise in writing:
a. Fares and Services. Before increasing fares or instituting a major reduction of
service, the Recipient agrees to use its established administrative process to solicit and
consider public comment.
b. Audit Requirements. The Recipient agrees that the Federal Governrbent may
conduct, or may require the Recipient to engage an independent entity to conduct, . .
' 'annual or more frequent reviews and audits as required by 49 U.S.C. § 5307(h) and
' . . applicable Federal laws and regulations in accordance with applicable Federal '
directives. The Recipient agrees that such audits will be conducted in accordance with
. U.S. GAO "Government Auditing Standards."
c. Half-Fare Requirements. The Recipient agrees that the fares or rates it charges
elderly individuals and handicapped individuals during nonpeak hours for public
transportation using or involving Project property will not exceed one-half the rates that
generally apply to other individuals at peak hours, irrespective of whether the operation
of Project facilities or equipment is by the Recipient or by another entity connected with
the Project, either through lease, third party contract, or otherwise. The Recipient also
agrees to give the rate required herein to any individual presenting a Medicare card duly
issued to that individual pursuant to Title II or XVlll of the Social Security Ad, 42 U.S.C.
§§ 401 et seq., or 42 U.S.C. 55 1395 et. seq., respectively.
d. Use of Formula Assistance for Operations. A Recipient authorized to use Federal
assistance authorized under 49 U.S.C. 5 5307 to support operations agrees as follows:
(1) The Recipient will comply with the restrictions of 49 U.S.C. §§ 5307(b) and 5307(f) in
using Urbanized Area Formula Program assistance for operations, unless permitted
otherwise by Federal law, regulation, or directive issued at a later date.
FTA Master Agreement MA(15), 10-1 -2008 60
(2) Federal assistance authorized by 49 U.S.C. $j 5307 may be applied to the Net
Project Cost of the Recipient's operating expenses incurred during the Project time
period as set forth in the Approved Project Budget and, with FTA approval, may be
extended to a later date to the extent permitted by law, provided that applicable
operating assistance limits are not exceeded.
e. Public Trans~lortation Securitv. For each fiscal year, the Recipient agrees to spend at
least one (I) percent of its Federal assistance authorized under 49 U.S.C. § 5307 for
public transportation security projects as described in 49 U.S.C. § 5307(d)(l)(J)(i),
unless the Recipient has determined that such expenditures for security projects are not
necessary. For a Recipient serving an urbanized area with a population of 200,000 or
more, only capital projects are eligible for support with that Federal assistance.
f. Public Trans~ortation Enhancements. If the Recipient serves an urbanized area with a
population of 200,000 or more, the Recipient agrees to spend each fiscal year at least
one (I) percent of its Federal assistance authorized under 49 U.S.C. § 5307 for public
transportation enhancements as defined at 49 U.S.C. 5 5302(a), and submit an annual
report listing the projects carried out in the preceding fiscal year with that Federal
assistance.
g. Re~ortina Requirements. For each fiscal year, the Recipient agrees to conform, and
assures that any public transportation operator to which the Recipient provides Federal
assistance authorized under 49 U.S.C. 5 5307 will conform, to the National Transit
Database reporting system and the uniform system of accounts and records required by
49 U.S.C. 5 5335(a) for FTA's national transit database, and comply with implementing
FTA regulations, "Uniform System of Accounts and Records and Reporting System," 49
C.F.R. Part 630, and any other reporting regulations in accordance with FTA directives.
h. Particbation of Sub reci~ients. The Recipient agrees to enter into a written
agreement with each sub recipient participating in an Urbanized Area Formula Project,
which agreement sets forth the sub recipient's responsibilities, and includes appropriate
clauses imposing requirements necessary to assure that the sub recipient will not
compromise the Recipient's compliance with Federal requirements applicable to the
Project and the Recipient's obligations under the Grant Agreement for the Project and
this Master Agreement.
FTA Circular 9030.1 Chapter V: Section 5: (D) Satisfactory Continuing Control
(E) Maintenance
Section 10: (A) Bus Facilities .
d. Satisfactorv Continuina Control. Section 5307(d)(l)(B) provides that the
grantee must annually certify that it "has or will have satisfactory continuing
control over the use of the equipment and facilities . . . " through operation or
lease or otherwise.
An FTA grantee must maintain control over federally funded property; ensure that
it is used in transit service, and dispose of it in accordance with Federal
requirements. If the grantee leases federally funded property to another party, the
lease must provide the grantee satisfactory continuing control over the use of that
property. Control over FTA-funded facilities and equipment is determined in two
areas: real property (land) and'facilities; and personal property (equipment and
rolling stock, both revenue and non-revenue). FTA requirements are for adequate
property control as shown, for example, through an inventory system; for proper
use and disposition of property as shown, for example, by conforming with FTA
procedures described 'in the grants management circular (FTA C 5010.1C) for
disposing of.property; and for safeguards against loss, theft, or damage.
e. Maintenance. The grant applicant must annually certify that pursuant to
49 U.S.C. Section 5307(d)(I)(C), it will maintain (federally funded) facilities
and equipment.
The grantee must keep equipment and facilities acquired with Federal assistance
in good operating order. This includes maintenance of rolling stock (revenue and
non-revenue), machinery and equipment, and facilities. Every grant recipient of
Urbanized Area Formula Program funds must have in its files a maintenance
plan. The maintenance plan should identify the goals and objectives of a
maintenance program, which may include, for example, vehicle life, frequency of
road calis, and maintenance costs compared to total operating costs. The
maintenance program, therefore, should establish the means by which such
goals and objectives will be obtained.
a. General Philosoahv. FTA assists in building two categories of bus facilities:
I. facilities that support transit operations, such as maintenance garages
and administrative buildings, and
2. facilities that provide passenger amenities and extend into the urban
environment, such as bus terminals, stations, shelters, and park-and-
ride lots.
FTA supports projects that are transit-related; an applicant will need to justify
costs that are only indirectly related to transit. FTA participates in those portions
of a project most physically and functionally connected to transit. Generally
speaking, FTA does not participate in costs outside the "transit footprint" of a
development project. FTA does participate in joint development projects as
discussed in Chapter Ill, paragraph 41. TEA-21 provides that joint development
projects are eligible capital costs for all of the FTA grant programs. A grant
, applicant interested in applying Urbanized Area Formula Program funds to a
joint development project should refer to FTA Circular 9300.1A1 "FTA Capital
Program: Grant Application Instructions," Appendix B, for amplification
concerning joint development projects.
With regard to intermodal facilities, FTA will participate on a pro rata basis,
based on the public transit use or portion of the project. FTA assistance for
parking is generally limited to parking for transit passengers or ride- sharing.
FTA funds may not be used to support parking for shoppers or sports events
unrelated to transit usage. To ensure that Federal funds appropriated for transit
purposes are used as Congress intended, FTA may require a grantee to reserve
FTA-assisted parking areas for transit users. Incidental use of parking areas,
however, may be acceptable. An example of acceptable incidental use would be
weekend use by shoppers of a parking area normally restricted for transit users
during the week.
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving Amendment Three to the Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for the milling and resurfacing improvements along Indian Creek
Drive (SR AIA) between 26 and 41 Streets.
Key Intended Outcome Supported:
Improve or maintain traffic flow.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, 18.6% of respondents said less traffic congestion is one of the two or three things that would
made Miami Beach a better place to live, work, play or visit.
Issue:
Shall the City Commission approve the amendment three to the contract term extension of the project with
FDOT?
Item SummarylRecommendation:
Indian Creek Drive (SR AIA) is a Federal classified Principal Urban Arterial which falls under the
jurisdiction of FDOT. This JPA is a collaborative effort between the City of Miami Beach and the FDOT that
include three components: upgrading the water supply system along SR AIA in order to maintain adequate
pressures and flows, upgrading the sanitary sewer system to meet the level of service requirements as
dictated in the City's Comprehensive Plan, and constructing roadway enhancements within the adjacent
Oceanfront Neighborhood.
The City has agreed to complete the milling and resurfacing work, and FDOT has agreed to incur the
costs. Once the project is completed, FDOT will own and maintain the above ground improvements, while
the City will own and maintain the water and sanitary sewer improvements.
The project completion has been delayed due to the unforeseen need to abandon an existing water main
and transfer its services and fire lines to the new water main. The contractor is currently making these
connections, which must be completed before milling and resurfacing can occur.
Presently, the JPA expires on January 31, 201 1 with a requirement to submit the final invoice by July 29,
201 1. Amendment Three would extend the Contract Term to June 30, 201 I, this extension will provide
the City with an additional five months to complete the construction process and extend final invoice
submittal to October 28,201 1, and will provide adequate time to submit close-out documentation to FDOT.
I THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
NIA
Financial Information:
Source of Amount Account
Funds: 1 I
OBPl Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
( Fernando Vazquez, City Engineer, ext.6399
AMIBEACH 225
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. THREE TO THE JOINT
PARTICIPATION AGREEMENT BY AND BETWEEN THE ClTY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION, DATED OCTOBER 31,
2007, FOR THE MILLING AND RESURFACING IMPROVEMENTS ALONG
INDIAN CREEK DRIVE (SR AIA) BETWEEN 26 AND 41 STREETS, TO
EXTEND THE CONTRACT FOR AN ADDITIONAL FIVE MONTHS,
THROUGH AND INCLUDING JUNE 30,2011 AND TO EXTEND THE FINAL
INVOICE SUBMITTAL DATE TO OCTOBER 28,2011.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Indian Creek Drive (SR AIA) is a Federal classified Principal Urban Arterial which falls under
the jurisdiction of Florida Department of Transportation (FDOT). FDOT had a project to
rehabilitate the roadway. At the same time, the City needed to upgrade the water and sewer
mains beneath the roadway. The City and FDOT decided that it was mutually beneficial to enter
into a Joint Participation Agreement (JPA) so that both projects would be constructed and
completed simultaneously (Attachment A). This collaborative effort between the City and FDOT
includes three components: upgrading the water supply system along SR AIA in order to
maintain adequate pressures and flows, upgrading the sanitary sewer system to meet the level
of service requirements as dictated in the City's Comprehensive Plan and constructing roadway
enhancements pursuant to FDOT's milling and resurfacing plans. Once the project is
completed, FDOT will own and maintain the above ground improvements while the City will own
and maintain the water and sanitary sewer improvements.
On February 3, 2010, the City approved Amendment No. 1 and Amendment No. 2 to the JPA
for the application of a high friction surface treatment to the curve at Indian Creek Dr / 26 Street
and to extend the contract term to January 31, 201 1, with submittal of the final invoice by July
29, 201 1, through Resolution No. 2010-2731 9.
The project completion has been delayed due to unforeseen need to abandon an existing water
main and transfer its services and fire lines to the new water main. The contractor is currently
making these connections, which must be completed before milling and resurfacing can occur.
Indian Creek JPA Amendment No. 3 - Six Month Extension
January 19,2011
Page 2 of 2
Presently, the JPA expires on January 31, 201 1 with a requirement to submit the final invoice by
July 29, 201 1. Amendment Three would extend the Contract Term to June 30, 201 1, this
extension will provide the City with an additional five months to complete the construction
process and extend final invoice submittal to October 28, 201 1, and will provide adequate time
to submit close-out documentation to FDOT (Attachment B).
The City alleges that the contractor has damaged the existing watermain located within the
Indian Creek right-of-way and that the damage requires the relocation of fire lines and services
to the new main and the abandonment of the existing watermain. The contractor has contested
this claim. As a result, the City and the contractor mediated the issue on August 10, 2010
wherein the contractor agreed to perform the work under dispute and both parties waived rights
to future delay claims (Attachment C).
Discussions with the contractor have yielded a new construction completion date of May 29,
201 1. Consequently, the City has requested an additional month, June 30, 201 1, from FDOT to
account for any delays.
Except as hereby modified, amended, or changed, all of the terms and conditions of said
original agreement and any amendments thereto will remain in full force and effect.
CONCLUSION
The Administration recommends that the City Commission adopt this resolution providing for
Amendment Three to extend the contract term to June 30, 201 1.
Attachments:
A. Joint Participation Agreement
B. Amendment Three to Joint Participation Agreement
C. Settlement Agreement
T:\AGENDA\2011\1-19-1 l\lndian Creek JPA amendment #3 memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. THREE TO THE JOINT
PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION, DATED OCTOBER 31,
2007, FOR THE MILLING AND RESURFACING IMPROVEMENTS ALONG
INDIAN CREEK DRIVE (SR AIA) BETWEEN 26 AND 41 STREETS, TO
EXTEND THE CONTRACT FOR AN ADDITIONAL FIVE MONTHS
THROUGH AND INCLUDING JUNE 30,2011 AND TO EXTEND THE FINAL
INVOICE SUBMITTAL DATE TO OCTOBER 28,201 1.
WHEREAS, lndian Creek Drive (SR AIA) is a Federal classified Principal Urban Arterial
which falls under the jurisdiction of the Florida Department of Transportation (FDOT); and
WHEREAS, the City needs to construct water and sewer improvements on lndian Creek
Drive; and
WHEREAS, FDOT needs to rehabilitate the pavement on lndian Creek Drive; and
WHEREAS, the City and FDOT negotiated a Joint Participation Agreement (JPA) in
order to construct these improvements simultaneously; and
WHEREAS, the City agreed to manage the construction of the project and FDOT agreed
to contribute $1,501,000 for project costs; and
WHEREAS, on October 17, 2007, the City Commission adopted Resolution No 2007-
26694, which authorized the JPA; and
WHEREAS, the City has required the contractor to perform additional work to complete
the project; and
WHEREAS, the attached Amendment No. 3 to the JPA extends the contract term
through and including June 30, 201 1 and the final invoice submittal date to October 28, 201 1.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and City Clerk to execute the attached Amendment No. Three to the
Joint Participation Agreement by and between the City and the Florida Department of
Transportation, dated October 31, 2007, for the Milling and Resurfacing Improvements along
lndian Creek Drive (SR AIA) between 26 and 41 Streets, which extends the contract for an
additional five months through and including June 30, 2011 and extends the final invoice
submittal date to October 28, 201 1.
PASSED AND ADOPTED this 19th day of January, 201 1.
ATTEST:
Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor
APPROVED AS TO
T:\AGENDA\2011\1-19-1 l\lndian Creek JPA amendment #3 Reso.doc
228
--r
1 '. 9 '
Attachment A 3007- sf
t 6 37/= - ,47107 t. Contract Number: J-OY#~
CSFA Number: 55.023
JOINT PARTICIPATION AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OH TRANSPORTATION
AND
THE CITY OF MIAMI BEACH
: * r THIS AGREEMENT is made and entered into this 3 / day of P &&r 9
20- between the State of Florida Department of Transportation, a component agency of the
L
i State of Florida, hereinafter referred to as the 'DEPARTMENT', and the City of Miami Beach, a
municipal corporation of the State of Florida, hereinafter referred to as the 'CITY'.
RECITALS:
I : WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road
(SR) AIA corridor (Indian Creek Drive) in the City of Miami Beach; and
I
i WHEREAS, the DEPARTMENT has drafted design plans for the construction of
e roadway improvements on SR AIA southbound fiom 41' Street to 26m Stnet, hereinafter
referred to as the 'PROJECT', the individual elements of which are outlined in the attached
Exhibit "A", 'Scope of Services', which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Numbers 414641-1-58-01 and 414641-1 -68-01, and has agreed to reimburse
the CITY for eligible PROJECT costs up to a maximum limiting amount; as outlined in the
attached Exhibit 'B", 'Financial Summary', which is herein incorporated by reference; and
WHEREAS, the CITY has agreed to supervise and inspect all aspects of PROJECT
construction and administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.OS(e) and 339.1 2, Florida Statutes;
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Page 1 of 13
Joint Participation Agreement behsecn the Florida Department of Dansportation and the CIry of MIatni Beach,
Financial Project Numbers # 41464-1-58-01, and 414641-1-68-01
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if hlly set forth herein.
2. GENERAL REQUIREMENTS
a. The CITY shall submit this Agreement to its City Commission for ratification
or approval by resolution. A copy of said resolution is attached hereto as
Exhibit "C", 'Resolution', and is herein incorporated by reference.
b. The CITY shall obtain all necessary permits fiom the DEPARTMENT, and
other concerned agencies, as needed, prior to commencing PROJECT
construction on DEPARTMENT right-of-way.
c. The CITY shall advertise for bid, let the consultant and construction contracts,
administer, supervise and inspect all aspects of PROJECT construction until
completion, and, as finther defined in Exhibit "A", 'Scope of Services'. The
CITY shall complete the PROJECT on or before June 30,2010. All aspects of
PROJECT construction and administration are subject to DEPARTMENT
standards and specifications and must be in compliance with all governing
laws and ordinances.
d. The CITY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT hds, including consulting or
construction contracts or amendments thereto, with any third party with
respect to the PROJECT without the prior written approval of the
DEPARTMENT. The DEPARTMENT specifically reserves the right to
review qualifications of any consultant or contractor and to approve of
disapprove CITY employment of same.
e. The DEPARTMENT shall reimburse the CITY for eligible PROJECT costs as
defined in Exhibit "B", 'Financial Summary', and in accordance with the
financial provisions in Section 3 of this Agreement.
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed ONE MILLION FIVE HUNDRED
ONE THOUSAND DOLLARS ($1,501,000.00), as outlined in Exhibit "B",
'Financial Summary'. If additional fbding is required, contingent upon
DEPARTMENT approval, a supplemental agreement between the
DEPARTMENT and the CITY authorizing the additional funding shall be
executed prior to such costs being incurred.
Page 2 of 13
Joint ParticCation Agreement between ihe Florida Departmen f of IL~sportation and the CYty of Miami Bmh,
Financial Project Numbers #414Ml-1-58-01, and 411641-1-68-01
b. The DEPARTMENT agrees to pay the CITY for the herein described services
at a compensation as detailed in this Agreement.
c. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Department's Comptroller
under Section 334.044(29), Florida Statutes, or by the Department of
Financial Services under Section 2 15.422(14), Florida Statutes.
d. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
e. Travel costs will not be reimbursed.
f. Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all
times during the period of this Agreement and for five years after final
payment is made. Copies of these documents and records shall be furnished to
the DEPARTMENT upon request. Records of costs incurred include the
CITY'S general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors
performing work on the project, and all other records of the contractor and
subcontractors considered necessary by the DEPARTMENT for a proper audit
of costs.
g. In the event this contract is for services in excess of $25,000.00 and a term for
a period of more than 1 year, the provisions of Section 339.135(6)(a), Florida
Statutes, are hereby incorporated:
The DEPARTMENT, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement fiom the
Comptroller of the DEPARTMENT that such funds are available prior to
entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than 1 year.
h. The DEPARTMENT'S obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
Page 3 of 13
Jolnt Partiajmtion Agreement between the Florida Department of Tkansportation and the CYiy of Miami Beach,
Nnanclnl Pmject Numbers # 114641-1-58-01, and 434641-3-68-01
4. INDEMNIFICATION
To the extent permitted by Section 768.28, Florida Statutes, the parties agree to
indemnify each other for liability due to any act or omission, neglect or
wrongdoing of a party or any of its officers, agents or employees. Further, the
parties agree to defead each other against any and all such claims or demands
which may be claimed and have arisen as a result of or in connection with the
parties' participation in this Agreement. Nothing contained herein shall be
construed to contradict the provisions of Section 768.28, Florida Statutes, nor
shall this Section be construed to require either party to indemnify the other for
the negligent acts of the other.
5. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
6. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the CITY expressed in writing, executed and delivered by each party.
7. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, .if such remainder
continues to conform to the terms and requirements of applicable law.
8. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and
hand-delivered or sent by either registered or certified U.S. mail, return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
1000 Northwest 11 1 Avenue, Room 6137
Miami, Florida 3 3 172-5800
Attn: Kenneth Robertson, JPA Coordinator
Ph: (305) 470-5452; Fax: (305) 470-5552
Page 4 of 13
Joint Participation Agrsement between the Floridn Department of ~(~19portaIion and the Ci3, of Miami Beach,
Finondalhject Numbers # 414641-1-58-01, and 414641-1-6841
To CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33 1 39
Am: Femanda Vazquez, City Engineer
Ph: (305) 673-7080; Fax: (305) 673-7028
b. Either party. may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be
deemed given when placed in the mail.
9. EXPIRATION OF AGREEMENT
The CITY agrees to complete the PROJECT on or before June 30,2010. If the
CITY does not complete the PROJECT within this time period, this Agreement
will expire unless an extension of the time period is requested by the CITY and
granted in writing by the DEPARTMENT'S District Six Secretary or Designee.
Expiration of this Agreement will be considered termination of the PROJECT,
10. FINAL INVOICE
The CITY must submit the final invoice on this PROJECT to the DEPARTMENT
within 120 days after the expiration of this Agreement. Invoices submitted aRer
October 28,2010, will not be paid.
1 1. AUDITS
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
"D", 'Audit Reports', are incorporated herein by reference.
12. ENTIRE AGREEMENT
This Joint Participation Agreement is the entire Agreement between the parties
hereto, and it may be modified or amended only by mutual consent of the parties
in writing.
-- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK --
Page 5 of 13
Joint Partic@otion 4reement between the Florido Deportment of lhwportation and the Ci@ of Miami Beach,
Fimial ProJect Numbers # 414611-1-58-01, and 414641-1-68-01
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
Y4kL- BY:
C;~ISTRICT SECRETARY
ATTEST: ATTEST:
(SEAL) c~I'Y CLERK (SEAL)
ROBERT PARCHER
LEGAL REVIEW:
CITY ATTO*
APORdVEb Asm
FORM & LANGIUAGe
Page 6 of 13
Joint Participation Agreement -en the Florida Department of o an sport at ion and the City ofMiami Beach,
Financial Project Numbem #414641-1-58-01, and 414641-1-68-01
EXHIBIT &A"
SCOPE OF SERVICES
To construct roadway improvements in accordance with and as detailed in the attached
PROJECT plans along the SR AlA southbound corridor within the below-identified PROJECT
Limits. The DEPARTMENT will provide the CITY with the signed and sealed constmction
plans. The CITY will let, supervise and inspect all aspects of PROJECT construction and
administration.
PROJECT Limits: SR A1 AfIndian Creek Drive, southbound, &om 41'' Street to 26~ Street
EIDOT Financial Project Numbers: 414641-1-58-01 and 414641-1-68-01
County: Miami-Dade
FDOT Project Manager: Ana Arvelo, P.E.
CITY Project Manager: Fernando Vazquez, P.E.
PLANS AND SPECIFICATIONS
\
The CITY agrees to construct the PROJECT using a competitively-bid contractor in accordance
with the signed and sealed plans and specifications, attached hereto and incorporated herein by
reference.
Please see attached plans prepared by: . Corradino Grou~
Dated:
Joint
EXHIBIT "Bn
FINANCIAL SUMMARY
Estimated PROJECT costs for reimbursement are below-listed, separated by phase of work:
Financial Project Number 4 1464 1- 1-58-01
PROJECT Construction:
Financial Project Number 41 464 1- 1-68-01
PROJECT Construction Engineering and Inspection (CEI) services: + $136,000.00
Total PROJECT Cost Estimate: $1,501,000.00
Page 8 of 13
Joint Participation Agreement between the FIorido Department of ans sport at ion and the Cily ofMiami Beach,
Financial Pmjecf Numbers # 414641-1-58-01, and 414641-1-68-01
EXHIBIT V''
RESOLUTION
To be herein incorporated once approved by the CITY Commission.
Page 9 of 13
Joint Partic@ation Agreement between the Florida Department of Transportation and the City of Miami Beach,
Financial Project Numbers # 414641-1-58-01, and 414641-168-01
EXHIBIT "Dn
AUDIT REPORTS
The administration of resources awarded by the Department to the CITY OF MIAMI BEACH may be subject to audits
and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of
the Governor website, which can be found at: www.fssastate.fl.us .
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staK limited scope audits as defined by OM33 Circular A-133, as revised, andlor other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedmdprocesses deemed appropriate by the Department. I~I the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by
the Department staff to the CITY OF MIAMI BEACH regarding such audit. The CITY OF MUMI BEACH Mer
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: PEDERALLY FUNDED
Recipients of federal funds (i.e. state, local govenunent, or non-profit organizations as defined in OMB Circular A-
133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 3 1,2003)
or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this
agreement indicates Federal resources awarded through the Department by this agreement. In determining
the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An
audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-
133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph l., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OW Circular A-133, as revised.
3. If the recipient expends less than $300,000 ($500,000 for f~cal years ending after December 31, 2003) in
Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal
years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be
paid hm non-Federal resources (i.e., the cost of such an audit must be paid hm recipient resources obtained
from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding federal agency.
Page 10 of 13
Joint Partidpution Agreement betweern tlre Flodda Department of 3).ansportation and the Ciw ofMamf Beach,
Financial Project Numbers # 414641-1-58-01, and 414641-1-68-01
PART 11: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits
done annually using the following criteria:
In the event that the recipient expends a total amount of state hcial assistance equal to or in excess of
$300,000 ($500,000 for fiscal years ending on September 30,2004, and thereafter) in any f~cal year of such
recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the CFO; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizatio1~), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the
Department by this agreement. In determining the state hcial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department, other state agencies, and other nonstate entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection witb the audit requirements addressed in Part IT, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal
years ending on September 30,2004, and thereafter), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
($500,000) in state financial assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate
entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other
than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
PART 111: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule
of prior year audit findings, including corrective action and current status of the audit findings is required.
Current year audit findings require corrective action and status of findings.
Records related to unresolved audit fdis, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the
Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of
any other state official.
Page 11 of 13
Joint Participation Agreement behueen the Florida mmmt of bansportation and the Ci@ of Miam' Beach,
Financial Prqjecl Numbers # 414641-1-58-01, and 414641-1-68-01
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 1 1 1 Avenue
Miami, Florida 33 172
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10' Street
Jeffersonville, IN 47 132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall
submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards duectlv to each of the following:
Florida Department of Transportation
1000 Northwest 1 11 Avenue
Miami, Florida 33 172
In addition, pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 11 1 Avenue
Miami, Florida 33 172
3. Copies of financial reporting packages required by PART Il of this agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 1 1 1 Avenue
Miami, Florida 33 172
B. The Auditor General's Offce at the following address:
Page 12 of 13
Joint Participation Agreement behveen fhe Florida Department of Transportation and the City of Miami Beach,
Financial Project Numben #414641-1-58-01, and 414641-1-68-01
Auditor General's Office
Room 401, Pepper Building
11 1 West Madison Street
Tallahassee, Florida 32399- 1450
4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient to:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 1 1 1 Avenue
Miami, Florida 33 172
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to
this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered
to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at least five years fiom the date the audit report is issued, and shall allow the Department, or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that
the independent audit working papers are made available to the Depent, or its designee, the state CFO, or
Auditor General upon request for a period of at least five years fiom the date the audit report is issued, unless
extended in writing by the Department.
Page 13 of 13
Joint Parharhdpation Agreement between the Florida Department of Transportation and the ffw of Miami Beach.
Financial Project Numbers #414641-1-58-01. and 414641-1-68-01
CHARLIE CWST
GOVERNOR
Florida Department of Transportation
District Contracts and Procurement
1000 Northwest 11 1" Avenue, Room 6203
Miami, FL 33172
STEPHANIE C. KOPELOUSOS
SECRETARY
Where a request for service is an opportun@ to sene you1
November 6,2007
Mr. Fernando Vazquez
City of Miami Beach, Transportation Division
1700 Convention Center Drive
Miami Beach, Florida 331 39
Re: Project # 4146414-58-01 : SR A1A Roadway Improvements; JPA Execution Notice
Dear Mr. Vazquez:
Enclosed for the City of Miami Beach's (City's) records is one (1) original Joint Participation Agreement (JPA) for
the referenced project. This JPA was executed by the Florida Deparhnent of Transportation (Department) on
Wednesday, October 31,2007. Another original JPA was mailed by separate cover to the City's Clerk's Office,
Attn: Ms. Kerry Hernandez.
Thank you on behalf of the Department for your assistance in expediting the execution of this JPA. If you have
any questions or concerns, please feel free to contact me at (305) 470-5404.
Sincerely,
Kenneth Robertson
District Contracts and Procurement Manager
end: One (1) original executed JPA Agreement
cc: Ana Antelo, P.E., FDOT Project Manager; File
www.dot.state.fl.us
Attachment B
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
1000 NW 1 1 1 Avenue \
Miami, FL 33 1 72
STEPHANIE C. KOPELOUSOS
SECRETARY
AMENDMENT TO JOINT PARTICIPATION AGREEMENT
Extension to Contract Term
Amendment No. 3
Project Description:
26th Street
Participant: Citv of Miami Beach
Contract No.: AOY48 Project Nos.: 414641-1-58-01 & 414641-1-68-01
Contract Execution Date: October 3 1.2007 Current Contract Term:
Amendment Date: - day of ,20-
The term of the original agreement, referenced above, is hereby amended as follows:
Section 2(a) and 9 of the Agreement are amended to extend the contract term to June 30,2011.
Section 10 of the Agreement is amended to extend the final invoice submittal date to October 28.2011.
The CITY Commission has adopted Resolution No. on I 20, to approve the
extension to contract term.
Except as hereby modified, amended, or changed, all of the terms and conditions of said oilginal
agreement and any amendments thereto will remain In full force and effect.
STATE OF FLORIDA
CITY OF MIAMI BEACH DEPARTMENT OF TRANSPORTATION
Name of Participant
BY: BY:
Authorized Signature Authorized Signature >.
Gus Pego
(Print / Type) (Print / Type)
I
Title: Title: District Secretary
cc: Ana Awelo; Financial Services; File
SETTLEMENT AGlU%MENT AlVD LIMITED RELEASE '
This Settlement Agreement and Limited Release ("Agreement") is made and entered into
the 19th day ofAugust 2010; by &d between HORIZON CONTRACTORS, INC., a Florida
corporation (hereinafter. "Horizona'), md the CITY OF MWMI BEACH, RLORIDA, a ,
mynicipal corporation (hereinafter, the "City"). Horizon and city may also be refmad to
individually as a "Party,' and collective1y as the "Parties." ' . . . .
. . . . . .
WHEREAS Horizon and .tde City. me parties .to a constrwtion conkact, .dated May '
28.2 2009 (the '6C6ntra~C'), for ~~nstruction Servi~es for Water Mains, Sanitary Sewer Mains i
and Milling and Resurfacing Improvements Along Indian Creek Drive Between 26% and 4znd
.. . -Streets,. Miami Beach, Florida, 'entered into pursuant to Invitation to 3id No. 28-07/08
(hereinahex, the'Tzoj-ect"); . ,
WEREAS, the Parties have asserted Jabis .against each other as it rates to issues
sffecting the timeI'iess of construction of the Project;
WEEREAS, tke City requires that additional con&uction services be performed for a
fully hcfioial Rdject, but the Parties disagree as to who should bear the ultimate fiani=id .
'responsibility for such costs;
. .
- - WHEREAS;& Parties desire to sbttls-a~..c1aims and disputes, past, or htme .
xelating to delays in the construction of $he Project, as more Eully set fofi her& regardless of
responsibility, for such delays;
...
WHEREAS, 4he.Parties desire to preserve dl other pending dairns (if any) against each
other, as more fully set forth herein; and ' . .
NOW THEREFORE, in consideration for the exchange of promises contained herein,
the paties agree as follows.
. . .. . . .
1. Recitals. The above recitals are true and co~~ect'and are incorporated herein.
2. The City has directed Horizon ti, perfom additional construction services by
transferring services from an existing six-inch (6") diameter water main to a new twelve-inch
(1.2") diameter water ma& (the ''Additional Work").
. .
3. The Parties agree that the issue as to the Party financially ~spo~sible for the
Additional work remains uniesolved &d it issue. .
. .
4, ' ~onethdless,' the parties ' agree that ~orizon'will perform the Additional work
. .
requested by the City and will seek re;imbursemen~ fioh tho City throug1.1 mediation and, if
necessary, litigation as required by the.Contract. The City .disagrees .that it is responsible for the
need for or cost of.the.Additional Work., .
5.: ' Nonetheless, the Partiis .agree that the City 'is of the opinion that .. the loss . of use . . of
its existing six-indh (6'3 diameter water main h& a monetary vahe and will seek reimbursement
fiom Horizon through mediation and, if necessary, litigation as required by the Contract.
Horizon disagrees that it is responsible for the loss of use of .the existing six-inch (6") diameter
water pain.
6. . Nonetheless, the :parties agrde 'that, despite Horizon's. perfomance of the
Additional Work, :the responsibility for the casts related to the Additional Work and for the costs
reliked to the adequacy and integrity of the &xisting six-inch (6*) diameter water main, holuding
the alleged loss of use, will be the subject. of mediatian and, if necessary, litigation, as required
. . , .. ...
by the Contract. .
7.. Release of Delav Damages - Horizon to the City. Horizon releases, acquits arrd
forever discharges the City, including its affiliates and insurers, directors, officers, employees,
agents and rnoriteys, together with its heirs, executors, administrators, associates,
. . .. .
re$esentativesY successors and assigns, from &y and all past, and future claixgs,
' .demands, obligations, damages, costs, expenses, actions and causes of actions, and whether for
compensatory, punitive damages, or other damages arising km or relating to delay dai-nages,
whetbar presently known or unlcnown, in cobneetion with the Project..
8. Release of Delay Dmarzes - thi.Citv to HO-n. The City releases, acquits arid
fmever discharges Horizon, induding $s .. affiliates . and insurers, directors, officers, employees, . .
. .
. agents, suboontraaors, sureties, and ,&ttorneyg, together with 3s heirs, execntors, adminisbah,
I 1 .. - I '. .. I
associates, representativss, successorsand assigns, &om any and all past, present and future
cliims, d&ds, obligations, damages, costs, expAes, actions and causes . . of actionsy and whether
for compensatory, @unitive damages, br other damages arising &om-or relating to delay' damages, I i
including but not limited to liquidated damages, wbether presently known or unknown, in
. .
connection with the Proj eot. .
. . 9. - The -City will not withhold payment or the release of retainage from Horizon for .
any $sues kiiated to the integrity, abandonment m loss of use of thesix-inch (6") diameter lvater
main. . .
10. pending-ch*ge oiders are not waived by this Agreement> but-the 'issuei.re1ate.d to
. .
. -tin~e contaiued within those pendilzg change orders are rendered moot by the tams of this
Agreement. Nonetheless, the Parties agree to confirwe in their efforts to . resolve . pending change
orders and, to the extent a resolution .ckmot be reached, such.~chartge orders will @so be the
subject .of mediation-and, snecessary,.Iitiga~on, as-required by the Contract,
11. Norizon'agrees to modify its letter dated Monday, August 2, 2010 to Amtelio . '
. Cannenates by removing all references to the City Engineer, replacing with the term "City" in
the revised letter. Said revised letter will 6e sent to the City within five (5) days of the execution
. .
of this Agreement.
12. . It is understood and .agreed &at execution of fhis Agreemwt is not an &press or
. implied admission of negligence, miscoidncf responsibility or liability on the part of the City
or Horizon, and that the City and Hqrhon expressly and qe6if1cally deny all such claims.
. . . . I
Such consideration is being given to reduce the expense; wertainties and hazards of I
litigation, mitigatedamages to each of the Pariies and ensure a &eiy and orderly completion of, - I
the Project.
13. - The parties agree to cooperate fulIy &d execute any and all suP&ementarY ..,I
doome~ts and to take all additional Eictions which may be reasonably necessary or appropriate ., .
I
?
. to give full force and effect tb the basis and &tent crf :this Agreement. . I I 1
14. This Agreement contains, the entire agreement b&eeh the Parties on the 1
issues addressed hbrein. This Agreement replaces any prior or contemporaneous ;
written or .oral representation -or understanding about fhe terms of..this Agreement. This 1
AgreernenVrnay, not be ch;mged -except in'wikg signed by the ~arties or their respective.
. - .I !
attorneys.' This Agreement ,shall be %&ding' on and shall .b~e to the benefit- of the respective
.
.. . . -. . .. . . - . - - -successors and assigns, if any, of :each party. -.
15. The Parties agree and acknowledge that tbid Agreement is solely hited to settle I
i I
any and all claims or disputes relating to delays on the F&jecf whether lmown or I I
&own. Notwithstanding -anything covered in this A.greemei~t, neither party waives any of its y . . ' -1
.rights to allege any default;.dispute, or claim against the other-under the Contract. I
16. This Agreement is being conswted 'in the State of Florida, and the
i
.i
performmce by the Parties hereto is in the State of Florida. This Agreement shall be governed .I
. . ., . . . . . .
j
4
i
..
I
I !
I
, ,
I
by and construed in accordance with the laws of the State of Florida. ~hevenm for ,my legal
i
I I
I
pocecding bf any nature brought by,eithq party against the other to enforce any right or obligation . .
i
1
under this Agreement, or arising out of any matter pertainkg to this Ageernent, shall be in i
I
Miami-Dade County, f ldsida. .
. . . .
17. The ParCiv warrant to each other that they have read this Agreement and that
. . . .
they understand that this Agreement and that each have been represented by counsel before signing
this Agreement.
. .
WWDER OF PAGE LEFT BITENTIONALLY . BLMj ..
. .
IN WITNE23S WFEREOF, the 'Parties have set their hands and seals on the dsy
and date &st written above, . .
HORIZON CONTRACTORS, INC,
Priat Name
STATE OF FLORIDA
COUNTY -OF MIAMI-DADE
. .
The fotegoing instrument was aclrnowledg before me this
I WA-A ,2010,by fi.Smcbs of.Horizon
Contractors, Itzc., who is personally known to me or who has produced -. -- dj,J . H- .(type of identification)
Name:
Notary Public - State of Florida
Attest: ClTY OF MIAMI BEACTX, .
FLORIDA.
&k!& : I
. ! I
City Clerk
be&= rprec+tane
Print lyme
. .
Notary Public - S'tate of Flo
My Comhission Expires:
. .
. .
I do hereby ced& that the above
. and f&going is a true and icanect
copy of the &ginat thebeof ,&,2:
on in officar, .+#m.:= -
. .. .. . . .. . . .
COMMISSION ITEM SUMMARY
Condensed Title: I A Resolution Approving and Adopting the Miami Beach Sustainability Plan. I
Key Intended Outcome Supported:
Enhance the environmental sustainability of the community.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, 86% of respondents of the environmental scan reported Miami Beach as an Excellent/Good place I to live.
Issue:
I Shall the City Commission approve and adopt the City of Miami Beach Sustainability Plan? I
Item SummarylRecommendation:
The objective of the Sustainability Plan is to assist the City in enhancing environmental sustainabilityand to
also guide the Sustainability Committee in its mission. The purpose of the Plan is to improve our
resources, prevent harm to the natural environment, protect human health, and benefit the social,
economic, and environmental well-being of the community for present and future generations. The
Sustainability Plan has also been developed as the work plan for the Energy Economic Zone Program and
identifies opportunities for economic development that maximize the potential for economic benefit to the
community.
The Sustainability Plan serves to capture both existing initiatives and provide a platform for the introduction
and approval of new green initiatives that are in line with the City's Strategic Plan Guiding Principles. The
Plan will facilitate understanding and accelerate progress of the City's green efforts by melding existing
and future environmental policies under a common framework that is linked to the Strategic Plan.
Staff presented the concept of a Sustainability Plan to the Sustainability Committee in July 2009. A draft
plan was developed through researching other municipalities' efforts and obtaining feedback from the
Sustainability Committee, various City Departments, local universities, the Miami-Dade County Office of
Sustainability, Florida Department of Community Affairs and community organizations such as the Miami
Beach Community Development Corporation.
It is the intent of the Plan to look for efficiencies and identify areas where the City could be saving costs
associated with resource use. The adoption and implementation of the Plan will provide both short-term
and long-term benefits to government operations and the community.
I THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
This item was recommended for approval by the Neighborhoods/Community Affairs Committee at the
November 12, 2009 meeting, by the Sustainability Committee at the May 25,2010 meeting, and by
the Finance Committee at the December 16, 2010 meeting.
Financial Information:
I i
Source of
Funds:
City Clerk's Office ~egislatiyk~ry6king: I Fernando Vazquez, ext 63996 ,&
Y
OBPl
%iEab~wy Plan Surnrnary.doc V"U
AM1 BEACH 251
Financial Impact Summary:
I I
AGENDA IT EM C7p/
DATE
Account
1
2
3
4
Total
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE MIAMI
BEACH SUSTAINABILITY PLAN.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
A sustainability plan is intended to provide a straightforward and flexible process to create a
long-term plan that brings together environmental, economic, and social initiatives under one
holistic vision. The objectives of the City of Miami Beach's Sustainability Plan are to assist the
City in realizing the Key Intended Outcome (KIO) of enhancing environmental sustainability of
the community and guide the Sustainability Committee in its mission. The Plan will provide
structure and focus to existing and future green policies and initiatives in order to successfully
enhance the three basic components of sustainability; environment, society, and economy. The
purpose of the Plan is to improve our resources, prevent harm to the natural environment,
protect human health, and benefit the social, economic, and environmental well-being of the
community for present and future generations.
In addition, the Sustainability Plan also functions as the work plan for the City's participation in
the Energy Economic Zone (EEZ) Pilot Program, which is an economic development program
administered by the Florida Department of Community Affairs. The Plan identifies opportunities
for economic development and redevelopment that maximize the potential for economic benefit
to the community. As one of two selected participants in the EEZ Pilot Program, the City seeks
to become an urban community model for the establishment and maintenance of long-term
economic and quality of life needs.
Staff presented the concept of a sustainability plan to the Sustainability Committee in July 2009,
which included suggested program areas and example goals and objectives. Staff then
conducted additional research into sustainability planning at the local, state, national and
international levels to gain insight into the development process. A draft plan was developed
based on this research and was presented to the Committee in September 2009. In the following
months, Staff elicited feedback from other City departments, local universities, the Miami-Dade
County Office of Sustainability, Florida Department of Community Affairs, advisory committees
and community organizations such as the Miami Beach Community Development Corporation.
On the November 12, 2009, Neighborhoods and Community Affairs Committee meeting the
Committee unanimously moved to accept the plan. Throughout the planning process, the
Sustainability Committee provided feedback regarding the Plan's Guiding Principles, Program
Areas, Goals, Indicators and Targets. On May 25th, 2010, the Committee passed a resolution to
present the Plan to the City Commission for adoption and to further develop the plan based on its
Commission Memorandum- Miami Beach Sustainability Plan
January 19,2011
Page 2 of 5
comments. On December 16'~, 2010, the Finance and Citywide Projects Committee (FCWPC)
moved the Sustainability Plan to Commission for approval and adoption.
The Plan focuses the City's sustainability goals and initiatives in ten (10) specific Program Areas,
which were developed through research and analysis of comparable communities across the
country:
Green Building & Housing
Solid Waste Management
Water Conservation & Quality
Energy Conservation
Alternative Transportation
Natural Resources & Ecosystem
Management
Community Outreach &
Participation
Green Procurement
Economic Development &
Planning
Air Quality & Climate Change
Green Building & Housing
Buildings consume a large portion of water, wood, energy, and other natural resources. Green
buildings are designed to reduce environmental impacts on land, water, energy and material
resources, while creating healthy indoor environments. By encouraging green building and
housing practices in Miami Beach, the City will help preserve our natural resources by reducing
construction impacts to the environment and reducing greenhouse gases emitted through
energy/water/materiaI resource extraction, transportation, and disposal.
Solid Waste Manaqement
Nearly everything we produce, use or consume leaves behind some kind of waste. The
treatment and disposal of waste can be a source of water, land, and air pollution. By managing
solid waste and conserving resources through reduction, reuse, and recycling, the City will help
minimize impacts to the quality and safety of the local environment, reduce costs of waste
disposal and pollution mitigation, and decrease the carbon foot print associated with the
production, use and disposal of materials.
Water Conservation & Quality
Miami-Dade County's main source of drinking water is the Biscayne aquifer, which is a finite
source that must be protected and managed sustainably in order to meet the County's needs
over the long-term. By reducing our consumption of water, we contribute to the preservation of
groundwater as our sole-source of drinking water and potentially off-set the costs of developing
infrastructure for new drinking water sources in the future. In addition, by protecting the quality
of our water bodies, we help preserve aquatic habitat and support water-related recreational
activities that depend on a clean, safe ocean and bay.
Energv Conservation
The energy sources upon which we largely depend - nuclear, coal, natural gas and oil - impact
the social, economic, and environmental facets of our communities. Air pollution and
greenhouse gases, primarily from transportation and fossil fuel power plants, are linked to
respiratory diseases and contribute to climate change. By reducing energy consumption and
increasing energy efficiency at the municipal, commercial and residential levels, the City can
increase economic performance, decrease dependence on non-renewable resources, and
reduce greenhouse gas emissions.
Alternative Transportation
Most of our modern means of transportation are powered by fossil fuels, which contribute to
local air pollution and greenhouse gas production. A safe, multi-modal transportation system
that reduces reliance on motorized vehicles serves to increase mobility and economic
Commission Memorandum- Miami Beach Sustainability Plan
January 19,201 1
Page 3 of 5
accessibility throughout the community. The improvement of the City's alternative transportation
network also reduces the production of greenhouse gas emissions and supports healthy modes
of transport such as walking and bicycling.
Natural Resources & Ecosvstem Manaqement
The City of Miami Beach boasts great natural capital, such as waterways, coastal dunes, natural
mangrove shorelines, 26 parks and green spaces, and just over 7 miles of white, sandy
beaches. The City is also the nesting habitat for endangered sea turtles, butterflies, and several
plant species including the Biscayne Prickly Ash, Beach Cluster Vine and the Beach Star. The
protection and enhancement of our natural resources is closely linked to the preservation of
quality of life and the stability of our tourism-based economy.
Communitv Outreach & Participation
The success of a sustainability plan is dependent on community awareness and the support of
the Goals and Targets of each initiative. Well-developed education and outreach strategies will
promote an understanding of sustainable growth and development; foster an educated
community; and a forge connection between the community and its natural resources. Greater
environmental outreach will also heighten community stewardship and facilitate resident
participation in civic affairs.
Green Procurement
Almost everything created or purchased has a life cycle that impacts the environment from the
moment of production to the final disposal stage. By practicing and encouraging the purchasing
of environmentally-friendly or non-toxic products, the City will reduce the amount of toxic or
hazardous material introduced into neighborhoods, waterways, and landfills. In addition, the
increased use of products derived from renewable or local sources decreases pressure on finite
resources and stimulates the growth of a greener economy.
Economic Development &Planning
The resilience of a community in large part depends on a diverse economic base that is
supportive of emerging technologies. The developing green business sector and smart growth
initiatives are economic opportunities for which communities must plan in order to reap the
social, environmental and economic benefits. Also, encouraging environmental and social
stewardship within the local business sectors, including the tourism, entertainment, real estate,
and construction industries, promotes long-term stability and competitiveness of our local
economy.
Air Quality & Climate Change
We utilize use fossil fuels every day for almost every modern convenience, including electricity
and transportation. The use of fossil fuel emits greenhouse gases that contribute to climate
change, reduce air quality and affect the health of residents. Future impacts of climate change,
such as sea-level rise, may affect quality of life and property within the City as well. By reducing
greenhouse gas emissions where possible, the City can meaningfully contribute to local air
quality and the avoidance or reduction of anticipated climate change impacts.
ANALYSIS
The current Sustainability Plan was created as the first step toward developing a citywide
sustainability assessment, a process that includes the development of a baseline,
implementation of a plan, monitoring and evaluation. Similarly, the County has begun this
process with the assistance of International Council for Local Environmental Initiatives (ICLEI)
Toolkit for Local Governments. Staff is currently investigating the requirements and benefits of
joining ICLEl to determine if utilization of this organization is advantageous.
Commission Memorandum- Miami Beach Sustainability Plan
January 19,201 1
Page 4 of 5
Should the Sustainability Plan be passed by the City Commission, staff will then begin
developing a Baseline Report. The Report will provide an understanding of the City's green
initiatives, including current rates of water and energy usage. Following the development of the
Report, further refinement of Targets will be possible. Subsequently, staff will identify necessary
policies to further develop or support the Plan, such as internal education and consensus
building in order to execute initiatives successfully. Status Reports will be conducted annually to
provide information to the City Commission, City staff and community members on the progress
being made toward meeting Goals, Indicators and Targets.
It is the intent of the Plan to look for efficiencies and identify areas where the City could be
saving costs associated with resource use. In general, is anticipated that many green initiatives
will provide for more efficient use of resources and result in long-term financial savings for the
City. For example, in the areas of water and energy conservation, Ameresco's approved Energy
Conservation Measures (ECMs) will have an initial investment of $14M. This investment will be
recuperated within thirteen (13) years and then begin providing cost savings to the City in the
amount of roughly $1M a year, which will be derived from greater energy and water use
efficiencies.
Some other examples of the City's existing green initiatives include: the continued development
of the Atlantic Greenway Network, the Urban Reforestation Program, the Green Building
Ordinance and the Stormwater Master Plan (SWMP). The implementation of these initiatives is
already underway and is included in existing capital and operational budgets; therefore,
additional financial impact from the inclusion of these initiatives in the Plan is not anticipated. It
should be noted, however, that while development of the SWMP is currently funded, it will
generate capital outlays for drainage infrastructure improvements in the future and these will be
brought before the FCWPC for review.
The Sustainability Plan also provides a platform for the introduction and approval of new green
initiatives that are in line with the Plan's Guiding Principles, which include resource use
efficiency and protection. However, it is not the intent of the Plan to create unfunded or
underfunded programs or initiatives, but rather to provide a mechanism to wisely select those
initiatives that are both environmentally and economically feasible for the City. Each new
initiative that is proposed will be assessed for its potential financial impact and brought before
the FCWPC for approval, if necessary. Several new green initiatives have already evolved from
the support of the Sustainability Committee. For example, the 2009 expansion of recycling
throughout the right-of-way, public parks and beach entrances was strongly advocated by the
Committee. This particular initiative was implemented at no additional cost to the City through
negotiations with the waste haulers during the franchise agreement renewal process. Another
example of a Committee-based initiative is the draft Recycling Ordinance. In this case, the
proposed Ordinance will be brought to the FCWPC for review at its January 201 1 before being
brought to Commission for consideration.
The adoption and implementation of the Plan will provide both short-term and long-term benefits
to government operations and the community. Short-term benefits include decreased energy
and water costs, improved alternative transportation and mobility, diversion of solid waste from
the landfill, improved urban forest and local air quality, and increased environmental awareness
and stewardship throughout the community. In addition, the development of a sustainability plan
supports the need to demonstrate an overall strategic goal when applying for federal and state
grant funding of sustainable initiatives. Long-term benefits are numerous and include
understanding and reducing the City's carbon footprint; minimizing potential risks and costs from
environmental impacts, mitigation, and adaptation strategies; maintaining a high quality of life
for residents and visitors; and reinforcing the City of Miami Beach as a world-class city by
preserving its resources for the future.
Commission Memorandum- Miami Beach Sustainability Plan
January 19,201 1
Page 5 of 5
Initially, the Sustainability Plan can be supported with existing Environmental Management staff;
however, future coordination and implementation of the green initiatives as outlined in the Plan
would be best executed under the guidance and direction of a new position - Sustainability
Manager. This position would be responsible for organizing, developing and coordinating all
aspects of the Plan, including reporting and assessment aspects. The FCWPC recommended
that this request be addressed during the Fiscal Year 2012 budget process.
CONCLUSION
The Administration recommends approving the Resolution.
Attachment I: City of Miami Beach Sustainability Plan
T:\AGENDA\2011\1-19-1 l\Sustainability Plan Memo FINAL.doc
ATTACHMENT I
CITY OF MIAMI BEACH SUSTAINABILITY PLAN
(TO BE SUBMITTED UNDER SEPARATE COVER)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MlAMl BEACH, FLORIDA, APPROVING AND ADOPTING THE CITY
OF MlAMl BEACH SUSTAINABILITY PLAN.
WHEREAS, the City of Miami Beach Sustainability Plan will help the City fulfill its
key intended outcome of enhancing its environmental sustainability; and
WHEREAS, the Plan will provide structure and focus to the City's green policies and
initiatives; and
WHEREAS, the Plan will serve as a guiding document to direct the Sustainability
Committee in its mission; and
WHEREAS, the Plan will serve as a living document adaptable to changing
environmental conditions, new technologies, and legislative initiatives through the
refinement of its Indicators, Initiatives, and Targets; and
WHEREAS, the Plan concentrates on economic, environmental, and social
improvement efforts in ten (I 0) Program Areas, whose success will be measured through
the use of Goals, Indicators, and Targets; and
WHEREAS, these metrics have been developed in concert with Miami-Dade
County's sustainability goals and the City's Strategic Plan; and
WHEREAS, on May 25, 2010, the Sustainability Committee passed a resolution
approving the Plan; and
WHEREAS, on December 16,2010, the Finance and Citywide Projects Committee
recommended the Plan move to City Commission for approval and adoption.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the Miami Beach Sustainability Plan.
PASSED and ADOPTED this 1 gth day of January, 201 1.
ATTEST:
MAYOR
CITY CLERK
T:\AGENDA\2011\1-19-1 l\Sustainability Plan Resolution.doc
APPROVED AS TO
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving an amendment to the FY 20091201 0 HOME Program Agreement between the City and Miami Beach Community
Development Corporation to re-allocate $223,786 from the Meridian Place Apartments project, located at 530 Meridian Avenue, and
$200,000 from the Barclay Apartments project, located at 1940 Park Avenue, for a total of $423,786, to the Allen House Apartments
project, located at 2001 Washington Avenue, subject to the completion of an underwriting review.
Key Intended Outcome Supported:
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey, 17.5% of businesses feel
that lack of workforce housing is one of their most important challenges.
Issue:
( Shall the City re-allocate affordable housing funds from the Meridian Place and the Barclay projects to the Allen House project? I
Item SummarylRecommendation:
I At the meetinn on Julv 15,2009, Citv Commission adopted Resolution No. 2009-271 16 approving the FY 200912010 Annual Action Plan. I
FY 20091201~ HOMEICHDO funds in the amount of $1,073,786 were allocated to MBCDC to fill existing project funding gaps in
affordable housing projects currently under development. Two (2) projects were identified as priority projects. The first was Meridian
Place, located at 530 Meridian Avenue, originally a 70-unit transient hotel building, which has been redesigned as a 34-unit affordable
rental housing building for formerly homeless elderly residents. The second project identified was the London House Apartments, located
at 1965-1975 Washington Avenue, a 55-unit rental apartment building, which is being redesigned as 33 units of workforce housing,
including one, two, and three-bedroom apartments.
Prior to the execution of a contract for the funds between the City and MBCDC, a project with a funding gap that presented a higher
priority was identified. That project is the Neptune Apartments, a 16-unit apartment project, located at 1632 Meridian Avenue purchased
with NSPI funds and under a tight expenditure and implementation timeline. As a result a Contract Agreement with MBCDC was
executed (March 29, 2010) allocating $650,000 to the Neptune Apartments for renovations, and $423,786 to Meridian Place.
Subsequent to the execution of the original contract, a fourth priority project was identified. That project is the Barclay Apartments, a 66-
unit occupied apartment located at 1940 Park Avenue. Therefore, a first contract amendment to the Agreement was drawn up and
executed (May 20, 2010) re-allocating and reducing the funding for Meridian Place from $423,786 to $223,786; and the balance,
$200,000, to the Barclay Apartments.
MBCDC is requesting re-allocation of the entire $423,786 from Meridian Place and the Barclay Apartments to the Allen House
Apartments. MBCDC reports the Allen House project at 90% of completion and therefore 100% completion of this project is more urgent
and a higher priority than the other two projects. MBCDC has identified alternative funding sources for those projects.
Advisory Board Recommendation: I
Financial Information:
City Clerk's Office Legislative Tracking:
( Anna Parekh x:7260 1
-
OBPl
AbENM ITEM C70
DATE -fd!U-
Source of
Funds:
I I J
Total I
Amount
1
Financial Impact Summary: NIA
Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: f the City Commission
FROM:
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl
BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE FY 200912010 HOME
PROGRAM AGREEMENT BETWEEN THE ClTY OF MlAMl BEACH AND THE MlAMl
BEACH COMMUNITY DEVELOPMENT CORPORATION TO RE-ALLOCATE $223,786
FROM THE MERIDIAN PLACE APARTMENTS PROJECT, LOCATED AT 530 MERIDIAN
AVENUE, AND $200,000 FROM THE BARCLAY APARTMENTS PROJECT, LOCATED AT
1940 PARK AVENUE, FOR A TOTAL OF $423,786, TO THE ALLEN HOUSE
APARTMENTS PROJECT, LOCATED AT 2001 WASHINGTON AVENUE; SUBJECT TO
THE COMPLETION OF AN UNDERWRITING REVIEW.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach is a HUD-designated entitlement city and receives funding as determined
by a statutory formula based on the decennial census information. There are several objective
measures that are used in this calculation, including population growth lag, age of housing stock,
housing overcrowding, and extent of poverty. The City of Miami Beach has been a Community
Development Block Grant (CDBG) entitlement city since 1975. The HOME Program, also funded by
HUD, was started in 1992 to provide funding specifically for affordable housing. HUD allocates these
funds to strengthen publiclprivate partnerships and to expand the supply of decent, safe, sanitary,
and affordable housing for very low- income families.
As an entitlement city, the City of Miami Beach qualifies for an annual allocation of federal funding
under these HUD programs. The uses of the annual HUD allocation of funds to the City are outlined
in the One-Year Action Plan, which is a component of the Five-Year Consolidated Plan. HOME funds
have been used for affordable rental housing activities and first time homeownership opportunities.
For FY 200912010, HUD allocated $1,263,276 in HOME Program funds to the City of Miami Beach.
The City is required to set aside a minimum of 15% of its HOME allocation to a qualified Community
Housing Development Organization (CHDO), but is allowed to set aside more. HOME funds are
primarily allocated to the City's only certified CHDO, Miami Beach Community Development
Corporation (MBCDC), for eligible activities such as acquisition and rehabilitation of multi-unit
residential properties for low and moderate-income individuals, families and seniors. HOME funds
also provide allowable administrative funds for the CHDO, as well as overall program administration
funding for the City's Housing and Community Development staff.
Commission Memorandum
HOME transfer to the Allen
January 19, 2010
Page 2 of 2
At the meeting on July 15, 2009, City Commission adopted Resolution No. 2009-271 16 approving
the FY 200912010 Annual Action Plan. Fiscal Year 200912010 HOMEICHDO funds in the amount of
$1,073,786 were allocated to MBCDC to fill existing project funding gaps in affordable housing
projects currently under development. Two (2) projects were identified as priority projects for this
funding. The first was Meridian Place, located at 530 Meridian Avenue, originally a 70-unit transient
hotel building which has been redesigned as a 34-unit affordable rental housing building for formerly
homeless elderly residents. The second project identified was the London House Apartments,
located at 1965-1975 Washington Avenue, a 55-unit rental apartment building, which is being
redesigned as 33 units of workforce housing, including one, two, and three-bedroom apartments.
Prior to the execution of a contract for the funds between the City and MBCDC, a project with a
funding gap that presented a higher priority was identified. That project is the Neptune Apartments, a
16-unit apartment project, located at 1632 Meridian Avenue, purchased with NSPl funds and under
a tight expenditure and implementation timeline. A Contract Agreement with MBCDC was executed
(March 29, 2010) allocating $650,000 to the Neptune Apartments for renovations, and $423,786 to
Meridian Place.
Subsequent to the execution of the original contract, a fourth priority project was identified. That
project is the Barclay Apartments, a 66-unit occupied apartment located at 1940 Park Avenue.
Therefore, a first contract amendment to the Agreement was drawn up and executed (May 20, 2010)
re-allocating and reducing the funding for Meridian Place from $423,786 to $223,786; and the
balance, $200,000, to the Barclay Apartments.
Based on construction delays and increased project expenses, MBCDC is requesting re-allocation of
the entire $423,786 from Meridian Place and the Barclay Apartments to the Allen House Apartments.
MBCDC reports the Allen House project at 90% of completion and therefore 100% completion of this
project is more urgent and a higher priority than the other two.
The Allen House Apartments project has been in progress for approximately three years. Per the
request of MBCDC, costs have escalated due to change orders resulting from the permitting
process. Such changes included: changes to the fire alarm system, fire sprinkler system, fire walls,
electrical system, HVAC system, plumbing systems, roofing, and certain finishes related to the
flooring and walls. Additionally, there were unanticipated costs associated with the cost of providing
payment and performance bonds, and also the administrative costs of managing the project for three
years instead of the originally estimated twelve-to-eighteen months.
Given the extended construction timeframe and the increased costs, a project underwriting review
will be updated prior to and in support of this funding request.
CONCLUSION
Administration agrees with MBCDC in its assessment of the priority of the Allen House Apartments
project. Therefore, it is recommended that the Mayor and City Commission approve the attached
resolution.
T:\Agenda\ZOI 1 \I-19-201 1 \HOME transfer to the Allen Comm. Memo
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE
FISCAL YEAR 200912010 HOME PROGRAM AGREEMENT BETWEEN THE ClTY
OF MIAMI BEACH AND THE MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION TO RE-ALLOCATE $223,786 FROM THE MERIDIAN PLACE
APARTMENTS PROJECT, LOCATED AT 530 MERIDIAN AVENUE, AND $200,000
FROM THE BARCLAY APARTMENTS PROJECT, LOCATED AT 1940 PARK
AVENUE, FOR A TOTAL OF $423,786, TO THE ALLEN HOUSE APARTMENTS
PROJECT, LOCATED AT 2001 WASHINGTON AVENUE, SUBJECT TO THE
COMPLETION OF AN UNDERWRITING REVIEW.
WHEREAS, the City is an entitlement recipient of Community Development Block Grant
(CDBG) funds, and HOME Investment Partnerships (HOME) funds; and
WHEREAS, the City expects to continue to receive entitlement funds from these grant
programs to operate the City's housing and community development activities; and
WHEREAS, the City is required to set-aside a minimum of fifteen percent (1 5%) of its HOME
funds allocation to a qualified Community Housing Development Organization (CHDO), but is
allowed to set-aside more; and
WHEREAS, Fiscal Year 2009-2010 HOME funds in the amount of $1,073,786 were
allocated to the City's certified CHDO, Miami Beach Community Development Corporation
(MBCDC), for eligible activities, such as acquisition and rehabilitation of multi-unit residential
properties for low and moderate-income persons, families, and seniors; and
WHEREAS, on March 29, 2010, the City and MBCDC entered into a HOME Program
Agreement whereby the City agreed to provide a grant in the amount of $1,073,786 for specific
affordable housing projects; and
WHEREAS, on May 20,2010, the City and MBCDC entered into a First Amendment to said
HOME Program Agreement, identifying different project priorities and re-allocating project specific
funding; and
WHEREAS, the City and MBCDC now wish to enter into a Second Amendment to the HOME
Program Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
a Second Amendment to the Fiscal Year 2009/2010 HOME Program Agreement between the City of
Miami Beach and the Miami Beach Community Development Corporation to re-allocate $223,786
from the Meridian Place Apartments Project, located at 530 Meridian Avenue, and $200,000 from
the Barclay Apartments Project, located at 1940 Park Avenue, for a total of $423,786, to the Allen
House Apartments Project, located at 2001 Washington Avenue, subject to the completion of an
underwriting review.
PASSED and ADOPTED this day of , 2011.
ATTEST:
CITY CLERK MAYOR
ROBERT PARCHER MATTI HERRERA BOWER
APPROVED AS TO
FORM @LANGUAGE
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of Miami Beach, Florida, authorizing the City Manager to execute a Funding
Agreement between the City, Miami-Dade County, and UNIDAD regarding the County's Community Development Block ' Grant (CDBG) funding to UNIDAD for construction of the North Beach Oceanfront CenterIHome of the UNlDAD Senior
Center, located at 7251 Collins Avenue, Miami Beach, Florida
Key Intended Outcome Supported:
To improve the lives of elderly residents in Miami Beach.
Supporting Data (Surveys, Environmental Scan, etc.):
Based on the 2009 Community Satisfaction Survey, 80% of residents more than 65 years old rate Miami Beach city
government as Good or Excellent in meeting their expectations.
Issue:
Shall the Mayor and City Commission approve and authorize the City Manager to execute a Funding Agreement between
the City, Miami-Dade County, and UNIDAD for County Community Development Block Grant funding to UNIDAD?
Item SummarylRecommendation:
I I
On September 6, 2006, the City Commission approved a forty (40) year Management Agreement between the City and
UNIDAD for use of the City-owned property located at 7251 Collins Avenue, Miami Beach, for the design and construction
of certain capital improvements (Reso. 2006-26325). The City Commission has awarded a total of $1,891,934 of HUD
entitlement funds to UNIDAD of Miami Beach, Inc. over several years for the design and construction of the facility, known
as the North Beach Oceanfront CenterIHome of the UNIDAD Senior Center, which will serve low and moderate income
seniors and residents in the North Beach Target Area.
Miami-Dade County has awarded a total of $1,150,000 over several years to UNIDAD for this project and has asked the
City to enter into a tri-party funding agreement with UNIDAD ensuring that, in the event UNIDAD cannot meet the US HUD
national objective of benefiting low and moderate income people for a specific period of time, that the City will assume the
management and operation of the facility, (either directly or through the selection of another entity) and continue to operate
it in accordance with the goals and priorities and approved uses set forth in the Management Agreement for the duration of
the specific period of time. As the continued use, goals and priorities are the same for the City's funding, and the City would
be required to assume (or contract for) the facility to continue to meet the funder's goals and objectives, such an
assumption by the City poses no additional requirements. It should be noted that the city will at no time be responsible for
any repayment of the County funds awarded to UNIDAD. The Administration recommends approval of the resolution.
I I
Advisory Board Recommendation: 1 NIA
Financial Information:
I I
Source of Funds: F Amount Account Approved
1)
I Financial Impact Summary: NIA I
I OBPl
I I
City Clerk's Office Legislative Tracking: I Anna Parekh x7260
4
Total
Sign-Offs:
T:UGENDAVOIl\l-19-1 ?\Funding Agreement Between the City MD County and UNIDAD- Svrnmarydoc L/
Department Director 1 ,Ass_istant City Manager
AP
DATE I-/~-I(
City Manager
JMG
\
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
/
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE ClTY MANAGER TO EXECUTE A
FUNDING AGREEMENT BETWEEN THE CITY, MIAMI-DADE COUNTY, AND UNIDAD,
REGARDING THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING FOR UNIDAD'S CONSTRUCTION OF THE NORTH BEACH OCEANFRONT
CENTERIHOME OF THE UNIDAD SENIOR CENTER, LOCATED AT 7251 COLLINS AVENUE,
MIAMI BEACH, FLORIDA
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On September 6,2006, the City Commission approved a forty (40) year Management Agreement between the City
and UNIDAD for use of the city-owned proper6y~located at 7251 ~ollins c venue, ~iami-~each, for the design and
construction of certain capital improvements (Reso. 2006-26325). The City Commission has awarded a total of
$1,891,934 of HUD entitlement funds to UNIDAD of Miami Beach, Inc. over several years for the design and
construction of the facility, known as the North Beach Oceanfront CenterIHome of the UNIDAD Senior Center, which
will serve low and moderate income seniors and residents in the North Beach Target Area.
Miami-Dade County has awarded a total of $1,150,000 over several years to UNIDAD for this project and has asked
the City to enter into a tri-party funding agreement with UNIDAD ensuring that, in the event UNIDAD cannot meet the
US HUD national objective of benefiting low and moderate income people for a specific period of time, that the City
will assume the management and operation of the facility, and continue to operate it in accordance with the goals and
priorities and approved uses set forth in the Management Agreement, which are consistentwith the USHUD National
objective, for the duration of the a specific period of time.
The draft Funding Agreement currently being reviewed by the County Attorney's Office is attached as
Attachment A and states that the Management Agreement gives UNIDAD the right to use, manage,
coordinate and operate a comprehensive community center on the Property, designated to, among other
things, serve low-income senior citizens of Miami-Dade County, Florida, centered on the provision of
services and programs and the improvement of the quality of life for senior citizens, and which is intended to
include the following programs, services, activities, and uses:
operation of an elderly community service program to provide job placement for seniors;
operation of senior employment training programs;
senior meals center for the North Beach area's elderly community (subject to funding availability);
senior recreational activities, classrooms, special interests, lectures, etc.; and
cultural activities and special events.
As additional consideration for the City's agreement to enter into the Management Agreement, UNIDAD was required
to design and construct certain capital improvements on the City-owned Property including, without limitation,
demolition of the existing City-owned building and construction of a new replacement building with substantial
additional square footage, which will be owned by the City and which will also include public restrooms (hereinafter,
the new City-owned building and any and all other improvements being designed and constructed by UNIDAD on the
Property shall be referred to as the "Proposed Improvements").
Memo to Commission
UNlDAD Funding Agreement
Page 2 of 2
In order to fund a portion of the Proposed Improvements, UNIDAD applied for and was approved for Community
Development Block Grant (CDBG) funding through the County, in the total amount of $1,150,000 (hereinafter, the
$1,150,000 amount, and any additional amounts included as a result of a subsequent adjustment or amendment to
the County CDBG Contract, shall be referred to as the "Funds"), pursuant to that certain Combined FY 2004 -201 0
CDBG Contract, executed between UNIDAD and the County.
In order to qualify for the Funds, the County requires that the City and UNIDAD enter into an Agreement to ensure
that the requirements of the funding source (USHUD) are met- either by UNIDAD or by the City should UNIDAD not
be able to perform and meet the objectives. More specifically, pursuant to this Funding Agreement, the City, County,
and UNIDAD agree that for a specific period of time the Project must remain in service as the Norfh Beach
Oceanfront Center/Home of the UNlDAD Senior Center and must serve Low - Moderate Income (LMI) senior
citizens, in accordance with the LMI National Objective and the goals and priorities and approved uses set forth in the
Management Agreement. During the Control Period, the County may monitor the Project to ensure that UNIDAD is
complying with the LMI National Objective. LMI means those households whose total annual adjusted gross income
is 80% percent or less than the area median annual adjusted gross income for households within the metropolitan
statistical area (MSA) or, if not within an MSA, within Miami-Dade County, whichever is greater as defined by HUD.
In the event that UNIDAD fails to meet, achieve, maintain andlor otherwise sustain the LMI National Objective for the
Project during the Control Period then, upon written notice from the County (the County's Notice), evidencing the
reasons for UNIDAD's failure to comply with said Objective, the City shall promptly take the following actions:
Notify UNIDAD, in writing, of its failure to comply with the LMI National Objective and the reasons therefore,
as set forth in the County's Notice to the City (the City's Notice).
Upon receipt of the City's Notice, and in accordance with the provisions governing default under the
Management Agreement, UNIDAD shall have thirty (30) calendar days within which to cure the default.
In the event that UNIDAD fails to cure the default, and the Project fails to comply with the LMI National
Objective within the time period provided in the City's Notice, then the City may (i) terminate the
Management Agreement; (ii) re-enter the Property without further notice or demand; and (iii) in addition
thereto, avail itself of any and all other legal remedies available to the City under the Management
Agreement to seek redress for UNIDAD's default.
In the event of termination of the Management Agreement pursuant to Section 5 hereof, and upon the City's re-entry
on to the Property, the City agrees that it shall, whether directly or by contracting with a third party (to be determined
by the City, in its sole and reasonable judgment and discretion), assume the management and operation of the
Property, and continue to operate the Project in accordance with the goals and priorities and approved uses set forth
in the Management Agreement, for the duration of the Control Period; provided however, that upon conclusion of the
Control Period, the City may elect, in its sole and absolute judgment and discretion, to continue to operate and
manage all or a portion of the Property as a senior center. The City shall have no obligation andlor duty to manage
and operate the Property as a senior center beyond the Control Period.
As the City has allocated USHUD funds to UNIDAD which are subject to the same requirements during a control
period as the County's requirements for their funding to their project, and as the City would have to assume (either
directly or through a third party) the operation of the facility if UNIDAD failed to meet the comparable National
objectives also required pursuant to our agreement with USHUD and sub recipient agreement with UNIDAD,
approval of the attached Funding Agreement is recommended. It is important to note that the City does not assume
any responsibility to repay any County funds awarded to UNIDAD.
The project described above is consistent with the City's Consolidated Plan. UNIDAD has the capacity to complete the
project and meet US HUD's national objective of benefiting low and moderate income people. The Administration
recommends that the City Commission approve the Funding Agreement between the City, Miami-Dade County and
UNIDAD.
T:WGENDA\2011\1-19-1 ?\Funding Agreement Between the City, MD County and UNIDAD - Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CIN
MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY,
MIAMI-DADE COUNTY, AND UNIDAD OF MlAMl BEACH, INC. (UNIDAD)
REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
RELATED TO UNIDAD'S CONSTRUCTION OF THE NORTH BEACH
OCEANFRONT CENTERIHOME OF THE UNIDAD SENIOR CENTER, LOCATED
AT 7251 COLLINS AVENUE, MlAMl BEACH, FLORIDA.
WHEREAS, the Mayor and City Commission adopted the City of Miami Beach Action Plans
for Fiscal Years 2004,2006,2007,2009,201 0 and 201 1 awarding CDBG funds to UNIDAD for the
demolition of an existing building and construction of the North Beach Oceanfront CenterIHome of
the UNIDAD Senior Center; and
WHEREAS, the project is consistent with the City's Consolidated Plan and is eligible for
funding; and
WHEREAS, the City executed a Management Agreement between the City of Miami Beach,
Florida, and UNIDAD of Miami Beach, Inc. for the North Beach Senior Center on September 6,
2006; and
WHEREAS, the City is the owner of the property, located at 7251 Collins Avenue, Miami
Beach, Florida, including, without limitation, any buildings and/or other improvements, whether now
existing or as may subsequently be constructed and/or otherwise erected or placed thereon (the
"Property"); and
WHEREAS, on September 9, 2006, as authorized pursuant to City Resolution No. 2006-
26325, the City approved a Management Agreement with UNIDAD, having an effective date of
September 6,2006 (the "Management Agreement"); and
WHEREAS, the Management Agreement gives UNIDAD the right to use, manage,
coordinate and operate a comprehensive senior center on the Property; and
WHEREAS, the Management Agreement requires UNIDAD to design and construct a new
City owned building after demolition of the existing City owned building; and
WHEREAS, the new building will have substantial additional square footage, including public
restrooms (the "Proposed Improvements") on the Property; and
WHEREAS, in order to fund a portion of the Proposed Improvements, UNIDAD has been
allocated a Community Development Block Grant (CDBG) funding through the County, in the total
amount of $1,150,000 (the "Funds"); and
WHEREAS, in order to qualify for the Funds, the County requires that the City and UNIDAD
enter into the following Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the City Manager to execute a funding agreement between the City, Miami-Dade
County, and UNIDAD regarding the Community Development Block Grant funding related to
UNIDAD's construction of the North Beach Oceanfront CenterlHome of the UNIDAD Senior Center,
located at 7251 Collins Avenue, Miami Beach, Florida.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO
FORM & LANGUAGE
City's Draft
1211 511 0
ATTACHMENT A
FUNDING AGREEMENT
THIS AGREEMENT is entered into this day of I
20-, by and between the CITY OF MlAMl BEACH, a Florida municipal
corporation (City), MlAMl DADE COUNTY, a political subdivision of the State of
Florida (County), and UNIDAD OF MlAMl BEACH, INC., a Florida not for profit
corporation (UNIDAD)(The City, County, or UNIDAD may be hereinafter referred
to individually as a "Party," or collectively as the "Parties").
RECITALS
WHEREAS, the City is the owner of the property, including, without
limitation, any buildings andlor other improvements, whether now existing or as
may subsequently be constructed andlor otherwise erected or placed thereon,
located at 7251 Collins Avenue, Miami Beach, Florida (the Property); and
WHEREAS, on September 9, 2006, as authorized pursuant to City
Resolution No. 2006-26325, the City approved a Management Agreement with
UNIDAD, having an effective date of September 6, 2006 (the Management
Agreement); and
WHEREAS, the Management Agreement gives UNIDAD the right to use,
manage, coordinate and operate a comprehensive senior center on the Property,
designated to serve low-income senior citizens of Miami-Dade County, Florida;
centered on the provision of services and programs and the improvement of the
quality of life for senior citizens, and which is intended to include the following
programs, services, activities, and uses:
operation of an elderly community service program to provide job
placement for seniors;
operation of senior employment training programs;
senior meals center for the North Beach area's elderly community (subject
to funding availability);
senior recreational activities, classrooms, special interests, lectures, etc.;
and
cultural activities and special events.
(Hereinafter, the senior center and its goals and priorities and approved uses, as
set forth in the Management Agreement, shall be referred to as the Project); and
WHEREAS, as additional consideration for the City's agreement to enter
into the Management Agreement, UNIDAD is required to design and construct
certain capital improvements on the Property including, without limitation,
demolition of the existing City-owned building and construction of a new
City's Draft
1 211 511 0
replacement building with substantial additional square footage, which will be
owned by the City and which will also include public restrooms (hereinafter, the
new City-owned building and any and all other improvements being designed
and constructed by UNIDAD on the Property shall be referred to as the
"Proposed Improvements"); and
WHEREAS, in order to fund a portion of the Proposed Improvements,
UNIDAD has received Community Development Block Grant (CDBG) funding
through the County, in the total amount of $1,150,000 (hereinafter, the
$1,150,000 amount, and any additional amounts included as a result of a
subsequent adjustment or amendment to the County CDBG Contract, shall be
referred to as the "Funds"), pursuant to that certain Combined FY 2004 - 2010
CDBG Contract, executed between UNIDAD and the County, dated [FILL IN1
(the County CDBG Contract); and
WHEREAS, in order to qualify for the Funds, the County requires that the
City and UNIDAD enter into the following Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, City, County, and UNIDAD agree
as follows:
1. INCORPORATION OF RECITALS. The Parties acknowledge
and agree that the above Recitals are true and correct, and are hereby
incorporated into and made a part of this Agreement.
2. CONTROL PERIOD means a twenty-four (24) month period,
commencing on the earlier of the (i) issuance by the City of a Temporary
Certificate of Occupancy (TCO), or a (ii) Final Certificate of Occupancy (CO) for
the new building on the Property, during which time the Project must remain in
service as the North Beach Senior Center and must serve Low - Moderate
Income (LMI) senior citizens, in accordance with the LMI National Objective and
the goals and priorities and approved uses set forth in the Management
Agreement. During the Control Period, the County may monitor the Project to
ensure that UNIDAD is complying with the LMI National Objective.
3. &MJ means those households whose total annual adjusted gross
income is 80% percent or less than the area median annual adjusted gross
income for households within the metropolitan statistical area (MSA) or, if not
within an MSA, within Miami-Dade County, whichever is greater as defined by
HUD.
4. LMI NATIONAL OBJECTIVE [NOTE: NEED A DEFINITION
FROM COUNTY]
5. In the event that UNIDAD fails to meet, achieve, maintain andlor
City's Draft
1211 511 0
otherwise sustain the LMI National Objective for the Project during the Control
Period (hereinafter, any of the aforestated terms used to describe UNIDAD's
non-compliance with the LMI National Objective shall be referred to collectively
as UNIDAD's "failure to comply") then, upon written notice from the County (the
County's Notice), which notice shall include any and all supporting
documentation from the County evidencing the reasons for UNIDAD's failure to
comply with said Objective, the City shall promptly take the following actions:
A. Notify UNIDAD, in writing, of its failure to comply with the
LMI National Objective and the reasons therefore, as set
forth in the County's Notice to the City (the City's Notice).
The City's Notice shall be transmitted to UNIDAD as a formal
Notice of Default, pursuant to the provisions provided
therefore under the Management Agreement.
B. Upon receipt of the City's Notice, and in accordance with the
provisions governing default under the Management
Agreement, UNIDAD shall have thirty (30) calendar days
within which to cure the default. In order to satisfactorily
cure said default, UNIDAD must demonstrate, to the City
and County's reasonable satisfaction, that the Project meets
the LMI National Objective and, if applicable, include any
steps that UNIDAD is taking andlor shall take (and the
timelines therefore) in order for the Project to comply with
the Objective.
C. In the event that UNIDAD fails to cure the default, and the
Project fails to comply with the LMI National Objective within
the time period provided in the City's Notice, then the City
may (i) terminate the Management Agreement; (ii) re-enter
the Property without further notice or demand; and (iii) in
addition thereto, avail itself of any and all other legal
remedies available to the City under the Management
Agreement to seek redress for UNIDAD's default.
In the event of termination of the Management Agreement pursuant to Section 5
hereof, and upon the City's re-entry on to the Property, the City agrees that it
shall, whether directly or by contracting with a third party (to be determined by
the City, in its sole and reasonable judgment and discretion), assume the
management and operation of the Property, and continue to operate the Project
in accordance with the goals and priorities and approved uses set forth in the
Management Agreement, for the duration of the Control Period; provided
however, that upon conclusion of the Control Period, the City may elect, in its
sole and absolute judgment and discretion, to continue to operate and manage
all or a portion of the Property as a senior center. Notwithstanding the preceding,
or any other term or conditions of this Agreement, the Parties hereby
acknowledge and agree that such election, if at all, shall be at the City's sole
option and discretion and that, for purposes of having complied with its
City's Draft
1211 511 0
obligations under this Funding Agreement, the City shall have no obligation
andlor duty to manage and operate the Property as a senior center beyond the
Control Period.
6. Except as provided in Section 6 hereof, the City shall have no
liability whatsoever to County, UNIDAD, andlor any third parties with respect to
this Funding Agreement; repayment of the Funds; and the County CDBG
Contract (including, without limitation, UNIDAD's failure to comply with the LMI
National Objective andlor any other liability or obligation which may now or
hereinafter arise from a default by UNIDAD under the County CDBG Agreement).
7. NOTICES.
All notices and communications in writing required or permitted
hereunder, shall be delivered personally to the representatives of the County,
UNIDAD and the City listed below or may be mailed by U.S. Certified Mail,
return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice in writing, all such notices and communications
shall be addressed as follows:
UNIDAD: [FILL IN1
COUNTY: [FILL IN]
CITY: City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
with copies to: City of Miami Beach
Attention: Asset Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
Notice may also be provided to any other address designated by the
party to receive notice if such alternate address is provided via U.S. certified mail,
return receipt requested, hand delivered, or by overnight delivery. In the event an
City's Draft
1211 511 0
alternate notice address is properly provided, notice shall be sent to such alternate
address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specifically provided for by the party entitled to
notice.
Notice shall be deemed given on the day on which personally served, or
the day of receipt by either U.S. certified mail or overnight delivery.
8. SUCCESSORS AND ASSIGNS BOUND. This Funding Agreement
shall be binding upon the Parties and their respective successors and assigns.
9. NO THIRD PARTY BENEFICIARY. This Funding Agreement is
intended solely for the benefit of Parties and their respective successors and
assigns, and no third party shall have any rights or interest in this Agreement.
10.NO AGENCY OR PARTNERSHIP. Nothing contained in this
Funding Agreement shall constitute City as a joint venturer, partner or agent of
the County and/or UNIDAD, or render City liable for any debts, obligations, acts,
omissions, representations or contracts of the County and/or UNIDAD.
1 I .AMENDMENT AND WAIVER. This Funding Agreement may not
be modified except by written instrument signed by all of the Parties hereto.
12. SEVERABILITY. The invalidity, illegality, or unenforceability of any
provision of this Funding Agreement pursuant to judicial decree shall not affect
the validity or enforceability of any other provision of this Funding Agreement, all
of which shall remain in full force and effect.
13. GOVERNING LAW AND VENUE. This Funding Agreement shall
be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THlS
AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY RIGHTS THEY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF THlS AGREEMENT.
14. EXPlRATION/TERMINATION. THlS FUNDING AGREEMENT
SHALL AUTOMATICALLY EXPIRE AND TERMINATE, AND BE OF NO
FURTHER LEGAL FORCE OR EFFECT, WITHOUT ANY FURTHER ACTION
REQUIRED BY ANY OF THE PARTIES HERETO, UPON EXPIRATION OF THE
CONTROL PERIOD.
City's Draft
1211 511 0
IN WITNESS WHEREOF, this Funding Agreement has been executed by
UNIDAD, COUNTY AND THE ClTY hereto on the day and year first above
written.
Attest: CITY OF MIAMI BEACH
Robert Parcher, City Clerk Matti Herrera Bower, Mayor
Attest: UNIDAD OF MIAMI BEACH, INC.
Secretary President
Print Name Print Name
Attest: MIAMI-DADE COUNTY
County Clerk George Burgess, County Manager
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the City
Manager to approve the Cultural Arts Council's funding recommendations and awarding $62,500 in Miami
Beach Arts Gala Grants, for Fiscal Year 201011 1, as identified in the attached Exhibit "A; and further
authorizing the Mayor and City Clerk to execute said grant agreements.
Key Intended Outcome Supported:
Maximize Miami Beach as a destination brand.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Survey, on average,
residents attended cultural activities 10.61 times per month and family friendly activities 7.19 times per
month. Additionally, 24.2% of residents said the City should strive not to reduce arts and culture.
Issue: I Shall the City approve and accept the grant award recommendations and award $62,500 in said Miami ( I Beach Arts Gala Grants for Fiscal Year 201011 1 ? I
Item SummarylRecommendation:
I Resolution No. 201 0-27552 authorized the acce~tance of a donation from the Miami Beach Arts Trust in
the amount of $62,500, resulting from the proceeds of the Miami Beach Arts Gala; and further approved
appropriating said funds for the creation of a new dedicated cultural grants program to be administered
by the CAC in accordance with the City's established policies and procedures for the review and award of
cultural arts grants. The 11 members of the CAC served as the grants panelists and evaluated 38
funding requests, which resulted in the subsequent submission of 13 grant applications requesting a total
of $1 16,070. The applications were reviewed by the CAC at their January 6 meeting, where the CAC
unanimously supported funding 10 grants for a total of $62,500.
It is recommended that the Mayor and Commission adopt the resolution and approve, accept, and award
the Fiscal Year 201011 1 Miami Beach Arts Gala grant recommendations in the amount of $62,500.
Advisory Board Recommendation:
The Cultural Arts Council reviewed the grant panel recommendations at their January 6 meeting and
supports the recommended awards as reflected in Exhibit "A".
Financial Information:
I 1
- I I I
OBPl Total I
Financial Impact Summary:
Source of
Funds:
I
City Clerk's Office Legislative Tracking:
T:\AGENDA\2011\1-19-1 I\Arts Gala Grants Summary.doc
Approved
1
- 2
Amount
$62,500
Account
199-6888-000343
CAC Special Revenues Fund
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT: RESOLUTION ACCEPTING THE CITY MANAGER'S RECOMMENDATION, AND
APPROVING THE CULTURAL ARTS COUNCIL'S FUNDING RECOMMENDATIONS,
AWARDING $62,500 IN CULTURAL GRANTS KNOWN AS MIAMI BEACH ARTS
GALA GRANTS, FOR FISCAL YEAR 2010/11, AS IDENTIFIED IN THE ATTACHED
EXHIBIT "AY'; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAD GRANT AGREEMENTS, AND MAKE THE AWARD OF SAD GRANT
MONIES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available from the donation to the City of the proceeds of the Miami Beach Arts Gala in
the amount of $62,500.
BACKGROUND
The 2010 Miami Beach Arts Gala (Gala) was held on October 23, 2010 in the Miami Beach
Convention Center. A private event spearheaded by Commissioner Jerry Libbin, its stated purpose
was to raise funds to be administered by the Miami Beach Cultural Arts Council (CAC) as an
additional cultural grants program to be known as the Miami Beach Arts Gala Grants. The Miami
Beach Arts Trust, a private, not-for-profit Florida Corporation, served as fiscal agent for the Gala.
The Gala raised $65,782. Pursuant to a discussion between the Administration and the
Chairperson of the 201 1 Arts Gala, Ray Breslin, it was suggested that $3,282 be held in escrow as
seed funding for the 201 1 Gala. Therefore, $62,500 was donated to the City for a new dedicated
cultural grants program to be known as the Miami Beach Arts Gala Grants. Resolution No. 201 0-
27552 was passed on November 17,201 0, accepting the donation and appropriating the funds for
the new grant program.
As outlined by Commissioner Libbin and the Arts Gala Committee, the Miami Beach Arts Gala
Grants will support cultural programs and projects in the City of Miami Beach, with an emphasis on
providing aid to neighborhood arts groups, and on increasing access to the arts for Miami Beach
residents and visitors. Qualified 501(c)(3) organizations with annual budgets less than $350,000
could apply for minimum grant awards of $5,000 for projects and programs occurring within the
current fiscal year. There is no matching fund requirement. In place of a formal application,
interested organizations were invited to submit a 150-word summary of the proposed project, along
Page 2 of 2
Arts Gala Grant Awards
with proof of valid 501(c)(3) status via e-mail. The CAC reviewed all 38 qualifying submissions at its
regular meeting on December 7, 201 0, and selected 18 finalists to submit full applications for staff
review. Cultural Affairs Program staff received and vetted 13 applications. At its regular meeting on
January 6, 201 1, the CAC recommended making grants to ten (1 0) organizations for a total of
$62,500 as outlined in Exhibit "A". The CAC is very pleased with the result of the new grant
category, specifically with the amount of additional programming being offered to the community. Of
the organizations recommended for award, seven (7) of them are new grantees never previously
receiving funding from the CAC and City.
CONCLUSION
The projects and organizations proposed for funding in FY 10/11 will provide a wide variety of
programming that will benefit our residents, as well as promote our City as a cultural destination.
It is recommended that the Mayor and City Commission adopt the City Administration's proposed
cultural grants, as detailed above and as reflected in Exhibit "A, titled "City Administration
Recommendation."
J MGIH FIMASIgf
T:\AGENDA\2011 \I -1 9-1 I\Arts Gala Grants Memo and Reso.doc
EXHIBIT "A"
Miami Beach Arts Gala Grants
Fiscal Year 201011 I
1. CAMPOSITION, INC.
For free interdisciplinary performance series "Please
Don't Hate Me"
Organization
2. FOTOMlSSlON
For marketing South Beach Photomarathon
City Administration
Recommendation
3. GIRL CHOIR OF SOUTH FLORIDA
For free Concert Choir performance
4. HI-TIDES MUSIC BOOSTER CLUB
For free performances by Miami Beach Senior High's
Silver Hi-Tide Marching Band, Jazz Big Band and
Jazz Quartet
5. MIAMIBEACHARTSTRUST
For presentation of a dance concert by Pioneer
Winter Collective
6. ORCHESTRA MIAMI
For free "Mozart Under the Moonlight" concert in
Collins Park
7. SOUTH BEACH CHAMBER ENSEMBLE
For ten free "Mozart on the Move" concerts
8. SOUTH FLORIDA COMPOSERS ALLIANCE
For programming for the free Listening Gallery
on Lincoln Road
9. WOMEN IN JAZZ SOUTH FLORIDA, INC.
For four free jazz concerts in senior centers
10. YOUNG PATRONESSES OF THE OPERA
For "Little Red Riding Hood" opera performances at
Fienberg-Fisher and Biscayne Elementary Schools
TOTAL $62,500
RESOLUTION NO.
A RESOLUTION ACCEPTING THE ClTY MANAGER'S RECOMMENDATION,
AND APPROVING THE CULTURAL ARTS COUNCIL'S FUNDING
RECOMMENDATIONS, AWARDING $62,500 IN MlAMl BEACH ARTS GALA
GRANTS, FOR FISCAL YEAR 201 011 1, AS IDENTIFIED IN THE ATTACHED
EXHIBIT L'A"; AND FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK
TO EXECUTE SAID GRANT AGREEMENTS, AND AWARD SAID GRANT
MONIES.
WHEREAS, the Miami Beach Arts Gala (Gala) a private event, was held on October 23, 2010,
with the specific purpose of raising funds to be administered by the Cultural Arts Council (CAC) as an
additional cultural grants program to be known as the Miami Beach Arts Gala Grants; and
WHEREAS, the Miami Beach Arts Trust, a Florida not-for-profit corporation, served as the fiscal
agent for the Gala; and
WHEREAS, Resolution No. 2010-27552 was passed on November 17, 2010, accepting a
donation from the Miami Beach Arts Trust in the amount of $62,500, resulting from the proceeds of said
Gala; and further appropriating said funds for the creation of a new dedicated cultural grants program to
be administered by the CAC in accordance with the City's established policies and procedures for the
review and award of cultural arts grants; and
WHEREAS, from November 201 0 through January 201 1, the City's Cultural Affairs staff and CAC
conducted its application and review process for Fiscal Year 201 011 1 Miami Beach Arts Gala Grants; and
WHEREAS, grants panelists, comprised of the CAC members, evaluated 38 preliminaryfunding
requests and requested 18 finalists to submit funding applications, of which 13 complete applications
subsequently were submitted to, and reviewed by, the staff and CAC, requesting a total of $1 16,070; and
WHEREAS, the CAC, at its regular meeting on January 6,201 1, unanimously recommended 10
of the 13 applicants be awarded Miami Beach Arts Gala Grants for Fiscal Year 201011 1 as more
specifically identified in Exhibit "A, attached hereto; and
WHEREAS, the City Manager has reviewed the recommendations and concurs with same.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION OF
THE CITY OF MlAMl BEACH, FLORIDA, that the Mayor and City Commission accept the City Manager's
recommendation and hereby approve the award of $62,500 in Miami Beach Arts Gala Grants for Fiscal
Year 2010/11, as identified in the attached Exhibit "A; and further authorize the Mayor and City Clerk to
execute said Grant Agreements, and award said grant monies.
PASSED and ADOPTED THIS day of 2011,
ATTEST:
ClTY CLERK MAYOR
APPROVED AS TO
FORM & LANGUAGE
281
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 19,2011
Mayor Matti Herrera Bower
Vice-Mayor Michael Gdngora
Commissioner Jorge Exposito
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions
regarding the provisions of the Ordinance should be directed to the Office of the City Attorney.
REGULAR AGENDA
R5 - Ordinances
R5A Roofing Materials
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations", Article IV, "Supplementary
District Regulations," Section 142-875 "Roof Replacements" To Modify And Expand The
Requirements For Roofing Materials In All Districts; Providing For Repealer, Codification, Severability
And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Page 285)
(Planning Department)
(First Reading on December 8, 2010)
R5B Lincoln Road Sign District
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 138, Entitled "Signs", By Amending Article V, Entitled "Sign Regulations
By District", By Amending Section 138-173 To Modify The Requirements For The Lincoln Road
Signage District; Providing For Inclusion In The City Code; Providing For Repealer, Severability And
An Effective Date. 10:25 a.m. Second Readina Public Hearing (Page 293)
(Planning Department)
(First Reading on December 8, 2010)
Regular Agenda, January 19,201 1
R5 - Ordinances (Continued)
R5C An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic
And Vehicles," Article II, "Metered Parking," Division 1, "Generally" Section 106-55 (h)(2), "Permanent
Parking Space Removal" To Amend The Criteria And Procedure For Permanent Parking Space Or
Loading Zone Removal, Providing For Codification, Repealer, Severability And An Effective Date.
10:30 a.m. Second Readinn Public Hearing (Page 301)
(Parking Department)
(First Reading on December 8, 201 0)
R5D Alton Road Historic District Buffer Overlay
An Ordinance Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay
Districts," Creating Division 8 "Alton Road - Historic District Buffer Overlay," By Including Section 142-
858 "Location And Purpose," And Section 142-859 "Development Regulations,: Including Among
Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum
Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic
District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment
Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use
Approval Of Such Uses In Excess Of 20,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And
Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance.
11:OO a.m. First Reading Public Hearing (Page 307)
(Planning Department)
(Continued from November 17,201 0)
R5E 4oth Street Religious Overlay District
An Ordinance Amending The City Code, By Amending Chapter 114 Of The City Code, "Zoning
Districts And Regulations," Section 114-1, "Definitions," Defining "Religious Institution"; Amending
Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8,
"40th Street Overlay," And By Adding Sections 142-858 "Location And Purpose," 142-859
"Compliance With Regulations," Requiring Conditional Use Approval For Religious Institutions In The
40th Street Overlay District, And 142-860 "Off-Street Parking Regulations;" And Amending Article II,
"District Regulations," Division 2 "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Section
142-1 03 "Conditional Uses," To Add Religious Institutions As A Conditional Use For Properties In The
40th Street Overlay District; And Amending Article IV, "Supplementary District Regulations," Division
4 "Supplementary Yard Regulations," Section 142-1 131 (D) "Generally," To Exempt Properties In The
40th Street Overlay District From Additional 50 Feet Minimum Side Yard Requirement For Public And
Semi-public Buildings; And Amending Chapter 1 18 Of The City Code, "Administration And Review
Procedures," Article IV, "Conditional Use Procedures," Section 1 18-1 92, "Review Guidelines," To Add
Review Criteria For Religious Institutions; Providing For Codification; Repealer; Severability; And An
Effective Date. 11:15 a.m. Second Reading Public Hearing (Page 339)
(Planning Department)
(Continue from December 8, 201 0)
Regular Agenda, January 19,201 1
R5 - Ordinances (Continued)
R5F Allow Low Impact Car Washing And Detailing In The C-PS2 Zoning District
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II "District Regulations,"
Division 18 "PS Performance Standard District," Amending Section 142-693 "Permitted Uses," By
Permitting Low lmpact Car Washing And Auto Detailing In The CPS-2 District, When Completely
Contained Within A Parking Garage Structure, And Not Visible From The Street Or Public Right-Of-
Way; Providing For Repealer, Codification, Severability And An Effective Date. 300 p.m. Second
Readinn Public Hearing (Page 353)
(Planning Department)
(First Reading Public Hearing on December 8, 2010)
R5G An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous
Offenses"; By Amending Article Ill, Entitled "Graffiti"; By Amending Division I, Entitled "Generally"; By
Amending Section 70-1 26, Entitled "Responsibility Of Property Owner(s) To Remove Graffiti; Graffiti
Removal And Notice; Enforcement" By Amending The Responsibilities Of Property Owners With
Regard To The Abatement Of Graffiti And Amending Enforcement Provisions; Providing For
Repealer; Severability; Codification; And An Effective Date. First Reading (Page 361)
(Building & Code Compliance)
R5H Alton Road Parking District No. 5
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130
Off-Street Parking, Article II "Districts; Requirements," Section 130-31 "Parking Districts Established,"
Creating A New Parking District No. 5, And Section 130-33 "Off-Street Parking Requirements For
Parking Districts Nos. 2,3 And 4," By Adding New Parking Regulations For Parking District No. 5, For
Properties With A Lot Line On Alton Road From 5th Street To Dade Boulevard, Including A Reduction
In Off-Street Parking Requirements For Certain Land Uses And Bicycle Parking Requirements;
Providing For Codification; Repealer; Severability; And An Effective Date. First Reading
(Page 369)
(Planning Department)
(Deferred from November 17, 201 0)
R51 An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled
"Traffic And Vehicles," By Amending Article 11, Entitled "Metered Parking," By Amending Division 1,
Entitled "Generally," By Amending Section 106-47, Entitled "Freight, Commercial, And Passenger
Curb Loading Zones; Hours, Deliveries" By Amending Commercial Delivery Regulations And
Providing Relief To Residential Areas In Close Proximity To Commercial Operations With Late Hour
Deliveries And Similar Habitual Sources Of Noise; Providing For Codification, Repealer, Severability,
And An Effective Date. First Reading (Page 385)
(Parking Department)
R5J An Ordinance Amending Chapter 2 Of The Miami Beach City Code, Entitled "Administration," By
Amending Article Ill Thereof, Entitled "Agencies, Boards, And Committees," By Amending Division 9
Thereof, Entitled "Health Advisory Committee," By Amending Section 2-81 (d), Entitled "Composition,"
By Amending The Membership Of The Board To Eliminate A Member From The South Shore Hospital
And Providing Under A New Subsection (D)(8) For Another Board Member Which May Be A
Physician Or A Private Individual; Providing For Repealer; Codification; Severability; And An Effective
Date. First Readinq (Page 393)
(City Clerk's Office)
Regular Agenda, January 19,201 1
R7 - Resolutions
R7A A Resolution Pursuant To Miami Beach City Code Section 118-563 To Grant A Certificate Of
Appropriateness For The Removal Of Up To Six Existing Australian Pine Trees From The Pine Tree
Drive Historic Site. 10:OO a.m. Public Hearing (Page 401)
(Planning Department)
R7B A Resolution, Following A Duly Noticed Public Hearing, Granting Of Certificates Of Appropriateness
For The Demolition Of The Robert C. Haas Handball Courts And For The Demolition Of A Facility
Known As "Friendship Corner" Pursuant To The Miami Beach City Code - Land Development
Regulation Section 118-564 (F) (4), Both Facilities Are Located At Flamingo Park, 1200 Meridian
Avenue. 10:15 a.m. Public Hearing (Page 405)
(Capital lmprovement Projects)
R7C A Resolution Approving, Following A Duly Noticed Public Hearing, The City's Planned Use Of
Neighborhood Stabilization Program (NSP3) Funding Under Dodd-Frank Wall Street Reform And
Consumer Protection Act, In The Amount Of $1,475,088 For The Redevelopment Of A Vacant
Property; Approving A Substantial Amendment To The City's FY 2008-2012 Consolidated Plan And
FY 201 0-1 1 Action Plan To Allocate $1,327,579 Of The NSP3 Funds To The City's Subrecipient,
Miami Beach Community Development Corporation, For The Rehabilitation Of Phase 1 Of The
London House Apartments Located At 1965 Washington Avenue; Authorizing The City Manager To
Sign Any And All Necessary Related Documents; Further Authorizing The Appropriation Of Federal
Funds In The Amount Of $1,475,088. 1:30 p.m. Public Hearing (Page 417)
(Real Estate, Housing & Community Development)
R7D A Resolution Approving The City's State Legislative Agenda For The 201 1 Session Of The Florida
Legislature. (Page 423)
(Economic Development)
R7E A Resolution Authorizing A Loan In An Aggregate Principal Amount Not To Exceed $30,000,000
Outstanding At Any Time From JPMorgan Chase Bank, N.A., To Pay Costs Of Capital Projects;
Authorizing The Execution And Delivery Of A Loan Agreement And Promissory Notes To Evidence
The Obligation Of The City To Repay Such Loan; Providing Security For The Repayment Of The
Loan; Authorizing Other Actions In Connection With The Loan And The Financing Program; And
Providing For An Effective Date. (Page 431)
(Finance Department)
R7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Contract, Pursuant
To Invitation To Bid No. 18-09/10, Right-of-way Improvements - Neighborhood No. 8 Central
Bayshore (Package A) And Lake Pancoast (Package C), With Lanzo Construction Co., Florida, In
The Amount Of $16,740,740.50, For The Construction Of The Right-of-way lmprovement Project
("Project"), Plus Approving A Project Contingency, In The Amount Of $1,674,074.05, For A Grand
Total Of $1 8,414,814.55; Including $8,969,714.59 From Funds Previously Appropriated In The
Capital Budget; And Further Appropriating $9,445,099.96 From Fund 429 Stormwater Projects Line
Of Credit, With Such Funds To Be Repaid From Proposed Future Storm Water Bonds; And Further
Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And
Time For Completion Of Said Project. (Page 439)
(Capital lmprovement Projects/Procurement)
Regular Agenda, January 19,201 1
R9 - New Business and Commission Requests
Board And Committee Appointments. (Page 459)
(City Clerk's Office)
Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) (Page 461)
Dr. Stanley Sutnick Citizen's Forum. (530 p.m.)
The Committee Of The Whole Will Meet During Lunch Recess Of The January 19, 2011 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss Security
Issues. (Page 463)
(Requested by Commissioner Jorge Exposito)
Discussion Regarding The Status And Progress Of The Stormwater Master Plan Being Conducted By
CDM With A Request For CDM To Attend The Commission Meeting. (Page 465)
(Requested by Commissioner Jonah Wolfson)
Discussion Regarding A Parking Solution. (Page 467)
(Requested by Commissioner Jerry Libbin)
Discussion Regarding An Update On Short Term Rentals. (Page 469)
(Requested by Commissioner Jorge Exposito)
Discussion Regarding The Timing Of Final Adopted Budget Delivery And How We Monitor Spending
And Budget Until The Final Adopted Budget Is Delivered. (Page 471)
(Requested by Commissioner Deede Weithorn)
Discussion Regarding The Bike Sharing Program. (Page 473)
(Requested by Commissioner Edward L. Tobin)
Discussion Regarding An Ordinance Amending Article Ill, Division 28 Of The City Code, Entitled
"Capital Improvement Projects Oversight Committee;" Amending Section 2-1 90.127, Entitled
"Establishment; Purpose; Membership," By Adding A Non-Voting Ex-Officio Member Who Is Either A
Member Of The Disabled Community Or Has Special Knowledge Of Americans With Disabilities Act
(ADA) Issues; And Providing For Codification; Repealer; Severability; And An Effective Date.
(Page 475)
(Requested by Mayor Matti Herrera Bower)
Discussion Regarding The Dolphins Efforts To Seek Public Dollars By Unilaterally Linking
Themselves With Miami Beach And Directing Our Lobbying Team To Oppose Dolphin's Owner
Stephen Ross's Attempt To Obtain A Government Subsidy. (Page 479)
(Requested by Commissioner Jonah Wolfson)
Regular Agenda, January 19,201 1
R9 - New Business and Commission Requests (Continued)
R9K Discussion Regarding An Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 2, "Administration," Article II, "City Commission," By Enacting A New Section 2-12, "Meeting
Agendas," Requiring Proposed Legislation Or Ordinances That Appear On A City Commission Or
Commission Committee Agenda To Have A Commissioner Sponsor Identified; Providing For
Repealer; Codification; Severability; And An Effective Date. (Page 483)
(Requested by Commissioner Jonah Wolfson)
R9L Discussion Regarding Project Medishare's "Day After The Quake" Documentary And Request For
The City To Co-Sponsor The Event By Allowing The Use Of The Colony Theatre. (Page 487)
(Requested by Commissioner Edward L. Tobin)
Reports and Informational ltems
Reports and Informational ltems (see LTC #008-2011)
End of Renular Anenda
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
THE REGULARLY SCHEDULED MEETINGS OF THE ClTY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED
MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON CABLE CHANNEL 77, AND ARE AVAILABLE IN
THE CITY CLERKS OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE ClTY
COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST.
DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split
into two (2) sessions, 1 :30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission Meeting has
not already adjourned prior to the time set for either session of the Forum. In the event of adiournment prior to the Stanley
Sutnick Citizens' Forum, notice will be posted on Cable Channel 77, and posted at City Hall. Approximately thirty (30)
minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period
established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this
Forum.
2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the
Agenda may be obtained at the City Clerk's Office on the Monday prior to the Commission regular meeting. The complete
Agenda, including all backup material, is available for inspection beginning the Monday prior to the Commission meeting at
the City Clerk's Office and at the following Miami Beach Branch Libraries: Main, North Shore, and South Shore. The
information is also available on the City's website: www.miamibeachfl.~ov the Friday prior to a Commission Meeting.
Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address
and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, FI 33 139,
briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be
handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff.
"Requests for Agenda Considerationr' will not be placed on the Agenda until after Administrative staff review. Such review will
ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission
may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Tuesday of
the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package.
Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to
those subiects included in their written requests.
4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s) listed on the Agenda, other than
public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk,
1700 Convention Center Drive, telephone 673-741 1, before 5:00 p.m., no later than the day prior to the Commission meeting
and give their name, the Agenda item to be discussed, and if known, the Agenda item number.
5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and
persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their
views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's
Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient
time, within the discretion of the Mayor, to present their views.
6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a
period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or
corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the
discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a
specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor.
201 1 Schedule of City of Miami Beach
City Commission and Redevelopment Agency (RDA) Meetings
Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall,
1 700 Convention Center Drive, Miami Beach, Florida.
Commission Meetings Alternate Meetings
January 19 (Wednesday) January 26 (Wednesday)
February 9 (Wednesday) February 16 (Wednesday)
March 9 (Wednesday) March 16 (Wednesday)
April 1 3 (Wednesday) April 27 (Wednesday]
May 1 1 (Wednesday) May 18 (Wednesday]
June 1 (Wednesday)
July 13 Wednesday) July 20 Wednesday)
August - Cify Commission in recess
September 14 (Wednesday)
October 1 9' (Wednesday] October 26 (Wednesday)
November 2 (Wednesday] - Election related only
November 16 (Wednesday] - If Run-off Election only
December 14 (Wednesday] December 2 1 (Wednesday)
F:\CLER\$ALL\a City Commission\201 1 Schedule of City of Miami Beach.docx
ClN CLERK'S OFFICE
LOBBYISTS LIST
January 19,201 1
$400 per hour
$580 per hour
04/22/2010
04/27/20 10
Alfredo Gonzalez
Neisen Kasdin
South Beach Lending
Marshall Berkson
COMMISSION ITEM SUMMARY
Condensed Title:
Amendments to the Roofing Materials Ordinance.
Key Intended Outcome Supported: I Maintain strong growth management policies; Protect historic building stock I
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the
Citv in this area.
ssue:
Should the City Commission adopt an Ordinance Amendment that modifies the review procedures for
certain types of roof materials on pre-1942 architecturally significant homes and 'non-contributing'
structures located in historic districts, while allowing for an expanded role of planning department staff in
the review process?
Item SummarylRecommendation:
1 SECOND READING: Over the last few years, concerns by property owners of architecturally significant 1
homes built prior to 1942 have been expressed to the ab about the cost and length of time to approve
roof replacements. The proposed ordinance will give staff more latitude in reviewing and approving these
types of requests. The subject Ordinance was approved at first reading on December 8, 2010. The
Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
[ On June 1, 2010, the Desinn Review Board (DRB) passed a Resolution recommending an
amendment to the City ~odeio update the proce'dures for allowing materials other than tiles to be
used on new roofs for single family homes constructed prior to the year 1942. On September 27,
201 0, the Land Use and Development Committee referred the Ordinance to the Planning Board, with
a favorable recommendation. On November 16, 2010, the Planning Board transmitted the subject
Ordinance to the City Commission, with a favorable recommendation.
Financial Information:
I I
Financial Impact Summary:
The subject ordinance is not expected to have any fiscal impact.
Source of
Funds:
0
OBPl
City Clerk's Office Legislative Tracking: I Richard Lorber or Thomas Mooney
Approved Account
I
2
3
4
Total
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
/
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1 READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE CITY OF MlAMl BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MlAMl
BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS", SECTION 142-875 "ROOF REPLACEMENTS" TO MODIFY
AND EXPAND THE REQUIREMENTS FOR ROOFING MATERIALS IN ALL
DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
On June 1, 2010, the Desian Review Board (DRB) passed a Resolution, which
recommended an amendmentto the City Code, updating the procedures for allowing
materials other than tiles to be used on new roofs for single family homes constructed prior
to the year 1942. Specifically, the DRB recommended, based upon a number of
applications that have come before it, that appropriate latitude be given to the City's
Planning Department for the review and approval of new roofs for pre-1942 Architecturally
Significant single family homes.
ANALYSIS
In 2007, the City Commission adopted a comprehensive amendment to Section 142-875 of
the City Code, pertaining to roof replacements and new roofs. This amendment addressed
advances in technology regarding metal roofing systems. Currently, a wide range of metal
roofs now exist, which satisfy building code requirements and are compatible with most
styles of architecture in the City. These include metal tile in a flat or barrel shape, as well as
different textures, colors and finishes of standing seam metal.
In addition to being much more architecturally compatible than in the past, alternative roofing
material such as metal tile and standing seam metal offer the following tangible benefits over
concrete or ceramic tile:
They are far more durable; not just to wind speed, but, more importantly, in terms of
damage from flying debris.
They are far more energy efficient, particularly in the summer months.
January 19, 201 1
Commission Memorandum
Amendment to Roofing Materials Ordinance
Page 2 of 2
They are often composed of recycled material and can be used to achieve LEED
points.
They have a longer warranty than concrete or barrel tile.
They are generally the same price as concrete tile and less expensive than clay or
ceramic barrel tile.
They are readily available.
In order to ensure a careful balance between protecting the architectural and historic
integrity of the City's housing stock and neighborhood character, while addressing the needs
of homeowners, and allowing for more durable, sustainable and available roofing material,
the Ordinance adopted in 2007 included certain safeguards for eligible structures.
Specifically, for Architecturally Significant single family homes constructed prior to 1942,
approval from the Design Review Board (DRB) is required for roofing material other than flat
or barrel tile. For roofing on new construction or existing non-contributing structures in local
historic districts, approval from the Historic Preservation Board (HPB) is required. Metal
roofs are prohibited on contributing structures and on any historic structure designed in the
Mediterranean Revival style of architecture. Additionally, criteria was established for the
relevant Boards, as well as the Planning Department, to follow when evaluating metal roof
requests.
Over the last few years, concerns have been expressed by owners of Architecturally
Significant single family homes built prior to 1942, with regard to the cost and length of time
a hearing before the DRB takes, just to replace a roof. In order to address this concern, at
the direction of the DRB, the proposed Ordinance Amendment has been drafted, which
would give more latitude to staff in applying the roofing material criteria to pre-I 942 homes,
as well as non-contributing structures within historic districts.
On September 27,201 0, the Land Use and Development Committee referred the Ordinance
to the Planning Board, with a favorable recommendation.
PLANNING BOARD ACTION
On November 16.2010, the Plannina Board transmitted the subiect Ordinance to the City
Commission, with a favorable recommendation, by a 5-1 vote. -
The City Commission approved the Ordinance at First Reading on December 8, 2010,
subject to minor text changes that clarify the role of staff in the approval process.
The Administration is confident that the proposed ordinance will address the issues and
concerns identified by the DRB and result in a more streamlined approval process for single
family home owners.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance
JMGIJGGIRGLITRM
T:\AGENDA\2011\1-19-1 l\Roofing Materials 2010 - MEM 2 PH.docx
Roofing Materials
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS", ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS", SECTION 142-
875 "ROOF REPLACEMENTS" TO MODIFY AND EXPAND THE
REQUIREMENTS FOR ROOFING MATERIALS IN ALL DISTRICTS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations of the Code of the City of Miami Beach as they
pertain to zoning districts and regulations; and
WHEREAS, the City of Miami Beach recognizes the benefits of alternative roofing materials
in terms of maintenance, durability, sustainability, energy efficiency and availability; and,
WHEREAS, the City of Miami Beach has adopted regulations pertaining to replacement and
construction of pitched roofs; and,
WHEREAS, the City of Miami Beach desires to expand, modify and clarify the requirements
for new and replacement roofing materials for pitched roofs; and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 142, Entitled "Zoning Districts and Regulations", Article IV, Entitled
"Supplementary District Regulations ", Division 1, Entitled "Generally" of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-875. Roof replacements and new roofs.
(a) In all districts, except locally designated historic districts, sites or structures, the new
construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall
be composed of concrete, clay or ceramic material. Metal roofing systems may be proposed for new
construction, existing multi-family and townhome structures, existing commercial buildings, single
family homes constructed after 1942, and nonarchitecturally significant single family homes
constructed prior to 1942, and shall be subject to the review and approval of the planning
department, in accordance with the following criteria:
(1) The same style, design and material shall be required for the main structure and all
accessory structures when located on the same property.
(2) The color of the roof shall be neutral and shall not overwhelm or cause the roof to stand out
in a significant manner.
(3) The design, details, dimensions, surface texture and color shall be consistent with the
architectural design, style and composition of the structure.
(4) The design, details, dimensions, surface texture and color shall be consistent with the
established scale, context and character of the surrounding area.
For architecturally significant single family homes constructed prior to 1942, the planning director, or
designee, may approve a metal roofina svstem if it is determined that the scale, massing and design
of the subiect home can accommodate a metal roofing svstem, and that the metal roofing system
will not negatively impact the established architectural context of the immediate area. Such review
by the planning director, or designee, shall be subject to the criteria in subsections (1)-(4) above.
The appeal of any decision of the planning department under this section shall be to the design
review board, in accordance with chapter 1 18, article VI of these land development regulations. The
review by the design review board, either by arspeal or if the metal roofing system does not uualifv
for planning director approval as provided above, shall also be pursuant to the criteria in subsections
11 )-(4) above.
(b) Within any locally designated historic district, site or structure, the new construction, repair or
replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of
concrete, clay or ceramic material. The use of metal roofing systems on new construction ewxkhg . . shall require the review and approval of the historic preservation board,
in accordance with the criteria in subsections (a)(l)-(4) above and chapter 1 18, article X of these
land development regulations. Metal roofing systems shall not be permitted on contributing
buildings. The use of metal roofing systems on existing non-contributing structures may be reviewed
and approved by the planning director, or designee, in accordance with the criteria in subsections
{a)(l)-(4) above and chapter 1 18, article X of these land development regulations, if it is determined
that the scale, massing and design of an existing non-contributing structure can accommodate a
metal roofing svstem, and that the metal roofing svstem will not negatively impact the established
historic and architectural context of the immediate area. The appeal of any decision of the planning
department under this subsection shall be to the historic preservation board. The review by the
historic preservation board, either by appeal or if the metal roofing svstem does not qualify for
planning director approval as provided above, shall also be pursuant to the criteria in subsections
{a)(l)-(4) above, and section 1 18-564.
(c) Notwithstanding the above, for those structures constructed and substantially maintained in
the Mediterranean revival or mission style of architecture, only concrete, clay or ceramic tile may be
utilized. For purposes of this subsection, Mediterranean revival or mission architecture shall be
defined as those structures built between 191 5 through 1942 and characterized by, but not limited
to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped
parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical
elements.
(d) Notwithstanding the above, in the event a material other than flat or barrel tile was permitted
for a pitched roof in any district, such roof may be replaced with the same material, subject to the
criteria in subsection (a) above.
(e) For those structures which contain historic Cuban barrel tiles, such tiles shall be retained and
preserved, subject to the provisions of the applicable building codes.
(f) No variances from any of these provisions shall be granted. However, in the event that the
building official determines that limitations exist regarding the load capacity of an existing roof, a
roofing material other than concrete, clay or ceramic tile may be approved by the planning
department for any type of structure, in accordance with the criteria specified in subsections 142-
875(a)(1)--(4) above.
SECTION 2. CODIFICATION.
It 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
appropriate word.
SECTION 3. REPEALER.
.(. All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILIN.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of , 2011.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
First Reading: December 8, 201 0
Second Reading: January 19,201 1
Verified by:
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
1 2/30/2010
T:\AGENDAL?Oll\I-19-1 IWoofing Materials 201 0 - ORD 2 PH.docx
@ MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that secorid readingsand public hearings will be
held by the Mayor and City Commission of the City of Miami Beach, Florida,
in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wednesday, January 19,2011, to consider
the following:
10:20 a.m.
Roofing Materials
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts
And Regulations", Article IV, "Supplementary District Regulations ", Section
142-875 "Roof Replacements" To Modify And Expand The Requirements For
Roofing Materials In All Districts. / I Inquiries may be directed to the Planning Department (305) 673-7550. I
10:25 a.m.
Lincoln Road Sign District
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 138, Entitled "Signs".
By Amending Article V, Entitled "Sign Regulations By-District", By Amending
Section 138-1 73 To Modify The Requirements For The Lincoln Road Signage
District1 O:25 a.m. 1 I Inquiries may be directed to the Planning Department (305) 673-7550. I
10:30 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 106, "Traffic And Vehicles," Article II, "Metered Parking," Division 1,
"Generally" Section 1 06-55 (h)(2), "Permanent Parking Space Removal" To
Amend The Criteria And Procedure For Permanent Parking Space Or Loading
Zone Removal. / I Inquiries may be directed to the Parking Department (305) 673-7275. I
INTERESTED PARTIES are invited to appear at this meeting or be represented
by an agent or to express their views in writing addressed to the City Commission
C/O the City Clerk, 1700 Convention Center Drive, la Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be opened and continued and under
such circumstances additional legal notice would not be provided. .
Robert E, Parcher, City Clerk
. City of Miami Beach
Pursuant to Section 286.01 05, FL Statutes, the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
In'accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding, or to request information
on access for persons with disabilities, or to request this publication in accessible
format, or to request sign language interpreters, should contact the City Clerk's
office at (305) 673-741 1, no later than four days prior to the proceeding. If hearing >, I I impaired, contact the City Clerk's office via ;he Florida Relay service-numbs, 1
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I An Ordinance Amending Chapter 138, "Signs", By Amending Section 138-173 To Modify The I Requirements For The Lincoln Road Signage District. I
Key Intended Outcome Supported:
Maintain strong growth management policies; Protect historic building stock
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the I City in this area. I
Issue:
Should the City Commission adopt an Ordinance Amendment that modifies and further restricts allowable
signage within the Lincoln Road Signage District?
Item SummarylRecommendation:
SECOND READING: The subject Ordinance was approved at first reading on December 8,2010. The
Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On July 26, 2010, the Land Use and Development Committee referred the Ordinance to the Planning
Board, with a favorable recommendation. On October 26, 2010, the Planning Board transmitted the
subject Ordinance to the City Commission, subject to minor text modifications, with a favorable
recommendation.
Financial Information:
I I
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Approved
u
OBPl
AMIBEACH
m 2
Account Source of
Funds:
4
Total
Financial Impact Summary:
The subject ordinance is not expected to have any fiscal impact.
1
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: January 19,201 1 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE ClTY OF MIAMI BEACH, BY
AMENDING CHAPTER 138, ENTITLED "SIGNS", BY AMENDING ARTICLE V,
ENTITLED "SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION
138-173 TO MODIFY THE REQUIREMENTS FOR THE LINCOLN ROAD
SIGNAGE DISTRICT; PROVIDING FOR INCLUSION IN THE ClTY CODE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
In 2001, the City Commission established Section 138-1 73 of the City Code, which created
the Lincoln Road Signage District. The district includes those properties fronting on Lincoln
Road between Collins and Washington Avenues, most of which have very large, blank
facades that were designed to accommodate large, graphic signage. Historic
documentation from the 1940's and 1950's shows large, well designed graphic signs which
established the previous "bright" character of this stretch of Lincoln Road. During its heyday,
this particular section of Lincoln Road exuded excitement, activity and a special sense of
place.
ANALYSIS
The creation of the Lincoln Road Signage District was first proposed by the Historic
Preservation Board in order to encourage and allow for the re-introduction of this "bright"
character of Lincoln Road through "architectural" signage which has an historic precedent.
The signage district was not intended to allow general advertising or create a mirror image of
Times Square in New York City, as Miami Beach has its own unique architectural and urban
fabric. It was envisioned that through the Historic Preservation Board approval process, new
signage would be of a high quality and would re-establish an historical architectural identity.
One of the specific requirements of the signage district was the mandatory rehabilitation and
restoration of the structures where new signage is proposed. This particular requirement has
resulted in the detailed renovation and restoration of three (3) historic structures that fall
within the signage district.
During the approval process for the signage district in late 2000 and early 2001, property
January 19, 201 1
Commission Memorandum
Amendment to Lincoln Road Signage District
Page 2 of 2
owners and representatives of property owners on the 200 and 300 block of Lincoln Road
appeared before the Lincoln Road Marketing Council to express their strong support for the
proposed Ordinance. In light of these viewpoints, the Lincoln Road Marketing Council
adopted a Resolution to support the creation of the Lincoln Road Signage District. As part of
this Resolution, the Lincoln Road Marketing Council recommended that the proposed
signage be permitted to wrap those portions of buildings on Collins Avenue and Washington
Avenue which also have frontage on Lincoln Road.
Since the creation of the signage district, the size and quality of the signs that have been
approved, in some ways, have not adequately addressed the signage criteria. In this regard,
some of the signs are slightly out of scale and do not appropriately address the built context
of the immediate streetscape. In order to address these design and appropriateness issues,
and to ensure that future signs are more consistent with the historic signs from the 1940's
and 1950's, revisions to the Lincoln Road Sign District have been drafted.
The proposed ordinance would set specific, quantifiable limits on the overall size of the
signage, as well as place limits on certain types of signage text. Additionally, more
emphasis will be placed on addressing the historic context of the district, as well as the
architectural design of the proposed signs.
On July 19,2010, Planning Department staff attended the VCA Lincoln Road Beautification
Sub-committee Meeting, and presented a summary of the changes in the proposed
ordinance. The VCA was supportive of the changes proposed in the draft ordinance.
On July 26,2010, the Land Use and Development Committee referred the Ordinance to the
Planning Board, with a favorable recommendation.
PLANNING BOARD ACTION
On October 26, 2010, the Planning Board transmitted the subject Ordinance to the City
Commission, subject to minor text modifications, with a favorable recommendation, by a 7-0
vote.
The City Commission approved the Ordinance at First Reading on December 8, 2010,
subject to minor text changes that would allow a 3rd corner sign in very limited
circumstances.
The Administration is confident that the proposed ordinance will address the problems that
have been identified with certain signs recently approved within the sign district, and should
result in future signage that is more in scale and appropriate to the 200 and 300 blocks of
Lincoln Road.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed ordinance.
JMGIJGGIR~~TRM
T:\AGENDA\2011\1-19-11\LR Sign District 2010 - MEM 2nd PH.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE ClTY OF MlAMl BEACH, BY AMENDING
CHAPTER 138, ENTITLED "SIGNS", BY AMENDING ARTICLE V, ENTITLED
"SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION 138-173 TO
MODIFY THE REQUIREMENTS FORTHE LINCOLN ROAD SIGNAGE DISTRICT;
PROVIDING FOR INCLUSION IN THE ClTY CODE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to recall its unique social and architectural
history, as well as further the dynamic character and attraction of Lincoln Road through the use of
signage; and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for approving signage in historic districts; and
WHEREAS, the creation of a Lincoln Road Signage District was for the purpose of
promoting the creation of unique, artistic and well designed graphic signage; and
WHEREAS, the City of Miami Beach Historic Preservation Board is the primary vehicle for
assuring this artistic and design integrity; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE CITY OF MlAMl BEACH, FLORIDA:
SECTION I. That Chapter 138, Article V, entitled "Sign Regulations by Districts", of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Section 138-1 73. Lincoln Road Signage District
(a) Purpose. The purpose of this section is to facilitate the substantial restoration of existinq
storefronts, facades and buildinqs. in accordance with the criteria and requirements of article X
of these land development reaulations, and to permit well desisned, uniaue and ~roportional
graphics and sisnane, which is consistent with the historic period of significance and which do
not detract from the architectural character of the buildinqs, nor the established context of the
surrounding streetscape. Additionally, this section is not intended to allow larger sinns that do
not adequately address the architectural and historic character of qra~hic siqnase that
previously existed on Lincoln Road.
(b) For those properties fronting on Lincoln Road, and located in between the west side of Collins
Avenue and the east side of Washington Avenue, the following shall apply:
(1) Flat wall, projecting or other building signs, which exceed the number and overall square
footage permitted under section 138-172, may be permitted, subject to the issuance of a
Certificate of Appropriateness from the historic preservation board. The
placement, design and illumination of such signage shall be subiect to
the review and approval of the historic preservation board, in accordance with the followinu: at=&
a. A proportional relationship of text and araphics shall be required. All graphics must relate to
the proposed use of the store for which the sian is proposed.
b. The total square footaae of permitted siqnaae, inclusive of non-text araphics, shall not
exceed 35% of the buildina facade area. For purPoses of this section, the buildina facade area
shall be defined as the area located above the storefront and below the top of the parapet, in
between the phvsical confines of a specific tenant space.
c. The text portion of the siqn shall be limited to the name of the establishment and related
products and services available on site onlv. Sianaqe text not associated with the actual use, or
incidental sisnaae text, shall not be permitted.
d. The text Portion of the sian(s) shall be limited to no more than one (1) per storefront. For
corner properties, the text portion of the sian(s) shall be limited to no more than one (1) per
street front. For corner properties where historic evidence exists of more than two (2)
signs at the ground floor, including a corner sign. at the discretion of the historic
preservation board, an additional sign at the ground floor mav be permitted at the corner,
in a manner consistent with such historic evidence. In no instance shall the total suuare
footage of signs permitted under this subsection exceed the limitations set forth in
subsection I (b) above.
e. For those facades facina a residential or hotel use, onlv back-lit sisnaae shall be permitted.
f. For properties with frontaae on both Lincoln Road and Collins Avenue, the onlv sianase
permitted on Collins Avenue shall fall within the confines of the corner radius, with a maximum
lineal frontaae of 20 feet on Collins Avenue.
(2) In evaluating signage applications for a Certificate of Appropriateness, the historic
preservation board shall consider the following:
a. The quality of materials utilized for the sign and their appropriateness to the architecture as
well as the historic and design integrity of the structure.
b. The overall design, graphics and artistry associated with a proposed sign and its relationship
to the historic and design integrity of the structure.
c. The design detail, animation and non-text graphics proposed for the proposed sign(s).
d. The illumination, surface colors and finishes, width, depth, and overall dimensions of the
proposed sign(s).
e. Original, historic signage associated with the building andlor property.
(3) The historic preservation board may, at its discretion, place restrictions on the hours of
operation for any sign approved under this subsection.
(4) Signage must relate to the specific occupant(s) of the property.
(5) Prior to the issuance of a buildina permit for anv sisnaae approved under this section, the . . planning director, or desianee, or, if required, tThe historic preservation board-
-, shall review and approve the substantial rehabilitation or restoration of a
fa~ade, business location or storefront where new signage under this section is proposed. Such
rehabilitation or restoration shall be substantiallv completed, prior to the actual installation of anv
sianaqe approved under this section.
SECTION 2. CODIFICATION.
It 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
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of ,201 1
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
First Reading: December 8, 201 0
Second Reading: January 19,201 1
Verified by:
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
1 2/29/20 1 0
T:\AGENDA\2011\1-19-11\LR Sign District 2010 - ORD 2nd PH.docx
@ MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that secorid readingsand public hearings hill be
held by the Mayor and City Commission of the City of Miami Beach, Florida,
in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wednesday, January 19, 2011, to consider
the following:
10:20 a.m.
Roofing Materials
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts
And Regulations", Article IV, "Supplementary District Regulations ", Section
142-875 "Roof Replacements" To Modify And Expand The Requirements For
Roofing Materials In All Districts.
lnquiries may be directed to the Planning Department (305) 673-7550.
10:25 a.m.
Lincoln Road Sign District
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 138, Entitled "Signsn. ,
By Amending Article V, Entitled "Sign Regulations By -District9', By Amending
Section 138-1 73 To Modify The Requirements For The Lincoln Road Signage
District1 O:25 a.m.
lnquiries may be directed to the Planning Department (305) 673-7550.
10:30 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 106, "Traffic And Vehicles," Article II, "Metered Parking," Division 1,
"Generally" Section 106-55 (h)(2), "Permanent Parking Space Removal" To
Amend The Criteria And Procedure For Permanent Parking Space . Or -$ Loading
Zone Removal.
lnquiries may be directed to the Parking Department (305) 673-7275.
INTERESTED PARTIES are invited to appear at this meeting or be represented
by an agent orto express their views in writing addressed to the City Commission.
C/O the City Clerk, 1700 Convention Center Drive, 1"' Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be opened and continued and under
such circumstances additional legal notice would not be provided. .
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.01 05, FL Statutes, the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding, or to request information
on access for persons with disabilities, or to request this publication in accessib'le
format, or to request sign language interpreters, should contact the .City Clerk's
officeat (305) 673-741 1, no later than four days prior to the proceeding. If hearing I I impaired, contact the City Clerk's office via the Florida Relay Service-nurnbe~ I
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending the criteria in the City Code for permanent parking space removals.
Key Intended Outcome Supported:
L~aintain or Improve Traffic Flow. I
Supporting Data (Surveys, Environmental Scan, etc.):
1 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. 1 I Availability of parking was one of the changes residents identified to Make Miami each better to live, work or play. 1
Issue:
Should the City Commission approve an ordinance amending the criteria in the City Code for permanent
parking space removals?
Item Summary/Recommendation:
FIRST READING ON DECEMBER 8,2010
The Mayor and Commission approved the item on First Reading on December 8&2010. The City
Commission further revised the proposed amendment to require a five-seventh (517 ) vote of the City
Commission for the permanent removal of a parking space.
On September 27, 2010, the LUDC held a discussion regarding strengthening the process by which
permanent parking spaces may be removed from City inventory, for instance by limiting the purpose andlor
requiring Commission approval. Section 106-55 of the City Code regulates parking rates, fees, and
penalties generally, and Section 106-55(h) specifically governs the removal of parking spaces, both
temporarily and permanently. To accommodate construction and other limited needs, the City may
temporarily remove parking meters, at a cost of $100.00 per space ($50.00 for removal and $50.00 for
replacement) plus the applicable daily space rental fees.
It is the policy of the City that permanent parking space removals requests are strongly discouraged.
Section 106-55(h) specifies that the fee for permanent removal of a parking space is the same as the
parking impact fee, or $35,000 per space. The LUDC directed the Administration to proceed with an
amendment to the City Code requiring the removal of a parking space or loading zone to be approved by
the City Commission, with the exception of those spaces removed specifically to create access to a
parking facility. Therefore, it is recommended that Section 106-55(h)(2) be amended to reflect as follows:
Section 106-55(h)(2) Permanent Parking Space Removal: Permanent parking space removal or
loadina zone space removal requests shall onlv be allowed for the purDose of creatina access to an off-
street Darkina facilitv-w. The Dermanent removal of a ~arkina sDace or loadina zone
for anv other reason shall require a five-seventh (517'") a~~roval from the Citv Commission. The fee for the
permanent removal of a parking space shall be the same rate as the parking impact fee, or $35,000.00 per
space, whichever is areater.
Fiscal Impact: The City Code requires a payment of $35,000 for the removal of a parking space, which is
equivalent to the parking impact fee's cost per parking space. While the $35,000 payment recuperates the
City's capital cost for replacement of a parking space, all revenues generated, in perpetuity, by the parking
space are foregone. The average revenue per metered parking space is estimated at $2,000, annually.
Therefore, the fiscal impact for the removal of a parking space is estimated at $2,000, annually, in
perpetuity. Administration Recommendation: Approve the ordinance on second and final hearing.
I I
Advisory Board Recommendation:
I I
Financial Information:
i
Source of
Funds:
w
rrEM 67SC
DATE l-lq-(/
I I
OBPl
Approved
Financial Impact Summary:
City Clerk's Office Legislative Tracking: 1 Saul Frances, ext. 6483
2 1
Account
1
I
Amount
Total I I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzale \A
DATE: January 19,201 1 C) ~OND AND FINAL PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CIN COMMISSION OF THE
ClN OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE ClN OF
MIAMI BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND VEHICLES,"
ARTICLE II, "METERED PARKING," DIVISION 1, "GENERALLY' SECTION 106-
55 (h)(2), "PARKING RATES, FEES, AND PENALTIES," TO AMEND THE
CRITERIA FOR PERMANENT PARKING SPACE REMOVAL, PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and Commission approve the amendment
of the ordinance on second and final public hearing.
FIRST READING ON DECEMBER 8,2010
The Mayor and Commission approved the item on First Reading on December 8,201 0. The
City Commission further revised the proposed amendment to require a five-seventh (5n'h)
vote of the City Commission for the permanent removal of a parking space.
ANALYSIS
On September 15, 2010, the Mayor and Commission referred the issue of permanent
parking space removals from City inventory to the Land Use and Development Committee
(LUDC). Subsequently, on September 27, 2010, the LUDC held a discussion regarding
strengthening the process by which permanent parking spaces may be removed from City
inventory, for instance by limiting the purpose andlor requiring Commission approval.
Section 106-55 of the City Code regulates parking rates, fees, and penalties generally, and
Section 106-55(h) specifically governs the removal of parking spaces, both temporarily and
permanently. To accommodate construction and other limited needs, the City may
temporarily remove parking meters, at a cost of $1 00.00 per space ($50.00 for removal and
$50.00 for replacement) plus the applicable daily space rental fees.
It is the policy of the City that permanent parking space removals requests are strongly
discouraged. Section 106-55(h) specifies that the fee for permanent removal of a parking
space is the same as the parking impact fee, or $35,000 per space. As these requests have
become more numerous, the LUDC directed the Administration to proceed with an
amendment to the City Code requiring the removal of a parking space or loading zone to be
approved by the City Commission, with the exception of those spaces removed specifically
to create access to a parking facility. Therefore, it is recommended that Section 106-
55(h)(2) be amended to reflect as follows:
January 19, 201 I
City Commission Memorandum
Parking Space Permanent Removal Code Amendment
Second and Final Public Hearing
Page 2 of 2
Section 106-55(h)(2) Permanent Parking Space Removal:
Permanent parking space removal or loading zone space removal requests shall onlv be
allowed for the purpose of creating access to an off-street parking facility aa-&wy&
-. The permanent removal of a parking space or loading zone for anv other
reason shall require a five-seventh (5/7'") ap~roval from the Citv Commission. The fee for
the permanent removal of a parking space shall be the same rate as the parking impact fee,
or $35,000.00 per space, whichever is greater.
Fiscal Impact:
The City Code requires a payment of $35,000 for the removal of a parking space, which is
equivalent to the parking impact fee cost per parking space. While the $35,000 payment
recuperates the City's capital cost for replacement of said parking space, all revenues
generated by the parking space, in perpetuity, are foregone. The average revenue per
metered parking space is estimated at $2,000, annually. Therefore, the fiscal impact for the
removal of a parking space is estimated at $2,000, annually, in perpetuity.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY
OF MlAMl BEACH, FLORIDA AMENDING THE CODE OF THE ClTY OF
MlAMl BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND
VEHICLES," ARTICLE II, "METERED PARKING," DIVISION I,
"GENERALLY" SECTION 106-55 (h)(2), "PERMANENT PARKING SPACE
REMOVAL" TO AMEND THE CRITERIA AND PROCEDURE FOR
PERMANENT PARKING SPACE OR LOADING ZONE REMOVAL,
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, on September 15, 2010, the Mayor and Commission referred the issue of
permanent parking space removals from City inventory to the Land Use and Development
Committee (LUDC); and
WHEREAS, on September 27, 2010, the LUDC held a discussion regarding strengthening
the process by which permanent parking spaces may be removed from City inventory, for instance
by limiting the purpose and/or requiring Commission approval; and
WHEREAS, Section 106-55 of the City Code regulates parking rates, fees, and penalties
generally, and Section 106-55(h) specifically governs the removal of parking spaces, both
temporarily and permanently; and
WHEREAS, while it is the policy of the City that permanent parking space removals requests
are strongly discouraged, requests for permanent removal have become more numerous; and
WHEREAS, the LUDC directed the Administration to proceed with an amendment to the City
Code requiring the removal of a parking space or loading zone to be approved by the City
Commission, with the exception of those spaces removed specifically to create access to a parking
facility; and
WHEREAS, on October 27, 201 0, the full City Commission ratified this directive from the
LUDC through approval of the LUDC Committee report on the Consent Agenda.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION I. Chapter 106, "Traffic and Vehicles," Article II, "Metered Parking," Division I,
"Generally," Section 106-55, "Parking Rate Fees, and Penalties," Subsection (h)(2), "Permanent
Parking Space Removal" of the Code of the City of Miami Beach, Florida, is hereby amended, as
follows:
Chapter 106. Traffic and Vehicles
Set. 106-55. Parking rates, fees, and penalties.
(h) Permanent Parking Space or Loadinn Zone Removal:
(2) Permanent parking space removal or loadina zone space removal requests shall only
be allowed for the purpose of creatina access to an off-street parkina facility ae
E)*nnnl\r. The permanent removal of a parking space or loadina zone for
any other reason shall require a unanimous (717) approval from the entire City
Commission. The fee for the permanent removal of a parking space shall be the
same rate as the parking impact fee, or $35,000.00 per space, whichever is greater.
SECTION 2. CODIFICATION.
It 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 "ordinanceJ' may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
Underscore denotes new language
denotes deleted language
01/05/2011
MIAMIBEACH I
CITY OF MIAMI BEACH A
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that secorid readings.and public hearings will be
held by the Mayor and City Commission of the City of Miami Beach, Florida,
in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wednesday, January 19, 2011, to consider
the following:
10:20 a.m.
Roofing Materials
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts
And Regulations", Article IV, "Supplementary District Regulations ", Section
142-875 "Roof Replacements" To Modify And Expand The Requirements For
Roofing Materials In All Districts. I I Inquiries may be directed to the Planning Department (305) 673-7550. I
10:25 a.m.
Lincoln Road Sign District
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 138, Entitled "Signs". ,
By Amending Article V, Entitled "Sign Regulations By -Districtn, By Amending
Section 138-1 73 To Modify The Requirements For The Lincoln Road Signage
District1 O:25 a.m. // I Inquiries may be directed to the Planning Department (305) 673-7550. I
10:30 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 106, "Traffic And Vehicles," Article II, "Metered Parking," Division 1,
"Generally" Section 106-55 (h)(2), "Permanent Parking Space Removal" To
Amend The Criteria And Procedure For Permanent Parking Space . Or -, Loading
Zone Removal.
( ( Inquiries may be directed to the Parking Department (305) 673-7275. I
INTERESTED PARTIES are invited to appear at this meeting or be represented
by an agent or to express their views in writing addressed to the City Commission
C/O the City Clerk, 1700 Convention Center Drive, 1"' Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be opened and continued and under
such circumstances additional legal notice would not be provided. .
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.01 05, FL Statutes, the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
I This notice does not constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
In'accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding, or to request information
on access for persons with disabilities, or to request this publication in accessible
format, or to request sign language interpreters, should contact the City Clerk's
office at (305) 673-741 1, no later than four days prior to the proceeding. If hearing
impaired, contact the City Clerk's office via the Florida Relay Service numbs c.
" * .- ,- .?<+ (800):955-87371 0 or (800) 955-8770 ~O1~s#,#f;ui;;r a ;l.s&-M
IIB.i*." *x4*L. -.
COMMISSION ITEM SUMMARY
Condensed ~it(e: I Alton Road Historic District Buffer Overlay zoning district I
Key Intended Outcome Supported:
Maintain strong growth management policies; Protect historic building stock
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the
City in this area.
Issue: - - - -- - -
Shall the Mayor and City Commission open and continue the first reading public hearing, pending a
recommendation from the Land Use and Development Committee?
Item SummarylRecommendation:
The Administration recommends that the Mayor and City Commission open and continue the first
reading public hearing to the February 9, 201 1 meeting.
During the November 17,2010 City Commission meeting, the Mayor and Commission continued the
first reading public hearing to the January 19, 201 1 Commission meeting and referred the Alton Road
Historic Buffer Overlay District to the Land Use and Development Committee for further discussion. On
December 13,2010 the Land Use and Development Committee heard public testimony and discussed the
proposed ordinance; then they continued the discussion to their next meeting on January 31, 201 1.
The proposed zoning overlay district will modify the existing CD-2 Commercial Medium Intensity district
that is adjacent to lower intensity RS-4 and RM-1 residential buildings in the Flamingo Park historic district
and the Palm View historic district on the east side of Alton Road between 6 St and Dade Blvd. The overlay
district regulations are intended to achieve a more compatible relationship of scale and massing between
the Alton Road corridor and the adjoining residential neighborhoods, to promote mixed-use development
that makes efficient use of parking, to minimize the concentration of impacts from intense retail and
restaurant development and to encourage smaller neighborhood-oriented uses.
The proposed overlay district will eliminate the .5 FAR bonus for residential uses, regulate building form
through changes to height and setbacks, introduce certain restrictions on the size and location of
commercial uses, and regulate lots containing contributing buildings in the historic district.
Advisory Board Recommendation:
Plannins Board Action: November 17,2009 recommended approval as amended by a vote of 5 to 0
April 27, 201 0 recommended approval as amended by a vote of 5 to 0.
August 24, 2010 motion to recommend approval as amended failed by a vote of 3 to 2.
I I
Total I
Financial Information:
I I I
Financial Impact Summary: This ordinance is also expected to generally enhance property values
throughout the neighborhood by permitting appropriately scaled infill development and by encouraging
the development of smaller, locally oriented businesses..
City Clerk's Office Legislative Tracking:
Joyce Meyers, Planning Department
Account Amount
NIA
Source of
Funds:
3
I
2
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
MEMO # COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Comysion
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1
zoning district
SUBJECT: FIRST READING PUBLIC HEARING -Alton Road Historic District Buffer Overlay
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8
"ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING
SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859
"DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS
REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING
HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;-DEMOLITION OR
ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND
LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS,
BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE
APPROVAL OF SUCH USES IN EXCESS OF 20,000 SQ. FT.; AND PROHIBITING
ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN
AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission open and continue the
first reading public hearing to the February 9, 201 1 meeting.
BACKGROUND
In the Summer of 2006 the Historic Preservation Board initiated the westward expansion of the
Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6th
Street and 14'~ Street in order to protect the character of the adjacent National Register Historic
District as well as the historically significant but yet unprotected properties along this stretch of
Alton Road. It was noted by the board that recent commercial development trends along Alton
Road could significantly adversely impact the quality of life and historic integrity of the National
Register Historic District thereby undermining the cultural tourism appeal and quality of life of the
city.
At the same time the Historic Preservation Board requested the Planning Department to initiate
a major planning study of the Alton Road Corridor, including both sides of the road between 5th
Street and Michigan Avenue, which should include an analysis and evaluation of existing uses
Alton Road Historic District Buffer Overlay
January 19,201 1
Page 2 of 8
and conditions, historically significant properties, permitted building heights, allowable FAR,
parking conditions and requirements, the efficacy of current zoning, and the character of the
public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality
of landscape.
The board further requested that the Planning Department organize and advertise a series of
community planning workshops, inviting members of the Historic Preservation Board and the
Planning Board, in order to gain public input and insight from local business owners and
residents so that the Department might develop a comprehensive set of planning and zoning
recommendations for future development and preservation along the corridor that would enable
healthy future growth and development without overwhelming or adversely impacting the historic
character of the area.
On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592,
expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton
Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City
Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo
Park Historic District westward expansion to Alton Road between 6 Street and 8 Street
The Planning Department conducted an analysis of existing conditions, issues and opportunities
in the Alton Road corridor and held a community planning workshop on August 20, 2008 to
receive community input on land use, zoning, business development, parking, transit and
pedestrian/bicycle amenities. On January 27, 2009, the Planning Department presented
preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to
the Planning Board. On February 26, 2009, the Planning Department and the Planning Board
held a second community planning workshop on the Alton Road Neighborhood Planning Study
to receive community input. Both community planning workshops were advertised by mailed
notice to propertyowners, newspaper notice, and City email newsletters.
On March 2, 2009, the Land Use and Development Committee adopted a motion directing the
Planning Department to prepare an ordinance that would rezone the east side of Alton Road
between 6 Street and 16 Street from the CD-2 district to the CD-1 district, and to review the uses
and to the extent that there is a floor area incentive for mixed-use buildings, require that the
additional FAR be set aside for affordable or workforce housing, and to refer the item to the
Planning Board. On March 18, 2009, the Mayor and City Commission discussed the motion
from the Land Use and Development Committee and clarified their intent to consider other
options, including an overlay district that would remove the floor area ratio incentive for mixed-
use projects.
During the Planning Board meetings on April 21,2009, May 26,2009 and August 25,2009, the
Planning Department staff held additional detailed discussions with the Board on the proposed
zoning modifications for the east side of Alton Road in the Flamingo Park Historic District. The
proposed Alton Road- Historic District Buffer Overlay is the result of those discussions.
On October 27,2009, the Planning Board held a public hearing on the proposed overlay district
and heard testimony from residents who were unhappy with some aspects of the draft
ordinance. The Planning Board continued the hearing to the November 17 meeting and asked
staff to meet with the concerned residents to try to resolve their issues. The Planning
Department held two meetings with the residents on October 30 and November 9, 2009. The
public hearing at the Planning Board meeting on November 17, 2009 resulted in several
additional amendments to the proposed ordinance. The Planning Board recommended approval
of the amended overlay district by a vote of 5 to 0.
Alton Road Historic District Buffer Overlay
January 19,201 1
Page 3 of 8
Subsequently, the Administration made a determination that the amendments added to the
ordinance during the November 17'~ public hearing, specifically amendments dealing with land
use restrictions, may require a different type of notice to property owners than was provided for
the previous public hearings. To avoid any legal challenges, the overlay district was brought
back to the Planning Board in the same form as it was approved in November, 2009, with 30-day
notice mailed to all property owners in and within 375 feet of the proposed overlay district.
On February 25, 2010, the Land Use and Development Committee discussed the proposed
Alton Road Historic District Buffer Overlay. The Committee recommended that the ordinance be
approved, and indicated that it does not need to come back to them unless there is a major
material change made by the Planning Board.
On April 27,201 0, the Planning Board held a second public hearing on the proposed Alton Road
Historic District Buffer Overlay district after the required 30-day mailed notice. The Planning
Board voted 5 - 0 to recommend approval of the ordinance with an amendment that deleted the
"no variances" provision. Subsequently, at their meeting on May 25,201 0, the Board voted 3 - 2
to reconsider their recommendation and to schedule the item Rr rehearing.
On August 24,201 0, the Planning Board held a third public hearing on the proposed Alton Road
Historic District Buffer Overlay district after the required 30-day mailed notice. Based on
objections from commercial property owners who were not present during the first two hearings,
the Board voted separately on each of several amendments to the ordinance. Individual
amendments that were approved by the Planning Board have been incorporated into the
ordinance. However, a final vote to recommend approval of the entire ordinance, as amended,
failed by a vote of 3-2 (four affirmative votes are required to approve a request before the board
that requires City Commission approval).
On November 1, 2010, the Administration hosted a meeting between attorneys representing
certain property owners who objected to the ordinance and representatives from the
neighborhoods in an attempt to forge a compromise on several limited points of disagreement.
As a result of that meeting, the Administration is proposing an alternate version of the ordinance
that we believe satisfies the most critical objections from both sides; while at the same time it
represents sound planning principles and the interests of the city-at-large. A summary chart of
the disputed issues and proposed changes to the ordinance is enclosed as Attachment A, and
each issue is discussed in the analysis below.
During the November 17,201 0 City Commission meeting, the Mayor and Commission continued
the first reading public hearing to the January 19, 201 1 Commission meeting and referred the
Alton Road Historic Buffer Overlay District to the Land Use and Development Committee for
further discussion. On December 13, 2010 the Land Use and Development Committee heard
public testimony and discussed the proposed ordinance; then they continued the discussion to
their next meeting on January 31, 201 1.
ANALYSIS
The purpose of the Alton Road - Historic District Buffer Overlay District is to minimize the
impacts of development along Alton Road on residential properties located in the Flamingo Park
Historic District and the Palm View Historic District. Specifically the overlay district is intended to
apply to properties zoned CD-2 Commercial Medium Intensity that are adjacent to lower intensity
RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district
regulations are intended to achieve a more compatible relationship of scale and massing
Alton Road Historic District Buffer OverJay
January 19, 201 1
Page 4 of 8
between the Alton Road corridor and the adjoining residential neighborhoods.
The locations of the proposed overlay district are as follows (see also attached map):
Area 1 includes those properties fronting on the east side of Alton Road from 6 Street to 11
Street. Existing zoning is CD-2 adjacent to RM-1 in the Flamingo Park Historic District.
Area 2 includes those properties fronting on the east side of Alton Road from 14 Street to 15
Street. Existing zoning is CD-2 adjacent to RS-4 in the Flamingo Park Historic District.
Area 3 includes those properties fronting on the east side of Alton Road from 17 Street to the
Collins Canal, except for the corner property adjacent to 17 Street. Existing zoning is
CD-2 adjacent to RS-4 in the Palm View Historic District.
The proposed ordinance limits the floor area ratio (FAR) to a maximum of I .5 by removing the
existing bonus of .5 FAR for mixed-use buildings. This will make new construction along Alton
Road more compatible in scale and intensitywith the adjoining historic neighborhood zoned RM-
1, which has existing buildings that range from 0.5 to 1.25 FAR with a few scattered sites over
1.25 FAR. During the planning process, various alternatives were considered, including down-
zoning from CD-2 to CD-1, which has a maximum FAR of 1.0 with a mixed-use bonus of .25
FAR. After much discussion and analysis, it was ultimately decided that 1.5 FAR is suitable for
Alton Road development. This is based on manyfactors, including the importance of Alton Road
as a commercial corridor and the existing bus and potential future transit linkages (e.g. Bus
Rapid Transit). From an urban design viewpoint, the proposed overlay district forms a gradual
stepping up of the intensity from RM-1 on the residential neighborhood to the east, to a
maximum of 1.5 FAR on the east side of Alton Road, to a maximum of 2.0 FAR on the west side
of Alton Road, to a maximum of 2.25 FAR (2.75 for large lots) on the Bayfront in RM-3.
However, it must be noted that FAR alone does not define the building envelop that is necessary
to assure compatibility with the historic district. The height and setback regulations described
below are also necessary to achieve this goal.
Another alternative that was discussed during the planning process was to keep a FAR bonus
for residential uses in a mixed-use building, but to make the bonus an incentive to provide
affordable or workforce housing. The Planning Board did not support this recommendation due
to their consensus to limit FAR to a maimum of 1.5.
The maximum building height in the Planning Board recommended ordinance is 43 feet along
Alton Road and a maximum of 23 feet in the rear portion of the lots within 50 feet from the rear
property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-I district for
blocks with no alley between 8 Street and 11 Street. The 23 feet height limit in the rear of the
lots is based upon maintaining consistency with the predominant 2-story height of existing
buildings in the RM-1 district. For lots adjoining single family districts, the 23 feet height limit will
also ensure a compatible transition in the rear portion of the commercial property. The
administration has an alternative recommendation for maximum building height of 50 feet along
the front portion of the lots fronting Alton Road and 28 feet in the rear portion of the lots. This
change is based upon information supplied by property owners concerning industry standards
for minimum ceiling heights in new retail, restaurant and office buildings. However, this
recommendation is subject to building separation requirements for larger site development (see
below) to prevent monolithic buildings at 50 feet height.
The building height limitations in the proposed overlay district are coupled with rear yard
setbacks to achieve the appropriate buffer between the RM-llRS-4 districts and the CD-2
district. Proposed minimum building setbacks in the rear yard are 25 feet for lots with no alley
and 5 feet for lots with an alley. The existing CD-2 and CD-1 zoning districts have a 5 feet
Alton Road Historic District Buffer Overlay
January 19, 201 1
Page 5 of 8
minimum rear setback irrespective of whether there is an alley (20 feet width) to provide
adequate separation between the buildings.
The overlay..district proposes a minimum 5 feet setback on the front and side facing a street.
This is necessary to provide adequate pedestrian circulation space to support alternative modes
of transportation and sustain a vibrant commercial district.
The overlay district as amended by the Planning Board has no minimum interior side yard
setback, nor does it have provisions for building separation, lot aggregation or view corridors on
larger lot assemblages. Instead, the Planning Board version of the ordinance contains language
requiring architectural treatments on the fa~ades of buildings to be reflective of the 50 feet wide
lot development pattern that is predominant in the historic district. This could be accomplished
by such things as small variations in setbacks, window placement, or vertical and horizontal
design elements on the fa~ade, subject to design review. This was the recommendation of the
Planning Board in November 2009 following extensive workshop discussions wherein the
Planning Department staff had recommended various formulas for requiring a complete physical
separation between adjacent buildings on the upper stories above ground level retail. The intent
was to prevent a continuous wall of 40-50 feet tall buildings that would be inconsistent with the
small lot development pattern of the historic residential neighborhoods. The current
recommendation from the Administration is retain the language developed by the Planning
Board with the clarification of "east and west" facades, and to add a paragraph requiring building
separation under limited circumstances as follows: "Any development greater than 43 feet in
height on a lot with more than 150 linear feet of frontage along Alton Road shall have a
separation between all portions of the structure above a height of 28 feet, so that there is a
minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along
the Alton Road corridor".
The overlay district contains 9 contributing buildings in the Flamingo Park Historic District.
Those contributing buildings are proposed to be subject to two of the same conditions applied to
historic buildings in the adjoining RM-1 zoning district. Those include a prohibition on demolition
of architecturally significant portions of the building and prohibition of building within a historic
courtyard.
Residents of the Flamingo Park neighborhood were concerned about impacts of noise and
traffic from intensive commercial uses. Therefore, the proposed overlay district modifies the
underlying CD-2 land uses in several ways. One of them is by prohibiting retail uses,
restaurants, bars, entertainment establishments and similar uses at any level above the ground
floor. An exception is provided for loft or mezzanine within the interior of a ground floor
commercial space, provided that the loft or mezzanine does not exceed one third of the floor
area of the store. Based upon objections from property owners, the current Administration
recommended ordinance deletes the language limiting the loft or mezzanine to one third of the
floor area, and replaces it with language permitting "a second floor within a ground floor
commercial space, if it functions as one single contiguous establishment and is only accessible
to the public through the contiguous ground floor commercial space." This would allow two full
floors inside any given retail store, similar to CB2 or Borders book stores, but it would not allow
multilevel shopping centers.
No alcoholic beverage establishment, entertainment establishment or restaurant may be
licensed as a main permitted or accessory use in any open area above the ground floor (any
area that is not included in the FAR calculations) or at ground level in any open area within 125
feet of a residential district, except that residents of a multifamily (apartment or condominium)
building or hotel guests may use these areas, which may include a pool or other recreational
Alton Road Historic District Buffer Overlay
January 19,201 I
Page 6 of 8
amenities, for their individual, personal use with appropriate buffering as determined by the
Planning Department or applicable land use board with jurisdiction. No variance to this provision
would be permitted.
In accord with the objective of encouraging locally oriented retail and service uses that are
compatible in scale and character with the historic districts, the overlay district requires
conditional use approval for any individual retail, restaurant, bar, entertainment establishment or
similar establishment in excess of a certain size threshold. The Planning Dept. conducted a
detailed survey of businesses in the Alton Road corridor and determined that a threshold of
5,000 sq. ft. generally separates businesses that primarily serve the neighborhood population
from businesses that primarily serve the entire city and beyond. To provide a generous margin of
error, staff doubled the recommended threshold to 10,000 sq. ft. for conditional use approval.
The Planning Board changed the conditional use threshold from 10,000 sq. ft. to 20,000 sq. ft.
by a 4-2 vote at their meeting on August 24,201 0, based upon objections from property owners.
The Administration's recommendation is to keep the original threshold of 10,000 sq. ft. per
establishment for conditional use approval based upon the analysis conducted by the Planning
Department.
A majority of the discussions during the community workshops and Planning Board meetings
centered upon the blocks between 6th and 1 Ith Streets. However, it was noted that there is an
incompatible scale relationship between the CD-2 zoning district and adjoining RS-4 single
family zoning districts located in the 1400 block and the 1700 block. Down-zoning to CD-1 was
considered for these two blocks, but the Planning Department recommends that the proposed
overlay district will provide a more effective buffer than CD-1 due to the height and setback
regulations in the overlay district. At their August 24,201 0 meeting, the Planning Board voted 5-
1 to remove lots 15 and 16 from the overlay district (northeast corner of 17 Street and Alton
Road).
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall
consider the long-term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration evaluated the long-term economic impact (at least 5
years) of this proposed legislative action, and determined that there will be no measurable
impact on the City's budget. By nature, a zoning district amendment does not have direct costs
to the City, but it may affect long term revenue from property tax, sales tax and other revenue
streams. Although some property owners have argued that the proposed overlay zoning will
diminish their property values, the Administration believes that this is claim is highly speculative,
especially if the Administration's alternate ordinance is adopted. The Administration's proposal
would preserve all of the most valuable development rights on each parcel, with the exception of
removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a
bonus and not as-of-right floor area, it is difficult to say whether any real development would be
sacrificed. There are no existing buildings in the district that have used this bonus.
Counterbalancing any potential loss of development rights on private property is the companion
ordinance creating Parking District #5, which will reduce minimum parking requirements thereby
creating significant savings to private property owners in the cost of providing parking spaces.
This ordinance is also expected to generally enhance property values throughout the
neighborhood by permitting appropriately scaled infill development and by encouraging the
development of smaller, locally oriented businesses.
PLANNING BOARD ACTION
November 17.2009 recommended a~~roval as amended bv a vote of 5 to 0
April 27,201 0 recommended approval' as amended by a voie of 5 to 0.
Alfon Road Historic District Buffer Overlay
January 19,201 I
Page 7 of 8
August 24, 2010 motion to recommend approval as amended failed by a vote of 3 to 2.
CONCLUSION
The Administration recommends that the Mayor and City Commission open and continue the
item to a date certain of February 9, 201 1.
T:WGENDA\2011\1-19-11Wlton Rd Historic Buffer Overlay memo.doc
Alfon Road Historic Disfricf Buffer Overlay
January 19, 201 1
Page 8 of 8
Proposed Alton Road Historic District Buffer Overlay
Proposed Alton Road Historic District Buffer Overlay
Planning Board Recommendation
Lots abutting an alley:
Rear yard 5 feet setback
Existing CD-2 zoning
Max FAR 1.5 with .5 bonus for mixed use
Max height 50 ft. and 5 stories
Rear setback 5 ft. with alley and 10 ft. without
alley
50 feet rear setback above a height of 23 feet
Proposed overlay modifications
Max FAR 1.5
Max height 43 ft. and 4 stories
See below
Lots with no alley (8 St. to 1 1 St.):
Rear yard 25 feet setback
60 feet rear setback above a height of 23 feet
Proposed Alton Road Historic District Buffer Overlay
Comparison: Planning Board and Administration
Recommendations
Proposed AIton Road Historic District Buffer Overlay
Comparison: Planning Board and Administration
Recommendations
Eye level looking west from rear yard of 926 Lenox Eye level looking west from rear yard of 932 Lenox
Proposed Alton Road Historic District Buffer Overlay
Comparison: Planning Board and Administration
Recommendations
View from first floor
apartment window
View from 2nd floor
apartment window
View from second floor
apartment window with
building separation
Proposed Alton Road Historic District Buffer Overlay
Comparison: Planning Board and Administration
Recommendations
View looking east shows required side setbacks on buildings over 43 ft. high and 50 ft.
intervals where the front and rear facades must have architectural differentiation.
Eye level looking west from rear yard of 926 Lenox Eye level looking west from rear yard of 932 Lenox
Same views as above with mature 40 ft high trees
Proposed Alton Road Historic District Buffer Overlay
1400 Block - alley between CD-2 & single family
Development potential on CVS Pharmacy site
Eye level looking west from rear yard of 1410 Lenox Eye level looking west from rear yard of 1414 Lenox
ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY - ANALYSIS OF DISPUTED ISSUES Existing CD-2 zoning FAR 1.5 plus .5 bonus for residential uses Residents' concerns FPNA recommended down- zoning to CD-1 which has FAR 1 .O and .25 FAR bonus for residential uses. Rationale: 2.0 FAR buildings are too massive to be compatible with the scale of the historic district stories zoning to CD-1 which has a height limit of 40 feet or 4 stories. Subsequently, all residents agreed to the Planning Board recommendation of 43 feet along Alton Road and 23 feet in the rear 50-60 feet of the property. Rationale: 50 feet is too high to be compatible with 1 and 2 story buildings in the historic district, particularly where large sites are assembled. Property Owners' concerns Opposed to losing .5 FAR residential bonus Rationale: diminishes property rights, and is not conducive to development of a major urban commercial corridor. 50 feet height is required along the Alton Road frontage to build ground floor retail with 3 stories of other uses on upper floors. The rear 50-60 feet of the lot needs to be minimum 28-35 feet in height to provide ceiling height for ground floor retail plus one level of parking Planning Board recommendation Remove .5 FAR residential bonus I Maximum building height 43 feet and a maximum of 4 stories, except that building height shall be limited to 23 feet within 50 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM- 1 district for blocks with no alley. Administration recommendation Remove .5 FAR residential bonus Rationale: Removing the bonus makes the building more compatible in scale, and keeping the base FAR 1.5 gives flexibility to develop commercial or residential uses. Same as Planning Board except increase 43 feet to 50 feet and increase 23 feet to 28 feet, with no height variances for height or setbacks. Rationale: Upon further analysis of industry standards for ceiling heights, staff agrees with 50 feet and 28 feet maximums. However, this is subject to building separation requirements for larger site development (see below) to prevent monolithic buildings at 50 feet height. Page 1 of 3
ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY - ANALYSIS OF DISPUTED ISSUES Existing CD-2 I Residents' concerns zoning Building separation - for residential use, sum of the side yards shall equal 16% of the lot width minimum 7.5 ft; otherwise none required 2-story retail - not regulated in CD-2 Recommend same as for RM-1 in Flamingo Park historic district: "No more than 2 contiguous lots may be aggregated for development purposes" Rationale: This follows the same small lot development pattern as the historic district and most existing buildings along Alton Road and prevents large monolithic buildings Opposed to 2-story retail in the form of multilevel shopping centers such as 5Ih and Alton. Rationale: Higher intensity aggregations of retail uses are not compatible with the residential I Property Owners' I Planning Board 1 Administration concerns Opposed to building separation requirements but do not object to the architectural differentiation recommended by the Planning Board Advocate for 2 levels of retail space internal to a single store such as in CB2 or typical Borders book stores recommendation The facades of any building constructed on more than 50 linear feet of frontage along Alton Road shall be divided into segments with building massing and architectural treatments intended to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district Retail uses, restaurants, bars, entertainment establishments and similar uses shall not be permitted at any level above the ground floor, except that a loft or mezzanine containing these uses may be permitted within the interior of a ground floor commercial space provided that the total floor area of any such loft or mezzanine does not exceed onethird the total floor area in that room in which the loft space or mezzanine is located. This subsection shall not apply to existing and proposed retail uses in existing buildings. recommendation Clarify the Planning Board language by inserting "east and west" facades; and also add "Any development greater than 43 feet in height on a lot with more than 50 linear feet of frontage along Alton Road shall have a separation between all portions of the structure above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150linear feet along the Alton Road corridor." See attached graphic. Recommend the following alternative language, "...except that a second floor within a ground floor commercial space may be permitted within the interior premises of a multistory building if it functions as one single contiguous establishment and is only accessible to the public through the contiguous ground floor commercial space." Rationale: This change will permit the internal 2-story retail advocated by the property owners without allowing more intense multilevel shopping centers which the residents oppose. This is subject to reducing the size of the threshold for individual commercial businesses requiring conditional use approval. Page 2 of 3
ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY - ANALYSIS OF DISPUTED ISSUES - - - - - ITEMS WITH CONSENSUS AMONG ALL GROUPS Boundaries of the overlay district (although some residents of Palm View may not agree with omitting the corner of 17 St. and Alton Road) Maximum 4 stories = Rear step back of buildings above the first two stories - 50 with alley and 60 feet with no alley All minimum setbacks - front 5 ft, side facing street 5 ft., interior side 0 ft., rear 5 ft. with alley and 25 ft. with no alley Regulations for lots containing contributing historic buildings = Prohibition on alcoholic beverage, entertainment or restaurant uses in any open area above the ground floor, no variances for these Page 3 of 3 Existing CD-2 zoning Conditional uses - size of individual establishments not regulated in CD-2 Planning Board recommendation Any individual retail, restaurant, bar, entertainment establishment or similar establishment in excess of 20,000 square feet, inclusive of outdoor seating areas, shall require conditional use approval. Administration recommendation Keep the original recommended threshold of 10,000 sq. ft. per establishment for conditional use approval. Rationale: The Planning Dept. conducted a detailed survey of businesses in the Alton Road corridor and determined that a threshold of 5,000 sq. ft. generally separates businesses that primarily serve the neighborhood population from businesses that primarily serve the entire city and beyond. To provide a generous margin of error, staff doubled the recommended threshold to 1 0,000 sq. ft. Residents' concerns Opposed to destination- type commercial uses on the east side of Alton Road. Rationale: Uses that attract a majority of their customers from outside the neighborhood will add to traffic congestion, parking needs and other externalities that will negatively impact the residential character of the historic district. Residents support the requirement for businesses above 10,000 sq. ft. to get conditional use approval from the Planning Board. Property Owners' concerns Opposed to conditional use approval based on size of establishments, but satisfied with a compromise with the Planning Board to raise the threshold from 10,000 sq. ft. to 20,000 sq. ft.
Administration Recommendation
11/17/2010
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill,
"OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -
HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING
SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION
142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG
OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA
RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS;
BUILDING SEPARATION; DEMOLITION OR ADDITIONS TO
CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND
LAND USE REGULATIONS FOR LOCATION OF RETAIL USES,
RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS,
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES;
REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN
EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC
BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN
AREAS WITH EXCEPTlbNS AS PRESCRIBED IN THE
ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, In the summer of 2006, the Historic Preservation Board initiated
the westward expansion of the Flamingo Park Local Historic District to the east right-
of-way line of Alton Road between 6 Street and 14 Street, and requested the
Planning Department to initiate a major planning study of the Alton Road corridor,
including both sides of the road between 5 Street and Michigan Avenue, to include
an analysis and evaluation of existing uses and conditions, historically significant
properties, permitted building heights, allowable FAR, parking conditions and
requirements, the efficacy of current zoning, and the character of the public right-of-
way with regard to pedestrian amenities, convenient means of transit, and quality of
landscape.
WHEREAS, on January I, 2008, the Mayor and City Commission approved
Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic
District westward expansion to Alton Road between 8 Street and 14 Street; and
WHEREAS, the Planning Department conducted an analysis of existing
conditions, issues and opportunities in the Alton Road corridor and held a
community planning workshop on August 20, 2008 to receive community input on
land use, zoning, business development, parking, transit and pedestrianlbicycle
amenities; and
Administration Recommendation
11/17/2010
WHEREAS, on January 27, 2009, the Planning Department presented
preliminary findings and recommendations for the Alton Road Neighborhood
Planning Study to the Planning Board; and
WHEREAS, on January 28, 2009, the Mayor and City Commission approved
Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic
District westward expansion to Alton Road between 6 Street and 8 Street; and
WHEREAS, on February 26, 2009, the Planning Department and the
Planning Board held a second community planning workshop on the Alton Road
Neighborhood Planning Study to receive community input; and
WHEREAS, on March 2, 2009, the Land Use and Development Committee
adopted a motion directing the Planning Department to prepare an ordinance that
would rezone the east side of Alton Road between 6 Street and 16 Street from the
CD-2 district to the CD-1 district, and to review the uses and to the extent that there
is a floor area incentive for mixed-use buildings, require that the additional FAR be
set aside for affordable or workforce housing, and to refer the item to the Planning
Board; and
WHEREAS, on March 18, 2009, the Mayor and City Commission discussed
the motion from the Land Use and Development Committee and clarified their intent
to consider other options, including an overlay district that would remove the floor
area ratio incentive for mixed-use projects; and
WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the
Planning Board held additional detailed discussions on the proposed zoning
modifications for the east side of Alton Road in the Flamingo Park Historic District;
and
WHEREAS, the proposed "Alton Road - Historic District Buffer Overlay"
district responds to concerns expressed by the Planning Board, the Land Use and
Development Committee and local residents by requiring among other things, a
more compatible relationship of scale and massing between new development along
the east side of the Alton Road corridor and the adjoining residential neighborhoods,
by promoting mixed-use development that makes efficient use of parking, by
minimizing the concentration of impacts from intense retail and restaurant
development and by encouraging smaller neighborhood-oriented uses.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I. Chapter 142 of the City Code, entitled "Zoning Districts and
Regulations," Article Ill, "Overlay Districts," Division 8 "Alton Road - Historic District
Buffer Overlay" is hereby created as follows:
Administration Recommendation
1111 71201 0
DIVISION 8. ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY
Sec. 142-858. Location and purpose.
(a) The regulations of this division shall applv to properties within the followinq
boundaries, which shall be known as the Alton Road - Historic District Buffer
Overlav.
/I) Area 1 shall be those properties fronting on the east side of Alton Road
from 6 Street to 11 Street, more specificallv described as Lots 9 thru
16, Block 105 and Lots 9 thru 16, Block 106, OCEAN BEACH, FLA.
ADDITION N03, Plat Book 2, Page 81, Public Records of Miami-Dade
Countv, Florida.
TOGETHER WITH:
Lots 6 thru 10, Block 122, Lots 7 thru 12, Block 123, and Lots 7 thru
12, Block 124, all in LENOX MANOR, Plat Book 7, Page 15, Public
Records of Miami-Dade Countv, Florida.
12) Area 2 shall be those properties fronting on the east side of Alton Road
from 14 Street to 15 Street, more specificallv described as Lots 13 thru
24, Block 109, OCEAN BEACH, FLA. ADDITION N03, Plat book 2,
Page 81, Public Records of Miami-Dade Countv, Florida. --
TOGETHER WITH:
Lots 3, and 4, Block 68, COMMERCIAL SUBDIVISION OF THE
ALTON BEACH REALTY COMPANY, Plat Book 6, Page 5, Public
Records of Miami-Dade Countv, Florida.
/3) Area 3 shall be those properties fronting on the east side of Alton Road
from 17 Street to the Collins Canal, more specificallv described as Lots
10 thru 14, Block 18. FIRST ADDITION TO COMMERCIAL
SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, Plat
Book 6, Page 30, Public Records of Miami-Dade Countv, Florida.
(b) The purpose of this overlav district is to minimize the impacts of development
along Alton Road on residential properties located in the Flamingo Park
Historic District and the Palm View Historic District. Specificallv the overlav
district is intended to apply to properties zoned CD-2 Commercial Medium
lntensitv that are adjacent to lower intensitv RS-4 and RM-I residential
buildings in designated local historic districts. The overlav district regulations
are intended to achieve a more compatible relationship of scale and massing
between the Alton Road corridor and the adioining residential neighborhoods,
to promote mixed-use development that makes efficient use of parking, to
minimize the concentration of impacts from intense retail and restaurant
development and to encourage smaller neighborhood-oriented uses.
Administration Recommendation
11/17/2010
Sec. 142-859. Develo~ment regulations.
The following overlav regulations shall apply within the Alton Road - Historic District
Buffer Overlav District. All development regulations applicable to andlor in the
underlving zoning district shall applv, except as follows:
la) Maximum FAR. The maximum floor area ratio (FAR) in this overlay district
shall be 1.5. The floor area ratio provision for mixed use buildings in section
142-307(d)(2) shall not applv in this overlay district.
(b) Maximum building height. The maximum building height in this district shall be
50 feet and a maximum of 4 stories, except that building height shall be
limited to 28 feet within 50 feet from the rear property line for lots abutting an
allev (Lenox Court) and within 60 feet from the RM-1 district for blocks with no
allev between 8 Street and 11 Street. There shall be no variances for building
height.
{c) Minimum setbacks.
11) Front - 5 feet.
12) Side facinq a street - 5 feet.
13) Interior side - 0 feet.
4 Rear - for lots with a rear propertv line abutting an RM-1 or an RS-4
district the rear yard setback shall be a minimum of 25 feet: for lots
with a rear propertv line abutting an allev (Lenox Court) the rear
setback shall be a minimum of 5 feet: otherwise the rear setback shall
be a minimum of 7.5 feet.
(5) There shall be no variances for building setbacks, except for trianqular
lots. -
[d) Building separation:
11) The east and west facades of any building constructed on more than
50 linear feet of frontage along Alton Road shall be divided into
segments with building massing and architectural treatments intended
to be reflective of the 50 feet wide lot development pattern that is
predominant in the historic district.
12) Anv development greater than 43 feet in height on a lot with more than
150 linear feet of frontage along Alton Road shall have a separation
between all portions of the structure above a height of 28 feet, so that
there is a minimum 15 feet wide view corridor running from east to
west at least everv 150 linear feet along the Alton Road corridor.
Administration Recommendation
11/17/2010
(e) The following regulations shall apply to lots containing contributing buildings
in the Flamingo Park Historic District within the Alton Road - Historic District
Buffer Overlay.
(1) Onlv those portions of a contributing building that were not part of the
original structure on site, or that have not acquired anv type of
architectural significance, as determined by staff or the historic
preservation board, rnav be issued a Certificate of Appropriateness for
demolition.
(2) For contributing buildings or properties, no building or structure shall
be permitted within an existing historic courtvard. For purposes of this
subsection, an historic courtvard shall be defined as a grade level
space, open to the skv, which is enclosed on at least two sides bv an
existing building or structure on the same propertv and is an
established architectural or historic component of the site or buildinq
design bv virtue of significant features andlor finishes, including. but
not limited to, paving patterns, fountains, terraces, walkwavs or
landscaping.
(0 Land Use: Main permitted uses, conditional uses and accessory uses shall be
permissible as set forth in the CD-2 district regulations, with the following
exceptions:
Retail uses, restaurants, bars, entertainment establishments and
similar uses shall not be permitted at anv level above the ground floor,
except that a second floor within a ground floor commercial space rnav
be permitted within the interior premises of a multistory building if it
functions as one single contiguous establishment and is onlv
accessible to the public through the contiguous qround floor
commercial space. This subsection shall not applv to existing and
proposed retail uses in buildings existing in this district as of the
effective date of this ordinance.
12) Anv individual retail, restaurant, bar, entertainment establishment or
similar establishment in excess of 10.000 square feet, inclusive of
outdoor seating areas, shall require conditional use approval. The
regulations in Chapter 142, Article V, Division 6, Entertainment
Establishments, shall continue to apply to uses in this overlav district.
(3) No alcoholic beveraqe establishment, entertainment establishment or
restaurant mav be licensed as a main permitted or accessory use in
anv open area above the ground floor (anv area that is not included in
the FAR calculations) or at ground level in anv open area within 125
feet of a residential district, except that residents of a multifamilv
(apartment or condominium) building or hotel wests rnav use these
areas, which rnav include a pool or other recreational amenities, for
Administration Recommendation
11/17/2010
their individual, personal use with appropriate buffering as determined
bv the Planning Department or applicable land use board with
jurisdiction. No variances to this provision shall be permitted.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered
or relettered to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. SEVERABILIN.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of I 20-.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
First Reading:
Second Reading:
FOR EXECUTION
Verified by:
Richard G. Lorber
Acting Planning Director
T:\AGENDA\2010\November InRegular\Alton Rd Overlay staff rec.Nov.2010 ord.doc
Administration Recommendation
11/17/2010
Map - Alton Road Historic District Buffer Overlay
Planning Board recommendation 8/24/2010
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8
"ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY," BY
INCLUDING SECTION 142-858 "LOCATION AND PURPOSE,"
AND SECTION 142-859 "DEVELOPMENT REGULATIONS,"
INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON
MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING
HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;
DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS
IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS
FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS,
ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC
BEVERAGE ESTABLISHMENTS AND SIMILAR USES;
REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES
IN EXCESS OF 20,000 SQ. FT.; AND PROHIBITING ALCOHOLIC
BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN
OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE
ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, In the summer of 2006, the Historic Preservation Board
initiated the westward expansion of the Flamingo Park Local Historic District to
the east right-of-way line of Alton Road between 6 Street and 14 Street, and
requested the Planning Department to initiate a major planning study of the Alton
Road corridor, including both sides of the road between 5 Street and Michigan
Avenue, to include an analysis and evaluation of existing uses and conditions,
historically significant properties, permitted building heights, allowable FAR,
parking conditions and requirements, the efficacy of current zoning, and the
character of the public right-of-way with regard to pedestrian amenities,
convenient .means of transit, and quality of landscape.
WHEREAS, on January 1, 2008, the Mayor and City Commission
approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo
Park Historic District westward expansion to Alton Road between 8 Street and 14
Street; and
WHEREAS, the Planning Department conducted an analysis of existing
conditions, issues and opportunities in the Alton Road corridor and held a
community planning workshop on August 20, 2008 to receive community input on
land use, zoning, business development, parking, transit and pedestrianlbicycle
amenities; and
Planning Board recommendation 8/24/2010
WHEREAS, on January 27, 2009, the Planning Department presented
preliminary findings and recommendations for the Alton Road Neighborhood
Planning Study to the Planning Board; and
WHEREAS, on January 28, 2009, the Mayor and City Commission
approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo
Park Historic District westward expansion to Alton Road between 6 Street and 8
Street; and
WHEREAS, on February 26, 2009, the Planning Department and the
Planning Board held a second community planning workshop on the Alton Road
Neighborhood Planning Study to receive community input; and
WHEREAS, on March 2, 2009, the Land Use and Development
Committee adopted a motion directing the Planning Department to prepare an
ordinance that would rezone the east side of Alton Road between 6 Street and
16 Street from the CD-2 district to the CD-1 district, and to review the uses and to
the extent that there is a floor area incentive for mixed-use buildings, require that
the additional FAR be set aside for affordable or workforce housing, and to refer
the item to the Planning Board; and
WHEREAS, on March 18, 2009, the Mayor and City Commission
discussed the motion from the Land Use and Development Committee and
clarified their intent to consider other options, including an overlay district that
would remove the floor area ratio incentive for mixed-use projects; and
WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the
Planning Board held additional detailed discussions on the proposed zoning
modifications for the east side of Alton Road in the Flamingo Park Historic
District; and
WHEREAS, the proposed "Alton Road - Historic District Buffer Overlay"
district responds to concerns expressed by the Planning Board, the Land Use
and Development Committee and local residents by requiring among other
things, a more compatible relationship of scale and massing between new
development along the east side of the Alton Road corridor and the adjoining
residential neighborhoods, by promoting mixed-use development that makes
efficient use of parking, by minimizing the concentration of impacts from intense
retail and restaurant development and by encouraging smaller neighborhood-
oriented uses.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIN
COMMISSION OF THE ClN OF MIAMI BEACH, FLORIDA:
Section 1. Chapter I42 of the City Code, entitled "Zoning Districts and
Regulations," Article Ill, "Overlay Districts," Division 8 "Alton Road - Historic
District Buffer Overlay" is hereby created as follows:
Planning Board recommendation 8/24/2010
DIVISION 8. ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY
Sec. 142-858. Location and purpose.
(a) The regulations of this division shall applv to properties within the followinq
boundaries, which shall be known as the Alton Road - Historic District
Buffer Overlav.
I Area 1 shall be those properties frontinq on the east side of Alton
Road from 6 Street to 1 I Street, more specificallv described as Lots
9 thru 16, Block 105 and Lots 9 thru 16, Block 106, OCEAN
BEACH. FLA. ADDITION N03, Plat Book 2, Page 81. Public
Records of Miami-Dade Countv. Florida.
TOGETHER WITH:
Lots 6 thru 10, Block 122, Lots 7 thru 12, Block 123
12, Block 124, all in LENOX MANOR, Plat Bo
, and Lots 7 thru
ok 7, Page 15, Public
Records of Miami-Dade Countv, Florida.
(2) Area 2 shall be those properties fronting on the east side of Alton
Road from 14 Street to 15 Street, more specific all^ described as
Lots 13 thru 24, Block 109, OCEAN BEACH, FLA. ADDITION N03,
Plat book 2, Page 81, Public Records of Miami-Dade County,
Florida.
TOGETHER WITH:
Lots 3, and 4, Block 68, COMMERCIAL SUBDIVISION OF THE
ALTON BEACH REALTY COMPANY, Plat Book 6, Page 5, Public
Records of Miami-Dade Countv, Florida.
(3) Area 3 shall be those properties fronting on the east side of Alton
Road from 17 Street to the Collins Canal, more specifically
described as Lots 10 thru 14. Block 18, FIRST ADDITION TO
COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY
COMPANY, Plat Book 6, Page 30, Public Records of Miami-Dade
Countv, Florida.
(b) The purpose of this overlav district is to minimize the impacts of
development along Alton Road on residential properties located in the
Flamingo Park Historic District and the Palm View Historic District.
Specificallv the overlav district is intended to applv to properties zoned
CD-2 Commercial Medium lntensitv that are adiacent to lower intensitv
RS-4 and RM-1 residential buildings in designated local historic districts.
The overlav district regulations are intended to achieve a more compatible
relationship of scale and massing between the Alton Road corridor and
the adioining residential neighborhoods, to promote mixed-use
development that makes efficient use of parking, to minimize the
concentration of impacts from intense retail and restaurant development
and to encourage smaller neighborhood-oriented uses.
Planning Board recommendation 8/24/2010
Sec. 142-859. Development regulations.
The following overlay regulations shall apply within the Alton Road - Historic
District Buffer Overlav District. All development regulations applicable to and/or in
the underlying zoning district shall apply, except as follows:
la) Maximum FAR. The maximum floor area ratio (FAR) in this overlay district
shall be 1.5. The floor area ratio provision for mixed use buildings in
section 142-307(d)(2) shall not applv in this overlay district.
Ib) Maximum building height. The maximum building height in this district
shall be 43 feet and a maximum of 4 stories, except that building height
shall be limited to 23 feet within 50 feet from the rear property line for lots
abutting an alley (Lenox Court) and within 60 feet from the RM-1 district
for blocks with no alley between 8 Street and 1 I Street.
lc) Minimum setbacks.
11) Front - 5 feet.
12) Side facing a street - 5 feet.
13) Interior side - 0 feet.
14) Rear - for lots with a rear propem line abutting an RM-1 or an RS-4
district the rear yard setback shall be a minimum of 25 feet; for lots
with a rear property line abutting an alley (Lenox Court) the rear
setback shall be a minimum of 5 feet; otherwise the rear setback
shall be a minimum of 7.5 feet.
id) Building separation: The facades of any building constructed on more than
50 linear feet of frontage along Alton Road shall be divided into segments
with building massing and architectural treatments intended to be
reflective of the 50 feet wide lot development pattern that is predominant
in the historic district.
le) The following regulations shall applv to lots containinq contributinq
buildings in the Flamingo Park Historic District within the Alton Road -
Historic District Buffer Overlav.
(1) Only those portions of a contributing building that were not part of
the original structure on site, or that have not acquired any type of
architectural significance, as determined by staff or the historic
preservation board, may be issued a Certificate of Appropriateness
for demolition.
(2) For contributing buildings or properties, no building or structure
shall be permitted within an existing historic courtvard. For
4
Planning Board recommendation 81241201 0
purposes of this subsection, an historic courtvard shall be defined
as a grade level space, open to the skv, which is enclosed on at
least two sides bv an existing building or structure on the same
propertv and is an established architectural or historic component
of the site or building design by virtue of significant features and/or
finishes, including, but not limited to, paving patterns, fountains,
terraces, walkwavs or landscaping.
In Land Use: Main permitted uses, conditional uses and accessorv uses
shall be permissible as set forth in the CD-2 district regulations, with the
following exceptions:
11) Retail uses, restaurants, bars, entertainment establishments and
similar uses shall not be permitted at anv level above the ground
floor, except that a loft or mezzanine containing these uses rnav be
permitted within the interior of a ground floor commercial space
provided that the total floor area of any such loft or mezzanine does
not exceed one-third the total floor area in that room in which the
loft space or mezzanine is located. This subsection shall not applv
to existing and proposed retail uses in buildings existing in this
district as of the effective date of this ordinance.
12) Anv individual retail, restaurant, bar, entertainment establishment or
similar establishment in excess of 20.000 square feet, inclusive of
outdoor seating areas, shall require conditional use approval. The
reaulations in Chapter 142. Article V. Division 6. Entertainment
Establishments. shall continue to a~plv to uses in this overlav
district.
13) No alcoholic beverage establishment, entertainment establishment
or restaurant rnav be licensed as a main permitted or accessorv
use in any open area above the ground floor (any area that is not
included in the FAR calculations) or at ground level in anv open
area within 125 feet of a residential district, except that residents of
a multifamily (apartment or condominium) building or hotel guests
rnav use these areas, which rnav include a pool or other
recreational amenities, for their individual, personal use with
appropriate buffering as determined bv the Planning Department or
ap~licable land use board with iurisdiction.
Planning Board recommendation 81241201 0
SECTION 2. CODIFICATION.
It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 20-.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
First Reading:
Second Reading:
& FOR EXECUTION
Verified by:
Richard G. Lorber
Acting Planning Director
T:\AGENDA\201O\November 17\RegularWlton Rd Overlay PB 8.24.2010 ord.doc
Planning Board recommendation 8/24/2010
Map - Alton Road Historic District Buffer Overlay
COMMISSION ITEM SUMMARY
Condensed Title:
A proposed ordinance amendment defining "religious institution," creating a 40th street religious
institution overlay district, requiring conditional use approval for religious institutions in the 40th street
overlay district, specifying parking and development regulations for the above, and adding review
criteria for religious institutions.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc
Nearly half of all residential respondents, 47.6%, suggested the effort put forth by the City to regulate
development is "about the right amount."
Issue:
Should the Commission address the specific issue of existing religious institutions on the 40th Street
by the creation of a religious institution overlay district?
Item SummarylRecommendation:
SECOND READING PUBLIC HEARING
The proposed ordinance defines a religious institution overlay district, specifying the district as those
with a lot line on the south side of 40th Street, between Chase Avenue to the west and Pine
Tree Drive to the east (see attached graphic map). The ordinance amends the Single Family
Residential zoning district regulations, by permitting religious institutions within the overlay district, in
existing rehabilitated structures or new construction, as conditional uses, and specifies development
regulations to be compatible with surrounding single family homes.
I The Administration recommends that the City Commission adopt the proposed ordinance. I
Advisory Board Recommendation:
At the September 28, 2010 meeting the Planning Board recommended approval of the proposed
ordinance. The Board also recommended that the property known as the "Kollel" located at 3767
Chase Avenue, adjacent to the proposed overlay district to the south of Temple Beth Israel, be
included in the overlay district at some time in the future.
OBPl Total
Financial Information:
I I I
Financial Impact Summary:
Not ~~~licable-
Account
City Clerk's Office Legislative Tracking:
Richard Lorber
Amount Source of
Funds:
m
Q MIAMIBEACH
1
2
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Co Fission
FROM: Jorge M. Gonzalez, City
DATE: January 19, 201 1
Second Readinn Public Hearing
SUBJECT: Ordinance Amendment - 4oth Street Religious Overlay District
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE ClTY CODE, BY
AMENDING CHAPTER 114 OF THE ClTY CODE, "ZONING DISTRICTS
AND REGULATIONS," SECTION 114-1, "DEFINITIONS," DEFINING
"RELIGIOUS INSTITUTION"; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY
DISTRICTS," CREATING DIVISION 8, "40TH STREET OVERLAY,"
AND BY ADDING SECTIONS 142-858 "LOCATION AND PURPOSE,"
142-859 "COMPLIANCE WITH REGULATIONS," REQUIRING
CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN
THE 4oTH STREET OVERLAY DISTRICT, AND 142-860 "OFF-STREET
PARKING REGULATIONS;" AND AMENDING ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2 "RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS," SECTION 142-103
"CONDITIONAL USES," TO ADD RELIGIOUS INSTITUTIONS AS A
CONDITIONAL USE FOR PROPERTIES IN THE 4oTH STREET
OVERLAY DISTRICT; AND AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4
"SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1 131(d)
"GENERALLY," TO EXEMPT PROPERTIES IN THE 4oTH STREET
OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE
YARD REQUIREMENT FOR PUBLIC AND SEMI-PUBLIC BUILDINGS;
AND AMENDING CHAPTER 118 OF THE ClTY CODE,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,
"CONDITIONAL USE PROCEDURES," SECTION 11 8-192, "REVIEW
GUIDELINES," TO ADD REVIEW CRITERIA FOR RELIGIOUS
INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
City Commission Memorandum
Ordinance Amendment - 4dh Street Religious Overlay District
January 19, 2011 Page 2
BACKGROUND
On July 14, 2010, the City Commission referred a discussion of a possible overlay
district for religious institutions on 40th Street to the Land Use and Development
Committee and the Planning Board, at the request of both Commissioner Edward L.
Tobin and Commissioner Jonah Wolfson.
ANALYSIS
The proposed
ordinance is
designed to do
several things. It
will address the
specific issue of
existing religious
institutions on 4oth
Street by defining a
religious institution
overlay district,
within which
existing religious
institutions in that
area that do not
currently have the
required building
and zoning
approvals from the
City can be approved through a Conditional Use process, allowing thei;continuation and
possible construction of additions with proper permits. It amends the Single Family
Residential zoning district regulations list of uses, by adding as a Conditional Use
religious institutions located in the 40th Street Overlay. The overlay district is defined as
those properties with a lot line on the south side of 40th Street, between Chase Avenue
to the west and Pine Tree Drive to the east (see attached graphic map). Within this
district, religious institutions, in existing rehabilitated structures or new construction, will
be permitted as conditional uses.
The ordinance also specifies that all new construction or additions to existing structures
associated with these institutions be compatible with the scale of the surrounding
residential neighborhood and must be designed to maintain a residential, single family,
character. This would be ensured by requiring that permits for new construction,
alterations or additions to existing structures associated with these institutional uses be
subject to design review by the planning director or designee. All of the development
regulations governing setbacks, building heights and other physical factors would
continue to be the same as for all single family residential districts. It sets limited parking
requirements for these uses, provided that there is one or more public parking lot(s)
andlor garage(s) within 500 feet of the subject property, which applies to the entire strip
along 4oth Street. For adaptive reuse and limited expansion (less than 50%) of existing
buildings, there will be no additional parking requirement. However, existing required
parking spaces on site must remain or be replaced on site. For new construction, or
large additions (greater than 50%) the parking requirement will be two spaces, the same
City Commission Memorandum
Ordinance Amendment - 4dh Street Religious Overlay District
January 19, 201 1 Page 3
as for a single-family detached dwelling. Finally, it eliminates the 50 feet side yard
setback that is otherwise required for schools, libraries, religious institutions, and other
public buildings and private structures which are publicly used for meetings in residential
districts, since these uses will already abut each other on the side yards.
The ordinance also proposes to bring the Land Development Regulations more in
conformity with RLUIPA by specifically defining religious institution for purposes of
zoning regulation, and by creating objective criteria for the conditional use reviews by the
City's Planning Board.
Definition of Religious lnstitution
The proposed ordinance includes a specific definition for Religious Institution. A
Religious Institution will be defined as a use where an establishment, organization or
association conducts religious prayer or activity that is open to members and/or the
general public, and may be accompanied by accessory uses customarily associated with
religious institutions such as but not limited to education classes, youth centers, day
care, offices, and rooms for licensed catering of life cycle or other gatherings or
celebrations (e.g., weddings, confirmations, and coming-of-age events). It specifically
notes that a group privately assembling for worship, prayer or religious service in a
private home or dwelling in which at least one member of the group resides, is not a
religious institution, even if life cycle rituals are included in the service, including
weddings, confirmations, and coming-of-age (such as bar or bat-mitzvah) observances
and meals accompany the service. This language is in conformity with our
understanding of the Federal RLUIPA legislation.
Obiective Review Criteria
Since the Courts are requiring local governments to use objective criteria when
reviewing applications for entities such as religious institutions, the proposed ordinance
includes a new set of review criteria drafted by the City Attorney's Office to be in accord
with such requirement. These include the following:
1. Whether a proposed operations plan has been provided, including hours of
operation, number of employees, and other operational characteristics pertinent
to the application, and that such plan will mitigate any adverse impacts to
adjoining and nearby properties, and neighborhood
2. Whether a plan for the delivery of supplies has been provided, including the
hours of operation for delivery trucks to come into and exit from the
neighborhood and how such plan will mitigate any adverse impacts to adjoining
and nearby properties, and neighborhood.
3. Whether the design of the proposed structure is permitted by the regulations in
the zoning district in which the property is located, and complies with the
regulations of an overlay district, if applicable.
4. Whether a proposed parking plan has been provided, including where and how
the parking is located, utilized, and managed, that meets the required parking for
the use in the zoning district in which the property is located.
5. Whether an indoor and outdoor congregantlparishioner circulation plan has been
provided that facilitates ingress and egress to the site and structure.
6. Whether a security plan for the establishment and supporting parking facility, if
any, has been provided that addresses the safety of the institution and its users
and minimizes impacts on the neighborhood.
City Commission Memorandum
Ordinance Amendment - 40fh Street Religious Overlay District
January 19, 2011 Page 4
7. Whether a traffic circulation analysis and plan has been provided that details
means of ingress and egress into and out of the neighborhood, addresses the
impact of projected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, traffic flow through immediate intersections and
arterials, and how these impacts are to be mitigated.
8. Whether a noise attenuation plan has been provided that addresses how noise
will be controlled in and around the institution, parking structures or areas, and
delivery and sanitation areas, to minimize adverse impacts to adjoining and
nearby properties.
9. Whether a sanitation plan has been provided that addresses on-site facilities as
well as off-premises issues resulting from the operation of the structure.
10. Whether the proximity of the proposed structure to adjacent and nearby
residential uses creates adverse impacts and how such impacts are to be
mitigated.
11. Whether a cumulative effect from the proposed structure with adjacent and
nearby structures arises, and how such cumulative effect will be addressed.
LAND USE AND DEVELOPMENT COMMITTEE
On July 26, 2010, the Land Use Committee discussed the proposal. Attorney Michael
Larkin introduced the item, and discussed the need for the creation of an overlay district
on 40th Street to accommodate the existing religious institutions on that street. There
are at least two major religious institutions on that street, as well as a number of
unlicensed but longstanding religious institutions located there. The Committee
discussed the need for these types of institutions in the 4oth Street area. First Assistant
City Attorney Gary Held discussed the latest Federal legislation in the area of freedom of
worship (RLUIPA) and advised that the City should try to accommodate this request so
permits can be issued for improvements to such properties. At the conclusion of the
discussion, the Committee voted 3-0 to refer the matter to the Planning Board.
PLANNING BOARD ACTION
At the September 28, 2010 meeting the Planning Board reviewed the proposed
ordinance, and recommended its approval. The Board also recommended that the
property known as the "Kollel" located at 3767 Chase Avenue, adjacent to the proposed
overlay district to the south of Temple Beth Israel, be included in the overlay district at
some time in the future.
The City Commission approved the ordinance upon first reading at the October 27, 2010
meeting.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
T:\AGENDA\2011\1-19-1 1\1976 - 40th St Religious Overlay Ord MEMO.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 114 OF THE ClTY CODE, "ZONING DISTRICTS
AND REGULATIONS," SECTION 114-1, "DEFINITIONS," DEFINING
"RELIGIOUS INSTITUTION"; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE Ill, ."OVERLAY
DISTRICTS," CREATING DIVISION 8, "40TH STREET OVERLAY,"
AND BY ADDING SECTIONS 142-858 "LOCATION AND PURPOSE,"
142-859 "COMPLIANCE WITH REGULATIONS," REQUIRING
CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN
THE 4oTH STREET OVERLAY DISTRICT, AND 142-860 "OFF-STREET
PARKING REGULATIONS;" AND AMENDING ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2 "RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS," SECTION 142-103
"CONDITIONAL USES," TO ADD RELIGIOUS INSTITUTIONS AS A
CONDITIONAL USE FOR PROPERTIES IN THE 4oTH STREET
OVERLAY DISTRICT; AND AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4
"SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1131(d)
"GENERALLY," TO EXEMPT PROPERTIES IN THE 4oTH STREET
OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE
YARD REQUIREMENT FOR PUBLIC AND SEMI-PUBLIC BUILDINGS;
AND AMENDING CHAPTER 118 OF THE ClTY CODE,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,
"CONDITIONAL USE PROCEDURES," SECTION I1 8-1 92, "REVIEW
GUIDELINES," TO ADD REVIEW CRITERIA FOR RELIGIOUS
INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILIN; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") acknowledges the desire of
neighborhood residents to allow religious institutions, in addition to the presently
permitted single-family residential uses, at the parcels located on the south side of 40th
Street between Chase Avenue and Pine Tree Drive, more particularly described in the
sketch attached as Exhibit "A hereto, and referred to herein as "40th Street Overlay";
and
WHEREAS, the City, while acknowledging such desire for religious institutions,
desires to protect the single-family residential character of the neighborhood south of
4oth Street; and
WHEREAS, the City, while respecting persons' First Amendment rights under the
Constitution of the United States, to pray in their homes, along with others, desires to
maintain reasonable limitations its restrictions against assembly uses generally
throughout single-family residential neighborhoods, and thus legally maintain limitations
against formal religious institutions and other assembly uses in such single-family
neighborhoods; and
WHEREAS, the City recognizes that the commercial character of the properties
on the north side of 4oth Street between the Biscayne Waterway west of Chase Avenue
and Pine Tree Drive has changed the character of the single family homes on the
corresponding south side of 4oth Street; and
WHEREAS, the City recognizes that some homes on the south side of 40~ Street
have been used for 25 years or more for religious purposes and are unlikely to be used
exclusively for single-family purposes, and therefore finds it reasonable to improve and
expand these homes on the south side of 4oth Street for religious purposes, in a manner
consistent with the development pattern of the abutting single family neighborhood; and
WHEREAS, the City recognizes that religious institutions may adversely impact
the surrounding residential uses, and as a result, the proposed ordinance will allow
homes located in this specified area to apply for conditional use approval from the
Planning Board for the continued use and expansion as religious institutions, in a
manner designed to mitigate adverse impacts on the abutting single family
neighborhood; and
WHEREAS, the City recognizes the pedestrian character of the residential
neighborhood in the vicinity of 40th Street and between the Biscayne Waterway west of
Chase Avenue and Pine Tree Drive; and
WHEREAS, the City recognizes that such pedestrian character allows the use of
homes as religious institutions to have reduced parking requirements to accommodate
the needs of residents in the area for religious prayer and activity in improved and
expanded structures;
WHEREAS, the City desires to afford its citizens and visitors their full rights of
religious freedom afforded under applicable law, including the First Amendment to the
Constitution of the United States, the federal Religious Land Use and Institutionalized
Persons Act (RLUIPA), and the Florida Religious Freedom Restoration Act (RFRA), and
adopts this ordinance to ensure those rights, while protecting its residents in single-
family residential areas from the adverse impacts the exercise of such rights might
cause; and
WHEREAS, case law applicable to the governmental permitting of religious
institutions allows review by public hearing processes, but requires that such review be
in accordance with objective criteria, and thus the conditional use review criteria are
amended to ensure compliance with such requirement; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I. Chapter 114 of the City Code, "Zoning Districts and Regulations," Section
114-1, "Definitions," is hereby amended as follows:
1 14-1, "Definitions," is hereby amended as follows:
Religious institution means a use where an establishment, organization or association
conducts reliaious praver or activitv that is open to members and/or the general public,
and mav be accompanied bv accessorv uses customarilv associated with religious
institutions such as but not limited to education classes, vouth centers, dav care, offices,
and rooms for licensed catering of life cvcle or other gatherings or celebrations (e.g.,
weddinas, confirmations, and coming-of-age events). A group privatelv assembling for
worship. praver or reliaious service in a private home or dwelling in which at least one
member of the aroup resides, is not a religious institution, even if life cvcle rituals are
included in the service, including weddings, confirmations, and comina-of-aae (such as
bar or bat-mitzvah) observances and meals accompanv the service.
SECTION 2. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article
Ill, "Overlay Districts," Division 8 "40th Street Overlay" is hereby created as follows:
DIVISION 8. 40TH STREET OVERLAY
Section 142-858. Location and purpose.
The overlav regulations of this division shall applv to the properties, as thev are
configured as of Januarv 1. 2010, with lot lines adiacent to the south right-of-wav line of
40th Street between Chase Avenue to the west and Pine Tree Drive to the east.
The purpose of this overlav district is to provide pedestrian-friendlv religious institutional
uses through the conditional use permit process at the properties to serve the
surrounding residential uses. Expansion of the district shall onlv be permitted bv
amendment to these regulations.
Section 142-859. Com~liance with reaulations.
The following overlav regulations shall applv within the 40th Street Overlav District. All
development regulations in the underlving zoning district shall applv, except as follows:
Religious institutions, in existing rehabilitated structures or new construction,
shall be conditional uses, subiect to the reclulations in Chapter 118,
"Administration and Review Procedures," Article IV, "Conditional Use Procedure."
All new construction or additions to existing structures shall be compatible with
the scale of the surrounding residential neighborhood and shall be designed to
maintain a residential character.
@ Permits for new construction, alterations or additions to existing structures shall
be subiect to desicrn review bv the ~Ianning director or designee.
Section 142-860. Off-Street Parkina Reaulations.
For religious institutions in the 40th Street Overlav District, the followina off-street
parkinq regulations shall ~PPIV:
For adaptive reuse of existing buildings, including expansions or additions
thereto less than fiftv per cent of the size of the existing structure, there
shall be no parking requirement provided that there is one or more public
parking lot(s1 and/or aaraae(s) within 500 feet of the subiect propertv.
Existing required parking spaces on site shall remain or be replaced on
site. -
(2) For new construction, and expansions or additions of more than fiftv per
cent of the size of an existing structure, the parking requirement shall be
the same as for a single-familv detached dwelling pursuant to Chapter
130 of the Citv Code, entitled "Off-Street Parking," Article II, "Districts;
Requirements," provided that there is one or more public parking lot(s)
andlor garagets) within 500 feet of the subiect propertv.
SECTION 3. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article II,
"District Regulations," Division 2 "RS-1, RS-2, RS-3, RS-4 Single-Family Residential
Districts," is hereby modified as follows:
Section 142-1 03. Conditional Uses.
Conditional uses in the RS-1, RS-2, RS-3, RS-4 single-family residential districts
include the following:
(1) an at-grade parking lot in the RS-4 district when located immediately
adjacent, without a gap due to alley, road, waterway or any other cause,
to a CD-3 district. See subsection 142-105(c).
(2) Religious institutions for those properties located in the 40th Street
Overlav. See Chapter 142, "Zoning Districts and Regulations," Article Ill,
"Overlav Districts," Division 8 "40th Street Overlav."
SECTION 4. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
Article IV, "Supplementary District Regulations," Division 4 "Supplementary Yard
Regulations," is hereby modified as follows:
Section 142-1 131. Generally.
(d) Minimum side yards, public and semi-public buildings. The minimum depth of
interior side yards for schools, libraries, religious institutions, and other public
buildings and private structures which are publicly used for meetings in
residential districts shall be 50 feet, except where a side yard is adjacent to a
business district, a public street, bay, erosion control line or golf course, gr&
except for properties that have received conditional use approval as a religious
institution located in the 40th Street Overlav, in which cases the depth of that
yard shall be as required for the district in which the building is located. In all
other cases, the side yard facing a street shall be the same as that which is
required for the district in which the lot is located.
SECTION 5. Chapter 118 of the City Code, "Administration and Review Procedures,"
Article IV, "Conditional Use Procedures," Section 1 18-1 92, "Review Guidelines," is
hereby modified as follows:
Sec. 1 18-1 92. Review guidelines.
Conditional uses may be approved in accordance with the procedures and
standards of this article provided that:
The use is consistent with the comprehensive plan or neighborhood plan if one
exists for the area in which the property is located.
The intended use or construction will not result in an impact that will exceed the
thresholds for the levels of service as set forth in the comprehensive plan.
Structures and uses associated with the request are consistent with these land
development regulations.
The public health, safety, morals, and general welfare will not be adversely
affected.
Adequate off-street parking facilities will be provided.
Necessary safeguards will be provided for the protection of surrounding property,
persons, and neighborhood values.
The concentration of similar types of uses will not create a negative impact on
the surrounding neighborhood. Geographic concentration of similar types of
conditional uses should be discouraged.
In reviewing an application for conditional use for new structures 50,000 square
feet and over, the planning board shall apply the following supplemental review
guidelines criteria in addition to the standard review guidelines listed in
subsection a. above:
Whether the proposed business operations plan has been provided, including
hours of operation, number of employees, goals of business, and other
operational characteristics pertinent to the application, and that such plan is
compatible with the neighborhood in which it is located.
Whether a plan for the mass delivery of merchandise has been provided,
including the hours of operation for delivery trucks to come into and exit from the
neighborhood and how such plan will mitigate any adverse impacts to adjoining
and nearby properties, and neighborhood.
Whether the scale of the proposed use is compatible with the urban character of
the surrounding area and creates adverse impacts on the surrounding area, and
how the adverse impacts are proposed to be addressed.
Whether the proposed parking plan has been provided, including where and how
the parking is located, utilized, and managed, that meets the required parking
and operational needs of the structure and proposed uses.
Whether an indoor and outdoor customer circulation plan has been provided that
facilitates ingress and egress to the site and structure.
Whether a security plan for the establishment and supporting parking facility has
been provided that addresses the safety of the business and its users and
minimizes impacts on the neighborhood.
Whether a traffic circulation analysis and plan has been provided that details
means of ingress and egress into and out of the neighborhood, addresses the
impact of projected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, traffic flow through immediate intersections and
arterials, and how these impacts are to be mitigated.
Whether a noise attenuation plan has been provided that addresses how noise
will be controlled in the loading zone, parking structures and delivery and
sanitation areas, to minimize adverse impacts to adjoining and nearby properties.
Whether a sanitation plan has been provided that addresses on-site facilities as
well as off-premises issues resulting from the operation of the structure.
(10) Whether the proximity of the proposed structure to similar size structures and to
residential uses creates adverse impacts and how such impacts are mitigated.
(11) Whether a cumulative effect from the proposed structure with adjacent and
nearby structures arises, and how such cumulative effect will be addressed.
(c) In reviewing an application for a religious institution, the planning board shall
apply the following review criteria instead of the standard review guidelines listed
in subsection a. above:
{I) Whether a proposed operations plan has been provided, including hours of
operation, number of emplovees, and other operational characteristics pertinent
to the application, and that such plan will mitigate anv adverse impacts to
adioining and nearbv properties, and neighborhood
(2) Whether a plan for the deliverv of supplies has been provided, including the
hours of operation for deliverv trucks to come into and exit from the
neiahborhood and how such plan will mitigate anv adverse impacts to adioining
and nearbv properties, and neighborhood.
(3) Whether the design of the proposed structure is permitted by the regulations in
the zoning district in which the propertv is located, and complies with the
regulations of an overlav district, if applicable.
(4) Whether a proposed parking plan has been provided, including where and how
the parking is located, utilized, and managed, that meets the required parking for
the use in the zoning district in which the property is located.
15) Whether an indoor and outdoor congregantlparishioner circulation plan has been
provided that facilitates ingress and egress to the site and structure.
{6) Whether a security plan for the establishment and supporting parking facilitv, if
anv, has been provided that addresses the safetv of the institution and its users
and minimizes impacts on the neiahborhood.
(7) Whether a traffic circulation analvsis and plan has been provided that details
means of ingress and egress into and out of the neighborhood, addresses the
impact of proiected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, traffic flow through immediate intersections and
arterials, and how these impacts are to be mitigated.
/8) Whether a noise attenuation plan has been provided that addresses how noise
will be controlled in and around the institution, parking structures or areas, and
delivery and sanitation areas, to minimize adverse impacts to adioinin~ and
nearbv properties.
19) Whether a sanitation plan has been provided that addresses on-site facilities as
well as off-premises issues resulting from the operation of the structure.
(10) Whether the proximity of the proposed structure to adiacent and nearby
residential uses creates adverse impacts and how such impacts are to be
mitigated.
(11) Whether a cumulative effect from the proposed structure with adiacent and
nearbv structures arises, and how such cumulative effect will be addressed.
SECTION 6. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the Code,
and it is hereby ordained that the sections of this Ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word. The Exhibits to this Ordinance shall not be
codified, but shall be kept on file with this Ordinance in the City Clerk's Office.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect 10 days following adoption.
PASSED and ADOPTED this day of ,2010
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
First Reading:
Second Reading:
Verified by:
Richard G. Lorber
Acting Planning Director
Underscore denotes new language
T:\AGENDAPOl O\October 27\Regular\40th Street Overlay District- 0RD.docx
@ MIAMIBEACH,
1 CITY OF MIAMI BEACH 1 1 ! NOTICE TO THE PUBLIC I I
NOTICE IS HEREBY GIVEN that a second reading and public hearing will be held by the City Commission
of the City of Miami Beach on WEDNESDAY, January 19, 2011 at 11:15 a.m. in the City Commission
Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to consider:
A PROPOSED ORDINANCE CREATING A "40TH STREET OVERLAY DISTRICT' THAT
WOULD PERMIT CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS .
File No. 1976. AN ORD~NANCE OF THE MAYOR AND ClN COMMISSION OF THE ClN
OF'MIAMI BEACH, FLORIDA, AMENDING THE ClTY CODE, BY AMENDING CHAPTER
114 OF THE ClN CODE, "ZONING DISTRICTS AND REGULATIONS," SECTION 114-1,
. "DEFINITIONS," DEFINING "RELIGIOUS INSTITUTION"; AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE 111, "OVERLAY DISTRICTS,"
CREATING DIVISION8, "40TH STREET OVERLAY," AND BY ADDING SECTIONS 142-858
"LOCATION AND PURPOSE," 142-859 "COMPLIANCE WITH REGULATIONS," REQUIRING
CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN THE 40TH STREET
OVERLAY DISTRICT, AND 142-860 "OFF-STREET PARKING REGULATIONS;" AND
AMENDING ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2 "RS-1, RS-2, RS-3, RS-4
SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142-103 "CONDITIONAL USES,"
TO ADD RELIGIOUS INSTITUTIONS AS A CONDITIONAL USE FOR PROPERTIES IN THE
W STREET OVERLAY DISTRICT; AND AMENDING ARTICLE IV, "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS,"
SECTION 142-1131(d) 6GENERALLY," TQ EXEMPT PROPERTIES IN THE 40'" STREET
OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE YARD REQUIREMENT
FOR PUBLIC AND SEMI-PUBLIC BUILD1NGS;ANDAMENDlNG CHAPTER 1180FTHECIN
CODE. "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV, "CONDITIONAL 1' ----. ---
USE PROCEDURES," SECTION 118-192, "REVIEW GUIDELINES," TO ADD RNIEW
CRlTERIA FOR RELIGIOUS INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
All interested parties are invited to appear at this meeting or be represented by an agent, or to express their
views in writing addressed to the City Commission c/o the City Clerh's Office, 1700 Convention Center Drive,
City Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning
Qepartment. Pursuant to Florida Stat. 286.0105, the City hereby advises the public that if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at its meeting or
its hearing, such person must ensure that a verbatim record of the proceedings is made, which record must
include the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
I in accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation
to participate in this proceeding should contact the Board's Administrator.no later than four days Prior to I
1 tbe proceeding. Telephone (305) 673-7550 for assistance; if hearing impaired, telephone the Florida Relay
AD #639 SenriseQuqbpy t309 8r13-7278 dr.71 X,?fdr-a~sis$ance; , , , i :*? ' ' . , . \', '% a a . . , , , , , 664db s L&-U dbdinu
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Sondensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending The
Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II "District Regulations," Division 18 "PS Performance Standard
District," Amending Section 142-693 "Permitted Uses," By Permitting Low Impact Car Washing And Auto
Detailing In The CPS-2 District, When Completely Contained Within A Parking Garage Structure, And Not
Visible From The Street Or Public Right-of-way.
Key Intended Outcome Supported:
Neighborhood satisfaction and Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6%,
suggested the effort put forth by the City to regulate development is "about the right amount."
Issue: - - - -- - -
Should the City Commission allow low impact car washing and auto detailing in parking structures in the
C-PS2?
Item SummarylRecommendation:
SECOND READING PUBLIC HEARING
Currently, Section 142-692 of the City Code contains a list of uses permitted in each district within the PS
Performance Standards districts, the area located south of Sixth Street, and from the Atlantic Ocean to
Biscayne Bay, which is analogous to the previously existing redevelopment area. As such, although
commercial uses are permitted within the Commercial districts such as CPS-2, the development
regulations for this zoning district contain a prohibition that car washes, filling stations and any use that
sells gasoline, automobiles or auto repair, as they are considered industrial uses and not permitted in the
redevelopment area.
While there has been strong demand for car wash services within the City, these are limited to the Urban
Light Industrial 1-1 district, and as accessory uses to existing non-conforming gas stations when part of a
renovation including the provision of a generator. However, while completely enclosed commercial car
washes may be potentially permitted in other Commercial zoning districts, in the case of the C-PS2, even
that possibility does not exist, because of the blanket prohibition on car washes contained in the section.
I The Administration recommends that the City Commission adopt the proposed ordinance. I
Advisory Board Recommendation:
At the October 26,2010 meeting, the Planning Board recommended that the City Commission approve
proposed ordinance by a vote of 5-1 (one member absent).
City Clerk's Office Legislative Tracking:
Richard Lorber or Mercy Lamazares
T:
1 / w
Financial Information:
Account
Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon
the resources of the City at this time.
Amount Source of
Funds:
El OBPl
I
Total
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: January 19, 201 1
Second Reading Public Hearing
SUBJECT: Allow low impact car washing and detailing in the C-PS2 zoning district.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II "DISTRICT REGULATIONS,"
DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142-693 "PERMITTED USES," BY
PERMITTING LOW IMPACT CAR WASHING AND AUTO DETAILING
IN THE CPS-2 DISTRICT, WHEN COMPLETELY CONTAINED WITHIN
A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM THE
STREET OR PUBLIC RIGHT-OF-WAY; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
BACKGROUND
At the July 29, 2010 meeting, the Land Use and Development Committee discussed a
request made by the City Commission, at its July 14, 2010 meeting, for a possible
amendment to the development regulations of the C-PS2 zoning district that would
permit low impact car washing and detailing within a parking structure
Historical Background
The South Shore Redevelopment Agency was created in 1973. At that time the agency
prepared a redevelopment plan, "The South Shore Redevelopment Plan," adopted on
March 2, 1977. The Plan called for "predominant clearance of buildings and the
selection of a master developer. In 1982, after failing to select a master developer, the
City abandoned the 1976 Redevelopment Plan and appointed a committee to prepare a
new revitalization strategy for the area.
City Commission Memorandum
File 1978 - low impact car washing and detailing in fhe C-PS2 zoning district
January 19, 201 I Page 2
Ordinance No. 84-2439,
adopted on September 19,
1984 established the PS
Performance Standard
District for the South Shore
Redevelopment area and the
development regulations for
the district.
Ordinance 89-2665, known
as the Comprehensive
Zoning Ordinance, which
became effective on October
1 1989, which amended
previous zoning ordinances,
included a restriction in the
PS Performance Standard
District for filling stations and
any use that sells gasoline or
automotive or related repair
uses. These uses were
considered industrial uses
and not to be permitted in the
Redevelopment Area.
Ordinance 94-2908 amended
the Comprehensive Zoning
Ordinance No. 89-2665.
Among the amendments was
new text clarifying the uses allowed in the PS Performance Standard District by including
in the uses not permitted the sale of automobiles.
It should be noted that long ago, the sale and service of automobiles was a permitted
use in the area. The 5th and Alton project occupies what was the Potamkin dealership
service area. The showroom at the time was across the street to the west.
It should also be noted that the South Shore Redevelopment Area was sunsetted on
September 30, 2005 although the PS Performance Standard regulations remain in
place.
ANALYSIS
Currently, Section 142-692 of the City Code contains a list of uses permitted in each
district within the PS Performance Standards districts, the area located south of Sixth
Street, and from the Atlantic Ocean to Biscayne Bay, which is analogous to the
previously existing redevelopment area. As such, although commercial uses are
permitted within the Commercial districts such as CPS-2, the development regulations
for this zoning district contain a prohibition that car washes, filling stations and any use
that sells gasoline, automobiles or auto repair, as they are considered industrial uses
and not permitted in the redevelopment area.
Cify Commission Memorandum
File 1978 - low impact car washing and detailing in the C-PS2 zoning district
Januarv 19. 201 1 Page 3
While there has been strong demand for car wash services within the City, these are
limited to the Urban Light Industrial 1-1 district, and as accessory uses to existing non-
conforming gas stations when part of a renovation including the provision of a generator.
However, while completely enclosed commercial car washes may be potentially
permitted in other Commercial zoning districts, in the case of the C-PS2, even that
possibility does not exist, because of the blanket prohibition on car washes contained in
the section.
Staff suggests that the ordinance permit low impact car wash and auto detailing services
within parking garage structures in the CPS-2 district, when such services are
completely contained within the garage and not visible from the street or public right-of-
way. These types of accessory car washes are common in other areas of South Florida
and should not cause disruption to neighboring properties if contained properly. For
purposes of this ordinance, low impact car wash will be defined as mobile type car
washes or wand car washes, and excluding rollover or tunnel car washes.
PLANNING BOARD ACTION
At the October 26, 2010 meeting, the Planning Board recommended that the City
Commission approve the proposed ordinance by a vote of 5-1, with one member absent.
The City Commission approved the ordinance upon first reading at the December 8,
201 0 meeting.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
Pursuant to Section 1A8-164 (2) of the City Code, when the proposed amendment
changes the actual list of permitted, conditional or prohibited uses within a zoning
category, regardless of the acreage of the area affected, the City Commission shall hold
two advertised public hearings on the proposed ordinance. At least one hearing shall be
held after 5:00 p.m. on a weekday. The first public hearing shall be held at least seven
days after the day that the first advertisement is published. The second public hearing
shall be advertised at least five days prior to the public hearing.
The required advertisements shall be no less than two columns wide by ten inches long
in a standard size or tabloid size newspaper, and the headline in the advertisement shall
be in a type no smaller than 18 point. The advertisement shall be in substantially the
following form:
NOTICE OF (TYPE OF) CHANGE
The Citv of Miami Beach proposes to adopt the following ordinance: (title of ordinance)
A public hearing on the ordinance will be held on (date and time) at (meetins place).
JMGIJGGIRGUML
T:MGENDA\201 ?\I-1 9-1 1\1978 - Car wash in CPS2 memo.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MlAMl BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE I1 "DISTRICT REGULATIONS,"
DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142-693 "PERMITTED USES," BY
PERMITTING LOW IMPACT CAR WASHING AND AUTO DETAILING
IN THE CPS-2 DISTRICT, WHEN COMPLETELY CONTAINED WITHIN
A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM THE
STREET OR PUBLIC RIGHT-OF-WAY; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, while commercial uses are permitted within the Commercial districts,
the CPS-2 district regulations contain a prohibition for car washes, filling stations and
any use that sells gasoline, automobiles or auto repair, as these uses are treated as
industrial uses for purposes of the redevelopment area and not permitted there; and
WHEREAS, car wash services within the City are limited to the Urban Light
Industrial 1-1 district, and as accessory uses to existing, and to non-conforming gas
stations when the provision of a generator is part of a renovation; and
WHEREAS, commercial car washes could potentially be permitted in other
Commercial zoning districts if completely enclosed and not outwardly apparent as an
automobile related use; and
WHEREAS, these types of accessory car washes should not cause disruption to
neighboring properties if contained properly; and
WHEREAS, this type of service would be in the best interest of the City and the
general welfare of its residents.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 142, "Zoning Districts and Regulations," Article I1 "District
Regulations," Division 18 "PS Performance Standard District," is hereby amended as
follows:
Sec. 142-693. Permitted uses.
(b) For purposes of this section, a car wash, filling station and any use that sells
gasoline, automobiles or automotive or related repair uses are considered as industrial
uses and are not permitted in the redevelopment area. However, notwithstanding the
foregoing, within the CPS-2 zoninq district, low impact car washing and auto detailing
are permitted when located completely contained within a parking garage structure, and
is not visible from the street or public right-of-wav. For purposes of this ordinance, low
impact car wash means mobile tvpe car washes or wand car washes, and excludes
rollover or tunnel car washes.
Section 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
Section 3. Codification.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention, and that the word "ordinance" may be changed to "section" or
other appropriate word.
Section 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 201 1
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
First Reading:
Second Reading:
Verified by:
Richard G. Lorber, AlCP
Acting Planning Director
Underscore denotes new language.
denotes deleted language.
F:\PLAN\$PLB\draft ordinanceAl978 - car wash in CPSS\ordinance.doc
CITY OF MIAMI BEACH
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that a second reading and
public hearing will be held by the City Commission of the
City of Miami Beach on WEDNESDAY, January 19,2011
5:00 P.M. in the City Commission Chambers, Third Floor,
City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, to consider:
I Allow Low lmpact Car Washing And Detailing In The C-PS2
Zoning District
An Ordinance Amending The Land Development
Regulations Of The Code Of The City Of Miami Beach,
By Amending Chapter 142, "Zoning Districts And
1 Regulations," Article II "District Regulations," Division 18
"PS Performance Standard District," Amending Section
142-693 "Permitted Uses," By Permitting Low Impact Car
Washing And Auto Detailing In The CPS-2 District, When
Completely Contained Within A Parking Garage Structure,
And Not Visible From The Street Or Public Right-of-way. ,
All interested parties are invited to appear at this meeting
or be repfesented by an agent, or to express their views
in writing addressed to the City Commission c/o the City
Clerk's Office, 1700 Convention Center Drive, City Hall,
Miami Beach, Florida 33139. Copies of the proposed
amendments are available in the Planning Department.
Pursuant to Florida Stat. 286.01 05, the City hereby advises
the pub1.i~ that if a person decides to appeal any decision
made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must
I ensure that a verbatim record of the proceedings is made,
which record must include the. testimony and evidence
upon which the appeal is to be based. This notice does
not constitute conSent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence,
nor does it auth'orize challenges or appeals not otherwise
allowed by law.
' In accordance with the ~meridans with Disabilities
Act of 1990, persons needing special accommodation
to participate in this proceeding should contact the
Board's.Adrninistrator no later than four days prior to the
proceeding. Telephone (305) 673-7550 for assistance;
if hearing impaired, telephone the Florida Relay Service
numbers, (305) 673-7218 or 7: -
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 70 of the Miami Beach City Code entitled "Miscellaneous Offenses" by amending Article Ill,
entitled "Graffiti", by amending Division I, entitled "Generally", by amending Section 70-126, entitled "Responsibility of
Property Owner(s) to Remove Graffiti; Graffiti Removal and Notice; Enforcement", by amending the responsibilities of
property owners with regard to the abatement of graffiti and amending enforcement provisions.
Key Intended Outcome Supported:
[ Ensure Well Maintained Infrastructure; Ensure Compliance with Code Within Reasonable Time Frame; Improve Cleanliness I
of Miami Beach Rights of Way Especially in Business Areas; & Increase Resident Satisfaction With Level of Code
Enforcement
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Environmental Scan shows that the Number of Warning
Notices for Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by 16.9% when
compared to the 2005106 Base Year. The 2009 Community Survey Suggests that 64% of residents and 68% of businesses
rated the level of code enforcement and ordinances as excellent or good.
Issue: I Shall the Mayor and the City Commission Approve The Amendments to the Ordinance? I
Item SummarylRecommendation:
FIRST READING
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti Ordinance to the
NeighborhoodslCommunity Affairs Committee (NCAC) for further discussion on possible amendments to address graffiti
acid-etched on glass. Potential options to handle remediation of acid-etched graffiti on glass were discussed at the May 18,
2009 and June 17,2009 NCAC meetings. The Committee moved the item forward for development of amendment language
to require private property owners to remove or remediate acid-etched graffiti on glass with a standard (e.g. % of surface
defaced) to be determined by the Administration. Additionally, the City Attorney's Office was directed to explore whether
obscene and offensive materials could be given a heightened requirement for removal. There was also discussion regarding
extending the time to abate acid-etched graffiti.
During first reading of the ordinance at the City Commission meeting on October 14, 2009, there was an amendment made
to delay enforcement of the abatement requirements for acid-etched graffiti on glass for at least a year, in light of the current
economic climate and the potential costs. The item was approved on first reading on October 14, 2009. However, following
the first reading, the City Attorney's Office advised the Administration that they had concerns with the deferred effective date
for enforcement. The item was opened and continued a number of times from December 2009 through June 2010. At the
June 9, 2010 City Commission meeting, the Administration recommended that the proposed ordinance be opened and
continued to December 8, 2010 for second reading so that the ordinance would go into effect in January, 201 1, as was the
desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since the City Commission
considered this item at first reading, at the December 8, 2010 City Commission meeting, the Administration recommended
referring this item back to the NCAC at its December 14, 2010 meeting for further discussion. At the December 14, 2010
NCAC meeting, the Committee approved moving the discussion for first reading at the January 19, 201 1 City Commission
meeting.
Advisory Board Recommendation:
Neighborhoods/Community Affairs Committee (NCAC) on May 18, 2009, June 17, 2009. Original First Reading on October
14, 2009. Heard at December 8, 2010 Commission Meeting and referred back to NCAC. Approved at December 14, 2010
NCAC
Financial Information:
I Source of Funds: Amount I Account I
I I I
OBPl 1 Total I
I ,
Financial Impact Summary: The proposed amendment is expected to have a minimal fiscal impact. The City will not be
abating acid-etched graffiti on private property and fines are not automatic and would only be assessed through the Special
Master process.
MIAMIBEACH
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Com 'ssion 7
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1
FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH
CITY CODE ENTITLED "MISCELLANEOUS OFFENSES"; BY AMENDING
ARTICLE Ill, ENTITLED "GRAFFITI"; BY AMENDING DIVISION I, ENTITLED
"GENERALLY"; BY AMENDING SECTION 70-126, ENTITLED "RESPONSIBILITY
OF PROPERTY OWNER(S) TO REMOVE GRAFFITI; GRAFFITI REMOVAL AND
NOTICE; ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF
PROPERTY OWNERS WITH REGARD TO THE ABATEMENT OF GRAFFITI AND
AMENDING ENFORCEMENT PROVISIONS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti
Ordinance to the Neighborhoods/Community Affairs Committee (NCAC), for further discussion
on possible amendments to address graffiti acid-etching on glass. Potential options to handle
remediation of acid-etched graffiti on glass were discussed at the May 18,2009 and June 17,
2009 NCAC meetings. The Committee moved the item forward for development of
amendment language to require private property owners to remove or remediate acid-etched
graffiti on glass with a standard (e.g. % of surface defaced) to be determined by the
Administration. Additionally, the City Attorney's Office was directed to explore whether
obscene and offensive materials could be given a heightened requirement for removal. There
was also discussion regarding extending the time to abate acid-etched graffiti.
During first reading of the ordinance at the City Commission meeting on October 14, 2009,
there was an amendment made to delay enforcement of the abatement requirements for acid-
etched graffiti on glass for at least a year, in light of the current economic climate and the
potential costs. The item was approved on first reading on October 14, 2009. However,
following the first reading, the City Attorney's Office advised the Administration that they had
concerns with the deferred effective date for enforcement. The item was opened and
continued a number of times from December 2009 through June 2010. At the June 9,2010
City Commission meeting, the Administration recommended that the proposed ordinance be
opened and continued to December 8,201 0 for second reading so that the ordinance would
go into effect in January, 201 1, as was the desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since
the City Commission considered this item at first reading, at the December 8, 2010 City
Commission meeting, the Administration recommended referring this item back to the NCAC
at its December 14, 2010 meeting for discussion, and then back to the City Commission on
January 19, 201 1 for First Reading. At the December 14, 2010 NCAC meeting, the
Committee approved moving the discussion for first reading at the January 19, 201 1 City
Commission meeting.
City Commission Memorandum
January 19,201 I
Amendment regarding Acid-etched Graffiti
Page 2 of 4
BACKGROUND
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti
Ordinance to the NCAC for further discussion of proposed amendments, including the issue of
requirements for property owners that are the victims of graffiti acid-etching on glass. While
discussing the potential options to handle remediation of graffiti acid-etching on glass at the
May 18, 2009 NCAC meeting, it was discussed that other options exist beyond the
replacement of the affected glass. The Committee requested the discussion return to the
NCAC with more information on the removal and prevention of acid-etched graffiti on glass.
In addition, the 2009 Environmental Scan shows that the Number of Warning Notices for
Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by
16.9% when compared to the 2005106 Base Year. The 2009 Community Survey Suggests that
64% of residents and 68% of businesses rated the level of code enforcement and ordinances
as excellent or good.
ANALYSIS
During the June 17,2009 NCAC meeting, the Committee reviewed and discussed additional
information provided by staff. This included the information below regarding prevention,
removal and replacement.
Prevention
Two (2) south Florida companies were identified that offer anti-graffiti films that can be
placed on the glass to serve as an external (sacrificial) barrier. Typically, these anti-
graffiti films use a different adhesive than other types of protective films and do not
require scraping to remove the film from the glass. This helps avoid scratches to the
glass during the removal process. At that time, installation costs from local companies
varied from $4 - $9 per square foot (sf). This cost variation is due to the cost of the
materials (which is based on the manufacturer), the thickness of the film, the total
amount of glass being covered, and the company doing the installation. Vendors
claimed that added benefits of utilizing this type of barrier include blocking heat, glare,
and a high percentage of damaging ultraviolet rays. Based on the pricing as
described above, the cost to cover a 4x8 sheet of glass would vary from $128 to $288.
Removal
Three (3) south Florida companies were identified that offer services to remove acid-
etched graffiti from glass. The three (3) companies all stated they were able to
remove acid-etchings, free of distortion, on almost any kind of acrylic or glass surface,
including tempered glass. While all three companies quoted an hourly rate ranging
from $65 - $80, there was a substantial difference in the amount of time estimated to
complete a similar job. In the example provided to the vendors, assuming a window
with dimensions of 4x8 is defaced with acid-etching of one foot high letters covering a
length of four feet across, two (2) of the companies estimated 1-2 hours for removal,
while the third estimated 6 hours for removal. Based on the above pricing, the cost to
treat the glass would vary between $97.50 (1.5 hours x $65) and $390 (6 hours x $65).
Replacement
Four (4) local glass replacement companies were contacted and asked to provide an
estimate to replace a 4x8 sheet of glass. Estimates for non-impact resistant glass
ranged from $380 - $480, while impact resistant glass replacement estimates ranged
from $1,440 - $1,600.
City Commission Memorandum
January 19,201 1
Amendment regarding Acid-efched Graffifi
Page 3 of 4
Staff also found that minimum charges are $50 - $75 for glass restoration, and response time
from the repair companies is two (2) to three (3) business days.
The Committee moved the item forward with a recommendation for the development of a
requirement to remove or remediate acid-etched graffiti on glass tied to a standard that
incorporates a formula, such as when greater than 25% of the glass surface (or some
designated square footage to be determined by the Administration) was damaged by acid-
etched graffiti. Additionally, the Administration was to explore whether the City can utilize the
Building Department's application fee excess funds to subsidize the cost of installing
protective film for business owners, and the City Attorney's Office was to explore the
possibility, under the First Amendment, if obscenity and offensive symbols could be given a
heightened requirement for removal (e.g. must be remediated faster). There was also
discussion regarding extending the time given to the affected property owner to abate acid-
etched graffiti on glass, since coordinating the abatement might require more time than, for
example, painting over graffiti. The time for compliance regarding acid-etched graffiti is
extended in the proposed ordinance from seven (7) to twenty (20) business days for
commercial property, and from ten (1 0) to thirty (30) days for non-commercial property.
The current graffiti ordinance was not intended to provide fines for failure by a property owner
to remediate graffiti within the required period. In instances when the graffiti is paint or
marker, and it has not been removed within the required time (7 days commercial; 10 days
residential), the City will remediate the graffiti and bill the private property owner. However,
there are unique instances when City staff remediation of painted graffiti may not be possible
or advisable. In the case of acid-etched glass graffiti on private property, the City will not
remediate this type of graffiti. As such, as an avenue to compel compliance for removal of
acid-etched glass graffiti, or those unique circumstances when remediation of typical graffiti
may not be possible by City staff, it is proposed that non-compliance of graffiti remediation as
required by ordinance be handled through the Special Master process, and fines under
Chapter 30 would apply as provided for in the amended language in 70-125(f).
Additionally, the City Attorney's Office has advised that a different standard for obscenity or
offensive material is not recommended. They have also advised against establishing a
different standard for acid-etched graffiti in terms of identifying a minimum square footage that
would trigger remediation. Therefore, those provisions were not included in the proposed
ordinance approved on first reading in October 2009 and is not included now.
The Building Department's fee excess funds must be used for Building Department expenses
and are not eligible to be used for subsidizing the cost of installing protective film for business
owners.
PROPOSED ORDINANCE AMENDMENT
The proposed amendment modifies Sec. 70-125(b) to require abatement (repair,
rehabilitation, demolition or removal) as opposed to simply corrective action (remove or
effectively obscure) which applies to all other types of graffiti, and extends the time for
abatement for acid-etched graffiti on commercial property to twenty (20) business days and on
non-commercial property to thirty (30) business days.
Section 70-1 25(f) is modified so that the provisions associated with acid-etched graffiti on
glass in Sections 70-125(b) and (e)(3) are enforced through Chapter 30 of the City Code.
City Commission Memorandum
January 19,201 1
Amendment regarding Acid-etched Graffifi
Page 4 of 4
During discussion of the ordinance on first reading at the City Commission meeting on
October 14, 2009, there was an amendment made to delay enforcement of the abatement
requirements for acid-etched graffiti on glass for at least a year, in light of the current
economic climate and the potential costs. However, following the first reading, the City
Attorney's Office advised the Administration that they had concerns with the deferred effective
date for enforcement. The Administration recommended that the proposed ordinance be
opened and continued to December 8,201 0 for second reading so that the ordinance will go
into effect in January, 201 1, as was the desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since
the City Commission considered this item at first reading, at the December 8, 2010 City
Commission meeting, the Administration recommended referring this item back to the NCAC
at its December 14,201 0 meeting for further consideration. At the December 14,201 0 NCAC
meeting, the Committee approved moving the ordinance for first reading at the January 19,
201 1 City Commission meeting.
FISCAL IMPACT
The fiscal impact from the amendment is expected to be marginal. The City will not be
abating acid-etched graffiti on private property and fines are not automatic and would only be
assessed through the Special Master process.
CONCLUSION
The D~ODOS~~ draft ordinance was develo~ed bv the Administration together with the Citv
~tto;ne;'s Office pursuant to instructiot; from the ~ei~hborhoods/Community ~ffai&
committee. The amendment extends the compliance time for abatement of acid-etched glass
graffiti, and provides for enforcement under Chapter 30 of the City Code should graffiti, and in
particular acid-etched graffiti on glass, not be abated within the timeframes provided for
pursuant to the ordinance.
JMGIHMFIJGGIKTIRSA
T:\AGENDA\2011\1-19-1 ?\Acid-etched graffiti MEMO 1st Reading (2).doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
70 OF THE MIAMI BEACH CITY CODE ENTITLED
''MISCELLANEOUS OFFENSES"; BY AMENDING ARTICLE Ill,
ENTITLED "GRAFFITI"; BY AMENDING DIVISION I, ENTITLED
"GENERALLY"; BY AMENDING SECTION 70-126, ENTITLED
"RESPONSIBILITY OF PROPERTY OWNER(S) TO REMOVE
GRAFFITI; GRAFFITI REMOVAL AND NOTICE;
ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF
PROPERTY OWNERS WITH REGARD TO THE ABATEMENT
OF GRAFFITI AND AMENDING ENFORCEMENT PROVISIONS;
PROVIDING FOR REPEALER; SEVERABILIP(;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the immediate removal of graffiti is the most effective deterrent to its
reoccurrence; and
WHEREAS, graffiti depreciates the value of the defaced property as well as the
surrounding neighborhood; and
WHEREAS, the presence of graffiti etching acid on surfaces which come in contact with
the public pose a health and safety risk and requires specialized removal techniques to abate;
and
WHEREAS, the City recognizes the importance of preserving the City's aesthetic beauty
and protecting the City's image and quality of life for its residents and visitors through the
prompt removal of graffiti; and
WHEREAS, in order to preserve the integrity of the commercial and residential
neighborhoods of the City, including its historically designated districts, and to protect the
health, safety, and welfare of the general public, the Mayor and City Commission find that more
stringent measures and updated terminology with regard to graffiti are needed in the City Code
to serve and protect the best interests of the citizens of Miami Beach and to promote and
maintain the aesthetic appearance of the City of Miami Beach, which is an internationally
renowned tourist destination.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Article Ill, entitled "Graffiti," of Chapter 70 of the Miami Beach City Code, entitled
"Miscellaneous Offenses," is hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
* * *
ARTICLE Ill. GRAFFITI
DIVISION I. GENERALLY
Set. 70-125. Responsibility of property owner(s) to feme4e abate graffiti; graffiti wmwa-l
abatement and notice; enforcement.
(a) Maintenance or allowance of graffiti to exist for more than seven business days on a
commercial property, or 10 business days on a residential property, is prohibited.
(b) Whenever the city becomes aware of the existence of graffiti on any property, a code
compliance officer is authorized upon such discovery to give, or cause to be given, notice 4b
to abate the graffiti to the property owner or the property owner's agent or
manager, as follows:
(1) Commercial property. For commercial property, the property owner or the
property owner's agent or manager shall abate the sraffiti within
seven business days from the receipt or delivery of the notice referenced within this
section, except that etched sraffiti shall be abated within 20 business days from the
receipt or deliverv of the notice referenced within this section.
(2) Non-commercial property. For non-commercial property, the property owner, or
property owner's agent shall )-.'.P abate the sraffiti within 10 business
days from the receipt or delivery of the notice referenced within this section, except that
etched sraffiti shall be abated within 30 business days from the receipt or deliverv of the
notice referenced within this section.
(c) Such notice shall be given by certified mail, return receipt requested; or by hand delivery
by code compliance officer to the owner of record of the property described as recorded in the
current county tax rolls. Mailed notice shall be deemed complete and sufficient notice when so
deposited in the United States mail with proper postage prepaid.
(d) The city shall waive painting permit requirements for abating graffiti, subject to the use of
the same, or substantially same, colored exterior paint, provided that the existing paint complies
with all city requirements.
(e) Graffiti abatement shall consist of:
(1) Painting of the entire area defaced by graffiti with paint matching, or substantially
matching, the permitted paint color on the surface, regardless of whether the city has
temporarily abated the graffiti with a different paint color.
(2) Pressure-cleaning or cleaning by any other method that will successfully remove
graffiti from the area defaced by the graffiti without causing damage.
(3) Professional slass restoration or replacement of alass for etched araffiti to
com~letelv remove the araffiti.
(f) The property owner is responsible for ensuring compliance with sections 142-1 191
through 142-1 193 of the City Code and a violation of this section shall be enforced pursuant to
sections 114-7 through 114-8 and Chapter 30 of the Citv Code. In addition. the oro~ertv owner
is responsible for ensurina com~liance with subsections 70-125(b) and (e) and a violation of
those subsections shall be enforced pursuant to Chapter 30 of the Citv Code.
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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the day of ,2011.
PASSED and ADOPTED this day of ,2011.
ATTEST:
Robert Parcher, City Clerk
Matti Herrera Bower
Mayor
APPROVED AS TO
Underline denotes additions and denotes deletions
T:\AGENDA\ZOIO\Decernber 8\Regular\Acid-etched graffiti 0RD.doc
3
368
COMMISSION ITEM SUMMARY
Coadensed Title:
Alton Road Parking District No. 5
Key Intended Outcome Supported: I Maintain strong growth management policies; Protect historic building stock
Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort
put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%, indicated
ltoo little" effort is being put forth by the City in this area. I
Issue:
Shall the Mayor and City Commission open and continue the first reading of the ordinance, pending a
recommendation from the Land Use and Development Committee?
Item Summary/Recommendation:
The Administration recommends that the Mayor and City Commission open and continue the first
reading to the February 9, 201 1 meeting.
During the November 17,2010 City Commission meeting, the Mayor and Commission continued the
first reading to January 19,201 1 and referred the ordinance to the Land Use and Development Committee
for further discussion. On December 13, 2010 the LUDC heard public testimony and discussed the
proposed ordinance; then they continued the discussion to their next meeting on January 31, 201 1.
The proposed ordinance would create a new parking district for properties with a lot line adjoining Alton
Road between 5 St. and Dade Blvd. The ordinance provides a variety of options for reducing the minimum
parking requirements for new construction or change of use based upon the size of individual businesses
or dwelling units, proximity to existing parking garages, and implementation of parking demand
management strategies such as carpooling, car sharing and prohibiting reserved parking. It also requires
short term and long term bicycle parking for all new development. The Administration recommends
approval of the ordinance on first reading and setting a second reading public hearing for January 11,
201 1.
Advisory Board Recommendation: 1 Planninq Board Action: September 28, 201 0 recommended approval as amended by a vote of 5-0.
Financial Information:
I I I
Financial Impact Summary: This ordinance is estimated to have a -$37,000 impact on annual
parking impact fee revenue, but the long term net fiscal impact is expected to be positive due to
incentives for new development and increased utilization of existing municipal parking, particularly in the
5'h & Alton garage.
- I OBPl
City Clerk's Office Legislative Tracking:
Joyce Meyers, Planning Department
Account
I I
Total I
Amount
NIA
Source of
Funds: 1
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
MEMO # COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
/'
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1
SUBJECT: Alton Road Parking District No. 5
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MIAMI BEACH, FLORIDA, BY
AMENDING CHAPTER 130 OFFSTREET PARKING, ARTICLE II "DISTRICTS;
REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," CREATING A
NEW PARKING DISTRICT NO. 5, AND SECTION 130-33 "OFFSTREET PARKING
REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW
PARKING REGULATIONS FOR PARKING DISTRICT NO. 5, FOR PROPERTIES WITH A LOT
LINE ON ALTON ROAD FROM sTH STREET TO DADE BOULEVARD, INCLUDING A
REDUCTION IN OFFSTREET PARKING REQUIREMENTS FOR CERTAIN LAND USES AND
BICYCLE PARKING REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission open and continue the
first reading to the February 9, 201 1 meeting.
BACKGROUND
In the Summer of 2006 the Historic Preservation Board initiated the westward expansion of the
Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6"
Street and 14'~ Street in order to protect the character of the adjacent National Register Historic
District as well as the historically significant but yet unprotected properties along this stretch of
Alton Road. It was noted by the board that recent commercial development trends along Alton
Road could significantly adversely impact the quality of life and historic integrity of the National
Register Historic District thereby undermining the cultural tourism appeal and quality of life of the
city.
At the same time the Historic Preservation Board requested the Planning Department to initiate
a major planning study of the Alton Road Corridor, including both sides of the road between 5~
Street and Michigan Avenue, which should include an analysis and evaluation of existing uses
and conditions, historically significant properties, permitted building heights, allowable FAR,
parking conditions and requirements, the efficacy of current zoning, and the character of the
public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality
of landscape.
The board further requested that the Planning Department organize and advertise a series of
community planning workshops, inviting members of the Historic Preservation Board and the
Alton Road Parking District No. 5
January 19, 20f 1
Page 2 of 7
Planning Board, in order to gain public input and insight from local business owners and
residents so that the Department might develop a comprehensive set of planning and zoning
recommendations for future development and preservation along the corridor that would enable
healthy future growth and development without overwhelming or adversely impacting the historic
character of the area.
On ~anuary"l6, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592,
expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton
Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City
Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo
Park Historic District westward expansion to Alton Road between 6 Street and 8 Street
The Planning Department conducted an analysis of existing conditions, issues and opportunities
in the Alton Road corridor and held a community planning workshop on August 20, 2008 to
receive community input on land use, zoning, business development, parking, transit and
pedestrianlbicycle amenities. On January 27, 2009, the Planning Department presented
preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to
the Planning Board. On February 26,2009, the Planning Department and the Planning Board
held a second community planning workshop on the Alton Road Neighborhood Planning Study
to receive community input.
During the Planning Board meetings on April 21,2009, May 26,2009 and August 25,2009, the
Planning Department staff held additional detailed discussions with the Board on the proposed
zoning modifications for the east side of Alton Road in the Flamingo Park Historic District, known
as the Alton Road Historic District Buffer Overlay District. The analysis provided by staff
included recommendations for increased building setbacks and reduced building height, all of
which depended upon reduced on-site parking requirements to achieve the maximum Floor
Area Ratio of 1.5. During the September 22, 2009 Planning Board discussion item, staff
presented specific recommendations for reducing the parking requirements. Those
recommendations have been incorporated into the proposed Alton Road Parking District
ordinance.
During the November 17,201 0 City Commission meeting, the Mayor and Commission continued
the first reading to the January 19, 201 1 Commission meeting and referred the Alton Road
Parking District No. 5 ordinance to the Land Use and Development Committee for further
discussion. On December 13,2010 the Land Use and Development Committee heard public
testimony and discussed the proposed ordinance; then they continued the discussion to their
next meeting on January 31, 201 1.
ANALYSIS
The proposed Alton Road Parking District, entitled Parking District #5, can be classified as
"context-specific parking standards" also known as "flexible parking standards", which are
modeled after a national movement to set parking standards to fit the characteristics of specific
neighborhoods. Citywide parking standards may not always fit the conditions in a particular
neighborhood or the long term vision of how that neighborhood should develop. Context
sensitive or flexible parking requirements are based on certain considerations such as access to
transit, presence of nearby complementary destinations with walkinglbiking distance, potential
for shared parking, auto-ownership rates in the neighborhood, expected demographics of future
residents, implementation of programs to reduce demand for parking and availability of public
parking.
Alfon Road Parking District No. 5
January 19, 201 1
Page 3 of 7
The Alton Road corridor scores high marks in all of the considerations listed above. Parking
District #5 has been tailored to meet the following neighborhood-specific objectives, as identified
during the neighborhood planning process:
I. To minimize the height and bulk of new buildings where required vehicle parking would
be located inside the building.
2. To encourage development of commercial uses that are oriented to local neighborhood
customers and employees who could walk or ride bicycles, rather than those uses that
would attract a large number of vehicle trips.
3. To promote the development of smaller, more affordable housing units.
4. To enable automobile drivers to park once at a convenient location and to access a
variety of commercial enterprises in pedestrian friendly environments by encouraging
shared parking and off-site parking.
5. To reduce diffused, inefficient, single-purpose reserved parking.
6. To provide secure bicycle parking for employees, customers and residents.
Parking District #5 would also support the draft Transportation Element of the City of Miami
Beach Comprehensive Plan, which contains the following policies:
Policy 8.5: Maximum Parking Standards
The City shall examine the economic, transportation and recreational impact of strategically
limiting parking in certain areas, as a means to reinforce alternative modes of transportation.
Policy 8.7: Bicycle Parking
The City shall require all new developments to provide secure short term and long term
bicycle parking in the form of bicycle racks, bicycle lockers, locked rooms or other
appropriate enclosures as a way of reducing the demand for automobile parking.
Policy 8.9: Monitoring Supply and Demand
The City shall continuously monitor and update the parking requirements in the Land
Development Regulations to result in a better ratio of supply to demand which implements
innovative parking strategies in commercial areas to promote multi-modalism.
Policy 6.1 : Transportation Systems Management
The City shall encourage appropriate TSM strategies to improve the mobility systems
efficiency, effectiveness and safety. These may include but are not limited to:
Traffic management and traffic monitoring programs
Incident management
Congestion management
Access management
Parking policies which discourage single-occupancv vehicles
The encouragement of camools, vanpools or ridesharing
Programs or projects that improve traffic flow, including projects to improve
signalization
On road bicycle lanes, bicvcle parkin% and bicycle amenities at commercial and
residential uses
Alton Road Parking District No. 5
January 19, 201 1
Page 4 of 7
Improve intersections, and implement Intelligent Transportation Systems (ITS)
strategies, including Pedestrian oriented intersection design strategies
Pedestrian countdown signals
Policy 6.2: Transportation Demand Management
The City shall encourage appropriate TDM strategies to improve the mobility systems
efficiency, effectiveness and safety. These may include but are not limited to efforts to
reduce the dependence on single-occupant vehicle trips, and the encouragement of the use
of bicycle, pedestrian and transit modes as a means of commuting and recreational mobility.
These may include, but are not limited to:
carpools,
van pools,
demand response service,
paratransit services (for special needs population),
publiclprivate provision of transit service,
m bike sharing, or-shared car initiatives,
provision of bicvcle racks
provision of parking for carpools
alternative hours of travel, including flexible work hours, staggered work shifts,
compressed work weeks and telecommuting options,
subsidy of transit fares,
used of long term parking to be developed at City's entry points,
shared vehicular and pedestrian access for compatible land uses, where possible,
shared parking agreements for compatible land uses, where possible,
provision of transit amenities,
car share vehicle parking.
Following is an explanation of each section of the proposed ordinance.
Boundaries: The proposed parking district no. 5 includes those properties with a lot line on Alton
Road from 5 Street on the south to Dade Boulevard on the north with the exception of properties
included in parking district no. 2 (Lincoln Road). Analysis shows that all properties in this
corridor segment share common characteristics with respect to parking needs and future
development objectives.
Residential parkinq: The proposed ordinance would to reduce parking requirements for new
residential construction or for increasing the number of units in an existing building. The
proposed parking ratios are based on the size of the units with small incremental increases in
the required number of parking spaces as the unit sizes get larger. These ratios will more closely
mirror the actual size of existing apartment units and the rate of vehicle ownership within the
neighborhood. Data from the 2000 Census shows that over 36% of the households in the study
area had no car at all and another 51 % owned only 1 car. The reduced parking requirement for
smaller apartments will help to reduce the cost of those units, which supports an important
objective for housing affordability.
Further reductions in the minimum residential parking requirements are available on a voluntary
basis for unreserved parking spaces and for parking spaces dedicated to an official car sharing
program sanctioned by the City.
Retail stores, food stores and personal service establishments: The first 2,500 square feet for
each individual establishment is proposed to be exempted from any parking requirement up to a
Alton Road Parking District No. 5
January 19, 201 I
Page 5 of 7
total aggregate square footage of 10,000 square feet per development site. The theory behind
this is that generally, smaller businesses will be catering to the local residential market, where
many of the customers currently access the businesses by walking, bicycling or the South Beach
Local. Attracting locally-oriented businesses is an objective identified during the Alton Road
neighborhood planning process. This is a more targeted parking exemption than that which is
used in parking districts 2, 3, and 4, where all retaillservice uses are exempted from parking
requirements. Any portion of an establishment over 2,500 sq. ft. or over a total aggregate
square footage of 10,000 sq. ft. will be subject to the existing parking requirement of 1:300.
Restaurant, outdoor cafe or bar: The first 1,500 square feet or 60 seats (up to a total aggregate
square footage of 5,000 square feet per development site) is proposed to be exempted from any
parking requirement. The logic is the same as for retaillservice uses except that the occupancy
is much higher per square foot in food and drink establishments. Any portion of an
establishment over 1,500 square feet or 60 seats (or over a total aggregate square footage of
5,000 sq. ft.) will be subject to the existing parking requirement of 1 space per 4 seats or 1
space per 60 square feet of space not used for seating.
Hotel, suites hotel, motel or motor lodne: The proposed ordinance would require a minimum of
1 space per 2 units, which is half of the existing requirement of 1 space per unit. This is based
on the assumption that hotel guests generally do not need a car in this neighborhood, and that
most of the employees will access the site by walking, bicycling or transit.
Offices: The proposed minimum parking requirement for office space is the same as the
existing requirement (1 :400 and medical I :300). However, a reduction of 20% is available in
exchange for a voluntary covenant ensuring that there will be no reserved parking for individual
tenants.
Centralized parkinq: This option is available to non-residential development located near a
publicly accessible parking facility (public or private-owned), provided that a parking study
demonstrates that there are a sufficient number of parking spaces available to serve the subject
development. The proposed reduction in the minimum parking requirement is based upon
distance from the off-site facility: 30% for sites within 500 feet, 20% for sites within 1000 feet and
10% for sites within 1200 feet. This policy support the efficient use of centralized parking
facilities and encourages customers to park their car once and walk to a variety of destinations
in the commercial district, rather than driving to multiple private parking lots.
Shared parking: Section 130-221 of the City code currently provides a parking reduction for
mixed-use developments based upon the day and time of peak parking demand for each type of
land use. However, it does not include residential uses and does not allow off-site parking.
Parking district no 5 would add residential uses to the shared parking calculation at a rate of
50% utilization for daytime weekdays, 70% utilization for daytime weekends, and 100%
utilization for nighttime. The proposed ordinance would also allow the shared parking spaces to
be located off-site within 600 feet.
Carpool and vanpool parking: The proposed ordinance would reduce the minimum parking
requirement by 3 parking spaces for every 1 parking space reserved for carpool or vanpool
vehicles registered with South Florida Commuter Services, not to exceed a reduction of more
than 10% of the off-street parking spaces that would otherwise be required. The property
manager must submit an annual report to the Planning Director documenting the
carpoollvanpool registration and ongoing participation by registered users. This option is limited
to non-residential uses, whereas the residential uses have the car-sharing option described
above.
Alton Road Parking District No. 5
January 19, 201 1
Page 6 of 7
Bicvcle parking: The proposed ordinance would introduce minimum parking requirements for
bicycles, including short term spaces (bicycle racks) for customers and long term spaces for
employees and residents. The long term spaces would require more security such as being
located in a fenced area or inside the building. The bicycle parking requirements are based on
the LEED (Leadership in Energy and Environmental Design) standards for neighborhood
development. They are an important complement to the reduced vehicle parking requirements in
parking district no. 5. The Administration envisions these bicycle parking standards to be a
model for the entire city.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall
consider the long-term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration evaluated the long-term economic impact (at least 5
years) of this proposed legislative action, and estimated that the proposed Alton Road Parking
District No. 5 ordinance will have a direct fiscal impact on parking impact fee revenue of
approximately -$37,000 annually for existing retail and restaurant businesses that would no
longer be required to pay the annual fee-in-lieu of providing parking. In the future, there will be
new businesses that qualify for the parking exemption, thereby reducing potential future revenue
to the parking impact fee fund. However, this is expected to be more than offset by the incentive
that this ordinance provides for development of new businesses in the Alton Road corridor. New
construction and rehabilitation is expected to increase property tax and sales tax revenue to the
City. Reduced parking requirements in this ordinance are also expected to increase parking
revenue, especially in the 5th and Alton garage. Therefore, the long term net fiscal impact is
expected to be positive.
PLANNING BOARD ACTION
On September 28,201 0, the Planning Board held a public hearing on the proposed Alton Road
parking District No. 5 ordinance and recommended approval, as amended, by a 5-0 vote.
CONCLUSION
The Administration recommends that the Mayor and City Commission open and continue the
item to a date certain of February 9, 201 1.
JGM\JGG\vM
T:\AGENDAPOI l\l-19-11Wlton Rd Parking Dist #5 memo.doc
Alton Road Parking Disfrict No. 5
January 19, 201 1
Page 7 of 7
G h$IAMI BEACH Proposed MPorni Beclch Parking District # 5 0
Parking District #5
Planning Board recommended Sept 28,2010
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE ClN OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING
CHAPTER 130 OFF-STREET PARKING, ARTICLE II
"DISTRICTS; REQUIREMENTS," SECTION 130-31 "PARKING
DISTRICTS ESTABLISHED," CREATING A NEW PARKING
DISTRICT NO. 5, AND SECTION 130-33 "OFF-STREET
PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2,
3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR
PARKING DISTRICT NO. 5, FOR PROPERTIES WITH A LOT
LINE ON ALTON ROAD FROM 5TH STREET TO DADE
BOULEVARD, INCLUDING A REDUCTION IN OFF-STREET
PARKING REQUIREMENTS FOR CERTAIN LAND USES AND
BICYCLE PARKING REQUIREMENTS; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILIN; AND AN
EFFECTIVE DATE.
WHEREAS, In the summer of 2006, the Historic Preservation Board initiated the
westward expansion of the Flamingo Park Local Historic District to the east right-of-way
line of Alton Road between 6 Street and 14 Street, and requested the Planning
Department to initiate a major planning study of the Alton Road corridor, including both
sides of the road between 5 Street and Michigan Avenue, to include an analysis and
evaluation of existing uses and conditions, historically significant properties, permitted
building heights, allowable FAR, parking conditions and requirements, the efficacy of
current zoning, and the character of the public right-of-way with regard to pedestrian
amenities, convenient means of transit, and quality of landscape.
WHEREAS, on January 16, 2008, the Mayor and City Commission approved
Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic
District westward expansion to Alton Road between 8 Street and 14 Street; and on
January 28,2009, the Mayor and City Commission approved Ordinance No. 2008-3592,
expanding the boundaries of the Flamingo Park Historic District westward expansion to
Alton Road between 6 Street and 8 Street; and
WHEREAS, the Planning Department conducted an analysis of existing
conditions, issues and opportunities in the Alton Road corridor and held a community
planning workshop on August 20, 2008 to receive community input on land use, zoning,
business development, parking, transit and pedestrianlbicycle amenities; and
WHEREAS, on January 27, 2009, the Planning Department presented
preliminary findings and recommendations for the Alton Road Neighborhood Planning
Study to the Planning Board; and
Parking District #5
Planning Board recommended Sept 28,2010
WHEREAS, on February 26, 2009, the Planning Department and the Planning
Board held a second community planning workshop on the Alton Road Neighborhood
Planning Study to receive community input; and
WHEREAS, on April 21, 2009, May 26, 2009 August 25, 2009, and September
22, 2009, the Planning Board held additional detailed discussions on the proposed
zoning modifications and parking regulations for the Alton Road corridor, and
WHEREAS, on November 17, 2009 and April 27, 2010, the Planning Board
recommended approval of the proposed "Alton Road - Historic District Buffer Overlay"
district which is intended to achieve a more compatible relationship of scale and
massing between new development along the east side of the Alton Road corridor and
the adjoining residential neighborhoods, by promoting mixed-use development that
makes efficient use of parking, by minimizing the concentration of impacts from intense
retail and restaurant development and by encouraging smaller neighborhood-oriented
uses.
WHEREAS, the Alton Road corridor and its adjoining neighborhoods have one of
the lowest rates of automobile ownership in the city and one of the highest rates of
walking, bicycling and transit modes of transportation in the city; and
WHEREAS, the draft Transportation Element of the City of Miami Beach
Comprehensive Plan states that the City shall examine the economic, transportation
and recreational impact of strategically limiting parking in certain areas, as a means to
reinforce alternative modes of transportation; and the City shall continuously monitor
and update the parking requirements in the Land Development Regulations to result in
a better ratio of supply to demand which implements innovative parking strategies in
commercial areas to promote multimodalism; and
WHEREAS, the draft Transportation Element of the City of Miami Beach
Comprehensive Plan states that the City shall require all new developments to provide
secure short term and long term bicycle parking in the form of bicycle racks, bicycle
lockers, locked rooms or other appropriate enclosures as a way of reducing the demand
for automobile parking; and
WHEREAS, the City desires to reduce parking requirements with certain
conditions in the Alton Road corridor between 5th Street and Dade Blvd. in order to
encourage continuing high percentages of walking, bicycling and transit modes of
transportation, to minimize increases in traffic congestion, and to reduce the scale and
massing of new development to be more compatible with adjacent residential
neighborhoods.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Chapter 130 of the City Code, entitled "Off-Street Parking," Article II,
"Districts; Requirements," is hereby amended as follows:
Parking District #5
Planning Board recommended Sept 28,2010
Sec. 130-31. Parking districts established.
(a) For the purposes of establishing off-street parking requirements, the city shall be
divided into #ew five parking districts.
(1 ) Parking district no. ?. Parking district no. 1 is that area not included
in parking districts nos. 2, 3, &and 5.
(2) Parking district no. 2. Parking district no. 2 includes those properties
with a lot line on Lincoln Road from the west side of Washington Avenue
to the east side of Alton Road and those properties north of Lincoln Road
and south of 17th Street from the west side of Washington Avenue to the
east side of Lenox Court.
(3) Parking district no. 3. Parking district no. 3 includes those properties
with a lot line on Arthur Godfrey Road from the east side of Alton Road to
west side of Indian Creek Waterway.
(4) Parking district no. 4. Parking district no. 4 includes those properties
within the CD-2 and CD-3 commercial districts with a lot line on 71st
Street from the west side of Collins Avenue to the east side of Rue Notre
Dame, and those properties with a lot line on Normandy Drive from the
west side of the Indian Creek Waterway to the east side of Rue Notre
Dame.
(5) Parking district no. 5. Parking district no. 5 includes those pro~erties
with a lot line on Alton Road from 5 Street on the south to Dade Boulevard
on the north, with the exception of properties included in parking district
no. 2..
(b) There shall be no off-street parking requirement for main or accessory uses
associated with buildings that existed prior to October 1, 1993, which are (i)
located within the architectural district, (ii) a contributing building within a local
historic district, or (iii) individually designated historic building. This provision shall
not apply to renovations and new additions to existing buildings which create or
add floor area to new construction which has a parking requirement.
Set. 130-33.Off-street parking requirements for parking districts nos. 2, 3, 4 and
5. -
(a) Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off-street parking
spaces shall be provided for the building, structure or additional floor area as follows. There
shall be no off-street parking requirement for uses in this parking district except for those listed
below:
Parking District #5
Planning Board recommended Sept 28,2010
(b) Except as otherwise provided in these land development regulations, when anv building
or structure is erected or altered in parking district no. 5, off-street automobile parking spaces
shall be provided for the building, structure or additional floor area as follows. For uses not listed
below, the off-street parking requirement shall be the same as for parking district no. 1 in
section 130-32.
jI, Apartment building and apartment-hotel:
a. 0.75 spaces per unit for units between 550 and 799 square feet;
b. 1.0 spaces per unit for units between 800 and 999 square feet;
c. 1.25 spaces per unit for units between 1000 and 1 199 sauare feet;
d. 1.5 spaces per unit for units between 1200 and 1399 square feet;
e. I .75 spaces per unit for units between 1400 and 1599 sauare feet;
f. 2.0 spaces per unit for units above 1600 square feet.
g. Desianated Guest parking: Developments of 20 units or less shall have no
designated guest parking requirements. Multi-familv buildings and suites-hotels with
more than 20 units shall be reauired to provide supplemental designated guest
parking equal to ten percent of the reauired residential parking spaces.
h. Reserved parking: The minimum parking reauirements listed above mav be reduced
bv up to 20 percent in cases where the developer voluntarilv proffers a restrictive
covenant running with the land, form approved bv the Citv Attornev, ensuring that
residential parking spaces shall be shared bv all residents and shall not be reserved
for individual units. Whenever the end result of the reduction in required parkina is to
provide one space per unit or less, then 100 percent of the parking spaces shall not
be reserved: and when there would be more than one parking space per unit, then
no more than one space per unit shall be reserved.
i. Car Sharing: The minimum parking requirements listed in a - a above mav be
reduced bv 4 parking spaces for everv 1 parking space reserved for a vehicle owned
and operated bv an official car-share program sanctioned bv the Citv of Miami
Beach.
12) Retail stores, food stores, personal senlice establishments: There shall be no
parking requirement for individual establishments of 2,500 sauare feet or less. This may
applv to multiple establishments in a building up to a total anareaate sauare footage of
10,000 square feet, For anv portion of an individual establishment over 2,500 sauare
feet or over a total aggrerrate square footage of 10,000 sauare feet, there shall be one
space for everv 300 sauare feet of floor area.
(3) Restaurant, outdoor cafe or bar: There shall be no parkina requirement for individual
establishments of 60 seats or less and 1,500 square feet or less. This mav applv to
multiple establishments in a building up to a total aggregate sauare footage of 5,000
square feet. For anv portion of an individual establishment over 60 seats or 1500 sauare
feet or over a total aggregate square footage of 5,000 sauare feet, there shall be one
space per four seats or one space per 60 square feet of space not used for seating.
Parking District #5
Planning Board recommended Sept 28,2010
(4) Hotel, suites hotel, motel or motor lodge: One space per 2 units; however, suites
hotel units as defined in section 142-1 105 that are greater than 550 square feet and that
contain full cooking facilities shall have the same parking reauirement as apartment
buildings in (I) above. Required parking for hotel accesson, uses shall be the same as
for (2) and (3) above:
(5) Offices: 1 space per 400 square feet of floor area. However, medical offices and
clinics or offices located on the ground floor shall provide one space per 300 square feet
of floor area. The minimum parking requirements for office uses mav be reduced bv up
to 20 percent in cases where the developer voluntarilv proffers a restrictive covenant
running with the land, form approved bv the Citv Attorney, ensuring that the required
office parking spaces shall be shared bv all users in the building and shall not be
reserved for individual persons or tenants.
(6) All non-residential uses: The minimum parking requirement mav be reduced as
follows:
a. Centralized parking: The minimum parking requirement mav be reduced for
properties located near a publiclv accessible off-street parkins facilitv according
to the followina formulas: up to 30 percent within 500 feet, UP to 20 percent within
1000 feet, up to 10 percent within 1200 feet. Such reduction shall be subiect to a
finding bv the Planning Director based upon a parking study provided bv the
applicant that documents the availabilitv of parking spaces within the publiclv
accessible parking facilitv to serve the residual demand resulting from the
reduced number of on-site parking spaces, and the availabilitv of safe pedestrian
access routes to the off-site parking supplv.
b. Shared parking: Mixed use development is encouraged to utilize the Shared
Parking calculations in Section 130-221. Parking for residential uses mav be
included in the Shared Parking calculation at a rate of 50% for davtime
weekdavs, 70% for davtime weekends and 100% for all other times. Shared
Parking shall be designated by appropriate signage and markings. The Shared
Parking facility mav be located off-site within 600 feet of the uses served, subject
to section 130-36.
c. CarpoolNanpool parking: The minimum parking requirement may be reduced by
3 parking spaces for even, 1 parkina space reserved for carpool or vanpool
vehicles registered with South Florida Commuter Services, not to exceed a
reduction of more than 10% of the off-street parking spaces that would otherwise
be required. The propertv manager must submit an annual report to the Planninq
Director documenting the car~ool/vanpool registration and ongoing participation
bv registered users.
(7) Bicycle Parking. Short term and long term bicvcle parking shall be provided for new
construction or substantial rehabilitation over 1.000 sq. ft. according to the minimum
standards in the table below and the "Guidelines for the Design and Management of
Bicvcle Parking FacilitiesJJ available from the Planning Department.
a. Short Term bicycle ~arking (bicvcle racks) serves people who leave their bicvcles
for relativelv short periods of time, tvpicallv for shopping, recreation, eating or
errands. Bicvcle racks should be located in a hiahlv visible location near the main
entrance to the use.
Parking District #5
Planning Board recommended Sept 28,2010
b. Lona Term bicvcle oarking includes facilities that provide a high level of securitv
such as bicvcle lockers, bicvcle canes and bicvcle stations. These facilities serve
people who frequentlv leave their bicvcles at the same location for the dav or
overnight.
TABLE INSET
c. Developers are encouraged to provide more than the minimum requirement as
appropriate for the particular uses in a building. The minimum required vehicular
parkina shall be reduced bv: 1 space for everv 5 lona term bicvcle parking
spaces and/or I space for everv 10 short term bicvcle parking spaces, not to
exceed a total of I5 percent of the required vehicle parking spaces.
Land use
Commercial non-retail
Retail -
Restaurants, bars, nightclubs
Hotel -
Multifamilv residential
d. Nonresidential uses that provide showers and changinn facilities for bicvclists
shall be exempted from vehicle parking requirements at a rate of 2 vehicle
parking spaces for each separate shower facilitv UP to a maximum of 8 parking
spaces.
e. Short term bicvcle parkinq spaces may be provided in the public right-of-wav,
subiect to design review, in situations where suitable space near the entrance to
the building or storefront is not available on private pro~ertv. Bicvcle parking in
the public right-of-wav shall be subiect to review and approval bv the Public
Works Department and shall not encroach on the pedestrian throuahwav zone.
Minimum short term bicvcle
parking spaces (whichever is
greater)
4 per proiect or 1 per 10,000
sa. ft.
1 per business, 4 per proiect
or 1 per 5,000 sa. ft.
I per 10 seats or occupants
2 per hotel or 1 per 10 rooms
4 per proiect or 1 per 10 units
Minimum lona term bicvcle
parkina spaces (whichever is
gm
1 per 10% of emplovees or
2 for 5,000 sa ft and under
3 for 5.001-20,000 sa. ft
6 for 20.001 - 50,000 sa. ft.
10 for 50,000 sa. ft. and over
1 per 10% of emplovees or
2 for 5,000 sa ft and under
3 for 5.001-20,000 sa. ft
6 for 20,001 - 50.000 sa. ft.
10 for 50,000 sa. ft. and over
I per 10% of emplovees
1 per 10% of em~lovees
I per unit
Parking District #5
Planning Board recommended Sept 28,2010
SECTION 2. CODIFICATION.
It is the intention of the City Commission, 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
as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section"
or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 20-.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
n & FOR EXECUTION
First Reading:
Second Reading:
Verified by:
Richard Lorber, AICP, LEED
Acting Planning Director
T:\AGENDA\2010\November 17\Regular\Alton Rd Parking Dist 5 ord.doc
Parking District #5
Planning Board recommended Sept 28,2010
Attachment #I - map
F:\PLAN\$ALL\Alton Road Study\parking\Parking Dist 5 ordinance draft updated.doc
COMMISSION ITEM SUMMARY
Condensed Title:
IA~ Ordinance establishing regulations and criteria for commercial loading in areas that are in close
I - -
proximity to residential areas; providing for civil fines, appeal process, repealer, severability, and an
effective date.. I
Key Intended Outcome Supported:
Improve Parking Availability; Maintain Financial Health and Overall Bond Rating.
Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate
the availability of parking across the City as too little or much too little. Availability of parking was one of
the changes residents identified to Make Miami Beach better to live, work or play.
Issue:
Whether to approve on first reading an ordinance establishing commercial loading regulations in areas
that are in close proximity to resident uses?
Item Summary/Recommendation:
On September 15, 2010, the Mayor and Commission referred item R5L to the Land Use andl
Development Committee for further discussion. The referral was granted based upon a request from
the Ocean Drive Association regarding concerns with various components of the proposed ordinance.
Subsequently, the Administration met with representatives of the Ocean Drive Association and their
legal counsel to address their concerns regarding operational and enforcement issues. Please note
that the proposed ordinance authorizes the City Manager or his designee to designate certain hours for
commercial loading and conversely prohibit commercial loading during certain hours. The prohibition of
commercial loading is intended to address nuisances that may take place adjacent residences. The
following operational and enforcement policies were agreed upon by both the Administration and the
ODA to provide more equitable operational and enforcement provisions for both the entertainment
districts and residents. These are: signs prohibiting commercial loading shall be prominently displayed
on the affected blocks providing commercial establishments with notification of the regulations;
commercial loading shall be prohibited during the following hours: 11 :00 PM to 7:00 AM; the civil fines
first offense shall be a "Warning"; the Administration shall seek input from the Transportation and
Parking Committee (TPC) regarding any amendments to aforementioned policies.
FISCAL IMPACT - The Parking Department and Code Compliance Division are charged with the
enforcement provision of this proposed City Code amendment. There is an estimated fiscal impact of
$12,679.38. This estimate is comprised of $7,204.82 by Code Compliance and $5,474.56 for the
Parking Department. This estimate is based on a formula utilizing four (4) hours of Code Compliance
personnel and four (4) hours of Parking Enforcement personnel weekly (and then annualized) utilizing
their mid-point salary range. This shall likely be partially offset by revenues generated from parking
citations; code violations; and special master hearings/assessments.
I Approve on First Reading and Schedule a Second Reading and Final Public Hearing I
Advisory Board Recommendation:
The Land Use and Development Committee endorsed the proposed ordinance at its November 22,2010 meeting
and the Transportation and Parking Committee endorsed it at its December 13, 2010 meeting.
Financial Information:
Source of
City Clerk's Office Legislative Tracking: I Saul Frances, Parking Director
Funds:
OBPl
Sian-Offs:
Total I
Approved Amount
Financial Impact Summary:
Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
/
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 201 1 @ RRSTREADlNG
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED
"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED
"METERED PARKING," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 106-47, ENTITLED
"FREIGHT, COMMERCIAL, AND PASSENGER CURB LOADING
ZONES; HOURS, DELIVERIES" BY AMENDING COMMERCIAL
DELIVERY REGULATIONS AND PROVIDING RELIEF TO
RESIDENTIAL AREAS IN CLOSE PROXIMITY TO COMMERCIAL
OPERATIONS WITH LATE HOUR DELIVERIES AND SIMILAR
HABITUAL SOURCES OF NOISE; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and Commission approve the amendment of the
ordinance and schedule a second reading and final public hearing.
BACKGROUND:
On September 15, 2010, the Mayor and Commission referred item R5L to the Land Use and
Development Committee for further discussion. The referral was granted based upon a request from
the Ocean Drive Association regarding concerns with various components of the proposed ordinance.
Subsequently, the Administration met with representatives of the Ocean Drive Association and their
leg31 counsel to address their concerns regarding operational and enforcement issues. Please note
that the proposed ordinance authorizes the City Manager or his designee to designate certain hours
for commercial loading and conversely prohibit commercial loading during certain hours. The
prohibition of commercial loading is intended to address nuisances that may take place adjacent to
residences. The following operational and enforcement policies were agreed upon by both the
Administration and the ODA to provide more equitable operational and enforcement provisions for
both the entertainment districts and residents. These are:
Signs prohibiting commercial loading shall be prominently displayed on the affected blocks
providing commercial establishments with notification of the regulations.
Commercial loading shall be prohibited during the following hours: 1 1 :00 PM to 7:00 AM.
January 19,201 1
Commercial Deliveries Ordinance
Page 2 of 3
The civil fines first offense shall be a "Warning".
0 The Administration shall seek input from the Transportation and Parking Committee (TPC)
regarding any amendments to aforementioned policies.
The Land Use and Development Committee endorsed the ordinance at its November 22,201 0 meeting
and the Transportation and Parking Committee endorsed it at their December 13, 2010 meeting. It
should also be noted that the ODA was very cooperative and instrumental in alleviating some of the
commercial loading nuisances which were occurring from one particular establishment on the 1400 block
of Ocean Drive. The ODA was successful in having the corporate offices of this particular establishment
alter their delivery route in effort to have this establishment receive commercial deliveries during normal
business hours.
PROPOSED COMMERCIAL LOADING MUNICIPAL ORDINANCE
The City Attorney's Office and the Administration met and drafted the following proposed amendment to
the City Code, creating a new section restricting commercial deliveries in areas where residents live in
close proximity to commercial operations with late hour deliveries and similar habitual sources of noise.
This ordinance is directed at the business venues accepting deliveries outside of the specified hours. It
should be noted that delivery vehicles and drivers will continue to be cited under the existing traffic
regulations.
Sec. 106-47. Freight, commercial and passenger curb loading zones; hours, deliveries.
(a) The city manager or his designee is hereby authorized to designate any street freight,
commercial and passenger curb loading zones as permissible automobile parking areas
during such hours as such officials, in their discretion, may direct.
(b) Freight, commercial and passenger curb loading zone regulations, including as posted by
sign, may be enforced, in addition to the procedures provided in this chapter, against
property owners and/or businesses which accept services or deliveries from vehicles
violating such regulations.
(c) Civil fine for violators. The following civil fines shall be imposed for a
violation of this section:
(1) First offense ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . Warning
(2) Second offense (within one year of the first offense) $ 150.00
(3) Third offense (within one year of first offense) $ 300.00
(4) Fourth or more offenses (within one year of the first offense) $ 600.00
(d) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal.
(1) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice of violation; or
b. Request an administrative hearing before a special master to appeal the notice of
violation within 10 days of the issuance of the notice of violation.
(2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in
sections 30-72 and 30-73.
(3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative
hearing before a special master, the special master shall be informed of such failure by report from the
code compliance officer. Failure of the named violator to appeal the decision of the code compliance
January 19,201 1
Commercial Deliveries Ordinance
Page 3 of 3
officer within the prescribed time period shall constitute a waiver of the violator's right to administrative
hearing before the special master. A waiver of the right to an administrative hearing shall be treated as
an admission of the violation, and fines and penalties may be assessed accordingly.
(4) Any party aggrieved by a decision of a special master may appeal that decision to a court of
competent jurisdiction.
(e) Enforcement. The code enforcement department or parking department shall enforce the
provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies
from any action to assure compliance with this section and all applicable laws. If a parking enforcement
specialist or a code compliance officer finds a violation of this article, the parking enforcement specialist
or the code compliance officer shall issue a notice of violation to the violator as provided in chapter 30 of
this Code, as may be amended from time to time. The notice shall inform the violator of the nature of the
violation, amount of fine for which the violator is liable, instructions and due date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing within ten days after
service of the notice of violation and that failure to appeal the violation within the ten days, shall
constitute an admission of the violation and a waiver of the right to a hearing.
FISCAL IMPACT
The Parking Department and Code Compliance Division are charged with the enforcement provision of
this proposed City Code amendment. There is an estimated fiscal impact of $12,679.38. This estimate
is comprised of $7,204.82 by Code Compliance and $5,474.56 for the Parking Department. This
estimate is based on a formula utilizing four (4) hours of Code Compliance personnel and four (4) hours
of Parking Enforcement personnel weekly (and then annualized) utilizing their mid-point salary range.
This shall likely be partially offset by revenues generated from parking citations; code violations; and
special master hearingslassessments.
CONCLUSION
The CityAttorneyls Office and the Administration recommend that the Mayor and Commission approve
the ordinance on first reading and schedule a second reading and final public hearing.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF
MlAMl BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC
AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED
PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING SECTION 106-47, ENTITLED "FREIGHT, COMMERCIAL,
AND PASSENGER CURB LOADING ZONES; HOURS, DELIVERIES" BY
AMENDING COMMERCIAL DELIVERY REGULATIONS AND PROVIDING
RELIEF TO RESIDENTIAL AREAS IN CLOSE PROXIMITY TO
COMMERCIAL OPERATIONS WITH LATE HOUR DELIVERIES AND
SIMILAR HABITUAL SOURCES OF NOISE; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, residents of the North Ocean Drive area and other areas of the City have
expressed concerns about businesses that have late night commercial deliveries and the negative
impact that this causes to nearby residents; and
WHEREAS, the Land Use and Development Committee met on May 27, 2010 and
subsequently on July 26, 2010 and held extensive discussion on the item and directed the City
Attorney's Office and the Administration to develop a municipal ordinance relating to commercial
deliveries in areas where residents live in close proximity to commercial operations with late hour
deliveries and similar habitual sources of noise; and
WHEREAS, the Parking Department and Code Compliance Division would be charged with
enforcing these proposed commercial delivery regulations when a property owner accepts any
deliveries in violation of the posted commercial delivery regulations.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 106, "Traffic and Vehicles," Article 11, "Metered Parking," Division I,
"Generally," Section 106-47, "Freight and passenger curb loading zones," of the Code of the City of
Miami Beach, Florida, is hereby amended as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE 11. METERED PARKING
DIVISION I. GENERALLY
Sec. 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries.
@J The city manager or his designee is hereby authorized to
designate any street freight, commercial, an-rones as permissible
automobile parking areas during such hours as such officials, in their discretion, may direct.
Jb) Freight, commercial, and passenger curb loading zone regulations, including as posted
bv sign, mav be enforced, in addition to the procedures provided in this chapter, aaainst propertv
owners andlor businesses which accept services or deliveries from vehicles violating such
regulations.
Ic) Civil fine for violators. The following civil fines shall be imposed for a violation of this
section:
(1) First offense Warninq
(2) Second offense (within one vear of the first offense) $1 50.00
(3) Third offenses (within one year of the first offense) $300.00
(4) Fourth or more offenses (within one vear of the first offense) $600.00
Id) Enforcement. The code enforcement department or parking department shall enforce
the provisions of this section. This shall not preclude other law enforcement agencies or renulatow
bodies from anv action to assure compliance with this section and all applicable laws. If a parkinq
enforcement specialist or a code compliance officer finds a violation of this article, the parkinq
enforcement specialist or the code compliance officer shall issue a notice of violation to the violator
as provided in chapter 30 of this Code, as may be amended from time to time. The notice shall
inform the violator of the nature of the violation, amount of fine for which the violator is liable,
instructions and due date for paving the fine, notice that the violation mav be appealed bv reauestinq
an administrative hearing within ten days after service of the notice of violation and that failure to
appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of
the right to a hearing.
(e) Rights of violators; pavment of fine; right to appear; failure to pav civil fine or to appeal.
11) A violator who has been served with a notice of violation shall elect either to:
a. Pav the civil fine in the manner indicated on the notice of violation; or
b. Request an administrative hearing before a special master to appeal the
notice of violation within 10 days of the issuance of the notice of violation.
12) The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73.
(3) If the named violator after notice fails to pav the civil fine, or fails to timelv request
an administrative hearing before a special master, the special master shall be
informed of such failure bv report from the code compliance officer. Failure of the
named violator to appeal the decision of the code compliance officer within the
prescribed time period shall constitute a waiver of the violator's riqht to administrative
hearing before the special master, and be treated as an admission of the violation,
and fines and penalties may be assessed accordinglv.
14) Anv party aggrieved bv a decision of a special master mav appeal that decision to
a court of competent iurisdiction.
SECTION 2. CODIFICATION.
It 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 "sectionJ1, "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (I 0) days following adoption.
PASSED AND ADOPTED this day of January, 201 1.
MATTI HERRERA BOWER
MAYOR
ATTEST:
ROBERT PARCHER, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Underline denotes new language
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Amending Chapter 2 Of The Miami Beach City Code, Entitled "Administration," By Amending
Article lii Thereof, Entitled "Agencies, Boards, And Committees," By Amending Division 9
Thereof, Entitled "Health Advisory Committee," By Amending Section 2-81 (D), Entitled
"Composition," By Amending The Membership Of The Board To EliminateA Member From The
South Shore Hospital And Providing Under A New Subsection (D)(8) For Another Board
Member Which May Be A Physician Or A Private Individual; Providing For Repealer;
Codification; Severability; And An Effective Date.
Key Intended Outcome Supported:
NIA
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Shall The Mayor And City Commission Amend The City Code By Amending Sec. 2-81(d) To
Eliminate A Member From South Shore Hospital And Add A Physician or Private Individual
Member To The Health Advisory Committee To Maintain The 11 Member Composition?
Item SummarylRecommendation:
FIRST READING
At the December 8, 2010 Commission Meeting, it was recommended to eliminate the
requirement to have a South Shore Hospital member, since the facility closed, and in turn, add a
physician or private individual member to keep the membership at 11 members.
The purpose of the Health Advisory Committee is to afford opportunities for private sector input
and recommendation for the future development of health care in our community.
The Health Advisory Committee holds regular meetings to review and advise the administration
and the Commission regarding all matters that relate to the efficient and balanced health care for
the citizens and visitors of the City.
I The Administration recommends adopting the Ordinance. I
Advisory Board Recommendation: I NIA
Financial Information:
City Clerk's OfFice Legislative Tracking: I Robert E. Parcher, Ext 6451
u
OBPl
Account
3
Total
Amount Source of
Funds:
Financial Impact Summary:
1
I *,
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO : Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager c>n(
DATE: January 19, 201 1 FIRST READING
SUBJECT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH ClTY CODE, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE Ill THEREOF, ENTITLED "AGENCIES, BOARDS, AND
COMMITTEES," BY AMENDING DIVISION 9 THEREOF, ENTITLED
"HEALTH ADVISORY COMMITTEE," BY AMENDING SECTION 2-81(d),
ENTITLED "COMPOSITION," BY AMENDING THE MEMBERSHIP OF THE
BOARD TO ELIMINATE A MEMBER FROM THE SOUTH SHORE HOSPITAL
AND PROVIDING UNDER A NEW SUBSECTION (D)(8) FOR ANOTHER
BOARD MEMBER WHICH MAY BE A PHYSICIAN OR A PRIVATE
INDIVIDUAL; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance on first reading and schedule a second reading public hearing.
BACKGROUND
At the December 8, 201 0 City Commission Meeting, the Administration was requested to
delete the City Code reference to South Shore Hospital which is no longer in business.
There are two changes being proposed to the Health Advisory Committee. The first is to
delete the City Code reference to South Shore Hospital. The second change being
proposed, in order to keep the membership at eleven (1 1) members, is to add a new
category of "physician or private individual."
CONCLUSION
The purpose of the Health Advisory Committee is to afford opportunities for private
sector input and recommendation for the future development of health care in our
community.
The Health Advisory Committee holds meetings to review and advise the Administration
and the Commission regarding all matters that relate to the efficient and balanced health
care for the citizens and visitors of the City.
In order to keep the membership at eleven (1 1) members, it is recommended adding a
new category of "physician or private individual" to the committee composition.
JMGIR w PI1
T:\AGENDA\2011\1-19-1 l\Health Advisory Committee MEMO.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MlAMl BEACH
ClTY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill
THEREOF, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES," BY
AMENDING DIVISION 9 THEREOF, ENTITLED "HEALTH ADVISORY
COMMITTEE," BY AMENDING SECTION 2-81(d), ENTITLED
"COMPOSITION," BY AMENDING THE MEMBERSHIP OF THE BOARD TO
ELIMINATE A MEMBER FROM THE SOUTH SHORE HOSPITAL AND
PROVIDING UNDER A NEW SUBSECTION (D)(8) FOR ANOTHER BOARD
MEMBER WHICH MAY BE A PHYSICIAN OR A PRIVATE INDIVIDUAL;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, non-profit South Shore Hospital on Miami Beach was sold to a for-profit development
company in 2004 and is no longer operating as a hospital; therefore eliminating the requirement to have a
member of the Health Advisory Committee ("Committee") representing South Shore Hospital; and
WHEREAS, due to the increased needs of the community relative to health-related issues, an
additional physician or private individual member should be added to the Committee to enable a member to
be selected for the vacancy left by the South Shore Hospital CEO and to keep the membership on the
Committee to eleven (1 1) members.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENTS TO SECTION 2-81(d) OF THE ClTY CODE.
That Section 2-81 (d) of Division 9, Article Ill, Chapter 2 of the Miami Beach City Code is hereby amended as
follows:
CHAPTER 2
ADMINISTRATION
ARTICLE Ill
Agencies, Boards, and Committees.
Division 9. Health Advisory Committee
Sec. 2-81. Established; purpose; powers and duties; composition.
(d) Composition. The committee shall consist of 11 voting members, appointed by the City Commission
at large, upon recommendation of the City Manager:
(1) Twe One member~shall be the chief executive officers (CEOs) or theif kdesignated
administrators from 6 Mount Sinai Medical Center and Sat4
(2) One member shall be the chief executive officer (CEO) from Stanley C. Myers Community
Health Center or his designated administrator.
(3) Two members shall be administrators from an adult congregate living facility (ACLF); andlor
an assisted living facility (ALF).
(4) One member shall be a representative from the nursing profession.
(5) One member shall be a health benefits provider.
(6) Two members shall be physicians.
(7) Two members shall be consumers, consisting of one individual from the corporate level and
one private individual.
/8) One member shall be a phvsician or an individual with medical trainina or experience.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, 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 as amended; that the
sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the
word "ordinance" may be changed to "section" or other appropriate word.
SECTION 3. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of ,2011
PASSED and ADOPTED this lgth day of January of 2011.
ATTEST:
Matti Herrera Bower, Mayor
Robert E. Parcher, City Clerk
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COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution of the Mayor and City Commission of the City Of Miami Beach, Florida, pursuant to Miami Beach City I
Code Section 11 8-563, granting a Certificate Of ~p~ropriateness for Demolition for the removal of up to six (6)
Australian Pine Trees from the Pine Tree Drive Historic Site.
Key Intended Outcome Supported: I NIA
Supporting Data (Surveys, Environmental Scan, etc.): 1 NlA
Issue:
Should the City Commission grant a Certificate of Appropriateness for Demolition of the removal of up to six (6)
Australian Pine Trees from the Pine Tree Drive Historic Site?
Item SummarylRecommendation:
PUBLIC HEARING
Adopt the Resolution.
Advisory Board Recommendation:
On January 1 lt" 201 1, the Historic Preservation Board (HPB) will hear the request to grant a Certificate of
Appropriateness for Demolition for the removal of up to six (6) Australian Pine Trees from the Pine Tree Drive
Historic Site.
'inancia1 Information:
City Clerk's Office Legislative Tracking: I Richard Lorber or Thomas Mooney
Funds:
OBPI
T:MGENDA\2011\1-19-1 I\Pine Tree Drive Tree Removal - SUM.docx
Account Source of
1
2
Total
AGENDA ITBY R7a
DATE 1-19-21,
Amount
Financial Impact Summary:
AMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibea~hfl.~ov
COMMISSION MEMORANDUM
TO : Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager PUBLIC HEARING
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PURSUANT TO MIAMI BEACH ClTY CODE SECTION
448-563 TO GRANT A CERTIFICATE OF APPROPRIATENESS FOR THE
REMOVAL OF UP TO SIX EXISTING AUSTRALIAN PlNE TREES FROM THE PlNE
TREE DRIVE HISTORIC SITE.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution granting the Certificate of Appropriateness for Demolition.
BACKGROUND:
In September of 201 0, an independent risk assessment of the 300 Australian Pine Trees located
along Pinetree Drive was undertaken at the request of the City's Parks & Recreation
Department. During the hurricanes of 2004 and 2005, approximately 5 of the trees fell. More
recently, on September 15,201 0, another large Australian Pine fell on a calm morning. All six (6)
of these failures, according to the report commissioned by the City, were the result of 'basal
decay'.
In order to further, and more accurately, assess the health of the existing trees along this historic
roadway, the City's Parks Department and the Miami-Dade County Public Works Department
are seeking to remove 5-6 Australian Pine Trees for a more detailed examination.
While highly sensitive to the critical role that the existing Australian Pine Trees along Pine Tree
Drive play in the history of the City, staff does recognize that there are tangible safety concerns
associated with the existing trees. As such, staff is not opposed to the limited removal proposed
by the City's consultant, in order to more accurately determine the physical condition of the
trees.
On January 1 lth, 201 1, the Historic Preservation Board (HPB) will hear the request to grant a
Certificate of Appropriateness for Demolition for the removal of up to six (6) existing Australian
Pine Trees from the Pine Tree Drive Historic Site.
Due to the emergency nature of the situation, the City Commission public hearing required for
this action has been set for today's Commission meeting. The action of the HPB on January
1 lth will be reported to the Commission as part of the staff presentation.
CONCLUSION:
The Administration recommends that, upon conclusion of the Public Hearing, the City
Commission adopt the Resolution and grant a Certificate of Appropriateness for Demolition for
the removal of up to six (6) existing Australian Pine Trees from the Pine Tree Drive Historic Site.
T:WGENDA\2011\1-19-1 l\Pine Tree Drive Tree Removal - MEM.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl
BEACH, FLORIDA, PURSUANT TO MlAMl BEACH ClTY CODE SECTION 118-563 TO
GRANT A CERTIFICATE OF APPROPRIATENESS FOR THE REMOVAL OF UP TO
SIX EXISTING AUSTRALIAN PlNE TREES FROM THE PlNE TREE DRIVE HISTORIC
SITE.
WHEREAS, Pine Tree Drive from 3oth to 46th Street is a Designated Historic Site; and
WHEREAS, the existing Australian Pine Trees along Pine tree Drive are considered a
'Significant Landscape Feature'; and
WHEREAS, the City of Miami Beach Parks and Recreation Department commissioned an
independent study of the existing Australian Pine Trees along Pine Tree Drive in order to fully
assess their condition and potential viability; and
WHEREAS, the independent study commissioned by the Parks and Recreation Department,
as well as the City's Urban Forrester, have recommended the removal of up to six (6) existing
Australian Pine Trees for a thorough and detailed examination; and
WHEREAS, on January 11, 201 1 the Historic Preservation Board ("HPB") considered a
request by the Miami-Dade County Public Works Department, the owner of the Pine Tree Drive
right-of-way, for a Certificate of Appropriateness for the removal of up to six (6) existing Australian
Pine Trees and recommended favorably for the City Commission to approve the application for a
Certificate of Appropriateness for the removal of such trees; and
WHEREAS, the Commission follows the Historic Preservation Board process of holding a
Public Hearing to consider the granting of a Certificate of Appropriateness for Demolition; and
WHEREAS, the subject property is a public right-of-way, and pursuant to Miami Beach City
Code Sections 118-102(3) and 118-563(i), the HPB recommendation is advisory to the City
Commission, which has final authority for approval or disapproval of the Certificate of
Appropriateness for Demolition; and
WHEREAS, based on the plans and documents submitted with the application, the testimony
and information provided by the applicant, and the reasons set forth in the Historic Preservation
Board Order and staff report, the City Commission finds that the project satisfies the Certificate of
Appropriateness for Demolition Criteria in Section 1 18-564(f)(4) of the Miami Beach Code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA that the Mayor and City Commission hereby grant a
request for a Certificate of Appropriateness for Demolition for the removal of up to six (6) existing
Australian Pine Trees from the Pine Tree Drive Historic Site.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
Robert Parcher, City Clerk Matti Herrera Bower, Mayor
APPROVED AS TO *
Drive Tree Removal - RES rev.doc
- -
8 MIAMIBEACH
CITY OF MIAMI BEACH
1 NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that apubiic hearing will be held by the City Commhsidn of the City of Miami Beach,
in the Commission Chambers, 3rd floor, City Hall, 1700 Wednesday, January 19, 2011 at 10:OO A.M., or as
soon thereafter as the matter may be heard. _
Pursuant to Miami Beach Ciy Code Section 118-563, The City of Miami Beach and Miami-Dade Counv are
seeking a Certificate of Appropriateness for the removal of existing Pine Trees located at 3000-4600 Pine
Tree Drive, a Designated Historic Site. The applicant, the City of Miami Beach and Miami-Dade County, are
requesting a Certificate of Appropriateness for the examination and removal of existing Pine Trees, in order to
assess and address the viability and safety of the trees.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express
their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and, under such I circumstances additional legal notice would not be provided.
Robert E. Parcher
City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal
any decision made by the.City Commission with respect to any matter considered at its meeting or its hearing,
such person must ensure that averbatim record of the proceedings is made, which record includes the testimony I and evidence upon which the appeal is to be based. lQs notice does not constitute consent by the City for the
1 ~ntroductm or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges,or
appeals not otherwise allowed by law..
To request this material in accessible format, sign language interpreters inf~rmaiion on access for persons
w~th disabilities, and/or any accommodatton to revtew any document or partic~pate In any city-sponsored
proceedmg;pleass contact (305) 604-2489 (voice), (3%) 673-72180 five davs in advance to initiate your
reqoesti .Ti% users la@ aissa sd1911 (Florida Relay Berv~ce) AD # 640
I -
42NE I SUNDAY, DECEMBER 12,2010 NE
COMMISSION ITEM SUMMARY
Zondensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, following a duly noticed
public hearing, granting of Certificates of Appropriateness for the demolition of the Robert C. Haas
Handball Courts and for the demolition of a facility known as "Friendship Corner", pursuant to Miami
Beach City Code - Land Development Regulation Section 1 18-564 (f) (4); Both facilities are located at
Flamingo Park, 1200 Meridian Avenue.
Key Intended Outcome Supported: I To ensure well designed quality Capital Projects I
Issue:
Should the City Commission grant the Certificates of Appropriateness for demolition of the Robert C.
Haas Handball Courts and for demolition of a facility known as "Friendship Corner", located at 1200
Meridian Avenue?
tem SummarylRecommendation:
First Reading - Public Hearing
The Robert C. Haas Handball Court facility and Friendship Corner facility, located at 1200 Meridian
Avenue, were constructed within the boundaries of the Flamingo Park (Park). The handball court facility is
approximately 1,888 SF, and the Friendship Corner facility is approximately 2,202 SF. Both facilities are
comprised of a single-story structure. Due to their deteriorated condition, the Parks and Recreation
Department have not programmed the facilities for use.
The request for a recommendation to the City Commission for a Certificate of Appropriateness for
Demolition of the Robert C. Haas Handball Courts and the Friendship Corner facilities was presented to
the Historic Preservation Board (HPB), by CIP staff during the November 9, 201 0 meeting.
The City will also retain for the use of the handball facility patrons, four (4) existing exterior courts, and four
(4) interior courts until the new exteriar handball courts are constructed. A request for a Job Order
Contracting (JOC) cost proposal for this Work has been issued.
The Administration recommends that upon conclusion of the Public Hearing, that the City Commission
grant Certificates of Appropriateness for Demolition of the Robert C. Haas Handball Courts and the
Friendship Corner facilities, located at 1200 Meridian Avenue.
Advisory Board Recommendation: I The Historic Preservation Board reviewed and approved this item at its meeting of November 9,2010.
Financial Information:
1 I
Financial Impact Summary: I
Source of
Funds:
l---l
OBPl
City Clerk's Office Legislative Tracking: 1 Matilde E. Reyes, CIP Office
Sign-Offs:
I
2
3
Total
Amount
NIA
Account
NIA
Approved
NIA
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of th ommission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FOLLOWING A DULY NOTICED PUBLIC HEARING, GRANTING
CERTIFICATES OF APPROPRIATENESS FOR THE DEMOLITION OF THE
ROBERT C. HAAS HANDBALL COURTS AND FOR THE DEMOLITION OF A
FACILITY KNOWN AS "FRIENDSHIP CORNER" PURSUANT TO THE MIAMI
BEACH ClTY CODE - LAND DEVELOPMENT REGULATION SECTION 118-564 (F)
(4); BOTH FACILITIES ARE LOCATED AT FLAMINGO PARK, 1200 MERIDIAN
AVENUE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that that upon conclusion of the Public Hearing, the City
Commission grant Certificates of Appropriateness for the demolition of the Robert C. Haas
Handball Court facility and Friendship Corner facility, located at 1200 Meridian Avenue.
ANALYSIS
The Robert C. Haas Handball Court facility and Friendship Corner facility, located at 1200
Meridian Avenue, were constructed within the boundaries of the Flamingo Park (Park). The
handball court facility is approximately 1,888 SF and the Friendship Corner facility is
approximately 2,202 SF. Both facilities are comprised of a single-story structure. Due to their
deteriorated condition, the Parks and Recreation Department has not programmed the facilities
for use (see attachment 2).
On December 6, 2006, the Administration requested authorization to issue a Request for
Qualification (RFQ) No. 15-06/07, for architectural, engineering, urban design, and landscape
architectural services for the planning, design, bid and award, and construction administration
services for the Flamingo Park Project (Project).
The project Scope of Work, includes the master planning, design development, permitting, bid
and award, and construction administration for improvements including the renovation of, and
improvements to, various facilities within the Park. This includes the demolition of the existing
Haas Handball Courts and the demolition of the Friendship Cornerfacilitywith restoration of the
areas to an open sodded green space as requested by the community.
The Land Use and Development Committee recently discussed the proposed skate park
proposed for the location of the Haas Courts site and concluded that staff should evaluate an
alternate location for the skate park, therefore the area will be restored to an open sodded
green space.
Commission Memorandum - Demolition of the Haas Handball Courts & Friendship Corner
January 19,2011
Page 2 of 2
The City will retain for the use of the handball facility patrons, four (4) existing exterior courts,
and four (4) interior courts until the new exterior handball courts are constructed. The BODR
includes the recommendation for the construction of 8 new exterior handball courts (see
attachment 3). A request for a Job Order Contracting (JOC) cost proposal for the demolition
Work has been issued.
The request for a recommendation to the City Commission for a Certificate of Appropriateness
for Demolition of the Robert C. Haas Handball Courts and the facility known as "Friendship
Corner" was presented to the Historic Preservation Board (HPB), by CIP staff during the
November 9,201 0 meeting.
The HPB supported the recommendation for demolition of the structures independent of
obtaining a building permit for any replacement structures and requested that staff submit the
proposed landscape plan to buffer the potential skate park at the January 11, 201 1 HPB
meeting for approval (See attachment 1 ).
CONCLUSION
The Administration recommends that, upon conclusion of the Public Hearing, the City
Commission grant Certificates of Appropriateness for the demolition of the Robert C. Haas
Handball Court facility, and for the demolition of the Friendship Corner facility, located at 1200
Meridian Avenue.
Since this facility is a City owned property, the Historic Preservation Board (HPB)
recommendation is advisory to the City Commission (pursuant to City Code Section 1 18-563).
Attachment 1 - HPB Order
Attachment 2 - Aerial Location Map
Attachment 3 - Proposed 8 New Handball Courts
T:\AGENDA\2011\1-19-1 l\FLAMINGO PARK - ROBERT C. HAAS COURTS & FRIENDSHIP CORNER DEMOLITION MEMO.doc
407
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FOLLOWING A DULY NOTICED PUBLIC HEARING,
GRANTING OF CERTIFICATES OF APPROPRIATENESS FOR THE
DEMOLITION OF THE ROBERT C. HAAS HANDBALL COURTS AND FORTHE
DEMOLITION OF A FACILITY KNOWN AS "FRIENDSHIP CORNER"
PURSUANT TO THE MlAMl BEACH ClTY CODE - LAND DEVELOPMENT
REGULATION SECTION 118-564 (F) (4); BOTH FACILITIES ARE LOCATED AT
FLAMINGO PARK, 1200 MERIDIAN AVENUE.
WHEREAS, the Robert C. Haas Handball Court facility and the facility known as "Friendship
Corner" were constructed at 1200 Meridian Avenue, within the boundaries of the Flamingo Park; and
WHEREAS, the Robert C. Haas Handball Court facility is approximately 1,888 square feet,
and the "Friendship Corner" facility is approximately 2,202 square feet; and
WHEREAS, the Robert C. Haas Handball Court and the "Friendship Corner" facility are both
comprised of notably deteriorated single-story structures and are not utilized; and
WHEREAS, the Flamingo Park Master Plan was developed for various improvements
including the demolition of the Robert C. Haas Handball Court to allow for construction of a new
teenage activity and the demolition of the facility known as "Friendship Corner", providing additional
passive green space; and I
WHEREAS, the Commission is following the process set forth for demolition of facilities used
by the Historic Preservation Board (HPB) within an historic district of setting a Public Hearing to
consider granting both facilities a Certificate of Appropriateness for Demolition; and
WHEREAS, this facility is a City owned property, and pursuant to City of Miami Beach City
Code Section 118-102(3), the HPB recommendation is advisory to the City Commission; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, that following a duly noticed public
hearing, the Mayor and City Commission hereby grant Certificates of Appropriateness for the
demolition of the Robert C. Haas Handball Court, and the demolition of the facility known as the
"Friendship Corner", pursuant to Miami Beach City Code Section 11 8-563.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
T:\AGENDA\201 I\?-19-1 I\FLAMINGO PARK - ROBERT C. HAAS COURTS & FRIENDSHIP CORNER DEMOLITION RESO.doc
ATTACHMENT I
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: November 9, 2010
FILE NO:
PROPERTY: 1200 Meridian Avenue - Flamingo Park Skate Park
LEGAL: All of that certain tract or parcel of land lying and being in the southwest
quarter of section 34, township 53 south, range 42 east, and in the
northwest quarter of section 3, township 54 south, range 42 east, situated
in the City of Miami Beach, County of Miami Dade, State of Florida. -
-. - - . - ,.,. -. --....-'"*? , " --,--. &-- . . ,- -- -- - - - . .- *. *.-- -7 .-- 4 - - - % - " _I-,.-
'.
' IN RE: - -. 2.. -~Th'i! ;4pplication'for a Ceitificife of Appfopriateness for the demolition of tt-ie a
- -- - -" - -
- exsing Roberf C. Haas Handljall . - ,..-.. Courfs, a *-- - -- and - - . - demolition of the single-stow '
facility known as"~riendship Corner', and the construction of a new skate
park facility and associated landscaping, hardscape, and lighting within .- . .i Flamingo,Park.- - - - - ., I
.- .. - - " .- . . -
---.+-- . ---- The- -q@~ant~-.the-Gi+f- NEiami. -Ekach,filed anapplication - with -.the t.City-gof.-W~ami -gofRe&-iu- .. --:-.
Planning Department for a Certificate of Appropriateness. - ..-.---. -. -.
The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT,
based upon the evidence, information, testimony and materials presented at the public hearing
and which are part of the record for this matter:
A. The subject property is located within the Flamingo Park Local Historic District and the
National Register Architectural District.
B. Based on the plans and documents submitted with the application, testimony and
information provided by the applicant, and the reasons set forth in the Planning Department
Staff Report, the project as submitted is consistent with the Certificate of Appropriateness
Criteria in Section 11 8-564(a)(1) of the Miami Beach Code, is not consistent with Certificate
of Appropriateness Criteria 'a-d' in Section 118-564(a)(2) of the Miami Beach Code, is not
consistent with Certificate of Appropriateness Criteria 'a-e' & 'g-h' in Section 11 8-564(a)(3)
of the Miami Beach Code, and is not consistent with Certificate of Appropriateness for
Demolition Criteria '1-5' in Section 118-564(f)(4) of the Miami Beach Code.
C. The project would be consistent with the criteria and requirements of section 11 8-564 if the
following conditions are met:
Page 2 of 4
HPB File No. 7207
Meeting Date: November 9, 201 0
1 The demolition of the Robert C. Haas Handball Courts, and the demolition of the single
story facility known as 'Friendship Corner', is recommended for approval, and may be
permitted prior to the issuance of a building permit for the skate park, subject to final
approval by the City Commission. Such areas shall be required to be sodded after
demolition and until a building permit for the skate park is issued.
2. A revised landscape plan, prepared by a Professional Landscape Architect, registered
in the State of Florida, and corresponding site plan, shall be submitted to and
approved by the Historic Preservation Board, prior to the completion of the skate park
project.
3. Revised elevation, site plan and floor plan drawings shall be submitted4u :and--- . - ---=
approved by staff; at a minimum, such drawings shall incorporate the following:
a. The final location and details of all exterior fence systems, including materials,
dimensions and finishes, shall be subject to the review and approval of staff.
- - . - * -.,- -<a.
. .. ,. . .b. the final design -and details of ..all .kiierior -wal-kways, including materials;. . .r,
e - dimensions and finishes shall be provided, in a manner to be review,ed,,.and:+ : ,:.t. .,
. .- - approved by staff. - - - . , .. -' 7 - - -
., -,-- -- - , - - - - - - .. .-- -
1 - - . <
, - c. Prior tohhe isjuance of a Certificate of Occupancy, the project Architect :shall.! c- :, 5~2.:
- - . ., verify, -in~writing; that the subject project has been constructed in accordance with + . . -.I
the plans approved by the Planning Department for Building Permit. ,. . , .. .jr, :< <A,;:: ,- , : . . -47 , . 2. . -. -. .. - . - . .-
4. All new and altered elements, spaces and areas shall meet the requirements of ~the
-*-. -. ,, .--.-. .. - - ---+ mo~ida ~@e"~4~i)ttg4&&-(F.~).. - ----.-- --- +- .-- -. -. ...- - - - ---- ,.-----;.- -+---.---L -c---..T--
. -- . . . - - - -
5. The project shall comply with any landscaping or other sidewalklstreet improvement
_ standards as may be prescribed by a relevant Urban Design Master Plan approved
prior to the completion of the project and the issuance of a Certificate of Occupancy.
6. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or
Final Certificate of Completion (CC) may be applied for; the staging and scheduling of
the construction on site shall take this into account. All work on site must be
completed in accordance with the plans approved herein, as well as by the Building,
Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed
herein, and by other Development Review Boards, and any modifications required
pursuant to field inspections, prior to the issuance of a CO or CC. This shall not
prohibit the issuance of a Partial or Temporary CO, or a Partial or Temporary CC.
7. The Final Order is not severable, and if any provision or condition hereof is held void
or unconstitutional in a final decision by a court of competent jurisdiction, the order
shall be returned to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, and/or it is appropriate
to modify the remaining conditions or impose new conditions.
8. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns. A
Page 3 of 4
HPB File No. 7207
Meeting Date: November 9, 2010
9. Nothing in this order authorizes a violation of the City Code or other applicable law, nor
allows a relaxation of any requirement or standard set forth in the City Code.
. .
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for this
matter, and the staff report and analysis, which are adopted herein, including the staff
recommendations, which were amended by the Board, that the Certificate of Appropriateness is
GRANTED for the above-referenced project subject to those certain conditions specified in
paragraph C of the Findings of Fact (Condition Nos. 1-9, inclusive) hereof, to which the
....... - ...... - .............. - ........... - - . - .- - -. . -. ....... - .. - ................ - ...... - - - .. applicant has agreed.
..... . . .- - -- - . - . . . .
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Historic Preservation Board, as determined by staff, entitled "Skate Park, Certificate of
Appropriateness for New Construction and Demolition", as prepared by the City of Miami Beach. - -
Capital Improvement Projects office, dated November 201 0. . -. - -. - . .
- - > --
.......... --‘When- requesting 'a bullding permit, the plans submitted -to the .Building-Department ,f~r-permit.-~- - 1 -- -* - --shall - be consistent W3h-?he-plans approved-by ,the -Board, modified -in. accordance-with the." - -+ .--. --. -. conditions set forth in -this Order. No building permit may be issued--unless and until all -,- , .
..... ' .. C .... ..<.. ..^. conditions of approval .that must be satisfied prior to permit issuance,,.a~.set;.~forth ..i~:this~:.O~der,~-:.,~. :.;:..:$:: ............. . . ... ..... .-, . h;6- "=. Gk&b;;$$f2 .--,, ... 2 ,:: cy:,::: ..<,a :: f.Z%! ,.>, :: . * ..:.. .,-; .. <, . i' .: . .:j;+.;,::c;r-: .... :.- . : . .... . .., . . ' .................... ......... ,-. : .; .,.. : : .". ;. 4. : .' " ' "i'. -3 PY <I.. "
, yo.<.. ....ti/.$ :I.j&.lfi.--: i51m .( . . ...... .. . : - . --.- _ _ ___ ...- .... .-. .. .... . . '-, , .... ".... ...-..
.- ... .v..' .... > ,, . ". :;.. . ;;*.,:,:.:;. ... ..: .. >.:L>.~.T,+- <-. .r: :. ..... : .... '9- ;e.. .:...'!.*s$ ...... s ,*:: .,,. .. - . ... - - ............ .. 1 ... . . : : .; ..*.. ...,, r.;. c..y:.. ?.
-. - .A .... ... The issuancef a Certificate of Appropriateness does 'n& relieve the applicant~fr6rn~obia'ining-all-
.~ ~
.< -- other ~~~-ired .Muni.cjpal, County and/or State reviews and permits,-jncluding final zoning;: .-,
approval. If adequate handicapped access is not provided on the Board-approved plans,-this -- --r
--- =--..,- -,-.-.n-----t' .--- ----:-1..-r---- a%=,* .- --"-r-r-- approval-does not mean fiat such handicappedfaEXsis-Kof feqLiifed.--Wfi&ri rGiiestrric%i . -- -I"-" '
building permit, the plans submitted to the Building Department for permit shall be consistent
with the plans approved by the Board, modified in accordance with the conditions set forth in
this Order. ...
If the Full Building Permit for the project is not issued within eighteen (1 8) months of the meeting
date at which the original Certificate of Appropriateness was granted, the Certificate of
Appropriateness will expire and become null and void. If the Full Building Permit for the project
should expire for any reason (including but not limited to construction not commencing and
continuing, with required inspections, in accordance with the applicable Building Code), the
Certificate of Appropriateness will expire and become null and void.
In accordance with Section 118-561 of the City Code, the violation of any conditions and
safeguards that are a part of this Order shall be deemed a violation of the land development
regulations of the City Code. Failure to comply with this Order shall subject the Certificate of
Appropriateness to Section 11 8-564, City Code, for revocation or modification of the Certificate
of Appropriateness.
Page 4 of 4
HPB File No. 7207
Meeting Date: November 9, 201 0
Dated this 1 O" day of
HISTORIC PRESERVATION BOARD
THE CITY - OF MIAMI BEACH, FLORIDA ,
MOONEY, AICP
DESIGN AND PRESERVATION MA
FOR THE CHAIR
STATE OF FLORIDA )
- -- >ss -. COUNTY'OF MIAMI-DADE ) , . . .. - .. . .
__. .._ _ _ _ . .. . * _ _ .- - _._ I - .r_. ..--.. . _, - -.- %,- ,- - - .- -* .-- -*, -. --
The<. forgoi,ng in~trument,_~was -acknow!gdged-,._ before me this-' id- - .day ..of. .
s,, - - -
~l,ue~Ser . ..\.%
.20& by Thomas R. Mooney, Design and Preservation ~an~~er, - - 1- +-
Planning ~epartmed City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the c&ppi&tion. H;!S pefionklly known tome. - -. . I-- - - \. ,". ; - .!,, <.>$ .- c 2,- -. -L,- ' , - 2 *% --, ,
' +. . -
t. - . - i,* .-, ,
, * J .: * :- *a <f'L .-
*- ." : , - 3% . . ... .- .-NOTARXPUBLIC - . .. - . - .. - -, .- .> ,. . .. ..
r 5.C-
-,> . -
*--*...__--- .-- - . -- '-
Approved As To Form: . -
Legal Department: ( //--/e-Zuf~ )
L'
Filed with the Clerk of the Historic Preservation Board on I (- I 0 - O/u ( r? C )
F:\PLAN\$HPB\I OHPB\No~HPB10\7207nov201O.fo.docx
Flamingo Park
M MIAM-I BEACH
CIN .OF MIAMI BEqGH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given-that a public hearing will be held by thiGi Commission of the Cii of Miami
Beactkin the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive MiamrBeach, Fla.
on Wednesday, January 19,2011 at lU:15 a.m.
A Public Hearing For The Granting Of Certificates Of Appropriateness hr The Demolition 0.f The
Robert C. Haas Handball Courts And For The Demolition M A Facilii Known As "Friendship Corner"
Pursuant To The Miami Beach Ci Code - Land Development Regulation Sedion 118-564 (F) (4),
Both Facilities Are Located At Flamingo Park, 1200 Meridian Avenue.
Inquires may be directed to the Capital Improvement Projects Department at (305) 673-7071.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express
their views in writing addressed to the Gii Commissicp?, c/o the City Clerk, 1700 Convention Center
Drive, 1st Floor, City Hall, Miami Beach,Jloxida 33139TJiis meeting may be opened and continued and,
under such circumstances additional lqal notice would.not'be provided.
i\ . . -
- - . . xi 1 Robert E. Parcher
- a, - City Clerk .. I
d> ;T7
% -- a Gi of Miami Beach
Pursuant to Section 286.01 05, Fla. ~tat.,'the~i hereby advises the public that: if a person decides to
appeal any decision made by the City Comrbission with respect to any matter considered at i$ meeting
or its hearing, sueh person must ensurefhat a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This noticedaes not
constitute consent by the City for the inkoduction,or admission of otherwise inadmissible or irrekvant
.- evidence, nor does it authorize challenges - liiappeals not otherwise allowed by law., .
.*= 2 . . c.0
To request .this material in accessible format, sign-language interpreters, information on access for
persons with disabilities, andlor any accommodal~on to review any document or participate in any
city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-72180 five days in
advance to initiate your request. M users may also call 711 (Florida Relay Service). AD #-yl
<..- "i. & =L r > .*$*>,a -, 5*:l*$Ai
-...- Z" I THURSD% DEEEMBER
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
1 A Resolution Of The Mavor And Citv Commission Of Miami Beach. Florida. A~~rovina. Followina a dulv Noticed Public 1
Hearing, The City's ~laked Use 0; Neighborhood Stabilization prbgram (~$3) ~unvdin~ In ~hg~moint Of $1,475,088
For The Redevelopment Of Vacant Property; Approving A substantial Amendment To The City's Fy 2008-2012
Consolidated Plan And Fy 201 0-1 1 Action Plan To Allocate $1,327,579 Of The (Nsp3) Funds To The City's
Subrecipient, Miami Beach Community Development Corporation (MBCDC) For The Rehabilitation Of Phase I Of The
London House Apartments Located At 1965 Washington Avenue; Authorizing The Citv Manager To Sian Any And All I Necessary elated Documents; Further Authorizing The ~~~ro~r/ation Of ~ederal FU~S In he mount Of $1,475,088. 1
Key Intended Outcome Supported:
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey, 17.5% of businesses
feel that lack of workforce housing is one of their most important challenges.
Issue:
Shall the City Commission approve the submission of an amended action plan for the use of any allocated NSP3 funds from
US HUD for MBCDC's London House Apartments Phase 1 to provide affordable housing for families, authorize the manager
to submit and execute any necessary documents and appropriate NSP3 funds for this purpose?
Item SummarylRecommendation:
On October 20, 2010, the City of Miami Beach received the U.S. Department of Housing & Urban Development (HUD) I
Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants, originally
established under the Housing and Economic Recovery Act of 2008 (the HUD Notice). The HUD Notice outlines the
allocation amounts, methods, and program requirements for the third round of Neighborhood Stabilization Program funding
(NSP3). The City of Miami Beach will be granted $1,475,088 on a formula basis. HUD has instructed entitlement
communities receiving NSP3 funds to immediately begin to prepare and submit their action plan substantial amendments
(Plan) in accordance with the HUD Notice by March 1, 201 1. HUD has established five eligible uses for NSP3 funds and
recipients of NSP3 funds are required to meet HUD-outlined goals and objectives by providing decent housing, a suitable
living environment, and economic opportunity, principally for persons of low- and moderate-income. Each community must
determine a strategy for the use of the funds within these eligibility categories. During the research and analysis period for
the possible uses of NSP3 funds, and in light of the NSP3 required expenditure timelines, it was determined that the use of
NSP3 funds for the rehabilitation of Phase 1 of the London House Apartments to develop larger units to meet the needs of
low income families would be the recommended strategy. The London House Apartments was purchased by Miami Beach
Community Development Corporation in 2007 with funds from the City of Miami Beach Redevelopment Agency. MBCDC
has been actively working to identify funding for the rehabilitation of the building. NSP3 funding is recommended for the
London House Apartments Phase I to reduce the number of units to be able to increase the square footage to suit six units
that will serve low-income work force household families meeting the national and local objective of providing larger housing
units to serve low income households. Other rehabilitation work would also be completed, including energy efficiency
initiatives.
The Administration requests authorization to submit a substantial amendment to HUD describing the use of NSP3 funds
allocating $1,327,579 to the City's subrecipient, Miami Beach Community Development Corporation, for rehabilitation of
Phase I of the London House Apartments located at 1965 Washington Avenue; authorization for the City Manager to sign
any and all necessary related applications and documents; and to further authorize the appropriation of federal funds in the
amount of $1,475,088.
Advisory Board Recommendation:
Financial Information:
I I
City Clerk's Office Legislative Tracking:
1 Anna Parekh x:7260
-
OBPl
Source of
Funds:
I I
Total I
Amount
1
Financial Impact Summary: NIA
Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cit ,Commission /Y
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE fl OR AND CITY COMMISSION OF MIAMI BEACH,
FLORIDA, APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE
CITY'S PLANNED USE OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP3)
FUNDING UNDER DODD-FRANK WALL STREET REFORM AND CONSUMER
PROTECTION ACT, IN THE AMOUNT OF $1,475,088 FOR THE REDEVELOPMENT OF
VACANT PROPERTY; APPROVING A SUBSTANTIAL AMENDMENT TO THE CITY'S FY
2008-2012 CONSOLIDATED PLAN AND FY 2010-11 ACTION PLAN TO ALLOCATE
$1,327,579 OF THE (NSP3) FUNDS TO THE CITY'S SUBRECIPIENT, MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION (MBCDC) FOR THE REHABILITATION
OF PHASE 1 OF THE LONDON HOUSE APARTMENTS LOCATED AT 1965
WASHINGTON AVENUE; AUTHORIZING THE ClTY MANAGER TO SIGN ANY AND
ALL NECESSARY RELATED DOCUMENTS; FURTHER AUTHORIZING THE
APPROPRIATION OF FEDERAL FUNDS IN THE AMOUNT OF $1,475,088.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Housing and Economic Recovery Act of 2008 provided for the development of certain programs
to help stabilize neighborhoods and communities impacted by the high rate of foreclosures. With a
goal of reducing blight created from abandoned properties, the first round of the Neighborhood
Stabilization Program 1 (NSPI) allocated funds through a formula basis to help communities
address this issue. Each community developed a strategy to use the funds within specifically
delineated program areas. The City chose to allocate its formula funds (provided to the City via the
State) for the purchase of foreclosed multi-family housing.
A total of $9.3 million was allocated to the City under NSPI, allowing for the purchase of three
foreclosed buildings. The three buildings will provide 60 units of affordable housing, including nine
large units for families.
ANALYSIS
On October 20, 2010, the City of Miami Beach received the U.S. Department of Housing & Urban
Development (HUD) Notice of Formula Allocations and Program Requirements for Neighborhood
Stabilization Program Formula Grants, originally established under the Housing and Economic
Recovery Act of 2008 (the HUD Notice). The HUD Notice outlines the allocation amounts, methods,
and program requirements for the third round of Neighborhood Stabilization Program funding
(NSP3). Under NSP3, which is funded under the Dodd-Frank Wall Street Reform and Consumer
City Commission Memorandum
NSP3
January 19, 201 1
Page 2
Protection Act, the City of Miami Beach will be granted $1,475,088 on a formula basis. Recipients of
NSP3 funds are required to meet HUD-outlined goals and objectives by providing decent housing, a
suitable living environment, and economic opportunity, principally for persons of low- and moderate-
income.
HUD has instructed entitlement communities receiving NSP3 funds to immediately begin to prepare
and submit their action plan substantial amendments (Plan) in accordance with the HUD Notice by
March 1, 201 1. As you are aware, the City prepares and submits (following a public comment
period and Commission approval) an action plan that delineates the City's approach to addressing
HUD-eligible activities. As this is a new source of funding, an amendment to the action plan
previously submitted by the City is required. The City's Plan is to outline how the City will carry out
the NSP3 activities in the context of a comprehensive plan for the community's vision of how it can
make its neighborhoods not only more stable, but also more sustainable, inclusive, competitive, and
integrated into the overall metropolitan fabric, including access to transit, affordable housing,
employers, and services.
HUD has determined that for NSP3, the states and local governments with the greatest need for
neighborhood stabilization funding are those communities that have high numbers of foreclosed
andlor vacant properties in the neighborhoods with the highest concentrations of foreclosures,
delinquent loans, and subprime loans. The net result is that these funds are highly targeted to
communities with the most severe neighborhood problems associated with the foreclosure crisis.
Under NSP3, and unlike under NSPI, grantees must use the HUD "Foreclosure Need Website" to
submit to HUD the locations of its NSP3 areas of greatest need. On this site, HUD provides
estimates of foreclosure need and a foreclosure-related needs score at the Census Tract level.
NSP3 grantees are also required to follow their citizen participation process as described in the
Consolidated Plan, but modified by the NSP3 Notice, in order to ensure the public is aware of the
NSP3 substantial amendment. For NSP3 the substantial amendment must be published and posted
on the jurisdiction's website for no less than 15 calendar days for public comment, as opposed to the
usual 30 day public comment period. An appendix with a summary of all of the public comments is
attached to the substantial amendment that is ultimately submitted to HUD for funding review and
approval.
HUD has established five eligible uses for NSP3 funds, as follows:
(A) Establish financing mechanisms for purchase and redevelopment of foreclosed upon
homes and residential properties, including such mechanisms as soft-seconds, loan loss
reserves, and shared-equity loans for low- and moderate-income homebuyers.
(B) Purchase and rehabilitate homes and residential properties that have been abandoned or
foreclosed upon, in order to sell, rent, or re-develop such homes and properties.
(C) Establish and operate land banks for homes and residential properties that have been
foreclosed upon.
(D) Demolish blighted structures
(E) Redevelop demolished or vacant properties as housing.
Needless to say, each community must determine a strategy for the use of the funds within these
eligibility categories. During the research and analysis period for the possible uses of NSP3 funds,
Strategy E was selected as the best option. The NSP3 Mapping Tool was also used to identify
vacant buildings within the areas of greatest need.
City Commission Memorandum
NSP3
January 19, 201 1
Page 3
The London House Apartments, a contributing structure in the National Register Miami Beach
Architectural District, located at 1965-1 975 Washington Avenue, is located in the Museum Historic
District. It was built in 1948 as a two and three-story Miami Modern apartment hotel building. The
building was purchased by Miami Beach Community Development Corporation in 2007 with funds
from the City of Miami Beach Redevelopment Agency. MBCDC has been actively working to
identify funding for the rehabilitation of the building.
As currently configured, the size of the ten (10) existing apartment units does not meet HUD's
minimum requirements for square footage for studios. NSP3 funding is recommended for the
London House Apartments Phase 1 to reduce the number of units to be able to increase the square
footage to suit six units that will serve low-income work force household families meeting the
national and local objective of providing larger housing units to serve low income households. A
significant aspect of the renovation includes the effort to provide one and three bedroom apartments
to serve low income families.
More specifically, rehabilitation of the London House Phase 1 will include the exterior rehabilitation
of the original historic elements, such as the fa~ade, the complete ground level terrace with
ornaments, the second floor open walkway and new exterior windows and doors. The project will
promote both energy efficiency and construction efficiency. Additionally, the project will use insulated
window glazing and gas hydronic heat to further promote conservation. All exterior walls and ceilings
will be insulated to meet or exceed code requirements and interior tenant separation walls will
receive sound insulation. Other areas in which energy conscious design features will be
implemented are: water closets at all toilets will be 1.6 gallon fixtures. The faucets will have built-in
flow restrictors to lower water consumption. Energy efficient light fixtures and corresponding bulbs
will be used as much as possible as well as energy efficient appliances.
The use of NSP3 funds to rehabilitate Phase 1 of the London House Apartments will allow this
vacant property to be redeveloped into housing that has been identified as a priority for our City:
affordable housing units that can accommodate families.
In accordance to the above requirements, on Wednesday, December 29, a copy of the Substantial
Amendment was posted on the Office of Real Estate, Housing and Community Development
website, see Exhibit A. On Thursday, December 30, 2010 a notice of public hearing was published
in The Miami Herald, see Exhibit B.
CONCLUSION
The Administration requests authorization to submit a substantial amendment to HUD describing the
use of NSP3 funds allocating $1,327,579 to the City's subrecipient, Miami Beach Community
Development Corporation, for rehabilitation of Phase I of the London House Apartments located at
1965 Washington Avenue; authorization for the City Manager to sign any and all necessary related
applications and documents; and to further authorize the appropriation of federal funds in the
amount of $1,475,088.
T:\AGENDA\2011\1-19-11\NSP3 Substantial Amendment Memo.docx
RESOLUTIONS TO BE SUBMITTED
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION APPROVING THE CITY'S LEGISLATIVE AGENDA FOR THE 201 1 SESSION OF THE
FLORIDA LEGISLATURE
Key Intended Outcome Supported: I Supports Multiple KlOs I
Supporting Data (Surveys, Environmental Scan, etc.): The quality of the beaches appears as
one of the most important areas affecting quality of life. More recreational opportunities are
-anked as one of the changes that will make Miami Beach a better place to live. Storm
drainage catch basins cleaning citywide; improving infrastructure was listed number 5 in
mportant safety areas for the City to address.
Issue:
Shall the City Commission approve the City's legislative agenda for the 201 1 Session?
Item SummarylRecommendation: I The Administration recommends that the Mayor and City Commission adopt the resolution I
I approving the City's legislative agenda for the 201 1 session of the Florida Legislature. I
In September 2010, the City's lobbyists met with the Mayor and each Commissioner to discuss
the final legislative agenda and the City's priorities for the 201 1 legislative session. Attached,
please find the proposed 201 1 State Legislative Agenda for consideration and approval. Some of
the key priorities include: The Miami Beach Convention Center & Conference Facility Expansion
project; Local Government Revenue Restrictions; Online Hotel Tax Collections; Pension and
Insurance Reform; Transportation Funding; Anchoring of Vessels; Bert J. Harris Act; Affordable
Housing; Condominium Reform; Protection of Ocean Lifeguards; Local Authority; Renewable
Energy; and Education.
It is recommended that the Mayor and Commission approve the 201 1 State Legislative Agenda.
Advisory Board Recommendation: 1 NlA I
Financial Information:
City Clerk's Office Legislative Tracking:
Kevin Crowder, Economic Development I
OBPl
MIAMIBEACH 423
Source of
Funds:
3
Total
iwam ITEM R7D
DATE I-[(?-//
Amount
1
2
Financial Impact Summary: NIA
Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 I
SUBJECT: A RESOLUTION OF THE MAYOR @ D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE CITY'S STATE LEGISLATIVE
AGENDA FOR THE 2011 SESSION OF THE FLORIDA LEGISLATURE;
FURTHER DIRECTING THE ADMINISTRATION TO CONTINUE TO MONITOR
ECONOMIC STIMULUS LEGISLATION AND MAKE THE APPROPRIATE
ADJUSTMENTS TO THE CITY'S 201 1 STATE LEGISLATIVE AGENDA AND TO
THE CITY'S LIST OF ECONOMIC STIMULUS INFRASTRUCTURE PROJECTS.
Administration Recommendation
Adopt the Resolution
Backaround
In September 2010, the City's lobbyists met with the Mayor and each Commissioner to
discuss the final legislative agenda and the City's priorities for the 201 1 State legislative
session. The legislative session is scheduled to begin on March 7,201 1. Attached, please
find the proposed 201 1 State Legislative Agenda for consideration and approval. Some of
the key issues include:
Miami Beach Convention Center & Conference Facility Expansion
Local Government Revenue Restrictions
Online Hotel Tax Collections
Pension and Insurance Reform
Transportation Funding
Anchoring of Vessels
Expansion of Gambling
Protection of Ocean Rescue Lifeguards
Bottle and Can Deposits
Regulation of Plastic Bags and Styrofoam Containers
Preservation of Local Authority
Education Issues
This year will present significant funding challenges during the legislative session, as was
discussed at the meetings with the lobbyists.
The education issues facing the state are significant, especially in light of the state budget
condition. The Administration will continue to meet with the Quality in Education Committee
at the end of January and in February to discuss any additional legislative priorities that they
January 19,201 I Commission Memorandum
State Legislative Agenda
Page 2 of 2
recommend for education-related issues.
Item R9J placed on on the January 19,201 1 City Commission Agenda by Commissioner
Wolfson is a discussion regarding the Dolphins efforts to seek public dollars and direction to
the City's lobbying team to oppose attempts to obtains public funding for the stadium.
Additional items may also be presented to the City Commission during the months of March
and April as the legislative process unfolds.
Conclusion
The Administration recommends that the Mayor and City Commission adopt the resolution
approving the City's legislative agenda for the 201 1 session of the Florida Legislature.
Attachments:
Attachment A: 2009 State Legislative Agenda
T:VI\GENDA~OlI\l-19-1 l\State Legislative Priorities Memo.doc
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
201 1 FLORIDA LEGISLATIVE AGENDA
LEGISLATIVE PRIORITIES
Miami Beach Convention Center & Conference Facility Expansion
Identify opportunities to create funding options (e.g. legislation, grants, budget authorizations,
etc.) to provide for future state support of significant convention center projects.
Beach Renourishment
Fully fund the State's share of beach renourishment funding at $30 million.
People's Transportation Plan - Half Cent Sales Tax Surtax for Transportation
The City supports amendments to Sec. 212.055 to clarify that when a charter county revises
interlocal agreements to include any new municipalities, that the new municipalities are to be
funded their pro rata share from the portion of the surtax allocated for use in the unincorporated
area of the county, or for countywide services, and further clarifying that funding newly
incorporated municipalities from the portion of the surtax dedicated to existing municipalities is
expressly prohibited.
Community Redevelopment
Oppose legislation that reduces or limits Community Redevelopment Agency powers and
authority; oppose legislation that authorizes or allows counties to recapture or attempt to
recapture Tax Increment funds or other redevelopment monies.
Online Hotel Tax Collections
The City supports amendments to Florida law to ensure a level playing field by expressly
providing that online internet travel firms be required to pay sales and tourist-related taxes on the
full price of rooms they reserve for customers.
Pension and Insurance Reform
The City supports the Florida League of Cities pension reform proposals to provide
comprehensive pension reform. Pension mandates directly conflict with the Legislature's desire to
limit government spending.
Local Revenue Restrictions
The City opposes legislation that usurps the home rule powers of municipal residents to self-
determine their form of government and the services provided. Any effort to artificially cap
municipal revenue and implement revenue restrictions should take into account the revenue
spikes that can take place in a tourism economy, and should also consider inequities from Save
Our Homes and local government pension obligations and state mandates.
Stadium Funding
Pursuant to City Commission Resolution No. 2010-27314, the City of Miami Beach opposes the
expenditure of public funds for renovations to Dolphin Stadium.
Anchoring and Mooring of Vessels
The City continues to support efforts to address the issue of boats anchored behind single family
homes with the creation of a minimum setback, and to strengthen local authority to regulate
anchoring and mooring of vessels within its jurisdiction. The City will also continue efforts to
participate in the Mooring Pilot Program by the Florida Fish and Wildlife Commission.
Expansion of Gambling
The City opposes efforts that would lead to the authorization/legalization of casino gambling in
Miami Beach which do not include a local option referendum of the voters prior to authorization
within a jurisdiction.
201 I Florida Legislative Priorities
Page 2 of 3
Bottle and Can Deposit, Plastic Bags, Styrofoam
The City supports creation of a return deposit for bottles and cans, a statewide ban of Styrofoam
on the beaches, and implementation of local authority to regulate the distribution and use of
plastic bags by retail establishments.
Protection of Ocean Rescue Lifeguards
Amend Chapter 784.07, F.S., to include 'Ocean Lifeguards' for purposes of certain enhanced
penalties imposed for assault or battery. Florida Statute 784.07 gives added protection to public
servants who are the victims of assault and battery while in the course of performing their duties.
Speedometer Calibration
The City supports legislation that eliminates the requirement that police unit speedometers be
calibrated two times per year at significant expense, now that speedometers are electronic and
recalibrate each time the vehicle is started, and no adjustments can be made to the unit.
Bert J. Harris Act
The City opposes legislation to weaken or remove the sovereign immunity provision in the Bert
Harris Act, and will work with members on compromise legislation in the best interest of the City.
Equal Rights Amendment
The City supports ratification of the Equal Rights Amendment to the United States Constitution.
Parking Violations
The City supports increasing or removing the $30 statutory cap that local governments may
charge for certain parking violations (expired meter, restricted zone, prohibited zone).
Condominium Reform
The City supports additional amendments to Chapter 718 to further protect condominium owners
and condominium associations from the negative impacts of foreclosures, and to provide for
residential control in mixed-use condominiums.
Local Authority and Unfunded Mandates
Monitor legislative efforts to erode local control and authority, as well as efforts to pass additional
costs from the State down to local governments, and work with the League of Cities to identify
and reduce the number of unfunded mandates imposed on local government by the State.
BUDGET ISSUES
Continue to identify and evaluate any potential sources of funding for water-related projects,
including stormwater, wastewater, and water delivery, including desalinization activities.
The City supports full funding of the State Film Incentive, workforce development, recreation,
cultural arts, historic preservation programs and affordable & workforce housing programs.
The City encourages the state to issue bids for hybrid vehicles when procuring vehicles, thereby
leveraging buying power and creating a mechanism for local governments to also purchase
vehicles from the state contract.
Miami Beach Funding - The City will monitor and report on, and advocate for full funding for
Miami Beach-based organizations during the budget process.
AGENCY ISSUES
Interstate-395 Expansion and 1-95 Hot Lanes
Provide funding to the Florida Department of Transportation for the Interstate-395 expansion
project in order to ensure the efficient movement of people and goods to and from South Beach
and the Port of Miami. The City will also continue to work with FDOT to implement a mid-point
access solution for the 1-95 Hot Lanes.
201 1 Florida Legislative Priorities
Page 3 of 3
Miami Beach Baywalk
Work with the Florida Department of Environmental Protection to secure approval for the
development of the over-water sections of the Miami Beach Baywalk.
South Pointe Fountain
Work with the Florida and Miami-Dade Health Departments to resolve the South Pointe Fountain
issues.
Comprehensive Planning
The City will continue to work with the Department of Community Affairs on completion of the
Comprehensive Plan and EAR-based amendments.
EDUCATION ISSUES
Provide level funding to hold school district operational and capital funding harmless from
declines in property values and state budget shortfalls.
Replace America Recovery and Reinvestment Act State Stabilization Funds embedded in the
Florida Education Finance Program with state revenue.
Eliminate penalties associated with non-compliance with the class size amendment until it is fully
funded by the State.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClN COMMISSION
OF THE ClN OF MIAMI BEACH, FLORIDA, APPROVING
THE CITY'S STATE LEGISLATIVE AGENDA FOR THE 201 1
SESSION OF THE FLORIDA LEGISLATURE.
WHEREAS, State legislation may need to be enacted to protect and enhance the
City's interests; and
WHEREAS, State legislation may be proposed which may negatively impact the
City; and
WHEREAS, the City must avail itself of all potential sources of funds; and
WHEREAS, it is imperative that the City's legislative consultant is aware of, and has
a list of, City priorities; and
WHEREAS, the City's numerous State-level needs have been assessed and
prioritized to produce the most effective use of its legislative team.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClN
COMMISSION OF THE ClN OF MIAMI BEACH, FLORIDA, that the State Legislative
Agenda for the 201 1 Session of the Florida Legislature be approved, as more specifically
set forth in the attached Exhibit A.
PASSED and ADOPTED this day of ,2011.
Mayor
ATTEST:
City Clerk
T:W.GENDAWll\l-19-11\STATE LEGISLATIVE PRIORITIES RESO.DOC
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COMMISSION ITEM SUMMARY
Zondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Authorizing A Loan In An Aggregate Principal Amount Not To Exceed $30,000,000
Outstanding At Any Time From JPMorgan Chase Bank, N.A., To Pay Costs Of Capital
Projects; Authorizing The Execution And Delivery Of A Loan Agreement And Promissory
Notes To Evidence The Obligation Of The City To Repay Such Loan; Providing Security For
The Repayment Of The Loan; Authorizing Other Actions In Connection With The Loan And
The Financing Program; And Providing For An Effective Date.
Key Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Shall the City Commission Adopt the Resolution? I
Item SummarylRecommendation:
The City's current Line of Credit ("LOC) was executed in May 2009 to provide the City liquidity to
continue to award contracts for new water, sewer, and stormwater projects. This LOC was a combined
offer from SunTrust, Bank of America, and Wells FargoNVachovia of $60 million split equally among
the three banks for an 18 month term.
The City asked the original three banks for proposals to renew the line of credit in the amount of $30
million. Wachovia Bank chose not to participate. SunTrust and Bank of America replied with terms
that were not reflective of current improved market conditions. Therefore, the City reached out to TD
Bank and JPMorgan Chase bank for proposals. JPMorgan Chase had the best offer which
represented substantial savings over the SunTrust and Bank of America offer.
The City plans to use the proposed LOC to award scheduled capital projects while spending existing
bond funds. This strategy should expedite the expenditure of existing funds, minimize the need to
draw against the line of credit and facilitate the issuance of future tax-exempt bonds while building the
required debt service coverage.
Proceeds from the LOC will also be used for interim financing of capital projects approved by the
Commission in anticipation of future bond issues. The proceeds from any such long term fixed rate
bonds for capital projects shall be used to pay down the LOC should any draws have been necessary.
The City may prepay the line of credit prior to maturity at any time without penalty.
1 ADOPT THE RESOLUTION. I
Advisory Board Recommendation:
( The Finance & Citywide Projects Committee on December 16, 2010 approved this item and
AGENDA ITEM K 1 t
I referred it to the City Commission for action.
Financial Information:
DATE .&
Approved Source of
Funds:
1
OBPl
Financial Impact Summary:
T:
Account
1
2
Total
Amount
MIAMIBEACH
Ciiy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of
FROM: Jorge M. Gonzalez, City Manage
DATE: January 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING A LOAN IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000
OUTSTANDING AT ANY TIME FROM JPMORGAN CHASE BANK,
N.A., TO PAY COSTS OF CAPITAL PROJECTS; AUTHORIZING THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND
PROMISSORY NOTES TO EVIDENCE THE OBLIGATION OF -THE
ClTY TO REPAY SUCH LOAN; PROVIDING SECURITY FOR THE
REPAYMENT OF THE LOAN; AUTHORIZING OTHER ACTIONS IN
CONNECTION WITH THE LOAN AND THE FINANCING PROGRAM;
AND PROVIDING FOR AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Improve the City's overall financial health and maintain overall bond rating.
ANALYSIS
The City's current Line of Credit ("LOC") was executed in May 2009 to provide the City
liquidity to continue to award contracts for new water, sewer, and stormwater projects.
This LOC was a combined offer from SunTrust, Bank of America, and Wells
FargoNVachovia of $60 million split equally among the three banks for an 18 month
term.
Concurrently with the City's borrowing of the Water & Sewer bonds in fiscal year 2010
through the Gulf Breeze Pooled Loan Program, the LOC was reduced prorata by all
three banks to $12.8 million each for a total of $38.4 million.
The City asked the original three banks for proposals to renew the line of credit in the
amount of $30 million. Wachovia Bank chose not to participate. SunTrust and Bank of
America replied with terms that were not reflective of current improved market
conditions. Therefore, the City reached out to TD Bank and JPMorgan Chase bank for
proposals. JPMorgan Chase had the best offer which represented substantial savings
over the SunTrust and Bank of America offer. The chart below summarizes the
proposals received by all the banks including the original $60 million LOC for
comparative purposes.
432
Commission Memo Re Line of Credit
January 19,201 1
Page 2 of 3
The City plans to use the proposed LOC to award scheduled capital projects while
spending existing bond funds. This strategy should expedite the expenditure of existing
funds, minimize the need to draw against the line of credit and facilitate the issuance of
future tax-exempt bonds while building the required debt service coverage.
Proceeds from the LOC will also be used for interim financing of capital projects
approved by the Commission in anticipation of future bond issues. The proceeds from
any such long term fixed rate bonds for capital projects shall be used to pay down the
LOC should any draws have been necessary. The City may prepay the line of credit
prior to maturity at any time without penalty.
JP Morgan Chase
$30,000,000
18 Months
5 bps ( $15,000)
35 bps ($1 05,000)
74% of LIBOR+I .05%
Libor + 1.05%
Credit Amount
Term
Upfront Fee
Annual Fee for Unused Credit
Annual Interest on Draws:
Tax-Exem pt
Taxable
Tax-exempt draws against the line of credit will have a variable interest rate equal to
74% of the sum of the Libor rate plus 1.05%, and taxable draws will have a variable rate
equal to the sum of the Libor rate plus 1.05%. The current Libor rate is 26% as of
January 12,201 1.
Total cost wlo borrowing
18 months $375,000 $1 80,000 $1 72,500
There will be a bank origination fee equal to 5 basis points (.05%) of the amount of the
line of credit, or $15,000. In addition, there will be an annual fee of 35 basis points
(.35%) on the unused portion of the line of credit ("Unused Facility fee", $1'05,000 if there
are no draws). The City will also need to pay for any closing costs as well as the fees for
legal counsel and the financial advisor.
The Resolution also authorizes the Mayor, the City Manager, the Chief Financial Officer,
and other City employees to take all necessary actions and execute documents as may
be necessary in connection with the loan and the financing program.
TD Bank
$20,000,000
18 Months
0
60 bps ($1 20,000)
69% of Libor + 1.66%
Libor + 1.75%
SunTrusffBOAMlells Fargo
Original
$60,000,000
18 Months
10 bps ($60,000)
80 bps ($480,000)
>2% or Libor +1.55%
23% or Libor + 2.30%
BACKGROUND
SunTrusffBOA
Renewal Option
$30,000,000
18 Months
5 bps ($1 5,000)
80 bps ($240,000)
To be determined
To be determined
Florida law requires all governments to have funds available in the amount of the
contract at the time of awarding the contract. The most effective way to meet the City's
financing needs, without incurring significant additional cost, is to obtain a line of credit.
Commission Memo Re Line of Credit
January 19,2011
Page 3 of 3
This line of credit would be guaranteed by a covenant to budget and appropriate non-ad
valorem revenues.
Under this approach, the City could utilize the line of credit to meet its financial
commitment needs and be in compliance with state law while spending its existing
bonds proceeds.
In accordance with Section 218.385, Florida Statutes, as amended, undertaking this
financing program on a negotiated basis through the line of credit is in the best interest
of the City (rather than a sale through competitive bidding) and will serve a proper public
purpose because it offers (1) borrowing at lower rates than those which the City could
command in the market, and (2) flexibility of financing which could not be obtained in a
sale through competitive bidding.
On December 16, 2010, Finance and Citywide Projects Committee Meeting, the
committee recommended this financing and requested that this item be brought to the
January 19, 201 1 Commission Meeting.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City
of Miami Beach, Florida, adopt the attached resolution, authorizing the
Administration to enter into a loan in an aggregate principal amount not to
exceed $30,000,000 outstanding at any time from JPMorgan Chase Bank, N.A.,
to pay costs of capital projects; authorizing the execution and delivery of a loan
agreement and promissory notes to evidence the obligation of the City to repay
such loan; providing security for the repayment of the loan; authorizing other
actions in connection with the loan and the financing program; and providing for
an effective date.
JMG: PDW: jr
T:\AGENDAL?OI 1\1-19-1 l\regular\Line of Credit Comm Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING A LOAN IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000 OUTSTANDING AT ANY
TIME FROM JPMORGAN CHASE BANK, N.A., TO PAY COSTS OF CAPITAL
PROJECTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT AND PROMISSORY NOTES TO EVIDENCE THE OBLIGATION
OF THE ClTY TO REPAY SUCH LOAN; PROVIDING SECURITY FOR THE
REPAYMENT OF THE LOAN; AUTHORIZING OTHER ACTIONS IN
CONNECTION WITH THE LOAN AND THE FINANCING PROGRAM; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (the "City") is duly authorized, pursuant to
the Constitution of the State of Florida, Chapter 166, Part II, Florida Statutes, as amended,
Chapter 159, Part VII, Florida Statutes, as amended, and the Charter of the City (collectively,
the "Act"), to borrow money to finance capital projects; and
WHEREAS, the City is in need of interim financing to pay costs of capital projects (the
"Financing Program"); and
WHEREAS, in connection with the Financing Program, JPMorgan Chase Bank, N.A.
(the "Bank), has offered to the City a revolving line of credit in a principal amount not to exceed
$30,000,000 outstanding at any time (the "Loan"); and
WHEREAS, the City has determined that it is in the best interests of the City to
undertake the Financing Program through the Loan; and
WHEREAS, to evidence its obligation to repay the Loan, the City will execute and deliver
to the Bank a Loan Agreement (the "Loan Agreement") and a Tax-Exempt Note and a Taxable
Note (such notes collectively, the "Notes"); and
WHEREAS, to repay the Loan, the City wishes to covenant to budget and appropriate
Non-Ad Valorem Revenues (as defined in the Loan Agreement), in accordance with and subject
to the limitations contained in the Loan Agreement and the Notes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA:
SECTION 1. DEFINITIONS.
Terms defined in the preambles shall have the meanings set forth in such preambles.
All capitalized terms used in this resolution (the "Resolution") which are defined in the Loan
Agreement shall have the meanings assigned in the Loan Agreement, unless the context
affirmatively requires otherwise.
SECTION 2. FINDINGS.
The preambles are incorporated as findings. In addition, it is found, determined and
declared that:
(A) The Financing Program and the Loan are permitted under the Act, are
necessary and desirable, are in the public interest and will serve a proper public purpose.
(B) In accordance with Section 218.385, Florida Statutes, as amended,
undertaking the Financing Program on a negotiated basis through the Loan is in the best
interest of the City (rather than a sale through competitive bidding) because it offers (i)
borrowing at lower rates than those which the City could command in the market, and (ii)
flexibility of financing which could not be obtained in a sale through competitive bidding.
SECTION 3. LOAN AUTHORIZED.
The Loan in an aggregate principal amount not to exceed $30,000,000 outstanding at
any time to undertake the Financing Program, as described in this Resolution and in the manner
provided in the Loan Agreement, is authorized and approved.
SECTlON4. AUTHORIZATION OF EXECUTION AND DELIVERY OF LOAN
AGREEMENT.
The Loan Agreement, in substantially the form attached as Exhibit "A to this Resolution,
with such changes, alterations and corrections as may be approved by the Mayor of the City
(the "Mayor"), after consultation with the Chief Financial Officer of the City (the "Chief Financial
Officer") and the City Attorney of the City (the "City Attorney"), such approval to be presumed by
the execution by the Mayor of the Loan Agreement, is approved by the City. The City
authorizes and directs the Mayor to execute and the City Clerk or Deputy City Clerk of the City
(the "City Clerk) to attest under the seal of the City the Loan Agreement and to deliver the
same to the Bank.
SECTION 5. ISSUANCE OF NOTES.
The Loan shall be evidenced by the Notes. The Notes, in substantially the forms
attached to the Loan Agreement, with such changes, alterations and corrections as may be
approved by the Mayor, after consultation with the Chief Financial Officer and the City Attorney,
such approval to be presumed by the execution by the Mayor of the Notes, are approved by the
City. The City authorizes and directs the Mayor to make and execute the Notes and to issue
and deliver the Notes to the Bank.
SECTION 6. SECURITY FOR THE LOAN.
The Loan shall be payable solely from Non-Ad Valorem Revenues, in accordance with
and subject to the limitations contained in the Loan Agreement and the Notes. Neither the Loan
nor the Notes shall be a general obligation of the City, or a pledge of its faith, credit or taxing
power within the meaning of any constitutional or statutory provisions or limitations, but shall be
payable solely as provided in the Loan Agreement and Notes. The City shall not be obligated to
exercise its taxing power to pay the principal of the Loan and the Notes, the related interest or
other payments or costs.
SECTION 7. GENERAL AUTHORITY.
The City's officials, officers, attorneys, agents and employees are authorized to do all
acts and things and execute and deliver any and all documents necessary by this Resolution,
the Loan Agreement or the Notes, or desirable or consistent with the requirements of this
Resolution, the Loan Agreement or the Notes, in order to obtain the Loan, accomplish the
Financing Program and provide for the full, punctual and complete performance of all the terms,
covenants and agreements contained in the Loan Agreement, the Notes and this Resolution,
including the execution of any necessary Tax Compliance Certificate and the execution and
filing of any necessary form or other document with the Internal Revenue Service with respect to
any Advance under the Tax-Exempt Note.
SECTION 8. SEVERABILITY OF INVALID PROVISIONS.
If any one or more of the provisions contained in this Resolution shall be held contrary to
any express provisions of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable from
the remaining covenants, agreements or provisions and shall in no way affect the validity of any
of the other provisions of this Resolution or of the Loan Agreement or the Notes.
SECTION 9. REPEALING CLAUSE.
All resolutions or parts of such resolutions of the City in conflict with the provisions
contained in this Resolution are, to the extent of such conflict, superseded and repealed.
SECTION 10. EFFECTIVE DATE.
This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,201 1.
Attest:
Mayor
City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOFEXECUTION
EXHIBIT "A"
LOAN AGREEMENT
(including Notes)
COMMISSION ITEM SUMMARY
Condensed Title: -
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, approving a Contract
award, pursuant to Invitation to Bid No. 18-09/10, Right-of-way Improvements - Neighborhood No. 8 Central
Bayshore (Package A) and Lake Pancoast (Package C), authorizing the Mayor and City Clerk to execute an
Agreement with Lanzo Construction Co., Florida, in the amount of $16,740,740.50, for the construction of the
project, plus approve a project contingency in the amount of $1,674,074.05 for a grand total of $18,414,814.55;
$8,969,714.59 from funds previously appropriated in the capital budget; and further appropriating
$9,445,099.96 from fund 429 Stormwater Projects Line Of Credit, with such funds to be repaid from proposed
future Stormwater bonds; further authorizing the administration to engage in value engineering to further reduce
the cost and time for completion of said project.
Key Intended Outcome Supported:
Ensure value and timely delivery of quality capital projects; maintain City's infrastructure; maintain Miami Beach
Public areas & rights-of-way citywide; and improve storm drainage citywide.
Supporting Data (Surveys, Environmental Scan, etc.): I The 2007 Community Satisfaction Survey noted that 89% of residents rated capital projects as "excellent" or I
shall the City Commission adopt the resolution?
Item SummarylRecommendation:
The work comprises of the construction of the infrastructure site work for Neighborhood No. 8- Central
Bayshore (Package "A) including, but not limited to, demolition, site preparation, earthwork, storm drainage,
road paving and restoration, concrete sidewalks and valley gutters, water distribution, landscape, irrigation and
up lighting. Also, the work comprises of the construction of the infrastructure site work for Neighborhood No. 8 -
Lake Pancoast (Package "C"), including, but not limited to, demolition, site preparation, earthwork, street
resurfacing, sidewalk repair, planting strip restoration and enhanced landscaping, curb and gutter upgrades,
entryway features and enhanced street signage, street light upgrades, streetscape for traffic calming, Flamingo
Road water main rehabilitation, and streetscape for improved on-street parking.
ITB No. 18-0911 0 was issued on December 31, 2009, with a pre-bid conference held on January 15, 201 0. The
ITB was postponed through Addendum 5 on April 6, 2010, due to DERM's stricter implementation to its anti-
degradation policy in Biscayne Bay. Addendum 6 was issued on October 18, 201 0, scheduling a second pre-bid
meeting on October 25, 2010. During both pre-bid meetings, prospective bidders were instructed on the
procurement process and the information their respective proposals should contain. Bidsync issued 4,421 bid
notices which resulted in the receipt of bids from three (3) firms on November 10, 2010.
On November 19, 2010, the TRP convened to evaluate the responsive bidders. Upon completion of the
interviews, the TRP discussed their individual assessments to score and rank the firms based on each
prospective bidder's qualifications, experience, and competence. The TRP unanimously recommended Lanzo
Construction Co., Florida, for the construction contract award.
Since 1980, Lanzo Construction Co., Florida has been providing a full range of construction services in South
Florida. In the past five years, Lanzo Construction has completed various drainage improvement projects, which
included deep excavation and dewatering, for Miami-Dade County, City of Marathon, Village of Key Biscayne,
and the City of Key West ranging in cost from approximately $2 million to $1 8.8 million.
Advisory Board Recommendation:
BEACH ,,,
Financial Information:
Account
Pay- As-You-Go - 302-2205 (BP8A)
2003 G.O. Bond Neighborhoods - 384-2205 (BP8A)
W&S GBL Series 201 0 - 420-2205 (BP-8A)
Stormwater Projects Line of Credit - 429-2205 (BP-8A)
Pay- As-You-Go - 302-2325 (BP-8C)
2003 G.O. Bond ~eighborhoods - 384-2325 (BP-8C)
2001 Series Water & Sewer - 424-2325 (BP-8C)
Stormwater Projects Line of Credit - 429-2325 (BP8C)
Source of
Funds:
OBPl
Total $1 8,414,814.55
City Clerk's Office Legislative Tracking:
) Carla Dixon, ext. 7071
1
2
3
4
5
6
7
8
Amount
$435,831.93
$2,700,750.00
$4,228,602.26
$8,018,865.81
$60,567.29
$605,672.90
$938,290.21
$1,426,234.15
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manag
DATE: January 19,201 1
SUBJECT: A RESOLUTION OF THE M AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT TO
INVITATION TO BID NO. 18-0911 0, RIGHT-OF-WAY IMPROVEMENTS -
NEIGHBORHOOD NO. 8 CENTRAL BAYSHORE (PACKAGE A) AND LAKE
PANCOAST (PACKAGE C), AUTHORIZING THE MAYOR AND ClTY CLERK TO
EXECUTE AN AGREEMENT WlTH LANZO CONSTRUCTION CO., FLORIDA, IN
THE AMOUNT OF $16,740,740.50, FOR THE CONSTRUCTION OF THE PROJECT,
PLUS APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,674,074.05
FOR A GRAND TOTAL OF $18,414,814.55; INCLUDING $8,969,714.59 FROM
FUNDS PREVIOUSLY APPROPRIATED IN THE CAPITAL BUDGET; AND
FURTHER APPROPRIATING $9,445,099.96 FROM FUND 429 STORMWATER
PROJECTS LINE OF CREDIT, WlTH SUCH FUNDS TO BE REPAID FROM
PROPOSED FUTURE STORM WATER BONDS; AND FURTHER AUTHORIZING
THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER
REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT.
ADMINISTRATION RECOMMENDATION
Approve the award of contract.
KEY INTENDED OUTCOMES SUPPORTED
Ensure Value and Timely Delivery of Quality Capital Projects; Maintain City's Infrastructure;
Maintain Miami Beach Public Areas & Rights of Way Citywide; and Improve Storm Drainage
Citywide.
FUNDING
Funding in the amount of $8,969,714.59 has been previously appropriated in the Capital Budget
and funding in the amount of $9,445,099.96, to be appropriated, for a grand total of
$1 8,414,814.55, as follows:
Bavshore Central Neiahborhood (BP- 8A)
Construction:
$ 150,688.12 Pay- As-You-Go account # 302-2205-069357
$2,700,750.00 2003 G.O. Bond Neighborhoods account # 384-2205-069357
$3,844,183.87 W&S GBL Series 201 0 account # 420-2205-069357
$7,289,878.01 Stormwater Projects Line of Credit account # 429-2205-069357*
$1 3,985,500.00
Commission Memorandum - 17-8- 18-09/10 - ROW Improvements Cent. Bayshore/Lake Pancoast
January 19, 201 I
Page 2 of 7
Contingency:
$ 285,143.81 Pay- As-You-Go account # 302-2205-000356
$ 384,418.39 W&S GBL Series 201 0 account # 420-2205-000356
$ 728,987.80 Stormwater Project line of Credit account # 429-2326-000356*
$ 1,398,550.00
$1 5,384,050.00 Total (BP- 8A)
Bavshore Lake Pancoast Neighborhood (BP- 8C)
Construction:
$ 605,672.90 2003 G.O. Bond Neighborhoods account # 384-2325-069357
$ 852,991.10 2001 Series Water & Sewer # 424-2325-069357
$1,296,576.50 Stormwater Projects Line of Credit account # 429-2325-069357*
$2,755,240.50
Contingency:
$ 60,567.29 Pay- As-You-Go account # 302-2325-000356
$ 85,299.1 1 2001 Series Water & Sewer # 424-2325-069358
$ 129,657.65 Stormwater Project line of Credit account # 429-2325-000356*
$ 275,524.05
$3,030,764.55 Total (BP- 8C)
Grand Total: $1 8,414,814.55
*To be repaid from future Stormwater bonds
ANALYSIS
On April 9, 2003, the City Commission approved the Basis of Design Report (BODR),
completed and submitted by CH2MHill for the Neighborhood No. 8 Bayshore 1 Sunset Islands
Project. This BODR was the culmination of a comprehensive planning effort that included input
from and reviews by residents, various City Departments, and the Design Review Board (DRB).
PROJECT LIMITS
The Central Bayshore Neighborhood 8A is located within the Mid Beach area (Exhibit A). The
project limits includes, but is not limited to the public rights-of-way (ROW) within all areas
generally bounded to the north by West 40th Street; west along Chase Avenue; east along
Flamingo Drive; and south along West 28th Street.
The Lake Pancoast Neighborhood 8B is also located within the Mid Beach area (Exhibit A). The
project limits includes, but is not limited to the public rights-of-way (ROW) within all areas
generally bounded to the north by West 26th Street and includes approximately 500 feet of
Flamingo Drive to the north of West 26th Street; to the west by Pine Tree Drive; to the south by
west 24Ih Street; and to the east by Lake Pancoast Drive.
SCOPE OF SERVICES
Central Bayshore (Package A) - The work comprises the construction of the infrastructure site
work for Neighborhood No. 8 - Central Bayshore (Package 8A) including, but not limited to,
demolition, site preparation, earthwork, storm drainage, road paving and restoration, concrete
sidewalks and valley gutters, water distribution, landscape up lighting, vegetation and planting,
and irrigation.
Commission Memorandum - ITB-18-09/10 - ROW Improvements Cent. Bayshore/Lake Pancoast
January 19, 201 1
Page 3 of 7
Lake Pancoast (Package C) - The work comprises the construction of the infrastructure site
work for Neighborhood No. 8 - Lake Pancoast (Package 8C), including, but not limited to,
demolition, site preparation, earthwork, street resurfacing, sidewalk repair, planting strip
restoration and enhanced landscaping, curb and gutter upgrades, entryway features and
enhanced street signage, street light upgrades, streetscape for traffic calming, Flamingo Drive
water main replacement, and streetscape for improved on-street parking.
BID PROCESS
ITB No. 18-09/10 was issued on December 31, 2009, with a pre-bid conference held on January
15, 2010. Addendum 5 notified bidders that the ITB was postponed on April 6, 2010, due to
DERM's stricter implementation to its anti-degradation policy in Biscayne Bay. Addendum 6
was issued on October 18, 2010, scheduling a second pre-bid meeting on October 25, 2010,
and bid opening on November 10, 2010. During both pre-bid meetings, prospective bidders
were instructed on the procurement process and the information their respective proposals
should contain. Bidsync issued bid notices to 4,421 prospective bidders which resulted in the
receipt of bids from the following three (3) firms:
GlobeTec Construction, LLC
Lanzo Construction Co., Florida
Southeastern Engineering Contractors, Inc.
The following table provides the total base bid prices plus permit fees and allowances of the
three (3) responsive bids:
The project pricing includes allowances in the total amount of $450,025, for permit fees that may
be incurred by the Contractor from the various agencies having jurisdiction over the project,
repair or replacement of existing stormwater outfall pipes, and for the indemnification of the City.
Contractor
Lanzo Construction Co., Florida
GlobeTec Construction, LLC
Southeastern Engineering Contractors, Inc.
The project also includes the following general conditions:
-
Base Bid Piice
$1 6,740,740.50
$1 7,488,431.40
$1 7,739,079.40
Bonds and Insurance, mobilization and demobilization from the site, survey layout and
As-builts, and maintenance of traffic throughout the project duration.
A requirement of the Contract, for the Contractor to procure the services of a public
relations firm for the duration of the project to provide labor, supplies, and essential
communications as may be required for the fulfillment of the intent of the public
information/liaison phase of the Work. The goal of these services shall be to allow the
Contractor to keep stakeholders (City representatives, property owners, and residents)
affected by the work scheduled to be performed, informed prior to, during, and after the
Contractor's implementation of the infrastructure work. The Contractor will develop and
implement an effective and successful public information/liaison program to ensure that,
working in concert with City representatives, all required authorizations/releases are
received from affected property owners and to follow-up with stakeholders on any
required warranty work and/or complaint resolution that may result from the Work, until
resolved by the Contractor.
Commission Memorandum - ITB- 18-09/10 - ROW Improvements Cent. Bayshore/Lake Pancoast
Januaw 19, 201 1
Page 4 of 7
An engineer's field office shall be maintained during the entire construction period at a
site secured by the contractor and located within 1,000 feet of the work boundaries. The
field office shall be equipped with telephone, internet services, office furniture, and
conference facilities for use by the City's ConsultantIResident Project Representative
(RPR) assigned to the Project.
The current contracted scope of services with the Engineer of Record (EOR) only includes
limited construction administration services. Please note that future Commission action will be
required for construction administration and RPR services for each of these projects. The
Administration intends to finalize negotiations with the engineering firm and bring these items to
the City Commission at a future date.
The Technical Review Panel (TRP) consisted of the following individuals:
Susana Alonso, Senior Planner, Planning Department
Charles Fossler, Senior Capital Projects Coordinator, CIP Office
Rhonda Gracie, Landscape Project Coordinator, Parks Department
Emanuel Mayer, Special Assistant to the City Manager, City Manager's Office
Roberto Rodriguez, Capital Project Coordinator, CIP Office
On November 19, 2010, the TRP convened to evaluate the responsive bidders based on the
following criteria:
50 Points - Base Bid Price
20 Points - Interview of Key Personnel
20 Points - Qualifications of Bidder
e 10 Points - Past Performance
10 Points - Risk Assessment PlanNalue Added Submittals
Upon completion of the interviews, the TRP discussed their individual assessments to score and
rank the firms based on each prospective bidder's qualifications, experience, and competence.
The TRP unanimously recommended Lanzo Construction Co., Florida, for the construction
contract award as noted below:
CITY MANAGER'S REVIEW
The Procurement Division forwarded the TRP's recommendation to the City Manager on
November 19,2010.
On November 24, 2010, the Procurement Division received an unsolicited Job Order Contract
(JOC) price proposal volunteered by Trans Florida Development Corp. for $15,764,428.30
through The Gordian Group, which was immediately forwarded to the CIP Director and Special
Assistant to the City Manager for further review.
Commission Memorandum - ITB-18-09/10 - ROW Improvements Cent. Bayshore/Lake Pancoast
January 19, 201 1
Page 5 of 7
Since Trans Florida Development Corp. had been a participating vendor throughout the ITB
process by purchasing the plans and specifications, participating in the pre-bid conferences,
and submitting requests for information, the City Manager requested that the Procurement
Division collect two additional price proposals from other JOC Streetscape Contractors. On
November 29, 2010, the Procurement Division requested price proposals from Ric-Man
Construction, Inc. and Williams Paving, Inc. with a deadline of December 21, 2010. The result
of which is tabulated below:
The Gordian Group reviewed Trans Florida's cost proposal and verified that their proposal
accurately depicts the unit price breakdown of items and quantities. Additionally, the CIP Office
confirmed that Ric-Man's cost proposal accurately depicts the unit price breakdown of items and
quantities.
After considering the review and recommendations from CIP staff, the City Manager exercised
his due diligence and carefully considered the specifics of this ITB process and JOC cost
proposals.
In considering the options available and in developing an appropriate course of action, the City
Manager took the following factors into consideration:
Volume of work already awarded to the potential contractors;
The integrity of the City's procurement process, particularly as it relates to receiving bids
and/or proposals at the same date and time as instructed to all potential bidders;
The true price differential between the JOC proposals received, the JOC consultant fee,
and the lowest and best bidder;
Potential challenges to the ITB causing increased costs andlor potential delays.
To date, Trans Florida has been awarded capital projects for Star Island ROW Improvements
($696,888); Bayshore Package B ($4,055,223); and South Pointe Phases Ill, IV, and V
($9,950,716) totaling $14,702,827. These projects have all been awarded in the past six
months. While the City expects for Trans Florida to perform satisfactorily on each project, its
experience with the contractor is limited.
The difference between the proposals from Lanzo Construction Co. Florida and Trans Florida
Development Corp. is $739,845.78 (4.4% of Lanzo's base bid price). The difference between
the proposals from Lanzo Construction Co. Florida and Ric-Man Construction, Inc. is
$212,418.78 (1.3% of Lanzo's base bid price). The differences are within five percent (5%) of
the lowest and best bidder, and in one case exceeded the lowest and best bidder by 7.9%. This
places the lowest and best bidder within the range of those proposals received after the bid
closing date and as a result may not outweigh the downside of rejecting all bids which may
result in a bid protest(s) and potential delays to the project's commencement.
Further, JOC was designed for relatively small to medium-sized projects and not for large
neighborhood improvement projects. To date, the following illustrates the five largest JOC
Commission Memorandum - ITB- 18-09/10 - ROW lmprovements Cent. Bayshore/Lake Pancoast
January 19, 20 1 I
Page 6 of 7
projects the City has managed. Overall, the average JOC project cost since August 2009 is
$120,923.
Normandy Shores ROW lmprovements - $9,391,583
Flamingo Park Stormwater lmprovements - $4,112,287
Dade Boulevard Bike Path Project - $3,853,734
Citywide Sanitary Sewer lmprovements - $2,932,811
Oceanfront West ROW lmprovements - $2,042,031
Lanzo Construction's bid amount of $16,740,740.50 is $1,959,259.50 below the budgeted
estimate of $18.7 million. In the past five years, Lanzo Construction has completed various
drainage improvement projects, which included deep excavation and dewatering, for Miami-
Dade County, City of Marathon, Village of Key Biscayne, and the City of Key West ranging in
cost from approximately $2 million to $18.8 million. Lanzo has also completed similar water,
sewer, and stormwater improvements for the City of Miramar, City of Oakland Park, and the
Broward County Water and Sewer Department. See Attachment A.
Lanzo Construction has not been a prime contractor on a City of Miami Beach project, but has
extensive experience in Miami-Dade County jurisdictions. The City's efforts have historically
been to assign work to a variety of capable contractors to ensure equitable distribution of work
in as fair a manner as possible.
In order:
to not overload a contractor with an excessive number of City projects;
to preserve the integrity of the City's procurement process and ensure a fair and
equitable selection;
given that the price differentials are all less than five percent (5%) of the duly received
bids from Lanzo Construction; and
to avoid further delays for this neighborhood andlor any potential legal costs that the City
Commission may award the contract to Lanzo Construction.
Alternatively, the City Commission may wish to:
Option 1 - Reject all bids and cost proposals received and reissue the ITB. This will
delay the project award by 90 to 120 days.
Option 2 - Reject all bids received and award a contract to Ric-Man Construction, Inc. at
$16,284,060.81, plus $244,260.91 JOC Consultant fee, for a grand total of
$16,528,321.72
Option 3 - Reject all bids received and award a contract to Trans Florida Development
Corp. at $15,764,428.30, plus $236,466.42 JOC Consultant fee, for a grand total of
$16,000,894.72. This would result in Trans Florida receiving four (4) different
neighborhood projects within the past six (6) months with an aggregate value of more
than $30 million.
Commission Memorandum - ITB-18-09/10 - ROW Improvements Cent. Bayshore/Lake Pancoasf
January 19, 2011
Page 7 of 7
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution, which awards a contract to Lanzo Construction Co., Florida as the lowest and best
responsive bidder, pursuant to Invitation to Bid 18-09/10, for the right-of-way infrastructure
improvement program - Neighborhood No. 8 - Central Bayshore (Package A) and Lake
Pancoast (Package C), in the amount of $16,740,740.50; plus approve a project contingency in
the amount of $1,674,074.05 for a grand total of $18,414,814.55; including $8,969,714.59 from
funds previously appropriated in the capital budget; and $9,445,099.96 to be appropriated from
Fund 429 Stormwater Projects Line of Credit, with such funds to be repaid from proposed future
storm water bonds; and further authorize the Administration to engage in value engineering to
further reduce the cost and time for completion of said project.
ATTACHMENTS
List of Representative Projects
EXHIBIT
Project Limits
T:\AGENDA\2011\1-19-1 I\ITB 18-09-1 0 - ROW Bayshore A&C - MEMO.docx
Milling and resurfacing, signalization, utility work, lighting and landscaping on SR-5 (US-I-Dlxie Highway) from Palm Beach Lakes Boulevard to 25th Street Includes demolition of existing Infrastructure. Page 1 of 6
Page 2 of 6 ' 1211012003 -- Pompano Beach FL Project Manager: Pablo Riaiio Superintendent: Jorge Garrigo 80% by Lanzo . . 'Miami Oads,Water & Sewer Dept DERMOI-W~D-NLE EAST histallation 61 54'' Sewer ForceJdlain l\ti'oss Sioutheakt.dPa Locka iirport Origind Contract Amt:. $4.301,4~0.00 --.-- -- --- ---- .. . . .--.-..- ,-. -.-- .- .- - .- . ..... 3071 SW 38 Avenue Start Date: -- 912412004 - .---- Designlbuild permitting, installation and startup services and activities to construct and put into service approximately Notice to Proceed: 412412005 - Miami FL 33146 8,300 LF of 54-inch sewer force main along the South side oFOpa Locka Airport just west of NW 42nd Avenue east Final contract amt - $5,072,126.17 Contact: Alex Retamar, PM to NW 37 Avenue then north to PS 1310 Completion Date: -- 4/30/2005 Phone: 786-551-81 50 Number of Days: 440 1 Project Manager: Matthew P. Tilli I Soperintendent: Paul Wieczorek North Andrews ~ardens ~eighdorh'bad'linpiovements ~roject Bid ~ack&~e ~0.6' ' . ' ' Installation of a new drainage system consisting of 29,170 LF of RCP drainage pipe from 15 to 24 inch diameter, and 208 drainage structures & the installation of a new water dislribution system consisting of 20,6770 LF of DIP ranging from 6 to 12 inch diameter & seivice laterals. install new sanitary sewer system 8 to 15 inch PVD wl service laterals templperrn paving Project Manager: Pablo Riafio 1' Superintendent: Ronnie Meua C,ontract \?r-849. Water Main irillami River . . . ' ~ . . Relo 2 existing WM under the Miami River Canal. Construct 36% 30 diameter Dl sub aqueous WM under river canal complete wlremoval& disposal of existing 30" & 20 diameter cast iron WM under river & installing 36"&3OU dia. Resilient wedge valves. Remove exist conc. sea wall construct install precast concrete protective slabs for canal bottom, marine traffic control wlinstallation of approp appurtenances. Project Manager: Matthew P. Tilli I Superintendent: Joe D'Alessandro - - p- -- Broward County OES . ----. 2555WCopansRoad Pompano Beach FL Contact: Patrick Sweet Phone: 954-831 -0973 ~~it)ad_~W~r &>*ze~t 3071.SW 38 Avenue - ----- Miami FL 33146- -. Contact: Norman Duncan Phone: 786-551-8150 Broward County WS - -.--- --- 2555W Copans Road --- --- Empano Beach FL Contact: Patrick Sweet Phone: 954-831-0973 80% by Lanzo Origlnai Contract Aint: Start Date: Notice to Proceed: Final contract amt Completion Date: Number of Days: ' $9,074,190.17 ------ 711 212004 - 711 212004 $9,071,312.13 912512006 670 ' $10,439,066.90 -- -...- -- -. --- 2/28/2004 -- 113/2004 $1 0,885,237.90 912312007 730 West. Ken Lhrk Bid Pack 2 Nei . Origlnal Contract Amt: Sanitary Sewer collection system, potable water distribution system, stormwater drainage, canal dredging & reshaping, reinforced concrete control structure wloperable weirs, roadway, sidewalk, signage & landscaping improvements and related work. Includes demolition of exist infrastructure 60% by Lanzo - ---.. - -.- -- Start Date: Notice to Proceed: Final contract amt Completion Date: Number of Days: Project Manager: Pablo Riaiio I Superintendent: Ronnie Meua - brigiriirl - ---. .. Contract . -- Anit: .- -. . . Start Date: tor Final contract amt Completion Date: Number of Days: 75% 60% by Lanzo . - . . - $2,766,246.78 - . - . . -- . . . . - - . - - - 81212004 -- 711 712004 $2,759,174.91 111 312005 180 by Lanzo
Installation of approximately 25,000 LF of Sanitary Sewer and 3,000 LF of Water Main, Gravity Sewers and Force Mains Installation of water main on Dixie Highway from 24th Street to Bethesda Terrace Phone: 561-494-1098 Emergency Repair Page 3 of 6
Broward County WWS 3650 NW 12 Avenue Page 4 of 6
Check Assembly (45) and Remove and Salvav 2,600 LF; 8 " - 7,000 LF and 6" - 17,000 LF Al that would normally flow through the affectived area. Page 5 of 6
Page 6 of 41
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND ClTY CLERK TO EXECUTE A CONTRACT, PURSUANT TO
INVITATION TO BID NO. 18-09/10, RIGHT-OF-WAY IMPROVEMENTS -
NEIGHBORHOOD NO. 8 CENTRAL BAYSHORE (PACKAGE A) AND LAKE
PANCOAST (PACKAGE C), WITH LANZO CONSTRUCTION CO., FLORIDA,
IN THE AMOUNT OF $16,740,740.50, FOR THE CONSTRUCTION OF THE
RIGHT-OF-WAY IMPROVEMENT PROJECT ("PROJECT"), PLUS
APPROVING A PROJECT CONTINGENCY, IN THE AMOUNT OF
$1,674,074.05, FOR A GRAND TOTAL OF $18,414,814.55; INCLUDING
$8,969,714.59 FROM FUNDS PREVIOUSLY APPROPRIATED IN THE
CAPITAL BUDGET; AND FURTHER APPROPRIATING $9,445,099.96 FROM
FUND 429 STORMWATER PROJECTS LINE OF CREDIT, WITH SUCH
FUNDS TO BE REPAID FROM PROPOSED FUTURE STORM WATER
BONDS; AND FURTHER AUTHORIZING THE ADMINISTRATION TO
ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST
AND TIME FOR COMPLETION OF SAID PROJECT.
WHEREAS, Invitation to Bid (ITB) No. 18-09/10 for a right-of-way improvement project
for the Central Bayshore and Lake Pancoast areas was issued on December 31, 2009, with an
opening date of November 10, 201 0; and
WHEREAS, Bidsync issued bid notices to 2,068 prospective bidders, which resulted in
the receipt of the following three (3) bids:
GlobeTec Construction, LLC
Lanzo Construction Co., Florida
Southeastern Engineering Contractors, Inc.; and
WHEREAS, the City Manager appointed a Technical Review Panel (TRP), which
consisted of the following individuals:
Susana Alonso, Senior Planner, Planning Department
Charles Fossler, Senior Capital Projects Coordinator, CIP Office
Rhonda Gracie, Landscape Project Coordinator, Parks Department
e Emanuel Mayer, Special Assistant to the City Manager, City Manager's Office
Roberto Rodriguez, Capital Project Coordinator, CIP Office; and
WHEREAS, on November 19, 2010, the TRP convened to shortlist bidders based on the
following criteria:
50 Points - Base Bid Price
20 Points - Qualifications of Bidder
I0 Points - Past Performance
10 Points - Risk Assessment PlanNalue Added Submittals
20 Points - Interview of Key Personnel; and
WHEREAS, upon completion of the interviews, the TRP discussed the individual
perceptions of each prospective bidder's qualifications, experience, and competence and
unanimously recommended Lanzo Construction Co., Florida for the contract award; and
WHEREAS, after considering the review and recommendation of City staff, the City
Manager exercised his due diligence and concurs with the recommendation of the TRP.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve the award of the Project and authorize the Mayor and City Clerk to execute a contract,
pursuant to Invitation to Bid No. 18-09/10, Right-of-way Improvements - Neighborhood No. 8
Central Bayshore (Package A) and Lake Pancoast (Package C), with Lanzo Construction Co.,
Florida, in the amount of $16,740,740.50, for the construction of the Project; approve a project
contingency, in the amount of $1,674,074.05, for a grand total of $18,414,814.55; including
$8,969,714.59 from funds previously appropriated in the capital budget; appropriate
$9,445,099.96 from fund 429 stormwater projects line of credit, with such funds to be repaid
from proposed future storm water bonds; and further authorize the Administration to engage in
value engineering to further reduce the cost and time for completion of said Project.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO
FORM & LANGUAGE APPROVED AS TO
& FOR EXECUTION FORM & LANGUAGE
City Attorney Date
T:WGENDA\2011\1-19-1 I\ITB 18-09-10 - ROW Bayshore A&C - RESO.docx
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO : Mayor Matti Herrera Bower and City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19,201 1
SUBJECT BOARD AND COMMITTEE APPOINTMENTS -AT LARGE APPOINTMENTS
ADMINISTRATION RECOMMENDATION
At-large vacancies will be submitted via the Supplemental Agenda after appointments are made
at the January 13, 201 1 Special City Commission meeting.
F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FORI-19-1 I .doc
459
Agenda Item A
Date l-lq-l/
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R9 - New Business and Commission Requests
R9BI Dr. Stanley Sutnick Citizen's Forum. (1 2:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
AGENDA ITEM: R9B1-2
DATE: 1-14-11
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OFFICE OF THE MAYOR AND COMMISSION
TO: Jorge M. Gonzalez, City Manager
FROM: Jorge R. Exposito, Commissioner
DATE: December 22,2010
SUBJECT: Request for Meeting of the Whole
MEMORANDUM
Please schedule a Meeting of the Whole during the January 19,2011, City Commission meeting
to discuss security issues.
We trust that you will find all in good order. Should you have any questions, please feel free to
contact my aide, Barbie Paredes at 6457.
Best regards,
cc: Jose Smith, City Attorney
Robert Parcher, City Clerk
We ore comrnrtted to prov~d~ng excellent publ~c servrce ond safety to 011 who Irve, work, and ploy In oz
Agenda Item R4C
Date 1-1 9/11
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: December 27th, 201 0
SUBJECT: Agenda Discussion ltem
Please place on the January 1gthrl 201 1 Commission Meeting Agenda a discussion item on
the status and progress of the Stormwater Master Plan being conducted by CDM with a
request for CDM to attend the Commission Meeting.
If you have any questions, please contact Leonor Hernandez at extension 6437.
J Wll h
Agenda ltem R q D
We ore cornmittcd fo providing excellenl public servrce and sokty to 011 who irve work, and play in our\ Date l-Vj'-/!
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MIAMIBEACH -
2311 DEC 2$,,93j;\a
OFFICE OF THE MAYOR AND COMAAlSSlON
, Y *,
d-EANDUM
i i#8sb , ,La.2 ,,* ,,--
TO:
3 "
-------I-.__._ _
Jorge Gonzalez, City Manager
FROM: Jerry Libbin, Commissioner
DATE : December 27, 20 1 0 /
SUBJECT: Agenda item for the January 19, 201 1 Commission meeting; a discussion
regarding a parking solution.
Please place on the January 19, 201 1 Commission meeting agenda a discussion regarding a
parking solution (attached).
Please contact my office at ext. 71 06 if you have any questions.
\ (, It<( I d3 I Agenda Item a q E Date 1-14-11
PARKING SOLUTION
One of the most frequent complaints that I receive about Miami Beach is that it is very
difficult to find parking. I hear this from residents, from tourists, and it is a complaint
that business owners register, as the inability of their customers, and potential customers
to find convenient parking hurts their business.
The city has constructed new garages over the past few years at 5" and Alton, 17" Street,
and Meridian Avenue. We also continue to plan for additional garages in Sunset
Harbour, 23rd Street and in North Beach, however, we have not addressed a basic
problem of letting our residents and visitors know on a real time basis where there are
vacant parking spaces. The technology is fairly basic and requires a counting mechanism
at both the entry and exit points of each municipal garage, which can send a wireless
message to a Parking Application to convey information on a real time basis about the
number of spaces in any particular garage.
This would be similar to the information that you might request from the Movie line
before you leave your home to find the theater nearest your home playing the film you
wish to see. In this case however, you would enter the address of your destination in
Miami Beach and press a button to locate the nearest municipal garages. You would
instantly receive information on the address of the 3 closest garages and the number of
vacant parking spaces currently available in each.
This enhancement will save time and money for the driver, who no longer will have to
waste time driving in traffic looking for a place to park or settle for an outrageously
expensive valet parking spot. It will save energy, (fuel) as the customer can proceed
directly to the nearest available parking garage, and it can be used to promote business in
Miami Beach, as we will be seen as a progressive city and one with a social conscience.
I will be placing an item on this subject on the City Commission agenda at our January
lgth meeting. I believe this is a great way to start the New Year with an idea that is long
overdue! I wish all of our residents a safe and happy holiday season and a Healthy New
Year!
OFFICE OF THE MAYOR AND COMMISSION
TO: Jorge M. Gonzalez, City Manager
FROM: Jorge R. Exposito, Commissioner
DATE: December 30,2010
SUBJECT: Discussion Item: Short Term Rentals
MEMORANDUM
Please place a discussion item on the January 19,2011 Commission meeting agenda an
update on short term rentals from administration.
We trust that you will find all in good order. Should you have any questions, please feel free to
contact my aide, Barbie Paredes at 6457.
Best regards,
cc: Robert Parcher, City Clerk
Agenda Item R9
We ore comm~tted to prov~drng excellent publrc senme and sofey to 011 who Irve, work, and ploy m our \ Date 1-14-11
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m MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
Jose Smith, City Attorney
FROM: Deede Weithorn, Commissioner
DATE: January 5, 201 1
SUBJECT: Discussion ltem for January 19 Commission Agenda
I would like to request a discussion at the January 19th Commission meeting
regarding the timing of final adopted budget delivery and how we monitor spending
and the budget until the final adopted budget is delivered.
Thank you.
Agenda ltem Rq 6
We are committed b providing excellent public service and safety to all who bve, wok, and p!ay in a Date 1-14-11
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner A
DATE: January 6,201 0
SUBJECT: Discussion Regarding Bike Sharing Program
Please place on the January 1 gth Commission Agenda a discussion item regarding the Bike
Sharing Program and the City's safety plan in anticipation of the Program's February launch.
Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274.
i~~enda Item $9
We ore commitfed to providing excellent public service ond sofey to 011 who live, work, and ploy in 4 Date 1-14-11
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OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jose Smith, City Attor
CC: Jorge Gonzalez, City
DATE: January 19,201 1
SUBJECT: An Ordinance Amending Capital Improvement Projects Oversight
Committee (CIPOC)
[Sponsored by Mayor Matti Herrera Bower]
At the request of Mayor Matti Herrera Bower, the City Attorney's Office has prepared the
attached Ordinance which is being submitted for discussion at the January 19, 2011 City
Commission meeting. The Ordinance amends the City Code provisions establishing and
creating the CIPOC by adding a non-voting ex-officio member to the Committee who is either a
member of the disabled community or has special knowledge of Americans with Disabilities Act
(ADA) issues.
F:\atto\AGUR\RESOS-ORD\MEMOS\CIPOC Ordinance (Amendment to Ordinance (1-19-1 l)).doc
Date ]-ly41/
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE Ill,
DIVISION 28 OF THE ClTY CODE, ENTITLED "CAPITAL
IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE;"
AMENDING SECTION 2-1 90.127, ENTITLED "ESTABLISHMENT;
PURPOSE; MEMBERSHIP," BY ADDING A NON-VOTING EX-
OFFlClO MEMBER WHO IS EITHER A MEMBER OF THE
DISABLED COMMUNITY OR HAS SPECIAL KNOWLEDGE OF
AMERICANS WITH DISABILITIES ACT (ADA) ISSUES; AND
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, currently, the Capital Improvement Projects Oversight Committee consists of
nine (9) voting members who serve in an advisory capacity to the City Commission and
Administration in matters pertaining to the oversight and successful implementation of capital
improvement projects in the City; and
WHEREAS, it is deemed beneficial to expand the membership of the Committee to include
an additional non-voting ex-officio member who is either a member of the disabled community or
has special knowledge of Americans with Disabilities Act issues to provide accessibility-related input
to the Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 2, Article Ill, Division 28, Section 2-190.127 of the Code of the City of Miami
Beach, Florida, is hereby amended as follows:
DIVISION 28. CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE
Sec. 2-190.127. Establishment; purpose; membership.
(a) The mayor and city commission hereby establish a capital improvement projects oversight
committee for the purpose of serving as an advisory body to the city commission and city
administration in matters pertaining to the oversight and successful implementation of capital
improvement projects initiated and undertaken by the City of Miami Beach including, without
limitation, the proposed obligation bond funded projects approved by the mayor and city
commission pursuant to Resolution Nos. 99-23299, 99-23300, and 99-23301, adopted on
September 17,1999, and as same may be amended from time to time.
(b) The capital improvement projects oversight committee shall consist of nine voting members,
eight of whom shall be appointed by the city commission as a whole (at-large appointees).
The membership of the committee shall further be comprised as follows:
(1) The mayor or hidher designee, who shall sit as a voting member of the committee,
and shall also serve as chairperson of the committee;
(2) At least two members shall be selected with experience in one of the following
technical fields:
a. Engineering;
b. Architecture and/or landscape architecture; or
c. Historic preservation;
(3) At least two members shall be selected with experience in one of the following
technical fields:
a. Construction/general contractor; or
b. Developer;
(4) Two members shall be selected with experience in the following technical field
and/or the following category:
a. Capital budgeting and/or finance; or
b. . . Citizen-at-large; atxi
(5) Two members shall be selected from any of the technical experience
-0rth in subsections (2) or (3) above-
16) One member shall be either a member of the disabled communitv or a person with
special knowledge of Americans with Disabilities Act (ADA) issues who shall be
designated to serve as a non-voting ex-officio member in order to provide
accessibilitv-related input to the committee.
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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It 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 a 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 appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of ,2011.
ATTEST:
MAYOR
CITY CLERK
F:\attoMGUR\RESOS-ORD\CIPOC Ordinance (Amendment to Ordinance 12-2-10).doc
APPROVED AS TO
FORM & LANGUAGE
& FO~(;EXCUTION
OFFICE OF THE MAYOR AND COMMISSION QRANDUM
TO: Jorge M. Gonzalez, Ciiy M
FROM: Jonah Wolfson, Commission
DATE: January 6th, 201 1
SUBJECT: Agenda Item
Please place on the January 1 9th, 201 1 Commission meeting Agenda a discussion
item on the attached article about the Dolphins efforts to seek public dollars by
unilaterally linking themselves with Miami Beach. My request will be to add fo our
legislative agenda direction to our lobbying team to oppose billionaire Dolphin's
owner Stephen Ross's attempt to obtain a government subsidy.
If you have any questions, please contact Leonor Hernandez at extension 6437.
We om camm!tkd 10 prate~d~n~ zxcetcenr pubrrc sctvrcw ord sofa@ b oil who kve work ood pIoy rri atrr vrhroi : ~~enda Item R4 5
I
I Date 1-14-//
Miami Dolphins stadium push turns to Broward tax - 01/06/2011 I MiamiHerald.com Page 1 of 3
Posted on Thu, Jan. 06,201 1
Miami Dolphins stadium push turns to Broward tax
BY DOUGLAS HANKS
dhanks@MiamiHerald.com
The Miami Dolphins will push a change in
state law allowing Broward County to cross
county lines and spend hotel taxes on a $225
million renovation of the football team's Miami-
Dade stadium.
In targeting Broward hotel taxes, the Dolphins
on Wednesday formally launched an
ambitious bid to remake the 1987 stadium
using dollars collected from tourists across
South Floiida. The Dolphins-backed bill also
would let Miami-Dade boost its hotel tax to
fund the stadium redo, as well as a long-
Sun Life Stadium in Miami-Dade. The Miami Dolphins are stalled effort to expand the Miami Beach pushing a change in state law that would let Broward
Cour~ty spend hotel taxes on a $225 million renovation of Center-
the team's stadium.
"We have to test the waters," team CEO Mike
Dse told a luncheon held by the Greater Miami Chamber of Commerce. "We need the
support of the community."
Dee described Sun Life Stadium as a key element of South Florida's tourism industry, thanks
largely to its ability to attract Super Bowls. The region has hosted more NFL championships
than anywhere else, and Dee claims a renovated stadium with a partially enclosed roof and
upgraded seating will add about $2.5 billion to the South Florida economy through 2040.
But the push for tax-funded stadium renovation is dividing the region's tourism leadership.
When the Dolphins first floated the idea last year, Miami Beach commissioners approved a
resolution opposing public dollars for the stadium.
The team is touting the support of large hotels in Miami Beach -- though Miami-Dade's
tourism bureau has not backed the deal.
"There has just been an expenditure of $298 million of hotel taxes for a sports facility, the
Marlins ballpark," said bureau President William Tafbert.
"Our first priority is to make our regional convention center competiiive," he said.
In Broward, commissioners could face the prospect of raising hotel taxes to fund a project
ht~p:/l~.mimiherald.~om/2011/0 l/OS/v-print/200 1 882fdo'Iphins-seek-cross-county- tax,... 1110120 1 1
Miami Dolphins stadium push tums to Broward tax - 01/06/2011 1 MiamiHera1d.com Page 2 of 3
just a mile over the county line -- an expenditure currently prohibited by state law.
Nicki Grossman, Broward's tourism director, said Dee told her the plan would also generate
renovation funds for that county's convention center. With Broward benefiting from Super
Bowls -- the NFL set up its headquarters in Fort Lauderdale when it brought the
championship to South Florida last year -- she said her county needs to be a player in the
renovation talks.
"This is not just a discussion for the county south of us," said Grossman, president of the
Greater Fort Lauderdaie Convention & Visitors Bureau.
Late Wednesday the parent company of the Florida Panthers, the hockey team that plays in
an arena built with Broward hotel taxes, issued a statement Wednesday night saying it was
"vehemently opposed" to the Dolphins plan. The Panthers said the Dolphins want to use
Broward taxes to subsidize a private facility to compete with a "publicly owned facility in
Broward County."
Dee said the team, owned by billionaire real estate developer Stephen Ross, would fund a
portion of the renovation -- a significant shift from past statements, when Dee cited Ross and
former owner Wayne Huizenga's $300 million worth of investments in the stadium.
"We need to dig deeper," Dee told the chamber.
The Dolphins plan would change state law barring any Florida county from charging hotel
guests more than a 6 percent lodging tax. Along with raising the cap to 7 percent, the law --
which insiders expect to be introduced by state Rep. Erik Fresen, R-Miami -- would let
Miami-Dade split the new revenue evenly between the stadium and expanding the Miami
Beach Convention Center.
Without the partially enclosed roof and 3,000 seats in the renovation plan, Dee said the
Dolphins' stadium would be less competitive for Super Bowls and other big games, including
college football championships.
Refurbishing convention centers are top priorities for tourism industries in both counties. The
Dolphins are offering tourism leaders the prospect of a major lobbying push for long-sought
dollars.
"It's money we wouldn't normally have access to," said Shawn Hauver, general manager of
the Loews Miami Beach, one of the city's largest hotels. Speaking of the hotel industry, he
added: "I don't think we have the machinery in piace to try and go get something like that
done."
The Loews' parent company is largely owned by the Tisch family, which also owns the New
York Giants. The Loews has so far been the leading voice for the Dolphins plan in the hotel
industry,
South Florida's largest resort, the Fontainebleau Miami Beach, issued a statement saying it
was in "full suppori" of any plan that would lead to the "'expedited commencement and
comptetion" of the convention center project, including the Dolphins proposal. A statement by
the Greater Miami and the Beaches Hotel Association said it supported "exploring" all plans
Miami Dolphins stadium push turns to Broward tax - 01/06/2011 1 MiamiHerald.com Page 3 of 3
for improving the convention center, but did not mention the Dolphins' proposal.
"The GMBHA would like to see the already 10-year effort to renovate and expand the Miami
Beach Convention Center accelerated and the actual project begun," read the statement by
the trade group, which is partially funded by hotel taxes.
Jeff Lehman, general manager of the 63-room Betsy in South Beach, said the hotel industry
has little to gain from a refurbished stadium unless an improved convention center came with
it.
"There's virtually no benefit to Dade County hotels -- or specifically to South Beach hotels --
in having a bigger, better, covered stadium," he said. "Anybody that's coming up with a
solution for [raising] hundreds of millions of dollars is going to get any hotelier's attention."
Miami Herald staff writer Hannah Sampson contributed to this report.
O 201 1 Miami Herald Media Company. All Rights Reserved.
http:llwww.miamiherald.com
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, Civ Manager
Robert Parcher
Jose Smith, Esq.
FROM: Jonah Wolfson, Commission
DATE: January 10, 201 1
SUBJECT: Agenda Item - Ordinance Regarding
Meeting Agendas
Please place the attached ordinance on the agenda for first reading. The ordinance
requires all legislation that is placed on any agenda of the City Commission to have a
Commission sponsor. The City Charter is consistent with this concept as the Commission
is the only law making branch mentioned in that document.
If you have any qoestions, please contact Leonor Hernandez at extension 6437.
Wa am wminiibrf *l prrdiv 0~ceIieof ~bi~c s~rvtee and to all *ID live W& and piay m our vibl Agenda Hem fl y
Date 7-11
2- 12. Meeting Agendas.
Atly nrogosed iegislatior~ or ordinance that amcars on the agenda of a City Commission
Meeting for discussion stnd/or approval by the Mayor and City Commission 111ust have
the name of the Mavor andlor a City Commissiol~er placed wromi~lentlv next to it as the
snonsor of the legislation. This reauiremet~t also applies to any 'wend3 of a Committee of
the City Commissio~l.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIN OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE ClN OF MIAMI
BEACH, BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II,
"CITY COMMISSION," BY ENACTING A NEW SECTION 2-12, "MEETING
AGENDAS," REQUIRING PROPOSED LEGISLATION OR ORDINANCES
THAT APPEAR ON A CIN COMMISSION OR COMMISSION COMMITTEE
AGENDA TO HAVE A COMMISSIONER SPONSOR IDENTIFIED; PROVIDING
FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the consideration and adoption of proposed legislation, including charter
amendments and ordinances, is a legislative function vested by the City Charter in the City
Commission; and
WHEREAS, the placement of proposed legislation on the City Commission agenda, or
the agenda of City Commission Committees, should have some oversight by the Mayor and
members of the City Commission; and
WHEREAS, this oversight is efficiently and effectively accomplished by requiring the
identification of a Commission sponsor of any proposed legislation at the time of its placement
on the City Commission or City Commission Committee agendas.
WHEREAS, consistent with the City of Miami Beach Charter, this ordinance will help
uphold the principles of separation of powers, and checks and balances, and improve
transparency in government; and
WHEREAS, this ordinance accomplishes the above objectives.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND MEMBERS
OF THE COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION ONE. Chapter 2, "Administration," Article 11, "City Commission," of the Miami Beach
City Code, is hereby amended by the addition of a new Section 2-12, "Meeting Agendas," as
follows:
Sec. 2-12. Meetinq Agendas.
2-12. Meeting Agendas.
Statement of Leqislative Intent: Consistent with the Citv of Miami Beach Charter, this ordinance
will help uphold the principles of separation of powers and checks and balances. It will also
lend to improvina transparencv in qovernment.
Anv proposed leaislation or ordinance that appears on the aqenda of a Citv Commission
Meeting for discussion and/or approval bv the Mavor and Citv Commission must have the name'
of the Mavor and/or a Citv Commissioner placed prominentlv next to it as the sponsor of the
leqislation. This requirement also a~plies to anv aqenda of a Committee of the Citv
Commission.
SECTION TWO. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION THREE. CODIFICATION.
It is the intention of the City Commission, 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 as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION FOUR. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of ,2011.
ATTEST:
MAYOR
CITY CLERK
First Reading:
Second Reading:
Verified by:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
Planning Director
T:\AGENDA\2011\1-19-1 l\Commn Agenda Sponsor ordinance 1-1 0-201 1 .doc
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner A
DATE: January 11,201 1
SUBJECT: Discussion Regarding Project Medishare's "Days After the Quake" Documentary
Please place on the January lgth Commission Agenda a discussion item regarding Project
Medishare's "Days After the Quake" documentary and requesting approval for the City to co-
sponsor the event by allowing the use of the Colony Theatre as the venue.
Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274.
' Agenda Item f?q L
We ore cornrnrtfed to prov1d,ng excellent publ~c servrce ond safety to all who /we, work, and ploy m
I Date 1-14-11
4
487
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Reports and Informational ltems
Reports and Informational ltems (see LTC #008-2011)
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