The URL can be used to link to this page

20110914 Agenda BMMIAMIBEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive September 14,201 1 Mayor Matti Herrera Bower Vice-Mayor Edward L. Tobin Commissioner Jorge Exposito Commissioner Michael Gdngora Commissioner Jerry Libbin 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 PA Presentations and Awards Regular Agenda R2 Competitive Bid Reports R5 Ordinances Consent Aaenda 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 in our vibrant, tropical, historic community. 1 Commission Agenda, September 14,201 1 Presentations and Awards PA1 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates Spring 201 1 Class. (City Manager's Office) PA2 Certificate Of Appreciation To Be Presented To Chef Carlos Renta Of Artistik Catering For His Participation In The "Cooking On A Budget Workshop" For Elders. (City Manager's Office) PA3 Presentation Of The Parks And Recreation Department's Teen Club Drug & Gang Prevention Program College Scholarship Award, To Tania Centeno And Karen Gonzalez, For Their Achievements, Commitment And Contributions To Their Community, Fellow Teens And Families While Participating In The Miami Beach Teen Club. (City Manager's OfficeIParks & Recreation) PA4 Presentation By The National Weather Service Designating The City Of Miami Beach A Storm Ready - Community. (Requested by Commissioner Jonah Wolfson, City Manager's Office & Fire Department) PA5 Presentation By Heather Rohan, CEO Of Aventura Hospital And Medical Center. (Requested by Commissioner Jonah Wolfson) (Deferred from July 13, 201 1) PA6 Certificates Of Recognition To Be Presented To Esperanza Isabel Menendez, Participant And Her Employer, Catalyst Of Miami / UNIDAD1s Senior Placement Program. (Requested by Commissioner Jonah Wolfson) PA7 Proclamation Declaring Hispanic Heritage Month. (Requested by Mayor Matti Herrera Bower) PA8 Proclamation To Be Presented To Bill Sussman, The Alzheimer's Association, For The Alzheimer's Association 201 1 Miami Dade Walk To End Alzheimer's On October 29, 201 1. (Requested by Mayor Matti Herrera Bower) PA9 Certificate Of Recognition To Be Presented To Miguell Del Campillo, HACMB, For Being Named The Housing Authority Of The Year 201 1 For Providing Outstanding Affordable Housing In Florida. (Requested by Mayor Matti Herrera Bower) PA1 0 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For May-July 201 1. (Page) (Requested by Commissioner Jorge R. Exposito) Commission Agenda, September 14,201 1 Presentations and Awards (Continued) PA1 1 Certificate Of Appreciation To Be Presented To Rabbi Yitzchak Zweig For His Work Creating A Kosher Food Bank For Residents In Our Community. (Requested By Vice-Mayor Edward L. Tobin) PA12 Certificate Of Appreciation To Be Presented To Mr. Joe Moniz, For Hosting Our Senior Citizen Residents At Walmart's Senior Nutrition Education Event At His Store In North Miami Beach. (Requested By Vice-Mayor Edward L. Tobin) PA1 3 Proclamation To Be Presented To Marcia Jo Zerivitz Upon Her Retirement As The Director Of The Jewish Museum Of Florida. (Requested by Commissioner Deede Weithorn) PA14 Certificate Of Recognition To Be Presented To Officer Elio Sanchez For Outstanding Police Work. (Requested by Commissioner Jerry Libbin) 4 * PA1 5 Key To The City To Be Presented To Detective Eric Figueroa For His Military Service. (Requested by Commissioner Jerry Libbin) PA16 Certificate Of Recognition To Dr. Rodolfo Dumenigo, M.D., For Providing Free Healthcare And Training To Seniors. (Requested by Commissioner Jerry Libbin) PA1 7 Certificate Of Recognition To Be Awarded To Unyess And Mel Safra Of Bagel Time For Their Long Standing Contribution To The City Of Miami Beach. (Requested by Commissioner Michael Gongora) PA18 Certificate Of Recognition To Be Awarded To The Clifton South Beach For Being The First LEED Certified Building In The City Of Miami Beach. (Requested by Commissioner Michael Gongora) CONSENT AGENDA Action: Moved: Seconded: Vote: Commission Agenda, September 14,201 1 C2 - Competitive Bid Reports C2A Request For Approval To Issue A Request For Proposals (RFP) For The Purchase And Installation Of New Multi-Space Pay Stations For Its On-Street And Off Street Parking Locations. (Parking Department) C2B Request For Approval To Award A Contract To Apex Pest Control, Inc., Pursuant To Invitation To Bid (ITB) No. 26-1 011 1, To Provide Pest Control And Fertilization Services, In The Estimated Annual Amount Of $59,987.20. (Parks & Recreation/Procurement) C2C Request For Approval To Award A Contract To Showturf, LLC., Pursuant To lnvitation To Bid (ITB) No. 38-10-1 1 For Lease Of Golf Course Turf Maintenance Equipment For The Miami Beach Golf Club, For A Period Of Forty-Eight (48) Months, With Monthly Installments Of $7,521.38 For The First Lease Schedule Beginning On October I, 201 1, And Monthly Installments Of $3,804.46 For The Second Lease Schedule Beginning April 1, 201 2, For A Total Annual Amount Of $1 35,910.08, And Authorize The Mayor And City Clerk To Execute A Four Year Master Lease Agreement With Deere Credit, Inc. In The Total Amount Of $543,640.32. (Parks & RecreationIProcurement) C4 - Commission Committee Assignments C4A Referral To The Land Use And Development Committee - Discussion Regarding Controlled, Limited, And Attentive Off-Leash Hours At Pine Tree Park. (Requested by Commissioner Jonah Wolfson) C4B Referral To The Finance And Citywide Projects (FCWP) Committee - Discuss The Franchising Of Valet Parking Operations And ,Direct Staff To Cease Discussions At Other Levels, Committees, Or Pilot Programs Until The Committee Discusses The Matter And Refers It Back To Commission And The Commission Makes A Recommendation. (Requested by Commissioner Jonah Wolfson) C4C Referral To The Land Use And Development Committee - Discussion On Artificial Grass At Hotels And Homes And The Planning Department Procedure For Approving Same. (Requested by Commissioner Jonah Wolfson) C4D Referral To The Land Use And Development Committee - Discussion Regarding A Resolution Approving An Amendment To The Concept Plan For Property Owned By 730 1'' Street Associates, LLC In Block 52 In South Pointe. (Planning Department) C4E Referral To The Finance And Citywide Projects Committee A Discussion Pertaining To The Catering And Concessions Services Agreement For The Miami Beach Convention Center. (Tourism And Cultural Development) Commission Agenda, September 14,201 1 C4 - Commission Committee Assinnments (Continued) C4F Referral To The Planning Board - An Ordinance Modifying The Height Limitations In The RPS-4 Zoning District. (Requested by the Land Use & Development Committee) C4G Referral To The Planning Board - An Ordinance Clarifying The Categories Of Members To Be Appointed To The City's Land Use Boards. (Requested by the Land Use & Development Committee) C4H Referral To The Finance And Citywide Projects Committee - Discussion Concerning The Possibility Of Hiring Additional Special Masters Or Scheduling More Hearing Dates For The Existing Special Masters. (Requested by Commissioner Michael Gongora) C41 Referral To The Finance And Citywide Projects Committee - Discussion Pertaining To Providing Outdoor Seating On The City-Owned Space Adjacent To The Cinematheque Theater At Historic City - Hall. (Real Estate, Housing & Community Development) C4J Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding A Change To The Land Development Regulations That Would Address The Issue Of Wind Turbines. (Requested By Vice-Mayor Edward L. Tobin) C4K Referral To The Finance And Citywide Projects Committee - Discussion And Review Of The City's Investment Policy. (Requested by Commissioner Deede Weithorn) C4L Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Revamping The Bikeways Master Plan To Better Interact With The City's Traffic Calming Planning. (Requested by Mayor Matti Herrera Bower) C4M Referral To The Land Use And Development Committee - Discussion Regarding A Resolution Passed By The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of Single Family Homes. (Requested by Mayor Matti Herrera Bower) Commission Agenda, September 14,201 1 C6 - Commission Committee Reports C6A Report Of The Joint NeighborhoodsICommunity Affairs Committee And Land Use And Development Committee Meeting On July 7, 201 1: 1) A Resolution Calling For A November 1, 201 1 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 1.03 Should Be Amended To Require That, After November 2, 2011, And Before Becoming Effective, Any Change To The Land Development Regulations In The City Code, Except For City-Owned Property In The Government Use And Civic And Convention Center Zoning Districts, Which Allows Increased Building Heights Shall First Be Approved By A Majority Of Voters In A Citywide Election? 2) A Resolution Calling For A November 1, 201 1 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether The Miami Beach City Charter Should Be Amended To Require That, After November 2, 201 1, And Before Becoming Effective, Any Change To Chapter 11 8, Article II, Division 4 Of The City Code (Entitled, "Historic Preservation Board"), Or To Chapter 1 18, Article X , Of The Code ("Historic Preservation"), Which Either Reduces The Powers And Duties Of The Board, Or Creates Less Stringent Historic Preservation Standards Or Regulations, First Be Approved By A Majority Of Voters In A Citywide Election? 3) A Resolution Calling For A November 1, 201 1 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 6.03 Should Be Amended To Change The Time Period That A Qualified Elector Of The City, Residing Within The City For At Least One (1) Year Prior -. To Qualifying, Has To File With The City Clerk HisIHer Petition For Qualifying As A Candidate For Office, From No Later Than The Second Day Of The Consecutive Four (4) Day Period For Qualifying As A Candidate For Such Office, To No Later Than Noon Of The 14'~ Day Preceding The First Day Of Such Consecutive Four (4) Day Qualifying Period. 4) A Resolution Calling For A November 1, 201 1 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 6.03 Should Be Amended To Require A Waiver Of The City Qualifying Fee In The Event That The County Supervisor Of Elections Does Not Certify A Candidate's Qualifying Petition Within The Four Day Qualifying Period Where Such Candidate's Petition Was Timely Filed And Is Subsequently Certified By The County Supervisor Of Elections. 5) Commissioner Wolfson's Item (Straw Ballot). C6B Report Of The NeighborhoodsICommunity Affairs Committee Meeting On July 7,201 1: 1) Quarterly Crime Statistics. 2) Discussion Concerning Noticing For Sidewalk Cafe Permit Renewal. 3) Discussion On The Status Of Sunrise Plaza. 4) Discussion Regarding Licensing And Authorization Requirements For Mobile Food Trucks And Proposal For A City Sponsored Food Truck Festival. 5) Discussion Regarding An Ordinance Amending Chapter 2, Article Ill, Division 26, Section 2-1 90.1 07 And Section 2-1 90.1 10 Of The City Code, Establishing The City's Community Development Advisory Committee, To Amend The City Affiliation Requirements For Membership Of The Community Development Advisory Committee; Providing For Repealer, Severability, And Effective Date. 6) Discussion Regarding A Status Update On The City Of Miami Beach Red Light Cameras. 7) Discussion Regarding Street Ends And Swales Along The Water. 8) Discussion Regarding The Interim Traffic Calming Plan for La Gorce And Pinetree Drives. 9) Discussion Regarding The Lack Of Parking For Permit Paying Residents In The Flamingo Park Parking Lot P-10. 10) Discussion Regarding The Viability Of A Very Safe, Neighborhood Approved Kayak Launch. 11) Discussion Concerning Quality Of Life Issues For West Avenue. 12) Consideration And Discussion Of Proposed Amendments To The City's Noise Ordinance. Commission Agenda, September 14,201 1 C6 - Commission Committee Reports (Continued) C6C Report Of The Joint Neighborhoods/Community Affairs Committee And Finance And Citywide Projects Committee On September 1,201 1: 1) a) Discussion Of Ways To Prevent Future Problems On Memorial Day Weekend Such As The Possibility Of Rolling Back Alcohol Sales Hours; b) Discussion Regarding Memorial Day Weekend Recap And Planning For Next Year. 2) Discussion Of The Issuance Of Additional Stormwater Revenue Bonds And The Refunding Of Outstanding Stormwater Revenue Bonds. (Memorandum to be Submitted in Supplemental) C6D Report Of The Land Use And Development Committee Meeting On July 20,201 1 : 1) Discussion On The Ocean Beach Historic District R-PS4 Zoning Amendment. 2) An Ordinance Clarifying The Qualifications And Categories Of Members To Be Appointed To The City's Land Use Boards. 3) An Ordinance Amending Chapter 14 "Building Regulations" Of The City Of Miami Beach Code Of Ordinances, By Adding Section 14-72 To Be Titled "Construction Parking Plan", Establishing The Requirements For Construction Parking Plans; Amending Appendix A By Creating A Construction Parking Plan Review Fee. 4) 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; 5) Discussion Regarding The Gale Hotel Height Limits. 6) Discussion Regarding Changing The Permitted Uses In A CD-2 District To Allow For Self Storage. 7) a) Discussion On A Possible Amendment To The Accessory Use Regulations For The RM-2 Zoning District To Permit A Limited Number Of Commercial Accessory Uses In An Apartment Building Adjacent To A Public Baywalk To Be Open To The Public. 7) b) Discussion Regarding The Baywalk Conservation District Proposal Put Forth By Members Of The Lincoln West Neighborhood Association. 8) Discussion On The De-Intensification Of The 1-1 Light Industrial District. 9) Discussion On Including A Clause For Exceptions In The Short Term Rentals Ordinance. 10) Discussion Of Off-Leash Hours And/or A Designated Area For Dogs, Not Fenced, In The General South Vicinity Of The Par 3 Golf Course, Or Other Designated Area Of The Par 3.11) Discussion On The Settlement Agreement Modifying The Super Majority Requirement To Amend The Par 3 Plan. C6E Report Of The Finance And Citywide Projects Committee On July 28, 201 1 And July 29, 201 1: 1) Budget Briefing: Commissioner Update On Department Reviews. 2) Budget Briefing: Potential Service Reductions And EnhancementsIPotential Revenue Enhancements. 3) Proposed Capital Renewal And Replacement Projects. 4) Proposed Information And Communications Technology Fund Projects. 5) FY 201 111 2 Capital Projects Update. 6) Other Pending Budget Items. C6F Report Of The Capital lmprovement Projects Oversight Committee Meeting On July 11, 201 1: 1) Attendance. 2) Review and Acceptance of Minutes. 3) Presentations: 3a) Certificate of Appreciation: Daniel Veitia. 4) Public Comments. 5) Commission items: 5a) Fire Station No. 2 Contingency Increase; 5b) Sunset Islands I & II ROW; 5c) Bayshore- Atkins RPR & CH2M HILL CA Services; 5d) Indian Creek Improvements. 6) Requested Reports: 6a) Status Report On Lower North Bay Road Neighborhood; 6b) Status Report On Normandy Isle Neighborhood. 7) Old Business: 7a) Status Report: Venetian Island Neighborhood lmprovement Project; 7b) Status Report: Sunset Islands Ill & IV. 8) Adjournment. Commission Agenda, September 14,201 1 C7 - Resolutions C7A A Resolution Retroactively Approving And Authorizing The City Manager Or His Designee To Submit The Following Grant Applications: 1) Environmental Protection Agency For Funding In The Approximate Amount Of $750,000 For Stormwater Infrastructure Improvements; 2) Miami Beach Visitor And Convention Authority In The Approximate Amount Of $45,000 For Sleepless Night 201 1 ; 3) National Endowment For The Arts For Funding In The Approximate Amount Of $100,000 For Sleepless Night 201 2; 4) Department Of Homeland Security, State Homeland Security Grant Program For Funding In The Approximate Amount Of $9,000 For Training For Fire Department Personnel; 5) Miami-Dade County EMS For Funding In The Approximate Amount Of $6,000 For Fire Department EMS Needs; 6) PetSmart Charities@ For Funding In The Approximate Amount Of $80,000 For The City's Cat SpaylNeuter Program; 7) U.S. Department Of Homeland Security, Assistance To Firefighters Grant Program For Funding, In The Approximate Amount Of $40,000 For The City's Fire- Related Needs; Appropriating The Above Grants, Matching Funds, And City Expenses Related To The Above Projects; If Approved And Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To These Applications. (Budget & Performance Improvement) C7B A Resolution Approving And Authorizing The City Manager Or His Designee To Execute An -. . Agreement, On Behalf Of Mount Sinai Medical Center Of Florida, Inc., (Mount Sinai) With The State Of Florida, Division Of Emergency Management, For Federal Funding From The U.S. Department Of Homeland Security, Federal Emergency Management Agency (FEMA), In The Amount Of $750,000 For Mount Sinai's Installation Of A Generator, Fuel Tank, And Transfer Switches At Its Gumenick Ambulatory Surgical Center; Further Authorizing The City Manager To Negotiate And Execute A Memorandum Of Understanding Between The City And Mount Sinai Regarding Mount Sinai's Installation Of The Aforestated Generator, Fuel Tank, And Transfer Switches, Pursuant To State Of Florida Division Of Emergency Management (DEM) Contract Number 12DM-5F-11-23-02, And Including Provisions Pertaining To Payment, Reimbursement And A Full Indemnification And Hold Harmless From Mount Sinai In Favor Of The City; And Further Approving And Authorizing The Execution Of A Letter Of Agreement Between The City And The State Of Florida, Agency For Health Care Administration, For Remittance Of Funds, In An Amount Up To $750,000, To The State Of Florida, Agency For Health Care Administration, As An Intergovernmental Transfer For The Provision Of Medicaid-Funded Health Services To The Community. (Budget & Performance Improvement) (Memorandum & Resolution to be Submitted in Supplemental) A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Professional Services Agreement With James B. Pirtle Construction Co., Inc., In An Amount Not To Exceed $44,713, For Pre-Construction Services For The Construction Of The Property Management Facility, Pursuant To Request For Qualifications No. 21-1011 1 ; And, Upon Completion Of Pre-Construction Services, Authorize The City Manager To Enter Into Negotiations For A Guaranteed Maximum Price (GMP) For Construction Services And To Further Seek Authorization And Approval From The Mayor And City Commission, To Execute An Agreement Approving The GMP With Previously Appropriated Funding From The 2003 Go Bonds-Neighborhood lmprovement Fund. (Capital lmprovement Projects) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Professional Services Agreement With James B. Pirtle Construction Co., Inc., In An Amount Not To Exceed $41,710, For Pre-Construction Services For The Construction Of The Flamingo Park Tennis Center, Pursuant To Request For Qualifications No. 37-1011 1, And, Upon Completion Of Pre-Construction Services, Authorize The City Manager To Enter lnto Negotiations For A Guaranteed Maximum Price (GMP) For Construction Services And To Further Seek Authorization And Approval From The Mayor And City Commission, To Execute An Agreement Approving The GMP With Previously Appropriated Funding From The MDC-CDT Interlocal-CDTlResort Tax Eligible Fund. . (Capital lmprovement Projects) C7E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 35-1011 1, For A Design Criteria Professional To Prepare The Design Criteria Package For The Palm And Hibiscus Neighborhood Right-of-way lmprovement Project, Which Is Intended To Be A Design-Build Contract; And To Serve As The City's Representative During The Selection Of The Design-Build Firm For The Project, Concerning The Evaluation Of The Responses Submitted By The Design-Build Firms; Review And Approve For Compliance Of The Detailed Working Drawings For The Project; And For Evaluation Of The Compliance Of The Project Construction With The Design Criteria Package; Authorizing The , - Administration To Enter lnto Negotiations With The Top-Ranked Proposer, Camp, Dresser & McKee, Inc (CDM) ; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, Corzo, Castella, Carballo, Thompson, Salman, PA (C3TS); And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Calvin, Giordano, And Associates, Inc; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Capital lmprovement ProjectslProcurement) C7F Appointment Of Chief Special Master 1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section 30- 36 Of The Code Of The City Of Miami Beach, Concerning The Re-Appointment Of Abraham Laeser, Esquire, To Serve As Chief Special Master, For A Term Commencing On September 15,201 1, And Ending On March 14,201 2; Provided Further That Chief Special Master Laeser Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other Non-Criminal Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To Conduct The Subject Hearings; And Further Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including, Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation And Duties Of The Chief Special Master 2. A Resolution Approving And Re-Appointing, Pursuant To Section 102-356 Of The City Code, Abraham Laeser Esquire, (Chief Special Master Re-Appointed Pursuant To Resolution No. , As The City Manager's "Designee" Under Section 102-356 Of The City Code; Said Designation Commencing With Mr. Laeser's Term As Chief Special Master On September 15,201 I, And Ending On March 14,2012. (City Clerk's Office) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) C7G A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No. 29-1011 1, For Certain Advertisement Program And Advertisement Sales Support Services; Authorizing The Administration To Enter Into Negotiations With Van Wagner Communications LLC, For Miscellaneous Parking Garage Advertising, And Boom-Ad Advertisement System LLC And Abcon Media, For Parking Arms Advertising; Further Recommending The Re-Issuance Of An RFP For Advertising Categories Such As Parking Stripes Advertising, DigitalIDisplay Elevator Advertising, Parking Pay-On-Foot (POF) Meter Advertising, Other Advertising Opportunities (Non Parking) And Advertising Sales Support To Exclude The Advertising Categories Which Have Already Been Awarded Under This RFP; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (City Manager's Office/Procurement) C7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute: I) Amendment No. I To The Purchase And Sale Agreement, Dated July 14,201 0, Between The City Of Miami Beach And The Housing Authority Of The City Of Miami Beach (HACMB), For The Purchase Of A Perpetual Easement Over The Property Located At 1231-1251 17th Street, Miami Beach, Florida, For The - Purpose Of Constructing A Bridge Connecting West Avenue And Dade Boulevard; Said Amendment Extending The "lnspection Period", As Defined Therein, For A Period Of Up To Six Months, (Or Until March 15,201 2) Or, If Less, Such Other Time Period As HACMB May Approve; And 2) Amendment No 1. To The Accompanying Development Agreement Between The City And HACMB, Having A Commencement Date Of September 15, 2010; Said Amendment Extending The "Due Diligence Period", As Defined Therein, Until March 15,2012, Or, If Less, Such Other Time Period As HACMB May Approve; Further Ratifying The City Manager And HACMB's Agreement To A Short-Term Extension Of The lnspection And Due Diligence Periods, Through And Until September 28, 201 1; Said Short-Term Extension Granted In Order To Preserve The City's Right To Terminate The Agreements And, Further, To Give The City And HACMB Time To Bring The Extension Requested In This Resolution Before Their Respective Governing Boards.. (Economic Development) C71 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Professional Services Agreement Between The City Of Miami Beach, Florida And McGladrey & Pullen, LLP., Dated October 26, 2006, For Independent Audit Services (The Agreement); Said Amendment Revises Exhibit "B" Of The Original Agreement, Entitled "Fee Compensation," By Adding An Audit Of The Building Better Communities Bond Project For The Fiscal Year Ending On September 30, 2011, And An Audit Of The Children's Trust Fund Program For The Fiscal Year Ending On September 30, 201 1; And Further Approves The First Year Renewal Option Of The Agreement. (Finance Department) C7J A Resolution Consenting To The Appointment Of Stephen Scott As Director Of Building Department For The City Of Miami Beach. (Human Resources) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) C7K A Resolution Authorizing The City Of Miami Beach To Accept A Donation Of Physical Fitness Equipment From Mr. Valentine Francis Bubosky, On Behalf Of The Miami Beach Police Department, With An Approximate Value Of $10,000.00 To Be Housed In The Miami Beach Police Department's Gymnasium. (Police Department) C7L A Resolution Authorizing The City Manager, Or His Designee, And City Clerk To Execute A Memorandum Of Understanding And An Agreement Between The City Of Miami Beach, On Behalf Of The Miami Beach Police Department, And The Internal Revenue Service (IRS) Criminal Investigation Division To Participate In The IRS Financial Investigative Strike Force High Intensity Drug Trafficking Area (HIDTA) Group 5 Task Force For The Purpose Of Apprehending And Prosecuting Individuals Who Are Involved In Narcotics Trafficking, Money Laundering And Other Major Crimes. (Police Department) A Resolution Authorizing The Mayor And City Clerk To Execute An Agreement Between The City Of Miami Beach And The Town Of Medley, For The Purpose Of Conducting Firearms Training By The - . Miami Beach Police Department At The Town Of Medley Police Firearms Training Center Located At , 9700 NW 97 Avenue, Medley, Florida. (Police Department) C7N A Resolution Setting A Public Hearing For The October 19, 201 1 City Commission Meeting To Consider Granting A Revocable Permit For Comco LLC, Owner Of The Property Located At 701 Lincoln Road, For The Proposed Fixed Canopy That Extends Approximately Six Feet One Inch (&-I ") Over And lnto The Public Right Of Way On Lincoln Road Mall. (Public Works) C70 A Resolution Setting A Public Hearing For The October 19, 201 1 City Commission Meeting To Consider Granting A Revocable Permit For 420 Lincoln Road Development Group Inc, Owner Of Lincoln East Garage Located At 420 Lincoln Road, For The Proposed Mid-Tensioned, Removable HPDE Metal Mesh That Extends Approximately Five Feet Six Inches (5'-6) Over And lnto The Public Right Of Way On 1 6th Street And Drexel Avenue. (Public Works) C7P A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A License Agreement With The Florida Department Of Transportation (FDOT), For Construction Of A Sidewalk On The Southwest Corner Of Collins Avenue And 8oth Street, As Part Of FDOT's Collins AvenueIState Road AIA Project. (Public Works) C7Q A Resolution Granting Four (4) Easements To Miami-Dade County For The Relocation Of Four (4) Light Poles Along Dade Boulevard, From The 17 Street Bridge To Meridian Avenue, As Part Of The Dade Boulevard Bike Path Project. (Public Works) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) 7R A Resolution Approving A Subordination Of A City Mortgage, In The Amount Of $1,024,708, Made To MBCDC: The Allen, LLC (Mortgagor) For The Rehabilitation Of The Affordable Housing Project Known As "The Allen House", Located At 2001 Washington Avenue, Miami Beach, Florida; Said Subordination, In Favor Of A $263,300 Loan (Made To MBCDC: The Allen LLC) By Great Florida Bank, In Connection With MBCDC's Reduction/Conversion Of Its Construction Financing From Great Florida Bank, In The Amount Of $500,000, To Permanent Financing, In The Amount Of $263,300; And Further Authorizing The City Manager And The City Clerk To Execute Any And All Documentation Related Thereto. (Real Estate, Housing & Community Development) C7S 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 City Manager To Execute A Two-Year Agreement With The Salvation Army, In A Form Acceptable To The City Attorney, For The Provision Of Thirty-One (31) Shelter Beds To Be Used To Provide Emergency Shelter To The City's Homeless Population, At A Cost Of $226,300 Annually. (Real Estate, Housing & Community Development) A Resolution Authorizing The Acceptance Of A Total Of Thirty-Three Thousand Dollars ($33,000) In Cash And In-Kind Donations From The Sponsors Set Forth In This Resolution, Made To The City For Sleepless Night 201 1, A Free Citywide Arts And Cultural Event; And Further Appropriating Said Funds For Sleepless Night; And Also Accepting And Appropriating Future Donations For This Purpose; And Authorizing The City Manager Or His Designee To Make Such Expenditures And/or Reimbursements From The Aforestated Donations, In Furtherance Of And Consistent With The Aforestated Event. (Tourism & Cultural Development) A Resolution Waiving Space Rental Charges At The Miami Beach Convention Center, In The Amount Of $97,370, For The World Wrestling Entertainment's (WE) Wrestlemania XXVIII, WE Axxess Event To Be Held, At The Miami Beach Convention Center From March 29 -April I, 2012, Including Load-In And Load-Out. (Tourism & Cultural Development) C7V A Resolution Waiving Space Rental Charges At The Colony Theater, In The Amount Of $3,500, For Florida International University's College Of Architecture And Arts For Five (5) Events Held Between October 201 1 - March 201 2. (Tourism & Cultural Development) C7W A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Management Agreement Between The City Of Miami Beach And Global Spectrum, L.P. For The Miami Beach Convention Center And Colony Theater And Byron Carlyle Theater. (Tourism & Cultural Development) (Memorandum & Resolution to be Submitted in Supplemental) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) C7X A Resolution Authorizing The Acceptance Of A Thirty-Six Thousand Three Hundred Seventy-Six Dollars ($36,376) Cash Donation From The Marilyn And Edward Gadinsky Charitable Foundation, In Support Of The Soundscape Cinema Series For Fiscal Year 201 1/12; And Authorizing The City Manager Or His Designee To Make Such Expenditures And/or Reimbursements From The Aforestated Donation, In Furtherance Of And Consistent With The Aforestated Event.. (Tourism & Cultural Development) C7Y A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint Participation Agreement With Miami-Dade County To Receive County Transit Surtax Funds (Construction) In The Amount Of $500,000 (Maximum) For The Construction Of Safety Improvements Along Pine Tree Drive And La Gorce Drive, From West 51'' Street To West 63' Street. (Public Works) End of Consent Agenda Commission Agenda, September 14,201 1 REGULAR AGENDA R5 - Ordinances R5A Ordinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Building Development Process Implemented On February 1, 201 0. 1. An Ordinance Amending Chapter 14 Of The City Of Miami Beach Code, Renaming Articles And Divisions; Amending Fees, Clarifying Administrative Processes And Their Respective Fees; Creating A Process For Reevaluating Permit Fees; Deleting Sections 14-421 Through 14-431, And 14-466 Through 14-698 In Their Entirety; And Amending Appendix A By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing 2. An Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50-3 Thereof, Entitled "Plans Examination, Inspection, Permits"; And Amending Appendix A, By Adding New Fees And Modifying The Fee Schedule For The Fire Department Review Process; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing .- 3. An Ordinance Amending Chapter 15 Of The City Of Miami Beach Code, Article II, Entitled "Zoning Review Fee Associated With The Building Process", By Amending 15-31 And Adding New Sections 15-38 Through 15-43, Thereof; And Amending Appendix A, Adding New Fees And Modifying The Fee Schedule For Zoning Review Associated With The Building Process; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing 4. An Ordinance Amending Chapter 98 Of The City Of Miami Beach Code, Article Ill, Division 2, Section 98-92, Entitled "Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees," By Amending Subsection (E), Adding Subsections (F) Through (I); Amending Section 98-94, Entitled "Refunds"; And Amending Appendix A By Adding New Fees And Modifying The Fee Schedule For Public Works Review Associated With The Building Process; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Requested by Finance & Citywide Projects Committee) (Legislative Tracking: Building Department) (First Reading on July 13, 201 1) R5B An Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities," By Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure," By Amending Division 3, Entitled "Billing Procedure," By Amending Section 1 10-1 91, Entitled "Payment Of Bills," By Amending 1 10-1 91 (B) By Changing The Due Date For Utility Bills To 21 Days From 15 Days From The Date Of The Bill; Providing For Repealer, Severability, Codification And Effective Date. 10:20 a.m. Second Reading Public Hearing (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Finance Department) (First Reading on July 13, 201 IIReferred to FCWP) Commission Agenda, September 14,201 1 R5 - Ordinances (Continued) R5C An Ordinance Amending Chapter 46 Of The Miami Beach City Code Entitled "Environment," By Amending Article Iv Entitled "Noise" By Amending Section 46-151, Entitled "Definitions," By Amending The Definition Of Habitual To Conform To The Habitual Offender Language Set Forth In Subsections 46-1 59(A)(6) And (H); By Amending Section 46-1 52, Entitled "Adoption Of County Code Section By Reference; Unnecessary And Excessive Noises Prohibited," To Adopt The County's Noise Standards In Section 46-1 52; By Amending Section 46-1 58, Entitled "Enforcement By Code Inspectors; Notice Of Violation; Warnings; Responsibility To Provide Current Address," To Remove Certain Language In Subsection (B)(2) That Is No Longer Relevant Due To The Passage Of Time; By Amending Section 46-1 59 Entitled "Fines And Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The Habitual Offender Language In Subsection (H) To The Provisions In Sections 46-151 And 46-159(A)(6); And Providing For Repealer, Severability, Codification, And An Effective Date. 10:30 a.m. Second Readinn Public Hearing (Requested by Neighborhoods/Community Affairs Committee) (Legislative Tracking: City Attorney's Office) (First Reading on July 13, 201 1) R5D Parking District Boundaries And Fees In-Lieu Of Parking - An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off Street Parking", Article II, "District Requirements", By Amending Section 130-31, "Parking Districts Established", To Expand The Boundaries Of The Existing Parking Districts; By Amending Section 130-33, "Off-Street Parking Requirements For Parking Districts Nos. 2,3 And 4," To Amend Regulations Pertaining To Parking Districts 2,3, And 4; And By Amending Article V, "Fee In Lieu Of Parking Program," Section 130-1 32, "Fee Calculation", Reducing The Yearly Fee In Lieu Of Parking From The Current Three Percent Of The One-Time Payment To A Lesser Percentage; Providing For Repealer, Codification, Severability And An Effective Date. 10:40 a.m. Second Readinn Public Hearing (Requested by Vice-Mayor Jonah Wolfson) (Legislative Tracking: Planning Department) (First Reading on June 1, 201 1) R5E South Shore Hospital - Amending The Future Land Use Map And Zoning Map 1. An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For The Parcel Known As The "South Shore Hospital," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current PF-HD, "Public Facility, Hospital," To The Future Land Use Category Of CD-2, "Commercial, Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date.. 1 I :00 a.m. Second Reading Public Hearing An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Classification For The Parcel Known As The "South Shore Hospital," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification HD, "Hospital District," To The Proposed Zoning Classification CD-2, "Commercial, Medium Intensity," Providing For Codification, Repealer, Severability And An Effective Date.. 11:OO a.m. Second Readinn Public Hearing (Requested by Applicant - South Beach Heights I, LLC) (Legislative Tracking: Planning Department) (First Reading on September 15, 201 0) Commission Agenda, September 14,201 1 R5 - Ordinances (Continued) R5F An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-1 1, Entitled "Running At Large Prohibited" By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Until January 1, 2012 And By Adding Two (2) Hours In The Evening From 5:00 p.m. To 7:00 p.m. On Monday Through Friday; Providing For An Off-Leash Area On The Par 3 Golf Course From Sunrise To 9:00 A.M. Daily And From 5:00 p.m. To 7:00 p.m. On Monday Through Friday Until Construction Commences On The Par 3 Golf Course; Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Parks & Recreation) R5G An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82, "Public Property," Article IV, "Uses In Public Rights-Of-Way," Division 6, "Prohibited Signs Over Public Property," Section 82-414 "Permitted Signs, Shelters And Advertising In Public Rights-Of-Way", To Permit Advertising On Bicycle Rental Stations As Part Of A City Bike Sharing Program; Providing For Codification, Repealer, Severability And An Effective Date. First Reading (Requested by Commissioner Jorge Exposito) (Legislative Tracking: Planning Department) R5H An Ordinance Granting To Florida Power And Light Company, Its Successors And Assigns, An Electric Franchise Imposing Provisions And Conditions Relating Thereto, Providing For Monthly Payments To The City Of Miami Beach, And Providing For An Effective Date. First Reading (Requested by the Budget Process) (Legislative Tracking: Public Works) (Item submitted in a separate "Budget Related Items" book) R51 An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "Utilities," Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure Thereof;" Amending Division 2 Thereof, Entitled "Rates, Fees And Charges;" By Amending Appendix A, Entitled "Fee Schedule" To Increase The Sanitary Sewer Service Charges Imposed By The City Pursuant To Section 110-168 (a); Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by the Budget Process) (Legislative Tracking: Public Works) (Item submitted in a separate "Budget Related Items" book) Commission Agenda, September 14,201 1 R5 - Ordinances (Continued) R5J Minimum Unit Size And Parking Requirements For Affordable Housing Projects An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130 "Off- Street Parking," Section 130-32 "Off-Street Parking Requirements For Parking District No. 1 ," And Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2,3, And 4," By Adding Parking Requirements For Housing For Low And/or Moderate lncome Non-Elderly Persons; Chapter 142 "Zoning Districts And Regulations," By Amending Article IV. "Supplementary District Regulations," By Amending Division 6. "Housing For Low AndlOr Moderate lncome Elderly Persons," By Including Non-Elderly Persons In The Regulations; Amending Section. 142-1 181, "Purpose," Section 142-1 182 "Definitions," Section 142-1 183, "Unit Size," And Section 142-1 184 "Mandatory Criteria;" Amending Division 3. "Residential Multifamily Districts," Subdivision II. "RM-1 Residential Multifamily Low Intensity," Subdivision IV. "RM-2 Residential Multifamily, Medium Intensity," Subdivision V. "RM-3 Residential Multifamily, High Intensity," Division 4. "CD-1 Commercial, Low Intensity District," Division 5. "CD-2 Commercial, Medium lntensity District," Division 6. "CD-3 Commercial, High lntensity District," And Division 18. "PS Performance Standard District," By Including References To Division 6. "Housing For Low AndlOr Moderate lncome Non-Elderly And Elderly Persons." Providing For Repealer, Severability, Codification And An Effective Date. Reading (Requested by Land Use and Development Committee) (Legislative Tracking: Planning Department) R5K Amendments To The Roofing Material Ordinance An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, '"oning 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. First Reading (Requested by City Commission) (Legislative Tracking: Planning Department) R7 - Resolutions R7A1 A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 6.2155 Mills For General Operating Purposes, Which Is Five And Three-Tenths Percent (5.3%) More Than The "Rolled-Back" Rate Of 5.9029 Mills; And 2) The Debt Service Millage Rate Of 0.2884 Mills; Further Setting The Second Public Hearing To Consider The Millage Rate For Fiscal Year (FY) 201 111 2, On Tuesday, September 27, 201 1 At 5:01 p.m. 5:01 0.m. First Reading Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7A2 A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year 201 111 2 Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:01 p.m. 5:Ol p.m. First Readinn Public ~earini (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) Commission Agenda, September 14,201 1 R7 - Resolutions (Continued) R7B1 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood lmprovement District Adopting The Tentative Ad Valorem Millage Of 1.0935 Mills For Fiscal Year (FY) 2011112 For The Normandy Shores Local Government District, Which Is Nine And Nine-Tenth Percent (9.9%) More Than The "Rolled-Back Rate Of 0.9946 Mills Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:02 p.m. 502 p.m. First Readinn Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood lmprovement District Adopting The Tentative Operating Budget For Fiscal Year (FY) 201 1112 Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:02 p.m. 5:02 p.m. First Readinn Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) / - R7C A Resolution Calling For A General Election To Be Held On November 1,201 1 In The City Of Miami Beach For The Purpose Of Electing A Mayor And Three City Commissioners (Groups IV, V, And VI); Providing For Conduct Of Same By The Miami-Dade County Elections Division; Providing That Voting Precincts Shall Be Those As Established By Miami-Dade County; Providing For Notice Of Election; Providing For The Form Of Ballot And Registration Of Voters In Accordance With State Law; Providing For Payment For Conducting Election To Miami-Dade County. (City Attorney's Office) R7D Designation Of The City Of Miami Beach Canvassing Board For November 1,201 1 General Election. (City Attorney's Office) R7E A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For Qualifications (RFQ) No. 31-1011 1, For Architectural, Engineering, Design, Bid And Award, And Construction Administration Services For The Collins Park Garage; And Authorizing The Administration To Enter lnto Negotiations With The Top-Ranked Firm, Zaha Hadid Limited TIA Zaha Hadid Architects; And Should The Administration Not Be Able To Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Brooks + Scarpa Architects, Inc.; And Should The Administration Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration To Negotiate An Agreement With The Third-Ranked Firm, Oppenheim Architecture + Design LLP. (Capital lmprovement ProjectslProcurement) R7F A Resolution Authorizing The City Administration To Enter lnto An Agreement With The Trustmark Companies And Colonial Life Accident And lnsurance Company To Provide A Voluntary Accident lnsurance Plan, Fully Funded By Employee Contributions. (Human Resources) Commission Agenda, September 14,201 1 R7 - Resolutions (Continued) R7G A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No 33-1 011 1, For Consulting Services Relative To The Expansion And Enhancement Of The Miami Beach Convention Center (MBCC) CampusIDistrict; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, Strategic Advisory Group, And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorize The Administration To Negotiate With The Second-Ranked Proposer, HVS Convention, Sports & Entertainment Consulting; And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorize The Administration To Negotiate With The Third-Ranked Proposer, HR &A Advisors, Inc. (City Manager's OfficeIProcurement) (Memorandum & Resolution to be Submitted in Supplemental) R9 - New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9AI Board And Committee Appointments - City Commission Appointments. (City Clerk's Office) R9A2 Nominate Juan Rojas To The Affordable Housing Advisory Committee For The BankingIMortgage Slot (Seat Two). (Requested by Commissioner Jorge Exposito) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) R9C The Committee Of The Whole Will Meet During Lunch Recess Of The September 14, 201 1 City Commission Meeting At The City Manager's Office Large Conference Room To Discuss Security Analysis By The Police Department Investigation Related To Security Of The Mayor And Commission Offices And Chamber. (Requested by Commissioner Jorge Exposito) R9D Discuss And Refer To The NeighborhoodsICommunity Affairs Committee - An Ordinance Amending Procedures To Provide Local Preference To Miami Beach-Based Vendors In The Award Of Contracts For Goods And General Services, By Amending Chapter 2 Of The Code Of The City Of Miami Beach Entitled, "Administration," By Amending Article VI Thereof Entitled, "Procurement," By Amending Division 3 Entitled, "Contract Procedures," By Amending Section 2-372 Thereof; Providing For Codification, Repealer, Severability, And An Effective Date. (Requested by Commissioner Jerry Libbin) Commission Agenda, September 14,201 1 R9 - New Business and Commission Requests (Continued) R9E Discuss And Refer To The Neighborhoods/Community Affairs Committee - An Ordinance Implementing Procedures To Provide A Vendor Preference In The Award Of Contracts For Goods And Contractual Services, To Florida Small Businesses Owned And Controlled By Veterans And To State-Certified Service-Disabled Veteran Business Enterprises By Amending Chapter 2 Of The Code Of The City Of Miami Beach Entitled, "Administration," By Amending Article VI Thereof Entitled, "Procurement," By Amending Division 3 Entitled, "Contract Procedures," By Creating Section 2-374; Providing For Codification, Repealer, Severability, And An Effective Date. (Requested by Commissioner Jerry Libbin) R9F Discussion Regarding A Letter In Reference To The Maintenance Contract For Lincoln Road And A Request For Explanation From Administration. (Requested by Commissioner Jonah Wolfson) R9G Discussion Regarding Changes Made To The Disability Access Committee. (Requested by Commissioner Jonah Wolfson) R9H Report From Altos Del Mar Sculpture Park On Required Proof Of Financing Pursuant To Management Agreement. (Tourism & Cultural Development) R91 Discussion Regarding Staffing Of The Police Department. (Requested by Vice-Mayor Edward L. Tobin) R9J Discussion Regarding The Renovation Of The Flamingo Park Youth Softball (And Soccer) Field Restroom/Flamingo Park Master Plan. (Requested By Vice-Mayor Edward L. Tobin) R9K Update Regarding Dredging In Government Cut And Plans For Raw Sewage Festival In October. (Requested By Vice-Mayor Edward L. Tobin) R9L Discussion Regarding The Status Of The FDOT Tunnel In Light Of Recent Developments. (Requested by Mayor Matti Herrera Bower) Commission Agenda, September 14,201 1 R10 - Citv Attorney Reports Rl OA Attorney Client Session Pursuant To s286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City Commission That He Desires Advice Concerning The Following Pending Litigation Matter: The Citv Of Miami Beach V. The Board Of Trustees Of The City Pension Fund For Firefighters And Police Officers In The Citv Of Miami Beach, 11 th Circuit Court Case #I 1-01443 CA 08 Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The City Commission Meeting On September 14,201 1 In The City Manager's Large Conference Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/or Strategy Related To Litigation Expenditures With Regard To The Above-Referenced Litigation Matter. The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn And Jonah Wolfson; City Attorney Jose Smith, City Manager Jorge Gonzalez, Chief Deputy City Attorney Donald Papy, Special Counsel David Miller, James Crosland And James Linn. Reports and Informational ltems Reports and Informational ltems (see LTC #223-2011) End of Regular Agenda MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE ClTY 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 MBTV 77, AND ARE AVAILABLE IN THE ClTY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 12:30 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 MBTV 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. / 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 Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City 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 subiect 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 Consideration" 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 Mondav 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. 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 (305)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. 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 hearinq may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 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 January 19 February 9 March 9 April 1 3 May 1 1 June 1 (Wednesday] (Wednesday) (Wednesday] (Wednesday) (Wednesday] July 13 Wednesday) August - Cify Commission in recess September 1 4 October 19* November 2 November 16 Alternate Meetings (Wednesday) January 26 February 16 March 16 April 27 May 18 July 20 (Wednesday) (Wednesday] October 26 (Wednesday) - Election related only (Wednesday) - If Run-off Election only December 14 (Wednesday] December 2 1 F:\CLER\$ALL\a City Commission\201 1 Schedule of City of Miami Beach.docx (Wednesday) (Wednesday) (Wednesday] (Wednesday] Wednesday) (Wednesday) (Wednesday) CITY CLERK’S OFFICE LOBBYIST LIST F:\CLER\COMMON\2011\20110914\Lobbyist List.doc September 14, 2011 Commission Meeting LOBBYIST NAME RETAINED BY DATE REGISTERED DISCLOSURE C7N Set Public Hearing, Consider Granting Revocable Permit For Comco LLC, 701 Lincoln Road. Michael Larkin Michael Comco, LLC 06/28/2011 $435 per hour C7O Set Public Hearing, Consider Granting Revocable Permit For 420 Lincoln Road Dev. Group Inc. Andrew Frey 420 Lincoln Road 02/19/2009 $310 per hour Les Bellinson PLC Paul Cejas, Vivian Garcia 05/24/2011 $250 per hour Lucia Dougherty Paul Cejas 05/24/2011 $700 per hour Neisen Kasdin 420 Lincoln Road 02/19/2009 $550 per hour C7W Execute Amendment 2 To Agreement With Global Spectrum, MBCC, Colony Theater And BCT. Robert Goodman Frank E. Russo, Jr./Global 04/08/2008 TBD R5D 10:40 a.m. 2nd Rdg, Parking District Boundaries And Fees In-Lieu Of Parking. (Wolfson) Andrew Frey Diego Ardid Key Int’l 02/26/2009 $310 per hour Neisen Kasdin Diego Ardid, Key Int’l 02/26/2009 $550 per hour R5E 11:00 a.m. 2nd Rdg, South Shore Hospital - Amend Future Land Use Map And Zoning Map. Jonathan Cardello South Beach Heights I, LLC 12/15/2008 $60,000 Russell Galbut South Beach Heights I, LLC 01/12/2009 No comp. R5H 1st Rdg, Grant FPL An Electric Franchise Imposing Provisions For Monthly Payments Aletha Player Florida Power & Light, Co. 12/09/2010 Employee Presentations and Awards PA1 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates Spring 201 1 Class. (City Manager's Office) PA2 Certificate Of Appreciation To Be Presented To Chef Carlos Renta Of Artistik Catering For His Participation In The "Cooking On A Budget Workshop" For Elders. (City Manager's Office) PA3 Presentation Of The Parks And Recreation Department's Teen Club Drug & Gang Prevention Program College Scholarship Award, To Tania Centeno And Karen Gonzalez, For Their Achievements, Commitment And Contributions To Their Community, Fellow Teens And Families While Participating In The Miami Beach Teen Club. (City Manager's OfficeIParks & Recreation) PA4 Presentation By The National Weather Service Designating The City Of Miami Beach A Storm Ready Community. (Requested by Commissioner Jonah Wolfson, City Manager's Office & Fire Department) PA5 Presentation By Heather Rohan, CEO Of Aventura Hospital And Medical Center. (Requested by Commissioner Jonah Wolfson) (Deferred from July 13, 201 1) PA6 Certificates Of Recognition To Be Presented To Esperanza Isabel Menendez, Participant And Her Employer, Catalyst Of Miami 1 UNIDAD1s Senior Placement Program. (Requested by Commissioner Jonah Wolfson) PA7 Proclamation Declaring Hispanic Heritage Month. (Requested by Mayor Matti Herrera Bower) PA8 Proclamation To Be Presented To Bill Sussman, The Alzheimer's Association, For The Alzheimer's Association 201 1 Miami Dade Walk To End Alzheimer's On October 29, 201 1. (Requested by Mayor Matti Herrera Bower) PA9 Certificate Of Recognition To Be Presented To Miguell Del Campillo, HACMB, For Being Named The Housing Authority Of The Year 201 1 For Providing Outstanding Affordable Housing In Florida. (Requested by Mayor Matti Herrera Bower) I Agenda Item ?A I - 18 I Date '?-lq-ll Presentations and Awards (Continued) PA10 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For May-July 201 1. (Page) (Requested by Commissioner Jorge R. Exposito) PA1 I Certificate Of Appreciation To Be Presented To Rabbi Yitzchak Zweig For His Work Creating A Kosher Food Bank For Residents In Our Community. (Requested By Vice-Mayor Edward L. Tobin) PA12 Certificate Of Appreciation To Be Presented To Mr. Joe Moniz, For Hosting Our Senior Citizen Residents At Walmart's Senior Nutrition Education Event At His Store In North Miami Beach. (Requested By Vice-Mayor Edward L. Tobin) PA13 Proclamation To Be Presented To Marcia Jo Zerivitz Upon Her Retirement As The Director Of The Jewish Museum Of Florida. (Requested by Commissioner Deede Weithorn) PA14 Certificate Of Recognition To Be Presented To Officer Elio Sanchez For Outstanding Police Work. (Requested by Commissioner Jerry Libbin) PA1 5 Key To The City To Be Presented To Detective Eric Figueroa For His Military Service. (Requested by Commissioner Jerry Libbin) PA16 Certificate Of Recognition To Dr. Rodolfo Dumenigo, M.D., For Providing Free Healthcare And Training To Seniors. (Requested by Commissioner Jerry Libbin) PA17 Certificate Of Recognition To Be Awarded To Unyess And Mel Safra Of Bagel Time For Their Long Standing Contribution To The City Of Miami Beach. (Requested by Commissioner Michael Gongora) PA18 Certificate Of Recognition To Be Awarded To The Clifton South Beach For Being The First LEED Certified Building In The City Of Miami Beach. (Requested by Commissioner Michael Gongora) COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals ("RFP) For The Purchase And Installation Of The New Multi-Space Stations For The City's Parking System Key Intended Outcome Supported: lmprove Parking Availability; lmprove process through information technology Supporting Data (Surveys, Environmental Scan, etc: 77% of residents rated availability of Parking across ~iami Beach as too little or much too little. ssue: Shall the Mayor and City Commission approve the issuance of the RFP? tem Summary/Recommendation: The City's Parking Department currently has 500 multi-space pay stations, in "pay and display" mode deployed throughout the City in on-street and off-street locations. Parkeon is the manufacturer of the current equipment (DG Classic and Strada models). These units were installed in 2004 and have served us well; however, the DG Classic is at the end of its product line and replacement parts are increasing difficult to attain. In fact, Parkeon no longer manufactures replacement parts or supports the DG Classic model. This places a significant strain in maintaining these units operational as replacement parts are only available through after market sources. Additionally, while Parkeon has provided software and communication upgrades for their Strada model, multi-space pay station technology has significantly advanced since 2004. There are a number of manufacturer's in the industry, including Parkeon, which provide multi-space pay stations with enhanced functionalities, including pay and display; pay by space; pay by cell; pay by license plate; and back of office functionalities. Therefore, it is both timely and reasonable for the City to issue a competitive process to evaluate these systems. The City of Miami Beach will seek proposals from qualified vendors for the purchase and installation of up to 750 new multi-space pay stations for its on-street and off-street parking locations. The City currently has 500+ multi-space pay stations throughout the City and is looking to replace its existing equipment as well expand the installation of pay stations throughout Middle and North Beach. Purchase and installation is anticipated to occur after January 1, 2012. The City reserves the right to award and contract with up to two (2) vendors and may purchase any number of units, including either all; none, or combination from either vendor. The City reserves the right to increase or decrease the number of units purchased from either one or both vendors. The City intends to provide the residents, tourists, and patrons of the City with the latest state-of-the art technology in multi-space pay stations. We are looking for innovative parking pay stations that are fully functional in a tropical climate with high humidity; in close proximity to the ocean and its elements; and durable in storm conditions, including hurricanes. The multi space pay stations must also be compatible with pay-by-phone technology. Specifications for the integration of pay-by-phone, should it be required, must be available either through the firm or under separate agreement with a third party vendor. This shall be selected at the City's sole and absolute discretion. I APPROVE ISSUANCE OF AN RFP. I Advisory Board Recommendation: I NIA "ca# AGENDA lTLU Financial Information: DATE 9"/Y"// Account Source of Funds: OBPl Financial Impact Summary: NIA Legislative Tracking: I Total Amount NIA 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: September 14,201 1 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE PURCHASE AND INSTALLATION OF NEW MULTI-SPACE PAY STATIONS FOR ITS ON-STREET AND OFF STREET PARKING LOCATIONS ADMINISTRATION RECOMMENDATION Approve the issuance of the RFP. KEY INTENDED OUTCOME lmprove Parking Availability; lmprove process through information technology. ANALYSIS The City's Parking Department currently has 500 multi-space pay stations, in "pay and display'' mode deployed throughout the City in on-street and off-street locations. Parkeon is the manufacturer of the current equipment (DG Classic and Strada models). These units were installed in 2004 and have served us well; however, the DG Classic is at the end of its product line and replacement parts are increasing difficult to attain. In fact, Parkeon no longer manufactures replacement parts or supports the DG Classic model. This places a significant strain in maintaining these units operational as replacement parts are only available through after market sources. Additionally, while Parkeon has provided software and communication upgrades for their Strada model, multi-space pay station technology has significantly advanced since 2004. There are a number of manufacturer's in the industry, including Parkeon, which provide multi-space pay stations with enhanced functionalities, including pay and display; pay by space; pay by cell; pay by license plate; and back of office functionalities. Therefore, it is both timely and reasonable for the City to issue a competitive process to evaluate these systems. A scope of services and technical specifications has been developed for inclusion in the request for proposals. The technical specifications are minimum requirements which are broadly based to enhance the competitive process. SCOPE OF SERVICES The City of Miami Beach is seeking proposals from qualified vendors for the purchase and installation of up to 750 new multi-space pay stations for its on-street and off-street parking locations in accordance with the Request for Proposals (RFP). The City currently has 500+ multi-space pay stations throughout the City and is looking to replace its existing equipment as well expand the installation of pay stations throughout Middle and North Beach. Purchase and installation is anticipated to occur after January 1, 2012. The City reserves the right to award and contract with up to two (2) vendors and may purchase any number of units, including either all; none, or combination from either vendor. The City reserves the right to increase or decrease the number of units purchased from either one or both vendors. The City intends to provide the residents, tourists, and patrons of the City with the latest state-of-the art technology in multi-space pay stations. We are looking for innovative parking pay stations that are fully functional in a tropical climate with high humidity; in close proximity to the ocean and its elements; and durable in storm conditions, including hurricanes. The multi space pay stations must also be compatible with pay-by-phone technology. Specifications for the integration of pay-by-phone, should it be required, must be available either through the firm or under separate agreement with a third party vendor. This shall be selected at the City's sole and absolute discretion. PHASED DEPLOYMENT OF REPLACEMENT AND NEW UNITS Currently, there are 500 multi-space pay stations deployed throughout the City. Of these 500 units, 250 are the DG Classic model and the balance is the Strada model. The deployment of replacement units would be phased commencing with all DG Classic units (Phase I) since this model is no longer in production and its replacement parts are no longer available. Phase I is estimated to be completed within six months, contingent upon varying factors including production runs by the manufacturer. Phase 11 (250 units) would replace the balance of the units in service (Strada model) and would be completed within four to six months. Lastly, Phase Ill, approximately 200 units, would be new installations which will replace the balance of the single space parking meters throughout the City. Phase Ill is estimated to be completed within four months. The timeline for completion of all three phases is estimated to be sixteen (16) months. Upon completion of Phase Ill, it is estimated that 90% of the metered spaces throughout the City will be operated via multi-space pay stations. There will be a contingency of 50 units in inventory to serve as temporary replacement units due to prescribed maintenancelupgrades andlor malfunctions of in-service units. EQUIPMENT WARRANTYIEXTENDED MAINTENANCE Vendor shall include a two-year initial warranty on parts and materials, labor and incidentals. Vendor shall also include pricing for the City's option to purchase up to five additional years (years 3 through 7) of extended on-site maintenancelsoftware support and updates, which will be applicable after the expiration of the initial two year warranty. The Citv will consider the cost of extended maintenance as a Dart of the total cost of acquisition of the ~roposed svstem. The City's Parking Services will be the first line of maintenance to repair, replace or investigate concerns with the pay stations. If Parking Department's Meter Maintenance Unit is unable to correct the problem, the vendor shall provide on-site services within twenty-four (24) hours of being informed. Proposer shall include a copy of the standard maintenance agreement as a part of the RFP response. Such agreement shall be subject to City review, modification, and acceptance. The vendor shall provide the City with three sets of printed hardware and software documentation; manuals; and parts price list with system delivery. EVALUATION PROCESS The procedure for Proposal evaluation and selection is as follows: 1) Request for Proposals issued. 2) Receipt of proposals. 3) Opening of responses and determination if they meet the minimum standards of responsiveness. 4) An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5) The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points: Experience and Past Performance 20 pts. Quality and Capabilities of the Proposed Solution 30 pts Technical Support 10 pts Cost Effectiveness of Proposal 30 pts Financial Stability 10 pts Total: 1 OOpts 6) After considering the recommendation(s) of the Evaluation Committee, the City Manager shall 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 shall 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 the City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall 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 agreement terms. If the City Commission has so directed, the City may proceed to negotiate an agreement with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable agreement within a reasonable period of time. 9) A proposed contract or contracts are 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 approved by the City Commission, the Mayor and City Clerk sign the contract@) after the selected respondent(s) has (or have) done so. Should the Mayor and Commission authorize the issuance of this RFP, all procurement rules (i.e. Cone of Silence, etc.) will apply. CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the issuance of a Request for Proposals (RFP) for the purchase and installation of new multi-space Pay Stations for its on-street and off-street parking locations. T:\AGENDA\2011\9-14-1 I\Multi Space Pay Station RFP Memo (2).doc COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Apex Pest Control Inc., Pursuant To Invitation To Bid (ITB) No.26-10-11 To Provide Pest Control and Fertilization Services In The Estimated Annual Amount of Key Intended Outcome Supported: I Maintain Miami Beach public area and rights of way Citywide. I 1 Su~~ortina Data (Surveys, Environmental Scan, etc 82.7% of Miami Beach residents responding I I to ti; 2009;atisfaction survey indicated that the landscape maintenance in right of way and public area was excellent or good. .WWU". Shall the Mayor and City Commission approve the award of contract? Item Summary1Recommendation: The ITB was issued on June 1, 201 1, with an opening date June 30, 201 1. A pre-bid conference to provide information to contractors submitting bids was held on June 10,201 1. BidSync issued bid notices to I3 prospective bidders, and Bidnet issued bid notices to 53 prospective bidders, additionally, the Procurement Division sent the notices to four (4) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: (1) Apex Pest Control, Inc., (2) Florida Turf and Landscape; and (3) Tower Pest Control Inc., The purpose of this bid is to establish a contract with a qualified vendor for Pest Control and Fertilization Services in order to achieve the overall quality objective, which is to maintain the landscaping in the City of Miami Beach in a healthy, growing, safe, clean and attractive condition throughout the year. Based on the analysis of the bids received, the Administration recommends that the City award a contract to Apex Pest Control Inc., pursuant to ITB 26-1011 1, To Provide Pest Control and Fertilization Services City wide. APPROVE THE AWARD OF CONTRACT. Advisory Board Recommendation: I nla I Financial Information: I I I Financial Impact Summary: u I OBPl City Clerk's Office Legislative Tracking: I Gus Lopez Procurement Division Director @ 6641 Account Parks and Recreation Professional Services Account 01 1-0940-0031 2 I I Total I MIAMIBEACH Amount $59,987.20 Source of Funds: m AGENDA ITEM c2B DATE .- 1 2 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 Manager DATE: September 14,201 1 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO APEX PEST CONTROL, INC., PURSUANT TO INVITATION TO BID (ITB) NO. 26- 10I11, TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES, IN THE ESTIMATED ANNUAL AMOUNT OF $59,987.20 ADMINISTRATION RECOMMENDATION Approve the Award of Contract. KEY INTENDED OUTCOME SUPPORTED Maintain Miami Beach Public Areas & Rights of Way Citywide FUNDING $59,987.20 - Parks and Recreation Professional Services General Fund Account No. # 01 1 - 0940-00031 2 The Parks and Recreation Department estimated budget is $75,000. By awarding the contract to the lowest total bid, the City realizes a cost savings of $1 5,012.80. BID PROCESS The ITB was issued on June 1, 201 1, with an opening date June 30, 201 1. BidSync issued bid notices to 13 prospective bidders, and Bidnet issued bid notices to 53 prospective bidders. Additionally, the Procurement Division sent the notices to four (4) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: Apex Pest Control, Inc., Florida Turf and Landscape, and Tower Pest Control, Inc., On July 5, 2011, the Procurement Division sent the bids received to the following individuals for evaluation: Kevin Smith, Parks and Recreation Director John Oldenburg, Parks and Recreation Assistant Director Domingo Macias, Parks Superintendent Brenda Carbonell, Parks and Recreation Analyst Commission Memo September 14,201 1 ITB-26-10-11 Provide Pest Control and Fertilization Services The individuals evaluated the three (3) bids received. The lowest and best bid was submitted by Apex Pest Control, Inc. The Parks and Recreation staff stated that after reviewing the three (3) bids they feel comfortable awarding a contract to the lowest overall responsive bidder, Apex Pest Control, Inc. ANALYSIS The purpose of this ITB is to establish a contract with a qualified vendor for Pest Control and Fertilization Services in order to achieve the overall quality objective, which is to maintain the landscaping in the City of Miami Beach in a healthy, growing, safe, clean and attractive condition throughout the year. The contracted vendor will be required to adhere to the ongoing Integrated Pest Management (IPM) practices in use within the city. These practices minimize the use of chemicals and emphasize proper horticultural methods to ensure the overall vitality of the landscape. The work shall include, but not be limited to, the supply of staff, expertise and equipment to apply herbicide/insecticide/fungicide as needed and various forms of fertilizer as scheduled. The City will supply all materials (pesticides and fertilizers) required to provide the contracted services as detailed in the scope of work. The City will work in concert with the vendor to research, test and evaluate new methods and materials as industry innovations occur in the effort to utilize the most sustainable products available which are deemed appropriate for use on public properties. 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 years, on a year-to-year basis. The City reserves the right to add new services and/ or develop and/or improve existing sites. New services to be added shall be evaluated by both the City and the contractor for the mutual determination of a fair unit cost, to be based upon similar services andlor similar services rendered at a similar site. Services deleted and later re-added shall be re-added at the original contract unit cost, plus any index adjustment. DUE DlLLlGENCE In an effort to ensure the lowest possible cost and fair competition, Procurement reviewed the past performance evaluation surveys from clients of Apex Pest Control, Inc. Apex has been providing the same services to the following entitles: The Marlins Stadium Garage: Miami-Dade County; City of Miami; and many commercial projects, including Wal-mart; Winn-Dixie; and Doral Academy High School. The scoring from all of these entitles was ten (10) for all categories, based on overall customer satisfaction, performance and quality of products. BID RESULTS The bid results are tabulated and attached. CONCLUSION Based on the analysis of the bids received, the Administration recommends that the City award a contract to Apex Pest Control pursuant to ITB 26-10/11- Provide Pest Control and Fertilization Services. PROVIDE PEST CONTROL AND FERTILIZATION SERVICES I hours I Labor Rate I I Labor Rate 1 TOWER PEST CONTROL INC. APEX PEST CONTROL INC. I Labor Rate (per I Annually FLORIDA TURF AND LANDSCAPE I Est. I I hour) $ 33.46 Job Classification PEST CONTROL TECHNICIAN (INCLUDE COSTS FOR SUPERVISION. EQUIPMENT AND Total $ 69,596.80 (per hour) $ 28.84 Annually 2080 (8 hrslday x 5 dayslweek) I (8 hrslday x 5 dayslweek) I Annual Total $ 59,987.20 (8 hrslday x 5 dayslweek) I (per hour) $ 33.00 Annually Total $ 68,640. COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To ShowTurf, LLC., Pursuant To Invitation To Bid (ITB) No. 38-10-1 1 For Lease Of Golf Course Turf Maintenance Equipment For The Miami Beach Golf Club, For A Period Of Forty-Eight (48) Months, With Monthly Installments of $7,521.38 For The First Lease Schedule Beginning On October I, 201 I, And Monthly Installments Of $3,804.46 For The Second Lease Schedule Beginning April 1,2012, For A Total Annual Amount Of $135,910.08, And Authorize The Mayor And City Clerk To Execute A Four Year Master Lease Agreement With Deere Credit, Inc. In The Total Amount Of $543,640.32. Key Intended Outcome Supported: I Increase Satisfaction with Recreational Programs I Supporting Data (Surveys, Environmental Scan, etc.): Parks and Recreation appeared as one of the most important areas affecting resident's quality of life. Of the 79% of residents and 82% of businesses rated the overall quality of the recreational programs and facilities as excellent or good and 58% of residents stated that they go to recreational facilities a couple of times a month or more. More recreational opportunities appeared as one of the changes residents would make to make Miami Beach a better place to live, work, and play. Issue: Shall the Mayor and City Commission approve the award of contract and execution of lease agreement? Item SummarylRecommendation: ( The ITB was issued on July 28,201 1 with an opening date August 18,201 1. BidSync issued bid notices to I 7 prospective bidders, and Bidnet issued bid notices to (18) prospective bidders, additionally, the Procurement Division sent notices to two (2) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: ShowTurf, LLC; Horizon; and Hector Turf. The purpose of this ITB is to establish a 48-month Lease Agreement, by means of sealed bids, to a qualified bidder for the lease of all new Golf Course Turf Maintenance Equipment for the Miami Beach Golf Club. Two lease terms were specified as follows: 48-month lease for ltems I through 16 listed above, for delivery on October 1, 201 1. 48-Month lease for ltems 17 through 21 listed above, for delivery on April 1, 2012. The lowest and best bid was submitted by ShowTurf, LLC. The Parks and Recreation Administration stated that after reviewing the three (3) bids they feel comfortable awarding a contract toJhe lowest overall responsive bidder, ShowTurf, LLC., for items 1 through 16 to be delivered on October I ,201 1, and items 17 through 21 to be delivered on April lS', 2012. 1 APPROVE THE AWARD OF CONTRACT AND AUTHORIZE EXECUTION OF LEASE AGREEMENT [ Advisory Board Recommendation: I NIA Financial Information: I source of I I Amount I Account I I I I I OBPl I ~otall $1 35,910.08 ( I I Funds: ( I I I Financial Impact Summary: I 1 City Clerk's Office Legislative Tracking: I Gus Lopez Procurement Division Director @ 6641 $1 35,910.08 Parks and Recreation Fund Account No. 01 1-0940-00312 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: September 14, 201 1 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO SHOWTURF, LLC., PURSUANT TO INVITATION TO BID (ITB) NO. 38-10-11 FOR LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB, FOR A PERIOD OF FORTY-EIGHT (48) MONTHS, WITH MONTHLY INSTALLMENTS OF $7,521.38 FOR THE FIRST LEASE SCHEDULE BEGINNING ON OCTOBER 1 2011, AND MONTHLY INSTALLMENTS OF $3,804.46 FOR THE SECOND LEASE SCHEDULE BEGINNING APRIL I, 2012, FOR A TOTAL ANNUAL AMOUNT OF $135,910.08, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A FOUR YEAR MASTER LEASE AGREEMENT WITH DEERE CREDIT, INC. IN THE TOTAL AMOUNT OF $543,640.32. ADMINISTRATION RECOMMENDATION Approve the award of contract and authorize the execution of leases. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. FUNDING $135,910.08Near Parks and Recreation Fund Account No. 01 1-0970-000323 The Parks and Recreation Department annual budget is $138,000; by awarding the contract to the lowest total bid, the City realizes annual cost savings of $2,089.92 per year. BACKGROUND The Parks & Recreation Department's Golf Courses Division currently has a lease for Toro turf maintenance equipment distributed by Hector Turf, and financed through Siemens Financial Services, which provides the majority of the turf grooming equipment used to maintain the Miami Beach Golf Club. That lease expired on January 10, 201 1. At the January 19, 201 1, Commission meeting the Administration submitted a resolution seeking authorization to extend the lease, on a month-to-month basis until such time as the ITB was issued. It was noted that the issuance of the ITB for the golf course equipment was being temporarily delayed in order to permit the Administration to fully Commission Memo September 14,201 1 ITB-38-10-11 Lease of Golf Course Turf Page 2 of 5 examine a potential corporate sponsorship opportunity that could augment the required equipment list, obtain the equipment at a reduced price and/or provide the City revenue as a result of an agreed upon sponsorship package. To this end the Administration had discussions with various potential corporate partners for the provision of golf course turf maintenance equipment, as well as other multi-task maintenance equipment that could be utilized throughout the city. These potential partners included Cub-Cadet, John Deere and Toro. Although substantive discussions were held, and there may be opportunities for partnerships in the future, none of the corporations were able to commit to a workable sponsorship at this time. It should be noted however, that components of the John Deere leasing package which will result in a substantial savings to the City, can be attributed in part to the relationship built with the John Deere team during our corporate sponsorship discussions. ANALYSIS The purpose of this ITB is to establish a 48-month Lease Agreement, by means of sealed bids, to a qualified bidder for the lease of all new Golf Course Turf Maintenance Equipment for the Miami Beach Golf Club. The Bidder's lease price includes a minimum 900-hour use time per equipment, per year. The Vendor is responsible for anylall pickup, delivery, and transportation charges should an equipment replacement and/or maintenance that must be provided at a location other than the City's designated facility, including all equipment pickup transportation at the end of the 48-month lease or after any extended lease use period. Any equipment(s) which must be removed from the City's designated facilitylpremises for service, in excess of twenty-four (24) hours, will be replaced with another similar unit within forty eight (48) hours at no additional cost to the City. PreventiveIRoutine Maintenance such as cleaning, greasing and lubrication, and oil change maintenance, will be performed by the City. See below a list of the equipment included in the lease: Quantity John Deere 2500E E-Cut Hybrid Riding Greens Mower - Gas 6 each John Deere Gator TX Turf Utility complete with Linex Under-Coating Rust Protection. 8 each John Deere 1200 Hydro Rake 2 each John Deere 220 E-Cut Hybrid 4 each John Deere Aercore 800 Aerator 1 each John Deere 22B Walk Greens Mower Trailer 4 each John Deere 997 Commercial L.C. Diesel Max-Frame Z-Trak with 72-inch Side Discharge 7-Iron PRO Deck 2 each RYAN Jr. Sod Cutter 1 each Wiedenmann Super 500 Multi-Purpose Sweeper 1 each DM1 Speed Rollers 2 each John Deere set of greens Tender ConditionersIDrives for 2500EG 1 each Buffalo K Debris Blower 1 each John Deere Set of Vertical Cutting Units for the 2500EG 1 each AGRI-Metal Roller Set for the John Deere 2500 1 each Custom Spiker Set for the John Deere 2500 1 each Commission Memo September 14, 201 1 ITB-38-10-11 Lease of Golf Course Turf Page 3 of 5 16. 5-Gang Mowing Unit 17. John Deere 8700 Precision Cut Fairway Mower QA7 18. John Deere Pro Gator 2020A With Vicon Attachment 19. John Deere HD200 Select Spray With Hose Reel Attachment Complete With Foam Marker Kit 20. Dakota 41 0, with Top Dresser Mounted on a John Deere Pro Gator 2020A 21. John Deere 7200 Precision Cut Trim And Surrounds Mower 1 each 2 each 1 each 1 each I each 2 each Two lease terms were specified as follows: 48-month lease for ltems 1 through 16 listed above, for delivery on October 1, 201 1. As an alternate option, bidders were requested to submit pricing for a 48- month lease for ltems 1 though 15 listed above, for delivery on October 1, 201 1. 48-Month lease for ltems 17 through 21 listed above, for delivery on April 1, 2012. BID PROCESS The ITB was issued on July 28, 201 1, with and opening date of August 18, 201 1. BidSync issued bid notices to seven prospective bidders, and Bidnet issued bid notices to (18) prospective bidders. Additionally, the Procurement Division sent notices to two (2) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: Show Turf, LLC; Horizon; and Hector Turf. On August 18, 201 1, the Procurement Division sent the bids received to the following individuals for evaluation: Kevin Smith, Parks and Recreation Director 0 Steve Farrell, Director of Golf for the Miami Beach and Normandy Shores Golf Clubs Alberto Pozzi, General Manager of PCM Carlos DaCruz, Office Associate V The Individuals evaluated the three (3) bids received. The lowest and best bid was submitted by ShowTurf, LLC. The Parks and Recreation Administration stated that after reviewing the three (3) bids they feel comfortable awarding a contract to the lowest overall responsive bidder, ShowTurf, LLC., for items 1 through 16 to be delivered on October lSt, 2011, and items 17 through 21 to be delivered on April lS', 2012. BID TABULATION The following Table provides the bid tabulation results for all three (3) responses to ITB NO. 38-1 011 1 : Commission Memo September 14,201 1 ITB-38-10-11 Lease of Golf Course Turf Page 4 of 5 *Hector Turf failed to submit an itemized price list of the equipment for Items 1 through 21 and was deemed non-responsive. The Master Lease Agreement has been reviewed by the City's Chief Financial Officer relative to the interest rates of financing, and the predetermined percentage of the residual value. SHOWTURF, LLC ShowTurf, LLC. is a full-line John Deere Golf & Turf Distributor. They serve the golf and sports turf market in Southern Florida, Southern Georgia, Hilton Head and the Caribbean. Some of their clients include Parkland Golf and Country Club, Boca West Country Club, Indian Creek Country Club, and La Gorce Country Club, among others. Their leasing agent is John Deere Credit, Inc., owned by John Deere Financial. *HECTOR Monthly $7,924.71 $7,478.19 $3,171.81 1'' Lease (Items 1-16) Personal Property Taxes Total lst Lease Alternate to Is' Lease (Items 1-1 5) Personal Property Taxes Total Alternate to I Lease Lease (Items 17-21) Personal Property Taxes Total 2nd Lease First and Second It should also be noted that: TURF Total $380,386.08 $28,499.34 $408,885.42 $358,953.12 $27,093.53 $386,046.65 $1 52,246.88 $ 11,169.01 $163,415.89 $572,301.3 1 Lease Term 48 Months 48 Months 48 Months Lease Total e John Deere FinancialIManufacturer owns the equipment directly; therefore, they will not pass on the cost for Personal Property Tax to a Municipal Government. This represents an additional cost savings of approximately $30,000 to the City. In our previous lease with Toro's financial representative, Siemens Financial, we were required to pay property tax in excess of $26,000 for the 48 month lease. SHOW Monthly $7,521.38 $7,171.72 $3,804.46 $743,929.96 Monthly $9,637.06 $9,096.80 $4,853.96 TURF Total $361,026.24 $0 $361,026.24 $344,242.56 $0 $344,242.56 $ 182,614.08 $0 $182,614.08 (Items rl through 21) HORIZON Total $462,578.88 $32,406.28 $494,985.16 $436,646.40 $30,588.96 $467,235.36 $232,990.08 $15,954.72 $248,944.80 $543,640.32 Commission Memo September 14,201 1 ITB-38-10-11 Lease of Golf Course Turf Page 5 of 5 John Deere has agreed to include rust-preventing under coating at no additional cost on the Turf Utility Vehicles. This is very important due to the fact the golf course frequently uses salt water from the lakes for irrigation. John Deere is providing the new 2500E-Series, Hybrid Riding Mowers, which offers fuel economy, reduces the noise of mower operations and a significant reduction in the chance for hydraulics leaks that can damage the putting greens. John Deere has reduced the residual buy back option from 20% of the original lease value proposed during sponsorship discussions, down to 17.5% on all or any individual item. CONCLUSION Based on the analysis of the bids received, the Administration recommends that the City award a contract to ShowTurf, LLC., pursuant to ITB 38-10-1 1 For Lease of Golf Course Turf Maintenance Equipment For the Miami Beach Golf Club. T:\AGENDA\2011\9-14-1 l\ITB-38-10-11 Lease of Golf Course Turf MEMO.doc MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manag FROM: Jonah Wolfson, Commissione DATE: August 23", 201 1 SUBJECT: Agenda Item Please place on the September 14'" 201 1, Commission Meeting Agenda a referral to the Land Use and Development Committee for the discussion of controlled, limited, and attentive off-leash hours at Pine Tree Park. If you have any questions, please contact Leonor Hernandez at extension 6437. We are comm~fted to provld~ng excellent publ~c servlce and safefy to all who hve, work, and play m i Agendaltem Cyh Date T-/&// THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jorge M. Gonzalez, City Manager MEMORANDUM Jonah Wolfson, Commissioner T/1W IP' August 25'" 201 1 SUBJECT: Discussion Item for September 14th, 201 1 Commission Meeting Please place on the September 14'" 201 1, Commission meeting agenda a referral to the Finance Committee to discuss the franchising of valet parking operations in the City of Miami Beach and direction to staff to cease discussions at other levels, committees, or pilot programs until such time as the Finance Committee discusses the matter and refers it back to The Commission and The Commission makes a recommendation. If you have any questions, please do not hesitate to contact Leonor Hernandez at extension 6437. We are committed to prowd~ng excellent publ~c service and safety fo all who Ilve, work, and play m ol Agenda Item c YB I Date 9-/+// THIS PAGE INTENTIONALLY LEFT BLANK " MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: Jorge M. Gonzalez, City Mana FROM: Jonah Wolfson, Commissione DATE: August 4th, 201 1 SUBJECT: Agenda Referral ltem MEMORANDUM Please place on the September 14'~, 201 1, Commission Meeting Agenda a referral to Land Use and Development Committee 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. J Wll h Agenda ltem C '/c We ore commi/fed to providing eecel~en~ public service ond safely to 011 who lie wok, and ploy in 4 Date ?-/q-// THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager September 14,201 1 Referral to the Land Use Committee - Discussion Regarding a resolution approving an amendment to the Concept Plan for the property owned by 730 1'' Street Associates, LLC in Block 52 in South Pointe. INTRODUCTION At the June 28, 201 1 meeting of the Planning Board, 730 1'' St Associates, LLC requested Conditional Use approval to construct a new 7-story mixed use building, with commercial space on the ground level, robotic parking on 3 levels above ground, with a proposed %level single family residential unit above parking. The project as proposed is greater than 50,000 square feet. The subject site consists of approximately 24,000 square feet of land, which includes a vacant parcel (Lots 8, 9, 10 and 11) and an existing warehouse building on Lots 4, 5, 6, and a portion of Lot 7, which is currently housing a restaurant that is being renovated. The vacant parcel (Lots 8, 9, 10 and 11) is part of the "Concept Plan" included in the Alaska Parcel Settlement Agreement previously approved by the City Commission. The proposed project seems to be in conflict with the Concept Plan for those parcels, which specifies "I-story residential (pool deck above), 6-story residential tower (parking below)" and "pool deck (parking below" on the pedestal. As part of the Planning Board action at its June 28, 201 1 meeting, a Conditional Use Permit was issued with conditions, one of which is that the project shall be contingent upon meeting the requirements of the "Concept Plan." RECOMMENDATION Review the proposed project and recommend to the City Commission amending the "Conce~t Plan." t:\agenda\2011\9-14-1 l\referral to ludc- alaska concept plan.docx Agenda Item C l/n Date 9°1v- I/ PLANNING BOARD CITY OF MIAMI BEACH, FLORIDA PROPERTY: FILE NO. IN RE: LEGAL DESCRIPTION: MEETING DATE: 730-804 1st Street. The Application of 730 1'' St Associates, LLC requesting Conditional Use approval to construct a new 7-story mixed use building, with commercial space on the ground level, robotic parking on 3 levels above ground, with a proposed 3-level single family residential unit above parking. The project as proposed is greater than 50,000 square feet. Lots 4,5, and 6 and the east 22 feet of Lot 7 Block 52 "Ocean Beach Florida Addition No. 3, according to the Plat thereof as recorded in Plat Book2, page 81 of the Public Records of Miami-Dade County, Florida; and the west 8 feet of Lot 7 and all of Lots 8,9,10 and I I, Block 52, "Ocean Beach, Florida according to the Plat thereof as recorded in Plat Book 2, Page 81 of the Public Records of Miami-Dade County, Florida. June 28,201 1 CONDITIONAL USE PERMIT The applicant, 730 is' St Associates, LLC is requesting a Conditional Use Permit pursuant Chapter 11 8, Article IV, "Conditional Use Procedure," of the Land Development Regulations of the Code of the City of Miami Beach, Florida. Notice of the request for a Conditional Use Permit was given as required by law and mailed out to owners of property within a distance of 375 feet of the exterior limits of the property, upon which the application was made. The Planning Board of the City of Miami Beach 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 of the record for this matter: That the property in question is located in the CPS-I, Commercial Limited Mixed Use (R- PS2 for residential use) zoning district; That the Use is consistent with the Comprehensive Plan for the area in which the property is located; That 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; That structures and Uses associated with the request are consistent with the Ordinance; That the public health, safety, morals, and general welfare will not be adversely affected; That necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. IT IS THEREFORE 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 is adopted herein, including the staff recommendation, that a Conditional Use Permit as requested and set forth above be GRANTED, subject to the conditions below, which have been accepted by the applicants: The Planning Board shall maintain jurisdiction of this Conditional Use Permit. The Board reserves the right to modify the Conditional Use approval at the time of a progress report in a non-substantive manner, to impose additional conditions to address possible problems and to determine the timing and need for future progress reports. This Conditional Use is also subject to modification or revocation under City Code Sec. 118-194 (c). This Conditional Use Permit is issued to 730 lst St Associates, LLC as owner of the property. Subsequent owners and operators shall be required to appear before the Board to affirm their understanding of the conditions listed herein. The Conditional Use Permit approved for this project shall be contingent upon meeting the requirements of the "Concept Plan," as determined by the Planning Director and City Attorney's Office, which "Concept Plan" is included as part of the Alaska Parcel Settlement Agreement previously approved by the City Commission. Substantial modifications to the plans submitted and approved as part of the application, as determined by the Planning Director or designee, may require the applicant to return to the Board for approval. All necessary variances for the entire project shall be applied for and obtained prior to applying for a Building Permit. The floor plan for the new construction shall be revised to identify the space where the only restaurant on the site will be located. The proposed use for the second commercial space proposed on the site shall be identified on the plan as well. ' An operation plan for the restaurants and commercial uses shall be submitted to Planning Department staff for review and approval prior to the issuance of a Certificate of Occupancy, Certificate of Completion or Business Tax Receipt, whichever occurs first. A security plan for the property and operation of the robotic system parking facility shall be submitted to Planning Department staff for review and approval prior to the issuance of a Certificate of Occupancy, Certificate of Completion or Business Tax Receipt, whichever occurs first. The conditions of approval for this Conditional Use Permit are binding on the applicant, the property owners, operators, and all successors in interest and assigns. Parking operation shall be by valet attendants only, except for owner's vehicles. A valet station for vehicle pickup and drop off shall be within the structure as depicted on the site plan dated 4-25-201 1 from Jonathan Cardello of ADD, Inc. Arriving vehicles shall enter the on-site driveway and exiting vehicles shall be through the alley. A mirror shall be installed at the exit in order to monitor oncoming traffic. A contract with a valet operator shall be submitted to staff for review and approval prior to a final Certificate of Occupancy or Business Tax Receipt, whichever occurs first. Storage of vehicles by valet operators for off-site facilities shall not be permitted. The off-street parking requirements for the accessory commercial space shall be satisfied within the garage. Required parking for off-site venues shall not be satisfied at this garage. The outdoor areas shown on the upper levels of the structure, forming part of the single family residence shall not be permitted to be used for commercial activity. A covenant running with the land restricting the use of the single family residence to such use shall be executed by the owner of the property, approved as to form and content by the city attorney and the planning director, recorded in the public records of Miami-Dade County and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. The covenant for the single family use shall also include a stipulation that any required parking valet spaces for the residence that a valet service or operator must be provided for such parking for so long as the use continues. Should a change of use be applied for at a later date, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable development regulations of the City Code. "Entertainment," as defined in the City Code shall be prohibited within the site, inclusive of the accessory use restaurant, rooftop and any outdoor area. The robotic parking system and vehicle elevators must be inspected and serviced at least once per year with an annual safety report signed by a Licensed Mechanical Engineer submitted to the Planning Department. There shall be security personnel of at least one person monitoring the garage operation during hours of operation seven days a week. The structure, operation, procedures, maintenance, service response procedures, remote technical service team, local, on-site service team, and spare parts inventory shall be in accordance with the requirements of the manufacturer, Boomerang Automated Parking Systems. The facility shall ensure that noise or vibration from the operation of the robotic parking system and car elevators shall not be plainly audible or felt by any individual standing outside. Noise and vibration barriers shall be incorporated into the final design to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage. The robotic parking system shall use sound deadening material between all connections from the robotic parking system to the building in order to eliminate all sound transference and vibration in the system and the building as well. When construction has been completed, but before the commencement of the garage operations authorized by this Conditional Use Permit and before the issuance of a Business Tax Receipt, the garage operations shall be fully tested under the supervision of one of the noise consultants currently approved by the City to ensure that all aspects of the garage operation fully comply with applicable codes and this approval with respect to noise. The garage shall not begin operating until staff has received and approved in writing a final written report the noise consultant stating that as tested, all aspects sf the garage operation fully comply with the Parking Garage Noise Impact study as amended. Thereafter, all aspects of the garage operation shall fully and continuously comply with the parameters of said testing. The facility must maintain adequate backup generators sufficient to power the car elevators. The generator shall be maintained in proper operating condition. The location of the generators shall be submitted for the review and approval by staff to ensure that any negative impacts associated with the operation or testing of the equipment are minimized. The generators shall be installed in accordance with Code requirements regarding minimum floodplain criteria. Deliveries and garbage pickup shall be conducted from the alley and directly within the structure and not on the street. Trashlgarbage containers shall have rubber wheels; deliveries and pickups shall be handled and managed by a dock master supervisor who shall be responsible for controlling traffic when these activities are scheduled in order to minimize the disruption of traffic on the alleyway and the surrounding neighborhood. A high- level trashlgarbage compacting device shall be located in an air-conditioned trashlgarbage holding room within the facility; time of service for trash pick up and deliveries of merchandise shall be restricted to not before 8 a.m. and not after 6 p.m., to avoid creating a nuisance. The applicant shall submit an MOT (Method of Transportation) to Public Works Department staff for review and approval prior to the issuance of a building permit. The MOT shall address any traffic flow disruption due to construction activity on the site. A landscape plan for the entire site, prepared by a Professional Landscape 'Architect, inclusive of street trees as per the City of Miami Beach Master Street Tree Plan, shall be submitted to and approved by staff before a building permit is issued for construction. Prior to the issuance of a building permit, the applicant shall participate in a Transportation Concurrency Management Area Plan (TCMA Plan), by paying its fair share cost, as may be determined by the Concurrency Management Division. The required fees in lieu of providing the required parking shall be paid at the time of application for a building permit. The applicant shall obtain a full building permit within 18 months from the date of the meeting, and the work shall proceed in accordance with the Florida Building Code. Extensions of time for good cause, not to exceed a total of one year for all extensions, may be granted by the Planning Board. The applicant shall resolve outstanding violations and fines, if any, prior to the issuance of a building permit for the structure. The Planning Board shall retain the right to call the owner or operator back before them and modify the hours of operation or the occupant load of the accessory restaurant should there be valid complaints about loud, excessive, unnecessary, or unusual late night noise. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach, Florida (alkla "noise ordinanceJ'), as may be amended from time to time, shall be deemed a violation of this Conditional Use Permit and subject to the remedies as described in section 11 8-1 94, Code of the City of Miami Beach, Florida. This 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, andlor it is appropriate to modify the remaining conditions or impose new conditions. Within a reasonable time after receipt of this Conditional Use Permit, as signed and issued by the Planning Director, the applicant shall record it in the Public Records of Miami-Dade County at the expense of the applicant. No building permit, certificate of use, certificate of occupancy, certificate of completion or business tax receipt shall be issued until this requirement has been satisfied. The establishment and operation of this Conditional Use shall comply with all the aforementioned conditions of approval; non-compliance shall constitute a violation of the Code of the City of Miami Beach, Florida, and shall be subject to enforcement procedures set forth in Section 114-8 of said Code and such enforcement procedures as are otherwise available. Any failure by the applicant to comply with the conditions of this Order shall also constitute a basis for consideration by the Planning Board for a revocation of this Conditional Use. 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. Dated this dayof +9-z/97L ,2011 G BOARD OF THE BEACH, FLORIDA BY: Richard For Chairman STATE OF FLORIDA 1 COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ,y&of @"9da~ 20 11 , by Richard G. Lorber, Acting Planning Director of the City of Miami Beach, Florida, a Florida' Municipal Corporation, on behalf of the corporation. Notary: utCOM~9HX(#D~~~~~ Print Name/- R4.S 4 )(/I 4 & A [NOTARIAL SEAL] Noialy Public, State of Florida My Commission Expir s: /a - -- /'3 Commission Number:\ pa p/ #S/ Approved As To Form: Legal Department RESOLUTION NO. 2004-25651 A RESOLWTIQN OF TEE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A CONCEPT PLAN FOR THE PARCELS KNOWN AS ALASKA PARCEL, GOODMAN TERRACE, THE RINSON PARCEL, BLOCKS 51 AND 52 AND BLOCK 1; AND PROVIDXNG AN EFFECTIVE DATE. WHEREAS, East Coastline Development, Ltd. ("East Coastline"), West Side Partners, Ltd. ("West Side"), among others, have initiated litigation against the City of Miami Beach (the "City") and the Department of Community Affairs, in various actions respectively claiming damages and rights under the Bert J. Harris Private Property Rights Protection Act, other civil rights violations and other relief in Circuit Court Case No. 98-13274 CA 01(30), and United States District Court Case No. 01-4921-CIV-Moreno, and Florida Division of Administrative Hearings Case No. 02-3283GM; and WEEREAS, the Mayor and City Commission have heretofore approved a Settlement Agreement, in concept, by and between the City and East Coastline, West Side, and related parties, with respect to the above litigation, pursuant to Resolution No.2004-25509, adopted on February 25,2004; and WHEREAS, the Mayor and City Commission approved a formal Settlement Agreement to like effect, pursuant to Resolution No. 2008-25650 , adopted on July 28, 2004 , 2004; and WHEREAS, Section 5 of the Settlement Agreement provides, among other things, for consideration of a Concept Plan for the properties lcnown as the Alaska Parcel, the Goodman Terrace and Hinson Parcels, Blocks 51 and 52 and Block 1 (the "Affected Propaties"), attached hereto as Exhibit "A" (the "Concept Plan") to be considered by the Mayor and City Commission, and approved pursuant to the Settlement Agreement; and WHl$REAS, the Concept Plan has undergone citizen review and numerous public meetings ad workshops through an ad hoc committee of concerned citizens and has also been reviewed by the City staff, the Planning Board and the Design Review Board, all of whom haire recommended appxvval thereof. NOW, THEREIFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMI[SSION OF THE CITY OF MIAMI BEACH, FLORIDA: That the City Commission hereby approves the Concept Plan, in substantially the form attached hereto as Exhibit "Ayy. .e Concept Plan shall be used as a guide in implementing the Settlement Agreement, except that all design approvals shall be in conformity with the Concept Plan on the Affected Properties. ImpIementation of the development shown on the Concept Plan shall be pursuant to the terms of the Settlement Agreement. In the event of any conflict between the Concept Plan ami the Land Development Regulations of the City, the provisions of the Land Development Regulations shall govaa This Resol become effective immediately upon adoption. PASSED id ADOPTED this 2lMay of ATTEST: APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION T:\AGENDA\2004Uu12804\Regula~Wortofino Concept plan adoption reso.DOC Agenda It & 'R7A location lslan 1 :80' DESIGN REVIEW BOARD SUBMISSION CITY OF MIAMI BEACH ROBOTIC PARKING STRUCTURE AND RESIDENCE AT 738-804 FIRSTSTREET 730-804 FIRST STREET MIAMI BEACH, FL 331 39 Submitted to: City of Miami Beach Architect: ADD lnc Landscape Architect Savino Miller Design Owner: 730 1 St. Associates. LLC 20 July 201 1 ALLEY FIRST STREET "'I /CI I ..... <..A7 . <<.>..:. ,...>. p..:. <A= ,>..>. '.Y..... ,..i(.y, @% ..... ..... ,,... . . . ,... +:.:. ~.:<<.:.: .>....... <.x.:.:. I......? THIS PAGE INTENTIONALLY LEFT BLANK 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: September 14, 201 1 ~ SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE A DISCUSSION PERTAINING TO THE CATERING AND CONCESSIONS SERVICES AGREEMENT FOR THE MIAMI BEACH CONVENTION CENTER. ADMINISTRATION RECOMMENDATION Refer the matter to the Finance and Citywide Projects Committee for discussion. ANALYSIS On April 11, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 22-05/06, to Provide Professional Food and Beverage Facilities Management Services for the Miami Beach Convention Center; with an option to manage food and beverage services at other city cultural facilities to include: I) the Jackie Gleason Theater of the Performing Arts; 2) the Colony Theater; and 3) the Byron Carlyle Theater. This RFP was issued in advance of Centerplate's expiring contract on February 28, 2007. Centerplate, doing business originally as Volume Services America, Inc., held the exclusive food and beverage services contract at the Miami Beach Convention Center since December 17, 1986. The original contract had an initial term of fifteen years, and the City Commission exercised a five (5) year renewal term on May 16, 2001 via Resolution No. 2001-24393. During the initial 20 years of the agreement, the Convention Center's food and beverage concessionaire was restricted from hosting local catering events such as banquets, weddings, and galas, when those events did not book an exhibit hall and were not conventions, trade, public or consumer shows. Prior to the issuance of the RFP, the social catering restriction was reviewed by several City committees and organizations and a recommendation was made to remove the prohibiton. The City Commission subsequently endorsed the removal of the social catering prohibition; the ensuing RFP allowed for the successful proposer to host local catering events at the Miami Beach Convention Center, and specific attention was given to this area. The RFP Evaluation Committee and the City Administration recommended Centerplate as the top-ranked firm. This recommendation was made in large part due to Centerplate's proposed partnership with Barton G. At the time, Centerplate had formed an exclusive relationship with Barton G., a Miami-based event planning and production company with a strong base of social, corporate and philanthropic clients. On September 6, 2006, the City Commission adopted Resolution No. 2006-26316 authorizing the Mayor and Clerk to execute an agreement upon completion of successful negotiations by the Adminsitration. As stated previously, Centerplate's Agreement expired on February 28, 2007. The City and I Agenda Item C i Date 9-I!&// FCWPC Referral - Convention Center Catering and Concessions Services Agreement Commission Memorandum July 13,2011 Page 2 of 3 Centerplate didn't conclude negotiations until December 13, 2007, which is when the final agreement was executed. Much of the delay in agreeing to terms centered around the partnership with Barton G and operational issues involved with booking social catering business. The terms of the Agreement were retroactive to March 1, 2007 and expires on September 30, 2012. The Agreement also includes two (2) successive, five (5) year renewal options at the City's discretion. The Agreement includes the following: Guaranteed Minimum Annual Rent of $1,250,000, representing 25.5% of gross revenue up to $4 million. Above $4 million, the commission increases in tiers up to 33%. Capital Investment: Centerplate invested $800,000 towards food and beverage capital projects to enhance the foodservice facilities at the Miami Beach Convention Center. Centerplate also allocates 1.5% of Gross Receipts towards a Capital Reserve Fund. Marketing Reserve Fund: Centerplate allocates the greater of an annual contribution of $20,000 or 1.5% of Catering Gross Receipts to a Marketing Reserve Fund to promote the food and beverage offerings (catering, concessions, etc.). In addition, Centerplate also pre-funded $50,000 towards the Marketing Reserve Fund. Scholarship Fund: Centerplate contributes $20,000 annually toward the City's tourism and hospitality scholarship program. Some early social catering business was booked at the Convention Center in partnership with Barton G. However, due to issues with the relationship between Centerplate and Barton GI on May 15, 2008, the City was officially notified the partnership would not continue. Section 10.17 of the Agreement between the City and Centerplate stipulates that any replacement for Barton G is subject to the prior written approval of the City Manager. Centerplate immediately began searching for a new social catering partner and on August 28, 2008 Centerplate proposed Touch Catering. After reviewing the material and Touch Catering's history and track record, the City approved the replacement of Barton G with Touch Catering on December 19, 2008. Centerplate hired a dedicated social catering salesperson to focus on booking more of this business. They have been successful in booking numerous social catering events at the Convention Center and continue to focus heavily in this area. Centerplate, in partnership with Touch Catering, also completed a new Kosher kitchen and has booked several Kosher events. Although Centerplate's client survey scores continue to be among the lowest scores given by Convention Center users (meeting planners, etc.), specifically in food quality and food presentation of the concession operation, they have improved their scores in each of the past three (3) years (see attached). Centerplate informed the City on March 4, 201 1, that they had replaced their General Manager with an Interim General Manager, Nick Tierno. Mr. Tierno has since revised Exhibitor Booth Catering Menus, adjusted pricing and made operational changes. Convention Center Advisory Board As previously stated, Centerplate's agreement with the City expires on September 30, 2012. As such, the Convention Center Advisory Board (CCAB), at their June 7, 201 1 meeting, discussed FCWPC Referral - Convention Center Catering and Concessions Services Agreement Commission Memorandum July 13,2011 Page 3 of 3 whether or not the City should exercise the five (5) year renewal option available in the Agreement or issue a new Request for Proposals (RFP). The CCAB reviewed Centerplate's history and unanimously recommended that the City issue a new RFP for catering and concession services at the Convention Center. This recommendation was based largely on Centerplate's client survey scores and their history of being the lowest-rated area of the Convention Center's operations. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance nd Citywide Projects Committee for discussion. JMGI @ FIMAS T:\AGENDA\2011\7-13-1 l\Referral to FCWPC Convention Center Catering Agreementdoc ZLG Miami Beach Convention Center Client Response Results October 2008 - September 2009 Poor Pctg Positive Megative Excellent Smart Source Knowledgeable 18 Responsiveness to your needs 17 Professionalism 16 Readily Accessible 16 Clarity of Information 16 Accuracy ~f Setups '16 Timeliness of Setups I6 Courtesy of AV floor Operations Staff 17 Smart Source Subtotals 132 Good Pctg Fair Pctg Centerplate Knowledgeable Responsiveness to your needs Professionalism Readily Accessible Clarity of Informatian Courtesy of Catering Staff Food Qua@ Faod Prasen&Yan Menu SelectioWaWkFlex1bIIi& Accurao~r 96 $&irps _ Timeliness &.Setups Coultasy of Concessions $iff Food Quality Food Pmsentation Menu Seiection Cleanliness and 6q.tup of"Outlets Proudiy Managed By: Mistmi Beach Convention Center Client Response Wesuns October 2009 - September 209 0 Poor Positive Negative Excellent Pctg Pctg Fair hdio Visual Knowledgeable Responsiveness to your needs Professionalism Readily Accessible Clarity of lnformation Accuracy of Setups Timeliness of Setups Couriesy of AVfloor Operations Staff Audio Visual Subtatals Centerplate Knowledgeable Reap~nsiveness to your needs Professionalism Readily Accesslbte Clarity of Information Courtesy of Catering Staff Food Quality Food Prmentat'in Menu SeleciionNarie~IFlexibility Accuracy of Setups Timeliness of Setups Courtesy of Concessions Staff Faod Quality Food Presenlation Menu Seleckion Cleanliness and Setup of Outlets Centerplate Subtotals Other Services Vatet. Parking Busifless Center Convention Concierge Miami Beach Fire Marshall Other Services Subtotal Surveys Sent Surveys Received Percent Received Proudly ktmaged By. .bg* Miami Beach Convention Center Client Response Results October 20"5 - June 201 1 Excellent Poor Positive Negative Good Pctg Fair Sates Knowledgeable Responsiveness to your needs Professionalism Readily Accessible Clarity of lnformation Sales Subrofai Event Manager Knowledgeable Responsiveness to your needs Professionalism Readily Accessible "Pre-Event *On-Site Clarity of lnformation Event Manager Subtotal Building Operations CouResy of Building Staff Cleanliness Accura-acy of Setups Timeliness of Setups Building Signage Builciing Operations Subtotal GIobai Spectrum Subtotal Smart City Knowledgeable Responsiveness to your needs Professionalism Readily Accessible Ctariy of Inhrmatron Acurray of Setups Timeliness of Setups Priority Networks Subtotal Miami Beach Conven8on Center Client Response Results October 201 0 - June 201 1 Exceilent Audio Wsual KnWdgeable 17 Responsiveness to your needs 16 Professionalism 16 Readily Accessible 14 Clarity of Information 14 Accuracy of Setups 16 Timeliness of Setups 17 Courtesy of AV .floor Operations Staff 15 Audio Visual SutrfcVeals 4 25 Poor Positive Negative PC$ Good Pctg Fair PC& Centecplate Knowledgable Responsiveness to your needs Prafessionalism Readily Accessible Clarity of Information Courtesy of Catering Staff Food Quality Food Presentation Menu SelefionMarietylFlexibility Accuracy of Setups Timeliness of Setups Courtesy of Cancessions Staff Food Quality Food Presentation Menu Selection Cleanliness and Setup of Outlets Centerplate Subtotals Other Sewices Valet Parking Business Center Convention Cancierge Miami Beach Fire Marshall Other Sewices Subtotal Building Subtotst1 MIAMIBEACH ccnvention - center Surveys Sent Surveys Received Percent Received MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Man September 14,201 1 Referral to the Planning Bo k' rd - An Ordinance modifying the height limitations in the RPS-4 Zoning District. INTRODUCTION At the July 20, 2011 meeting, the Land Use and Development Committee discussed and referred to the Planning Board, with a favorable recommendation, a proposed Ordinance amendment pertaining to allowable height limitations in the RPS-4 Zoning District. The Land Use Committee discussed a draft ordinance proposed by area residents, as well as a slightly different version drafted by Planning Department Staff. The proposed ordinance would increase the maximum allowable height for apartment buildings in the RPS-4 district from 75' to 100'. As part of the discussion and recommendation, the members of the Land Use Committee recommended that the following areas also be addressed as part of a revised Ordinance: The issue of 'Short Term Rentals'; rentals would be no less than 3 months, no more than 6 months and not exceed 3 times per calendar year. The maximum number of units would 55. The proper accommodation of all required parking spaces on site (no impact fees). Changes to the Ordinance to address any issues with 'Spot Zoning'. RECOMMENDATION Refer the proposed Ordinance to the Planning Board for its review and recommendation, as amended by the Land Use and Development Committee. a Agenda Item L 4p Date 9-/v-// RPS4 Heights 201 1 - Planning Department Option 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 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT", SECTION 142-696 "RESIDENTIAL PERFORMANCE STANDARD AREA REQUIREMENTS" TO MODIFY THE MAXIMUM HEIGHT REQUIREMENTS FOR RESIDENTIAL APARTMENT STRUCTURES; BY AMENDING SECTION 142-697 "SETBACK REQUIREMENTS IN THE R-PSI, 2, 3, 4 DISTRICTS", TO MODIFY THE SETBACK REQUIREMENTS FOR OCEANFRONT BUILDINGS; 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 encouraging and incentivizing residential apartment development in the South Pointe area; and, WHEREAS, the City of Miami Beach has adopted regulations pertaining to the height and setbacks of structures in the RPS-4 district; and, WHEREAS, the City of Miami Beach desires to modify the maximum building height and setback requirements for new residential apartment structures in the RPS-4 district; 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 MlAMl BEACH, FLORIDA. SECTION 1. That Chapter 142, Entitled "Zoning Districts and Regulations", Article II, Entitled "District Regulations ", Division 18, Entitled "PS Performance Standards District" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-696. - Residential performance standard area requirements. The residential performance standard area requirements are as follows: , See section 142- abilitated buildings Minimum floor area per hotel unit /signs i~ursuant to chapter 138. I * Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean Beach historic district, as defined in subsection 118-593(e)(1 I), the maximum building height for a lot located in the R-PSI, R-PS2, or R-PS3 zoning districts (i) With a lot exceeding 50 feet, and (ii) Upon which there exists a contributing structure which has not received a certificate of appropriateness for demolition (or any such approval has expired), shall be 35 feet. 1. Notwithstanding the above height restrictions, existing structures within a local historic district are subject to section 142-1 161. 2. In the R-PS4 zoning district, within the Ocean Beach Historic District, when an existing contributing structure is nonconforming with respect to the height regulations in section 142-696, such structure may be repaired, renovated or rehabilitated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter 118, article IX, "Nonconformances." 3. Lots at a width of 50 feet or less aggregated with adjacent parcels after November 3, 2002, shall have a maximum height of 35 feet and shall not be allowed the increased height for parcels wider than 50 feet. 4. Notwithstanding the above height restrictions, in the R-PS4 zoning district, within the Ocean Beach Historic District, the maximum height shall be 35 feet for the first 60 feet of lot depth, 75 feet thereafter, subiect to the line-of-sight analysis of section 142-697(d). For residential apartment buildings, the historic preservation board mav allow an increase in the overall height, not to exceed 6 stories, 60 feet for the first 60 feet of lot depth and 11 stories, 100 feet thereafter, provided all of the following conditions are satisfied: a. Anv structures immediatelv abutting the propertv are 5 stories in height or greater; b. The propertv shall be an oceanfront lot that is 100 feet or more in width; c. The propertv shall not contain a contributing building; d. The sixth level of the front portion of the new construction shall meet a line-of-sight, which for the purpose of this section, is defined as not being visible when viewed at eve-level (5'6" from grade) from the opposite side of the Ocean Drive right-of-way; e. The ~roposed building shall be sited and massed in a manner that promotes and protects view corridors. At a minimum, a substantial separation of the tower portion of anv structure shall be required; f. The front portion of the structure shall incorporate a separation in the center of the structure, which is open to skv, and is at least 10 feet in width and 25 feet in depth; the exact location of such separation shall be subiect to the historic preservation board. Alternativelv, the massing and architectural design of the front portion of the structure shall acknowledge the historic pattern of residential structures along Ocean Drive; g. The proposed building shall not contain accessory uses permitted under section 142-902(2)e. h. A restrictive covenant, running with the land, or other similar instrument enforceable against the owner(s), acceptable to and approved as to form bv the citv attornev, shall be executed and recorded prior to the issuance of a building permit, to ensure that the building remains as a residential apartment building for a minimum of 30 vears, and that no uses under section 142- 902(2)e are permitted on the premises during that time period. Sec. 142-697. - Setback requirements in the R-PSI, 2, 3, 4 districts. (a) The setback requirements in the R-PSI, 2, 3, 4 districts are as follows: (b) All required setbacks shall be considered as minimum requirements except for the pedestal front yard setback and pedestal side yard facing a street setback which shall be considered as both a minimum and maximum requirements. (c) For lots greater than 100 feet in width the front setback shall be extended to include at least one open court with a minimum area of three square feet for every linear foot of lot frontage. (d) In the R-PS4 zoning district, within the Ocean Beach Historic District, the tower portion of ground-floor additions to contributing buildings- shall meet a line-of-sight, which for the purpose of this section is defined as not visible when viewed at eye-level (5'6" from grade) from the opposite side of the adjacent right-of-way. (e) In the R-PS4 zoning district within the Ocean Beach Historic District, when an existing contributing structure has a minimum 5-foot sideyard setback, the setback of new construction in connection with the existing building may be allowed to follow the existing building line. The maintenance of the existing setback shall apply to the linear extension of the existing building. 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 ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney First Reading: October ,201 1 Second Reading: December, 201 1 Verified by: Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 08/30/2011 F:\PLAN\$ALL\LandUseCommittee\2011 LUDC\Jul201 I\RPS-4 Heights 201 1 - 0RD.docx Date THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Mana er September 14, 201 1 n u U Referral to the Planning Board - An ordinance clarifying the categories of members to be appointed to the City's land use boards. INTRODUCTION At the July 20, 201 1 meeting, the Land Use and Development Committee discussed the issue related to the membership requirements of the Planning Board, Design Review Board, Historic Preservation Board and the Board of Adjustment. At this time, the committee gave the Administration direction on several refinements to the ordinance, specifically, to explore more flexibility on the licensing requirements for some of the categories. The proposed ordinance introduces a secondary category for attorneys that are licensed in other states. This would still keep in place the requirement that any Board that has an attorney be licensed in the State of Florida, but creates a second attorney position with broader licensing requirements. Commissioner Gongora expressed the desire to open up the categories to provide more flexibility, broadening the architect position to permit licensure in any state. RECOMMENDATION Refer the proposed ordinance to the Planning Board for its review and recommendation as amended by the Committee. t:\agendaUOl1\9-14-1 l\referral to pb - clarify LUB categories.doc Agenda Item C YG Date // "BOARD MEMBER QUALIFICATIONS AND CATEGORIES" ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 11 8, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS," DIVISION 2, "PLANNING BOARD," SECTION 11853, "COMPOSITION;" DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-72, "MEMBERSHIP;" DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION 11 8-1 03, "MEMBERSHIP;" AND 11 8-104, "APPOINTMENT;' DIVISION 5, "BOARD OF ADJUSTMENT," SECTION I 18-31, "MEMBERSHIP," TO CLARIFY THE QUALIFICATIONS AND CATEGORIES OF MEMBERS TO BE APPOINTED TO THE CITY'S LAND USE BOARDS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations of the City Code provide for the appointment by the City Commission of members of the four land use boards namely, the Planning Board, the Design Review Board, the Historic Preservation Board, and the Board of Adjustment; and WHEREAS, certain questions have arisen as to the qualifications and categories of membership of persons appointed to these boards; and WHEREAS, it is desirable to resolve these questions to provide certainty to the appointment process and to instill confidence by the public in these boards; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. Chapter 118, "Administration and Review Procedures," Division 2, "Planning Board," Section 1 18-53, "Composition," is hereby amended as follows: Sec. 11 8-53. Composition. (a) The planning board shall be composed of seven regular voting members. Each regular member shall be appointed with the concurrence of at least four members of the city commission. Each regular voting member shall serve for a term of two years. The planning director or designee, and city attorney or designee, shall serve in an advisory capacity. (b) All regular voting members of the board shall have considerable experience in general business, land development, land development practices or land use issues; however, the board shall at a minimum be comprised of one architect registered in the state of Florida; or a member of the faculty #wtMy of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture,; or a professional practicing in the fields of architectural or urban design# or urban plann-h,; ii. one developer who has experience in developing real propertv; ad or an attornev in good standing licensed to practice law within the United States. iii. one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning issues,; ad iv. one person who has education andlor experience in historic preservation issues. For purposes of this section, the term "education andlor experience in historic preservation issues" shall be a person who meets one or more of the following criteria: (1) Has earned a college degree in historic preservation; (2) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or (3) Is recognized by the city commission for contributions to historic preservation, education or planning. three persons who are citizens at large or engaged in general business in the citv (c) No person except a resident of the city, who has resided in the city for at least one year, shall be eligible for appointment to the planning board. (d) The city commission may waive the residency requirements by a 51th~ vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training andlor experience. Section 2. Chapter 118, "Administration and Review Procedures," Division 3, "Design Review Board," Section 11 8-72, "Membership," is hereby amended as follows: Sec. 11 8-72. Membership. (a) Composition. The design review board shall be composed of seven regular members. The seven regular members shall consist of i. ii. iii. iv. two wptwed architects registered in the sWe-efl4efick United States; , ay! wptwed architect registered in the &#e-e# FkxW United States; or a member of the faculty of a school of architecture, urban planning or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture,; or a professional practicing in the fields of architectural design- or pm&mmaI urban plannwh,; one wptwed landscape architect registered in the state of Florida,; one wptwed architect registered in the &a&+# l4efick United States, or a professional practicing in the fields of architectural or urban design# or pf&samd urban plannefm or an attornev in good standing licensed to practice law within the United States and two citizens at large. One person appointed by the city manager from an eligibility list provided by the mayor's barrier free environment committee shall serve in an advisory capacity with no voting authority. The planning director, or designee and the city attorney or designee shall serve in an advisory capacity. (b) Appointment. Design review board members shall be appointed with the concurrence of at least four members of the city commission. An eligibility list for these professional membership categories may include, but shall not be limited to, suggestions from the following professional and civic associations as listed below: (1) American Institute of Architects, local chapter. (2) American Society of Landscape Architects, local chapter. (3) The Miami Design Alliance. (4) American Planning Association, local chapter. (5) The Miami Design Preservation League and Dade Heritage Trust. (6) Other city civic, neighborhood and property owner associations. (c) Residency and place of business. All regular members shall reside in or have their primary place of business in the county. The two citizens-at-large members and one of the registered landscape architects, registered architects, or professional^ practicing in the fields of architectural or urban design= or pfebwxd urban plannmb shall be residents of the city. Section 3. Chapter 11 8, "Administration and Review Procedures,'' Division 4, "Historic Preservation Board," Section 118-1 03, "Membership," is hereby amended as follows: Sec. 11 8-1 03. Membership. (a) The historic preservation board shall be composed of seven members. There shall be a member from each of the following categories: A representative from the Miami Design Preservation League (MDPL), selected from three names nominated by such organization. A representative from Dade Heritage Trust (DHT), selected from three names nominated by such organization. Two at-large members who have resided in one of the City's historic districts for at least one year, and who have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures. Art wgtsbmd architect registered in the §tab-& Nwkk United States, 2 iqptewd landscape architect registered in the state of Florida, 2 professional practicing in the field of architectural or urban designw or gweksw& urban plannwh each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the state of Florida, or a2 ksieed engineer licensed in the state of Florida, each of the foreaoing with +vk&es professional experience and demonstrated interest in historic preservation. A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. (b) All members of the board except the architect, engineer, landscape architect, professional practicinn in the field of architectural or urban design# or fxeb~~4 urban plannw-ins and university faculty member of the board shall be residents of, the city; provided, however, that the city commission may waive this requirement by a 5nths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training andlor experience in historic preservation matters. All appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation. Sec. 1 18-1 04. Appointment. (a) Historic preservation board members shall be appointed with the concurrence of at least four members of the city commission. An eligibility list solicited from, but not limited to, the organizations listed in this section may be considered by the city commission in selecting board members: (1) American Institute of Architects, local chapter. (2) Miami Design Preservation League. (3) Miami Beach Chamber of Commerce. (4) Miami Beach Development Corporation. (5) Dade Heritage Trust (6) Florida Engineer Society, local chapter. (7) Any other organization deemed appropriate by the city commission. (b) Except as provided in section 1 18-1 05, every member appointed shall serve a term of two years. Section 4. Chapter 118, "Administration and Review Procedures," Division 5, "Board of Adjustment," Section 11 8-131, "Membership," is hereby amended as follows: Sec. 118-131. Membership. The board of adjustment shall be composed of seven voting members. Two members shall be appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, architecture, engineering, real estate development, certified public accounting, financial consultation and general business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community The member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analvst. Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchanne Commission, or someone recognized as having similar credentials by five- sevenths vote of the Citv Commission. Members shall be appointed for a term of two years by a five-sevenths vote of the city commission. Members of the board must be either residents of or have their principal place of business in the city. Section 5. 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 6. 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 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. 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 FORM AND LANGUAGE & FOR EXECUTION City Attorney Date First Reading: Second Reading: Verified by: Richard Lorber, AlCP Acting Planning Director Underscore denotes new language. denotes deleted language. F:\PLAN\$PLB\draff ordinances\2018 - clarification of LUB member categories\membership clarification ord rev 8-30-201 1 .doc MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jorge Gonzalez, City Manager Michael Gongora, Commissioner August 29,201 1 MEMORANDUM SUBJECT: Referral ltem for September 14 Commission Meeting Please place on the September 14 Commission meeting consent agenda a referral to the Finance Committee for discussion concerning the possibility of hiring additional Special Masters or scheduling more hearings dates for the existing Special Masters. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. Agenda ltem VH Date ply- I/ THIS PAGE INTENTIONALLY LEFT BLANK 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: September 14, 201 1 SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMllTEE A DISCUSSION PERTAINING TO PROVIDING OUTDOOR SEATING ON THE CITY- OWNED SPACE ADJACENT TO THE CINEMATHEQUE THEATER AT HISTORIC CITY HALL. ADMINISTRATION RECOMMENDATION Refer the matter to the Finance and Citywide Projects Committee for discussion. ANALYSIS On December 9, 2009, the Mayor and City Commission approved a Lease Agreement between the City and the Miami Beach Film Society, Inc., (d/b/a Miami Beach Cinematheque) for approximately 2,523 square feet of groundfloor space in Historic City Hall, which is operating as a movie theater and gallery/exhibition space. The Tenant has approached the City about adding an outdoor seating component to include up to eight tables and 16 chairs, to serve light fare baked goods, specialty chocolates, coffee, tea and non-alcoholic beverages. In order to address the Tenant's request, staff is in the process of negotiatiating a separate concession agreement for use of the outdoor seating area, the terms of which shall be presented to the Finance and Citywide Projects Committee for consideration. CONCLUSION The Administration recommends that the Mayor and the City commission refer the matter to the d Citywide Projects Committee for discussion. T:\AGENDAEOI 1\7-14-1 l\Referral to FCWPC Cinematheque Concession Agreement.doc Agenda Item C C/J Date 9-/Y,// THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Vice-Mayor CC: Robert Parcher DATE: September 1,201 1 SUBJECT: Agenda ltem for September 14'~ City Commission Meeting. Please place on the September 14'~ Commission Agenda a referral to the Neighborhoods Committee a discussion regarding a change to the Land Development Regulations that would address the issue of wind turbines. If you have any questions please contact my Aide, Dessiree Kane, extension 6274 Thank you. We are comrnrfted to provrding ~xcellent putrlrc servrce and sahfy to all who lrve, work, and ploy rn our vrl! Agenda ltem C YS I Date 94V-O 101 THIS PAGE INTENTIONALLY LEFT BLANK en MIAMIBEACH OFFICE OF TI-IE MAYOR AND COMMISSION MEMORANDUM TO: Jorge Gonzalez, City Manager Jose Smith, City Attorney FROM: Deede Weithorn, Commissioner DATE: August 23, 201 1 SUBJECT: Agenda Item for September 14 Commission Meeting I would like refer a discussion and review of the city's investment policy to the Finance Committee. Thank you. DW/a ks 1% ore co!nmi~ed h, proddiing escellenf puWjc service ond soisty ict 011 who live, work, and ploy in our vil , Agenda Item cc/& Date 9-/q-I/ THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager , FROM: Matti Herrera Bower, Mayo:~T DATE: September 6,201 1 SUBJECT: Consent Agenda Item: Referral to Neighborhoods Committee Please place on the Sept. 14, 201 1 Commission meeting agenda a referral to the - - Neighborhoods Committee of a discussion regarding revamping the Bikeways Master Plan to better interact with the City's traffic calming planning. 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 6157. Thank you. We ore commi~fed fo providing excellenf public service ond sofew lo 011 who live, work, ond ploy in our vi/ Agenda Item C '/C Date 9-44 /I THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Matti Herrera Bower, Mayor f(d & 146 DATE: September 7,201 1 SUBJECT: Consent Agenda Item: Referral to Land Use Committee Please place on the Sept. 14, 201 1 Commission meeting agenda a referral to the Land Use Committee of a discussion regarding a resolution passed by the Historic Preservation Board to modify the code governing the voluntary designation of single family homes. The resolution is attached. 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 6157. Thank you. MHBIrw We ore commifted lo providing excellenl public service and sofey 10 011 who live, work, and ploy in our 4 ; Agenda Item Cyh Date 94v-4 107 MIAMIBEACH OFFICE OF THE CITY MANAGER' ' : .. . - - - . . . - . - - . - .- . .- . - .. . - .. 7 . . . . ' . . . ..No. LTC # 6 23-201 1 LET~ER TO COMMISSION . :. . , ' TO: Mayor Matti Herrera Bower and Members of the City Commission /- FROM: city Manager Jorge M. DATE: May 20,201 1 SUBJECT: ~istoric preservation Board Resolution - Single' Family Designations Attached, please find a copy of a resolution pertaining to the designation procedures for single family homes, which was adopted by the Historic Preservation Board at their May 10, 201 1 meeting. The Board is urging the City Commission of the City of Miami Beach to initiate an amendment to the applicable sections of the City Code pertaining to the voluntary designation of single family homes, in order to include the following modifications: I I .+ 1. Create a uniform standard for eligible homes that would allow for structures between 20 and 30 years of age to request designation; j 2. Create a mechanism for a 'sliding scale' that would apply to homes as each calendar year passes, thus allowing the age of a structure to dictate its eligibility for designation on a / continual basis; 3. Replace the 'Pre-1942' standard in section 142-1 08 of the City Code with a sliding scale . that would pertain to all structures 30 years of'age and older. , . , he ~dministration recommends that the Commission refer this request to the Land Use . and Development Committee for review and consideration. C: Jorge G. Gomez, Assistant City Manager Jose Smith, City Attorney . Gary Held, First Assistant City Attorney Bob Parcher, City Clerk Richard G. Lorber, Acting Planning Director . F:\PLAN\$ALL\CM-RESPWB Reso 201 1 SF Designations.ltc.docx . . . . .CITY.OF MIAMI BEACH . i. .. ...... . . . . . . ... ' ' HISTORIC PRESERVATlON BOARD .... . . . ' . . . . . , RESOLUTION : ' ' . . .. ..... ... . . ... .. ' . . . . ' _. . . WHEREAS, the City of Miami Beach Historic Preservation Board is charged by Ordinance as . serving in an advisory capacity to the City Commission and other City Boards on issues affecting the City's architecture, design, historic districts and structures; and WHEREAS, the Historic Preservation Board strongly supports the efforts of the City to promote and enhance its unique social and architectural history thrbugh the preservation of single family homes throughout the City; and WHEREAS, the Historic preservation Board strongly supports and encourages the efforts of . . , the City to maintain, preserve and protect its historic buildings-and architecture as valuable historical, educational and visual resources for its residents and visitors. . - - THEREFORE, it is hereby reso!ved that the Historic Preservation Board urges the city commission of the City of Miami Beach to initiate an amendment to the applicable sections of the City Code pertaining to the voluntary designation of single family homes, in order to include the following modifications: . . ' 1. Create a uniform standard for eligible homes that would:allow for structures between 20 and 30 years of age to request.designation; . . 2. Create a mechanism fdra 'sliding scaie' that would apply to homes as 'each calendar year ........ .. ... .. '< . ' passe&, thus allowing the age. of a structure to dictate its kligibility for designation on a continual ' .... . . ;basis; . . .... . . . . ... . . ... 3. Replace the re-1942 standard in section 148108 oi the CityCode with a sliding scale that . . . s .. , . would pertain to.all structures 30 years of age and older.' : ., , . . . . . . . . . . . . . . . . ... . - , .. Chair: . . . . . . ...... . Hist6ric, preservation Board - . . . . . . F:\PLAN\$HPB\RESOSUOI 1 RESOS\SF DESIGNATIONS MAY 201 1 .DOCX ; THIS PAGE INTENTIONALLY LEFT BLANK 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: September 14, 201 1 SUBJECT: REPORT OF THE JULY 7, 2011 JOINT NEIGHBORHOODS 1 COMMUNITY AFFAIRS & LAND USE AND DEVELOPMENT COMMITTEES MEETING A joint meeting of the Neighborhoods I Community Affairs & Land Use and Development Committees was held on July 7, 2011. Members in attendance were Commissioners Exposito, Gongora, Libbin, Tobin and Weithorn. Mayor Bower was also in attendance. 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 5:15 pm. - - I. A RESOLUTION CALLING FOR A NOVEMBER I, 2011 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMllTlNG TO THE ELECTORATE OF THE ClTY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE THAT, AFTER NOVEMBER 2,2011, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE LAND DEVELOPMENT REGULATIONS IN THE ClTY CODE, EXCEPT FOR CITY- OWNED PROPERTY IN THE GOVERNMENT USE AND CIVIC AND CONVENTION CENTER ZONING DISTRICTS, WHICH ALLOWS INCREASED BUILDING HEIGHTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? AFTER-ACTION: Jorge Gonzalez explained about the extra item from Commissioner Wolfson, and the Committee decided to take that up at the end of the meeting. Jorge Gomez introduced Ballot Question #I, and explained the history of height limits within Miami Beach, going back several years. He explained the details of the ballot question, and the exceptions for government property, and height exceptions contained in Section 142-1 161 of the City Code. Mayor Bower explained her motivation for moving this forward was to cover the entire city and ensure sustainability and quality of life. She did not have a problem with the exceptions detailed by staff. She believed in the voters ability to decide important matters, and thought the vote should be citywide and not limited to specific radius or neighborhoods. Lucia Dougherty spoke on behalf of the 321 Ocean Drive project, and requested an effective date of six months after the election date, or May 2, 2012. Many other property owners and residents from the area of South of Fifth, including Steve Mandy, Rick Manly, Clotilde Luce, Maureen Langer, Christina LaBuzetta, Joe Del Vecchio and Marian Del Vecchio offered their support for the 321 Ocean Drive residential project, and the request to extend the effective date of this charter amendment by six months. I Agenda Item C 64 Date 9-/v-// City Commission Memorandum Report of the Joint Neighborhoods /Community Affairs & Land Use & Development Committee Meeting of July 7, 201 1 Page 2 of 3 Tim Gordon and David Arditi of 321 Ocean Drive project explained their project and asked for support for the RPS-4 zoning amendment. Frank DelVecchio spoke regarding the 321 Ocean Drive project, and the issue of spot zoning. Dr. Morris Sunshine spoke about the Savoy Hotel property adjacent to his property. Charlie Urstadt, Jack Johnson, Arthur Marcus and Jo Manning all spoke. Alex Heckler, Michael Larkin, Neisen Kasdin, Howard Galbut, Jared Galbut, Russell Galbut, Aaron Sugarman and Tammy Tibbles spoke against the proposed charter amendment. Gary Held made remarks on the state statute relative to referendums. Commissioner Weithorn expressed reservations regarding the proposed charter amendment. Commissioner Gongora also expressed concerns with the amendment, and pointed to the 321 Ocean Drive project as an example of his concerns. The Mayor expressed her desire that it be on the agenda. Commissioner Libbin noted that there is very strong support for the 321 Ocean Drive project, but not the referendum as a whole. MOTION: By acclamation: Move the item to the full Commission without recommendation. 2. A RESOLUTION CALLING FOR A NOVEMBER I, 2011 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMllTlNG TO THE ELECTORATE OF THE CITY OF MlAMl BEACH A QUESTION ASKING WHETHER THE MlAMl BEACH CITY CHARTER SHOULD BE AMENDED TO REQUIRE THAT, AFTER NOVEMBER 2, 2011, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE ClTY CODE (ENTITLED, "HISTORIC PRESERVATION BOARD"), OR TO CHAPTER lT8, ARTICLE X , OF THE CODE ("HISTORIC PRESERVATION"), WHICH EITHER REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? MOTION: By acclamation: Move the item to the full Commission without recommendation. 3. A RESOLUTION CALLING FOR A NOVEMBER 1, 2011 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMIITING TO THE ELECTORATE OF THE ClTY OF MlAMl BEACH A QUESTION ASKING WHETHER MlAMl BEACH ClTY CHARTER SECTION 6.03 SHOULD BE AMENDED TO CHANGE THE TIME PERIOD THAT A QUALIFIED ELECTOR OF THE CITY, RESIDING WITHIN THE ClTY FOR AT LEAST ONE (I) YEAR PRIOR TO QUALIFYING, HAS TO FILE WITH THE ClTY CLERK HlSlHER PETITION FOR QUALIFYING AS A CANDIDATE FOR OFFICE, FROM NO LATER THAN THE SECOND DAY OF THE CONSECUTIVE FOUR (4) DAY PERIOD FOR QUALIFYING AS A CANDIDATE FOR SUCH OFFICE, TO NO LATER THAN NOON OF THE 14~" DAY PRECEDING THE FIRST DAY OF SUCH CONSECUTIVE FOUR (4) DAY QUALlFYlNG PERIOD. AFTER-ACTION: Raul Aguila of the City Attorney's Office explained the proposed charter amendment. The Committee discussed that since Commissioner Wolfson was not here to explain further, and that the first election that this could be applied to City Commission Memorandum Report of the Joint Neighborhoods / Community Affairs & Land Use & Development Committee Meeting of July 7,2011 Page 3 of 3 is not until 2013, then this item could be delayed and brought up at a later time. MOTION: By acclamation: Table the matter. 4. A RESOLUTION CALLING FOR A NOVEMBER 1, 2011 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH ClTY CHARTER SECTION 6.03 SHOULD BE AMENDED TO REQUIRE A WAIVER OF THE ClTY QUALIFYING FEE IN THE EVENT THAT THE COUNTY SUPERVISOR OF ELECTIONS DOES NOT CERTIFY A CANDIDATE'S QUALIFYING PETITION WITHIN THE FOUR DAY QUALIFYING PERIOD WHERE SUCH CANDIDATE'S PETITION WAS TIMELY FILED AND IS SUBSEQUENTLY CERTIFIED BY THE COUNTY SUPERVISOR OF ELECTIONS. MOTION: By acclamation: Table the matter. 5. Commissioner Wolfson's item (Straw Ballot) The Committee adfirmed that it was not on the agenda. Attachment T:\AGENDA\2011\9-14-1 I\Joint LUDC Meeting of July 7,201 1 afferaction.docx JOINT NEIGHBORHOODS 1 COMMUNITY AFFAIRS & LAND USE AND DEVELOPMENT COMMITTEE MEETING July 7, 201 I @ 500 pm City Manager's Large Conference Room Attendance Sheet THIS PAGE INTENTIONALLY LEFT BLANK 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 Manage DATE: September 14, 201 1 v SUBJECT: REPORT OF THE NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE MEETING HELD ON THURSDAY, JULY 7,2011. A meeting of the Neighborhoods/Community Affairs Committee was held on Thursday, July 7,201 1 at 3:00 pm in the City Manager's Large Conference Room, 4th Floor, City Hall. Commissioners in attendance: Commissioners Edward L. Tobin, Jerry Libbin, Deede Weithorn and Michael Gongora (arrived at 4:59pm). Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:16 PM 1. QUARTERLY CRIME STATISTICS. (316 PM) (Returning from the June 3, 201 I NCAC meefing; originally referred af April 13, 201 I Commission, ltem R9D, Requested by Commissioner Tobin) Major Angel Vazquez, reported on residential burglaries. Commissioner Libbin explained that he has received complaints regarding speeding on Pinetree and LaGorce Drives and wondered why statistics do not seem to match the complaints. Lieutenant Yero responded that the perception, at times can be that cars are going faster than they actually are because of the close proximity of the houses to the street. Actually, the average speed as reported by the smart wagons that record the speed of cars on the street find that there are actually quite a few drivers that are going the speed limit or relatively slow because they are looking at the homes. There is stricter enforcement on these streets (even more than Alton Road) because of the resident complaints. Commissioner Tobin stated that the County has just agreed to install speed humps on Pinetree and LaGorce Drives. Commissioner Weithorn added that the neighborhood has agreed to see how the speed humps impact the problem and if it resolves the problem then they are agreeable that this would be sufficient. If this does not help, then this will be revisited do determine what if anything further would be done. Major Vazquez explained that the beach thefts on the sand are a problem and the Police Department has purchased several more surveillance cameras which, when set up along with undercover officers, should make a dent in that problem. He continued by reviewing the robbery statistics citywide. Commissioner Tobin reminded everyone that the Police Department will be reporting quarterly to this committee regarding crime statistics. Agenda ltem C6B Date %/@'/ City Commission Memorandum September 14,201 1 Report of the Neighborhoods /Community Affairs Committee of July 7, 201 1 Page 2 of 8 Major Vazquez advised that thefts of copper from air conditioners are on the upswing, so he asked the public to call police if they see anything suspicious at construction sites at odd hours. ACTION: The Committee, (Commissioners Tobin, Libbin, and Weithorn present) took no action as this was informational only. 2. DISCUSSION CONCERNING NOTICING FOR SIDEWALK CAFE PERMIT RENEWAL. (3:45 PM) (Deferred at the June 3, 201 1 NCAC meeting; originally referred at May 11, 201 1 Commission, ltem C4E, Requested by Commissioner Michael Gbngora) Fred Beckmann, Public Works Director, reminded the members that the issue was the complaint about sidewalk cafe permits; people were not paying on time and were stating that they were not being noticed. Finance does, in fact, issue a notice each year and Public Works has a sidewalk cafe coordinator that goes with Code Compliance staff to notify the cafes. Finance will be issuing the renewal notice sixty days prior to their expiration date, followed by a visit from the coordinator and Code staff prior to issuing a violation. Commissioner Weithorn asked Mr. Beckmann for an LTC reporting on how the system works, as , well as a report on the process of payments. This would be similar to the report included in the agenda, as well as when permits have been paid, how many are current or past due. Commissioner Libbin suggested a staggered or graduated late fee. Manny Marquez, Finance Manager, and Mr. Beckmann explained that there are several payment options. Commissioner Weithorn suggested waiting to see how the earlier noticing helps before discussion on graduated late fees. Just after discussion of the Status of Sunrise Plaza (item #3) Mr. David Kelsey made some comments on the sidewalk cafe permit and the financial status of many sidewalk cafe operators. ACTION: The Committee, (Commissioners Tobin, Libbin, and Weithorn present) directed the Administration to provide an LTC from Finance regarding the process of the new noticing procedure and payments for the sidewalk cafe permits. DISCUSSION ON THE STATUS OF SUNRISE PLAZA. (3:51 PM) (Returning, as requested, from the May 5, 201 1 NCAC meeting for a status report; originally referred at April 14, 201 I Commission, ltem C4C, Requested by Commissioner Tobin). Fred Beckmann, Public Works Department Director explained the permit application was submitted to the Florida Department of Environmental Protection (FDEP) and they have requested additional information and they have commented that they are considering this project as a structure, which means it is more difficult to get the permit. He, along with the consultant, will be contacting FDEP to discuss and hopefully prevent the project from being defined as a structure. Mr. Beckmann stated that while the permitting process is the part that takes the most time, he is certain that once the permit is obtained he will do what he can to expedite the project. Commissioner Tobin requested that Mr. Beckmann send him a copy of the comments from FDEP for his review.. ACTION: The Committee, (Commissioners Tobin, Libbin, and Weithorn present) directed the Administration to return to the NCAC with status update in September. City Commission Memorandum September 14,201 1 Report of the Neighborhoods /Community Affairs Committee of July 7, 201 1 Page 3 of 8 4. DISCUSSION REGARDING LICENSING AND AUTHORIZATION REQUIREMENTS FOR MOBILE FOOD TRUCKS AND PROPOSAL FOR A CITY SPONSORED FOOD TRUCK FESTIVAL. (3:59 PM) (Returning from the May 5, 201 I NCAC meeting; originally referred at January 19, 201 I Commission, Item C4G, Requested by Commissioners Tobin and Gongora) Commissioner Libbin explained that he is not in favor of this. Prior to making a decision on a City- sponsored food truck festival, he asked what amount of money would be waived to those participating. Hilda M. Fernandez, Assistant City Manager, explained that based on the research done as a result of the referral, the concept would be for the City to be the applicant for the special event. Commissioner Weithorn explained that there have been no requests for special events other than the Festival of the Arts in this area. The cost assumes that you are giving up something else and there is nothing being given up. This is all about economic development in the attempt to drive foot traffic to North Beach. - George lglesias spoke. Commissioner Tobin asked where the "Beat" officer is for the area. David Veitia spoke. Ms. Fernandez explained that staff is developing a schedule of events for the bandshell. One idea is to move the "Movies in the Park to the bandshell from North Shore Park. Day Longsomboon spoke and asked if holiday decorations could be put up at the fountain including a Christmas tree. Commissioner Libbin suggested the businesses work with the soon to open Byron Carlyle Theater to help promote something similar to a pre- or post- show dinner package program. Commissioner Weithorn will set up a meeting with the businesses and the theater people. Commissioner Libbin made a motion to help craft a dinner and theater economic development program. Commissioner Tobin asked for a staff point person for economic development for North Beach. Ms. Fernandez responded that if the approach to economic development is going to be through cultural programming then it would be Max Sklar, Cultural Affairs and Tourism Development Director, working with Kevin Crowder and Communications. Commissioner Tobin asked that if there is a solid economic development plan for the businesses in North Beach by September, that would be great however if not, bring this discussion back to the NCAC in October. Mr. Sklar stated the he would report back either way. Commissioner Libbin suggested bringing back the Friday Night Skates to North Beach. City Commission Memorandum September 14,201 1 Report of the Neighborhoods /Community Affairs Committee of July 7, 201 1 Page 4 of 8 Daniel Veitia asked if the City could advertise in MB Magazine. Ms. Fernandez explained that MBTV77 will be doing a segment for the theater opening and if there is a program ready with the restaurants, they will promote that also. Commissioner Weithorn made a motion to defer discussion regarding food trucks to the September meeting. Motion seconded by Commissioner Libbin. ACTION: The Committee, (Commissioners Tobin, Libbin, and Weithorn present), moved to defer discussion on the food trucks until September. (Vote: 3-0) 5. DISCUSSION REGARDING AN ORDINANCE AMENDING CHAPTER 2, ARTICLE Ill, DIVISION 26, SECTIONS 2-190.107 AND SECTION 2-190.1 10 OF THE ClTY CODE, ESTABLISHING THE CITY'S COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, TO AMEND THE ClTY AFFILIATION REQUIREMENTS FOR MEMBERSHIP ON THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR REPEALER, SEVERABILITY, AND EFFECTIVE DATE. (Returning from the June 3, 2011 NCAC meeting; originally referred at April 13, 2011 Commission Item R5H, Requesfed by Commissioner Weifhorn) ~ ltem was not discussed and was deferred to a future meeting of the NCAC. ACTION: The Committee did not discuss this item and deferred it to a future meeting of the NCAC. 6. DISCUSSION REGARDING A STATUS UPDATE ON THE CITY OF MIAMI BEACH RED LIGHT CAMERAS. (4:35 PM) (Referred at March 9, 201 I Commission, ltem R9D, Requested by Commissioner Exposito) Michael Gruen, Police Planning and Research Manager, explained that he believes the red light cameras have made a difference from a safety perspective. However, he explained that they haven't been in place long enough to back that up statistically. The recommendation is to take some of these cameras that are not doing what they were intended to do and relocate them to locations that will bear the intended safety effect. ACTION: The Committee, (Commissioners Tobin, Libbin, and Weithorn present) directed Administration to proceed with the recommended relocation and provide an LTC with that information. 7. DISCUSSION REGARDING STREET ENDS AND SWALES ALONG THE WATER. (4:38 PM) (Referred af March 9, 201 I Commission, ltem C4B, Requesfed by Commissioner Weithorn) Kevin Smith, Parks and Recreation Department Director, detailed the information included in the agenda and explained that 28 street-ends along the water have been identified. Additional locations not on the list were mentioned to be looked at including; 56" Street and North Bay Road, 21'' Street and North Bay Road, as well as loth Street and West Avenue. Commissioner Weithorn explained that she has received complaints, primarily from the North Shore Drive area, regarding people that go to these street-ends to drink and party and police is limited as to what they can do because there is no signage saying the people cannot be there. Mr. Smith explained that parks can be restricted with signage stating hours of operation as sunrise to sunset; while he has been advised by Legal and Public Works that street ends cannot be closed overnight, activity can be restricted. City Commission Memorandum September 14,201 1 Report of the Neighborhoods /Community Affairs Committee of July 7, 201 1 Page 5 of 8 Commissioner Weithorn added that some people are even tying up their dinghy at seawalls causing damage to seawalls. Raul Aguila, Deputy City Attorney, stated that police need to be directed to address the activities that are causing the problem. These street ends are public right-of-ways and if any of these activities cannot be done on a City sidewalk or street, then the street ends can be treated the same way and the police can enforce. Mr. Aguila is concerned with regulating hours and would like to research that option further; however, activity can certainly be regulated. Commissioner Libbin asked Administration to instruct Police to enforce the curfew law. Commissioner Weithorn moved to: Develop signage prohibiting parking, fishing, swimming, littering, open fires, open containers, and mooring Reach out to the HOA to determine their preference regarding removal of existing benches on the street ends. Wait for Legal to provide an opinion as to whether hours can be regulated. Install bollards to prevent parking, to the extent that it may be available. Notice Parking, Code Compliance and Police to start enforcement as applicable. Motion seconded by Commissioner Libbin. ACTION: The Committee, (Commissioners Tobin, Libbin, and Weithorn present) directed Administration to do the following: Develop signage prohibiting parking, fishing, swimming, littering, open fires, open containers, and mooring Reach out to the HOA to determine their preference regarding removal of existing benches on the street ends. Wait for Legal to provide an opinion as to whether hours can be regulated. 0 Install bollards to prevent parking, to the extent that it may be available. Notice Parking, Code Compliance and Police to start enforcement as applicable. 8. DISCUSSION REGARDING THE INTERIM TRAFFIC CALMING PLAN FOR LA GORCE AND PINETREE DRIVES. (Referred af May I I, 2011 Commission, ltem C4C, Requested by Commissioner Jorge R. Exposito) This item was discussed early in the meeting during discussion on Crime Statistics. Refer to ltem #I for details. ACTION: The Committee(Commissioners Tobin, Libbin, and Weithorn present) moved to revisit this item if the speed bumps to be installed by the County are insufficient in resolving the speeding issue on Pinetree and LaGorce Drives. 9. DISCUSSION REGARDING THE LACK OF PARKING FOR PERMIT-PAYING RESIDENTS IN THE FLAMINGO PARK PARKING LOT P-10. (452 PM) (Referred at May I I, 201 I Commission, ltem C4H, Requested by Commissioner Jerry Libbin) Commissioner Libbin stated that he was requested to look at this because of the problem for residents with no place to park. City Commission Memorandum September 14,201 1 Report of the Neighborhoods /Community Affairs Committee of July 7, 201 1 Page 6 of 8 Philip Barry, President of the Condo Board from the Esplanade, explained the difficulty that residents in parking zones two and three are having with parking. Saul Frances, Parking Department Director, explained that this parking lot services Flamingo Park. It also provides parking for residential zones two and three from 11:OO pm to 6:OOam. A three-hour time limit exists to allow park users to park during park hours. A potential option is to establish a six (6) month pilot program that would allow one (1) parking bay in Municipal Parking Lot No. 10 for Zone TwoIThree residential parking permit holders to park without the three hour restriction. There are about six bays in the lot. The committee expressed concern whether one bay is sufficient to address the problem and deferred to Mr. Frances and Mr. Barry to discuss and work it out. Commissioner Weithorn stated that if the pilot program starts with one and it isn't working, try two bays. Mr. Frances stated the pilot program could start with one bay. Commissioner Libbin stated to let him know if the program is not working but do come back in six months to report on the status. Mr. Frances said that if results are seen sooner, he will bring it back to the NCAC committee earlier than the six months. ACTION: The Committee, (Commissioners Tobin, Libbin, and Weithorn present) directed Saul Frances, Parking Department Director to implement a six-month pilot program with one parking bay in Municipal Parking Lot No. 10 to be utilized by Residential Parking Permit holders for Zones two and three without the three hour restriction and in the event one bay is not sufficient, increase it to two bays. There is to be a report back to the NCAC in six months. 10. DISCUSSION REGARDING THE VIABILITY OF A VERY SAFE, NEIGHBORHOOD-APPROVED KAYAK LAUNCH. (459 PM) (Referred at May 11, 201 1 Commission, ltem C7F, Requested by Commissioner Edward Tobin) Fred Beckmann, Public Works Department Director, explained that the recommendation from the Parks Department is that a kayak launch be installed at the park. However, the seawall is in need of repair and that project is yet to be funded. It is recommended that the kayak launch construction be done during or after the seawall repair. Commissioner Weithorn stated that this item will be tabled until some budget decisions are made. ACTION: The Committee, (Commissioners Tobin, Libbin, Weithorn, and Gongora present) tabled this item pending budget decisions made regarding seawall repairs. I I. DISCUSSION CONCERNING QUALITY OF LIFE ISSUES FOR WEST AVENUE. (3:33 PM) (Referred at May 11, 201 1 Commission, ltem C4F, Requested by Commissioner Michael Gdngora) Major Sliman explained that concerns with the crosswalks were brought to the department's attention earlier this year as it relates to cars not yielding to the visually impaired. Police addressed it heavily back in February and March, writing over 11 1 tickets. The Police Department is still working on the general problem of drivers not yielding to pedestrians in crosswalks. Commissioner Tobin asked that someone from the Police Department send an email to Commissioner Gongora to update him on this matter. City Commission Memorandum September 14,201 1 Report of the Neighborhoods /Community Affairs Committee of July 7, 201 1 Page 7 of 8 Fred Beckmann, Public Works Department Director added that all of the crosswalks have been repainted. A total of nine (9) additional new speed signs have been installed in each direction at 14'" 16'~. I lth, 8'h and one (Ib westbound on 5th Street. Additionally, he advised that an ADA ramp is being worked on at 6' Street. Commissioner Tobin asked Mr. Beckmann to provide an update to Commissioner Gongora. Commissioner Libbin added that Commissioner Gongora had thought that the intersection at 14'~ Street should be a 4-way stop. Mr. Beckmann replied that this is first he has heard that and will forward that request to the County and the County will do the studies. Commissioner Tobin expressed his concern with the time it will take regarding 14'~ Street and Mr. Beckmann stated he will do what he can to expedite through the County. Commissioner Weithorn asked Police to return with an update regarding West Avenue pedestrian safety in December. ACTION: The Committee, (Commissioners Tobin, Libbin, and Weithorn, present) directed the Police to return to the NCAC meeting in December with a status regarding West Avenue - . pedestrian safety. 12. CONSIDERATION AND DISCUSSION OF PROPOSED AMENDMENTS TO THE CITY'S NOISE ORDINANCE. (5:OO PM) (Referred at June I, 201 1 Commission, Item C4C, Requesfed by Legal Department) Hilda M. Fernandez, Assistant City Manager, explained that this item was originally referred by the Legal Department regarding legal issues and clarifications to be made to the ordinance. She added that Administration has talked about whether other changes should be made. However, she would be happy to defer the other changes until they have a chance to go through stakeholder meetings, as has been done in the past. Debbie Turner, First Assistant City Attorney, reviewed the changes that are recommended as are included in the memo in the agenda package. Commissioner Libbin made a motion to incorporate the County Code text as recommended in the City's Code. Commissioner Gongora questioned how the City can issue a Special Event Permit and then issue a violation to the event for noise. Ms. Fernandez explained the process and rules that apply to noise when issuing a Special Event Permit; the Noise Ordinance is not waived for Special Event Permits. Commissioner Libbin suggested allowing the waiver of the Noise Ordinance for Special Events but with limited hours. Commissioner Weithorn amended and seconded Commissioner Libbin's earlier motion to move only the regulatory and cleanup language and defer the policy decisions to a future meeting. ACTION: The Committee, (Commissioners Tobin, Libbin, Weithorn and Gongora present) moved to send only the regulatory and cleanup language and defer the policy decisions to a future meeting. City Commission Memorandum September 14,201 1 Report of the Neighborhoods /Community Affairs Committee of July 7, 201 1 Page 8 of 8 THE MEETING ADJOURNED AT 5:13 PM. Note: The remaining meetings of the Neighborhoods/Community Affairs Committee for 201 1 are: October 6, 201 1 (Thursday) November 10, 201 1 (Thursday) December 8, 201 1 (Thursday) F:\CODE\$ADM\Randi\Neig-Comm Affairs\Reports\2011 ReportsWuly 7-201 I\NCAC Report- JULY 7 201 1 DRAFT-1 .doc = -.L- MIAMIBEACH NEIGHBORHOODSICOMMUNITY AFFAIRS COMMITTEE July 7,201 1 SIGN-IN SHEET PLEASE PRINT LEGIBLY We ore cornmiffed to pmding emekrif public se~ce and to a! who live, wnb, and ploy in our vibrant, bvp/tny, hiWc commonify. NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE July 7,2011 SIGN-IN SHEET PLEASE PRINT LEGIBLY NAME We are amiffed to providing -lle~r;tpcrblic servfce and-safety to all who live, wd, and p!vy in ow M'bmnf, tropical, historic comrnunily. \ - - - . - - - - . -- C6 - Commission Committee Reports C6C Report Of The Joint Neighborhoods1Community Affairs Committee And Finance And Citywide Projects Committee On September 1, 201 1: 1) a) Discussion Of Ways To Prevent Future Problems On Memorial Day Weekend Such As The Possibility Of Rolling Back Alcohol Sales Hours; b) Discussion Regarding Memorial Day Weekend Recap And Planning For Next Year. 2) Discussion Of The Issuance Of Additional Stormwater Revenue Bonds And The Refunding Of Outstanding Stormwater Revenue Bonds. (Memorandum to be Submitted in Supplemental) I Agenda Item C6 L Date 9-19- I/ THIS PAGE INTENTIONALLY LEFT BLANK City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 SUBJECT: REPORT OF THE JULY 20, 2 USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on July 20,201 1. Members in attendance were Commissioners Wolfson, Exposito, Gongora, Tobin and Mayor Bower was also in attendance. 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 3:15 pm. I. DISCUSSION ON THE OCEAN BEACH HISTORIC DISTRICT R-PS4 ZONING AMENDMENT. AFTER-ACTION: Commissioner Wolfson introduced the item and expressed support for the proposal. Richard Lorber explained the planning issues involved with the amendment. Commissioner Exposito expressed his concern over the issues of density (maximum cap on the number of units) and short-term rentals (duration and frequency). Frank DelVecchio spoke in favor. Arthur Marcus, Debbie Quade, Debra Pierce, Clotilde Luce, David Kelsey, John Conrad, Steve Mandy, Ruth Remington, Jo Manning, Dr. Morris Sunshine, Nelly Santamarina spoke. David Arditi and Tim Gordon of the Development Team spoke and thanked the participants. Commissioner Gongora enquired of the City Attorney regarding the spot zoning challenge. City Attorney Smith indicated that this ordinance will not create a spot zoning problem. MOTION: Gongora/Exposito (vote 3-0) Refer to Planning Board, with the direction to consider making the ordinance more robust with respect to avoiding spot zoning, limiting short term rentals to 3 months 3 times a year, a limit of 55 units maximum, and requiring all parking on site. 2. AN ORDINANCE CLARIFYING THE QUALIFICATIONS AND CATEGORIES OF MEMBERS TO BE APPOINTED TO THE CITY'S LAND USE BOARDS. AFTER-ACTION: Jorge Gomez explained the proposed changes to the membership categories. Commissioner Gongora expressed the desire to open up the categories to provide more flexibility, broadening the architect position to permit licensure in any state. MOTION: GongoralExposito (vote 3-0) Refer to Planning Board with the expansion of the architect category to include licensure in any state. Agenda Item e6D Date 9-/v-// City Commission Memorandum Report of the Land Use & Development Committee Meeting of July 20,2011 Page 2 of 4 3. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 14 "BUILDING REGULATIONS" OF THE ClTY OF MlAMl BEACH CODE OF ORDINANCES, BY ADDING SECTION 14-72 TO BE TITLED "CONSTRUCTION PARKING PLAN", ESTABLISHING THE REQUIREMENTS FOR CONSTRUCTION PARKING PLANS; AMENDING APPENDIX A BY CREATING A CONSTRUCTION PARKING PLAN REVIEW FEE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. AFTER-ACTION: CONTINUED 4. AN ORDINANCE OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY 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. AFTER-ACTION: Tom Mooney explained the amendment. The Committee expressed the desire to include additional compatibility language, and to clarify the visibility requirement from the adjacent street. MOTION: GongoraIExposito (vote 3-0) Bring to the full commission, as amended. 5. DISCUSSION REGARDING THE GALE HOTEL HEIGHT LIMITS. AFTER-ACTION: CONTINUED 6. DISCUSSION REGARDING CHANGING THE PERMITT'ED USES IN A CD-2 DISTRICT TO ALLOW FOR SELF STORAGE. AFTER-ACTION: CONTINUED 7, a) DISCUSSION ON A POSSIBLE AMENDMENT TO THE ACCESSORY USE REGULATIONS FOR THE RM-2 ZONING DISTRICT TO PERMIT A LIMITED NUMBER OF COMMERCIAL ACCESSORY USES IN AN APARTMENT BUILDING ADJACENT TO A PUBLIC BAYWALK TO BE OPEN TO THE PUBLIC. 7. b) DISCUSSION REGARDING THE BAYWALK CONSERVATION DISTRICT PROPOSAL PUT FORTH BY MEMBERS OF THE LINCOLN WEST NEIGHBORHOOD ASSOCIATION. AFTER-ACTION: Robert Duke, resident, spoke out against the commercialization of the next door residential building. Arthur Marcus also expressed his opposition to allowing commercial uses in this area. The Committee decided not to vote on this issue as the proponent was not able to attend. The Committee however, discussed that they were inclined not to support this proposal and to relate this to the proponent. MOTION: Continued to September. City Commission Memorandum Report of the Land Use & Development Committee Meeting of July 20,2011 Page 3 of 4 8. DISCUSSION ON THE DE-INTENSIFICATION OF THE 1-1 LIGHT INDUSTRIAL DISTRICT. AFTER-ACTION: CONTINUED 9. DISCUSSION ON INCLUDING A CLAUSE FOR EXCEPTIONS IN THE SHORT TERM RENTALS ORDINANCE. AFTER-ACTION: Commissioner Wolfson introduced the item. Richard Lorber explained the research Planning staff did, finding only one other building which might be in a similar situation in the unlikely event a similar mistake was made at the State licensing level. Jack Johnson and Jeff Donnelly expressed concern regarding the recent State legislation, and the Committee discussed whether amending the ordinance in this fashion would jeopardize the recently adopted ordinance. The Committee requested that the City Attorney's Office resolve this issue before moving it forward. Robert Santos-Alborna of Code Compliance indicated that although there were past code violations at the subject property no recent violations were evident under the current ownership. Simon Ferro, the proponent, offered to assist with the research, and thanked the Committee. MOTION: CONTINUED to September to permit City Attorney's Office to research the State Legislation and the effect of amending the City's ordinance under the new state statute. 1O.DlSCUSSlON OF OFF-LEASH HOURS AND/OR A DESIGNATED AREA FOR DOGS, NOT FENCED, IN THE GENERAL SOUTH VICINITY OF THE PAR 3 GOLF COURSE, OR OTHER DESIGNATED AREA OF THE PAR 3. AFTER-ACTION: Commissioner Exposito explained the situation in the neighborhood near the Par 3 golf course, and the desire for a dog walking area. Hilda Fernandez indicated what the City could do, regarding putting up the appropriate signage, and suggested that the City examine more closely what is the best area. Residents of the area explained the desired area on the map of the Par 3. In a related matter, the Committee discussed elements of the Par 3 Master Plan as requested by the City Commission. Fernando Vazquez explained the details of the Par 3 plan. Commissioner Exposito discussed some potential changes to the proposal. CIP staff explained that they will further research their ability to optimize the parking area while maximizing the open space around the play area. MOTION: ExpositoIGongora (vote 3-0) Direct staff to find an appropriate location for the Dog Park with similar terms and conditions to the one in South Pointe Park. MOTION: ExpositoNVolfson (vote 2-0) Direct staff to proceed with the proposed concept plan, maximizing green space, parking to 17 spaces, and bring the item to the full Commission. City Commission Memorandum Repott of the Land Use & Development Committee Meeting of July 20,2011 Page 4 of 4 11. DISCUSSION ON THE SETTLEMENT AGREEMENT MODIFYING THE SUPER MAJORITY REQUIREMENT TO AMEND THE PAR 3 PLAN. AFTER-ACTION: Commissioner Exposito introduced the item. Gary Held explained the proposal, and what would be subject to 6-7 vote and what would be 5-7 vote. Residents expressed disapproval of this approach. MOTION: Exposito/Wolfson (vote 2-0) Motion to make the vote unanimous. Attachment T:\AGENDA\2011\9-14-1 I\LUDC Meeting of July 20,201 1 afteraction.docx LAND USE AND DEVELOPMENT COMMITTEE MEETING July 20, 201 1 @ 3:00 pm City Manager's Large Conference Room LAND USE AND DEVELOPMENT COMMITTEE MEETING July 20, 201 1 @ 3:00 pm City Manager's Large Conference Room Attendance Sheet NAME CONTACT NUMBER I WISH TO RECEIVE THE LINK TO THE E-MAIL ADDRESS ELECTRONIC AGENDA - -- 63 a 0 03 AMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: September 14, 201 1 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF July 28,201 1 and July 29,201 1. OLD BUSINESS I Budget Briefing: Commissioner Update on Department Reviews ACTION None ltem heard in conjunction with ltem 2. 2. Budget Briefing: Potential Service Reductions and Enhancements I Potential Revenue Enhancements ACTION The Committee recommended: Replacing a Police captain with a sergeant position Eliminating one (1) full time vacant Municipal Service Trainee in Parks & Recreation Revising the allocation for the Director (35%) and Administrative Support (15%) in the Tourism & Cultural Development Department to charge the Convention Center Converting one (1) vacant full-time coordinator position to part-time in the Procurement Department Replace a HR Specialist with a full time Office Associate IV and professional Services in the Human Resources Department Eliminating two (2) HEOll positions in the Sanitation Department Eliminating a third Water Construction Crew Outsourcing Vac-Con Truck crew, which eliminates two (2) Municipal Service Worker Is Eliminating funding for the County Lobbyist Reducing the janitorial level of service in 23 of 33 City facilities Eliminating Police Overtime paid by Parking for "Clearing of Lanes, Easements and Alleyways, Right-of-way" (CLEAR) program I Agenda Item C6 E Date y-/v& 137 Improving Beach Shower Drainage & Maintenance Utilizing outside contractual services in order to conduct the required 40 year Building Re-Certification of City Buildings Funding for the Festival of the Arts be redirected to other North Beach economic development activities a Continuing the weekend firefighter pilot program for an additional year The Committee recommended the following additions and service enhancements: a lncreasing Police patrol on Washington Ave with two (2) Police Officers assigned from Thursday through Sunday from I I pm to 9am Enhancing deployment flexibility for Code Compliance quality of Life Officers added as part-time in FY 2010111 by adding 2 vehicles, 2 ATVs, 4 Bicycles and 8 Laptops, where the bicycles and vehicles are to be provided from sources other than the General Fund and the computers to funded from the Information and Communications Technology Fund The Committee did not recommend: a Eliminating 4 School Liaison Officers and 1 School Liaison Supervisor a Eliminating one (1) Public Safety Specialist Amending the minimum staffing ordinance to reducing the Overtime Budgets in the Fire Department Eliminating one (1) Lifeguard Tower a Closing all swimming pools an additional day Closing the Youth Centers one day at each site on the weekends Eliminating funding for after school snacks Deferring the rental of summer buses and the one remaining high cost, out of the City field trip for one year Reducing Summer Camp by one week a Eliminating Play Time and Tot Time programs at Flamingo Park and North Shore Park Youth Center Eliminating intramural athletics Reducing funding for citywide non-profit contributions Reinstating the increase of the Adult Resident Pool Fee from free to $3 per admission lncreasing the Franchise Fee form 18% to 20% The Committee asked that a report be provided to the Finance & Citywide Projects Committee in FY2012 regarding additional potential ways to reduce unanticipated leave - subject to collective bargaining, including discussion of other options. The Committee recommended that the discussion regarding security cameras and neighborhood parklstreet-ends bus benches take place at a Neighborhood1 Community Affairs Committee meeting. The Committee asked that bifurcated pension plans be included as part of the Budget Advisory Committee Pension Reform Review. The Committee asked Staff to provide a list of all vacant positions. The Committee asked Staff to provide a list of employees in the Deferred Retirement Option Plan (DROP) program which includes their position, where they are in the program and their salary. The Committee asked for a Letter to Commission (LTC) regarding the effectiveness of the existing pilot program and to explain why hiring additional firefighters would not result in greater savings The Committee also recommended that a report be provided to the Finance & Citywide Projects Committee regarding additional potential ways to reduce unanticipated leave, subject to collective bargaining, including a discussion of other options such as paying for sick leave up front and not getting paid when using it and a comparison of sick leave usage for all City Departments. The Committee asked for further analysis from the Fire Department regarding changing the Ocean Rescue Division schedule to 518s on a year round schedule and asked for statistics on usage by location and time of day in both summer and winter to evaluate potential for reduced hours or re-allocation of hours. The Committee asked that for further analysis from the Police Department regarding reducing Citywide contracted security expenditures while maintaining Redevelopment Areas (beach walks, boardwalks, Lincoln Road, etc.). City Manager Jorge Gonzalez presented and reviewed the status of the FY 201011 1 Operating Budget. Chairperson Deede Weithorn asked about the status of the long term pension reform. Budget & Performance Improvement Director Kathie Brooks stated that the Budget Advisory Committee will begin to look at various options at the next meeting. Commissioner Jerry Libbin asked for analysis that includes a bifurcated plan. The Committee asked that bifurcated pension plans be included as part of the Budget Advisory Committee Pension Reform Review. Ms. Brooks presented the positive impactlminimal service impact efficiencies. Commissioner Libbin asked for a list of all vacant positions and a schedule of employees who are currently in the DROP and their salary. The Committee asked Staff to provide a list of all vacant positions and a list of upcoming DROP positions and value. The Committee recommended that all of the minimal service impactlefficiencies that were listed and that the funding for the Festival of the Arts be redirected to other North Beach economic development activities. Ms. Brooks then presented the potential service adjustments. Commissioner Michael Gongora stated that he felt that the contracted security service being provided is poor and suggested that the contract be rebid. Chairperson Weithorn suggested that before rebidding the service that service be restructured. Discussion ensued. The Committee asked that for further analysis from the Police Department regarding reducing Citywide contracted security expenditures while maintaining Redevelopment Areas (beach walks, boardwalks, Lincoln Road, etc.). Conversation ensued. Chairperson Weithorn asked how overtime in the Fire Department was trending. Fire Chief Eric Yuhr stated that the amount of overtime this year is better than it has been in years past. Commissioner Ed Tobin asked what time off is being taken. Chief Yuhr stated that the majority of the time being taken is emergency vacation and sick time and that he feels that the amount of time off being taken is comparable to other departments except that in the Fire Department the vacant position needs to be filled due to the minimum staffing ordinance. Discussion ensued. The Committee recommended continuing the pilot program for one more year for the three additional firefighters hired to work on a weekend schedule in an effort to reduce overtime. The Committee asked for a Letter to Commission (LTC) regarding the effectiveness of the existing pilot program and to explain why hiring additional firefighters would not result in greater savings. The Committee also 3 recommended that a report be provided to the Finance & Citywide Projects Committee regarding additional potential ways to reduce unanticipated leave, subject to collective bargaining, including a discussion of other options such as paying for sick leave up front and not getting paid when using it and a comparison of sick leave usage for all City Departments. The Committee asked for further analysis from the Fire Department regarding changing the Ocean Rescue Division schedule to 518s on a year round schedule and asked for statistics on usage by location and time of day in both summer and winter to evaluate potential for reduced hours or re-allocation of hours. Discussion ensued. The Committee did not recommend the potential service reduction alternatives listed and also did not recommend reducing funding for citywide non-profit contributions. The Committee did not recommend the proposed revenue enhancements. Commissioner Libbin suggested that quality of life ordinances are enforced more consistently. City Manager Jorge Gonzalez then presented the proposed additions and service enhancements. The Committee recommended increasing Police patrol on Washington Ave with two (2) Police Officers assigned from Thursday through Sunday from I lpm to 9am and enhancing deployment flexibility for the Code Quality of Life Officers by adding 2 vehicles, 2 ATVs, 4 Bicycles and 8 Laptops, where the bicycles and vehicles are to be provided from sources other than the General Fund and the computers to funded from the Information and Communications Technology Fund. The Committee did not recommend purchasing a golf cart for Police or conducting a Code Compliance Department lmprovement Study. Julv 29, 201 1 2. Budget Briefing: Potential Service Reductions and Enhancements 1 Potential Revenue Enhancements (cont'd) ACTION The Committee recommended the following additions and service enhancements: Increasing Sustainability education and outreach, funding to be provided from sources other than the General Fund Enhancing project supervision by adding 2 pool cars in the Capital lmprovement Projects Department Utilizing outside contractual services to provide supplementary cost estimating and project support in the Capital lmprovement Projects Department Enhancing services provided to homeless individuals by adding 2 part-time case workers assigned to provide homeless outreach services to the Entertainment District from the hours of 5pm to 12am, Tuesday s thru Saturdays, and 1 Office Associate II for intake Expanding the contracted call center use for Water and Parking Exploring outsourcing of dispatch operation or adding 4 part-time Dispatchers in the Parking Department Outsourcing enhanced sanitation services for parking lots and garages Soundscape maintenance - greenspace, bathroom maintenance, pressure cleaning and litter control Soundscape securitylLincoln Road Service enhancement Additional Right-of-way maintenance for CIP projects coming on line The Committee did not recommend: A Code Compliance Department improvement study Enhancing Citywide holiday decorations Increasing the level of service provided by the Sanitation Department in parking lots and parking garages The Committee requested a Letter to Commission (LTC) regarding the Capital lmprovement Projects enhancement package to explain proposed organizational structure and the need for enhanced project performance tracking and scheduling by hiring an additional position. The Committee asked for a report on the activities that address homelessness including placements, contacts, bed availability, etc. The Committee asked for a list of savings/efficiencies that would occur as a result of expanding the contracted call center use for Water and Parking. The Committee referred the discussion regarding security cameras to the NeighborhoodlCommunity Affairs Committee. The Committee asked Staff to provide information regarding the parking mobile application RFP. City Manager Jorge Gonzalez continued presenting the proposed additions and service enhancements. Commissioner Jorge Exposito stated that some commercial waste haulers have in place literature that they distribute and asked if the City could coordinate with them in possibly distributing their literature to the commercial units in Miami Beach. City Manager Jorge Gonzalez stated that the $40,000 for increased sustainability education and outreach included material as well as consulting advice. Chairperson Weithorn asked if it could come out of the Sanitation Fund. The Committee recommended that the funding for the increased Sustainability education and outreach come from sources other than the General Fund. Commissioner Libbin was concerned about hiring an additional person to enhance project performance tracking and scheduling. The Committee requested a Letter to Commission (LTC) regarding the Capital lmprovement Projects enhancement package to explain proposed organizational structure and the need for enhanced project performance tracking and scheduling by hiring an additional position. The Committee asked for a report on the activities that address homelessness including placements, contacts, bed availability, etc. Chairperson Deede Weithorn asked what existing personnel would be doing if incoming calls were handled by a call center. Chief Financial Officer Patricia Walker stated that existing personnel are not getting to all the calls because they are taking care of primarily face-to-face customers. The Committee asked for a list of savings/efficiencies that would occur as a result of expanding the contracted call center use for Water and Parking. The Committee recommended all of the proposed additions and service enhancements except for enhancing Citywide holiday decorations, increasing the level of service provided by the Sanitation Department in parking lots and parking garages, and recommended further analysis for hiring an additional person in the Capital Improvements Projects Department to enhance project performance tracking and scheduling measures. Commissioner Tobin suggested that security cameras should be monitored for safety reasons in certain areas of the City. The Committee referred the discussion to the NeighborhoodlCommunity Affairs Committee. Commissioner Libbin asked about the status of the Request for Proposals (RFP) for the parking mobile application. City Manager Jorge Gonzalez stated that the RFP was out. The Committee asked Staff to provide information regarding the parking mobile application RFP. 3. Proposed Capital Renewal and Replacement Projects ACTION The Committee recommended funding the Byron Carlyle of AIC units from renewal and placement. The Committee recommended funding the proposed FY 2011112 Renewal and Replacement projects listed. City Manager Jorge Gonzalez presented and gave a brief synopsis of the memo. Prior to FY 2004105, the City made significant investment in the routine maintenance of its assets as well as funding major capital projects, bringing on line miles of sidewalks and curbing; additional streetlights; new parks and park facilities; new Fire Station facilities, etc. However, maintenance of the capital investments competed with General Fund services and routine maintenance, with the result that funding levels did not provide for major capital renewal and replacement projects. To ensure that renewal and replacement of General Fund assets are funded and addressed when needed, in FY 2004105, the City of Miami Beach established a dedicated millage for renewal and replacement funding to be used for capital projects that extend the useful life of the city's General Fund assets to be used exclusively to provide for renewal and replacement of capital items related to our facilities and infrastructure over and above routine maintenance. The FY 2011112 proposed dedicated millage of 0.1083 mills is projected to generate $1,755,752 for the General fund Capital Renewal and Replacement Fund. In addition, based on the ongoing review of projects funded in prior years, approximately $1.3 million has been identified for recapture for funding General Fund renewal and replacement projects. The Administration recommended that the "recaptured" funding be used over the next 3 years, resulting in a total of $2,190,357 available for funding FY 201 1/12 General Fund renewal and replacement projects. Chairperson Weithorn asked how the project cost was determined. Duane Knecht, Property Management Division Director, stated that the costs come from the FCI database, which is the national cost for repair and maintenance. Commissioner Libbin asked if the replacement of the AIC units at the Byron Carlyle could be funded by the renewal and replacement funds rather than by Quality of Life funds. The Committee recommended funding the Byron Carlyle of AIC units from renewal and placement. The Committee asked for a Letter to Commission (LTC) of the Quality of Life projects for the past two (2) years as well as FY 201 1112. 6 The Committee recommended funding the proposed FY 2011112 Renewal and Replacement projects listed. 4. Proposed lnformation and Communications Technology Fund Projects Staff is to provide a reconciliation of the lnformation and Communications Technology Fund. Budget & Performance Improvement Director Kathie Brooks presented the item. In FY 2005106, the adopted work plan and budget for the General Fund included funding specifically for lnformation and Communications Technology Projects. Each year, departments propose projects which are then reviewed and prioritized by the lnformation and Communications Technology Committee comprised of the Assistant City Managers, the Chief Financial Officer, the Director of Budget and Performance Improvement, the Human Resources Director, the Special Assistant to the City Manager, and the Director of lnformation Technology. The City's General Fund proposed FY 2011112 budget includes a transfer of $715,000 to the lnformation and Communications Technology Fund. Chairperson Deede Weithorn asked how much was normally spent. Ms. Brooks stated that approximately $700,000 is normally spent. Chairperson Weithorn then asked how much was in the fund. Ms. Brooks stated that she did not have that information presently but will be provided the Committee with a reconciliation of the lnformation and Communications Technology Fund. Staff is to provide a reconciliation of the lnformation and Communications Technology Fund. 5. FY 2011112 Capital Projects Update The Committee: recommended removing the landscaping and benches that were a part of the Normandy lsle Neighborhood ROW Phase II project requested a follow-up LTC regarding the accountability issues for the Normandy lsle Neighborhood ROW Phase II and Normandy Shores Neighborhood ROW Phase ll projects recommended that the neighborhood parklstreet-ends bus bench issue be brought to the Neighborhood/Community Affairs Committee recommended appropriating the funding for a skate park project with the location to be determined at a later date The Committee discussed Letter to Commission (LTC) 193-201 1. The Committee recommended removing the landscaping and benches that were a part of the Normandy lsle Neighborhood ROW Phase II project; requested a follow-up LTC regarding the accountability issues for the Normandy lsle Neighborhood ROW Phase ll and Normandy Shores Neighborhood ROW Phase II projects; and recommended that the neighborhood parklstreet-ends bus bench issue be brought to the Neighborhood/Community Affairs Committee. The Committee then discussed including a skate park as a capital project. Commissioner Jerry Libbin asked that the funding for the skate park be appropriated. Commissioner Ed Tobin requested that Staff review with him how the cost for the skate park was determined. Chairperson Deede Weithorn was concerned about the proposed location, North Shore Open Space Park. The Committee recommended appropriating the funding for a skate park project with the location to be determined at a later date. 6. Other Pending Budget Items a. Request from June 23, 2011 Finance and Citywide Projects Committee Meeting ACTION The Committee recommended that the Administration continue to explore the issue regarding the requirement for Emergency Medical Technician (EMT) certification for current and new Lifeguards and Pool Guards in the Communications Workers of America (CWA) contract. The Committee asked that staff submit a report on who would be affected by the expiration of longevity pay. Human Resources Director Ramiro lnguanzo stated that one of the issues raised by the CWA is the expiration of the EMT certification pay for current Lifeguards and Pool Guards effective September 30, 2012 as well as the provision in the current CWA contract which requires all current and newly hired Lifeguards and PoolGuards to obtain the EMT certification. City Manager Jorge Gonzalez stated that current discussions are taking place as to whether or not this should be required or if perhaps if it should just be a requirement for promotional positions. The Committee recommended that the Administration explore the issue further. Mr. lnguanzo stated that another issue the CWA has raised is that since Lifeguard I, I1 and Lieutenants are now also in a pay for performance plan (instead of the automatic step plans they were in prior to September 30, 2010) the longevity pay they had been receiving will cease on September 30, 2012. Discussion ensued. Since the issue did not affect the FY 201 1/12 budget, the Committee asked that staff submit a report on who would be impacted by the elimination of the Longevity pay. @ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov COMMITTEE MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission From: Jorge M. Gonzalez, City Manage Date: September 14, 201 1 V Subject: REPORT OF THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE MEETING OF July 11,2011 The meeting was called to order at 5:47 p.m. Please note: These minutes are not a full transcript of the meeting. Full audio and visual record of this meeting available online on the City's website: http:// www.miamibeachf1. gov/video/video. as0 I. ATTENDANCE See attendance sheet copy attached. 2. REVIEW AND ACCEPTANCE OF MINUTES 5:47 Minutes from the April 11, 201 1 ClPOC meeting were not included in the agenda packet. There was no quorum for the May 9, 201 1 ClPOC meeting, therefore approval of minutes from the April I I, 201 1 meeting are still pending approval. ACTION ITEM: Include a copy of the corrected April 1 1, 201 1 meeting minutes in the September 12 ClPOC agenda packet for review by Committee. Report of the Capital lmprovement Oversight Committee Meeting of May 9, 201 I MOTION: Acceptance of Minutes of the May 9,201 1 ClPOC Meeting. Changes requested to minutes (clarify paragraph on diesel vs. natural gas generator power) MOVED: (as amended) C. Cuervo 2nd: D. Kraai PASSED: Unanimous 3. PRESENTATION 5:48 Certificate of A~~reciation to Daniel Veitia For His Assistance With Communitv Outreach Saul Gross acknowledged that Mr. Veitia works very hard on behalf of the community, especially in North Beach. Fernando Vazquez, Director, Office of Capital lmprovement Projects, explained that Mr. Veitia was being recognized because of his assistance to the Office of Capital lmprovement Projects in disseminating information to residents along the Indian Creek, Dickens Avenue and Byron Avenue corridor that would be affected by the ARRA project. This is an area that is difficult to reach through typical outreach efforts. Although the information about the project and the community meeting for the project was sent out via advertisement in the Miami Herald, list-serve email and to surrounding HOA leadership, the core area was not likely getting the information because the multi-family units are not represented by any neighborhood association. 1 Agenda Item C6F Date ?-/p-// CPOC MEETING MINUTES, July 11,201 1 Page 2 of 8 Mr. Veitia volunteered to walk the corridor with the project manager and PI0 and to hand-deliver flyers with information. He spoke with residents along the way, inviting them to the community meeting and telling them where they could get further information. Daniel Veitia thanked the Committee, and said he was happy to assist in getting the word out as well as advocate for the right improvements. He took the opportunity to mention that he was also happy with the progress the City was taking in approving the budget for work in the north part of Normandy Isles for work that the community had been expecting because it was originally included in the BODR for the Normandy Isle Right of Way project. with Aaron ~innes,-the senior-capital Projects coordinator-who is working on the Flamingo Neighborhood improvements and with Rick Saltrick, Acting City Engineer. He also attended the first round of budget hearings for the Capital Program, which included a request for funding for 6 and 16 Streets. Both the items are supported by the FPNA. He added that he hopes that the requests will be advanced, as the neighborhood is looking forward to the upgrades. Rick Saltrick gave an update on the status of the City's Stormwater Master Plan (the findings of this plan will affect the implementation of the improvements in the Flamingo Neighborhood). The Public Works Department received a first draft of the Master Plan on July 1, 201 1. As of the ClPOC meeting, there was a meeting scheduled for July 13 with the representatives of CDM, the engineering firm preparing the plan, to go over items that Mr. Saltrick deemed were missing or otherwise needed addressing. He clarified, as requested by the Chair, that this meeting addressed the entire citywide package, but that particular attention is being paid to the Flamingo portion. The City directed CDM to go into detail in that area, in the effort to include drainage improvements proposals from the consultant in the design package (which constitutes a re- design) for that neighborhood. Dwight Kraai clarified that the Flamingo design is being "pushed forward" faster under the Master Plan so that it can be incorporated into the existing design for the Flamingo neighborhood. Saul Gross asked about the timeframe for construction in the Flamingo Neighborhood. Mr. Saltrick responded that there are about six or seven different packages in design so that when the construction begins, it is phased so as to minimize the impact to residents. Assistant City Manager, Duncan Ballantyne, added that an LTC was being drafted that would answer many of the questions about this project, and specifically the funding for 6 and 16 Streets, as this was requested by Commissioner Weithorn at the last Finance and Citywide Projects Committee meeting. Rick Kendle asked about the condition of some aging drainage culverts. Rick Saltrick replied that they do not need to be replaced, but will need to be augmented as part of the project. FDOT is building three massive pump stations on Alton Road and this is being considered in the design for the Flamingo neighborhood. Mr. Kendle added that the sidewalks in the original plans are narrow and may not meet certain code requirements. He asked to submit some comments that sidewalks would be at least six feet wide. Mr. Saltrick and Mr. Russ both acknowledged that this is included, with the exception of a portion of Euclid Avenue. Dwight Kraai asked if the City is purchasing the computer program for stormwater modeling and if staff was being trained in this program. Mr. Saltrick responded affirmatively. ACTION ITEM: Place status of Flamingo Park project on the September ClPOC agenda. F:\CAPl\$all\Cornrn. & CIPOC\Cornrnission Iterns\201 l\SepternberWuly 12 Meeting Minutes .docx CIPOC MEETING MINUTES, July 11,2011 Page 3 of 8 ACTION ITEM: Include status of Stormwater Master Plan on September CIPOC agenda. Include what is being recommended to Commission for Capital Improvements for the Flamingo neighborhood (for both the project and what is recommended under the Stormwater Master Plan). Venetian Island Neighborhood Improvement Project 6:06 See below under Old Business. A significant number of Venetian Island Residents were in attendance and representatives of the County were also present for this item, so it was taken under PUBLIC COMMENTS. 5. COMMISSION ITEMS 6:33 Fire Station #2 Contingencv Increase CIP is requesting an increase in the contingency funds for the Fire Station #2 renovation project. Examination of the existing structure showed that there is considerable spalling in the concrete of the beams and there is exposed rebar. The request is for an additional $415,000 for repairs. Saul Gross asked if the pricing was based on research of competitive costs in the industry. The Architect of Record quantified the results and provided the price. Todd Tragash, STA Architectural Group, explained that the rates are competitive and further explained how the inspector is systematically evaluating the condition of the joists and beams. Dwight Kraai asked what the original bid for the project was. The original bid was a low bid in , November 2009 and came in at $1.6 million. Bert Cabanas explained that this was well below the allocated Capital Budget, and with the additional request for funding to mitigate the spalling, the cost still falls within the allocated budget. Rick Kendle asked why the City did not see the extent of the spalling early in the project and compared this project to the conditions at the Normandy Shores Golf Club. Bert Cabanas referred to the handout pictures that showed the extent of spalling and explained that the spalling was discovered after demolition was started. Saul Gross suggested that in the future, it could be prudent to bid construction after demolition so that it can be determined what spalling mitigation would cost and the City could avoid having to seek extra contingency. Stacy Kilroy continued the discussion, suggesting that when working with historic preservation, as is often done in the City of Miami Beach, that future projects look to the potential of discovering damage like this and make sure that projects are budgeted accordingly. MOTION: Recommend approval of the contingency increase of $415,000 for the Fire Station #2 project. MOVED: S. Kilroy 2"d: R. Kendle PASSED: Unanimous Sunset Islands I & I1 6:42 CIP is seeking an approval by Commission of the contract award and an executed agreement with David ~ancini &-sons, lnc. (DMSI) for the Sunset Island I & II Neighborhood Project, at a not-to-exceed grand total of $6,172,145. The technical review panel met on June 4, 201 1 and selected DMSI. Staff hired an independent construction estimator whose evaluation of the cost is in line with the engineer's estimate of cost. Staff is comfortable with the cost, but is also in the process of continuing additional value engineering. Maria Hernandez, Senior Capital Project Coordinator, reported that the work that had begun on outfalls 1 & 2 (a separate project) in the Spring was nearing completion. Heavy rains the week prior were well handled by the new outfalls. F:\CAPl\$all\Comm. & CIPOC\Commission Items\201 l\September\July 12 Meeting Minutes .docx ClPOC MEETING MINUTES, July 11,2011 Page 4 of 8 The majority of the bids that came in were close in price. The technical review panel selected DMSl unanimously. William Goldsmith, resident of Sunset Island II, was in attendance at the technical review panel evaluation and spoke at the ClPOC meeting. He is in agreement with the packet of information that is being presented to Commission. He mentioned that he received information from the Public Works Department that the sanitary sewer liner had not been completed and asked that this be completed prior to the project commencement. He is also asking for the underground utility effort to move forward, including natural gas, and thanked City staff for their efforts. There is some work that the HOA has to do toward this issue. Saul Gross asked if Mr. Goldsmith was satisfied with the cost proposal. He replied that he was happy with the way the technical review panel had done the evaluation. He said that he had anticipated $500 per lineal foot and that the price had come in close to that, adding that the current price of fuel adds to some of the costs in the bids. There is a possibility that additional value engineering can bring the final cost down. Rick Kendle asked about the difference in how the road reconstruction was being handled from early in the plans until now. Mr. Goldsmith said that the original proposal was simply for a I inch overlay of asphalt, and now the project scope includes roadway reconstruction, including the sub- grade, not just resurfacing. Overall, Mr. Goldsmith feels that the proposed project now meets all the needs of the neighborhood. Rick Kendle addressed the issue of the possibility of using C-900 piping as a way to address cost control. He cautioned that he knew of other cities that had installed C-900 and were now involved in subsequent costs for repairs and even law suits. He stated that he was happy that the Public Works Department is carefully evaluating the use of this material. Mr. Goldsmith said that he was not sure that this project would use the material. Eleanor Carney expressed concern that this contractor is a new contractor and will be working on concurrent projects (they were also awarded the Biscayne Point neighborhood project). Maria Hernandez replied that yes, they would be working on two projects at once. The key, Ms. Hernandez said, is the people, not the company. The core people from DMSl were part of the project teams for some of the most successful right of way projects in the City. They performed the best at the technical review panel. Eleanor Carney also mentioned the issue vibrations caused by equipment such as vibratory rollers. Fernando Vazquez and Maria Hernandez assured her that monitoring and level limitations are included in the contract. MOTION: Recommend Commission approval of the contract to DMSI. MOVED: R. Kendle 2nd: E. Camargo PASSED: Unanimous Bayshore - Atkins RPR & CH2MHill Services 7:11 pm Plans are being finalized toward retention of construction services for two Bayshore neighborhood projects: Lower North Bay Road and Central BayshoreILake Pancoast Neighborhood Improvements. Staff is asking for additional construction administration services for CH2MHil1, the Engineer of Record and is also seeking an executed agreement with Atkins for Resident Project Representative Services. There are two items to go before Commission. CH2MHill is limited to design services and to be the certifier of any plan modifications, as per Florida Law. This brought the cost down by over 50%. The Resident Project Representative is F:\CAPl\$all\Cornrn. & CIPOC\Cornrnission Items\201 l\SeptemberWuly 12 Meeting Minutes .docx 148 ClPOC MEETING MINUTES, July 11,2011 Page 5 of 8 the professional out in the field to oversee the construction. The cost for this service on this project equals about 3%. (Dwight Kraai asked if an RPR is included in the Sunset Harbor Garage project. Aaron Sinnes, Senior Capital Project Coordinator for the Garage project answered that for vertical construction, the City employs a Threshold Inspector, provided by the EOR. Mr. Kraai is concerned that work had started at 7 a.m., which is too early. The contractor is allowed to start at 8 a.m. Mr. Sinnes will look closer into the practices of this contractor to make sure they are in compliance.) MOTION: Recommend Commission approval of the amendments. MOVED: S. Kilroy 2nd: R. Kendle PASSED: Unanimous Indian Creek Improvements 7:16 This item is being reviewed and will not be presented to Commission at the next meeting, but will go to Commission once complete. These are all of the pending close out items needed in order to complete the Indian Creek project. 6. REQUESTED REPORTS 7:19 Status Report on Lower North Bav Road Neilahborhood . CH2MHill is completing revisions and Public Works needs to review. The City is moving forward to begin construction. William Goldsmith stated that he requested the plans from CH2MHiI1, but had not received them. A number of requested changes are being implemented, as per City Staff. Mr. Goldsmith wants to go over specific items each month, at the ClPOC meetings, to ensure that CH2MHill is meeting the expected level of service. Janette Fernandez-Arencibia, Capital Projects Coordinator for the Bayshore A&C projects, addressed the roadway reconstruction design. She said that drainage and water line installations will result in having to reconstruct the roadway. Rick Saltrick said that CH2MHill has acknowledged that they have been slow with the re- submittal, indicating that they resurveyed all the encroachments, which was a bigger effort than anticipated. The re-survey was part of the original proposal, therefore it is still included in the cost of professional services from CH2MHiII. The City expects to receive the complete re-submittal by the week of July 18. 7. OLD BUSINESS Status Report: Venetian Island Neilahborhood Improvement Proiect (Taken under Public Comments) koberto Rodriguez, Capital ~rdjects Coordinator, reported that the Invitation to Bid (ITB) would be ready for issuance the following day (July 12). The expectation at the time of the ClPOC meeting is that the evaluation committee for contractor selection would have a recommendation that is to be brought to Commission on September 14, 201 1, and that the first Notice to Proceed (NTP I) could be issued to the selected contractor in November. This schedule coincides with the County work that is currently in progress on the Venetian Causeway, as they are expected to wind down most of the construction activity on the causeway by the end of the year. Eleanor Carney pointed out to Mr. Rodriguez that some of the property owners in the Venetian Islands have driveway aprons that fall within the County's right of way. These were not scheduled for replacement with concrete. The neighborhood is asking that the County replace the aprons with concrete. Saul Gross asked if this was City policy, to replace aprons with concrete. Roberto Rodriguez explained that on Rivo Alto Island, where there are sidewalks, all aprons are to be F:\CAPl\$alRCornrn. & CIPOC\Cornrnission Items\201 l\SepternberWuly 12 Meeting Minutes .docx CIPOC MEETING MINUTES, July 11,2011 Page 6 of 8 replaced with concrete. On DiLido and San Marino Islands, where there are no sidewalks, the project team will follow City guidelines (existing asphalt will be replaced with new asphalt, existing concrete replaced with concrete, pavers removed and reset, etc.) The section on Dilido that has sidewalks will get concrete in the aprons. There will be a communication effort to coincide with this effort. The public will be informed of the intent of the City before work is being done. Eleanor Carney asked if timing will affect any of the funding for the project, since the work will begin after the new fiscal year. Fernando Vazquez clarified that the money for this project comes from dedicated capital funds. Juan Paan, of the Miami-Dade County Public Works Department, said that they are coordinating with the City of Miami Beach. The Notice To Proceed (for the Causeway project) was issued on January 10, 201 1, but they delayed the start of construction until after the ING Marathon, so construction began on January 30. Work is taking place on the Causeway, and on Belle Isle, DiLido Island, Rivo Alto and San Marino. At the time of the meeting, work was 20% complete, which is slightly behind schedule. Work has been opened up on more than one island at a time in order to facilitate catching up to the schedule. Unforeseen circumstances have slowed down the project. They expect to be at 60% completion by the end of October, so that the City of Miami Beach Capital Improvements could begin. Final asphalt, thermal striping, electrical loops for signalization and landscaping will all be done at the end of the County project. -- - Eleanor Carney asked when work would be completed on the north side of the Venetian Causeway. Mr. Paan answered that work on the north side would be completed by the end of the next month (August, perhaps into September) and then work would switch over to the south side and traffic will be transferred. She also asked about signage for the bike lanes, indicating that it is currently a dangerous condition. "Share the Road" signs as well as bike lane indicators have been requested. Rakeshpal Gill, of the Miami Dade County Public Works Department clarified where signs are currently placed and where they will be placed. There are no signs currently westbound. Mrs. Carney also asked that the County look into providing safe areas for pedestrians along the causeway. Dwight Kraai asked about removal of large trees along the causeway, which was information requested in the after-action report. Stephen Duncan, Certified Arborist with Miami-Dade County and Matt Buchol, Landscape Architect with Kimley Horn, the Engineer of Record for the causeway project, spoke about the trees on the causeway. The majority of trees that were proposed to be removed are impacted by the construction; others are exotic trees that have to be removed by order of DERM. The project does consider relocating or replacing trees where possible. New trees to be planted include live oaks, green buttonwood, wax myrtles, orange giger trees and coconut palms in the medians. Some mature trees will be cut down because they were not in a condition to be relocated or there were space restrictions. DERM has jurisdictional authority along the County Right of Way. The City of Miami Beach adheres to DERM regulations for tree removals. Trees that are to be replanted are pruned twice within a certain prescribed amount of time prior to relocation. Some of that has already been done. ACTION ITEM: Have a coordination meeting between the City Arborist, Dr. Chris Latt, the County Arborist and the Landscape Architect and report back to CIPOC on the combined decisions. ACTION ITEM: Inform the neighborhood about the tree removal and relocation process and what to expect. Stephen Duncan indicated that the County had done some outreach efforts to inform the community about the trees, including a public meeting. F:\CAPi\$all\Comm. & CIPOC\Commission Items\2011\September\July 12 Meeting Minutes .docx CIPOC MEETING MINUTES, July 11,2011 Page 7 of 8 Debbie (?), a Venetian Island resident expressed a concern about planting coconut palms because of the danger of fallen fronds. Mr. Paan answered that the County is responsible for the maintenance of the palms in the median and will clean the dead fronds and remove fallen fronds from the median, and will prune the palms as early as possible to avoid too many fallen fronds. ACTION ITEM: Have Chris Latt discuss suitability of coconut palms with County officials at the afore-mentioned meeting. Greg Carney, Venetian Island Homeowner Association President, asked about plans to keep planted trees alive once they have been planted. There is a warranty of one year once the project is complete as well as a maintenance schedule. ACTION ITEM: Bring a report back to CIPOC from the meeting with the arborists and be sure to include information on the white fly infestation as well and how this affects planned plantings on the Venetian Islands. Status Report: Sunset Islands Ill & IV 7:29 Mattie Reyes, Senior Capital Projects Coordinator, said that soil borings had been taken and staff was awaiting results from the geotechnical review. Staff is discussing bidding the project as a Design-Build. There may be an RFQ or a modification to the existing CH2MHill drawings that are at early stages. This requires some discussion with the Legal Department. Peter Luria, Sunset Ill & IV HOA Board Member, indicated that there is an error in minutes of the status report. He clarified that the HOA voted that the streets will be configured as one-way. Mattie Reyes stated that the status report represents the status at the time of the discussions and the Board had informed CIP of the decision later. The minutes of the status report will reflect that mentioned. The County had suggested a traffic round-about at the entrance, and the HOA has asked that this be incorporated into the plans. There is also an issue to be included that addresses the lack of sidewalk at certain areas. Mr. Luria also indicated that the HOA does not want to proceed with roadwork improvements unless conduits are installed for undergrounding of utilities. ACTION ITEM: Coordinate with Public Works to address the HOA concerns, and also to include a report back on the status of the discussion with FPL on the sub-canal undergrounding. Staff is seeking to reach an agreement with CH2MHill as soon as possible so that the City can proceed with completing a Design Criteria Package. This will address many of the concerns of the HOA. The HOA is requesting finance information from the Finance Department in order to evaluate how to proceed. ACTION ITEM: Set up a meeting with Mr. Luria to discuss the finance issues. Mr. Goldsmith agrees with Fernando Vazquez's approach to give CH2MHiII a cut-off date to present a completed package, either 30% plans or a DCP. Rick Kendle stated that he opposes the City paying $50,000 toward the guard gate. Saul Gross said that the Finance and Citywide Projects Committee approved it, and the decision has already been made. F:\CAPl\$all\Comm. & CIPOC\Commission Items\201 l\Septernbehluly 12 Meeting Minutes .docx ClPOC MEETING MINUTES, July 11,2011 Page 8 of 8 Discussion: 750 Dwight Kraai asked about the right time for the Committee to get involved in a project. He specifically asked about the plan to build a plant to reconstitute wastewater for irrigation. Public Works held a preliminary public meeting about the topic, but no one at the ClPOC meeting had information. ACTION ITEM: Public Works to bring information about what was discussed at the public meeting. Mr. Kraai also lamented that the ClPOC was not involved in the Convention Center Improvement project. Saul Gross explained that there are no definitive plans yet and that there is a separate Convention Center Construction Oversight Committee. The meetings are open to the public, if they are still meeting. He also inquired about the status of the I & I study. ACTION ITEM: Public Works to bring back information, to include a report about a sewer system evaluation survey and when that would be conducted. Mr. Kraai asked if the contract with CDM for the South Pointe Booster Pump Station had been - terminated since the project had been put on hold. The answer is that the contract is being terminated. Mr. Kraai questioned how much money had been spent from the contract. He will put the questions in writing and submit via email to CIP for answers at the September meeting. Meeting Adjourned: 7:55 p.m. F:\CAPl\$all\Cornrn. & CIPOC\Cornrnission IternsUOl l\SepternberUuly 12 Meeting Minutes .docx 152 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to apply for and accept seven (7) grants. Key Intended Outcomes Supported: 1) Improve Storm drainage citywide; 2) and 3) Maximize Miami Beach as a Destination Brand and increase satisfaction with the family recreational activities; 4) 5) and 7) Maximize efficient delivery of services; 6) NIA. Supporting Data - 2009 Community Survey: I) 56.3% of residents and 54.7% of businesses rated storm drainage in the City as either fair or poor; 2) and 3) While the majority of respondents suggested "right amount" or "too many", more than one-fifth of all residential respondents reported "too few" "Family friendly activities" (24.6%) and "Cultural activities" (24.1 %) are offered in the City; and more than two-fifths of all business respondents reported "too few" "Family friendly activities" (53.6%) and "Cultural activities" (40.3%) are offered in the City; 4) and 7) The Fire Department has experienced a 5% increase in number of pre-hospital care calls for service from 14,796 in 2000 to 15,482 in 2009; 5) Residential respondents reported "Preventing crime" (44.9%) as one their top three most important areas for the City to address in an effort to improve public safety throughout the City; 6) NIA. Issue: Shall the City support the following funding requests and execute the related agreements? I Item SummarylRecommendation: Retroactive approval is requested to submit grant applications to: 1) Environmental Protection Agency for funding in the approximate amount of $750,000 for stormwater infrastructure improvements; 2) Miami Beach Visitor and Convention Authority in the approximate amount of $45,000 for Sleepless Night 201 I ; 3) National Endowment for the Arts for funding in the approximate amount of $100,000 for Sleepless Night 2012; 4) Department of Homeland Security, State Homeland Security Grant Program for funding in the approximate amount of $9,000 for training for Fire Department staff; 5) Miami-Dade County EMS for funding in the approximate amount of $6,000 for Fire Department Emergency's Emergency Medical Services (EMS) needs; 6) PetSmart Charities@ for funding in the approximate amount of $80,000 for the city's cat spaylneuter program; 7) U.S. Department of Homeland Security, Assistance to Firefighters Grant Program for funding, in an approximate amount of $40,000 for the City's fire-related needs; appropriating the above grants, matching funds, and City expenses related to the above projects; 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 of funds 0 Grant Approximate Amount $750,000 $45,000 $1 00,000 $9,000 $6,000 $80,000 $40,000 Match AmountlCity ExpenselSource $750,000/Previously expended stormwater funds $45,00O/Corporate Support $1 00,000lCorporate Support NIA NIA N/A $1 0,000 Fire Dept.3 proposed FY 201 1/12 Operating Budget Financial # 1 2 3 4 5 6 7 Impact Summary: Grant Name1 Project EPAlCitywide Stormwater VCAlSleepless Night 201 1 NEA Art Works1 Sleepless Night 2012 State Financial Services1 Training MDC EMS1 Fire Rescue Needs PetSmart Charities@/ SpayINeuter Program U.S. Dept. Homeland SecurityIAFG grant City Clerk's Office Legislative Tracking: I Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibea~hfl.~ov COMMISSION MEMORANDUM TO. Mayor Matti Herrera Bower and Members of the City Commission FROM. Jorge M. Gonzalez, City Manager DATE September 14, 201 1 26 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING GRANT APPLICATIONS: I) ENVIRONMENTAL PROTECTION AGENCY FOR FUNDING IN THE APPROXIMATE AMOUNT OF $750,000 FOR STORMWATER INFRASTRUCTURE IMPROVEMENTS; 2) MIAMI BEACH VISITOR AND CONVENTION AUTHORITY (VCA) IN THE APPROXIMATE AMOUNT OF $45,000 FOR SLEEPLESS NIGHT 201 1; 3) NATIONAL ENDOWMENT FOR THE ARTS (NEA) FOR FUNDING IN THE APPROXIMATE AMOUNT OF $100,000 - FOR SLEEPLESS NIGHT 2012; 4) DEPARTMENT OF HOMELAND SECURITY, STATE HOMELAND SECURITY GRANT PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $9,000 FOR TRAINING FOR FlRE DEPARTMENT PERSONNEL; 5) MIAMI-DADE COUNTY EMS FOR FUNDING IN THE APPROXIMATE AMOUNT OF $6,000 FOR FlRE DEPARTMENT EMERGENCY MEDICAL SERVICE (EMS) NEEDS; 6) PETSMART CHARITIES@ FOR FUNDING IN THE APPROXIMATE AMOUNT OF $80,000 FORTHE CITY'S CAT SPAYINEUTER PROGRAM; 7) U.S. DEPARTMENT OF HOMELAND SECURITY, ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $40,000 FOR THE CITY'S FIRE-RELATED NEEDS; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS, AND CITY EXPENSES RELATED TO THE ABOVE PROJECTS; IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE APPLlCATlONSs ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Retroactive approval to submit an application to the Environmental Protection Agency (EPA) in the approximate amount of $750.000, for Stormwater Infrastructure Improvements. The City is requesting funding in the amount of $750,000 for stormwater infrastructure improvements citywide, as part of the Stormwater Master Plan. The program requires matching funds. Matching funds are available from previously expended stormwater infrastructure funding. Commission Memorandum Page 2 The funding request was listed on the City's State legislative priorities approved by City Commission in October 2007 and again in January 2008. This project supports the Key Intended Outcome: Improve Storm drainage citywide. 2. Retroactive approval to submit a qrant application to the Miami Beach Visitor and Convention Authority (VCA) for fundinq in the approximate amount of $45,000 for the City's Sleepless Niaht 201 I event. The VCA provides funding for special events, promotions, activities and festivals which will stimulate tourism for Miami Beach. The Administration proposes submitting an application to the VCA for Sleepless Night 201 1. The goals of Sleepless Night 201 1 are to strengthen South Florida's reputation as a top cultural tourism destination by becoming a major annual signature event, on par with Art Basel Miami Beach and the South Beach Wine and Food Festival; to build arts audiences, increase public awareness of the arts and educate the local arts practitioners; to create community through the shared experience of diverse audiences; to forge dynamic partnerships of artists, arts organizations and public and private industry; and to enliven both culturally and economically the previously depressed final month of hurricane season. " Sleepless Night 201 1 will present over 150 free arts and entertainment offerings at 80 different locations spread throughout the city and the 13-hour night that marks the end of Daylight Savings Time. Included in the event are free museum admissions, indoor and outdoor art installations and performances, architectural tours, dance and dancing, theater, music, slam poetry, film, fashion, acrobatics, comedy and other cultural offerings. Outdoor stages will be erected at 5 locations. The VCA is accepting applications for projects to be held between October 1,201 1- January 31,2012, and the city has applied for funding for this year's Sleepless Night event. This grant requires a $1:$1 match, which will be funded through corporate support for the event. This project supports the key intended outcomes Maximize Miami Beach as a destination brand and Increase satisfaction with family recreational activities. 3. Retroactive approval to submit an application to the National Endowment for the Arts /NEA) for fundinq in the amount of $100.000 for Sleepless Niaht 2012 The National Endowment for the Arts "Arts Works" program encourages and supports artistic creativity, preserves the nation's diverse cultural heritage, and makes the arts more widely available in communities throughout the country. Support is available to organizations for projects that enable arts organizations and artists to expand and diversify their audiences and that provide opportunities for individuals to experience and participate in a wide range of art forms and activities. The NEA program is accepting applications for projects to be held during the 2012 calendar year, and the city has applied for funding for next year's Sleepless Night event. This grant requires a $1:$1 match which will be funded through corporate support for the event. This project supports the key intended outcomes Maximize Miami Beach as a destination brand and lncrease satisfaction with family recreational activities. Commission Memorandum Page 3 4. Retroactive approval to submit an application to the State Homeland Security Grant Program (SHSGP) for funding in the approximate amount of $9,000 for traininq purposes The State Homeland Security grant program provides funds to build capabilities at the state and local levels and to implement the goals and objectives included in state homeland security strategies. At least 25% of these funds must be dedicated towards planning, organization, training, exercise, and equipment activities. The City has applied for funding for specialized training, including Urban Search and Rescue training and Hazardous Materials training in the approximate amount of $9,000. Matching funds are not required for this grant. The project supports the key intended outcome: maximize efficient delivery of services. 5. Retroactive approval to submit an application to Miami-Dade County Emergency Medical Services (EMS) qrant for fundinq in the approximate amount of $6.000 for the City's fire rescue needs -. The Florida Department of Health is authorized by chapter 401, Part 11, Florida Statutes to provide grants to Boards of County Commissioners for the purpose of improving and expanding emergency medical services. These grants are awarded only to Boards of County Commissioners, but may subsequently be distributed to municipalities and other agencies involved in the provision of EMS pre- hospital care. Miami-Dade County makes these funds available to cities within the County. The funds are derived by the state from surcharges on various traffic violations. The Administration has applied for funding in the approximate amount of $6,000. Funding may be used for EMS educational materials, materials, supplies, training, training equipment, technical rescue equipment and reference library materials. This grant does not require matching funds. The project supports the key intended outcome: maximize efficient delivery of services. 6. Retroactive approval to submit an application to PetSmart Charities@ in the approximate amount of $80,000 to fund the citv's cat spaylneuter program. The free-roaming cat grant offered by PetSmart Charities@ is intended to provide funding, strategic planning and mentoring for a comprehensive trap-neuter-return (TNR) program for free-roaming cats. The goal is to build a program that is community-wide in scope, effective in reducing the local feral and stray cat population, efficient in its use of resources, measurable in impact and sustainable over a period of years to come. The city shares the goals of PetSmart Charities@ and is seeking funding in an approximate amount of $80,000 for the spaylneuter program. Funding is requested for a two-year period, $40,000 for each year. The City has been collaborating with the Cat Network for approximately 2 years to address animal issues in the community, namely spay and neutering of pets. Over these years, the City and the Cat Network have held monthly spay and neutering events, yielding an average of 40 surgeries per event. The goal of both the City and the Cat Network is to secure funding to sterilize I000 cats per year. Commission Memorandum Page 4 Matching funds are not required for this program, however, the City has been providing $5,000 a year for spaylneuter services for many years. These funds will continue as an expense for this program, in addition to the grant, if awarded. 7. Retroactive approval to submit an application to Assistance to Firefighters grant program in the approximate amount of $40,000 for the CiWs fire-related needs The primary goal of the Assistance to Firefighters Grant (AFG) is to meet the firefighting and emergency response needs of fire departments and nonaffiliated emergency medical service organizations. Since 2001, AFG has helped firefighters and other first responders to obtain critically needed equipment, protective gear, emergency vehicles, training and other resources needed to protect the public and emergency personnel from fire and related hazards. The AFG funding priorities for Fire Departments are: a) Fire Operations and Firefighter Safety (includes firefighter training, firefighting equipment acquisitions, firefighter personal protective equipment, firefighter wellness and fitness, and modifications to fire stations and facilities); and b) Firefighting vehicle acquisition. This program does not provide funding for -: salaries. The city intends to apply to the AFG program for funding for city projects, for ten (10) Automated External Defibrillators (AEDs) and a Rapid Diver System. The AEDs cost approximately $35,000 and will be placed at locations citywide; and, the Diver System will cost approximately $1 5,000. The total project cost is $50,000. The city is required to provide a non-Federal match of 20 percent of the total project cost. The city will apply for funding in the approximate amount of $40,000; and matching funds in the amount of $10,000 are available from the Fire Department proposed FY 201 1/12 operating budget. This project supports the key intended outcome: maximize efficient delivery of services. CONCLUSION The Administration requests retroactive approval to authorize the City Manager or his designee to submit the following grant applications: 1) Environmental Protection Agency for funding in the approximate amount of $750,000 for stormwater infrastructure improvements; 2) Miami Beach Visitor and Convention Authority in the approximate amount of $45,000 for Sleepless Night 201 1; 3) National Endowment for the Arts for funding in the approximate amount of $100,000 for Sleepless Night 2012; 4) Department of Homeland Security, State Homeland Security Grant Program for funding in the approximate amount of $9,000 for training for Fire Dept personnel; 5) Miami-Dade County EMS for funding in the approximate amount of $6,000 for Fire Department EMS needs; 6) PetSmart CharitiesG9forfunding in the approximate amount of $80,000 for the city's cat spaylneuter program; 7) US Department of Homeland Security, Assistance to Firefighters Grant Program for funding, in the approximate amount of $40,000 for the City's fire-related needs; appropriating the above grants, matching funds, and City expenses related to the above projects; 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 CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING GRANT APPLICATIONS: 1) ENVIRONMENTAL PROTECTION AGENCY FOR FUNDING IN THE APPROXIMATE AMOUNT OF $750,000 FOR STORMWATER INFRASTRUCTURE IMPROVEMENTS; 2) MIAMI BEACH VISITOR AND CONVENTION AUTHORITY IN THE APPROXIMATE AMOUNT OF $45,000 FOR SLEEPLESS NIGHT 2011; 3) NATIONAL ENDOWMENT FOR THE ARTS FOR FUNDING IN THE APPROXIMATE AMOUNT OF $100,000 FOR SLEEPLESS NIGHT 2012; 4) DEPARTMENT OF HOMELAND SECURITY, STATE HOMELAND SECURITY GRANT PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $9,000 FOR TRAINING FOR FlRE DEPARTMENT PERSONNEL; 5) MIAMI-DADE COUNTY EMS FOR FUNDING IN THE APPROXIMATE AMOUNT OF $6,000 FOR FlRE DEPARTMENT EMS NEEDS; 6) PETSMART CHARITIES@ FOR FUNDING IN THE APPROXIMATE AMOUNT OF $80,000 FOR THE CITY'S CAT SPAYINEUTER PROGRAM; 7) U.S. DEPARTMENT OF HOMELAND . SECURITY, ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $40,000 FOR THE CITY'S FIRE-RELATED NEEDS; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS, AND ClTY EXPENSES RELATED TO THE ABOVE PROJECTS; IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE APPLICATIONS WHEREAS, the City is requesting funding in the amount of $750,000 from the Environmental Protection Agency for stormwater infrastructure improvements Citywide, as part of the Stormwater Master Plan; and WHEREAS, the program requires matching funds which are available from previously expended stormwater infrastructure funding; and WHEREAS, the funding request was listed on the City's State legislative priorities approved by City Commission in October 2007 and again in January 2008; and WHEREAS, this project supports the Key Intended Outcome: Improve Storm drainage citywide; and WHEREAS, retroactive approval is requested to submit an application for funds to the Environmental Protection Agency (EPA) in the approximate amount of $750,000, for Stormwater Infrastructure Improvements; and WHEREAS, the VCA provides funding for special events, promotions, activities and festivals which will stimulate tourism for Miami Beach and the Administration proposes submitting an application to the VCA for Sleepless Night 201 1 ; and WHEREAS, the goals of Sleepless Night 201 1 are to strengthen South Florida's reputation as a top cultural tourism destination by becoming a major annual signature event, on par with Art Basel Miami Beach and the South Beach Wine and Food Festival; to build arts audiences, increase public awareness of the arts and educate the local arts practitioners; to create community through the shared experience of diverse audiences; to forge dynamic partnerships of artists, arts organizations and public and private industry; and to enliven both culturally and economically the previously depressed final month of hurricane season; and WHEREAS, Sleepless Night 2011 will present over 150 free arts and entertainment offerings at 80 different locations spread throughout the city and the 13- hour night that marks the end of Daylight Savings Time; and WHEREAS, this grant requires a $1:$1 match, which will be funded through corporate support for the event and this project supports the key intended outcomes Maximize Miami Beach as a Destination Brand and increase satisfaction with the family recreational activities; and WHEREAS, retroactive approval is requested to submit a grant application to the Miami Beach Visitor and Convention Authority (VCA) for funding in the approximate A" amount of $45,000 for the City's Sleepless Night 201 1 event. WHEREAS, the National Endowment for the Arts "Arts Works" program encourages and supports artistic creativity, preserves the nation's diverse cultural heritage, and makes the arts more widely available in communities throughout the country; and WHEREAS, the NEA program is accepting applications for projects to be held during the 2012 calendar year; and WHEREAS, this grant requires a $1:$1 match which will be funded through corporate support for the event and this project supports the key intended outcome maximize Miami Beach as a destination brand; and WHEREAS, retroactive approval is requested to submit an application to the National Endowment for the Arts for funding in the amount of $100,000 for Sleepless Night 2012; and WHEREAS, the State Homeland Security grant program provides funds to build capabilities at the state and local levels and to implement the goals and objectives included in state homeland security strategies; and WHEREAS, the State of Florida is a subgrantee of the Homeland Security Grant program through the Division of Emergency Management; and WHEREAS, the City has applied for funding for specialized training, including Urban Search and Rescue training and Hazardous Materials training in the amount of $9,000; and WHEREAS, matching funds are not required for this grant and the project supports the key intended outcome: maximize efficient delivery of services; and WHEREAS, retroactive approval is requested to submit an application to the State Homeland Security Grant Program for funding in the amount of $9,000 for training purposes; and WHEREAS, the Florida Department of Health is authorized by chapter 401, Part II, Florida Statutes to provide grants to Boards of County Commissioners for the purpose of improving and expanding emergency medical services; and WHEREAS, these funds are derived by the state from surcharges on various traffic violations; and WHEREAS, the Administration has submitted an application for funding in the approximate amount of $6,000. Funding may be used for EMS educational materials, materials, supplies, training, training equipment, technical rescue equipment and reference library materials; and WHEREAS, this grant does not require matching funds and the project -" supports the key intended outcome: maximize efficient delivery of services; and WHEREAS, retroactive approval is requested for the City Manager or his designee to submit an application to Miami-Dade County Emergency Medical Services (EMS) grant for funding in the approximate amount of $6,000 for the City's fire rescue objectives; and WHEREAS, the free-roaming cat grant offered by PetSmart Charities@ is intended to provide funding, strategic planning and mentoring for a comprehensive trap- neuter-return (TNR) program for free-roaming cats; and WHEREAS, the goal is to build a program that is community-wide in scope, effective in reducing the local feral and stray cat population, efficient in its use of resources, measurable in impact and sustainable over a period of years to come; and WHEREAS, the City shares the goals of PetSmart Charities and is seeking funding in an approximate amount of $80,000 for the spaylneuter program. Funding is requested for a two-year period, $40,000 for each year; and WHEREAS, the City has been collaborating with the Cat Network for approximately 2 years to address animal issues in the community, namely spay and neutering of pets and over these years, the City and the Cat Network have held monthly spay and neutering events, yielding an average of 40 surgeries per event; and WHEREAS, the goal of both the City and the Cat Network is to secure funding to sterilize 1000 cats per year and matching funds are not required for this program; and WHEREAS, retroactive approval is requested to submit an application to PetSmart Charities@ in the approximate amount of $80,000 for the City's cat spaylneuter program; and WHEREAS, the primary goal of the Assistance to Firefighters Grant (AFG) is to meet the firefighting and emergency response needs of fire departments; and WHEREAS, the AFG funding priorities for Fire Departments are: a) Fire Operations and Firefighter Safety (includes firefighter training, firefighting equipment acquisitions, firefighter personal protective equipment, firefighter wellness and fitness, and modifications to fire stations and facilities); and b) Firefighting vehicle acquisition; and this program does not provide funding for salaries; and WHEREAS, the City intends to apply to the AFG program for funding for city projects, including but not limited to Automated External Defibrillators (AEDs) and other fire equipment and will apply for funding in the approximate amount of $40,000; and WHEREAS, the grant requires city to provide a match of 20% of the total project cost, the source of matching funds will be the Fire Department's FY 201 1/12 proposed operating budget; and, WHEREAS, this project supports the key intended outcome: maximize efficient delivery of services; and / - WHEREAS, retroactive approval to submit an application to Assistance to Firefighters grant program in the approximate amount of $40,000 for the City's fire- related needs. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH hereby retroactively approve and authorize the City Manager or his designee to submit the following applications: 1) Environmental Protection Agency for funding in the approximate amount of $750,000 for stormwater infrastructure improvements; 2) Miami Beach Visitor and Convention Authority in the approximate amount of $45,000 for Sleepless Night 201 1; 3) National Endowment for the Arts for funding in the approximate amount of $100,000 for Sleepless Night 2012; 4) Department of Homeland Security, State Homeland Security Grant Program for funding in the approximate amount of $9,000 for training for Fire Dept personnel; 5) Miami-Dade County EMS for funding in the approximate amount of $6,000 for Fire Department EMS needs; 6) PetSmart for funding in the approximate amount of $80,000 for the city's cat spaylneuter program; 7) U.S. Department of Homeland Security, Assistance to Firefighters Grant Program for funding, in the approximate amount of $40,000 for the City's fire-related needs; appropriating the above grants, matching funds, and City expenses related to the above projects; 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 ,2011 ATTEST: MAYOR CITY CLERK APPROVED AS TO JMG/KGB/JMH FORM & LANGUAGE T:\AGENDA\2011\9-14-1 l\Grants Reso.doc & FOR U(ECUTiON THIS PAGE INTENTIONALLY LEFT BLANK C7 - Resolutions C7B A Resolution Approving And Authorizing The City Manager Or His Designee To Execute An Agreement, On Behalf Of Mount Sinai Medical Center Of Florida, Inc., (Mount Sinai) With The State Of Florida, Division Of Emergency Management, For Federal Funding From The U.S. Department Of Homeland Security, Federal Emergency Management Agency (FEMA), In The Amount Of $750,000 For Mount Sinai's Installation Of A Generator, Fuel Tank, And Transfer Switches At Its Gumenick Ambulatory Surgical Center; Further Authorizing The City Manager To Negotiate And Execute A Memorandum Of Understanding Between The City And Mount Sinai Regarding Mount Sinai's Installation Of The Aforestated Generator, Fuel Tank, And Transfer Switches, Pursuant To State Of Florida Division Of Emergency Management (DEM) Contract Number 12DM-5F- 11-23-02, And Including Provisions Pertaining To Payment, Reimbursement And A Full Indemnification And Hold Harmless From Mount Sinai In Favor Of The City; And Further Approving And Authorizing The Execution Of A Letter Of Agreement Between The City And The State Of Florida, Agency For Health Care a Administration, For Remittance Of Funds, In An Amount Up To $750,000, To The State Of Florida, Agency For Health Care Administration, As An Intergovernmental Transfer For The Provision Of Medicaid-Funded Health Services To The Community. (Budget & Performance Improvement) (Memorandum & Resolution to be Submitted in Supplemental) Agenda Item C7B Date */4-// ! 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, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with James B. Pirtle Construction Co., Inc., in an amount not to exceed $44,713 for Pre-Construction Services for the Construction of the Property Management Facility, pursuant to Request for Qualifications No. 21-101 1 and, upon completion of Pre-Construction Services, authorize the City Manager to enter into negotiations for a Guaranteed Maximum Price (GMP) for Construction Services and to further seek authorization and approval from the Mayor and City Commission, to execute an Agreement approving the GMP with previously appropriated funding from the 2003 GO Bonds-Neighborhood Improvement Fund. Key Intended Outcome Supported: Ensure well-maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community satisfaction survey indicates that 87% of Mid Beach and Islands residents rate the appearance and maintenance of the City's public buildings as Excellent and Good. Issue: Shall the Mayor and City Commission adopt the Resolution? AGENDA ITEM c7c Zi?EZ Item SummarylRecommendation: The scope of work for this project consists of the demolition of the existing Parking Department Meter and Sign Shop located at the existing City Facility on 1833 Bay Road and the construction of the new Property Management Facility at that site. The Construction Manager's at Risk (CMR) Scope of Services shall include, without limitation, all of the Preconstruction Services set forth below and, upon approval by the City of the Guaranteed Maximum Price (GMP) and as contemplated in any GMP Amendment(s), all of the Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver the Project to the City at or below the GMP and within the Contract time. The CMR shall review project requirements, existing on-site and off-site development, surveys and preliminary budget, and make recommendations to the City for revisions. The CMR shall prepare a preliminary project schedule in accordance with the Contract Documents and in coordination with the City and the ArchitectlEngineer, identifying all phases, critical path activities, and critical duties of each of the Project team members. The CMR shall review the permitted set of plans and advise the City and the ArchitectlEngineer regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The CMR shall prepare an outline of proposed bid packages and detailed cost estimates, and advise the City regarding trends in the construction and labor markets that may affect the price or schedule of the Project. The CMR shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided, and the City shall compensate the CMR for such services, based upon a fixed fee. At the conclusion of the Preconstruction Services Phase, the CMR shall, provide the City a proposal for a GMP Amendment for Construction Phase services and without assuming the duties of the ArchitectlEngineer, warrant to the City, that the plans, specifications and other Contract Documents are consistent, practical, feasible and constructible, and that the Project is constructible within the contract time. The Pre-Construction Services fee negotiated with Pirtle Construction Company includes the following services: Design Review, Constructability and Value Engineering of 30%, 60% and 100% construction documents: $13,543 Review of Onsite and Offsite Conditions: $ 3,395 Cost Estimating and Cost Controls: $ 4,805 , Scheduling: $ 1,785 Bidding (GMP Submittal and Negotiations): $ 14,720 E-Builder License (two (2) licenses at $1,200 per license): $ 2,400 Contingency: $ 4.065 Total Pre-Construction Services Fee: $44,713 The Property Management Facility project is currently in schematic design and its estimate of probable constructior cost is $3,608,823. The construction budget for this facility is $3,652,371. 4dvisory Board Recommendation: I NIA I Financial Information: ' Account 384-231 4-061 357 2003 GO Bonds- Neighborhood Improvement Fund Financial Impact Summary: NIA City Clerk's Office Legislative Tracking: I Fernando Vazquez ext. 61 35 Amount $44,713 Source of Funds: GO Bond OBPl ' f Total MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachR.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of ity Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 SUBJECT: 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 A PROFESSIONAL SERVICES AGREEMENT WlTH JAMES B. PIRTLE CONSTRUCTION CO., INC., IN AN AMOUNT NOT TO EXCEED $44,713, FOR PRE-CONSTRUCTION SERVlCES FOR THE CONSTRUCTION OF THE PROPERTY MANAGEMENT FACILITY, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 21-10/11; AND, UPON COMPLETION OF PRE- - CONSTRUCTlON SERVICES, AUTHORIZE THE CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR A GUARANTEED MAXIMUM PRICE (GMP) FOR CONSTRUCTION SERVICES AND TO FURTHER SEEK AUTHORIZATION AND APPROVAL FROM THE MAYOR AND CITY COMMISSIION, TO EXECUTE AN AGREEMENT APPROVING THE GMP WlTH PREVIOUSLY APPROPRIATED FUNDING FROM THE 2003 GO BONDS-NEIGHBORHOOD IMPROVEMENT FUND. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING Funding is available from the previously appropriated funding for the Property Management Facility project in GO Bonds-Neighborhood Improvement Fund, account number 384-2314- 061 357. ANALYSIS The scope of work for this project consists of the demolition of the existing Parking Department Meter and Sign Shop located in the existing City Facility at 1833 Bay Road and the construction of the new Property Management Facility at that site. It is important to note that it is the City's intention to enable the Property Management Division to vacate the Flamingo Park site as quickly as possible in order to implement the Flamingo Park Master Plan that was approved by the City Commission on November 9,2010. On September 09,2009, the Mayor and City Commission approved the issuance of Request for Qualification (RFQ) No. 10-09/10 for the Planning, Design, Bid and Award, and Construction Administration Services for the Property Management Facility Project. On January 04, 2010, RFQ No. 10-09/10 was issued, and on March 01, 2010, the Evaluation Committee ranked Wolfberg Alvarez & Partners as the top-ranked firm. Commission Memorandum - Resolution for Pre-Construction Services to Pirtle Construction Company for the Property Management Facility September 14,201 1 Page 2 of 3 On May 12, 2010, the Mayor and City Commission authorized the Administration to execute an Agreement with Wolfberg Alvarez & Partners for the Property Management Facility Project for architectural, engineering, and landscape architecture services for the Planning, Design, Bid and Award and Construction Administration services for the Project. On February 14, 201 1, the City issued Wolfberg Alvarez & Partners a Notice to Proceed with the Planning Services for the project. On April 13, 2011, the Mayor and City Commission approved the issuance of Request for Qualification (RFQ) No. 21-1011 1 for Construction Manager at Risk (CMR) Pre Construction Services for the construction of the Property-Management Facility located at 1833 Bay Road. On June 7, 201 1, the Design Review Board approved the conceptual design of the Property Management Facility and issued Design Review Board Order File No. 22851. On July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27684, accepting the recommendation of the City Manager, pursuant to Request For Qualifications a (RFQ) No. 21-10111, for a Construction Manager at Risk firm to provide Pre-construction Services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the Property Management Facility; and authorizing the administration to enter into negotiations with the top-ranked firm, Pirtle Construction Company. SCOPE OF WORK The Construction Manager at Risk (CMR) Scope of Services shall include, without limitation, all of the Preconstruction Services set forth below and, upon approval by the City of the Guaranteed Maximum Price (GMP) and as contemplated in any GMP Amendment(s), all of the Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver the Project to the City at or below the GMP and within the Contract time. The CMR shall review project requirements, existing on-site and off-site development, surveys and preliminary budget, and make recommendations to the City for revisions. The CMR shall prepare a preliminary project schedule in accordance with the Contract Documents and in coordination with the City and the ArchitecVEngineer, identifying all phases, critical path activities, and critical duties of each of the Project team members. The CMR shall review the permitted set of plans and advise the City and the ArchitecVEngineer regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The CMR shall prepare an outline of proposed bid packages and detailed cost estimates, and advise the City regarding trends in the construction and labor markets that may affect the price or schedule of the Project. The CMR shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided, and the City shall compensate the CMR for such services, based upon a fixed fee. At the conclusion of the Pre-construction Services Phase, the CMR shall provide the City a proposal for a GMP Amendment for Construction Phase services and without assuming the duties of the Architect/Engineer, warrant to the City that the plans, specifications and other Contract Documents are consistent, practical, feasible and constructible, and that the Project is constructible within the contract time. Commission Memorandum - Resolution for Pre-Construction Services to Pirtle Construction Company for the Property Management Facility September 14,201 1 Page 3 of 3 The pre-construction services fee (See Attachment 1) negotiated with Pirtle Construction Company includes the following services: Design Review, Constructability and Value Engineering of 30%, 60% and 100% construction documents: Review of Onsite and Offsite Conditions: Cost Estimating and Cost Controls: Scheduling: Bidding (GMP Submittal and Negotiations): E-Builder License (two (2) licenses at $1,200 per license): Continnencv: Total Pre-Construction Services Fee: The Property Management Facility project is currently in schematic design and its estimate of probable construction cost is $3,608,823 (See Attachment 2). The construction budget for this facility is $3,652,371. The Schedule for this facility is as follows: Design Starts: September, 201 1 Design Complete: June 7,2012 Commission GMP Awarded: July 2012 Construction Complete: July, 2013 The Administration recommends approval of the attached resolution awarding a professional services agreement to James B. Pirtle Construction Co., Inc., in an amount not to exceed $44,713 for Pre-Construction Services for the Construction of the Property Management Facility, pursuant to Request for Qualifications No. 21-1011, and, upon completion of Pre- Construction Services, authorize the City Manager to enter into negotiations for a Guaranteed Maximum Price (GMP) for Construction Services and to further seek authorization and approval from the Mayor and City Commission, to execute an Agreement approving the GMP with previously appropriated funding from the 2003 GO Bonds-Neighborhood Improvement Fund. Attachment 1 : Pirtle Pre-Construction Services Fee Attachment 2: Wolfberg Alvarez &Partners Estimate of Construction Cost T:\AGENDA\2011\9-14-1 l\Property Management Fadlity\Preconstruction Services for CMR-Pirtle-Prop Mgmt Facility-MEMO.docx Attachment 1 Pid9 Conrmdcm C;~nrpw S7QO Griftin Road, Suit% MO DavL Mefida 33314 Tet 954.9Ft7.M Id h7c: 954.797.4330 August l;t 2011 City d Mfami Capktal hn@rwe-s PrrajecZ.5 CMm lYCM Cbl~,maear Center pWe Ra: Pfqpee9y Management hcdfftv Plrtk ama~~mp Company is gi?&@$d te pr~vida a ptppowl for the Prpprty Management FBEiliW. WQ hawe the -mafia $nd grepaae ~f~v6de the servica &S at& in the CQnOfItet fw the sum Of WJH3.M). 7h~ sepwics w be gxdrfe$ $Ite$p Review, c~:0n@~~tab%ty and Vatue ERgdneem RWew atf On-site i3nd 08. sit@ Qndipicns, ScfaQbbli* GRAP Sarbmjmf and Tree Prunin@. We lacrk &ward te wwkiq witb th @&t!;e barn and provlEfiq a suctdi gF*ctject. If you hawe any qumtions, plttitse 49 hWjBte to amtach me at (9541 J434B6f. SUMMARY OF PRECONSTRUCTION FEE PROJECT NAME: PROPERTY MANAGEMENT FACILITY PROJECT NO: RFQ 27-10/11 1. DESIGN REVIEW, CONSTRUCTABILITY & VALUE ENGINEERING HOURS TOTAL 30% Construction Document Review- Project Executive Review Schematic Design Documents Confirm Project Managers Review Comments Project Meetings- Project Executive 30% Construction Document Review- Project Manager 2 Meetings Review Schematic Design Documents Constructability Analysis Project Meetings- Project Manager 30% Construction Document Review- Project Coordinator Organize Construction Documents Support Team 60% Construction Document Review- Project Executive Review Design Development Documents Confirm Project Managers Review Comments Review and Confirm Plans and Specification Coordination Review and Confirm all Value Engineering Suggestions Project Meetings- Project Executive 60% Construction Document Review- Project Manager Review Design development Documents Review Plans and Specifications for Coordination Constructability Analysis Value Engineering Analysis Project Meetings- Project Manager 60% Construction Document Review- Project Coordinator Organize Construction Documents Support Team 100% Construction Document Review- Project Executive Review Documents Confirm Project Managers Review Comments Confirm Constructability Analysis Project Meetings- Project Executive 100% Construction Document Review- Project Manager Review Documents Constructability Review 2 Meetings 2 Meetings 2 Meetings 2 Meetings Confirm Constructability Analysis Project Meetings- Project Manager 100% Construction Document Review- Project Coordinator Organize Construction Documents Support Team 2 Meetings Blue Prints and Copies 2. REVIEW OF ON-SITE & OFF-SITE CONDITIONS 4 Site Visits Site Visits Construction Staging and Site Management Plan Site Utility Coordination Plan Maintenance of Traffic Plan Project Meeting- Project Executive Project Meeting- Project Manager Project Meeting- Tennis Court Consultants 1 Meeting 1 Meeting 1 Meeting 3. COST ESTIMATING & COST CONTROL Estimating and Cost Control- Project Executive Confirm Project Managers Review,Zomments for Construction Cost Confirm Project Managers Specification Review Confirm Value Engineering Savings Project Meetings- Project Executive 2 Meetings Estimating and Cost Control- Project Manager Review Documents for Construction Costs Review Specifications for Material Costs Confirm Value Engineering Savings Project Meetings- Project Manager 100% Construction Document Review- Project Coordinator Organize Construction Documents Support Team 2 Meetings 4. SCHEDULING Review of Architects schedule Prepare a Baseline Schedule to include: Phasing Critical Path Activities Critical Team Member Duties 5. Bidding (GMP Submittal & Negotiations) Develop & Distribute Subcontractor Bid Packages- Project Executive Review Bidders List for Prequalified Subcontractors Review all Inclusions Develop & Distribute Subcontractor Bid Packages- Project Manager Select Bidders List for Prequalifies Subcontractors Build Inclusion List for all Scopes Develop & Distribute Subcontractor Bid Packages- Project Coordinator Coordinate and Send out Bid Packages Receive and Organize Bid Packages Evaluate Subcontractor Bids- Project Executive Review and Evaluate Project Managers Scoping of Bids lnterview Potential Subcontractor for Completeness Evaluate Subcontractor Bids- Project- Manager Review and Evaluate Bids lnterview Potential Subcontractor for Completeness Evaluate Subcontractor Bids- Project- Coordinator Prepare GMP Proposal Books GMP Negotiation Meeting Project Executive Project Manager 1 Meeting 1 Meeting Advertising Cost 6. E-BUILDER LICENSE 2 Licenses @ $1,200 per license 7. CONTINGENCY TOTAL Attachment 2 1500 San Remo Avenue - Suite 300 Coral Gables, Florida 33146 Estimate of Probable Construction Cost Property Management Facility Miami Beach, Florida I I I I Summary Page 1 RESOLUTION TO BE SUBMITTED COMMISSION ITEM SUMMARY Zondensed 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 a Professional Services Agreement with James 9. Pirtle Construction Co., Inc., in an amount not to exceed $41,710, for Pre-Construction Services for the Construction of the Flamingo Park Tennis Center, pursuant to Request For Qualifications No. 37-1 011 1, and, upon completion of Pre-Construction Services, authorize the City Manager to enter into negotiations for a Guaranteed Maximum Price (GMP) for Construction Services and to further seek authorization and approval from the Mayor and City Commission, to execute an Agreement approving the GMP with previously appropriated funding from the MDC-CDT Interiocal-CDTIRESORT Tax Eligible Fund. Key Intended Outcome Supported: Ensure well designed Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community satisfaction survey indicates that 87.3% of South Beach and Belle Isle residents rate the appearance and maintenance of the City's public buildings as Excellent and Good. Issue: 1 Shall the Mayor and City Commission adopt the Resolution? Item SummarylRecommendation: The scope of work for this project consists of the demolition of the existing tennis center building and courts, and construction of a new 4,232 square-foot one-story tennis center facility and seventeen (17) clay tennis courts, pursuant to the approved master plan (Resolution 2009-27190), inclusive of courts lighting, landscape and irrigation work. The CMR shall review project requirements, existing on-site and off-site development, surveys and preliminary budget, and make recommendations to the City for revisions. The CMR shall prepare a preliminary project schedule in accordance with the Contract Documents and in coordination with the City and the ArchitectlEngineer, identifying all phases, critical path activities, and critical duties of each of the Project team members. The CMR shall review the permitted set of plans and advise the City and the ArchitectlEngineer regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The CMR shall prepare an outline of proposed bid packages and detailed cost estimates, and advise the City regarding trends in the construction and labor markets that may affect the price or schedule of the Project. The CMR shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided, and the City shall compensate the CMR for such services, based upon a fixed fee. At the conclusion of the Preconstruction Services Phase, the CMR shall, provide the City a proposal for a GMP Amendment for Construction Phase services and without assuming the duties of the ArchitectlEngineer, warrant to the City, that the plans, specifications and other Contract Documents are consistent, practical, feasible and constructible, and that the Project is constructible within the contract time. The Pre-Construction services fee negotiated with Pirtle Construction Company includes the following services: Design Review, Constructability and Value Engineering of 100% construction documents: Review of Onsite and Offsite Conditions: Cost Estimating and Cost Controls: Scheduling: Bidding (GMP Submittal and Negotiations): EBuilder License (two (2) licenses at $1,200 per license): Continnencv: Tree p&ning: Total Pre-Construction Services Fee: The Flamingo Tennis Center project achieved a permit from the City's Building Department on April 20, 201 1. Th estimated construction cost of the facility and courts is $5,098,329. The construction budget for the Flamingo Tenni Center Facility is $5,066,296. I I Advisory Board Recommendation: I Fernando Vazquez ext. 6135 I Resort Tax 1 AM1 BEACH ( Tax Eligible Fund. AGENDA ~TEM C 7D DATE OBPl I Total I Financial Impact Summary: NIA City Clerk's Office Legislative Tracking: 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 Manager DATE: September 14, 201 1 M SUBJECT: 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 PROFESSIONAL SERVICES AGREEMENT WlTH JAMES B. PIRTLE CONSTRUCTION CO., INC., IN AN AMOUNT NOT TO EXCEED $41,710, FOR PRE-CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF THE FLAMINGO PARK TENNIS CENTER, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 37-10111, AND, UPON COMPLETION OF PRE- CONSTRUCTION SERVICES, AUTHORIZE THE CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR A GUARANTEED MAXIMUM PRICE (GMP) FOR CONSTRUCTION SERVICES AND TO FURTHER SEEK AUTHORIZATION AND APPROVAL FROM THE MAYOR AND ClTY COMMISSION, TO EXECUTE AN AGREEMENT APPROVING THE GMP WlTH PREVIOUSLY APPROPRIATED FUNDING FROM THE MDC-CDT INTERLOCAL-CDTIRESORT PAX ELIGIBLE FUND. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING Funding is available from the previously appropriated funding for the Flamingo Park Tennis Center project in the MDC-CDT Interlocal-CDTlResort Tax Eligible in account number 388- 2320-061 357. ANALYSIS The scope of work for this project consists of the demolition of the existing tennis center building and courts, and construction of a new 4,232 square-foot one-story tennis center facility and seventeen (17) clay tennis courts, pursuant to the approved master plan (Resolution 2009- 27190), inclusive of courts lighting, landscape and irrigation work. On September 5, 2007, the Mayor and City Commission adopted Resolution No. 2007-26609, approving and authorizing the Mayor and City Clerk to execute an agreement with Wolfberg Alvarez & Partners for professional services for the Flamingo Park Project, pursuant to Request for Qualification (RFQ) No. 15-06/07. On July 14, 2010, the Mayor and City Commission adopted Resolution No. 2010-27427, approving and authorizing the Mayor and City Clerk to execute Amendment No.1 to the agreement. On June 1, 201 1, the Mayor and City Commission approved the issuance of Request for Qualification (RFQ) No. 37-1011 1 for Construction Manager at Risk (CMR) Pre-Construction Commission Memorandum - Resolution for Pre-Construction Services to Pirtle Construction Company for the Flamingo Park Tennis Center Facility September 14,201 1 Page 2 of 3 Services for the construction of the Flamingo Park Tennis Center project located in the Flamingo Park. On July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27685 accepting the recommendation of the City Manager, pursuant to Request For Qualifications (RFQ) No. 37-1011 1, for a Construction Manager at Risk firm to provide Pre-construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the Flamingo Park Tennis Center project; and authorizing the administration to enter into negotiations with the top-ranked firm, Pirtle Construction Company. SCOPE OF WORK The Construction Manager at Risk (CMR) Scope of Services shall include, without limitation, all of the Preconstruction Services set forth below and, upon approval by the City of the Guaranteed Maximum Price (GMP) and as contemplated in any GMP Amendment(s), all of the Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver the Project to the City at or below the GMP and within the Contract time. - The CMR shall review project requirements, existing on-site and off-site development, surveys and preliminary budget, and make recommendations to the City for revisions. The CMR shall prepare a preliminary project schedule in accordance with the Contract Documents and in coordination with the City and the ArchitectlEngineer, identifying all phases, critical path activities, and critical duties of each of the Project team members. The CMR shall review the permitted set of plans and advise the City and the ArchitectlEngineer regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The CMR shall prepare an outline of proposed bid packages and detailed cost estimates, and advise the City regarding trends in the construction and labor markets that may affect the price or schedule of the Project. The CMR shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided, and the City shall compensate the CMR for such services, based upon a fixed fee. At the conclusion of the Preconstruction Services Phase, the CMR shall provide the City a proposal for a GMP Amendment for Construction Phase services and, without assuming the duties of the ArchitectlEngineer, warrant to the City that the plans, specifications and other . Contract Documents are consistent, practical, feasible and constructible, and that the Project is constructible within the contract time. The Pre-Construction Services fee (See Attachment 1) negotiated with Pirtle Construction Company includes the following services: Design Review, Constructability and Value Engineering of 100% construction documents: Review of Onsite and Offsite Conditions: Cost Estimating and Cost Controls: Scheduling: Bidding (GMP Submittal and Negotiations): E-Builder License (two (2) licenses at $1,200 per license): Contingency: Tree Pruning: Commission Memorandum - Resolution for Pre-Construction Services to Pirtle Construction Company for the Flamingo Park Tennis Center Facility September 14,201 1 Page 3 of 3 Total Pre-Construction Services Fee: $41,710 The Flamingo Tennis Center project achieved a permit from the City's Building Department on April 20, 201 1. The estimated construction cost of the facility and courts is $5,098,329 (See Attachment 2). The construction budget for the Flamingo Tennis Center Facility is $5,066,296. The Schedule for this facility is as follows: Pre-Construction Services Begin: September 14, 201 1 Commission GMP Awarded: December 1 4,20 1 1 Construction Complete: February 14,2013 CONCLUSION The Administration recommends approval of the attached resolution that the approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with James B. Pirtle Construction Co., Inc., in an amount not to exceed $41,710, for Pre-Construction d - Services for the Construction of the Flamingo Park Tennis Center, pursuant to Request For Qualifications No. 37-1011 1, and, upon completion of Pre-Construction Services, authorize the City Manager to enter into negotiations for a Guaranteed Maximum Price (GMP) for Construction Services and to further seek authorization and approval from the Mayor and City Commission, to execute an Agreement approving the GMP with previously appropriated funding from the MDC-CDT Interlocal-CDTIRESORT Tax Eligible Fund. Attachment 1 : Pirtles Pre-Construction Services Fee Attachment 2: Wolfberg Alvarez &Partners Estimate of Construction Cost T:\AGENDA\2011\9-14-ll\Flarningo Tennis Center\Pre-Construction Services for CMR-Pirtle-I-Flamingo Tennis Center-MEMO.docx Attachment 1 Rde C-ueeion Company 5700 Griffin Roil4 $mi 2W * bvi~, Fbrida 333 14 Tef: 95.4,797.Q410 k 9!54.?97.6330 August U, 201'1 City oP Mbmi Bcwh apitai inaprovamonts Rcjtcts Qffin 1700 Conwntion Centpr Wmi Qeach, FEorEda 33B9 Re: Uarninp Park Tennt gmt~r Praposal Pide Comufeion Company is pied to provide a Prgposat far the Flamingo Park Twis Wtw. We ha- reviwed the d-~& and pro@a& t~ pravide the services as natgd in tire fantract for the sun gf 91,730.00. The services to k prWtded am &sign Review, C~mtruclabili and Valut Engfnwria Rariew d On-Site an$ OR- $&$ ~'~ditions, Scheduling, tW Submittal and Tree Pruning. We IQ& faward to Mng wlth the entire team an$ providing a successful project. If. pru havo any quWom, phase do h1ts1Bte to con- me at {W) 343-6007. 33111 Ellis, via Pre$I#ent SUMMARY OF PRECONSTRUCTION FEE PROJECT NAME: FLAMINGO PARK TENNIS CENTER PROJECT NO: RFQ 37-10/11 1. DESIGN REVIEW, CONSTRUCTABILITY &VALUE ENGINEERING 30% Construction Document Review 60% Construction Document Review 100% Construction Document Review- Project Executive Review Documents Confirm Project Managers Review Comments Confirm Estimating Departments Review Comments Review and Confirm all Value Engineering Suggestions Project Meetings- Project Executive 100% Construction Document Review- Project Manager Review Documents Constructability Analysis Value Engineering Analysis Project Meetings- Project Manager 100% Construction Document Review- Tennis Court Consultants Review Documents Coordinate Lighting Review Tennis Court Construction Technique Coordinate Phasing Project Meetings- Tennis Consultants Construction Document Review- Project Coordinator Organize Construction Documents Support Team Blue Prints and Copies 2. REVIEW OF ON-SITE & OFF-SITE CONDITIONS Site Visits Construction Staging and Site Management Plan Site Utility Coordination Plan Maintenance of Traffic Plan Project Meeting- Project Executive Project Meeting- Project Manager Project Meeting- Tennis Court Consultants 2 Meetings 2 Meetings Z Meetings 4 Site Visits 1 Meeting 1 Meeting 1 Meeting HOURS NIA N/A TOTAL 3. COST ESTIMATING & COST CONTROL 4. SCHEDULING Review of Architects schedule Prepare a Baseline Schedule to include: Phasing Critical Path Activities Critical Team Member Duties 5. Biddina (GMP Submittal & Negotiations) Develop & Distribute Subcontractor Bid Packages- Project Executive Review Bidders List for Prequalified Subcontractors Review all Inclusions Develop & Distribute Subcontractor Bid Packages- Project Manager Select Bidders List for Prequalifies Subcontractors Build Inclusion List for all Scopes Develop & Distribute Subcontractor Bid Packages- Project Coordinator Coordinate and Send out Bid Packages Receive and Organize Bid Packages Evaluate Subcontractor Bids- Project Executive Review and Evaluate Project Managers Scoping of Bids Interview Potential Subcontractor for Completeness Evaluate Subcontractor Bids- Project- Manager Review and Evaluate Bids Interview Potential Subcontractor for Completeness Evaluate Subcontractor Bids- Project- Coordinator Prepare GMP Proposal Books GMP Negotiation Meeting Project Executive Project Manager 1 Meeting 1 Meeting Advertising Cost 6. E-BUILDER LICENSE 2 Licenses @ $1,200 per license 7. CONTINGENCY 8. TREE PRUNING TOTAL Attachment 2 I I NOTE: - I THIS ESTIMATE DOES N,OT INCLLDE ANY COSTS ASSOCIATED WITH CONSTRUCTION PHASlNB ~ucntrcc~ux~ >.,.:,.."d',? &;& ,, . .t...-I.I"..l. {#$@ ...+ if: . &'+,-T,,.,s& - I: ITEM - Summary WOLFBERG ALVAREZ AND PARTNERS 1500 San Remo Avenue - Suite 300 Coral Gables, Florida 33146 Page I I I DESCRIPTION I 1 SUMMARY I I civil I i Architectural & ~tructurall Mechanical - HV~C I Plumbing ! I Electrical I I Musco Lighting system I Landscape and llrrigationl (Allowance) CIGiLLYII%S I SUB-TOTAL $ 2,282,023 $ 1,182,908 $ 76,198 $ 185,464 $ 344,830 $ 608,080 $ 150,000 Estimate of Probable Construction Cost PROJECT SUMMARY I CONSTRUCTION DOCUMENTS PERMIT SUBMITTAL DATE 1 &Mar-I 0 $ 4,829,502 $ 4,346,552 $ 4,672.543 $ 5,022,984 Project No. : Flamingo Park Tennis Center 1 Project Totals Market Conditions 0.90 $ 4 346,552 Contcfs Gnrl Cond 7.5% $ 325,991 OH I Profit - GC 7.5% $ 350,441 Miami Beach, Florida Contin enc g y 0.0% $ - $ 5,022,984 Performance Bond 1.5% $ 75,345 $ 5,098,329 Total Cost $ 5,098,329 I I RESOLUTION TO BE SUBMITTED I THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals for A Design Criteria Professional For The Palm and Hibiscus Neighborhood Right of Way lmprovement Project; Authorizing Negotiations With The Top-Ranked Proposer, Camp Dresser and McKee, Inc (CDM); And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, Corzo, Castella, Carballo, Thompson, Salman, PA (C3TS); And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Calvin, Giordano, And Associates, Inc; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. Key Intended Outcome Supported: I Ensure Value and Timely Delivery of Quality Capital Projects. Maintain City's Infrastructure. I Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Miami Beach Community Satisfactory Survey indicates that 100% of the projects were substantially completed within 120 days of construction schedule. The 2007 Miami Beach Community Satisfactory Survey indicates that 84% of residents and 86% of businesses rated the services as good or excellent for recently completed capital improvement projects. ssue: ----- Shall the Mayor and City Commission Adopt The Resolution? I tem SummarylRecommendation: On June 1,201 1, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 35- 1 10111, for. a Design criteria ~rofessional to prgpsre the design criteria package for the Palm and Hibiscus Neighborhood Right of Way lmprovement Project. RFQ No. 35-1011 1 was issued on June 16,201 1, with an opening date of July 14,201 I. A pre-proposal conference to provide information to the proposers submitting a response was held on June 21,201 1. On July 12,201 1, the City Manager via Letter to Commission (LTC) No. 177-201 1, appointed an Evaluation Committee (the "Committee") which convened on August 4,201 1. BidNet issued bid notices to 342 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices 8472 prospective proposers of which 48 viewed the notice, and 34 local proposers were notified via mail, e-mail, which resulted in the receipt of the five (5) proposals. The Committee was provided with general information on the scope of services, Performance Evaluation Surveys and additional pertinent information from all responsive proposers. .- The Committee was also provided with presentations from all proposers with the intent of focusing the discussion on the Scope of Service relative to these projects and the methodology and approach to be utilized by the proposer in order to represent the City of Miami Beach on said projects. The Committee discussed their individual perceptions of the proposer's qualifications, experience, and competence, and further ranked the proposers accordingly. A motion was presented by Brad Meltzer, amended by Tom Mooney, and unanimously approved by all Committee members to recommend entering into negotiations with the proposers as a result of the overall Committee's rankings: CDM, C3TS, and Calvin, Giordano, and Associates. [APPROVE THE RESOLUTION. Advisory Board Recommendation: OBPl 1 Total I I Financial Information: 1 Financial Impact Summary: I T: Source of Funds: I Amount I - 2 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 City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 35-10111, FOR A DESIGN CRITERIA PROFESSIONAL TO PREPARE THE DESIGN CRITERIA PACKAGE FOR THE PALM AND HIBISCUS NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT, WHICH IS INTENDED TO BE A DESIGN-BUILD CONTRACT; AND TO SERVE AS THE CITY'S REPRESENTATIVE DURING THE - SELECTION OF THE DESIGN-BUILD FIRM FOR THE PROJECT, CONCERNING THE EVALUATION OF THE RESPONSES SUBMITTED BY THE DESIGN-BUILD FIRMS; REVIEW AND APPROVE FOR COMPLIANCE OF THE DETAILED WORKING DRAWINGS FOR THE PROJECT; AND FOR EVALUATION OF THE COMPLIANCE OF THE PROJECT CONSTRUCTION WlTH THE DESIGN CRITERIA PACKAGE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED PROPOSER, CAMP, DRESSER & MCKEE, INC (CDM) ; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WlTH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH THE SECOND-RANKED PROPOSER, CORZO, CASTELLA, CARBALLO, THOMPSON, SALMAN, PA (C3TS); AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH THE THIRD-RANKED PROPOSER, CALVIN, GIORDANO, AND ASSOCIATES, INC; AND FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. Maintain City's Infrastructure. ANALYSIS Midway between Miami and Miami Beach off the MacArthur Causeway are the Palm and Hibiscus Islands of Miami Beach. These islands were created in the early 1920's from sand dredged from the bottom of Biscayne Bay. With views of Miami Beach, downtown Miami, the Commission Memorandum - RFQ # 35-1 0-1 1 for Palm and Hibiscus Design Criteria September 14,201 1 Page 2 Venetian Islands, and the shipping channel to the south, these islands provide the setting for unique and beautiful single-family residential neighborhoods. On May 16, 2001, the City entered into a professional services agreement with EDAW, Inc., pursuant to Request for Qualifications (RFQ) 134-99100, for design and construction services associated with Palm and Hibiscus lslands streetscape projects. On May 3, 2002, the City Commission approved Resolution Number 2002-24853 approving and officially adopting the Basis of Design Report (BODR) for the Palm and Hibiscus lslands Neighborhood Right of Way (ROW) lmprovement Project. The BODR identified the priority improvements that set the goals and objectives for the ROW Improvements project. These improvements include but are not limited to the following: • Enhanced landscaping I irrigation and street lighting • Replacement of existing water main infrastructure • Improved storm water drainage collection and disposal infrastructure including swale restoration, curb and gutter, backflow prevention devices and other facilities • Street resurfacing I pavement markings a Repair and/or extension of existing sidewalks to comply with ADA requirements a Incorporation of traffic calming features, consistent with community preferences On October 11, 2006, the City terminated the referenced professional services agreement with EDAW, Inc. pursuant to resolution Number 2006-26345. EDAW, Inc. submitted the 30% design documents to the City as part of the termination agreement and subsequently the project was placed on hold in order to allow the Palm and Hibiscus residents to reach consensus regarding their desire to underground their electrical services. During this time the Palm-Hibiscus-Star lslands Association (HOA) elected to pursue the creation of a Special Taxing District with Miami-Dade County in order to finance the expense associated with its underground utilities project. At its May 13, 2009 meeting, the City Commission adopted Resolution No. 2009-27065 which endorsed, as required pursuant to section 18-2 of the Miami-Dade County Code, the creation by Miami-Dade County of a Special Taxing District for Palm lsland and Hibiscus Island. specifically, for the undergrounding of overhead utilities. This is subject to and contingent upon compliance with and satisfaction of the requirements for the creation of Special Taxing Districts, as set forth in Chapter I8 of the Miami-Dade County Code. After successful petition drives and various required public hearings, the registered voters elected on December 7, 2010 to move forward with the underground project only for Hibiscus Island. Palm lsland West residents elected not to proceed with the underground project (Palm lsland East already has the undergrounding of the utilities). Recently, the Palm and Hibiscus HOA requested that the City proceed with the Palm and Hibiscus lslands Neighborhood Right of Way (ROW) lmprovement Project and phase the Palm lsland improvements ahead of Hibiscus lsland in order not to continue to delay the capital improvement project due to is undergrounding issue. This will allow the process between the County, FPL and the City to occur concurrently with the preparation of a design criteria package in the hopes that, by the time the project is released for request of proposals to a Design Build Firm, the issue of the undergrounding has been resolved. Commission Memorandum - RFQ # 35-1 0-1 1 for Palm and Hibiscus Design Criteria September 14, 201 1 Page 3 SCOPE OF SERVICES The City requested qualification statements from a "Design Criteria ProfessionalJ1. The purpose of this RFQ is to select the most qualified firm who holds a current certificate of registration under chapter 471 as a registered engineer to practice engineering and who has documented experience in the preparation of design criteria package for public facilities and meets the minimum qualifications described in this document. The selected firm will act as the City's Consultant and shall provide the City a Design Criteria Package for Palm and Hibiscus Island as well as a Master Design Criteria Package to be used as a template for other City horizontal right of way projects. The Palm and Hibiscus Neighborhood improvement project consists of: Landscaping 1 irrigation and street lighting, Replacement of existing water main infrastructure, Improved storm water drainage collection and disposal infrastructure including swale Restoration, curb and gutter and other facilities, Street resurfacing 1 pavement markings, Repair and/or extension of existing sidewalks to comply with ADA requirements, .- ~ lncorporation of traffic calming features, consistent with community preferences and lncorporation and coordination of the undergrounding of utilities including Florida Power and Light (FPL), Atlantic Broadband (ABB) and AT&T. The Design Criteria package at a minimum shall contain concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design criteria package must specify performance-based criteria for the public construction project, including the legal description of the site, survey information concerning the site, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, storm water retention and disposal, and parking requirements applicable to the project. Pursuant to Section 287.055(9)(b), Florida Statutes a Design Criteria Professional who has been selected to prepare a design criteria package for the City is not eligible to render services under a design-build contract executed pursuant to the design criteria package. The basic services provided by the Design Criteria Professional shall include but not be limited to preparation of bidding documents incorporating schematic design, performance specifications and design criteria for the project (the bidding documents shall require compliance with the design criteria by the Design-Build firm awarded this Project) and enforcement of the design criteria including but not limited to notifying the City regarding the Design-Builder's compliance or non-compliance with the requirements of the design criteria. The successful firm will be tasked with the following duties and responsibilities: Task One I: Phase One Schematic 30% The DCP shall become familiar with the Project site through frequent site visits, research, and examination of any record drawings, as applicable, including the attached 30% Schematic Commission Memorandum - RFQ # 35-1 0-1 1 for Palm and Hibiscus Design Criteria September 14, 201 1 Page 4 Phase documents prepared by the City's Public Works Department dated January 10, 2010, the approved Basis of Design Report dated March 21, 2002, the FPL preliminary drawings dated April 11, 201 1 and shall notify the City of any existing site condition omitted from or incorrectly shown on record drawings, as may have been reasonably discovered. Frequent visits shall continue until the DCP is thoroughly familiar with the Project site, problem areas, and existing hazardous conditions, if any. The City will facilitate the DCP's access to the Project site, as needed, for investigative purposes. The DCP shall be responsible to provide the City with the following services as part of this task: Task 1 .I : Evaluate and update the 30% schematic plans dated January 18, 201 0 and compare the scope of work contained therein with the approved BODR prepared by EDAW dated March 21,2002. The DCP is to make any and all revisions necessary to these drawings as requested by the Agencies Having Jurisdiction over the project and incorporate said revisions into the 30% schematic drawings and become the Successor Design Criteria Professional (DCP) 1 Engineering Professional for these documents. The DCP shall identify all the necessary requirements with all applicable agencies having -. jurisdiction over the work and/or utility providers and coordinate the work to make sure that there are no conflicts in the drawings and update the drawings accordingly for the construction of the Project by the Design Builder. Task 1.2: Evaluate the existing ouffalls and ascertain if any upgrades will be required to conform to the proposed storm water system. Task 1.3: Analyze the cost estimates prepared by the City for this Project and provide an updated construction estimate in format provided by the City. Task 1.4: Review and validate the City's proposed Project schedule and construction phasing plan. Task 1.5: Coordinate with FPL, AT&T and Atlantic Broadband (ABB) for conversion of overhead electrical, telephone and cable to underground for the Hibiscus island and incorporate as an Add Alternate to the 30% Schematic Plans. Task 1.6: Update the Public Works Design Standard Manual and incorporate it into the master specifications for the Design Criteria Package. Task I .7: Provide a Phase One Environmental and Provide a Phase Two Environmental if required by DEPIDERM or any other Agency Having Jurisdiction. Task 1.8: Update existing topographic and specific purpose survey provided by the City and prepared by PBS&J dated April 22, 1999. Task 1.9: Provide Geotechnical Soils report as required for the project. Task 1 .lo: Provide Drainage Calculations and preliminary drainage analysis to substantiate proposed 30% storm water design. Task 1.1 1 : Prepare a Traffic Analysis and Assessment. Commission Memorandum - RFQ # 35-10-1 I for Palm and Hibiscus Design Criteria September 14, 201 1 Page 5 Task 1.12: Prepare an Encroachment Analysis and Survey. Task 1.13: Prepare requirements for monitoring for compliance with regard to loading requirements for bridges. Task 1.14: Update the Public Works Manual which contains the City's specification and design standards for work in the right-of-way. This shall be used as the basis of Task 1 .I 5. Task 1.15: Create a "Master Design Criteria" boilerplate package to be re-used by the City for future project specific Design Build projects. Task 1.16: Coordinate and conduct the necessary meetings with appropriate City staff and the Palm and Hibiscus Homeowner's Association to review the proposed scope of work and any other issues that may impact this Project. The DCP shall prepare and distribute minutes of meetings with the City regarding this Project. Task I .I 7: The DCP shall seek approval of the 30% schematic design documents and design A, criteria package including but not limited to the following agencies at a minimum: City of Miami Beach Public Works Department City of Miami Beach Parks Department City of Miami Beach Planning Department Miami-Dade County Water & Sewer Department Miami Beach Fire Prevention Division Florida Department of Environmental Protection Miami-Dade Department of Environmental Resource Management South Florida Water Management District Florida Department of Health Florida Department of Transportation US Army Corps of Engineers US Environmental Protection Agency Task 2: Design Criteria Package Task 2.1: The DCP shall coordinate with the City, as to the methodology, procedures, format and other specifics that the design criteria package shall contain. The DCP shall study all issues and requirements relating to and affecting this Project including, but not limited to, the following: The project requirements and scope as specified in the approved BODR dated March 21, 2002, and the 30% drawings submitted by the Public Works Department dated January 18,201 0. Evaluation of the neighborhood's infrastructure requirements with respect to this project including but not limited to, the existence or lack of the necessary utilities andlor surrounding infrastructure not included in the BODR and the 30% Phase One documents provided by PWD. e Existing as-built drawings, existing utilities plans and/or atlases provided by the PWD, Commission Memorandum - RFQ # 35-1 0-1 1 for Palm and Hibiscus Design Criteria September 14,201 1 Page 6 existing geotechnical reports, and surveys of the neighborhood. The FPL drawings dated April 1 1, 201 1. The ATT drawings dated November 24,2008. Task 2.1: The DCP shall prepare the design criteria package for bidding by incorporating all information as required by the City, and all applicable federal, state, and local codes. The preparation of the design criteria bidding documents shall include, but not be limited to the following: Finalize all design criteria for the Project (clearly defining the entire scope of work to be performed) to be utilized by Design-Build firms to bid, design and construct the Project. The design criteria shall include issues related to infrastructure design analysis of the schematic phase 30% design, performance specifications, and all the requirements from the Agencies Having Jurisdiction over the project as stated in Task 1.17. Preparation, coordination and incorporation of all construction related documents, including front-end documents, specifications, DCP procedural manual, and any other guidelines as required. Coordination of bidding documents and other related deliverables, to ensure consistency of Design-Build bid documents. Preparation of estimate of probable construction cost (Design-Build) based on units (area, volume, etc.) and prepared in CSI format or similar component breakdown for the City's review and approval. The DCP shall consult with the City in preparation of the design criteria bid documents and shall seek approval from all applicable City staff prior to bidding the Project. Task 3: Bidding and Award of Contract Task 3.1: The DCP shall assist the City in obtaining bids and in the award of the Design-Build contract for the work that was bid pursuant to the Design Criteria Contract Documents. At a minimum, the DCP shall: a Distribute bidding documents to design-build entities and maintain log. Conduct and document pre-bid conferences, including minutes of all meetings. Respond to bidder's inquiries. Prepare and issue addenda, clarifications, information bulletins, etc., as approved by the City. a Assist the City in the analysis of bids and in determining the lowest responsive bidder. Make written recommendations to the City on the award of the design-build contract. Task 4: Submittal Requirements During the period of this contract, the DCP shall provide the requisite sets of documents to the City for review at the different levels of completion as determined by the City. The DCP shall submit to the City five (5) complete sets of contract documents, after award of the Construction Contract, including all addenda, for Design-Build contract for signing purposes. Commission Memorandum - RFQ # 35-10-1 1 for Palm and Hibiscus Design Criteria September 14,201 1 Page 7 Task 5: Design-Builder's Design Phase Task 5.1: The DCP shall, at minimum, monitor the Design-Builder's design phase as follows: 5.1.1 The DCP shall instruct the Design-Builder's Engineer of Record (EOR) to prepare all required drawings utilizing CADD (vector format). 5.1.2 The DCP shall instruct the Design-Builder's EOR team of the City's requirements as to the various phases of design and approvals required andlor mandated by the City. 5.1.3 Coordinate and monitor the Design-Builder's design phases (Phase 60% and 100%) and recommend approval or disapproval to the City. 5.1.4 Respond to all inquiries and evaluate alternatives presented from the Design-Builder for compliance with the bidding documents and possible City approval. 5.1.5 Coordinate all stand-up andlor City reviews with the Design-Builder and the City - - or others as required including, but not limited to, the following: City's Public Works Department, City's Parks and Recreation Department, Planning Department, Building Department, Fire Department, DERM, DOH, DEP and any other Agency Having Jurisdiction. 5.1.6 Review all Design-Builder's documentation at all phases of design, submit and obtain review comments and subsequent approvals from the City's consultants andlor departments having the authority to review the Project. 5.1.7 Assist and monitor the Design-Builder's design submittals and subsequent approvals from other agencies having jurisdiction and utility companies having jurisdiction over the Project. By performing reviews, monitoring approvals and making recommendations, as described in Tasks 5.1 .I through 5.1.7 above, the DCP does not assume the Design-Builder's contractual responsibility and professional liability, in whole or in part, for any design andlor contract documents prepared by the Design-Builder's EOR. Task 6: Construction Phase - General Administration of Construction Process Task 6. I : Observation The DCP shall ensure and require that the Design-Builder's EOR team provide construction administration of the construction to ascertain compliance with all approved construction documents. This shall include, but not be limited to construction administration of the Design-Build Construction Contract as set forth in City's agreement with the DCP and in the General Conditions of the Design-Build Construction Contract, unless otherwise provided in City's agreement with the DCP. Commission Memorandum - RFQ # 35-10-1 I for Palm and Hibiscus Design Criteria September 14, 201 1 Page 8 On the basis of on-site observations as the DCP, the DCP shall keep the City and Design- Builder informed immediately in writing of the progress or lack of progress and quality of the construction work ("Work") and shall endeavor to guard the City against defects and deficiencies in said Work. The DCP shall at all times have access to the Work, whether it is in the preparation stage or in progress. The DCP shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Design-Builder's responsibility under the contract. The DCP shall not be responsible for the Design-Builder's Schedules or failure to carry out their Work in accordance with the contract documents. The DCP shall not have control over or charge of acts or omissions of the Design-Builder, subcontractors, or their agents or employees or of any other person performing portions of the Work. The DCP shall receive a look-ahead schedule provided by the Design-Builder, appropriate to the stage of construction, in order to determine potential problems and probable solutions, and report it to City on a regular basis. As part of the DCP's basic services, the DCP shall conduct at least one monthly Project visitlmeeting at the Project site during construction to review the Design-Builder's progress and -- . approve payment requisitions. Moreover, the DCP shall also conduct on-site observation visits during the construction of the Project. Compensation for each authorized site visit shall be determined during negotiations at a lump sum cost per site visit for the DCP (EOR and Engineering consultants). The frequency of the on-site visits will be determined by the City's Projects Manager ("PM") based on the Design-Builder's schedule. The DCP shall provide a report to the PM, in accordance.to the outline shown below for each authorized site visit. Site visits shall mean a visit authorized by the PM to the Project site (of at least one hour duration at the Project site) by one or more DCP professional staff or consultants, for the purposes of observing the Work performed by the Design-Builder. Either the DCP or its consultant(s) shall complete and submit a site visitation report to the PM which shall contain, at a minimum, the following information: Site visitation report number Name and location of Project Name of contractor1subcontractor Time of visitation and weather conditions Project site administrator sign-in and sign-out Site personnel on-site by trade Progress/quality of work by trade Photographic record (if required by the City) Remarks Task 6.2: Progress Reporting The DCP shall prepare a monthly progress report in the format acceptable to the City containing at a minimum the following: Commission Memorandum - RFQ # 35-1 0-1 I for Palm and Hibiscus Design Criteria September 14,201 1 Page 9 Summary Project Data Sheet Executive Summary The status of project items, such as requests for information, change orders, shop drawings, non-compliance notices, and others as appropriate. Task 7: Design-Builder's Submittals The DCP shall review and evaluate samples, schedules, shop drawings, and other submissions for conformance with the Design Criteria and the Design-Build Contract Documents. The DCP's review of any submittal, to the extent of the review required, does not constitute an approval of the entire assembly of which any given item is a part. The DCP shall require the Design-Builder to be responsible for compliance of the shop drawings with contract documents and that the Design-Builder notifies the DCP in writing of any deviation in the shop drawings from contract documents or design criteria. The DCP shall select (after consultation with the City) all colors for all finish materials from their color charts or prepared by the Design- Builder. The DCP shall conduct reviews and evaluations, and respond appropriately with reasonable promptness in order to cause no delay to the progress of the Project, as outlined in the Design-Builder's City-approved submittal schedule. The DCP shall also prepare in a timely - * manner change order items, including the proper documentation, for the City's review and approval. The DCP shall assemble, for transmittal to the City other written items required of the Design-Builder including, but not limited to, shop drawings, guarantees, operation and maintenance manuals, and releases of claim and record documents. Task 8: Substitutions The DCP shall review and evaluate in a timely manner, for the City's review and approval, substitutions proposed by the Design-Builder, for conformance with the Project requirements. The DCP shall establish submittal requirements in accordance with the City's guidelines and incorporate them into the Design Criteria. Task 9: Quality Control The DCP shall evaluate the materials and/or workmanship for conformance with the Design- Build Contract Documents, evaluate quality control testing reports, advise the Design-Builder and the City immediately of any unacceptable materials and workmanship the DCP may discover and ensure that the Design-Builder take appropriate action to remedy unacceptable conditions. Task 10: Agencies Having Jurisdiction (AHJ) - The DCP shall monitor and cooperate with the City's Public Works Department, City's Park's and Recreation Department, Planning Department, Building Department, Fire Department, DERM, DOH, DEP and any other Agency Having Jurisdiction and shall advise the Design- Builder to provide information and explanations as requested. The DCP shall advise the Design-Builder to respond to any deficiencies noted by the AHJ's in the documents and during construction, by administering the necessary changes in the plans or taking the necessary action during construction within five (5) working days from receipt of written notification of the situation by the AHJ. Commission Memorandum - RFQ # 35-1 0-1 1 for Palm and Hibiscus Design Criteria September 14, 201 1 Page 10 Task 11 : Certification for Payments The DCP shall require that the Design-Builder's EOR review and approve all requisitions for payment prior to submitting them to DCP. The DCP shall review the Design-Builder's notarized requisitions for payment, along with the schedule of values, the Project schedule, and other requirements as noted in the construction contract and shall determine the amounts to be paid to the Design-Builder and shall recommend for City's approval certificates for payments in such amounts. These certificates will constitute a representation to the City, based on site observations by all appropriate designated specialists and I or engineering disciplines, and on the data comprising the application for payment, that the Work has progressed to the point indicated. By recommending a certificate for payment consistent with the Design-Build Contract documents, the DCP shall also represent to the City that, to the best of the DCP's knowledge, information and professional judgment, the quality of work is in accordance with the Design- Build Contract Documents, unless the City has been notified to the contrary in writing. However, the issuance of a Certificate for Payment shall not be a representation that the DCP has made any examination to ascertain how and or for what purpose the Design-Builder has used the monies paid on account of the Contract. Before approving the Design-Builder's requisition for payment, the DCP shall review the status of the Design-Builder's record documents and verify that they are up-to-date and accurate to the extent visual observation of the Work will disclose. The DCP shall be responsible for obtaining the contractor and subcontractor's partial releases of lien from the Design-Builder prior to processing subsequent payment applications. The DCP shall process the Design-Builder's requisitions for payment in accordance with the timeliness established in the general conditions of the Design-Build Contract. Task 12: Record Drawings Upon completion of construction, the DCP shall coordinate and require that the Design- Builder's EOR, utilizing record data provided by the Design-Builder along with the EOR's own record data, revise and update the original working drawings showing all changes made by addenda, substitutions, change orders or field instructions during construction, in accordance with the Design-Build Contract. After original working drawings have been updated by the Design-Builder's EOR to conform to the record data, and after review and approval of these record drawings has been obtained from the DCP and the City, the DCP shall require the EOR, at the Design-Builder's expense for duplication, to furnish the City these documents pursuant to the Design Build contract. Task 13: Operations and Maintenance Manuals (O&M) The DCP shall coordinate the acquisition of comprehensive O&M testing reports; trouble shooting procedures; warranty files; starting-up testing procedures; shutdown procedures; training materials; emergency full load and part load operations and others as required. Task 14: Substantial Completion Upon notification from the Design-Builder's EOR that the Project is substantially complete including, but not limited to, the Design Builder's contract and all Regulatory Agency and Life Commission Memorandum - RFQ # 35-10-1 1 for Palm and Hibiscus Design Criteria September 14,201 1 Page I I Safety Standards, the DCP shall promptly do the following: Conduct inspections to determine the date or dates of substantial completion for the Project. If the Project is found substantially complete and in accordance with the Design-Build Contract Documents, the DCP shall then certify that to the best of the DCP's knowledge and professional judgment the Project has been constructed in accordance with the Contract Documents, and shall furnish such other certifications as required by applicable laws or regulations. If the Project is deemed to be incomplete, the DCP shall notify the Design-Builder in writing of the deficiencies and shall verify the Design-Builder's correction of the deficiencies, as required, and shall then certify as stated above. Upon certification by the DCP that substantial completion has been achieved, the City representatives, accompanied by the DCP, shall perform a substantial completion inspection of the Project as outlined in the Design-Build contract. If deficiencies are still found, the DCP shall assemble a punch list of comments from any participants representing the City in the inspection and shall evaluate each comment to determine whether or not they are part of the Construction Contract. Any not-in-contract (N.I.C.) items shall be further evaluated by the DCP and recommendations made to the City by the DCP whether they should be added to the Contract as change orders or be handled by some other vehicle outside the Contract. /. The DCP shall provide to the Design-Builder the official, edited punch list within five (5) working days, and shall verify the correction of in-contract punch list items. Task 15: Final Completion If the DCP finds the Project to be complete and acceptable, the DCP shall obtain the City's approval and advise the Contractor of acceptance and commencement of the warranty period. Task 16: Project Closeout Upon acceptance of the Project by the City as outlined in the Design Build contract, the DCP shall immediately commence the closeout of the Project, finalizing all aspects of the construction phase, including: obtaining from the Design-Builder's EOR all required submittals, such as marked-up record documents, warranties, operating and maintenance manuals, releases of claim; updating and submitting record documents; verifying the Contractor's completion of punch list items; assisting the City with respect to the final inspection by all AHJ's; completing the processing of any remaining contract change orders; evaluating the assessment of liquidated damages, if any, and reviewing and processing final payments to the Design-Builder. Task 17: Additional Services If additional services are required during the performance of the work, they will be requested by the City and negotiated in accordance with the Contract requirements. Task 18: Reimbursable Services The City may reimburse additional expenses such as reproduction costs, underground utility verification costs, material testing / abatement and/or any other service as required for successful project completion. Commission Memorandum - RFQ # 35-10-1 1 for Palm and Hibiscus Design Criteria September 14,201 1 Page 12 RFQ PROCESS On June 1, 201 1, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 35-1011 1, for a Design Criteria Professional to prepare the design criteria package for the Palm and Hibiscus Neighborhood Right of Way lmprovement Project, which is intended to be a design-build contract; and to serve as the City's consultant during the evaluation of the Design-Build firm for the project, concerning the evaluation of the responses submitted by the Design-Build firms; review and approve for compliance of the detailed working drawings for the project; and for evaluation of the compliance of the project construction with the design criteria package. RFQ No. 35-1 011 1 was issued on June 16, 201 1, with an opening date of July 14, 201 1. A pre- proposal conference to provide information to the proposers submitting a response was held on June 21, 201 1. BidNet issued bid notices to 342 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 8472 prospective proposers of which 48 viewed the notice, and 34 local proposers were notified via mail and e-mail, which resulted in the receipt of the following five (5) proposals: ." SRS Engineers, Inc Calvin, Giordano, and Associates, Inc EAC Consulting, Ine * Camp Dresser & McKee, Inc (CDM) Corzo, Castella, Carballo, Thompson, Salman, PA (C3TS) On July 12, 201 1, the City Manager via Letter to Commission (LTC) No. 177-201 1, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: a Ian Kaplan, President of the Palm & Hibiscus Island Neighborhood Association; o Brad Meltzer, resident and President of KM Plaza Construction; o Elizabeth Camargo, resident and Capital lmprovement Projects Oversight Committee (CIPOC) member; e Tom Mooney, Preservation and Design Manager, Planning Department. a Grace Escalante, Senior Capital Projects Coordinator, CIP; Hermes Diaz, Civil Engineer 11, Public Works; and Tim Rose, member of the Palm & Hibiscus Island Neighborhood Association Alternates Thais Vieria, Capital Projects Coordinator, CIP; and Christina Cuervo, Resident and capital lmprovement Projects Oversight Committee (CIPOC) member; The Committee convened on August 4, 2011, and a quorum was attained. The Committee was provided with general information on the scope of services, Performance Evaluation Surveys and additional pertinent information from all responsive proposers. Commission Memorandum - RFQ # 35-1 0-1 1 for Palm and Hibiscus Design Criteria September 14,201 1 Page 13 The Committee was also provided with presentations from all proposers with the intent of focusing the discussion on the Scope of Service relative to these projects and the methodology and approach to be utilized by the proposer in order to represent the City of Miami Beach on said projects. The Committee discussed their individual perceptions of the proposer's qualifications, experience, and competence, and further ranked the proposers accordingly. The Committee's final rankings are as follows: FINAL RANKINGS A motion was presented by Brad Meltzer, amended by Tom Mooney, and unanimously approved by all Committee members to recommend entering into negotiations with the proposers as a result of the overall Committee's rankings: CDM, C3TS, and Calvin, Giordano, and Associates. Furthermore, in abundance of caution and to avoid any potential conflicts, the Evaluation Committee requested that the Administration confirms that the recommended proposer does not have a contract or provide any services to any of the utility companies they will be interacting pursuant to this RFQ. The Administration requested Camp Dresser & Mckee, Inc (CDM) to disclose any agreement or contractual relationship with any of the utility companies involved in this project and CDM provided the following statement: "CDM conducted a query of our projects database for active projects with FPL, AT&T, Bellsouth, or Atlantic Broadband. Our records indicate that we do not have an active project with these entities in Miami-Dade County. Hence, CDM does not foresee any conflict of interest on the Palm and Hibiscus project during the execution of local coordination efforts with these respective utilities. Utility coordination is customary for ROW projects our firm is engaged in. CDM values our long standing relationship with the City and look forward to working on this assignment". Commission Memorandum - RFQ # 35-10-1 1 for Palm and Hibiscus Design Criteria September 14, 201 1 Page 14 CAMP DRESSER & MCKEE, INC (CDM)'S COMPANY FROFILE Camp Dresser & McKee, Inc ("CDM") established in 1947, is a consulting engineering firm delivering service to public and private clients worldwide. An employee-owned corporation with $1.25 billion in annual revenues and a multi-disciplinary staff of nearly 6,000 in 170 offices worldwide. The full range of comprehensive services includes architectural and engineering design, transportation, environmental management and planning, management consulting, information management, and construction. In February of 201 1, CDM acquired Wilbur Smith Associates, Inc (WSA). The integration of CDM and WSA bring together one of the engineering and construction industry's top water and environment firms with an industry leader in transportation. The Miami office has a staff of 15 with a variety of engineering disciplines required for this project. The Orlando office, with staff of over 200, serves as the Southeastern US Design and Production Center and maintains all of the major disciplines that will be required to successfully complete this project. There will be minimal subcontractors and no delayed coordination between engineering disciplines working within a single design center. CDM has -. also implemented a centralized BD facility in their Orlando office, which allows clients to participate in real-time design activities (including 3Dl4D design) and staff during construction. CDM understands the importance of technical expertise and local knowledge for a project such as this one and commit Jason A. Johnson as the project manager. Mr. Johnson has more than 15 years of professional experience in the planning, design, and construction administration of public projects. He is well known to the City staff through his work on numerous projects, including the sanitary sewer evaluation survey, the South Pointe (Coast Guard) wastewater booster pump station, the development of the infrastructure management system, the stormwater master plan, and the water wastewater pump station upgrades. Mr. Johnson will be supported by CDM's Design Criteria Professional, Nickson "Nick Benedico, who has over 20 years of experience in the development and execution of design criteria package and implementation of alternative delivery horizontal infrastructure project. In Florida, CDM has provided design criteria professional services to Pinellas, Hillsborough, Pasco, Bay and Lee Counties, as well as for JEA and the Cities of Tarpon Springs and Dania Beach. The following is a list of previous similar projects: Cooper River Bridge Replacement, Charleston, SC 1-80 from Robb Drive to Vista Boulevard Design-Build Administration, Nevada Milton-Madison Bridge Replacement and Rehabilitation, Milton, KY Florida High Speed Rail General Consultant, Florida ' Early Works Safety Improvements, Florida Rail Enterprise Falkenburg to South County Reclaimed Water Transmission Main, Hillsborough County, FL Sewer System Rehabilitation and 111 Reduction, Miami Beach, FL Water and Wastewater System Rate Study, Miami Beach, FL Stormwater Management Master Plan, Miami Beach, FL Information Management System Development Project, Miami Beach, FL Pump Station Rehabilitation Project, Miami Beach, FL Commission Memorandum - RFQ # 35-10-1 1 for Palm and Hibiscus Design Criteria September 14, 201 1 Page 15 MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission authorize negotiations with the top-ranked proposer, Camp Dresser and McKee, Inc (CDM); and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Corzo, Castella, Carballo, Thompson, Salman, PA (C3TS); and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Calvin, Giordano, and Associates, Inc; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Qualifications (RFQ) No. 35-1011 1 for a Design Criteria / . Professional to prepare the design criteria package for the Palm and Hibiscus Neighborhood Right of Way Improvement Project, which is intended to be a design-build contract; and to serve as the City's representative during the selection of the Design-Build firm for the project, concerning the evaluation of the responses submitted by the Design-Build firms; review and approve for compliance of the detailed working drawings for the project; and for evaluation of the compliance of the project construction with the design criteria package; authorizing negotiations with the top-ranked proposer, Camp Dresser and McKee, lnc (CDM); and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Corzo, Castella, Carballo, Thompson, Salman, PA (C3TS); and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Calvin, Giordano, and Associates, Inc; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. T:WGENDAE011\9-14-1 I\RFO-35-10-11 - Palm and Hibiscus - Memo.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 35-1 011 1, FOR A DESIGN CRITERIA PROFESSIONAL TO PREPARE THE DESIGN CRITERIA PACKAGE FOR THE PALM AND HIBISCUS NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT, WHICH IS INTENDED TO BE A DESIGN-BUILD CONTRACT; AND TO SERVE AS THE CITY'S REPRESENTATIVE DURING THE SELECTION OF THE DESIGN-BUILD FIRM FOR THE PROJECT, CONCERNING THE EVALUATION OF THE RESPONSES SUBMITTED BY THE DESIGN-BUILD FIRMS; REVIEW AND APPROVE FOR COMPLIANCE OF THE DETAILED WORKING DRAWINGS FOR THE PROJECT; AND FOR EVALUATION OF THE COMPLIANCE OF THE PROJECT CONSTRUCTION WlTH THE DESIGN CRITERIA PACKAGE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED PROPOSER, CAMP, DRESSER & MCKEE, INC (CDM) ; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WlTH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH THE SECOND-RANKED PROPOSER, CORZO, CASTELLA, CARBALLO, THOMPSON, SALMAN, PA (C3TS); AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH THE THIRD-RANKED PROPOSER, CALVIN, GIORDANO, AND ASSOCIATES, INC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on June 1, 2011, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 35-10111, for a Design Criteria Professional to prepare the design criteria package for the Palm and Hibiscus Neighborhood Right of Way Improvement Project, which is intended to be a design-build contract; and to serve as the City's representative during the selection of the design-build firm for the project, concerning the evaluation of the responses submitted by the design-build firms; review and approve for compliance of the detailed working drawings for the project; and for evaluation of the compliance of the project construction with the design criteria package; and WHEREAS, the RFQ was issued on June 16, 201 1, with an opening date of July 14, 201 ; and WHEREAS, a pre-proposal conference to provide information to the proposers submitting a response was held on June 21,201 1; and WHEREAS, BidNet issued bid notices to 342 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices 8472 prospective proposers of which 48 viewed the notice, and 34 local proposers were notified via mail, e-mail, which resulted in the receipt of the five (5) proposals; and WHEREAS, on July 12, 201 1, the City Manager via Letter to Commission (LTC) No. 177-201 1, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: Ian Kaplan, President of the Palm & Hibiscus Island Neighborhood Association; Brad Meltzer, resident and President of KM Plaza Construction; 0 Elizabeth Camargo, Resident and Capital lmprovement Projects Oversight Committee (CIPOC) member; Tom Mooney, Preservation and Design Manager, Planning Department. Grace Escalante, Senior Capital Projects Coordinator, CIP; Hermes Diaz, Civil Engineer II, Public Works; and a Tim Rose, member of the Palm & Hibiscus Island Neighborhood Association; Alternates Thais Vieria, Capital Projects Coordinator, CIP; and a Christina Cuervo, Resident and Capital lmprovement Projects Oversight Committee (CIPOC) member; and WHEREAS, the Committee convened on August 4, 2011 and was provided with general information on the scope of services, Performance Evaluation Surveys and additional pertinent information from all responsive proposers; and WHEREAS, the Committee was also provided with presentations from all proposers / with the intent of focusing the discussion on the Scope of Service relative to these projects and the methodology and approach to be utilized by the proposer in order to represent the City of Miami Beach on said projects; and WHEREAS, the Committee members discussed their individual perceptions of the proposers' qualifications, experience, and competence, and ranked the proposers accordingly; and WHEREAS, a motion was presented by Brad Meltzer, amended by Tom Mooney, and unanimously approved by all Committee members to recommend entering into negotiations with the proposers as a result of the overall Committee's rankings: CDM, C3TS, and Calvin, Giordano, and Associates; and WHEREAS, in abundance of caution and to avoid any potential conflicts, the Evaluation Committee requested that the Administration confirm whether the recommended proposer does not have a contract or provide any services to any of the utility companies that they will be interacting pursuant to this RFQ; and WHEREAS, the Administration requested Camp Dresser & Mckee, Inc (CDM) to disclose any agreement or contractual relationship with any of the utility companies involved in this project and CDM provided the following statement: "CDM conducted a query of our projects database for active projects with FPL, AT&T, Bellsouth, or Atlantic Broadband. Our records indicate that we do not have an active project with these entities in Miami Dade County. Hence, CDM does not foresee any conflict of interest on the Palm and Hibiscus project during the execution of local coordination efforts with these respective utilities. Utility coordination is customary for ROW projects our firm is engaged in. CDM values our long standing relationship with the City and look forward to working on this assignment"; and WHEREAS, after considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission authorize negotiations with the top-ranked proposer, Camp Dresser and McKee, Inc (CDM); and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Corzo, Castella, Carballo, Thompson, Salman, PA (C3TS); and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Calvin, Giordano and Associates, Inc; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 35-1011 1 for a Design Criteria Professional to prepare the design criteria package for the Palm and Hibiscus Neighborhood Right of Way Improvement Project, which is intended to be a design-build contract; and to serve as the City's representative during the selection of the design-build firm for the project, concerning the evaluation of the responses submitted by the design-build firms; review and approve for compliance of the detailed working drawings for the project; and for evaluation of the compliance of the project construction with the design criteria package; authorizing negotiations with the top-ranked proposer, Camp Dresser and McKee, Inc (CDM); and should the Administration not be - successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Corzo, Castella, Carballo, Thompson, Salman, PA (CSTS); and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Calvin, Giordano, and Associates, Inc; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED THIS DAY OF 201 1. ATTEST: CITY CLERK MAYOR T:\AGENDA\2011\9-14-1 I\RFQ 35-10-1 1 - Palm and Hibiscus - RESO.doc APPROVED AS TO FORM & LANGUAGE THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: Re-appointment of Abraham Laeser, Esquire, as Chief Special Master. Key Intended Outcome Supported: Increase resident satisfaction with level of code enforcement. Issue: Shall Abraham Laeser be re-appointed to serve as Chief Special Master for a term commencing on September 15,201 1, and ending on March 14,2012? ltem SummarylRecommendation: The attached two Resolutions provide for the re-appointment by the City Commission of Abraham Laeser, Esquire, as Chief Special Master. One Resolution re-appoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re- appoints Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and revocations of occupational licenses and certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he retired in April 2009. ] The Administration recommends approving the Resolutions. I Mr. Laeser is a long time resident of Miami Beach and is active in the community. He served the City with distinction as a member of the Miami Beach Charter Review Committee. Advisory Board Recommendation: I NIA - - Financial Information: I I City Clerk's Office Legislative Tracking: Bob Parcher, City Clerk Approved Source of Funds: 1 OBPl AGENDA ~~TLM e7F DATE .9-/Y-// Financial lmpact~ummary: Sign-Offs: Account I 2 3 4 Total City Manager Department Director Amount T:\AGENDA\2011\9-14-1 IiAbraham Laeser ltem Summary.doc Assistant City Manager AM1 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 Members of the City Commission FROM: Jorge M. Gonzalez, City Manager / Jose Smith, City Attor DATE: SEPTEMBER 14, 201 SUBJECT: RE-APPOINTMENT OF CHIEF SPECIAL MASTI% 1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE RE-APPOINTMENT OF ABRAHAM LAESER, ESQUIRE, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 15, 2011, AND ENDING ON MARCH 14,2012; PROVlDED FURTHER THAT CHIEF SPECIAL MASTER LAESER SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON- CRIMINAL PENALTIES AGAINST VIOLATORS OF THE ClTY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER 2. A RESOLUTION APPROVING AND RE-APPOINTING, PURSUANT TO SECTION 102-356 OF THE ClTY CODE, ABRAHAM LAESER ESQUIRE, (CHIEF SPECIAL MASTER RE- APPOINTED PURSUANT TO RESOLUTION NO. 9 AS THE ClTY MANAGER'S "DESIGNEE" UNDER SECTION 102- 356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR. LAESER'S TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15,2011, AND ENDING ON MARCH 14,2012. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS The attached two Resolutions provide for the re-appointment by the City Commission of Abraham Laeser, Esquire. One Resolution re-appoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re-appoints Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and revocations of occupational licenses and certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Language has been added to one of the Resolutions prohibiting the Chief Special Master and each Special Master from engaging in practice where helshe represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during hislher service with the City. Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he retired in April 2009. Mr. Laeser is a long time resident of Miami Beach and is active in the community. He served the City with distinction as a member of the Miami Beach Charter Review Committee. In 1999 he received the William S. Scurr Award for career dedication to prosecution. In 1996 he received the Eugene Berry Award for Exemplary Career Service, and in 1996 and 2003 he received the Distinguished Faculty Award. Since 1997, Mr. Laeser has been an Adjunct Professor in Trial Advocacy at the University of Miami. Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief Special Master. He will to serve this City with honor and distinction, and his appointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. T:\AGENDA\2011\9-14-11Mbe Laeser Re-Appointment Memo.doc RESOLUTION NO. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE RE-APPOINTMENT OF ABRAHAM LAESER, ESQUIRE, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 15, 2011, AND ENDING ON MARCH 14,2012; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON- CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an alternative code enforcement system wherein Special Masters are authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances; and \ WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief Special Master," provides for the appointment of a Chief Special Master to fulfill the above referenced duties; and WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the Chief Special Master is established upon the City Commission's acceptance, by a majority vote, of the recommendation for appointment by the City Manager; and WHEREAS, the City Manager hereby recommends re-appointment of Abraham Laeser, Esquire, as Chief Special Master for the City of Miami Beach, for a term commencing on September 15,20 1 1, and ending on March 14,2012; and WHEREAS, all other matters set forth within Chapter 30 of the City Code, including, without limitation, Sections 30-37 and 30-38 regarding compensation and duties of the Chief Special Master, shall continue to apply and remain in full force and effect; and WHEREAS, the Chief Special Master and each Special Master, shall be prohibited from engaging in practice where helshe represents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited from lobbying the City during histher service with the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Section 30-36 of the Code of the City of Miami Beach, concerning the re-appointment of Abraham Laeser, Esquire, to serve as Chief Special Master, for a term commencing on September 15, 2011, and ending on March 14, 2012; provided further that, as Chief Special Master, Mr. Laeser shall be authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances, and shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct the subject hearings; and further incorporating all other matters set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special Master. PASSED and ADOPTED this 14~~ day of September, 201 1. ATTEST: CITY CLERK Robert Parcher T:\AGENDA\2011\9-14-11Mbe Laeser Reappointment Chapter 30.doc MAYOR Matti Herrera Bower APPROVED AS TO FORM & LANGUAGE RESOLUTION NO. A RESOLUTION APPROVING AND RE-APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ABRAHAM LAESER ESQUIRE, (CHIEF SPECIAL MASTER RE- APPOINTED PURSUANT TO RESOLUTION NO. 9 AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102- 356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR. LAESER'S TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15,2011, AND ENDING ON MARCH 14,2012. WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon prior recommendation of the City Manager, the City Commission, by a majority vote, may appoint a Chief Special Master, who shall be authorized to hold -. hearings and impose fines, liens, and other non-criminal penalties against violations of City Ordinances; and WHEREAS, at its regular meeting on September 14, 201 1, the Mayor and City Commission adopted Resolution No. , re-appointing Abraham Laeser, Esquire, as Chief Special Master, for a term commencing on September 15,201 1, and ending on March 14,2012; and WHEREAS, pursuant to Section 102-356, the City Manager may also approve a "designee," who shall be authorized to hear appeals fkom citations for violations of City and County Codes and Ordinances and to conduct hearings regarding denials, suspensions and revocations of occupational licenses, certificates of use and permits, as provided by the City Code, and who shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct such hearings pursuant to City Ordinances; and WHEREAS, accordingly, the City Manager hereby recommends Abraham Laeser, Esquire, to serve as the City Manager's "designee," for a six (6) month term commencing on September 15,201 1, and ending on March 14,2012; and WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the Chief Special Master is acting in his capacity as the City Manager's "designee" under Section 102-356 of the City Code), shall be prohibited fi-om engaging in practice where helshe represents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited fkom lobbying the City during hisher service with the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and re-appoint, pursuant to Section 102- 356 of the City Code, Abraham Laeser, Esquire, (Chief Special Master appointed pursuant to Resolution No. ), as the City Manager's "designee7' under Section 102-356 of the City Code; said designation commencing with Mr. Laeser's term as Chief Special Master on September 15,201 1, and ending on March 14,2012. PASSED and ADOPTED this 14'~ day of September, 201 1 ATTEST: MAYOR Matti Herrera Bower CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION T:\AGENDA\2011\9-14-11\Abe Laeser Reappointment Chapter 102.doc THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: - - - - - - - - - - - - - - - - - I A Resolution Of The Mayor And City Commission Accepting The Recommendation Of The City Manager Pertaining To The I Ranking Of Proposals pursuant ~o-~e~uest For ~roposals(~~~) No. 29-1011 1, For Certain ~dvertisement Programs And Advertising Sales Support Services; Authorizing The Administration To Enter Into Negotiations With Van Wagner Communications LLC, For Miscellaneous Parking Garage Advertising, And Boom-Ad Advertisement System LLC And Abcon Media, For Parking Arms Advertising; Further Recommending The Re-Issuance Of An RFP For Advertising Categories Such As Parking Stripes Advertising, Digital/Display Elevator Advertising, Parking Pay-on-Foot (POF) Meter Advertising, Other Advertising Opportunities (Non Parking) And Advertising Sales Support; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (ey Intended Outcome Supported: Improve The Citv's Overall Financial Health And Maintain Overall Bond Rating. I Supporting Data (Surveys, Environmental Scan, etc.): NIA I Issue: I Shall the Mayor and the City Commission Accept The Resolution? Item SummarylRecommendation: On May 11,201 1, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 29-1011 1, for certain advertisement programs and advertisement sales support services. RFP No. 29-1011 1 was issued on May 24,201 1, with an original opening date of June 28,201 1. Four (4) addenda were issued which changed the opening date to August I, 201 1. A pre-proposal conference to provide information to the proposers submitting a response was held on June 13,201 1 and a site visit to the parking garages was scheduled on June 24,201 1. BidNet issued bid notices to 189 prospective proposers; BidSync issued bid notices to 2,689 prospective proposers of which 68 viewed the notice; and 20 proposers were notified via e-mail and fax circulation; which resulted in the receipt three (3) proposals. Fuel Miami, LLC's proposal was deemed non-responsive, therefore only two (2) proposals were presented to the Evaluation Committee members for further review. I I On August 16, 201 1, the City Manager via Letter to Commission (LTC) No. 203-201 1, appointed an Evaluation Committee ("the Committee"), which convened on September 1, 201 1. The Committee members were provided with Performance Evaluation Surveys and additional information provided by the responsive proposers. The Committee members were also provided with presentations from the responsive proposers. The Committee discussed their individual perceptions of the proposer's qualifications, experience, price, and competence, and ranked the proposers accordingly. A motion was presented by Chris Holmes, seconded by Mariu Emmons, and unanimously approved by all Committee members recommending the City entering into negotiations with Van Wagner Communications LLC, for Miscellaneous Parking Garage Advertising, and Boom-Ad Advertisement System LLC and Abcon Media, for Parking Arms Advertising. Furthermore, the Evaluation Committee recommended the re-issuance of an RFP for advertising categories such as Parking Stripes Advertising, DigitallDisplay Elevator Advertising, Parking Pay-on-Foot (POF) meter advertising, Other Advertising Opportunities (non parking) and Advertising Sales Support to exclude the advertising categories which have already been awarded under this RFP. THE ADMINISTRATION RECOMMENDS ACCEPTING THE RESOLUTION Advisory Board Recommendation: I The Finance and Citwide Proiects Committee at its April 27,201 1 meetinn passed a motion recommending the issuance of a 1 City Clerk's Office Legislative Tracking: I Gus Lopez, extension 6641 1 competitive process for the &dvertising categories,' including pay-on-Got (POF) and elevator advertising, as well as advertising sales support. Financial Information: Source of Funds: OBPl Financial Impact Summary: 1 Total Account Amount Approved 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: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 29-10111, FOR CERTAIN ADVERTISEMENT PROGRAM AND ADVERTISEMENT SALES SUPPORT SERVICES; AUTHORIZING THE ADMlNlSTRATlON TO ENTER INTO NEGOTIATIONS WITH VAN WAGNER COMMUNICATIONS LLC, - FOR MISCELLANEOUS PARKING GARAGE ADVERTISING, AND BOOM- AD ADVERTISEMENT SYSTEM LLC AND ABCON MEDIA, FOR PARKING ARMS ADVERTISING; FURTHER RECOMMENDING THE RE-ISSUANCE OF AN RFP FOR ADVERTISING CATEGORIES SUCH AS PARKING STRIPES ADVERTISING, DlGlTAUDlSPLAY ELEVATOR ADVERTISING, PARKING PAY-ON-FOOT (POF) METER ADVERTISING, OTHER ADVERTISING OPPORTUNITIES (NON PARKING) AND ADVERTISING SALES SUPPORT TO EXCLUDE THE ADVERTISING CATEGORIES WHICH HAVE ALREADY BEEN AWARDED UNDER THIS RFP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve the City's overall financial health and maintain overall bond rating. ANALYSIS During the budget process last summer several concepts were presented as potential revenue enhancement opportunities. Subsequently, staff engaged in a review of potential advertising partnershipslopportunities that are designed to generate income to the City in a manner that does not create an overly-commercialized environment, and that are sensitive to existing restrictions in City Code. These revenue enhancement opportunities range in the potential income that they may derive to the City; the manner in which these opportunities are managed also differ, from those concepts that can be handled in-house, to those that require external, private-sector partners. Commission Memorandum - RFP#29-10-1 I Advertisement and Sales September 14, 201 1 Page 2 In addition to staff's market research to identify potential advertising partnership opportunities, they were also able to determine which of these opportunities could be handled internally and which required partners. Of those that required partners, the market research also helped identify not only particular opportunities that might be of interest, but also if more than one company existed that could provide the preferred product, thus requiring a competitive selection process for a partner. This market research process also helped us to identify the potential income that could be derived from these different opportunities. In addition, through the course of this market research, it was also determined that additional support in advertising sales would be beneficial for those products that we can manage in- house. These products currently include, for example, our magazine ads, the bus shelter ads on 5th and Alton, ads on our doggie bags and litters bags, and the pay-on-foot parking receipt ads. In the future this may include banner ads for parks, etc. Currently, our Development Coordinator is managing all sales for the MB Magazine and Rec Review, while also pursuing ads for other products, and securing sponsors for City events (e.g. Sleepless Night, grand openings events, etc.). The Development Coordinator also provides staff support for sponsorship (municipal marketing) projects under development. FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING (FCWPC) - APRIL 27.201 1 . At the March 9, 2011 Commission meeting, Commissioner Jonah Wolfson referred for discussion to Committee a proposal submitted by ReBuzz Marketing relating to two specific concepts that would have the potential to generate revenues to the City. The unsolicited proposal from Rebuzz primarily focused on the placement of maps on parking "pay-on-foot" (POF) machines, with an additional component that would place similar maps on parking garage elevators. As was reported last summer, the City researched options to maximize the visible presence of the over 500 POF machines located throughout the City. It was recommended to the FCWPC that approval be granted for the issuance of an RFP to select partners for various advertising programs. As a POF program and elevator advertising program have been identified as potential revenue generators for the City, both of these categories were included as potential advertising partnership opportunities in the proposed competitive process. The FCWPC passed a motion recommending the issuance of a competitive process for the categories listed above, including POF and elevator advertising, as well as advertising sales support. RFP PROCESS On May 11, 201 1, the Mayor and City, Commission approved the issuance of Request for Proposals (RFP) No. 29-1 011 1, for a certain advertisement programs and advertisement sales support services. The City of Miami Beach solicited proposals from qualified firms to identify potential partners for certain current advertising products the City wishes to pursue immediately, as well as potential products the City may wishes to pursue in the future. In addition, the City solicited advertising sales support services, on an as-needed basis, as part of the City's revenue enhancement initiatives. Commission Memorandum - RFP#29-10-11 Advertisement and Sales September 14, 201 1 Page 3 This RFP process would be used to secure the services of one or more companies, for one or more of the following advertising categories: 1) Parking Arms advertising 2) Parking Stripes advertising 3) DigitallDisplay Elevator Advertising (elevators in Parking Garages and other City buildings) 4) Parking Pay-on-Foot (POF) meter advertising 5) Misc. Parking Garage Advertising (e.g. pillars, etc.) 6) Other advertising opportunities (non-Parking) 7) Advertising Sales Support RFP No. 29-1011 1 was issued on May 24, 201 1, with an original opening date of June 28, 201 1. Four (4) addenda were issued which changed the opening date to August 1, 201 1. A pre-proposal conference to provide information to the proposers submitting a response was held on June 13, 201 1 and a site visit to the parking garages was scheduled on June 24, 2011. The advertisers were also provided the City's advertising policies for City-owned facilities, and advised that their proposal had to meet City, state and federal requirements1 regulations. - - BidNet issued bid notices to 189 prospective proposers; BidSync (formerly known as RFP Depot) issued bid notices to 2,689 prospective proposers, of which 68 viewed the notice; and 20 proposers were notified via e-mail and fax circulation; which resulted in the receipt of the following three (3) proposals: 1. Van Wagner Communications, LLC 2. Fuel Miami, LLC 3. Boom-Ad Advertisement System (SE ) LLC and Abcon Media On August 18, 2010, the Procurement Office received an e-mail from Fuel Miami, LLC stating that "as a privately held company, Fuel deems its financial information to be confidential, and due to any provided information entering the public domain, cannot provide the sensitive information asked". On August 24, 201 1, after consulting with the City Attorney's Office, the Procurement Office issued a letter to inform Fuel Miami LLC that compliance with the above referenced requirement is mandatory, and therefore, a material deviation that results in Fuel Miami LLC's proposal being deemed non-responsive. As such, Fuel Miami LLC's proposal was not considered for further evaluation and therefore, two (2) proposals were presented to the Evaluation Committee members for further review. On August 16, 201 1, the City Manager, via Letter to Commission (LTC) No. 203-201 1, appointed an Evaluation Committee ("the Committee") consisting of the following individuals: e John Antona, Chief Elevator Inspector, Building Department; Chris Holmes, Resident and Leadership Academy Graduate; e Mariu Emmons, Community RelationslPublic Information, Communications Department; Rocio Alba, Financial Analysts Ill, Parking Department ; Leigha Taber, Resident and Leadership Academy Graduate; and Alternate Dana Fernety, Resident and Leadership Academy Graduate; Commission Memorandum - RFP#29-10-11 Advertisement and Sales September 14, 201 1 Page 4 On September 1, 201 1, the Committee convened and a quorum was attained. The Committee members were provided with Performance Evaluation Surveys and additional information provided by the responsive proposers. The Committee members were also provided with presentations from the responsive proposers. The following Evaluation Criteria was used to evaluate and rank the proposers: Proposer's experience and qualifications in providing advertising programs 25 Points • Proposed revenue to the City 40 Points Strength and sustainability of operating plan 25 Points Past performance in implementing a similar advertising 10 Points (Based on information in the Proposal submission; References) The Committee discussed their individual perceptions of the proposer's qualifications, experience, price, and competence, and ranked the proposers accordingly. FINAL RANKINGS Boom-Ad Advertisement A motion was presented by Chris Holmes, seconded by Mariu Emmons, and unanimously approved by all Committee members recommending the City entering into negotiation with Van Wagner Communications LLC, for Miscellaneous Parking Garage Advertising, and Boom- Ad Advertisement System LLC and Abcon Media, for Parking Arms Advertising. Furthermore, the Evaluation Committee recommended the re-issuance of the RFP for advertising categories such as Parking Stripes Advertising, DigitalJDisplay Elevator Advertising, Parking Pay-on-Foot (POF) meter advertising, Other Advertising Opportunities (non parking) and Advertising Sales Support, to exclude the advertising categories which have already been recommended for award under this RFP. VAN WAGNER COMMUNICATIONS. LLC Van Wagner Communications, LLC ("Van Wagner") operates 5,700 advertising displays in major urban centers across the U.S. as well as the large$ aerial media business in the world for more than 10 years. Van Wagner has partnered with public entities such us the U.S. Postal Service, Massachusetts Bay Transportation Authority and New York City Transit Authority. Van Wagner's 2010 Gross Revenue was approximately $200 million. Van Wagner is proposing providing services for the Miscellaneous Parking Garage Advertisement category. Van Wagner proposes to install approximately four (4) custom designed and illuminated advertising displays in each of the seven (7) City of Miami Beach parking garages, for a total of approximately 28 displays. While the size of the displays will vary, it is anticipated that the average display will be 9'h x 12'w and will be enclosed in an Commission Memorandum - RFP#29-10-11 Advertisement and Sales September 14, 201 1 Page 5 elegant aluminum structure mounted directly to the garage wall. Where feasible, the displays will be illuminated for viewing at night. Van Wagner intends to contract Logan Corporation of North Bay Village to install and maintain the parking structure displays. Logan Corporation has been installing large format signage in Miami-Dade County since 1996. Logan Corporation has performed work for the Miami Beach Police Department and The Community Redevelopment Authority. They have also worked with Miami-Dade County Parks and Recreation Department, Metro Zoo, and the light pole banner program. Van Wagner is committing to invest close to $300,000 in equipment and requires that there be no advertising other than the Van Wagner inventory inside the parking garages, so as to ensure a clear, uncluttered environment. In exchange for the exclusive right to install advertising within the parking garages, Van Wagner offers the City of Miami Beach the greater of an annual guaranteed revenue of $1 50,000 or a Revenue Share equal to 50% of annual Net Revenue received. Van Wagner will increase the guarantee by three (3%) percent per annum. The annual guarantee equates to a guaranteed contract sum of more than $460,000 over the three (3) year term of this contract. However, it is estimated that the City of Miami Beach's - portion of annual Net Revenues will exceed $364,000 in the first year of the contract, more than $1 .I million over the three (3) year term. The display will be sold primarily to national advertisers as either a domination package or on an "a la carte" basis. Van Wagner will remain as flexible as possible with respect to specific advertiser demands. The sales people do a significant amount of direct outreach to advertisers, in addition to responding to RFPs. The sales team is extremely familiar with the buyers interested in reaching the Miami Beach market. As a first step, Van Wagner will reach out to national advertisers currently buying out-of-home media within the cities of Miami and Miami Beach. The City of Miami Beach contract will be managed by Robert Crawford from the New York office and supported locally by Harvey Fine and the Miami-based operations and sales staff. As an added benefit to the City of Miami Beach, Van Wagner is pleased to make available any of the unused parking garage advertising displays to the City for purposes of promoting the City's own services. BOOM-AD ADVERTISEMENT Boom-Ad Advertisement with Abcon Media ("Boom-Ad) is an outdoor advertising media company which specializes in the USA and Canada in providing advertisement in garages. Boom-Ad Advertising Systems (SE) LLC is a division of Abcon Media based in Toronto, Canada, and established in 1995. Boom-Ad uses a patented safety sleeve to cover the gate arms at the entrance and exits of garages. This has also grown to include placing advertising on the gate arm control boxes as well as Pillar advertising. The soft, oval advertising sleeve designed and patented by Boom-Ad will fit over any size of gate arm, whether the arm is made of wood or lexan, or whether it is straight or articulated. It also provides the car park operator with an additional anti-vehicle- damaging safety feature which reduces claims considerably. A further bonus is a large decrease in maintenance costs due to the reduction in gate arm breakages. The Boom-Ad design is soft, pliable, re-usable and does not damage vehicles. Commission Memorandum - RFP#29-10-11 Advertisement and Sales September 14, 201 1 Page 6 Boom-Ad proposed the installation of approximately 30 gate arms, control box decals and pillar media. Boom-Ad proposed to sell tasteful and attractive advertising graphics which will be pleasing and environmentally acceptable. It is estimated that if all the advertising is sold for the Patented Safety Boom-Ad sleeve, the annual gross revenue would be approximately $70,000. This could be double if the advertising were to be sold for the control boxes, and a similar amount could be realized from Pillar advertising, increasing the annual revenue to approximately $21 0,000. Boom-Ad is anticipating the following distribution of the total revenue: the advertising agency will receive 15%, the City of Miami Beach will receive 40%, and Boom-Ad will receive 45%. Besides the obvious methods of approaching advertising agencies and individual companies that spend money on advertisement, it is Boom-Ad's intention to approach the local merchants and restaurants in the immediate vicinity of a particular garage to give them the opportunity of maximizing the visit of customers to their establishment. Boom-Ad would be responsible for the installation, inspection, and removallreplacement of the - ~ three (3) advertising mediums. Boom-Ad and Abcon Media will be responsible for the sales, marketing, print and production of the media. The Canada team worked on a 40 U.S. city Boom-Ad campaign in 200912010 purchased by Mediacom in N.Y.C. In Canada, Abcon Media has worked with the ten (10) airports from 1996 to the present; with the Toronto Parking Authority; and other 450-plus landlords. MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission authorize negotiations with Van Wagner Communications LLC, for Miscellaneous Parking Garage Advertising, and Boom-Ad Advertisement System LLC and Abcon Media, for Parking Arms Advertising, further recommending the re-issuance of an RFP for advertising categories such as Parking Stripes Advertising, DigitalIDisplay Elevator Advertising, Parking POF meter advertising, Other Advertising Opportunities (non parking) and Advertising Sales Support to exclude the advertising categories which have already been awarded under this RFP; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. This combination (Van Wagner advertising displays; Boom Ad parking arm adslcontrol box ads) could generate a potential of $220,000 in annual revenues to the City. CONCLUSION e The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 29-1011 1, for certain advertisement programs and advertising sales support services; authorize the Administration to enter into negotiations with Van Wagner Communications LLC, for Miscellaneous Parking Garage Advertising, and Boom-Ad Advertisement System LLC and Abcon Media, for parking ~rms Advertising; Further recommending the re-issuance of an RFP for advertising categories such as parking Stripes Advertising, ~igitall~is~lay Elevator Advertising, parking ~a~-on-~oot Commission Memorandum - RFP#29-10-11 Advertisement and Sales September 14,201 1 Page 7 (POF) meter advertising, Other Advertising Opportunities (non parking) and Advertising Sales Support to exclude the advertising categories which have already been awarded under this RFP; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. T:MGENDA\2011\9-14-1 l\RFP-29-10-11 -Advertisement and Sales - Memo.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 29-10111, FOR CERTAIN ADVERTISEMENT PROGRAM AND ADVERTISEMENT SALES SUPPORT SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH VAN WAGNER COMMUNICATIONS LLC, FOR MISCELLANEOUS PARKING GARAGE ADVERTISING, AND BOOM- AD ADVERTISEMENT SYSTEM LLC AND ABCON MEDIA, FOR PARKING ARMS ADVERTISING; AND FURTHER RECOMMENDING THE ISSUANCE OF A NEW RFP FOR ADVERTISING CATEGORIES SUCH AS PARKING STRIPES ADVERTISING, DIGITALIDISPLAY ELEVATOR ADVERTISING, PARKING PAY-ON-FOOT (POF) METER ADVERTISING, OTHER ADVERTISING OPPORTUNITIES (NON PARKING) AND ADVERTISING SALES SUPPORT TO EXCLUDE THE ADVERTlSlNG CATEGORIES WHICH HAVE ALREADY BEEN AWARDED UNDER THIS RFP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN - AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on May 11, 201 1, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 29-1011 1, for certain advertisement programs and advertisement sales support service ("the RFP"); and WHEREAS, the RFP was issued on May 24, 201 1, with an original opening date of June 28, 201 1; however, four (4) addenda were issued which changed the opening date to August I, 201 1 ; and WHEREAS, a pre-proposal conference to provide information to the proposers submitting a response was held on June 13, 201 1 ; and WHEREAS, BidNet issued bid notices to 189 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 2,689 prospective proposers, and 68 proposers were notified via e-mail and fax circulation, which resulted in the receipt of three (3) proposals; and r WHEREAS, on August 24, 201 1, after consulting with the City Attorney's Office, the Procurement Office issued a letter to inform Fuel Miami LLC that Fuel Miami LLC's proposal was being deemed non-responsive and therefore, it was not considered for further evaluation; and WHEREAS, on August 16, 201 1, the City Manager, via Letter to Commission (LTC) No. 203-2011, appointed an Evaluation Committee ("the Committee") consisting of the following individuals: a John Antona, Chief Elevator Inspector, Building Department; • Chris Holmes, Resident and Leadership Academy Graduate; 0 Mariu Emmons, Community Relations/Public Information, Communications Department; • Rocio Alba, Financial Analysts Ill, Parking Department ; • Leigha Taber, Resident and Leadership Academy Graduate; Alternate Dana Fernety, Resident and Leadership Academy Graduate; and WHEREAS, on September 1, 201 1, the Evaluation Committee members convened and were provided with Performance Evaluation Surveys, additional information, and with presentations from the responsive proposers; and WHEREAS, the Committee unanimously recommended entering into negotiation with Van Wagner Communications LLC, for Miscellaneous Parking Garage Advertising, and Boom-Ad Advertisement System LLC and Abcon Media, for Parking Arms Advertising; and WHEREAS, the Committee also recommended the issuance of a new RFP for advertising categories such as Parking Stripes Advertising, DigitalIDisplay Elevator Advertising, Parking Pay-on-Foot (POF) meter advertising, Other Advertising Opportunities (non parking) and Advertising Sales Support, to exclude the advertising categories which have already been recommended for award under this RFP; and WHEREAS, the City Manager has reviewed and concurs with the Evaluation Committee's recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Proposal No. 29-10111, for certain advertisement programs and advertisement sales support service; authorize the Administration to enter into negotiations with Van Wagner Communications LLC, for Miscellaneous Parking Garage Advertising, and Boom-Ad Advertisement System LLC and Abcon Media, for Parking Arms Advertising; and further recommend the issuance of a new RFP for advertising categories such as Parking Stripes Advertising, DigitalIDisplay Elevator Advertising, Parking Pay-on-Foot (POF) meter advertising, Other Advertising Opportunities (non parking), and Advertising Sales Support to exclude the advertising categories which have already been awarded under this RFP; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED THIS DAY OF 201 1. ATTEST: CITY CLERK MAYOR APPROVED AS TO ENDA\2011\9-14-1 l\RFP-29-10-11 - Advertisement and Sales - RESO.doc FORM & LANGUAGE COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving a first amendment to the purchase and sale agreement between the City and the Housing Authority of the City of Miami Beach for the purchase of a perpetual easement over the property located at 1231 -1 251 17" Street for the purpose of constructing the West Avenue Bridge, extending the Due Diligence period by 6 months, until March 15, 2012. Key Intended Outcome Supported: Maintain or Improve Traffic Flow Supporting Data (Surveys, Environmental Scan, etc.): Residents in the 2007 Community Satisfaction Survey cited traffic congestion as the second most import factor affecting their quality of life in the City. Issue: - - - -- - - I Should the City Commission approve the resolution? I Item Summary/Recommendation: On July 14, 2010, the Mayor and City Commission approved a Purchase and Sale Agreement between the City and HACMB, for the purchase of a perpetual easement through the HACMB Parcel for construction of the project. The purchase price of the easement is $1.635 million. The Agreement provided the City with a one (1) year "lnspection Period" (commencing upon execution of the Purchase and Sale Agreement) to do its due diligence, including whatever inspections and investigations it needs to make to determine whether or not it wants to proceed 1 with the purchase of the City Easement, andlor whether or not the Easement is suitable for the development and construction of the proposed West Avenue Bridge Project. Additionally, the 1 City has the right to terminate the Purchase and Sale Agreement during the lnspection Period if , it determines, in its sole opinion, that the property is not suitable or feasible for the Project. The City is in the process of performing the West Avenue Bridge Project Development and Environmental (PD&E) study. Public involvement is a significant portion of the PD&E study. A Public lnvolvement Program (PIP) has been created to generate public participation. The overall goal of the PIP is to ensure that the study reflects the values and needs of the community. As part of the due diligence for the purchase of the easement, the City and the PD&E consultant will collect and review the public input and commentary prior to the PD&E1s Public Hearing which will take place in April 2012. The Administration recommends that the Mayor and City Commission adopt the resolution and approve the First Amendment to the Purchase and Sale Agreement. I I Advisory Board Recommendation: I NIA Financial Information: Source of Funds: City Clerk's Office Legislative Tracking: I Kevin Crowder, Jorge Gomez 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 Manager DATE: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CIN CLERK TO EXECUTE: I) AMENDMENT NO. 1 TO THE PURCHASE AND SALE AGREEMENT, DATED JULY 14,2010, BETWEEN THE ClTY OF MIAMI BEACH AND THE HOUSING AUTHORITY OF THE ClTY OF MlAMl BEACH (HACMB), FOR THE PURCHASE OF A PERPETUAL EASEMENT OVER THE PROPERTY LOCATED AT 1231-1251 17~" STREET, MlAMl BEACH, FLORIDA, FOR THE PURPOSE OF CONSTRUCTING A BRIDGE CONNECTING WEST AVENUE AND DADE BOULEVARD; SAlD AMENDMENT EXTENDING THE "INSPECTION PERIOD", AS DEFINED THEREIN, FOR A PERIOD OF UP TO SIX MONTHS, (OR UNTIL MARCH 15,2012) OR, IF LESS, SUCH OTHER TlME PERIOD AS HACMB MAY APPROVE; AND 2) AMENDMENT NO I. TO THE ACCOMPANYING DEVELOPMENT AGREEMENT BETWEEN THE ClTY AND HACMB, HAVING A COMMENCEMENT DATE OF SEPTEMBER 15, 2010; SAlD AMENDMENT EXTENDING THE "DUE DILIGENCE PERIOD", AS DEFINED THEREIN, UNTIL MARCH 15, 2012, OR, IF LESS, SUCH OTHER TIME PERIOD AS HACMB MAY APPROVE; FURTHER RATIFYING THE ClTY MANAGER AND HACMB'S AGREEMENT TO A SHORT-TERM EXTENSION OF THE INSPECTION AND DUE DILIGENCE PERIODS, THROUGH AND UNTIL SEPTEMBER 28, 2011; SAlD SHORT-TERM EXTENSION GRANTED IN ORDER TO PRESERVE THE CITY'S RIGHT TO TERMINATE THE AGREEMENTS AND, FURTHER, TO GIVE THE ClTY AND HACMB TlME TO BRING THE EXTENSION REQUESTED IN THIS RESOLUTION BEFORE THEIR RESPECTIVE GOVERNING BOARDS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In 1999, the City Commission approved the Municipal Mobility Plan (MMP). The West Avenue Bridge Project (the Project) was developed from MMP Project #30, which envisioned corridor improvements to the intersection of Dade Boulevard at 17'~ StreetlBay Road, to be combined with a connection between Dade Boulevard and West Avenue through the construction of a new bridge. The MMP suggested that this Commission Memorandum September 14,2011 Housing Authority of Miami Beach - Amendment to Easement Purchase Page 2 of 3 crossing could serve to relieve congestion at nearby intersections. The implementation of the Project requires that the City acquire a right-of-way through a parcel presently owned by the Housing Authority of the City of Miami Beach (HACMB), located at 1231-1251 1 7th Street. Current funding for the Project includes federal funds, the use of which requires an environmental impact study (EIS). The estimated cost of the Project, including land acquisition and the EIS, is approximately $6.5-7 million. On July 14, 2010, the Mayor and City Commission approved a Purchase and Sale Agreement, for the City's purchase of the City Easement, in the amount of $1,635,000, over a portion of the HACMB property to develop the West Avenue Bridge Project, and a Development Agreement, setting forth the City and HACMB's respective rights and obligations pertaining to the City's development and construction of the West Avenue Bridge Project, and HACMB's development and construction of an affordable housing project (the HACMB Project). On June 22, 2010, the HACMB's Board considered both agreements and passed a - resolution approving the same, and on July 14, 201 1, the Mayor and City Commission adopted Resolution No. 2010-27451, approving the Purchase and Sale Agreement in substantial form. The Purchase and Sale Agreement was finalized and subsequently executed by the parties with an effective date of September 15, 201 0. On September 15, 2010, the Mayor and City Commission adopted Resolution No. 2010-27490, approving on second and final reading the Development Agreement which also has a Commencement Date of September 15, 2010. The City also has the right during the lnspection PeriodIDue Diligence Period, to terminate the Purchase and Sale Agreement and the Development Agreement if, in the City's sole opinion, the City Easement property is not suitable or feasible for the City's intended purpose of developing the Project, or that such development and use may be unusually expensive. The lnspection Period and Due Diligence Period will both expire on September 15, 201 1. The City is still in the process of inspecting and investigating the City Easement property, including the performance of a Project Development & Environmental (PD&E) study on the West Avenue Bridge Project, which will consider the construction of the project with the following goals: Improve multimodal transportation connectivity across Collins Canal and offer an alternative to driving on Alton Road; Support economic development in the Sunset Harbor neighborhood and vicinity; Enhance transit, pedestrian and bicycle use and safety across the Collins Canal and Dade Boulevard. Public involvement is a significant portion of the PD&E study. A Public Involvement Program (PIP) has been created to generate public participation. The overall goal of the PIP is to ensure that the study reflects the values and needs of the community. As part of the due diligence for the purchase of the easement, the City and the PD&E consultant conducted the kick-off meeting on September 13, and the second public meeting will be an Alternatives Workshop, which will take place in December. Therefore, an extension of the Purchase and Sale Agreement is appropriate and in the best interest of the City. To Commission Memorandum September 14, 201 1 Housing Authority of Miami Beach - Amendment to Easement Purchase Page 3 of 3 this end, the City has requested that the HACMB grant a six (6) month extension of the lnspection Period and Due Diligence Period in order for the City to review and consider the recommendations identified in the PD&E study. The proposed extension would commence on September 15,201 1, and terminate on March 15,2012. The HACMB board is not scheduled to meet until September 20, 2011; however, the HACMB has authorized its Executive Director to execute a short-term extension of the lnspection Period and Due Diligence Period until September 28, 201 I, in order for the City Commission to consider the extension request at its September 14, 201 1 meeting; the HACMB to consider such request at its September 20, 2011 meeting; and to preserve the City's rights to terminate the Agreements, should the extension not be approved by either the City Commission or HACMB. CONCLUSION - - The Administration recommends that the City Commission approve, and request that the HACMB grant the City, an up to six (6) month extension of the lnspection Period and Due Diligence Periods under, respectively, the Purchase and Sale Agreement and Development Agreement between the City and HACMB and, if approved, that the City Commission further authorize the Mayor and City Clerk to execute the corresponding amendments to the Agreements. Attachment - First Amendment T:\AGENDA\2011\9-14-1 I\Housing Authority Amendment Memo.docx RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE: I) AMENDMENT NO. I TO THE PURCHASE AND SALE AGREEMENT, DATED JULY 14, 2010, BEWEEN THE ClTY OF MlAMl BEACH AND THE HOUSING AUTHORITY OF THE ClTY OF MlAMl BEACH (HACMB), FOR THE PURCHASE OFAPERPETUAL EASEMENTOVERTHE PROPERTY LOCATED AT 1231-1251 17~" STREET, MlAMl BEACH, FLORIDA, FOR THE PURPOSE OF CONSTRUCTING A BRIDGE CONNECTING WEST AVENUE AND DADE BOULEVARD; SAID AMENDMENT EXTENDING THE "INSPECTION PERIOD", AS DEFINED THEREIN, FOR A PERIOD OF UP TO SIX MONTHS (OR UNTIL MARCH 15, 2012) OR, IF LESS, SUCH OTHER TlME PERIOD AS HACMB MAY APPROVE; AND 2) AMENDMENT NO I. TO THE ACCOMPANYING DEVELOPMENT AGREEMENT BETWEEN THE ClTY AND HACMB, HAVING A COMMENCEMENT DATE OF SEPTEMBER 15,2010; SAID AMENDMENT EXTENDING THE "DUE DILIGENCE PERIOD", AS DEFINED THEREIN, UNTIL MARCH 15, 2012, OR, IF LESS, SUCH OTHER TlME PERIOD AS HACMB MAY APPROVE; FURTHER RATIFYING THE ClTY MANAGER AND HACMB'S AGREEMENT TO A SHORT-TERM EXTENSION OF THE INSPECTION AND DUE DILIGENCE PERIODS THROUGH AND UNTIL SEPTEMBER 28, 2011; SAID SHORT-TERM EXTENSION GRANTED IN ORDER TO PRESERVE THE CITY'S RIGHT TO TERMINATE THE AGREEMENTS AND, FURTHER, TO GIVE THE ClTY AND HACMB TlME TO BRING THE EXTENSIONS REQUESTED IN THIS RESOLUTION BEFORE THEIR RESPECTIVE GOVERNING BOARDS. WHEREAS, in 1999, the City Commission approved the West Avenue Bridge Project as Municipal Mobility Plan (MMP) Project #30, which envisioned corridor improvements to the intersection of Dade Boulevard at 17th StreetIBay Road, to be combined with a connection between Dade Boulevard and West Avenue through the construction of a new bridge (the West Avenue Bridge Project or the Project); and WHEREAS, the implementation of the Project requires that the City acquire a right-of-way via the City's purchase of an easement (the City Easement) through property presently owned by the Housing Authority of the City of Miami Beach (HACMB); and WHEREAS, current funding for the Project includes federal funds, and the estimated cost of the Project, including land acquisition and the planning and design, is approximately $6.5-7 million; and WHEREAS, the Administration and City Attorney's Office worked with HACMB and its counsel to develop 1.) a Purchase and Sale Agreement, for the City's purchase of the City Easement, in the amount of $1,635,000, to develop the West Avenue Bridge Project; and 2.) a Development Agreement, setting forth the City and HACMB7s respective rights and obligations pertaining to the City's development and construction of the West Avenue Bridge Project, and HACMB's development and construction of an affordable housing project (the HACMB Project); and WHEREAS, on June 22,2010, the HACMB's Board considered both agreements and passed a resolution approving same, and WHEREAS, on July 14, 2011, the Mayor and City Commission adopted Resolution No. 2010-27451, approving the Purchase and Sale Agreement, in substantial form; the Purchase and Sale Agreement was finalized and subsequently executed by the parties with an effective date of September 15, 201 0; and WHEREAS, on September 15, 2010, the Mayor and City Commission adopted Resolution No. 2010-27490, approving, on second and final reading, and authorizing the Mayor and City Clerk to execute, the Development Agreement; the Development Agreement was executed with a Commencement Date of September 15,201 0; and WHEREAS, in accordance with the terms of the Purchase and Sale Agreement and the Development Agreement, the City was permitted an Inspection Period (under the Purchase and Sale Agreement) and Due Diligence Period (under the Development *. Agreement), within which to inspect and investigate the physical and other conditions of the City Easement property, as well as the HACMB property, as it deemed appropriate, in order to determine whether or not to proceed with the purchase of the City Easement, and the development of the proposed West Avenue Bridge Project thereon; and WHEREAS, the City has the right, during the lnspection PeriodIDue Diligence Period (as such terms are defined, respectively, in the Purchase and Sale Agreement and the Development Agreement), to terminate the Purchase and Sale Agreement and the Development Agreement if, in the City's sole opinion, the City Easement property is not suitable or feasible for the City's intended purpose of developing the Project, or that such development and use may be unusually expensive; and WHEREAS, the lnspection Period and Due Diligence Period will both expire on September 15,201 1 ; and WHEREAS, the City is still in the process of inspecting and investigating the City Easement property; as part of its ongoing due diligence, the City has retained a consultant to perform a Project Development & Environmental (PD&E) study on the West Avenue Bridge Project; and WHEREAS, the PD&E study will evaluate if the Project will improve transportation connectivity; support economic development; and enhance transit, pedestrian and bicycle usage; and WHEREAS, public involvement is a significant component of the PD&E study; and WHEREAS, a Public Involvement Program regarding the Project has been created to ensure that the PD&E study reflects the values and needs of the community; and WHEREAS, in order to ensure that the City obtains sufficient information, which includes collecting sufficient public comment as to its proposed purchase of the City Easement and development of the Project, an extension of the lnspection Period, under the Purchase and Sale Agreement, and of the Due Diligence Period, under the Development Agreement, is in the best interest of the City; and WHEREAS, the City has requested that the HACMB grant an up to six (6) month extension of, respectively, the lnspection Period and Due Diligence Period in order for the City to review and consider the recommendations identified in the PD&E study; if HACMB grants the full six (6) month extension, it would commence upon expiration of both Periods, or September 15,201 1, and terminate on March 15,2012; and WHEREAS, the HACMB's board is not scheduled to meet until September 20, 2011; notwithstanding, and in the interim, the HACMB has authorized its Executive Director to grant a short-term extension of the lnspection Period and Due Diligence Period, until September 28, 201 1, in order for: I) the City Commission to consider the up to six (6) months extension request at its September 14, 201 1 meeting; 2) the HACMB to consider such request at its September 20, 201 1 meeting; and 3) to continue to preserve the City's rights to terminate the Agreements, in the event that either the City Commission or HACMB does not approve the extension; and - ~ WHEREAS, accordingly the Administration recommends that the City Commission approve, and request that the HACMB grant the City, an up to six (6) month extension of the lnspection Period and Due Diligence Periods under, respectively, the Purchase and Sale Agreement and Development Agreement between the City and HACMB and, if approved, that the City Commission further authorize the Mayor and City Clerk to execute the corresponding amendments to the Agreements; and WHEREAS, in the event that the HACMB does not grant the full six (6) month requested extension, then Administration further requests that the City Manager be authorized to request, negotiate, and accept a shorter extension period; provided the City Manager deems, in his reasonable discretion and judgment, that such shorter time period would be sufficient so as to allow the City to conclude its due diligence regarding the proposed transaction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve, and authorize the Mayor and City Clerk to execute: I) Amendment No. 1 to the Purchase and Sale Agreement dated July 14, 2010, between the City of Miami Beach and the Housing Authority of the City of Miami Beach, for the purchase of a perpetual easement over the property located at 1231-1251 17'h Street, Miami Beach, Florida, for the purpose of constructing a bridge connecting West Avenue and Dade Boulevard, said amendment extending the "lnspection Period", as defined therein, for up to a period of six months, (or until March 15, 2012) or, if less, such other timie period as HACMB may approve; and 2) Amendment No. 1 to the Development Agreement between the City and HACMB, having a commencement date of September 15, 2010; said amendment extending the "Due Diligence Period", as defined therein until March 15, 2012, or, if less, such other time period as HACMB may approve; further ratifying the City Manager and HACMB's agreement to a short-term extension of the lnspection and Due Diligence Periods through and until September 28, 2011; said extensions granted in order to preserve the City's right to terminate the Agreements and, further, to give the City and HACMB time to bring the extension requested in this Resolution to their respective governing boards. PASSED AND ADOPTED this day of 201 1. ATTEST: CITY CLERK MAYOR T:\AGENDA\2011\9-14-1 I\Housing Authority Amendment Reso.docx APPROVED AS TO FORM & LANGUAGE & FOH EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The Recommendation Of The City Manager And Authorizing the Mayor and City Clerk To Execute An Amendment To The Professional Services Agreement With McGladrey & Pullen, LLP., And Further Approve The First Year Renewal Option Of The Agreement. Key Intended Outcome Supported: Improve the City's Overall Financial Supporting Data (Surveys, Environmental Scan, etc.): Issue: I Shall the Mayor and City Commission adopt the Resolution? I Item Summary/Recommendation: r I The Mayor and City Commission at its July 12, 2006 City Commission meeting, passed and adopted Resolution No. 2006-26247, which accepted the City Manager's recommendation pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 23-05/06 for Auditing Services; authorized the Administration to enter into negotiations with McGladrey & Pullen; and further authorized the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration. I McGladrey & Pullen has agreed to maintain the same prices as last year for all audits. I The City receives funds from the Children's Trust Fund Program and the Children's Trust requires an audit in accordance with the Children's Trust Contractual Agreements. The City receives funds from Miami-Dade County for the Building Better Communities Bond Project and the Building Better Communities Bond Project requires an audit in accordance with Miami-Dade County Ordinance 05-47, applicable resolutions, and Building Better Communities Administration Rule. The cost for the aforementioned audit engagements are: Children's Trust Fund Program - $9,500 and Building Better Communities Bond Project - $8,000 I ADOPT THE RESOLUTION. I I I Advisory Board Recommendation: I 1 - -- Financial Information: I I ] Financial Impact Summary: I City Clerk's Office Legislative Tracking: I Allison W~lliams, ext. 6608 DATE -- Approved Source of Funds: u OBPl Account 01 1-931 0-000312 168-9310-000312 480-931 0-00031 2 440-93 1 0-0003 12 Safe Neighborhood Projects1 01 1-9310-000312 Children Trust Grants1 01 1-931 0-000312 Building Better Communities Projects 1 01 1-931 0-00031 2 1 Total Amount $155,323 $20,260 $20,260 $18,010 $9,000 $9,500 $8,000 $240,353 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 Manager DATE: September 14, 201 1 SUBJECT: 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 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MCGLADREY & PULLEN, LLP., DATED OCTOBER 26,2006, FOR INDEPENDENT AUDIT SERVICES (THE AGREEMENT); SAID AMENDMENT REVISES EXHIBIT "B" OF THE ORIGINAL AGREEMENT, ENTITLED "FEE COMPENSATION", BY ADDING AN AUDIT OF THE BUILDING BETTER COMMUNITIES BOND PROJECT FOR THE FISCAL YEAR ENDING ON SEPTEMBER 30,2011, AND AN AUDIT OF THE CHILDREN'S TRUST FUND PROGRAM FOR THE FISCAL YEAR ENDING ON SEPTEMBER 30,2011; AND FURTHER APPROVES THE FIRST YEAR RENEWAL OPTION OF THE AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The Mayor and City Commission at its July 12, 2006 City Commission meeting, passed and adopted Resolution No. 2006-26247, which accepted the City Manager's recommendation pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 23-05/06 for Auditing Services; authorized the Administration to enter into negotiations with McGladrey & Pullen; and further authorized the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration. ANALYSIS The purpose of this resolution is to recommend the first year renewal of the contract with McGladrey & Pullen for auditing services pursuant to RFP No. 23-05/06 and to amend the contract to add the Children's Trust Fund Program and Building Better Communities Projects audits. McGladrey & Pullen has agreed to maintain the same prices as last year for all audits. The City receives funds from the Children's Trust Fund Program and the Children's Trust requires an audit in accordance with the Children's Trust Contractual Agreements. The City receives funds from Miami-Dade County for the Building Better Communities Bond Project and the Building Better Communities Bond Project requires an audit in accordance with Miami-Dade County Ordinance 05-47, applicable resolutions, and Building Better Communities Administration Rule. Amendment to McGladrey's Audit Services Contract September 14,201 1 Page 2 of 2 The cost for the aforementioned audit engagements are as follows: Children's Trust Fund Program - $9,500 Building Better Communities Bond Project - $8,000 Exhibit "B" to the Professional Services Agreement (PSA) with McGladrey & Pullen, entitled "Fee Compensation", included eight (8) auditing services pursuant to RFP No. 23-05/06: The City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR); Federal Grant Programs and State Projects (OM6 A-133 Single Audit); Miami Beach Redevelopment Agency's (RDA) Basic Financial Statements; Parking Systems Funds' (PSF) Financial Statements; 0 Miami Beach Visitor and Convention Authority's (VCA) Financial Statements; Miami Beach Convention Center (MBCC) and Fillmore Miami Beach at the Jackie Gleason Theater Financial Statements; and The Safe Neighborhood Parks and Bond Program (SNP). The fee compensation for the eight (8) aforementioned auditing services were negotiated and - incorporated as part of Exhibit "B for the initial five-year contract commencing with Fiscal Year ending , on September 30, 2006, and ending with Fiscal Year ending on September 30, 2010. The PSA's Term of Agreement provision allows for the City, at its sole discretion, to renew the Agreement, upon the same terms and conditions, for up to five (5) additional one (1) year renewal terms. It is recommended that the City Commission exercise its discretion and renew the first year of the Agreement, with no increase in McGladrey's fees. Attached please find revised Exhibit "B", which adds the Fiscal Year ending on September 30, 201 1. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution which accepts the recommendation of the City Manager and authorizes the Mayor and City Clerk to execute an amendment to the Professional Services Agreement with McGladrey & Pullen for Independent Audit Services, and approves the first year renewal option of the agreement. EXHIBIT "B" REVISED BY AMENDMENT FEE COMPENSATION SERVICE 1) Audit of City's Basic Financial Statement (CAFR) 2) OMB A-1 33 Single Audits 3) Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 4) Miami Beach Redevelopment Agency (RDA) 5) Miami Beach Parking Systems Funds (PSF) 6) Miami Beach Visitor and Convention Authority (VCA) 7) Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts, as Managed by SMG (SMG) 8) Safe Neighborhood Parks Single Audit (SN P) 9) Building Better Communities 10) Children's Trust Total 2006 $ 100,000 20,000 2,000 18,000 18,000 16,000 16,000 8,000 8,000 $206,000 2007 $103,000 20,600 2,060 18,540 18,540 16,480 16,480 8,240 8,000 $21 1,940 FEES 2008 $106,090 21,218 2,122 19,096 19,096 16,975 16,975 8,490 8,000 9,500 $227,562 201 1 $1 12,551 22,510 2,252 20,260 20,260 18,010 18,010 9,000 8,000 9,500 $240,353 2009 $109,273 21,855 2,186 19,670 19,670 17,485 17,485 8,745 8,000 9,500 $233,869 2010 $1 12,551 22,510 2,252 20,260 20,260 18,010 18,010 9,000 8,000 9,500 $240,353 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 AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE ClTY OF MIAMI BEACH, FLORIDA AND MCGLADREY & PULLEN, LLP., DATED OCTOBER 26,2006, FOR INDEPENDENT AUDIT SERVICES (THE AGREEMENT); SAID AMENDMENT REVISES EXHIBIT "B" OF THE ORIGINAL AGREEMENT, ENTITLED "FEE COMPENSATION", BY ADDING AN AUDIT OF THE BUILDING BETTER COMMUNITIES BOND PROJECT FOR THE FISCAL YEAR ENDING ON SEPTEMBER 30,2011, AND AN AUDIT OF THE CHILDREN'S TRUST FUND PROGRAM FOR THE FISCAL YEAR ENDING ON SEPTEMBER 30,2011; AND FURTHER APPROVES THE FIRST YEAR RENEWAL OPTION OF THE AGREEMENT. WHEREAS, the Mayor and City Commission at its July 12, 2006 City Commission meeting, passed and adopted Resolution No. 2006-26247, which accepted the City Manager's recommendation pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 23-05/06 for Auditing Services; authorized the Administration to enter into negotiations with McGladrey & Pullen; and further authorized the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration; and WHEREAS, Exhibit "B" to the Professional Services Agreement (the Agreement) with McGladrey & Pullen, entitled "Fee Compensation", included eight (8) auditing services pursuant to RFP NO. 23-05/06: The City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR); Federal Grant Programs and State Projects (OMB A-133 Single Audit); Miami Beach Redevelopment Agency's (RDA) Basic Financial Statements; Parking Systems Funds' (PSF) Financial Statements; Miami Beach Visitor and Convention Authority's (VCA) Financial Statements; e Miami Beach Convention Center (MBCC) and Fillmore Miami Beach at the Jackie Gleason Theater Financial Statements; and The Safe Neighborhood Parks and Bond Program (SNP); and WHEREAS, the fee compensation for the eight (8) aforementioned auditing services were negotiated and incorporated as part of Exhibit "B" for the initial five-year contract commencing with Fiscal Year ending on September 30, 2006, and ending with Fiscal Year ending on September 30,201 0; and WHEREAS, the Agreement provides for the City, at its sole discretion, to renew term of the Agreement, upon the same terms and conditions, for up to five (5) additional one (1) year renewal terms; and WHEREAS, it is the City's best interest to renew the existing Agreement, with no increase to the Fee Compensation Schedule; and WHEREAS, as a result of Miami-Dade County Ordinance 05-47 and the Children's Trust Contractual Agreement, there was a need to audit the Building Better Communities Bond Project for Fiscal Years ending September 30, 2006 through 2010; and the Children's Trust Program for Fiscal Years ending September 30, 2008 through 2010 WHEREAS, the proposed amendment will add the Building Better Communities Bond Project and the Children's Trust Program for the Fiscal Year ending September 30, 201 1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that Mayor and City Commission hereby approving and authorizing the Mayor and City Clerk to execute an amendment to the Professional Services Agreement between the City of Miami Beach, Florida and Mcgladrey & Pullen, LLP., dated October 26, 2006, for Independent Audit Services (the Agreement); said amendment revises Exhibit "B" of the original Agreement, entitled "Fee Compensation", by adding an audit of the Building Better Communities Bond Project for the Fiscal Year ending on September 30, 201 1, and an audit of the Children's Trust Fund Program for the Fiscal Year ending on September 30, 2011; and further approves the first year renewal option of the Agreement. PASSED AND ADOPTED this day of 201 1. ATTEST: ClTY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FORFECUTlON COMMISSION ITEM SUMMARY Condensed Title: 1 Consenting to the appointment of Stephen Scott as the Director of the Building Department for the City of I . . I Miami ~each. I Key Intended Outcome Supported: Ensure compliance with Code within reasonable time frame. Ensure safety and appearance of building structures and sites. Stabilize residential condominiums. Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): NIA Issue: Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming Stephen Scott as the Director of the Building Department? Item Summary/Recommendation: The Building Department provides supervision of construction activities, acceptance of building permit -. applications, issuance of ail building and trade permits, verification of compliance with the ~lorida Building Code and enforcement of codes promulgated by regulatory agencies such as the Hotel and Restaurant Commission, Miami-Dade Environmental Resources Management, State Departments of Health and Professional Regulation, Board of Adjustment and the U.S. Army Corp of Engineers. Plumbing, Building, Electrical, Elevator and mechanical officials inspect new and existing structures for compliance. The Director of the Building Department plans, organizes, directs and controls the activities of the City's Building Department. Under our current organizational structure, a separate Building Official supervises all regulatory requirements. Article IV, Section 4.02, of the City of Miami Beach Charter requires the consent of the City Commission for the appointments of Department Directors. Following an extensive search for qualified candidates, Stephen Scott has been selected as the Building Department Director and is being submitted for consent by the City Commission. Mr. Scott has over 16 years of experience in local government management and a proven record of undertaking highly responsible and challenging assignments. He previously served as an Assistant City Attorney for the Cities of Hialeah, Fort Lauderdale and Miami. Mr. Scott also held a number of highly responsible positions with the City of Ft. Lauderdale, such as Director of the Office of Professional Standards; Assistant City Manager; and most recently, Director of the City's Economic Development Department. Mr. Scott is a graduate of the University of Florida and The George Washington University 1 school of Law. I Advisory Board Recommendation: [ NIA Financial Information: I I L I City Clerk's Office Legislative Tracking: I Ramiro Inguanzo, Human Resources Source of Funds: El- OBPl Financial Impact Summary: 1 2 3 4 Total Account Amount Approved 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 9-75 DATE: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR MD CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF STEPHEN SCOTT AS THE DIRECTOR OF THE BUILDING DEPARTMENT FOR THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and Commission adopt the attached resolution consenting and confirming Stephen Scott as the Director of the Building Department for the City of Miami Beach. Article IV, Section 4.02, of the City of Miami Beach Charter requires the consent of the City Commission for the appointments of Department Directors. ANALYSIS The Administration has concluded its extensive recruitment for a Building Director and has selected Mr. Stephen Scott. In addition to City's own outreach and recruitment efforts, the City retained the services of Development Services Solutions LLC (DSS), an executive recruiter that specializes in construction-related staffing. The City received over 700 applications. As part of their recruiting efforts, DSS identified candidates through referrals, networking, and online services; screened potential candidates; and submitted written summaries of semi- finalists candidates. The City also continued to identify candidates and referred them to DSS. Those candidates identified by DSS as meeting the City's criteria participated in telephone interviews with City staff, through which a group of seven finalists were identified. The finalists participated in the two (2) rounds of in-person interviews conducted by panels of internal and external stakeholders and representatives who frequently interact with the Building Department. The panel of external stakeholders included: Russell Galbut, Todd Glaser, Alfredo Gonzalez, Mahli Lee, Donald Kipnis, Scott Robins, Sandor Scher and Assistant City Manager Jorge Gomez. Stephen Scott Consent Item September 14,201 1 Page 2 of 3 The panel of internal stakeholders included: Miami Dade County Building Director Charlie Danger and the following City staff: Richard McConachie (Building Department), Kathie Brooks (Office of Budget and Performance Improvement), Sonia Machen (Fire Department), Robert Santos-Alborna (Code Compliance), Fernando Vazquez (Capital lmprovement Projects, and Rafael Granado (Human Resources) Both the internal and external stakeholder groups unanimously recommended Mr. Scott as the top candidate. Both the external and the internal groups also recommended two different candidates as their second choice. All three candidates were then subsequently interviewed by City Manager Jorge Gonzalez, Assistant City Manager Jorge Gomez, Human Resources Director Ramiro Inguanzo, Public Works Director Fred Beckmann and former City of Miami Beach Commissioner and current Capital lmprovement Projects Oversight Committee Chairman Saul Gross. This group also unanimously selected Mr. Scott as the most qualified and top candidate. Mr. Scott has over 16 years of experience in local government management and a -. proven record of undertaking highly responsible and challenging assignments. He is a graduate of the University of Florida and The George Washington University School of Law. He worked as an Assistant City Attorney for the Cities of .Hialeah, Fort Lauderdale and Miami, specializing in commercial litigation and business law, along with labor and employment law and litigation. Mr. Scott joined the City of Fort Lauderdale's executive staff in 2002 as the City's first Director of the Office of Professional Standards. In 2004, he became an Assistant City Manager in Fort Lauderdale. While an Assistant City Manager, Mr. Scott directly supervised the City's Building Department and spearheaded a comprehensive action plan for the Department in the aftermath of Hurricane Wilma. In 2009, Mr. Scott was appointed Director of the City's fledgling Economic Development Department, with a mission to make the City as "business friendly" as possible, promote economic development, as well as streamline regulations and processes during difficult economic times. During his tenure with the department, while working in conjunction with other local, regional, and state organizations, Mr. Scott implemented proactive, professional economic development programs to address both the attraction of new businesses and the expansion and retention of existing companies in the City of Fort Lauderdale. He serves on the Board of the Greater Fort Lauderdale Alliance for Economic Development, the Board of Governors of the Downtown Council, the Executive Committee of Business First Fort Lauderdale with the Greater Fort Lauderdale Chamber of Commerce. Mr. Scott is a Board member of the Chamber's Beach Council, and also acts as liaison to the Fort Lauderdale Beach Business lmprovement District. Attached is a resume for Mr. Scott with additional details regarding his professional background. Stephen Scott Consent Item September 14,201 1 Page 2 of 3 CONCLUSION Given the important role that economic development plays in the City and in the Building Department, Mr. Scott's background, in particular his experience with economic development efforts and with creating a "business friendly" environment, will ensure that the City continues to improve its building development processes, thereby enhancing the service provided to residents, visitors and members of the construction trade. Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is recommended that the Mayor and City Commission adopt the resolution consenting and confirming Stephen Scott as the Director of the Building Department. T:MGENDAPOI 1\9-14-1 l\Stephen Scott Memodoc STEPHEN SCOTT PROFESSIONAL EXPERIENCE City of Fort Lauderdale, FL October 2002 to present Title: Director, Economic Development Department January 2009 to present Responsible for the implementation of all of the City of Fort Lauderdale's economic development incentive ordinances. City liaison to all business organizations throughout the City, including the Greater Fort Lauderdale Chamber of Commerce, Greater Fort Lauderdale Convention and Visitor's Bureau, the Downtown Council, Beach Council, and the Downtown Development Authority. Staff supervisor for the Fort Lauderdale Beach Business Improvement District. Designated City point person for all Super Bowl and Pro Bowl related matters. Act as special Events coordinator for the City for large events. Supervise City's Fort Lauderdale Beach Community Redevelopment Agency and a City real estate division responsible for the management and control of approximately $50 million real estate inventory. Direct report to the City Manager. Serve on the Board of Directors of the Downtown Council of the Greater Fort Lauderdale Chamber of Commerce, and the Board of Directors of the Greater Fort Lauderdale Alliance for Economic Development. Title: Assistant City Manager October 2004 to January 2009 Responsible for the direct supervision, hiring and evaluation of all Department Heads, as well as the supervision and operations of the Building Department, Procurement Services Department, Business Enterprises Department, Finance Department, Office of Management and Budget, Parking and Fleet Services Department, and Information Technology Department. Broad spectrum of responsibilities included long range planning, extensive community outreach, interaction with homeowners associations and multiple interest groups, review and approval of all City contracts, preparation of agendas for City Commission meetings, regular interaction with elected officials, and general oversight and planning for City with population of approximately 185,000 residents, 2600 employees, and $600 million all funds budget. Reported directly to the City Manager. Title: Director, Office of Professional Standards October 2002-October 2004 Founding Director for Department responsible for investigation, reporting, compliance and monitoring of all internal claims relating to the violation of local, state and federal employment laws, as well as all laws relating to minority business participation in City contracts. Department issues included claims of discrimination, harassment, retaliation, "whistle-blower", FMLA, ADA, and claims of workplace "unfairness". Department focus was reduction andlor prevention of charges filed with local, state and federal agencies. Developed a Code of Professional Conduct (ethics) for the entire organization. Advisor to Human Resources Division and Employee Relations Division regarding employment issues of all types. Responsible for developing and implementing conflict resolution and mediation programs to minimize employment related conflict throughout all levels off the organization. City of Miami, FL Title: Assistant City Attorney February 2001 - September 2002 Labor and employment litigation specialist. Litigated discrimination, harassment, retaliation, "whistleblower", Family and Medical Leave Act and Fair Labor Standards Act lawsuits in State and Federal Court, as well as other legal challenges filed in Court or in arbitration proceedings arising out of four collective bargaining agreements. Acted as Legal advisor to the Office of Equal Opportunity Diversity Programs, Department of Human Resources, and Employee Relations Division. Served as legal Advisor to the Equal Opportunity Advisory Board and the Overtown Advisory Board. City of Fort Lauderdale, FL Title: Assistant City Attorney September 1999- January 2001 Labor and Employment Specialist. Acted as legal advisor to the Office of Equal Opportunity, Management Practices Committee, Personnel Division and Employee Relations Division. Represented City in Federal and State Court on constitutional challenges to City Ordinances. Developed and drafted resolutions and ordinances related to employment issues, the regulation of alcoholic beverage and adult entertainment businesses, and general legislative issues as required by the City Attorney. Developed internal policies and procedures. Monitored compliance with state and local laws regarding minority business participation in City contracts. Assisted City Attorney as legal advisor to the Charter Revision Board. City of Hialeah, FL Title: Assistant City Attorney March 1995-September 1999 Participated in varied municipal practice. Labor and employment specialist and general litigator. Represented the City in negotiations of Collective Bargaining Agreement with the International Association of Firefighters Union. Legal advisor to the Personnel Board. Represented the City in more than 30 labor arbitrations with the Police Benevolent Association, and responded to, mediated and settled complaints filed with the Equal Employment Opportunity Commission. Private Sector Experience Concepcion, Sexton & Stiphany Coral Gables, FL; Associate Greenspan, Jaffe & Rosenblattt White Plains, NY; Associate EDUCATION The George Washington University The National Law Center; JD Conferred The University of Florida Bachelor of Arts; Political Science MEMBERSHIPS Jerome H. Shevin P.A. Miami, FL; Associate The Florida Bar United States District Court, Southern District of Florida RESOLUTION TO BE SUBMITTED COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the City of Miami Beach to accept a donation of physicial fitness equipment from Mr.Valentine Francis Bubosky, on behalf of the Miami Beach Police Department,with an approximate value of $10,000 to be housed in the Miami Beach Police Department's gymnasium. Key Intended Outcome Supported: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): Pursuant to the 2009 Community Survey by The Center For Research and Public Policy residential respondents reported the following as their top three most important public safety areas for the City: Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and Increasing Visibility of Police in Neighborhoods 32.4%. Issue: ------ Shall the Administration adopt the Resolution? Item SummarylRecommendation: In the interest of health and fitness Command Staff of the Miami Beach Police Department encourages Department personnel to take advantage of the physical fitness equipment in the Police Headquarters Building gymnasium. Recently, Mr. Valentine Francis Bubosky a long time resident of South Florida determined he has no further need for his physical fitness equipment and wishes to donate the equipment to the Miami Beach Police Department. This equipment comprised of free weights and weight machines has an approximate value of $10,000. This equipment would enhance the current equipment and will be housed in the Departments gymnasium. I I City Clerk's Office Legislative Tra~king: Michael Gruen, Manager Planning and Research Advisory Board Recommendation: NA Financial Information: I Miami Beach Police Department AGENDA STEM C7K DATE y4/P// Account I Financial Impact Summary: NA I Amount Source of Funds: -I OBPl 1 2 Total @ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miarnibeachhl.gov MEMO # COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of thepity Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 SUBJECT A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE ClTY OF MlAMl BEACH TO ACCEPT A DONATION OF PHYSICAL FITNESS EQUIPMENT FROM MR. VALENTINE FRANCIS BUBOSKY, ON BEHALF OF THE MlAMl BEACH POLICE DEPARTMENT, WITH AN APPROXIMATE VALUE OF $10,000.00 TO BE HOUSED IN THE MIAMI BEACH POLICE DEPARTMENT'S GYMNASIUM. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS In the interest of health and fitness Command Staff of the Miami Beach Police Department encourages Department personnel to take advantage of the physical fitness equipment in the Police Headquarters Building gymnasium. Recently, Mr. Valentine Francis Bubosky a long time resident of South Florida determined he has no further need for his physical fitness equipment and wishes to donate the equipment to the Miami Beach Police Department. This equipment comprised of free weights and weight machines has an approximate value of $10,000. This equipment would enhance the will be housed in the Departments gymnasium. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE ClTY OF MlAMl BEACH TO ACCEPT A DONATION OF PHYSICAL FITNESS EQUIPMENT FROM MR. VALENTINE FRANCIS BUBOSKY, ON BEHALF OF THE MlAMl BEACH POLICE DEPARTMENT, WITH AN APPROXIMATE VALUE OF $10,000.00 TO BE HOUSED IN THE MlAMl BEACH POLICE DEPARTMENT'S GYMNASIUM. WHEREAS, the Miami Beach Police Department (MBPD) has a gymnasium with various types of physical fitness equipment on the second floor of the building; and WHEREAS, the Command Staff of the MBPD strongly promote physical fitness for all MBPD employees, and encourages the use of the MBPD's gymnasium; and WHEREAS, Mr. Valentine Francis Bubosky wishes to donate physical fitness equipment, .- which is comprised of, free weights and weight machines, which is valued at $10,000.00; and WHEREAS, this physical fitness equipment will enhance the current physical fitness equipment housed in MBPD's gymnasium, and will be maintained within the Miami Beach Police Department gymnasium to be utilized by MBPD personnel. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, authorizing the City of Miami Beach to accept a donation of physical fitness equipment from Mr. Valentine Francis Bubosky, on behalf of the Miami Beach Police Department, with an approximate value of $1 0,000.00 to be housed in the Miami Beach Police Department's gymnasium. PASSED and ADOPTED this day of September, 201 1. ATTEST BY: MAYOR MATT1 HERRERA BOWER ROBERT PARCHER, ClTY CLERK APPROVED AS THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Major and City Commission of the City of Miami Beach, Florida authorizing the City Manager, or his designee, and City Clerk to execute a Memorandum of Understanding and an agreement between the City of Miami Beach, on behalf of the MBPD, and the Internal Revenues Service, Criminal lnvestigations Division to participate in the IRS Financial lnvestigative Strike Force High Intensity Drug Trafficking Area (HIDTA) Group 5 Task Force for the purpose of apprehending and prosecuting individuals who are involved in narcotics trafficking, money laundering and other major crimes. Key Intended Outcome Supported: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): Pursuant to the 2009 Community Survey by The Center For Research and Public Policy residential respondents reported the following as their top three most important public safety areas for the City: Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and Increasing Visibility of Police in Neighborhoods 32.4%. A Issue: 1 Shall the Administration adopt the Resolution? I Item Summary/Recommendation: I The Miami Office of the IRS Criminal lnvestiaations Division has established the IRS Financial lnvestigative Strike Force HIDTA Group 5 for th&purpose of apprehending and prosecuting individuals who are involved in narcotics trafficking, money laundering and other major crimes. It is a well know fact, that street crime in Miami Beach is related to illicit narcotic activity to include use, sale and distribution of cocaine, marijuana, heroin and other designer type drugs. This Strike Force has enhanced the effectiveness of Federal, State and local law enforcement resources through a well coordinated initiative seeking the most effective investigative and prosecutive avenues that identifies and curbs major narcotic activities. In an effort to support the Strike Force, the Miami Beach Police Department (MBPD) has been asked by the IRS Criminal lnvestigations Division to participate and execute an Agreement between the IRS Criminal lnvestigations Division and the City of Miami Beach on behalf of the MBPD. As a result, a detective from the Criminal lnvestigations Division will be assigned to the Strike Force to work in conjunction with their personnel in identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida. Participation in the Strike Force will benefit the City of Miami Beach and the MBPD because of access to investigative capabilities, and potential revenue sharing under forfeiture proceedings. Pursuant to this Agreement, the IRS Criminal lnvestigations Division has agreed to reimburse the City of Miami Beach for $15,000 in overtime and $6,000 in travel and related expenses incurred by the Detective in connection with Strike Force investigations for the contract term. Upon all the signatures to the Agreement, the Detective can Financial Information: I Source of Amount Account I I Funds: I I 11 OBPl Total I I I Financial Impact Summary: NA City Clerk's Ofj&qJ-e&lative Tracking: I Michael ~rue5, M&a"e? '- "--- umA,wc7~ DATE f"/V-// [ Planning and desearch Section Sign-Offs: A Department ~irectof ) Carlos E. Noriega, Chief Miami Beach Police De~t. Assistant City Manager City Manager rx?%. 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 Commission FROM: Jorge M. Gonzalez, City Manage DATE: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE AND ClTY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND AN AGREEMENT BETWEEN THE CITY OF MlAMl BEACH, ON BEHALF OF THE MlAMl BEACH POLICE DEPARTMENT, AND THE INTERNAL REVENUE SERVICE (IRS) CRIMINAL INVESTIGATION DIVISION TO PARTICIPATE IN THE IRS FINANCIAL INVESTIGATIVE STRIKE FORCE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GROUP5TASKFORCE FORTHE PURPOSEOF APPREHENDING AND PROSECUTING INDIVIDUALS WHO ARE INVOLVED IN NARCOTICS TRAFFICKING, MONEY LAUNDERING AND OTHER MAJOR CRIMES. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS The Miami Office of the IRS Criminal lnvestigations Division has established the IRS Financial Investigative Strike Force HIDTA Group 5 for the purpose of apprehending and prosecuting individuals who are involved in narcotics trafficking, money laundering and other major crimes. It is a well know fact, that street crime in Miami Beach is related to illicit narcotic activity to include use, sale and distribution of cocaine, marijuana, heroin and other designer type drugs. This Strike Force has enhanced the effectiveness of Federal, State and local law enforcement resources through a well coordinated initiative seeking the most effective investigative and prosecutive avenues that identifies and curbs major narcotic activities. In an effort to support the Strike Force, the Miami Beach Police Department (MBPD) has been asked by the IRS Criminal lnvestigations Division to participate and execute an Agreement between the IRS Criminal lnvestigations Division and the City of Miami Beach on behalf of the MBPD. As a result, a detective from the Criminal lnvestigations Division will be assigned to the Strike Force to work in conjunction with their personnel in identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida. Participation in the Strike Force will benefit the City of Miami Beach and the MBPD because of access to investigative capabilities, and potential revenue sharing under forfeiture proceedings. Pursuant to this Agreement, the IRS Criminal lnvestigations Division has agreed to reimburse the City of Miami Beach for $15,000 in overtime and $6,000 in travel and related expenses incurred by the Detective in connection with Strike Force investigations for the contract term. Upon all the signatures to the Agreement, the Detective can participate in the Strike Force until September 30, 201 2 A RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE ClTY MANAGER, OR HIS DESIGNEE, AND ClTY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND AN AGREEMENT BETWEEN THE ClTY OF MlAMl BEACH, ON BEHALF OF THE MlAMl BEACH POLICE DEPARTMENT, AND THE INTERNAL REVENUE SERVICE (IRS) CRIMINAL INVESTIGATION DIVISION TO PARTICIPATE IN THE IRS FINANCIAL INVESTIGATIVE STRIKE FORCE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GROUP 5 TASK FORCE FOR THE PURPOSE OF APPREHENDING AND PROSECUTING INDIVIDUALS WHO ARE INVOLVED IN NARCOTICS TRAFFICKING, MONEY LAUNDERING AND OTHER MAJOR CRIMES. - WHEREAS, the Miami Field Office of the IRS Criminal lnvestigations Division has established the IRS Financial lnvestigative Strike Force HIDTA Group 5 (Task Force) for the purpose of apprehending and prosecuting individuals who are involved in narcotics trafficking, money laundering and other major crimes; and WHEREAS, the IRS Financial lnvestigative Strike Force HIDTA Group 5 enhances the effectiveness of Federal, State and local law enforcement resources through a well coordinated law enforcement initiative, which seeks the most effective investigative and prosecutive avenues that identifies major narcotic activities; and WHEREAS, a detective from the Miami Beach Police Department will be assigned to the Task Force, to work in conjunction with Federal, State and local law enforcement personnel in identifying, locating and apprehending individuals who commit these crimes 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 this IRS Financial lnvestigative Strike Force HIDTA Group 5 based upon the accessibility to various investigative resources, capabilities, and potential revenue sharing under Federal forfeiture proceedings; and WHEREAS, the IRS Criminal lnvestigations Division will reimburse the City of Miami Beach and the Miami Beach Police Department for overtime expenses up to $15,000.00, and $6,000.00 in travel and related expenses for the term of the agreement pursuant to 31 U.S.C. § 9703, in connection with the IRS Financial lnvestigative Strike Force HIDTA Group 5; and WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department, and the IRS Criminal lnvestigations Division, wishes to execute a Memorandum of Understanding and an Agreement to participate in the IRS Financial lnvestigative Strike Force HIDTA Group 5,' which shall commence upon the signatures of all parties and will remain in effect until September 30, 2012. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, authorizing the City Manager, or his designee, and City Clerk to execute a Memorandum of Understanding and an Agreement between the City of Miami Beach, on behalf of the Miami Beach Police Department, and the Internal Revenue Service (IRS) Criminal Investigation Division to participate in the IRS Financial Investigative Strike Force High Intensity Drug Trafficking Area (HIDTA) Group 5 Task Force for the purpose of apprehending and prosecuting individuals who are involved in narcotics trafficking, money laundering and other major crimes. PASSED and ADOPTED this day of September, 201 1. ATTEST BY: MAYOR MATTI HERRERA BOWER ROBERT PARCHER, ClTY CLERK COMMISSION ITEM SUMMARY Condensed Title: A resolution authorizing the Mayor and City Clerk to execute an agreement between the City of Miami Beach and the Town of Medley for the purpose of conducting firearms training by the MBPD at the Town of Medley Police Firearms Police Firearms Training Center located at 9700 NW 4,7 Avenue, Medley, Florida. Key Intended Outcome Supported: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): Pursuant to the 2009 Community Survey by The Center For Research and Public Policy residential respondents reported the following as their top three most important public safety areas for the City: Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and Increasing Visibility of Police in Neighborhoods 32.4%. Issue: ------ Shall the Administration adopt the Resolution? Item SummarylRecommendation: I For several years the Miami Beach Police Department (MBPD) has used the Town of Medley outdoor Police irea aims Training Center located at 9700 NW 97Avenue to facilitate state mandatory firearms qualification. Although, the MBPD has an indoor firearms range, it does not meet the rifle firearms training needs because of its limited size and number of shooting positions. The Medley Police Firearms training Center is a large facility with four separate firearms ranges accommodating as many as 20 shooter positions that is designed for high powered rifle and specialized firearms training. The Town of Medley on behalf of the Medley Police Firearms Training Center is now requiring the License and Hold Harmless Agreement between the City of Miami Beach on behalf of the MBPD and the Town of Medley be executed to use their firearms range in the future. This agreement specifies the terms and use o the premises, safety regulations compliance, indemnification and a reasonable fee schedule agreeable to the MBPD. Advisory Board Recommendation: NIA City Clerk's Office Legislative Tracking: Michael Gruen, Manager Planning and Research Section Miami Beach Police Department Financial Information: Account Financial Impact Summary: Amount Source of Funds: El OBPl 1 2 Total MIAMIBEACH Ciiy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov MEMO # COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE ClTY OF MlAMl BEACH AND THE TOWN OF MEDLEY FOR THE PURPOSE OF CONDUCTING FIREARMS TRAINING BY THE MlAMl BEACH POLICE DEPARTMENT AT THE TOWN OF MEDLEY POLICE FIREARMS TRAINING CENTER, LOCATED AT 9700 NW 97 AVENUE, MEDLEY, FLORIDA ADMINISTRATION RECOMMENDATION Adopt the Resolution ANALYSIS For several years the Miami Beach Police Department (MBPD) has used the Town of Medley outdoor Police Firearms Training Center located at 9700 NW 97Avenue to facilitate state mandatory firearms qualification. Although, the MBPD has an indoor firearms range, it does not meet the rifle firearms training needs because of its limited size and number of shooting positions. The Medley Police Firearms training Center is a large facility with four separate firearms ranges accommodating as many as 20 shooter positions that is designed for high powered rifle and specialized firearms training. The Town of Medley on behalf of the Medley Police Firearms Training Center is now requiring the License and Hold Harmless Agreement between the City of Miami Beach on behalf of the MBPD and the Town of Medley be executed to use their firearms range in 'the future. This agreement specifies the terms and use dthe premises, safety co plia ce, indemnification and a reasonable fee schedule agreeable to the MBPD. regula$ht8 JMGICNIRAMI G RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE ClTY OF MlAMl BEACH AND THE TOWN OF MEDLEY, FOR THE PURPOSE OF CONDUCTING FIREARMS TRAINING BY THE MlAMl BEACH POLICE DEPARTMENT AT THE TOWN OF MEDLEY POLICE FIREARMS TRAINING CENTER LOCATED AT 9700 NW 97 AVENUE, MEDLEY, FLORIDA. WHEREAS, the Miami Beach Police Department's Indoor Firearms Range fails to meet the firearms training needs of its sworn personnel because of the limited size and number of shooting positions; and WHEREAS, the Miami Beach Police Department's Training Section has developed courses for its sworn personnel, which involve utilizing high-powered rifles and Special Weapons and Tactics (SWAT) training, and as a result of these specialized training courses, cannot be held at the Miami Beach Police Department's Indoor Firearms Range due to the - physical limitations of the Firearms Range; and WHEREAS, the Miami Beach Police Department has utilized the City of Medley Outdoor Police Firearms Training Center to conduct firearms training throughout the previous years for these specialized training courses; and WHEREAS, the Medley Police Firearms Training Center is a large facility with separate firearms ranges, accommodating as many as 20 handgun shooter positions, and is designed for utilizing high-powered rifles and specialized firearms training; and WHEREAS, the Town of Medley, on behalf of the Medley Police Firearms Training Center, has requested an Agreement be entered into between the City of Miami Beach, on behalf of the Miami Beach Police Department, in order to allow and authorize the continued use of their firearms range by the City of Miami Beach Police Department; and WHEREAS, the Agreement shall specify the terms and use of the premises, safety regulations compliance, and a reasonable fee schedule, which is agreeable to the Miami Beach Police Department. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, hereby authorize the Mayor and City Clerk to execute an Agreement between the City of Miami Beach and the Town of Medley, for the purpose of conducting firearms training by the Miami Beach Police Department at the Town of Medley Police Firearms Training Center located at 9700 N.W. 97 Avenue, Medley, Florida. PASSED and ADOPTED this day of September, 201 1. ATTEST BY: MAYOR MATTI HERRERA BOWER ROBERT PARCHER, CITY CLERK APPROVED AS TO 261 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution setting a public hearing at the October 19, 201 1 City Commission meeting to consider a revocable permit for the property located at 701 Lincoln Road, for the proposed fixed canopy that extends over and into the public right of way. Key Intended Outcome Supported: Maintain Miami Beach public areas and Rights-of-way Citywide Supporting Data (Surveys, Environmental Scan, etc.): NIA Issue: I Shall the City Commission schedule a public hearing? I Item Summary/Recommendation: The subject building was constructed in 1939 and designed by noted period architects Polevitsky & Russell. It is classified as "Contributing" in the Miami Beach Historic Properties Database and is located within the Flamingo Park Local Historic District and the National Register Architectural District. The original architect designed the 3rd level addition, which was constructed in 1956. As part of the original design, a well detailed canopy was placed at the central entrance to the building, facing Lincoln Road. In order to reference the spirit and design intent of the historic canopy, a new canopy structure was proposed and approved as part of the substantial restoration of the subject structure. This new canopy does not extend as far into the right-of-way as the original. The criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82 - 84, to allow a modest encroachment over the City's right-of-way to create a sense of place and identity as well as provide shade to the property's prospective patrons. The request is in harmony with the intent and purpose of the City Code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. The permit will provide the applicant with a reasonable use of the property. I THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I NIA j Financial Information: City Clerk's Office Legislative Tracking: 1 Richard W. Saltrick, Acting City Engineer, ext.6565 - OBPl Account Source of Amount Financial Impact Summary: NIA 2 Total Funds: I I NIA NIA 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. September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING AT THE OCTOBER 19,2011 ClTY COMMISSION MEETING, TO CONSIDER A REVOCABLE PERMIT FOR COMCO LLC, OWNER OF THE PROPERTY LOCATED AT 901 LINCOLN ROAD, FOR THE PROPOSED FIXED CANOPY THAT EXTENDS APPROXIMATELY SIX FEET ONE INCH (6'-1") OVER AND INTO THE PUBLIC - - RIGHT OF WAY WITH A MINIMUM VERTICAL HEIGHT OF ELEVEN FEET HALF INCH (11'-112") AS MEASURED FROM THE LINCOLN ROAD SIDEWALK. ADMINISTRATION RECOMMENDATION Adopt the Resolution BACKGROUND The subject building was constructed in 1939 and designed by noted period architects Polevitsky & Russell. It is classified as "Contributing" in the Miami Beach Historic Properties Database and is located within the Flamingo Park Local Historic District and the National Register Architectural District. The original architect designed the 3rd level addition, which was constructed in 1956. As part of the original design, a well detailed canopy was placed at the central entrance to the building, facing Lincoln Road (Attachment A). In order to reference the spirit and design intent of the historic canopy, a new canopy structure was proposed and approved by Historic Preservation Board at its February 8, 2011 meeting as part of the substantial restoration of the subject structure. See (Attachment B and C). This new canopy does not extend as far into the right-of-way as the original. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances for the grantingldenying of revocable permits, the City has analyzed the criteria and issues the following conclusions: 1) That the applicant's need is substantial. Satisfied. The applicant's need for the permit is substantial. The existing building was constructed at the property line. Accordingly, minimal encroachment onto the abutting sidewalk is necessary to create a sense of place and identity, as well as provide visual interest and character to the building. In addition, a fixed canopy of this nature is necessary to provide cover and shade the retail store's patrons. City Commission Memorandum-701 Lincoln Road September 14,2011 Page 2 of 3 2) That the applicant holds the title to an abutting property. Satisfied. The applicant is the Fee Simple Owner of the property located at 701 Lincoln Road, the property is adjacent to Lincoln Road. 3) That the proposed improvements comply with applicable codes, ordinances, regulations, and neighborhoods plans and laws. Satisfied. The proposed fixed canopy will be constructed in accordance with the relevant sections of the Code of the City of Miami Beach and the Florida Building Code. The proposed projection of six feet one inch (6'-1") into the right-of-way is identical to the one that currently exists. 4) That the grant for such application will have no adverse effect on government/utility easements and uses on the property. Satisfied. The proposed fixed canopy to the entrance of the property located at 701 Lincoln Road is not considered to have or create impacts or adverse conditions as a result of granting this Revocable Permit. The proposed canopy does not impact and governmental or utility easements, and the location of the canopy eleven feet half inch (1 1'-112") above the top of curb and it being attached to the face of the building will not present an issue to -- , pedestrians along Lincoln Road. 5) Alternatively: a. That an unnecessary hardship exits that deprives the applicant of a reasonable use of the land, structure or building for which the Revocable Permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structures or building. Satisfied. A special circumstance exists that the denial of the permit would deprive the applicant of a reasonable use of the land. Specifically, the building was constructed at the property line. As such, the fixed canopy subject of this application must project over the City right-of-way. b. That the grant of the revocable permit will enhance the neighborhood andlor community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting and improved security. Satisfied. Granting the permit will enhance the neighborhood by creating a sense of place and identity, as well as provide visual interest and character to the building. Further, these architectural elements will serve a reminder of the former Saks Fifth Avenue, thus preserving in a small way the history of this area of the City. 6) That the granting the revocable permit requested will not confer on the applicant any special privilege that is denied to other owner of land, structures, or building subject to similar conditions. Satisfied. Any property owner, especially those with a small lot, with an existing or proposed building placed at or near streets may request a revocable permit for projections over the right-of-way. Therefore, granting the permit will not confer any special privilege on the applicant that would otherwise be denied to others similarly situated in the same zoning City Commission Memorandum-701 Lincoln Road September 14,2011 Page 3 of 3 district. 7) That granting the revocable permit will be in harmony with the general intent and purpose of Article Ill of the City Code, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Satisfied. The proposed fixed canopy that will project into the public way is not considered to affect surrounding properties, nor devalue any adjacent properties or causes the property to be in any way less aesthetic, and/or out of harmony with the surrounding properties. Moreover, the proposed canopy will not provide a detrimental effect to the public welfare, as it will provide shade and protection from the elements to the retail store's patrons. The analysis above shows that the criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82 - 84, to allow a modest encroachment over the City's right-of-way to create a sense of place and identity as well as provide shade to the property's prospective patrons. The request is in harmony with the intent and purpose of the City Code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. The permit will - provide the applicant with a reasonable use of the property. CONCLUSION The Administration recommends that the City Commission set a public hearing at the October 19, 201 1 City Commission meeting to consider a revocable permit for the property located at 701 Lincoln Road, for the proposed fixed canopy that extends over and into the public right-of- way. Attachment: A - Photos of original canopy B - Sketch and Legal description of the encroachment C - Forever 21 elevation drawing T:\AGENDA\.OI 1\9-14-1 I\Revocable Permit-701 Lincoln Road Memo.docx RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE OCTOBER 19, 2011 ClTY COMMISSION MEETING TO CONSIDER GRANTING A REVOCABLE PERMIT TO COMCO LLC, OWNER OF THE PROPERTY LOCATED AT 701 LINCOLN ROAD, FOR THE PROPOSED FIXED CANOPY THAT EXTENDS APPROXIMATELY SIX FEET ONE INCH (6'-I") OVER AND INTO THE PUBLIC RIGHT OF WAY ON LINCOLN ROAD MALL. WHEREAS, Comco LLC owns the property located at 701 Lincoln Road; and WHEREAS, the property is located within the Flamingo Park Local Historic District and the National Register Architectural District; and WHEREAS, the building on the property was constructed in 1939 and designed by noted period architects Polevitsky & Russell; and - - WHEREAS, the building is classified as "Contributing" in the Miami Beach Historic Properties Database; and WHEREAS, a well detailed canopy was placed at the central entrance to the building, facing Lincoln Road as part of the original design; and WHEREAS, in order to reference the spirit and design intent of the historic canopy, a new canopy structure was proposed and approved by the Historic Preservation Board at its February 8, 201 1 meeting as part of the substantial restoration of the subject structure; and WHEREAS, the proposed canopy will provide shade and protection from the elements; and WHEREAS, pursuant to Chapter 82, Article Ill, Division 2, Section 82-93 of the City Code, the Mayor and Commission are required to set a public hearing to consider the aforestated request. 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 set a public hearing for the October 19, 2011 City Commission meeting to consider granting a revocable permit to Comco LLC, owner of the property located at 701 Lincoln Road, for the proposed fixed canopy that extends approximately six feet one inch (6'-I") over and into the public right of way on Lincoln Road Mall. PASSED AND ADOPTED this 14th day of September, 2011. ATTEST: Robert @ Parcher, City Clerk Matti Herrera Bower, Mayor APPROVED AS TO Date T:\AGENDA\2011\9-14-1 I\Revocable Permit 701 Lincoln Road RESO.doc Attachment A Attachment C I b5.5 g! 5% ii' 4 2.833. $5. $h 2 $6 a- 3. 3. !$ &8 3; g g9.a 9 &3.9$ = -.g 8 j.. 8 0 P" 9 i: Isg 3; :s. 3 85.33 3% S j.. a -9 ms. 2 ,nag jF: 8.8 < ispD 23- 22: 3 S." (D g 2% a 3. 2 $% 5 e u,q o - Je 2. g I $ as $ :: $ 5 3 2% $2 G' E g s 2 f :: 4 3 2 MAXIMUM VlSlBlLlTY RfiWl!N.llrUnR AIZIR!l-!Ah ph) 310.455.2349 retail services fx) 310.455.1 727 1035 Henry Ridge, Toponga CA 90290 moximumvirQwl.~m COMMISSION ITEM SUMMARY Condensed Title: A Resolution setting a public hearing at the October 19, 201 1 City Commission meeting to consider a revocable permit for the Lincoln East Garage located at 420 Lincoln Road, for the proposed mid- tensioned, removable HPDE metal mesh that extends over and into the public right of way. Key Intended Outcome Supported: Maintain Miami Beach public areas and Rights-of-way Citywide Supporting Data (Surveys, Environmental Scan, etc.): NIA Issue: I Shall the City Commission schedule a public hearing? Item SummarylRecommendation: The subject garage was designed by the noted International Architect Enrique Norten, and includes sidewalk lev4 retail storefronts along the first floor of the primary west (Drexel Avenue) and south (16'" Street) elevations. The Historic Preservation Board determined that it would be critical for the sidewalk along the perimeter of the retail fronting 16'~ street and Drexel Avenue to have shade protection for the pedestrians. In order for the shade structure to maintain architectural compatibility with the design of the garage, the project architect developed the proposed cantilevered system, which has been approved by Planning Department staff, on behalf of the Historic Preservation Board. The criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82 - 84 to allow a modest encroachment over the City's ROW to meet the needs of historic preservation. The request is in harmony with the intent and purpose of the Code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. The permit will provide the Applicant with a reasonable use of the Property. I THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I NIA 1 Financial Information: City Clerk's Office Legislative Tracking: I Richard W. Saltrick, Acting City Engineer, ext.6565 2 1 kWEMU4 ITEM e70 ,,,, 9-/4/-fl Account Source of Funds: OBPl Total I NIA NIA 1 Financial Impact Summary: NIA 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 DATE: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING AT THE OCTOBER 19, 2011 ClTY COMMISSION MEETING TO CONSIDER A REVOCABLE PERMIT FOR 420 LINCOLN ROAD DEVELOPMENT GROUP INC, OWNER OF LINCOLN EAST GARAGE LOCATED AT 420 LINCOLN ROAD, FOR THE PROPOSED MID- TENSIONED, REMOVABLE HPDE METAL MESH THAT EXTENDS APPROXIMATELY FIVE FEET SIX INCHES (5'-6") OVER AND INTO THE PUBLIC - RIGHT OF WAY. ADMINISTRATION RECOMMENDATION Adopt the Resolution BACKGROUND The subject garage was designed by the noted International Architect Enrique Norten, and includes sidewalk level retail storefronts along the first floor of the primary west (Drexel Avenue) and south (16'~ Street) elevations. The Historic Preservation Board determined that it would be critical for the sidewalk along the perimeter of the retail fronting 16'h Street and Drexel Avenue to have shade protection for the pedestrians. In order for the shade structure to maintain architectural compatibility with the design of the garage, the project architect developed the proposed cantilevered system, which has been approved by Planning Department staff, on behalf of the Historic Preservation Board. See (Attachment A and B) ANALYSIS Pursuant to the criteria established under Section 82-94 if the City of Miami Beach Code of Ordinances for the grantingldenying of revocable permits, the City has analyzed the criteria and issues the following conclusions: 1) That the Applicant's need is substantial. Satisfied. In 2009, the Applicant received both Planning Board and Historic Preservation Board approval for the project. Those approvals included a site plan depicting the use of a canopy consisting of a metal mesh screen above a portion of the public ROW along the sidewalk for the purpose of providing pedestrians with protection from the sun and rain. The Applicant's need for the revocable permit is born of the requirements set forth in aforementioned approvals and, therefore is substantial. City Commission Memorandum-Lincoln East Garage September 14,2011 Page 2 of 3 2) That the Applicant holds the title to an abutting property. Satisfied. The applicant is the Fee Simple Owner of the property located at 720 Lincoln Road, the property is adjacent to Lincoln Road. 3) That the proposed improvements comply with applicable codes, ordinances, regulations, and neighborhoods plans and laws. Satisfied. The proposed improvements comply with requirements of Sec. 142-1 132(d) of the Code and the Miami Beach Storefront Guidelines adopted in 2007. The proposed improvements consist of a mid-tensioned, removable HPDE metal mesh and painted steel outriggers extending approximately five feet six inches (5'-6) into the abutting sidewalk. Each section of the canopy is no more than fourteen feet eight inches (14'-8") in length, as noted in the site plan approved by the City's Planning Board and Historic Preservation Board. 4) That the grant for such application will have no adverse effect on governmentlutility easements and uses on property. Satisfied. The proposed improvements comply with the site plan approved by both the City's - Planning and Historic Preservation Boards. No governrnentlutility easements will be adversely affected by the grant of the requested revocable permit. 5) Alternatively: a. That an unnecessary hardship exits that deprives the Applicant of a reasonable use of the land, structure or building for which the Revocable Permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structures or building. Satisfied. A special circumstance exists that the denial of the permit would deprive the Applicant of a reasonable use of the land. Specifically, the building was constructed at the property line. As such, the fixed canopy subject of this application must project over the City ROW. b. That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting and improved security. Satisfied. A grant of the requested revocable permit will permit the abutting building owner to install metal mesh canopies that will serve to enhance the neighborhood through the provision of much needed protection for pedestrians from the sun and rain. 6) That the granting the revocable permit requested will not confer on the Applicant any special privilege that is denied to other owner of land, structures, or building subject to similar conditions. Satisfied. The grant of the requested revocable permit will not confer upon the applicant any special privilege or rights to the abutting right of way nor will it confer a special privilege upon the applicant not generally available to other owners located in the same zoning district. City Commission Memorandum-Lincoln East Garage September 14,2011 Page 3 of 3 7) That granting the revocable permit will be in harmony with the general intent and purpose of Article Ill of the City Code, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Satisfied. The issuance of the requested revocable permit will not be injurious to the neighborhood, the surrounding properties, or otherwise detrimental to the public. To the contrary, it will significantly enhance the experience of pedestrians using this portion of the public right of way. The analysis above shows that the criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82 - 84 to allow a modest encroachment over the City's ROW to meet the needs of historic preservation. The request is in harmony with the intent and purpose of the Code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. The permit will provide the Applicant with a reasonable use of the Property. CONCLUSION The Administration recommends that the City Commission set a public hearing at the October 19, 201 1 City Commission meeting to consider a revocable permit for the Lincoln East Garage located at 420 Lincoln Road for the proposed mid-tensioned, removable HPDE metal mesh that extends over and into the public right of way. Attachments: A - Sketch and Legal description of the encroachment B - 1601 Drexel Avenue elevation drawing T:WGENDA\;IO11\9-14-1 I\Revocable Permit 420 Lincoln Road East Garage Memo.docx RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CIN OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE OCTOBER 19, 2011 CITY COMMISSION MEETING TO CONSIDER GRANTING A REVOCABLE PERMIT TO 420 LINCOLN ROAD DEVELOPMENT GROUP INC, OWNER OF LINCOLN EAST GARAGE LOCATED AT 420 LINCOLN ROAD, FOR THE PROPOSED MID- TENSIONED, REMOVABLE HPDE METAL MESH THAT EXTENDS APPROXIMATELY FIVE FEET SIX INCHES (5'-6") OVER AND INTO THE PUBLIC RIGHT OF WAY ON 16'~ STREET AND DREXEL AVENUE. WHEREAS, 420 Lincoln Road Development Group, Inc. owns the property located at 420 Lincoln Road; and WHEREAS, the subject garage was designed by the noted International Architect Enrique Norten, and includes sidewalk level retail storefronts along the first floor of the primary west (Drexel Avenue) and south (16'~ Street) elevations; and WHEREAS, City staff determined that it would be critical for the sidewalk along the perimeter of the retail fronting 1 6th Street and Drexel Avenue to have shade protection for the pedestrians; and WHEREAS, in order for the shade structure to maintain architectural compatibility with the design of the garage, the project architect developed the proposed cantilevered system; and WHEREAS, the structure has been approved by Planning Department staff, on behalf of the Historic Preservation Board; and WHEREAS, pursuant to Chapter 82, Article Ill, Division 2, Section 82-93 of the City Code, the Mayor and Commission are required to set a public hearing to consider the aforestated request. 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 set a public hearing for the October 19, 2011 City Commission meeting to consider a revocable permit for 420 Lincoln Road Development Group Inc, owner of Lincoln East Garage located at 420 Lincoln Road, for the proposed mid-tensioned, removable HPDE metal mesh that extends approximately five feet six inches (5'-6") over and into the public right of way. PASSED AND ADOPTED this 14th day of September, 2011. ATTEST: Robert f Parcher, City Clerk Matti Herrera Bower, Mayor APPROVED AS TO evocable Permit 420 Lincoln Road East Garage RESO.doc Attachment B DrDloct LINCOLN EAST PARKING GARAGE MIAMI BEACH, FL. I :-= I CANOPY ISOMEIRIC I -wm -N.nD-'m THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving and Adopting thekicense Agreement for the Improvements of Infrastructure on Collins Avenue (State Road AIA) and 80 Street for construction of a sidewalk. Key Intended Outcome Supported: Enhance mobility throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, traffic appears as one of the most important areas affecting residents quality of life; 37% of residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will make Miami Beach a better place to live; traffic flow where you drive in Miami Beach is a key driver for recommending Miami Beach as a place to live. Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: The Florida Department of Transportation (FDOT) is planning to construct improvements on Collins AvenueIState Road AIA from 75th Street to Harding Avenue. Construction is scheduled to begin in April 2012 and will last nine (9) months. These improvements require harmonization with adjacent City owned property and will also require replacing damaged sidewalks and curbs, upgrading the pedestrian ramps to comply with American Disabilities Act (ADA) standards, adding bicycle lanes, installing new signs and pavement markings, and making minor signalization improvements. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. FDOT is requiring that the City execute a license agreement for sloping, grading, tying in, harmonizing and reconnecting existing features of the City's property with the FDOT improvements at the southwest corner of Collins AvenueIState Road AIA and 8oth Street for the removal of an existing curb ramp to construct a sidewalk (FDOT Parcel No. 906). Advisory Board Recommendation: - Financial Information: I Financial Impact Summary: u OBPl City Clerk's Office Legislative Tracking: I Richard W. Saltrick, Acting City Engineer, x. 6565 Account 3 Total AGEMDA ITEM (57P DnrE @/Y-// Amount Source of Funds: m 1 2 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower andMembers of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 w SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MAMI BEACH, FLORIDA, APPROVINGANDAUTHORIZINGTHE MAYOR AND CITYCLERK TO EXECUTE A LICENSE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ON COLLINS AVENUE (STATE ROAD AIA) AND 8oth STREET FOR CONSTRUCTION OF A SIDEWALK. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The Florida Department of Transportation (FDOT) is planning to construct improvements on Collins AvenueIState Road AIA from 75th Street to Harding Avenue. Construction is scheduled to begin in April 2012 and will last nine (9) months. These improvements require harmonization with adjacent City owned property and will also require replacing damaged sidewalks and curbs, upgrading the pedestrian ramps to comply with American Disabilities Act (ADA) standards, adding bicycle lanes, installing new signs and pavement markings, and making minor signalization improvements. ANALYSIS FDOT is requiring that the City execute a license agreement for sloping, grading, tying in, harmonizing and reconnecting existing features of the City's propert with the FDOT improvements X at the southwest corner of Collins AvenueIState Road AIA and 80' Street (Attachment I) for the removal of an existing curb rampito construct a sidewalk (FDOT Parcel No. 906). The property information is located in Attachment 2 and the roadway plan in Attachment 3. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the execution of the license agreement to FDOT. Attachment: 1. License Agreement for Collins AvenueIState Road AIA and 8dh Street 2. Property Information 3. Roadway Plan T:\AGENDA\2011\9-14-1 I\FDOT License Agreement Collins Avenue- Merno.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE A LICENSE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR CONSTRUCTION OF A SIDEWALK ON THE SOUTHWEST CORNER OF COLLINS AVENUE AND 8oTH STREET, AS PART OF FDOT'S COLLINS AVENUEISTATE ROAD A1 A PROJECT. WHEREAS, the Florida Department of Transportation (FDOT) is planning to construct certain improvements on Collins Avenue I State Road AIA and 8oth Street (the FDOT Project); and WHEREAS, the FDOT Project will impact adjacent City-owned facilities; and WHEREAS, FDOT is proposing to slope, grade, tie in, harmonize, and reconnect existing features of the City's properties; and WHEREAS, the FDOT Project requires the removal of an existing curb ramp to construct a sidewalk on a City right-of-way at the southwest corner of Collins AvenueIState Road AIA and 8oth Street; and - * WHEREAS, upon completion of the FDOT Project, the City will own and maintain the sidewalk; and WHEREAS, FDOT is requiring the City to approve and execute a license agreement in order to access the City's property to construct the sidewalk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, hereby approve and authorize the Mayor and City Clerk to execute a License Agreement with the Florida Department of Transportation (FDOT), for construction of a sidewalk on the Southwest corner of Collins Avenue and 8oth Street, as part of FDOT's Collins AvenueIState Road AIA Project. PASSED AND ADOPTED THIS DAY OF 201 1. ATTEST: CITY CLERK MAYOR T:\AGENDA\2011\9-14-1 I\FDOT License Agreement Collins Avenue - Reso.doc APPROVED AS TO FORM & LANGUAGE & FOH EXECUTION Attachment 1 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq., District Six Chief Counsel State of Florida Department of Transportation 1000 N. W. 1 1 1 " Avenue, Miami, Florida 33 172 July 28,201 1 - OS Parcel No. : 906 ItemISegment No.: 4198581 Managing District: 6 LICENSE THIS AGREEMENT, Made the day of ,20 , by and between CITY OF MIAMI BEACH, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: Parcel 906 FIN No. 419858-1 ' A portion of the North 3.0 feet of the property located at 7940 Collins Avenue, Miami Beach, FL 33141 Folio Number: 02-3202-004-0940 The premises may be occupied and used by licensee solely for sloping, grading, tylng in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of J*PIJAR 7 3'4, 2 * ( 3 The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the licensor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. CITY OF MIAMI BEACH, By: Print name Its: Property Type: Government Propew Address: 7910 COLLINS AVE I*lIAMI BEACH, FL 33141-1673 8965j'lvlUPlICIPA : PARKING LOT (county) Lot Size: 0.6 acres / 26,250 sf Dimemiam: 0 ft front f 0 ft deep Zoning: 8000 - COMMUbIIlY FACILITIES Census f tact: 00390 1 Block: 3005 Sec 02 Two: 53 Rng: 42 Legal Description: ALTOS DEL MAR NO 1 PB 3 1-40 LOTS 1 THRU Carrent &mer CTi OF MWfvlI BEACH I 1700 COI*I'iE1%ON CENTER DR MIAMI BEm. FL 33139-l819 / I - - - - - . - - , I / . . . .- - 1 1 2009 Final 2010 Final PARCEL- 906 I sl 8 56,250 Construct side walk with L.A. Remove Existing Curb Ramp 4j56,250 5551,250 SW Corner of 80 Street & Collins Avenue CITY OF MIAMI BEACH, FLORIDA LOCATED: 7940 Collins Avenue, Miami Beach, FL FOLIO- 02-3202-004-0940 Link To County Tw Collector " ..>$"&,m-M" I, r Ttiere are no sales for this property in our database. , - . , -, Bedroon~s: 0 sf Year Built: I &@ FloodSmart.goy - Flood Risk Pmfile @ E iMapp. Inc, 21) 11 j Inhrmatjon is bdievd am~rate but not guaranteed. J- User Guide 1 Tax Data Availability ! For support, email urpport@imapp.com or dl toll free 888462-770 1 4 Powered by FropeitvKgy ROADIVA J' PLAN COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the execution of new easements for four light poles along Dade Boulevard from the 17 Street bridge to Meridian Avenue as part of the Dade Boulevard Bike Path project. Key Intended Outcome Supported: I Ensure well maintained infrastructure I Supporting Data (Surveys, Environmental Scan, etc.): NIA I Issue: I Shall the City Commission approve the easements? I Item SummarylRecommendation: On July 23, 2008, the City of Miami Beach entered into a Local Agency Program Agreement with the Florida Department of Transportation for the construction of the Dade Boulevard Bike Path. This is an 8- foot wide path that lies in the north side of the City owned Collins Canal right-of-way and is adjacent to the south side of Dade Boulevard, which is a County road. Dade Boulevard is a County road with a right-of-way that varies from 65 to 70 feet. The City has a 524 right-of-way for Collins Canal immediately south of Dade Boulevard. Four light poles on the south side of Dade Boulevard conflict with the minimum clearzone requirements for the bike path. These poles are currently located within Miami-Dade County right-of-way but will be relocated to the City right-of-way. An easement will be provided to Miami-Dade County for each pole. Miami-Dade County will be responsible for all repairs and maintenance of these poles. The first pole will be relocated from approximately 4-ft to approximately 134 from the curb, yielding an approximately 35 sq-ft easement. The second pole will be relocated from approximately 4-ft to approximately 10-ft from the curb, yielding an approximately 46 sq-ft easement. The third pole will be relocated from approximately I-ft to approximately 104 from the curb, yielding an approximately 20 sq-ft easement. The fourth pole will be relocated from approximately I-ft to approximately 10-ft from the curb, yielding an approximately 21 sq-ft easement. I THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. 1 Advisory Board Recommendation: 1 NlA Financial Information: City Clerk's Office Legislative Tracking: I Richard W. Saltrick, Acting City Engineer, ext.6565 I Source of I OBPl Funds: I I Amount Financial Impact Summary: NIA 2 Total Account NIA 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 the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAY0 COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF NEW EASEMENTS FOR FOUR LIGHT POLES ALONG DADE BLVD. FROM THE 17 STREET BRIDGE TO MERIDIAN AVENUE AS PART OF THE DADE BOULEVARD BIKE PATH PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On July 23, 2008, the City of Miami Beach entered into a Local Agency Program Agreement with the Florida Department of Transportation for the construction of the Dade Boulevard Bike Path. This is an 8-foot wide path that lies in the north side of the City owned Collins Canal right- of-way and is adjacent to the south side of Dade Boulevard, which is a County road. Dade Boulevard is a County road with a right-of-way that varies from 65 to 70 feet. The City has a 524 right-of-way for Collins Canal immediately south of Dade Boulevard. Four light poles on the south side of Dade Boulevard conflict with the minimum clear zone requirements for the bike path. These poles are currently located within Miami-Dade County right-of-way but will be relocated to the City right-of-way. ANALYSIS An easement will be provided to Miami-Dade County for each pole (Attachment A). Miami-Dade County will be responsible for all repairs and maintenance of these poles. The first pole will be relocated from approximately 4-ft to approximately 134 from the curb, yielding an approximately 35 sq-ft easement. The second pole will be relocated from approximately 4-ft to approximately 104 from the curb, yielding an approximately 46 sq-ft easement. The third pole will be relocated from approximately I-ft to approximately 104 from the curb, yielding an approximately 20 sq-ft easement. The fourth pole will be relocated from approximately I-ft to approximately 104 from the curb, yielding an approximately 21 sq-ft easement. Commission Memorandum- Dade Blvd. Easements for Light Pole Relocation September 14,2011 Page 2 of 2 CONCLUSION The Administration recommends that the City Commission adopt this resolution to allow for the execution of four new easements for the relocation of four existing light poles along Dade Blvd. Attachment: A. Sketch and Legal Descriptions T:WGENDA\2011\9-14-1 l\Easements - Dade Blvd Memo.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING FOUR (4) EASEMENTS TO MIAMI-DADE COUNTY FOR THE RELOCATION OF FOUR (4) LIGHT POLES ALONG DADE BOULEVARD, FROM THE 17 STREET BRIDGE TO MERIDIAN AVENUE, AS PART OF THE DADE BOULEVARD BIKE PATH PROJECT. WHEREAS, on July 23, 2008, the City entered into a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) for the construction of the Dade Boulevard Bike Path; and WHEREAS, the Dade Boulevard Bike Path is an 8-foot wide path that lies in the north side of the City-owned Collins Canal right-of-way, and is adjacent to the south side of Dade Boulevard; and WHEREAS, Dade Boulevard is a County road with a right-of-way that varies from 65 to 70 feet; and - WHEREAS, the City has a 524 right-of-way for Collins Canal immediately south of Dade Boulevard; and WHEREAS, four (4) light poles on the south side of Dade Boulevard, owned by Miami- Dade County, conflict with the minimum clear zone requirements for the bike path; and WHEREAS, these poles are currently located within Miami-Dade County's right-of-way, but will be relocated to the City's right-of-way; and WHEREAS, an easement needs to be granted to Miami-Dade County for each pole to provide access for maintenance; and WHEREAS, Miami-Dade County will continue to own, and be responsible for all repairs and maintenance of, these poles. 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 grant and authorize the Mayor and City Clerk to execute, four (4) easements to Miami-Dade County for the relocation of four (4) light poles along Dade Boulevard, from the 17 Street bridge to Meridian Avenue, as part of the Dade Boulevard Bike Path Project. PASSED AND ADOPTED this 14th day of September, 201 1. ATTEST: APPROVED AS TO Robert H. Parcher, City Clerk Mattl Herrera & FOR EXECUTION T:\AGENDA\2011\9-14-1 l\Easements - Dade Blvd Reso.doc 288 Attachment A DESCRIPTION: A PORTION OF SECTION 33, TOWNSHIP 53 SOUTH, RANGE 42 EAST, SAlD PORTION LYING WITHIN COLLINS CANAL RIGHT-OF-WAY AS SHOWN ON THE PLAT OF BELLEVIEW SUBDIVISION AS RECORDED IN PLAT BOOK 6, PAGE 114, DADE COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 11, BLOCK 41 OF SAlD PLAT; THENCE ALONG THE NORTHWESTERLY LINE OF SAlD LOT 11 AND ITS SOUTHWESTERLY EXTENSION, SOUTH 5837'17" WEST 189.15 FEET; THENCE NORTH 31'22'43" WEST 45.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 81'08'44" WEST 5.50 FEET; THENCE NORTH 0851'16" WEST 5.27 FEET; THENCE NORTH 5837'17" EAST 5.95 FEET; THENCE SOUTH 08'51'16" EAST 7.55 FEET TO THE POINT OF BEGINNING. SAlD LANDS SITUATE, LYING AND BEING IN MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA. ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. South Florida Oftice: V47 N. Andrews Way DESCRIPTION: A PORTION OF SECTION 33. TOWNSHIP 53 SOUTH, RANGE 42 EAST, SAlD PORTION LYING WITHIN COLLINS CANAL RIGHT-OF-WAY AS SHOWN ON THE PLAT OF BEUEVlEW SUBDIVISION AS RECORDED IN PLAT BOOK 6, PAGE 114, DADE COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 7, BLOCK 17 OF SAID PLAT; THENCE ALONG THE NORTHWESTERLY LINE OF SAlD LOT 7 AND ITS SOUTHWESTERLY EXTENSION, SOUTH 5857'17" WEST 180.56 FEET; THENCE NORTH 31'22'43" WEST 43.68 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 58'44'36" WEST 5.50 FEET; THENCE NORTH 31'15'24" WEST 8.32 FEET; THENCE NORM 58'43'32" EAST 5.50 FEET; THENCE SOUTH 31'15'44" EAST 8.32 FEET TO THE POINT OF BEGINNING. SAlD LANDS SITUATE, LYING AND BEING IN MIAMI BEACH, MIAMI-DADE COUNTY. FLORIDA. THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS 472.027, FLORIDA STATUTES. DATED THIS 22nd DAY OF AUGUST 2011 A.D. /r % SHEET 1 OF 2 DESCRIPTION: A PORTION OF SECTION 34. TOWNSHIP 53 SOUTH, RANGE 42 EAST, SAlD PORnON LYING WITHIN COLLINS CANAL RIGHT-OF-WAY AS SHOWN ON THE PLAT OF RRST ADDITION TO COMMERCIAL SUBDIVISION AS RECORDED IN PLAT BOOK 6, PAGE 30, DADE COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 10, BLOCK 18 OF SAlD PLAT; THENCE ALONG THE NORTHERLY LINE OF SAlD LOT 10 AND ITS NORTHEASTERLY EXTENSION. THENCE NORTH 5837'17 EAST 1280.93 FEET; THENCE NORTH 3122'43" WEST 48.12 TO THE POINT OF BEGINNING; THENCE NORTH 3125'06" WEST 3.87 FEET; THENCE NORTH 5837'17" EAST 5.50 FEET; THENCE SOUTH 31'25'06"EAST 3.87 FEET; THENCE SOUTH 5834'54" WEST 5.50 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYlNG AND BEING IN MIAMI BEACH, MIAMI-DADE COUNTY. FLORIDA. COMMISSION ITEM SUMMAR Condensed Title: A resolution approving a subordination of the City's $1,024,708 interest in The Allen House in favor of a $263,300 loan by Great Florida Bank to MBCDC: The Allen, LLC, in connection with MBCDC's conversion of its $500,000 construction loan to a permanent, reduced loan amount. Key Intended Outcome Supported: 1. Increase access to workforce or affordable housing. 2. Improve the lives of elderly residents. 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; 80% of residents 65 or older rated City response to expectations as good or excellent. Issue: Shall the City subordinate its lending position for grant funding provided to Miami Beach Community Development Corporation (MBCDC), in favor of Great Florida Bank's lending position in connection with MBCDC's construction loan, which was originally $500,000 and which is being converted and reduced to a $263,300 permanent loan? Item SummarylRecommendation: 1 On March 14,2007, the RDA authorized an appropriation of CenterIHistoric Convention Village Redevelopment Agency non-TIF funding sources to MBCDC for the acquisition of The Allen House, located at 2001 washington Avenue for purposes of retaining much-needed affordable housing. The funds allocated to the purchase of The Allen House were secured by a Mortgage with the RDA. Shortly thereafter, MBCDC obtained a construction loan from Great Florida Bank (the Bank) in the amount of $500,000 for the rehabilitation of the property; that loan was conditioned upon the RDA subordinating its lending position to the Bank. On April 16, 2008, the RDA adopted Resolution No. 556-2008 consenting to subordination by the RDA to Great Florida Bank. The subordination of governmental funds for the purpose of acquiring or rehabilitating affordable housing is common practice. Rehabilitation of The Allen House is now complete and a Certificate of Occupancy was issued on June 15, 201 1. The Bank and MBCDC wish to convert the 2008 construction Bank loan to a reduced permanent loan in the amount of $263,300. As is customary, the Bank is conditioning the loan conversion with a subordination of the City's $1,024,708 Mortgage position prior to the closing of the transaction. Additional funding required to complete the rehabilitation of The Allen House (City CDBG, HOME, and SHIP funds) was allocated, over several funding cycles and following City Commission approval. As is customary, the City required that MBCDC secure the funding during the affordability period; a Mortgage and Security Agreement, as well as a Promissory Note with a requirement that no other debt could be in a senior lien position were executed by MBCDC in the City's favor. The new mortgage was recorded July 5, 201 1. At that time no request was made to subordinate the City's new mortgage lending position to the original Bank loan's position. It is recommended that the Mayor and City Commission approve the subordination of the City's $1,024,708 interest in favor of a $263,300 loan by Great Florida Bank in connection with MBCDC's conversion and reduction of its $500,000 construction financing to permanent financing. Advisory Board Recommendation: I NIA . . Financial Information: I Source of Funds: Amount Account I I I I Financial Impact Summary: El OBPl City Clerk's Office Legislative Tracking: I Anna Parekh X7260 AMIBEACH 297 1 2 Total NIA MIAMIBEACH 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 Commission TO: , FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 w SUBJECT: A RESOLUTION OF THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING A SUBORDINATION OF A ClTY MORTGAGE, IN THE AMOUNT OF $1,024,708, TO MBCDC: THE ALLEN, LLC (MORTGAGOR), FOR THE REHABILITATION OF THE AFFORDABLE HOUSING PROJECT KNOWN AS "THE ALLEN HOUSE", LOCATED AT 2001 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, IN FAVOR OF A $263,300 LOAN (MADE TO MBCDC: THE ALLEN LLC) BY - - GREAT FLORIDA BANK; SAID SUBORDINATION IN CONNECTION WITH MBCDC'S REDUCTIONICONVERSION OF ITS CONSTRUCTION FINANCING FROM GREAT FLORIDA BANK, IN THE AMOUNT OF $500,000, TO PERMANENT FINANCING, IN THE AMOUNT OF $263,300; AND FURTHER AUTHORIZING THE ClTY MANAGER AND THE ClTY CLERK TO EXECUTE ANY AND ALL DOCUMENTATION RELATED THERETO. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND On March 14, 2007, the RDA adopted Resolution No. 545-2007 authorizing an appropriation of $1 3,650,000 from City CenterIHistoric Convention Village (City Center) Redevelopment Agency non-TIF funding sources, to Miami Beach Community Development Corporation (MBCDC). The purpose of the funding was to provide MBCDC with the balance due in connection with its purchase of three properties located within the City Center RDA: 1940 Park Avenue (The Barclay); 1965-1 975 Washington Avenue (The London House); and 2001 Washington Avenue (The Allen House). The Resolution approved the terms and conditions for a Loan Agreement between the RDA and MBCDC, governing the use of all funding allocated in connection with the purchase of these properties, which are to be restored, renovated, operated and maintained by MBCDC for the purpose of preserving these historic structures within the City Center RDA, and to also maintain the units as affordable housing for low to moderate income individuals. The portion of the funds allocated to the purchase of the Allen House was $3,469,347.50. On April 16, 2008, via Resolution 556-2008, the RDA consented to a first mortgage encumbrance of the RDA's interest in The Allen House in accordance with the provisions of a Loan Agreement, Note and Restrictive Covenant between the RDA and MBCDC: The Allen, LLC, dated April 30, 2007, said Mortgage in connection with MBCDC's application to Great Florida Bank (the Bank) for permanent construction financing, in the amount of $500,000 to fund the rehabilitation of The Allen House. City Commission Memorandum September 14, 201 1 Page 2 The terms of this financing commitment included a provision for the Bank to hold a first mortgage position for the amount of the loan, which is a common requirement of commercial bank loans in this type of transaction. To complete the rehabilitation of The Allen House, additional financing was required. Therefore, over the course of several years, City entitlement funds from Community Development Block Grants, HOME Program, and State SHIP funds totaling $1,024,708 were allocated over several funding cycles and via several grant agreements between MBCDC and the City. As is customary, the City required that MBCDC secure the funding during the required affordability period. Therefore, a Mortgage and Security Agreement as well as a Promissory Note were executed by MBCDC: The Allen, LLC, which combined the CDBG, HOME, and SHlP grants. This new mortgage was recorded July 5, 201 1 with a requirement that no other debt could be in a senior lien position. At that time, a request to subordinate the City's new mortgage to the original bank loan was not made. Rehabilitation of The Allen House is now complete and a Certificate of Occupancy was issued on June 15, 201 1. The Bank and MBCDC wish to convert the remaining balance, $263,300, of the original $500,000 construction loan to permanent financing. As such, the Bank has requested that the City subordinate its position to the new Bank loan. ANALYSIS Based on pro-forma operating statements, recently analyzed as part of a HUD-required Subsidy Layering Review, the property will generate enough rental income to cover the debt service requirements. Based on the Miami-Dade County Property Appraiser's Office, the property has an assessed value of $2,841,792. This assessment, which was done prior to the completion of the rehabilitation, does not take into consideration the $1.7 million in rehabilitation improvements made by MBCDC. CONCLUSION The Administration recommends approval of the subordination of the City's $1,024,708 interest in favor of a $263,300 loan by Great Florida Bank in connection with MBCDC's conversion of its $500,000 construction financing to permanent financing in the reduced loan amount. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING A SUBORDINATION OF A CITY MORTGAGE, IN THE AMOUNT OF $1,024,708, MADE TO MBCDC: THE ALLEN, LLC (MORTGAGOR) FOR THE REHABILITATION OF THE AFFORDABLE HOUSING PROJECT KNOWN AS "THE ALLEN HOUSE", LOCATED AT 2001 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA; SAID SUBORDINATION, IN FAVOR OF A $263,300 LOAN (MADE TO MBCDC: THE ALLEN LLC) BY GREAT FLORIDA BANK, IN CONNECTION WITH MBCDC'S REDUCTIONICONVERSION OF ITS CONSTRUCTION FINANCING FROM GREAT FLORIDA BANK, IN THE AMOUNT OF $500,000, TO PERMANENT FINANCING, IN THE AMOUNT OF $263,300; AND FURTHER AUTHORIZING THE ClTY MANAGER AND THE ClTY CLERK TO EXECUTE ANY AND ALL DOCUMENTATION RELATED THERETO. WHEREAS, on March 14, 2007, the Chairperson and Members of the Miami Beach A Redevelopment Agency (RDA) adopted Resolution No. 545-2007, authorizing an appropriation of $1 3,650,000 from City CenterIHistoric Convention Village (City Center) Redevelopment Agency non- TIF funding sources, to Miami Beach Community Development Corporation (MBCDC) for the purchase of three (3) properties located within the City Center RDA: 1940 Park Avenue (The Barclay); 1965-1 975 Washington Avenue (The London House); and 2001 Washington Avenue (The Allen House); and WHEREAS, the Resolution approved the terms and conditions for a Loan Agreement between the RDA and MBCDC, governing the use of all funding allocated in connection with the purchase of these properties, which are to be restored, renovated, operated and maintained by MBCDC for the purpose of preserving these historic structures within the City Center RDA, and to also maintain the units as affordable housing for low to moderate income individuals; and WHEREAS, the portion of the funds allocated to the purchase of The Allen House was $3,469,347.50; and the RDA funds are secured by a Loan Agreement and Declaration of Restrictive Covenants, dated April 30, 2007 (the RDA Loan); and WHEREAS, since the acquisition of the properties, MBCDC has been conducting a phased renovation of the buildings and, to initiate the rehabilitation of The Allen House, MBCDC applied for, and received, a construction loan, in the amount of $500,000, from Great Florida Bank (GFB); and WHEREAS, the terms of this financing commitment included a provision for the GFB to hold a first mortgage position for the amount of the loan; accordingly, on April 16, 2008, the RDA adopted Resolution No. 556-2008, consenting to a subordination of the RDA Loan to the GFB construction loan; and WHEREAS, to complete the rehabilitation of The Allen House, MBCDC subsequently secured additional financing from the City, through its CDBG, HOME, and SHIP programs, totaling $1,024,708 (the City Mortgage); and WHEREAS, to secure this financing, the City required the execution of a Mortgage and Security Agreement, and a Promissory Note; the executed Mortgage was recorded on July 5,201 1 with a requirement that no other debt could be in a senior lien position to the City; and WHEREAS, MBCDC and GFB now wish to convert the $500,000 construction loan to a permanent loan, and reduce the loan to $263,300; one of GFB1s conditions for the loan is for GFB to be granted a first mortgage position for the amount of the loan; and WHEREAS, accordingly, MBCDC and GFB have requested that the City subordinate its interest in The Allen House property (i.e. the $1,024,708 City Mortgage) to the $263,300 being provided by the permanent loan; and WHEREAS, the Administration recommends approval of the subordination of the City Mortgage to the $263,300 loan by Great Florida Bank, in connection with MBCDC's conversion of its $500,000 construction financing to permanent financing (in the reduced loan amount). 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 a subordination of a City mortgage, in the amount of $1,024,708, made to MBCDC: The Allen, LLC (Mortgagor), for the rehabilitation of the affordable housing project known as "The Allen House", located at 2001 Washington Avenue, Miami Beach, Florida; said subordination in favor of a $263,300 loan (made to MBCDC: The Allen, LLC) by Great Florida Bank, in connection with MBCDC1s reduction/conversion of its construction financing from Great Florida Bank in the amount of $500,000, to permanent financing, in the amount of $263,300; and further authorizing the City Manager and the City Clerk to execute any and all documentation related thereto. PASSED and ADOPTED this day of ,201 1 ATTEST: Robert Parcher, City Clerk Matti Herrera Bower, Mayor THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I A resolution waiving, by 5l7In vote, the competitive bidding requirement, finding such waiver to be in the best interest I of the City; and approving and authorizing the City ~anager to execute a G~-~ear agreement with the Salvation Army, in a form acceptable to the City Attorney, for the provision of thirty-one (31) shelter beds to be used to provide emergency shelter to the City's homeless population, at a cost of $226,300 annually. Key Intended Outcome Supported: Reduce the number of homeless Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey, 44% of residents rated the City's ability to address homelessness as excellent or good. Issue: Shall the City enter into a new agreement with the Salvation Army for thirty-one emergency shelter beds for homeless individuals and families? Item SummarylRecommendation: The Citv has utilized and aid for 31 shelter beds for individual males, females, and families at the Salvation Armv since 2b03 pursuant to ~esolution No. 2003-25387, which authorized the execution of an agreement with the Salvation Army to provide emergency shelter placements to homeless individuals who are willing to engage in services. That Agreement expired November 30, 2004, -and subsequent agreements were approved, the most recent of which was approved on October 7, 2008, by Resolution No. 2008-2691 3 for a one year term with two (2) one year term renewals. The current Agreement expires September 30,201 1, and the Administration recommends that a two-year agreement be authorized and executed in order to guarantee emergency shelter beds for men, women, and families, when necessary. The Homeless Services Program of the Office of Real Estate, HousingICommunity Development served 1,203 homeless persons in FY 20091201 0. In order to continue and enhance the City's homeless outreach and placement, there is a need for stable and continuous relationships with existing shelter bed providers to ensure there is no interruption in services, and that beds are available when the need arises. The City currently also funds 15 male beds the Miami Rescue Mission and two medically-supported beds at Citrus Health Network. There are no emergency shelter bed providers in the City. The Miami-Dade County Homeless Trust, through its Continuum of Care, allows the City to utilize emergency beds, at no cost, at the Miami Rescue Mission, Harbor House, and the Homeless Assistance Center (HAC) on an "as-available" basis. The Salvation Army is a homeless shelter which provides emergency beds, meals, basic case management, laundry services, job placement assistance, and drug treatment services. Requests for mental health assessments and evaluations are referred to outside organizations. Historically, on an annual basis, the Salvation Army beds are occupied at an average of 97%. Under the proposed new agreement, the cost of shelter beds at the Salvation Army will be $20 per bed, per day. Advisory Board Recommendation: I NIA Financial Impact Summary: Financial Information: City Clerk's Office Legislative Tracking: ] Anna Parekh t!5 MIAMIBEACH 303 Approved To be Appropriated with FY 201 1/12 Budget Source of Funds: a OBPI AGENDA ITEM c75 DATE 9-lY-k 1 2 Total Amount $226,300.00 $226,300.00 Account 01 1-0560-000349 MIAMIBEACH City of Miami Bectch, 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: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, WAIVING, BY 517THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE ClTY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH THE SALVATION ARMY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE - PROVISION OF THIRTY-ONE (31) SHELTER BEDS TO BE USED TO PROVIDE EMERGENCY SHELTER TO THE CITY'S HOMELESS POPULATION, AT A COST OF $226,300 ANNUALLY. ADMINISTRATION RECOMMENDATION Adopt the resolution. ANALYSIS The City has utilized and paid for homeless shelter beds at the Salvation Army since 2003 pursuant to Resolution No. 2003-25387 which waived competitive bidding and authorized the City Manager to execute an agreement with the Salvation Army and other homeless housing providers. The resolution further authorized the Administration to add other homeless shelter providers as they become available and as funding is identified in order to provide emergency shelter beds for the City's homeless population. The Salvation Army is a homeless shelter facility for men, women, and families that provide shelter, meals, case management, supervision, laundry services, and clothing when necessary. Requests for mental health assessments and evaluations are referred to outside organizations. The original 2003 Salvation Army Agreement expired November 30, 2004, and subsequent agreements were approved, the most recent of which was approved on October 7, 2008 (Resolution Number 2008-26913) for a one year term with two (2) one year term renewals. The current Agreement expires September 30, 201 1. The Homeless Services Program of the Office of Real Estate, Housing & Community Development served 1,203 homeless persons in FY 20091201 0. In order to continue to enhance the City's homeless outreach and placement, there is a need for stable and continuous relationships with existing shelter bed providers to ensure there is no interruption in services, and that beds are available when the need arises (when placement is accepted by a homeless person). The City currently also funds 15 male beds the Miami Rescue Mission and two medically-supported beds at Citrus Health Network. There are no emergency shelter bed providers in the City. The Miami-Dade County Homeless Trust, through its Continuum of Care, allows the City to utilize emergency beds, at no cost, at the Miami Rescue Mission, Harbor House, and the Homeless Assistance Center (HAC) on an as-available basis; we are often unable City Commission Memorandum Salvation Army Agreement September 74, 201 1 Page 2 to access those beds. Historically, on an annual basis, the Salvation Army beds are occupied at an average of 97%. The cost of beds at the Salvation Army under the current contract is $17.81 per bed per day. That has remained the same rate for the past term of the agreement. During negotiations for the next contract term, the Salvation Army proposed an increase in the cost of beds per diem to $25.00 per bed, per day. The Administration sought other alternatives with new emergency shelter providers, but found the level of service provided by these new providers was not in line with Continuum of Care best practices as of yet. As such, the Administration found that a continued relationship with the Salvation Army at a slightly increased rate is the most feasible option and therefore continued to negotiate until the lowest rate acceptable by the Salvation Army was determined. Under the proposed new agreement, the cost of shelter beds at the Salvation Army will be $20 per bed, per day, and continue to include the same level of services currently offered. Occupancy of the City's contracted 15 male beds at the Miami Rescue Mission and the two medically-supported beds at Citrus Health network for persons with substance abuse andlor - mental health issues are at or near capacity on a daily basis. This indicates a strong need to contract with other providers that can offer identical or similar emergency shelter beds with case management services. The Administration recommends that a two-year agreement be authorized and executed in order to guarantee emergency shelter beds for men, women, and families when necessary. In an effort to continue to enhance the City's homeless outreach and placement, a need for stable and continuous relationships with existing shelter bed providers is needed in order to ensure that there is no service interruption and beds are available when homeless persons agree to services. CONCLUSION In light of the continuing homeless outreach efforts and the existing relationship with the Salvation ~rmy, which provides ihelter, meals, basic case management, supervision, laundry services, and clothing to homeless males, females, and families placed by the City, the Administration recommends that the Mayor and City Commission waive competitive bidding and authorize the City Manager to enter into an agreement with the Salvation Army, for thirty-one (31) shelter beds, in order to better address homelessness in our City. T:\AGENDA\2011\9-14-1 l\Saivation Army 2yr Contract Memo.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, WAIVING, BY 517THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE ClTY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT WITH THE SALVATION ARMY, IN A FORM ACCEPTABLE TO THE ClTY ATTORNEY, FOR THE PROVISION OF THIRTY-ONE (31) SHELTER BEDS TO BE USED TO PROVIDE EMERGENCY SHELTER TO THE CITY'S HOMELESS POPULATION, AT A COST OF $226,300 ANNUALLY. --" WHEREAS, on October 15, 2003, via Resolution 2003-25387, the City Commission waived competitive bidding and authorized the City Manager to execute an Agreement with the Salvation Army and other homeless shelter providers as they become available and as funding is identified to provide emergency shelter beds for the City's homeless population; and WHEREAS, on October 7, 2008, via Resolution No. 2008-26913, the City Commission approved and authorized the City Manager and City Clerk to execute a subsequent Agreement with Salvation Army, Inc., for the provision of thirty-one (31) emergency shelter beds for the City's homeless population; and WHEREAS, the current contract expires September 30, 201 1; and WHEREAS, the City's Homeless Services Programs of the Office of Real Estate, Housing & Community Development served 1,203 homeless persons in FY2009110; and WHEREAS, on an annual basis, the Salvation Army shelter beds are occupied at an average of 97%; and WHEREAS, occupancy of the City's other contracted 15 beds at the Miami Rescue Mission, which provides shelter only for males; and the two medically-supported beds at Citrus Health Network, are at or near 100% on a daily basis, which indicates a strong need to contract with other providers that can offer other emergency shelter beds when necessary; and WHEREAS, the Administration sought other alternatives to the Salvation Army and researched a new emergency shelter provider which could house families, but found the level of service provided by other providers for families is not in line with the Miami-Dade County Homeless Trust Continuum of Care best practices; and WHEREAS, in an effort to continue to enhance the City's homeless outreach and placement, a need for stable and continuous relationships with existing shelter bed providers is needed in order to ensure that there is no service interruption and beds are available when homeless persons agree to services, and WHEREAS, the Administration recommends that the City enter into a two-year agreement with the Salvation Army for 31 guaranteed beds at the fee of $20 per bed, per day, for a maximum of $226,300 annually. 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 waive, by 517th~ vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorize the City Manager and City Clerk to execute a two-year agreement with the Salvation Army, in a form acceptable to the City Attorney, for the provision of thirty-one (31) shelter beds to be used to provide emergency shelter to the City's homeless population, at a cost of $226,300 annually. PASSED AND ADOPTED this day of 201 1. ATTEST: CITY CLERK MAYOR APPROVED AS TO - f ORM & LANGUAGE + &FORU(ECU7ION THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Zondensed Title: A Resolution authorizing the acceptance of thirty-three thousand dollars in cash and in-kind donations (including sponsorships) made to the City for Sleepless Night 201 1, a free citywide arts and cultural event; and further appropriating said funds for Sleepless Night; and accepting and appropriating future donations for this purpose; and authorizing the City Manager or his designee to make such expenditures andlor reimbursements from the aforestated donations, in furtherance of and consistent with the aforestated event. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than one- fifth of all resident respondents feel there are "too few" family friendly activities (24.6%) and cultural activities (24.1%). Additionally, on average, residents attended 10.61 cultural activities per year and 7.1 9 family friendly activities per year. Issue: 1 Should the City accept sponsorships for Sleepless Night? 1 Item SummarylRecommendation: In 2007, The City produced the first Sleepless Night, an all-night, FREE, citywide celebration of the arts, presented by the City of Miami Beach Tourism and Cultural Development (TCD) Department and Cultural Arts Council (CAC). This innovative citywide showcase of culture first began internationally when Paris hosted the first3'Nuit Blanche" event in 2002. Sleepless Night 2007 provided guaranteed audiences for artists and arts institutions (many of them local), allowing them to expand their reach and capacities; introduced tens of thousands of people to new artists and art forms; and, very importantly, provided over 100,000 customers to Miami Beach businesses. The 2009 event once again exceeded expectations. Approximately 130,000 residents and visitors (30,000 more than we had in 2007, according to City estimates) enjoyed 150 free cultural offerings at 80 locations spread throughout the city and the 13-hour night. The event provided direct employment to 400 artists and technicians. In 2009 our host hotel, the Catalina Hotel and Beach Club, and its sister properties in the South Beach Hotel Group, were completely sold out; the Catalina alone counted 1,053 room nights for the event. Occupancy rates citywide were down 1.7% Friday, November 6 and 2% Saturday, November 7 (compared to the same weekend in 2008). However, the previous weekend (October 30 and 31) occupancy was down 12.7% Friday and 9.9% Saturday, and the weekend following Sleepless Night (November 13 and 14) occupancy was down 4.9% Friday and 11.4% Saturday. These lower occupancy rates, attributable to the sluggish economy as well as to the huge increase in numbers of available rooms, nevertheless show measurable improvement - as much as 9.4% - due to Sleepless Night. The event's strong publicity value is also measureable. Even using the lowest national industry valuation of 23 cents per impression, Sleepless Night's 919,153,810 media impressions garnered the city $21 1,405,376 in marketing value to promote Miami Beach as a cultural destination. The $123,611 actually spent on marketing the event bought $1,369,424 in dollar value advertising, including $989,075 in 30-second television spots on Comcast and Atlantic Broadband channels. On November 29,2010, the Knight Foundation awarded the City a $200,000 matchingbgrant for Sleepless Night 201 1 and 2012 ($100,000 in each year). The grant was one of only 27 proposals funded out of more than 950 applicants, and was the third largest grant awarded in that year's program. To date, the City has secured sponsorships totaling $33,000 in cash from Ford, New York Times, Classical South Florida and Monster Energy Drink. Advisory Board Recommendation: I NIA OBPl 1 Total 1 Financial Information: Financial Impact Summary: These sponsors are providing a total of $33,000 in funding and in-kind contributions to offset the costs for Sleepless Night. City Clerk's Oflice Legislative Tracking: I Max Sklar, Tourism and Cultural Development Director A Account Source of Funds: 8 MIAMIBEACH ,,, 1 I I Amount AGENDA ITEM f DATE ?*/v4// 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 thep Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF THIRTY- THREE THOUSAND DOLLARS ($33,000) IN CASH AND IN-KIND DONATIONS (INCLUDING SPONSORSHIPS) MADE TO THE ClTY FORSLEEPLESS NIGHT 2011, A FREE CITYWIDE ARTS AND CULTURAL EVENT; AND FURTHER APPROPRIATING SAID FUNDS FOR SLEEPLESS NIGHT; AND ACCEPTING AND APPROPRIATING FUTURE DONATIONS FOR THIS PURPOSE; AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATIONS, IN FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED EVENT. ADMINISTRATION RECOMMENDATION Adopt the resolution. ANALYSIS In 2009, the City presented the second edition of Sleepless Night, the all-night, free, citywide celebration of the arts, presented by the Department of Tourism and Cultural Development (TCD) and Cultural Arts Council (CAC.) The event was produced in-house by TCD staff in response to the 2005 and 2007 Community Satisfaction Surveys in which residents expressed their desire for more free cultural activities. The third edition of Sleepless Night is scheduled for November 5,201 1. The idea for Sleepless Night grew from our desire to offset any impact from the opening of the Arsht Center in downtown Miami. Prior to the Center's opening, our Jackie Gleason Theater of the Performing Arts was the county's venue of choice for Broadway road shows, opera, ballet, and major classical music concerts. Most of those bookings and their accompanying economic impact were lost with the opening of the Arsht Center, which resulted in the City pursuing other options for the facility. As you know, Live Nation was competitively selected to manage the Gleason. Sleepless Night was created by the CAC (which counts cultural marketing as one of its primary concerns) to restore confidence in the city's commitment to the arts and to strengthen our reputation as the region's prime cultural tourism destination. The highly successful international Nuit Blanche model (which first appeared in Paris in 2002) was chosen because it offered the opportunity to reach all of the diverse populations of South Florida, and to create community by removing the barriers that often disenfranchise some segments of the population. Additionally, Nuit Blanche had been triumphant at addressing Sleepless Night September 14,201 1 City Commission Meeting Page 2 of 4 FI~rida, and to create community by removing the barriers that oftendisenfranchise some segments of the population. Additionally, Nuit Blanche had been triumphant at addressing the ultimate issue facing the arts today, audience-building, by engaging the public with a wide range of cultural presentations woven into the fabric of a social event. Similar events are held in other major international cities, including Madrid, Rome, Paris and Montreal, to name a few. Sleepless Night 2007 Sleepless Night 2007 provided guaranteed audiences for artists and arts institutions (many of them local), allowing them to expand their reach and capacities; introduced tens of thousands of people to new artists and art forms; and, very importantly, provided over 100,000 customers to Miami Beach businesses. The event created a tremendous amount of civic pride, a shared sense of community, and positive, constructive opportunities for youth. It also created a dream destination for the cultural tourist, who for the price of airfare and a hotel room, could choose from over 100 free, first-class performances and exhibitions. Businesses reported increased activity. The Sleepless Night 2007 event was funded by a combination of grants (Miami Beach VCA); CAC funds; City marketing funds; Greater Miami Convention and Visitors Bureau funds; and corporate sponsors (Bustelo, Springbac Drink, - . etc.). The total event budget was $396,000, and a prioritywas placed on marketing the event to attract visitors (local, national and international). Sleepless Ninht 2009 The 2009 event once again exceeded expectations. Approximately 130,000 residents and visitors (30,000 more than we had in 2007, according'to City estimates) enjoyed 150 free cultural offerings at 80 locations spread throughout the city and the 13-hour night. The event provided direct employment to 400 artists and technicians. All of the city's cultural institutions, theaters, galleries and arts organizations, along with many restaurants, hotels, shops and clubs, collaborated with us to present outstanding local, national and international artists. An increased number of free shuttle buses with onboard arts programming once again connected the four main zones of activity (North Beach, Collins Park, Lincoln RoadICity Center and Ocean Drive) and remote parking locations for the duration of the event. Included were free museum admissions, indoor and outdoor art and sound installations and performances, architectural tours, theater, dance, music, slam poetry, film, video, fashion, circus acts, comedy and more. All of the indoor events, which included children's shows, full-length plays in Spanish and in English, music and dance concerts and comedy, played to capacity crowds and received standing ovations. An increased number of outdoor events assured availability of quality arts experiences for all. The programming was designed to appeal to every audience, from pre-schoolers to seniors; because it covered the entire spectrum of arts and entertainment, it appealed to all ages, ethnicities, and socioeconomic and education levels. The 2009 event had a budget of $685,000. Funding was provided through grants (from the National Endowment for the Arts, the Knight Foundation, the State of Florida, and the Miami- Dade Tourist Development Council); the GMCVB; the Miami Beach VCA; City marketing funds and corporate sponsors (Audi, Red Bull, Classical South Florida Radio, Bustelo and Ocean Drive Association). Once again, funds were budgeted to market the event locally, nationally and internationally. In addition to the 30% increase in total attendance, Sleepless Night 2009 garnered nearly a billion positive media impressions for Miami Beach and enabled many Miami Beach businesses to achieve record-breaking sales figures for the night. Sleepless Night September 14,201 1 City Commission Meeting Page 3 of 4 EVENT IMPACT Sleepless Night was intended to provide an economic impact to the City in the normally slow first week of November. According to the study "Arts & Economic Prosperity: The Economic Impact of Nonprofit Arts Organizations and Their Audiences in the City of Miami Beach," commissioned by the Miami-Dade Department of Cultural Affairs and the City's Cultural Affairs Program and conducted by Americans for the Arts, "All nonprofit arts attendees" ["all" referring to residents and non-residents]" spend an average of $46.96 per person (not including the cost of admission.)" Thus, roughly $6,104,000 in dollars spent can be directly attributed to the 130,000 Sleepless Night attendees. Further, the first Sleepless Night (2007) fueled a 12.4% increase in hotel occupancy over the same day in the previous year, as well as a 4% increase in Average Daily Rate and a 16.9% increase in Revenue per Available Room. In 2009 our host hotel, the Catalina Hotel and Beach Club, and its sister properties in the South Beach Hotel Group, were completely sold out; the Catalina alone counted 1,053 room nights for the event. Occupancy rates citywide were down 1.7% on Friday, November 6 and 2% on Saturday, November 7 (compared to the /_ same weekend in 2008). However, the previous weekend (October 30 and 31), occupancy was down 12.7% (Friday) and 9.9% (Saturday), and the weekend following Sleepless Night (November 13 and 14) occupancy was down 4.9% (Friday) and 11.4% (Saturday). These lower occupancy rates, attributable to the sluggish economy as well as to the huge increase in numbers of available rooms, nevertheless show measurable improvement - as much as 9.4% - due to Sleepless Night. The event's strong publicity value is also measureable. Even using the lowest national industry valuation of 23 cents per impression, Sleepless Night's 91 9,153,810 media impressions garnered the city $21 1,405,376 in marketing value to promote Miami Beach as a cultural destination. The $123,611 actually spent on marketing the event bought $1,369,424 in dollar value advertising, including $989,075 in 30-second television spots on Comcast and Atlantic Broadband channels. FUNDING As previously noted, the vast majority of funding for Sleepless Night is from outside sources. The 2009 event was one of only 31 projects (out of more than a thousand applications) funded in the Knight Foundation's highly competitive and prestigious Knight Arts Challenge. Knight, looking for arts projects "with the transformative power to create community," awarded Sleepless Night 2009 a $1 50,000 matching grant. Audi of America quickly jumped on board as title sponsor, and was joined by the National Endowment for the Arts, the State of Florida, Department of State, Division of Cultural Affairs and the Florida Arts Council, Miami-Dade County Cultural Affairs Division, the Ocean Drive Association, Classical South Florida radio, the Miami Beach VCA, the GMCVB, Red Bull, Comcast, Whole Foods Market, Cafe Bustelo and others. On November 29,201 0, the Knight Foundation awarded the City a $200,000 matching grant for Sleepless Night 201 1 and 2012 ($1 00,000 in each year). The grant was one of only 27 proposals funded out of more than 950 applicants, and was the third largest grant awarded in that year's program. To date, the City has secured sponsorships totaling $33,000 in cash from Ford, New York Times, Classical South Florida and Monster Energy Drink. In addition to the Knight Sleepless Night September 14,201 1 City Commission Meeting Page 4 of 4 pending grant applications with the VCA and Miami-Dade County. The City continues to negotiate with other potential sponsors. The projected budget is provided below. The event budget will be adjusted according to available funds, with reductions to artist fees, printing and marketingladvertising line items made as needed. CONCLUSION Staff has worked diligently to identify funding sources to off-set the costs of producing this event that provides a spectacular cultural experience for our residents, and promotes the City as a cultural destination. The Administration recommends the adoption of the attached Resolution authorizing the acceptance of these donations, their appropriation to cover costs of Sleepless Night, as well as the acceptance and appropriation of future donations. NOTES VCA, NEA, State of Florida, Miami-Dade County Year 1 of 2 Burger King, Ford, NYT, Classical South Florida, Monster Fire, Police, Sanitation, Prop Mgmt Artist Fees, Festival Coordination, Technical Services, Shuttle Busses, Legal Staging, Sound, Lights, Backline, Barricades, Banner Stands, Theatrical Expenses T-shirts, Flyers, Programs, Posters Marketing, Advertising and Public Relations Artist Travel Expenses, ADA Accommodations, Misc. REVENUE CMB - CAC Marketing Funds Grants Knight Foundation Grant GMCVB Corporate Sponsorships Other anticipated sponsorships TOTAL INCOME EXPENSES City Services Professional Services Production and Equipment Rental Printing Services Marketing and Advertising Other Operating Expenses TOTAL EXPENSES J M GIH M FIMASIG F T:\AGENDA\2011\9-14-1 I\Sleepless Night Sponsorship Acceptance Memo.doc PROJECTED 201 1 $ 94,000.00 $ 1 10,000.00 $ 100,000.00 $ 150,000.00 $ 33,000.00 $ 1 18,000.00 $ 605,000.00 PROJECTED 201 1 $ 40,000.00 $ 305,000.00 $ 75,000.00 $ 30,000.00 $ 135,000.00 $ 20,000.00 $ 605,000.00 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A TOTAL OF THIRTY-THREE THOUSAND DOLLARS ($33,000) IN CASH AND IN-KIND DONATIONS FROM THE SPONSORS SET FORTH IN THlS RESOLUTION, MADE TO THE ClTY FOR SLEEPLESS NIGHT 2011, A FREE CITYWIDE ARTS AND CULTURAL EVENT; AND FURTHER APPROPRIATING SAID FUNDS FOR SLEEPLESS NIGHT; AND ALSO ACCEPTING AND APPROPRIATING FUTURE DONATIONS FOR THlS PURPOSE; AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATIONS, IN FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED EVENT. WHEREAS, in 2007, the City produced the first Sleepless Night, an all-night, free, / citywide celebration of the arts, presented by the City of Miami Beach Tourism and Cultural Development (TCD) Department and Cultural Arts Council (CAC); and WHEREAS, "Sleepless Night" is a collaboration of all of the City's major cultural institutions, theaters, galleries and arts organizations, along with hotels, shops, clubs, restaurants, and individual artists and presenters; and WHEREAS, the event includes indoor and outdoor art exhibits, installations, performances, fashion shows, tours, dance, theater, music, film and other cultural offerings, all presented without admission charge; and WHEREAS, in furtherance of Sleepless Night 201 1, to be held on November 5, 201 1, the following entities have made Donations to the City, totaling $33,000 in cash and in-kind services, and shall be recognized as sponsors of "Sleepless Night" 201 I: o Catalina Hotel and Beach Club (Host Hotel); o Classical 89.7; o Ford; o Monster Energy Drink; and WHEREAS, it is hereby recommended that the Mayor and City Commission accept the aforestated donations on behalf of the City for Sleepless Night 201 1, and that the City Manager be further authorized to accept future sponsorships on behalf of the City (which may be made following the effective date of this Resolution) in furtherance of "Sleepless Night" 201 1; and WHEREAS, it is further recommended that the Mayor and City Commission hereby authorize the City Manager or his designee to make any necessary reimbursements and/or expenditures of the aforestated donations, as well as future donations, in furtherance of and consistent with the aforestated "Sleepless Night" 201 1 event. 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 authorizes the acceptance of a total of thirty-three thousand dollars ($33,000) in cash and in-kind donations from the sponsors set forth in this resolution, made to the City for Sleepless Night 2011, a free citywide arts and cultural event; and further appropriating said funds for Sleepless Night; and also accepting and appropriating future donations for this purpose; and authorizing the City Manager or his designee to make such expenditures and/or reimbursements from the aforestated donations, in furtherance of and consistent with the aforestated event. PASSED and ADOPTED this day of , 2011. ATTEST: MAYOR T:\AGENDA\2011\9-14-1 I\Sleepless Night Sponsorship Acceptance RESO.doc APPROVED AS TO FORM & LANGUAGE &FUREXECUTION THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution waiving space rental charges at the Miami Beach Convention Center, in the amount of $97,370, for the World Wrestling Entertainment's WE) WrestleMania XXVIII, WE Axxess event to be held, at the Miami Beach Convention Center from March 29 - April 1, 2012, including load-in and load-out. Key lntended Outcome Supported: Improve the Convention Center Facility I Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey indicated that residents attended events at the convention center 2.7 times per year. Issue: [shall the Mayor and City Commission adopt the Resolution? Item SummarylRecommendation: The Miami-Pade Sports Commission was created by the Miami-Dade County Board of County Commissioners as a public-private 501(c)(3) nonprofit organization in 2003, and opened for business in April of 2004. The Sports Commission promotes youth, amateur and professional sports in Miami-Dade County, and works to secure sports events that will generate economic impact for the community. The Sports Commission secured WWE's WrestleMania to take place in Miami-Dade County at Sun Life Stadium in April 2012. WrestleMania is a professional pay-per-view event, produced annually by World Wrestling Entertainment (WE). The event was first produced in 1985 to be the premiere wrestling event of each year, similar to the Super Bowl or World Series, and has since produced twenty-seven editions. WrestleMania's widespread success helped transform the professional wrestling industry and make WWE the most successful promotion in the world. All of the events produced have been sold out within a short period of time, with recent editions being sold out within minutes of tickets going on sale. The first WrestleMania was held in Madison Square Garden in New York City; WrestleMania Ill in Detroit was the highest-attended indoor sports event in the world, with 93,173 fans in attendance. The record stood until February 14, 2010 when the 2010 NBA All-Star Game broke the record. In 2000, the first WrestleMania Axxess event was held in conjunction with WrestleMania. The event included autograph signings and mementos to inductees of the WE Hall of Fame. There were also activities where fans could enter a wrestling ring and commentate a wrestling match. In 2001, WrestleMania Axxess was held at the Reliant Hall, which expanded upon the event by adding numerous activities, including areas where attendees could buy special merchandise, see a production truck and check out special WE vehicles. From 2002, WrestleMania Axxess was extended to a four-day event offering fans a family-friendly interactive experience. Attendance throughout the four day event is projected to exceed 100,000 people. As proposed in the bid to secure WrestleMania XXVIII, the WrestleMania Axxess event would be held at the Miami Beach Convention Center, bringing thousands of visitors to our City. I I Financial Information: I '- I Source of Funds: Amount Account Approved 1 I I I I OBPl Total I Financial Impact Summary: This waiver, if approved, equates to an impact of $97,370 in lost Convention Center I revenue. I City Clerk's Office Legislative Tracking: I Max Sklar, ext. 61 16 Sign-Offs: I De~artment Director Assiqtant City Manager City Manager I AMIBEACH 31 7 w AGENDA ITEM c744 9-/V-t MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE cln OF MIAMI BEACH, FLORIDA, WAIVING SPACE RENTAL CHARGES AT THE MIAMI BEACH CONVENTION CENTER, IN THE AMOUNT OF $97,370, FOR THE WORLD WRESTLING ENTERTAINMENT'S (WE) WRESTLEMANIA .- XXVIII, WE AXXESS EVENT, TO BE HELD AT THE MIAMI BEACH CONVENTION CENTER FROM MARCH 29 -APRIL I, 2012, INCLUDING LOAD- IN AND LOAD-OUT. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed resolution. BACKGROUND The Miami-Dade Sports Commission was created by the Miami-Dade County Board of County Commissioners as a public-private 501 (c)(3) nonprofit organization in 2003, and opened for business in April of 2004. The Sports Commission promotes youth, amateur and professional sports in Miami-Dade County, and works to secure sports events that will generate economic impact for the Miami-Dade County community. The Sports Commission secured WWE's WrestleMania to take place in Miami at Sun Life Stadium in April 201 2. WrestleMania is a professional pay-per-view event produced annually by World Wrestling Entertainment (WE). The event was first produced in 1985 to be the premiere wrestling event of each year, similar to the Super Bowl or World Series, and has since produced twenty-seven editions. WrestleMania's widespread success helped transform the professional wrestling industry and make WWE the most successful promotion in the world. All of the events produced have been sold out within a short period of time, with recent editions being sold out within minutes of tickets going on sale. The first WrestleMania was held in Madison Square Garden in New York City; WrestleMania Ill in Detroit was the highest-attended indoor sports event in the world, with 93,173 fans in attendance. The record stood until February 14,201 0 when the 201 0 NBA All-Star Game broke the record. In 2000, the first WrestleMania Axxess event was held in conjunction with WrestleMania. The event included autograph signings and mementos to inductees of the WE Hall of Fame. There were also activities where fans could enter a wrestling ring and commentate a wrestling match. In 2001, WrestleMania Axxess was held at the Reliant Hall, which Page 2 of 2 Rental Waiver - WWE AXXESS expanded upon the event by adding numerous activities, including areas where attendees could buy special merchandise, see a production truck and check out special WWE vehicles. From 2002, WrestleMania Axxess would be extended to a four-day event offering fans a family-friendly interactive experience. Attendance throughout the four day event is projected to exceed 100,000 people. ANALYSIS As part of their bid to secure WrestleMania MVIII, the WrestleMania Axxess event was proposed to occur at the Miami Beach Convention Center. The Axxess event will bring thousands of visitors to our City, resulting in both direct and indirect positive economic impact from this event. While it is too soon to know, it is likely (consistent with comparable events such as the Super Bowl), that additional events at City hotels and venues will result from the presence of WrestleMania in the County, and WrestleMania Axxess at the Convention Center. FISCAL IMPACT This waiver, if approved, equates to an impact of $97,370 in Convention Center revenue. The rent is calculated as follows: $6,500.00 per event day, per hall for (4) days; $3,250.00 per movein/move-out day per hall for (6) days; and * $6,370.00 for 7% Florida State Rental Tax. Global Spectrum is confident that ancillary revenues (i.e. food and beverage) from the event will offset any non-billable expenses incurred in the hosting of the event. Furthermore, the City expects to generate parking revenue from event attendees. However, as this was budgeted revenue, Global Spectrum will need to book addiitonal events to make up the loss of revenue. CONCLUSION In light of the positive economic impact this event will have on the community, the Administration recommends that the City Commission approve the proposed resolution. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, WAIVING SPACE RENTAL CHARGES AT THE MlAMl BEACH CONVENTION CENTER, IN THE AMOUNT OF $97,370, FOR THE WORLD WRESTLING ENTERTAINMENT'S (WE) WRESTLEMANIA XXVIII, WE AXXESS EVENT TO BE HELD, AT THE MlAMl BEACH CONVENTION CENTER FROM MARCH 29 - APRIL I, 2012, INCLUDING LOAD-IN AND LOAD-OUT. WHEREAS, the Miami Dade Sports Commission. is a Miami-based 501(c)3 not for profit company that is charged with securing sporting events for Miami-Dade County; and WHEREAS, the Miami Dade Sports Commission secured WWE's WrestleMania XXVlll to take place at Sun Life Stadium in April 2012; and - . WHEREAS, WWE's Axxess Event is scheduled take place at the Miami Beach Convention Center from March 29 -April I, 2012; and WHEREAS, WWE's Axxess offers more than 100,000 fans a family-friendly interactive experience; and WHEREAS, the waiver of space rental costs at the Miami Beach Convention Center helps to support the Miami Dade Sports Commission's mission and assist in the potential future return of WrestleMania. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIN COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, that the Mayor and City Commission hereby waive space rental charges, in the amount of $97,370 for the World Wrestling Entertainment's WE) WrestleMania XXVIII, WWE Axxess event to be held, at the Miami Beach Convention Center from March 29 - April I, 2012, including load-in and load-out. PASSED AND ADOPTED this 14h day of September, 201 1. Attest: ClTY CLERK MAYOR Miam Sports August 3,2011 Mayor Matti Herrera Bower and the Miami Beach City Commission City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Honorable Mayor Matti Herrera Bower and the Miami Beach City Commission: As you know, Greater Miami and the Beaches will be home to WWE WrestleMania XXVlll in 2012. WrestleManio is the premier event of WWE, will generate an estimated economic impact of over $65 million with over 500 jobs created in Miami-Dade County. One of the larger and high profile elements of WrestleMania Week, WWEAxxess, will take place in Miami Beach at the Miami Beach Convention Center. WWEAxxess is a highly immersive multi-day family friendly interactive experience with more than 100,000 visitors anticipated to attend. The event will take place March 2gth through April lst, 2012. The Miami-Dade Sports Commission, a non-profit 501-(c)-3, respectfully requests the use of the Miami Beach Convention Center, Halls A and D, rent free for the course of the event inclusive of move-in and move-out. The dates are as follows: By approving this request, the City of Miami Beach, will help to show a united front of support with this exciting event and help ensure it return in years to come. WWE is loyal to its cities and looks to create a long term partnership with our local community helping to ensure ongoing economic benefit and job creation from their events that will certainly call Miami and the Beaches home. Portion of Facility (Premiss) Halls A & D Meeting Rooms A & D A & D Registration Area r We thank you for your support! License Period March 25-28,2012 (Sun-Wed) Move-In March 29 -April, 1,2012 (Thurs-Sun) Show April 2 - 3,2012 (Mon-Tue) Move-Out Sincerely, N& Mike Sophia Executive Director 8491 NW 17TH STREET, SUITE 109, DORAL, FI 33126 TELEPHONE: (305) 818-7188 1 FACSIMILE: (305) 819-2545 WWW.MIAMISPORTS.ORP THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution waiving space rental charges at the Colony Theatre, in the amount of $3,500.00, for Florida International University's College of Architecture and Arts for five (5) events held between October 201 1 - march 201 2. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): fl/~ Issue: . - - -. - - I Shall the Mayor and City Commission adopt the Resolution? I Item SummarylRecommendation: 1 Florida International Universitv's Colleae of Architecture + the Arts recently announced the creation of the Office of I Engaged Teaching, scholarship, and Creative Activities (ETSCA). ETSCAW~II be headquartered in Flu's new space at 420 Lincoln Road, on Miami Beach and will offer an extraordinary level of hands on experience for FIU students. The newly established ETSCA was created by Brian Schriner, Dean of the FIU College of Architecture + The Arts, and will bring together various FIU offices, local governments, business leaders, students, alumni and faculty to further Flu's commitment to cutting edge research and creative activities that will impact the health and sustainability of local and global communities. The new office is tasked with fully utilizing the talents of the faculty and students in the visual arts, performing arts, and design specialties to engage with the local South Florida community in collaborative problem-solving initiatives. In order to assist FIU with their transition to Miami Beach and their use of the Colony Theatre, a rent waiver is being proposed for each of these five (5) events. FIU would continue to be responsible for all other costs associated with rental of the Colony Theatre (e.g. labor, etc). It is expected that FIU will begin applying for grants to cover future rental FIU has planned five events between October 201 1 - March 2012 at the Colony Theatre to showcase a variety of programs from the College of Architecture and Arts. Those events are scheduled to occur on October 19, 2011, November 22,201 1, February 28,2012 and March 20 and 21,201 2. I costs. ' All of Flu's scheduled events take place mid-week (Monday through Wednesday), which allows them to qualify for a rental rate of $700 per day. This waiver, if approved, equates to a loss of $3,500 in revenue. I ADOPT THE RESOLUTION. I Advisorv Board Recommendation: Financial Information: Source of Funds: BGEWQA ITEM c7V DlrS 2mz I I OBPl Amount I I Total I Financial Impact Summary: This waiver, if approved, equates to a loss of $3,500 in revenue. City Clerk's Office Legislative Tracking: Max Sklar, ext. 61 16 Sign-Offs: Department Director I Amtant City Manager I City Manager I I I Account Approved MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, WAIVING SPACE RENTAL CHARGES AT THE COLONY THEATRE, IN THE AMOUNT OF $3,500.00, FOR FLORIDA INTERNATIONAL UNIVERSITY'S COLLEGE OF ARCHITECTURE AND ARTS - FOR FIVE (5) EVENTS HELD BETWEEN OCTOBER 2011 - MARCH 2012. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed resolution. BACKGROUND Florida International University's College of Architecture + the Arts recently announced the creation of the Office of Engaged Teaching, Scholarship, and Creative Activities (ETSCA). ETSCA will be headquartered in Flu's new space at 420 Lincoln Road, on Miami Beach and will offer an extraordinary level of hands on experience for FIU students. The newly established ETSCA was created by Brian Schriner, Dean of the FIU College of Architecture + The Arts, and will bring together various FIU offices, local governments, business leaders, students, alumni and faculty to further Flu's commitment to cutting edge research and creative activities that will impact the health and sustainability of local and global communities. The new office is tasked with fully utilizing the talents of the faculty and students in the visual arts, performing arts, and design specialties to engage with the local South Florida community in collaborative problem-solving initiatives. FIU has planned five events between October 201 1 - March 2012 at the Colony Theatre to showcase a variety of program from the College of Architecture and Arts. Those events are scheduled to occur on October 19,201 1, November22,2011, February28,2012 and March 20 and 21,2012. In order to assist FIU with their transition to Miami Beach and their use of the Colony Theatre, a rent waiver is being proposed for each of these five (5) events. FIU would continue to be responsible for all other costs associated with rental of the Colony Theatre. It is expected that FIU will apply for grants to cover any future rental costs. Page 2 of 2 Colony Theatre Rental Waiver - FIU FISCAL IMPACT All of Flu's scheduled events take place mid week (Monday through Wednesday), which allows them to qualify for a rental rate of $700 per day. This waiver, if approved, equates to a loss of $3,500 in revenue. As this was budgeted revenue, Global Spectrum will be challenged to book additional events to make up the loss of revenue. Global Spectrum is confident that ancillary revenues (i.e. food and beverage) from the event will offset any non-billable expenses incurred in the hosting of the event. Furthermore, the City expects to generate parking revenue from event attendees. CONCLUSION Flu's recent opening of CARTA, and their ETSCA program, helps showcase the City's arts and culture. The programming proposed at the Colony adds to the diversity of cultural offerings in our City. The Administration recommends that the City Commission approve the proposed resolution. T:\AGENDA\2011\9-14-1 IWIBCC FIU Colony Rent Waiver Merno.doc RESOLUTION TO BE SUBMITTED C7 - Resolutions C7W A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Management Agreement Between The City Of Miami Beach And Global Spectrum, L.P. For The Miami Beach Convention Center And Colony Theater And Byron Carlyle Theater. (Tourism & Cultural Development) (Memorandum & Resolution to be Submitted in Supplemental) Agenda Item C 7 L1/ I Date ?-[[/-I( THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I A Resolution authorizing the acceptance of thirty-six thousand three hundred seventy-six dollars ($36,376) in cash donation I (including sponsorship)from the Marilyn and ~dward Gadinsky Charitable ~oundation made to the City in support of the SoundScape Cinema Series for Fiscal Year 201 1/12; and authorizing the City Manager or his designee to make such expenditures andlor reimbursements from the aforestated donations, in furtherance of and consistent with the aforestated Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than one- fifth of all resident respondents feel there are "too fewn family friendly activities (24.6%) and cultural activities (24.1%). Additionally, on average, residents attended 10.61 cultural activities per year and 7.1 9 family friendly activities per year. Issue: rshould the City accept sponsorships for the Soundscape Cinema Series? I Item SummarylRecommendation: As you know, the City developed and produced the SoundScape Cinema Series at the ExoStage, which launched in March 201 1 and allows the public to experience FREE weekly movies. The Cinema Series is part of the City's Arts in the Park program that was launched in 2006 in response to the results of community surveys and focus groups that indicated residents would like to see more free cultural events. The SoundScape Cinema Series uses the state-of-the-art visual and audio technology in SoundScape on a soaring, 7,000-square-foot projection wall. Today.com, in cooperation with Travel + Leisure, ran a story in the travel section of the website on June 10, 201 1, highlighting America's Best Outdoor Movie Theaters, which included the City's SoundScape Cinema Series. The inaugural season of the Cinema Series ran fourteen (14) weeks, with movies shown on Wednesday nights in an effort to bring consumers to the area during a slower night of the week. The SoundScape Cinema Series was verywell received by the Community, generating an average weekly attendance of 938 people, with a high of 1,200 for The Wizard of Oz. Attendees continue to provide very positive feedback to City Staff regarding the experience, and many say it has enhanced their sense of community and quality of life. Due to the program's success, additional movies were added to the schedule to be shown in August prior to the start of the next school year. Unfortunately, weather and other technical issues with the equipment forced the City to cancel those movies. - The Administration was in the midst of planning to continue the Cinema Series from October 201 1 - May 2012, when Mr. and Mrs. Edward Gadinsky approached the City interested in supporting the Cinema Series. After several discussions, the Gadinsky's agreed to a cash donation of $ 36,376 to cover the costs associated with Licensing Fees for the movies and Technical Staff for the Event. They will make payments in two installments occurring in October 201 1 and January 2012. In exchange, the City will recognize them prior to each weekly movie and in all marketing and promotions associated with this Advisory Board Recommendation: I NIA Financial Information: I Financial Impact Summary: These sponsors are providing a total of $36,376 in funding and in-kind contributions to offset the costs for Soundscape Cinema I I Source of Funds: OBPl I Series. I City Clerk's Office Legislative Tracking: I Max Sklar, Tourism and Cultural Development Director 11 Total I T:\AGENDA\2011\9-14-Il\SoundScape Cinema Series Sponsorship Acceptance Shud~doc I / Amount tJh MIAMIBEACH 329 Account DATE 9-If-q MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bowerand Members of the City Coymission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZINGTHE ACCEPTANCE OF THIRTYSIX THOUSAND THREE HUNDRED SEVENTYSIX DOLLARS ($36,376) IN CASH DONATION (INCLUDING SPONSORSHIP) FROM THE MARILYN AND EDWARD GADINSKY CHARITABLE FOUNDATION MADE TO THE CITY IN SUPPORT OF THE SOUNDSCAPE CINEMA SERIES FOR FISCAL YEAR 201 1/12; AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE - AFORESTATED DONATIONS, IN FURTHERANCE OF AND CONSISTENT WITH THEAFORESTATEDEVENT. ADMINISTRATION RECOMMENDATION Adopt the resolution. ANALYSIS As you know, the City developed and produced the SoundScape Cinema Series at the ExoStage, which launched in March 201 1 and allows the public to experience FREE weekly movies. The Cinema Series is part of the City's Arts in the Park program that was launched in 2006 in response to the results of community surveys and focus groups that indicated residents would like to see more free cultural events. The SoundScape Cinema Series uses the state-of-the-art visual and audio technology in SoundScape on a soaring, 7,000-square- foot projection wall. In producing the SoundScape Cinema Series the City uses the following Selection Criteria: 1. Public Performance Event License availability 2. Rating of "G", "PG" or "PG-13" by the Motion Picture Association of America (MPAA) 3. History of critical and commercial success to appeal to largest resident population 4. Variety of programming through length of series: balancing recent and classic films in numerous genres (action, comedy, musicals, drama, animation, suspense, science fictionlfantasy); non-political content 5. Appropriateness of film to public outdoor largescreen format The inaugural season of the Cinema Series ran for fourteen (14) weeks, with movies shown on Wednesday nights in an effort to bring consumers to the area during a slower night of the week. The SoundScape Cinema Series has been very well received by the Community, generating an average weekly attendance of 938 people, with a high of 1,200 for The Wizard of Oz. Attendees continue to provide very positive feedback to City Staff regarding the experience and many say it has enhanced their sense of community and quality of life. SoundScape Cinema Series Edward and Marilyn Gadinsky Charitable Foundation September 14,201 1 City Commission Meeting Page 2 of 2 Today.com, in cooperation with Travel + Leisure, ran a story in the travel section of the website on June 10, 201 1, highlighting America's Best Outdoor Movie Theaters, which included the City's SoundScape Cinema Series. Due to the program's success, additional movies were added to the schedule to be shown in August prior to the start of the next school year. Unfortunately, weather and other technical issues with the equipment forced the City to cancel those movies. The Administration was in the midst of planning to continue the Cinema Series from October 201 1 - May 2012, when Mr. and Mrs. Edward Gadinsky approached the City interested in supporting the Cinema Series. After several discussions, the Gadinsky's agreed to a cash donation of $36,376 to cover the costs associated with Licensing Fees for the movies and Technical Staff for the Event. They will make payments in two installments occurring in October 201 1 and January 2012. In exchange, the City will recognize them prior to each weekly movie and in all marketing and promotions associated with the Cinema Series. The City will fund any other costs for the series (e.g. port-o-lets). - The Gadinskys moved to Miami Beach in 1965. Edward Gadinsky is a successful Florida real estate developer. Marilyn Gadinsky is a former Miami News reporter, award-winning photojournalist and was the head of her own public relations firm. She is a founding member of the Miami Children's Museum where, until recently, she served on the Board of Directors. Mr. and Mrs. Gadinsky are patrons of arts whose charitable endeavors include the Miami Children's Museum, the Miami City Ballet and the Arsht Center for the Performing Arts. CONCLUSION Staff has worked diligently to identify funding sources to off-set the costs of producing this event that provides a unique cultural experience for our residents and visitors. The Administration recommends the adoption of the attached Resolution authorizing the acceptance of the donation, their appropriation to cover costs of SoundScape Cinema Series and authorizes the City Manager to make such expenditures and reimbursements associated with the event. JMG/HMF/MAS/GF T:\AGENDAY2011\9-14-1 I\SoundScape Cinema Series Sponsorship Acceptance Memo.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A THIRTY-SIX THOUSAND THREE HUNDRED SEVENTY-SIX DOLLARS ($36,376) CASH DONATION FROM THE MARILYN AND EDWARD GADINSKY CHARITABLE FOUNDATION, IN SUPPORT OF THE SOUNDSCAPE CINEMA SERIES FOR FISCAL YEAR 2011112; AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATION, IN FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED EVENT. WHEREAS, the City developed and produced the SoundScape Cinema Series at the ExoStage, which launched in March 2011 and allows the public to experience free weekly movies; and WHEREAS, the Cinema Series is part of the City's Arts in the Park Program that was , : launched in 2006, in response to the results of community surveys and focus groups that indicated residents would like to see more free cultural events; and WHEREAS, the SoundScape Cinema Series has been very well received by the Community, generating an average weekly attendance of 938 people; and WHEREAS, Mr. and Mrs. Edward Gadinsky would like to make a cash donation to the City, in the amount of $36,376, to cover the costs associated with the Cinema Series, including licensing fees and technical staff; and WHEREAS, in consideration of this donation, the City will recognize the Marilyn and Edward Gadinsky Charitable Foundation as a sponsor (prior to each weekly movie in the Series, and in all marketing and promotions associated with the Cinema Series). 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 authorize the acceptance of a thirty-six thousand three hundred seventy-six dollars ($36,376) cash donation from the Marilyn and Edward Gadinsky Charitable Foundation, made to the City in support of the SoundScape Cinema Series for Fiscal Year 2011112; and authorize the City Manager or his designee to make such expenditures and/or reimbursements from the aforestated donation, in furtherance of and consistent with the aforestated event. PASSED and ADOPTED this day of ,2011. ATTEST: MAYOR APPROVED AS 7'0 ClTY CLERK T:\AGENDA\2011\9-14-1 I\Sleepless Night Sponsorship Acceptance RESO.doc FORM & LANGUAGE Q FOR EXECUTION 9\b\ 'i Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving and authorizing to execute a joint participation agreementwith Miami-Dade County to receive County transit Surtax funds for the construction of safety improvements along Pine Tree Drive and La Gorce Drive, from west 51'' Street to west 63'(' Street. Key Intended Outcome Supported: I Enhance mobility throughout the City. I Supporting Data (Surveys, Environmental Scan, etc.): Transportation remains one of the most significant areas to address from the 2009 Community Satisfaction 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. Issue: I Should the Commission execute the JPA? Item Summary/Recommendation: Pine Tree Drive and La Gorce Drive are Miami-Dade County (County) roadways. The County is installing the following safety improvements as an interim measure to improve the safety of both corridors: Installing speed cushions Adding traffic signs Restriping both corridors The La Gorce Pine Tree Homeowners Association (HOA) submitted a request to Miami-Dade County Public Works to convert Pine Tree Drive and La Gorce Drive from one-way to two-way traffic flow between 52nd Street and 61'' Street. The HOA requested the conversion in the belief that it would improve traffic conditions and operational safety, reduce the number of accidents, and reduce speeding along the corridors. Due to funding issues, the County cannot implement the two-way conversion at this time. As an interim solution, the County developed a plan that would improve the safety of both corridors by installing sequential sets of speed cushions with associated traffic signs, as well as restriping of both corridors. At a meeting on July 5,201 1 with County Mayor Carlos Gimenez, County Commissioners Bruno Barreiro and Sally Heyman and City Commissioners Ed Tobin and Deede Weithorn and City Manager, Jorge Gonzalez, it was decided that the most expeditious way to implement this project was to have the County design and fund it and the City implement the construction through JOC. To get feedback from other neighborhoods, the County presented this proposed traffic calming plan for Pine Tree and La Gorce Drive to City residents and multiple HOA's at the Mayor on the Move meeting held July 26, 201 1. The County has pledged $500,000 of Transit Surtax Funds (Construction) for the construction of these safety improvements. In order to have the County design and fund the project and the City execute the construction, a Joint Participation Agreement (JPA) must be approved by the City and the County. It is expected that the Board of County Commissioners will approve the JPA at their scheduled meeting on December 6, 201 1. To expedite the start of the project, the City Administration has agreed to advance the funds and award the JOC contract as soon as possible. I THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: L I City Clerk's Office Legislative Tracking: I Richard W. Saltrick, Acting City Engineer, ext.6565 Financial Information: Account NIA Financial Impact Summary: NIA Amount NIA Source of Funds: n OBPl I 2 Total MIAMIBEACH City 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 Manager DATE: September 14, 201 1 SUBJECT: 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 JOINT PARTICIPATION AGREEMENT WITH MIAMI- DADE COUNN TO RECEIVE COUNTY TRANSIT SURTAX FUNDS (CONSTRUCTION) IN THE AMOUNT OF $500,000 (MAXIMUM) FOR THE CONSTRUCTION OF SAFETY IMPROVEMENTS ALONG PINE TREE DRIVE AND LA GORCE DRIVE, FROM WEST 51ST STREET TO WEST 63RD STREET. ADMINISTRATION RECOMMENDATION -: The Administration recommends approving the resolution to execute a Joint Participation Agreement (JPA) with Miami-Dade County for Transit Surtax Funds (Construction) funds in the amount of $500,000 (maximum). FUNDING Miami-Dade County for Transit Surtax Funds in the amount of $500,000. BACKGROUND Pine Tree Drive and La Gorce Drive are Miami-Dade County (County) roadways. The County is installing the following safety improvements as an interim measure to improve the safety of both corridors. These include: Installing speed cushions e Adding traffic signs Restriping both corridors The La Gorce Pine Tree Homeowners Association (HOA) submitted a request to Miami-Dade County Public Works to convert Pine Tree Drive and La Gorce Drive from one-way to two-way traffic flow between 52nd Street and 61'' Street. The HOA requested the conversion in the belief that it would improve traffic conditions and operational safety, reduce the number of accidents, and reduce speeding along the corridors. The County conducted a study to evaluate this request. The study includes an analysis of the vehicular volume, speed, and accident data along both corridors. Based upon the results of the study, it was determined that in order to implement the two-way conversion, approximately two (2) to four (4) of the medians would need to be removed, removal of existing pavement markings, and a roundabout would need to be installed at the intersection of Pine Tree Drive, La Gorce Drive and 51StStreet. Commission Memorandum -Joint Participation Agreement for Safety Improvements on Pine Tree/ La Gorce Drive September 14,2011 Page 2 of 3 The County originally estimated the construction cost to be approximately $700,000. The County later determined the pavement has to be re-graded due to the existing condition of the pavement, which increases the construction cost to $1,490,881. Due to funding issues, the County cannot implement the two-way conversion at this time. The County then developed another concept to address both safety and traffic calming concerns, that converts the left lane to a left turn only and the right lane to a through lane only. According to the County, the advantages to this concept include no requirement for any resurfacing of the road, a roundabout will not be needed at Pine Tree Drive and 51'' Street, and the use of tubular delineators for a test phase that would prohibit straight movement from the left lane and to reinforce the no-U-turn from the right lane just beyond each island. This concept would address the traffic calming concerns within the neighborhood. At a meeting on July 5, 201 1 with County Mayor Carlos Gimenez, County Commissioners Bruno Barreiro and Sally Heyman and City Commissioners Ed Tobin and Deede Weithorn and City Manager, Jorge Gonzalez, it was decided that the most expeditious way to implement this project was to have the County design and fund it and the City implement the construction - through JOC. To get feedback from other neighborhoods, the County presented this proposed traffic calming plan for Pine Tree and La Gorce Drive to City residents and multiple HOAs at the Mayor on the Move meeting held July 26, 201 1. The County and the City met with the HOA on April 21, 2011 to discuss the County's Interim plan with the left turn only on the left through lane. The City received a letter from the HOA on April 26, 201 1 endorsing the County's proposed interim traffic plan for Pine Tree and La Gorce Drive. On May 15, 2011 a meeting was held with the residents and the Homeowners' Association. The County presented its interim plan and the City's interim plan was also discussed at this meeting. However, City staff expressed serious reservations about this concept because of the loss of a through lane and the impact it would have to the capacity of the roads. Further, the City staff believes that there might not be sufficient space between the islands for vehicles attempting to get from the through lane to the left turn lane and the vehicles exiting the side street to cross onto the through lane. As a result, City staff worked with the County to develop alternatives that would not reduce the number of travel lanes but would address the safety concern on both corridors. ANALYSIS The County and City have negotiated a JPA wherein the County will design and fund the project and the City will permit the project, retain a contractor to build the project, oversee the construction, and be responsible for public information and involvement (Attachment). This JPA would only become effective if also approved by the Citizens' Independent Transportation Trust and the Board of County Commissioners. The County has pledged $500,000 of Transit Surtax Funds (Construction) for the construction of these safety improvements. Commission Memorandum -Joint Participation Agreement for Safety Improvements on Pine Tree/ La Gorce Drive September 14,201 1 Page 3 of 3 In order to have the County design and fund the project and the City execute the construction, a Joint Participation Agreement (JPA) must be approved by the City and the County. It is expected that the Board of County Commissioners will approve the JPA at their scheduled meeting on December 6, 201 1. To expedite the start of the project, the City Administration has agreed to advance the funds and award the JOC contract as soon as possible. CONCLUSION The Administration recommends that the City Commission adopt this resolution authorizing the execution of a JPA for the County to design and fund the project in the amount of $500,000 and the City to build the project. Attachment Draft Joint Participation Agreement T:\AGENDA\2011\9-14-11\Pine Tree-La Gorce JPA- MEMO - 9-201 1 .docx Attachment A JOINT PARTICIPATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE ClTY OF MIAMI BEACH SAFETY PROJECT ALONG PINE TREE DRIVE AND LA GORCE DRIVE This AGREEMENT, made and entered into this yJ , 201 I, by and between the ClTY OF MlAMl BEACH, FLORIDA, a munici I c poration of the STATE OF FLORIDA, hereinafter referred to political subdivision of the STATE OF WITNESSETH WHEREAS, both parties the construction of a safety "Project" described as e Drive and La Gorce hich includes sequential sets of speed ell as restriping the two corridors; and he City to contract and terms and conditions of this Agreement; covenants contained herein, the rt~ s a ee. v RESPONSIBILITIES OF CITY: 1.1 Permits and Approvals: The City shall obtain all necessary permits, and utility adjustments; and coordinate the review of construction documents by 08/22/2011 1 utilities and permitting agencies. The City shall make all necessary adjustments as required for approval andlor permitting by those agencies. The City shall obtain all necessary permits, and utility adjustments for the Project in accordance with applicable state, nd local laws and Dade County Public Works Departme Involvement Plan (PIP) during information to propert residents, including but not limited to: public meeti directional parking signs, k to be performed in the lement the PIP. The City shall submit ublic Works Director for review and $1,000,000 in construction costs shall comply with uidelines for the preparation and implementation of PIP'S as 1.3. Publicitv: By the acceptance of these funds, the City agrees that the Project elements funded by this Agreement shall recognize and adequately reference the County as a funding source. The City shall ensure that all publicity, public relations, advertisements and signs recognizes and references the County for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is p rmi ible for the publicity fi publicity or materials to the County all media representatives, whe Agreement, are inform 1.4. Accountinq: The City ntly verified and audited the books, records and accounts of the tion of the Project. These records shall inspection within five (5) business days I \* an)vneering contractor's license to construct the Project in lawful means, in accordance with Section 255.20, Florida Statutes, which in the City's -discretion, affords the most competitive price for construction of the Project and which may include, but is not limited to, bid solicitation, request for proposals, the award of a change order on existing City contract(s), or the extension of unit-prices provided in connection with prior competitive bid awards. Notwithstanding any provision to the contrary, the City shall comply with all applicable County contract compliance and oversight measures relating to the expen County funds, in accordance with Section 6 of this Agreem compliance. The construction a requirement that the contractor(s) provide a and form required by sta d City as joint obligees I tageous bid or proposal, the City shall ty Public Works Director for review and ounty agrees that the selection, retention and discharge of such contractor shall be the responsibility of the City. 1.6. Claims and Change Orders: The City shall notify the County Public Works Director in writing when claims or change orders arise. The City shall also invite the County to participate in negotiations of these claims and change orders. The County shall review and make a determination or approval of all change orders or supplemental agreements, permits, modifications of plans, or other requests for approvals submitted by the City, which determination (s) function to an authorized ag consultant. The Coun versight role in the routine daily inspections. In t plans, the County Public designee, shall have perform the inspection of the Project ial completion. The City shall certify been constructed pursuant to the design approved change orders. Final payment to the City nce of the Project by the County Public Works Director or conditioned, or delayed., 2. RESPONSIBILITIES OF COUNTY: 2.1. Fundinn Amount, Reimbursement of Proiect Costs: The County agrees to provide funds up to a maximum amount of $ 500,000 for eligible costs, as defined herein, incurred by the City for the construction of the Project. The County shall disburse to the City funds for the Project in the manner set forth in Section 4. provided for eligible costs as defined herein, incurred for the specified below: Fundincl Amount $500,000 (Maximum) This amount represen participation in the Project. The City shall be responsi ditional amount shall be lely responsible for maintenance upon costs are further defined as those pertaining to the construction of Project elements that are the standard items normally provided for by the County in County roadway projects, and not the enhancement of standard items, or the incorporation of items which are in addition to those standard items. The County shall not be assumed to 08/2212011 6 be liable to provide reimbursement for the construction or maintenance of such items that do not conform to this section of the Agreement. If enhancements to standard items are constructed in this Project, the City may request County reimbursement only to a maximum amount corresponding to providing the normal standard version of that The parties further agree that eligible costs management, construction inspections, 4. SCHEDULE AND MANNER OF RE \ \ Agreement, the City shall fur of the estimated budget for the Project, and will similarly all revisions thereto. At the time of contract award II submit the Estimated County Public Works funds to the City shall be based upon tractor invoices attached and shall not submittal for invoice shall also include a -Contracted firms. he parties shall comply with applicable federal, state , ordinances, rules and regulations in performing their this Agreement and with all applicable laws relating to the Project. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 6. BUSINESS PROGRAM COMPLIANCE AND OVERSIGHT: Whenever County funds are used, the City agrees to comply with applicable County regulations including but not limited to the Community Small Business Enterprise (CSBE) Program, Community Business Enterprise (CBE) Program, the Community Workforce Program (CWP), and the Responsible Wages and Benefits Ordinance (Ordinance No. 90-143). Specifically, the City agree e by the applicable contract measure recommendation(s) established Department of Small Business Devel oversee and perform compli audit and to require reports a become effective upon ement is not approved, the Agreement : The County shall eople's Transportation Plan, in coordination with the City, in d of the Project limits. Should Maintenance of Traffic (MOT) signage be required as part of the work, the Project sign shall be placed an appropriate distance before the MOT signage range. The Project signs shall remain in place for the duration of the work or as directed by the Project engineer. 08/22/2011 8 9. INDEMNIFICATION: To the extent authorized by Florida law, the City hereby agrees to indemnify, defend, save and hold harmless the County to the extent of all the limitations included with Section 768.28, Florida Statutes, from all claims, ut of, because of or due to the breach of this Agreement by the Cit specifically understood and agreed that this i es not cover or To the extent authorized by indemnify, defend, save and extent of all the limitations included in Section 768.28, F suits of any nature whatsoever ue to the breach of this rmance by the persons selected by the f claims, actions or causes of action resulting from such ance unless the City pursues such claims, actions or causes to cooperate fully with the County in the prosecution of any such claim or action. Any damage recovered by the County which is attributable to an expenditure by the 08/22/2011 9 City shall be returned to the City by the County, within sixty (60) business days of receipt. 10.DISPUTE RESOLUTION, APPLICABLE LAW: The parties shall resolve any disputes, controversies or claims between them arisi f this Agreement in Florida Statutes, as amended. This Agreem the laws of the - I all prior negotiations, ions, agreements and understandings applicable to there are no commitments, ag concerning the subject s hereof shall be predicated upon any oral or written. It is further agreed that in the terms contained herein shall be ed in a written document prepared with the same or similar 12.JOINT PREPARATION: The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to 08/22/2011 10 expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties from the other. 13.SEVERANCE: In the event a portion of this Agr court of competent jurisdiction, the remaining 14.NOTICES: Any and all notices required to be given under this agreement shall be sent by first class mail, addressed as follows: To the County: Attention: Esther L. Calas, P.E. Director, Public Works Department Miami-Dade County 11 1 NW First Street, Suite 1640 Miami, Florida 33128 A IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. ATTEST: MIAMI-DADE COUN HARVEY RUVlN CLERK OF THE BOARD BY: Deputy Clerk Approved by County Attorney as to form and legal sufficiency ATTEST: Matti Herrera Bower RESOLUTIONS TO BE SUBMITTED COMMISSION ITEM SUMMARY Condensed Title: Ordinances Modifying The Building, Fire, Planning And Public Works Department Fees Related To The Building Development Process Implemented On February 1,2010 Key Intended Outcome Supported: I Strengthen Internal Controls; Maximize Efficient Delivery Of Services; increase Community Satisfaction With City 1 I ~overnment: Minimize Taxes 1 Ensure Ex~enditure rends re Sustainable Over The Long Term; Improve The City's I Overall ~inancial Health And Maintain overall Bond Rating - Su~~ortina Data ISurvevs. Environmental Scan, etc.): 47.4% of residents and 57.1% of businesses who had cokact witi the ~uildin~ department rated their expkrience as excellent or good in the 2009 Community Satisfaction survey, an increase of 5.4% for residents and 11 .I % for businesses from the 2007 survey. Issue: Shall the Mayor and City Commission approve the ordinances amending various fees related to the Building Development Process in the City of Miami Beach? Item SummarylRecommendation: SECOND READING PUBLIC HEARING On January 13,2010, the City Commission approved 4 ordinances for the Building, Fire, Planning and Public Works departments related to the fees for the Building Development Process. These ordinances went into effect on February I, 2010 and provided a complete overhaul of the fee structure for the above mentioned departments. As a result of concerns that were raised by certain segments of the development community, as well as by staff, regarding the fee amounts and administrative processes related to the fees, in September 201 0, the Administration brought to the City Commission proposed ordinances which sought to refine certain permit types and create those that were still needed. The City Commission referred the proposed ordinances to the Finance and Citywide Projects Committee ("Committee") for further discussion and consideration. At the same time as the referral to Committee, the Administration and City Commission began hearing concerns from customers regarding permit fees being too high, and that it was less expensive in other jurisdictions to obtain a permit for the same type of work. The Administration retained JRD and Associates to compare the City's fees to those in other jurisdictions. The Administration also brought Maximus back to review the status of the permit fee implementation to answer whether or not the City met its original objectives, if staff was applying the fee structure correctly, and to review the issues being encountered and identify appropriate solutions. While JRD and Maximus are still analyzing data and developing proposed recommendations, staff from the four departments has reexamined the levels of effort for many permit types and proposed adjustments. The proposed adjustments have been developed in a manner consistent with the methodology of allocating fees based on the required level of effort by staff. The first reading took place at the July 13,201 1 Commission Meeting. The Administration recommends that the City Commission move forward with the Administration proposed modifications at this time, even though the JRD and Maximus outcomes are still pending. This will provide permit fee relief to customers, with potential further revisions in I the future. I Advisory Board Recommendation: I At its June 23, 201 1 meeting, the Finance and Citywide Projects Committee recommended this item. 1 Financial Information: City Clerk's Office Legislative Tracking: I Jorge Gomez, Assistant City Manager 1 OBPl AMIBEACH 353 Source of Funds: I I Total I AGENDA ITEM asp, Amount 1 Financial Impact Summary: At this time, it is unknown what the fiscal impact of the proposed changes discussed herein will be. It is assumed that the revenues collected from permit fees will decrease once the changes discussed herein are implemented. Assuming that revenues do decrease, and expenditure trends are stable, the Building Department reserves will be similarly decreased. If these assumptions are held true, it is anticipated that at some point in the next year or two, the Building Department reserves will be depleted and General Fund dollars will be required to supplement the difference. - 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 City Commission FROM: Jorge M. Gonzalez, City Man SECOND READING DATE: September 14,201 1 PUBLIC HEARING SUBJECT: ORDINANCES MODIFYING THE BUILDING, FIRE, PLANNING AND PUBLIC WORKS DEPARTMENT FEES RELATED TO THE BUILDING DEVELOPMENT PROCESS IMPLEMENTED ON FEBRUARY I, 2010 ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the four ordinances amending various fees related to the Building Development Process in the City of Miami Beach. INTRODUCTION On January 13,201 0, the City Commission approved four ordinances for the Building, Fire, Planning and Public Works departments related to the fees for the Building Development Process. These ordinances went into effect on February I, 201 0 and provided a complete overhaul of the fee structure for the above mentioned departments. As staff has worked with the new fee structure since implementation, the various departments involved in the process have identified a series of refinements to the fee structure that help to clarify and bring equity to certain types of permit requests. BACKGROUND Building Development Process The Building Development Process ("Process") in the City of Miami Beach includes the Building Department, the Fire Department's Prevention Services Division, the Planning Department and the Public Works' Engineering Division. The Building Department provides process intake, routing, billing, and computer support for the entire "Process". The Building Department staff conducts plans review and inspections for plumbing, structural, building, electrical, governmental compliance, elevator, accessibility and mechanical trades as required by the different permit types for compliance with Florida Building Code as well as the Miami Beach City Code. Additionally, the Building Department reviews permit applications for compliance with outside regulatory agencies. City Commission Memorandum September 14,201 1 Building Development Process Fees Page 2 of 9 The Fire Department's Fire Prevention Division is involved in the majority of building permits issued by the City, with the exception of single-family homes. A Fire Department fee is collected for each building permit corresponding to the Fire Department's review and inspection. The Planning Department serves as staff to the City's Planning Board, Board of Adjustment, Design Review Board, Historic Preservation Board, and Single Family Residential Review Panel. Depending on the scope of the project, a new development is required to receive approval from one or more of these Boards. The Planning Department processes the applications, reviews them and prepares recommendations to all of the above Boards. Fees are assessed for the various planning applications according to a fee schedule contained within the City Code. The Planning Department also reviews all building permits for compliance with the City's land development regulations, comprehensive plan and consistency with architectural review guidelines and preservation appropriateness criteria. This zoning review is required to ensure compliance with existing legislation, zoning requirements, and state growth management requirements. The Public Works Department Engineering Division staff conducts plan reviews and inspections for all construction activities that occur within the public right-of-way (streets, roadways, waterways, alleys and sidewalks), public property and easements. The Public Works Department also performs plan review activities supporting a variety of Building Department permits in private property that will connect andlor will have potential impacts to City owned utilities, right-of-way andlor utility easements. Further, the Building, Fire, and Planning Departments participate in the Certificate of Occupancy or Completion process that allows for the use and occupancy of the structure based on certifying that the use is permitted and that the structure is in compliance with applicable City Codes. 2009 Building Development Process Fees Study In mid-2009, the City initiated a study of costs and fees related to the Process with the consulting firm, Maximus Consulting Services Inc. ("Maximus"). The primary focus of the study was to develop a simplified fee structure and associated fee levels for services performed by the Building Department in enforcing the Florida Building Code, as well as services performed by the Fire, Planning, and Public Works Departments in enforcing other Federal, State and City Codes related to building permits. . On January 13,2010, the City Commission approved four ordinances for the Building, Fire, Planning and Public Works departments related to the fees for the Building Development Process, as outlined in the Maximus study. These ordinances went into effect on February 1, 2010 and provided a complete overhaul of the fee structure for the above mentioned departments. At the time of implementation, there were increases in the fees related to the building development process for the Fire, Planning, and Public Works Departments. These were offset by short-term decreases (discounts) in the Building Department fees so that, in the aggregate, the total combined fees charged to the development communitywere to remain at current levels. Decreases in Building Department revenues are being replaced by previously set aside Building Department reserves so that costs related to enforcing the Florida Building Code continue to be offset by Building revenues. City Commission Memorandum September 14,201 1 Building Development Process Fees Page 3 of 9 Issues since Implementation and Steps Taken As a result of concerns that were raised by certain segments of the development community, as well as some concerns raised by staff, regarding the fee amounts and administrative processes related to the fees, in September 2010, the Administration brought to the City Commission proposed ordinances which sought to refine certain permit types and create those that were still needed. The City Commission referred the proposed ordinances to the Finance and Citywide Projects Committee ("Committee") for further discussion and consideration. At the same time as the referral to Committee, the Administration and City Commission began hearing concerns from customers regarding permit fees being too high, and that it was less expensive in other jurisdictions to obtain a permit for the same type of work. The Administration has taken steps to re-evaluate the fee structure since the referral of the proposed ordinances. With regard to the concerns that permit fees are too high, the Administration retained JRD and Associates to compare the City's fees to those in other jurisdictions. The Administration also brought Maximus back to review the status of the permit fee implementation to answer whether or not the City met its original objectives, if staff was applying the fee structure correctly, and to review the issues being encountered and identify appropriate solutions. Additionally, staff from all applicable departments have - revisited the levels of effort on those permit types where concerns have been raised to see if any fee reductions could be recognized. After reviewing the implemented permit fee structure, JRD and Associates (JRD) concurred with Maximus' approach and methodology in determining the building permit fees for Miami Beach. They also concurred, in general, with the times associated with building plan reviews and inspections, as determined by Maximus and the City. JRD also conducted a comparative analysis of the 20 most common/revenue-producing permit types for the Building Department (comparing Building Department fees to Building Department fees in the respective jurisdictions) and six (6) Right of Way permit types for the Public Works Department. Further evaluation of fees for other departments in other jurisdictions is still ongoing. Once JRD concludes their evaluation, the feasibility and impact of any proposed fee changes will be analyzed further to determine if they should be implemented. Maximus' re-evaluation of the City's implementation revealed that the City's new permit fee structure based on square feet is more simplified than the previous schedule, which was based on cost. Maximus spoke at length with Building Department staff to determine if the staff was feeing permit applications correctly and found that indeed they were. With regard to whether or not the Building Department was recovering more in fees than costs for operation, Maximus determined that the Building Department was under-recovering its actual costs. Fee collection was actually less than what Maximus originally projected, and not covering the Building Department costs. Based on discussions Maximus had with staff, Maximus is proposing that plan review and permit inspection times for AlterationIRemodel permit types be reviewed and potentially revised downward. City staff has preliminarily reviewed the AlterationIRemodel levels of effort, and changes are being proposed, which should lower permit fees. These proposed levels of effort are currently being evaluated by Maximus. It should be noted that the levels of effort suggested for adjustment are not significant components of the overall fees, so a drastic drop in fees is not anticipated. It is recommended that the City Commission move forward with the Administration proposed modifications at this time, even though the JRD City Commission Memorandum September 14,201 1 Building Development Process Fees Page 4 of 9 and Maximus outcomes are still pending. This will provide permit fee relief to customers in the most expeditious timeframe, with potential further revisions in the future. PROPOSED MODIFICATIONS TO THE FEE STRUCTURE While JRD and Maximus are still analyzing data and developing proposed recommendations, staff from the four departments has reexamined the levels of effort for many permit types and proposed adjustments. The proposed adjustments to the fee schedules have been developed in a manner consistent with the Maximus methodology of allocating fees based on the required level of effort by staff. The proposed fee modifications to the fee structure can be grouped into the following categories: Specialty Permits: Additional fee categories are recommended for frequently requested smaller permits that are interdisciplinary in nature. New Fee categories: New categories are proposed to account for less commonly used permit types. Revised Permit Fees for Certain Categories: Staff revisited times allocated to a process based on concerns raised by staff andlor customers. Multiple Fee Levels: Multiple levels are proposed for some categories based on the level of complexity of the work. Many fee categories will result in permit fee decreases and no existing fees will be increased. Examples of proposed fee changes resulting in decreased fees include the following: W indowslExterior Doors Fees for blocking Right-of Way Awnings KitchenIBathlFlooring Specialty Permit Watercraft Lifts/Pilings/Moorings Temporary Generators Temporary Power for TestJConstruction Relocating Buildings/Structures over 1,500 square feet Gas Water Heater Replacement Water Drainagelconnections Commercial Air Conditioning Unit installation or replacement Elevator Permits (for new installation) Water and Drainage Risers and Mains Natural Gas and Liquified Petroleum In addition to the permit fee changes outlined above, staff has reviewed the administrative language in the ordinances and is recommending revisions to simplify the language, streamline processes, and clean up language that should have been removed in earlier edits to the ordinances. Following is a description of the pertinent administrative language that is being recommended for revision. The Building Department ordinance already contains language providing the Building Official with discretion to fee a project without a clearly identified permit type. If there is no specific fee category directly matching a permit application request, the Building Official may find a like category and fee it under that, or determine that the City Commission Memorandum September 14,201 1 Building Development Process Fees Page 5 of 9 work will be charged based on the time dedicated for intake, plans review and inspection. For those permit applications where the Building Department is not a part of the plan review or inspection process, no such discretion exists for the Fire Marshal, Planning Director or Public Works Director. The Administration is proposing adding such language to the respective ordinances to provide the Fire Marshal, Planning Director or Public Works Director such discretion. The Administration is also recommending that the fees to renew an expired permit also be revised to incent compliance with the Florida Building Code. Currently, the language allows for a credit of 50% of the original permit fee for a renewal permit (defined as a same project involving the same plans) for reapplications made within 180 days of the expiration date of the original permit. It is proposed that a fee of 25% of the original permit fee (effectively a 75% credit) plus a $57 processing fee be charged. For projects that have expired permits over 180 days, the existing regulations require a full payment of the original fee to reapply. Staff is recommending that for these projects, a fee 25% of the original permit fee (also a 75% credit) plus 20% of the new permit fee is charged. Currently, City projects are not paying permit fees until the project receives its - certificate of occupancy or certificate of completion, as opposed to all other customers, who pay their permit fees at or prior to a permit being issued. Additionally, City projects are paying permit fees based on actual time for plans review and inspection processes, as opposed to the permit fee structure already created. This means that there is administrative staff time that has to be dedicated from both the Building Department and the builder department (i.e., CIP, Public Works, etc.) in order to reconcile the project at or after the time of completion, which is a tedious process. The Administration is recommending that City projects be treated like all other projects and pay at the time (or before) a permit being issued, and that the fees be calculated according to the adopted permit fee schedule. The language in the Building Department ordinance relative to refunding permit fees is not clear. The Administration is recommending slight changes to the ordinance to clarify how permit fees are to be refunded. Finance and Citywide Projects Committee Presentation and Suggestions At the May 25,201 1 Finance and Citywide Projects Committee meeting, the Administration presented many of the concepts and discussion points included in this memorandum. Individual Commissioner briefings were held in preparation of this meeting. During those discussions and as reviewed at the May 25th meeting, there are some additional language changes that were proposed as well. At the May 25, 2011 Committee meeting, the Committee requested that the item be discussed at its June 23,201 1 meeting, with copies of the actual ordinances available for review and discussion. At the June 23, 201 1 meeting, the Committee provided guidance on the following items: As discussed above, when the current fee structure was adopted, there were some short-term decreases (discounts) built into the fee structure that were set to expire on September 30, 201 1. However, given that the economy still has not quite recovered, and the concerns regarding the new permit fee structure, the Administration recommended that these short-term decreases be extended past September 30,201 1. The Committee recommended that the decreases remain in City Commission Memorandum September 14,201 1 Building Development Process Fees Page 6 of 9 place until at least September 30, 2012, with another discussion to take place with the Committee in a year to determine if the decreases should sunset at that point or not. One suggestion was that language be added to the respective ordinances so that permit fees are re-evaluated every so often (for example, every 3 years) to determine if they are still in line with the surrounding jurisdictions and commonly accepted cost estimating practices. The draft ordinances include such language. However, the existing language also includes an annual adjustment of fees based on the Consumer Product Index (CPI). The Administration is recommending that the CPI adjustments for 201 1 and 2012 be waived, given the current discussion. The Committee requested that the CPI language remain in the ordinances, with the waivers through 2012. The Committee will review the situation in a year and determine if further waivers or other action is required at that time. Lastly, it was suggested that the draft ordinances include a "trigger" whereby if permit fees exceeded more than a certain dollar amount andlor a certain percentage of the value of construction, the Building Official would be required to review the permit fees being charged. The Administration drafted language along these lines, which was included in the draft ordinances. If the permit fee (including all City department permit fees, but not including any outside agency fees or surcharges) calculated at time of permit application submittal is greater than ten percent (10%) of the value of construction as declared on the permit application, the permit fee will be reevaluated by the Building Official or designee. However, for those permit applications where the value of construction is less than $1,000.00 or the permit fee is the minimum permit fee, no further evaluation shall be required and the fees calculated at the time of permit application shall stand. For those permits where there are no Building Department plan review or inspections required, this responsibility shall be delegated to the Department Director in the required review departments (Fire, Planning, Public Works), or their respective designees. The permit applicant shall pay the up-front processing fee while the permit fee is being reevaluated. The reevaluation shall consist of the respective City representative(s) using industry standard cost estimating resources (as determined solely by them) to determine the estimated construction value. Using that determined value, the permit fee shall not exceed ten percent (10%) or the minimum permit fee identified for that type of work, as outlined in appendix A, whichever is greater. If the determined construction value cannot be determined by the above indicated resources, the actual level of effort for plan review and inspection shall be calculated and charged, but shall not exceed the originally calculated fee at time of permit application. Refunds, if required, shall be given for any payment over a final permit fee and subject to the provisions in the applicable sections of the City Code of Ordinances regarding permit fee refunds. The Committee suggested trying this methodology for a year's time and tracking the results. Feedback would be taken and a discussion of the re-evaluation would be discussed at the same time as the discounts and CPI to see if this methodology is the best practice or if further refinements are needed. City Commission Memorandum September 14,201 1 Building Development Process Fees Page 7 of 9 The Committee also requested individual briefings be offered to each Commissioner prior to the July 13, 201 1 City Commission meeting so that the Administration may hear any concerns or questions the Commissioners may have prior to the public hearing. COMMISSION ACTION - FIRST READING The Mayor and Commission discussed the item at the first reading on July 13, 201 1. There was concern by the Commission that the fees seem high and should be lower. The Administration responded that where the fees are being adjusted they are changing downward. The Administration further stated that JRD &Associates, is still in the process of reviewing some fees and will return in early 201 2 to address otherfees. Staff will revisit the fees again in the Spring of 2012 for the next budget cycle as directed by the Finance and Citywide Projects Committee. FISCAL IMPACTS OF PROPOSED REVISIONS At this time, it is unknown what the fiscal impact will be of the proposed changes discussed herein. It is assumed that the revenues collected from permit fees will decrease once the changes discussed herein are implemented, based on the following assumptions: Permit activity remains level, No fees are being increased, Fees for certain types of permits are being decreased, and The re-evaluation of permit fess exceeding ten percent (10%) of the permit application value of construction may be lessened, but at this time it is uncertain how much those fees will be decreased. While the complete financial impact cannot be determined at this time, the Administration has performed some analysis in an effort to develop an estimate and have an understanding of the order of magnitude. Renewal Fees of Expired Permits The suggested fees dealing with renewals of expired permits have already been put into practice since October I, 2010 under the discretion of the Building Official as provided for in Florida Statutes. The adoption of the attached ordinances would codify what already has been in practice. Renewal fees collected for the period October 1, 2009 to September 30, 2010 amounted to approximately $692,000. Renewal fees collected for the period October 1,201 0 to June 30,201 1 amounted to approximately $370,000, or annualized to $492,000. The reduction of renewal fees could be approximately $200,000 for the first year. Reduction of permit fees that exceed 10% of the permit application value. Staff ran a report of all permits issued for the period July 1,2010 to June 30,201 1 which had permit fees exceeding 10% of the application value, excluding those permits where the value of construction is less than $1,000.00 or the permit fee is the minimum permit fee. The report resulted in approximately 2,000 permits (est. 18% of total permits) meeting these criteria. If the fees for these permits were reduced to an amount equal to 10% of the application values, the result would be a reduction of fees totaling to approximately $830,000. This assumes that the stated City Commission Memorandum September 14,201 1 Building Development Process Fees Page 8 of 9 value of work was accurate and no adjustments to the value of work were made that could have reduced the number of permits exceeding the threshold. Furthermore, with approximately 2,000 permits requiring reevaluation of work value to properly analyze the fees, the Building Department would have to dedicate significant staff time to perform this task only. On average, this would require reevaluating work values and fees for approximately eight(8) permits per day. There are currently no resources in the department to apply toward this function. Moreover, the additional time it would take to conduct the reevaluation would significantly impact the turn-around time of plan review and permit issuance, thereby negatively affecting the department's level of service. Depending on resources, the department will perform the reevaluation analysis concurrently with the plan review process. If the permit is ready to be issued, but the analysis is not yet complete, the permit fee can be collected to avoid a delay and a refund can be issued at a later date if appropriate. However, this results in additional staff time to process the increased number of refunds. The department budget will need to be amended to hire an outside consultant to perform the construction cost estimating function, or a permanent position that could be shared with the Capital Improvement Department which also has a need for a construction cost estimating position. Given the significant potential impact on department revenue and resources, the Administration wanted to provide the Commission with additional data to consider, and explore the impact if the permit fee trigger is increased to fifteen percent (1 5%) of the value of construction. The analysis resulted in approximately 1,200 permits (est. 11 % of total permits) affected with an estimated revenue impact of $435,000. Initial financial impact analysis of the proposed fee reductions for expired permits and the 10% trigger alone indicate a reduction of permit revenue of approximately up to $1 million. The financial impact can only be roughly estimated as the exact number of permits and the types of permits that will be applied for in the future are unknown. As suggested by the Finance and Citywide Projects Committee, permit revenue and associated costs resulting from the passing of these ordinances can be tracked the next 12 months and after one year, the actual financial impact can be evaluated, including the 10% trigger, and the appropriate next steps determined. However, preliminary figures can be presented to the Commission in early 201 2 when the Administration anticipates discussing further amendments to the fee ordinances. It should be further stated that the General Fund continues to support Building Department operations. Costs have increased while revenue collections remain essentially at FY 2007108 levels. Projected Building Department revenues, including the use of $1.5 million in Building reserves, for FY 2010/11 are $9 million, while expenses, including the overhead for administrative functions as described above, are projected at $1 1.5 million, resulting in the use of $2.5 in other General Fund revenues in support of the activities, an increase from $1.4 million in FY 200911 0. Renewal of Expired Permits 10% Trigger 15% Trigger % of Estimated 11,000 Total Permits 5.5% 18% 11% Estimated Permits Affected 600 2,000 1,200 Potential Estimated Revenue Impact $200,000 $830,000 $435,000 City Commission Memorandum September 14,201 1 Building Development Process Fees Page 9 of 9 Assuming that revenues do decrease under the proposed ordinance, and expenditure trends are stable, the Building Department operations will continue to require contributions from the General Fund and Building reserves. CONCLUSION The Administration recommends that the City Commission adopt the four ordinances amending various fees related to the Building ~evelo~ment process in the City of Miami Beach on second and final reading on September 14, 201 1 and revisit the 10% threshold after a year of experience to better understand the fiscal impact of this measure. JMGIKBIJGGIKT T:\AGENDA\2011\9-14-1 l\Building Development Process Fees - memo.doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE ClTY OF MlAMl BEACH CODE, RENAMING ARTICLES AND DIVISIONS; AMENDING FEES, CLARIFYING ADMINISTRATIVE PROCESSES AND THEIR RESPECTIVE FEES; CREATING A PROCESS FOR REEVALUATING PERMIT FEES; DELETING SECTIONS 14-421 THROUGH 14- 431, AND 14-466 THROUGH 14-698 IN THEIR ENTIRETY; AND AMENDING APPENDIX A BY MODIFYING INSPECTION FEES FOR BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL WORK, AND FOR OTHER BUILDING DEPARTMENT ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010- 3670, related to the fees for the Building Development Process; and WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a - - complete overhaul of the fee structure; and WHEREAS, the City Administration has worked with the new fee structure since implementation, and has identified a series of refinements to such fee structure that will help to clarify and bring equity to certain types of permit applications; and WHEREAS, the Administration recommends that the City Commission approve the following Ordinance amending Building Department fees related to the Building Development Process. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA: SECTION 1. That Chapter 14, Part I, Article I of the City Code is hereby amended to read as follows: nl ~rn LY I cnn -I \ acc- "kt ARTICLE I. - IN GENERAL t%&dVk~f: 1,2W SECTION 2. That Chapter 14, Article II, Division 2 "Permit Fees" of the City Code is hereby amended to read as follows: See. 14-61. - Permit fees, generally. (1) City projects. The cost of enforcing the building code on city related projects will be reimbursed based on the actual time spent in the processing, review and inspection of such projects. The payment will be due prior to issuance of the certificate of occupancy or completion for the project. Effective October 1, 201 1, for anv active permit applied for on or after Februarv 1, 2010, fees shall be based on the permit fee schedule in place at the time of the permit application submittal, and should be paid accordinglv. (m) [Adjusted rates.] The rates in appendix A pertaining to this division will be administratively adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price Index for Consumers in the Southeast United States for all items, unless otherwise directed by the city commission. Notwithstanding the preceding sentence, the rate adiustments set to take place in Februarv 201 1 and Februarv 2012 shall be waived, findinu such waiver to be in the best interest of the Citv and the public. lo) The rates in appendix A for permit fees pertainins to this chapter shall be re- evaluated administrativelv no less than everv three (3) vears from the last adopted changes. Anv recommended chancres shall be brought to the citv commission for consideration and final approval. fP) If the permit fee (including all citv department permit fees, but not including any - . outside aaencv fees or surcharges referenced in Sections 14-69, 14-70, or 50- 3(n) herein) calculated at time of permit application submittal is ureater than ten percent (10%) of the value of construction as declared on the permit application, the permit fee will be re-evaluated bv the building official or hislher desirrnee. However, for those permit applications where the value of construction is less than $1.000.00 or the permit fee is the minimum permit fee, no further evaluation shall be required and the fees calculated at the time of permit application shall stand. For those permits where there are no buildinq department plan review or inspections required, this res~onsibilitv shall be deleuated to the department director in the required review departments (such as, for example purposes onlv, fire, planning, public works), or their respective desiunees. The permit applicant shall pav the up-front processinu fee, as outlined in the applicable sections in Chapters 14, 15, 50 and 98 of the Citv Code, while the permit fee is beina re-evaluated. The re-evaluation shall consist of the respective citv representative(s) usinq industrv standard cost estimating resources (as determined bv them in their sole and reasonable discretion) to determine the estimated construction value. Usinq that determined value, the ~ermit fee shall not exceed ten percent (10%) or the minimum permit fee identified for that tvpe of work, as outlined in appendix A, whichever is ureater. If the determined construction value cannot be determined bv the above indicated resources, the actual level of effort for plan review and inspection shall be calculated and charged, but shall not exceed the originally calculated fee at time of permit application. Refunds, if required, shall be siven for anv pavment over a final ~ermit fee and subiect to the provisions in the applicable sections in Chapters 14, 15, 50 and 98 of the Citv Code regarding permit fee refunds. Sec. 14-62. - Building permits. (b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the schedule in appendix A, provided the same are for a permit required by Section 444-1 05.1 of the Florida Building Code, may be refunded by the building official subject to the following: (1) No refunds shall be made on requests involving: a. Permit fees of $100.00 or less; or b. Permits revoked by the building official under authority granted by the Florida Building Code; or c. Permits cancelled by court order; or d. Permits which have expiredp; or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the department, unless the refund is due to an overcharge by the city. - - (2) A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. (3) A full refund less the $50.00 minimum up-front permit fee and anv outside agency fees shall be qranted to a permit applicant who reauests a refund in writing, provided that no plan review has commenced. A full refund less $100.00 or the UD-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and anv outside aaencv fees shall be granted to a permit applicant who requests a refund in writing, provided that a permit has not been issued. A full refund less $100.00 or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and anv outside aaencv fees shall be granted to a permit holder (to whom a permit has been issued) who requests a refund in writing, provided: a. That the permit holder makes a written request prior to the permit expiration date; and b. That no work as evidenced by any recorded inspection has commenced under such permit. I -,+ . . fn- fdUWd becomes null and void, or expires because of lack of work or abandonment, a new permit covering the proposed construction shall be obtained before proceedina with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. if no more than 180 davs of the expiration date of the original permit has passed, and no refund has been made accordinq to this section, the applicant mav awplv to renew the permit. The rea~plication must be covering the same proiect and involving the same plans, and must be submitted with the plans and the applicant's validated copv of the original permit. A fee of twentv five percent (25%) of the oriqinal permit fee. plus an additional $57.00 processinq fee, shall be charged for a renewal under these circumstances. Where the permit is revoked, or becomes null and void or expires because of lack of work or abandonment, a new permit covering the pro~osed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1 .I of the Florida Building Code. If more than 180 davs but no more than 365 davs since the expiration date of the oriqinal permit has passed, and no refund has been made according to this section, the applicant mav applv to renew the permit. The reapplication must be covering the same - project and involvinq the same ~lans, and must be submitted with the plans and the applicant's validated copv of the original permit. A fee of twentv five percent (25%) of the original permit fee, plus a fee of twentv percent (20%) of the new permit fee, shall be charged for a renewal under these circumstances. For permits that have expired where the onlv missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charqed at based on the time dedicated for ins~ection(s). Sec. 14-70. - General information. This section contains a list of other fees collected by the building department for other departments or agencies. Specific amounts are given in appendix A. (1) A surcharge will be added to building permits for the state to study building code requirements for radon gas, as per F.S. § 553.721. This amount is non- refundable. (2) A surcharge will be added to building permits for the code compliance program established by the county. This amount is non-refundable. 13) A surcharge to the building permits will be added when processing marine structures according to schedule established by city ordinance. 14) A fee shall be charqed to anv building or structure for which a certificate of occupancv is being issued. 4jI5) A sanitation mqxsHeesurchar~e shall be charged for all building, electrical, plumbing, and mechanical and demolition permits. (6) A separate fire safetv, ~ublic works and/or zoning review fee associated with the building permit process shall be charcaed as outlined in ap~endix A. ***** SECTION 3. That Chapter 14, Article II, Division 3 of the City Code is hereby amended to read as follows: DIVISION 3. - BUILDING CODE VIOLATIONS (PFRMITS APPI 1F.D FOR BFFORE MARCH 1, iiQ4?22 SECTION 4. That Chapter 14, Part II, Article I of the City Code is hereby amended to delete the following: SECTION 5. That Chapter 14, Article II of the City Code is hereby amended to read as follows: Ac v ***** SECTION 6. That Division 2, Sections 14-421 through 14-431 of Chapter 14, Part II, Article II, of the City Code are deleted in their entirety. SECTION 7. That Articles Ill, IV, V, and VI, Sections 14-466 through 14-698 of Chapter 14, Part II of the City Code are deleted in their entirety. SECTION 8. That Appendix A of the City Code is hereby amended to read as follows: eparate installation not covere SECTION 9. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 10. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 11. 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 12. EFFECTIVE DATE. This Ordinance shall take effect on the lSt day of October 201 1, which is at least ten (10) days after adoption. PASSED and ADOPTED on first reading this day of ,2011. PASSED and ADOPTED on second reading this day of , 201 1. Mayor ATTEST: City Clerk Letters or numbers that are are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. T:\AGENDA\2011\7-13-1 l\Building Development Process Fees\Building Ordinance Strikethrough.doc MIAMIBEACH CITY OF MIAMI BEACH NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Cominission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 14,201 1, to consider the following: 10:15 a.m. 'TJrdinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Building Development Process Implemented On February 1,201 0: '$1. Ordinance Amending Chapter 14 0f ~he'city Of Miami Beach Code, Renaming Ariicles And Divisions; Amending Fees, Clarifying Administrative Processes And Their Respective Fees; Creating A Process For Reevaluating Permit Fees; Deleting Sections 14-421 Through 14-431, And 14-466 Through 14-698 In Their Entirety; And Amending Appendix A By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities 2. Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50-3 Thereof, Entitled "Plans Examination, Inspection, Permits"; And Amending Appendix A, By Adding New Fees And Modifying The Fee Schedule For The Fire Department Revieinr Process. 3. OrdinanceAmending Chapter 15 OfThe City Of Miami Beach Code, Article II, Entitled "Zoning Review Feeksociated With The Building Process", By Amending 15-31 And Adding New Sections 15-38 Through-15-43, Thereof; And Amending Appendix A, Adding New Fees AndModifying The Fee Schedule For Zoning Review Associated With The Building Process. 4. Ordinance Amending Chapter 98 of The City Of Miami Beach Code, Article Ill, Division 2, Section 98-92, Entitled - "Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees," By Amending Subsection (E), Adding Subsections (F) Through (I); Amending Section 98-94, Entitled "Refunds"; And Amending Appendix A By Adding New Fees And Modiiing The Fee Schedule For Pubiic Works Review Associated With The Building Process. lnquiries may be directed, to the City Manager's Dffice (305) 673-7010 10:20 a.m. Ordinance Amending Chapter 110 Of The City Code: Entitled "Utilities," By Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure," By Amending Division 3, Entitled "Billing Procedure," By Amending Section 110-191, Enti,t!ed "Pzymed M Ei!!r," By Amending !10-19!(B) By Chza~n, Tbe Cue Dzie Fcr Uti!!?y Eai!!sTQ? Dzys Frm 75 Dzys From The Date Of The Bill. lnquiries may be directed. to ihe Finance Department (305) 673-7466 10:30 a.m. Ordinance Of The Mayor And City Commission OfThe City of Miami Beach, ~lorida,~mending Chapter 46 Of The Miami City Code Entitled " Environment," By Amending Article IV Entitled "Noise" By Amending Section 46-151, Entitled "Definitions," By Amending The Definition of Habitual To ConformTo the.Habitual gffender-Language Set Forth In Subsections46-l59(a) (6) and (11). By Amending Section 46-152, Entitled "Adoption Of County Code Section by Reference; Unnecessary And Excessivb Noises Prohibited," To Adopt The County's Noise Standards In Section 46-152; By Amending Section 46-158, Entitled-"Enforcement By Code Inspectors; Notice of Violation, Warnings; Responsibility To Provide Current Address," To Remove Cerkin Language In Subsection (b)(2)Thai Is No Longer Relevant Due To ThePassage Of Time; By Amenaing Section 46-1 59 Entitled "Fines and Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The .--Habitual Offender Language In Subsection (h) To ~he'Provision In Sections 45-1 51 And 46-158(a)(6). lnquiries may be directed to the City ~hager's Office (305) 673-7010 10:40 a.m. Ordinance Amending The Land Development Regulations O$ The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off Street Parking", Article 11, "District Requirements", By Amending Section 130-31, "Parking. Districts Established':, To Expand The Boundaries Of The Existing Parking.Districts; By Amending SectionJ30-33, "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4:'ITo Amend Regulations Pertaining To Parking Districts 2,-3, And 4; And By Amending Article V, "Fee In Lieu Of Parking Program," Section 130-132, "Fee Calculation", Reducing The Yearly Fee In Lieu Of Parking From The Current Three Percent Of The One-Time PaymentTo A Lesser Percentage. 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 or to expresS their views in . wriing addressed to the City Commission c/o the City Clerk, 1700 Convention Center DriJe, 7* Floor, Ci Hall, ~iami Beach, Florida 33139. Any of these items may be opened and continued and.under such circumstances additional legal notice would not be provided. . Robert E. Parcher, Cii Clerk City of Miami Beach Pursuant to Section 286.0105, 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 accornmodation'to participate in this proceeding, or to request information on access for.persons with disabilities, or to requeg 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 tpe City Clerk's office via the Florida Relay Service numbers, (800) 955-8771 or (800) 955-8770 (VOICE). AD # 662 - ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 50 OF THE CITY OF MlAMl BEACH CODE, BY AMENDING SECTION 50-3 THEREOF, ENTITLED 'TLANS EXAMINATION, INSPECTION, PERMITS"; AND AMENDING APPENDIX A, BY ADDING NEW FEES AND MODIFYING THE FEE SCHEDULE FOR THE FIRE DEPARTMENT REVIEW PROCESS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-3671, related to the fees for the Building Development Process; and WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a complete overhaul of the fee structure; and WHEREAS,'the City Administration has worked with the new fee structure since implementation, and has identified a series of refinements to such fee structure that will help to clarify and bring equity to certain types of permit applications; and WHEREAS, the Administration recommends that the City Commission approve the following Ordinance amending Building Department fees related to the Building Development Process. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA: SECTION 1. That Chapter 50, Section 50-3 of the City Code is hereby amended to read as follows: Sec. 50-3. Plans examination, inspections, permits (m) Refunds, time limitations, cancellation, change of contractor. The fees charged pursuant to this Code, may be refunded by the fire marshal subject to the following: (1) No refunds shall be made on requests involving: a. Permit fees of $100.00 or less; or b. Permits revoked by the fire marshal or building official; or c. Permits cancelled by court order; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced by any recorded inspection having been made by the fire department. (2) A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. (3) A full refund less the $50.00 minimum up-front permit fee and anv outside aaencv fees shall be granted to a permit applicant who requests a refund in writing, provided that no plan review has commenced. A full refund less $100.00 or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and anv outside auencv fees shall be aranted to a permit a~plicant who requests a refund in writinq, provided that a permit has not been issued. A full refund less $100.00 or the upfront fee, whichever amount is greater, rounded down to the nearest dollar, and anv outside aaencv fees shall be granted to a permit holder {to whom a permit has been issued) who requests a refund in writing, provided: a. That the permit holder makes a written request prior to the permit expiration date; and b. That a validated copy of the permit be submitted with such request; and c. That no work, as evidenced by any recorded inspection, has commenced under such permit. kn -t +n . . L=e ierm=&h:i vbc n n f because of lack of work or abandonment, a new permit coverinq the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1 .I of the Florida Buildinq Code. If no more than 180 davs of the expiration date of the original permit has passed, and no refund has been made accordinq to this section, the applicant mav awlv to renew the permit. The reapplication must be covering the same proiect and involvinq the same plans, and must be submitted with the plans and the applicant's validated copv of the original permit. A fee of twentv five percent 125%) of the oriainal permit fee, plus an additional $57.00 processinq fee, shall be charqed for a renewal under these circumstances. Where the permit is revoked, or becomes null and void or expires because of lack of work or abandonment, a new ~ermit covering the proposed construction shall be obtained before proceedinq with the work, pursuant to Section 105.4.1 .I of the Florida Building Code. If more than 180 davs but no more than 365 davs since the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant mav applv to renew the permit. The reapplication must be coverina the same proiect and involving the same plans, and must be submitted with the plans and the applicant's validated copv of the original permit. A fee of twentv five percent (25%) of the oriainal permit fee, plus a fee of twentv ~ercent (20%) of the new permit fee, shall be charged for a renewal under these circumstances. For permits that have expired where the onlv missing component is one or more final inspections, the fee for reopening the permit, performing the final inspection(s), and ~rovidinq a final ap~roval on the permit shall be charqed at based on the time dedicated for inspection(s1. (CC) [Adjusted rates.] The rates in appendix A pertaining to this section will be administratively adjusted annually to reflect increase(s) or decrease(s) in Consumer Price Index for Consumers in the Southeast United States for all items, unless otherwise directed by the city commission. Notwithstanding the precedina sentence, the rate adiustments set to take place in Februarv 201 1 and Februarv 2012 shall be waived, finding such waiver to be in the best interest of the Citv and the public. (dd) The rates in appendix A for permit fees pertaining to this cha~ter shall be re- evaluated administratively no less than everv three (3) years from the last adopted changes. Anv recommended changes shall be brought to the citv commission for consideration and final approval. (ee) Permits for work not identified in amendix A. If it is determined that no s~ecific fee catesorv directlv matches a permit application request, the fire marshal mav identifv a cateaorv that closelv matches the level of effort or determine what the work will be charged at based on the time dedicated for plans review and inspection. The fire marshal mav require an upfront fee and a deposit to cover the estimated cost of the services to be provided. SECTION 2. That Appendix A of the City Code is hereby amended to read as follows: For first 75 linear feet 11 1 .OO 59.00 2440 XkQQ 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, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect on the IS' day of October 201 1, which is at least ten (1 0) days after adoption. PASSED and ADOPTED on first reading this day of ,2011. PASSED and ADOPTED on second reading this day of 2011. ATTEST: Mayor City Clerk Letters or numbers that are are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. T:\AGENDA\.OI 1\7-13-1 I\Building Development Process Fees\Fire Ordinance Strikethrough.doc CITY OF MIAMI BEAGH . NOTICE PUBLIC HEARlNGS NOTICE IS HEREBY given that second 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, September 14,2011, to consider the following: 10:15 a.m. 'brdinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Buiiding Development Process implemented On February 1,2010: 1. Ordinance Amending Chapter 14 Of ~he'city Of Miami Beach Code, Renaming Articles And Divisions; Amending Fees, Clarifying Administrative Processes And Their Respective Fees; Creating A Process For Reevaluating Permit Fees; Deleting Sections 14-421 Through 14-431, And 14-466 Through 14-698 In Their Entirety; And Amending Appendix A By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities . . 2, Ordinance Amending Chapter 50 Of The City 01 Miami Beach Code, By Amending Section 50-3 Thereof, Entitled "Plans Examination, Inspection, Permits"; And Amending Appendix A, By Adding New Fees And Modifying She Fee Schedule For The Fire Department Revieinr Process. 3. Ordinance Amending Chapter 15 OfThe City Of Miami Beach Code,Article II, Entitled "Zoning Review Fee Associated Wiih The Building Process", By Amending 15-31 And Adding New Sections 15-38 Through-15-43, Thereof; And Amending Appendix A, Adding New Fees And-Modifying The Fee Schedule For Zoning Review Associated With The Building Process. 4. Ordinance Amending Chapter 98 of The Ci Of Miami Beach Code, Article Ill, Division 2, Section 98-92, Entitled "Application; Amount Of Deposit; Use 01 Deposit To Replace Surface; Permit Fees," By Amending Subsection (E), Adding Subsections (F) Through (I); Amending Section 98-94, Entitled "Refunds"; And Amending Appendix A By Adding New Fees And Modifying The Fee Schedule For Pubiic Works Review Associated With The Building Process. lnquiries may be directed, to the City Menager's Office (305) 673-7010 la20 a.m. Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities," By Amending Article IV, Enfied "Fees, Charges, Rates And Billing Procedure," By Amending Division 3, Entitied "Billing Procedure," By Amending Section 110-191, Entlt!ed "?ay?:rmen? Gi Ri!!s," By Amendin; 110-1 91fR) By Chsngins The Eue Dak Fear l!8!ity Rai!!~ To?: Days Fr!?n! 15 Esys From The Date Of The Bill. lnquiries may be directedto the Finance Department (305) 673-7466 10:30 9.m. Ordinance OfThe Mayor And City Commission OfThe City of Miami Beach, Florida,Amending Chapter 46 Of The Miami City Code Entitled " Environment," By Amending Article IV Entitled "Noise" By Amending Section 46-151, Entitled "Definitions," By Amending The Definitionof Habitual To Conform Tothe Habitual nffender-Language Set Forth In Subsections46-l59(a) (6) and (Ii), By Amending Section 46-152; Entitled "Adop~on Of County Code Section by Reference; Unnecessary And Excessi* Noises Prohibited," To Adopt The County's Noise Standards In Section 46-6-152; By Amending Section 46-158, Entitled-"Enforcement By Code Inspectors; Notice of Violation, Warnings; Responsibility To Provide Current Address," To Remove Certain Language In Subsection (b)(2)Thai Is No Longer Relevant Due To The-Passage Of Time; By Amending Section 46-1 59 Entitled "Fines and Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The _-.Habitual Offender Language In Subsection (h) ToThe Provision In Sections 46-151 And 46-158(a)(6). lnquiries may be directed to the City ~hager's Office (305) 673-7010 la40 a.m. Ordinance Amending The Land Development Reiulations 0i The Code Of The City Of Miami Beach, BY Amending Chapter 130, "Off Street Parking", Article 11, "District Requirements", By Amending Section 130-31, "Parking Districts Established", To Expand The Boundaries Of The Existing Parking.Districts; By Amending Section_130-33, "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4,"To Amend Regulations Pertaining To Parking Districts 2,-3, And 4; And By Amending Article V, "Fee in Lieu Of Parking Program," Section 130-132, "Fee Calculation", Reducing The Yearly Fee In Lieu Of Parking From The Current Three Percent QThe One-Time PayrnentTo A Lesser Percentage. lnquiries 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 1, writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Dri6,l" Floor, City Hall, Miami Beach, Florida 33139. Any of these items may be opened and continued and.under such circumstances additional l'egal notice would not be provided. Robert E. Parcher, Ci Clerk r City of Miami Beach Pursuant to Section 286.0105, 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 inadmis$ble or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In acc~rdancewlth the Americans with Disabilities Act of 1990, persons needing special aceommodationto participate in this proceeding, or ta 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) 673-7411, no later than four days prior to the proceeding. If hearing impaired, contact me Cii Clerk's office via the Florida Relay Service numbers, (800) 955-8771 FI) or (800) 955-8770 (V0ICE):AO # 662 -. THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE ClTY OF MlAMl BEACH CODE, ARTICLE II, ENTITLED "ZONING REVIEW FEE ASSOCIATED WlTH THE BUILDING PROCESS", BY AMENDING 15-31 AND ADDING NEW SECTIONS 15-38 THROUGH 15-43, THEREOF; AND AMENDING APPENDIX A, ADDING NEW FEES AND MODIFYING THE FEE SCHEDULE FOR ZONING REVIEW ASSOCIATED WlTH THE BUILDING PROCESS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 201 0- 3672, for Zoning review, related to the fees for the Building Development Process; and WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a - - complete overhaul of the fee structure; and WHEREAS, the City Administration has worked with the new fee structure since implementation, and has identified a series of refinements to such fee structure that will help to clarify and bring equity to certain types of permit applications; and WHEREAS, the Administration recommends that the City Commission approve the following Ordinance amending Building Department fees related to the Building Development Process. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA: Section 1 . That Chapter 15 of the City Code is hereby amended to read as follows: Sec. 15-31. - Zoning review fees associated with the buildinu permit process levied. A separate zoning review fee associated with the building permit plans review process is hereby levied and imposed, and shall apply to the city's planning department zoning reviews of building, plumbing, electrical and mechanical permits and other plans review activities associated with the permit plans review process undertaken by that department. Said fee shall be collected by the building department on behalf of the planning department, (see also subsection 4-44%@14-70(6)). Sec. 15-38. - Permits for work not identified in appendix A. If it is determined that no specific fee catenorv directly matches a permit application request, the planning director may identifv a cateqorv that closely matches the level of effort or determine what the work will be charaed at based on the time dedicated for plans review and inspection. The planning director rnav require an upfront fee and a deposit to cover the estimated cost of the services to be provided. Sec. 15-39. - Expedited Plans Review and Inspection Fee Upon reauest from the applicant, the department rnav schedule an expedited plans review or inspection, on an overtime basis bv citv staff. When such service is provided, the ap~licant will reimburse the citv for the cost of the citv emplovee(s), in addition to the regular permit and other applicable fees. Sec. 15-40. - Refunds The fees charged pursuant to this chapter, rnav be refunded bv the planninq director subiect to the followinu: {I) No refunds shall be made on requests involving: a. Permit fees of $1 00.00 or less; or b. Permits revoked bv the fire marshal or building official; or c. Permits cancelled bv court order; or d. Permits which have expired; or e. Permits under which work has commenced as evidenced bv anv recorded . inspection having been made bv the department. 12) A full refund shall be aranted to a permit holder who takes out a permit coverins work outside the iurisdictional inspection area. 13) A full refund less the $50.00 minimum up-front permit fee and anv outside aaencv fees shall be aranted to a permit applicant who reauests a refund in writing, provided that no plan review has commenced. A full refund less $100.00 or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and anv outside agencv fees shall be aranted to a permit applicant who requests a refund in writing, provided that a permit has not been issued. A full refund less $100.00 or the upfront fee. whichever amount is greater, rounded down to the nearest dollar, and anv outside aaencv fees shall be aranted to a permit holder (to whom a permit has been issued) who requests a refund in writina provided: a. That the permit holder makes a written request prior to the permit expiration date; and - b. That a validated co~v of the permit be submitted with such request; and c. That no work, as evidenced bv anv recorded inspection, has commenced under such permit. Sec. 15-41. Expired Permits Where the permit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit coverina the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Buildina Code. If no more than 180 davs of the expiration date of the original permit has passed, and no refund has been made according to this section, the applicant mav applv to renew the permit. The reapplication must be coverinu the same proiect and involvinq the same plans, and must be submitted with the plans and the applicant's validated copv of the original permit. A fee of twentv five percent (25%) of the original permit fee, plus an additional $57.00 processinq fee, shall be charged for a renewal under these circumstances. Where the permit is revoked, or becomes null and void or expires because of lack of work or abandonment, a new ~ermit coverinq the proposed construction shall be obtained before proceedinu with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If more than 180 davs but no more than 365 davs since the expiration date of the original permit has passed, and no refund has been made accordinn to this section, the applicant mav applv to renew the permit. The reapplication must be covering the same proiect and involving the same plans, and must be submitted with the plans and the applicant's validated copv of the original permit. A fee of twentv five percent (25%) of the oriclinal permit fee. plus a fee of twentv percent (20%) of the new permit fee, shall be charqed for a renewal under these circumstances. For permits that have expired where the onlv missing component is one or more final inspections, the fee for re-opening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charged at based on the time dedicated for inspection(s). Sec. 15-42. - CAdiusted rates.1 The rates in appendix A pertaining to this section will be administrativelv adiusted annuallv to reflect increase(s) or decrease(s) in Consumer Price Index for Consumers in the Southeast United States for all items, unless otherwise directed bv the citv commission. Notwithstanding the precedin~ sentence, the rate adiustment set to take place in February 2012 shall be waived, finding such waiver to be in the best interest of the Citv and of the public. Sec. 15-43 The rates in a~pendix A for permit fees pertaininq to this chapter shall be re-evaluated administrativelv no less than everv three (3) vears from the last adopted changes. Any recommended changes shall be brought to the citv commission for consideration and final approval. Section 2. That Appendix A of the City Code is hereby amended to read as follows: Description 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, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect on the lSt day of October 201 1, which is at least ten (10) days after adoption. PASSED and ADOPTED on first reading this day of ,2011. PASSED and ADOPTED on second reading this day of , 201 1. Mayor ATTEST: City Clerk Letters or numbers that are are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. T:WGENDA\2011\7-13-11 \Building Development Process Fees\Planning Ordinance Strikethrough.doc APPROVED AS TO FORM & LANGUAGE ' & FOH EXECUTION I3i% 1 \' p~~ MIAMIBEACH . ;2 - -- CITY OF MIAMI BEACH' . 690"sTBICE PUBLIC MIWIRINGS NOTICE IS HEREBY given that s.econd readings and public hearings will be held by the Mayor and ~i~~~~~~~~~~$~ of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 ti^^ Center Drive;Miami Beach, Florida, on Wednesday, September 14,201 I, to consider the following: 10:15 a.m. -3rdinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Building . . Development Pro,cess Implemented On February 1,2010: 1. Gdinance Amending Chapter 14 of ~he'city Of Miami Beach Code, Renaming Articles And Divisions: Amending Fees, Clarifying Administrative Processes And Their Respective Fees Creating A Process For Reevaluating Permit Fees; Deleting Sections 14-421 Through 14-431, And 14-466 Through 14-698 In Their Entirety; And Amending Appendix A By Modifying lnspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities 2. Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50-3 Thereof, Entitled "Plans Examination, lnspection, Permits"; And Amending Appendix A, By Adding New Fees And Modifying The Fee Schedule For The Fire Department Revieiv Process. X 3. Ordinance Amending Chapter 15 OfThe City Of Miami Beach Code,Article 11, Entitled "Zoning Review Fee Associated Witin The Building Process", By Amending 15-37 And Adding New Sections 15-38 Through-15-43, Thereof; And Amending Appendix A, Adding New Fees AndModifying The Fee Schedule For Zoning Review Associated With The I Building Process, ' 4. Ordinance Amending Chapter 98 of The GI Of Miami Beach code, Article Ill, Divisio? 2, Section 98-92, Entitled ' "Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees: By Amending Subsection (El, Adding Subsections (F) Through (If; Amending Section 98-94, Entitled "Refunds"; And Amending Appendix A By Adding New Fees And Modtiying The Fee Schedule For Pubiic Works Review Associated With The Building Process. lnquiries may be directed, to the City Manager's Office (305) 673-7010 10:20 a.m. Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities," By Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure," By Amending Division 3, Entitled "Billing Procedure," By Amending Section 110-191, Eniit!er! "?eym"d Oi Ei!!s," Ey amend in^ ! 10-1 $7 (E) By Chenging Thr? Dge Dete FCII Uti!i?y BI!IsTC?! D2ys FF~% I5 D8ys From The Date Of The Bill. lnquiries may be directed to the Finance Department (305) 673-7466 10:30 a.m. Ordinance Of The Mayor And City Commission OfThe Ci of Miami Beach, ~lorida,~menring Chapter 46 Of The Miami City Code Entitled " Environment," By Amending Article IV Entitled "Noise" By Amending Section 46-151, Entitled "Definitions," By Amending The Definition of habitual To Conform To the Habitual Sffender-Language Set Forth In Subsections46-l59(a) (6) and (Ii), By Amending Section 46-152, Entitled "Adopfion Of County Code Section by Reference; Unnecessary And Excessi$ Noises Prohibited," To Adopt The County's Noise Standards In Section 46-152; By Amending Section 46-158, Entit1ed"Enforcement By Code Inspectors; Notice of Violation, Warnings; Responsibility To Provide' Current Address," To Remove Certain Language In Subsection (b)(Z)Tha? Is No Longer Relevant Due To The-Passage Of Time; By Amenaing Section 46-1 59 Entitled "Fines and Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The ...- 9abitual Offender Language In Subsection (h) To Theprovision In Sections 46-151 And 46-1 58(a)(6). lnquiries may be directed to the City ~hagefs Office (305) 673-7010 10:40 a.m. Ordinance Amending The Land Development Regulations of The Code M The City Df Miami Beach, BY Amending Chapter 130, "Off Street Parking", Article li, "Disti~ct Requirements", By Amendi~g Section 130-31, "ParkinS- Districts Established", To Expand The Boundaries Df The Existing Parking.Districts; By Amending SectionJ30-33, "Off-Street Parking Requirements For Parking Districts Nos. 2,3 And 4,"To Amend Regulations Pertaining To'Parking Districts 2,-3, And 4;-And By Amending Article V, "Fee In Lieu Of Parking Program," Section 130-132, "Fee Caiculation", Reducing The Yearly Fee In Lieu Of Parking From The Current Three Percent Of The One-Time PaymentTo A Lesser Percentage. 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 or to express their views in . writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Drifi, 1* Floor, C@ Hall, Miami Beach, Florida 33139. Any of these items may be opened and continued and.under such circumstances additiooal i'egal notice would not be provided. . Robert E. Parcher, Ci Clerk City of Miami Beach Pursuant to Section 286.0105, FL Statute, 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 introd~ction~or admission of othefwise inadmisyble or irrelevant evidence, nor does it authorize challenges or appeals not oFelwise allowed by law. In accbrdance'with the Americans with Disabilities Act of 1990, persons needing special aceommodation'to participate in this proceeding, or to request information on access for.peffions with disabilities, or to request this-publication in accessible format, or to request sign language interpreters, should contact the City Clerk's ofiice at (305) 673-7411, no later than four days prior to the proceeding. If hearing impaired, contacttfieCity Clerk's office via the Florida Relay Service numbers, (800) 955-8771 or (800) 955-8770 DIO!GB.'m # 662 . . . . . . . .I". . .. . - . . . . ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 98 OF THE CITY OF MlAMl BEACH CODE, ARTICLE Ill, DIVISION 2, SECTION 98-92, ENTITLED "APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE SURFACE; PERMIT FEES," BY AMENDING SUBSECTION (E), ADDING SUBSECTIONS (F) THROUGH (I); AMENDING SECTION 98-94, ENTITLED "REFUNDS"; AND AMENDING APPENDIX A BY ADDING NEW FEES AND MODIFYING THE FEE SCHEDULE FOR PUBLIC WORKS REVIEW ASSOCIATED WITH THE BUILDING PROCESS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 201 0- 3673, related to the fees for the Building Development Process; and WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a complete overhaul of the fee structure; and WHEREAS, the City Administration has worked with the new fee structure since implementation, and has identified a series of refinements to such fee structure that will help to clarify and bring equity to certain types of permit applications; and WHEREAS, the Administration recommends that the City Commission approve the following Ordinance amending Building Department fees related to the Building Development Process. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA: SECTION 1. Chapter 98, "Streets and Sidewalks," Article Ill, "Excavations," Division 2, "Permit," of the City Code is hereby amended to read as follows: Sec. 98-92. Application; amount of deposit; use of deposit to replace surface; permit fee. (e) A surcharge to building permits in the amount(s) set forth in appendix A will be added by the public works department for construction activities which may impact city-owned property, rights-of-way, or easements. The surcharge collected will cover processing, plans review, and inspection services rendered by the department. The surcharge rate in appendix A will be administratively adjusted annually to reflect increases or decreases in the Consumer Price Index for consumers in the southeast United States for all items, unless otherwise directed by the city commission. Notwithstandina the preceding sentence, the rate adjustment set to take place in Februaw 2012 shall be waived, finding such waiver to be in the best interest of the Citv and of the public. /f) Permits for work not identified in appendix A. If it is determined that no specific fee categorv directlv matches a permit application request, the public works director mav identifv a categorv that closelv matches the level of effort or determine what the work will be charged at based on the time dedicated for plans review and inspection. The public works director mav require an upfront fee and a deposit to cover the estimated cost of the services to be provided. Lq) Expired Permits. Where the ~ermit is revoked, or becomes null and void, or expires because of lack of work or abandonment, a new permit covering the D~ODOS~~ construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1 .I of the Florida Building Code. If no more than 180 davs of the expiration date of the oriainal permit has passed, and no refund has been made according to this section, the applicant mav ~DDIV to renew the permit. The reapplication must be covering the same ~roiect and involving the same plans, and must be submitted with the plans and the applicant's validated copv of the original permit. A fee of twentv five percent (25%) of the oriainal permit fee, plus an additional $57.00 processing fee, shall be charged for a renewal under these circumstances. Where the permit is revoked, or becomes null and void or expires because of lack of work or abandonment, a new permit coverina the proposed construction shall be obtained before proceeding with the work, pursuant to Section 105.4.1 .I of the Florida Building Code. If more than 180 davs but no more than 365 davs since the expiration date of the orisinal permit has passed, and no refund has been made accordina to this section, the applicant mav applv to renew the permit. The reapplication must be coverinq the same proiect and involving the same plans, and must be submitted with the plans and the apolicanfs validated cow of the oriainal permit. A fee of twentv five percent 125%) of the original permit fee. plus a fee of twentv percent (20%) of the new permit fee, shall be charged for a renewal under these circumstances. For permits that have expired where the onlv missing component is one or more final inspections. the fee for re-opening the permit, performing the final inspection(s), and providing a final approval on the permit shall be charged at based on the time dedicated for inspection(s). /h) The rates in appendix A for permit fees pertaining to this chapter shall be re- evaluated administratively no less than everv three (3) vears from the last adopted chanaes. Anv recommended changes shall be brought to the citv commission for consideration and final approval. fi) Expedited Plans Review and Inspection Fee Upon reauest from the applicant, the department mav schedule an expedited plans review or inspection, on an overtime basis bv citv staff. When such service is provided, the applicant will reimburse the citv for the cost of the citv emplovee(s), in addition to the regular permit and other a~~licable fees. Sec. 98-94. - Refunds. The fees charaed pursuant to this Code, mav be refunded bv the public works director subiect to the followinn: (1 ) No refunds shall be made on reauests involvina: a. Permit fees of $100.00 or less; or b. Permits revoked bv the fire marshal or buildinq official; or c. Permits cancelled bv court order: or d. Permits which have expired; or e. Permits under which work has commenced as evidenced bv anv recorded inspection having been made bv the department. - /2) A full refund shall be granted to a permit holder who takes out a permit coverina work outside the iurisdictional inspection area. 53) A full refund less the $50.00 minimum up-front permit fee and anv outside anency fees shall be aranted to a permit applicant who reauests a refund in writing, provided that no plan review has commenced. A full refund less $100.00 or the up-front permit fee, whichever amount is greater, rounded down to the nearest dollar, and anv outside aaencv fees shall be aranted to a permit applicant who reauests a refund in writina. provided that a permit has not been issued. A full refund less $100.00 or the upfront fee, whichever amount is areater, rounded down to the nearest dollar, and any outside aaencv fees shall be aranted to a permit holder (to whom a permit has been issued) who reauests a refund in writin% provided: a. That the permit holder makes a written request prior to the permit expiration date; and - b. That a validated copv of the permit be submitted with such request: and c. That no work, as evidenced bv anv recorded inspection, has commenced under such permit. Section 2. That Appendix A of the City Code is hereby amended to read as follows: Blocking Right of Wav (all others): the greater of $0.25 per L.F. per dav or $0.03 per S.F. Der day Discounted Amount (Effective F& 44Sl-Q Oct. 1, 201 1 through - Sept. 30, ~2012) Amount (Effective Oct. I, ~2012) Section this Code I Descri~tion * * * * * I I I covers: I I SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered . to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the lSt day of October 201 1, which is at least ten (10) days after adoption. PASSED and ADOPTED on first reading this day of ,2011. PASSED and ADOPTED on second reading this day of I 201 1. Mayor ATTEST: City Clerk Letters or numbers that are are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. APPROVED AS TO FORM & LANGUAGE T:MGENDA\2011\7-13-1 l\Building Development Process Fees\Public Works Ordinance Strik&t+~~cu~l~~ ,a * MIAMIBEACH ; . -. CITY OF M~AM~ BEACH - NOnICE PUBLIC HWR$NGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and Gity Commiss~n of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Dme;Miami Beach, Florida, on Wednesday, September 14,201 1, to consider the following: 10:15 a.m. 3rdinances Modifying To The ~uilding, Fire, Planning And public Works Department Fees Related To he Building . . Development Pro.cess Implemented On February 1,2010: I. Ordinance Amending Chapter 14 Of ~he'city Of Miami Beach Code, Renaming Articles And Divisions; Amending Fees, Clarifying Administrative Processes And Their Respective Fees; Creating A Process For Reevaluating Permit Fees; Deleting Sections 14-421 Through 14-431, And 14-466 Through 14-698 In Their Entirety; And Amending Appendix A By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities 2. Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50-3 Thereof, Entitled "Plans Examination, Inspection, Permits"; And Amending Appendix A, By Adding New Fees And Modifying The Fee Schedule For The Fire Department Review Process. 3. Ordinance Amending ChapBr 15 OfThe City Of Miami Beach Code,Article Ii, Entitled "Zoning Review FeeAssociated Wiih The Building Process", By Amending 15-31 And Adding New Sections 15-38 Through-15-43, Thereof; And Amending Appendix A, Adding New Fees And.Modifying The Fee Schedule For Zoning Review Associated With The Building Process, 2 4. Ordinance Amending Chapter 98 of The City Of Miami Beach Code, Article ill, Division 2, Section 98-92, Entitled "Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees," By Amending Subsection (E), Adding Subsections (F) T'nmugh (I); Amending Section 98-94, Entitled "~efunds"; And Amending Appendix A By Adding New Fees And Modifying The Fee Schedule For Public Works Review Associated With The Building Process. Inquiries may be directed, to the City Manager's Office (305) 673-7010 10:20 a.m. Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities," By Amending Article iV, Entitled "Fees, Charges, Rates And Billing Procedure," By Amending Division 3, Entitled "Billing Procedure," By Amending Section 110-191, 1 En$!ed "?zy:'mer.t Of Ei!!e," Ey &mending ! 10-1 GI(@ By Chsnging The he Dete For Utility Bl!!sTo 21 Days From ! 5 Days From The Date Ot The Bill. I lnquiries may be directed to the Finance Department (305) 673-7466 ' Ilk30 a.m. Ordinance Of The Mayor And City Commission Of The City of Miami ~each, ~lorida,~mendin~ Chapter 46 Of The Miami City Code Entitled " Environment," By Amending Arti~le IV Entitled "Noise" By Amending Section 46-151, Entitled "Definitions," By Amending The Definition of Habitual To Conform To the Habitual offender-Language Set Forth In Subsections46-l59(a) (6) and (h), By Amending Section 46-152; Entitled "AdopGon Of County Code Section by Reference; Unnecessary And Excessiirb Noises Prohibited," To Adopt The County's Noise Standards In Section 46-152; By Amending Section 46-158, Entitled"Enforcement By Code Inspectors; Notice of Violation, Warnings; Responsibility To Provide' Current Address," To Remove Certain Language In Subsection (b)(2)That Is No Longer Relevant Due To The.Passage Of Time; &y Amenaing Section 46-1 59 Entitled "Fines and Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The --Habitual Offender Language In Subsection (h) To ~he'Provision In Sections 46-151 And 46-1 58(a)(6). lnquiries may be directed to the City ~hager's Office (305) 673-701 0 10:40 a.m. Ordinance Amending The Land Development Regulations of The Code Of The City Of Miami Beach, BY Amending Chapter 130, "Off Street Parking", Article li, "District Requirements", By Amending Section 130-31, "Parking Districts Established", To Expand The Boundaries Of The Existing Parking.Districts; By Amending SectionJ30-33, "Off-Street Parking Requirements For Parking Districts Nos. 2'3 And 4,".To Amend Regulations Pertaining To Parking Districts 2,-3, And 4; And By Amending Article V, "Fee In Lieu Of Parking Program," Section 130-132, "Fee Calculation", Reducing The Yearly Fee in Lieu Ofparking From The Current Three Percent Of The One-Time PaymentTo A Lesser Percentage. inquiries 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 or to expre~ their views in . writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center ~rifi, In Floor, City Hall, Mhmi Beach, Florida 33139. Any of these items may be opened and continued and.under such circumstances additiooal legal notice would not be provided. , Robert E. Parcher, City Clerk . - City of Miami Beach Pursuant to Section 286.0105, 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 itshearing, 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 inadmiss,ibie or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by la*. In accordance'with the Americans with Disabilities Act of 1990, persons needing special aceommodation'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) 673-7411, no later than four days prior to the proceeding. If hearing impaired, contact Re City Clerk's office via the Florida Relay Service numbers, (800) 955-8771 (TWJ or (800) 955-8770 (VO!GE).AD # 662 . ----A . . . , . -. . . - COMMISSION ITEM SUMMARY Condensed Title: I An Ordinance amending Chapter 110 of the City Code, entitled "Utilities," by amending Article I IV, entitled "Fees, charges, kates and Billing Procedure," by amending Division 3, entitled "Billing Procedure," by amending Section 1 10-1 91, entitled "Payment of 8ills," by amending 11 0- 191 (b) by changing the due date for utility bills to 21 days from 15 days from the date of the bill ... Key Intended Outcome Supported: ( Increase community satisfaction with City Government. Supporting Data (Surveys, Environmental Scan, etc.): 87% of residents rated Miami Beach as an excellent or good place to live. Issue: I Shall the Mayor and City Commission approve the Ordinance? Item Summary1Recommendation: At the February 9, 2011 City of Miami Beach Commission meeting, a discussion item regarding the amount of time customers have to pay their utility bill was referred by Commissioner Jonah Wolfson to the Finance and Citywide Projects Committee (F&CWPC). Presently, the Miami Beach City Code states that all water, sewer and stormwater utility bills (utility bills) shall be paid within 15 days from the date of the bill. On June 23, 2011, at a meeting of the F&CWPC, the Committee recommended changing the due date for utility bills to 21 days, from the current 15 days, from the date of the bill. This recommendation came after the Committee analyzed and compared due dates from other public utility providers from neighboring communities, as well as, other utility bills from private providers who operate in Miami Beach. At the July 13, 2011 City of Miami Beach Commission meeting, upon first reading, the Commission unanimously voted to change the due date for utility bills to 21 days, from the current 15 days, from the date of the bill. The Commission also referred a discussion item to the F&CWPC, additionally amending the proposed Ordinance by changing the penalty percentage charged on late bills, from 10% to 5% of the current bill. This referral discussion was scheduled to be heard at the August 17, 201 1 meeting of the F&CWPC, a meeting which was canceled and rescheduled as a result of a lack of a quorum. Advisory Board Recommendation: The Finance and Citywide Projects Committee recommended the proposed Ordinance be approved by the Commission. Pending further discussion on July 13, 201 1 proposed _ amendment. City Clerk's Office Legislative Tracking: [ Patricia D. Walker Financial Information: 8 MIAMIBEACH ,,, Source of Funds: I3 OBPl Financial Impact Summary: 1 2 Total Amount Account 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 SECOND READING (Open & Continue) DATE: September 14, 201 1 PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE M !dv OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER I10 OF THE ClTY CODE, ENTITLED "UTILITIES," BY AMENDING ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE," BY AMENDING DIVISION 3, ENTITLED "BILLING PROCEDURE," BY AMENDING SECTION 110-191, ENTITLED "PAYMENT OF BILLS," BY AMENDING 110-191(B) BY CHANGING THE DUE DATE FOR UTILITY BILLS TO 21 DAYS FROM 15 DAYS FROM THE DATE OF THE BILL; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission open and continue this item until the Finance and Citywide Projects Committee has had an opportunity to discuss and make a recommendation on the proposed Ordinance amendment. BACKGROUND At the February 9, 201 1 City of Miami Beach Commission meeting, a discussion item regarding the amount of time customers have to pay their utility bill was referred by Commissioner Jonah Wolfson to the Finance and Citywide Projects Committee (F&CWPC). Presently, the Miami Beach City Code states that all water, sewer and stormwater utility bills (utility bills) shall be paid within 15 days from the date of the bill. ANALYSIS On June 23, 201 1, at a meeting of the F&CWPC, the Committee recommended changing the due date for utility bills to 21 days, from the current 15 days, from the date of the bill. This recommendation came after the Committee analyzed and compared due dates from other public utility providers from neighboring communities, as well as, other utility bills from private providers who operate in Miami Beach (analysis listed for review). UTB CH 700 Ordinance Revision Page 2 of 2 Florida Power and Light 1 30 1 21 r 6 ECO - Peoples Gas 1 30 1 21 6 1 City of Miami Beach - Utility Billing Miami-Dade Water and Sewer Department Broward County Commission - Public Works Department City of Miramar The Committee further recommended that the new 21 day due date become effective for fiscal year 201 11201 2. The proposed adjustment to the due date for the payment of utility bills may have a "one-time" approximate cash impact of $1,902,000, or $317,000 for each day the due date is extended, as the City collects approximately $317,000 each business day. The City is expected to have sufficient resources to provide for the projected economic impact of this change within its Enterprise Utility funds. 30 90 30 30 At the July 13, 201 1 City of Miami Beach Commission meeting, upon first reading, the Commission unanimously voted to change the due date for utility bills to 21 days, from the current 15 days, from the date of the bill. The Commission also referred a discussion item to the F&CWPC, additionally amending the proposed Ordinance by changing the penalty percentage charged on late bills, from 10% to 5% of the current bill. This referral discussion was scheduled to be heard at the August 17, 201 1 meeting of the F&CWPC, a meeting which was canceled and rescheduled as a result of a lack of a quorum. This item is now scheduled to be heard at the September 26, 201 1 F&CWPC meeting. 15 21 21 21 CONCLUSION AND RECOMMENDATION 6 6 6 The Administration recommends that the City Commission open and continue this item until it is discussed at the next F&CWPC meeting and a recommendation is made. JMGIPDWlmm @ T:\AGENDA\2011\9-14-1 I\UTB CH 11 0 Ordinance Memo 2nd Reading 16NE -. -- I THURSDAY, AUGUST 2$, 20-1 WE, - -- - 1. , Roberi E. Parcher, Ciiy Clerk Ci of Miami Beach - - COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 46 Of The Miami Beach City Code Entitled "Environment," By Amending Article Iv Entitled "Noise" By Amending Section 46-151, Entitled "Definitions," B~ mending The ~efincion Of Habitual To Conform To The Habitual Offender Language Set Forth In Subsections 46-1 59(A)(6) And (H); By Amending Section 46- 152, Entitled "Adoption Of County Code Section By Reference; Unnecessary And Excessive Noises Prohibited," To Adopt The County's Noise Standards In Section 46-152; By Amending Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation; Warnings; Responsibility To Provide Current Address," To Remove Certain Language In Subsection (b)(2) That Is No Longer Relevant Due To The Passage Of Time; By Amending Section 46-1 59 Entitled "Fines And Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The Habitual Offender Language In Subsection (H) To The Provisions In Sections 46-151 And 46-159(A)(6); And Providing For Repealer, Severability, Codification, And An Effective Date. Key Intended Outcome Supported: Increase resident satisfaction with the level of code enforcement I J Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Satisfaction Survey, 26% of the residents citywide rated the amount of noise in their neighborhoods as too much or much too much. Issue: I Shall the Mayor and City Commission amend Chapter 46, Article IV, Noise? - 1 Item Summary/Recommendation: I SECOND READING PUBLIC HEARING At the June 1,201 1 City Commission meeting, a proposed amended Noise Ordinance was referred by the Mayor and City Commission to the Neighborhoods/Community Affairs Committee (NCAC). The NCAC considered the proposed amendments to the Noise Ordinance at its meeting on July 7, 201 1 and unanimously recommended the regulatory clean-up changes set forth in the revised draft Ordinance attached hereto. In March, 2006, via Ordinance No. 2006-351 1, the City adopted by reference the County's definition of Noise, found in County Code Section 21-28 as the standard for enforcement. This standard was selected as it had been used by the City in issuing noise violations prior to that amendment date, and had been upheld through various legal challenges. The attached amendments adopt the County's noise standards in §21-28 of the County Code within the text of the Miami Beach City Code. An additional minor amendment to the City's Noise Ordinance is proposed with regard to the definition of habitual offender to conform to existing language in §§46-159(a)(6) and (h). Lastly, it is proposed to remove language in §46- 158(b)(2) that is no longer relevant due to the passage of time. This particular language was included at the time of the 2008 amendment when the number of written warnings for commercial establishments was reduced to one, in order to address any commercial establishment that already had received a written warning at that time. The proposed amendments to the Noise Ordinance do not make any substantive changes to the intent or implementation of the existing Noise Ordinance. The proposed changes will further clarify the current requirements of the City Code as it pertains to noise enforcement, and eliminates language that is no longer applicable. It is recommended that the amendments in the attached proposed Ordinance be approved on Second Reading. 1 I Advisory Board Recommendation: The NCAC considered the proposed amendments to the Noise Ordinance at its meeting on July 7, 201 1 and unanimously recommended the regulatory clean-up changes set forth in the revised draft Ordinance attached hereto. I I I Financial Impact Summary: Financial Information: I I City Clerk's Office Legislative Tracking: I Hilda Fernandez Sian-Offs: Account Source of Funds: OBPl 1 Total Amount NIA MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti Herrera Bower SECOND READING Members of the City C PUBLIC HEARING FROM: Jose Smith, City Attorn Jorge M. Gonzalez, Cit DATE: September 14, 201 1 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH ClTY CODE ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV ENTITLED "NOISE" BY AMENDING SECTION 46-151, ENTITLED "DEFINITIONS," BY AMENDING THE DEFINITION OF HABITUAL TO CONFORM TO THE HABITUAL OFFENDER LANGUAGE SET FORTH IN SUBSECTIONS 46-159(a)(6) and (h); BY AMENDING SECTION 46-152, ENTITLED "ADOPTION OF COUNTY CODE SECTION BY REFERENCE; UNNECESSARY AND EXCESSIVE NOISES PROHIBITED," TO ADOPT THE COUNTY'S NOISE STANDARDS IN SECTION 46-152; BY AMENDING SECTION 46-158, ENTITLED "ENFORCEMENT BY CODE INSPECTORS; NOTICE OF VIOLATION; WARNINGS; RESPONSIBILITY TO PROVIDE CURRENT ADDRESS," TO REMOVE CERTAIN LANGUAGE IN SUBSECTION (b)(2) THAT IS NO LONGER RELEVANT DUE TO THE PASSAGE OF TIME; BY AMENDING SECTION 46-159 ENTITLED "FINES AND PENALTIES FOR VIOLATION; APPEALS; ALTERNATIVE MEANS OF ENFORCEMENT" TO CONFORM THE HABITUAL OFFENDER LANGUAGE IN SUBSECTION (h) TO THE PROVISIONS IN SECTIONS 46-151 AND 46- 159(a)(6); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. At the June 1, 201 1 City Commission meeting, a proposed amended Noise Ordinance was referred by the Mayor and City Commission to the Neighborhoods/Community Affairs Committee (NCAC). The NCAC considered the proposed amendments to the Noise Ordinance at its meeting on July 7, 201 1 and unanimously recommended the regulatory clean-up changes set forth in the revised draft Ordinance attached hereto. BACKGROUND: The City has been proactively addressing the issue of excessive noise since the adoption of revisions to the City's Noise Ordinance (Chapter 46, Environment. Article IV, Noise) on March 8, 2006. In March, 2006, via Ordinance No. 2006-351 1, the City adopted by reference the County's definition of Noise, found in County Code Section 21-28 as the standard for enforcement. This standard was selected as it had been used by the City in issuing noise violations prior to that amendment date, and had been upheld through various legal challenges. Subsequent amendments in June and July, 2006 and July 2008, sought to further define and address the process of Noise enforcement. Today, the City's Noise Ordinance is by far the one quality of life issue most closely monitored and reported on. The City's Noise Ordinance provides for, among other Page 2 of 2 Noise Ordinance Amendment 9/14/11 things, the County's definition of noise; exceptions to the Noise Ordinance; a fine and penalty schedule that includes warnings and violations; and an appeal process for violations. On July, 2008, via Ordinance No. 2008-3610, the Noise Ordinance was amended to, among other things, reduce the number of written warnings available for commercial establishments, making the number consistent with those provided to residential violators (one in a 12-month period). ANALYSIS: The attached amendments adopt the County's noise standards in §21-28 of the County Code within the text of the Miami Beach City Code. As previously noted, currently, the County's standards, which were upheld in DA Mortcaane. Inc. v. City Miami Beach, et al., 486 F. 3d 1254 (Ilth Cir. 2007), are adopted in the City Code by reference to the County Code. An additional minor amendment to the City's Noise Ordinance is proposed with regard to the definition of habitual offender to conform to existing language in §§46-159(a)(6) and (h). Lastly, it is proposed to remove language in 546-158(b)(2) that is no longer relevant due to the passage of time. This particular language was included at the time of the 2008 amendment when the number of written warnings for commercial establishments was reduced to one, in order to address any commercial establishment that already had received a written warning at that time. While some other amendments had been included in the draft Ordinance presented to the NCAC, the Administration requested that the NCAC defer consideration of the listed policy amendments to the Noise Ordinance (e.g. to confirm that violations are issued after a written warning or when a violation was already issued within the preceding 12 months; whether to reduce the time after which a second violation due to non-compliance may be issued; to consider the application of criminal penalties for certain repeat offenses; to consider establishing additional fines and penalties for sixth and greater offenses in a manner more consistent with the increasing schedule of fines and penalties for other offenses; to clarify the penalties for noise violators also engaged in an illegal commercial or non- permitted nonresidential use; and to amend the period of time within which a separate notice of violation may be issued). These potential amendments will be brought back to the NCAC in the future. The Commission considered and approved the proposed amendments on First Reading at the July 13, 201 1 meeting. CHANGES FROM FIRST READING: The attached, proposed ordinance reflects some minor changes since the First Reading on July 13, 2011. These include correcting a scrivener's error on Section 46-158(b)(2) to conform the text to the title language to show the deleted, obsolete language. In addition, the word "City" has been substituted for the word "County" in Sections 46-152 (a), (d) and (j). CONCLUSION: The proposed amendments to the Noise Ordinance do not make any substantive changes to the intent or implementation of the existing Noise Ordinance. The proposed changes will further clarify the current requirements of the City Code as it pertains to noise enforcement, and eliminates language that is no longer applicable. It is recommended that the amendments in the attached proposed Ordinance be approved on Second Reading. Attachment T:\AGENDAL?OI 1\9-14-1 I\Noise Ord Amend 2ND READING 9 14 11 Memo.doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MlAMl BEACH ClTY CODE ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV ENTITLED "NOISE" BY AMENDING SECTION 46-151, ENTITLED "DEFINITIONS," BY AMENDING THE DEFINITION OF HABITUAL TO CONFORM TO THE HABITUAL OFFENDER LANGUAGE SET FORTH IN SUBSECTIONS 46-159(a)(6) and (h); BY AMENDING SECTION 46-152, ENTITLED "ADOPTION OF COUNTY CODE SECTION BY REFERENCE; UNNECESSARY AND EXCESSIVE NOISES PROHIBITED," TO ADOPT THE COUNTY'S NOISE STANDARDS IN SECTION 46-152; BY AMENDING SECTION 46-158, ENTITLED "ENFORCEMENT BY CODE INSPECTORS; NOTICE OF VIOLATION; WARNINGS; RESPONSIBILITY TO PROVIDE CURRENT ADDRESS," TO REMOVE CERTAIN LANGUAGE IN SUBSECTION (b)(2) THAT IS NO LONGER RELEVANT DUE TO THE PASSAGE OF TIME; BY AMENDING SECTION 46-159 ENTITLED "FINES AND PENALTIES FOR VIOLATION; APPEALS; ALTERNATIVE MEANS OF ENFORCEMENT" TO CONFORM THE HABITUAL OFFENDER LANGUAGE IN SUBSECTION (h) TO THE PROVISIONS IN SECTIONS 46-151 AND 46-159(a)(6); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has adopted Miami-Dade County standards for noise violations as set forth in 921 -28 of the Miami-Dade County Code; and WHEREAS, the noise standards set forth in §21-28 of the Miami-Dade County Code were held to be facially constitutional in DA Mortgage, Inc. v. Citv of Miami Beach, et al., 486 F. 3d 1254 (I I th Cir. 2007); and WHEREAS, the City of Miami Beach wishes to state the constitutional noise standards upheld in DA Mortgage within Section 46-1 52 of its City Code; and WHEREAS, other amendments and minor clarifications to the City's Noise Ordinance contained in Article IV of Chapter 46 of the City Code should be made with regard to the definition of habitual offender to conform to existing language in Sections 46-159(a)(6) and (h), and to remove certain language in Section 46-158(b)(2) that is no longer relevant due to the passage of time. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 46-151 of Article IV of Chapter 46 of the Miami Beach City Code is hereby amended as follows: CHAPTER 46 ENVIRONMENT ARTICLE IV. NOISE Sec. 46-151. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Habitual offender means a person or entity who has more than five offenses within 4-8 12 months of the first offense. SECTION 2. That Section 46-152 of Article IV of Chapter 46 of the Miami Beach City Code is hereby amended as follows: Sec. 46-1 52. - 1 Noises; unnecessarv and excessive prohibited. It shall be unlawful for anv person to make, continue, or cause to be made or continued anv unreasonablv loud, excessive, unnecessaw or unusual noise. The following acts, among others, are declared to be unreasonablv loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namelv: (l automobile, motorcvcle, bus or other vehicle on anv street or public place of the fhtmty Citv, except as a danger warninq; the creation bv means of anv such signaling device of anv unreasonablv loud or harsh sound: and the sounding of anv such device for any unnecessary and unreasonable period of time. /b) Radios, televisions, phonoaraphs, etc. The using, operating, or permitting to be plaved, used or operated anv radio receiving set, television set, musical instrument, ~honograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessarv for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntarv listeners thereto. The operation of anv such set, instrument, phonograph, machine or device between the hours of 11:OO p.m. and 7:00 a.m. in such manner as to be plainlv audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. fc) Animals, birds, etc. The owning, harboring, possessing or keeping of anv dog, animal or bird which causes frequent, habitual or long continued noise which is plainlv audible at a distance of one hundred (100) feet from the building, structure or vard in which the dog, animal or bird is located. Jd) Whistles. The blowinn of anv locomotive whistle or whistle attached to anv stationarv boiler except to aive notice of the time to beqin or stop work or as a warning of fire or danger or upon request of the proper municipal eSw&+ authorithv. . {el Exhausts. The discharge into the open air of the exhaust of anv steam engine, stationarv internal combustion engine, or motor vehicle except through a muffler or other device which will effectivelv prevent unreasonablv loud or explosive noises therefrom. If) Defect in vehicle or load. The use of anv automobile, motorcvcle, iet ski, water bike, recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such manner as to create unreasonablv loud or unnecessarv grating, grinding, rattling or other noise within a residential area. (a) Schools, courts, hospitals. The creation of anv excessive or unreasonably loud noise on anv street adiacent to anv school, institution of learning, house of worship or court while the same are in use, or adiacent to anv hospital, which unreasonablv interferes with the workinqs of such institutions, or which disturbs or undulv annovs the patients in the hospital, provided conspicuous signs are displaved in such streets indicating that it is a school, hospital or court street. Jh) Hawkers, peddlers. The shouting and cwing of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. li) Noises to attract attention. The use of anv drum, loudspeaker or other instrument or device for the purpose of attracting attention bv creation of anv unreasonablv loud or unnecessarv noise to anv performance, show, sale, displav or advertisement of merchandise. Ij) Loudspeakers, etc. The use or operation on or upon the public streets, allevs and thoroughfares anvwhere in this Geut4v Citv for any purpose of anv device known as a sound truck, loud speaker or sound amplifier or radio or anv other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon anv vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns. /k) Power tools and landscaping eauipment. The operation of noise-~roducina lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws. Dower tools and other noise-producing tools which are used to maintain or at a residence out-of-doors between 8:00 p.m. and 7:00 a.m. /I) Shouting. Anv unreasonablv loud, boisterous or raucous shouting in anv residential area. SECTION 3. That Section 46-158 of Article IV of Chapter 46 of the Miami Beach City Code is hereby amended as follows: Sec. 46-158. - Enforcement by code inspectors; notice of violation; warnings; responsibility to provide current address. (b) Warnings. (2) Written warnings. A code inspector shall first issue a written warning to immediately cease the violation prior to issuing a notice of violation unless one written warning has been issued in the 12 months preceding the date of . . violation: The written warning shall be substantially in the same form as the notice of violation as stated in subsection 46-1 58(a) above. Failure to correct the violation within 15 minutes following the issuance of a written or oral warning shall result in the issuance of a notice of violation pursuant to this article. SECTION 4. That Section 46-159 of Article IV of Chapter 46 of the Miami Beach City Code is hereby amended as follows: Sec. 46-159. - Fines and penalties for violation; appeals; alternate means of enforcement. (a) The following civil fines and penalties shall be imposed for violations of this article: (6) If the offense is the sixth or greater offense within the preceding 12 months, it shall be considered an habitual offender offense with penalties and fines imposed pursuant to subsection 46-159(h). (h) In cases of habitual offender violations or offenses, the city manager may issue an administrative complaint for suspension or revocation of a business tax receipt and certificate of use as provided in section 102-383. Upon a finding of habitual offender violations or offenses by the city manager, a business tax receipt suspension, revocation andlor fine shall be imposed. Suspensions shall be imposed with restrictions limiting the ability to provide any live or amplified sound as either a condition of the business tax receipt or as an accessory use restriction. In the event the violator is a hotel, motel, condominium, apartment or other residential property, accessory use restrictions shall be imposed in lieu of a business tax receipt revocation which results in the eviction of residents. Additionally, in the event of a revocation, as a condition of being permitted to resume operation under the business tax receipt, the city manager shall utilize the criteria set forth in section 142-1362 of this Code to impose such conditions or restrictions as deemed appropriate to assure compliance with all city codes. In determining the length of the suspension or accessory use restriction to be imposed under this subsection, the city manager shall consider the following factors: the gravity of the violations or offenses; any actions taken by the violator to correct the violations or offenses; and, any previous violations or offenses committed by the violator. No suspension or accessory use restriction imposed under this subsection shall be for a period of time of less than 30 consecutive days. In the event an habitual offender vidakx does not hold a business tax receipt or certificate of use, the special master shall impose a fine up to $5,000.00 per violation. SECTION 5. 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 6. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect the day of ,2011. PASSED and ADOPTED this day of ,2011. ATTEST: MATTI HERRERA BOWER MAYOR ROBERT PARCHER, CITY CLERK Words added are underlined. Words deleted have been l@ME I THURSDAY, AUGUST 25,2011 - -- - .- -- --.-- -- - - -- -- - CITY OF MIAMI BEACH- a lnqoir~es maybe dip?cted_to the Ciiy Manager's Office (305) 673-7010 tn To Conform The COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Amending Chapter 130, "Off Street Parking", To Expand The Boundaries Of The Existing Parking Districts; To Amend Requirements For Parking Districts Nos. 2, 3 And 4," and Amending "Fee In Lieu Of Parking Program," From The Current 3% Of The One-Time Payment To A Lesser Percentage Key Intended Outcome Supported: I Regulatory. Required by State Statutes 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 I "too little" effort is being put forth by the City in this area. I Issue: Should the City Commission change the existing boundaries of existing parking districts and change the yearly fee in lieu of providing the required parking to a lesser percentage (currently 3% of the one-time fee - tem SummarylRecommendation: Second Reading Public Hearing In certain specific cases a parking impact fee may be paid to the city in lieu of providing required parking. Rather than a traditional "impact fee", it is really a "fee-in-lieu", which means that one has the option to either provide the required parking either on-site or within a specified distance, or, pay a fee in lieu of providing that parking. The fee is set by the City based upon the estimated cost of constructing one parking space in a typical structured parking garage, and is adjusted from time to time to reflect changes in the cost of land and construction. Currently the fee is $35,000 per space, which reflects the average cost per space. Amending the boundaries of the parking districts would correct certain deficiencies in the boundaries of the parking districts in order to encompass properties that should have been included and as potential policy solutions to address the concerns of small businesses with respect to the fee-in-lieu. The annual fee is also reduced to 2% starting October 201 1, with a yearly review in May 2012 with any changes to be done by resolution. I The Administration recommends that the City Commission adopt the proposed amended ordinance. I - I OBPl I I Total I Advisory Board Recommendation: At its April 26, 201 1 meeting, the Planning Board, by a vote of 6-0 (one member absent), recommended that the City Commission adopt the proposed ordinance. The Board also requested three other possible amendments for the City Commission to refer after having discussed them. Financial Information: I I I Financial Impact Summary: Charter section 5.02, requires consideration of the long-term economic impact (at least 5 years) of proposed legislative actions. Amending the boundaries of Parking Districts #3 and #4 will eliminate approximately seven (7) accounts, totaling approximately $44,000 in current annual billing, or $220,000 over 5 years. Reducing the annual fee from 3% to 2% of the one-time fee for the remaining accounts will reduce the annual billing by one-third, or a reduction of approximately $200,000 to $250,000 per year, or Sign-Offs: Department Director eistant CiManager City Manager , I Account Source of Funds: i-----l MIAMI BEACH I 2 Amount MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibea~hfl.~ov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 % Second Readinn Public Hearing SUBJECT: Parking district boundaries and Fees-in-Lieu of Parking 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 CITY OF MIAMI BEACH, BY - AMENDING CHAPTER 130, "OFF STREET PARKING", ARTICLE II, "DISTRICT REQUIREMENTS", BY AMENDING SECTION 130-31, "PARKING DISTRICTS ESTABLISHED", TO EXPAND THE BOUNDARIES OF THE EXISTING PARKING DISTRICTS; BY AMENDING SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2,3 AND 4," TO AMEND REGULATIONS PERTAINING TO PARKING DISTRICTS 2,3, AND 4; AND BY AMENDING ARTICLE V, "FEE IN LlEU OF PARKING PROGRAM," SECTION 130-132, "FEE CALCULATION", TO REDUCE THE YEARLY FEE IN LlEU OF PARKING FROM THE CURRENT THREE PERCENT OF THE ONE-TIME PAYMENT TO A LESSER PERCENTAGE; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUD A discussion regarding the City's most recent billing of Parking Impact Fees, and the possibility of a moratorium due to present economic market conditions, was held by the City Commission on September 15, 2010, at the request of Commissioner Wolfson. After briefly discussing the matter, the issue was referred to the Finance and Citywide Projects Committee. The Commission also expressed their desire for the City to hold off on sending collection letters until the item is discussed at committee. At the December 16, 2010 Finance and Citywide Projects Committee meeting, the Committee discussed various staff recommendations, and requested staff return with analysis on how other cities handle parking requirements, and recommendations on how to reduce the parking requirement by providing valet service. The Committee approved and referred the following initiatives directly to the Planning Board: City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14, 201 I Page 2 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% The Planning Board began discussing these matters at its March 22, 201 1 meeting but requested that staff further refine the applicable proposals and return to the Board in April. During a discussion at the Finance and Citywide Projects Committee meeting of March 24, 2011, regarding recent billing of fees in-lieu of parking and the possibility of a moratorium due to present economic market conditions and the effect on business in North Beach, the Committee recommended bifurcating the following two initiatives to go forward to the Planning Board: modifications to the map for parking districts; reducing the percentage for the yearly fee from 3% to 2% The Committee requested that staff provide additional analysis of the available parking that existing hotels currently have, and an estimate of the usage of such hotel parking, prior to bringing the item allowing a yearly fee to be paid for new construction to the Planning Board. ANALYSIS In certain specific cases a parking impact fee may be paid to the city in lieu of providing required parking. Rather than a iraditional "impact fee", it is really a '"fee-in-lieu", which means that one has the option to either provide the required parking either on-site or within a specified distance, or, pay a fee in lieu of providing that parking. The fee is set by the City based upon the estimated cost of constructing one parking space in a typical structured parking garage, and is adjusted from time to time to reflect changes in the cost of land and construction. In 2006, the City increased the fee to $35,000 per space, which was estimated to be the amount it would cost the City to construct one space; subsequent analysis of the parking garage projects reviewed by the City has proven that amount to be justified, as the costs reflect an average cost per space very close to this figure. The rationale for the fee-in-lieu is that where a developer cannot provide parking on site, and is unable to obtain off-site parking to satisfy the parking requirements, the funds generated by these fees can be used by the City to provide public parking garages. The City is divided into three districts, north, middle and south, and funds generated are segregated into three accounts according to the district they are in. In South Beach, the City has used these fees to help fund the Municipal Multipurpose Center garage at 17'~ Street and Meridian Avenue. The Sunset Harbour garage, which is located in the Mid-Beach parking impact fee district, is funded partially with these fees. The proposed garage on 23rd Street is also located in the Mid-Beach account area. There are funds in the account for North Beach which are expected to help fund the future North Beach Town Center garage. New construction of buildings must pay a one-time fee-in-lieu at the time of building permit approval. However, for the intensification of an existing building from a less intense use such as office or retail to a more intensive use such as restaurant, which City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14,201 I Page 3 requires additional parking, a yearly fee payment option is offered, which is currently 3% of the one-time fee, payable per year. The full fee is currently $35,000, and thus the yearly fee would be $1,050 per year. Intensification of existing buildings in our historic districts does not trigger any parking requirements, so within historic districts there are very few yearly fee accounts. The majority of yearly accounts are located in areas that are not in historic district, and are not in areas of the City which have special parking reductions or parking districts. (Lincoln Road, 41St Street, and 71St Street are "parking districtsJ' which have no parking requirements for retail or restaurant uses.) The attached graphic shows that there are concentrations of yearly fee accounts along Alton Road, in Sunset Harbour, in South Pointe, and in North Beach either along Collins Avenue south of 71St Street or clustered around the Normandy fountain. These concentrations are in areas that are neither considered "parking districtsJ' nor are designated as local historic districts. As such, the intensification of uses within the existing buildings in these areas have required the payment of the yearly fees, when adequate parking was not available on-site to accommodate the increased parking requirements. Amendina the mar, for parkinq districts The Planning Department has been looking at various potential policy solutions to address the concerns of small businesses with respect to the fee-in-lieu. For example, in one case brought to the Department's attention, a business that was on Alton Road at 41St Street was required to pay the fee-in-lieu several years ago when they created a restaurant and later added more seats in what was once a real estate office. While parking is normally required for this type of intensification, all properties fronting on 4lSt Street are part of "parking district #3 and as such, have no parking requirements for retail or restaurants. However, this property, since it was on the curved portion of Alton Road just adjacent to the south from 41'' Street, wasn't technically included in the parking district. Staff suggests that the definition of this parking district could be easily amended to include properties zoned CD-3 commercial high-intensity, located within one block of 41'' Street, and thereby include the five or six lots that are left out of the parking district as currently defined. This would be very logical from a planning standpoint and would not have a significant impact on the 41'' Street area. Similar changes could be contemplated in the North Beach area, where 71'' Street is a parking district, but the areas around Normandy Fountain or south of 71st Street are not. The concept of the parking district is linked to the presence of adequate public parking, and as a public parking garage project is contemplated, the extension of the parking district could also be explored. (The North Beach Town Center plan includes a modest increase of the parking district #4). The proposed ordinance would extend the parking district south along Collins Avenue and north to 75th Street (mostly already a historic district). The following modifications are suggested to the definitions of Parking Districts 3 and 4: Parking district No. 3, Parking district No. 3 includes those properties in the CD-3 Commercial. Hiah lntensitv zoning district within one block north or south of a-lMh+m Arthur Godfrey Road, from the east side of Alton Road to west side of Indian Creek Waterway. Parking district No. 4. Parking district No. 4 includes those properties within the CD-2 City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14, 2011 Page 4 and CD-3 commercial districts with a lot line on 71st Street, or between 67th Street and 72" 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, and those ~ro~erties in the CD-2 and MXE districts between 73 street and 75 Street. Note also that an ordinance creating parking district #5 along the Alton Road corridor between 5th Street and the Collins Canal is currently being contemplated as part of the package of ordinances addressing the buffer zone between the commercial corridor and the Flamingo Park historic neighborhood. This ordinance should eliminate several of the yearly fee accounts along the corridor (although it should be noted that the entire Alton Road zoning change initiative has remained on hold for several months as it undergoes review by the Land Use and Development Committee). Finally, the Commission has directed staff to explore revisions to the parking requirements to the Sunset Harbour neighborhood, once the City's new parking garage project is open and operating in that neighborhood (this is expected to be no sooner than 18 months from the present). Staff believes that this proposed change to the boundaries of Parking Districts #3 and #4 is sound planning, and should not have a disproportionate impact on parking in the City or the City's fiscal balance. Lowering the percentage paid per year For the intensification of an existing building from a less intense use such as office or retail to a more intensive use such as restaurant, which requires additional parking, a yearly fee payment option is offered, which is 3% of the one-time fee, payable per year. The yearly fee is also an option for outdoor cafes associated with an indoor restaurant use. Currently the full fee is $35,000, and thus, the yearly is $1,050 per year. Planning Department staff has continued to explore the issue of the full fee and has examined construction and land acquisition costs for recent City parking garage projects (New World Symphony, Sunset Harbour, 5th & Alton, 23rd Street). Based on this data staff believes that the $35,000 figure remains valid as representative of the City's total average cost for land acquisition and construction of one parking space, which is how the fee is determined as required by Code. However, for yearly accounts, the 3% of the full fee per year is an arbitrary figure which has been revised on previous occasions. To address the impacts of a short-term economic downturn, the City could consider an amendment to this portion of the Code which reduces the percentage for the yearly fee from 3% to a lower number. The table below indicates what the yearly fee would be reduced to at various percentage levels. Full fee Percentage Yearly fee $35,000 3% (current) $1,050 $35,000 2.5% $875 $35,000 2% $700 $35,000 1.5% $525 Staff believes that temporarily adjusting the annual percentage rate to 2% during economic downturns is a preferable way to address such concerns, without causing undue impact to the traffic and parking conditions in the City. The full fee would continue to serve as a reference for the actual cost of building and providing parking for new City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14, 201 I Page 5 construction projects, acting as an incentive to consider actually providing the required parking on site or within the close vicinity of the actual project. PLANNING BOARD At its April 26, 201 1 meeting, the Planning Board, by a vote of 6-0 (one member absent), recommended that the City Commission adopt the proposed ordinance amending the parking district boundaries and reducing the yearly fee-in lieu to 2%. The Board also made a request to the City Commission for three other possible amendments, after discussing these issues during the meeting. These are: 1. Expanding the tv~e of exemptions with the parking districts to include targeted or strategic industries or businesses the City wishes to attract. Hotels might be included in some of the parking districts, for example. Certain types of office uses, especially those connected with the arts, culture and tourism may also be considered for inclusion in the parking districts, thus encouraging expansion of these key areas. A limit on the amount of parking that can be satisfied by paying a fee in-lieu of providing the required parking either on site or within a specified distance should be considered. While the fee in-lieu of parking provision is useful in areas where area to provide parking is very constrained, such as on sites in local historic districts which already contain existing historic buildings, the use of the fee in-lieu to satisfy large amounts of required parking appears to be contrary to the initial rationale for such a program. The City Commission may wish to consider whether there should be a maximum cap on the use of the fee in-lieu, either in absolute terms as a maximum number of spaces that can be paid for, or in percentage terms, permitting only a maximum percentage of required parking to be satisfied by paying the fee. For example, a proposal that permitted up to twenty spaces to be satisfied by paying the fee, and permitting only fifty percent of the required spaces over the maximum of twenty to be satisfied by paying the fee, would permit smaller projects to go forward without parking when absolutely necessary, but would ensure that larger projects provided at least some of the required parking on site or within a specified distance. 3. The distance from a subiect site that required parking can be provided off site is currently 500 feet, and 1200 feet for historic districts. The City Commission may wish to consider expanding these distances, to for example, 750 feet and 1500 feet for historic districts. This may encourage a greater number of spaces to be provided, by expanding the available sites on which parking may be located. 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 may be a measurable impact on the City's budget by enactment of the ordinance, amending the boundaries of Parking Districts #3 and #4, and reducing the yearly fee in lieu from 3% of the full fee ($35,000) or $1050, to the recommended 2% or $700. City Commission Memorandum Parking district boundaries and fees in lieu of parking September 14, 201 I Page 6 Amending the boundaries of Parking Districts 3 and 4 Amending the boundaries of Parking Districts 3 and 4 will eliminate approximately seven (7) accounts, totaling approximately $44,000 in current annual billing, or approximately 5 percent of the total. A five year fiscal impact would be approximately $220,000. Reducing the annual fee from 3% to 2% Reducing the annual fee from 3% to 2% of the one-time fee for the remaining accounts will reduce the annual billing by one-third, or approximately $200,000 to $250,000 per year. A five year fiscal impact would be approximately $800,000 to $1,000,000. After performing the above fiscal impact analysis, staff expressed a concern at the long term reduction of this program from fees in-lieu of parking. These funds have been used in the past to help defray the cost of constructing parking facilities, and recently the City Commission expanded the type of projects which would qualify under this program. At the June I, 201 1 meeting, during discussion of the proposed ordinance, the City Commission also expressed the concern of introducing a permanent reduction to the fee-in lieu and suggested that a sunset provision be included in the ordinance and that it - be reviewed yearly, in May 2012, to see if the percentage should be extended in the budget cycle. The Commission voted to amend the proposed ordinance by requesting that implementation be prospectively starting October 201 1, with an annual review to be conducted in May 2012 and changes, if any, would be done by resolution. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance, as amended, on second reading public hearing. Pursuant to Chapter 118-164, when a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time and place of the meeting; the title or titles of proposed ordinances; and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Immediately following the public hearing at the second reading, the city commission may adopt the ordinance. An affirmative vote of five-sevenths of all members of the city commission shall be necessary in order to enact any amendment to these land development regulations. JMGNGGIRGUML T:\AGENDA\2011\9-14-11\2001 - parking dist boundaries & fee-in lieu memo 9-14-201 1.docx Parking District Boundaries and Fee-in-Lieu of Parking ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF MlAMl BEACH, BY AMENDING CHAPTER 130, "OFF STREET PARKING", ARTICLE II, "DISTRICT REQUIREMENTS", BY AMENDING SECTION 130-31, "PARKING DISTRICTS ESTABLISHED", TO EXPAND THE BOUNDARIES OF THE EXISTING PARKING DISTRICTS; BY AMENDING SECTION 130-33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," TO AMEND REGULATIONS PERTAINING TO PARKING DISTRICTS 2, 3, AND 4; AND BY AMENDING ARTICLE V, "FEE IN LlEU OF PARKING PROGRAM," SECTION 130-132, "FEE CALCULATION", REDUCING THE YEARLY FEE IN LlEU OF PARKING FROM THE CURRENT THREE PERCENT OF THE ONE-TIME PAYMENT TO A LESSER PERCENTAGE; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has been examining the Fee in-Lieu-of Parking program and its effect on the City's businesses during present economic market conditions; and, WHEREAS, as part of this discussion, the Finance and Citywide Projects Committee referred several initiatives to the Planning Board; and, WHEREAS, the initiatives include allowing a yearly fee to be paid for new construction, consider modifications to the map for parking districts, and reducing the percentage for the yearly fee from 3% to 2%; and, WHEREAS, the Finance and Citywide Projects Committee recommended to bifurcate the initiative to modify the map for parking districts and to reduce the percentage for the yearly fee from 3% to 2% in order to address the impacts of the current economic downturn; and WHEREAS, the Planning Board recommended the modification of the parking districts map and the reduction of the yearly fee from 3% to 2%; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA. SECTION 1. That Chapter 130, "Off Street Parking", Article 11, "District Requirements", Section 130-31, "Parking Districts Established" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 130-31. - Parking districts established. (a) For the purposes of establishing off-street parking requirements, the city shall be divided into four parking districts. (1) Parking district no. I. Parking district No. 1 is that area not included in parking districts Nos. 2, 3 and 4. (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 in the CD- 3 Commercial, High Intensity zoning district within one block north or south of 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 y CD-2 and CD-3 commercial districts with a lot line on 71st Street, or between 67th Street and 72nd 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, and those properties in the CD-2 and MXE districts between 73 street and 75 Street. SECTION 2. That Chapter 130, "Off Street Parking", Article V, "Fee in Lieu of Parking Program", Section 130-132, "Fee Calculation" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: ARTICLE V. - FEE IN LIEU OF PARKING PROGRAM Sec. 130-1 32. - Fee calculation. (a) New construction. The fee in lieu of providing parking for new construction shall be satisfied by a one-time payment at the time of issuance of a building permit of $35,000.00 per parking space. The amount of such fee may be changed in accordance with subsection (d) of this section. (b) Existing structures and outdoor cafes. When alteration or rehabilitation of a structure results in an increased parking requirement, or an outdoor cafe is created or expanded, the fee in lieu of providing parking shall be satisfied by one of the following: (1) A one time payment as set forth in subsection (a) of this section. (2) A yearly payment in the amount of lkFee twopercent of the payment required by subsection (a) of this section which shall continue as long as the use exists. (The amount of such payment may vary from year to year in accordance with the determination set forth in subsection (d) of this section). However, in lieu of continued yearly payments, a one-time redemption payment may be made at any time of the full amount due pursuant to subsection (a) of this section minus the amount of monev alreadv paid through vearlv pavments; such amount shall be based upon the latest determination made pursuant to subsection (d) of this section as of the time of the redemption payment rather than upon the amount which would have been due if the fee had been paid at the time of issuance of the building permit regs However, when new floor area is added to the existing building, the impact fee shall be as set forth in subsection (a) of this section. (c) Removal of existing parking spaces in a historic district. Whenever an existing required parking space is removed or eliminated for any building that existed prior to October 1, 1993, which are located within the architectural district, a contributing building within a local historic district, or any individually designated historic building, a fee in lieu of providing parking shall be required if a replacement parking space is not provided on-site or within 500 feet of the site or within 1,200 feet of the site if in the architectural district. Such fee shall be satisfied as set forth in subsection (b), above. In no case shall the removal of parking spaces result in less than one parking space per residential unit or 50 percent of the required parking for commercial uses. This subsection shall not prohibit the removal of grade level parking spaces located within the front, side street or interior side yards of a lot which has a designated contributing building within a designated - - historic district, should those parking spaces be nonconforming. This subsection shall not prohibit the removal of grade level parking spaces located within the front yard or side yard facing a street of a lot which has a noncontributing building within a designated historic district, should those parking spaces be nonconforming. Any request for the removal of parking spaces under this subsection shall only be approved with the applicant's consent. The parking department shall advise the planning department and the joint design reviewlhistoric preservation board of the impact of the removal of any parking spaces. (d) Annual evaluation. The amount determined to be the city's total average cost for land acquisition and construction of one parking space shall be evaluated yearly each May by the planning mc! zmkg director based upon the Consumer Price Index (CPI). If determined twwsafyappropriate, the Citv Commission mav amend the fee structure §MI -iiiti~n- r 119 Sec. 130-1 33. - Fee collection. (a) New construction; 1. One time payment. For new construction the fee in lieu of providing parking shall be paid in full at the time of application for the building permit. Such fee shall be refunded if construction does not commence prior to expiration of the building permit. 2. Yearly Fee. For those which elect a yearly payment plan, the first fee-in-lieu payment shall be paid prior to the issuance of a building permit and shall be applied at the time the certificate of use is issued. If no building permit is needed, the first payment shall be due at the time the occupational license or certificate of use, whichever is earlier, is issued. The second payment shall be due June 1 following the issuance of the occupational license or certificate of use, whichever is earlier, and the amount due shall be prorated. Subsequent annual payments shall be paid in full by June 1 as long as the use exists, the amount of the payment is set forth in subsection 1 30-1 32(b)(2). Existing structures. For existing structures and those which elect a yearly payment plan, the first fee-in-lieu payment shall be paid prior to the issuance of a building permit and shall be applied at the time the certificate of use is issued. If no building permit is needed, the first payment shall be due at the time the occupational license or certificate of use, whichever is earlier, is issued. The second payment shall be due June 1 following the issuance of the occupational license or certificate of use, whichever is earlier, and the amount due shall be prorated. Subsequent annual payments shall be paid in full by June 1 as long as the use exists, the amount of the payment is set forth in subsection 130-1 32(b)(2). (c) Existing structures; one time redemption payment. For existing structures a one time redemption payment may be made at any time and shall be in the amount determined by application of the formula for one time payment as set forth in subsection 130-1 32(b)(2). (d) Late payments. For late payments monthly interest shall accrue on unpaid funds due to the city under the fee-in-lieu program at the maximum rate permitted by law. Additionally, a fee in the amount of two percent of the total due shall be imposed monthly to cover the city's costs in administering collection procedures. /. (e) Failure to pay. Any participant in the fee-in-lieu program who has failed to pay the required fee within three months of the date on which it is due shall be regarded as having withdrawn from the program and shall be required to provide all parking spaces required by these land development regulations or cease the use for which such spaces were required. Failure to comply shall subject such participant to enforcement procedures by the city and may result in fines of up to $250.00 per day and liens as provided by law. SECTION 3. 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 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. 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 FORM & LANGUAGE First Reading: ,201 1 Second Reading: ,201 1 Verified by: Richard Lorber, AlCP Acting Planning Director Underscore 09/06/2011 denotes new language t:\agenda\2011\9-14-11\2001 - parking dist boundaries & fee-in lieu ord.doc .WE I THURSD .* . . .... - .......... .. ..,.. .. - .:-- 7 - f Pracesslrnplemented On,Febmary 1,2010: InqorEs maybe d~rectegto the City Manager's Off~ce (305) 673-7010 -.. : - THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: Ordinances of the Mayor and City Commission of the City of Miami Beach, Florida, amending the Future Land Use Map of the Comprehensive Plan by changing the Future Land Use Category for the Parcel known as the "South Shore Hospital," from the current PF-HD, "Public Facility Hospital," to the Future Land Use Category of CD-2, "Commercial, Medium Intensity;" and to change the Zoning Map from HD "Hospital District," to CD-2 "Commercial, Medium Intensity." Key Intended Outcome Supported: I Regulatory and Neighborhood satisfaction I Supporting Data (Surveys, Environmental Scan, etc Regulatory - required by Florida Statutes Issue: Should the City Commission adopt the ordinances amending the Future Land Use Map of the City's Comprehensive Plan for the South Shore Hospital from PF-RHO to CD-2; and the Zoning Map from HD to Item SummarylRecommendation: SECOND READING PUBLIC HEARINGS The applicant, South Beach Heights I, LLC, wants to amend the Future Land Use and Zoning Maps for the South Shore Hospital so that commercial, retail, offices and residential uses may be permitted on the property. The subject site was a functioning hospital since 1967, but in the past several years, the viability has declined, and it is no longer accredited by the State. The 1 O-story office tower adjacent to the hospital building functioned as medical facilities and offices, but was heavily damaged by a hurricane several years ago and remains in need of physical repair. Several attempts have been made to revive the hospital use, and also to place a nursing home facility in the office tower, but to date, none of these proposals have progressed further. The applicant is proposing to change the Future Land Use Category of the "South Shore Hospital," site from the current PF-HD, "Public Facilities Hospital," to the Future Land Use Category CD-2, "Commercial, Medium Intensity," and the Zoning Map from HD to CD-2 which permits a mix of uses including residential, with a maximum Floor Area Ratio of 2.0. The Administration recommends that the City Commission adopt the proposed for each of the above and direct the Administration to transmit all applicable documents to the Department of Community Affairs (DCA) and other required reviewing agencies. However, at this time the City Commission would have the option to continue the request to change the Future Land Use and Zoning Maps and require that a concept plan be provided for the redevelopment of the site, as has usually been requested in the past for this type Advisory Board Recommendation: I At the June 22.2010 meeting, the Planning Board recommended that the City Commission approve both I I proposed changes -to the ~iture Land use and the Zoning Maps by a vote of 6-0 (one member absent). I Financial Information: I I I Financial Impact Summary: 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 it appears that there may not be any potential measurable impact on the City's budget as a result of the approval of the proposed ordinance. In fact, when the site - I OBPl I is redeveloped, revenues to the City may increase. I City Clerk's Office Legislative Tracking: I Richard Lorber or Mercy Lamazares Account I I Total I @ MIAMIBEACH ,,, Amount Source of Funds: l-----l AGEU DA ITEM RE DATE 9-IY-11 1 2 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the Cit Commission /Y FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 Second Reading Public Hearing SUBJECT: South Shore Hospital - change of the Future Land Use Map and Zoning Map AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP - OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL ' DESCRIPTION BELOW, FROM THE CURRENT PF-RHO, "PUBLIC FACILITY (RELIGIOUS, HOSPITAL, OTHER)," TO THE FUTURE LAND USE CATEGORY OF CD-2, "COMMERCIAL, MEDIUM INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE ClTY OF MlAMl BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING CLASSlFlCATlON HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONING CLASSIFICATION CD-2, "COMMMERCIAL, MEDIUM INTENSITY," PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinances for each of the above and direct the Administration to transmit all applicable documents to the Department of Community Affairs (DCA) and other required reviewing agencies. BACKGROUND At the time of submitting the application for a Future Land Use Map and Zoning Map change for the subject site, the applicant believed that because the land area of the site City Commission Memorandum File 1887 and 1888 - FLUM and Zoning change for the South Shore Hospital site September 14, 201 1 Page 2 is small (2.415 acres) and a voluntary restrictive covenant to run with the land restricting to 10 units per acre the amount of residential units could be built on the site, this would be considered a "small scale" amendment. However, the 2010 Florida Statutes defined this type of amendment as a "standard amendment," because of the density that would be permitted under the proposed land use category; therefore, it would have to follow the process for this type of amendment (twice a year cycle, two public hearings, etc.). Following the requirements of the Florida Statutes, the City Commission held a First Reading Public Hearing last year, on September 15, 201 0, and approved the transmittal of the Comprehensive Plan amendment to the Florida Department of Community Affairs (DCA). An Objection, Recommendation and Comment Report (ORC) was received by the City on November 24, 2010. The objection stated that the amendment would permit residential use, and: "The application does not indicate whether the site is within the Coastal High Hazard Area (CHHA). However, the Hurricane Storm Tide Atlas for Miami Dade County dated August 2001 indicates that the site is fully within the category 1 storm tide zone." It goes on to state that the application does not demonstrate that the evacuation standard for the area will be maintained or reduced. In further correspondence, DCA informed the City that the 2010 CHHA maps for Miami-Dade County were scheduled to be released by December 2010 and it was possible that the new, more detailed 2010 CHHA maps might provide a different delineation of the CHHA that would cause the Objection to no longer be pertinent. A copy of the new CHHA map was provided and indeed it showed that the area encompassed by the South Shore Site was not in the CHHA Category 1 Storm Surge area, which would have necessitated evacuation for this category of hurricane. A second reading and adoption public hearing would have been scheduled at the same time as the City's EAR-based Comprehensive Plan amendments; however, the applicant was not ready to go forward and the second public hearing did not take place. During the 201 1 Florida Legislative session, the Laws of Florida were amended. One of the major changes included a major revision to the Growth Management laws - The community Planning Act - wherein "small scale" amendments are not restricted by density, but only by land area (less than 10 acres - Section 163-3187 (1) (a). A second reading public is now scheduled to finalize the proposed change from a PF- Hospital category in the Future Land Use Map to CD-2, Commercial Medium Intensity category, as a small scale amendment for a land area of 2.415 acres, and the Zoning Map change from HD, Hospital District to CD-2, Commercial Medium Intensity district. The CD-2 category is primarily a commercial category that also permits other uses such as residential uses. The allowable residential density for a property within the CD-2 district is a maximum of 100 dwelling units per acre. ZONING 1 SITE DATA Legal Description: FLEETWOOD SUB PB 28-34 LOTS 1 THRU 4 LESS ST & LOTS 5 THRU 7 & LOTS 27 THRU 32 BLK 2 & PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC. LOT SIZE 101200 SQ FT City Commission Memorandum File 1887 and 1888 - FLUM and Zoning change for the South Shore Hospital site September 14, 201 1 Page 3 Site Area: 105,198 sq. ft. (2.41 5 acres) Existing Zoning Designation: HD, Hospital District Proposed Zoning Designation: CD-2 Commercial, Medium Intensity zoning district Existing FLUM Category: PF-HD, Public Facility Hospital Proposed FLUM Category: CD-2 Commercial, Medium Intensity Existing FAR: Proposed FAR: 3.0 (for PF-HD category according to the City's Comprehensive Plan) 1.5 for commercial uses only in CD-2; mixed use, including residential uses 2.0 Existing Land Uses: The property currently contains a 10-story office building, a 3 story hospital building, a parking garage structure, and surface parking lot. The hospital and office uses are not currently operating. ANALYSIS The applicant, South Beach Heights I, LLC (SBH), is requesting to amend the Future Land Use Map (FLUM) of the Comprehensive Plan of the City of Miami Beach, Florida, by changing the Future Land Use Category for the Parcel known as the "South Shore Hospital," more particularly described below from the current PF-HD, "Public Facilities Hospital" to the proposed Future Land Use Category CD-2, "Commercial, Medium Intensity." SBH is also requesting to amend the Official Zoning District Map of the Code of the City of Miami Beach, Florida, by changing the Zoning District Classification from the current HD, "Hospital District," to the proposed Zoning Classification CD-2, "Commercial, Medium Intensity." City Commission Memorandum File 1887 and 1888 - FLUM and Zoning change for the South Shore Hospital site September 14, 201 I Page 4 Although these two separate requests can be heard together at a public hearing, it is necessary to have separate motions for each request. History of the Site The subject site is the former South Shore Hospital, which was a functioning hospital since 1967. However, in the past several years, the viability of the hospital declined, and the State of Florida accreditation has been suspended. The 10-story office tower adjacent to the hospital building functioned as medical facilities and offices, but was heavily damaged by a hurricane several years ago and remains in need of physical repair. Several attempts have been made to revive the hospital use, and also to place a nursing home facility in the office tower, but to date, none of these proposals have progressed further. The Applicant's Proposal Although there is no development project for the site at this time, SBH wishes to redevelop the site primarily for residential and commercial uses, which necessitates the change of the site's future land use designation from PF-HD Public Facilities Hospital and the Zoning Map district to CD-2 Commercial Medium Intensity. Planning and Zoning Issues The PF-HD Future Land Use category is consistent with that HD Hospital District zoning. The use of the site as commercial, retail, residential or general office, without the presence of a functioning hospital, would not be permitted by the zoning regulations, thus it also requires a change of zoning designation, as well as the Future Land Use Map designation, to some other land use category and zoning designation that would allow the desired uses as permitted uses. The PF-HD Public Facilities Hospital category does not allow residential uses. However, while the requested new CD-2 category is primarily a commercial category, residential uses are also permitted. In fact, the allowable residential density for property within the CD-2 district is a maximum of 100 dwelling units per acre. The current request does not propose a development plan for the property, but only a change of land use designation and zoning district. It should be noted that the applicant had proffered a covenant to restrict residential uses to a maximum of 10 units per acre in any proposed development; however the proffer is no longer part of this application. Site Issues The existing PF-HD land use designation carries with it a maximum allowable Floor Area Ratio (FAR) of 3.0, which is among the most intense land use categories within the City's Comprehensive Plan. The proposed CD-2 land use category, consistent with the adjacent CD-2 zoning district, allows only half this amount of floor area per square foot of land area, with a maximum base FAR of 1.5 and 2.0 for residential or mixed use if residential uses are incorporated in any future project. It should be noted that from the standpoint of traffic congestion, trip generation, and parking availability, the change of use from Hospital and accessory hospital uses to commercial and residential actually results in a lesser intensity of use. The trip generation rate and parking requirement for hospital is among the highest of all uses, while office, retail and residential uses are less intense as long as a large restaurant or an entertainment establishment is not one of the commercial uses proposed. The total City Commission Memorandum File 1887 and 1888 - F LUM and Zoning change for the South Shore Hospital site September 14,2011 Page 5 trip generation for the site could be expected to be reduced which is beneficial for the long-term planning of the Alton Roadmest Avenue corridor. City Charter Issues The request for changing the Zoning Map of the City, as well as the Future Land Use Map of the City's Comprehensive Plan is affected by two City Charter provisions: Sections I .03 (c) and 8.09. Charter section 1.03(c) partially states: "The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach." Charter Section 8.09 states: "When a hospital district is rezoned, such property shall be rezoned to a district or combination of districts with a floor area ratio no greater than the zoning of abutting land (sharing lot line) ..." The HD Hospital District shares property lines with two different zoning districts: RM-2, Residential Multifamily medium intensity district is north of the site facing West Avenue. The RM-2 regulations allow for a 2.0 FAR. The rezoning to CD-2 Commercial medium intensity, which has a maximum FAR of 2.0 FAR when at least 25% of the floor area in residential uses is included, would be permitted without a referendum. The base FAR for the CD-2 zoning district is 1.5 FAR when a development only includes commercial uses. Similarly, the HD Hospital District shares a lot line with a property in the CD-2 Commercial Medium Intensity on the north side of the South Shore Hospital site facing Alton Road, and therefore, the request is consistent with both Charter provisions. Comprehensive Plan Issues The total land area involved in this application is 2.415 acres. Under Chapter 163 of the Florida Statutes, land use map amendments that are less than 10 acres in size may be considered "small-scale" amendments. In accordance with the Community Planning Act of 201 1, areas of less than 10 acres are considered small scale amendments; only land area and not density are considered (Chapter 163.3187 (1) (a)). Interlocal Agreement for Public School Facility Planning The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency, which was adopted by the City of Miami Beach a few years ago. SBH submitted an application to the Miami-Dade County Public Schools for its review and concurrency determination when a covenant to build no more than 10 dwelling units per acre was proffered. A Preliminary Concurrency Analysis determined that the requested land use change would generate 2 students - one elementary and one senior high and that the elementary school serving the area has no capacity available to service the application. A new determination for Public School Concurrency must be issued by now that the covenant is no longer part of the application. It should Citv Commission Memorandum ~ile 1887 and 1888 - FLUM and Zoning change for the South Shore Hospital site September 14,201 1 Page 6 be noted, however, that a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of a final project. Summary It should also be noted that future projects that are 50,000 square feet or more shall be subject to Section 142-303 of the City Code - Conditional Use review and approval by the Planning Board - as well as review and approval by the Design Review Board. At that time, more in depth traffic and noise studies will be required to determine how the project(s) will impact the area. These amendments must be processed together, as they are interrelated to one another. The zoning change contemplated by these applications would enable the adaptive reuse of the site. PLANNING BOARD ACTION At the June 22, 2010 meeting the Planning Board recommended that the City Commission approve the proposed change to the Future Land Use Map of the City's Comprehensive Plan and Zoning Map by a vote of 6-0 (one member absent) on two separate motions. 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 it appears that there may not be any potential measurable impact on the City's budget as a result of the approval of the proposed ordinance. In fact, when the site is redeveloped, revenues to the City may increase. CONCLUSION The Administration recommends that the City Commission adopt on second reading public hearing the proposed changed to the Future Land Use Map and the Zoning Map. A concept plan accompanying the request for rezoning has been required in the past. At this time the City Commission would have the option to continue the request to change the Future Land Use and Zoning Maps and require that a concept plan be provided for the redevelopment of the site. The procedure for transmittal of a complete proposed plan amendment shall be by affirmative vote of not less than a majority of the members of the governing body present which shall constitute a quorum. In the case of a small scale amendment, notification by mail each to real property owner whose address is known by reference to the latest ad valorem tax records will be required, as well as to the owners of record of land lying within 375 feet of the land, which is to be changed. Such notice shall be given at least 30 days prior to the date set for the public hearing. This notice was mailed on August 12, 201 1. City Commission Memorandum File 1887 and 1888 - FLUM and Zoning change for the South Shore Hospital site September 14, 201 1 Page 7 The notice shall also be published in a standard size or a tabloid size newspaper; the required advertisements shall be no less than 2 columns wide by 10 inches long and the headline in the advertisement shall be in a type no smaller than 18 point and shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The {name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance). A public hearing on the ordinance will be held on {date and time) at {meetincl place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. T:\AGENDAEO11\9-14-11\1887 - FLUM & Zoning South Shore Hospital Ist&only public hearing.docx ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT PF-HD, "PUBLIC FACILITY, HOSPITAL," TO THE FUTURE LAND USE CATEGORY OF CD-2, "COMM~RCIAL, MEDIUM INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the applicant, South Beach Heights I, LLC, has made an application to the City of Miami Beach to change the Future Land Use Map category for the parcel referred to herein as "South Shore Hospital," located at 630 Alton Road (sometimes referred to as 600 Alton Road), from the current PF-HD, Public Facility Hospital, to the Future Land Use category CD-2, Commercial, Medium Intensity; and - WHEREAS, amending the Future Land Use category of the subject South Shore Hospital parcel as provided herein is necessary to ensure the development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the City of Miami Beach has determined that changing the Future Land Use category of the subject South Shore Hospital parcel as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City; and WHEREAS, the full legal description of the Affected Property is contained in Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendment to the City's Future Land Use Map designations for the property described herein is hereby approved and adopted and the staff is hereby directed to make the appropriate changes to the Future Land Use Map of the City: A parcel of land commonly known as the "South Shore Hospital," approximately 105,198 square feet (2.415 acres), deemed to be a small- scale amendment, from the current PF-HD, "Public Facility Hospital," to the Future Land Use category of CD-2, "Commercial, Medium Intensity." SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that the amendment provided for in Section I is made part of the Future Land Use Map of the City of Miami Beach Comprehensive Plan, 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 5. TRANSMITTAL. The Planning Director is hereby directed to submit this ordinance to the appropriate state, regional and county agencies as may be required by applicable law. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption pursuant to Section 163.31 87(5)(c), Florida Statutes. PASSED and ADOPTED this day of ,2011. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION First Reading: Second Reading: Verified by: Planning Director T:WGENDA\2011\9-14-1 I\HD FLUM ord- 0816201 1 .doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE ClTY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING CLASSIFICATION HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONING CLASSIFICATION CD-2, "COMMERCIAL, MEDIUM INTENSITY," PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the applicant, South Beach Heights I, LLC, has made an application to the City of Miami Beach to change the zoning classification of the parcel referred to herein as "South Shore Hospital," located at 630 Alton Road (sometimes referred to as 600 Alton Road), from HD, Hospital District, to CD-2, Commercial, Medium Intensity; and WHEREAS, amending the zoning of the subject South Shore Hospital parcel as provided herein is necessary to ensure that the development of the property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; WHEREAS, the City of Miami Beach has determined that the rezoning of the subject South Shore Hospital parcel as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City; WHEREAS, the full legal description of the Affected Property is contained in Exhibit "A attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendments to the City's zoning map designations for the properties described herein are hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the zoning map of the City: A parcel of land commonly known as the "South Shore Hospital," approximately 105,198 square feet (2.415 acres), from the current HD "Hospital District," to the proposed zoning classification CD-2, "Commercial, Medium Intensity." SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the City Commission that the Official Zoning District Map, referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida be amended in accordance with the provisions of this Ordinance. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption to correspond to the adoption date of the amendment to the Future Land Use Map of the City's Comprehensive Plan. PASSED and ADOPTED this day of ,2011. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE First Reading: Second Reading: Verified by: Planning Director T:\AGENDAPOI 1\9-14-11\HD zoning map ord - 0816201 1 .docx ,-CITY OF MlAMl BEACH NOTICE OF AMENDMENT TO THE FUTURE UND USE MAP (FLUM) OF THE CiTY OF MIAMI BEACH COMPWEHEMS1WE PLAN AND ZONING MAP CHANGES NOTICE IS HEREBY GIVEN that asecond reading and p;rblic hearing will be held by the CiCommission of the City of Miam1 Beach on WEDNESDAY, September 14,2011 at 11:00 a.m. in the City Commission Chambers. Third Floor, City Hall, located at 1700 Convention Center Drive, Miami Beach, Florida 33139 to consider. AN ORDINANCE OF THE MAYOR AND ClN COMMISSION OF THE CIN OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," FROM THE CURRENT PF-HD, "PUBLIC FAClLlN HOSPITAL," TO THE FUTURE LAND USE CATEGORY OF CD-2, "COMMERCIAL, MEDIUM INTENSIPI;" PROVIDING FOR lNCLUSlON IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE 0F.THE ClTY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," FROM THE CURRENT ZONING CLASSIFICATION HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONlNG CLASSlFlCATION CD-2, "COMMMERCIAL, MEDIUM INTENSlN," 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 Planning Department, 1700 Convention Center Drive, City Hall, Miami Beach, Florida33139. Copies of the proposed amendments are available in the Planning Department. Pursuant to Florida Stat. 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by the Planning Board with respect to any matter cons~dered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, wMch 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. In accordance with the Americans with Disabilities Act of 1990, persons 1 needing special accommodation to participate in this proceeding should contact the Board's Administrator no later than four days prior to the proceeding at (305) 673-7550 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (305) 673-721 8 or 71 1, 'for assistance. 443 f?,~ $ L63 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals' by amending Section 10-11 entitled "Running At Large Prohibited" by extending the pilot off leash program area in South Pointe Park until January I, 201 2, by adding two (2) hours in the evening from 500 - 7:00 Monday - Friday and providing for an off leash area on the Par 3 Golf Course from sunrise to 9:00 A.M. daily and from 500 to 7:00 on Monday - Friday until construction on the Par 3 golf course commences; providing for repealer, severability, codification and an effective date. Key Intended Outcome Supported: Increase satisfaction with family recreational activities Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of residents rated the City's Recreation programs as either excellent or good. Issue: Should the City Commission approve this ordinance on first reading extending dog off leash hours in South Pointe Park; and establish an off leash area on the Par 3 golf course until course construction begins? Item SummarylRecommendation: On September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 which specifically authorized dogs to be unleashed in South Pointe Park for a six month pilot program from sunrise to 9:00 a.m., or during such hours as may be specifically designated by a resolution of the City Commission after a public hearing. The off leash pilot began on June 1, 2010. A public discussion was held at the Neighborhoods/Community Affairs Committee meeting on February 3, 201 1, concerning the Dogs Off-Leash Trial Program. Following a discussion, the Committee moved to recommend extending the trial period to include the addition of two (2) hours in the evening (hours to be determined) on Monday through Friday. This action was approved and accepted by the City Commission at the March 9, 201 1, commission meeting. The Administration subsequently determined the Monday - Friday evening hours to be 5 PM - 7 PM. A request for off-leash hours at the Par 3 golf course was referred to the Land Use & Development Committee at the June 1, 201 1 Commission meeting. The use of the current Par 3 Golf Course for a dog off-leash area was discussed by the members of the Land Use Committee, residents and the Administration at their July 20, 201 1 meeting. The Land Use Committee unanimously approved the following motion: Motion to direct the staff to find an appropriate location for an off-leash dog area at the Par 3 until construction begins, on parallel terms and conditions to South Pointe Park. The Administration met with interested residents at the Par 3 Golf Course on August 18, 2011 to discuss the directions of the Land Use Committee and to identify a site. The Administration recommends the adoption of the amendment on first reading and that the second reading and required public hearing be scheduled. Advisory Board Recommendation: I NIA I I I Financial Impact Summary: I Financial Information: City Clerk's Office Legislative Tracking: I Kevin Smith, Director of Parks and Recreation 1 Account Source of Funds: OBPl I Total 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 Q 4 DATE: September 14, 201 1 c) FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED " ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED" BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK UNTIL JANUARY I, 2012 AND BY ADDING TWO (2) HOURS IN THE EVENING FROM 5:00 P.M. TO 7:00 P.M. ON MONDAY THROUGH FRIDAY; PROVIDING FOR AN OFF-LEASH AREA ON THE PAR 3 GOLF COURSE, FROM SUNRISE TO 9:00 A.M. DAILY y AND FROM 5:00 P.M. TO 7:00 P.M. ON MONDAY THROUGH FRIDAY UNTIL CONSTRUCTION COMMENCES ON THE PAR 3 GOLF COURSE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on first reading and schedule a second reading, public hearing. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. BACKGROUND In the past several years the residents of Miami Beach have increasingly requested the construction of dog parks within their neighborhoods. To date there are a total of four fenced dog parks and one unfenced off-leash area within the City's parks. These include Belle Isle, Flamingo, Pinetree, South Pointe (un-fenced) and Washington Avenue (two sites). These dog parks are heavily utilized and appreciated by our residents and their dogs. The increased number of the City's dog parks is a direct result of a number of discussions that were held in the community and more specifically at past Neighborhoods/Community Affairs Committee meetings. At these meetings, the residents requested an expansion of the existing Washington Avenue Dog Park, an unfenced off-leash area in South Pointe Park, an off-leash access to the beach at North Shore Open Space Park and a dog park in the North Beach community. ANALYSIS South Pointe Park Off-leash Hours Extension With Additional Hours On September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 Ordinance Amendment To Chapter 10 - Section 10-11 Running At Large Prohibited September 14, 201 1 City Commission Meeting Page 2 of 3 which specifically authorized dogs to be unleashed in South Pointe Park for a six month pilot program in the triangular area south and west of the Washington Avenue entry plaza from sunrise to 9:00 a.m., or during such hours as may be specifically designated by a resolution of the City Commission after a public hearing. This was subject to the County amending their Code to permit the designation of off-leash areas; this amendment was subsequently approved by the Board of County Commissioners. A discussion was held at the Neighborhoods/Community Affairs Committee meeting on February 3, 201 1, concerning the Dogs Off-Leash Trial Program previously approved by the City Commission. The South Pointe Park pilot program began on June 1, 2010 and concluded on November 30, 2010. Following a discussion of the pilot program, the Committee moved to recommend extending the trial period, to include the addition of two (2) hours in the evening (hours to be determined) on Monday through Friday only. The committee also discussed the temporary location of the off-leash area once construction of the public art began. A location on the western edge of the west lawn was approved, with the understanding that discussion of a permanent location would occur when the extended trial period expired and a determination was made to continue the program. This action was approved 2-0. This action was subsequently reported and accepted by the City Commission at the March 9, 2011, Commission meeting. / Following the public discussion held at the February 3, 2011 Neighborhoods/Community Affairs Committee meeting, and acceptance of the report by the City Commission at the March 9, 201 1 meeting, the Administration determined the Monday - Friday evening hours to be 5 P.M. - 7 P.M. and modified the signs in the off leash area to reflect the same. In reviewing the Off Leash Ordinance, it was determined that approval of the extension of the pilot program and additional hours through a formal resolution was required. As such, consistent with the Committee approval, it is recommended that the pilot program continue until January 1, 2012. By that time a determination of its continuation would need to be made; unless the City Commission approves the permanent designation of the off-leash area in South Pointe Park, it would sunset. Request For ADD~OV~~ Of A Location And Hours For Dogs Off-Leash At The Par 3 Golf Course The above item was referred by Commissioner Jonah Wolfson and the City Commission to the Land Use & Development Committee at their June 1, 201 1Commission meeting. As previously noted, the only unenclosed off-leash area currently available within the City of Miami Beach is at South Pointe Park. The unenclosed off-leash area is approximately 17,566 S.F. The Par 3 Golf Course is currently under redesign by McCumber Golf, Inc. The design is the result of on-going discussions and community meetings with the a number of stakeholders including, but not limited to, residents from the Bayshore Homeowners Association and neighborhood; representatives from Miami Beach Senior High School; the City of Miami Beach Golf Advisory Committee; the Parks & Recreational Facilities Advisory Board; and other interested parties. The approved plan for the Par 3 includes the re-design of the existing nine- hole Par 3 Golf Course, inclusive of new lakes, landscaping and jogging path, four (4) tennis courts, splash pad, public restrooms, a grove of flowering trees and tot lot. The potential designation of a dog off-leash area at the current Par 3 Golf Course was discussed by the members of the Land Use Committee, residents and the administration at the July 20, 201 1, Land Use Committee meeting. Points and issues discussed included, but were Ordinance Amendment To Chapter 10 - Section 10-1 I Running At Large Prohibited September 14, 201 1 City Commission Meeting Page 3 of 3 not limited, to: Is there community support for this activity? Can this activity be conducted in a safe and secure manner as not to interfere with the use and enjoyment of the golf course and other recreational amenities by the general public? What hours could the area would be open to the public for off-leash use that does not conflict with the golf course operations and other recreational amenities by the general public? (Currently the hours at the South Pointe Park unenclosed off-leash area are Sunrise - 9 A.M. daily and 5 P.M. - 7 P.M. Monday - Friday only and the hours of the City's golf courses are 7 A.M. to dark for golf patrons and the golf courses maintenance crews begin work at 6 A.M.) Based on the current city code, an amendment to Chapter 10, Section 10-11. Running at large prohibited is required to permit the Par-3 Golf Course site to be designated as an unenclosed off-leash area. The Committee discussed the preferred location for the off-leash area, and stated that the conditions for this area should mirror those approved for South Pointe Park. Following the - discussion, the members of the Land Use Committee unanimously approved the following motion: Motion to direct staff to find an appropriate location for an off-leash dog area at the Par 3 on parallel terms and conditions to South Pointe Park, until such time as construction of the Par 3 begins. Members of the Administration met with interested residents at the Par 3 Golf Course on August 18, 2011, to discuss the Land Use Committee's directions and the site that was approved. The residents present requested an alternative location that was significantly larger than South Pointe and created issues with regards to any natural boundaries for the site. Staff identified another location that will address these concerns (e.g. uses existing fence on two sides and tree line on a third to demarcate and contain the area). Please see the attached rendering of the selected location. CONCLUSION The Administration recommends the adoption of these amendments on first reading, and that the second reading and required public hearing be scheduled. JMGIHMFIKS T:WGENDA\2011\9-14-1 I\Comm. Memo Par 3 - SPP Dog Off Leash Ordinance Amendment 9-14-1 1 .doc + II. V) a; S U - a, 0 - 1 !J- i; zm + 00 2.E >O +-U 69.22 ah 7 .k!? . E - 2>c+a .EX g: g 2ZL25 Ewo L .- ..-, x 057 go2230 3"o Z-dN2.E ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CIN COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MlAMl BEACH CIN CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED" BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK UNTIL JANUARY 1, 2012 AND BY ADDING TWO (2) HOURS IN THE EVENING FROM 5:00 P.M. TO 7:00 P.M. ON MONDAY THROUGH FRIDAY; PROVIDING FOR AN OFF-LEASH AREA ON THE PAR 3 GOLF COURSE FROM SUNRISE TO 9:00 A.M. DAILY AND FROM 5:00 P.M. TO 7:00 P.M. ON MONDAY THROUGH FRIDAY UNTIL CONSTRUCTION COMMENCES ON THE PAR 3 GOLF COURSE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. / WHEREAS, pursuant to Section 5-20 of the Miami-Dade County Code, "a dog may be unrestrained and shall not be deemed at large if it is supervised by a competent person and is (i) in a park area in which dogs are specifically authorized by a municipality or by the County to be unrestrained.. ."; and WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 which specifically authorized dogs to be unleashed in South Pointe Park for a six month pilot program in the triangular area south and west of the Washington Avenue entry plaza from sunrise to 9:00 a.m., or during such hours as may be specifically designated by a resolution of the City Commission after a public hearing; and WHEREAS, the Mayor and City Commission wish to extend the pilot program in South Pointe Park until January 1, 2012, at which time the pilot program will sunset and an evaluation of its viability should be completed and a decision as to its future be made, unless the City Commission approves the permanent designation of the off leash area in South Pointe Park prior to said date; and WHEREAS, the Mayor and City Commission also wish to designate an off-leash dog area as designated by the City Manager on the Par 3 Golf Course from sunrise to 9:00 a.m. daily and from 5:00 p.m. to 7:00 p.m. on Monday through Friday, until construction commences on the golf course. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClN COMMISSION OF THE ClN OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION I. That Chapter 10, Section 10-1 1 of the Miami Beach City Code is hereby amended as follows: Sec. 10-1 1. Running at large prohibited. It shall be prohibited for the owner or person in control of any animal to permit the animal to run at large. All animals, when not on the premises of their owner or of the person in control, must be on a leash or contained in a carrier device and under the control of a competent person, except that aJ in South Pointe Park, in the triangular area south and west of the Washington Avenue entry plaza, dogs may be off-leash from sunrise to 9:00 a.m. daily and from 500 p.m. to 7:00 p.m. on Monday throuqh Friday, or during such other hours as may be specifically designated by a resolution of the city commission after a public hearing, until January 1. 2012 and b) in an area desisnated bv the citv manaser on the Par 3 Golf Course from sunrise to 9:00 a.m. dailv and from 5:00 p.m. to 7:00 p.m. on Mondav through Fridav, or durinq such other hours as may be specificallv desisnated bv a resolution of the citv commission after a public hearing, until construction commences on the golf course. Tbe 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: MATTI HERRERA BOWER MAYOR ROBERT PARCHER, CITY CLERK APPROVED AS TO FORM & LANGUAGE Underline denotes additions and denotes deletions & FOR EXECUTION F:MTTO\TURN\ORDINANCMnimals - Dog Ordiance Amendments - 201 1 (4).docx 2 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending I I Chapter 82, "Public property," To Permit Advertising On Bicycle Rental Stations As Part Of A City Bike Sharina Proaram . Key Intended Outcome Supported: I Supporting Data (Surveys, Environmental Scan, etc.): I I Issue: Should the City Commission amend the City Code to permit advertising on the Bicycle rental stations as part of the City's Bike Sharing program? ltem SummarylRecommendation: First Reading On June 1,201 1, The Mayor and Commission, via Agenda ltem No. C4Aj sponsored by Commissioner Exposito, referred a discussion item to the Finance and Citywide Projects Committee regarding advertising on Deco Bike stations, its economic impact to the City and the enhancement of the Deco Bike program. This request came about because Deco Bike, LLC assertions that they are not meeting the revenue projections on the bike basket advertising and that they are currently approximately $2 million over their proposed budget. They have stated that some of causes for the low advertising sales include the negative feedback regarding advertising on the size and shape of the medium and that businesses have stated that they would be unable to display their product on this type of medium; the downtime to change the artwork on the bikes is approximately 10 days, which is 10 days of lost sellable time. They have also stated that the production cost to change the artwork is significantly higher than what it would be to add a vinyl advertisement on to the existing surface on the station and that the station ad would generate considerably greater revenue. The Administration recommends that the City Commission continue the First Reading of the proposed ordinance until after the Finance & Citywide Projects Committee has held the discussion requested by the City Commission to determine financial need to ensure that the program is successful or what alternatives may be available if advertising is not an option. Advisory Board Recommendation: At the July 13,201 I meeting, the City Commission referred this item to the Finance and Citywide Projects Committee to determine financial need to ensure that the program is successful or what alternatives may be available if advertising is not an option. This action is still pending Financial Information: Source of Funds: OBPl Financial Impact Summary: 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 cannot readily determine any potential measurable impact on the City's budget as a result of the approval of the proposed ordinance. City Clerk's Office Legislative Tracking: 1 Mercy Lamazares or Richard Lorber I 2 3 Total Amount 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 City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 First Reading SUBJECT: Bicycle rental station advertising AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 6, "PROHIBITED SIGNS OVER PUBLIC PROPERTY," SECTION 82-414 "PERMITTED SIGNS, SHELTERS AND ADVERTISING IN PUBLIC RIGHTS- , OF-WAY", TO PERMIT ADVERTISING ON BICYCLE RENTAL STATIONS AS PART OF A CITY BIKE SHARING PROGRAM; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission continue the First Reading of the proposed ordinance until after the Finance & Citywide Projects Committee has held the discussion requested by the City Commission to determine financial need to ensure that the program is successful or what alternatives may be available if advertising is not an option. BACKGROUND June I, 201 1: At the City Commission meeting, Commissioner Jorge R. Exposito referred a discussion item to the Finance Committee relative to a request to allow advertising on the Deco Bike Kiosks. June 23,201 1 : The Finance Committee held a discussion on this item and recommended that it be brought to the full Commission and that community outreach be done to obtain feedback regarding advertising on the stations. July 13, 201 1 : A new emergency item was added and a discussion regarding DecoBike advertisement was added. A motion was made by Commissioner Libbin to refer this item to the Finance and Citywide Projects Committee; seconded by Commissioner Weithorn, with the following issues to be discussed at Committee: City Commission Memorandum Bicycle Advertising September 14, 201 I Page 2 a) Discuss determination of financial need to ensure program is successful b) Look at alternatives if advertising is not an option c) Add as IS' Reading Ordinance in the September Commission Agenda d) Conduct regional meetings ANALYSIS On June 1,201 1, The Mayor and Commission, via Agenda Item No. C4A, sponsored by Commissioner Exposito, referred a discussion item to the Finance and Citywide Projects Committee regarding advertising on Deco Bike stations, its economic impact to the City and the enhancement of the Deco Bike program. This request came about because Deco Bike, LLC assertions that they are not meeting the revenue projections on the bike basket advertising and that they are currently approximately $2 million over their proposed budget. They have stated that some of causes for the low advertising sales include the negative feedback regarding advertising on the bicycle baskets and the size and shape of the medium and that businesses have stated that they would be unable to display their product on this type of medium; the downtime to change the artwork on the bike baskets is approximately 10 days, which is 10 days of lost sellable time. They have also stated that the production cost to change the artwork is significantly higher than what it would be to add a vinyl advertisement on to the existing surface on the station and that the station ad would generate considerably greater revenue. The City Commission requested that the Administration conduct an analysis of Deco Bike's finances to determine the fiscal health of the program. A meeting between the City's CFO and Deco Bike's Chief Operating Officer took place on August 31, 201 1. The City did not receive all the necessary material to conduct its analysis. As such, we recommend that this item on the ordinance amendment be continued until such time as this analysis is completed. The Commission also instructed the Administration to reach out to the Community and other stakeholders in order to receive input on the proposed request. Several meetings have been scheduled but have not taken place prior to the writing of this memo. The Miami Beach Visitor and Convention Authority discussed this topic at a meeting on August 22, 201 I. Several concerns were raised with the idea of placing advertisements on the Deco Bike stations and they did not express support for this idea at this time. As you know, Phase One of the Deco Bike sharing program launched on March 14, 2011, with 60 stations and 500 bicycles in South Beach and portions of Middle Beach. Phase Two will launch shortly and will provide the full complement of bike stations citywide (loo+ stations and 900 bicycles). In the program's initial 90 days of operation, it has been extremely successful with high ridership and increasing membership. The concession agreement with Deco Bike provides for revenue sharing for bicycle rentals and advertising as follows: 12% of gross revenues after the first $1,000,000. 15% of gross revenues after $3,000,000. City Commission Memorandum Bicycle Advertising September 14, 201 1 Page 3 25% of the bicycle basket (advertising) sponsorship program. The concession agreement specifically identifies the bicycle basket sponsorship program as the only advertising that is permissible. Permissible advertising shall not include firearms, alcohol, or tobacco products, or be of a sexually explicit nature. Any advertisement beyond that which is contemplated in the concession agreement would require an amendment to the concession agreement. Additionally, the only way to permit this type of proposed advertising on the kiosk would be to amend our City Code as proposed in the attached ordinance. It should be noted that the Commission, when it considered allowing the advertising on the bicycles, was made aware of our ban on general advertising. Much discussion took place on how any exemption made could lead to further requests for more advertising form other vendors or private property owners. The Commission may recall that several years ago we faced a similar issue with pay phones when a proposal to install ads on the phones was brought up by the industry. At that time, the Commission concluded that the companies where just looking to generate revenue from advertising under the guise of a public purpose. The Commission rejected the proposal citing visual pollution, the threat to our existing ordinances and the negative impact to our historic City. Recently, the Commission also rejected the idea to allow general advertising on window wraps placed on vacant store fronts. As part of that discussion, the City Attorney's Office submitted an analysis that demonstrated that these types of proposed amendments to our general advertising ban would serve to weaken our existing ordinances and may lead to challenges that could result in the City's inability to prohibit general advertising by the private sector. 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 the proposed Ordinance would have the potential to increase the revenues available to the City generated by any proposed bicycle sharing program. CONCLUSION The Administration recommends that the City Commission continue the First Reading of the proposed ordinance until after the Finance & Citywide Projects Committee has held the discussion requested by the City Commission to determine financial need to ensure that the program is successful or what alternatives may be available if advertising is not an option. T:\AGENDA\2011\9-14-1 I\Deco Bike CC memo 9-14-201 1 .doc 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 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 6, "PROHIBITED SIGNS OVER PUBLIC PROPERTY," SECTION 82-414 "PERMITTED SIGNS, SHELTERS AND ADVERTISING IN PUBLIC RIGHTS-OF-WAY", TO PERMIT ADVERTISING ON BICYCLE RENTAL STATIONS AS PART OF A CITY BIKE SHARING PROGRAM; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that it is in the best interests of the City to initiate a new bicycle rental and sharing program allowing the placement of bicycles and bike sharing facilities in the public rights-of-way of the City; and WHEREAS, the bicycles included in this program were previously permitted to .- include advertising to generate revenue to support the cost of the bicycle sharing program, and for other purposes; and WHEREAS, it has been determined that it is necessary to raise additional revenue to support this city-sponsored bicycle sharing program, and that allowing additional advertising on the kiosk of the bicycle rental station, pursuant to restrictions as established by agreement with the concessionaire, is therefore appropriate; and WHEREAS, it is necessary and appropriate to support this bicycle sharing program as an additional transportation mode in the City Code, by granting authority for advertising signs associated with public facilities in the public rights-of-way. WHEREAS, the City Commission finds that this amendment is necessary in order to accomplish the above. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA. SECTION 1. That Section 82-414, "Permitted signs, shelters and advertising in public rights-of-way," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 82-414. - Permitted signs, shelters and advertising in public rights-of-way. Notwithstanding any other prohibitions in this Code to the contrary, the city may place, or contract to place, directory signs and bus shelters in the public rights-of-way, or bicycles and bicvcle rental stations as part of a city-sponsored bicycle rental and sharing program, with advertising thereon. Such signs, shelters, & bicycles bicvcle rental stations shall be subject to all applicable permitting requirements and design reviews as provided for in the Land Development Regulations. I 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 ,201 1 MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE First Reading: Second Reading: Verified by: Richard G. Lorber, AICP, Acting Planning Director Underscore denotes new language denotes deleted language F:\ATTO\HELG\Ordinances\Signs\Bike advertising\Bicycle rental kiosk advertising ordinance Aug 4 201 I .doc RS - Ordinances R5H An Ordinance Granting To Florida Power And Light Company, Its Successors And Assigns, An Electric Franchise Imposing Provisions And Conditions Relating Thereto, Providing For Monthly Payments To The City Of Miami Beach, And Providing For An Effective Date. First Reading (Requested by the Budget Process) (Legislative Tracking: Public Works) (Item submitted in a separate "Budget Related Items" book) THIS PAGE INTENTIONALLY LEFT BLANK R5 - Ordinances R51 An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "Utilities," Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure Thereof;" Amending Division 2 Thereof, Entitled "Rates, Fees And Charges;" By Amending Appendix A, Entitled "Fee Schedule" To Increase The Sanitary Sewer Service Charges Imposed By The City Pursuant To Section 110-168 (a); Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by the Budget Process) (Legislative Tracking: Public Works) (Item submitted in a separate "Budget Related Items" book) THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Amending Chapter 142 to include min. unit size & parking requirements for affordable non-elderly housing. Key Intended Outcome Supported: I Maintain strong growth management policies. (Surveys, Environmental Scan, etc.): 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 Issue: Should the City Commission amend the developyent regulations to include minimum unilsize and parking requirements for non-elderly affordable housing. Item SummarylRecommendation: First Reading The City Code contains policies intended to facilitate development of affordable housing for low andlor moderate income elderly persons. The existing regulations reduce the parking requirements and the minimum average unit size for projects in new and rehabilitated buildings, in order to make such projects more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained specific definitions and mandatory criteria for such qualifying projects. The policy amendment being considered at this time would extend these policies to affordable housing projects certified for low andlor moderate income non-elderly persons. The same definitions and mandatory criteria would apply. The proposed minimum and average unit size suggested by staff would be 400 square feet for rehabilitated buildings and 550 square feet for new construction. The proposed parking requirement suggested is reduced from 1.5 spaces per unit to 1 for units 800 square feet or less. Any larger units would follow the current requirements. The Administration recommends that the City Commission approve the proposed ordinance on first reading; and set a second reading public hearing for the October 19, 201 1 meeting. Advisory Board Recommendation: At its May 24,201 I meeting, the Planning Board, by a vote of 6-1 recommended that the City Commission adopt the proposed ordinance. Financial Information: Financial Impact Summary: 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 it appears that there may not be any potential measurable impact on the City's budget as a result of the approval of the proposed ordinance. u I OBPl City Clerk's Ofice Legislative Tracking: I Mercy Lamazares or Richard Lorber Account Source of Funds: I I Total I I I T: I/ v- @ MIAMIBEACH ,,, WENDA ITEM KS 1 DATE 7- i v-11 I 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 C' y Commission 2 FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 First Reading SUBJECT: Minimum unit size and parking requirements for affordable housing projects (low andlor moderate income non-elderly persons). AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MlAMl BEACH, BY AMENDING CHAPTER 130 "OFF-STREET PARKING," SECTION 130-32 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. I," AND SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, AND 4," BY ADDING PARKING REQUIREMENTS FOR HOUSING FOR LOW AND/OR MODERATE INCOME NON-ELDERLY PERSONS; CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV. "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DlVlSlON 6, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS," BY INCLUDING NON-ELDERLY PERSONS IN THE REGULATIONS; AMENDING SECTION 142-1181, "PURPOSE," SECTION 142-1 182 "DEFINITIONS," SECTION 142-1 183, "UNIT SIZE," AND SECTION 142-1 184 "MANDATORY CRITERIA;" AMENDING DlVlSlON 3. "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V. "RM-3 RESIDENTIAL MULTIFAMILY, HlGH INTENSITY," DlVlSlON 4. "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," DlVlSlON 5. "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DlVlSlON 6. "CD-3 COMMERCIAL, HlGH INTENSITY DISTRICT," AND DlVlSlON 18, "PS PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES TO DlVlSlON 6, "HOUSING FOR LOW AND/OR MODERATE INCOME NON- ELDERLY AND ELDERLY PERSONS." PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed ordinance on first reading and set a second reading public hearing for the October 19, 201 1 meeting. Cify Commission Memorandum Minimum unit size and parking requirements for affordable housing projects (low and/or moderate income non-elderly persons). September 14,201 1 Page 2 BACKGROUND On December 10, 2008, the City Commission accepted the recommendations report submitted by the Affordable Housing Advisory Committee (AHAC). The recommendations of the report include examining the development regulations for affordable housing projects, including the minimum required unit size and parking requirements for such apartments. At the September 15, 2010 City Commission meeting, a development agreement between the City and the Housing Authority of the City of Miami Beach (HACMB) was approved, involving the purchase of an easement over the property located at 1231- 1251 17th Street, and an affordable elderly housing project to be developed and constructed by HACMB. As part of this program, City staff discussed the AHAC recommendations with HACMB, and has undertaken to initiate the examination of some key development regulations for affordable projects for non-elderly persons, specifically the minimum required unit size and parking requirements for such apartments. The City Code contains policies intended to facilitate development of affordable housing .- for low and/or moderate income elderly persons. The existing regulations reduce the parking requirements and the minimum average unit size for projects in new and rehabilitated buildings, in order to make such projects more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained specific definitions and mandatory criteria for such qualifying projects. At the April 21, 201 1 Land Use and Committee meeting, the Committee referred an ordinance amendment that would permit low and/or moderate income non-elderly projects to have the same requirements as those for elderly persons. The Committee also requested that the parking requirements for these projects be reduced from 1.5 to 1.0 per unit for units of 800 square feet or less. Units larger than 800 square feet should stay the same. ANALYSIS The policy amendment being considered at this time would extend these policies to affordable housing projects certified for low and/or moderate income non-elderly persons. The same definitions and mandatory criteria would apply. The proposed minimum and average unit size suggested by staff would be 400 square feet for rehabilitated buildings and 550 square feet for new construction. The proposed parking requirement suggested would be a reduction as follows: City Commission Memorandum Minimum unit size and parking requirements for affordable housing projects (low and/or moderate income non-elderly persons). September 14,2011 Page 3 As an example, an affordable housing new construction project on a 24,000 sq. ft. lot, containing a mix of units from studio apartments to 2 bedroom units would have the following parking requirements based on the existing regulations, the proposed amendment and for comparison purposes, the existing elderly housing requirements: The proposed amendment would reduce the current parking for an affordable housing project, in the example above, from 48 spaces to 38 spaces. This represents a 20% reduction. If in the example above, all of the 30 units were 800 sq. ft., the current parking requirement would be 45 spaces. The proposed ordinance would reduce this requirement to 30 parking spaces or a reduction of 33%. The following example demonstrates the effect of the second component of the proposed ordinance dealing with the minimum unit size and minimum average unit size. In this example it is assumed that the project contains only smaller type units meeting the minimum average unit size on a 150'x1501 lot and compares them in two different sized buildings located in different zoning districts. It should be noted that as the projects achieve the maximum allowable floor area as per the underlying zoning district, the gap between the number of units allowed currently and the proposed ordinance diminishes. This is due to the overall density limits of units per acre allowed under the City's Comprehensive Plan which does not make a distinction between affordable units and regular market rate units. The ordinance does allow for more units in smaller structures due to the lower minimums. Section 142-1 182, "Definitions," as well as Section 130-32 (6A) (parking district No. I), and Section 130-33 (IA) (parking districts Nos. 2, 3, and 4) would be amended as follows: Elderly Person is a person who is at least 62 years of age. o Non-Elderlv person is a person who is of legal age but less than 62 vears of age Elderly Household: a one or two person household in which the head of the household or spouse is at least 62 years of age. Net Bldg. Area available for units in sq. ft. (85%) 17,000 28,050 Zoning District RM-1 RM-2 Number of units Gross Bldg. Area in sq. ft. 20,000 33,000 Existing Min. Avg. Unit size (800sf) 2 1 35 Proposed Min. Avg. Unit size (550sf) 30 51 City Commission Memorandum Minimum unit size and parking requirements for affordable housing projects (low and/or moderate income non-elderly persons). September 14, 201 1 Page 4 Non-Elderly Household: a one or two person household in which the head of the household or spouse is of leaal aae but less than 62 vears of aJg. Low Income: Households whose incomes do not exceed 50 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Moderate Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Housing for low anal/or moderate income elderly is not: homes or institutions for the aged, which are primarily, assisted living facilities, convalescent or nursing homes. The same Mandatory Criteria in Section 142-1 184 would apply to the non-elderly and will be amended to reflect the term of non-elderly persons. These are: I. The development shall be publicly owned or nonprofit sponsored and owned, or - - developed by for-profit organizations utilizing public funds. 2. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. 3. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income elderly in accordance with this section. 4. A covenant running with the land restricting the use of the property for housing for low andlor moderate income non-elderlv and elderly for a period of no less than 30 years shall be executed by the owner of the property, approved as to form and content by the city attorney, recorded in the public records of Miami- Dade County and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable unit size regulations under this Code. 5. Should the property change from housing for low and moderate income non- elderlv and elderly during the covenant period or thereafter, the property shall comply with all applicable development regulations existing at the time of the proposed change, including but not limited to minimum and average unit sizes and parking requirements. And finally all the zoning districts that permit multifamily residential units would be amended to reference Article IV, Division 6, "Housing for Low and/or Moderate Income Non-elderly and Elderly Persons," which is the section of the City Code that contains the development regulations for this type of population. City Commission Memorandum Minimum unit size and parking requirements for affordable housing projects (low and/or moderate income non-elderly persons). September 14. 201 1 Paae 5 PLANNING BOARD At its July 26, 2011 meeting, the Planning Board, by a vote of 4-0 (Fryd, Tobin & Beloff absent) recommended that the City Commission adopt the proposed ordinance. 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 it appears that there may not be any potential measurable impact on the City's budget as a result of the approval of the proposed ordinance. CONCLUSION The Administration recommends that the City Commission approve the proposed ordinance on first reading; and set a second reading public hearing for the October 19, 201 1 meeting. When a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice shall state the date, time and place of the meeting; the title or titles of proposed ordinances; and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance. An affirmative vote of five-sevenths of all members of the City Commission shall be necessary in order to enact any amendment to these land development regulations. JMGIJGGIRGUML T:\AGENDA\2011\9-14-11\2019 - Min unit size&prkg req affordable housing memo.docx ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MlAMl BEACH, BY AMENDING CHAPTER 130 "OFFSTREET PARKING," SECTION 130-32 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33 "OFFSTREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, AND 4," BY ADDING PARKING REQUIREMENTS FOR HOUSING FOR LOW AND/OR MODERATE INCOME NON-ELDERLY PERSONS; CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV. "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 6. "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS," BY INCLUDING NON-ELDERLY PERSONS IN THE REGULATIONS; AMENDING SECTION. 142-1 181, "PURPOSE," SECTION 142-1 182 "DEFINITIONS," SECTION 142- 1183, "UNIT SIZE," AND SECTION 142-1184 "MANDATORY CRITERIA;" AMENDING DIVISION 3. "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION 11. "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV. "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V. "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 6. "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18. "PS PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES TO DIVISION 6. "HOUSING FOR LOW AND/OR MODERATE INCOME NON- ELDERLY AND ELDERLY PERSONS." PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, it is necessary to review development regulations from time to time and adapt those regulations to changing needs; and WHEREAS, there is a need to facilitate and provide for clean, secure and dignified housing for low and/or moderate income non-elderly persons; and WHEREAS, the Land Development Regulations of the City Code do not contain any references to housing regulations for low and/or moderate income non-elderly; and WHEREAS, Chapter 130 of the Land Development Regulations of the City Code contains various provisions related to off-street parking; and WHEREAS, the proposed regulations would facilitate new construction or rehabilitated housing units for low and/or moderate income housing for non-elderly persons; and WHEREAS, these proposed regulations will not affect the general health, safety and welfare of the residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA: Section 1. Section 130-32 "Off-street parking requirements for parking district no. 1 ." is hereby amended as follows: Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. I, accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows: (6A) Housing for low and/or moderate income non-elderly and elderly persons. For purposes of this regulation, the following definitions shall apply: Elderly Person shall be defined as a person who is at least 62 years of age. Non-Elderly person is a person who is of legal age but less than 62 vears of age Elderly Household: a one or two person household in which the head of the household or spouse is at least 62 years of age. Non-Elderly Household: a one or two person household in which the head of the . household or spouse is of legal age but less than 62 vears of age. Housing for the elderly: shall not be construed as homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Low Income: Households whose incomes do not exceed 50 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Moderate Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Parking requirements for housing for low and/or moderate income non-elderly and elderly persons: a. 0.5 parking space per dwelling unit for elderlv housing. b. - 1.00 parking space per dwelling unit of 800 square feet or less for non- elderlv low andlor moderate income housinq. Units laraer than 800 square feet shall meet the required parking as provided in (6) a., b. and c. as applicable. kc. For the purposes of this section only, housing for low and/or moderate income non-elderlv and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations. 6d. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. 4 e. Off-street parking, pursuant to this section, shall be permitted only after a finding by the planning director that, in view of the location of such housing and the economic status of anticipated occupants, the proposed parking will be adequate to serve proposed occupants, visitors and employees, including the proposed unit size and likelihood that the occupants will have a need for parking. e f. A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderlv and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code. The property owner may satisfy the parking requirements by actually providing the additional parking spaces or by reducing the number of residential units. However, a property owner shall not be able to satisfy the parking .. requirements by the payment of a fee in lieu of providing parking. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons in accordance with this section. - f g. After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non-elderlv and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met. Section 2. Section 130-33 "Off-street parking requirements for parking districts Nos. 2, 3 and 4" is hereby amended as follows: 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: (1A) Housing for low and/or moderate income non-elderlv and elderly persons. For purposes of this regulation, the following definitions shall apply: Elderly Person shall be defined as a person who is at least 62 years of age. Non-Elderly person is a person who is of legal age but less than 62 vears of aae Elderly Household: a one or two person household in which the head of the household or spouse is at least 62 years of age. Non-Elderlv Household: a one or two person household in which the head of the household or spouse is of legal age but less than 62 vears of aae. Housing for the elderly: shall not te be construed as homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Low Income: Households whose incomes do not exceed 50 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Moderate Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Parking requirements for housing for low and/or moderate income non-elderlv and elderly persons: a. 0.5 parking space per dwelling unit for elderlv housing. b. - 1.00 parkina space per dwelling unit of 800 square feet or less for non- elderlv low and/or moderate income housing. Units larger than 800 square feet shall meet the required parkina as provided in (6) a., b. and c. as applicable. kc. For the purposes of this section only, housing for low and/or moderate income non-elderlv and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations. sd. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. sl e. Off-street parking, pursuant to this section, shall be permitted only after a finding by the planning director that, in view of the location of such housing and the economic status of anticipated occupants, the proposed parking will be adequate to serve proposed occupants, visitors and employees, including the proposed unit size and likelihood that the occupants will have a need for parking. el. A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code. The property owner may satisfy the parking requirements by actually providing the additional parking spaces or by reducing the number of residential units. However, a property owner shall not be able to satisfy the parking requirements by the payment of a fee in lieu of providing parking. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons in accordance with this section. - ig. After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non-elderlv and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met. SECTION 3. Chapter 142, "Zoning Districts and Regulations," Article IV. "Supplementary District Regulations," Division Housing for Low And/or Moderate Income Elderly," is hereby amended as follows: Division 6. Housing for Low and/or Moderate Income Non-Elderlv and Elderly Persons. Section 142-1 181. Purpose. The purpose of this division is to create definitions and mandatory requirements for new construction or rehabilitation of housing units for low and/or moderate income elderly and non- elderlv persons in order to facilitate and provide for clean, secure and dignified housing. Section 142-1 182. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Elderly Person is a person who is at least 62 years of age. Non-Elderly person is a person who is of legal age but less than 62 vears of age Elderly Household: a one or two person household in which the head of the household or spouse is at least 62 years of age. Non-Elderly Household: a one or two person household in which the head of the household or spouse is of legal age but less than 62 vears of age. Housing for low and/or moderate income elderly is not homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Low Income: Households whose incomes do not exceed 50 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Moderate Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Section 142-1 183. Unit Size. The minimum and average unit size for new construction for low and/or moderate income non- elderlv and elderly housing meeting the mandatory criteria of Section 142-1 184 shall be 550 square feet in all multifamily and commercial districts. The minimum and average unit size for rehabilitated buildings for this type of development shall be 400 square feet in all multifamily and commercial districts. Nonconforming buildings shall comply with the regulations set forth in Section 118-395, "Destruction, Repair and/or Renovation of Nonconforming Buildings and Uses," with the exception of unit size, which shall be governed by this section. Sec. 142-1 184. Mandatory Criteria. Developments qualifying for the minimum and average unit size under this Division shall meet all of the following mandatory criteria: 1. The development shall be publicly owned or nonprofit sponsored and owned, or *: developed by for-profit organizations utilizing public funds. 2. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. 3. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons in accordance with this section. 4. A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form and content by the city attorney, recorded in the public records of Miami-Dade County and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable unit size regulations under this Code. 5. Should the property change from housing for low and moderate income non-elderly and elderly persons during the covenant period or thereafter, the property shall comply with all applicable development regulations existing at the time of the proposed change, including but not limited to minimum and average unit sizes and parking requirements. SECTION 4. Chapterl42, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision II, "RM-1 Residential Multifamily Low Intensity" is hereby amended as follows: Sec. 142-155. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-1 residential multifamily, low density district are as follows: - I SECTION 5. Chapterl42, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision IV, "RM-2 Residential Multifamily, Medium Intensity" is hereby amended as follows: Non-elderlv and Elderly low and moderate income housing: See section 142- 1183 Rehabilitated buildings400 Sec. 142-217. Area requirements. The area requirements in the RM-2 residential multifamily, medium intensity district are as follows: Non-elderlv and Elderly low and moderate income housing: See section 142- 1183 Rehabilitated buildings-550 moderate income Area fronting west of Collins Ave. 15%: 300--335 and 79 St.--75 District - 35 (except as provided in section 142- 1161) Otherwise-50 District -3 (except as provided in section 142- 1161) Otherwise-5 SECTION 6. Chapterl42, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision V, "RM-3 Residential Multifamily, High Intensity" is hereby amended as follows: Sec. 142-246. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: SECTION 7. Chapterl42, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 4, "CD-1 Commercial, Low Intensity District" is hereby amended as follows: Sec. 142-276. Development regulations. The development regulations in the CD-1 commercial, low intensity district are as follows: Non-elderlv and Elderly low and moderate income housing: See Section 142-1 183 Rehabilitated buildings--400 Hotel unit: 15%: 300--335 85%: 335+ Non-elderlv and Elderly low and moderate income housing: See Section 142-1 183 Rehabilitated buildings--550 Hotel units--N/A Architectural dist.: New construction-- 120; ground floor additions (whether attached or detached) to existing structures on oceanfront lots- -50 (except as provided in section 142-1161) Architectural dist: New construction--1 3; ground floor additions (whether attached or detached) to existing structures on oceanfront lots-- 5 (except as provided in section 142- 1161) --: SECTION 8. Chapterl42, ":Zoning Districts and Regulations," Article 11, "District Regulations," Division 5, "CD-2 Commercial, Medium lntensity District" is hereby amended as follows: Rehabilitated buildings400 Non-elderly and Elderly - low and moderate ~ncorne housing: See Section 142- 1183 Hotel unit: 15%: 300-- 335 85%: 335+ Sec. 142-306. Development regulations. Rehabilitated buildings-550 Non-elderlv - and Elderly low and moderate income housing: See Section 142- 1183 Hotel units-- NIA The development regulations in the CD-2 commercial, medium intensity district are as follows: SECTION 9. Chapterl42, ":Zoning Districts and Regulations," Article 11, "District Regulations," Division 6, "CD-3 Commercial, High lntensity District" is hereby amended as follows: Sec. 142-337. Development regulations and area requirements. (c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: 7,000 50 Construction- construction- Oceanfront lots new construction--1 3; 550 800 within the ground floor additions to architectural dist., existing structures on Rehabilitated Rehabilitated new oceanfront lots--5 buildings400 buildings- construction--1 20; 7 550 ground floor Lots fronting on 17th Non-elderly additions to Street and Elderly Non-elderly - existing structures 5 low and - and Elderly on Non-oceanfront lots moderate low and oceanfront lots-50; within the architectural income moderate 80 - Lots dist. housing: See income fronting on 17th 11 Section 142- housing: See Street; City Center Area 1183 Section 142- 50 - Non-oceanfront (bounded by Drexel 1183 lots within Ave., 16th St., Collins Hotel unit: the architectural Ave., the south property 15%: 300--335 Hotel units-- district; line of lots fronting on 85%: 335+ NIA 100-City Center the south side of Lincoln Area (bounded by Rd., Washington Ave., Drexel Ave., 16th and Lincoln Rd.), St., Collins Ave., the subject to the applicable south property line height restrictions of lots fronting on (except as provided in the south side of section 142-1 161) Lincoln Rd., Washington Rd., and Lincoln Rd.); except the height for lots fronting on Lincoln Rd. and 16th St. between Drexel and Washington are limited to 50' for the first 50' of lot depth; and except the height for lots fronting on Drexel Avenue are limited to 50' for the first 25' of lot depth (except as provided in section 142-1 161) - 7 SECTION 10. Chapterl42, ":Zoning Districts and RegulationsIJJ Article II, "District Regulations," Division 18, "PS Performance Standard District," is hereby amended as follows: Sec. 142-696. Residential Performance Standard Area Requirements. The residential performance standard area requirements are as follows: et; except that in the Ocean Beach Historic District-35 feet for the first 60 feet of lot depth, 75 Maximum number of stories Maximum floor area ratio Minimum floor area per apartment unit (square feet); except as provided in 142- 1 183 for elderly and low and moderate income non-elderly housing. Minimumaverage floor area per apartment unit (square feet); except as provided in 142- 1 183 for elderly and low and moderate income non-elderly housing. 5 Lots 50 feet wide or less--4 1.25 New construction- 700; Rehabilitated buildings--400 New construction - 900; Rehabilitated buildings--550 5 Lots 50 feet wide or less--4 1.50 New construction- 650; Rehabilitated buildings--400 New construction-- 900; Rehabilitated buildings--550 5 Lots 50 feet wide or less--4 1.75 New construction- 600; Rehabilitated buildings--400 New construction-- 850; Rehabilitated buildings--550 subject to the line-of- sight analysis of Sec. 142-697(d) Lots 50 feet wide or less--35 feet Non-oceanfront--8 Oceanfront--11 Lots 50 feet wide or less--4 In the Ocean Beach Historic District--7 2.0 New construction- 550; Rehabilitated buildings--400 New construction-- 800; Rehabilitated buildings--550 Minimum parking Pursuant to chapter 130 and section 142-705 requirement Minimum off-street Pursuant to chapter 130, article Ill. loading Signs Pursuant to chapter 138. Suites hotel Pursuant to article IV, division 3 of this chapter. SECTION I I. 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 12. 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 13 Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 14. 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: Jorge G. Gomez, AlCP Planning Director APPROVED AS TO FORM AND LANGUAGE Underscore denotes new language denotes deleted language T:\AGENDA\2011\9-14-11\2019 - ordinance re low and moderate income pkg 9-14-201 1 rev.doc 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 City in this area. Issue: I Should the City Commission adopt an Ordinance Amendment that modifies the review procedures for [ I certain types of roof materials on 'contributing' structures located in historic districts, while allowing for an I I expanded role of planning department staff in the review process? I Item Summary/Recommendation: I FIRST READING: The Administration recommends that the City Commission approve the Ordinance on I I first reading and schedule a second reading public hearing on~ctober 19, 201 I. I Advisory Board Recommendation: I On January 31,201 1, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. On February8,2011, the Historic Preservation Board reviewed the proposed ordinance and recommended approval. On April 26, 201 1, the Planning Board transmitted the subject Ordinance to the City Commission, with a favorable recommendation. On July 20, 201 1, the Land Use and Development Committee referred the Ordinance to the City Commission with a favorable recommendation. Financial Information: I Source of Funds: The subject ordinance is not expected to have any fiscal impact. I I u OBPl City Clerk's Office Legislative Tracking: [ Richard Lorber or Thomas Mooney 4 Total AM1 BEACH 481 Approved I 1 Financial Impact Summary: AGEMDk ITEM Psk DATE --wi'm- Amount 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 City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14,201 1 FIRST READING SUBJECT: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITYOF 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. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed Ordinance on first reading and set a second reading public hearing for October 19, 201 1. BACKGROUND On February 9,201 1, the City Commission adopted an Ordinance Amendment that updated the procedures for allowing materials other than tiles to be used on new roofs for single family homes constructed prior to the year 1942, as well as 'non-contributing' buildings located within local historic districts. Specifically, the subject Ordinance extended additional, appropriate latitude to the City's Planning Department for the review and approval of new roofs for pre-1942 Architecturally Significant single family homes, as well as 'non- contributing' buildings located within local historic districts. ANALYSIS As part of the approval process for the recent changes to the roofing materials section of the code, a discussion commenced concerning appropriate roofing material for certain types of additions to 'contributing' structures located within locally designated historic districts. Specifically, the proposed ordinance would allow, within all zoning districts except single family districts, metal or glass roofing systems on roof-top additions to contributing buildings. However, in addition to the approval of the historic preservation board, the metal or glass roofing system could not be visible from the adjacent street. Currently, metal or glass roof systems are not permitted on contributing buildings located within local historic districts. This change would allow for some limited flexibility in those instances where a new roof is proposed for an addition. The proposed ordinance is limited enough that it would not permit metal or glass to be used on existing structures, only 'additions' thus ensuring the historic and design integrity of contributing structures located within local historic districts. September 14,201 I Commission Memorandum Amendment to Roofing Materials Ordinance Page 2 of 2 A small change to the section of the ordinance that currently requires the same style, design and material of roofing material for the main structure and all accessory structures when located on the same property is also proposed. This would allow for the variation in material for additions and new construction, proposed as part of the ordinance. However, in order to protect and preserve the established scale, character and context of the single family districts in the City, the proposed ordinance would still require a consistency in roof materials for all properties located In single family residential districts. On January 31,201 1, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. On February 8,201 1, the Historic Preservation Board reviewed the proposed ordinance and recommended approval. PLANNING BOARD ACTION On April 26, 2011, the Planning Board transmitted the subject Ordinance to the City Commission, with a favorable recommendation, by a 6-0 vote. The Planning Board - . recommended further changes to section 142-875(a)(I), in order to allow for more flexibility in the application of new roof materials in all districts, including single family districts. The Planning Board was comfortable that through the DRB process, appropriate roofing materials would be used on new and existing homes. On July 20, 201 1, the Land Use and Development Committee reviewed the proposed Ordinance, as amended by the Planning Board. The Land Use Committee directed staff to add stronger compatibility language to the section of the Ordinance that will now permit differentiations in roofing materials within a single development site. The Land Use Committee also directed staff to incorporate 'Line-of-Site' language into that portion of the Ordinance that would allow metal and glass roofing systems on 'Contributing' buildings. The Administration is confident that the proposed ordinance will address the issues and concerns identified by the DRB and result in a more streamlined and flexible 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 approve the Ordinance on first reading, and set a second reading public hearing for October 19,201 1. JMGIJGGIRGLITRM F:\T-Drive\AGENDA\2011\9-14-11\Roof Materials 201 1 - MEMO.docx Roofing Materials 201 1 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY 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. 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 MlAMl BEACH, FLORIDA. SECTION I. 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 or glass 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 In sinnle familv residential districts, tThe saffte style, design and material used &aU-k mqatadfor the main structure and all accessory structures shall be compatible 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. (b) For architecturally significant single family homes constructed prior to 1942, the planning director, or designee, may approve a metal or glass roofing system, if it is determined that the scale, massing and design of the subject home can accommodate a metal or alass roofing system, and that the metal or nlass 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 &(I)-(4) above. The appeal of any decision of the planning department under #+is sections (a) and (b) above shall be to the design review board, in accordance with chapter I 18, article VI of these land development regulations. The review by the design review board, either by appeal or if the a metal or nlass roofing system does not qualify for planning director approval as provided above, shall also be pursuant to the criteria in subsections &(I)-(4) above. (c) 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 or alass roofing systems on new construction shall require the review and approval of the historic preservation board, in accordance with the . criteria in subsections (a)(l)-(4) above and chapter 118, article X of these land development regulations. Metal or alass roofing systems shall not be permitted on contributing buildings> except as hereinafter provided. Within all zoning districts, except single familv districts, and subiect to the approval of the historic preservation board, metal or glass roofing svstems mav be ~ermitted on roof- top additions to contributing buildings, subiect to the criteria in subsections (a)(l)-(4) above and chapter 118, article X of these land development regulations, provided the metal or glass roofinq svstem is not visible when viewed at eve level (5'-6" from grade) from the opposite side of the adiacent right-of-way; for corner properties, the metal or glass roofing svstem shall also not be visible when viewed at eve level from the diagonal corner at the o~posite side of the right-of-way and from the opposite side of the side street right-of-wav. The use of metal or nlass 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 11 8, 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 or glass roofing system, and that ih metal or nlass roofing system 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 or nlass roofing system 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. (d) 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. (e) 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. (9 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. 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 releitered 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 ,2011. MAYOR ATTEST: CITY CLERK PPROVED AS TO RM&M$NGUAGE First Reading: September 14,201 1 Second Reading: October 19,201 1 Verified by: Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 0813 1 120 1 1 F:\T-DriveWGENDA\2011\9-14-1 ?\Roof Materials 201 1- 0RD.docx R7 - Resolutions R7A1 A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 6.21 55 Mills For General Operating Purposes, Which Is Five And Three-Tenths Percent (5.3%) More Than The "Rolled-Back" Rate Of 5.9029 Mills; And 2) The Debt Service Millage Rate Of 0.2884 Mills; Further Setting The Second Public Hearing To Consider The Millage Rate For Fiscal Year (FY) 2011112, On Tuesday, September 27, 201 1 At 5:01 p.m. 501 p.m. First Readinn Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) Agenda Item R7A I Date ?-I(/- THIS PAGE INTENTIONALLY LEFT BLANK R7 - Resolutions R7A2 A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year 201 1/12 Subject To A Second Public Hearing Scheduled On Tuesday, September 27, 201 1 At 5:01 p.m. 501 p.m. First Reading Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) I Agenda Item R 3A 2 Date 9-/y-// THIS PAGE INTENTIONALLY LEFT BLANK 1 R7 - Resolutions R7BI A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Tentative Ad Valorem Millage Of 1.0935 Mills For Fiscal Year (FY) 201 1/12 For The Normandy Shores Local Government District, Which Is Nine And Nine-Tenth Percent (9.9%) More Than The "Rolled-Back Rate Of 0.9946 Mills Subject To A Second Public Hearing Scheduled On Tuesday, September 27, 201 1 At 5:02 p.m. 5:02 p.m. First Reading Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) Agenda Item f? 7 6 I Date 9-/v-// THIS PAGE INTENTIONALLY LEFT BLANK R7 - Resolutions R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Tentative Operating Budget For Fiscal Year (FY) 2011/12 Subject To A Second Public Hearing Scheduled On Tuesday, September 27, 201 1 At 5:02 p.m. 502 p.m. First Reading Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) I Agenda Itern a 7Q I Date 9-/y-// THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMlSSlON MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE ClTY COMMISSION ClTY MANAGER JORGE M. GQNZALEZ FROM: DATE: SEPTEMBER 1 SUBJECT: A RESOLUTION CALLING THE GENERAL ELECTION FOR NOVEMBER 1,201 1 In accordance with Miami Beach City Charter Section 2.01, and City Code Section 38-3, a general municipal election is being called via Resolution for the purpose of electing a Mayor and three City Commissioners in Groups IV, V and VI on November 1, 201 1, and providing for the City Clerk to notice said Resolution through publication of an appropriate advertisement in a newspaper meeting the requirements set forth in Section 50.031, Florida Statutes. F:\ATTO\TLJRN\COMMMEUO\Calling the General Election (201 l).docx I Agenda Item R~c Date y-/q-// RESOLUTION NO. A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD ON NOVEMBER I, 2011 IN THE CITY OF MIAMI BEACH FOR THE PURPOSE OF ELECTING A MAYOR AND THREE CITY COMMISSIONERS (GROUPS IV, V, AND VI); PROVIDING FOR CONDUCT OF SAME BY THE MIAMI-DADE COUNTY ELECTIONS DIVISION; PROVIDING THAT VOTING PRECINCTS SHALL BE THOSE AS ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR THE FORM OF BALLOT AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTION TO MIAMI-DADE COUNTY. BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH: - . SECTION I. In accordance with provisions of the Charter of the City of Miami Beach, Florida a General Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on November I, 201 1 for the purpose of electing a Mayor and three City Commissioners in Groups IV, V, and VI, respectively, each of whom shall hold office for the terms as provided by law. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said General Election hereby called, with acceptance of the certification of the results of said General Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said General Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami-Dade County Election Officials. Registration of persons desiring to vote in said General Election shall be in accordance with the general laws of the State governing voter registration. SECTION 4. Not less than thirty days notice of said General Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The notice of election shall be substantially in the following form: THE ClTY OF MIAMI BEACH, FLORIDA NOTICE OF GENERAL ELECTION NOTICE IS HEREBY GIVEN THAT A GENERAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL / 7:00 P.M. ON THE 1ST DAY OF NOVEMBER, 2011, FOR THE PURPOSE OF ELECTING A MAYOR AND THREE (3) ClTY COMMISSIONERS IN GROUPS IV, V, AND VI, RESPECTIVELY, EACH OF WHOM SHALL HOLD OFFICE FOR THE TERMS AS PROVIDED BY LAW. Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. SECTION 6. That the official ballot to be used in the General Election to be held on November 1, 201 1, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" GENERAL ELECTION FOR ELECTING THE MAYOR AND THREE (3) ClTY COMMISSIONERS (GROUPS IV, V and VI) OF THE ClTY OF MIAMI BEACH, FLORIDA ON NOVEMBER 1,2011 Vote for one (1) only: FOR MAYOR (insert names) FOR ClTY COMMISSIONER GROUP IV (insert names) FOR ClTY COMMISSIONER GROUP V (insert names) FOR ClTY COMMISSIONER GROUP VI (insert names) The City Clerk shall prepare the ballot so that the names of qualified candidates will appear on said ballot in alphabetical order according to surname; provided, however, that said ballot and its preparation shall be such as to permit compliance with the Laws of the State of Florida with respect to the use of an electronic voting system. SECTION 7. That the absentee voters participating in said General Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 8. That the City of Miami Beach shall pay all expenses for conducting this General Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 9. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this @ day of September, 201 1. ATTEST: - MATTI HERRERA BOWER MAYOR ROBERT PARCHER CITY CLERK APPROVED AS TO F:WlTO\TURN\RESOS\Electing Mayor & Cornmissioners(2011 General Election).docx THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF THE ClTY ArrORNEY JOSE SMITH, CITY A~TORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE ClTY COMMISSION CITY MANAGE FROM: JOSE SMITH ClTY ATTORNE a DATE: SEPTEMBER 1 SUBJECT: DESIGNATION OF ClTY OF MIAMI BEACH CANVASSING BOARD FOR NOVEMBER I, 2011 GENERAL ELECTION In connection with the upcoming November 1, 201 1 General Election, a three-member Canvassing Board must be designated in order to canvass absentee ballots and to oversee the conduct of said Election. This Canvassing Board is composed of the City Clerk, a County Court Judge to be appointed by the Chief Judge of the 11th Judicial Circuit, and either the Mayor or a City Commissioner (or if unavailable, a County elector to be appointed by the Chief Judge). Members of the Canvassing Board may not be candidates with opposition in the City's General Election, or be active participants in the campaign or candidacy of any candidate with opposition in said General Election. During the last election in 2009, the following persons served as the City's Canvassing Board: City Clerk Robert Parcher, The Honorable Shelley Kravitz, and The Honorable Peter Lopez. F:\ATTO\TURN\COMMMEMO\Canvassing Board General - Nov 201 1 .docx Agenda Item R7 D Date $?-/'PO 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, Accepting the Recommendation of the City Manager, Pursuant to Request for Qualifications (RFQ) No. 31-1011 1, for Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage; and Authorizing the Administration to Enter into Negotiations with the Top-Ranked Firm, Zaha Hadid Limited ffa Zaha Hadid Architects; and Should the Administration Not Be Able to Successfully Negotiate an Agreement with the Top- Ranked Firm, Authorizing the Administration to Negotiate with the Second-Ranked Firm, Brooks + Scarpa Architects, Inc.; and Should the Administration Not Be Able to Negotiate an Agreement with the Second-Ranked Firm, Authorizing the Administration to Negotiate an Agreement with the Third-Ranked Firm, Oppenheim Architecture + Design LLP. Key Intended Outcome Supported: Ensure well-maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good." Issue: I Shall the Mayor and City Commission adopt the Resolution? Item SummarylRecommendation: The cultural arts neighborhood district is an area that is in need of parking for the visitors and residents of the City of Miami Beach. In order to serve this need, the City is proposing to build a five-level parking garage. The site for the new parking facility is bounded by 23rd Street on the north, Park Avenue on the west, the Miami City Ballet on the south and Liberty Avenue on the east (300 to 342 23rd Street). In addition, the City owns a surface lot that serves the City Library bounded by Liberty Avenue to the west and the City Library to the south (224 23rd Street), which the City is desirous to plan as part of the services contemplated in this Request for Qualifications. The project consists of a five (5) level parking garage with a maximum height of fifty (50) feet or as required by City Ordinance, which accommodates approximately 400 parking spaces and houses retail establishments on the ground floor. The parking garage will be located on 300-342 23rd Street. The City is contemplating enhancing or closing a portion of Liberty Avenue from 23rd Street to 22nd Street in order to create a pedestrian plaza that will provide a strong connection from the parking structure to Collins Park, Miami Beach Ballet, and the Public Library. In addition, the City is requesting that the Consultant study the best use of the parcel located on 224 23rd Street and propose various concepts to the City which may include a commercial building with retail on the ground floor and commercial and retail on the floors above with the possibility of being connected directly by an extension of the parking levels or via a bridge to the new parking garage as described above. On August 10, 2011, the Committee convened to shortlist the proposals. It reconvened on August 23 and September 1, 201 1, to score and rank the shortlisted firms. Upon completion of the presentations and interviews, the Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and competence in order to score and rank each accordingly to develop its recommendation to the City Manager based on their scores and ranking. As a result, Zaha Hadid Limited ffa Zaha Hadid Architects received four of seven first- place votes. Zaha Hadid Limited ffa Zaha Hadid Architects Zaha Hadid is an award-winning architect whose drawings, designs, and architectural vision has earned her notable recognition as one of the top architects in the world. She was the recipient of the Pritzker Prize, considered by many as the Nobel Prize of architecture. Her architectural practice, established in 1980, has acquired over 30 years of experience building some of the most acclaimed architecture in the world. The practice currently has more than 400 staff from over 40 nationalities based in their London offices with additional staff in their site offices in Rome, Guangzhou, Beijing and Hamburg. Notable projects include the Guangzhou Opera House in China and the London Aquatic Center being finalized for the 2012 Summer Olympics. idvisory Board Recommendation: I NIA Financial Information: &~eodE#~. * v Source of Funds: OBPl Financial Impact Summary: NIA City Clerk's Office Legislative Tracking: , * % # I bimuunt $1 NIA %I f MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, ww~.miamibeachfl.~ov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 kt' SUBJECT: A RESOLUTION OF THE MAY0 AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 31- 1011 1, FOR ARCHITECTURAL, ENGINEERING, DESIGN, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE COLLINS PARK GARAGE; AND AUTHORIZING THE ADMINISTRATIONTO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED FIRM, ZAHA HADlD LIMITED TIA ZAHA HADID ARCHITECTS; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WlTH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH THE SECOND- RANKED FIRM, BROOKS + SCARPA ARCHITECTS, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WlTH THE SECOND-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WlTH THE THIRD-RANKED FIRM, OPPENHEIM ARCHITECTURE + DESIGN LLP. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The cultural arts neighborhood district is an area that is in need of parking for the visitors and residents of the City of Miami Beach. In order to serve this need, the City is proposing to build a five-level parking garage. The site for the new parking facility is bounded by 23rd Street on the north, Park Avenue on the west, the Miami City Ballet on the south and Liberty Avenue on the east (300 to 342 23rd Street). In addition, the City owns a surface Id that serves the City Library bounded by Liberty Avenue to the west and the City Library to the south (224 23" Street), which the City is desirous to plan as part of the services contemplated in this Request for Qualifications. This project once built will generate jobs as well as provide a source of revenue for the City. SCOPE OF SERVICES The City is requesting qualification statements from Design Firms that meet the minimum qualifications described in this document. The Consultant shall provide Architectural, Structural Engineering, MEP Engineering, Civil Engineering, Landscape Architecture, Parking and Commission Memorandum - RFQ-31-lO/Il - Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage September 14, 201 1 Page 2 of 11 Transportation Consultant, Traffic Impact Study within the parameters required by the City's Public Works and Planning Departments, Environmental Assessments, Threshold Inspection, Special Inspection as required by the Building Department, Construction Cost Estimating, Surveying, Geotechnical, Asbestos survey and material testing services for the Project. The work shall include, but not be limited to planning, design development, estimate(s) of probable construction cost, construction documents, permitting, bidding / award, LEED process support and documentation and construction administration services for the Project. The project consists of a five (5) level parking garage with a maximum height of fifty (50) feet or as required by City Ordinance, which accommodates approximately 400 parking spaces and houses retail establishments on the ground floor. The parking garage will be located on 300-342 23rd Street. The City is contemplating enhancing or closing a portion of Liberty Avenue from 23rd Street to 22"d Street in order to create a pedestrian plaza that will provide a strong connection from the parking structure to Collins Park, Miami Beach Ballet, and the Public Library. In addition, the City is requesting that the Consultant study the best use of the parcel located on 224 23rd Street and propose various concepts to the City which may include a commercial building with retail on the ground floor and commercial and retail on the floors above with the possibility of being connected directly by an extension of the parking levels or via a bridge to the - - new parking garage as described above. The Consultant's services shall also include LEED process support and documentation pursuant to US Green Building Counsel LEED Standard and/ or City of Miami Beach Ordinance Section 100 whichever is most stringent and include but not be limited to the following: LEED documentation, application and all required submittals to achieve a USGBC LEED SILVER certification for new construction; Providing the project specifications that clearly delineate all LEED-related Contractor responsibilities and procedures, provide the LEED required documentation of all materials, technologies, and procedures upon which the achievement of design intent and LEED Silver certification depend; Coordinating with and assisting the City's Building Commissioning Agent 1 Contractor in its implementation of the Building Commissioning Plan. That plan shall result in full compliance with the LEED standard for full documentation of building commissioning. In particular it will structure and document the full initiation, testing, operational instruction, and record documentation of all building systems. The Project Team will conduct meetings that will result in a list of clearly defined and clearly assigned actions and responsibilities for moving towards the achievement of LEED Silver certification and related project goals. The total allocated Construction Cost Budget earmark for the project is approximately $12,500,000. The successful firm will be tasked with the following duties and responsibilities at a minimum: Planning Services: The purpose of this Task is to develop a concept plan that meets the City's functional requirements and stays within established schedule and cost parameters. Design Services: The purpose of this Task is to establish the requirements for the Commission Memorandum - RFQ-31-lO/11 - Architectural, Engineering, Design, Bid and Award, and Construction Adminisfration Services for the Collins Park Garage September 14, 201 1 Page 3 of 71 preparation of Contract Documents for the Project. The selected firm will be required to perform a variety of forensic tasks to verify, to the extent practicable, existing conditions, and the accuracy of base maps and as-built drawings to be used in the development of Construction Documents. These tasks include, but may not be limited to, demolition drawing preparation, surveying, utility verification, environmental site assessments, geotechnical explorations, traffic impact studies, hazardous material testing and coordination with proposed design improvements. In addition, the selected firm will follow the City Standards for the preparation of Contract Documents, inclusive of Drawings, Specifications and Front-End Documents, Cost Estimates, and a Risk Assessment Plan (RAP). Review submittals will be prepared at the completion of the Design Development Phase and at the 30%, 60%, 90% and 100% completion stages of the construction documents. Contract Documents will be subject to Constructability and Value Engineering reviews. The selected firm will attend and participate in design review meetings to present and discuss the design progress and concept at different stages during the design and will work with City staff to adjust and revise Project scope as may be deemed necessary to meet established budgets and the established phasing plan. The selected firm will also be responsible for reviewing and receiving approvals for the Contract Documents from - - all jurisdictional permitting Agencies and Boards prior to finalization of each phase of the Project. To facilitate the implementation of a Public lnformation Program, the selected firm will provide electronic files of all project documents, as directed by the City. City departments shall be required to respond, in writing, to all review comments. Presentation formats will be as directed by the City. The selected firm shall establish and maintain an in-house Quality Assurance 1 Quality Control (QAIQC) program designed to verify and ensure the quality, clarity, completeness, and constructability of its Contract Documents. Bid and Award Services: The selected firm shall assist the City in the bidding and award phases of each portion of the Project scope. Such assistance shall include facilitating reviews of Contract Documents with applicable Procurement, Risk Management and City Attorney's Office representatives. In addition, the selected firm shall furnish camera- ready Contract Documents for reproduction and distribution by the City, attend pre-bid conferences, assist with the preparation of necessary contract addenda, attend bid openings where applicable, assist with bid evaluations, and prepare a recommendation to award letter for the City's consideration. The selected firm shall provide "As-Bid" documents for use during construction. Construction Administration Services: The selected firm shall perform a variety of tasks associated with the administration of the construction of the project. These shall include attendance at the pre-construction conferences, attendance at weekly construction meetings, responding to contractor Requests for lnformation (RFI), clarification, responding to and evaluating contractor requests for change orders, contract amendments, review of shop drawings, review of record drawings, review and recommendation of contractor applications for payment, specialty site visits, project closeout reviews, including substantial completion, final punch list development and Project certification of final completion and acceptance of each phase, and warranty administration of each phase. Additional Services: If required during the performance of the work, they will be requested by the City and negotiated in accordance with the Contract requirements. Reimbursable Services: The City may reimburse additional expenses such as Commission Memorandum - RFQ-31-lO/ll - Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage September 14, 201 1 Page 4 of I1 reproduction costs, underground utility verification costs material testing / abatement and/or any other service as required for successful project completion. RFQ PROCESS On May 26, 201 1, the RFQ was issued with an opening date of July 15, 201 1. A Pre-proposal meeting to provide information to prospective proposers was held on June 3, 201 1. Bidsync issued bid notices to 7,772 prospective bidders with 199 having viewed the notice of which resulted in the receipt of the following fifteen (I 5) bids: Adache Group Architects ADD, Inc. AECOM Technical Services Arquitectonica BEA Architects, Inc. Brooks + Scarpa Architects, Inc. Kobi Karp Architecture and Interior Design, Inc. Oppenheim Architecture + Design LLP Perkins + Will Robert A.M. Stern Architects, LLP - Borrelli + Partners, Inc. (JV) Rodriguez and Quiroga Architects Chartered Studio Daniel Libeskind, Architect LLC Wolfberg Alvarez & Partners Zaha Hadid Limited tla Zaha Hadid Architects Zyscovich, Inc. The City Manager, via a Letter to Commission (LTC) No. 179-201 1, appointed an Evaluation Committee (Committee) consisting of the following individuals: e Ray Breslin, resident and Collins Park Neighborhood Association member Saul Frances, Parking Director, Parking Department e Grace Escalante, Senior Capital Projects Coordinator, CIP Office o Jason Hagopian, resident and Design Review Board member e Tom Mooney, Preservation and Design Manager, Planning Department Corey Narson, resident and Transportation and Parking Committee member Sherry Roberts, Board of Adjustment member EVALUATION PROCESS On August 10, 2011, the Committee convened to shortlist the proposals and unanimously nominated Sherry Roberts as Committee Chair. In determining the most qualified firms, the Committee discussed each firm's proposal based on the criteria noted in the RFQ below. Commission Memorandum - RFQ-31-10/11 - Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage September 14, 201 1 Page 5 of I1 methodology and design approach to be used in this assignment. 10 Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks of the Firm(s) clients. 5 Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach Risk Assessment Plan that reflects a clear understanding of project obiectives; a thorough review of existing conditions; familiarity with the projeci site; a thorough understanding of all permitting and regulatory requirements and impacts; and other considerations that may impact the design and construction of the proposed improvements. Certified minority business enterprise participation. Either the Prime Consultant or the sub-consultant team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County. of effecting an eqbitable distribution of contracts among qualified firis, provided such distribution does not violate the principle of selection of the most highly qualified firm. 5 5 5 The Committee discussed their individual perceptions of each prospective bidder's qualifications, experience, and competence to shortlist the following firms: Location Recent, current and projected workloads of the firms The volume of work previously awarded to each firm by the City, with the obiect ADD, Inc. AECOM Technical Services Arquitectonica Brooks + Scarpa Architects, Inc. Oppenheim Architecture + Design LLP Perkins + Will Wolfberg Alvarez & Partners Zaha Hadid Limited t/a Zaha Hadid Architects Zyscovich, Inc. The Committee reconvened on August 23 and September 1, 2011, to score and rank the shortlisted firms. Upon completion of the presentations and interviews, the Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and competence in order to score and rank each accordingly to develop its recommendation to the Commission Memorandum - RFQ-31-1O/I1 - Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage September 14, 201 1 Page 6 of 11 City Manager based on their scores and ranking. As a result, Zaha Hadid Limited t/a Zaha Hadid Architects received four of seven first-place votes as noted below: Zaha Hadid Limited t/a Zaha Hadid Architects Zaha Hadid is an award-winning architect whose drawings, designs, and architectural vision has earned her notable recognition as one of the top architects in the world. In fact, she was the recipient of the Pritzker Prize, considered the Nobel Prize of architecture. Her architectural practice, established in 1980, has acquired over 30 years of experience building some of the most acclaimed architecture in the world. The practice currently has more than 400 staff from over 40 nationalities based in their London offices with additional staff in their site offices in Rome, Guangzhou, Beijing and Hamburg. Notable projects include the Guangzhou Opera House in China and the London Aquatic Center being finalized for the 2012 Summer Olympics. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution accepting the recommendation of the City Manager pursuant to Request for Qualifications (RFQ) No. 31-1011 1, for architectural, engineering, design, bid and award, and construction administration services for the Collins Park Garage; and authorizing the Administration to enter into negotiations with the top-ranked firm, Zaha Hadid Limited t/a Zaha Hadid Architects; and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm, Brooks + Scarpa Architects, Inc.; and should the Administration not be able to negotiate an agreement with the second-ranked firm, authorizing the Administration to negotiate an agreement with the third-ranked firm, Oppenheim Architecture + Design LLP. ATTACHMENTS Attachment A - Zaha Hadid Limited t/a Zaha Hadid Architects Executive Summary Attachment B - Collins Park Garage Conceptual Drawings Commission Memorandum - RFQ-31-10/11 - Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage September 14, 201 1 Page 7 of I 1 Attachment A - Zaha Hadid Limited tla Zaha Hadid Architects Executive Summarv [PAGE INTENTIONALLY LEFT BLANK] Commi A ward, Septen Page 8 ssion Memorandum - RFQ-31-IO/l I - Architectural, Engineering, Design, and Construction Administration Services for the Collins Park Garage lber 14, 201 1 of 11 ment B - Collins Park Garage Conceptual Drawings Bid and Design Commissi Award, an Septembe Page 9 of on Memorandum - RFQ-31-lo/? I - Architectural, Engineering, Design, ld Construction Administration Senlices for the Collins Park Garage !r 14, 2011 I I Bid and Commission Memorandum - RFQ-3 1-1 0/1 I - Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage September 14, 201 1 Page 10 of I I Commission Memorandum - RFQ-31-lO/I1 - Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage September 14, 201 1 Page I I of I I RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 31-10111, FOR ARCHITECTURAL, ENGINEERING, DESIGN, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE COLLINS PARK GARAGE; AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED FIRM, ZAHA HADlD LIMITED TIA ZAHA HADlD ARCHITECTS; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WlTH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH THE SECOND-RANKED FIRM, BROOKS + SCARPA ARCHITECTS, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WlTH THE SECOND-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WlTH THE THIRD-RANKED FIRM, OPPENHEIM ARCHITECTURE + DESIGN LLP. WHEREAS, on May 11, 201 1, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 31-1 011 1, for Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage; and WHEREAS, the RFQ was issued on May 26, 201 1, with an opening date of July 15, 201 1 ; and WHEREAS, a pre-qualification meeting to provide information to prospective proposers was held on June 3,201 1; and WHEREAS, Bidsync sent notices to 7,772 prospective proposers of which 199 proposers viewed the notice resulting in the receipt of fifteen (15) proposals by Adache Group Architects, ADD, Inc., AECOM Technical Services, Arquitectonica, BEA Architects, Inc., Brooks + Scarpa Architects, Inc., Kobi Karp Architecture and Interior Design, Inc., Oppenheim Architecture + Design LLP, Perkins + Will ,Robert A.M. Stern Architects, LLP - Borrelli + Partners, Inc. (JV), Rodriguez and Quiroga Architects Chartered, Studio Daniel Libeskind, Architect LLC, Wolfberg Alvares & Partners, Zaha Hadid Limited tla Zaha Hadid Architects, Zyscovich, Inc.; and WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 179-2011, appointed the following individuals as Evaluation Committee (the "Committee") members: Ray Breslin, Resident and Collins Park Neighborhood Association Member * Christina Cuervo, Resident and Capital Improvements Project Oversight Committee Member Grace Escalante, Senior Capital Projects Coordinator, CIP Office Saul Frances, Parking Director, Parking Department Jason Hagopian, Resident and Design Review Board Member Tom Mooney, Preservation and Design Manager, Planning Department Corey Narson, Resident and Transportation and Parking Committee Member with the following individuals also appointed as Committee alternates: Silvia Cubina, Director, Bass Museum Sherry Roberts, Board of Adjustment Member Thais Vieira, Capital Projects Coordinator, CIP Office. WHEREAS, the Committee convened on August 10, 201 1, to discuss their individual perceptions of each prospective bidder's qualifications, experience, and competence and shortlisted the following firms: ADD, Inc. AECOM Technical Services Arquitectonica Brooks + Scarpa Architects, Inc. Oppenheim Architecture + Design LLP Perkins + Will Wolfberg Alvarez & Partners Zaha Hadid Limited t/a Zaha Hadid Architects Zyscovich, Inc. WHEREAS, the Committee on August 23 and September 1, 201 1, reconvened to score and rank the shortlisted firms and voted to recommend to the City Manager Zaha , . Hadid Limited t/a Zaha Hadid Architects as the top-ranked firm; Brooks + Scarpa Architects, Inc. as the second-ranked firm; and Oppenheim Architecture + Design LLP as the third- ranked firm; and WHEREAS, after considering the review and recommendation of the Evaluation Committee, the City Manager exercised his due diligence and carefully considered the specifics of this RFQ process; and WHEREAS, as a result, the City Manager recommends to the Mayor and City Commission that the City enter into negotiations with the top-ranked firm of Zaha Hadid Limited t/a Zaha Hadid Architects; and should the Administration not be able to negotiate with the top-ranked firm, the Administration should negotiate with the second-ranked firm of Brooks + Scarpa Architects, Inc.; and should the Administration not be able to negotiate with the second-ranked firm, the Administration should negotiate with the third-ranked firm of Oppenheim Architecture + Design LLP. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 31-10/11, for Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage; authorizing the Administration to enter into negotiations with the top-ranked firm of Zaha Hadid Limited t/a Zaha Hadid Architects; and should the Administration not be able to negotiate with the top-ranked firm, the Administration should negotiate with the second-ranked firm of Brooks + Scarpa Architects, Inc.; and should the Administration not be able to negotiate with the second-ranked firm, the Administration should negotiate with the third-ranked firm of Oppenheim Architecture + Design LLP. PASSED AND ADOPTED THIS DAY OF 201 1. APPROVED AS TO ATTEST: FORM & LANGUAGE ClTY CLERK COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the City Administration to enter into an agreement with the Trustmark Companies and Colonial Life Accident and lnsurance Company to provide a voluntary Accident lnsurance Plan, fully funded by employee contributions. Key Intended Outcome Supported: Control costs of payroll including salary and fringe benefits Attract and maintain a quality workforce. Supporting Data (Surveys, Environmental Scan, etc.): 1. 2007 Internal Support Functions Survey Overall satisfaction of benefits administration was rated 75.6% as excellent or good combined Issue: Should the City enter into an agreement with the Trustmark Companies and Colonial Life Accident and lnsurance Company to provide a new voluntary Accident lnsurance Plan to employees, at no cost to the City, as the Accident lnsurance Plan will be fully funded by employee contributions. Item SummarylRecommendation: I At the direction of the City Administration, the City's consultant of record, Gallagher Benefit Services (Gallagher) issued their RFPfor I I the City's voluntary benefit program. This item was discussed at the April 13,201 1 City Commission meeting, with the Mayor and City Commission approving the offering of a number of voluntary benefits beginning January 1,2012. I As a result of the RFP, Gallagher also recommended that the City offer the Trustmark Accident lnsurance Plan to its employees. Disagreeing with the Accident Plan recommendation, Colonial Life Accident Plan requested that the Administration re-examine their proposed plan coverage and cost, as representatives of the Colonial Life Accident Plan believed their plan to be more competitive than the plan proposed by Trustmark. The Administration requested that Gallagher contact the two (2) Accident lnsurance Plan proposers (Trustmark and Colonial Life), and obtain a detailed summary of the premiums and benefits proposed by each company. After a thorough re-examination, Gallagher again deemed that the Trustmark plan provided a better benefit than the Colonial Life plan, even though the cost for the Trustmark plan is slightly higher. This information was presented to the Finance and Citywide Projects Committee during their June 23, 2011 meeting. The item was discussed, with the members voting to send the item to the full Commission without recommendation. The item was placed on the July 13, 201 1 City Commission Meeting Consent Agenda. Typically items on the Consent Agenda are routine and do not require discussion. The item should have been placed on the Regular Agenda in order to allow all Commissioners the opportunity to discuss it. The item was removed, and the Commission was notified that it would be included in the September 14,201 1 City Commission meeting under the Regular Agenda. Based on the updated comprehensive summaries provided by Trustmark and Colonial Life, as well as Gallagher's recommendation, the Administration requests to include both the Trustmark Accident Plan as well as the Colonial Life Accident Plan as a part of the City's voluntary benefit program, as it considers either plan to be in the employees' best interest. The voluntary Accident lnsurance Plan benefit, if approved, along with the universal life, critical illness and hospital indemnity plans previously approved by the Mayor and City Commission, will be made available to both full-time and part-time employees when the new insurancelbenefit plan year commences on January I, 2012. Advisory Board Recommendation: 1 The Finance and Citywide Projects Committee, at their June 23, 2011 meeting, voted to return the item to the full City ] I Commission for final evaluation and vote. - I Financial Information: 1 Financial Impact Summarv: NO FISCAL IMPACT 1 I - OBPl I The accident 'insurance plank a voluntary benefit program, and is fully funded through employee contributions. City Clerk's Office Legislative Tracking: Source of Funds: m J I I Total I I Sue Radig, Human Resources Benefits Administrator I I Amount N/A 1 * Account 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 DATE: September 14,201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ClTY ADMINISTRATION TO ENTER INTO AN AGREEMENT WITH THE TRUSTMARK COMPANIES AND COLONIAL LIFE ACCIDENT AND INSURANCE COMPANY TO PROVIDE A VOLUNTARY ACCIDENT INSURANCE PLAN, FULLY FUNDED BY EMPLOYEE CONTRIBUTIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FISCAL IMPACT There is no fiscal impact as the voluntary Accident Insurance Plan is paid fully by the employees who elect coverage. BACKGROUND During the June 23, 201 1 Finance and Citywide Projects Committee (FCWPC) meeting, Committee members heard from representatives of the Administration and from Citrin Financial on this item. The FCWPC members thereafter agreed to send the item to the full Commission without recommendation. The item was placed on the July 13, 201 1 City Commission Consent Agenda. Typically items on the Consent Agenda are of routine nature and do not require discussion. The item should have been placed on the RegularAgenda in order to allow all Commissioners the opportunity to discuss it. The item was removed, and the Commission was notified that it would be included in the September 14, 201 1 City Commission meeting under the Regular Agenda. By way of further background, the City's voluntary benefits program supplements the City's core benefit plans (medical, vision, dental, disability and life) by providing a wide range of benefit options that allow employees to customize their benefit program at lower group rates. These programs are offered on a voluntary basis, with no cost to the City. The employees who choose to participate pay the full premium cost. City Commission Meeting, September 14, 201 1 Selection of a Voluntary Accident Plan Page 2 of 4 At the direction of the City Administration, the City's consultant of record, Gallagher Benefit Services (Gallagher) issued an RFP for the City's voluntary benefit program. This item was discussed at the April 13, 2011 City Commission meeting, with the Mayor and City Commission approving the offering of a number of voluntary benefits beginning January 1, 201 2, including: e Discount legal plans; Critical Illness Plan; Universal Life Insurance Plan; and Hospital Indemnity Plan. As a result of the RFP, Gallagher also recommended that the City Administration offer the Trustmark Companies Accident Plan lnsurance (Trustmark) to its employees. Accident Plan lnsurance provides benefits in the event of covered injuries that occur either at work or outside the work place. Benefits are paid directly to the participant to help offset unexpected medical costs and lost wages. The plan also includes a daily benefit for hospitalization due to illness. The plan is portable, meaning employees may continue coverage after leaving the City by paying their premiums directly to the carrier. This benefit is currently not offered to City employees. Disagreeing with the Accident Plan recommendation, Colonial Life Accident Plan (one of the insurance carriers responding to Gallagher's RFP) requested that the Administration re- examine their proposed plan coverage and cost, as representatives of the Colonial Life Accident and lnsurance Company (Colonial Life) believed their plan to be more competitive than the plan proposed by Trustmark. The Administration agreed to work with Gallagher to undertake a thorough re-examination of the Accident Plan proposals, and bring the results to the Finance and Citywide Projects Committee (FCWPC) for their review and recommendation. Following the April 13, 201 1 City Commission meeting, the Administration requested that Gallagher contact the two (2) Accident lnsurance Plan proposers (Trustmark and Colonial Life), and obtain a detailed summary of the premiums and benefits proposed by each company. A copy of the benefit summaries submitted by Trustmark and Colonial Life are attached (Attachment A). A synopsis of the benefits provided in each individual plan's RFP response can be found on the following page. City Commission Meeting, September 14. 201 1 Selection of a Voluntary Accident Plan Page 3 of 4 Synopsis of the Major Benefits for Accident Plan Insurance Colonial Life None* Wellness Care Hospital Confinement Trustmark $50 per visit Hospital Intensive Care up to 2 visits per year $400 perday Catastro~hic Accident Benefit $300 per day up to 365 days $800 per day 90 day waiting period before up to 365 days $600 per day up to 15 days No reduction in plan benefits 50% at age 65 365 day waiting period before plan coverage begins Maximum benefit payment upto 15days Plan benefits are reduced bv plan coverage begins Maximum benefit payment Employee Emergency Room Accidental Death Benefit accident $75,000 $1 00,000 $75,000 $1 00,000 $15,000 $20,000 Spouse $ 50,000 $100,000 -1 . - $100,000 Employee Spouse Chiwren) Ambulance Ground Air Monthly Premium Employee Family $500 per transport $1,500 per transport $100,000 $1 50 per visit If death is due to a common carrier accident $75,000 $1 50,000 $40,000 $80,000 $20,000 $40,000 $300 per transport $1,000 per transport $18~~9 $52.87 *The Colonial Life Accident Plan proposed in their initial RFP response did not include their Wellness (Health Screening) Rider. If included, the rider provides a $50 calendar year benefit for one person per policy for one of 18 health screening tests. The addition of this Wellness Rider may change the monthly premium costs. $200 per visit If death is due to a common carrier I Catastrophic Accident Benefit - This benefit helps families during the transitional period following a catastrophic loss. The Catastrophic Accident Benefit provides a lump sum benefit for a catastrophic loss after fulfilling a waiting period. A catastrophic loss is the loss of use of sight, hearing, speech, arms or legs. 2 Accident Death Benefit - This benefit provides a lump sum for an accidental death that occurs within a set time period of a covered accident. The benefit increases if the accidental death is due to a common carrier. City Commission Meeting, September 14,201 1 Selection of a Voluntary Accident Plan Page 4 of 4 After the detailed re-examination, Gallagher informed the Administration that although the Trustmark plan provided a better benefit than the Colonial Life plan, the cost of the Trustmark plan is slightly higher. Based on the updated comprehensive summaries provided by Trustmark and Colonial Life, as well as Gallagher's recommendation, the Administration requests to include both the Trustmark Accident Plan as well as the Colonial Life Accident Plan as a part of the City's voluntary benefit program, as it considers both to be in the employees' best interest. The voluntary Accident lnsurance Plan benefit, if approved, along with the universal life, critical illness and hospital indemnity plans previously approved by the Mayor and City Commission, will be made available when the new insurancelbenefit plan year commences for City employees on January 1,201 2. Given that the Accident lnsurance Plan is a new voluntary benefit not currently provided to employees, the Mayor and City Commission may opt to decline to offer this benefit to employees. If not approved, part-time employees, who are not eligible for the City's core - medical, vision, dental, disability and life plans, will not be eligible to elect the Accident lnsurance Plan coverage, which may help offset out-of-pocket medical expenses and lost wages. CONCLUSION The Administration urges the Commission to approved this resolution to offer both the Trustmark Accident Plan and the Colonial Life Accident Plan to City employees as a part of the City's Voluntary Benefit Program commencing January 1,2012. T:\AGENDAEOI 1\9-14-1 IWccident Plan Memo.doc ATTACHMENT A Benefit Summaries Trustmark Accident lnsurance Plan Colonial Life Accident lnsurance Plan Trustmark Accident Insurance Plan Coverage Type Hospital Plan Hospital Admission Benefit Hospital Confinement Hospital ICU ' -- Trustmark 1 24-hour Plan 3 $2000 per admission $400 (per day up to 365 days) $800 (per day up to 15 days) Wellness Benefrt Waiting Period Maximum Visits Catastrophic Accident Benefit Employee Spouse Children Elimination Period Accidental Death Benefit Employee $50 per vist 60 days. up to 2 visits per person per year, no cap on number of family members. No reduction schedule $100,000 SS0,OOO $54000 90 days $75,000 Spouse Children Accidental Death Common Carrier Benefit Employee Spouse Children $40,~ $20,000 $lsO,OOO $80,000 $40,000, Accident Fol\ow-Up Treatm~nt Ambulance Ground Air Appliance Blood, Plasma and Platelets Bums $100, $300 $1,000 $200 $600. Flat Amount for: I 3rd degree 35 or more sq. in. 3rd degree 9-34 sq. in. 2nd degree for 36% or more of body Concussion Dislocations open reduction closed reductipn. $20,000 !33,OOo $1,500, - $200 up to $8,000 up to $4,000 ~octor's Office Visit Emergency Dental Benefit extraction crown Emergenw Room Treatment Eye Injury Fractures open reduction $100 - $100 $300 f 150 $4(30 up to $10,000 Trustmark Accident Insurance Plan i closed reduction Chips HerniatedfRuptured Disc . Lacerations (based on size) 1Los;of both hands, kt, right of both eye I I up to $S,OaO 25% of closed reduction benefit $800 $SCl-$SOO Lodging (per night up to 30 days/per person per accldent) Loss df Finger, Toe, Hand, Foot or Sight of an Eye $200 orany combination of 2 or more losses Loss of 1 hand, foot or sight of one eye Loss of 2 or more fingers, toes or any $34000 $l.5,000 cornhination of 2 or more losses . Loss of 1 finger. or 1 toe Physical Therapy $3,000 $190 $50(up to 6 visits per person per acadent Ptosthetic Device or Artifical Limb More than 1 One Skin Grafts $2,000 . Sl,m 25% of bum benefit Surgery Benefit open, abdominal, thoracic exploratory Tendon/Ugament/ Rotator Cuff repair of more than 1 repair of 1 exploratory without repair Tom Knee Cartilage exploratory Transportation . (100 miles up to 3 trips per person per: accident) 27-Juil-11 ' Date $ 2,0@3 $200, $1,200 Sam $204 . $lam $200 - $600 Rates . Composite or Age Banded Employee Employee Spouse Empoyee Child(ren) Employee Family Composite $18.49 $2833 $43.03 $52.87 Colonial Life Accident Insurance . ---- Plan I -- Colonial Coverage Type 124 hour/ on and off-Job coverage(c0verage is worldwide) (Waiting Period 1 I Hospital Plan Hospltal Admlssion Benefit Hospital Confinement Hospital lCU Plan 1 $2000 per admission per accldent $300 (per day up to 365 days) $600 (per day up to 15 days) - Wellness Benefit l~vailable as an optional rider. Welines Rider was not Included Maximum Visits Catastrophic Accident Benefit Employee Spouse Children children . . I $15,000 SO% reduction at age 65 $100,000 $100,000 $50~ooO , ~limlnadon Period Accidental Death Benefit Employee Snn~lze Accident Follow-Up Treatment I $120 (up to 3 visits) Ambulance 365 days $75,m S75.000 Accidental Death Common Carrier Benefit I proposed RFP rate. ' Employee Spouse Children $300,000 Sl00,ooD $20,000 The Colonial Life Accident lnsurance Plan benefit summary indicates the availability of a Wellness Benefit Rider and an increase in the monthly premium costs for their Accident lnsurance Plan. This information was not included in the original benefits summary submitted in response to Gallagher's RFP. The Colonial Life Accident Plan Wellness Rider provides for the following Wellness Benefit: Flat Amount for: 3rd degree 35 or more sq. in. 3rd degree 9-34 sq. in. 2nd degree for 36% or more of body $10,000 $1,500 $750 Wellness Benefit Waiting Period Maximum Visits Available as an optional rider 30 days $50.00 peir calendar year for one person per policy Colonial Life Accident Insurance Plan Signature Concussion Dislocations open reduction closed reduttipn Doctor's Office Visit Emergency Dental Benefit extraction crown Emergency Roam Treatment Eye Injury Fractures open reduction closed reduction Chips Hernlated/Ruptured Dlsc Lacerations (based on size) Lodging (per night up to 30 days/per person per actidentl Loss of Finger, Toe, Hand, Foot or Sight of an Eye Loss of both hands, feet, sight of both eye or any cornbinatlon of 2 or more lqsses Loss of 1 hand, foot or sight of one eye Loss of 2 or more fingers, toes M any kcomblnation of 2 or more losses Loss of 1 flnger or 1 toe Physical Therapy Prosthetic Device or Artlfial Mmb More than 1 One Skln Grafts Sutgery Benefit open, abdominal, thorack exploratory $100 up to $6,000 up to $3,000 $120 $100 $209 -- - -- $200 $500 up to $7,500 up to $3,750 25% of closed reduction benefit $400 $25 - $400 -- $100 for family member or companion $15,000 $7,504 $1,500 $750 $50 (up to 6 treatments) $l,oOa $SO0 25% of bum benefit $1,500 $150 I Tendan/Lfgament/Rotator Cuff - repair of more than 1 repair of 1 - $600 $400 . Rates 1 exploratory without repair - Tom Knee Cartilage exploratory Transportation (100 milk up to 3 trips per person per rcarnposite or Age Banded Employee Employee Spouse $100. $500 $100 Composite $18,00 per month $24.00 per month accident) 1 $300 Empoyee Child(ren1 1$30.00 per month Employee Family 1$36.00 per month -1 RESOLUTION TO BE SUBMITTED THIS PAGE INTENTIONALLY LEFT BLANK R7 - Resolutions R7G A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No 33- 1011 1, For Consulting Services Relative To The Expansion And Enhancement Of The Miami Beach Convention Center (MBCC) CampusIDistrict; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, Strategic Advisory Group, And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorize The Administration To Negotiate With The Second-Ranked Proposer, HVS Convention, Sports & Entertainment Consulting; And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorize The Administration To Negotiate With The Third-Ranked Proposer, HR & A Advisors, Inc. (City Manager's OfF~celProcurement) (Memorandum & Resolution to be Submitted in Supplemental) Agenda Item R7 G Date g+/y* I/ THIS PAGE INTENTIONALLY LEFT BLANK City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www- OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk Tel: (305) 673-741 1, Fax: (305) 673-7254 COMMISSION MEMORANDUM To: Mayor Maiti Herrera Bower and Members of the City Commission From: Jorge M. Gonzalez, City Date: September 1 4,201 0 Subiect: BOARD AND COMMITTEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Affordable Housing Advisory 11 City Commission 9 Page I Committee --- Art in Public Places 7 City Commission Capital Improvements Projects 9 City Commission Oversight Committee Committee on the Homeless 9 Mayor Matti Herrera Bower 1 Page 11 Community Development Advisory 14 Commissioner Deede Weithorn 1 Page 12 Committee Commissioner Jonah M. Wolfson 1 Commissioner Michael Gbngora 1 I Agenda Item Rqh We are committed to providing excellent public service and safety to all who live, work and play in 1 I Date PP/C/-// 1 535 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Community Relations Board 17 Commissioner Jerry Libbin 1 Page 13 Jorge M. Gonzalez, City Manager 1 Design Review Board 7 City Commission 1 Page 17 Hispanic Affairs Committee 7 Mayor Matti Herrera Bower 1 page 24 -- - -- Miami Beach Commission For 2 I Commissioner Deede Weithorn 1 Page 29 Women Commissioner Jerry Libbin 1 Commissioner Jonah M. Wolfson 1 -- : Miami Beach Sister Cities Program 24 Mayor Matti Herrera Bower 6 Page 32 Single Family Residential Review 3 Jorge M. Gonzalez, City Manager 3 Page 42 Panel Visitor and Convention Authority 7 City Commission 1 Page46 -- - Attached is breakdown by Commissioner or City Commission: City Commission Commit t ens Committee First Name Finance & Citywide Projects Committee Chairperson Commissioner Deede Weithorn Vice-Chair Commissioner Jorge Exposito Member Commissioner Jonah Wolfson Alternate Commissioner Edward L. Tobin Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Commissioner Jonah Wolfson Vice-Chair Commissioner Michael Gongora Member Commissioner Jorge Exposito Alternate Commissioner Jerry Libbin Liaison Richard Lorber, Acting Planning Dir NeighborhoodslCommunity Affairs Committee Chairperson Commissioner Edward L. Tobin Vice-Chair Commissioner Jerry Libbin Member Commissioner Deede Weithorn Alternate Commissioner Michael Gongora Liaison Barbara Hawayek, Building Depart Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Monday, August 22, 201 1 Page 1 of 1 NON-CTIY COMMISSION COMMITTEES Ricky Arriola Term ending May 201 4 Mitchell Kaplan Term ending September 201 2 Richard Milstein Term ending July 201 4 The Adrienne Arsht Center for the Performing Arts Center Trust Mayor Matti Herrera Bower Citizens Oversight Committee Greater Miami Convention and Visitors Bureau Tourism Development Council Hilda Fernandez, Assistant City Manager Miami-Dade County Homeless Trust Board Commissioner Edward L. Tobin Metropolitan Planning Organization Vacant Dade Cultural Alliance Commissioner Deede Weithorn Miami Dade League of Cities 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 DATE: September 14, 201 1 SUBJECT: BOARD AND - CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee 3. Art in Public Places 3. Capital Improvements Projects Oversight Committee 4. Design Review Board 5. Visitor and Convention Authority F:\CLER\$ALL\MARIA-M\B & C\Cornmission Memo B & C FOR 09-14-1 1 .doc 539 I Agenda Item R94/ I I Date 9-/v-4 Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-1 67 Composition: The committee shall consist of eleven (11) voting members with two (2) year terms appointed at large by a majority vote of the Mayor and City Commission: One citizen: 1) actively engaged in the residential home building industry in connection with affordable housing; 2) actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) representative of those areas of labor actively engaged in home building in connection with affordable housing; 4) actively engaged as an advocate for low-income persons in connection with affordable housing; 5) actively engaged as a for-profit provider of affordable housing; 6) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 7) actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute 3 163.3174 (Planning Board member); 9) who resides within the jurisdiction of the local governing body making the appointments; 10) who represents employers within the jurisdiction; 11) who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee, members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Liaison: Richard Bowman Vacancy: To replace Stephanie Berman To replace Jonathan Fryd To replace Roberto DaTorre To replace Dr. Barry Ragone To replace Ada Llerandi To replace Brian Ehrlich To replace Lianne Pastoriza To replace Robert Saland To replace David Smith (3) Rep. Labor Home BI 12/31/2012 City Commission (8) Local Planning Boar 12/31/2012 City Commission (6) Not For Profit 12/31/2012 City Commission (fO) Rep. Empl. withlju 12/31/2011 City Commission (4) Low-Income Advoc. 12/31/2011 City Commission (1) Res. Home Bldg. 12/31/2012 City Commission (1 1) Rep. Essential Serv 12/31/2011 City Commission (5) For Profit 12/31/2012 City Commission (2) BankinglMortgage 12/31/2012 City Commission Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ... . --- Friday, September 02, 2011 Page I of48 Board and Committees Current Members Clark Reynolds (9) Res. Juris. Local Gvt 12/31/2011 City Commission 12/31/13 Michael Burnstine (7) Real Estate Prof. 12/31/2011 City Commission 12/31/13 Applicants PositionITitle Applicants PositionITitle Amy Perry Arian Adorno Dr. Barry Ragone Karen Fryd Mark Wohl Andrew Fischer Charles Urstadt Juan Rojas Marie Towers Robeto DaTorre - Friday, September 02,2011 Page 2 of 48 Board and Committees Current Members Art in Public Places Sec. 82-561 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. City Liaison : Dennis Leyva Vacancy: To replace Flavia 12/31/2011 City Commission Lowenstein Members: Name Last Name PositiontTitle Term Ends: Appointed by: Term Limit: - -- Elizabeth Resnick 12/31/2012 City Commission 12/31/12 James Lloyd 12/31/2012 City Commission 12/31 /I 6 Janda Wetherington 12/31/2012 City Commission 12/31/16 Lisette Olemberg 12/31/2011 City Commission 12/31/14 Goldstein Megan Riley 12/31/2012 City Commission 12/31 11 6 Rhonda Mitrani-Buchman 12/31/2011 City Commission 12/31/12 Applicants PositionITitle Applicants PositionITitle Ana Cordero Brian Levin Dale Stine Francis Trullenque Larkin Menezes Lisa Austin Maria Rodriguez Mykel (Michael) Tulloch Robert Barrera Stella Gelsomino Xavier Cortada Anthony Japour Claire Warren Elizabeth Schwartz llija Mosscrop Leslie Tobin Lisa Austin Merri Mann Pamela Palma Silvia Ros Wetherington Janda Zoila Datorre Tuesday, September 06,2011 Pnge 3 of48 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a, engineering; b, architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) 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; and 5. The remaining-two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input ,to the committee. City Liaison: Fernando Vazquez Vacancy: To replace Fred (C3) Developer 12/31/2011 City Commission Karlton To replace Richard (C5) Engineer 12/31/2012 City Commission (Rick) Kendle Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -- - Christina Cuervo (C5) Developer '12/31/2011 City Commission 12/31/13 Dwight Kraai (2) Engineer 12/31/2012 City Commission 12/31/13 Eleanor Carney (C4) At-large 12/31/2011 City Commission 12/31/15 Elizabeth Carnargo (C2) Arch'ict 12/31/2011 City Commission 12/31/13 Saul Gross (1) Mayor Designee 12/31/2011 Mayor Matti Herrera Bower 12/31/15 Stacy Kilroy (C3) ConstIGen Contractor 12/31/2012 City Commission 12/31/13 Tony Trujillo (C4) Cap.Budg/Finance 12/31/2012 City Commission 12/31/16 (6) ex-officio member Tuesday, August 23,2011 Page 7 of 48 (Continued. ... Board and Committees Current Members Applicants PositiowTitle Applicants Position~Title Christian Folland Dominique Bailleul Gerhard Rima Ivelte Isabel Borrello James Lloyd Josh Gimelstein Rima Gerhard Jason Green Michael Laas Tuesday, August23,2011 Board and Committees Current Members Design Review Board Sec. 118.71 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members and two (2) ex-officio members. The seven (7) regular members shall consist of: two (2) registered architects, one (1) registered architect or a member of the faculty of a school of architecture, urban planning or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture, or a professional architectural designer or professional urban planner one (1) registered landscape architect, one (1) registered architect, professional designer or professional urban planner, and two (2) citizens at-large. One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or designee and the City Attorney or designee shall serve in an advisory capacity. Residency and place of business in the county. The two (2) citizen-at-large members and one of the registered landscape architects, registered architects, professional designer or professional urban planners shall be residents of the city. City Liaison: Thomas Mooney Vacancy: To replace Michael Urban Planner 52/31/2012 City Commission Laas Members: Name Last Name PositionITitle Term Ends: Appointed by: Term Limit: Carol Housen At-large 12/31/2012 Ci commission 12/31/16 Gabrielle Redfem At-large TL 12/31/2011 12/31/2011 Ci Commission 12/31/11 Jason Hagopian Registered Architect 12/31/2011 Cii Commission 12/31/15 Lilia Medina Urban Planner 12/31/2012 City Commission 12/31/15 Seraj Saba Landscape Architect 12/31/2011 City Commission 12/31 /I 3 Thomas DeLuca Reg. Architect TL12/31/2011 12/31/2011 City Commission 12/31/11 Gary Held advisory1Ck-y Attorney Designee Richard Lorber advisory/Acting Planning Director Vacant ex-officio/Disabilii Access Committee Applicants PositionlTitIe Applicants PositionITitle Beth Dunlop Daniel Garcia Elizabeth Camargo Gilbert Squires Jane Gross Jessica Conn Larkin Menezes Leonard Wien, Jr. Leslie Tobin Pamela Palma Scott Needelman Tuesday, August 23,2011 Page 17 of 48 Board and Committees Current Members Visitor and Convention Authority Sec. 102-246 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Liaison: Grisette Roque. Vacancy: To replace At-large Deborah Castillo 12/31/2012 City Commission Members: Name Last Name PositionITitle Term Ends: Appointed by: Elsie Sterling Howard At-large TL 12/31/2011 12/31/2012 City Commission Jaqueline Hertz At-large 12/31/2011 City Commission Jeff Lehman Hotel Industry 12/31/2011 City Commission Keith Menin Hotel Industry 12/31/2011 City Commission Micky Ross Steinberg At-large 12/31/2011 City Commission Steven Adkins At-large 12/31/2012 City Commission Term Limit: 12/31 11 1 "1/31/13 12/31/13 12/31/15 12/31/15 12/31/14 Applicants PositionRitle Applicants PositionRitle Aaron Perry Calvin Kohli Christopher Todd Diana Fontani Martinez Eric Lawrence Frank Kruszewski Frank Kruszewski George Castillo Harold Foster lleana Bravo-Gordon James Lloyd Jeffrey Graff Joy Malakoff Karen Brown Leif Bertrand Margaret (Peggy) Benua Mark Tamis Merle Weiss Mykel (Michael) Tulloch Natalia Datorre Prakash Kumar Steven Gonzalez Zahara Mossman Pvm----wrnP Tuesday, September 06,2011 Page 46 of 48 OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk FROM: Jorge R. Exposito, Commissioner DATE: June 27,2011 SUBJECT: Nomination for the Affordable Housing Advisory Committee .: I would like to nominate Juan Rojas to the Affordable Housing Advisory Committee for the BankingIMortgage slot (seat two). 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, We ore commiited to prowding excellent publrc sewrce and sofety to all who !rile, work, and ploy m our v!d Agenda Itern R9A 2 I Date ?-/@I/ Phone 305-61 3-1 699 Fax 866-891 -9932 E-mail jr@juaners.com Juan E. Rojas Education Florida International University (1 996) Miami, FL Bachelor of Business Administration, Finance Bachelor of Business Administration, International Business Certifications Certified NFCC Consumer Credit Counselor, HUD Approved Housing Counselor, Certified lspeciiic HQS Inspector Training HUD Courses: Homebuyer Education- Train The Trainer, Loss Mitigation Training Neighborhood Reinvestment Training Institute Courses: Advanced Foreclosure Prevention, Delivering an Effective Homeownership Program, Compliance With State & Federal Regulations, Fundamentals of Residential Lending, Affordable Housing Strategies in Hot Markets -I Other: Setting Up Your Homebuyers' Club, Fair Housing, Compliance 101- Multifamily Programs including HOME Investment Partnership Program, State Apartment Incentive Loan Program (SAIL), State Housing Initiatives Partnership (SHIP), Tax Credit, SHIP Income Certification, Developing Successful Grants, Gold Coast Mortgage Broker Class Professional 2007-Present Gibraltar Private Bank & Trust, Coral Gables, FL apefience Vice President - Director of Community DevelopmentlCRA Officer Earned 'Outstanding' Rating on CRA Performance Evaluation for 2 years ending 12/31/09 Lead person in achieving bank's CRA plan Implement policies, programs and activities within the bank's assessment areas Originate loans to low to moderate income persons Serve on boards of various community organizations and Boards Helped bank achieve Outstanding CRA Rating from OTS in the 2007 - 2010 CRA Performance Evaluation 2005- 2007 HSBC Mortgage Corporation (USA) Miami, FL Retail Mortgage Loan Consultant Originate loans in the South Florida market Apply for and coordinate subsidies for low-income buyers a Counsel first time homebuyers and assist with affordability studies Present First Time Homebuyer Seminars in partnership with non-profits 1999-2005 Miami Beach CDC Miami Beach, FL Housing Officer Qualify and process 1st time homebuyers for Community Lending loan products and prepare comparative market analyses and offers for prospective homebuyers Coordinate rehabilitation lenders, owners, and contractors Prepare market analysis for real estate acquisition, contracts for multi-family projects Responsible for obtaining pre-development and permanent financing for multi-family projects, Fundraising Coordinate & Present English and Spanish Language First-Time Home Buyer Seminars Grant writing and follow-up reporting on grants = Providing continuing education to counselors in Housing Counseling Pre-purchase, DelinquentlDefault and Reverse Mortgage Counseling Manage community partnerships with lenders 1998 - 1999 Consumer Credit Counseling Service Miami, FL Housing Support Counselor Prepare prospective homebuyers for mortgage qualification Coordinate & Present English and Spanish Language First-Time Home Buyer Seminars Grant writing and follow-up reporting on grants Designed and implemented reporting methods using MS Access and MS Excel Providing continuing education to counselors in Housing Counseling Pre-purchase, DelinquentlDefault and Reverse Mortgage Counseling Manage all community partnerships with lenders, non-profits and government agencies = Provide technical assistance to Community Development Corporations and other new starting agencieslpartnerships # 1997 - 1998 Consumer Credit Counseling Service Miami, FL Credit Counselor Provide face to face and telephone credit counseling Assist clients in planning, goal setting and budgeting for financial success Establish Debt Management Accounts for clients Provided delinquentldefault and reverse mortgage counseling assisting clients with mortgage delinquencies by negotiating with both clients and lenders. Board Affiliations 2008 - Present HOMES Inc., Ft. Lauderdale, FL 2008 - Present Broward Alliance for Neighborhood Development (BAND), Broward County, FL 2008 - Present South Florida Community Development Coalition, Miami-Dade County, FL 2002 - 2009 City of Miami Beach Committee on the Homeless, Miami Beach, FL 2006 - Present City of South Miami Affordable Housing Advisory Board, South Miami, FL 2006 - 2008 Little Haiti Housing Association, Miami, FL 2007 - 2008 NANAY Inc & NANAY Housing Resource Center, N. Miami, FL R9 - New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) AGENDA ITEM: R9B1-2 DATE: 9-/+(1 THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Iorge M. Gonzalez, City Manager Robert Parcher, City Clerk FROM: Jorge R. Exposito, Commissioner DATE: June 29,2011 SUBJECT: Agenda item: update on Security Please place a discussion item on the July 13,2011 Commission Meeting agenda regarding an update on security analysis by the Police Department investigation related to security of the Mayor and Commission Offices and Chamber. This item was discussed in the January 19,2011 City Commission Meeting (R9C-Committee Of The Whole- Discuss Security Issues -Exposito-) We trust that you will find all in good order. Should you have any questions, please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, We ore cornmined to providing excellent public service and safefy to oil who live, work, and ploy in oul Agenda Item 8 9C I Bate THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM DATE : August 1 0, 201 1 SUBJECT: Agenda item for the September 14th' 201 1 Commission meeting; an ordinance amending the city's existing local preference ordinance Please place on the September 1 4Ih, 201 1 Commission meeting agenda an ordinance amending the city's existing local preference ordinance to remove the exemptions and have it apply to other competitive procurements-besides invitations to bid-such as RFP's, RFQ's, and - written or verbal requests for quotations. Please allow this to be placed for first reading in September with a referral to . Neighborhoods/Community Affairs Committee if the Commission deems it necessary prior to second reading. Please contact my office at ext. 71 06 if you have any questions. Agenda Item R9 D \:Iz(: <I!(, (,I~T~;~IIIIP~~ \I;~I!;C~~;I<~ L!XL~~~~:,II !IO~I;( S(VL,C(, ~lrj,! 5<1/t!\b 10 ,I// ~+i!<> It\.?! v~o!k CIII~,C>~(.J~ III ,)I; Date 9- /y-// 555 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING PROCEDURES TO PROVIDE LOCAL PREFERENCE TO MlAMl BEACH-BASED VENDORS IN THE AWARD OF CONTRACTS FOR GOODS AND GENERAL SERVICES, BY AMENDING CHAPTER 2 OF THE CODE OF THE ClTY OF MlAMl BEACH ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3 ENTITLED, "CONTRACT PROCEDURES," BY AMENDING SECTION 2-372 THEREOF; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILIN, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 287.084, Florida Statutes, entitled Preference to Florida businesses, municipalities may award a preference to the lowest responsible - . bidder having a principal place of business within this state; and WHEREAS, on June 11, 2003, the Mayor and City Commission adopted, on second and final reading, Ordinance No. 2003-3413, which created Section 2-372 of the City Code, and established the City's local preference ordinance (the Ordinance); and WHEREAS, the Mayor and City Commission hereby find and determine that it is in the best interest of the City to amend the Ordinance, by broadening its scope and applicability to other City public procurement methods including, without limitation, Requests for Proposals (RFP1s), Requests for Qualifications (RFQ1s), Requests for Letters of Interest (RFLlls), and oral or written request for quotations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClN OF MlAMl BEACH, FLORIDA as follows: SECTION 1: That Chapter 2, Article VI, Division 3, Section 2-372 of the Miami Beach City Code is hereby amended as follows: ARTICLE VI. PROCUREMENT DIVISION 3. CONTRACT PROCEDURES Sec. 2-372. Procedure to provide preference to Miami Beach-based vendors in I contracts for goods and ftefferstlcontractual services. (1) Definitions. For purposes of this section onlv, the following definitions shall apply: (a) Bid shall mean a competitive bid procedure established through the issuance ii -A 'J of an invitation to bid,. The , 7 requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or the solicitation of purchase orders based on oral or written quotations. I #(b) Miami Beach-based vendor means a bidder that has a valid occupational license issued bv the Citv of Miami Beach, which authorizes said vendor to I provide the rdqe& goods andlor contractual services, and has its headquarters in the Citv, or has a place of business located in the Citv at I which it will produce the goods or perform the contractual services to be purchased. The City Manager shall administrativelv resolve anv issues I relating to a vendor's status as a Miami Beach-based vendor, and hislher decision on whether a vendor is a Miami Beach-based vendor shall be final. 128) Preference in purchase of goods or~confractual services. I (a) Invitations to bid; oral or written requests for quotations. Except where federal or state law mandates to the contrarv, in the purchase of goods or gew4contractual services bv means of an wtwAtMinvitation to bid or pursuant to an oral or written quotation, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the lowest and best bidder, an opportunitv of providing said goods or qetwzdcontractual services for the lowest responsive bid amount. #Whenever, as a result of the foregoing preference, the adiusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitivelv bid purchase, and such bids are responsive and otherwise equal with respect to qualitv and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its emplovees that I are Miami Beach residents. &Whenever, two or more Miami Beach-based vendors have the same number of its emplovees that are Miami Beach residents, then the award shall be made to the Miami Beach-based vendor who is certified by Miami-Dade Countv as a Minority or Women Business - Enterprise. (b) Requests for proposals; requests for aualifications; requests for letters of interest. The citv commission, or the citv manager (in instances where such action has been delegated to the manager), in considering, determining, and/or approvinq the evaluation methodology, selection criteria, and/or other factors determined bv the city to be applicable in the recommendation and selection of proposers submitting responses pursuant to an RFP, RFQ, or RFLI, as appropriate, shall include (as part of such evaluation methodology, selection criteria, and/or other applicable factors to be set forth and included within the RFP, RFQ, or RFLI document) and give an additional five (5) points (where the evaluation methodologv is based on a points system from 0 - 100 points), or an additional five percent (5%) (where the evaluation methodologv is based on a percentage system from 0 - loo%), to proposers, which are, or include as part of their proposal team, a Miami Beach based vendor. 36) Comparison of qualifications. The preferences established herein in no wa I brohibit the right of the city manager andlor the fmaw+md city commission, applicable, to compare quality of materials proposed for purchase and compare qualifications, character, responsibilitv and fitness of all person, firms or corporations submitting bids. Further, the preferences established herein in no way prohibit the right of the citv manager andlor the ma+e~~A citv commission, as applicable, from giving any other preference permitted by law in addition toiwkad4 the preferences granted herein. 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, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 2011, which is 10 days after adoption. PASSED and ADOPTED this day of ,2011. Mayor ATTEST: City Clerk Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:MlTO\AGUR\RESOS-ORD\Local Preference Ordinance (84-1 l).doc THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH - - *,.- ; -, -.. 7: !:, 1 7pE: s \I ' -. OFFICE OF THE MAYOR AND COMMISSION ' MEMORANDUM TO: Jorge Gonzalez, Citi; Manager FROM: Jerry Libbin, Commissioner fl / DATE: August 10, 20 1 1 SUBJECT: Agenda item for the September 14th, 201 1 Commission meeting; an ordinance providing a vendor preference for Veterans and Service-disabled Veterans Please place on the September 1 4Ih, 201 1 Commission meeting agenda an ordinance providing a vendor preference for Veterans and Service-disabled Veterans for first reading in September with a referral to Neighborhoods/Community Affairs Committee if the Commission -. deems it necessary prior to second reading. Please contact my office at ext. 71 06 if you have any questions. I iir,> ,,,, ~ I.. ,,,,;,,a.,,, . , ,,~r:.,, !,,i!,,. .5,,,,.,r; ,,,,.I sc~i. t, 1,. .,I, ,.,.,. ;.,. .,,: .I,K~ ,.i(,, .J Agenda Item R9 E Date ?-/v-& ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, IMPLEMENTING PROCEDURES TO PROVIDE A VENDOR PREFERENCE IN THE AWARD OF CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES, TO FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3 ENTITLED, "CONTRACT PROCEDURES," BY CREATING SECTION 2-374; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, in order to increase contracting opportunities for small business concerns .' owned and controlled by veterans, Section 502 of the "Veterans Benefits, Health Care, and Information Technology Act of 2006" (the Federal Act) allows for certain preferences in the award of contracts to such small business concerns, if the small business and the veteran owner are listed in the federal Database of Veteran-Owned Businesses; and WHEREAS, Section 295.187, Florida Statutes, also referred to as the "Florida Service- Disabled Veteran Business Enterprise Opportunity Act" (the State Act), permits State agencies, when considering two or more bids, proposals, or replies for the procurement of goods or contractual services, at least one of which is from a State-certified service-disabled veteran business enterprise, that are equal with respect to all relevant considerations, including price, quality, and service, to award such procurement or contract to the State-certified service- disabled veteran business enterprise; and WHEREAS, the State Act also encourages political subdivisions of the State of Florida to offer similar consideration to businesses certified under the Act; and WHEREAS, the Mayor and City Commission desires to honor the extraordinary service rendered to the United States by veterans with disabilities incurred or aggravated in the line of duty during active service with the armed forces; and WHEREAS, accordingly, it is the intent of the Mayor and City Commission to apply similar requirements, as set forth and allowed under the respective provisions of the Federal and State Acts, to the City of Miami Beach, in order to rectify the economic disadvantage of veterans and service-disabled veterans, who are statistically the least likely to be self-employed when compared to the population as a whole, and who have made extraordinary sacrifices on behalf of the nation, the State of Florida, and the public, by providing opportunities for small businesses in Florida owned and controlled by veterans, and which are listed in the federal database of veteran-owned businesses, and State-certified service-disabled veteran business enterprises, preference in the award of contracts for goods and contractual services; and Draft 8-4-1 1 WHEREAS, the following ordinance will not result in the City paying more for goods and services, since it provides eligible veterans and service-disabled veterans with the opportunity of providing such goods and services at the same cost as the lowest bid received; and WHEREAS, the basic tenet of public procurement of ensuring maximum competition will remain intact by requiring competitive bids. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA as follows: SECTION 1: That Chapter 2, Article VI, Division 3 of the Miami Beach City Code is hereby amended creating a new Section 2-374 as follows: ARTICLE VI. PROCUREMENT DIVISION 3. CONTRACT PROCEDURES . Sec. 2-374. Procedure to provide preference to Veterans in contracts for goods and I contractual services. 11) Definitions. For purposes of this section only, the following definitions shall applv: (a) Bid shall mean a competitive procedure established bv the City through the issuance of an invitation to bid (ITB), request for proposals (RFP), request for qualifications {RFQ), request for letters of interest (RFLI), or the solicitation of purchase orders based on oral or written quotations. Certified service-disabled veteran business enterprise means an independentiv owned and operated business, domiciled in Florida, and as further defined under Section 295.187(3)(c) of the Florida Service-Disabled Veteran Business Enterprise Opportunitv Act, as same mav be amended from time to time, that has been certified bv the Florida State Department Management Services to be a service-disabled veteran business enterprise. @ Service-disabled veteran means a veteran who is a permanent Florida resident with a service-connected disabilitv, as determined bv the United States Department of Veterans Affairs, or who has been terminated from militarv service bv reason of disabilitv bv the United States Department of Defense. &iJ Service-disabled business enterprise means an independentlv owned and operated business, domiciled in Florida, and as further defined in Section 295.187(3)(c) of the "Florida Service-Disabled Veteran Business Enterprise Opportunitv Act," as same mav be amended from time to time. le) Small business concerns owned and controlled by veterans means those independentlv owned and operated small businesses, as defined in Section 502 of Draft 8-4-1 1 the Veterans Benefits, Health Care, and Information Technology Act of 2006, as same mav be amended from time to time, which are also domiciled in Florida, and listed in the federal Database of Veteran-owned Businesses. If) Veteran means a person who served in the active militan/, naval, or air service and who was discharged or released therefrom under honorable conditions. For purposes of this section, the definition of "veteran" shall adopt the same definition, as provided therefor in Section 1.01(14), Florida Statutes, as same mav be amended from time to time. I J2) Preference in purchase of ooods or contractual services. la) ITB's and requests for oral or written qualifications. The citv, when considering two (2) or more bids submitted pursuant to an ITB or an oral or written request for quotations for the purchase of goods or contractual services shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled bv a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, bv providing such bidder an opportunitv of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adiusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to qualitv and service, then the award shall be made to the service-disabled veteran business enterprise. lb) Request for proposals, request for qualifications, and request for letters of interest. The city commission, or the citv manager (in instances where such action has been delegated to the manager), in considering, determining, and/or approving the evaluation methodology, selection criteria, and/or other factors determined bv the citv to applicable in the recommendation and selection of proposers submitting responses pursuant to an RFP, RFQ, or RFLI, as appropriate, shall include (as part of such evaluation methodology, selection criteria, and/or other applicable factors to be set forth and included within the RFP, RFQ, or RFLI document) and qive an additional five (5) points (where the evaluation methodologv is based on points svstem from 0 - 100 points), or an additional five percent (5%) (where the evaluation methodologv is based on a percentage svstem from 0 - loo%), to proposers, which are, or include as part of their proposal team, a small business concern owned and controlled bv a veteran(s) or a service-disabled veteran business enterprise. 1 13) Comparison of qualifications. The preferences established herein in no wav prohibit the right of the Citv Manager and/or the Mavor and Citv Commission, as applicable, to compare qualitv of goods and/or contractual services proposed for purchase and compare qualifications, character, responsibilitv and fitness of all person, firms or corporations submitting bids. Further, the preferences established herein in no wav prohibit the right of the Citv Manager and/or the Mavor and Citv I Commission, as applicable, from giving anv other preference permitted bv law in addition to the preferences granted herein. Draft 8-4-1 1 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, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 201 1, which is ten (1 0) days after adoption. PASSED and ADOPTED this day of ,201 1 Mayor ATTEST: City Clerk Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:WTTOWGUR\RESOS-ORD\Veteran Preference Ordinance (8-1 7-1 1).doc THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manag FROM: Jonah Wolfson, Commissione DATE: August 4th, 201 1 SUBJECT: Discussion Item for September 1 4th, 201 1 Commission Meeting Please place a discussion item for the September 14'~, 201 1 Commission Meeting on the attached letter and a request for explanation from administration. If you have any questions, please do not hesitate to contact my office at extension 6437. J W/l h , ,I, ,x,l, , , ,,,I , ,, ,I I ,. WU,~ illt.i >, Agenda Item R9 F I Bate 9-&-(I 567 Jorge Gonzalez 1700 Convention Center Drive Miami Beach, FL 331 39 Re: Addendum regarding maintenance contract for Lincoln Road Dear Mr. Gonzalez: It is sadly necessary to write this letter anonomously. Why? Fear. Miami Beach has a history of retribution for citizens that complain. Less than 20% of citizens vote in Miami Beach. That means 80% think you and the government ate so hopeless, so corrupt, so incestuous that it's not worth the time and effort to vote. The citizens, I might remind you, are your bosses. You are an employee. You and the Mayor and the Commissioners are NOT the bosses. You're hired help, just like like a janitor is hired help. Your attempt to slip through a no bid contract, without defined time frame, without precise compensation will NOT happen. There is an unhappy 80% of the citizenry that would love to recall the entire government. It happened in Miami Dade. It will happen in Miami Beach. The compensation given to city employees WlLL end ifs absurdly high payouts. You are employees. You make more than your employers. You pay little to nothing for your health insurance. You pay little to nothing for your pensions. Your bosses in the private sector pay 50-100% for their health insurance and 50400% of their pension funding. This WILL stop. It is nothing short of stealing from your employers. But it WlLL stop. And the contract for Lincoln Road maintenance WlLL NOT be awarded without bidding and public review first. This magnificent city is treated like garbage. The citizens that pay your salary, put food on your table are treated like garbage. But the party is almost over. The meeting on 14 September will be a massive illustration of just how angry and fed up your bosses are. You, the Mayor, the commissioners, all should be ashamed of how outrageously you rip the citizens off, abusing the tax dollars as if they were yours. You are NOT the boss. The citizens will make sure you understand this very clearly on 14 September. Lincoln Road is not for sale for some sweetheart deal slipped in under the table, and that is exactly what you tried to do. And to think, we have to write this anonomously out of fear of retribution from our employees. it is a sad state of affairs, but it WlLL end. Your salaries will be slashed and you WlLL pay 50-100% of your health care and pension funding. You are not only no better than us, you are just employees. We are the bosses. You will take massive pay cuts. You will contribute 50-100% to your health care costs and pension funding. You will do these things voluntarily. But if you're too stupid and selfish not to, the 80% of the voters you're stealing from will have a referendum and do it for you, and then throw you all out. xc: miami herald abc, nbc, cbs, fox, cnn THIS PAGE INTENTIONALLY LEFT BLANK 8 MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manag FROM: Jonah Wolfson, Commissioner DATE: August 23rd, 201 1 SUBJECT: Agenda Item Please place on the September 14th, 201 1 Commission Meeting Agenda a discussion item on changes made to Disability Access Committee. . If you have any questions, please contact Leonor Hernandez at extension 6437. We are cornrn~ffed to prov~d~ng excellenf pub11c service and safe?, fo all who live, work, and play In 04 Agenda Item RQG Date 9-/v-// 571 THIS PAGE INTENTIONALLY LEFT BLANK 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 FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 201 1 SUBJECT: A REPORT FROM ALTOS DEL MAR SCULPTURE PARK ON THE REQUIRED PROOF OF FINANCING PURSUANT TO THE MANAGEMENT AGREEMENT. BACKGROUND On October 17, 2007, the Mayor and City Commission approved the issuance of Request for Proposals No. 02-07/08 to establish a Cultural Arts Themed and/or Other Passive Recreational Activities Program in Altos Del Mar Park, located on Collins Avenue, between 76th and 77th Streets (the RFP). On July 16, . 2008, the Mayor and City Commission authorized the Administration to enter into negotiations with the successful proposer, Altos Del Mar Sculpture Park, Inc, a not-for-profit Florida corporation (ADMSP). The Administration negotiated a Management Agreement with ADMSP whereby they would design, develop, operate and maintain a sculpture park within a portion of Altos Del Mar Park (to be known as the Altos Del Mar Sculpture Park), in accordance with its response to the RFP. On June 3, 2009, the City Commission adopted Resolution No. 2009-27100, which approved and authorized the Mayor and City Clerk to execute the Management Agreement with ADMSP. The Agreement has an initial term of ten (10) years, with two (2) additional five (5) year renewal options, at the City's sole and absolute discretion. The initial term of the Agreement commenced on June 3, 2009, and expires on June 3, 2019. On April 14, 2010, the City Commission approved Amendment No. 1 of the Management Agreement pursuant to Resolution No. 2010-27371. The Amendment defined the "Possession Date," and further provided that ADMSP's obligations under the Agreement with respect to maintenance and general liability coverage would not commence until such Possession Date. On March 5, 201 1, the City received a letter from ADMSP, advising the City that it would not be able to obtain a Full Building Permit for the Proposed Improvements by May 13, 201 1, as currently stipulated in the Agreement. The letter requests that the deadline within which to pull a Full Building Permit be extended to February 13, 2012, and provides an explanation for the request. Subsequently, on May 4, 201 1, ADMSP submitted another letter explaining in more detail the reason for the extension request. The letter also amends the original request within which to obtain a Full Building Permit to March 31, 201 2. The Neighborhoods and Community Affairs Committee considered ADMSP's request at its May 5, 201 1, meeting. ADMSP explained that the architectural and engineering (AIE) services for this project were originally to be provided pro-bono but, due to the economic recession, it had been unable to secure these services pro-bono. ADMSP stated that it was now in a position to raise $120,000 to pay for the AIE services, but was in need of additional time to secure these funds and obtain a Full Building Permit. The Committee unanimously recommended in favor of the extension until March 31, 2012, and also recommended that ADMSP provide the City with proof that they have obtained sufficient funds to pay for the AIE services by the September Commission meeting. As such, the Administration included the September 14, 201 1 Commission meeting as a deadline for ADMSP to provide proof of funding to the City for the AIE services. I Agenda Item ~4 Date 90/q-// Altos Del Mar Sculpture Park September 14, 201 1 Page 2 of 2 This item was presented to the Mayor and City Commission at its regularly scheduled meeting on June 1, 201 1. The Administration was directed to bring this item back to the July 13, 201 1, City Commission meeting with additional amendments. Amendment No. 2 to the Management Agreement was adopted by the City Commission via Resolution No. 201 1-27701 on July 13, 201 1. ADMSP PROOF OF FUNDING DEADLINE Amendment No. 2 to the Management Agreement between the City and ADMSP required ADMSP to provide proof to the City Commission by September 14, 201 1, that funding for architectural and engineering services for design and development of the proposed improvements has been secured. As of the printing of the Commission agenda, ADMSP was not able to provide the City with any proof that funding had been secured as required by the Agreement. Pursuant to the terms of the Second Amendment, failure to provide proof of funding by the September 14, 201 1 deadline, constitutes a default under the Agreement, Section 9.7.8.1. DEFAULT AND TERMINATION Section 27 of the Management Agreement requires the City to give written notice of such default to ADMSP. If "such default is not cured within thirty (30) days after written notice is given (or if not curable within thirty (30) days, the party has begun to take curative action within thirty (30) days and is continuing --: to pursue such cure), the aggrieved party shall have the right to terminate this Agreement and, as the case may be, either vacate or re-enter the Premises, without further notice or demand. At its option, either party may also pursue any and all legal remedies available to seek redress for such default. The default and termination rights afforded the parties in this Section 27, shall in no way limit or otherwise preclude the City from exercising such other rights to terminate this Agreement, as may be expressly provided in other sections hereto." CONCLUSION Unless otherwise directed by the Mayor and City Commission, the Administration will issue ADMSP Notice of Default as per Section 27 of the Management Agreement. Attachments T:MGENDA\2011\9-14-1 IMDMSP Mgmt Agmnt Update Memo.doc.RTF MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Vice-Mayor CC: Robert Parcher DATE: September 1,201 1 SUBJECT: Agenda Item for September 14'~ city Commission Meeting. Please add to the agenda a discussion item regarding staffing of the Police Department. If you have any questions please contact my Aide, Dessiree Kane, extension 6274 Thank you. we are co,nrn~~ed io piov~d~ng exceiieni pubic EWCI? and iafev io ail who ive, work, and piay Agenda Item R9I I Date 9-/q-4 575 THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Vice-Mayor CC: Robert Parcher DATE: September 1,201 1 SUBJECT: Agenda ltem for September 14'~ City Commission Meeting. Please place on the September 14'h Commission Agenda an item to discuss the renovation of the Flamingo Park youth softball (and soccer) field restroom1Flamingo park Master Plan. If you have any questions please contact my Aide, Dessiree Kane, extension 6274 Thank you. ETld k WP are committed to prowding excellent public senzrce and safety to all who live, work, and play in our vihr Agenda Item RW Date 9-/@// 577 THIS PAGE INTENTIONALLY LEFT BLANK 9 MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Vice-Mayor CC: Robert Parcher DATE: September 1,201 1 . . SUBJECT: Agenda ltem for September 14'~ City Commission Meeting. Please place on the September 14'~ Commission Agenda an update regarding the dredging an replacement of the 54" force main in Government Cut and plans for Raw Sewage Festival in October. If you have any questions please contact my Aide, Dessiree Kane, extension 6274 Thank you. ETId k We ore committed to prov~drng excellent publrc servlce and safety to all who Irve, work, and piny in our vlbl Agenda ltem R 9K Date f'-/F// 579 THIS PAGE INTENTIONALLY LEFT BLANK , MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: Jorge M. Goilzalez, City Manager FROM: Matti Herrera Bower, Mayor DATE: September 6,20 1 1 SUBJECT: A Discussion Item on the FDOT tunnel MEMORANDUM Please place on the Sept. 14,201 1 Commission meeting agenda a disc~~ssion item regarding the status of the FDOT tunnel in light of recent developments. I thank you in advance for your cooperatioil in this matter. If you have any questions, please-do not hesitate to contact Rebecca Wakefield at extension 6157. Thank you. We ore cornmifled lo providing excellen/ ~ublic service and solely lo all who live, work, and ploy in our vid Agenda Item R~L Date THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH City of Miami Beach, I700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission City Manager Jorge Gonzalez I FROM: City Attorney Jose Smit DATE: September 14,201 1 SUBJECT: Attorney Client Session . Pursuant to $286.01 1, Florida Statutes, the City Attorney hereby advises the Mayor and City Commission that he desires advice concerning the following pending litigation matter: The Citv of Miami Beach v. The Board of Trustees of the Citv Pension Fund for Firefighters and Police Officers In the Citv of Miami Beach, 1 I th Circuit Court Case #I 1-01443 CA 08 Therefore, a private closed Attorney-Client Session will be held during the lunch recess of the City Commission meeting on September 14, 2011 in the City Manager's Large Conference Room, Fourth Floor, City Hall, to discuss settlement negotiations andlor strategy related to litigation expenditures with regard to the above-referenced litigation matter. The following individuals will be in attendance: Mayor Matti Herrera Bower; Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn and Jonah Wolfson; City Attorney Jose Smith, City Manager Jorge Gonzalez, Chief Deputy City Attorney Donald Papy, Special Counsel David Miller, James Crosland and James Linn. Agenda Item RIOA Date 9-lfL// THIS PAGE INTENTIONALLY LEFT BLANK Reports and Informational Items (see LTC #223-2011) THIS PAGE INTENTIONALLY LEFT BLANK